City Council

Thursday, July 8,2004
Minutes



ST. GEORGE CITY COUNCIL MINUTES
SPECIAL MEETING
JULY 8, 2004, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM

PRESENT:
Mayor Pro Tem Larry Gardner
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur

MOTION: A motion was made by Council Member Orton to appoint Larry Gardner as Mayor Pro Tem for the meeting.

SECOND: The motion was seconded by Council Member Allen.

VOTE: All voted aye, and the motion carried.

OPENING:
Mayor Pro Tem Gardner called the meeting to order. The invocation was offered by Pastor Bernie Larsen of the New Covenant Christian Church, and the pledge of allegiance was led by Council Member Whatcott.

CONSIDER APPROVAL OF THE LIGHTING PLAN FOR THE MENLOVE DEALERSHIP.
Assistant Planner, Ray Snyder, reviewed a letter received from Ted Maestas, a Lighting Specialist with Mountain States Lighting, attached hereto as Exhibit ?A?.

Kerry Johnson, KV Electric, stated he did not know how the recommendations contained in Mr. Maestas?s letter would reduce light trespass, as there will be very little past the property line because of the cut-off nature of the heads and the lamps are located up inside the fixture.

City Manager Gary Esplin recommended that the City Council approve the recommendations of Mr. Maestas. Lighting along roadways is another issue which will be discussed at a later time with the City Council.

Mr. Vincent, representing the Menlove dealership, expressed concern with the City?s request to reduce the lighting along the front row.

Kerry Johnson requested a copy of Mr. Maestas?s photometric plan, and stated he was afraid there would be dark spots between the poles. The Ford and Honda dealerships have brighter lights, and their poles are 30' apart. Poles at the Menlove dealership will be 60' apart.

Mr. Vincent stated that the number of poles along the front row had already been reduced from 14 to nine. If the City reduces the light candles along the front tow, then he would have to request more poles.

Marc Mortensen commented that Mr. Maestas felt the proposed lighting plan would not be suitable in high competition areas, but would be for the proposed location because it is up on a hill and has greater exposure. The lighting plan may not be as bright as the Honda or Ford dealerships, but the City does not want the lights at the Menlove dealership to be as bright.

Mr. Vincent commented that Stephen Wade would be building a dealership across the street and will have brighter lighting.

City Manager Gary Esplin commented that the trade-off is that Mr. Vincent?s property is located on a hill and Mr. Wade?s property is not.

St. George City Council Minutes
July 8, 2004
Page Two

Kerry Johnson commented that without seeing the photometric plan and the resulting impact, he did not know if some of the cars would be in darkness.

MOTION: A motion was made by Council Member Whatcott to approve the lighting plan with the stipulation that the plan could be adjusted a little up or down in order to obtain a comfort level.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

CONSIDER A REQUEST FOR REDUCTION OF ASSESSMENT FOR PROPERTY IN THE LITTLE VALLEY SID. TERESA PAYTON, APPLICANT.
Dallin Gardner, representing Teresa Payton, briefly reviewed the circumstances which led to the request. He stated he had just met with City staff and no longer disputes the assessment amount, but in his opinion the amount was higher than it should have been. Because of the location of James Payton home, the burden of a roadway had to be moved entirely on Ms. Payton?s five acre parcel.

City Manager Gary Esplin suggested that the City Council adjourn to an executive session to discuss the legal ramifications of any decision the City Council would make and its effect on pending litigation.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss pending litigation was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Allen - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

CONSIDER A REQUEST FOR REDUCTION OF ASSESSMENT FOR PROPERTY IN THE LITTLE VALLEY SID. TERESA PAYTON, APPLICANT. (CONTINUED)
MOTION: A motion was made by Council Member Orton to deny the request.

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

PRESENTATION FROM THE ST. GEORGE MUSICAL THEATER:
Council Member Bunker introduced Chuck Barton, Chairman of the Board, St. George Musical Theater.


St. George City Council Minutes
July 8, 2004
Page Three

Mr. Barton thanked the City Council for its support and advised that they are still in need of additional space, currently renovating the building, and inquired if the City had the ability to provide materials for improvements. Parking also needed to be approved so that the spaces can be striped. An executive director has been hired and the financial statements are in the process of being audited. Many improvements are being made, and grants applied for.
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City Manager Gary Esplin commented that while the City supported the program, the problem is timing with regard to what the property will ultimately be used for. Many things must be considered, including if the building is

structurally adequate, the cost of remodeling, the parking layout, etc. before the City can say if the Musical Theater can remain there forever.

Mr. Barton advised that the timing was right because of what has recently taken place in the downtown. A key issue is that people do not want to donate to the program because the St. George Musical Theater does not know where it will ultimately be located.

City Attorney Shawn Guzman advised that the building is owned by the City, and with regard to renovation, proper procedures must be followed. The City must also make a finding of whether free use of the building falls under the criteria for receiving money in kind. The City must follow the legalities of the entire process to make sure it is doing it correctly, the same as for all non-profits when a request is made of the City. He stated that any renovations must receive City approval and may have to go out to bid.

City Manager Gary Esplin commented that a final decision on use of the building is predicated on the public square, and hopefully that decision will be made by the end of the summer.

Mr. Barton commented that while the location was ideal, they would prefer to be located in a state-of-the art facility, and this facility should be a pivotal point of the downtown area.

Chapin Burkes commented that the St. George Musical Theater has accomplished much in the past two to three years, and must take small steps to get to the point where it can build its own building. The Musical Theater wants to be self-sufficient but it must raise a lot of money which will take a while to do.

City Attorney Shawn Guzman commented that his children were charged a fee to perform with the St. George Musical Theater. He stated that since the City was providing the space, the Musical Theater should have criteria for free participation for members of the community who could not afford to pay to have their children participate in the program. The City could then use this as a factor in deciding the benefit received in exchange for use of the building.

Mr. Barton replied that charging for participation was no longer being done.

City Manager Gary Esplin commented that a written lease was needed.

City Attorney Shawn Guzman advised that ownership of the building was transferred to the City last July, and the City is responsible for the building under its building and liability insurance.

Mr. Barton advised that the School District said the City did not have the right to restrict use of the building.

Mr. Guzman advised that he would clarify the matter with the School District?s attorney, but the City owns the building and has the right to use certain portions of the building under certain conditions.

St. George City Council Minutes
July 8, 2004
Page Four

City Manager Gary Esplin commented that the City has no problem with use of the building and the St. George Musical Theater is great for the community. The City needs to make sure that the improvements are done in such a manner as to not create liability for the City. He stated is would not be prudent to invest a great deal of money in the building until it was determined how long the Musical Theater could remain there. He commented that the City could help with landscaping of the building, as this would enhance the entire downtown.

Mr. Barton commented that the Musical Theater would like to use the shed in the back on the east side for storage. It is currently being used by the School District.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss property purchases and litigation was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Bunker.

VOTE; Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.



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Gay Cragun, City Recorder