City Council Minutes

Thursday, November 7,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 7, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Sharon Isom
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Larry Gardner
City Manager Gary Esplin
Deputy City Attorney Ron Read
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur

OPENING:
Mayor Pro Tem Isom called the meeting to order and welcomed all in attendance. She excused Mayor McArthur who was in Japan as part of the St. George Marathon delegation and advised that Council Member Allen would be arriving late. The invocation was offered by Larry Bulloch and the pledge of allegiance was led by Sue Swensen.

Mayor Pro Tem Isom invited several Scouts in the audience to introduce themselves.

CONSENT CALENDAR:
Consider approval of the financial statement for September, 2002.

City Manager Gary Esplin commented that October was the best month the Dixie Center has had since its inception, and the rest of the year looks good. Staff feels positive about the direction the Dixie Center is now heading.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the consent calendar. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider a sole source purchase for the early warning flood system for the
City.

Purchasing Agent Sue Swensen explained this item is a sole source purchase for the early warning system which monitors flows and run-off of the Virgin and Santa Clara Rivers, Ft. Pearce Wash, etc. She recommended award of the bid to HydroLynx Systems in the amount of $29,983.25.

A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to HydroLynx Systems in the amount of $29,983.25. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider purchase of ammunition for the Police Department from the State bid.

Purchasing Agent Sue Swensen explained this is the City's annual purchase of ammunition for the Police Department. She recommended purchase through the State bid with Salt Lake Wholesale Sports in the amount of $26,076.70.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve purchase through Salt Lake Wholesale Sports in the amount of $26,076.70. Mayor Pro Tem Isom called for a vote, as follows:


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November 7, 2002
Page Two

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

The vote was unanimous and the motion carried.

Council Member Isom inquired if local vendors of ammunition were given a chance to bid.

Ms. Swensen replied that they have been given the opportunity to bid in the past, but could not come close to the prices through the State contract.

AWARD OF CONTRACT:
Consider award of contract for concrete for the Hillside Substation.

Purchasing Agent Sue Swensen presented two bids received:

Arnell West $41,900
SunRoc Corporation $84,335

She recommended award to the low bidder, Arnell West, in the amount of $41,900.

Acting Water and Power Director Phil Solomon advised that the new Hillside Substation is located at the intersection of Foremaster Drive and Mall Drive, and is a distribution substation.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the contract to Arnell West in the amount of $41,900. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for steel for the Hillside Substation.

Purchasing Agent Sue Swensen presented two bids received:

Arnell West $37,000
Brent Theobald Const. $31,395

She recommended award to the low bidder, Brent Theobald Construction, in the amount of $31,395.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Brent Theobald Construction in the amount of $31,395. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for materials for the Hillside Substation.

Purchasing Agent Sue Swensen presented two bids received:

Northern Power $40,300.86
CED dba Royal Utility $40,748.68

She recommended award to the low bidder, Northern Power, in the amount of $40,300.86.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to Northern Power in the amount of $41,300.86. Mayor Pro Tem Isom called for a vote, as follows:

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November 7, 2002
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Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

Acting Water and Power Director Phil Solomon advised that the total budget for the Hillside Substation project is $675,000, with a large portion of that amount for the transformer.

AWARD OF BID:
Consider award of bid for construction of the Dixie Drive bridge and road extension.

Purchasing Agent Sue Swensen presented five bids received:

Adams & Smith $3,587,775
Interstate Rock Products $3,082,811.50
Ralph L. Wadsworth $3,696,838.80
Gerber Construction $3,710,503.10
Weyher Construction $3,327,775

She recommended award to the low bidder, Interstate Rock Products, in the amount of $3,082,811.50.

Project Engineer Aron Baker advised that the project would take 250 calendar days, beginning at the time the notice to proceed was issued, probably in the middle of December. The completion date is August 1, 2003. The project will consist of a three lane wide bridge, 300' long, and will take Dixie Drive from the Maverick station at the corner of Indian Hills Drive and Hilton Drive straight over the river to holes 7 and 8 of the Southgate Golf Course and connect to Dixie Drive on the other side of the river at Tonaquint Park.

City Manager Gary Esplin explained the project includes connection of the two roads, a new intersection on Dixie Drive, preparation for the new trail, and a golf cart crossing. The project does involve street work, but the major cost is the bridge.

A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to Interstate Rock Products in the amount of $3,082,811.50. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Whatcott inquired if it would be prudent to build a five lane bridge rather than a three lane bridge.

City Manager Gary Esplin replied that the structure will be built to accommodate more lanes and the actual abutments are being sized to accommodate the future master planned road. The bridge was lengthened to 300' because of environmental concerns causing the cost to increase over the original estimates.

Public Works Director Larry Bulloch explained that the Corp of Engineers wanted the bridge to be 600' in length, and one of the reasons it has taken so long to get to this point was the intense negotiations to reduce the bridge to a reasonable length.

City Manager Gary Esplin commented that a study was also performed which shows the 300' length is appropriate.

RESOLUTION:
Consider adoption of a resolution of the City Council of St. George, Utah, appointing a Board of Equalization and Review for St. George Special Improvement District 99-1; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a notice of meeting of said Board of Equalization and Review; and related matters.



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City Manager Gary Esplin explained this Special Improvement District is for the Santa Clara outfall line which will serve the west side of town as well as Santa Clara and Ivins. Special Improvement District 99-3 is for the Little Valley area, and was created to install sewer lines and road improvements. Board of Equalizations hearings need to be set for both districts, and it is recommended that the hearings be set on the same dates.

After discussion, he recommended that the Board of Equalization hearing dates be moved back a week to December 10, 11, 12.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the resolution but set the Board of Equalization hearing dates for SID 99-1 on December 10, 11, and 12 from 5:00 to 6:00 p.m. Mayor Pro Tem Isom called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider adoption of a resolution of the City Council of St. George, Utah, appointing a Board of Equalization and Review for the St. George Special Improvement District 99-3; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a notice of meeting of said Board of Equalization and Review; and related matters.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the resolution but set the Board of Equalization hearing dates for December 10, 11 and 12 from 5:00 to 6:00 p.m. Mayor Pro Tem Isom called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - 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 October 22, 2002, recommended that public hearings be scheduled for December 5, 2002 at 5:00 p.m. to consider (1) approval of a request to amend the PD zone for Cotton Manor Townhomes located on the southwest corner of 2450 East and 350 North; and (2) an amendment to the General Plan Land Use Map to designate property located on the southeast corner of the intersection of Valley View Drive and Indian Hills Drive from medium density residential to high density residential and also consider approval of a zone change from R-1-10 to PD Residential on the property for a 12 unit townhome development.

A brief discussion ensued wherein several Council Members advised they would be out of town on December 5.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to set the public hearings for December 19 at 5:00 p.m. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 22, recommended approval of the amended preliminary plat for the Legacy PD Townhomes portion of the Legacy project with 85 units located at the northeast corner of Upper Sir Monte Drive and Windsor Drive. This is the only portion of the Legacy development which is zoned PD; the rest of the area is zoned R-3. The original preliminary plat was approved in 1996 with 97 units, showing a combination

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November 7, 2002
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of attached and detached townhome units. The amended plat would consist of 85 units, 16 of which are recorded in Phase 11 approved in 2000 as detached units. The overall layout is similar to the original preliminary plat with minor changes. Gail Maxwell is the agent.

City Manager Gary Esplin expressed concern about whose responsibility it was to improve Tonaquint Drive, even if the units did not front the road, as they were creating an impact and improvements have to be made at some point.

Associate Planner Mark Bradley replied there had not been any discussion about this matter.

Gail Maxwell, applicant, advised that all of the land owned by Mr. Traveller had been improved, but Gerry Brown owned the property from Sir Monte Drive to Legacy Drive.

City Manager Gary Esplin inquired if at some point there needed to be a traffic study because so many units were impacting the road. He inquired if staff had discussed when a road needed to be improved based on the number of adjacent developed units.
He stated that when the Legacy project received approval to begin developing the lots on the inside of the project, the City anticipated that as part of the overall project improvements would be made to Tonaquint Drive, but now the City has no control over this as the property was divided.

Mr. Maxwell explained that since this original approval Gerry Brown took over the property and has had it rezoned to a higher density. This property is completely out of the hands of Mr. Traveller, and the City cannot now ask him to improve the road.

City Manager Gary Esplin commented that a philosophical discussion was needed with regard to adoption of an ordinance prohibiting the construction of a project in the middle of the project area without improving the frontage of adjacent roads. He stated that the City's present ordinance is flawed if it allows a project with significant density without frontage on a major road to impact that road without making improvements to it in a timely manner. However, he was not suggesting that Mr. Traveller's project be held up.

Mr. Maxwell stated that Mr. Traveller had fulfilled his duty with regard to the project by upgrading the water lines throughout the entire area, as well as participating in the sewer line.

City Manager Gary Esplin clarified that there is a problem with the City's current ordinance if it allows further projects to be approved without any obligation to mitigate the impacts the projects create. He recommended that the preliminary plat be approved, but that staff conduct research to address this issue in the future.

Council Member Orton commented that Bloomington residents impact Tonaquint Drive as much as residents of the Legacy project do.

Assistant City Engineer Jay Sandberg suggested the City Council make sure that Upper Sir Monte Drive gets built on a pro rata basis along with the project, and not be built at the end of the project.

Council Member Gardner commented that build-out will control the road, as the applicant cannot sell lots unless the road is finished.

Mr. Sandberg explained that Phase One includes all of the area outside of Upper Sir Monte Drive, and Upper Sir Monte Drive would be the very last part of the build-out.

Council Member Gardner commented that if there were no lots there, there does not need to be a road to service them, and the problem will take care of itself.

Mr. Sandberg stated it made him uneasy to see a lot of homes built while major infrastructure gets put off.

City Manager Gary Esplin commented that if the project is built out, and the last phase of the project includes the frontage road, but there are no profits and no improvements, the City would have no assurance that the road will ever be built.

Mr. Maxwell commented that this preliminary plat has no access to Sir Monte Drive, and the final plat will have nothing to do with Sir Monte Drive. However, the next final plat will.


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Council Member Whatcott commented that approval will create the same dilemma the City now faces with Valley View Drive in the Shadow Mountain area; creation of an eyesore because nothing fronts the road and no improvements have been made.

Mr. Maxwell explained that eventually Sir Monte Drive was designed to come out at the Peachtree project, but it did not make sense to improve a road that does not go anywhere right now. When the next phase is improved, it will have access to Sir Monte Drive and therefore it will have to be developed.

Council Member Gardner inquired if the plat showed only the roads needed to access the lots, would there be enough road to service this phase.

Mr. Maxwell replied that there would be.

Council Member Gardner replied in that event the road would be put in by demand as development forces it.

Council Member Isom inquired of Mr. Maxwell the reason for showing the total area on
the plat.

Mr. Maxwell replied it was done at the request of the Planning Commission.

Associate Planner Mark Bradley stated that staff is willing to do more research to see if any discussion was had regarding build-out and improvements, and then work with the engineer to provide more information.

Council Member Gardner stated that the City asked the developer to provide more than what should be on the plat, and is now penalizing him because it wants the infrastructure up front. He stated this goes beyond what is required of others, and the road needed to service the units in this phase of the project should be sufficient.

Mr. Maxwell clarified that the final plat will contain 21-22 units, but the Planning Commission asked him to bring in a revised amended preliminary plat for the entire top of the hill. A final plat will have to be approved for each section of the project.

City Manager Gary Esplin stated staff's concern is how the entire projects fits together.

Mr. Maxwell stated it was not right to ask the developer to develop the entire road system when only a portion is coming in on the final plat.

City Manager Gary Esplin replied that the City was not suggesting that all improvements to Upper Sir Monte Drive be completed now, but if the developer is doing five phases, there should be some way to assure that when the developer gets to the third phase, the road is then put in without having to wait for the last phase. If the last phase is not done, then there is no road.

Mr. Maxwell stated he had no problem with that.

Mr. Esplin stated that currently the City had no policy to require that.

Council Member Orton commented that while improvement of Tonaquint Drive does not affect this particular preliminary plat, the City does need to come up with a plan to improve Tonaquint Drive. He then made a motion to approve the preliminary plat. The motion was seconded by Council Member Whatcott, who inquired of Mr. Maxwell what would happen if Gerry Brown is waiting for the road to be constructed and wants to develop, then who would put the road through Mr. Traveller's property.

Mr. Maxwell replied that there would be no difference with Mr. Brown doing that and wanting Mr. Traveller to finish Legacy Drive when he does not own the property. He stated he was not opposed to improving a certain portion of Sir Monte Drive with each plat approved.

City Manager Gary Esplin explained that when the City reviewed the Legacy project, the Legacy controlled the property and the entire project was approved with a density based on the developer of the Legacy having control of the road, and with the understanding that the Legacy would develop the units next to the road. There is now a problem in that Gerry Brown will not improve this road until he has to. City staff would like to see an amendment to the ordinance to make sure this does not happen again. This is just part of a huge City-wide problem.



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Page Seven

Mr. Maxwell stated he had no problem with meeting with engineering and working out a schedule for improvement.

Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVE FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 22, 2002, recommended approval of the final plats for (1) Stone Cliff Phase 6, (2) Stone Cliff Phase 8, and (3) Paragon Cove Townhomes at Stone Cliff Phase 2.

Council Member Allen arrived.

A motion to approve all three final plats and authorize the Mayor to sign them was made by Council Member Gardner and seconded by Council Member Orton. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 22, 2002, recommended approval of the final plat for Chaco Bench Phase 2 at Entrada.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an LDS chapel at 2200 East Riverside Drive. Dennis Patten, agent.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 22, 2002, recommended approval of a conditional use permit for an LDS chapel to be located at approximately 2200 E. Riverside Drive. Dennis Patten is the agent.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit. Mayor Pro Tem Isom 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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an LDS chapel on Foremaster Drive at approximately 1800 East. Dennis Patten, agent.


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Page Eight

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 22, 2002, recommended approval of a conditional use permit for an LDS chapel to be located at 1740 E. Foremaster Drive.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ZONING ORDINANCE:
Public hearing to consider approval of an amendment to the Zoning Ordinance, Section 6-5, regarding off-street parking requirements to address parking needs for telemarketing and call center operations.

Community Development Director Bob Nicholson explained that at present there are no special requirements for call center parking. Regular office building parking requirements are one space for every 250 sq. ft. of office space. Within the past year there have been several problems stemming from call center operations, and the City has received a number of complaints about call center employees using all available parking. City staff performed research, and Provo has an ordinance requiring one parking space per call center employee on the highest shift or for every 150 sq. ft. of floor area, whichever is greater. He proposed that the City adopt a similar ordinance.

City Manager Gary Esplin advised that this proposed requirement is met by the new call center building on Dixie Drive.

Council Member Gardner declared a conflict of interest as one of his buildings' tenants is a call center, but he would still participate.

Mayor Pro Tem opened the public hearing.

Community Development Director Bob Nicholson explained that only the portion of an office building used as a call center would come under the proposed requirements.

Clay Huntsman, representing Assail, Inc., explained that Assail, a call center, employs about 320 employees and is one of the largest employers in the County. He stated he hoped the ordinance did not single out telemarketing or call centers, as there were other businesses in the community which create the same kind of problem. He stated that an assumption must not be made that each employee is the driver of a vehicle, as some of Assail's employees car-pool, walk or ride bikes or skateboards to work. His client has made an effort to be a good neighbor, and prefers to resolve any problems without adoption of an ordinance. He stated that many businesses already under contract for leases hope that the ordinance will have a grandfather clause so that those who have already made an investment will not be disadvantaged by having to downsize to comply with an ordinance. He explained that Assail has one more year under contract at its current location, and is looking at moving to an area where there is more space for parking.

City Manager Gary Esplin stated that any change to the ordinance now would not affect existing businesses.

Council Member Orton inquired if leases could be renewed.

Deputy City Attorney Ron Read replied that if the business were still located in the same building, yes.

City Manager Gary Esplin explained that if the business moved to another location it would have to meet the requirements of the ordinance, the same as with any zoning issue. He stated that the proposed standard is the same used by other cities and is not unreasonable as drafted.

Council Member Gardner commented in his opinion it would be better to have a broader approach that requires tracking by business license and according to use rather than require a landlord to have parking based on a formula. He commented that the


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Page Nine

number of employees can change during the period of a lease and can be difficult to monitor, but the licensing process could provide some control.

City Manager Gary Esplin responded that business licensing is done only once a year, and leases are often longer than this. An employer could have as few as 50 or as many as 150 employees during a year's period.

Mayor Pro Tem Isom commented she felt the matter should be addressed up front, but that other uses also needed to be taken into consideration.

Council Member Allen commented that things are changing in the business world, and everything is at a premium, including parking.

Council Member Whatcott commented that call centers need more parking, and he did not see the issue as targeting call centers, but simply as a need for more parking.

City Manager Gary Esplin stated that if someone builds a building for use as a call center and this is shown on the plans, the project will have to conform to one parking space for each 100 sq. ft. of office space or one space for each employee. If there is already an existing building and they knock the walls out in order to lease to a call center, then the business licensing process will catch them.

Kathleen Gubler explained she is the owner of a retail store where a call center has moved in next door and the parking situation is ridiculous. The call center has at least 67 employees, and maybe more. She objected to having a grandfather clause in the ordinance.

Council Member Gardner responded that there is adequate parking at his building but there has been a lack of cooperation with the tenants. There is now in place an employment agreement that insists the employees abide by the parking agreement, and this situation will hopefully be solved.

City Manager Gary Esplin commented that the proposed ordinance could not be made retroactive.

Deputy City Attorney Ron Read confirmed this was correct, and explained that staff proposes to address this issue with a note on the plats indicating required parking based on use. Staff will also address the issue through business licensing and plan review, and will begin monitoring new development and deny permits if there is not enough parking.

Council Member Isom commented the issue also involved safety and fire issues.

Fire Chief Robert Stoker advised his department has been called out on numerous occasions with regard to call center parking and he found that cars were double and even triple parked. He stated he thought management had tried to address the situation, but it has been tough to access the parking lots to respond to car fires and medical calls, and sometimes they have not been able to get in at all. The police can write tickets all day for parking violations, but unless the cars are moved, the fire department cannot get into the parking lots. He stated this is something the fire department deals with all the time, and unless more parking is provided, the problem will not go away. The matter needs to be addressed through the business licensing process so that the area can be inspected, the same as is currently done for other types of businesses.

Council Member Gardner stated that one of the ways to address the concern is to be more aggressive but provide flexibility. A minimum parking requirement needs to be in place, and then perhaps as part of the business licensing process it could be controlled by a more specific statement that high density uses have to have adequate parking, and this could be done by determining the number of employees, etc.

City Manager Gary Esplin replied that in order to do this there would have to be standards in the ordinance, and this is why staff is proposing a requirement of one parking space for every 100 sq. ft. of office space, or the number of employees on the highest shift. Otherwise there is no teeth in the ordinance to enforce.

Council Member Gardner stated that language was needed without being specific to one particular business.

City Manager Gary Esplin inquired why there would be a problem being specific to one business.

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Community Development Director Bob Nicholson advised that the City's Parking Ordinance lists specific uses.

Fire Chief Robert Stoker advised that there used to be a problem with student housing parking, but the ordinance was amended to alleviate the problem. There is still a problem with care center parking, and all theses uses contribute to the parking problem at Assail.

City Manager Gary Esplin stated the proposed ordinance would solve the problem with call center parking, and no business license would be issued unless the business met the minimum parking requirements in the ordinance.

Deputy City Attorney Ron Read stated that the City Council also asked staff to look at care center parking requirements.

Jason Griffith, NAI Utah Commercial, stated that there are larger projects which lease to small call centers where there is adequate parking and no problems are created, and the passage of the ordinance would adversely affect some of these owners.

City Manager Gary Esplin replied he did not understand the concern. If a business does not come in as a call center and builds an office, there should not be any effect if that business meets the parking requirements.

Mr. Griffith replied that the question is the size of the call center in relation to the useable square footage of the total project. If the call center is only taking up 1-10% of the building's square footage, the impact is small. If it occupies 50% of the building, there is a problem.

Council Member Orton replied that staff has addressed this by calculating only the portion of the building used as a call center.

Community Development Director Bob Nicholson stated that Mr. Griffith is concerned that small call centers would be hit disproportionately. However, this is not true as the ordinance is geared on square footage, just the same as when a restaurant goes into a building, and as long as parking adjustments are made elsewhere. If an existing building wants to lease to a call center, this would be fine if there is adequate parking, and other uses will probably have to give up some parking. This is the idea of the ordinance - that one user is not disproportionately impacting other users.

City Manager Gary Esplin commented that if a project comes in with the minimum amount of parking for an office building, and then decides to lease to a call center and needs more parking, the issue will never be resolved if they are given flexibility. This is why this ordinance is proposed.

Deputy City Attorney Ron Read explained that commercial buildings are already limited with regard to parking. For example, the parking standard for a commercial building is one parking stall for every 250 sq. ft. of commercial space, and if there is warehouse space attached to the office space, the parking standard is one parking space for every 500 sq. ft. The commercial building cannot then put offices in the warehouse because the required parking standard would not be met.

Council Member Whatcott commented that if a building is already established and has the required parking stalls for that building, it cannot put a call center in the building as it will kick them over the limit.

Mr. Griffith commented that a 1,000-1,500 sq. ft. call center that does not have small cubicles and does not have a high density of employees and uses only a few extra parking stalls will not have a significant impact.

Council Member Orton commented that every call center wants to increase the number of its employees.

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

Council Member Gardner commented there was a need to associate more with the specific needs of businesses, and this gives the City a better handle, not less of a handle, both on the front end as well as the change of use. Identifying from a building perspective gives more of an opportunity for businesses to take care of their parking, but the challenge comes in calculating the number of employees since not all employees drive. He suggested there may be a problem with the proposed calculation.


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Deputy City Attorney Ron Read advised that the ordinance would have to be specific in order to enforce against future uses, and current leases will have to expire in order to be addressed.

Council Member Whatcott commented that while he agreed with the proposed change to the ordinance, the change will infringe on the many existing office buildings in St. George, as they will not be able to lease to a call center. The City faced this same issue with used car lots. The proposed ordinance will affect the business owners who own the buildings.

Council Member Allen stated that for conversation's sake, using Council Member Whatcott's building which has a parking lot which cannot be expanded, there may be a vacancy and while the numbers look good on paper, they create a parking problem. The existing buildings is where the City is experiencing the problems now. While the building owners need to fill their buildings, they should do so without adversely affecting tenants who are already there.

Council Member Orton commented that the City needs to protect those people who are currently leasing office space and do not want their parking affected. He stated he was in favor of the ordinance as drafted, and made a motion to approve it.

The motion died for lack of a second.

Council Member Whatcott asked Mr. Griffith to review the recommendations contained in his letter to the Council, which he did.

Mr. Griffith advised that limiting call centers to 20% of any building's square footage would solve the problem. This would prohibit the Dahle Plaza from leasing to call centers. This would also prohibit Council Member Gardner from leasing to his current call center tenant.

Council Member Gardner again declared a conflict of interest.

Council Member Whatcott made a motion to table the matter in order to study it further. The motion was seconded by Council Member Allen.

City Manager Gary Esplin suggested the public hearing be continued so that it did not have to be readvertised.

Deputy City Attorney Ron Read advised that the pending ordinance doctrine would be invoked.

Mr. Huntsman distributed a copy of letter sent by Assail, Inc. to the tenants in the area.

City Manager Gary Esplin commented that the Zoning Ordinance and parking requirements exist to address problems, and a business does not have the right to impose health and safety hazards on residents of the City. Emergency vehicle access is just one of the reasons City staff is trying to deal with this issue. If the proposed ordinance creates other problems, it can be amended. He reiterated that public safety should not be jeopardized because a landlord cannot rent out his space, and it is not fair to put the burden on legitimate businesses by taking all their parking. The City would be derelict in its duty if it did not address this issue.

Mayor Pro Tem Isom called for a roll call vote on the motion to continue this public hearing until November 21, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider public input and comments on potential projects which could receive assistance under the Community Development Block Grant program for 2003-2004.

City Manager Gary Esplin explained that public comment was desired for possible projects under the Community Development Block Grant program.


St. George City Council Minutes
November 7, 2002
Page Twelve

Council Member Gardner was excused from the meeting.

Community Development Director Bob Nicholson explained that the Five County Association of Governments receives one million dollars under the CDBG program, and until the City of St. George is designated an entitlement city, it will continue to apply to the Five County AOG for funds. The funds can be used for projects benefitting low and moderate income persons, and could include the Dixie Care and Share, affordable housing assistance, down payment assistance in targeted areas, low interest loans for housing rehab, or to make any public facility ADA compliant, or for any other project to assist the disabled.

Mayor Pro Tem Isom opened the public hearing.

Ralph Flannigan, Director of the Dixie Care and Share, requested assistance to add an extension to the food bank, for additional parking, and replacement of two modular units.

Doug Alder, a representative of the downtown restoration area, advised the area's main goal was to get families to move into the area, and he requested funds to help with down payments to purchase homes in the area.

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

City Manager Gary Esplin advised that the actual decision on allocation of the funds is made by the Five County AOG.

REQUEST FOR SIGN VARIANCE:
Consider a request for a variance from the Sign Ordinance for a diamond-shaped sign above the roof line at McArthur Jewelers at 41 North Main. Tom McArthur, applicant.

City Manager Gary Esplin explained that McArthur Jewelers has placed a diamond shaped sign on the roof of its building, not knowing this was a violation of the City's Sign Ordinance. The ordinance is specific in prohibiting roof-top signs. The applicant is requesting a variance. Staff is concerned that approval of this request would set a precedent for other roof-top signs.

Tom McArthur, applicant, explained that the diamond was formerly located on the awning of the store, but was removed as part of the downtown storefront renovation program. The diamond is no higher than the Dixie Theater roof line, and is an old established sign which represents the building. He apologized for placing the sign without first checking with the City. He advised that during his many travels to Europe, he noticed that many roof lines have statutes and symbols of the occupant's professions and this adds an element of uniqueness and character to the building. He stated he felt the diamond added the same elements to his building. The diamond has identified his company for approximately 20 years.

Council Member Orton commented that the City has invested thousands of dollars to try and beautify the downtown area and do what is best for the businesses located there.

Mr. McArthur commented that he was a team player and would remove the sign if asked to.

Council Member Orton inquired of Mr. McArthur if there were a way to relocate the sign below the roof line.

Mr. McArthur replied that he did not know if this could safely be done, but he would look into it.

Council Member Orton commented that while he did not have a problem with the sign on the roof, he was concerned about making rules and then allowing an exception to those rules for one person.

City Manager Gary Esplin advised that if there were a provision in the Sign Ordinance for an historic sign, Mr. McArthur could be given a special exemption. This would prohibit locating any new signs on roofs.

Council Member Isom commented she felt the sign could be approved based on its status as an existing landmark.


St. George City Council Minutes
November 7, 2002
Page Thirteen

Community Development Director Bob Nicholson advised that the City Council can make a finding based on the sign serving for 20 years as an icon, it could be clearly stated in the record that this is a unique situation and would not set a precedent for others.

City Manager Gary Esplin clarified that the City Council could also ask the applicant to look at alternative places to attach it to the building. The City Council could also grant the request based on specific guidelines which would have to be met by the next applicant. The approval could also be based on the fact that the sign is located within the Historic District and is an historic sign. He suggested the sign be allowed to remain in its present location until the applicant has time to see if the sign can be relocated and staff can research an ordinance amendment or drafting of specific language to allow the sign to remain without setting a precedent for someone else. He suggested the matter be tabled until the City Council meeting of November 21.

SPECIAL EVENT PERMIT:
Consider a request from the United Rock Crawling and Off-Road Challenge group for a special event permit to conduct a rock-crawling event in St. George on February 14-16, 2003.

City Manager Gary Esplin advised that the City Council approved a special event permit for a similar activity last year.

Mike Cook, representing the United Rock Crawling and Off-Road Challenge, requested permission to hold the event in February, 2003. Permission to use the property has been obtained from Gerry Brown and the State.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the special event permit.

City Manager Gary Esplin clarified that a special event permit will be required annually, and cannot be self-renewable.

Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

REQUEST FOR ROAD CLOSURE:
Consider a request from the Church of Jesus Christ of Latter-Day Saints for a road closure adjacent to the St. George Temple for their Christmas lighting ceremony on November 29.

City Manager Gary Esplin explained that this is a yearly community event and staff recommends approval.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the request. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AMENDMENT TO LEASE:
Consider a request from Dixie College for an amendment to their lease at the municipal airport.

City Manager Gary Esplin explained that the amendment would allow Dixie College to expand their uses at the site and give the City a better out when the new airport is on line. The City will have no obligation to move Dixie College's facility to the new airport.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the amendment. Mayor Pro Tem Isom called for a vote, as follows:



St. George City Council Minutes
November 7, 2002
Page Fourteen

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

The vote was unanimous and the motion carried.

ENGINEERING CONTRACT:
Consider approval of an engineering contract with Carter Burgess for Phase One improvements on Snow Canyon Parkway.

City Manager Gary Esplin explained that this contract is for design of Snow Canyon Parkway past the Paradise Canyon area on the north and past the wash to connect to 1400 West. A new street will be built as part of this project, and this contract is for the first phase. As developers improve their frontages, the City will improve its frontage to match.

Council Member Allen advised she received copies of letters from residents of the Entrada project about lighting on Snow Canyon Parkway. She inquired about the distance of light poles all along Snow Canyon Parkway.

Public Works Director Larry Bulloch advised that he did not know but would find out.

City Manager Gary Esplin stated that the placement of light poles would not affect this action.

Council Member Allen pointed out that there were four lights included in this project.

Council Member Orton advised it was his recollection that staff determined that all light poles along Snow Canyon Parkway would be placed every 300'.

Council Member Allen advised that since the time of the City Council's decision to require lighting every 300' along Snow Canyon Parkway, more information has come to light about Entrada's plans for pathway lighting, wall lighting, etc.

Council Member Whatcott advised that from looking at the plans, it appeared that street lighting extends every 300' all the way down Snow Canyon Parkway.

City Manager Gary Esplin clarified that this contract is for design services only, and the City Council will have the opportunity to review the actual plans at a later date. Further, this is an estimate of the costs, not a bid.

A motion to approve the amendment to the contract was made by Council Member Allen and seconded by Council Member Orton. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPOINTMENTS:
Appointments to various boards and commissions of the City.

Council Member Allen recommended appointment of Cindy Stratton to the Arts Commission.

A motion was made by Council Member Allen and seconded by Council Member Orton to appoint Cindy Stratton to the Arts Commission. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 17, 2002.


St. George City Council Minutes
November 7, 2002
Page Fifteen

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as amended. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss personnel and property sales issued was made by Council Member Whatcott and seconded by Council Member Orton. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
A motion to reconvene was made by Council Member Orton and seconded by Council Member Whatcott. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CITY OFFICE LANDSCAPING PROJECT:
Parks Superintendent Lynne Scott presented a drawing of the proposed landscaping plan for the City Office. A brief discussion took place about the proposed project, as well as the landscaping at the Bloomington roundabout.

City Manager Gary Esplin advised that staff would hold off on the landscaping concept for the City Office until the next City Council work meeting to be held November 14.

ADJOURN:
A motion to adjourn was made by Council Member Orton and seconded by Council Member Whatcott. Mayor Pro Tem Isom called for a vote, as follows:

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

The vote was unanimous and the motion carried. The meeting adjourned at 7:10 p.m.



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Gay Cragun, City Recorder