City Council Minutes

Thursday, April 17,2003



City of St. George Council Meeting
Regular Meeting
April 17, 2003
Council Chambers

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Ren? Fleming

EXCUSED:
Council Member Robert Whatcott
Council Member Sharon Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. A member of the audience led the pledge of allegiance; Community Development Director Nicholson offered the invocation.

The Mayor invited members from the Boy Scouts to introduce themselves.

Public Works Director Bullock introduced Ryan Marshall the new Transit Services Administrator.

Marc Mortensen presented a video update on department activities.

The Mayor asked Chief Stratton to make some comments regarding spring break.

Chief Stratton indicated the department is ready for spring break. The Utah Highway Patrol, the Washington County Sheriffs Office, Dixie College as well as bike patrol officers from other cities within the State will assist the officers.

CONSENT CLAENDAR:
Consider approval of the financial statement for March 2003

A motion was made by Council Member Orton seconded by Council Member Allen to approve the financial statement for March 2003. Mayor McArthur called for a vote; all voted aye, motion carried.

AWARD OF BID:
Consider award of bid for construction of Fire Station #7

Purchasing Agent Swensen indicated 10 bids were received ranging from $965,927.70 to $1,468,047.00 and recommended it should be awarded to the low bidder, Watts Construction.

The council discussed the length of time to complete the building.

A motion was made by Council Member Gardner to award the bid in the amount of $965,927.70 to Watts Construction, seconded by Council Member Allen. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider award of bid for SCADA system upgrade for the Quail Creek Water Treatment (QCWTP) facility.

Purchasing Agent Swensen indicated 3 bids were received, Technisys, Inc in the amount of $82,661.80, Risun Tech in the amount of $129,965.00 and ABB, Inc in the amount of $86,973.00. She recommended the bid should be awarded to the low bidder in the amount of $82, 6,661.80.

Council Member Gardner asked if this bid has to do with the upgrade of the plant.


St. George City Council Minutes
April 17, 2003
Page Two

Superintendent Childers indicated this upgrade to the SCADA system takes into consideration the plant expansion. It is broken out as a separate item from the plant expansion so that it could be beta tested and employees trained on the system before the plant expansion is done. He indicated several options were reviewed, staff chose the one that is state of the art.

Council Member Gardner made a motion, seconded by Council Member Allen to award the bid in amount of $82,661.80 to Watts Construction. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider award of bid for purchase of loose equipment for the new fire truck.

Purchasing Agent Swensen indicated two bids were received and recommended the bid be awarded to L.N. Curtis in the amount of $82,157.05. The low bidder substituted several things that were specified and some items in the specifications were not bid. There is a difference of $2,463.50 in the 2 bids.

Fire Chief Stoker detailed some of the individual items specified in the bid. He explained that of the 72 items in the specifications, the low bidder had 32 substitutions and a few no bids. With respect to the items that were bid the same, the low bidder was higher than L.N. Curtis.

Council Member Gardner made a motion, seconded by Council Member Orton to award the bid in the amount of $82,157.05 to L.N.Curtis. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider award of bid for upgrade of Bloomington Hills lift station.

Purchasing Agent Swensen indicated she sent out four bid packets and received one bid from Utility Management in the amount of $42,774.00. She indicated Utility Management only is the dealer for the brand of pumps in the lift station.

Council Member Allen made a motion, seconded by Council Member Gardner to award the bid to Utility Management in the amount of $42,774.00. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider Award of a blanket contract for ABB Itron meters for the Energy Services Department

Purchasing Agent Swensen indicated the blanket order is not to exceed $68,000.

Council Member Orton made a motion to approve the blanket order to ABB Itron meters, not to exceed $68,000. Motion was seconded by Council Member Gardner. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a change order for architectural services for Fire Station #7

Purchasing Agent Swensen indicated this change order is for modifications to the design of Fire Station #7 in the amount of $27,558.90.

Council Member Allen made a motion, seconded by Council Member Orton to approve the change order in the amount of $27,558.90. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of an ordinance prohibiting speeding in parking lots

Prosecuting Attorney Myers indicated this ordinance addresses the concern, primarily because of young people, of driving too fast in commercial parking lots or in public parking lots. There is a lot of concern due to pedestrians and the number of cars in parking lots and also sometimes there are gas pumps in the lots. Police Officers can only ticket offenders for reckless driving, which is difficult to prove in court. He explained this request is made primarily out of a need for safety. Staff is proposing the current law regarding exhibition driving or speeding too fast for conditions


St. George City Council Minutes
April 17, 2003
Page Three

apply to parking lots. It would be a class C misdemeanor, which is the same level as a traffic ticket.

Mayor McArthur asked what determines speeding or being unsafe.

Prosecuting Attorney Myers indicated that if there is a speed limit posted that would determine driving too fast for conditions. If not, the judge would make the decision after looking at how many cars and people were in the area.

Council Member Gardner commented the decision would be subject to a 3rd party making the determination of reckless driving in the absence of anything posted. He asked if there is anyway to make it less vague or arbitrary. He suggested asking property owners post speed limit signs.

Council Member Orton expressed concern regarding the problem in the school parking lots, and indicated the resource officers currently can do nothing about the reckless driving. The ordinance would solve this problem. He suggested it would be appropriate to let schools know that this ordinance is passed.

City Attorney Guzman explained this is not an attempt to patrol parking lots. This is an ordinance that would allow these types of drivers to be cited.

Council Member Orton made a motion to approve by ordinance amending Chapter 7 Title 10 of the City code, seconded by Council Member Gardner with encouragement that staff notifies merchants and schools to post parking lot speed limits. Mayor McArthur called for roll call vote.
Council Member Gardner, aye
Council Member Allen, aye
Council Member Orton, aye
Motion carried.

Consider adoption of a resolution approving the State of Utah Municipal Wastewater Planning Program Self-Assessment Report for 2002.

Water Services Director Barnum explained the system is in great shape, the number of points is low which indicates a high rating. The high rating is good, but it lowers the eligibility to for State funding because the funding is based on need.

Council Member Gardner made a motion to pass the resolution, seconded by Council Member Orton. Mayor McArthur called for a roll call vote.
Council Member Gardner, aye
Council Member Allen, aye
Council Member Orton, aye
Motion carried.
.
Report from the Planning Commission meeting held April 8, 2003.

Community Development Director Nicholson indicated the Planning Commission at it?s meeting on April 8, 2003 recommended that a public hearing be scheduled on Thursday May 15, 2003 at 5:00 PM to consider approval of a request to amend the General Plan Land use map for property located between Foremaster Ridge, 1990 East, north of Foremaster Drive and Riverside Drive and south of the new Primrose Point (future) subdivision from Low Density Residential and Commercial and Medium Density Residential to Commercial. Randy Simonsen is the applicant.

Council Member Allen asked if this is this the 3rd area they are applying for?

Community Development Director Nicholson indicated it is the one area.

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


St. George City Council Minutes
April 17, 2003
Page Four

FINAL PLAT APPROVAL

Community Development Director Nicholson indicated the Planning Commission at it?s meeting on April 8, 2003 recommended the council consider approval final plats for Crimson Cliffs Phase 2 with 32 single family lots located at 2580 East 2150 South and Kachina Springs East at Entrada with 45 single family detached units located on Entrada Trail off of Snow Canyon Parkway.

Council Member Orton asked if the plats are ready for the Mayors signature.

Community Development Director Nicholson indicated the plats are close to being ready for the Mayors signature.

Council Member Orton made a motion, seconded by Council Member Allen to approve both final plats and authorize the Mayor to sign both. Mayor McArthur called for a vote; all voted aye, motion carried.

BUILDING PERMIT IN LITTLE VALLEY

Community Development Director Nicholson indicated the Planning Commission at it?s meeting on April 8, 2003 recommended the council consider approval of a request for a building permit for Ralph Seegmiller on a parcel which is approximately 37.5 acres located in the Little Valley area at about 3000 East and 3000 South in an A-1 Zone. He explained the building permit is a request for 2 homes. The request went to the Planning Commission because there is not a dedicated road to the parcel, but there is a private lane. There would be a 66? right of way on the north property line. 3000 East is projected to be an 80 foot wide right of way so the City would request that ? the right of way be dedicated to the City and that 25 feet of asphalt be installed from the canal at the intersection of 3000 East and Seegmiller Drive to the proposed dwelling.

Council Member Orton asked if the applicant would be required to pave all the roads around the 37.5 acres.

Community Development Director Nicholson indicated that at sometime that property may be subdivided and the roads would need to be improved at before that was approved.

There was discussion concerning how to accommodate the applicant. There would need to be a written agreement signed by the applicant regarding road improvements.

Phillip Seegmiller addressed the council. He explained that in order to settle the estate at the time of the death of his father it was decided to split off 2 acres for his mother and the remaining acreage to remain in the Seegmiller trust. At this time 2 family members want to build homes on the remaining acreage and also at this time they could not afford to make those improvements.

Council Member Orton commented that if there is development the applicant would be responsible for the some of the improvement costs.

There was discussion of a possible Special Improvement District (SID) which would mean the applicant will have to participate in the cost of road and other improvements.

Council Member Gardner asked if the Seegmillers would be willing to participate in the SID if it came up.

Mr. Seegmiller indicated the family would participate.

Mayor McArthur explained what an SID is and commented that at this time the council doesn?t know if there will be an SID. He reviewed the problems in Little Valley with SID?s.

Mr. Seegmiller asked if he has about 3.5 acres of roads that the City wants to be dedicated, how that is done.

Mayor McArthur indicated Mr. Seegmiller would dedicate the property to the City but use it as he has been; the dedicated property is removed from the tax roll.

St. George City Council Minutes
April 17, 2003
Page Five

An unidentified member of the audience asked if they would have to move fences.

Council Member Orton explained that at the time of an SID, if the neighbors wanted an improvement and an SID is done, the Seegmillers as property owners would be required to participate. There could be thousands of dollars worth of improvements required to bring their property into compliance.

There was discussion and explanation regarding when an SID is declared and how payments are made.

Mr. Seegmiller indicated that currently there are only 2 roads within the City limits and that it is his family?s intention not to develop.

Council Member Gardner asked City Attorney Guzman if it is possible, by way of agreement to have the property owners agree to donate property at the time a road is required but not deed it to the City right now.

City Attorney Guzman indicated it is possible, but he is not sure if it will solve the issue of allowing homes to be built without a road being dedicated.
There was discussion concerning access to the property and the possibility of not requiring the street to be dedicated. Currently the owners access the property via the canal. There was discussion concerning the possibility of future roads in the City?s master plan.

Council Member Orton emphasized that when the area is developed the property value will go up and the property owner is responsible for the cost of road improvements. He indicated the master plan roads should be followed as closely as possible.

Mr. Seegmiller asked if the roads all the way around the property will have to be dedicated at this time.

Community Development Director Nicholson indicated there are 3 master planned roads, one each on the north, south and 3000 east.

City Attorney Guzman asked where on the property will the 2 homes be built.

Mr. Seegmiller indicated where the homes will be built.

Community Development Director Nicholson indicated the Fire Marshal will require a fire hydrant near the homes, although he wasn?t sure of the maximum distance a hydrant could be from the homes.

Council Member Orton made a motion to allow 2 building permits on 37.5 acres and require dedication of the roadways.

Community Development Director Nicholson asked about the paving the road as it becomes an issue for emergency vehicles.

Council Member Gardner suggested the paving should be done at the time of development.

Council Member Orton indicated he did not include paving in his motion, nor would he include it in the motion.

Mayor McArthur indicated the Seegmillers would be allowed to build on the 37.5 acres, but with the dedication of roads with continued use as is.

Council Member Allen seconded the motion with a delayed improvement agreement.

City Attorney Guzman asked for clarification of which 3 roads will be dedicated.

Community Development Director Nicholson explained the Planning Commission recommended one of the north, 3000 East and on the south property line.

St. George City Council Minutes
April 17, 2003
Page Six

There was discussion on how dedication works. It protects the property owner from having a road going right through the middle of their property. Once it?s dedicated that portion of the property is removed from the tax rolls and use can continue as it is unless an SID is declared. The dedication establishes where the road would be.

City Attorney Guzman clarified the motion, the council is only approving permits for the 2 homes, and the property would have to be properly subdivided if any other homes are built.

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

City Attorney Guzman commented that the applicant needs to work with Deputy City Attorney Reed to get the dedications in place.

Review the conditional use permit previously issued for gravel and sand excavation on approximately 50 acres along the Ft. Pearce Wash in the Little Valley area.

Community Development Director Nicholson explained that in August 2000 a conditional use permit was approved for a gravel and sand excavation operation on approximately 50 acres subject to 3 conditions. He detailed the 3 conditions. The applicant made a 10 year proposed plan. The Planning Commission is recommending a 3 year approval. He indicated there have been some complaints about dust, noise and traffic.

Mayor McArthur asked if staff has considered requiring a review of all the gravel pits in the area at the same time and extending the permits together. He explained he has letters in support of the applicant, some of the letters suggest some of the dust problem comes from development.

Community Development Director Nicholson indicated the residents in the area hope that some of the area will be cleaned up and the quarry will move away from the residential areas.

Bryce Christensen addressed the council. He explained this is an M1 zone and that some of the property may be sold to Star Nursery. He explained Sunroc and other commercial businesses are in the area and are not moving.

The group discussed what is being done for dust control. Mr. Christensen waters the road daily. The gravel crusher is shut down when the wind is blowing certain directions so as not to contribute to the dust problem.

The council discussed the need to review these issues only if there are problems with the understanding that staff will review them yearly.

City Attorney Guzman indicated staff could review the facilities on an annual basis and if they are out of compliance or if the 3 year review period is completed, then the operator would have to come before council.

The council discussed when reclamation has to be done. It is not clear as to when reclamation would be required to be completed.

Mayor McArthur invited anyone who wants to speak to come to the microphone.

Kevin Ence, a developer of the Knolls addressed the council. He doesn?t want the M1 zone to be allowed to go any further north. Most of the trucks go down the Little Valley Road, which is a concern. He supports some kind of a light commercial use.

Community Development Director Nicholson indicated staff wants to keep the industrial zoning where it is and not allow it to go any further north.

Council Member Orton made a motion, seconded by Council Member Allen to extend the conditional use permit for 3 years subject to staff review on a yearly basis and bring it back to the council if there are problems.

City Attorney Guzman indicated he would want the developer to adhere to the phasing plan.
St. George City Council Minutes
April 17, 2003
Page Seven

Council Member Orton amended the motion to include the applicant will stay within the phasing plan.

Community Development Director Nicholson summarized that the council is approving a conditional use permit for 3 years. At the end of 3 years the permit will terminate.

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

PUBLIC HEARINGS

Consider approval of an ordinance changing the zone from R-1-10 to PD Residential on 23.38 acres located on the east side of the Snow Canyon Parkway adjacent to the Dixie Downs Road and Snow Canyon Parkway intersection. Blaine Webber, applicant

Community Development Director Nicholson indicated the zone is located between Snow Canyon Parkway and Castle Rock subdivision. The property is owned by SITLA. The proposed development will have 91 single level town home units. A public street will connect into the Castle Rock development and the remaining streets will be private roads. There will be no privacy gates. The main issue the Planning Commission dealt with concerned road layout and connectivity issues and whether road is private or a public street. A future traffic signal is proposed at Dixie Drive. The Planning Commission recommends approval.
Randy Deschamp made a presentation regarding this request.

Mayor McArthur declared the public hearing open and invited anyone wishing to speak to come to the microphone. Seeing none present to address the council he asked the council for comments.

City Attorney Guzman asked about the odd shaped lots.

Randy Deschamp replied it is designated as open space.

City Attorney Guzman indicated it needs to be shown that way on the plan.

Council Member Orton made a motion seconded by Council Member Gardner, to approve the ordinance changing the zone from R-1-10 to PD Residential on 23.38 acres located on the east side of the Snow Canyon Parkway adjacent to the Dixie Downs Road and Snow Canyon Parkway intersection. Mayor McArthur asked for a roll vote.
Council Member Gardner, aye
Council Member Allen, aye
Council Member Orton, aye
Motion carried unanimously

Consider approval of a zone change from C-2 to C-3 for .20 acre located at 32 North 800 East. Bill Telford, applicant

Community Development Director Nicholson indicated Mr. Telford has purchased .20 of an acre as well as the Campus Villa and would like to expand the student housing. He is requesting a change in the zoning of the .20 acre and also requesting a conditional use permit for expanding the Campus Villas. The Planning Commission recommends approval subject to the parcels being combined into one parcel, eliminating any property lines that separate the parcels or to have some cross access/cross usage agreements in the event some of the parcels were sold off separately.

Mayor McArthur asked if there is a problem with consolidating the parcels.

Bill Telford indicated he needs to keep them separate due to two different financing arrangements.

Mayor McArthur declared the public hearing open and invited anyone wishing to speak to come to the microphone. Seeing none present to address the council he asked the council for comments.

St. George City Council Minutes
April 17, 2003
Page Eight

Community Development Director Nicholson indicated the plans have already been submitted. Mr. Telford is pretty committed to student housing.

Council Member Gardner made a motion, seconded by Council Member Allen to approve by ordinance a zone change from C-2 to C-3 for .20 acre located at 32 North 800 East. Mayor McArthur asked for a roll vote.
Council Member Orton, aye
Council Member Allen, aye
Council Member Gardner, aye
Motion carried unanimously

Community Development Director Nicholson asked the council to take action on the conditional use permit.

Council Member Gardner moved to approve conditional use permit as long as a cross use agreement approved by the City Attorney is included. The motion was seconded by Council Member Orton. Mayor McArthur asked for a roll vote.
Council Member Orton, aye
Council Member Allen, aye
Council Member Gardner, aye
Motion carried unanimously

Consider approval of amendments to Chapter 19 of the Zoning Ordinance regarding various permitted and conditional uses in the C-1, C-2, C-3 and C-4 zones. City of St. George, applicant.

Mayor McArthur explained this public hearing was not advertised properly, however, the council will hear comments although the item will be continued to the meeting on May 15, 2003.

Community Development Director Nicholson explained the purpose of item is to clean up the list of conditional use permits in chapter 19. There is a lot of duplication of uses in the 4 zones. He reviewed the currently permitted uses and detailed the new additions.

Mayor McArthur declared the public hearing open for comments, although the council won?t be taking action tonight, the hearing will be continued until May 15, 2003.

Dean Terry addressed the council and indicated the chapter 19 change should be defined and the public should be informed before this change is made.

Mayor McArthur indicated the agenda information is available to the public.

Council Member Gardner made a motion, seconded by Council Member Allen to continue the public hearing until May 15, 2003. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a license agreement with Dixie State College to use a portion of their property to construct a transit center.

City Manager Esplin arrived at 6:10.

Public Works Director Bullock explained the transit center has been designed. To make the facility meet the needs of the community additional land is needed. This needs to be formalized with a licensing agreement.

Council Member Allen made a motion, seconded by Council Member Orton to approve a license agreement with Dixie State College to use a portion of their property to construct a transit center.

Council Member Gardner asked if the center will look like the pictures the council has seen previously.


St. George City Council Minutes
April 17, 2003
Page Nine

Public Works Director Bullock replied it would.

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

Consider approval of an agreement with the Washington County Water Conservancy District (WCWCD) with regard to the regional pipeline.

City Manger Esplin explained the agreement with the WCWCD is for a connection on the regional pipeline to connect to the Little Valley area, the City will pay for the extension in the line.

Council Member Gardner made a motion, seconded by Council Member Orton to approve the agreement with the WCWCD with regard to the regional pipeline. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a Commercial Operating Agreement with USA FlightNet Inc. at the St. George Municipal Airport.

Airport Manager Ulane made a presentation regarding this issue. He indicated the Airport Board recommends approval.

Council Member Orton made a motion, seconded by Council Member Allen. Mayor McArthur called for a vote; all voted aye, motion carried.

Airport Manager Ulane indicated the FAA announced the selection of a firm to prepare the Environment Assessment. He will start working with the firm on the scope of work in the next few weeks. The FAA has reaffirmed their commitment to the airport.

Consider appeal of a beer license denial for Las Palmeras Restaurant.

City Manager Esplin indicated this request was denied by Business Licensing because it?s within the proximity limitation. Staff feels there are some special circumstances as there are other restaurants serving alcohol in the Phoenix Plaza and the State Liquor Store is located there as well. The church in the Phoenix Plaza supports the application and recommends council approval.

Council Member Orton moved to approval a beer license for Las Palmeras Restaurant, seconded by Council Member Allen. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of an engineering contract with Alpha Engineering to design and provide CMA on an irrigation line from Riverside Drive to the Southgate pond.

City Manager Esplin explained the Construction Management Agreement is requested because of the drought conditions. Staff is looking at all the ways to bring irrigation water to the golf course and parks. This would extend the line under the freeway and possibly bring water from the fields and take to the Southgate areas and Tonaquint Park. This will also allow reuse water to be pumped to the pond and used to irrigate some of the schools. It is projected to be about $180,000. He indicted this is an efficient way to use irrigation water shares.

Council Member Allen made a motion, seconded by Council Member Orton to approve an engineering contract with Alpha Engineering to design and provide CMA on an irrigation line from Riverside Drive to the Southgate pond. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of an Addendum to Interlocal Agreement Governing the Use of the Washington County Justice Court by the City of St. George

City Manager Esplin indicated the County would like to amend the agreement because they want to build new courts. The amendment would commit the City to continue using the Justice Courts for the next 2 years. If the City chooses to have its own courts, we are agreeing to lease the

St. George City Council Minutes
April 17, 2003
Page Ten

County facilities for an additional 3 years. The revenue split and operation would remain the same. Staff is comfortable with the current administration and the way it is running now.

Council Member Orton made a motion, seconded by Council Member Allen, to approve an Addendum to Interlocal Agreement Governing the Use of the Washington County Justice Court by the City of St. George. Mayor McArthur called for a vote; all voted aye, motion carried.

New business

Mayor McArthur indicated he had a call from Kachina Springs, indicating there is no map on how to get to Kachina Springs in the event of an emergency.

Fire Chief Stoker indicated the maps have been updated in the last month and explained sometimes dispatch is called for directions as it?s hard to keep the maps updated due to the amount of growth within the City. Generally dispatch will keep the caller on line if directions are needed.

Minutes

Council Member Gardner made a motion, seconded by Council Member Allen to approve the minutes of March 27, 2003 as presented. Mayor McArthur called for a vote; all voted aye, motion carried.

Council Member Orton made a motion, seconded by Council Member Gardner to approve the minutes of April 3, 2003 as presented. Mayor McArthur called for a vote; all voted aye, motion carried.

Adjournment

Council Member Allen made a motion to adjourn, seconded by Council Member Gardner. Mayor McArthur called for a vote; all voted aye, motion carried.

Minutes Recorded by:



Ren? Fleming - Deputy City Recorder Date