Thursday, September 2,1999
ST. GEORGE CITY COUNCIL MINUTES
SEPTEMBER 2, 1999, 4:00 P.M.
CITY COUNCIL CHAMBERS
Mayor McArthur - arrived at 4:35 p.m.
Councilmember Sharon Isom
Councilmember Bob Whatcott
Councilmember Rod Orton
Councilmember Suzanne Allen
Councilmember Larry Gardner
City Manager Gary Esplin
City Attorney Jonathan Wright
Secretary Susan Sorenson
Meeting called to order by Mayor Pro Tem Sharon Isom and excused the Mayor, he is in Salt Lake City on behalf of Dixie College in reference to the 4 year accreditation. The pledge of allegiance was led by Councilmember Rod Orton. City Manager Gary Esplin offered the invocation.
Mayor Pro Tem Sharon Isom outlined the proper procedure for submitting petitions pertaining to annexation. A public hearing regarding the Ledges annexation is not on the agenda, and the Council will not be taking public input on this annexation. City Attorney Jonathan Wright explained the procedure: The annexation procedure is governed by State statute, the City must follow that State statute and cannot vary from it. Tonight is simply an agenda item for the City Council to consider whether or not to ask for further consideration of the annexation petition. This is only for the City Council to let it be known to the petitioners whether or not the City will consider the request further. If Council determines to consider that area for annexation then the petition goes through the process. It is sent to the City Recorder, who will see if the petition meets the criteria, under State statute, to be considered for annexation. At that time if it meets the criteria, it is given back to City Council, and the time lines set by statute are followed: Notice is given on how to make protest and when a public hearing would be held for public input before annexation can take place. The City Council can make the determination on whether they want to consider it, then it goes to the City Recorder who has 30 days to certify whether or not the petition meets the requirements under the State statute for annexation.
Consider rejection of bids for remodel of the Sunbrook Golf Course clubhouse.
All bids received were over budget. It is recommended that they all be rejected at this time. Motion made by Councilmember Robert Whatcott to reject the bids for the remodel of the Sunbrook Golf Course clubhouse, simply because they were all over budget. Motion seconded by Councilmember Rod Orton. Motion carried. Councilmember Rod Orton asked how the City would then proceed. City Manager Gary Esplin stated that the City will consider all alternatives and get back to the Mayor and Council.
Consider approval of the purchase of golf course equipment for City golf courses.
There were three bids received, the recommendation is go with Rocky Mountain Turf, who submitted a complete bid with a total of $114,275.00. A discount will be given if the City purchases the whole package. Motion made by Councilmember Larry Gardner to award the bid for golf course equipment for the City golf courses to Rocky Mountain Turf in the amount of $114,275.00. It was seconded by Councilmember Suzanne Allen. Motion carried.
City Council Minutes
September 2, 1999
Consider approval of purchase of liquid chlorine and acid for the City pools.
Recommendation to award the bid to Johansen Pool Service under the State bid program. The amount of the contract will be in the amount of $30,000.00. Motion by Councilmember Rod Orton to award the liquid chlorine and acid for the pools to Johansen Pool Service. It was seconded by Councilmember Robert Whatcott. Motion carried.
Consider purchase of an asphalt roller for the Streets Department.
The City received two bids, the low bid submitted by Cate Equipment in the amount of $33,300.00. With options recommended by staff, the amount comes to $34,395.00. A concern was brought to Councilmember Isom?s attention, in that the public wondered if the City really needs to purchase this equipment or could it be put out to bid and let a local contractor do the work. The asphalt roller is out to bid to be used for the chip seal projects coming up. There is only one vendor who is available on an on-call basis so the City does not receive very competitive bids.
City Manager Gary Esplin stated that we would not be hiring anyone additional to provide this service. We will be using existing personnel as part of our ongoing maintenance operations. By State Law, we are required to bid our new construction projects, so these projects are for ongoing maintenance that the City does annually. The City would save enough to pay for the roller in three years. It?s more cost effective to have it done in house, because we have the personnel there that are qualified to do it. Motion made to approved the purchase of a asphalt roller for the Streets Dept. from Cate Equipment for the amount of 34,395.00 by Councilmember Robert Whatcott and seconded by Councilmember Rod Orton. Motion carried.
Consider award of bid for various road reconstruction projects throughout the City.
Bid summary is in the possession of Council. Motion made by Councilmember Suzanne Allen to award the bid for various road reconstruction projects to Western Rock in the amount of $587,312.06. It was seconded by Councilmember Larry Gardner. Motion carried.
Consider approval of an ordinance vacating a portion of 400 South St. between 900 and 1000 East on the south side of the street.
Boyd Iverson, applicant, is asking that the excess right-of-way be abandoned in front of his property on 400 South between 900 and 1000 East on the south side. The City will have the property appraised and it will then be sold becausee the City owns the property as it was part of the original charter that the City received from the U.S. government. The City previously abandoned the excess property to the west of Mr. Iverson. Motion to approve an ordinance vacating a portion of 400 South St. between 900 and 1000 East was made by Councilmember Larry Gardner and seconded by Councilmember Robert Whatcott. Roll call vote, all voted aye. Motion carried.
Consider approval of a resolution abandoning an easement between Lots 27 and 28 of the Choco Bench Subdivision.
Request from the property owner to combine 2 lots in this subdivision and do away with the easement between the two lots with the City receiving the easements necessary from the edges of the lot. Engineering Department has reviewed this and recommend abandoning this easement. Motion made to abandon the easement, as explained, for the Choco Bench phase 1, with the understanding the property owner will provide another easement in exchange. Motion by Councilmember Robert Whatcott and seconded by Councilmember Rod Orton. Roll call vote, all voted aye. Motion carried.
City Council Minutes
September 2, 1999
Consider report from the planning commission meeting held August 24, 1999.
The Planning Commission recommended approval of a nonconforming use to replace an older mobile home with a double-wide manufactured home where there is also an additional mobile home on the same lot. Bill Matthews, applicant. The site is located in an RE-20 Zone at 1375 North 1125 West. There are a number of mobile homes and non-conforming uses in this particular RE-20 Zone, and this lot is only 18,750 square feet in size where the zone calls for a minimum of 20,000 square feet. The proposed new manufactured home which will replace the existing mobile home will be an improvement to the site and covered parking as well as the other design standards outlined in Chapter 9 of the Zoning Ordinance will be required for the new unit. The applicant?s father in law will be living in the other existing mobile home. The Commission recommended approval subject to the new unit meeting those design standards and the removal of the other mobile home when the father in law no longer lives there. Motion to approve a non-conforming use to replace the older mobile home with a new mobile home by Councilmember Larry Gardner, seconded by Councilmember Suzanne Allen, all voted aye, motion carried.
Consider a request for approval of the final plat for Sunrise Ridge Phase II.
Sunrise Ridge Phase II has 8 single family lots located in an R-1-8 Zone at 40 South 2300 East. Gorm Klungervik is the applicant. This plat conforms to the preliminary plat. The Planning Commission recommended approval. Motion made to approve the final plat for the Sunrise Ridge, Phase II, and authorize the Mayor?s signature by Councilmember Suzanne Allen and seconded by Councilmember Rod Orton. All voted aye, motion carried.
Consider a petition for annexation for The Ledges annexation located north of the existing City boundary adjacent to Highway U-18.
The Planning Commission has forwarded to the City Council a petition to annex 3,386 acres located north of the City boundary on both sides of Highway 18, up to and around Winchester Hills. Allen Gardner, R.C. Tolman and Utah State School Trust Lands are the applicants. This area is to be known as the ?Ledges Annexation.? This normally doesn?t go to the Planning Commission first, it just goes to the City Council to decide whether to accept the petition or not, but it was brought to the Planning Commission because instead of bringing it in as a R-110 zone they want to bring it in as mining and grazing. Mining and grazing is just a holding zone, until more finite plans are developed. The Mining and Grazing Zone allows for livestock grazing, sand and gravel extraction as a conditional use, and one dwelling per 20 acres, among other permitted and conditional uses. Prior to final annexation approval, various issues, such as utilities, road planning, hillside overlay zone area, need to be resolved.
Councilmember Sharon Isom addressed the audience in which quite a few members were there about the petition for annexation. She acknowledged their presence and reiterated that this was not a public hearing, but only a agenda item to consider further consideration.
City Attorney Jonathan Wright explained again that the annexation process is governed by State statutes, which the City follows. The first part of the process, after a petition is received, is for the City Council to simply say whether or not they would want to consider it and have further discussion. If the City Council votes to accept the petition for consideration at that point in time it goes to the City Recorder. The City Recorder then determines whether or not the petition meets the criteria a petition must meet under State law. If it doesn?t, the City Recorder would reject it and notify the City Council that the petition has been rejected. If it does meet the criteria required, then certain time lines, public notice requirements, and opportunities for those to give input or protest or at the very least before an annexation petition or annexation ordinance is adopted a public hearing before City
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September 2, 1999
Council. Tonight is only to let the petitioner know whether or not City Council will give further consideration for annexation.
Councilmember Larry Gardner declared a conflict of interest in this matter. He is more than willing to clarify for information sake, but he will not be voting on this issue.
A motion to accept the application for the area to be known as The Ledges to be considered for further action or non-action was made by Councilmember Robert Whatcott and seconded by Councilmember Rod Orton. All voted aye, with Councilmember Gardner abstaining because of a possible conflict of interest. Motion carried.
Consider a request for approval of a conditional use permit for an office building to exceed the 35' height limit at 200 East north of the City Police Building.
A conditional use permit was requested for an office building to exceed the 35-foot height limit to 47 feet. Steve Brown and Gary Tooke, applicants. The building is to be located in an A-P Zone, north of the Police Station along 200 East. Because 200 East will be curving around the site, essentially forming a corner lot, the building height was averaged between the north and east sides of the building at sidewalk grade. The north elevation will be two-story and the south elevation will be three-story with a finished floor to roof peak height of 59 feet. The increased height is being requested because of a taller facade that will help dress up the southern building elevation. If the taller facade is not allowed, the overall height of the building will be decreased by 14 feet and the southern elevation will have a different appearance. One Planning Commissioner stepped down when this item was discussed at the Planning Commission meeting because of a conflict of interest. The Planning Commission recommended approval. The only part that exceeds the height requirement is the peak, otherwise it meets the current ordinance requirements. The peak would give the building more personality. Steve Brown explained the back of the building. The back side you?ll see basically the same stucco color pattern with covered walkways and decorative railing. He said it should be beautiful on both sides.
George Rampton spoke. He has an objection to the height of the building, he would like to see the height stay at 35'. The building is up against the red hills of Dixie, and will block the view of the hills and distract from the beauty of the hills. He wished that the ordinances be held as they are. Twelve (12) people stood in support of Mr. Rampton.
Motion for approval made by Councilmember Larry Gardner, seconded by Councilmember Suzanne Allen, all voted aye, motion carried.
Consider a request for approval of a conditional use permit for an LDS Institute building to exceed the 35' height limit to 38.5 feet located at the northwest corner of 1000 East and 400 South.
A conditional use permit for an LDS Church Institute building to be located in an R-4 Zone at the northwest corner of 1000 East and 400 South. The LDS Church is the applicant. The request includes exceeding the 35-foot height limit to 38.5 feet. The height is measured to the midpoint of the pitched roof, and is averaged between the two street sidewalk grades. This property used to be part of the Dixie College campus but the LDS Church traded the old institute building on 100 East for this site. Councilmember Robert Whatcott stated that knowing the City Council is looking at this ordinance and that it is a good possibility that the ordinance will be changed in the next month or so, and that the building does meet all the criteria of the new ordinance and would be under the proposed height requirement. He made a motion to approve this conditional use permit for the LDS Institute Building. It was seconded by Councilmember Rod Orton. All voted aye, motion carried.
City Council Minutes
September 2, 1999
Consider approval of a license agreement with Mr. Kay Traveller for drainage improvements adjacent to the Tonaquint Cemetery.
The drainage improvements adjacent to the new Tonaquint Cemetery are necessary temporarily until the property Mr. Traveller owns to the west of the cemetery is developed. Flooding in this area has occurred previously, because over the years there has been a dike constructed which diverts the water from it?s natural drainage area. This agreement will allow the City to breach the dike and provide drainage facilities that will take the water to the Santa Clara River and protect the Tonaquint Cemetery that is being built. Mr. Traveller has agreed to allow those improvements to go on his property on a temporary basis. The City is anticipating doing a rough grading and then when he develops he will put in the permanent drainage structure. This agreement allow us to go forward and protect our investment in the Cemetery, as explained by the City Manager. Motion for approval of the license agreement with Mr. Traveller for the drainage improvements by Councilmember Larry Gardner and seconded by Councilmember Robert Whatcott. All voted aye, motion carried.
Consider a request for approval of a special event permit for October 23, 1999 at Worthen Park. Scott Taylor - President/CEO Samaritan Marketing, applicant.
Samaritan Marketing is dedicated to helping small businesses, and is currently working with132 business organizations. This event would be a community party at the park, stage entertainment, games, and special events for kids and adults. 11:00 a.m. thru 9:00 p.m. There will be food sold, businesses will have booths and will sell their products, and will comply with City sales tax regulations. There will be between 30 to 50 businesses supporting this and donating. There is no profit, all money taken in will be used for advertising of the event. The Mayor questioned if the businesses participating have to be a member of this organization to be involved and if there is charge to be a member of this organization. There is a charge of $160.00 per year to be members. Samaritan Marketing is asking each business to donate $100.00 toward this event. It is for Samaritan Business owners only. There will be demos, and selling by the businesses The main purpose is not to sell products but to bring an awareness of the businesses in the community. The question by all the Council members was ? Should the City facilities that are supported by the taxpayers be afforded the use by commercial operations?? Deputy City Attorney Ron Read has authorization to grant special event permits where they have outdoor music and activities, but because of the nature of this request and our understanding of the policy of the City before , not to allow utilization of the park for commercial uses determined that he would not make that determination but allow City Council to hear it and render it?s decision on whether or not to issue this special event permit.
Suggestions for alternate areas that could be used for this kind of event by the City Council were the Dixie Center, or school areas. Councilmember Robert Whatcott likes the concept of the event but feels that this situation is like the height limitation that Council is currently studying, and that is once they say yes, we have no right to say no to anybody else and literally our park becomes a park filled with commercial activity week in and week out instead of being a public park for people to enjoy. It becomes a place to advertise and is no longer a public park and he is concerned about setting that precedent. Motion for denial was made by Councilmember Suzanne Allen and seconded by Councilmember Sharon Isom. All voted aye, motion carried.
Consider a proposal for food concessions at City events. Mr. Tim Tabor, applicant.
This would be a mobile concessions trailer that could be moved to many of the facilities, such as Bluff St. Park and Bloomington Park where events and recreational activities are held. The ability to service alternate locations is a benefit to Leisure Services and to the participants. With the portable unit there will be no cost to the City or Leisure Services for
City Council Minutes
September 2, 1999
building maintenance or up keep. The portable unit is the total responsibility of the owner. The ability to take the trailer home helps with the problem of security. The trailer to be used is a 4 x 8 trailer that was built to be used as a concessions trailer. All food is prepackaged, so there will be no preparation facilities in the trailer. The trailer may be run with a generator or electrical outlets. The trailer will be operated by Tim Tabor, his daughter or other members of his family. The personnel will also be responsible for cleaning up the area around the trailer, during and after a event. Tim has talked with Herb Basso, and Herb is really interested in it because they have never been able to get anybody to work the concessions at Bluff St. Park and other locations. This service would just be at sponsored events by Leisure Services and the City, such as soccer games and football games. He would operate everywhere except at the softball fields. It would not have effect on the Little League games. Leisure Services will receive 10% of the gross during a probationary period. At the end of this period, Leisure Services and TWT Productions will look at possibly using a flat fee or continuation of percentage of gross. There will be sales tax collected. City Attorney Jonathan Wright stated that this is a concept being discussed tonight and that we will still need to send out proposals to give other operators the chance to propose as well on the concessions. We usually put out a request for proposals for concessionaires to enter into a concession contract in any location in the City. There would be set hours for different places and Tim will work with Herb Basso on the schedule. A motion to grant approval of the concept and proceed with the next step was made by Councilmember Sharon Isom, and seconded by Councilmember Rod Orton. All voted aye, motion carried.
Consider a request for approval of a beer license for the snack shop at Entrada Golf Course. Steve Sharp, applicant.
There is a existing beer license at this location. The person who has that license is no longer there, so this will be a new license to a new owner, but not increase the number of licenses available. The reports all came back fine. Motion to grant approval for a beer license at Entrada Golf Course was made by Councilmember Rod Orton and seconded by Councilmember Sharon Isom. All voted aye, motion carried.
Consider a request for approval of a beer license and local consent for a restaurant liquor license for Ruby Tuesday?s located in the Red Cliffs Mall area.
The application has been submitted through the process and no negative reports were received. A motion to grant approval for a beer license and local consent for a restaurant liquor license for Ruby Tuesday?s located at the Red Cliffs Mall area was made by Councilmember Sharon Isom and seconded by Councilmember Robert Whatcott. All voted aye, motion carried. Menus were handed out to Council members by Joe Frazier, President.
Consider approval of an amendment to the existing agreement with Ft. Pierce Industrial Park L.C. regarding the addition of property to their project area.
This item would allow the Ft. Pearce Industrial Park and related agreements with the City to be expanded to include an additional 13 acres larger. Under provisions in the existing agreement with Ft. Pearce Industrial Park, L.C., they have determined they need extra space in a configuration that would be better for this development. Under that agreement the City and the Dixie REA are helping with this project and the staff of both of these entities feel good about the proposal. The land is coming from additional State school trust lands. The cost of the improvements for this project have come in significantly under original estimates, so the City?s financial commitment will be less than anticipated. A motion to approve an amendment to the agreement with Ft. Pierce Industrial Park L.C. adding 13 acres to the original project area was made by Councilmember Larry Gardner and it was seconded by Councilmember Rod Orton. All voted aye, motion carried.
City Council Minutes
September 2, 1999
Consider a request for approval of a mobile catering license for Tropsicles. - tabled.
Consider approval of a master firm power supply agreement with the Utah Association of Municipal Power Systems in the City of St. George.
This is a technical amendment to the existing UAMPS/City agreement looking towards de-regulation and the ability we will need to buy power from various types of sources. What this agreement allows is the City and UAMPS to be able to purchase power and have this agreement used as the format for those purchases. When a potential source of power is determined which meets the criteria of this agreement, a formal contract would be brought back to the Mayor and Council for approval. This proposal is similar to the agreement we currently have with Idaho Power and UAMPS. The City and UAMPS anticipate that another new firm power source may be required because Idaho Power rates are going to be going up, and we think we may be able to do better on the open market. This agreement will allow the City more flexibility. A motion was made to approve the master firm power supply agreement by resolution with UAMPS by Councilmember Larry Gardner and seconded by Councilmember Suzanne Allen. A roll call vote was taken and all voted aye, motion carried.
Consider approval of an engineering services agreement for the Bloomington Hills irrigation system.
Motion for approval for Alpha Engineering to provide engineering services and subject to legal review by the City Attorney was made by Councilmember Suzanne Allen and seconded by Councilmember Larry Gardner. All voted aye, motion carried.
Consider approval of a cooperative agency agreement with the Utah Dept. of Transportation, Aeronautical Division for Project No. 3-49-0030-15.
This agreement facilitates the States participation in the current amended project we have with the FAA regarding the noise contours, etc. for the new proposed airport. It facilitates the State to pay us a portion of the matching funds. The City pays about 4.8% and the State pays 4.8% and the federal government pays the balance for these types of projects. A motion for approval of both cooperative agency agreement and project application and grant agreement for state aid was made by Councilmember Larry Gardner and seconded by Councilmember Suzanne Allen. All voted aye, motion carried.
Consider approval of a project application and grant agreement for state aid for FAA Project No. 3-49-0030-15. See above.
Consider approval of a change order at the water reclamation facility. Tabled.
Consider approval of a use agreement with Aerowest at the municipal airport.
Larry Bulloch reported that the Airport Board acted on a request from Aero West Aviation to renew a use agreement to operate at the airport and to expand the uses they have been allowed at the airpor. The proposed uses and operations include aircraft maintenance and refurbishing, avionics repair and installation, aircraft rental and flight training, sales of pilot supplies and aircraft parts, aircraft sales, charter service, and mobile fueling and ground services for all general and commercial aviation. The use agreement will also reflect the new address and correct company name. It will be known as Aero West Aviation, Inc. The correct address is P.O. Box 781, St. George, UT 84771. It was recommended for approval by the Airport Board. A motion to grant approval of the Aero West use agreement and the proposed changes was made by Councilmember Sharon Isom, and seconded by Councilmember Rod Orton. All voted aye, motion carried.
City Council Minutes
September 2, 1999
Consider approval of a lease for counter space at the airport terminal building and rent vehicle parking space in the terminal parking area. Hertz Rental Car, applicant.
Hertz Rental is requesting a lease for four feet of counter space at the Airport and parking spaces for their rental cars. Hertz? request is for ten parking spaces, but only five are available. If an improvement agreement can be worked out with the Hertz Corporation then an additional 6 spaces could be available. Five on the terminal side of Airport Road and 5 across on the east side of the road. Doug Burgener, Hertz Corp. District Manager for Southern Nevada and Southern Utah spoke and talked of entering into negotiation with the Airport Manager Jack Jeppson in June. Mr. Jeppson explained the process that Hertz would have to go through to make formal application for space at the airport. Hertz applied and last week met with the Airport Board and they voted unanimously to let Hertz lease space. Hertz is willing to go along with the Airport Board and work with the City on paving the additional area needed across the road for more space to park the cars that they need at the airport to service their customers. Three feet of counter space was the original amount of space initially available, but when the lease was actually drawn up there was 4-1/2' of space for them. Ideally everyone would like 16' to use. Hertz is willing to work with the 4-1/2' until additional space is available. Barbara Duff the owner of National Car Rental at the airport spoke. She has no objections to Hertz coming into the airport but she had put in a letter to expand their space that extra 4 feet about 2 years ago. Don Gross, manager of National Car Rentals, submitted copies of the letter and pictures to Council. The letter states that the request was made 2 years ago and the pictures indicate their space now and show the space and equipment needed for one car rental. Their issue is that they need space to work. Mr Gross also submitted a picture that shows their signage on the back wall. Mr. Gross stated that the issue here is that they have to have a place to work and if they are confined to this 4-1/2 feet, it is impossible to do. Lease space is $200.00 a month for a 4-1/2 foot space. The parking stalls are $20.00 per stall per month. National has 17 parking stalls currently. Six in the parking lot and the others across the road. Larry Bulloch indicates there is space to put in an additional counter. Maybe more counter should be put in on the south wall. Councilmember Larry Gardner recommended that maybe we should run some numbers and see. He acknowledges that the space is very confining. The Mayor asked Hertz if the companies are required to build their own counter in other places or does the leasing agency do it. Hertz replied that it is the leasing agency at all the airports that builds the counters. Hertz also said that at most airports the rental agencies usually have about 4 feet of working space. Mr. Gross submitted another photo of 2 people working in that space. They are standing literally next to each other. A plan of the airport was submitted to Council by Mr. Bulloch. The question of why the letter was never acted upon by the Airport Board was asked by the Mayor and Councilmember Bob Whatcott. Larry responded by saying that formal application was never received. It was a letter that Jack Jeppson had asked the National Rental to do. The letter had been found here in City Hall and Mr. Jeppson had forgotten about the letter. She had not even realized the letter had to be formalized and thought that was why she had given Mr. Jeppson the letter. National has 4 feet now, the 4 feet next to them has been vacant, but they have been using it. It is a $50,000.00 budget item for more counter space. Another alternative would be to extend the counter as far as possible in the existing location so additional space would be available to resolve the existing problem. National would in the meantime would need to share the space until the counter could be extended. Councilmember Larry Gardner made a motion to approve the lease of the counter space at the airport to Hertz Rentals with the idea that we as the City go forward as quickly as possible to expedite the extension of the counter 4 or 8 feet or whatever we could in that area, while looking at a larger plan to redesign the area. Councilmember Bob Whatcott seconded that and asked who would be responsible for the expense of the expansion. Gary Esplin replied that the City would incur it and would pay for it with the lease amount. All voted aye, motion carried.
A discussion took place on possible replacement of the VOR at the airport.
City Council Minutes
September 2, 1999
A. Consider approval of the minutes of the regular City Council meeting held August 5, 1999.
A motion was made by Councilmember Isom to approve the minutes as amended. The motion was seconded by Councilmember Gardner, and all voted aye.
B. Consider approval of the minutes of the regular City Council meeting held August 19, 1999.
A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Whatcott, and all voted aye.
A motion to adjourn to an executive session was made by Councilmember Isom. The motion was seconded by Councilmember Allen, and all voted aye.
Susan Sorenson, Secretary