City Council Minutes

Thursday, March 18,2004



ST. GEORGE CITY COUNCIL
REGULAR MEETING MINUTES
March 18, 2004
4:00 p.m.
St. George Council Chambers


PRESENT
Daniel McArthur, Mayor
Suzanne Allen, Council Member
Larry Gardner, Council Member
Rod Orton, Council Member
Bob Whatcott, Council Member
Gary Esplin, City Manager
Ron Read, Deputy City Attorney
Miriam Palma, Deputy City Recorder

CALL TO ORDER
Mayor McArthur called the meeting to order at 4:10 p.m. and welcomed those present. He noted that Council Member Sharon Isom is no longer with us, having passed away last week. He mourned the City?s loss of her valuable experience and expertise.

Mayor McArthur led the salute to the flag of the United States of America.

Following the pledge of allegiance, Mayor McArthur asked if the person assigned to open the meeting with prayer was present. Receiving no answer, he asked Robert Whatcott to say the invocation.

Moment of Silence - The Mayor repeated the City?s appreciation for the many years of service given by Council Member Isom and called for a moment of silence in her honor.

Scouts - Seeing several scouts in the audience, Mayor McArthur asked that they come to the microphone and introduce themselves. They were:
Chase Nector; Troop 469 of Las Vegas, 2nd class scout, working on his citizenship and Emergency Preparedness merit badges.
Eddie Kwan - Troop 556; working on Citizenship merit badges.
Alex Bower - Scout 1st class, working on Citizenship in the Community
Ben Esplin - Troop 404 - Communications merit badge.

Community Service Recognition - Mayor McArthur called Deborah Christopher to the podium to thank her for 14 years of service on the City Planning Commission. He noted that she is continuing her service to the region by being a member of the County Planning Commission.

Ms. Christopher thanked the Council Members for the opportunity to serve. She noted that she had been a part of many challenging decisions as St. George has grown from babyhood to adulthood. She talked about taking part in the creation of the first general plan and the subsequent revision. Ms. Christopher said St. George is her love and she is happy to serve. Ms. Christopher also thanked City staff for all they do to make life easier for the various Board and Commission Members.

Mayor McArthur and Council Members again thanked Ms. Christopher and presented her with a plaque.

Dixie United Way - Mayor McArthur noted that the City has received a plaque from the Dixie United Way for work on the St. George Mini Indy. The event was a great success and netted more than $80,000. He noted that Marc Mortensen had spearheaded the event for the City and thanked him for the great job he did.

Mr. Mortensen in turn thanked City staff and SkyWest for their work. He noted that most of the work was done ?off the clock? and that a great deal of time and energy had gone into the preparation and execution of the event. Gary Esplin also complimented Mr. Mortensen

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on his efforts and noted that he is the backbone of the event.

Support Staff - Mayor McArthur recognized Miriam Palma, Deputy City Recorder and Ron Read, Deputy City Attorney acting as support staff for this meeting.

CONSENT CALENDAR:
Consider approval of the financial statement for February 2004.
Gary Esplin presented the Financial Statement for February 2004. He said the City is in great shape financially. Council Member Gardner asked about an overrun in the Capital Improvement Fund. Mr. Esplin explained that what appeared as overruns were simply improper coding and some adjustments were made which will appear in the March statement.

Council Member Gardner asked about the RDA fund. Mr. Esplin indicated that staff is working with the County to get them to pay, but they have not done so yet.

Mayor McArthur called for a motion.

Council Member Gardner made a motion to accept the February 2004 Financial Statement as written. Council Member Allen seconded. The motion passed unanimously.

AWARDS OF PURCHASE:
Consider Award of Bid to Young Chevrolet for the Purchase of a One-Ton Four-Wheel Drive Truck - Energy Services Department.

Sue Swensen, Purchasing Agent, presented two bids for the purchase of a one-ton, four-wheel-drive truck for the Energy Services Department as follows:
Young Chevrolet (state contract) $27,337.10
Painter?s Sun Country $32,769.00

She recommended that the award of bid be to the low bidder, Young Chevrolet, in the amount of $27, 337.10.

Council Member Orton made a motion to purchase a one-ton, four-wheel-drive pickup from Young Chevrolet in the amount of $27,337.10. Council Member Whatcott seconded.

Council Member Gardner questioned why they waited nine months after it was budgeted to purchase the truck. Mr. Esplin thought it related to the uncertainty of reorganization of the Department. He reminded Council Members that fleet vehicles are recommended for replacement on the basis of a cost/benefit analysis done by Fleet Management.

Hearing no more questions, Mayor McArthur called for a vote on the motion. The motion passed unanimously.

Blake Memorial Park
Sue Swensen, Purchasing Agent, presented four bids to construct the Blake Memorial Park at 590 South 1360 West in the Pinebrook Subdivision as follows:

Arnell West $377,000
HG David $376,769
Cindy Taylor Trucking $399,850
TradeWest Const. $404,670

She recommended award of the bid to the low bidder, Arnell West, at $377, 000.

After a brief discussion, Mayor McArthur called for a motion.



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Council Member Whatcott made a motion to award a construction bid to Arnell West to construct a park on approximately 6 acres to include landscaping, irrigation, walkways, restroom facilities and associated utilities at 590 South 1360 West in the amount of $377,000. Council Member Gardner seconded and the motion passed unanimously.

Lynne Scott said the project was set to start April 5 and be complete in August.

4 x 4 Off Road Vehicle - Public Works Department
Sue Swensen, Purchasing Agent, presented four bids to purchase a 4 x 4 off-road vehicle for the Public Works Department as follows:

Painter?s Sun Country $26,952
Tony Divino Toyota $26,076
St. George Ford $27,901.63
Stephen Wade $32,203.38

She recommended awarding to the second bidder as they are a local vendor and the price was within 5% of the low bid. Ms. Swensen contacted Painter?s Sun Country and they agreed to meet the low bid.

Council Members expressed their agreement with awarding to local vendors when possible.

Council Member Allen made a motion to award the bid for a 4 x 4 off-road vehicle to Painter?s Sun Country in the amount of $26,076. Council Member Orton seconded and the motion passed unanimously.

Change Orders - Johnson Farm Dinosaur Track Enclosure
Sue Swensen, Purchasing Agent, asked that Council Members consider approval of two change orders for the Johnson Farm Dinosaur Track Enclosure as follows:

Change Order #2 - enlargement public restrooms - $428, 474
Change Order #3 - HVAC System modifications - $ 79,063
TOTAL $107, 537

Council Member Gardner asked if there is money in the budget for these Change Orders. Gary Esplin reminded them that $372,000 had been approved in the last budget opening in anticipation of the COs and road improvements.

Council Member Allen asked if the trail would be brought into the enclosure at this time. She was told that would not happen until later.

Hearing no further comments, Mayor McArthur called for a motion. Council Member Gardner made a motion to approve two change orders for upgrades to the public restrooms and air conditioning at the Johnson Farm Dinosaur Track Enclosure in the total amount of $107,537. Council Member Allen seconded and the motion passed unanimously.

Change Order - Red Hills Parkway
Sue Swensen, Purchasing Agent, asked that Council Members consider approval of a Change Order for the Washington County Conservancy District to construct three underpasses on the Red Hills Parkway as follows:

TOTAL $270,665.88
City Portion $237,665.88

This Change Order was approved by Gary Esplin as an urgency item on March 10, 2004. Council Members asked where the underpasses would be located.


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Aron Baker told them that the underpasses will be located as follows:
Pedestrian Underpass - Pioneer Park by the Sugar Loaf
Pedestrian/Equestrian - North of the old trail head
Pedestrian/Equestrian - On the last curve near SR-18.

Council Member Gardner made a motion to approve a Change Order in the amount of $237,665.88 to the Washington County Water Conservancy District to add the construction of three multi-modal underpasses on Red Hills Parkway. Council Member Allen seconded and the motion passed unanimously.

As it was not time for public hearings, Mayor McArthur chose to move to item 6A on the agenda to be followed by resolutions, if time permitted.

SPECIAL EVENT PERMIT
Open Air Concert - Mark Bradley asked that the Council consider approval of a special events permit for a free open-air concert to be held April 10, 2004 at the New Life Christian Center, 189 West Tabernacle.

Following a short discussion, Council Member Gardner made a motion which was seconded by Council Member Allen to approve the special events permit. The motion passed unanimously.

RESOLUTION
Sewer Revenue Refunding Bonds - Gary Esplin asked Council Members to consider approval of a resolution authorizing the issuance and sale of up to $10 million of Sewer Revenue Refunding Bonds, Series 2004A to take advantage of historically low interest rates and at the same time to consider approval of a resolution authorizing the issuance and sale of up to $31 million of Water Revenue Bonds, Series 2004A; for the expansion of the Quail Creek Water Treatment Facility.

Mr. Esplin joked that knowing when to get into and out of the bond market makes this type of transaction ?legalized gambling?. He thanked Jason Burningham for his assistance in making this a positive transaction for the City and asked him to address the Council and explain the procedure.

Mr. Burningham agreed that the City had hit market very well. He explained that the City had gotten into the bond market at the best time in the last forty years. He explained the details and ended by telling Council that this had put the City in very good shape with lower debt than expected. He asked George Crandall to address the Council as well.

Mr. Crandall called this transaction lucky in the sense that this was where preparation had met opportunity. He commended Mr. Esplin and staff for their well-planned approach which had allowed them to take advantage of opportunity when it came. He said the City has a AAA rating and thanked the Council for allowing their company to participate in this transaction.

Mr. Esplin announced that the Parks and Recreation General Obligation Refunding Bonds would need to be approved and signed at the next work meeting on March 25, 2004 and wanted to ensure that a quorum would be present. All members said they planned to attend. Mr. Esplin explained that it would be worth $200,000 in savings to get it done by March 31, 2004.

Mayor McArthur asked for a motion on the Sewer Revenue Re-Funding Bonds resolution.
Council Member Whatcott made a motion and Council Member Orton seconded that the Council approve a resolution for $10 million Sewer Revenue Re-funding Bonds, Series 2004A to realize a reduction in annual debt service payments.


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Mayor McArthur called for a roll call vote which was unanimous as follows:

Council Member Whatcott Aye
Council Member Orton Aye
Council Member Allen Aye
Council Member Gardner Aye

RESOLUTION
Water Revenue Bonds - Mayor McArthur called for a motion on the Water Revenue Bonds, Series 2004 A to finance the Quail Creek Water Treatment Facility expansion.

Council Member Whatcott made a motion, seconded by Council Member Allen, to approve issuance of Water bonds in the amount of $31,000,000 for the expansion of the Quail Creek Water Treatment Facility.

Mayor McArthur called for a roll call vote which was unanimous, as follows:

Council Member Gardner Aye
Council Member Allen Aye
Council Member Orton Aye
Council Member Whatcott Aye

ORDINANCE
Dias Subdivision - Mark Bradley asked that the Council consider approval of an ordinance vacating the Dias Subdivision, which includes a portion of 2580 East Street right-of-way near the intersection with 1450 South Street, Rob Dias, applicant. He also asked that if the vacation is approved, that the motion include approval of the final plat. He noted that the Planning Commission had recommended approval.

Mr. Bradley showed a map with the existing home on lot one and Mr. Dias? proposed home on lot two.

Hearing no discussion, Mayor McArthur called for a motion.

Council Member Whatcott made a motion to approve, by way of ordinance, vacation of the Dias Subdivision which includes a portion of 2580 East Street right-of-way near the intersection with 1450 South Street, Rob Dias, applicant, and authorize the Mayor to sign a new final plat. Council Member Gardner seconded and the motion passed unanimously by roll call vote as follows:

Council Member Gardner Aye
Council Member Allen Aye
Council Member Orton Aye
Council Member Whatcott Aye

ORDINANCE
Dinosaur Track Advisory Board - Gary Esplin asked the Council to consider approval of a five-member Dinosaur Track Site Advisory Board. He said all members would be recommended by the Mayor and approved by the Council with one member appointed who is also required to be a Board Member of the Foundation. No appointments would be made tonight.

Mayor McArthur said he would welcome recommendations from Council.

Council Member Allen made a motion to approve, by ordinance, the creation of a five-member Dinosaur Track Site Advisory Board. Council Member Gardner seconded and the motion passed unanimously by roll call vote as follows:


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Council Member Gardner Aye
Council Member Allen Aye
Council Member Orton Aye
Council Member Whatcott Aye

PUBLIC HEARINGS
Seeing the hour of 5:00 p.m. had been reached. Mayor McArthur asked Bob Nicholson to begin the Public Hearings.

Zone Change
Bob Nicholson asked that Council consider a zone change from A-1 to RE12.5 on 4.92 acres located at 2350 East and approximately 2200 South. Derrill Larkin, applicant.

Using exhibits on the board, Mr. Nicholson showed the property and if the masterplanned road alignment is completed across the property, it will not be possible to have one-acre lots. He said that the proposed lots would be12,500 sq. ft. or more. The Planning Commission recommended approval.

With that preface, Mayor McArthur declared the public hearing open and invited those who had come to speak to this issue to come to the podium and begin by stating their name for the record.

Mr. Pearce - Stated that he lives across the street from the proposed property. He said that it was originally zoned A-1 for people who want to keep animals. He felt that if the zoning did not remain as A-1, soon non-animal people would move in and complain that the animals should be moved. He reminded everyone that Council Member Isom had said we need a place for people with animals. He felt this would a move to push them out.

Ken Philips - Said he lives on the north side of the Bundy property. He felt this rezoning would change the complexion of neighborhood and once the change has begun, developers will want to change it more. He felt the present residents have a right to stay there and the developers should figure out how to get the acre lots.

Hearing no further requests to speak, Mayor McArthur closed the public hearing and asked for questions from staff.

Council Member requested that Darrell Larkin come to podium.

Mr. Larkin reiterated that the only reason for requesting the zone change on this property is that they were unable to complete the road and still keep the 1 acre lots. He said they had looked at several alternatives, but none were workable. He explained they tried to buy a portion of the Herb Bundy property for the road. Mr. Bundy did not want to the sell. The final option was to rezone to RE12.5, a zoning designation which does allow for one large animal.

Council Member Orton restated the City?s commitment to keeping this area agricultural, however, he noted that there will need to be some spot accommodations for situations such as this.

Council Member Gardner made a motion to approve, by ordinance, a zone change from A-1 to RE12.5 on 4.92 acres located at 2350 East and approximately 2200 South. Derrill Larkin, applicant. Council Member Orton seconded and the motion passed unanimously on a roll call vote as follows:

Council Member Whatcott Aye
Council Members Orton Aye
Council Member Allen Aye
Council Member Gardner Aye

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Council Members emphasized that they would not have voted for the motion if the road were not needed and if the new zoning did not allow for keeping animals on the property.

Amend PD Commercial Zone
Bob Nicholson asked that Council consider approval of a PD Commercial Zone Amendment for the property on the southwest corner of the intersection of Red Cliffs Drive and 2450 South East Street by adding movie theaters as a permitted use and also change
the zone on the four acre adjoining parcel to the west from R-1-10 to PD Commercial for a commercial center. Gilbert Jennings, applicant.

Mr. Nicholson showed a map of the area with approximate location of the theaters, shopping, restaurants. He said the Planning Commission had recommend approval subject to the following conditions:

1. The developer must build a deceleration lane on Red Cliffs Drive
2. Align 2450 East and 800 North streets
3. Provide landscape strips and a six-foot privacy wall along the south edge of the property.

Gilbert Jennings came to the podium to answer questions.

Mayor McArthur asked if the colors would blend with the Lutheran Church to the east and he felt the colors as shown were bright. He was assured the colors would blend into the area.

Mr. Jennings indicated that they have already made preparations to conform to the conditions set by the Planning Commission. A traffic study has been completed. The Planning Commission had wanted a deceleration lane from Mall Drive to 2450 East, but there are power poles 15 ft. off the property which make it difficult to accommodate the road. They have already aligned 800 North and provided for setback and parking to the rear of the property to create the requested privacy zone.

Hearing no further questions from the Council, Mayor McArthur declared the Public Hearing Open and asked all who had come to speak to this issue to come to the podium and state their name for the record.

Ken Sunwall - Lutheran Church - Mr. Sunwall said he has no issue with the zoning, but, rather, the traffic situation it will create. He said the traffic is bad enough now, but if one lane is dropped, it would make it even worse. He requested a center lane in front of the Church.

Duane Nyan, Principal, Lutheran School - said that when he came to teach here 12 years ago the traffic was moderate and could be controlled with extra signage. However, as the traffic increases, they are averaging 3-4 accidents a year in front of the school, even with increased police patrols. He emphasized that this is the type of information he is required to address for National Accreditation. He said except for the traffic they did not have anything against the zone change or development.

Mayor McArthur asked about access from behind the school. Mr. Nyan said they are trying to raise the money to buy a residential pad and build a rear access and another parking lot. The Mayor commended them on their foresight.

No Name Given - He said he lives behind where the movie theater will be placed. He has been using the dirt road across the property to enter his backyard. He would like to have a gate in the rear fence to enter his property as his lot is pie-shaped and there is insufficient access from the front yard.



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The Council discussed the request at length regarding ordinance and liability issues, but asked that he work with Mr. Jennings.

Penny Helley - lives in Sage Creek behind the proposed theaters. She wondered what kind of lighting would be in the back parking lot and what protection she would have from vandalism.

Jeremy Call - Read several pages of the St. George General Plan which seems to reveal that he felt this would be a strip mall, which is not allowed in the St. George General Plan. The Council disagreed and Bob Nicholson read characteristics of s strip mall, which were different from the plan of this project. When questioned, Mr. Call said he lives in Santa Clara.

Hearing no further comments, Mayor McArthur closed the public hearing and called for questions from the Council.

There were no questions, but Gilbert Jennings was asked to address the issues presented tonight. Mr. Jennings indicated they want to accommodate the neighbors as much as possible. He acknowledged that there would have to be lighting behind the building to deter crime, but he felt it could be done in such a manner that most of the light flows down and not across the fence. He said the six foot wall would likely be a little taller on the residents side because of the difference in elevation of the lots. He also reminded the neighbors that flood waters that sheet off the freeway and across the property now, will be captured and put in storm drains. Other benefits of the project are sidewalks on Red Cliffs Drive and 2450 East. He stated they intend to work with the neighbors. He also said that the City Engineering Department is reviewing the situation to see if Red Cliffs Drive can be widened to the north to accommodate deceleration lanes from light to light.

In response to Mayor McArthur?s request, Council Member Whatcott made a motion, seconded by Council Member Orton, to approve, by ordinance, a PD Commercial Zone Amendment for the property on the southwest corner of the intersection of Red Cliffs Drive and 2450 South East Street by adding movie theaters as a permitted use and also change the zoning on the four acre adjoining parcel to the west from R-1-10 to PD Commercial for a commercial center. Gilbert Jennings, applicant. With the stipulation that they conform to the conditions set by the Planning Commission and work with the neighbors to alleviate their concerns.

Mayor McArthur called for a roll call vote which passed unanimously as follows:

Council Member Gardner Aye
Council Member Allen Aye
Council Member Orton Aye
Council Member Whatcott Aye

Plat Amendment
Bob Nicholson asked that Council consider a request for an amended plat for 350 North/Industrial Commercial Condominiums to change the layout of the unconstructed units and add parking stalls to the westerly portion of the common area. Derrill Larkin, applicant.

Mr. Nicholson said the reason this has come to a public hearing is because the applicant did not have 100% consent of the property owners on the plat. They now have100% consent, but the Mayor felt he would like to address the issues anyway.

Mr. Nicholson stated that the main concerns of the neighbors had been constriction through the center area of the project and lack of parking. The concerns were alleviated by changing the units to rear-opening doors and adding parking spaces.


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Hearing no further questions, Mayor McArthur declared the Public Hearing open and invited anyone who wishes to speak to this issue to come to the podium and state their name for the record.

Hearing no comments, he declared the Public Hearing closed and called for final questions from the Council Members.

Hearing none, he called for a motion.

Council Member Gardner made a motion and Council Member Allen seconded, to approve, by ordinance, a request for an amended plat for 350 North/Industrial Commercial Condominiums to change the layout of the unconstructed units and add parking stalls to the westerly portion of the common area, Derrill Larkin, applicant, with the provisions that all property owners within the recorded plat consent in writing and that the applicant amends the CC&Rs as recommended by the Planning Commission.

Hearing no further comment, Mayor McArthur called for a roll call vote. The motion passed unanimously as follows:

Council Member Gardner Aye
Council Member Allen Aye
Council Member Orton Aye
Council Member Whatcott Aye

General Plan Land Use Map Amendment
Bob Nicholson asked that the Council consider amending the General Plan Land Use Map for property located at 1700 East Highland Drive from low density residential to commercial. Utah/Nevada Association of the Seventh Day Adventist Church, applicant.

Mr. Nicholson presented photos and exhibits showing the area from several vantage points. He said that the current general plan calls for low residential and that the request had been denied by the Planning Commission unless a specific use was identified. He further stated that there is some commercial there and he felt the request was not unreasonable because of the arterial road in front of the property.

Council Member Allen stated for the record that her husband has recently purchased the commercial property abutting this property and continuing to 1800 East.

Jim Raines, Bush and Gudgell, representative for the applicant, came to the podium and showed an artist?s rendering of the Auto Detail Shop proposed for the property. He said it would fit the southwest motif. He said he understands the concerns of residents, but felt this was a good use for the property and that it fits more fully with the current commercial zones and the fact that Highland Drive will be considerably widened. He said the detailing is mostly done inside the shop and while cars would be parked in the parking lot, it would not be like a mechanic shop, they would be there for specific appointments.

Council Member Allen stated that she had not been at the Planning Commission meeting where this item was discussed, but looking at the maps, it did not look as though there would be sufficient access for residential.

Hearing no further comments from Council, Mayor McArthur declared the Public Hearing open and invited anyone who wishes to speak to this issue to come to podium and state their name for the record.

Al Herman - He moved out of the neighborhood four months ago. He stated he has seen Middleton grow and change and feels that this is natural commercial property and a detail shop is a very lightweight commercial application. He passed around a photo of 1800 East and Highland Drive to show the proximity of this property and the golf course.

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Tom Thomas - His family has lived in Middleton for three generations. He stated that this General Land Use Map amendment has been presented twice before and denied both time. He wants Middleton to remain residential.

Claron Bradshaw - Owns the golf course and subdivision. He thought this application was to build a church and he does not feel a church building would fit in the area with the golf course. Council Members asked if there are plans to rebuild the golf course. Mr. Bradshaw said, ?yes?.

Ross Mickelson - Resident. He asked that the area be kept residential.

Greg Mickelson - Resident. He told Council Members that there are many children in the neighborhood who cross 1700 East to play at the park. Since 1700 East is the only access to the property, he felt it would increase the traffic considerably and put the children at greater risk.

Ronda Wiggington - She stated that she is the resident who owns the property with the billboard over the back yard. She walked through Middleton collecting signatures on a petition against the commercial designation. She stated that 150 residents had signed against the General Land Use Map amendment, two wanted it and several did not care one way or another.

Paul Bevin - Lives at 750 North 1800 East, four residential lots east of the proposed General Land Use Map amendment. He felt that Middleton should get the same consideration for preservation as the downtown area. He stated that over the past 10 years there have been several attempts to change the use. He said a sign had been erected on this property six months ago advertising its sale as C-3. Neighbors complained and it was removed.

Mr. Bevin presented a letter to Council Member Allen asking her to recuse herself because her husband owns the abutting property, which she did as a courtesy to Mr. Bevin.

He noted that the Planning Commission voted against the General Land Use Map amendment 5-0. He talked about other illegal business in the area and the fact that he is working with Brad Young to remove these businesses.

Kevin Wilkinson - He stated that Myrna Stout had not mentioned her ties to property in Middleton at the Planning Commission meeting. He said this property keeps coming back before the Planning Commission and Council to try and find a zone that will fit the property. He said PD Commercial seems the correct designation to him. He also stated that there are approximately 8,000 to10,000 lots coming on market this year and this is not either prime residential or prime commercial. He felt that PD Commercial would be its best use.

Hearing no further comment. Mayor McArthur declared the Public Hearing closed and called for questions and comments.

All agreed that it is a difficult piece of property to use. Council Member Gardner reiterated the City?s commitment to preserve neighborhoods, but agreed this is a tough decision. He wondered if visiting the site would help.

Council Member Whatcott said he is not opposed to revisiting the site, but with the redesign of Highland Drive, he felt any decision made tonight would be premature. However, he was bothered by the fact that someone is speculating on the land.

Hearing no further questions or comments, Mayor McArthur called for a motion.

Council Member Whatcott made a motion to deny the amendment to the General Plan Land Use Map for property located at 1700 East Highland Drive from low density residential to

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commercial. Utah/Nevada Association of the Seventh Day Adventist Church, applicant. The motion was seconded by Council Member Orton

It was decided to revisit the issue after the golf course is refurbished. Proposed amendments to the General Plan Land Use Map can be reheard every three months.

The motion passed unanimously on a roll call vote as follows:

Council Member Whatcott Aye
Council Member Orton Aye
Council Member Gardner Aye

At this point in the meeting Mayor McArthur called for a recess.

Amend St. George City Code, Section 10-8-5(D)(1) - Bob Nicholson asked that the Council consider an amendment to St. George City Code, Section 10-8-5(D)(1) regarding front yard setbacks in a PD residential zone. The amendment would be to approve a 20-foot front yard setback from a public street and increase the rear yard setback by five feet, while maintaining a 25 ft. minimum setback to the garage in a PD Zone. Rick Rosenberg, applicant.

Mr. Nicholson said the concern of the Engineering Department is the amount of extended cab vehicles which are 21 ft. long or longer. When parked in front of the garage, these vehicles extend over the public sidewalk and cause risk factors. He stated that Bloomington Hills and all R-6 residential zones currently have a 20 ft set back. It can work, but staff feels the need for the added buffer.

He also explained that in R-1-6 and RCC zones, the 20 ft. setback is measured from the right-of-way/property line so the setback is still approximately 5 ft. greater than on a private street where the 20 ft. setback is measured from the curb line. He further stated that approval of a 20 ft. setback would require an additional 5 ft. setback in the rear yard. Setback to the garage would remain at a minimum of 25 ft.

He told Council Members that the Planning Commission recommended approval.

Council Members asked if this request is driven by a specific project. Rick Rosenberg said he has two projects which could benefit from approval. He explained that most people in the real estate market today seem to want a larger backyard and less front yard.

Hearing no further comments, Mayor McArthur declared the Public Hearing open and invited anyone who wished to speak to this issue to come to the podium and state their name for the record.

No one came forward and the Mayor declared the Public Hearing closed.

Council Member Whatcott stated that the R-1-6 zone has a 20 ft. setback but the street is wider than in a PD. He questioned which is better, a smaller setback on a wider street or a larger setback on a smaller street. He felt it would be a good idea to review the various setbacks and standardize them for the benefit of the public and the inspectors.

A discussion ensued regarding different setbacks, sidewalks and street widths. Council Member Allen reminded other Council Members of neighborhoods they have seen in other cities which incorporate clustering, alleys and homes within 10 ft. or less of the street. She felt some of those avenues should be explored as well.

Carol Sapp - Said builders in the area have questioned the use of 20 ft. setbacks and wondered why that number was chosen. She felt this is an issue which should be market

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driven and she would welcome the opportunity to discuss it with staff and Council in a work meeting.

Jay Sandberg - Stated that staff feels this is a safety issue because of the trend to longer vehicles. He said PD zones had evolved from 5 ft. setbacks to 10 ft. and then 20ft. He felt these issues should be based on form and function as needs evolve. He was not opposed to larger setbacks in the rear yard.

Hearing no further discussion. Mayor McArthur called for a motion.

Council Member Whatcott made a motion, seconded by Council Member Orton, to allow the Planning Commission and City Council, by way of ordinance, to allow 20 ft. setbacks in the front yard while increasing the rear set back by 5 ft. and keeping the 25 ft. setback for the garage. The motion passed unanimously by a roll call vote as follows:

Council Member Gardner Aye
Council Member Allen Aye
Council Member Orton Aye
Council Member Whatcott Aye

Council Members Gardner and Whatcott felt this needed item further discussion at a later date.

STAFF REPORTS
Planning Commission Report
Mark Bradley asked that Public Hearings be set for the following items on April 18, 2004:

Final Plats
Knolls at Little Valley, Phase
Meadow Valley Estates, Phase I
Cove Creek Commercial Subdivision

Conditional Use Permits
Pre-School in a R-1-6 zone
Pre-School in a R-1-8 zone

Hillside Development Permit
3 Amigos Meat Market

Council Member Gardner made a motion to set Public Hearings on April 18, 2004 for the items mentioned above. Council Member Orton seconded and the motion passed unanimously.

FINAL PLAT
Mark Bradley asked that Council consider approval for a final plat for the Estates at Bloomington with 24 single family lots located at Los Padres Drive and Kolob Drive, Frank Lindhardt, applicant.

Mayor McArthur called for a motion.

Council Member Orton made a motion to approve the final plat for the Estates at Bloomington with 24 single family lots located at Los Padres Drive and Kolob Drive, Frank Lindhardt, applicant and authorize the Mayor to sign the plat. Council Member Gardner seconded and the motion passed unanimously.

CONDITIONAL USE PERMIT
Ray Snyder asked that Council consider a Conditional Use Permit for a detached garage

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with a height of 16 feet 6 inches located at 2570 East 2300 South Circle, Robin Vaughn, applicant.

Mr. Snyder indicated that in their packet was a site plan of this home which sits on a corner lot. The planned structure is 10 ft. from the primary structure and, as requested by staff, 4 ft. from the property line. He showed photos of the difference in topography with the other lots and elevations and floor plans. He told Council Members that the only issue before them today is the height issue. Staff recommend approvals.

Council Members asked if the neighbors had concerns? Mr. Snyder indicated he had received one telephone call from a woman who lives across the street. She was more concerned that it not be used as a second dwelling, than the height. Mr. Snyder indicated he had faxed her a map and had not heard from her again.

Hearing no further questions or comments Mayor McArthur called for a motion.

Council Member Orton made a motion to approve a Conditional Use Permit for a detached garage with a height of 16 feet 6 inches located at 2570 East 2300 South Circle, Robin Vaughn, applicant. Council Member Gardner seconded. The motion passed unanimously.

CONDITIONAL USE PERMIT - Ray Snyder asked Council Members to consider approval of a Conditional Use Permit to construct a five-story Hilton Garden Inn with a height up to 63 feet 8 inches to the roof peak and 55 feet to the roof midpoint, located on Convention Center Drive north of the Dixie Center. Ellsworth Paulsen Construction, applicant.

Council Members acknowledged that they had seen these plans before as the applicant worked their way through the process and had no further questions.

Mayor McArthur called for a motion.

Council Member Gardner made a motion, which was seconded by Council Member Whatcott, to approve a request for a Conditional Use Permit to construct a five-story Hilton Garden Inn with a height up to 63 feet 8 inches to the roof peak and 55 feet to the roof midpoint, located on Convention Center Drive north of the Dixie Center. Ellsworth Paulsen Construction, applicant. The motion passed unanimously.

Kevin Ence, project representative, approached Council and thanked them for the opportunity to build this project. He acknowledged they have been working on this project for over a year with the Army Corp of Engineers and the Hillside Review Committee, etc.
He said they hope to start construction in Spring 2004 and finish by Summer 2005. He said they have a bank, restaurant and several other businesses committed.

CONDITIONAL USE PERMIT - Ray Snyder asked that Council consider approval of a Conditional Use Permit to construct a four-story Marriott Courtyard Hotel up to 54 feet in height to the roof peak and approximately 48 feet to the roof midpoint, located at 170 South 1470 East, east of River Road. River Road Commercial, LLC, applicant.

Mr. Synder showed slides with views of the project site from differing viewpoints and comparable buildings. He said he felt the location is good and that a five-story Crystal Inn has been approved on the other side. He also felt the building would not block the view of the historical district.

Hearing no further questions or comments, Mayor McArthur called for a motion.

Council Member Orton made a motion to approve a request for a Conditional Use Permit to construct a four-story Marriott Courtyard Hotel up to 54 feet in height to the roof peak and approximately 48 feet to the roof midpoint, located at 170 South 1470 East, east of River

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Road. River Road Commercial, LLC, applicant. Council Member Allen seconded and the motion passed unanimously

Council welcomed Mr. Ball, CEO of Ball Ventures to the podium. He thanked the Council for the opportunity to build this project and promised it would be a wonderful addition to the community. He told them it would be connected to the Dixie Center by a walkway and house an upscale restaurant, lounge and 4000 sq. ft. of conference space as well as an outdoor pool and reception area. He thought construction could begin on April 15 and they would be open by Spring 2005.

STAFF REPORTS
Exemption from Conservation Rate - Phillip Peterson asked that Council consider approval of an application for exemption from the water conservation rates for commercial users if their winter and summer water use varies by 20% or less. He said there appears to be about 90 accounts that could fall into this category. He said it is doable for staff and for the computer system, if Council approves the program.

Having discussed this program extensively, Mayor McArthur called for a motion.

Council Member Gardner moved to approve a program whereby commercial users may apply for an exemption from the water conservation rates if their winter and summer water use varies by 20% or less.

Council Member Whatcott said he understands the fairness of the program and the need to encourage wise water use, but wondered what affect this would have on the Water Department?s budget if 90 accounts were to be exempted. Mr. Peterson replied that the conservation rate cash flow is not incorporated into the Water Department?s budget or Capital Improvement Plan and, therefore, would not have any adverse affect.

Council Member Whatcott asked why 20% was the number used. Mr. Peterson said that is the amount of reduction in water usage that the City hopes to promote, so that became the number to use.

With those explanations, Council Member Whatcott seconded the motion and it passed unanimously.

WATER SHARE TRADE
Gary Esplin asked that the Council consider a trade with Jack and Donna Adams of three Millcreek Water Company shares for three shares of Washington Field Canal Company water. He said these shares are roughly equivalent on a gallon per gallon basis. He said the City is are not currently using all its Millcreek water, while Washington Field water can be used at the St George and Southgate golf courses.

Hearing no further questions or comments, Mayor McArthur called for a motion.

Council Member Gardner made a motion to approve a water share trade of three shares in the Millcreek Water Company for three shares from the Washington Fields Canal Company to Jack and Donna Adams.

Council Member Allen seconded and the motion passed unanimously.

IMPROVEMENT AGREEMENT
Aron Baker asked that Council consider approval of an Improvement Agreement with Alan and Cassandra Bingham on River Road, in the amount of $25,0000 to facilitate the River Road, Phase II project. He noted that in some cases, giving up right-of-way for this project has caused hardship and this is one of them.

Hearing no further questions or comments, Mayor McArthur called for a motion.

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Council Member Whatcott made a motion to approve an Improvement Agreement with Alan and Cassandra Bingham in the amount of $25,000 to facilitate the River Road, Phase II project. Council Member Orton seconded and the motion passed unanimously.

IMPROVEMENT AGREEMENT
Aron Baker asked that Council Members consider approval of an Improvement Agreement for the River Road project with Grande Vista Cove.

He reminded Council Members that the City had previously entered into an agreement with SITLA to include their frontage improvement in the River Road, Phase II project in the amount of approximately $57,000 for the property. They subsequently sold the property and the buyers elected to perform the work themselves with their proposed subdivision. They had second thoughts and have now decided to have it included in the project. If approved, they will immediately place $56,000 in an escrow account for that purpose. Mr. Baker noted that the original agreement included a sewer line in River Road, which is still in the project and has been paid for by SITLA.

Hearing no further questions or comments, Mayor McArthur called for a motion.

Council Member Whatcott made a motion to approve an Improvement Agreement for the River Road project with Grande Vista Cove in the amount of $56,000. Council Member Orton seconded and the motion passed unanimously.

NON-COMMERCIAL AIRPORT LEASE
Dave Ulane asked that Council consider approval of a non-commercial airport lease with Jim Smith, who has bought the Flightnet USA hangar. He explained that a quorum was not present at the Airport Advisory Board, but those members present agreed that this lease could move forward to Council.

Hearing no further questions or comments, Mayor McArthur called for a motion.

Council Member Orton made a motion to approve a non-commercial airport lease with Jim Smith, who has bought the Flightnet USA hangar. Council Member Allen seconded and the motion passed unanimously.

IMPROVEMENT AGREEMENT
Jay Sandberg asked that Council consider approval of an Improvement Agreement for improvements along Snow Canyon Parkway and 1400 West. He explained that staff thought they had a dedication for 1400 West, but found that it was only a roadway easement. They approached the property owners to acquire a sliver of land for the right turn lane. The property owner agreed to pay $30,000 of the $38,000 in improvements in exchange for concessions from the City.

1. Provide curbing for driveway use.
2. Stub in an 8" water line and two sewer laterals under the roadway.
3. Upon completion of construction, grade off all brush and remove all debris from the property.

Hearing no further questions or comments, Mayor McArthur called for a motion.

Council Member Gardner made a motion to approve an Improvement Agreement with the property owners for improvements along 1400 West and Snow Canyon Parkway. Council Member Whatcott seconded and the motion passed unanimously.

ENGINEERING CONTRACT
Aron Baker asked Council Members to approve an Engineering Contract with Carter Burgess/AGEC to provide design services for the Riverside Drive Extension project in the amount of $198,201.

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Gary Esplin explained that this project is on a very aggressive schedule and if it is to be complete by December we need to start now. He said staff is concerned about meeting the schedule if other priorities are identified. He said the amount of the contract is in line with engineering costs.

Council Members agreed this is a very aggressive schedule, but they felt it needed to be done.

Hearing no further questions or comments, Mayor McArthur called for a motion.

Council Member Allen made a motion to approve an Engineering Contract with Carter Burgess/AGEC to provide design services for the Riverside Drive Extension project in the amount of $198,201. Council Member Whatcott seconded and the motion passed unanimously.

PARKING REQUIREMENTS
Bob Nicholson explained that staff and the Zion Factory Stores have a disagreement concerning interpretation of the parking requirements for large commercial centers with more than 500 parking spaces and have come to get a clarification from Council. He said the property owners would like to build a 40,000 sq. ft restaurant in the parking lot near Carl?s Jr. to house Starbucks Coffee and JJ Hunan. The way staff interprets the calculations, with this building, the total number of parking spaces needed would be 638. They currently have 565.

Russell Mitchell, Attorney, for the Zion Outlet Mall, explained that he felt the wording was arbitrary and misleading because it does not define a commercial center nor express exactly when the 500 parking stall requirement is met.

Renee Daniels, Property Manager, gave a background to outlet centers. She said once they were the newest and most exciting thing in retail. Now they are dying. She expressed an interest in maintaining the Zion Outlet Mall as a vital part of the community. To that end, she has been trying to lure other types of businesses to the center. She explained how she mixes different uses and peak time users to keep the parking lot from becoming overly crowded. She said she can also insist that employees park behind the stores to alleviate over crowding. She explained that Starbucks is very exacting and that this location fits them very well. She said that as she interpreted the ordinance, there is enough parking or she would never have entered into a contract with them. Ms. Daniels also emphasized that they plan on closing the south entrance on the Zion Mall side and eliminating left turns from the Promenade side.

Ron Read told Council Members that the applicant has two options based on City Code. First, take staff?s interpretation of the ordinance to the Board of adjustments for determination, or two, take the issue to the Planning Commission and then to City Council for a determination of the amount of parking required. The reason they are hearing this matter today is because of timing. Ms. Daniels has a potential tenant that could get out of their lease if they cannot pull a building permit, and neither the Board of Adjustment or the Planning Commission have meetings scheduled for timely consideration. The City Council can only determine intent of the provisions.

A lengthy discussion ensued in which the Mayor and Council Members talked about the intent and clarity of the language. They expressed their appreciation of her problem and assured her they knew she had dealt in good faith with the City and her potential clients, but because of the great amount of traffic in the area, did not feel that they could support more building without more parking. Council Members told Ms. Daniels that they support her decision to close the south entrance to the parking lot and eliminate left turns from the Promenade.



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Council Member Gardner made a motion to approve the intent of the ordinance as presented by the Zion Factory Outlet Mall and allow them to build a 40,000 sq. ft. restaurant to house Starbucks and JJ Hunan. Council Member Allen seconded and the motion died on a roll call vote as follows:

Council Member Gardner Aye
Council Member Allen Aye
Council Member Orton Nay
Council Member Whatcott Nay
Mayor Daniel McArthur Nay (tie breaker)

Ron Read asked if the Council wants him to review the ordinance and tighten up the language. He was directed to do so.

ORDINANCE
Sign Ordinance Amendment
Bob Nicholson asked that the Council consider an amendment to the sign ordinance for St. George Blvd.

Having discussed the ordinance at length in work meeting. Mayor McArthur called for a motion.

Council Member Allen made a motion to approve an amendment to the Sign Ordinance as submitted. Council Member Orton seconded and the motion passed unanimously on a roll call vote as follows:

Council Member Whatcott Aye
Council Member Orton Aye
Council Member Allen Aye
Council Member Gardner Aye

OTHER BUSINESS
Mayor McArthur invited Gary Herbert, Utah Gubernatorial Candidate, to the podium. Mayor McArthur made it clear that any gubernatorial candidate who visits a St. George City Council meeting will be allowed to address the Council.

Mr. Herbert said he is on a 29-county, 9-day tour of Utah. He has just been in Kanab and will finish in Provo on Saturday. He invited those present to a get together in Vernon Worthen Park on Friday for lunch. He said St. George is near and dear to his heart and he wants to hear the issues and explain his vision for Utah.

MINUTES
Mayor McArthur called for a review of the February 19, 2004, minutes.

Council Member Orton made a motion, seconded by Council Member Gardner to accept the February 19, 2004 City Council minutes as written. The motion passed unanimously.
After a review of the February 26, 2004 minutes, Council Member Orton made a motion, seconded by Council Member Allen to approve the February 26, 2004 City Council minutes as written. The motion passed unanimously.

ADJOURNMENT
Hearing no further business, Mayor McArthur called for a motion of adjournment. Council Member Whatcott made a motion, seconded by Council Member Orton to adjourn the meeting at 8:40 p.m. The motion passed unanimously.

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Miriam Palma, Deputy City Recorder