City Council Minutes

Thursday, October 7,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 7, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Daniel McArthur, Mayor Sharon Isom, Councilmember Suzanne Allen, Councilmember Larry Gardner, Councilmember Robert Whatcott, Councilmember Rod Orton, Councilmember Gary Esplin, City Manager Jonathan Wright, City Attorney Miriam Palma, Secretary EXCUSED: Gay Cragun, City Recorder CALL TO ORDER: Mayor McArthur called the meeting to order at 4:00 p.m. and welcomed those present. He indicated that item 2C, consideration of an award of contract for Phase 2 of the project at the Southgate Golf Club/Tonaquint Cemetery, had been withdrawn. It will be discussed at a later date. FLAG SALUTE: The flag salute was led by Dale Finlayson, a 2nd class scout with Troop 765. OPENING PRAYER: The opening prayer was given by Haven Anderson, Youth City Council Manager. INTRODUCTIONS: Mayor McArthur asked the scouts in attendance to come to the microphone and tell the audience their name, rank and the merit badge on which they are working. Dale Finlayson, 2nd class, Troop 765, Citizenship in the Community; Candon Rangiller 2nd class, Troop 765, Citizenship in the Community; Jeff Hyde, 1st class Life Scout, Troop 765; Jason Brown, 2nd class, Troop 532, Citizenship in the Community; Mitch Frei, Troop 532 2nd class, Citizenship in the Community. The Mayor asked the Youth City Council members in attendance to come forward and introduce themselves. They were Jamie Span, Snow Canyon High School; and Haven Anderson, Dixie High School OTHER BUSINESS: Sharon Isom announced that the Affordable Housing Committee has received notification from HUD that St. George will receive a grant to use for ?Welfare to Work? recipients. This grant will help three welfare recipients with their housing needs until they can complete their schooling and return to the workforce. Council congratulated Brenda Butler, Director of the Housing Authority, for her good work. BID OPENINGS: Sodium Hypocholorite. Sue Swensen presented a bid opening for the purchase of 35,000 gallons of sodium hypocholorite. Two bids were received: Thatcher Chemical, $17,500 and HCI Dyce Chemical, $38,150. She asked for Council approval to award to the low bidder Thatcher Chemical. City Council Minutes October 7, 1999 Page Two Councilmembers questioned the need for this product and asked how long this amount of product would last. Ms. Swensen indicated that the product is necessary for operation of the treatment plant and will last for one year. Councilmember Isom made a motion to award the bid to purchase 35,000 gallons of sodium hypocholorite to Thatcher Chemical in the amount of $17,500. Councilmember Whatcott seconded and the motion passed unanimously. Fire Pumper Truck. Sue Swensen presented a bid opening for a fire pumper truck. Six companies were invited to bid, but only one, Ross Equipment/Pierce Manufacturing, responded. Their bid was $323,932. As this bid is under the budgeted amount and Chief Stoker is satisfied that the truck contains all the essential items listed in the specifications, she asked that Council approve awarding the bid to Ross Equipment/Pierce Manufacturing in the amount of $325,000. Before a motion was made, Councilmember Gardner asked Gary Esplin to explain the time frame of this purchase. Mr. Esplin indicated that the truck was requested in the last budget hearing in February and had gone through the approval process for nine months. Councilmember Gardner indicated he had heard it said that the Councilmembers are a bunch of ?Yuppies? they say ?Yup? to anything presented to them. He wanted to impress on the public that the motion made tonight is the end result of many months of consideration and not a rubber-stamped purchase. Councilmember Larry made a motion to award this contract to Ross Equipment/Pierce Manufacturing in the amount of $323,932 for the purchase of a fire pumper truck. Councilmember Orton seconded and the motion passed unanimously. PLANNING COMMISSION REPORT - September 28, 1999 Jim McGuire, Associate City Planner, indicated that the Planning Commission had recommended that public hearings be held for the following three items: 1. Consider a zone change from R-4 Multiple Family Residential to C-3 General Commercial on 0.547 acres located at 476 East Riverside Drive, just north of the Riverside Apartments, Paul Snow, applicant. There is a small portion of R-4 zone to the north of the apartments which the applicant is proposing to include in his commercial development. The surrounding zone is C-3 to the north and west and R-4 to the south and east. The Planning Commission recommended approval. 2. Consider a zone change from PD Residential to PD Commercial on the 5.436 acres of the Sienna Condominiums at Stonebridge located on 271 North Country Lane, Robert Barrus, applicant. The applicant will still build 70 units as approved, but now wants to market the units as a short-term rental and timeshare product. There was some neighborhood opposition to this zone change. The Planning Commission does not recommend approval. 3. Set criteria for sexually oriented businesses. Councilmembers held a short discussion about the items and wanted to make it publicly known that the Council would review all items at the public hearing, whether the Planning Commission recommends approval or disapproval. Councilmember Whatcott made a motion that a public hearing for the above items be set for November 4, 1999 at 5:00 p.m. Councilmember Gardner seconded the motion and it passed unanimously. City Council Minutes October 7, 1999 Page Three CONDITIONAL USE PERMIT FOR RELOCATION OF REDI-MIX BATCH PLANT: Jim McGuire presented Western Rock Product?s request for approval of a conditional use permit to relocate their redi-mix batch plant and truck maintenance facility to an M-1 zone near their existing asphalt plant adjacent to the Fort Pearce Wash. They will be relocating from the St. George Industrial Park. The Councilmembers discussed the relocation and the impact on traffic on both River and Brigham Roads. It was thought this move may produce some reduction in traffic as there will no longer be a need to haul the gravel to the batch plant. Councilmember Isom made a motion to approve a conditional use permit for Western Rock Products to relocate their redi-mix batch plant and truck maintenance facility to an M-1 zone near their existing asphalt plant adjacent to the Fort Pearce Wash. Councilmember Orton seconded and the motion passed unanimously. FINAL PLATS: Jim McGuire, Associate City Planner, presented the following final plats which were recommended for approval at the September 28, 1999 Planning Commission meeting: The Joshuas at Southgate Phase 1 This is a 20-unit development located north of the Legacy on the east side of Tonaquint Drive, Gerry Brown, applicant. The final plat conforms to the preliminary plat. Councilmember Isom made a motion that the final plat for the Joshuas at Southgate, Phase I, be approved and authorize the Mayor to sign this plat. Councilmember Gardner seconded the motion and it passed unanimously. Snow Haven Townhomes, Phase 2 This is a 4-unit development located on the south side of 900 South Street near I-15, Stafford Snow, applicant. The final plat conforms to the preliminary plat with the exception of the road that runs along I-15 which will be a public road instead of a private road as labeled. Councilmember Gardner made a motion that the final plat for the Snow Haven Townhomes, Phase 2, be approved with the change in notation indicating that the road will be a public and not private road and authorize the Mayor to sign this plat. Councilmember Whatcott seconded the motion and it passed unanimously. Cypress Pointe at Stonebridge This is a 34-unit development located between Dixie Drive and Country Lane, Milo McCowan, applicant. The project has been changed from condominiums to townhomes and the units enlarge, however, the final plat still conforms to the preliminary plat. Councilmember Gardner made a motion that the final plat for Cypress Pointe at Stonebridge be approved and authorize the Mayor to sign this plat. Councilmember Orton seconded and the motion passed unanimously. HILLSIDE DEVELOPMENT PERMIT: Jim McGuire, Associate City Planner, informed the Councilmembers that the Planning Commission and Hillside Review Board recommend approval of a hillside development permit to allow 200 East to extend north to tie into Skyline Drive, Steve Brown/Gary Tooke, applicants. City Council Minutes October 7, 1999 Page Four He explained that, as designed, there are two small areas exceeding the 40% slope. The Hillside Review Board approved this plan and approved further cutting into the hillside (monitored by the City Engineer) to remove excess material and sculpt the hillside. The Engineering Department recommended that the road be built away from the hillside, but for the applicant to build the size of building they would like, the hillside will need to be cut. Councilmember Isom made a motion to approve the Hillside Development permit to extend 200 North to tie into Skyline Drive as recommended by the Planning Commission. Councilmember Gardner seconded and the motion passed unanimously. Mayor McArthur emphasized that this action is the result of many meetings and site visits by the Hillside Review Board, Planning Commission and City Council. WALL MODIFICATION: Jim McGuire, Associate City Planner, introduced this item which has been approved by the Planning Commission. He advised Councilmembers that this development had once been known as Red Coral, then Bridlewood and is now Ironwood. He said that due to the number of lots with double frontage, staff had asked that the developer design a more decorative wall. The developer proposed a block wall topped with wrought iron fretwork. This was approval by both the Planning Commission and the City Council. After finding the wall design to be cost prohibitive, the applicant would now like approval of a split face block wall with a darker colored course of block on top and a colored concrete cap. Vince Clayton told Council Members that if the development conformed to double frontage rules, 26 homes would have to either be outside of the subdivision or the block and wrought iron wall would be needed. The cost of the block and wrought iron wall was $52 per linear foot which would cost approximately $3,700 per yard. That would increase the cost of the home substantially in a time when affordable housing is hard to find and also would not provide the kind of privacy and security that homeowners want. In order to create a sense of neighborhood and a solution that would be acceptable to the City Council, Mr. Clayton proposed that they build the six-foot wall described by Mr. McGuire with 4-foot set backs containing trees, shrubs and a water course. And, further, that they create a Homeowners Association to administer the CC&Rs and give the homeowners control over the look of their neighborhood. Councilmember Orton made a motion to approve modification of the wall to a six-foot split face block wall with a darker course of blocks on top and a colored concrete cap. Councilmember Gardner seconded and the motion passed unanimously. HEALTHY DIXIE: Robert Flowers, Police Chief, explained that Mayor McArthur and IHC had met and formed a committee charged with the mission of looking at health issues and making recommendation for improving community health. The first program of the committee is ?Strap on for Safety? a project to promote the importance of using seatbelts and child restraints. The group asked for a proclamation to be signed by the Mayor proclaiming October as ?Strap on for Safety? month. City Council Minutes October 7, 1999 Page Five Councilmember Allen read the proclamation which Mayor Arthur agreed to sign. PRESENTATION FROM DIXIE COLLEGE SKILLS USA (formerly VICA) CLUB: John Jensen, President, introduced the club officers present at the meeting: Ryan Snow, Parliamentarian, Brianna Pittman, Treasurer, American McNicken, Historian, Bryan Dockford, Vice President and Representative to the State of Utah, and Teresa Christensen, Secretary. The club members showed a video tape and explained how the program hopes to help both students and the community. They introduced a fund raiser in which they are participating to gather pop can tabs to exchange for dialysis for children with kidney disease. All of the Councilmembers pledged to help in the cause. Mayor McArthur commended the club for their service to the community and expressed his appreciation of their goals to create a skilled work force. On behalf of the entire club, Doug Dockford presented Mayor McArthur with a certificate in appreciation of his support. SIERRA CABLE SYSTEMS FRANCHISE APPLICATION: Brent Miner, applicant, as a representative of the Board of Directors of Sierra Cable Systems, presented this request to be granted a franchise agreement for a two-way interactive cable television system. The applicant understood that a hearing would be required, but wanted to make himself available today to answer any questions from the Council. He indicated that all department heads will be in attendance at the public hearing. He explained the mechanics of the system and the phases for placing the cable. Councilmember Allen asked what is time frame for telephone services. Mr. Miner said it would probably be within one year. She then asked why the community education channel is not listed. Mr. Miner told her it was listed under another name. Councilmember Allen asked if the lines would be overhead or underground. Mr. Miner said the bulk of the system is buried, but will follow the existing lines. Jonathan Wright indicated that the company would need to meet City standards of finance, company expertise and service levels in order to use City easements and rights-of-ways etc. Mr. Miner was asked to call Mr. Wright regarding what information he will need to provide and he was told that he would be notified of the hearing date. WATER MASTER PLAN ENGINEERING SERVICES AGREEMENT: The Water and Power Board recommended approval of this contract with Carollo Engineers to do design work, merge two water zones to improve efficiency and add an additional tank on the west side of town. The entire cost of design and construction will be $150,000. Councilmember Gardner asked when the project was scheduled for completion. Phil Solomon, Water and Power Engineer, said it would be completed by July. Councilmember Gardner made a motion to approve a contract with Carollo Engineers to provide design and construction engineering services for the 1999-2000 Westside Water System Improvement Project not to exceed $150,000. Councilmember Orton seconded the motion and it passed unanimously. City Council Minutes October 7, 1999 Page Six LEDGES ANNEXATION ENGINEERING SERVICES AGREEMENT: Gary Esplin explained that this item is an addendum of $6,240 to the Water and Power Capital Facilities Plans and Development Impact Fee Analysis contact with Alpha Engineering which would allow them to complete impact fees analysis for the Ledges area at the same time. Councilmember Gardner declared a conflict of interest although this contact had nothing to do with the annexation itself. Councilmember Orton made a motion to approve an addendum to the Water and Power Capital Facilities Plan and Development Impact Fee Analysis contract not to exceed $6,240 for impact fee analysis of the Ledges area. Councilmember Whatcott seconded and the motion passed unanimously with Councilmember Gardner in abstention. POWER LINE BURIAL: Gary Esplin, City Manager, asked that the Council consider a proposed agreement between the City and the West Springs Homeowners to bury power lines in order to eliminate the conflict caused by the large palm trees in the City right-of-way. The Homeowners Association proposes to pay the City $15,000 over the next three years toward the cost of burying power lines. Previously the City had agreed to raise the poles, but property owners countered with an offer to help bury the lines. The entire cost of the project will be $137,000 of which Falcon Cable will pay 50%, the homeowner?s association $15,000, and the City will participate by way of providing labor. The Council questioned having the lines buried in one area and overhead in another. Mr. Esplin told Councilmembers that other developments had been asked to participate, but were unwilling to do so at this time. Councilmember Whatcott made a motion to approve an agreement with the West Springs Homeowner?s Association in the amount of $15,000 paid over three years toward the cost of burying the power lines in front of their development. Councilmember Isom seconded and the motion passed unanimously. OLD CAA AIRPORT LEASE: Ralph C. Warner, applicant, explained that the company for which he is a consultant would like to lease the old CAA airport site at the rate of $700 per week for one year. They will use the facility to conduct vehicle handling and performance testing. He assured the Council that the company would operate under the same restrictions as before with a closed site and testing to be done on week days. The company will carry a $1,000,000 insurance policy and indemnify the City of any liability. Mr. Warner indicated that he has been in contact with the Remote Control flying organization and they do not have any objections to this contract. He assured the Council that he would notify all organizations prior to using the old airstrip and testing would not interfere with previously scheduled activities. He has drafted a lease agreement for review by the City Attorney. Councilmember Orton made a motion to approve a lease for use by Ralph C. Warner to conduct vehicle handling and performance testing in the amount of $700 per week for one year with the stipulations that the other users of the airstrip be notified prior to the testing and that the testing not interfere with previously scheduled activities. Councilmember Isom seconded and the motion passed unanimously. City Council Minutes October 7, 1999 Page Seven Councilmember Gardner stated that there have been accusations leveled at him and his family regarding ownership of the proposed replacement airport site. He asked to clarify the record. Councilmember Gardner told those present that in 1991 his family had entered into a land trade with the BLM. When the proposed replacement airport site was selected and BLM did not back out of the land trade, the Gardner family did, but the BLM would not honor the City?s request for an airport acquisition site. The Gardner family stepped in and reacquired the land and sold it to the City at the 1996 price of $5,000 per acre although the estimated value is $20,000-$25,000 per acre. This was a savings to the City of $1,000,000. At this time the property nearest to the airport site which is owned by the family is on 700 South. The Gardner family has no title to any of the airport property and has realized no gain from the sale of such. APPOINTMENTS TO VARIOUS BOARDS, AND COMMISSIONS AND APPOINTMENT OF AN ELECTION JUDGE: Gary Esplin told Councilmember that there were no Board or Commission appointments to be made, however, an election judge was needed. Councilmember Allen made a motion that the Council authorize use of the list of primary election judges for use in the November elections. Councilmember Isom seconded and the motion passed unanimously. The Council discussed the fact that the Spectrum had used incorrect voting information distributed by the County rather than the correct information issued by the City which resulted in voter confusion. This will be corrected for the November election. ADJOURN TO EXECUTIVE SESSION: There was no request for an executive session. MINUTES: Councilmembers were asked for comments on the September 23, 1999 minutes. The only change noted was on page 10 where a Councilmember name was omitted on a motion. Councilmember Allen had made the motion. Councilmember Gardner made a motion that the minutes be approved with the addition of Councilmember Allen?s name as the person that made the motion. Councilmember Isom seconded and the motion passed unanimously. Councilmembers were asked to consider the minutes of the September 28, 1999 meeting and all agreed that no changes were necessary. Councilmember Orton made a motion to approve the September 28, 1999 minutes as written. Councilmember Whatcott seconded and the motion passed unanimously. NEW BUSINESS: Kent Perkins indicated that he had received a request from Pine View High School to use the Social Hall, outdoor park, and, in case of inclement weather, the Foyer of the art museum for their Sadie Hawkins Day Dance on October 16, 1999. He asked that Councilmembers consider approval of this request. The high school has indicated they will have police and parental chaperones. Mayor McArthur indicated that he likes to see the high schools to use the City?s facilities. City Council Minutes October 7, 1999 Page Eight Councilmember Isom asked that use of the art museum foyer be approved by the artists who have work displayed there. Councilmember Isom made a motion that the request from Pine View High School to use the Social Hall, outdoor park and possibly the foyer of the art museum on October 16, 1999, be approved with the provision that approval be obtained from any artists with works displayed there. Councilmember Allen seconded and the motion passed unanimously. ADJOURNMENT TO NEIGHBORHOOD REDEVELOPMENT MEETING: Mayor McArthur called for a motion to adjourn to the Neighborhood Redevelopment Agency meeting. Councilmember Isom made a motion that City Council meeting be adjourned to Neighborhood Redevelopment meeting at 6:00 p.m. Councilmember Allen seconded and the motion passed unanimously. _______________________________ Miriam Palma, Secretary