City Council Minutes

Thursday, June 6,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 6, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Sharon Isom
Council Member Suzanne Allen
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Jonathan Wright
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The salute to the flag was led by Ryan Davies and the invocation was offered by Carol Sapp.

Mayor McArthur announced that the Pine View Track Team won the State track tournament

INTRODUCTION OF NEW EMPLOYEE:
Public Works Director Larry Bulloch introduced David Ulane, the City's new Airport Manager. He advised that Mr. Ulane was most recently the airport manager in Cody, Wyoming, and has a formal education in aviation management and has worked extensively with the regional and district FAA.

Mr. Ulane stated he and his wife were enthralled with the community and excited to be here and help with plans for the new replacement airport.

PRESENTATION OF AWARD TO WASTEWATER DIVISION:
Paul Kraulf, a representation of the Water Environment Federation, explained that the Federation is made up of 50,000 wastewater individuals from around the world. He presented Wastewater Division employees Keith Pendleton and Cody Chadburn with a safety award on behalf of the Department.

EMPLOYEE RECOGNITION:
Chief Stratton recognized Sgt. Vickie Hughes, a recent recipient of the Emergency Medical Dispatcher Award for the State of Utah in 2002.

VOLUNTEER FIREFIGHTERS RECOGNITION:
Fire Chief Robert Stoker introduced Ron Larson and LeGrand Fawcett, who are retiring as Volunteer Firefighters for the City of St. George. Mr. Larson has served the City in this capacity for 42 years, and Mr. Fawcett has served for 35 years. Mayor McArthur presented them with plaques in recognition of their service.

VIDEO UPDATE:
Marc Mortensen presented a video update on the golf courses, the Canyons complex, and the Public Works Department.

Mayor McArthur advised that item 6A2 to discuss traffic issues in the Bloomington Hills agenda will be stricken from the agenda at the request of the applicant.

Council Member Isom advised that over the past three months she has been very ill and not able to attend City Council meetings. She thanked everyone for the cards, letters and calls wishing her well.

AWARD OF BID:
Consider award of bid for the purchase of grass seed for City golf courses.

Purchasing Agent Sue Swensen explained that six bid packets were sent out but only two bids were received. One was a no bid, and the other was from Helena

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June 6, 2002
Page Two

Chemical in the amount of $64,800. This bid is in line with last year's seed bid, and staff recommends award of the bid to Helena Chemical in the amount of $64,800.

A motion was made by Council Member Isom and seconded by Council Member Allen to award the bid to Helena Chemical in the amount of $64,800. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of a blanket purchase order for mega lugs and fittings for the Water Department.

Purchasing Agent Sue Swensen presented two bids received:

Plumber's Supply $22,638.00
Scholzen Products $19,657.41

She recommended award to the low bidder, Scholzen Products, in an amount not to exceed $50,000 for the year.

A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to Scholzen Products in an amount not to exceed $50,000 for the year. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Isom - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the airport seal coat and rehabilitation project.

Purchasing Agent Sue Swensen presented three bids received:

Gordon Paving $173,009.40
A T Asphalt Paving $185,407.50
Jack B. Parson Co. $191,237.00

She recommended award to the low bidder, Gordon Paving, in the amount of $173,009.40.

Mayor McArthur inquired when the airport would be closed to perform this maintenance.

Public Works Director Larry Bulloch replied the airport would be closed beginning Friday, June 14 at 8:30 p.m. until 6:00 a.m. Sunday, June 16.

City Manager Gary Esplin explained that staff was concerned there was not enough funding to do the entire airport, so they reduced the scope of the work by a certain percentage to get under the budget. He suggested that after award of the bid, a change order be authorized to the low bidder to complete the entire project. The total budget is $200,000 for this project.

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June 6, 2002
Page Three

A motion was made by Council Member Isom and seconded by Council Member Gardner to award the bid to Gordon Paving and approve a change order for the total project cost of $200,000.

Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for construction of the Main Street/Tabernacle roundabout.

Purchasing Agent Sue Swensen presented two bids received:

Sunroc Corporation $225,872.85
Western Rock Const. $225,921.65

She recommended award to the low bidder, Sunroc Corporation, in the amount of $225,872.85.

Traffic Engineer Aron Baker advised that construction will begin within two to three weeks and will take 75 calendar days to complete.

Council Member Gardner stated he thought the City Council would have a chance to review the design before it was bid. He advised that property owners on both sides of the street are concerned with the proposed striping.

City Manager Gary Esplin replied that striping would not impact the construction, and the striping issue could be resolved as the project progresses.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Sunroc Corporation in the amount of $225,872.85. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen -aye
Council Member Isom - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

Mayor McArthur announced that the public hearing concerning the mosquito abatement district was advertised for, and would be held at, 6:00 p.m.

ABANDONMENT ORDINANCE:
Consider approval of an ordinance abandoning a portion of existing public roadway associated with the realignment of 2450 South Street at the intersection with River Road.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance. Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Isom - aye

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June 6, 2002
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Council Member Whatcott - aye

The vote was unanimous and the motion carried.

INTERLOCAL AGREEMENT RESOLUTION:
Consider approval of a resolution authorizing an interlocal agreement with the City of Hurricane, City of Ivins, City of LaVerkin, Town of Leeds, City of Santa Clara, City of Springdale, City of Washington, and Washington County to provide for consolidation of all dispatch services of participants on specified terms and conditions.

City Manager Gary Esplin explained that negotiations have been held with affected cities and the County to enter into an agreement requiring each entity to pay a portion of the costs of the dispatch and 911 system.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve, by resolution, the agreement as presented. Mayor McArthur called for a roll call vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY:
Consider approval of a resolution authorizing the sale or lease of property adjacent to the St. George Golf Club in the Bloomington Hills area.

City Manager Gary Esplin explained the request is similar to one previously approved by the City Council with a lease of the property, rather than a sale. The same amount of money is being recovered from the lease as would be made from a sale. Staff recommends this property be leased also, rather than sold, so that the City can retain control over the property and easements.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve, by resolution, a lease of the property. Mayor McArthur called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Whatcott - aye
Council Member Isom - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

City Attorney Jonathan Wright advised that the "lease" would in reality be a license to use the property, and the Deputy City Attorney is working with the property owner's attorney on the terms.

PUBLIC HEARING/ZONE CHANGE/AMEND PD ELEVATIONS AND PROPERTY USES/ORDINANCE:
Public hearing to consider a request for a zone change from R-1-40 Single Family Residential to PD Commercial and also to amend the existing PD Commercial building elevations and uses on property located north of the Flying J Station on the northeast corner of Brigham Road and I-15. Doug Hunt, representing 3D Development, LLC, applicant.


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June 6, 2002
Page Five

Community Development Director Bob Nicholson explained the applicants propose to add 3.4 acres presently zoned R-1-40 to the PD. The PD project is located north of the Flying J station. The applicant proposes an 18 lot commercial subdivision. He displayed a picture of the architectural theme, and advised that the building motif would vary from lot to lot. He explained that the main discussion in Planning Commission meeting centered on the list of uses. The original PD was approved in 1985, including the site plan, elevations, and list of uses. Uses are similar to those allowed in a C-3 zone. The Planning Commission recommended approval subject to deletion of ten of the original uses with an addition of four. The uses recommended for deletion include: auto repair and storage, bus terminal, child nursery, lodge or social hall, mobile home sales lot and service, nursery school, plumbing shop, sign manufacturing or sign painting, storage rental units, trailer sales and service, used car lot, and welding shop. Those recommended for addition to the approved uses include: motorcycle sales and service, pawn shop with no outside storage, retail plumbing shop, and sign manufacturing with no outside storage. The Planning Commission also recommended that language be included which allows other uses as determined by the Planning Commission to be similar in nature to the permitted uses and in harmony with the intent of the zone. The Planning Commission was concerned that if the property was sold, the new owners might not take the same care with how the project is developed. Mr. Nicholson clarified that the Planning Commission probably would not oppose a use that included sales of new cars, or new motorcycles, but would oppose sales of used cars or motorcycles exclusively.

City Attorney Jonathan Wright expressed concern about how to distinguish between a new and used auto dealer if the dealer sells both.

Council Member Whatcott replied that new cars are sold only by dealers, and used car lots are not able to obtain new cars for sale.

Doug Glendenning, applicant, advised he felt OK about the recommended uses and understood the City's concern about what is developed at the entrance to

the City. He explained he is working with Harley Davidson to build a 10,000-20,000 sq. ft. facility on the site.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion.

A motion was made by Council Member Whatcott to approve the zone change and amend the existing PD building elevations and permitted uses, and include suggested language as recommended by the Planning Commission. The motion was seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED PD ZONE/ORDINANCE:
Public hearing to consider a request for an amended PD zone for Entrada by adding approximately 81 acres and 114 residential units to the original PD located on Snow Canyon Parkway and Entrada Trail. Howard Sierer, agent for the Entrada Company, applicant.

Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the proposed amended plan. The applicant proposes to add 81 acres which was previously owned by State School Trust Lands along the hillside east of Snow Canyon Parkway. 114 new lots are

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June 6, 2002
Page Six

proposed. One of the areas of discussion in the Planning Commission meeting centered on street lights on Snow Canyon Parkway. Staff recommends that lights be placed at the intersections and every 300 feet in uniform spacing. The applicant requests that lights be required at the intersections only to retain the night sky visibility. A special hooded lighting fixture unique to Snow Canyon Parkway is planned. Staff's recommendation is primarily for safety. The second area of discussion at the Planning Commission meeting was about sidewalks. The City's policy has been that in clustered townhome units, sidewalk is required on at least one side of the street. The applicant is requesting no sidewalks in the townhome project. They will install sidewalks on one side of the street in the single family lot area. The applicants do not feel the trail previously installed on the other side of the street in the single family lot area has been successful, and are requesting that its requirement be waived. The proposed plan is highly conceptual, and will have to comply with the Hillside Ordinance. The applicant also proposes eight new ponds, and staff questions whether this is appropriate in our desert environment. The Planning Commission recommended approval of all the applicant's requests.


Mayor McArthur commented it has always been the City's intent to fully light Snow Canyon Parkway, and as a concession to developers, agreed upon the special hooded lighting.

Mr. Nicholson explained that the City's Engineering Department recommends lighting at least every 300 feet along Snow Canyon Parkway for traffic and pedestrian safety, as well as consistency in administering City policy. There was agreement with the developers in 1999 concerning the unique hooded lighting fixtures, and now it comes down to the issue of spacing.

Brent Beesley, applicant, explained he recognized the City Council will set the rules of development, and that he would follow that direction. He explained that the people who live in Entrada love it and it is hard to develop the lots fast enough. Lighting on Snow Canyon Parkway is an important issue, and the City of Ivins is not planning on lighting its portion of Snow Canyon Parkway. He stated that he did not understand why a parkway needed to be lighted, and the area already has a lot of light pollution from the nearby ball fields. The night sky in the Entrada area is unique and should not be thrown away. He agreed that the intersections needed to be illuminated, but he urged the Council to grant a variance to the City's standard practices on Snow Canyon Parkway. With regard to sidewalks, the first few phases of the project were developed with sidewalks, and the people who live in Entrada don't want them or use them. There is a very little traffic as it is a gated community, and sidewalks change the feeling of the project. He advised that allowing room for sidewalks would not mean fewer units, but less open space. With regard to the ponds, Entrada is not directly involved in building them, as they will be done by sub-developers. He explained the water features are proposed to be much smaller that those in the last two projects in any event, and the subdeveloper also plans to use his own water. He pointed out that ponds use less water than grass even though they may not look politically correct. He advised that the Planning Commission supported Entrada's recommendations.

Council Member Isom commented she would hate to see anything detract from the current Entrada project.

Mr. Beesley commented there has never been a public safety issue at Entrada at any time as the gates have made the area safe.

Council Member Whatcott inquired if the Zoning Ordinance allowed for sidewalks on one side of the street only, as it appears some PDs do not have any sidewalks.

Mr. Nicholson replied that some PDs do not have sidewalks. The Zoning Ordinance requires the preliminary plat to meet the requirements of a PD zone.
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June 6, 2002
Page Seven

This issue came up several years ago and the Council made a determination that sidewalks be allowed on one side of the street only in Sun River.

Mr. Beesley commented that the first two phases do not have sidewalks while the second two do, and the difference between the two can be felt. He stated he wanted to finish the project as it was originally conceptualized. He clarified that all the single family lots do have sidewalks, and he was not proposing to change that. There is also a trail which no one likes and has since eroded away. He explained the reason Entrada was agreeable to sidewalk in the single family area but not in the townhome area was because there is a lot more land to work with in the single family lot area, and sidewalks are not as obtrusive on one acre lots compared to the smaller lots. He stated that the people who live in Entrada would choose not to have sidewalks.

Council Member Allen inquired where the residents walk, if they do not use the sidewalks.

Mr. Beesley replied that they walk on the golf course and in the street, as there is not much traffic.

Council Member Whatcott inquired where visitors parked.

Mr. Beesley replied that there are parking turn-outs on the sides of the road.

Council Member Whatcott commented that the reason the City Council made a concession and did not require sidewalks on both sides of the street was because Entrada proposed placement of a trail on one side of the street. He inquired if this trail is now being abandoned, why should sidewalks not now be required on both sides of the street.

Mr. Beesley advised that the City did not require sidewalks on both sides of the street in the last three phases. He commented the environment in Entrada is different from that of a typical City street.

Council Member Allen inquired how far the parking turn-outs were from the houses.

Mr. Beesley replied that they could be 100-150' from the furthest house. Most of the homes in the PUD would be occupied by no more than two people, and all units have a double garage large enough for two cars. Parking has not been a problem.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion.

Assistant City Engineer Jay Sandberg advised that the developers of Sedona Hills and Paradise Canyon are concerned that every developer along Snow Canyon Parkway be required to install the same special street lights along the Parkway as they are being required to do. He stated it would be awkward to require one developer to do one thing, while not requiring another to do the same. He explained that there are only three intersections along the Parkway, and while Mr. Beesley has been great to work with and Entrada is a great development, he did not agree with him. The area east of Snow Canyon Parkway is dense and will become more so as existing projects expand. Additionally, there is quite a bit of pedestrian traffic. The City will also be installing lights in front of the ballfield on the Parkway as the area improves all the way from U-18 to 1400 West.

Council Member Gardner inquired if the 300' spacing recommendation was an arbitrary number.

Mr. Sandberg replied that it was. The City's standard for street light spacing is every 150', but because of the applicant's concern with the night sky and unique environment, the City is proposing that spacing be required every 300'. This will

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June 6, 2002
Page Eight

soften the lighting effect, yet still illuminate the street and negate safety concerns while meeting the applicant's concern of too many lights.

Mayor McArthur commented that the trail in the area is heavily used.

Council Member Whatcott inquired if staff was suggesting a spacing of lights every 300' all the way from U-18 to the City's border with Ivins.

Mr. Sandberg answered affirmatively, and advised that lighting along Sedona Hills and Paradise Canyon has been put on hold until this decision is made.

Council Member Orton commented that while he wanted to protect the integrity of the Entrada development, Bloomington was built years ago without street lights for the same reason, and it was very dangerous. Residents now welcome the street lights.

City Engineer Dave Demas commented that there are recommended standards for illumination of roadways, as well as standards that would require roads such as the Parkway to be illuminated. The population of St. George is increasing, along with the average age of drivers, and the older drivers get, the more light they need to see. Lighting plays a part in the safety of roadways, and Snow Canyon Parkway will be a part of the Dixie Beltway and is anticipated to carry a significant amount of traffic.

Council Member Isom inquired when the City would be installing its street lights along Snow Canyon Parkway.

Mayor McArthur replied that as development occurs, the City will do its side of the road.

Council Member Gardner commented that he appreciated the desires of Entrada, and sometimes rules and regulations are passed with a "one size fits all" vision, and regulations passed for a community of 2,000,000 do not make sense for a community the size of St. George. However, this puts staff in a difficult position as they try to have consistency while denying the opportunity for individuality. He stated it did not offend him to not have lights on the Parkway. The project is unique, there are walls along the full distance of the project, and the density is away from the roadway. He agreed that the intersections should be lighted,
but wondered if the City forced lighting of the I-15 or other areas, and what determines whether street lights are needed on Snow Canyon Parkway.

Council Member Orton commented that in this event, how could the City require some areas to have lights and others not, as rules and standards have been set.

Council Member Gardner replied that this is the challenge the City creates for itself, and while he was not saying the City should do away with its standards, this project is unique and perhaps the lighting pattern required for the gridded part of the City does not apply to the Parkway.

Mayor McArthur commented that the City already compromised with Entrada by allowing street lights every 300' instead of 150', as well as allowing the special hooded light fixture. Snow Canyon Parkway is a major thoroughfare and northern belt loop of the City, and while he was in favor of reducing the spacing and softening the lighting, uniformity should be preserved.

Council Member Orton commented that the Entrada area may be quiet today, there is a lot of development is taking place nearby, and there will be a large population using the Parkway.

Council Member Allen commented she did not have a problem with no street lights on interior streets or within the neighborhoods, but lighting along the Parkway is a public safety issue.



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June 6, 2002
Page Nine

City Engineer Dave Demas advised that City staff always recommends sidewalks along any road, public or private, because it does not want to encourage walking in the street. Staff recommends requirement of sidewalk on at least one side of the street, but prefers sidewalk on both sides. Additionally, he met with ADA representatives to discuss whether ADA issues require sidewalks on both sides of a street. The ADA does not contain specific wording, however, it requires that every project have facilities for pedestrians, at least along one side of the street. Staff's recommendation is that the sidewalk standards be applied, and a minimum of sidewalk on one side be required.

Council Member Gardner inquired if the City had a standard for parkways.

Mr. Demas replied that "parkway" is simply a name, and Snow Canyon Parkway is a major arterial and falls under the arterial road classification.

Council Member Gardner inquired if the City has an ordinance specifying the distance of lights on arterial roads.

Mr. Demas replied that it does, and that requirement is every 150'.

Brooks Pace stated that Entrada did not want street lights along the Parkway, and neither did the Ence developers. Entrada's position is that the area north of the ballfields is an area deserving of an exception. Further, the City will probably not light its portion of the Parkway. With regard to sidewalks, the City decided to require developments with private roads to adhere to regulations for public roads, and this was because early on private developments with private roads set too many bad examples. However, Entrada has proven itself and deserves a sidewalk variance because this is what its residents prefer - more vegetation and less cement. With regard to street lights along the Parkway, perhaps low, landscape lighting along the sidewalks and trail could be considered instead. Mr. Brooks commented he believed AASHTO's requirements were really recommendations.

City Manager Gary Esplin commented that the reason the City adopted ASSHTO's standards was to help defend itself in case a suit is brought claiming City standards are inadequate. AASHTO standards are industry-accepted and are defendable in the event of a lawsuit. Whether Ivins does or not does not install street lights along Snow Canyon Parkway does not excuse the City of St. George from its responsibility. The Parkway will carry a lot of traffic and there needs to be an acceptable level of lighting along it. If a variance is given, the City will have to justify it. The City can defend a compromise of requiring lights every 300' on the Parkway, but if it gives a variance and allows no lighting, it will be difficult to enforce the City's standards on other arterials such as Brigham Road and River Road.

Mayor McArthur commented that Entrada itself would be contributing to increased use of the Parkway, as it is adding another 114 units to its project.

Council Member Isom commented she would rather see low landscape lighting than lighting from above.

Mayor McArthur commented that lighting is not just for pedestrians, but to light the Parkway and for the safety of drivers. AASHTO standards refer to public safety issues for pedestrians and traffic.

Council Member Isom commented she loved ponds and did not see anything wrong with them.

Council Member Allen stated that a BYU study found that the evaporation rate from a pool was equal to water use on grass.

Council Member Orton commented that while he recognized the integrity of the Entrada development, he agreed with staff that lighting and sidewalk should be required.

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June 6, 2002
Page Ten

A motion was made by Council Member Allen to approve the request with special street lights on Snow Canyon Parkway at intersections and every 300', and with sidewalk on one side of the street.

The motion was seconded by Council Member Orton, with the stipulation that the proposed ponds would be allowed.

Council Member Gardner inquired if the City Council would consider tabling the motion in order to further examine the issues.

Council Member Orton replied that his second to the motion stood.

Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Isom - no
Council Member Allen - aye
Council Member Gardner - no

The motion carried.

Council Member Member Orton clarified that sidewalk on one side of the street only was allowed on private roads within the PD portion of Entrada.

Mayor McArthur called for a five minutes break.

PUBLIC HEARING:
Public hearing to consider protests regarding creation of the County-wide mosquito abatement district.

Mayor McArthur read a statement, attached hereto as Exhibit "A." He then opened the public hearing.

Council Member Gardner inquired if the insecticides used would impact beekeepers. He was advised that the mosquito abatement district would be treating the water, rather than doing aerial spraying, and this would help protect the bees.

There being no public comment, Mayor McArthur closed the public hearing. He again read the statement, attached hereto as Exhibit "A."

PUBLIC HEARING:
Public hearing to consider funding the D.A.R.T.S. transportation system.

Public Works Director Larry Bulloch advised that this year the City has been designated as an urban area and is facing many of the problems of other big cities, among them problems like traffic congestion. He advised that even though the City is adding more lanes to roads, this is not adequate to address transportation needs, and multiple solutions must be examined. In October the City will be designated by the Governor as a Metropolitan Planning Organization, and the City will then have to follow intricate and detailed planning processes and federal regulations in order to qualify for federal road funds. Those procedures require the City to plan effectively for transportation needs, including public transit. He commented it was timely the City was looking at a mass transit system for the community, as it is not a question if the City should or not, but when. He advised that the last 18 months' experience with the DARTS system helps in evaluating how the public reacted to the service. In the first month of operation there were 628 rides. In the past month there were 11,300 rides. The City, however, would be hard pressed to find adequate funding for the system from the General Fund, and some of the funds would be diverted from the Public Works budget. Additionally, the quarter-cent sales tax can be used for either roads or public transportation, at the City's option. Long term, the City can expect to reduce the number of vehicles on the roads by 10-15%

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with an effective mass transit system, and therefore diverting of 10-15% of the road funds can be justified. He recommended that $350,000 of the road funds be used for this purpose. The question remains, however, if the system can be operated for this amount. The City hired a private consulting firm to evaluate the system and its cost to see if an effective system can be managed with $350,000 from road funds combined with federal funds of $400,000 to $500,000 a year.

Council Member Isom inquired if the City would lose funds if it did not proceed with the mass transit plan.

Mr. Bulloch replied that the federal highway bill is adopted every six years, and is now in that sixth year. The bill is now in the process to be adopted, and the City now has the opportunity to choose to pursue additional capital discretionary funds, not the entitlement money, and request one million dollars. There is no guarantee that the City will receive this funding, but it only has the opportunity to request it once every six years. If the City passes up this opportunity now, it will have to wait another six years. He stated he believed the City could afford to operate the system by making the system more efficient and reduce operating costs by as much as $120,000 a year if the route lengths and number of buses were reduced. He commented a public transit system was a quality of life issue by reducing auto emissions and protecting the clean air. The recent census reported that 745 households in St. George do not own vehicles.

Mayor McArthur opened the public hearing.

Jeff Jennings stated that after getting involved in the current system, he felt DARTS has done a good job with what it had to work with, and while it cannot be justified as a capitalistic income-producing business, it is a quality of life issue and it would be sad if the City could not fund it.

Council Member Whatcott commented that six months ago when this issue was discussed and the City temporarily committed to contributing funds to it, one of the requirements was that facts and figures be provided to the City Council. The figures provided at this meeting are the first time the Council has had a chance to review them, and he did not know whether an informed decision could be made now.

Mayor McArthur commented that the decision could be deferred until the next City Council meeting.

Glen Bundy stated he felt the City was getting into the area of private enterprise and creating something that should be bid out rather than taking it on and creating a new business. He expressed opposition to the proposal.

Mattie Talbert, Director of the Southwest Center, advised she was speaking on behalf of her clients, many of whom use DARTS every day as their only mode of transportation. She stated the Southwest Center applies for many grants, and one of the conditions for award include the ability to provide public transportation. Without a public transit system, receiving many of these grants would not be possible.

Stephanie Boker of the Southwest Center advised that she works with chronically mentally ill people who have come straight from the State Hospital in Provo who rely on DARTS for transportation to treatment and jobs.

Council Member Gardner inquired if this same service could be provided by one or two specifically designated vans or buses.

Ms. Boker replied that they will take what they can get.

Council Member Orton advised that the mass transit system would just be a St. George City project, and would not service areas outside the City limits.


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Ms. Talbert advised that the Southwest Center now has vans going to the Hurricane and LaVerkin areas, but is facing budget cuts, and staff is out doing public transportation when it should be doing treatment instead.

Gary Beddingfield commented that he thought the fare free day was a good idea to acquaint everyone with the system, but he felt the statistics provided were not entirely accurate. He commented that the average daily ride figure of 200 could be accrued by 50 people. He stated he was not against DARTS or public transit, but he was against DARTS for St. George at this time. He expressed concern about the percentage of population who would benefit from the amount of money spent, and inquired if it was cost effective. Additionally, as a voter who voted for the quarter-cent sales tax, the innuendo then was that it was for road repair.

Mayor McArthur advised that the quarter-cent sales tax was for transportation needs which includes roads and transportation.

Mr. Beddingfield replied that if the voters were quizzed, the City Council would find they voted for road repairs.

Council Member Whatcott commented the DARTS system was not even in effect at the time the quarter-cent sales tax was voted on.

Terry Draper, representing the Chamber of Commerce, advised that the Chamber Board voted unanimously to support the City taking over the DARTS system, as the system supports business. She stated that now was the right time for the City to act, and she was aware at the time the quarter-cent sales tax was voted on that other communities would be using it for mass transit. She stated that St. George and Logan were similarly sized, and Logan's system is free to the public and an asset to the community. She stated that as Dixie College grows, a public transit system would alleviate traffic demands and improve air quality. She commented that if the City abandons the idea now, it will miss a critical window for funding.

Bradford Sayment commented that he was under the impression that the quarter-cent sales tax would be used for roads. He commented that if the City had $350,000 to put toward the system, it was obviously money the City did not need, and in that event taxes could be reduced. He stated he did not believe the figures presented were accurate, and that the total cost of the system divided by the ridership would give the true cost of the system. He stated he believed public transit was fine in large cities, but private industry in St. George could do it better.

Council Member Whatcott inquired how many buses were currently running, and he was informed that number was seven.

Paula Bell, President of the Sunshiners, advised that as a group the Sunshiners rode the bus and spoke with the riders, many of whom needed the service. She said she felt approving it now would save repetitive planning and meet the needs of the future.

Gary Carter advised that he has observed most buses running with very few people on them. With regard to pollution, the buses will create more pollution than cars. He stated he felt the figures presented on the number of rides per month was inaccurate. He stated that the City was not in any position to fund a bus system at this time.

Owen Bundy stated it was his understanding the quarter-cent sales tax was going to be used for roads, not buses, and the proposed system is six years premature. Additionally, when the City gets to the point where it needs buses, the private sector will take care of it. He stated he sees the buses go by time and time again with only one or two riders on board. He stated he felt the figures presented were incorrect.


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Council Member Whatcott inquired as to the time of the bus runs.

Mr. Bulloch replied they run from 6:30 a.m. to 6:00 p.m.

Bob Johnson stated that when he voted for the quarter-cent sales tax, he was not voting for a transit system. He stated he did not think approval of the system would be responsible at this time, as it would be based on emotions rather than good sense. He stated that in California, as the buses got larger, the continual pounding on the pavement damaged the road bed. He stated that if approved, special interest groups would be demanding free passes, and soon there would not be any income from the buses. He stated that as demographics in the community change, certain demographic groups will ride the bus and others will not, and this could become a safety hazard. He stated that based on 10,000 rides a month at a cost of $350,000 a year, the cost of one ride would be $2.91 per trip per person. He commented this was a golden opportunity to let the issue die, and that maybe in six to seven years from now the service would be needed.

Scott Hirschi, Washington County Economic Development Director, advised that six years ago the City Council established a strategic plan, with one of the goals being public transportation. This goal speaks to the importance of transportation as it relates to economic development and the level of service the community can provide to potential relocating or expanding businesses. He stated he was often asked by companies he is trying to recruit about the level of public transportation the community provides, and it is often seen as an asset. He commented he personally uses the DARTS system on a fairly regular basis, and even though it has a number of major problems, it can provide a significant service to the community by way of economic development, especially if routes could be created at proper times to serve major employment centers. The system needs significant redesign. He was impressed with comments about operation of the system by the private sector, and this needs to be looked at. However, whether public or private, a budget is still needed. With regard to statements about now is not the time to implement the system, he was not suggesting that now is the ideal time to support it, but if now is not the time, he was not sure there would be a better time.

Don Leavitt commented that St. George is in the process of shifting from a small community to a strong middle-sized community, and he hoped St. George would start now to put together the proper process to deal with mass transit. If the City waits and does not take the hard steps now, the system will not get any cheaper. He advised that while there are currently no air quality problems in St. George, one day there will be, and while he does not discount the difficulties, there should be ways to improve the system and make it work for the community.

Voin Campbell stated that he was initially opposed to mass transit, but concluded that having it is the lesser of two evils. He stated that an investment in mass transit in the long run will be in the economic interest of the City because of the way it addresses the consequence of not having one. He strongly recommended support of the system.

Laurie Puchlik Kocinski, St. George Chamber of Commerce, commented that she personally rode the DARTS buses and interviewed the riders, and the system does need to be improved. 17% of the population are older, and with improvements and rider education, the system can be made to work. She stated that if the City waits six more years to fund it, funding may be more difficult to obtain.

Voin Campbell commented that the streets in front of his house do not pay for themselves, and neither will transportation, but he is glad the streets are there. The Police and Fire Departments do not pay for themselves either, but he is glad they are there.



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Council Member Whatcott commented that while he did not disagree with the numbers provided, the numbers indicate there are six riders per hour.

Public Works Director Larry Bulloch advised that there are four routes, and two buses provide ADA services as required by law.

Mayor McArthur inquired if most public transit systems had door to door service.

Mr. Bulloch replied that they did not.

Council Member Isom commented she would have to be excused from the meeting, but she hoped the matter would be tabled as she wanted to take some time and study the matter. She was then excused from the meeting.

Mr. Bulloch replied he would provide the Mayor and Council with the studies. He advised the cost of the program could be reduced by $120,000 if the service frequency were reduced to one hour in the areas where there isn't a high demand. The routes could be changed and shortened and Saturday service reduced. This, however, will reduce ridership and revenues would go to $74,000 per year. Advertising provides $75,000, sales tax would contribute $162,000, and with a 50-50 match of federal funds, the total operating cost could be reduced to $623,000 per year. Cumulative funding would be $220,000 by the City and $443,000 from federal sources. He stated he felt this was a very tolerable budget.

There being no further public comment, Mayor McArthur closed the public hearing.

Mayor McArthur advised that normally two public hearings on the budget are held before adoption.

City Manager Gary Esplin commented that by law, the budget must be adopted by June 21.

Council Member Orton inquired if the budget could be adopted before the DARTS issue was resolved.

Mr. Esplin replied that it could be.

City Manager Gary Esplin advised that the City made a commitment to fund DARTS through June.

Council Member Orton commented that the last three months were supposed to be a learning process for the Council with regard to DARTS, and he was not sure he knew more now than then, and was only just made aware that the Council would be making this decision as part of the budget.

Mr. Bulloch replied he would get the entire report to the Council next week.

Council Member Whatcott commented that he would like included in the analysis the actual numbers and activity over the last six month, as projections told him nothing.

Mr. Bulloch replied that dollars and rides are not on a one to one ratio, and the budget projected dollars.

PUBLIC HEARING:
Public hearing to consider adoption of the 2002-2003 fiscal budget for the City of St. George.

City Manager Gary Esplin advised that the total budget included approximately $27,000,000 in the General Fund. Total funds for the City for the entire year are $140,000,000 - $150,000,000. No fee changes are proposed for any programs, although there is a recommendation for changes in some of the

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planning costs and fees. Impact fees will be discussed at the next regular City Council meeting, which might affect the budget. There is no increase in the tax rate. The property tax revenue is projected to increase 4-5% for new growth, with 2% for sales tax. It is proposed that 15 new volunteers and one full time firefighter be hired for the Fire Department, two officers in the Police Department, one employee in the Wastewater Collection Department, and two in the Power Department.

Mayor McArthur opened the public hearing.

Glen Bundy advised he witnessed ten City employees, five dump trucks, one grader, and one oil machine on Riverside Drive today to do a little 300-400' strip. He stated the City was not giving private contractors an opportunity to provide services.

Rene Cecala objected to allocated funding for the operation of the Animal Control Division and animal shelter. She advised she has interacted with and volunteered at the shelter over the last year, including adopting two animals. She requested funding for expansion of the facility, vet care, cat room bedding and special needs food for nursing cats. She distributed a hand-out containing a suggested action plan to the Mayor and Council. She requested the Mayor and Council take additional time to consider these issues and conduct research. She advised the shelter has not been expanded since it was built 13 years ago, and contains only 24 cat cages and 34 dog cages. She commented about shortages of food and cat sand, no washer or dryer for sanitary bedding, and the most urgent need appears to be in equipment, supplies and staffing. She suggested expert input to assess the department's performance and suggested implementation of community education programs.

City Manager Gary Esplin replied that the City has an active animal control program and meets with the Humane Society on a regular basis and has not received any complaints from them. The City does not have to buy food for the facility as it is donated, usually by Best Friends Animal Sanctuary. Further, there is not an overcrowding problem, and recently Sgt. Benson has been assigned to the facility to better organize and address any problems which come to his attention.

Ms. Cecala advised that the overcrowding problem comes and goes. She donated funds for expansion of the facility, and has yet to see any follow-up. There should be a separate facility for sick animals. The budget should provide for the adequate care of the animals, and any surplus could be used for future projects and expansion. Further, the shelter should not rely on donations to operate the shelter. She advised that many weak kittens need supplemental nutrition, and staff should be aware of when it is appropriate to get vet care. She suggested that funds be established to help with adoption fees and vet care.

There being no further public comment, Mayor McArthur closed the public hearing.

Council Member Whatcott left the stand.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 28, 2002, recommended that public hearings be scheduled for July 11, 2002 at 5:00 p.m. to consider: (1) A zone change from R-1-0 to C-3 on 1.42 acres for property located at 360 East Riverside Drive. Morley/McConkie, applicants. (2) A zone change from RE-20 to RE-12.5 on 40 acres located south of Little Valley Road at about 2800 South Street. Joseph Staska/Stephens Family Trust, applicants.

A motion was made by Council Member Orton and seconded by Council Member Allen to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

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Page Sixteen

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye

The motion carried.

PRELIMINARY PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 28, 2002, recommended approval of the preliminary plat for Stone Edge Subdivision located west of Skyline Estates on 2450 South Street. There are drainage issues that will need to be worked out during the improvement plans/construction drawings process. Due to the water pressure issue in the Little Valley area, this proposed project is in the area designated for permits only within recorded subdivisions. Darrill Larkin is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye

The motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 28, 2002, recommended approval of the final plat for Paradise Canyon Phase 4. Milo McCowan is the applicant.

Council Member Orton commented that he has received a number of calls on the equestrian trail in this area. Kent Perkins advised him that an equestrian trail is planned on the west side of the wash. He commented the City needed to make sure the trail goes all the way through.

Mr. Nichlson replied that horses can use the power line easement behind Sedona Hills, and from there the Bowler Ence Marsh road is graveled, and then there is a 25' dirt power easement to a paved path underneath the Snow Canyon Parkway. The area in the bottom the wash has not been fully cut out.

Mr. Sullivan advised that he met with Parks Staff and provided for a paved trail and a horse trail. Right now the whole wash can be ridden.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye

The motion carried.

Council Member Whatcott returned to the stand.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 28, 2002, recommended approval of the final plat for Anasazi Ridge at Entrada Phase 2. Reid Brinton is the applicant.



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June 6, 2002
Page Seventeen

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as followed:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 28, 2002, recommended approval of the final plat for Rim Rock Commercial Subdivision Amended. Craig Crandall is the applicant.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 28, 2002, recommended approval of the final plat for Las Palmas Condominiums II, Phase IV, subject to a legal agreement prepared by the City Attorney for the completion of a permanent second access. The agreement would include a period of time and funding for the road completion. Jeff Chapman/Ron Snow, applicants.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat subject to the recommendations of the Planning Commission and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

USE OF PARK:
Consider a request to use the Bloomington Park for a Scout day camp, including archery skills.


City Manager Gary Esplin explained a request has been received for use of the Bloomington Park by the Boy Scouts for a Scout day camp. The Parks Superintendent has concerns about allowing archery in a public park.

City Attorney Jonathan Wright advised that the City ordinance classifies a bow and arrow as a weapon.

John Allen produced the bow and arrow proposed for use, and advised that the archery event will be set up at the south ball field, with shooting done toward the river. Ten Scouts will be shooting at one time, with supervision by five leaders.

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June 6, 2002
Page Eighteen

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve use of the park, including archery. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

City Attorney Jonathan Wright advised that an indemnification would be needed.

PRESENTATION RE TRAFFIC CONCERNS:
Presentation from Mr. Beeching regarding traffic concerns in the Bloomington Hills area.

This item was stricken from the agenda at the request of the applicant.

REQUEST FOR BUILDING PERMIT:
Consider a request for approval of a building permit in the Little Valley/Washington Fields area. Kim and Marcie Andrus, applicants.

City Manager Gary Esplin explained that the applicants purchased this property after the decision was made by the City Council that due to concurrency, only lots of record could obtain a waiver to the City's sewer requirements. The applicants are requesting an exception to this policy based on the fact that the parcel of property is large (28) acres, and only one permit is requested. The applicants will sign a delay improvement agreement for sewer service.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve issuance of the building permit as requested. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

APPEAL OF BUSINESS LICENSE DENIAL:
Consider an appeal of a denial of a business license under the Home Occupation Ordinance for a gun repair business in a home at 1020 North 2075 East.

City Manager Gary Esplin explained that the Business License Officer denied issuance of the business license based on safety issues and the fact that the proposed business does not meet the intent of the Home Occupations Ordinance.

Nyle Littlefield, applicant, explained that the volume of business would be very small, similar to a home gun owner, and would be for gun repair only, no sales. There would be no more than five firearms brought in for repair at a time, nor more than five in his possession, excluding his own firearms, at any time. The guns would be disassembled and in his opinion would be safe, and would not be loaded. He advised that he could have operated his business without obtaining a license and purchase parts at gun shows, but he wanted to comply with the ordinance.

Mayor McArthur inquired what type of repairs would be performed.

Mr. Littlefield responded that he would be repairing small arms, not military arms, and repairs could include fixing a broken firing pin, cleaning of firearms,

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etc. The firearms would be tested upon their repair, but not at home, and he would not be stocking ammunition or reloading components for sale.

Council Member Allen inquired if the firearms would be secured until they were picked up.

Mr. Littlefield replied that the firearms would be kept within a locked gun cabinet inside a locked room.

In response to the question of how many firearms Mr. Littlefield owned, he responded that he owned approximately ten firearms.

City Attorney Jonathan Wright commented that the number of firearms was not important because a firearms repair business is not an approved use under the Home Occupation Ordinance. He then read the approved categories. He stated that a firearms repair business does not fit the nature of a home occupation, and is not in character with the neighborhood.

Council Member Whatcott suggested that firearm repair be added to the list of approved uses, along with a stipulation that no more than "x" amount of guns would be repaired at one time.

Council Member Orton inquired of Mr. Littlefield if he had professional schooling in gun repair or a license.

Mr. Littlefield replied that he took a correspondence course.

City Manager Gary Esplin advised that if the City Council was in favor of granting Mr. Littlefield's request, the ordinance would firs