City Council Minutes

Thursday, August 19,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING AUGUST 19, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Sharon Isom Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Rod Orton Councilmember Bob Whatcott City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Mayor Daniel D. McArthur OPENING: Mayor Pro Tem Isom welcomed all in attendance and called the meeting to order. The invocation was offered by Councilmember Allen, and the flag salute was led by Councilmember Gardner. Mayor Pro Tem Isom advised that the public hearing to consider creation of Special Improvement District 99-2 in the Bloomington Ranches area was stricken from the agenda as enough opposition to the district was received by the City to defeat creation of the district. City Manager Gary Esplin advised that the City had received letters protesting creation of the SID from 65% of the property owners affected. PRESENTATION OF WASHINGTON COUNTY FAIR BOARD HERITAGE AWARD: St. George Princess Royalty presented the Mayor Pro Tem and City Council with the Washington County Fair Board Heritage Award for the most beautiful float in the Washington County Fair Parade. PRESENTATION FROM WORKERS COMP: Linda Baker, representing Workers Comp, presented the Mayor Pro Tem and City Council with a dividend check for 1998 in the amount of $52,965.17. City Manager Gary Esplin explained the check was a rebate due to the low amount of worker comp claims made during 1998. APPROVAL OF FINANCIAL STATEMENT: Consider approval of the financial statement for July, 1999. A motion was made by Councilmember Whatcott to approve the financial statement for July, 1999 as presented. The motion was seconded by Councilmember Orton, and all voted aye. BID OPENING: Consider award of bid for a blanket purchase order for Badger water meters for the Water Department. Purchasing Agent Sue Swensen advised the water meters were a sole source item and the only meters approved by the City for residential use. She recommended approval of a blanket purchase order with Hydro Specialties for purchase of the water meters in the amount of $60,000. A motion was made by Councilmember Allen to approve a blanket purchase order in the amount of $60,000 with Hydro Specialties for purchase of water meters. The motion was seconded by Councilmember Gardner, and all voted aye. City Council Minutes August 19, 1999 Page Two BID OPENING: Consider award of bid for a blanket purchase order for the purchase of Metron water meters for the Water Department. Purchasing Agent Sue Swensen advised the water meters were a sole source item and the only meters approved by the City for commercial use. She recommended approval of a blanket purchase order with Metron Meter for purchase of the water meters in the amount of $60,000. She explained that many meters for both residential and commercial use were examined by the City?s Water Department, and the Metron and Badger meters were found to be the best for the City?s purposes. She advised that while the City does not bid the product, it does competitively negotiate prices with the supplier. A motion was made by Councilmember Gardner to approve a blanket purchase order in the amount of $60,000 with Metron Meters for purchase of water meters. The motion was seconded by Councilmember Whatcott, and all voted aye. BID OPENING: Consider approval of a blanket purchase order for sludge disposal at the Washington County landfill. Purchasing Agent Sue Swensen requested that this item be stricken from the agenda, as credit has been given to the City for its purchase of a front end loader for use at the landfill, and this credit will be used to pay off the City?s sludge disposal bills for approximately two years. BID OPENING: Consider purchase of police vehicles under the State contract. Purchasing Agent Sue Swensen recommended the purchase of seven police vehicles through the State contract with Butterfield Ford in the total amount of $144,305. She explained that St. George Ford was given the opportunity to meet the price, but their bid was $7,000 higher. Councilmembers inquired if all local automobile dealers were given the opportunity to match the price, and Ms. Swensen explained that only St. George Ford could supply the Crown Victoria, the preferred vehicle. A motion was made by Councilmember Orton to approve purchase of seven police vehicles through the State contact with Butterfield Ford in the total amount of $144,305. The motion was seconded by Councilmember Allen, and all voted aye. BID OPENING: Consider purchase of a ten wheel dump truck under the State contract. Purchasing Agent Sue Swensen recommended purchase of a ten wheel dump truck through the State contract with Lake City International Trucks in the amount of $90,417. City Manager Gary Esplin advised the dump truck would be used primarily by the Streets Department, but would be shared with other departments as needed. A motion was made by Councilmember Gardner to approve purchase of a ten wheel dump truck through the State contract with Lake City International Trucks in the amount of $90,417. The motion was seconded by Councilmember Whatcott, and all voted aye. City Manager Gary Esplin explained that the State bids certain items annually throughout the entire state and then makes these items available to local communities at the bid price. The City?s ordinance provides that if City Council Minutes August 19, 1999 Page Three a local vendor can meet the price within 5%, the bid will be awarded to the local vendor. RESOLUTION: Consider approval of a resolution in support of the proposed new airport location. Jay Ence, spearheading a committee supporting the new airport, requested that Mayor Pro Tem Isom sign a resolution supporting Site 1 and 1A for the new replacement airport. Mr. Ence advised that all other neighboring communities have signed a similar resolution except Washington City, and negotiations are ongoing. City Manager Gary Esplin read the resolution. A motion was made by Councilmember Gardner to approve the resolution as submitted. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. Mr. Ence thanked committee members Hal Leeward, Ralph McClure, Denny Drake, Colin Harris, Dick Stout, James Smith, Quentin Ence, Lee Bracken, Brent Lowe, and Jim Eardley for their participation. SET PUBLIC HEARING: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of August 10, 1999, recommended a public hearing be set to consider amendments to Chapter 10 of the Zoning Ordinance. A motion was made by Councilmember Allen to set a public hearing on September 23, 1999 at 5:00 p.m. to consider amendments to the Zoning Ordinance. The motion was seconded by Councilmember Orton, and all voted aye. REQUEST FOR CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an office building to exceed the height limitation in the ordinance to 45.8 feet on a building at 400 West between 200 and 300 South. Larry Belliston, applicant. Associate Planner Jim McGuire presented two site elevations and clarified that the applicant?s preferred request is for a height of 45.8', not 48.5' as advertised on the agenda. The site is located in a C-3 zone between Bluff Street and 400 West and between 200 and 300 South. The height of the building from the finished floor grade to the peak along the 400 West side of the building is 52 feet, but because the grade can be calculated by averaging the elevations of Bluff Street, 400 West, and 200 South at the centers of the walls that face those streets, the height, by definition, is 45.8 feet. However, there are homes on the opposite side of 400 West that will be exposed to a building they see as being 52' tall. The applicant felt that the residents would rather see a taller building with a smaller footprint than a building meeting the height requirement and taking up more ground. The majority of the Planning Commission agreed with the applicant and recommended approval on a 6-1 vote. Mr. McGuire advised that at the request of the Planning Commission, City staff is currently formulating a recommendation for an amendment to the ordinance which would increase the height limit. Councilmember Orton inquired if the City Council had ever denied a request for a height variance, and Mr. McGuire responded that it had not, and that each request was different and had been examined on its own merits. City Council Minutes August 19, 1999 Page Four Councilmember Whatcott commented that the ordinance should be adhered to or changed. Community Development Director Bob Nicholson stated that the Planning Commission will consider the amendment at its first meeting in September, with presentation to the City Council in October. He explained that the draft amendment will include a provision for an increased setback, outdoor plaza, or other amenity in exchange for the variance. Councilmember Allen inquired if any neighbors had expressed opposition to the project, and Mr. McGuire replied that no objections had been received. He clarified that the request is not for a variance, but for a conditional use permit as allowed by ordinance. City Manager Gary Esplin stated that it would be difficult, given the City?s past history of granting height variance requests, to deny this request unless some special circumstance could be shown. Councilmember Gardner expressed concern about how the proposed four story building would blend in with the neighborhood, and Mr. McGuire replied that the applicant had provided two options in response to that concern. However, the four story building would provide more open space on the property. Councilmember Orton suggested the matter be tabled until a site visit could be made. Councilmember Gardner concurred with this suggestion. Mayor Pro Tem Isom stated that if this request were going to be tabled, the following request from Mr. Clayton should also be postponed, but Mr. Clayton should be afforded an opportunity at this meeting to present his plan. A motion was made by Councilmember Orton to table any action until a site visit could be made on August 26 at 4:00 p.m. The motion was seconded by Councilmember Gardner, and all voted aye. Mayor Pro Tem Isom advised the meeting on August 26 would be a special City Council meeting so that formal action could be taken. REQUEST FOR CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an office building to exceed the height requirement in the ordinance to 51 feet for a building on the southeast corner of 600 South Bluff. Vince Clayton, applicant. Associate Planner Jim McGuire advised the applicant is requesting a conditional use permit for an office building to exceed the 35 foot height limit to 51 feet. The site is located in a C-3 zone at the southeast corner of Bluff Street and 600 South. The height of the building from the finished floor grade to the top of the building is 52 feet, but the height from the sidewalk grade (averaged between the two streets) is 51 feet. The site is nearly level at the street grades compared to the previous request discussed above. It is also a larger site with a parking lot on the east side of the building, putting some distance between the building and the homes on the adjacent property. There is a commercial building on the opposite side of 600 South. The Planning Commission recommended approval on a 6-1 vote, with one Commissioner stepping down because of a conflict. The applicant, Vince Clayton representing Ence Construction, advised the proposed building will be back-dropped against the Black Hill and the height would be lost against an area that may or may not be developed. The property to the south is zoned C-3. He explained the proposed building has City Council Minutes August 19, 1999 Page Five various levels with the bottom level being smaller than the upper two levels, and supported by columns which will give spacial relief to the building. A plaza is also being proposed as part of the project. Councilmember Gardner complimented Mr. Clayton on the design of the building. He commented that in fairness to the previous applicant?s request, and in fairness to the height provision of the ordinance, the issue should be tabled until the site visit could be made on August 26, and he made a motion to such effect. The motion was seconded by Councilmember Orton, and all voted aye. CONTINUATION OF REQUEST FOR CONDITIONAL USE PERMIT. LARRY BELLISTON, APPLICANT: Larry Belliston arrived. Mr. Belliston explained that his building is really 7' below Bluff Street, and is not a high profile building as there are eight trees on the property which will be higher than the building. He explained the reason he requested approval of the four story option is to better utilize the site and provide for a smaller building which would not obstruct any views. REQUEST FOR A CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a home for the care of up to five elderly persons at 2555 East 3580 South. Edith Porter, applicant. Associate Planner Jim McGuire advised the proposed location is within an A-1 zone, and there is adequate room for guest and care provider parking. No objections to the proposal have been received. A motion was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. APPROVAL OF PRELIMINARY PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held August 10, 1999, recommended approval of the preliminary plat for Plum Tree Hollow Townhomes located in a PD zone between Mall Drive and the Middleton Wash south of the LDS Church. Craig Hopkinson is the applicant. The preliminary plat conforms to the PD which was recently approved. A motion was made by Councilmember Whatcott to approve the preliminary plat. The motion was seconded by Councilmember Gardner, and all voted aye. REVIEW OF INDIAN HILLS TOWNHOMES/APARTMENTS: Associate Planner Jim McGuire advised that the City?s ordinance was recently amended to allow changes to a subdivision plat even if they did not conform to the ordinance if they were an improvement to the project. The Indian Hills Townhomes/Apartments project is nearing completion and staff petitioned the Planning Commission to consider if the improvements made to the project are in conformance with what was represented when the final plat amendment was granted to the applicant, Avery Knapp. The Planning Commission forwarded this item to the City Council with the comment that the units do not look as represented when the amended plat was approved. The applicant has assured staff that wrought iron balconies will be added, as well as balcony facades for the back unit to better blend the two different building styles. The applicant proposes to complete these improvements within 30 days from August 19, 1999, and will post a cash bond of $750 to assure completion. He will also post an additional cash bond of $2,000 to replace trees which do not survive within 60 days. The applicant has agreed to plant several 15 gallon trees to beautify the project. City Council Minutes August 19, 1999 Page Six Avery Knapp explained it is his impression City staff is not opposed to the project if the proposed improvements are made. He explained that the project has been downsized in order to provide for large grassy areas which have been planted to enhance the project and to address complaints from the community. He advised that 22 15-gallon trees and 10 5-gallon oleanders will also be planted at the suggestion of staff. Councilmember Gardner commented that if the project now meets the criteria in City ordinance, the applicant should be allowed to proceed with the project, and he made a motion to such effect, and to authorize the Mayor to sign the final plat. The motion was seconded by Councilmember Whatcott, who inquired if staff was comfortable with the changes. Community Development Director Bob Nicholson responded that staff was comfortable with the changes. A vote was taken and all voted aye. INTRODUCTION OF BOY SCOUT: Mayor Pro Tem Isom invited a Boy Scout to introduce himself. PUBLIC HEARING/ORDINANCE FOR ZONE CHANGE: Public hearing to consider a request for a zone change from A-20 (20 acre minimum lot size) to A-1 (40,000 sq. ft. minimum lot size) on 7.26 acres located on the east side of Little Valley Road, south of Seegmiller Drive. Troy and Stephanie Atkin, applicants. Community Development Director Bob Nicholson explained that the General Plan shows the site as future low density residential. The property is surrounded by A-1, with some RE-20 located across the street. The Planning Commission recommended approval. Mayor Pro Tem Isom opened the public hearing. There being no public comment, she closed the public hearing. Troy Atkin commented the property in question is an old feed lot on which they would like to build a home. A motion was made by Councilmember Gardner to approve by ordinance a zone change from A-20 to A-1 for 7.26 acres located on the east side of Little Valley Road south of Seegmiller Drive. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE FOR AMENDMENT TO ZONING ORDINANCE: Public hearing to consider amendment to the Zoning Ordinance to add criteria for a residential facility for persons with a disability. City of St. George, applicant. Community Development Director Bob Nicholson explained the purpose of this amendment is to bring the City?s Zoning Ordinance into compliance with U.C.A. 10-9-605 and to avoid discrimination in housing. Approximately 18 months ago State law was changed to permit dwellings for persons with a disability in any zone which allows a dwelling. At present the City?s ordinance requires a conditional use permit. He then reviewed with the City Council the various requirements and exceptions. The Planning Commission recommended approval. Mayor Pro Tem opened the public hearing. There being no public comment, she closed the public hearing. A motion was made by Councilmember Gardner to approve by ordinance amendments to the Zoning Ordinance to add criteria for a residential facility for persons with a disability. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. City Council Minutes August 19, 1999 Page Seven REQUEST FOR DEFERRAL OF IMPACT FEES: Consider a request for deferral of impact fees for a duplex to be owned by the St. George Housing Authority. City Manager Gary Esplin explained that the City?s Affordable Housing Program allows for yearly deferrals of impact fees for 60 affordable housing units. 51 have been used so far in 1999, and the St. George Housing Authority is requesting deferral of impact fees for a duplex they will be purchasing through a Community Block Grant program. A motion was made by Councilmember Whatcott to approve deferral of impact fees for two units for the St. George Housing Authority. The motion was seconded by Councilmember Orton, and all voted aye. REQUEST FOR DEFERRAL OF IMPACT FEES: Request a request for deferral of impact fees for an affordable housing project. Dave Adams, applicant. City Manager Gary Esplin explained that Dave Adams, Adams Construction, is requesting the remaining seven impact fee deferrals available for 1999 under the City?s Affordable Housing Project for an affordable housing project he is constructing in the area of the River Palms development along Riverside Drive. No other applications for deferrals have been received by the City. A motion was made by Councilmember Gardner to approve deferral of impact fees for seven units of affordable housing for Dave Adams. The motion was seconded by Councilmember Orton, and all voted aye. APPROVAL OF CONTRACT TO RENOVATE ART CENTER BASEMENT: Consider approval of a contract for design of the basement renovation for the Community Arts Building. City Manager Gary Esplin explained the proposed contact with Campbell & Association is for renovation and stabilization of the Art Center basement, except for the boiler room and Scout room. Funds for this project have been approved in the current fiscal budget, and this specific project is part of a five year project to stabilize the entire building. Councilmember Gardner commented that Washington County is looking into the possibility of using some space at the Art Center for the library, and inquired if any work performed under this contract would have to be redone if the County expanded into this space. City Manager Gary Esplin replied it was his understanding the changes would involve stabilization and basic changes to the area, but that he would not be opposed to delaying the project until discussions are concluded with the County. A motion to table action on this item was made by Councilmember Gardner. The motion was seconded by Councilmember Whatcott, and all voted aye. REQUEST FOR TEMPORARY PERMIT: Consider a request for approval of a temporary permit to operate a shaved ice business from a trailer. Tropsicles, applicant. Gary Kuhlmann, representing the applicant Tropsicless, explained the applicant was originally seeking to obtain a temporary permit to operate a shaved ice business from a trailer, however, it is now considering the possibility of applying for a mobile catering license on a multiple day basis. He requested that the item be tabled until the next City Council meeting, at which time his client will present a route. City Council Minutes August 19, 1999 Page Eight REQUEST FOR CABLE TELEVISION FRANCHISE: Consider a request for approval of a cable television franchise. Sierra Cable Systems, applicant. City Manager Gary Esplin advised this item was tabled at the applicant?s request. APPROVAL OF CONTRACT: Consider approval of a contract with PBS&J Engineering for design and engineering services for the Southgate irrigation pond project. City Manager Gary Esplin explained that this contract with PBS&J for $14,000 is to design and engineer the Southgate irrigation pond and system. One hole of the Southgate Golf Course will have to be relocated due to the proposed new alignment of Dixie Drive, and the City will have to relocate and construct additional irrigation ponds as well. These ponds will be used to irrigate the City?s new cemetery, as well as the park. A motion was made by Councilmember Gardner to approve a contract with PBS&J in the amount of $14,000 for design and engineering services for the Southgate irrigation pond project. The motion was seconded by Councilmember Orton, and all voted aye. Councilmember Whatcott inquired if the new design would eliminate the need for the proposed pond in front of the new cemetery, and Mr. Esplin replied that it would, thereby freeing up additional property for commercial use. DISCUSSION ON STREET NAME FOR HILTON DRIVE: City Manager Gary Esplin explained that property owners along Hilton Drive have requested that the street name be changed as the Hilton Inn is no longer in operation. However, a formal process needs to be followed whereby all property owners and public utilities are notified and a public hearing is held. Auto dealerships along Hilton Drive would like to see the name changed to something to do with automobiles, however, staff is opposed to this. Authorization is needed from the City Council to set a public hearing to consider this change, and City staff will have recommendations for the City Council?s consideration at the public hearing. It was the general consensus of the City Council to proceed with the public hearing process. AUTHORIZE MAILING OF NOTICES UNDER SID 97-2: Authorize the City Treasurer to mail notices of assessment under Special Improvement District 97-2 to the property owners within the District. City Manager Gary Esplin explained City Council authorization is needed for the City Treasurer to mail notices of assessment to property owners under SID 97-2. A motion was made by Councilmember Allen to authorize the City Treasurer to mail notices of assessment to property owners under SID 97-2. The motion was seconded by Councilmember Whatcott, and all voted aye. CITIZEN REQUEST FOR DISCUSSION RE CENTENNIAL PARK: Mr. David Briseno advised he would like to speak on the Centennial Park issue. City Manager Gary Esplin advised the Leisure Services Department will be making a presentation to the City Council about Centennial Park on August 26. City Council Minutes August 19, 1999 Page Nine Mr. Briseno stated that the City promised the proposed park area would be cleaned, but it has not been done, and the area remains a potential fire hazard with trash, debris, and grass clippings. City Manager Esplin advised he would check on the timetable for cleaning the area. Mayor Pro Tem Isom invited Mr. Briseno to attend the City Council work meeting on August 26. She advised Mr. Briseno that the City Council has not approved any plan for Centennial Park, and they will wait to do so until after the presentation on August 26. CITIZEN COMMENTS RE SID 98-2: Mr. Kent Davidson, a resident of Bloomington on Count Fleet, stated he was speaking on behalf of a sizeable number of people who still support SID 99-2. He hoped that at some time in the future the improvements will be completed through another SID. He praised City officials and employees for their outstanding work in supervising the process. Councilmember Orton stated it was his understanding the SID boundaries could be changed. City Manager Esplin replied that SID 98-2 was advertised for a particular area, and it could not be modified without readvertisement, but there may still be a way to work with the majority of property owners to install the improvements they would like, as someday septic tank problems will be experienced in the area. He advised that City staff would examine the issue again, see where the support came from, and perhaps form another district to make it work without significant opposition. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held July 29, 1999. A motion to approve the minutes as presented was made by Councilmember Orton. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss purchase of property was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton, and all voted aye. RECONVENE: A motion to reconvene was made by Councilmember Whatcott. The motion was seconded by Councilmember Gardner, and all voted aye. DISCUSSION TO SID FORECLOSURE: City Manager Gary Esplin advised that an assessment owing by Frances Klein is in its tenth year and is delinquent. No payments have been made. The City sent Ms. Klein a notice of pending foreclosure. Councilmember Gardner advised in discussions with Ms. Klein, suggestions were made that in lieu of foreclosure, part of her property could be given in payment, or the City could give her an extension of one year which would allow her time to sell some property to pay the City. City Manager Esplin advised the City is in receipt of a letter from her attorney alleging she has not received the benefit for which she was assessed. However, she raised no protest at the board of equalization hearings when they were held for this district. Mr. Esplin suggested that Ms. Klein be given until November 1 to pay the assessment, or foreclosure City Council Minutes August 19, 1999 Page Ten proceedings would begin. It was the consensus of the City Council to give Ms. Klein until November 1 to pay the assessment ADJOURN: A motion to adjourn was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. The meeting adjourned at 7:15 p.m. ______________________________ Gay Cragun City Recorder