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ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 25, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS
PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Larry Gardner
City Manager Gary Esplin
Deputy City Attorney Ron Read
City Recorder Gay Cragun
EXCUSED:
Council Member Sharon Isom
Council Member Suzanne Allen
OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Steve Urquhart and the invocation was offered by KB.
Mayor McArthur read and then signed a proclamation declaring July 26, 2002 as Americans with Disabilities Day in the City of St. George.
Mayor McArthur announced that since there were only three Council Members present, a unanimous vote would be required in order for any motion to pass. Therefore, any applicant wishing to remove his or her item from the agenda was welcome to do so.
Mayor McArthur announced that item 6A4 to consider a request for approval to replace and expand an existing non-conforming carport at 124 South 200 East, and item 6A5 to consider a request for approval of a conditional use permit for an RV park for 55 and older in a Mobile Home zone at approximately 2000 South and east of 2580 East, were tabled from the agenda. Item 6A5 was tabled at the request of the applicant for 30 days.
AWARD OF BID:
Consider award of bid for the purchase of chip seal oil for the annual
chip seal project.
Purchasing Agent Sue Swensen presented four bids received:
Paramount Petroleum $111,905
Crown Asphalt $116,886
AT Asphalt $123,375
Western Emulsions, Inc. $132,825
She recommended award of the bid to the low bidder, Paramount Petroleum, in the amount of $111,905.
A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to Paramount Petroleum in the amount of $111,905. Mayor McArthur called for a vote, as follows:
Council Member Orton - aye
Council Member Gardner - aye
Council Member Whatcott - aye
The vote was unanimous and the motion carried.
ORDINANCE:
Consider approval of an ordinance amending Title 5, Chapter 2, Section 15, St. George City Code, relating to proximity limitations for alcohol licenses.
Deputy City Attorney Ron Read explained there were a few places within the City where existing businesses with alcohol licenses are located within the proximity
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July 25, 2002
Page Two
limitation to sensitive facilities, such as schools, churches, parks, etc. The City has received a request to amend its ordinance to allow location of other alcohol vendors if there is one nearby which already violates the proximity limitation, as long as location of additional alcohol vendors are further away.
City Manager Gary Esplin advised that the City Council does not have to approve the change, as the applicant will have to make a case of why the application should be approved, and the City Council can evaluate the request.
Council Member Gardner commented he thought the main focus of the issue was on impacts, and if the proposed amendment solves some of the existing conflicts throughout the City and allows the City Council to look at the issue more broadly, this was fine.
Deputy City Attorney Ron Read explained that if an application is received for a liquor outlet which is within the 600' or 200' proximity limitation, but adjacent to another facility which currently violates the proximity limitation, there is a presumption that the new outlet will not create any more impact. The presumption rebuttal would be to find an impact the secondary outlet would create, and then the request can be denied. Otherwise, it would be allowed.
Council Member Whatcott questioned if the proposed amendment would give a second liquor outlet a presumptive right to locate within the proximity limitations of the ordinance.
Deputy City Attorney Ron Read replied that it would, as long as the second outlet were further away from the sensitive facility than the first outlet. The presumption would be that they could locate there unless the City Council found detrimental impacts.
Mayor McArthur explained that currently the City's ordinance would not allow location of a second facility within a proximity limitation.
Council Member Orton suggested it made more sense to give a variance.
Deputy City Attorney Ron Read explained that the way the amendment is worded now, the City would have to rebut the presumption, but this could be changed to require the applicant to show there would be no detrimental impacts.
Council Member Whatcott commented he preferred that the applicant have to justify no detrimental impacts, rather than the City have to rebut the presumption.
Deputy City Attorney Ron Read stated that he would meet with the applicant to see if a change could be agreed upon to keep the burden of proof on the applicant.
City Manager Gary Esplin commented that the change would not have to be approved by the applicant, and the City is under no obligation to do so.
Council Member Orton commented that if the City approves the amendment, other areas of the City will be opened up for liquor outlets.
Gary Kuhlmann, representing the applicant, Mira Monte, commented that the City's current ordinance provides for a variance, and the City Council can find undue hardship and issue a variance. However, to deal with existing conflicts and impacts, the proposed amendment is recommended. He stated it would be difficult to present an application to the City Council and show no adverse impacts. The only way impacts can be shown is by what has happened in the past. If there have been conflicts created by an existing use, it would be easy for the City Council to say there is a record of conflicts, and the applicant would not be able to prove otherwise. This is why the amendment was drafted.
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July 25, 2002
Page Three
Council Member Whatcott stated the burden of rebuttal should not be put on the City. He stated he believed the amendment is contrary to the City's current proximity limits and this is not the City's intent.
Council Member Orton stated he hated to see the current standards relaxed, but agreed there were certain facilities not impacted, and they should be allowed equal privileges.
City Manager Gary Esplin suggested the item be tabled until the next City Council meeting so that further study can be made and all Council Members are present.
It was the consensus of the City Council to table the matter until the City Council meeting of August 1.
Mayor McArthur again announced that Items 6A4 and 6A5 were tabled from the agenda.
SPECIAL EVENT PERMIT:
Consider a request for approval of a special event permit to use the J. C. Snow Park for a multi-cultural musical and art festival on October 19, 2002.
KB, applicant, explained the event is a cultural festival and learning experience for families and will include music, dance, and other events.
City Manager Gary Esplin stated that staff's concern is that the event not involve the skate park based on past experiences with special demonstrations in the skate park.
Council Member Whatcott inquired of the applicant if he had seen the recommendations from the Leisure Services Department.
KB replied that he had not seen the recommendations, but he would like to have a professional skateboarder do a half-hour demonstration at the skate park.
Mayor McArthur explained that several of the Leisure Services Department's recommendations were that the park not be reserved exclusively for the event, the applicant would have to provide culinary water for the food booths, and that there be no admission charge to the event, as the park is not to be used for commercial activities.
KB replied that he would not charge admission, but was raising funds for various charities.
Council Member Orton inquired if all the funds raised would go to charities.
KB replied that not all of the funds would go to charities, as there would be some profit for Heaven Productions.
City Manager Gary Esplin explained that the City would not provide staging. He stated that if the Council agrees that the concept is acceptable, staff will work out the details with KB for the permit. It is understood that the entire park cannot be used, the applicant will have to provide culinary water to the food booths, no admission charge can be made, and the skate park will remain open to everyone.
A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the special event permit subject to the recommendations of the Leisure Services Department, no admission charge, and the skate park will remain open to everyone. Mayor McArthur called for a vote, as follows:
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July 25, 2002
Page Four
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Orton - aye
The vote was unanimous and the motion carried.
72 HOUR LIQUOR PERMIT:
Consider a request for approval of a 72 hour liquor permit for the Utah Association of Realtors convention to be held at the Dixie Center on September 11, 12 and 13, 2002.
City Manager Gary Esplin explained staff had no problem with the request, but the applicant will need to submit an application to the City and pay the appropriate fee before the approval form is signed by the Mayor.
A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the request. Mayor McArthur called for a vote, as follows:
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
The vote was unanimous and the motion carried.
CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a church to be located in an Open Space zone adjacent to the intersection of Pioneer Road and Sugar Leo Road. Rick Nerud, applicant.
Associate Planner Mark Bradley advised that staff has concerns with the site with regard to drainage and access. The Planning Commission recommended approval subject to the following conditions: the metal portion of the building be stuccoed on all four sides in an earth tone color, the front entryway roof to be tile per the sketch, the metal roof to have an earth tone color, the final elevation drawings to be submitted to the Planning Commission for approval when the building design is completed, and drainage and access be approved by City staff.
Mr. Bradley commented that the area is visual from I-15 and is important to the community as an entrance to the City. He advised that there are also plans to enlarge the site, expand the building use, and provide parking separate from the site.
Mr. Nerud, Pastor of the Calvary Chapel, advised that the new facility will be 12,000 sq. ft. He stated the facility will fit great with the community, will be stuccoed in an earthtone color, and additions will be added to the front of the building to break up the outline. There will also be fountains and desert landscaping for a campus-type setting. Mr. Nerud advised that another building to the north will be built at some point in the future, as will parking on the other side of the street. Several neighbors attended the Planning Commission meeting and were supportive of the project.
A motion to approve the request subject to the recommendations of the Planning Commission was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:
Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye
The vote was unanimous and the motion carried.
APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held July 9, 2002.
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July 25, 2002
Page Five
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 Gardner - aye
The vote was unanimous and the motion carried.
Mayor McArthur called for a five minute break.
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 on 4.16 acres located on the northeast corner of 280 North Mall Drive. Brad Stucki, applicant.
Associate Planner Mark Bradley advised that the subject property is located directly south of The Boulevard Home Furnishings store and is the only undeveloped land in the area. The requested zoning is in line with the master plan, and the Planning Commission recommended approval.
Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.
Brad Stucki, applicant, advised that the area would be used for offices, but there were no specific plans or uses at this time. He stated that residents of Santa Fe would prefer there not be an entrance off 280 North, and he will develop the project accordingly.
A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the request by ordinance, with no access off 280 North Street. Mayor McArthur called for a roll call vote, as follows:
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye
The vote was unanimous and the motion carried.
PUBLIC HEARING/ZONE CHANGE/ ORDINANCE:
Public hearing to consider a request for a zone change from RE-37.5 Residential Estates to RE-20 Residential Estates on 4.62 acres located at 750 North 1250 West. Brad Griffiths, agent.
Scott Walker, applicant, distributed a proposed site plan and advised that he proposes to develop a culdesac and eight lots on the property, each lot a minimum of 20,000 sq. ft. The front and sides will be fenced, and the zoning will allow two horses on each lot.
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 request by ordinance. Mayor McArthur called for a roll call vote, as follows:
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
The vote was unanimous and the motion carried.
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July 25, 2002
Page Six
PUBLIC HEARING/AMEND ZONING ORDINANCE:
Public hearing to consider an amendment to the Zoning Ordinance, Chapter 17, Planned Developments, regarding residential side and rear yard setbacks, and Chapter 24, definitions for a basement, story, and story above ground. Initiated by the City of St. George
Associate Planner Mark Bradley explained the proposed changes to the Zoning Ordinance with regard to side and rear setbacks, and definitions for a basement, story and story above grade. He stated the definitions are those of the IBC and are also consistent with the International Residential Code.
Council Member Whatcott questioned the disparity in requirements for rear yard setbacks between PDs, and between a PD and a single family zone. He commented he thought there should be more separation between a PD and single family zone.
Mr. Bradley stated the City Council may want to consider this change.
Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.
A motion was made by Council Member Whatcott to approve the amendment to the Zoning Ordinance, with the recommendation that consideration be given to making the rear yard setbacks equal as discussed. The motion was seconded by Council Member Gardner. Mayor McArthur called for a vote, as follows:
Council Member Whatcott -aye
Council Member Gardner - aye
Council Member Orton - aye
The vote was unanimous and the motion carried.
MISCELLANEOUS:
Gary Holmes commented he was discouraged with the City Council's decision to discontinue funding of D.A.R.T.S.
Mayor McArthur explained the City Council's decision was to no longer fund D.A.R.T.S. in its present form but to pursue alternatives to serve those who currently use D.A.R.T.S.
Council Member Gardner stated that any one with suggestions was welcome to contact the City.
Belinda Tanninghill, a single mother of two boys, commented that she needed the bus for transportation.
An unidentified man in the audience suggested that an on-call system for the handicapped be implemented.
Marc Mortensen advised that he will try and determine different level of services along with associated costs for the City Council's review.
Sandra Poulter commented that she needed the bus system.
FIRE DEPARTMENT UPDATE:
Fire Chief Robert Stoker explained that fire calls were down this month, while calls for service were up, and there no fires reported on July 24.
POLICE DEPARTMENT UPDATE:
Police Chief Marlon Stratton advised that three motorcycles were ordered and should arrive within three weeks. He updated the City Council on a recent possible child abduction and burglary, and advised that a Citizens Academy will begin August 13.
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July 25, 2002
Page Seven
ADJOURN:
A motion to adjourn was made by Council Member Orton and seconded by Council Member Gardner. Mayor McArthur called for a vote, as follows:
Council Member Orton - aye
Council Member Gardner - aye
Council Member Whatcott -aye
The vote was unanimous and the motion carried. The meeting then adjourned.
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Gay Cragun, City Recorder |
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