City Council Minutes

Thursday, February 19,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 19, 2OO4, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Sharon Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He excused Council Member Isom who was in the hospital in serious condition, and expressed concern for her health. The pledge of allegiance was led by Shelbi Schonlaw and the invocation was offered by Rod Orton.

Mayor McArthur introduced Sheldon Johnson who discovered the dinosaur tracks located at Johnson farm. LaVerna Johnson introduced the Diamond Valley Celebration Show Choir under the direction of Janell Meacham, who then sang ?Dino Days in Dixie.? Mrs. Johnson explained the many activities in celebration of Dino Days.

Kelly Humphries, manager of the Sand Hollow Aquatic Center, introduced Adam Del Toro and other lifeguards at the SHAC, and advised that Adam recently saved the life of a three year old near-drowning victim.

Mayor McArthur invited Max Rose, Washington County School District Superintendent, to introduce himself.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

City Manager Gary Esplin advised that there was an addendum to the agenda.

CONSENT CALENDAR: Consider approval of the financial statement for January, 2004.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the financial statement as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF PURCHASE:
Consider award of purchase off the State contract for two Harley Davidson motorcycles for the Police Department.

Purchasing Agent Sue Swensen recommended purchase of two Harley Davidson motorcycles for the Police Department through the State contract with Harley Davidson Motorcycle of Salt Lake City in the total amount of $27,870. The City will trade in two motorcycles for a guarantee of at least $11,000 each, leaving a total replacement cost of approximately $5,000.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to purchase two motorcycles from Harley Davidson Motorcycle in the total amount of $27,870. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for Cooper station mounted VR-32 regulators for the Energy Services Department.

Purchasing Agent Sue Swensen recommended purchase of regulators for the Sunbrook substation from the sole source manufacturer?s representative, Western States Electric, in the amount of $41,562.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Western States Electric in the amount of $41,562. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for 69 kV SF6 circuit breakers for the Energy Services Department.



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February 19, 2004
Page Two

Purchasing Agent Sue Swensen recommended purchase of circuit breakers for the Sunbrook substation from the sole source manufacturer?s representative, Equal Electric, in the amount of $31,845.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to Equal Electric in the amount of $31,845. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for reclosures with cables, relays and switches for the Energy Services Department.

Purchasing Agent Sue Swensen recommended purchase of the cables, relays and switches for the Sunbrook substation from the sole source manufacturer?s representative, Codale Electric, in the amount of $54,010.40.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Codale Electric in the amount of $54,010.40. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for construction of the Sunbrook substation.

Purchasing Agent Sue Swensen presented the bids for the subgrade and concrete portion of the Sunbrook substation construction as follows:

Arnell-West $64,450
R. A. Waffensmith $173,123

She recommended award of the bid to the low bidder, Arnell-West, in the amount of $64,450.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Arnell-West, in the amount of $64,450. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a regenerative air sweeper for the Airport.

Purchasing Agent Sue Swensen presented the following bids:

Intermountain Sweeper (Tymco 600) $129,974
Pacific Utility (Johnston 770) $131,000
A. G. Trucking (Elgin Sweeper) $116,169
Maric Sales (Schwartz sweeper) $125,430

She recommended award of the bid to Pacific Utility in the amount of $131,000 because it had the best warranty.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Pacific Utility in the amount of $131,000. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a 4 x 4 crew cab truck for the Police Department.

Purchasing Agent Sue Swensen presented the following bids:

Young Chevrolet $33,049
Butterfield Ford $32,724

She recommended award of the bid through the State contract with Butterfield Ford in the amount of $32,724.

City Manager Gary Esplin explained that the truck will be purchased with federal grant funds and will be used by the bomb squad to respond throughout Southern Utah.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to Butterfield Ford in the amount of $32,724. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a hydraulic excavator (trackhoe) for the Water Services Department.


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February 19, 2004
Page Three

Purchasing Agent Sue Swensen presented the following bids:

Wheeler Machinery $105,000
Rasmussen $102,525
Rasmussen (alt. bid) $91,208
Century Equipment $97,984
Scott Machinery $99,949

She recommended award of the bid to Rasmussen for a Kobelco excavator in the amount of $102,525. The bids from Century and Scott did not meet the specs.

Water Services Director Barry Barnum explained that the City currently has a small trackhoe. A trackhoe is twice as productive as a backhoe yet costs less than twice as much as a backhoe.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to Rasmussen in the amount of $102,525. Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the sale and issuance of up to $10 million principal amount of sewer revenue refunding bonds of the City; fixing certain maximum terms for the bonds; and providing for related matters.

City Manager Gary Esplin explained that the City has an opportunity to refund its bonds because of existing interest rates.

Jason Burningham explained that the parameters resolution is the official intent to move forward with the transaction. A savings is anticipated in the interest rate compared with the prior bond issue. The existing bonds subject to call with a maturity date of 2008-2017 will be refunded through a new ten year issue at about 3.4%. This results in a $310,000 net savings to the City with an annual benefit of $75,000. Current bonds maturing now through 2007 would not be called and would remain outstanding.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the sale and issuance of up to $31 million principal amount of water revenue bonds of the City for capital purposes; fixing certain maximum terms for the bonds; and providing for related matters.

Jason Burningham explained that all costs of issuance are a cost savings for the participants. The Board of Water Resources has agreed to provide grants to participants for the portion of bond insurance to buy down the interest rate to the rated transaction. The life of 20 years on the $30,000,000 bonds is equivalent to $2.7 million in savings to the City. The Utah Water Finance Agency already issued $500,000,000 in the market place, recognizing the benefit to local communities due to the issuance size and economies of scale. The parameters resolution suggests that the issue is not to exceed $31,000,000, with a 25 year repayment not to exceed 6%. The market is anticipated to be about 4%. The parameters resolution will authorize the City to publish its notice of intent to issue the bonds, and the matter will come back to the City on March 18 to set the final terms.

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

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

The vote was unanimous and the motion carried.



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February 19, 2004
Page Four

RESOLUTION:
Consider approval of a resolution removing the temporary zoning regulation on the west side of Foremaster Ridge.

City Manager Gary Esplin explained that as a result of a field trip taken to the subject site, it is the City Council?s decision that the Master Plan accurately reflects what is wanted in the area, and it is suggested that the temporary zoning regulation be removed.

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

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

The motion carried.

Council Member Whatcott commented he felt the zoning issue had not been resolved. It was explained to him that the temporary zoning regulation on the east side of Foremaster Ridge was still in place, and the zoning on the west side of Foremaster Ridge had been resolved.

Council Member Whatcott commented that he had been confused about the location of the property in question, and he then changed his vote to aye. The vote was unanimous.

REQUEST FOR FINANCIAL ASSISTANCE:
Consider a request from the Dixie State College Student Association for financial assistance to improve lighting of the ?D?.

Jake Denning, Dixie State College Student Body President, distributed packets and explained the history of the ?D?. He proposed that more lights be added. The lights will be energy efficient. He explained that the total cost of the project is estimated to be $15,000 with another $6,000 for cement, and asked for financial help from the City. The City currently pays to light the ?D? and would continue to do so.

Power Superintendent Dennis Jorgensen advised that the new lights will be spaced every 5' and are very efficient 22 watt flourescent bulbs. The cost to light the ?D? should remain about the same. The site has been maintained by the College.

Council Member Allen suggested that Mr. Denning involve Dixie alumni to help with the project.

Council Member Gardner suggested that Mr. Denning involve the student body in fund-raising for the project.

A motion was made by Council Member Orton to approve the request in the amount of $15,000. The motion was seconded by Council Member Gardner, who encouraged Mr. Denning to inform the student body about the project and provide them with a chance to get involved. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ANNEXATION PETITION/RESOLUTION:
Public hearing to consider approval of an annexation petition for annexation of 66.235 acres located west of Highway U-18 and generally southwest of Winchester Hills Subdivision. Ledges Land, LC, applicant.

Council Member Gardner declared a conflict of interest citing involvement in the Ledges project.

Community Development Director Bob Nicholson explained that over the last several years the petitioners have been negotiating with State Park officials on a boundary adjustment. Parcels have now been traded and there is basis for a boundary adjustment. No request from Park officials has been received for annexation. It is proposed that land being annexed to the City be zoned Mining and Grazing which is an interim zone until the property develops.

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

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

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February 19, 2004
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Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - abstained from voting

The motion carried.

PUBLIC HEARING/ORDINANCE/BOUNDARY ADJUSTMENT:
Public hearing to consider a boundary adjustment with Santa Clara City in the area north of the Sunbrook Golf Course and west of Country Lane Road. Darren Hensley, applicant.

Community Development Director Bob Nicholson explained that the boundary adjustment will allow 10.6 acres to come into the City of St. George. The hearing has been noticed as provided by law, and Santa Clara City approved the boundary adjustment this week.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to R-1-8 on 10.66 acres located north of the Sunbrook Golf Course and west of Country Lane Road. Darren Hensley, applicant.

Community Development Director Bob Nicholson explained that this zone change involves the same property just approved for a boundary adjustment with Santa Clara City. The property was zoned R-1-10 by Santa Clara City, and the applicant is requesting R-1-8 zoning.

Darren Hensley, applicant, advised that he would like R-1-8 zoning to create a buffer from nearby higher density zoning to R-1-10 zoning. Most of the lots are the size of R-1-10 lots, with just a few at about 9,500 sq. ft.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map from low density residential to commercial for property located on the east side of Valley View Drive and south of the Shell gas station located on the corner of Sunset Blvd. and Valley View Drive. Morwood Properties, LC, applicant.

Community Development Director Bob Nicholson explained that the area in question contains 12.92 acres. Half of the parcel is relatively flat and half is hillside. Slopes over 40% cannot be developed. 30% of slopes less than 40% can be developed, with 70% remaining undisturbed. The applicants propose to have a commercial development on the flat land, and will continue with a zoning request if the general plan amendment is approved. At the Planning Commission meeting, the applicants stated that if commercial designation is granted, they would donate the hillside property to the City. The property has been zoned R-1-10 since 1975 when it was annexed into the City. Neighbors attending the Planning Commission meeting

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February 19, 2004
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expressed concerns with regard to traffic, lights and noise attendant with a commercial development. 950 West Street stubs into the property. The General Plan designates the property as low density residential. The property has previously been used as a coal yard and truck yard. The Planning Commission recommends denial, feeling the property should remain residential.

Heath Snow, representing the Morwoods, asked that the matter be tabled for two weeks in order that a full City Council be present.

Mayor McArthur declined his request noting that it appeared that many in the audience had come to address the issue and advised that the hearing would proceed.

Mr. Snow commented that in 1975 when the Morwood property was annexed into the City, the property was zoned R-1-10 as a holding zone. The property provides his clients? livelihood and is a legal non-conforming use. The amendment to the general plan would be a win-win for everyone, and his clients are willing to move their operation to a more industrial area, but this has to be economically viable for them. At the Planning Commission meeting concerns were expressed by neighbors but they were not substantiated with quantifiable evidence. Valley View Drive is very busy, but increased traffic is caused by development further down, and the argument that the proposed commercial development will generate much more traffic and make Valley View Drive more dangerous and harmful to the health, safety and welfare of area residents is unfounded. A majority of the traffic is from Sunset Blvd., and his clients are willing to make concessions with regard to ingress and egress from their property. Sunset Elementary is several blocks south and west of the property, and this project would not increase any type of safety issue. To say that the proposed amendment to the General Plan will create more traffic than any other proposed amendment close to Valley View Drive is unfounded. Trips per day generated by R-1-10 zoning is ten a day seven days a week, which on eight acres works out to be 750 trips per week. Commercial zoning would generate 450 trips per week, for a 28% difference. Further, commercial designation for this site is a natural expansion of the commercial located on the corner. In summary, the proposed C-2 use would be much less burdensome than the present use of the property and is best for everyone.

Mayor McArthur opened the public hearing.

Dena Gray-Henry explained that her husband is the president of the Red Canyon Homeowners Association but was unable to attend the meeting due to medical reasons. Most of the homeowners in Red Canyon are very opposed to the general plan amendment. She expressed disappointment at comments made by Mr. Snow and felt they were not quite in keeping with what those who live in the area have found. She stated she felt it was highly doubtful that trips per day generated by a commercial designation would be only four per day per business, and would be at least 800 times in a five day period. She then read from a hand-out which she distributed to the Mayor and City Council.

Ralph Moses, a resident on 750 North, stated that his biggest concern with the proposed development was that there were two areas coming from Bluff and Sunset and to tie up and put more traffic onto one outlet on Valley View Drive which would make the situation much worse. He stated that the last thing needed was to clog the artery from Sunset and Bluff to Valley View. He recommended denial of the request.

Eric Alderson, a resident of Red Canyon, stated that he was opposed to the request for safety reasons and the significant increase in traffic the project would create. He stated that people visiting businesses have a different mind set than those who have children in their own in the neighborhood, and he urged denial of the request.

Rod Packer stated that every person who moved on to Valley View Drive since 1963 was aware of the established commercial business on the Morwood property. The Morwood property was annexed, not at their request, and they did not rant and rave against the Red Canyon project when it was built, nor did it protest when the Phoenix Plaza project was built. The Morwoods have been quietly going about their business, and the family has been involved in every major project within the City while newcomers have moved in around them. The Morwoods have helped provide southern Utah with the services it needs. They now want to relocate and market for a fair price the land they have put their entire lives into. There are many instances of southern Utah families benefitting from their land, and this case is no different. The proposed use of the property fits nicely and is bordered on two sides by commercial and on one side by a church. There will not be an increase in traffic flow over that caused by the 130 units in Red Canyon and the Homestead projects. He urged the City Council to approve the request.

Rick Anderson, a resident of Red Canyon, urged the City Council to follow the recommendation of the Planning Commission. Denial of the request will not curtail the ability of the Morwood family to make money as they can still utilize their property with

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February 19, 2004
Page Seven

the present zoning. The property is bordered by only a sliver of commercial property, and the rest would be directly accessible onto Valley View Drive. The proposed entrance into the project will create blind spots. The property is marketable with the current zoning, and a commercial designation will cause more problems for what is already an issue.

Jim Raines, Bush and Gudgell Engineering, advised that regardless of the use of the property, there is only one place to put a road into the project to meet City standards, and it is as shown on the drawing. Regardless of the use or traffic pattern, the road into the project will remain the same. Valley View Drive is a problem due to its collector nature and clearly the traffic problems and volume on Valley View Drive created by the project is a small percentage of the entire traffic on Valley View Drive. The General Plan is general and not site specific, and use of the Morwood property is limited as the hillside takes up over 50% of the property. A quasi-triangle of developable property is left, with a road cutting into it. Adding all these factors together, it would not be practical to develop the property as residential because of the topography and shape and dictations of the roadway. The Morwoods are trying to find an appropriate use for the property outside of general plan issues, and the proposed project will be neighborhood commercial and professional offices, not a high volume commercial center.

Council Member Allen stated that she felt a PD residential project would be feasible for the property, similar to Red Canyon.

Jim Raines replied that with a higher density and clustering, this may be possible. However, in reality, a residential project would push into the hillside. A residential project would have to use more of the hillside and would create more grading and site issues than a commercial project. A commercial project would also hide any cuts to the hillside and its impact would be minimal.

Lucille Boren commented that if Valley View Drive cannot be widened, the traffic could not be managed. Additional traffic and lighting would affect the value of her property and she cannot afford to move.

LeeAnn Dorius expressed concern with traffic and speeding on 950 West.

Janet Morwood stated that no matter what her family did with the property, someone would say that it is the wrong thing. The property can be left as a coal yard and continue to be operated, but by its nature is not a clean operation. No matter what is proposed, there will be opposition. She stated she was not trying to make trouble for the neighborhood but what the family proposes for the property is what is best for them.

Dory Woodgate advised that while she has nothing against the Morwoods and they have a right to the value of their property, how the property affects the neighborhood is important. There is currently plenty of commercial property in the area and the Morwood property should remain residential or something more viable for the community as a whole. She stated there were many vacant commercial buildings in St. George, and residents want to keep their residential neighborhood safe for their children. She stated she felt a commercial designation would be the wrong thing to do and cause more problems in the long run than it would solve.

Jelayne Root commented that the property would make a great park.

Terry Morwood commented that the main issue is traffic, and whether commercial or residential, the property will be developed and traffic will be generated by the project. He stated he did not know if commercial or residential would generate more traffic, and
he suggested that 950 West not be opened as that would stop the worry with regard to traffic going up the hill.

Council Member Gardner inquired if there was an option to focus more on professional office development rather than commercial.

Mr. Morwood replied that there could be, but it has not been discussed.

Mayor McArthur commented that PD zoning rather than commercial would provide the neighborhood with a chance to see what they would be getting and the project would not be an unknown.

Heath Snow commented that most of the traffic concerns are current concerns not exacerbated by the proposed amendment to the General Plan. The Morwoods are willing to make concessions necessary to make the project work for everyone by helping to widen the road as it joins Sunset, and with ingress and egress restrictions.

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

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February 19, 2004
Page Eight

Council Member Allen commented that as far as traffic, it is already bad on Valley View off of Sunset and will only get worse and not because of the proposed development. She stated that she agrees with the neighbors that the property should remain residential. She suggested, however, that the Morwoods consider a PD residential project similar to Red Canyon and make the project work for the neighborhood and themselves.

Council Member Gardner commented that part of the land lends itself to residential, while other areas may be appropriate for light commercial or AP zoning. He suggested segregating the property and allowing both residential and AP zoning.

City Manager Gary Esplin advised that another public hearing would have to be held for a general plan amendment for anything other than commercial. He commented that he did not see the property as suitable for a single family residential development, but it would be appropriate for a higher density residential project similar to Red Canyon. Clustering would allow the Morwoods to recover their use of the property because of the hillside, and with the current General Plan designation they can come back with a proposal.

A motion to deny the request was made by Council Member Allen and seconded by Council Member Whatcott.

Council Member Orton commented he felt the highest and best use of the property was not R-1-10, and that the Morwoods should not be held accountable for the traffic on Valley View Drive. While he agreed that the property should not be designated commercial, the City did need to work with the Morwoods for some type of reasonable use of the property, perhaps through clustering.

Council Member Gardner commented that while he concurred with Council Member Orton, he wondered if use of a portion of the property made sense for an office building.

Council Member Orton replied that the Morwoods could certainly make an application for that in the future.

City Manager Gary Esplin suggested that the application fee for a general plan amendment could be waived for the Morwoods if they would like to come back with another plan in the near future.

Council Member Allen advised that she would add that to her motion.

City Manager Gary Esplin advised that clustering would allow the Morwoods to do a project without coming in for a general plan amendment because the property would remain residential.

Community Development Director Bob Nicholson advised that if a density credit were given for the hillside area, the Morwoods could cluster the units to obtain a higher density similar to Red Canyon and would not need to come back for a general plan amendment, only a zoning request.

Council Member Whatcott advised that his second to the motion included a stipulation that the approval be subject to a one year time limit. Council Member Allen accepted this revision to the motion. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Whatcott commented there is an overriding concern about traffic in this area, and the City needed to look at what it could do to help move the traffic.

AGREEMENT:
Consider approval of an agreement for design and construction plans to renovate the Bloomington Park ballfields.

City Manager Gary Esplin advised that staff recommends French and Associates be authorized to design and build the proposed park.

Kent Perkins, Leisure Services Director, explained that the City currently has a contract with French and Associates for the design of the ballfields, but the City Council asked for an increase in the design to accommodate the Little League complex. A large percentage of the increase relates to lighting, and it is proposed that the City extend

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February 19, 2004
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the contract beyond the first phase of the project. The increase is also for the parking lot and volleyball courts. Construction documents will be completed within six weeks and the project will then go out to bid.

Council Member Whatcott inquired if new sod would be installed on the fields.

Mr. Perkins replied that there were two or three alternatives including replacing the sprinklers and infield material and reseeding, lighting and redoing the infields. Throughout different phases of the project staff will come back to the City Council with the options. The plan is to renovate the entire complex so that it is a quality facility.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Kent Perkins, Leisure Services Director, advised it is hoped a triple dedication for the Santa Clara River Trail, the Middleton Wash Trail, and Slickrock Park can be held the first week of December. Alternations have been made to the design for The Fields, and water issues need to be resolved, but the project is moving ahead.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

GRANT:
Consider approval of a grant for $50,000 to prepare a land use plan for the South Block area and particularly the area along the proposed Southern Corridor highway.

City Manager Gary Esplin explained that the Federal Highway Administration has offered a grant to the City to prepare a land use plan for the South Block area of the City. No matching funds are required.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the grant. Mayor McArthur called for a vote, and all voted aye. The motion carried.

DEEDS OF DEDICATION:
Consider acceptance of deeds of dedication from property owners along River Road.

City Manager Gary Esplin explained that at the last City Council meeting the City Council approved the plat for River Road. Accepting deeds of dedication from property owners along River Road will now allow the City to proceed with the next phase of River Road improvements from 2450 South to Brigham Road.

A motion was made by Council Member Gardner and seconded by Council Member Allen to accept the deeds of dedication from property owners along River Road. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur inquired if the bridge across the Ft. Pearce Wash would be widened as part of the River Road improvement project.

City Manager Gary Esplin advised that the existing bridge will remain in place and a new one built. The two bridges will accommodate four lanes of traffic.

CHANGE ORDER:
Consider approval of a change order for additional engineering services on the Red Hills Parkway.

City Manager Gary Esplin advised that changes to the existing contract are necessary in order to extend the length of the contract and install box culverts to accommodate trails and other uses.

Mayor McArthur explained that the Red Hills Parkway is not the northern corridor which is located north of the Red Hills Parkway and south of Winchester Hills. The City is still planning on the northern corridor and it will remain on the City?s maps.

Public Works Director Larry Bulloch explained that improvements to the Red Hills Parkway will allow the City to get through the critical time of construction of St. George Blvd. It is anticipated the Parkway will be open in April. It is now at grade and ready to be chip sealed. By the end of the year this corridor should be finished from Hurricane to Bluff, non-stop. The connection to 200 East will be done by December. Red Hills Parkway will be two lanes. The change order will cover the cost to redesign the box culverts and construction management from now to April. Highland Drive by Twin Lakes is ready to pave and the section through Middleton is out to bid.


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February 19, 2004
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City Manager Gary Esplin advised the amount of the change order is $73,443, and is for construction management and design.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the change order. Mayor McArthur called for a vote, and all voted aye. The motion carried.

EXCHANGE OF WATER:
Consider approval of an exchange of Santa Clara water for St. George culinary water.

City Manager Gary Esplin explained that the exchange involves the Sheep Springs on the north side of Snow Canyon Parkway.

Mayor McArthur advised that approval of the exchange will also facilitate development of the north side of Snow Canyon Parkway.

Council Member Whatcott inquired if there would be any cost to the City to make the exchange.

City Manager Gary Esplin explained that the developer will install the collection system into the City?s ponds, but the City will have to pay the cost of pumping the water into its irrigation system. It is not feasible to use the Sheep Springs for culinary water as there is no protection zone around it.

Water Services Director Barry Barnum explained that the exchange will provide Santa Clara with 2.2 gallons of culinary water a minute.

Mayor McArthur clarified that the exchange consists of trading culinary water for culinary water, but the City will use the water for irrigation purposes.

City Manager Gary Esplin advised that the developer will construct a facility to put the water into the City?s ponds. The City?s cost will be $1,500 a year to pump it into the City?s irrigation system, and this will be an ongoing cost.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the exchange of water. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held February 10, 2004, recommended that public hearings be scheduled for March 18, 2004 at 5:00 p.m. to consider the following items:

A. An amended plat for 350 North/Industrial Commercial Condominiums. Derrill Larkin, applicant.
B. Amend the PD Commercial zone at the southwest intersection of Red Cliffs Drive and 2450 East to incorporate the use of movie theaters as part of the permitted use list and review the proposed site plan layout and building elevations and change the zone from R-1-10 to PD Commercial on four acres located at 2350 E. Red Cliffs Drive. Gilbert Jennings, applicant.
C. A zone change from A-1 to RE-12.5 on 4.92 acres located at 2350 East and 2200 South. Derrill Larkin, applicant.
D. Amend St. George City Code, Title 10, Chapter 8, Zoning Regulations, Section 10-8-5 (D)(1), Front Yard Setbacks Under Residential Development Standards to allow the Planning Commission and City Council to consider an exemption from the 25 foot front yard setback from a public street to a 20 foot front yard setback and increase the rear yard setback by five feet. The garage setback will remain at 25 feet. Rick Rosenberg, applicant.

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

Community Development Director Bob Nicholson explained that the Planning Commission recommended that a public hearing be scheduled for April 1 to consider an amendment to the Walmart PD Commercial zone to consider a proposed site plan layout and building elevations for an Arby?s fast food restaurant and a 4,000 sq. ft. retail building on Outlot #4 located at 2610 Pioneer Road. Gregory Glissmeyer/Woodbury Corporation, applicant.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.


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February 19, 2004
Page Eleven

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held February 10, 2004, recommended approval of the final plat for Foxborough Phase 5.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held February 10, 2004, recommended approval of the preliminary plat for El Dorado Valley Subdivision.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the preliminary plat. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held February 10, 2004, recommended approval of the preliminary plat for Meadow Valley Estates Phases 6 and 7.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the preliminary plat. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur commented that it was recently brought to his attention that as land develops, the solid fence required between different zones is oftentimes not being constructed.

City Manager Gary Esplin replied that a fence is not required between properties with the same zoning.

Mayor McArthur commented that the City must make sure it holds the property owner who is developing his or her property responsible for erecting a fence when the use of the property changes.

NON-CONFORMING STRUCTURE/USE:
Community Development Bob Nicholson explained that the applicant wanted to modify a non-conforming building located at 180 South Main by installing a garage door on the
back of the building for a mobile automotive glass repair business. The applicant, however, has withdrawn his request.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to convert an existing carport into a garage and storage area that will exceed 25% of the rear yard area by 302 sq. ft. in the RCC zone at 132 East 400 South. Phil Fons, applicant.

Community Development Director Bob Nicholson explained that City Code requires that not more than 25% of a rear yard area can be used for an accessory building. The applicant recently purchased a home with an accessory building in excess of the City requirements. The applicant proposes to remove a small shed and enclose the carport. The Planning Commission recommended approval as long as the enclosed carport is not used as a dwelling.

Phil Fons, applicant, explained that the carport will take 8% more than the 25% allowd under the City Code.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a landmark home at 190 South Main (formerly Red Rock Bicycle) by expanding the list of possible uses to include office use, retail use such as an art gallery or gift shop and related uses. Glenn Ames, applicant.

Community Development Director Bob Nicholson explained that the home was formerly used as a bicycle shop, but the applicant would now like to expand the list of uses to office and limited retail. He explained that the applicant?s original application was for use of the home as a coffee shop and small caf?, but the Planning Commission decided this use was too intensive for the property, and the applicant withdrew this portion of

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February 19, 2004
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his request. The intent of the applicant is to use the property for low intensity types of uses. Another possible use would be for an accounting office, and these uses would require less parking than for a bicycle shop. The Planning Commission recommended approval of four uses - office, art gallery, home decor, and gift shop, with the recommendation that a new driveway approach for the driveway on 100 South be built.

Glenn Ames, applicant and former owner of Red Rock Bicycle, explained that the City Code allows businesses to meet the requirements for conditional use permits in historical homes within residential neighborhoods. The home was formerly in extreme disrepair, and the bicycle shop was a good addition to the community. The home is located on the edge of the historic district and borders commercial property. The closest neighbor supports the request. The proposed use will compliment the downtown and residential neighborhood.

Gloria Shakespeare stated that the City needs to decide what its vision statement is, and the number one commandment of zoning is to know the purpose and pursue it. The City recently implemented a new enforcement program and is on its way to adoption of a rental ordinance. She then read from the General Plan concerning its purpose. She read four letters in opposition to the request and submitted them for the record. A conditional use permit should contribute to the well being, and not be detrimental to the health, safety and welfare of residents and uses should be in harmony with the intent and purpose of the master plan. She stated that the applicant would be able to resell the home for residential purposes and regain any losses, as the Bluth home across the street recently sold to a family with three small children. Old homes are in demand and if they are protected, will bring life back to the neighborhood.

Council Member Gardner inquired of Mrs. Shakespeare if she was suggesting there was not a need for protection of landmark homes, or the only way to protect them was through residential use.

Mrs. Shakespeare replied that neighborhoods are residential, and businesses are an intrusion into neighborhoods.

City Manager Gary Esplin commented that landmark site designation is used to protect homes, and the City has been very successful in its landmark site program by allowing the restoration of old homes. The applicant could operate right now as a bicycle shop. Further, residential use is not precluded. He stated he was nervous about throwing out the concept of restoring old homes for use as landmark sites by saying they can only be used for residential purposes. The General Plan includes landmark zoning.

Mayor McArthur commented that the question is if the expansion is compatible with the neighborhood.

Council Member Whatcott commented that the Planning Commission addressed parking concerns, and by requiring the driveway entrance to be opened up, provided five to six parking spaces.

Gloria Shakespeare inquired if a conditional use permit overrode the zoning.

City Manager Gary Esplin replied that the ordinance allows historic buildings in residential zones to be used for limited commercial purposes.

Mrs. Shakespeare commented that parking was a huge issue with the neighbors. If the City is going to make Main Street completely commercial it needs to respect the parking needs of residents so that they don?t lose the parking in their own front yards. If the City is going to keep Main Street residential, it must protect the neighborhoods.

City Manager Gary Esplin commented that a landmark site designation protects a home and allows some limited commercial use in order to perpetuate the restoration of the home. This is different from saying that any home can be used for a commercial purpose - it must be a landmark site. This action would have no effect on an RCC zone, and the applicant can still have a bicycle shop in his building tomorrow if he so chooses. Further, the City cannot force the applicant to sell the home for residential purposes.

Council Member Allen commented that if parking is a problem in the area, the City should address this. Perhaps curbs in front of homes could be painted red or something else done to help. However, she did not see a problem with the request for a conditional use permit, and it would not automatically turn the home into a commercial use forever. She commented that the proposed use is the type of thing the City wants to see in the downtown and is part of new urban planning, which is a mix of residential and small businesses in certain residential areas which promote walking. She stated that while she was loath to making Main Street commercial, she did not see a problem with the request.

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February 19, 2004
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City Manager Gary Esplin commented that the landmark site provisions have proven to be a valuable addition to the old downtown area.

Mayor McArthur commented that this was true, as long as the uses fit in the
neighborhood, and as long as the uses do not use up parking in front of the homes.

Council Member Orton commented that the uniqueness of the landmark homes is what the City Council has envisioned for the downtown, and he expressed confusion that the downtown residents were not excited about it.

City Manager Gary Esplin explained that the new urbanism consists of a mix of residential and commercial use to create a certain neighborhood feeling, and he felt this use was perfect.

Council Member Gardner commented he felt the request was consistent with efforts to restore the downtown. He then made a motion to approve the conditional use permit provided there was adequate parking and the gutter crossing was fixed. The motion was seconded by Council Member Allen who added a caveat that staff be instructed to see if there is anything that can be done to prevent unnecessary parking in front of neighboring homes.

Glenn Ames, applicant, advised that the driveway crossing will be replaced the full width of the driveway and parking will remain behind the building. As a property owner, he will make every effort possible so that patrons of the business do not park in front of neighboring homes.

Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Gardner inquired if more young families had made application for funds to assist them in purchasing homes in the downtown area.

Community Development Director Bob Nicholson replied that staff is still trying to get the word out as awareness of the program is limited. Applications are made through Color Country Housing as they are administering the program. $90,000 is available in assistance through a revolving loan fund, which is enough assistance for ten families, and there is 18 months within which to spend it.

Council Member Whatcott inquired about the possibility of acquiring the old insurance building next door to the applicant?s property in order to raze it and provide parking.

Mr. Ames replied that the owner wants more for the property than it is worth but is willing to share parking.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a fitness facility for women in an AP zone at 410 E. Tabernacle. Faye Mellos/Shape Xpress, applicant.

Community Development Director Bob Nicholson explained that the Planning Commission recommended approval subject to installation of the landscaping prior to issuance of a Certificate of Occupancy. The applicant has been instructed to meet with the City Forester, Doug Wulfenstein, to discuss the landscaping.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Jason Griffith, representing the applicant, advised that a wheelchair ramp is needed on the west side of the building, and all the landscaping will be completed immediately except on the west side which will be delayed but eventually completed.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a 22' high detached garage on a single family lot as accessory to the existing residence in an RE-37.5 zone at 267 Man O War in Bloomington. Robert Stevens, applicant.

Community Development Director Bob Nicholson explained that at the Planning Commission meeting there was discussion about whether the barn style garage was appropriate, but the applicant indicated there were similar styles in the area. Attic storage is acceptable, but there cannot be a second level in the garage. The Planning Commission indicated there could not be any commercial use of the building. The applicant agreed, and advised that he was going to use the garage for his hobby of fixing cars, but not on a commercial basis. There will be a sink and toilet in the garage, but not a kitchen, tub or shower.

Robert Stevens, applicant, advised that he does auto body work as a hobby only.

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February 19, 2004
Page Fourteen

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a 5,200 sq. ft. storage building and a 3,400 sq. ft. outdoor storage area for water system parts and supplies in an Open Space zone located at about 625 E. Skyline Drive. City of St. George, applicant.

Community Development Director Bob Nicholson advised that the Planning Commission recommended approval subject to the condition that landscaping be installed along Skyline Drive upon completion of the realignment of Skyline Drive.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to relocate a gravel pit operation from its current location near the Ft. Pearce Industrial Park to a new site approximately two miles south located east of the White Dome in an R-1-10 zone in the W ? of Section 27, T43S, R15W, Salt Lake Base and Meridian. Quality Excavation, Inc., applicant.

Community Development Director Bob Nicholson explained that the Planning Commission recommended approval subject to two conditions: (1) that the area be kept watered down, and (2) that the existing pit be reclaimed. At the Planning Commission meeting, the applicant indicated that reclamation of the existing pit is underway and he envisioned reuse as residential.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Gardner inquired of the applicant if he was going to move the asphalt plant.

Mr. Burgess replied that for now he was going to leave the asphalt plant where it was.

Mayor McArthur called for a five minute break.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to replace a 100 foot communications tower with another 100 foot co-location cell tower at approximately 916 N. Red Rock Rd. Jay Sample, AFL Telecommunications, applicant.

Community Development Director Bob Nicholson explained that this matter came before the Planning Commission twice. The property is zoned M-1. The City Code permits a 35' tower without a conditional use permit. The applicants are proposing to replace a 100 foot tower with a new one the same height except larger in diameter to accommodate three clusters of antennas for three cell phone companies. The 100 foot tower currently attached to the Ruesch building would be removed and a new one erected close by. The new pole would have to be set 30' back from the ledge. The Planning Commission recommended denial at the second meeting based on aesthetic issues and the fact that a 35' tower would meet the applicant?s needs and the 100 foot tower was not necessary.

Greg Ford, ALF Telecom, representing Verizon Wireless, explained that the current location of the tower on the ridge was part of Verizon?s original plan filed with the City, and this tower will be the last one put up as part of that plan. The City?s ordinance encourages co-location. The reason the tower will be put in a different location is that Mr. Ruesch has plans to relocate or expand his buildings in the future. Verizon has a 30 year lease with him. Removing one pole and replacing it with another would be more advantageous than continuing to populate the area with smaller poles. There are still a few carriers who don?t have sites and will be looking shortly. The City?s ordinance allows for placement of a 100' pole with a conditional use permit, and the request meets the setback requirements. An equipment building will be built and the entire site will be fenced with vinyl coated fencing. At the Planning Commission meeting concern was expressed about the stability of the soil and whether it would be able to handle this type of project, so a complete geotech study was performed and it will be submitted to the Building Department when a building permit is applied for. If

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February 19, 2004
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the test shows the soil is inadequate, the project will be abandoned. However, it is assumed the soil is similar to that on the Stout property where four other towers are located. After the Planning Commission meeting tests were done to find out what height tower would work, and Verizon determined that it could make do with a 35' pole, but the purpose of the application is to keep within the spirit of co-location. More than one carrier cannot be co-located on a 35' pole.

Mayor McArthur expressed concern with the aesthetics of the proposed location as it is an entrance to the City.

A motion to deny the request was made by Council Member Gardner and seconded bye Council Member Allen. Mayor McArthur called for a vote, and all voted aye.

RESOLUTION:
Consider approval of a resolution abandoning an existing easement along the east line of Jedora Estates, Phase 1.

City Manager Gary Esplin explained that a 25' easement was originally granted when only a 15' easement is needed. Approval of this resolution will allow the extra 10' to be abandoned back to the property owner.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for an off-road challenge and rock crawling event to be held March 5, 6 and 7 on State School and Institutional Trust Lanes off Tonaquint Drive. United Rock Crawling and Off Road Challenge, applicant.

City Manager Gary Esplin explained that the applicants would again like to hold a rock-crawling event in the same general area as last year. However, based on what happened last year staff has concerns about safety and security. Staff provided the applicant with the requested information and applications early this year, but they were not returned in a timely manner and therefore an addendum had to be scheduled. Staff also has concerns about insurance coverage, and any approval would need to be subject to obtaining the appropriate proof of insurance before the event is held. At this time the adjacent property owner has not given his consent for access across his property, and any approval should be based on this consent.

Laura Woolsey, Business License Officer, advised that the applicant must also comply with sign provisions of the City Code as last year there were many illegal signs. Vendors also need to provide proof of licensure. Lt. Johnson has also requested certain conditions with regard to security which must be met. A permit from the State of Utah must also be obtained.

Mark Patey, applicant, explained UROC?s alcohol policy.

Lt. Johnson explained that last year during the event there were many alcohol violations and the applicant?s security plan was not met. This year he has worked hard with the applicant to beef up the security plan. He advised that he would be at the event both days to observe and inspect for violations.

Mr. Patey advised that it would not be possible to inspect all coolers for alcohol.

Council Member Allen inquired if the advertising contained language about what standards were expected.

Mr. Patey advised that signs at the event will prohibit alcohol.

Mayor McArthur commented that the nature of the event tends to attract people who consume alcohol, and he inquired how Mr. Patey would enforce the no alcohol requirements.

Mr. Patey stated that his insurance is in the process of being renewed, and maintaining good control of the alcohol is important to maintaining his insurance rates. He advised that the ad campaign is built around the family.

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February 19, 2004
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Mayor McArthur inquired about other events held in conjunction with the rock-crawl.

Mr. Patey replied that a concert will not be held, but there will be a tech inspection the day before the event.

Lt. Johnson stated he was satisfied with the security plan, but there are still a few minor items to be worked out.

A motion to approve the event subject to the requirements o