City Council Minutes

Thursday, February 3,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING FEBRUARY 3, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Larry Gardner Councilmember Sharon Isom Councilmember Bob Whatcott Councilmember Suzanne Allen City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Councilmember Rod Orton OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Star Scout Ben Hessen, and the invocation was offered by Councilmember Gardner. Fire Chief Robert Stoker presented Firefighter I certifications to several firefighters. Mayor McArthur invited several Scouts in the audience to introduce themselves. Mayor McArthur reminded all citizens to participate in the upcoming Census count. He advised it is very important that each person be counted as tax revenue distributed to the City is based on population. The count will take place beginning April 1, 2000. Jake Jennings and Jared Basile introduced themselves to the Mayor and City Council and advised they were participating in a Legacy 2000 project which involved maintaining and beautifying Snow Canyon State Park. CONSENT CALENDAR: Consider approval of the financial statement for December, 1999. City Manager Gary Esplin advised the City is in excellent financial condition at this time, and there are no major concerns. A motion was made by Councilmember Isom to approve the financial statement as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. BID OPENING: Consider award of bid for improvements to Fire Station No. 2. Purchasing Agent Sue Swensen presented five bids received: Bateman -Hall Construction, Phase I $250,000, Phase II $250,000; Wadman Corp., Phase I $144,700, Phase II $36,100; Commercial Design & Construction, Phase I $99,300, Phase II $22,000; Blackburn & Associates, Phase I $142,000, Phase II $37,000; and Brundle & Brundle Construction, Phase I $112,211, Phase II $27,000. She advised that after negotiating with the low bidder, Commercial Design & Construction, it is recommended the bid be awarded to them in the total amount of $120,952,99. City Manager Gary Esplin advised the improvements will include installing a new roof on the old fire station and making unuseable space useable. He advised that even though the bid is $20,000 more than budgeted, staff feels it is a necessary project. St. George City Council Minutes February 3, 2000 Page Two A motion was made by Councilmember Isom to award the bid to Commercial Design & Construction in the amount of $120,952.99. The motion was seconded by Councilmember Gardner, and all voted aye. BID OPENING: Consider award of bid for light bases and vaults for the Power Department. Purchasing Agent Sue Swensen presented two bids received: Sorden?s Precast $29,080; and Upwall Precast $28,600. She recommended award of the bid to the low bidder, Upwall Precast, in the amount of $28,600. A motion was made by Councilmember Gardner to award the bid to Upwall Precast in the amount of $28,600. The motion was seconded by Councilmember Whatcott, and all voted aye. BID OPENING: Consider approval of the firm for the design of the new tennis complex. Purchasing Agent Sue Swensen advised an RFP was sent to eight firms, and a response was received from five. She advised that after review of the proposals, it is recommended the bid be awarded to MGB&A in the total amount of $35,000. Councilmember Whatcott inquired if the bid total included travel to and from Salt Lake City. Leisure Services Director Kent Perkins advised that travel expenses were included in the bid total, and the award of bid is for an amount not to exceed $35,000. A motion was made by Councilmember Whatcott to award the bid to MGB&A in an amount not to exceed $35,000. The motion was seconded by Councilmember Gardner, and all voted aye. BID OPENING: Consider award of contract for recodification of ordinances for the City. City Manager Gary Esplin advised that after review of several proposals, it is staff?s recommendation the bid be awarded to Sterling Codifiers in the amount of $15,400. The City?s ordinances have not been codified for many years, and attempts have been made in past years to do so, but the City Attorneys? work loads have made it impossible. City Attorney Jonathan Wright advised that once the ordinances have been compiled by Sterling, he will have 60 days within which to make any final changes before publication. This bid will also include having the code available on the internet for one year. A motion was made by Councilmember Isom to award the bid to Sterling Codifiers in the amount of $15,400. The motion was seconded by Councilmember Gardner, and all voted aye. Mayor McArthur advised that since there were only three Councilmembers present, it would take a unanimous vote for any item to be approved. St. George City Council Minutes February 3, 2000 Page Three CEMETERY ORDINANCE: Consider approval of an ordinance amending Chapter 3 of Title 9, St. George City Code, pertaining to the cemetery, establishing fees, providing burial depths, specifying vaults for cremated remains, and prohibiting animal burial, recreational, and other activities in the cemetery. Leisure Services Director Kent Perkins reviewed with the Mayor and City Council the fee schedule included in the proposed ordinance. He advised that the present fee schedule was designed to cover 70% of the cemetery expenses and operational costs. However, due to the addition of the new Tonaquint Cemetery, if fees are not raised, revenue will slip to 43% of the City?s costs and expenses. In order to remain at 70%, it is recommended that the price of a plot and perpetual for a resident rise from $325 to $475. Non-resident rates would similarly rise. It is recommended that burial charges for a resident on a weekday increase from $195 to $260, with higher rates on Saturdays. Fees for non-residents would similarly rise. It is also recommended that veterans be allowed one free plot in the new Tonaquint Cemetery at the time of need, with a $150 opening and closing fee. The Tonaquint Cemetery will include an area for upright monuments, but additional fees will be charged due to the higher cost of maintenance. Councilmember Allen arrived. Mr. Perkins advised that reservation of plots without payment will no longer be accepted at either cemetery. Mayor McArthur advised the Tonaquint Cemetery will contain a veterans? memorial, and plots for veterans will be dispersed throughout the cemetery. Mr. Perkins advised the roundabout in the Tonaquint Cemetery has been designated as the site for the veterans? memorial. Assistant Parks Superintendent Mike Henry advised cemetery fees have not been raised since 1994. Mr. Perkins advised the fee increase would take effect immediately, and the Tonaquint Cemetery is projected to open on May 1. A motion was made by Councilmember Gardner to approve the ordinance and increase in cemetery fees to cover 70% of the City?s operational costs for the cemeteries. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a cooperative agreement with the Utah Department of Transportation for a project at the airport. City Manager Gary Esplin advised the agreement is for a crack sealing project at the airport at a total cost of $36,070. The State?s portion of this amount is $28,856, with the City paying the balance. A motion was made by Councilmember Isom to approve by resolution the cooperative agreement as presented. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution authorizing a project application and grant agreement with the Utah Department of Transportation for the VOR project at the airport. St. George City Council Minutes February 3, 2000 Page Four City Manager Gary Esplin advised the VOR project at the airport is almost complete, but a formal agreement is needed. The State is giving the City $100,000 towards the total cost of the project ($139,800). The remainder will be paid by private donations and the City. Mr. Esplin advised the VOR will be maintained by the State. A motion was made by Councilmember Gardner to approve the resolution as presented. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. SET PUBLIC HEARING: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of January 25, 2000, recommended denial of a public hearing to consider an amendment to the Dixie Downs Retirement Community PD Planned Development Residential Zone, with some Commercial, located at 1700 North Dixie Downs Road, by swapping the location of the apartment area with a townhome area, allowing the apartments to be occupied by all ages, and deleting the assisted living facility and replacing it with townhomes. Kelly Adams is the applicant. The applicant, however, requests that a public hearing be held on March 2, 2000 at 5:00 p.m. A motion was made by Councilmember Allen to set the public hearing for March 2, 2000 at 5:00 p.m. The motion was seconded by Councilmember Isom, and all voted aye. SET PUBLIC HEARING: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of January 25, 2000, recommended a public hearing be held on March 2, 2000 at 5:00 p.m. to consider an amendment to Section 3-9B of the Zoning Ordinance to allow a 20' street side yard setback when there is a 6' high wall along the street side property line. Linda Kirkpatrick is the applicant. A motion was made by Councilmember Whatcott to set the public hearing for March 2, 2000 at 5:00 p.m. The motion was seconded by Councilmember Gardner, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for the Ted Warthen Center to be located at approximately 2000 North 2200 West. Alta Graham, agent. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of January 25, 2000, recommended approval of a conditional use permit for a hospice center to be located in an R-1-10 zone at approximately 2000 North 2200 West. Alta Graham is the agent. The applicant is aware that street improvements will have to be installed. Mr. McGuire advised that an adjoining neighbor, Lou Birbas, is concerned about what is going in between his property and the proposed hospice building, as no site plan has been seen. Mr. Lou Birbas advised his patio is 10' from the property line, and he is concerned what will be put in next to his property, such as a parking lot, dumpster, etc. He requested that the City Council take into consideration his property when approving the site plan so as to not negatively impact his property. Councilmember Isom assured Mr. Birbas that the applicant?s site plan will have to be approved by the City Council, and that it must be compatible with adjoining properties. St. George City Council Minutes February 3, 2000 Page Five Associate Planner Jim McGuire advised the CUP can be considered immediately by the City Council, with the applicant coming back with detailed site and street plans. The CUP can be conditioned upon a requirement for landscaping, or no parking or dumpsters placed adjacent to Mr. Birbas? property. Alta Graham assured the Mayor and City Council she would be happy to work with Mr. Birbas. She advised she has been negotiating with Entrada for a year, and an agreement is finally in place. She advised she would do whatever is necessary to be a good neighbor. She advised the project would not be an eyesore and would be a quiet neighbor. A motion was made by Councilmember Isom to approve the request as presented, subject to the recommendations of the Planning Commission, and with the condition that concerns with the neighbors be worked out. The motion was seconded by Councilmember Gardner, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a used car lot to be located at 55 North 500 East. Ray Cox, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of January 25, 2000, recommended approval of a conditional use permit for a used car lot to be located in a C-4 zone with an existing building at 55 North 500 East. Ray Cox is the applicant. The applicant is proposing to display the vehicles for sale in front of the building, with the required parking spaces for the employees and customers located behind the building. There will be one-way in and one-way out driveways to get around the building. The applicant is required to replace both drive bridges because of their poor condition and expected failure within one year. All required parking spaces must be paved and striped, and the drives and parking areas that access those parking spaces must be paved. The area for display of the vehicles must also be paved. Street trees are required and 5% of the lot must be landscaped, with the majority of that landscaping being adjacent to the street. The site plan shows that the applicant is planning on putting landscaping in front of the building and near the street. The parking of vehicles is not allowed in the public right-of-way and the Commission emphasized this by recommending that it be listed as a condition of approval. A motion was made by Councilmember Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of a proposed amendment to Chapter 21 of the Zoning Ordinance regarding the number of large and small animals allowed in an A-1 Agricultural zone. Community Development Director Bob Nicholson advised this amendment would do two things: allow more large and small animals in zones than currently prescribed through a conditional use permit, and limit the number of large animals to four on an acre lot with a home, rather than 12, which the current ordinance allows. He advised this change was requested by a property owner in the Little Valley area who wants to raise parrots, but is limited to 30 under the present ordinance. The applicant, however, was not present. Councilmember Isom commented she would rather have a concrete ordinance and live with it, and then if a majority of the people in an area were ready to change the zoning, they could do so, but she did not like using conditional use permits. St. George City Council Minutes February 3, 2000 Page Six Councilmember Whatcott expressed concern about limiting the number of large animals allowed on an acre parcel with a residence to four, and that this might be too restrictive. He suggested a site visit to areas where large animals are kept on acre lots with homes. Councilmember Gardner commented that many large animals can be put in a small area, and he questioned how the number was arrived at. Community Development Director Bob Nicholson advised the number was based on review of other agricultural ordinances throughout the State. The number four was also recommended by the Planning Commission. Councilmember Gardner commented he was not comfortable to limiting the number of large animals to four. Councilmember Whatcott commented he would like to view areas throughout the City where large animals are located. Mayor McArthur opened the public hearing. Thomas Hall advised he would like the City Council to reject or modify the proposed ordinance amendment. He stated he did not think the Planning Commission had the expertise to determine whether more small animals should be allowed or not. He stated the gentlemen requesting the ordinance amendment wants to breed 440 pairs of parrots, and inquired who would count them. He also inquired how ?small? a small animal was, and stated he thought 30 small animals on one acre was enough. Vardell Curtis, Executive Officer for the Washington County Board of Realtors, advised the City?s present ordinance is measurable, definable, and specific with regard to numbers. He advised that allowing a conditional use permit would negatively impact surrounding property owners, and he recommended denial of the proposed amendment. Gary Rink, a resident of the Washington Fields area, inquired if there was a problem with the current ordinance, and if not, why was there a proposal to reduce the number of large animals allowed on a one acre lot. He stated he hoped the ordinance would not be amended. Ron Lemmon, representing the property owner adjacent to the applicant who raises parrots, advised that the Planning Commission recently rejected a proposal by the applicant for 180 parrots. Mr. Lemmon advised his client would now like to sell his property because if the ordinance is expanded to allow more small animals, his property will be devalued. In behalf of his client, Mr. Schaeffer, he recommended denial of the proposal to allow a CUP to increase the number of small animals. A motion was made by Councilmember Isom to deny the ordinance as presented. City Attorney Jonathan Wright suggested the public hearing should first be closed. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Whatcott commented that he could not, in good conscience, vote in favor of the ordinance amendment until he viewed the locations. He inquired as to the time frame when the request could again be submitted if it were denied. City Attorney Jonathan Wright advised there would not be any time limit. St. George City Council Minutes February 3, 2000 Page Seven Councilmember Gardner commented he did not see any need to change the ordinance, but was not opposed to offering the applicant a hearing on the matter. He seconded Councilmember Isom?s motion for denial. Councilmember Whatcott commented he was not in favor of the motion, and suggested tabling the matter until a field trip was made. Councilmember Gardner retracted his second of the previous motion to deny, and stated he was in favor of a site visit. Councilmember Whatcott stated he was opposed to any increase in the number of small animals permitted, but was not sure about the decrease in the number of large animals. City Attorney Jonathan Wright advised that the City Council could pass any portion of the ordinance if they so desired, and address other portions at a later date. Councilmember Whatcott seconded Councilmember Isom?s motion to deny the small animal portion of the amendment only. No vote was taken. Councilmember Gardner made a motion to table the matter until after the site visit. The motion was seconded by Councilmember Allen. A roll call vote was taken as follows: Councilmember Gardner - aye; Councilmember Allen - aye; Councilmember Isom - no; Councilmember Whatcott - aye. The motion carried. AFFORDABLE HOUSING COMMITTEE RECOMMENDATIONS FOR DEFERRALS: Consider a recommendation from the Affordable Housing Committee regarding applications for impact fee deferrals. Community Development Director Bob Nicholson distributed the Notice of Impact Fee Deferral/Waiver Criteria to the Mayor and City Council and adivsed that it had been distributed throughout the community. He advised that three applications were received and considered by the Affordable Housing Committee: Adams Construction Co. for 35 units in Riviera Palms Subdivision; K&K Construction for 12 units in either South Pointe or Riverside Heights Subdivision; and Color Country Community Housing Inc. for three units ($20,000) for unspecified locations within St. George to match their down payment assistance program. The Affordable Housing Committee made the following recommendations: (1) Adams Construction be awarded a deferral of impact fees for 35 dwelling units in Riviera Palms Twinhome Subdivision; (2) 12 impact fee deferrals be reserved for K&K Construction until June 30, 2000 subject to the following conditions: (a) specific locations of homes be provided; (b) describe how applicants are selected and coordinate with the Housing Authority to verify income eligibility; (c) deferrals will be for new construction only (begun after November 1, 1999); (d) if the 12 impact fee deferrals are not used by June 30, 2000, K&K may reapply for second round consideration in July, 2000; and (3) three impact fee deferrals be reserved for Color Country Community Housing subject to the same conditions imposed on K&K. However, the applicant?s goal is to obtain a $20,000 funding commitment from the City to match their down-payment assistance program to provide eligible persons a $4000 down payment to buy or build a home. The CCCHI would provide $2000 and the City would match that with $2000. The $20,000 funding request would assist ten individuals or families in this calendar year. The Affordable Housing Committee recommends this request be considered by the City Council as part of the annual City budget process in the spring. Mr. Nicholson advised the Committee also recommends the impact fee deferral program be clarified to emphasize that priority will be given to assist first-time home buyers with the purchase of a single family home, and priority St. George City Council Minutes February 3, 2000 Page Eight will be given to applications that disperse affordable housing throughout the community, rather than concentrate it in one project or in one area. Councilmember Isom clarified that the Affordable Housing Committee was not recommending approval of the request of Color Country Community Housing, Inc., just that it consider the request as part of the budget process. Mayor McArthur inquired if the City could use funds in that way. City Manager Gary Esplin responded that it could, but it would have to be structured so as not to violate recent Supreme Court rulings. A formal agreement would have to be entered into with the result of furthering City purposes. Carol Sapp, a member of the Affordable Housing Committee, stated the City?s program is the most progressive in Utah, and the new criteria will go a long way in making sure low income families can build within existing subdivisions throughout the City. She commended the Mayor and City Council for their support. A motion was made by Councilmember Whatcott to approve the recommendations of the Affordable Housing Committee. The motion was seconded by Councilmember Isom, and all voted aye. Councilmember Isom commented St. George has an outstanding Housing Authority, and it was recently recognized as such in Washington, D.C. AGREEMENT WITH LEE AND SHARON FRANCIS: Consider approval of an agreement with Lee and Sharon Francis in Bloomington Hills for use of City property. City Manager Gary Esplin explained Mr. and Mrs. Francis constructed a pool in their back yard, and in order to access the location, are requesting the right to use City property immediately adjacent to their home. Underground utilities currently exist on the property in an easement owned by the City, so the City cannot deed the property to them. In an effort to accommodate their request, staff recommends entering into a License to Use agreement with Mr. and Mrs. Francis for a renewable ten year period at a cost of $162.50 per year. Mr. and Mrs. Francis understand that if repairs or replacement of the utilities is needed, the City has the right to do so, and replacement of any landscaping or improvements will be at the expense of Mr. and Mrs. Francis. No permanent structures will be placed on the easement, although a wall might be constructed, but access to the utilities will be provided. If the City Council feels comfortable with this new concept, property owners adjacent to Mr. and Mrs. Francis who are already using City property will also be contacted to sign a License to Use. A motion was made by Councilmember Isom to approve the agreement with Mr. and Mrs. Francis as presented. The motion was seconded by Councilmember Gardner, and all voted aye. BEER LICENSE AND LOCAL CONSENT FOR LIQUOR LICENSE: Consider approval of a beer license and local consent for a restaurant liquor license for Sunset Beach Restaurant to be located at 405 East St. George Blvd. Gary Kuhlmann, attorney for the applicant, Ron James, requested transfer of the beer license and local consent for a restaurant liquor license which was previously approved for another location. The applicant has now secured a lease option of the old Sizzler building on St. George Blvd. and St. George City Council Minutes February 3, 2000 Page Nine would like approval of a beer license and local consent for a restaurant liquor license for this new location. City Manager Gary Esplin advised the Fire Chief will require the building to be sprinkled if it exceeds 5,000 sq. ft. Mr. Kuhlmann responded he was not sure of the square footage, but if required, the applicant would be amenable to install fire sprinklers. A motion was made by Councilmember Allen to approve the beer license and local consent for a restaurant liquor license for the Sunset Beach Restaurant to be located at 405 E. St. George Blvd. in the old Sizzler building subject to the recommendations of the Fire Chief. The motion was seconded by Councilmember Isom, and all voted aye. CHANGE ORDER FOR TRAFFIC SYNCHRONIZATION HARDWARE INSTALLATION: Consider approval of a contract change order for traffic synchronization hardware installation. City Manager Gary Esplin advised staff is recommending use of Hamilton Brothers Electric for installation of this hardware under the City?s existing contract with them. (For action, see next item) AGREEMENT FOR TRAFFIC SIGNAL TIMING COORDINATION STUDY: Consider approval of a professional services agreement for a traffic signal timing coordination study. City Manager Gary Esplin advised that a traffic signal timing coordination study is needed for the City?s signal synchronization program. City Engineer Dave Demas advised this study will tie in State roads such as St. George Blvd. and Bluff Street to the City?s computer system, but the City will not have the ability to change their signal timing. A motion was made by Councilmember Isom to approve the change order for the traffic synchronization hardware installation, and the professional services agreement for a traffic signal timing coordination study. The motion was seconded by Councilmember Allen, and all voted aye. AUTHORIZE CITY PARTICIPATION IN FUNDRAISING ACTIVITY: Consider authorizing City participation in a fundraising activity for the Arthritis Foundation. Skywest Airlines, applicant. City Manager Gary Esplin advised this issue was previously discussed in a work meeting, and is on the agenda for formal action. The applicant is asking for use of certain City streets for the race route and some support through staffing. The mini grand prix race will be held on November 4, 2000. A motion was made by Councilmember Isom to authorize City participation in the Arthritis Foundation Mini Grand Prix event as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. APPOINTMENTS: Consider appointments to various boards and commissions of the City. Mayor McArthur recommended appointment of the following individuals to the following positions: St. George City Council Minutes February 3, 2000 Page Ten Deanna Evans - City Treasurer Kent Perkins - Leisure Services Director Wayne McArthur - Water and Power Director Bob Nicholson - Community Development Director Robert Flowers - Chief of Police Robert Stoker - Fire Chief Larry Bulloch - Public Works Director Gay Cragun - City Recorder Phil Peterson - Finance Director Jonathan Wright - City Attorney Joe Vincent - Administrative Services Director Gary Esplin - City Manager A motion was made by Councilmember Isom to approve the appointments recommended by Mayor McArthur. The motion was seconded by Councilmember Whatcott, and all voted aye. Councilmember Isom challenged all in attendance to attend the Police Department?s Citizens Academy. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held January 13, 2000. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Isom, and all voted aye. Consider approval of the minutes of the City Council work meeting held January 18, 2000. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Isom, and all voted aye. Consider approval of the minutes of the regular City Council meeting held January 20, 2000. A motion was made by Councilmember Isom to approve the minutes as presented. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN: A motion to adjourn was made by Councilmember Gardner. The motion was seconded by Councilmember Allen, and all voted aye. The meeting adjourned at 6:10 p.m. _____________________________ Gay Cragun, City Recorder