City Council Minutes

Thursday, December 13,2001



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 13, 2001, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called to the meeting to order and welcomed all in attendance. The flag salute was led by Deputy Chief Russ Peck, and the invocation was offered by Marc Mortensen.

Council Member Isom arrived.

Mayor McArthur advised that item 6A10 to consider approval to replace existing signs along the I-15 freeway was tabled from the agenda.

PRESENTATION OF AWARD:
Assistant Leisure Services Director Herb Basso presented the Mayor and Council with the National Softball Association Complex of the Year award for the Canyons Complex for the third year in a row. He then introduced the maintenance crew.

AWARD OF BID:
Consider award of bid for water-proofing the clear well at the Quail Creek Water Treatment Plant.

City Manager Gary Esplin recommended award of this sole source purchase to Permabond, Inc. in the amount of $34,109.75.

Water and Power Director Wayne McArthur explained that the clear well is a place where water is detained and mixed with chlorine after it is filtered.

A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to Permabond, Inc. in the amount of $34,109.75. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider purchase of stand-by generators for the fire stations.

City Manager Gary Esplin advised that the following bids were received for purchase of three stand-by generators for the fire stations:

Wheeler Power Systems $29,946
Ahern Rentals $55,860
Cummins Intermountain $34,617
Diesel Electric Service $33,675
Colorland Sales $35,697
Rasmussen Equipment $39,408



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December 13, 2001
Page Two

He recommended award of the bid to the low bidder, Wheeler Power Systems, in the amount of $29,946. Mr. Esplin advised that purchase of these three generators will now equip all substations with portable generators.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Wheeler Power Systems in the amount of $29,946. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Gunlock chlorinator project.

City Manager Gary Esplin advised that three bids were received as follows:

Weidner & Associates $42,127
Waterford Systems $42,912
Engineered Fluid, Inc. $118,276

He recommended award to the second low bidder, Waterford Systems, in the amount of $42,912 since the City currently has a Waterford system in place and would like to use similar spare parts, etc.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Waterford Systems in the amount of $42,912. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the redrill of Gunlock Well No. 1.

City Manager Gary Esplin explained that getting someone to bid was difficult, and the City received only one bid, from Gardner Drilling, in the amount of $226,598.

Water and Power Director Wayne McArthur advised that the bid amount is based on a depth of 800 feet, and will be adjusted on a per foot basis if more depth is needed. The well will be redrilled to a depth of 1,000-1,100 feet before giving up. This is also a substitute hole, not a re-drilling of the same hole.

A motion was made by Council Member Isom and seconded by Council Member Allen to award the bid to Gardner Drilling in the amount of $226,598. Mayor McArthur called for a vote, as follows;

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

The vote was unanimous and the motion carried.

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December 13, 2001
Page Three

ORDINANCE:
Consider approval of an amendment to the City?s handicapped parking ordinance No. 12?3-91.

City Manager Gary Esplin advised that this ordinance amendment is needed as a result of a decision made by Fifth District Court Judge Shumate. According to State law, an upright sign is needed as well as a marking on the ground in order to designate a handicapped parking spot, and the City will simply be adopting this standard. The City will also be sending notices to businesses requesting their compliance with this ordinance.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001 recommended approval of the preliminary plat for Sunset Lane Subdivision located on the north side of 540 North Street and west of Westridge Drive. Ed Burgess is the applicant.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001 recommended approval of the preliminary plat for Seven Hills Subdivision located on 2200 West and north of Sunset Blvd. The applicants will build the entire width of the roadway as requested by the City Council and a median to match the Tuweap Drive theme with curb and gutter on both sides of the street and sidewalk only on the development side of the road. The roadway is a 66 foot right-of-way. The Planning Commission recommended approval with the conditions discussed in a previous meeting regarding landscaping, the cut along the wash, stacking sandstone along the ridge after the cut along the wash, etc. Vince Clayton is the agent.

City Manager Gary Esplin commented that since this is not a 80 foot wide street the Council will have to approve City maintenance of the landscaping along the right-of-way. The City will have approval rights on the landscaping sp that it will be low maintenance similar to that of Entrada?s on Snow Canyon Parkway.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the preliminary plat subject to the stipulations made at a previous meeting. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Gardner - aye

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December 13, 2001
Page Four

Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001, recommended approval of the second amended preliminary plat for Paradise Canyon located at 1200 West Snow Canyon Parkway. He explained that the purpose of the amendment is to remove lot/pad 135 from Phase 3 and relocate it in Phase 5, and to increase the size of lot/pad 136. Milo McCowan is the applicant.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the preliminary plat. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 11, 2001 recommended approval of the preliminary plat for a two lot subdivision located at Mesa Palms Drive and Tonaquint Drive. This is part of a PD residential zone which received approval September 13, 2001. There will be two residential facilities (Beehive Homes), one on each lot, with a total of 24 bedrooms, 12 bedrooms in each home. Corry Development is the applicant.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 11, 2001, recommended approval of the preliminary plat for Painted Desert Phases IV, V and VI, with the contingency that the phases continue to be a part of the project homeowners? association, CC&Rs, and work under the same umbrella as the approved PD. Chuck Spilker is the applicant.

Council Member Isom declared a possible conflict of interest as her company is doing the title work for this project.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows:

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

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December 13, 2001
Page Five

Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 11, 2001, recommended that a public hearing be scheduled for January 3, 2001 at 5:00 p.m. to consider approval of an amendment to the Zoning Ordinance, Chapter 17, Planned Development Zone, Chapter 6, Off Street Parking Requirements, and Chapter 15, Multi-Family Residential Zone, regarding setbacks and driveways.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for the increased height of a garage up to 24' at 655 South 300 East. William Powell, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001, recommended approval of a conditional use permit for the increased height of a garage up to 24 feet at 655 South 300 East with the condition that the room above the garage never be used as a residence. A bathroom is shown on the proposed building plans. William Powell is the applicant.

The applicant advised that the bathroom will contain a sink and commode only.

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, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for Red Rock Auto Sales lot being moved to 880 East St. George Blvd. Drew Ferwerda, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001, recommended approval of a conditional use permit for Red Rock Auto Sales to be located at 880 E. St. George Blvd. subject to shared access with Larsen?s Frostop and one sign of appropriate size and height. Drew Ferwerda is the applicant. Mr. Bradley advised there has been some concern with the mixed use of the site (a gas station and auto sales lot). However, the applicant plans to phase out the retail gas sales and retain one

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December 13, 2001
Page Six

gas island for fueling of the for-sale vehicles only. The current lessee has a contract with the owner, and the proposed arrangement would have to receive approval by the owner. A propane tank will be removed and parking will have to comply with the ordinance.

Council Member Isom requested clarification of the sign issue.

Mr. Bradley advised that the signs are currently non-conforming, but the applicant is willing to comply with the ordinance. One of the gas islands will be capped so that the owner will retain the option of a full service gas station again in the future.

Council Member Orton commented he hated to see multiple uses at the same location as they would then have to be allowed everywhere. He made a motion to deny the request. The motion was seconded by Council Member Whatcott.

Gary Kuhlmann advised that he represented the applicant, Drew Ferwerda, but the business is owned by Hyrum Smith. He then reviewed the history of his client?s business, and advised his client was merely seeking equal treatment. He advised his client?s business at this location was shut down and a criminal citation issued. His client has had numerous contacts with the landlord, but a long term lease cannot be negotiated until and unless the City grants permission for the operation. He advised that the retail gasoline operation will be phased out by selling the gasoline so that the current lessee can recoup his investment. The auto sales business may also hire the current lessee to do work on cars in the shop. The outer gasoline island will be capped and the inside gas island retained for private business use only. This use is consistent with other car lots approved by the City Council, such as the St. George Motor Cars lot on Bluff Street which was allowed to operate without a paved parking lot or landscaping, and they were not shut down. He advised that his client can meet landscaping and parking requirements, and the shared access is already there. The only issue remaining is the current lessee would like to sell gasoline for six months.

Mayor McArthur replied that the used car lot on 400 East St. moved all its cars until it could comply with the City?s ordinance.

City Manager Gary Esplin advised that staff is concerned about two businesses operating at one location, however, if the retail gas sales will be phased out in six months, this may be an option to consider.

Council Member Allen advised that the Planning Commission?s recommendation contained a six month time limit for phasing out the existing retail gasoline business.

City Manager Gary Esplin commented that he did not see how an application could be made without the owner?s participation.

Mr. Kuhlmann replied that the car lot will lease the property from the owner. He advised that originally his client and the lessee had talked about a joint use of the property, but that now is not their intent, and the lessee simply wants to recoup his financial expenditure. Any fuel purchased in the future will be for use by cars on the lot, and not for retail sales.

Council Member Whatcott inquired why it would take six months to empty the gas tank.

Council Member Allen replied that the six month period was suggested by the Planning Commission, and it was also for changing the sign.

Mr. Bradley advised that the ?Shell? sign will be removed as well as one of the existing pole signs.




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December 13, 2001
Page Seven

Ryan Hafen, current lessee of the property, advised he could empty the gas tank in 10-15 days. He stated he would still be doing service work for car dealerships in town such as changing oil, filters and lubes.

Council Member Allen commented this was a common component of used car and other car-related businesses.

Council Member Gardner suggested shortening the phase-out period.

Mayor McArthur called for a vote on the motion and second previously made.
The vote was as follows:

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

The motion failed.

A motion was made by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission with a phase-out period of three months rather than six. The motion was seconded by Council Member Gardner, who commented he thought the business met the requirements of the ordinance, even with mechanic service as it is closely related.

Mayor McArthur called for a vote, as follows:

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

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-1-10 Single Family Residential to AP Administrative and Professional Office for a new health center to be located at 1400 East on the south side of Foremaster Drive. David Blake, applicant.

Community Development Director Bob Nicholson advised that the general plan identifies the area as professional office. A public hearing on the master plan was held in May 1998 at which time this property was changed from medium density to professional office. Thus, the request is in compliance with the master plan and the Planning Commission recommends approval. If the zone change is approved, a variance for the height of the first building will be considered later on the agenda. The proposed building will be located along Foremaster Drive at curb level.

David Blake, applicant, advised that he represented 20 physicians and health care professionals, all combined in an attempt to create a small health care campus as an adjunct to the adjacent hospital. As noted, the site is undulating in nature with low and high spots, but this site will be level and at the same elevation as the adjacent street.

Mayor McArthur opened the public hearing.

Community Development Director Bob Nicholson advised that the City has received a petition from the Meadow Creek homeowners claiming that the zone change request constitutes spot zoning. However, it is not spot zoning as the

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December 13, 2001
Page Eight

request is in compliance with the master plan, and is adjacent to the hospital campus across the street with similar zoning.

Dean Williams, a resident of Meadow Creek, advised that he represented 80 homeowners in the adult community who will be affected by the zone change. He advised that when he and others purchased their homes adjacent zoning was residential and he was assured it would remain that way. He advised the zone change would be spot zoning because it changes a residential area into a commercial area, and it would destroy the integrity of the single family homes in Meadow Creek. He also expressed concern about elimination of height restrictions, traffic patterns, and drainage problems. He encouraged the Mayor and City Council not to destroy the integrity of the area and to deny the zone change. He commented that adjacent homes would be lower than the proposed site and to have a 50' structure above the roof level line would interfere with the view and depreciate property values in Meadow Creek. He advised that approving this zone change would have a domino effect on the entire area. He urged denial of the zone change.

Mayor McArthur replied that under the old master plan, the property in question was designated as medium density residential, 13 units per acre, and apartments could have built on the property. In 1998 at the time the master plan was changed, residents of Meadow Creek advised they would rather see the master plan changed to Administration Professional than have apartments. That master plan is now in effect.

Dr. Michael Anderson advised that he was among the 20 physicians and health care specialists who would like to develop a first class medical complex adjacent to the new hospital. He advised they feel that better care will be provided and the new building will be convenient for patients. He encouraged approval of the zone change request in the best interests of the community.

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

Council Member Whatcott commented that if he lived in Meadow Creek and had the option of having adjacent property developed with 13 units per acre or having AP zoning, he would prefer AP zoning. He made a motion to approve the zone change as requested. Council Member Orton seconded the motion. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that something will be built on the vacant property immediately next to Meadow Creek unless the Foremaster family donates the property to the City.

Council Member Gardner commented it was still the plan of the Foremaster family to continue with the donation.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from A-20 Agricultural 20 acre minimum lot size and RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size to R-1-12 Single Family Residential 12,000 sq. ft. minimum lot size on 26.647 acres at approximately 2400 East on 1450 South. Paul Jensen, applicant.

Community Development Director Bob Nicholson advised the subject property is located on the north side of 1450 South across from the Stonecliff project.

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December 13, 2001
Page Nine

He is planning to expand The Springs Estates project to the east and is requesting a zoning designation of R-1-12, the same as the rest of The Springs Subdivision, except animals are not allowed. The Planning Commission recommends approval.

Paul Jensen, applicant, advised there is a total of 74 acres in the project, with 11 acres donated to the City for a park. The reason R-1-12 zoning is being requested is because larger lots without animals are desired.

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 Allen to approve the zone change as requested. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-1-8 Single Family Residential to R-2 Duplex Residential on .832 acre located north of Diagonal Street on 500 West Street which will consist of two duplex units and nine detached units. Habitat for Humanity, applicant.

Community Development Director Bob Nicholson advised the property in question is 1.8 acres. The lower half of the property is currently zoned R-2 and the applicant is asking for the balance of the property (.83 acre) to be zoned R-2. Years ago this property was zoned PD Residential, but has since expired due to lack of activity, and it reverted back to R-1-8 zoning. The applicant is proposing 14 dwelling units with access to 500 West. 500 West is about two feet shy of what a standard public street is, but would accommodate the increased traffic. The Planning Commission unanimously recommended denial based on incompatibility issues.

Rebecca Stucki, representing Habitat for Humanity, applicant, advised that in February, 1999 the City adopted an affordable housing plan to support non-profit housing organizations in development projects via technical assistance, including zoning. Habitat for Humanity provides pride in home ownership and stabilization of communities. She advised that she and others have spent many hours visiting with concerned residents, and Habitat for Humanity has come to the conclusion that the project is necessary and will have a minimum impact on the neighborhood and solve issues such as access and traffic. Access is off Diagonal and will be along 500 West. Staff has reviewed the plan and determined that the increased traffic will not adversely affect the area. Additionally, the illegal subdivision in this area will be eliminated through the development process. Rosenberg Associations made an analysis of drainage from the hillside via two small natural channels. At least one resident in the area has changed the natural flow and it now comes across the proposed site. The total area of drainage is 13 acres, and the total area draining into Flood Street is 324 acres, so the two cannot be compared. According to Rosenberg Associates, a 24" pipe is more than sufficient to handle the drainage, and an additional three catch basins have been included in the budget for the project. She then distributed copes of the drainage study. She advised that the City has reviewed the hillside issue and determined the project is within hillside guidelines. All issues are manageable, and as the current zoning stands, 10 homes can be built on the property. There is already one existing home on the property. The zone change will allow an increase of three more homes to be built, and is of great importance to keep the project affordable. It is also the

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December 13, 2001
Page Ten

intent to have all the homes under one association controlled by Habitat for Humanity for the length of the mortgage.

Mayor McArthur opened the public hearing.

Joy Ann Carey commented that the proposed project will surround her home, and while she has raised her children and two foster children, she would prefer not to have children playing around her bedroom and patio area. She advised when she bought her property the adjacent property was not zoned duplex, and duplex zoning would be disruptive to her home and will change the character of the neighborhood. She advised that 500 West is a substandard street with no parking. She commented the proposed project will be crowded, and a place for children to play should be planned in the middle of the proposed project, and not adjacent to her home. She advised that the Hidden Cove condominiums have had a large impact on the area, and with the addition of the proposed project, there will be two congested areas which will negatively impact the entire area. She commented she has worked hard to create an oasis, and while she is not against Habitat for Humanity, she hoped that when the City Council voted, they voted as if they lived in her neighborhood and considered the problems which currently exist there. She commented that the land is a legacy for generations to come, and so many homes should not be put in such a small area.

Geri Hansen advised she lived adjacent to the property in question, and she bought there because of the open space and lack of congestion. However, since then nearby zoning has been changed, including development of the Hidden Cove project, and now the applicant is proposing to put another development right up to the property line. She advised there have been boulders and sand come down from the hill during rain storms, and she has seen several 100 years storms in the 30 years she has lived there. She also expressed concern about access for fire trucks and other emergency vehicles. She advised there are real safety issues, including parking concerns.

Mayor McArthur advised the proposed development will have to meet parking standards.

Ms. Hansen replied that parking standards may be met, but not common sense.
She inquired about the square footage of the proposed units.

Mr. Nicholson replied the ordinance requires a minimum of 900 sq. ft.

Ms. Hansen replied that some of the units on the plat are 20' x 38'.

Council Member Whatcott commented that he had the same concern, but a correction was made and the units will be 30' x? 38.

Mark Fonger, Rosenberg Associates, advised there will be two off-street parking spaces per unit, resulting in four parking spaces per unit, and all of the units will be single level.

Jeff Jennings distributed copies of a hand-out and played a two minutes video of the adjacent hillside during a ran storm. He advised that he measured 500 West Street, and there is only 29' of asphalt. If vehicles are parked on either side of the street only 11 feet of passageway is left, and this is the situation right now. The street now is dangerous, and the applicants are proposing a 25' private street off of it. He advised that all of the water from the hillside currently drains onto the proposed property. The project is completely out of harmony with the neighborhood. Hidden Cove has no off-site parking and visitor parking is bad. Additionally, there are problems at the nearby intersections. He stated that while Habitat for Humanity would like the City Council to think that those opposed to the project are opposed to poor people, this could not be further from the truth, and many residents built their homes themselves. Additionally, there are water pressure problems in the area, as well as drainage problems. He stated he would like to know why Habitat for

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December 13, 2001
Page Eleven

Humanity does not care about the feelings of the residents of the area, as they have said they are going to build whether the residents like it or not. He stated the purpose for zoning is to protect, not change, and the request for rezoning is from the developer, not property owner. A landlocked area of at least an acre will also be created if the zone change is approved and the project built. He advised that many health and safety issues already exist, and zoning problems, density, street, safety and flood problems cannot be resolved. The proposed project will require detention basins and head walls, and there will be surface drainage, and where it will all go has not been addressed. He requested that the zone change be denied.

Ellen Kinect, a volunteer for Habitat for Humanity and a resident of the area, stated she did not foresee any problems with traffic or access onto or off of 500 West and 600 North. She advised there are existing flooding problems, no matter what, every time it rains, and this is a problem in the entire area. She advised that Habitat for Humanity has worked hard to address the drainage issues which may affect the neighborhood. She commented that many of the fears of the adjacent homeowners were unfounded.

Ken Ashman inquired where the children would play when so many homes would be squeezed into the area. He commented that if Habitat for Humanity were really concerned about people, they would not squeeze them into a motel-type situation.

Gary Kuhlmann advised that he spoke on behalf of 40 homeowners, and the issue was not about Habitat for Humanity or a charitable program for affordable housing, but about a zone change and a neighborhood. The issue is about changing the zone to a higher density and changing the character of a neighborhood. He stated he believed the project violated the General Plan and should not be considered, as the Zoning Ordinance says zoning shall be construed to follow platted lot lines, therefore this zone change is premature without a General Plan amendment. Rezoning to R-2 would violate the General Plan, as well as impact the hillside. In 1988 this property was divided into three lots, and now constitutes an illegal subdivision. The City?s position has always been that an illegal subdivision must be cured before other matters concerning the property can be considered. Habitat for Humanity?s proposal will not cure the problem, but will create another illegal subdivision. If the City allows this zone change and development, it will be contrary to everything the City has historically done. As the present zoning stands, Habitat for Humanity can build ten units. He inquired why this was not enough. If the zone change is granted, it will impact the neighborhood and character of the hillside. However, not all adjacent property owners are against the zone change. Marian Gallian spoke in favor of the zone change at the Planning Commission meeting, and in fact said that she would then rezone her properties to multi-family. He advised that the width of the street is so narrow that trash trucks have to back down the street as there is not enough room to turn around. He urged denial of the zone change.

Andy Sherman, a resident of St. George and volunteer for Habitat for Humanity, advised that Habitat for Humanity has built three homes in Santa Clara and had to deal with difficult issues at that time such as slopes, blue clay, pier and stem wall structures, etc., and was still successful in building inexpensive homes affordable by low income people. Habitat for Humanity does not make money by building these homes and sells them on a zero percent interest mortgage with the purpose to make the dream of home ownership possible for all people. It should be the agenda of the City to help all citizens within the community realize that dream. He commented that all issues could be resolved, and Rebecca Stucki addressed every issue with facts. By building 13 units instead of 10, Habitat for Humanity can keep the costs that much lower so the monthly payments will be affordable. He stated that the program would not bring drug addicts and low-lifes into the neighborhood, but quality people who otherwise lack a support system to afford their own home. He urged the City Council to not get distracted by issues of insignificance.


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Page Twelve

Bruce Jenkins, the attorney for Habitat for Humanity, advised that the proposed project was consistent with the character of the neighborhood, and the City Council could not decide the issue on the sole basis of public clamor. Legitimate facts in favor of the project had been presented, and the project will help to relieve congestion and provide a place for vehicles to turn around, as well as provide access to the hillside. The upper property will not be landlocked. The project will be a blended one with townhome and single family residences, not uncommon to St. George. The project is in harmony with the Master Plan, and the illegal subdivision can be cured and all problems cleared up.

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

Fire Chief Robert Stoker commented that the area in general was a real problem. Many of the roads in the area are 25' in width and inaccessible to emergency vehicles when vehicles park on the sides of the road. Some of the curbs in the area have been designated as ?no parking? but this has also become a maintenance issue. He stated that he had not seen the plans for the proposed project and could not specifically comment on them.

City Manager Gary Esplin commented that the City has learned from the past about problems with PD-sized streets in these types of developments, whether public or private, and they are an enforcement nightmare. However, the issue before the Council tonight is simply the zone change and that is all it can consider. He commented that the City has shown through its past efforts that it supports Habitat for Humanity through its low income affordable housing program, and has deferred impact fees to help with home ownership. It is also supporting Habitat for Humanity through a grant for use wherever Habitat desires to help with affordable housing. Whether the zone change is right for this area is the issue to be considered.

City Attorney Jonathan Wright commented that as to the illegal subdivision, at one point in time three divisions of a parcel of property was allowed, and he was not sure when the division of this property took place. However, before a building permit could be issued for this project, the illegal subdivision would indeed have to be rectified. Ofttimes the City is not aware of an illegal subdivision until the property is developed. As far as the Master Plan, the Planning Commission determined that the zone change request did not require a change in the Master Plan. The City Council would have to look at this and determine whether they believe the zone change request is consistent with the Master Plan, and if not, send the request back through the General Plan amendment process.

Council Member Isom commented that if the City Council approves the zone change, deed restrictions could be placed on the property.

City Attorney Jonathan Wright advised that deed restrictions cannot be made as part of a zone change.

Council Member Isom commented that she felt the petition in opposition to the zone change was signed by many people who simply did not want Habitat for Humanity there.

City Manager Gary Esplin commented that traffic, drainage, and off-site improvements will be dealt with as part of the development approval process, but tonight the City Council is simply considering a zone change from R-1-8 to R-2. With regard to drainage, he advised he had not seen anything from staff to verify Rosenberg?s findings, one way or the other.

Mayor McArthur advised that the City Council must decide if the zone change is an appropriate change for the area, fits in the area, and fits the Master Plan.



St. George City Council Minutes
December 13, 2001
Page Thirteen

Council Member Allen commented that if the zone change is granted, the area will be vested with R-2 zoning and could be used for other purposes which would not put any more density on the property than being proposed by the applicant.

Community Development Director Bob Nicholson advised that R-2 zoning would allow a duplex on 8,000 sq. ft.

City Attorney Jonathan Wright pointed out that when looking at the zone change, the City Council is not looking at the proposed project unless it is a PUD. They should consider what the proposed density would do to the area, and what impact the it would have on the neighborhood.

Council Member Allen inquired about the maximum density of R-2 zoning on an 8/10 of an acre site.

Council Member Gardner commented that the City Council must focus on the
zone change and not the proposed plan, and while he appreciated Rebecca Stucki and her staff, he did not believe the neighborhood was opposed to Habitat for Humanity but instead concerned about density issues. As he drove the streets in this area, he recognized what Chief Stoker said about narrow streets, and there is no place to turn around except by encroaching into driveways.

City Manager Gary Esplin commented this concern was germane to the zone change question because of the additional density to the area, as were safety concerns.

Community Development Director Bob Nicholson replied to Council Member Allen?s question that R-2 zoning would generally allow five duplexes on 8/10 of an acre.

Rick Rosenberg replied this was incorrect and only four duplexes would be allowed.

Council Member Orton stated that while he was supportive of Habitat for Humanity, the project was not appropriate for the neighborhood. He made a motion to deny the request. The motion was 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
Council Member Isom - no

The motion carried.

Mayor McArthur commented that denial of this request did not preclude Habitat for Humanity from proceeding by meeting the requirements of the zone. He called for a five minutes break.

Council Member Gardner and City Attorney Jonathan Wright were temporarily excused from the meeting. Deputy City Attorney Ron Read took his place on the stand.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from OS Open Space on the Bloomington Country Club golf course to R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size on .760 acre on Bloomington Drive West. Don Oborn, applicant.

Community Development Director Bob Nicholson advised the subject property is located on the fringe of the golf course. The applicant tentatively proposes three lots. There is a restroom on the subject property, and several residents

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December 13, 2001
Page Fourteen

have expressed concern that they do not want it in their backyards. There is also concern about loss of views. The Planning Commission recommended approval in the absence of any negative comments from neighbors.

Mayor McArthur commented that the City has received several requests similar to this over the years, and inquired if any of them had been granted.

Mr. Nicholson replied that six to seven years ago a similar request was received for eight to ten lots, and the City Council approved three. Any time Open Space is rezoned around a golf course there is controversy.

Council Member Orton declared a possible conflict of interest as he is a member of the Country Club, but advised he would vote.

Don Oborn, Vice President of the Bloomington Country Club, advised two membership meetings were held where this issue was discussed with the consensus being to proceed. The property consists of 400 sq. ft. of open space, with 300' proposed for development. Two areas on either side will be left as open space. He advised he personally visited with adjacent property owners and did not receive one negative response. The proposal will improve the area. There is also a serious problem with security on the golf course, and greens adjacent to the area have been damaged every year by motorcycles and four wheelers. Fencing is not desired. The restroom will be relocated. The Country Club has received tentative offers to purchase the land.

Council Member Orton advised that the City Council has been working to obtain open space. He inquired if the property could be donated to the City for use as a park.

Mr. Oborn replied it was not a good option to donate the land for a park as the area is too small, and would not solve the other problems. The Country Club would also like the money from sale of the lots. He advised he did not foresee another similar request from the Country Club. One tee will have to be moved, as well as a cart path, and the restroom will be relocated and landscaped.

Mayor McArthur opened the public hearing.

Marty Scilatta, past president of the Bloomington Country Club, advised he was not opposed to the rezoning, but was opposed to the fact that Mr. Oborn could not say where the restroom would be located. He stated he lived next to the 13th tee and understands the Club?s inclination is to move the restroom toward the back of his home. He proposed that the proposal be altered to two lots instead of three and allow the restroom to remain where it is. He stated he did not remember any membership meeting where this subject was addressed, and while the Board makes the decisions, the membership must approve them. He advised that Mr. Oborn will not be on the board as of January 1, and it is not known what the new trustees will want to do with this request. He stated that one of the reasons he purchased his lot was because of the view and the master planned community. The lots which were created a few years ago do not intrude on the fairway, but creation of these lots will. He advised that relocating the restroom will require that it be hooked to the City?s sewer system and the Country Club does not have any idea how much it will cost to move it. He stated that while he realized these issues did not apply to the zone change, they are important. The purpose of the sale is to get revenue for the Club, and there are other ways of raising revenue rather than altering a master planned community. He suggested the matter be tabled until a location for the restroom is identified.

Richard Abbott, President of the Board of Trustees, advised that the zone change would be an improvement to the area, as well as resolve safety concerns and raise revenue for the Club. He stated he advised Mr. Scilatta that the location of the restroom would not be determined until City approval was obtained, and he was sorry the internal problems of the Board were brought to


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December 13, 2001
Page Fifteen

the Council?s attention. The Board is fully in favor of the project, and the two new Trustees coming on to the Board in January are aware of the project.

Council Member Orton inquired if the neighbors across the street had been consulted about losing their views.

Mr. Oborn replied that he spoke with them and they have no problem with the project. When the restroom is moved it can be lowered, and will be landscaped.

Mr. Scilatta advised he did not want hard feelings, but would like to know where the restroom is going to be located.

Connie Keate advised that she was grateful for the opportunity to see the vistas from the property, and would rather see the view than more homes. The original planner and designer of Bloomington was inspired to keep some of the area open space, and there are still 11 vacant lots around the golf course with 12 on the interior.

Ken Keate endorsed the comments made by his wife and stated if 50' were left on each side of the proposed lots, the golf course would not have any more security than it does now. He advised that many of the residents like the open space, location of the tees, and location of the restroom as it now stands. They would also like to have a view of the course from the street. He encouraged the City Council to not alter the master planned community, and suggested the Country Club may spend more relocating the restroom than they receive from sale of the lots.

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

City Manager Gary Esplin commented that the City is supportive of the open space concept, and when an area is altered, it changes the complexion of everything else around it. This is not the first time the City has dealt with this issue and he did not know if it would be the last.

Council Member Whatcott advised he recently played in a tournament at the Bloomington Country Club, and from a personal standpoint did not see how the lots could be developed and the view blocked as the community was planned and designed with open space. He made a motion to deny the request. The motion was seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

City Attorney Jonathan Wright returned to the stand.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for Southwest Auto Sales at 696 East St. George Blvd. Jeremy Wagner, applicant.

Associate Planner Mark Bradley advised that this property has been used for auto sales in the past. The Planning Commission recommended approval with the following conditions: (1) the disabled parking be located at an appropriate location; and (2) if the access is ever removed from St. George Blvd., the four foot landscape strip is to be extended over to the property line.



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December 13, 2001
Page Sixteen

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the request subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a building to be taller than 35' at about 1500 East Foremaster Drive. David Blake, applicant.

Associate Planner Mark Bradley advised that the arch of the proposed three story medical office building will reach a height of 52', but the majority of the building will be 43'. The Planning Commission recommended approval subject to the zone change just approved by the City Council at this meeting.

David Blake advised that the elevation of the building will stay the same. There is some contemplation about an underground parking garage, but this will change the elevation. Parking will be to the east of the building. The site is seven acres.

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

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

The vote was unanimous and the motion carried.

Dean Williams commented that when the City Council approves zone changes, it opens the door for other changes. He protested the request for increased building height because the homeowners want to preserve the integrity of their homes by protecting the view. He stated that a high rise building meant more traffic, and inquired if a traffic study had been performed.

Council Member Orton advised that the City Council had no intention of hurting the residents of Meadow Creek Subdivision, but the zone change request is compatible with the master plan. Height issues are looked at on a case by case basis, and it is not unusual for a medical office building to be three stories in height and the building blends well.

Mayor McArthur commented that the City Council chose to keep the height restriction to 35' so that it could evaluate each request for increased height on a case-by-case basis.

Mr. Williams stated that residents are entitled to the security of the ordinance which restricts height to 35'.

Raymond Duke, President of the Meadow Creek Homeowners Association advised that the City has now accepted their sewer system. He advised there were 16-20 people who lived on the east side of the project who would be affected by the project.

Council Member Gardner returned to the stand.



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December 13, 2001
Page Seventeen

CLARIFICATION OF CONDITIONAL USE PERMIT:
Clarification of a conditional use permit for the Ted Warthen Center.

Associate Planner Mark Bradley advised that when the conditional use permit for the Ted Warthen Center was originally approved, the applicant was advised to work with the neighbors. The neighbors do not feel what the applicant is proposing will work. At the time of the conditional use permit approval, Mr. Birbas expressed concern with trash receptacles from the project, and the applicant stated that if a wall were required, they would put one in. The ordinance states that a 6' solid wall is required if adjacent to a residential zone, but this is a residential zone with a conditional use permit. The ordinance also states that a 4' wall or berm is required to screen the parking area, and the applicant is proposing to place a berm with trees between the building the adjacent neighbors. Mr. Birbas does not feel this is adequate and requested that the matter be reheard to determine if a wall is required.

Lou Birbas advised he represented four of the five adjacent homeowners who feel similarly - that the project has changed. He read a statement, and advised that the project has not provided a charter or mission statement, nor completed its plan as far as lighting, signs, proposed expansion, etc. The applicant has not cooperated with neighbors nor worked with the Department of Health. He requested that no building permit be issued until neighbors? concerns were satisfied.

Mayor McArthur advised that as far as licensing a hospice, this would be done by the State, not City.

City Attorney Jonathan Wright advised that a State license is required to operate a hospice, not build one.

Mr. Birbas requested that a 6' wall be built around his property for privacy.

City Attorney Jonathan Wright advised the Council is looking at the issue of requiring a wall or a berm.

Alta Graham, representing the Ted Warthen Center, advised that she has been in contact with Mr. Birbas, who has made numerous demands. She advised that many of his allegations were unfounded, and she has been in contact with the State. She clarified that the Ted Warthen Center is a respite center, not a hospice, and will be based on a similar facility in South Carolina. The Center will be a residence which takes in guests, and will be manned by volunteers. Family members will not be staying overnight unless a guest is so terminal that he or she might pass away in the night. While it is true the City Council previously admonished her to work with the neighbors, she has tried to work with Mr. Birbas. She advised that Mr. Birbas was originally concerned about the trash receptacles, and she offered to place a wall around the trash area. The Center will be located more than a neighbor away from him, and is not a commercial use. She advised that Mr. Birbas had made many demands which she had not responded to and does not intend to. He wanted the Center to sell him property or buy his property. At this point, however, all she would like is a decision by the City Council if a wall or berm is needed.

Council Member Gardner inquired how far away the Center was from Mr. Birbas? property, and was advised by Ms. Graham that there is 250' from the back of his property to the front of the Center. Ms. Graham advised there are no plans to build on the vacant property between the Center and Mr. Birbas.

City Attorney Jonathan Wright advised when the applicant originally made the request, a conditional use permit was required. However, if the use has now changed to a home for the disabled, a conditional use permit is not needed.

Ms. Graham again stated that the Center is not a commercial operation and no money will change hands. It is a 501C3 organization which accepts donations and is staffed by volunteers.

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December 13, 2001
Page Eighteen

Mr. Birbas advised that he contacted the respite home in North Carolina and they are now a school. He also checked with the State, and they had never heard of them. Apparently this was the only home of its kind in the country. He advised that he has not made demands on the Center, but simply suggestions, and he has been ignored.

Chris Amidan, a resident in the area, advised she did not have a problem with the Center, but was concerned that this was the first time she had heard it would be a respite center, as it has always been referred to as a hospice. She inquired if this change was for convenience to avoid regulations. She commented there was a big difference between the elderly and terminally ill. She expressed concern that children from a neighboring school would be susceptible to communicable diseases.

Council Member Whatcott inquired if the conditional use permit were granted for a hospice, if it needed to be reheard because the use had changed to a respite.

City Attorney Jonathan Wright advised that in this case the Center will be a residential care facility for the elderly, which would require examination of the same issues which were examined when the conditional use permit was issued for the hospice. The conditions and use are the same under the criteria established by the City, whereas a home for the disabled does not need a conditional use permit at all.

Ms. Graham advised that a respite center is a place for family members or others who take care of the elderly to take the elderly for a few days when the caretakers need a break or are going to be out of town. The elderly will not necessarily spend their last days at the Center.

Council Member Gardner inquired of Mr. Birbas if he wanted to purchase a small portion of the Center?s property to landscape.

Mr. Birbas replied that he would like a quarter of an acre.

Ms. Graham advised that the Center paid $112,500 an acre for the property.

Mayor McArthur reminded that the issue was whether to require a berm or a wall.

A motion was made Council Member Orton to require a berm all the way across the property. The motion was seconded by Council Member Whatcott.

Council Member Gardner suggested a landscaped berm surrounding Mr. Birbas? property.

Mr. Birbas stated that the berm would be 100 feet away and not do him any good.

Council Member Gardner stated that he thought moving the Center further from the adjacent homes mitigated some of the concerns of the neighborhood

Mayor McArthur called for a vote on the motion previously made, as follows:

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

The motion carried.

APPROVAL OF MOBILE CATERING LICENSE:
Consider approval of a business license for a lunch and ice cream catering truck. Julio Morales, applicant.
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December 13, 2001
Page Nineteen

A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the mobile catering license. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Isom - aye
Council Member Gardner - 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 and facility reservation for a soccer tournament to be held on January 19, 20 and 21, 2002. Firebird Soccer Club, applicant.

City Manager Gary Esplin advised that originally the applicant asked for a waiver of the fees, but was advised the City could not do this. Staff sees no problems with the request.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the special event permit. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PROPOSED PROJECT AT GREENE GATE VILLAGE:
Presentation from GGV Group, LLC regarding their proposed project in the Historic District at Greene Gate Village and exception to the Historic District restrictions on the Judd house.

Community Development Director Bob Nicholson advised that he, the City Manager, and Mayor met with a gentleman who has an option to purchase Greene Gate Village and has some plans for changes, one of which involves the possible removal of the Judd house on the corner of 100 West and Tabernacle.
The applicant met with Kim Campbell of the Historic Preservation Commission who feels the home is a valuable asset to the historic district and should not be removed. The applicant is not requesting a demolition permit for the home, but would like a philosophical discussion about Greene Gate Village in general. There are plans for replacing the home.

Council Member Allen inquired why the Historic Preservation Commission was opposed to the request when the applicant will constructia building that looks more like a pioneer building.

Mr. Nicholson replied the Commission feels home is unique.

City Manager Gary Esplin commented that the City?s concern is what will happen to Greene Gate Village if it is not viable from an economic standpoint, as it is a tremendous asset to the City?s Historic District.

Tiffany Taylor, representing V V G Group, advised they are a family-run business and have been a part of Utah for over 100 years. The family is very familiar with pioneer homes and preserving history and appreciates the historical significance of the business. Greene Gate Village is important to St. George. The Greenes are no longer financially able to continue putting their personal funds into the Village, and V V G Group would like to take on the project and

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December 13, 2001
Page Twenty

turn it into an economically viable project by sacrificing one building to save the rest. Six of the nine structures are already protected and restricted in use, and a bed and breakfast will maximize use of the property. The space where the Judd home is located is 13,000 sq. ft., and it is proposed to replace the home and add four to five more guest rooms and a banquet room to support the catering goals of the Village. A formal guest lobby will tie everything together.

City Manager suggested a joint meeting with the Historic Preservation Commission. The City has spent a lot of money purchasing the School District property to bring something such as this to the downtown area.

City Attorney Jonathan Wright explained that the demolition permit process includes a 90 day period in which the Historic Preservation Commission can review the permit and building and make their recommendation to the City Council.

Ms. Taylor expressed concern that the Historic Preservation Commission was opposed to the project, and V V G Group did not want to be denied their use of the property. She advised they were not asking the City Council for money, but merely support for the project.

A motion was made by Council Member Whatcott to help maintain the viability of Greene Gate Village. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised he would schedule a work meeting in January with the Historic Preservation Commission and the applicant.

City Attorney Jonathan Wright advised the applicant that it would be advisable to begin the permit process as the project could not be approved without seeing what will be in its place.

REPLACE FREEWAY SIGNS:
Consider approval to replace existing signs along the I-15 freeway. Dale Jones, applicant.

This matter was tabled.

PROFESSIONAL SERVICES CONTRACT:
Consider approval of a professional services contract with Carter & Burgess for program management services at the new airport.

City Manager Gary Esplin advised that a copy of the proposed tasks were included in the packet. The project would be completed in phases, with the first two phases helping to negotiate property acquisition for the new airport. The next phase would be for a feasibility study to make sure costs are in line with the budget. The City will only be contributing seven to eight percent of the total cost of the project. There are matching funds in the budget once the grant is received from the FAA. The cost of the first two tasks is $147,000.

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

Council Member Gardner - aye
Council Member Orton - aye

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December 13, 2001
Page Twenty One

Council Member Allen - aye
Council Member Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

PROFESSIONAL SERVICES CONTRACT:
Consider approval of a professional services contract with AGEC for testing of a site for the new replacement airport.

City Manager Gary Esplin explained the amount of the contract is not to exceed $89,395. The City will have to match its share of the grant.

Public Works Director Larry Bulloch advised that AGEC is a local company.

A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the professional services contract. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

TRADE OF CITY-OWNED PROPERTY:
Consider a request from Bryce Christensen for trade of City-owned property behind Star Nursery on Sunset Blvd.

City Manager Gary Esplin advised the City owns property in the City Creek Wash behind Star Nursery. Star Nursery would like to use the property to stack materials and in exchange will pipe the wash.

Bryce Christensen advised the area is 50' x 125'. He has already cleaned some of it up and hauled away 25 loads of debris. Star Nursery is in the process of buying the Pipe Connection and would like to connect the two. An 8' high wall will be built.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the trade as requested. Mayor McArthur called for a vote, as follows:

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

Council Member Whatcott - aye

The vote was unanimous and the motion carried.

DETERMINATION OF IMPACT FEE:
Determination of impact fee for IHC hospital.

City Manager Gary Esplin advised that the City?s sewer impact fee schedule ends at a 2" connection, and IHC is requesting a 6" connection. It is recommended that based on volume, the impact fee for a 6" connection be set at $56,000.

A motion was made by Council Member Isom and seconded by Council Member Allen to set the impact fee at $56,000. Mayor McArthur called for a vote, as follows:


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December 13, 2001
Page Twenty Two

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

The vote was unanimous and the motion carried.

PAYSON POWER PROJECT CONTRACT:
Consider approval of the Payson power project contract with UAMPS.

City Manager Gary Esplin advised that the Water and Power Board recommended approval of the contract.

Water and Power Director Wayne McArthur advised that this morning the City made a $6,000,000 purchase of firm power at 4.175? per kilowatt hour for the year 2002.

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

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

The vote was unanimous and the motion carried.

Council Member Isom left the stand.

WATER RIGHTS TRANSFER AND BANKING AGREEMENT:
Consider approval of a water right transfer and banking agreement with Leucadia Corp.

City Manager Gary Esplin advised that the law allows the City to enter into a water rights transfer and banking agreement. Until the water is needed by Leucadia, the City would have use of it.

City Attorney Jonathan Wright recommended that three conditions be added to the contract: (1) that it be subject to a 40 year limit, and if Leucadia?s rights are not exercised by that time, ownership of the water would convert to the City; (2) a hold-harmless clause be inserted; and (3) the exact cfs be specified in the contract.

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

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

The vote was unanimous and the motion carried.

IRRIGATION WATER POLICY:
Consider approval of a policy regarding large users of irrigation water in the City.

City Manager Gary Esplin advised that staff recommends a limit on use by developers of irrigation water to three acres of turf of less, otherwise an


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December 13, 2001
Page Twenty Three

alternative source of water will be required. The City Council will have the right to review each project on an individual basis and make a decision.

Council Member Isom returned to the stand.

Council Member Gardner inquired if the City would assist in the transfer of irrigation water rights from one area of the City to the other.

Mr. Esplin replied that the City would be flexible and assist in the substitution of water.

Council Member Gardner commented that the City was the largest irrigator and owned more irrigation water shares than anyone. He inquired if the City would be willing to make some of its irrigation water available.

Mr. Esplin replied that the City would have to be careful not to tie up its water for a long term, as it may be needed for municipal purposes.

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

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

The vote was unanimous and the motion carried.

PROPERTY EXCHANGE/DONATION AGREEMENT:
Consider approval of a property exchange/donation agreement with the Tobler Family Trust.

City Manager Gary Esplin advised that with regard to the property exchange, the City would be getting more property than it was giving up, and the property being received is needed for a trail in the Halfway Wash area.

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

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

The vote was unanimous and the motion carried.

APPOINTMENTS TO EMPLOYEE APPEAL BOARD:
City Manager Gary Esplin advised that as required by State law, appointments need to be made to the Employee Appeal Board. He recommended that two City Council members be appointed to the Board.

Mayor McArthur appointed Rod Orton and Bob Whatcott to serve on the Employee Appeal Board, with Larry Gardner as the alternate.

A motion was made by Council Member Isom and seconded by Council Member Allen to appoint Rod Orton and Bob Whatcott to serve on the Employee Appeal Board, with Larry Gardner as the alternate. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Allen - aye

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December 13, 2001
Page Twenty Four

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

The vote was unanimous and the motion carried.

APPOINTMENTS AS DEPUTY CITY RECORDER:

City Recorder Gay Cragun explained that appointment of two additional Deputy City Recorders was needed to help take minutes when the City Recorder and other Deputies are not available. She recommended that Rene Fleming and Cheyenne Harris be appointed as Deputy City Recorders.

A motion was made by Council Member Orton and seconded by Council Member Gardner to appoint Rene Fleming and Cheyenne Harris as Deputy City Recorders. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

COOPERATIVE AGREEMENT WITH UDOT:
Consider approval of and authorize the Mayor to sign a cooperative agreement with UDOT for construction of the Man O War bridge replacement project.

City Manager Gary Esplin advised that the agreement will allow the City to participate with the State on the project and is subject to attorney review.

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

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

The vote was unanimous and the motion carried.

MEMORANDUM OF UNDERSTANDING WITH STATE OF UTAH:
Consider approval of and authorize the Mayor to sign a memorandum of understanding with the State of Utah concerning the State?s contribution of $40,000 for preservation of the dinosaur tracks.

City Manager Gary Esplin explained that Senator Hickman introduced a bill in the legislature to help with the purchase of property and preservation of the dinosaur tracks. The Governor has the project in the budget, but the amount has been cut down to $40,000 in cash and $20,000 in in-kind services. The City will use the cash for purchase of the some of the property needed.

A motion was made by Council Member Allen and seconded by Council Member Isom to approve the memorandum of understanding. Mayor McArthur called for a vote, as follows:

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

St. George City Council Minutes
December 13, 2001
Page Twenty Five

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held November 8, 2001.

A motion was made by Council Member Gardner to approve the minutes as presented. There was no second. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the special City Council meeting held November 13, 2001.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the regular City Council meeting held November 15, 2001.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the minutes as presented. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss purchase of property was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
The meeting then reconvened.




St. George City Council Minutes
December 13, 2001
Page Twenty Six

AGREEMENT WITH ADLAR DEVELOPMENT:
Consider approval of an agreement with ADLAR Development for use of sewer easements granted to the City.

PROPERTY PURCHASE AGREEMENT:
Consider approval of a property purchase for the dinosaur track project.

ACCEPTANCE OF PROPERTY AND DINOSAUR TRACKS DONATION:
Consider acceptance of a property donation and donation of dinosaur tracks.

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

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

The vote was unanimous and the motion carried.

Council Member Isom was excused from the meeting.

MISCELLANEOUS DISCUSSION ITEM:

Mayor McArthur advised that Garry Pearce would like to sell 60 acre feet of water, a well, and property to offset his SID assessments. The total price is $100,000 and he will accept payments. The purchase could include 18 acres of property, 15 of which are in the floodway, 60 acre feet of water, and a well.

ECONOMIC DEVELOPMENT UPDATE:
Washington County Economic Development Director Scott Hirschi advised that the financial services center would like their incentive agreement extended from one year to six, as the events of September 11 have set them back time-wise.

He advised that a snack food manufacturer is interested in locating in St. George. The 4.3 million dollar 60,000 sq. ft. facility would create 66 new jobs. The pay scale would range from $8.75 to $17.00 an hour. The business would make significant purchases in Washington County. The St. George site is competing with one site in Arizona at a significantly less cost for the land. The business is asking for the EDA increment to make the cost of land in the Ft. Pearce Business Park less than the cost of the land in Arizona. They are considering purchase of 8-15 acres.

City Manager Gary Esplin advised that when the EDA was created, only half of the Ft. Pearce Business Park was included. The existing EDA will have to be amended or other properties substituted to meet the request.

ADMINISTRATIVE ASSISTANT TO CITY MANAGER:
City Manager Gary Esplin advised that Marc Mortensen?s job title has been changed to Administrative Assistant to the City Manager.

ADJOURN:
The meeting adjourned at 11:15 p.m.



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Gay Cragun, City Recorder