City Council Minutes

Thursday, November 21,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 21, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He then introduced the new City Attorney, Shawn Guzman. The pledge of allegiance was led by Shawn Guzman and the invocation was offered by Larry Gardner.

Mayor McArthur invited several Scouts in the audience from Troops 1788, 415, and 1768 to introduce themselves.

AWARD OF BID:
Consider award of bid for the purchase of material for the Gunlock well project.

Purchasing Agent Sue Swensen presented two bids received:

Plumber's Supply $272,859
Scholzen Products $244,304.10

She recommended award to the low bidder, Scholzen Products, in the amount of $244,304.10.

A motion was made by Council Member Isom and seconded by Council Member Allen to award the bid to Scholzen Products in the amount of $244,304.10. 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.

City Manager Gary Esplin commented that the City is still waiting for the official approval of the environmental assessment for this project, and even though the City is awarding the bid, the bid will not be official until the document is received, hopefully by the end of the year.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order for Fire Station No. 7 in the Dixie Downs area.

Purchasing Agent Sue Swensen advised that the estimated cost of the project is now $964,875. The architectural fee is 6% of this amount or $27,892.

Council Member Whatcott commented that in his mind the $27,892 was inconsequential when the original thought was that the building was going to cost half a million dollars. He asked if the Council should be discussing the additional $465,000 rather than the $27,000.

City Manager Gary Esplin replied that the original figure of $500,000 was just an estimate based on other buildings and past contracts. Staff did not really have an idea of what would be designed at that point in time. This building has an added dispatch center and living quarters, and when it is bid out the actual cost will be known. At this point it is just an estimate.

Council Member Whatcott inquired if the reason the Council was considering it at this time was because the architectural fee will be paid before the building is actually built.



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November 21, 2002
Page Two

City Manager Gary Esplin replied that this was the case, and the City will be responsible for this cost whether or not the station is built.

Ms. Swensen advised that the project is not yet out to bid, as it is still in the design phase.

City Manager Gary Esplin advised that the plans have been completed and returned to the Fire Department so it is anticipated the bid will be let shortly.

Fire Chief Robert Stoker explained there will be a few minor corrections to the plans but the project will go out to bid within a few weeks.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the change order in the amount of $27,892. 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.

AWARD OF BID:
Consider award of bid for the purchase of a two wheel drive backhoe loader.

Purchasing Agent Sue Swensen presented four bids received:

Century Equipment $55,447
Wheeler Machinery $60,200
Scott Machinery $51,912
Pacific Utility $51,166

She advised that even though the low bid is from Pacific Utility, it is recommended that the bid be awarded to Scott Machinery in the amount of $51,912. Pacific Utility bid the Terex backhoe, and staff recommends purchase of the John Deere 410G backhoe. Staff also recommends that upgrades including upgrading the front tires, dual batteries, a light package, and windshield washing kit be included, for a total purchase price of $52,937.

Council Member Allen inquired if the John Deere backhoe would be new or used.

Ms. Swensen replied it is a brand new machine.

A motion was made by Council Member Allen and seconded by Council Member Orton to award the bid to Scott Machinery, with upgrades, in the total amount of $52,937. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider adoption of a resolution approving the Utah Association of Municipal Power Systems Integrated Resource Plan for the City of St. George.

City Manager Gary Esplin explained a public hearing on this issue was held a few weeks ago. This is basically a housekeeping item for the Colorado River Storage project and allocation of a portion of that power to the City and UAMPS. This resolution will allow the City to continue to use the CRSP power.

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



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November 21, 2002
Page Three

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

The vote was unanimous and the motion carried.

ABANDONMENT RESOLUTION:
Consider adoption of a resolution pertaining to the abandonment of an existing 33' sewer easement in the area of 2200 East north of Riverside Drive.

City Manager Gary Esplin explained that a few years ago the City obtained a sewer easement through a piece of property, but the easement is no longer necessary because the sewer line will be installed in the street. Wherever possible staff would like to keep the sewer lines in the street. Staff recommends that this easement be abandoned.

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

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 12, 2002, recommended that public hearings be scheduled for December 19, 2002 at 5:00 p.m. to consider (1) a zone change from Open Space to R-1-10 on 12.63 acres located in the southwest part of Bloomington in the Bloomington Lane Subdivision area between Paiute Road and 1550 West, and (2) an amendment to the parking ordinance for restaurants and prohibit parking of vehicles in the front yard setback except on an improved paved or concrete driveway.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 12, 2002 recommended approval of the preliminary plat for Slickrock Ridge Subdivision Phase 5 with 68 single family lots in an R-1-6 zone at 2450 East and Riverside Drive. This phase is east of the existing Slickrock Ridge phases and east of 2450 East. A 15 foot strip of land running along the easterly phase and the south boundary line along Riverside Drive is set aside for a future City trail. The lot sizes range from 6,014 sq. ft. to 16,829 sq. ft., with an average at 7,536 sq. ft. 51% of the lots are less than 7,000 sq. ft. Jeff Chapman is the applicant. The applicant will make improvements to his frontage along Riverside Drive.

Mayor McArthur inquired of Mr. Bradley if he knew when the rest of Riverside Drive frontage would be improved.

Mr. Bradley replied that he did not know.

Council Member Gardner inquired if the trail was designed to cross at the intersection to the south side and down to the river.

Mr. Bradley replied that it was. The trail will continue on to Slickrock Park.

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November 21, 2002
Page Four

Council Member Gardner inquired how the trail would connect to the trail along the river.

Mr. Bradley replied that as the trail develops it will connect to Riverside Drive.

City Manager Gary Esplin explained the plan is to take the trail to the park on the north side of Riverside Drive. There will probably have to be a crossing on Riverside Drive. The trail will connect where the diversion is on the Virgin River in the Sheldon Johnson
area.

A motion to approve the preliminary plat was made by Council Member Orton and seconded by Council Member Gardner.

Council Member Whatcott requested clarification about the applicant finishing his portion of Riverside Drive.

Associate Planner Mark Bradley explained the preliminary plat is shown as one phase. If the developer chooses to go with two phases, the City would want the area built adjacent to Riverside Drive first.

City Manager Gary Esplin advised that a new plat would be required if the property were split into two phases.

Associate Planner Mark Bradley advised that the developer will be doing improvements to 2450 East and Riverside Drive as part of this phase.

Mayor McArthur commented that the City Council would like to see Riverside Drive improved first.

Associate Planner Mark Bradley advised that if development is any different, it will be brought back to the Council.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 12, 2002, recommended approval of the final plats for Fox Borough Phase 3 and Coventry Lane Phase 2. There have been no changes since the preliminary plats.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a new two story activity building with a reduced side yard setback and an increase in the number of students to more than the present limit of 132 students at the Cinnamon Hills project. Jack Williams, applicant.

Associate Planner Mark Bradley advised that the applicant is seeking approval for a new two story activity building, a reduced side yard setback, and an increase in the base number of students from 120 to 132. An increase in the base number of students would allow a 10% increase up to 145 students. On February 21, 2002 the City Council approved an increase in the base number of students, up to a maximum of 132,

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November 21, 2002
Page Five

without having to request another conditional use permit. The proposed activity building will consist of a bowling alley and four activity rooms on the main level and four activity rooms on the second level. The building will be approximately 4,000 sq. ft. The zone is C-2 which allows the Planning Commission to reduce or eliminate the setback if they determine such setback is unnecessary. The Joint Utility Committee reviewed the request and has given their consent for the reduced setback with regard to utilities. Notices were sent to adjacent property owners. The Planning Commission recommends approval of the activity building, the reduced setback to be consistent with the adjacent buildings, and an increase in the base number of students from 120 to 132, for a total maximum number of students at 145.

Mayor McArthur commented he thought the City Council's position on the maximum number of students was made clear at the February 21, 2002 City Council meeting. Additionally, expansion has taken place due to the placement of a sign on the old Four Season's building, and this violates the conditional use permit previously approved. The City allowed Cinnamon Hills to move into the additional space as long it was used as a regular office building with office space available to rent to others, and with the condition that it not be identified as Cinnamon Hills.

Associate Planner Mark Bradley stated that the City Council did advise the applicant the new building could not be used for student housing and for offices only.

Mayor McArthur reviewed the contents of a letter from Community Development Director Bob Nicholson to Mr. Williams dated February 22, 2002. He commented that the word "maximum" had no meaning if every time this issue comes before the City Council the number increases. He commented he did not want St. George Blvd. to become a youth detention center.

Jack Williams, applicant, commented that with regard to the office building next door to Cinnamon Hills, it is normal for tenants of commercial buildings to put their names and insignias on the building. Cinnamon Hills does not and will not own this property. Cinnamon Hills is a non-profit corporation which he does not own. He stated that if this request is approved, this would be the last time he would come before the Council as it would bring the number of students to capacity and is the number he wanted last time when he addressed the Council and it was not approved. The last time he appeared before the Council, it was the first time the City Council set the number of students that he was permitted to have. He wanted to have the base number of students set last time at 132, but the Council was not comfortable with that. Cinnamon Hills is a good organization in the community which only benefits the community and does not bring any problems to the community. This can be verified by the Police Department. There are 195 full-time staff members, and Cinnamon Hills is a permanent member of the community.

Council Member Orton inquired of Mr. Williams how many students he presently had.

Mr. Williams replied that he had 132. There is a long waiting list.

Council Member Orton commented that last time Mr. Williams approached the Council, he was approved for 120 students but had 131 at the time. He inquired of Mr. Williams if he had ever been over the 132 permitted.

Mr. Williams replied that he is currently at 132, is licensed for 132, and that is the number he has today. He was asked at the Planning Commission meeting if he had more beds than that, and the answer is yes. If the Council approves this request, he only plans to add four students for a total of 136 at this time, but will be able to add more in the future.

Council Member Orton inquired if the new building would have to be used to house the four additional students.

Mr. Williams replied that he already had the beds. The new addition has nothing to do with expansion. If he went to the capacity of 145 students, then the new building would have an effect and space would be taken that is now housing other things and put into the new building. He requested a base of 132 students.

Council Member Orton commented that the minutes of the February 22 Council meeting indicate that the applicant would like 120 students so that he could legally have 132. He commented he did not read anywhere in the minutes where Mr. Williams requested a base of 132 students.



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November 21, 2002
Page Six

Mr. Williams replied that last time he came to the City Council it was his first time to ask the Council to set the number of students. Because of the excitement at the last meeting, it became impossible for him to seek approval for a base of 132, but that was the plan. What he said at the last meeting was that he had 131 students, and he had to have at least 120 approved, but he was actually seeking 132.

Mayor McArthur replied that it was never stated that way, instead it was stated that he needed 120 to get to 132.

Mr. Williams replied that was correct because he would have been in a major jam without approval for 120. However, he really wanted 132 last time.

Council Member Orton inquired of Mr. Williams if he occupied 100% of the office building he leases.

Mr. Williams replied that it is used for offices and parents who come for family week.

Council Member Orton inquired if any of those offices were ever available for outside rental.

Mr. Williams replied that they were in the beginning. However, he has stopped renting the offices and the building is leased exclusively to Cinnamon Hills. He stated he owns the building for one reason because it was the thought of the Council that if Cinnamon Hills owned it, this would represent program expansion. He had no choice but to purchase the building himself and lease it to Cinnamon Hills to be within the requirements of the City.

Mayor McArthur commented that it was represented that Cinnamon Hills was not going to expand beyond its present boundaries, but now there is a sign on the adjacent building indicating it is also Cinnamon Hills.

Mr. Williams replied the sign is for parents who visit.

Mayor McArthur commented that many citizens in the community say Cinnamon Hills has expanded contrary to the City Council's direction because of location of the sign on the adjacent building.

Mr. Williams explained that many commercial tenants display their signs and colors when they lease a building.

Mayor McArthur replied that Mr. Williams was told he could not do that. He inquired what would happen if Cinnamon Hills next leased the Maverick station.

Mr. Williams replied he was not going to purchase the Maverick station, and this was the final time he would appear before the Council if his request was approved.

Mayor McArthur stated that Mr. Williams was specifically told that the office building next door could not be a Cinnamon Hills property, so he then purchased it himself and leased it to Cinnamon Hills. He stated this appeared to be an expansion.

Council Member Whatcott stated in his mind it did not matter who owned the building, as what matters is who occupies the space.

City Attorney Shawn Guzman advised that the use would have to be looked at, and even if there were no students in the new building, but it is being used for support staff or for parents who visit, then in his opinion it is still the same use as the project next door.

Jack Williams explained that Cinnamon Hills has been renting offices in the community for seven years, and this office space was moved to the new building. There has been no program expansion unless the other space they have been renting for seven years represented program expansion. However, it was his understanding it did not. All he did was consolidate the office space he has been renting to one location close to the program to make it convenient.

City Attorney Shawn Guzman inquired if the office staff located in the new building was support staff for Cinnamon Hills.

Mr. Williams replied that they were.



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November 21, 2002
Page Seven

Community Development Director Bob Nicholson explained that when Mr. Williams inquired about office use several years ago, he indicated to him that the zone was C-3, and accountants and others could be located in the new building based on the zone. He stated he did not view this as expansion of students. With regard to signage, this issue did not come up as part of the hearing. Sign permits are based on square footage, location on the building, etc. The City's ordinances do not control the content of a sign, and an applicant is not asked what is going to appear on a sign.

Mayor McArthur advised this discussion had already been had between the former City Attorney and the applicant, and there is still a violation.

City Manager Gary Esplin advised that he remembered the discussion, and the intent was to bring satellite people into the facility, and the number of students would not change. He wanted to know, for the record, if there had been existing uses prior to the purchase of the new building which were moved from the original building to the new building, thereby allowing room for additional beds in the old building, which would then constitute an expansion of the original conditional use permit. He requested that Mr. Williams answer the question for the record.

Mr. Williams explained the reason he came before the City Council last time was two-fold. Licensing wanted a letter from the City stating the number of students Cinnamon Hills was approved for. The City had never approved a number of students for the facility, nor for any facility to his knowledge.

Mr. Esplin replied that this was not his question. His question was if any uses, staff or office space, existing at the old building before purchase of the new building, were moved from the old building to the new building thereby allowing an increase in the number of students accommodated at the original site.

Mr. Williams replied that before he came to the City Council to request a number, he was not required to have a number as the Council had not set one. A number never applied to his program and was never a factor. He has done nothing since that time to expand the program. Once the number was set, he followed the directions of the Council.

Mayor McArthur inquired of Mr. Williams if he moved staff, or anyone, to the new facility which freed up spots in which to put other students in the original facility.

Mr. Williams replied that when he moved staff off-campus to various offices, he used that space for more students. When he consolidated he already had the number, he was just consolidating the offices. The answer was "yes."

Council Member Gardner clarified that at that point, the answer would be "no."

Mr. Williams replied that he has explained it to the very best of his ability. He did not purchase the Four Seasons to expand the program, but to consolidate the offices.

Council Member Isom commented that if the Council were to vote today to increase the number of students, she would have to vote to take out the 10% increase.

Mayor McArthur replied that the City did not have this option as this provision is contained in the ordinance. He commented that the City Council set the number of students last time, and indicated that the office space next to Cinnamon Hills could be rented or leased, and the applicant indicated it would be leased to other people.

Mr. Williams replied that it was.

Mayor McArthur commented that it is not now, and now the new building has a sign advertising it as Cinnamon Hills. He stated he understood the consolidation but the sign makes it appear the facility has expanded. The City Council set the maximum number of students at 120, and then gave a 10% increase to 132.

Mr. Williams stated he believed the definition of expansion to be to increase the census one student.

Council Member Gardner commented it was his belief that the last time Mr. Williams appeared before the City Council he did not understand everything. He referred to the letter Mr. Williams wrote to the City dated January, 2002 wherein he stated that as part of the request he desired to increase the overall census from 132 students to 164 students.


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November 21, 2002
Page Eight

Mr. Williams replied he did not remember that.

Council Member Gardner inquired of Mr. Williams if that was his intent at this point.

Mr. Williams replied that it was not his intent. He wanted to have the base number set at 132 which would allow a maximum capacity in the years ahead of 145. He commented that if this request was approved he would not appear before the City Council at any time in the future for the purpose of increasing the census.

City Manager Gary Esplin explained there were two parts to Mr. Williams' request - the first being the increase in the student census and the second part being the conditional use for the new building.

Mayor McArthur commented that in his opinion the building was not a problem and the activity center was a great addition. He stated he would like to see removal of the sign on the new building as part of any motion.

Council Member Orton stated the City Council, at the last meeting, thought they had authorized 104 students, and it was a real surprise when they found there were 131 students at Cinnamon Hills. It was very plainly stated that the City approved 120 students in order to make Cinnamon Hills in compliance with the state. It was also indicated that no expansion to the number of students at Cinnamon Hills would be allowed. This is plainly stated in the minutes.

Mr. Williams stated he could not imagine why the City Council would not want to approve the request when Cinnamon Hills is a good organization in the community with a lot of staff who do a good job and bring no problems to the community. Cinnamon Hills has not misrepresented anything.

Council Member Allen advised that the Planning Commission approved the request based on a letter from Bob Nicholson which states the approval was given for 120 students, with a one time 10% increase to 132.

Mayor McArthur explained that Cinnamon Hills was approved for 104. The matter came to the City Council when the City found there were 131 students and the City had not set a maximum number which the ordinances indicates the City Council could do. 120 students were approved, and the 10% increase allowed the number to increase to 132, which accommodated the 131 students Mr. Williams already had, and also set a maximum. Now the applicant is requesting the base number to be set at 132, which would allow 145 students.

Mr. Williams stated that right now he planned to have 136 students.

Council Member Isom made a motion to deny the request based on the fact there was no room to put additional students, as Mr. Williams indicated.

Mr. Williams replied that he already had the space for four additional students.

Council Member Isom stated she did not understand how an additional 10% could then be allowed since he did not have room for more than 136 students.

Council Member Orton commented that Mr. Williams would then move different parts of his operation into the new rented facility which would allow more students in his original facility. This is the question the Council tried to get an answer to from Mr. Williams.

Council Member Isom commented that if Mr. Williams did so, he would be in violation.

Council Member Gardner questioned the City Council's justification for making the prior decision to move the number to 120, and expressed concern that Mr. Williams misunderstood some of the things discussed at the last City Council meeting. He stated it was because Mr. Williams did not hear all of the conversation. He stated he knew there was a lot of miscommunication between what the Mayor said and what Mr. Williams heard and responded to. He stated that Cinnamon Hills is a good business and has brought good employment to the community, as well as a good service to the community. However, sometimes it is a density issue that causes concern. He stated he did not know if 120 students was an arbitrary number, or if it was a calculated number with certain measurements to determine if in fact 121 was too many, or 119 was too few. He stated he did not know the method whereby the Council reached that decision. If Mr. Williams' real intent is to go to 164 students, he stated he was totally opposed to that. If Mr. Williams is requesting four more students now so that he can

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November 21, 2002
Page Nine

go to 145 later, he was totally against that. He made a motion to change the number of students allowed to 123, and that it be held to that, which would allow Mr. Williams to go to 136 students, but would not allow him to go to 145 students, or to 164, but it would allow him to use the space which he has available. The motion was seconded by Council Member Allen.

Mayor McArthur advised that Council Member Isom made a motion prior to this motion, but it died for lack of a second.

Council Member Isom advised that in following Robert's Rules of Order, the Council has to either have a second to a motion or have a motion die before more discussion can continue. She withdrew her motion.

Mayor McArthur called for a vote on the motion made by Council Member Gardner and seconded by Council Member Allen to allow an increase in the maximum number of students to 135.

City Manager Gary Esplin inquired if the motion included approval of the building.

Council Members Gardner and Allen replied that they had no problem with the building.

Mayor McArthur commented it would be included in the motion.

Council Member Gardner inquired if he needed to change his motion to increase the base number of students to 124 in order to make the number work mathematically for Mr. Williams.

City Manager Gary Esplin replied the number could be rounded up.

Council Member Gardner replied in that event he would leave the number at 123.

Mayor McArthur stated it appeared to him that the use has expanded because the name "Cinnamon Hills" is displayed on the new building. He inquired if the City Council wanted to address this issue.

Council Member Whatcott inquired of Mr. Williams if Cinnamon Hills was renting the entire space in the Four Seasons South building and how much square footage was involved.

Mr. Williams replied they were, but he did not know the square footage. There were 40 rooms.

Council Member Whatcott inquired how much space Cinnamon Hills rented throughout
the community prior to moving them all to the new building.

Mr. Williams replied there were eight offices.

Council Member Whatcott inquired if those eight offices were easily moved into the Four Seasons facility and if there was still additional space to rent.

Mr. Williams replied there was.

Council Member Whatcott clarified in that event, that was a "yes" answer to the question if Mr. Williams moved people from the first building to the second building.

Mr. Williams agreed.

Mayor McArthur inquired of the City Council if they wanted the sign removed for appearance purposes.

Council Member Whatcott commented that if Cinnamon Hills was taking up 100% of the space, he did not have a problem with the sign. Aside from the expansion issue, it should be noted so that it is never misunderstood that no youth are to be on the premises of the new building.

Mr. Williams replied that was not a problem.

Council Member Whatcott clarified that youth cannot be on the premises of the new building, whether to watch a movie or to visit parents, as that is an expansion and is incorrect and the intent of the conditional use permit would be violated.


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November 21, 2002
Page Ten

Council Member Allen commented she did not have a problem with the sign because most people do not know what Cinnamon Hills is, as it does not say "treatment center."

Mayor McArthur called for a vote, as follows:

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

The motion carried.

Mayor McArthur called for a five minute break.

PUBLIC HEARING/AMENDED ZONE/ORDINANCE:
Public hearing to consider approval of an amended PD Commercial Zone for 3D Commercial located north of the Flying J station on the northeast corner of the Brigham Road/I-15 Interchange. Doug Glendenning, applicant.

Community Development Director Bob Nicholson explained that the applicant is reducing the overall size of the project. He proposes to add about 50' to the east and delete an area on the hillside. He is deleting about 10 acres for a total project area of 21.1 acres. The Planning Commission recommended approval.

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 Isom and seconded by Council Member Orton to approve the amended PD Commercial zone by ordinance. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ZONING ORDINANCE:
Public hearing to consider approval of an amendment to Chapter 6 of the Zoning Ordinance, parking requirements for call centers/telemarketing businesses. (Continued from the November 7, 2002 City Council meeting)

Community Development Director Bob Nicholson explained that a modification to the ordinance presented at the last meeting has been drafted. The modification is to make an accommodation for smaller call centers which might want to lease an existing building. He then read the proposed amendment. He explained that the amendment is not fool-proof, and an option may be to delete any reference to a 20% limitation and perhaps just have a square footage limitation.

Council Member Orton commented that the proposed amendment would allow only ten parking stalls for a 2,500 sq. ft. building.

Council Member Whatcott commented that Assail advised they could put one employee every 100 sq. ft. or 25 employees in 2,500 sq. ft. They would then need 20-25 parking stalls, whereas the proposed amendment would require only ten parking stalls.


Mr. Nicholson commented that restaurants are a high-parking-demand use, and in those cases the City requires one parking space per 100 sq. ft. of floor area with no exceptions, and perhaps the same analogy can be used in this case.

Council Member Orton commented that the Bloomington call center had small cubicles, and they had more than one employee per 100 sq. ft.

Mr. Nicholson replied that staff has not been inside call centers. Jason Griffith from NAI suggests that the City exempt 15%, or perhaps 10% would be even better.


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November 21, 2002
Page Eleven

Council Member Orton inquired if the City was trying to accommodate the parking for the number of people that will be in the business on the largest shift, and if one parking stall was needed per employee.

Mr Nicholson replied that yes, in reality that is the demand - one space per employee.

Council Member Orton commented that if there is one parking stall per employee or less, they in essence will be parking in someone else's spot.

Council Member Gardner commented that this would be on the assumption that all employees drive. He stated that not all do.

Council Member Whatcott commented that all one has to do is look at parking at the college, as students have cars now and that is the reality. He stated that while it may not be exactly one to one, it is close.

Council Member Orton commented that the biggest problem in the grocery business was that every employee drove to work and filled the parking lot.

Mayor McArthur commented that on-site parking has never been addressed. He inquired if the parking was required to be close by.

Mr. Nicholson replied that the shared parking provisions of the ordinance require the parking to be within 250' of the premises. There are no specific proximity limitations, other than in the shared parking provisions, but staff will be happy to do more research, if desired.

Mayor McArthur opened the public hearing.

Clay Huntsman, representing Assail, advised he made a presentation to the City Council two weeks ago and also submitted a letter. He suggested the matter be tabled in order to have it considered by a committee as there are many issues still undecided.

Mayor McArthur commented the pending ordinance doctrine is in place until the Council takes action, within a reasonable time.

Mr. Nicholson advised the time period is six months.

Council Member Isom suggested that more time be taken to consider the matter.

Jason Griffith, representing NAI, reviewed recommendations he previously submitted to the City Council. He commented that after researching percentages and applying them to existing developments, and considered only the square footage the call center occupies, excluding corporate offices, data centers and other uses, 10% would be adequate. He commented that after looking at some of the existing office buildings and knowing what previous call centers have leased, their size and impact on those developments, that not all cars could be kept on site without totally precluding new businesses or existing call centers from moving and relocating because no existing office buildings meet the proposed parking ordinance, except for the Spiegel building. His intent is to allow flexibility for smaller, start-up businesses. The key is limiting them to a small percentage of the total square footage so that their impact is minimized. It is critical that the ordinance to specify office developments because Troon Park and Red Cliffs, for example, are comprised of a multitude of smaller buildings. He stated he did see any reason to form a committee to discuss the issue.

Council Member Orton commented he thought additional time was needed. If the total square footage of the Albertson's shopping center was taken, for example, and 10% was allowed to be used for telemarketing, the parking lot would be filled. Even in the Lin's shopping center, 10% is 50,000 sq. ft. and theoretically they could have a 5,000 call center.

Council Member Isom advised she would like staff to go inside the call centers, along with a fire department inspector.

City Manager Gary Esplin stated that at the last public hearing someone said that some businesses don't stuff the employees in as tight as other businesses, and maybe there could be a standard set that says if one employee has 200 sq. ft. instead of 100 sq. ft., then flexibility could be allowed. If they are all at 100 sq. ft., then there is a real problem, as even with 5,000 sq. ft. or 2,500 sq. ft., that is a lot of parking. He stated he did not have a problem with delaying the decision for a few weeks while staff researches the issue and takes a look at what is existing right now. The Fire

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November 21, 2002
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Department has inspected some of the businesses as far as occupancy loads, and there has not been a problem meeting fire codes.

Council Member Allen stated that telemarketing and call centers should not be singled out as the only businesses with parking problems, as some realtors and beauty salons stuff their employees in a small amount of space, and rather than singling out certain businesses, perhaps size could be identified.

Mr. Griffith advised that higher office density is a national office trend, but he was not aware of any uses tighter than call centers. He explained his goal is to try and find a balance so there is flexibility for the smaller businesses, but tougher restrictions on the larger businesses. He stated he was trying to look at the issue from the business standpoint, the commercial property owner's standpoint, and from the City's standpoint, and balance all the needs. 20% is too much, and what convinced him to lower his recommendation was the graph. Red Cliffs has leased upwards of 4,000-6,000 sq. ft. without a problem. The key is the percentage of the development's total square footage. The smaller the building, the less they can lease or occupy.

Mayor McArthur advised that the public hearing would be continued until the next meeting.

City Manager Gary Esplin stated he was suggesting that a committee not be formed, as input has been heard from the affected property owners and the call centers, and staff can let them have input on whatever they come up with research-wise. If staff is given until the first meeting in January, this should be ample time to come up with something.

Mayor McArthur advised that the public hearing would be continued until the first meeting in January.

PUBLIC HEARING:
Public hearing to consider a proposed conversion of a portion of the J. C. Snow Park from recreational use to other use.

City Manager Gary Esplin explained there has been discussions about changing the use of a portion of the J. C. Snow Park from recreational use and entering into a contract with the School District to put the area into some different uses.

Leisure Services Director Kent Perkins explained that the School District is interested in acquiring approximately 10 acres of the J. C. Snow Park. Because the land was purchased and developed in part through a land and water conservation fund, which is a federal program through the National Park Service, there are certain regulations which apply to be able to convert the land. There are many steps which must be taken, one of which is a public hearing prior to the City submitting a letter to the National Park Service through the State Parks and Recreation for the conversion to take place. The site does not include the pond, but does includes a little bit of land on the north end which is currently being used by the School District. In order for the conversion to take place, the City has to be able to convert another piece of property to an exact use. The School District will be required to provide land and a replication of the exact complex on another site. The site recommended is in Little Valley and consists of 17.2 acres. South of the site is a site for a new junior high and middle schools, and to the left is land which the City has acquired on which a soccer complex may be built. After review, staff has determined there are a number of issues which have to work perfectly to be able to access water, to get utilities to the site, and to share a pond, etc. Staff believes the major impact on this area right now, because it is agricultural, is the City would be able to get roads, power and water to the site. There would be lights on the fields. The only impact known of to the public at the J. C. Snow Park site is there will no longer be any lights initially on a majority of the site, traffic would be reduced significantly, with less dust, etc. Therefore, the impacts on the residents in this area would be minimal. The School District has indicated an interest in keeping one of the fields which means there would most likely be light on one field to accommodate the girls' softball program. Other uses would be primarily open space and beautification, and at some point in the future some of the land could be used as part of the Dixie High School campus. The federal government will take 60-90 days to give an approval.

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

Mr. Perkins read the requirements which state that the proposal must be subjected to specific public review, and public comment providing evidence of public support must

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accompany the proposal. He advised that the City Council should make some kind of motion in support of the proposal.

Council Member Gardner asked if the School District was sure it needed all of the area for open space if in fact all four fields are involved instead of just one. He stated that he supported the project as far as accommodating the new building and the other things they want to do there, but he expressed concern about the Little League program and going that far out and if it would work. The last time this was discussed he thought there was hesitation that the proposed site would not work for the Little League program.

Council Member Whatcott advised that the last conversation he had with the Little League people was that they were concerned, but at this point in time no one has given any alternatives, and he doubted whether any other property had even been looked at.

City Manager Gary Esplin advised that staff has looked at many different locations for additional ballfields with enough space to accommodate expansion of these facilities. He stated that if one looked within the boundaries of the Dixie Little League, he was not sure there was any property available, except along the Virgin River, that would accommodate a complex such as this. It is his understanding that Bloomington, Bloomington Hills and the old part of St. George constitutes the Dixie Little League boundaries. He commented that if the Little League knows of such a place, staff will be happy to talk with them. He stated that he indicated to the Little League that the City has not made a final decision, but the City must look at options in order to see if it is feasible to move forward. The intent is not to move the facility until there is another one up and running and operational and can be played on. The only reason the City is looking in Little Valley is that the ballfields would be a nice fit between the irrigation requirements of that site, as well as Little Valley is a growing area and the property is reasonable.

Mr. Perkins advised that modifications would have to made to fields in Bloomington at the park. The conversion cannot take place on land that is actually in public ownership at this time and dedicated to recreation. Even if the City wanted to rebuild the Bloomington fields, they would not qualify.

Council Member Isom was excused from the meeting.

Council Member Whatcott stated that sometimes it is forgotten that the community and individuals involved like to have communication and be involved. This location may be the only alternative, but perhaps the City Council and City need to do a better job in communicating to the public that they are welcome to provide input.

Mr. Perkins advised that he and his staff met with representatives of the Little League and indicated to them a variety of options and suggested to them that if they wanted to be a part of the solution, they could look at the few of the sites discussed. He felt that it was in the best interests of the community that the Little League have a groundswell of support and be a partner in making something happen. He expressed surprise that there was not a representative of the Little League present to speak to this issue. Staff cannot assume that the Little Legue's problem has been solved if the conversion is done, and other options must be looked at.

Council Member Whatcott commented that his conversation with the Little League took place prior to Mr. Perkins' meeting with them.

Council Member Gardner commented that if at this point just a show of support is needed, and there is flexibility, and as long as there is an acceptable facility to move to prior to the time of demolishing the present facility, he would make a motion to approve the conversion on that basis. The motion was seconded by Council Member Orton. 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.

PUBLIC HEARING:
Public hearing to solicit public comment regarding construction of a transit maintenance and operation facility.


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An environmental analysis was available for review and public comment. Public Works Director Larry Bulloch explained that the purpose of the hearing is to give the public an opportunity to comment on the proposal to use federal transit money to build a transit maintenance and operation facility at the Streets yard. It has been two and half months since the transit system was approved, and he wanted to provide an update on what has happened within that time. A task force was organized to help implement the system, with members representing different facets of the community, along with the advice of a marketing consultant, and they came up with some great ideas. The goal is to provide friendly, reliable and efficient service. He then displayed the new logo, color scheme and name of the system, "SunTran." The new color scheme of the buses will make them more identifiable to the public, and a new identify will be created for the bus stops by redesign of the bus stop signs. There will be a phone number to get information, etc. It is also proposed that passes be available to make it more convenient to use the system. An unlimited one day pass would be $2.50. A unlimited seven day pass would be $10, and an unlimited 30 day pass for $30. There has also been discussions with the College about a student semester pass for $100. Some colleges and universities even put this cost right into the tuition, and further discussions with the College will be had about doing this. Some people may not use the bus regularly, but for convenience there will be a ten ride pass that can be punched. There are a lot of ideas to accomplish convenience in use of the system. Routing has been changed to make it more efficient but also expanded to new areas. For example, service will be provided to the southern part of the City to the Doctor's Free Clinic, and the transfer station will be moved to the College at 100 South 1000 East because it is more centrally located and it is where more people are using the bus system. There will be three routes - one to the Green Valley area, one east to the Pine View area, and the other will serve the south and central area on a one hour frequency. A focal point has been developed at the transfer station which has been designed in the pioneer architectural style. This will be built in cooperation with the College as they have a desire to improve that corner. With regard to the expenditure of transit funds, office staff will need to be officed, and there is no time to build a stick-built building. It is proposed that a modular building be brought in and the fleet area expanded to put in a new hoist which can lift the buses. Hopefully today or tomorrow Governor Leavitt will issue his letter of designation making the City officially a transit agency which will clear the way for the flow of funds. Until this happens, the City cannot expend any funds.

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

Glen Bundy commented he felt the City was again stepping into private enterprise.

Council Member Gardner replied that this issue is something the City has looked at for a long time to improve the quality of life and decrease traffic, with the big debate being the cost, not the justification for the bus system. As far as justifying if a mass transit system is needed, there is a certain segment of society which cannot afford private transportation. He stated that for himself, there seems to be adequate support and justification for the bus system because of the quality of life issue it brings to the community. It also became an important service provided for the community, and demonstrates the City is progressive by having a transportation system in place.

Glen Bundy commented that the City is taking tax dollars to provide what private enterprise could provide.

Mayor McArthur commented he would like private enterprise to come forward and provide public transit.

Mr. Bundy advised that he has done a survey to find out how many were actually using the bus system, and he has only seen one to three persons riding the bus. He stated he would like to know the dollars spent for what the City is getting out of the system. He questioned whether the City was spending its dollars effectively.

Mayor McArthur advised that this debate has been had, and the City Council has elected to move ahead with public transit.

Doug Alder commented that St. George is similar in many ways to Logan, Utah, and
Logan has an extensive public transit system which is free to the riders.

Council Member Whatcott replied that Logan uses the sales tax which the City of St. George presently uses to put into its roads, and Logan uses it strictly to run their bus system.


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Page Fifteen

Council Member Gardner commented that if the big picture is examined, when compared with other things the City does to enhance transportation, what the City will spend on the bus system is not out of perspective. The system as run by Five Countiy AOG was far too expensive, but after further analysis and cutting the budget and realigning the route, the cost was brought down to a figure where the City Council felt it made sense dollar-wise to do. The debate today is not really on the system.

City Manager Gary Esplin explained the public hearing today was on the use of federal funds to construct buildings.

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

PUBLIC HEARING/RESOLUTION:
Consider adoption of a resolution amending the 2002-2003 fiscal budget.

City Manager Gary Esplin reviewed recommended changes to the budget, attached hereto as Exhibit "A."

Council Member Gardner expressed surprise that a school resource officer had been placed at Millcreek High School.

City Manager Gary Esplin advised that this began last budget year.

Council Member Gardner stated he felt Millcreek's format was so different that this would not be necessary.

City Manager Gary Esplin advised that Millcreek needed it more than the others.

Council Member Whatcott inquired when officers would be placed in the middle schools.

City Manager Gary Esplin replied they would be placed as soon as they were hired, and the City is advertising for the officers right now.

Council Member Whatcott inquired if the City had received confirmation from the School District that they would help with equipment expenses for the officers in the middle schools.

City Manager Gary Esplin replied that the City has been in contact with the School District but has not yet received an answer from them about their participation. The other alternative is that the City can use some existing equipment which would otherwise be used as back-up equipment.

Police Chief Marlon Stratton explained the cars are pro-rated over a five year period as typically that is the life of the car. The City will have to pay for the cost of the cars, but the plan is to go to all the communities which have officers in the schools and ask for their assistance in paying these costs. This year the pro-rated cost is $26,256. Lt. Riggs met with Jim Johnson today and asked the School District to pay 50% of that cost for the current year. Next year it will be presented to all the different city councils and ask for their participation to absorb the cost of the cars for the officers in the middle schools, and then continue thereafter. This is how it is done with the high schools.

Council Member Whatcott inquired if the City was premature in putting the officers in the middle schools until commitments to help were had from the other entities.

Chief Stratton replied that the City has a commitment from the School District as far as the salaries and benefits for the officers, but not yet for the cars.

City Manager Gary Esplin explained there was a risk the School District would not want to participate in the equipment costs. The City does not have a commitment from the rest of the communities to participate in the costs of the personnel because the City just barely received the grant. It is the City's understanding that the needs in the middle schools are extremely critical at this time, and it is the City's intent to get the program on board and then present the program to the other communities and hope to get their support for the cost of the personnel as well as the equipment. The worst case scenario is that the City would have to pay for the equipment if no one participated, and at least half of the salaries at the end of three years, as the City does have a commitment from the schools for half of the salaries after the grant runs out.

Council Member Orton inquired if all communities participated in the school resource officer program in the high schools.

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November 21, 2002
Page Sixteen

City Manager Gary Esplin replied that all participated.

Chief Stratton advised that the School District has agreed to pay 50% of the overall cost which is about $180,000. They are currently paying that amount for the high schools, and have committed to do that for the middle schools as well. The breakdown by enrollment is St. George has 67.42% of the students, Washington County has 5%, Santa Clara as 8.62%, Ivins has 5.34%, and Washington City has 13.63%. Something new in the mix next year will be the Lava Ridge Intermediate School. The City will be placing an officer in the Desert Hills Intermediate School in Bloomington Hills. Jim Johnson has asked whether or not the City will participate in the Lava Ridge program, and he has been told that the program is for St. George schools only. Lava Ridge is in Santa Clara.

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 and seconded by Council Member Orton to approve the recommended amendments to the fiscal budget by resolution. 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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a 21' high accessory building (garage) at 2825 Jolley Circle. Eric Evans, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 12, 2002, recommended approval of the conditional use permit with a stipulation on the accessory portion of the building (entertainment room) that it shall never be used as a temporary or permanent residence, and subject to the easement being abandoned prior to obtaining a building permit. The Joint Utility Commission has given their consent to abandonment of the easement, but the