City Council Minutes

Thursday, August 3,2000



ST. GEORGE CITY COUNCIL MEETING MINUTES REGULAR MEETINGThursday, August 3, 2000 4:00 p.m. City Council Chambers PRESENT: Daniel D. McArthur, Mayor Suzanne B. Allen, Council Member Larry H. Gardner, Council Member Rod Orton, Council Member Robert Whatcott, Council Member Gary S. Esplin, City Manager Jonathan L. Wright, City Attorney Miriam Palma, Deputy City Recorder EXCUSED: Sharon Isom, Council Member CALL TO ORDER: Mayor McArthur called the meeting to order at 4:30 p.m. and welcomed those present. He explained that the meeting was starting late due to his attendance at a farewell for the Reverend John Mahan. The Mayor expressed his appreciation for Reverend Mahan’s efforts in the community and wished him well in his new assignment in Oregon. Mayor McArthur excused Council Member Isom who is recovering from back surgery. He announced that Bob Nicholson would give the invocation and following that, Council Member Gardner would lead the flag salute. Following the flag salute, Mayor McArthur asked if there were any changes to the agenda. Gary Esplin said there was one addendum - a bid award for grass seed. Mayor McArthur told those present that the City employees of the week this week were Dennis Jorgensen and Rick Madsen, both of the Water and Power Department. He told how Dennis had lead the way to rid the power lines of the catch wires that are dangerous to kites and birds. He said he had called Rick Madsen regarding a complaint from a citizen of a noisy transformer. Rick responded immediately and replaced the aging transformer that same day. He expressed his appreciation for these two employees and all the City employees who strive to do their jobs well and respond quickly to citizens concerns. AWARD OF BID: Recreation Center Fitness Equipment - Gary Esplin told Council Members that the Recreation Center is experiencing a high rate of usage and there is a need to purchase more fitness equipment. He asked the Council to consider the award of a bid to Corporate Fitness Center with the deletion of the inner/outer thigh machines priced at $4,390. This adjustment brings the total to the budgeted amount of $36,000. Mayor McArthur commented that private industry had questioned whether the City should have such a facility or whether it would be unfair competition. He felt that the recreation center had not hurt the private sector, but had, in fact, stimulated business. Council Member Gardner made a motion to award the bid for fitness equipment to Corporate Fitness Center, with the deletion of the inner/outer thigh machine, for total of $36,000. Council Member Allen seconded the motion. Mayor McArthur called for a vote, and the City Council voted as follows: St. George City Council Minutes August 3, 2000 Page Two Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye Council Member Whatcott - aye The motion passed unanimously. Grass Seed - Mr. Esplin explained that this item has been added as an addendum because it will be necessary to overseed the golf courses next week. He asked that Council consider awarding the bid to Scotts Seed, which is a state contract, in the amount of $55,580. Council Members commented that they wanted it known that the golf courses do not use culinary water on the grass. Council Member Gardner made a motion to accept the bid from Scotts Seed for grass seed to overseed the City golf courses and Snow Park Softball Complex in the amount of $55,580. Council Member Whatcott seconded the motion. Mayor McArthur called for a vote, and the City Council voted as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The motion passed unanimously. PUBLIC HEARINGS: Amendment to Chapter 21 of the Zoning Ordinance Bob Nicholson asked Council to consider an amendment to Chapter 21 of the Zoning Ordinance to allow more small animals in the A-1 zone with a conditional use permit, and to clarify some inconsistencies in Section 21-6.3, City of St. George, applicant. At present the ordinance allows 30 small animals per acre and no recourse for business owners to request more. Mr. Nicholson felt this would give Council more flexibility in dealing with the public. Also, a conditional use permit can be rescinded at any time for noncompliance. Mayor McArthur declared the public hearing open and asked if anyone had come to speak to this issue. Gary Kuhlmann thanked staff for working with his client, who is the parrot barn owner. He asked that Council consider making this type of operation a permitted use and not a conditional use. He stated that the other restrictions of the ordinance would be self-limiting and that making this a permitted use would allow a property owner to work directly with staff rather than coming before Council. Jonathan Wright commented that these are residential size lots and such businesses will have impacts on other residents. He felt it would be wiser for Council to have conditional use discretion in these cases. Mr. Kuhlmann stated that at one time home occupations were considered conditional use permits. He indicated that as there had never been any problems, the ordinance was changed. He felt this situation was similar to the home occupation ordinance. He also felt that if a business owner had to show Council what their business would be like, they would have to invest the money to build the buildings and stock them with no assurances that a conditional use permit would be granted. Mr. Wright stated that, while we do not want to add an additional burden to either the Council or the business owners, we are talking about raising livestock St. George City Council Minutes August 3, 2000 Page Three in a residential area and if it is made a permitted use, the Council will have no control. Mr. Kuhlmann conceded that he could live with the language, but would like to see it changed. Thomas Hall - He expressed his opinion that this change to the ordinance would not protect the agriculture zone within the City. He felt it would encourage people to build large buildings for their commercial enterprises and destroy the open space. He then read portions of several ordinances and Utah State laws which, to him, proved that no wild animals could be kept by anyone. Mr. Wright reminded him that this is a zoning issue and does not have anything to do with the permits needed to raise certain types of animals. At this time Council is just addressing the numbers of small animals that can be housed in this zone. Council Member Whatcott asked if the number of animals is increased are we creating a commercial activity instead of agricultural. Council Member Gardner joked that while it does not always seem that way, agricultural ventures are meant to be commercial, not just an expensive hobby. Council Member Whatcott acknowledged the joke and changed his question to ask if this change will blur the line between agricultural and commercial zones. Council Member Orton made a motion that Council reject the amendment to Chapter 21 of the Zoning Ordinance allowing more small animals in the A-1 zone with a conditional use permit. Councilman Whatcott seconded. Council Member Gardner expressed his mixed feeling, but also felt that building some flexibility into the ordinance would be helpful in the future. Council Member Allen also expressed such feelings. She said she would like to see Council have the option to either accept or reject an application. Drew Ferwerda - Expressed his opinion that if the ordinance is written to minimize impacts on people, his birds would have less impact than cows or other large animals. Mayor McArthur called for any other comments. Hearing none he declared the public hearing closed and asked the Council Members to vote on the motion before them. The results of a roll call vote was as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Nay Council Member Gardner Nay Mayor McArthur Nay The motion failed. Council Member Gardner made a motion that Council approve the amendment to Chapter 21 of the Zoning Ordinance allowing more small animals in the A-1 zone with a conditional use permit and to clarify some inconsistencies in Section 21-6.3. Council Member Allen seconded and Mayor McArthur called for questions or discussion. Council Member Whatcott asked for further clarification of the amendment. He was told that the numbers and parameters are set in the ordinance. This St. George City Council Minutes August 3, 2000 Page Four change will only provide a way for someone to ask for additional animals, a request that must be justified. Council Member Whatcott also asked for a definition of small animals. Bob Nicholson read the definition from the ordinance of large animals and indicated all others are small animals. Hearing no further comments or discussion, Mayor McArthur called for the Council to respond to the motion before them in a roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Nay Council Member Whatcott Aye The motion passed. Amendment to Sections 6-7 of the Zoning Ordinance Bob Nicholson asked Council to consider an amendment to Chapters 6-7 of the Zoning Ordinance to remove the height limitation of parking lot light standards while still emphasizing that the light sources are to be hooded to prevent off-site illumination. City of St. George, applicant. Mr. Nicholson explained that enforcement of the 16-foot height limitation had been overlooked and consequently many parking lots now have light poles taller than 16 feet, but all are hooded. He told Council that the language of the ordinance is consistent with five of the six cities he surveyed and less restrictive that the sixth city. The Planning Commission has reviewed this ordinance and recommends Council approval. Mayor McArthur opened the public hearing and asked if anyone had come to speak to this item. Hearing no requests to speak, he closed the public hearing and asked for questions from the Council. Hearing none, he called for a motion. Council Member Gardner made a motion that Council approve an ordinance amending Section 6-7 of the Zoning Ordinance to remove the height limitation of parking lot light standards while still emphasizing that the light sources are to be hooded to prevent off-site illumination. Council Member Allen seconded and the Mayor called for a roll call vote as follows: Council Member Orton Aye Council Member Whatcott Aye Council Member Gardner Aye Council Member Allen Aye The motion passed unanimously. RESOLUTIONS: Resolution Concerning Golf Course Revenue Bonds Gary Esplin asked that Council consider approval of a resolution of the City Council of the City of St. George, Washington County, Utah (the Issuer), finalizing the term and conditions of the issuance and sale by the Issuer of its Golf Course Revenue Bonds, Series 2000, in the aggregate principal amount of $899,551.80; awarding and confirming the sale of said Series 2000 bonds; authorizing the execution by the Issuer of a second supplemental indenture of trust, and other documents required in connection therewith; authorizing and approving a bond purchase contract; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters. St. George City Council Minutes August 3, 2000 Page Five Mayor McArthur called for questions. As this had been discussed extensively in other meetings, there were none. Council Member Whatcott make a motion that Council approve a resolution of the City Council of the City of St. George, Washington County, Utah (the Issuer), finalizing the terms and conditions of the issuance and sale by the Issuer of its Golf Course Revenue Bonds, Series 2000, in the aggregate principal amount of $899,551.80; awarding and confirming the sale of said Series 2000 bonds; authorizing the execution by the Issuer of a second supplemental indenture of trust, and other documents required in connection therewith; authorizing and approving a bond purchase contract; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters. Council Member Allen seconded and the Mayor called for a roll call vote as follows: Council Member Orton Aye Council Member Whatcott Aye Council Member Gardner Aye Council Member Allen Aye The motion passed unanimously. STAFF REPORTS: Report of July 25, 2000, Planning Commission Meeting Bob Nicholson distributed a report from above-mentioned meeting. He introduced Mark Bradley, who has been the new Associate Planner for one week. He said Mr. Bradley has a Master’s degree in Urban and Regional Planning, from Eastern Washington University. He is originally from Moroni, Utah and has three young sons. Council welcomed Mr. Bradley to the City. Preliminary Plat for Point West Estates - Mr. Nicholson introduced the first item from Planning Commission, the Point West Estates, a 31-lot single family subdivision located north of the Santa Clara River and east of Dixie Drive in an R-1-10 Zone, Kevin Ence, applicant. He stated that the applicant is requesting that the City assume maintenance of the landscape area on the street-side of the privacy wall because no Homeowners Association is proposed for this single family subdivision. Mr. Nicholson showed the area on a map and pointed out the increased landscaping that would be installed to soften the effect of the privacy walls. He stated that ordinance allows for the City to assume responsibility of such areas if they are designed to City specifications. Mr. Ence has been working with Lynne Scott, Parks Superintendent, to ensure that they are. Council Member Orton asked if the Council had not asked staff to eliminate some of the privacy walls to satisfy property owners in the area. Mr. Nicholson responded that staff tries to eliminate privacy walls where possible, but in this case there is no access onto Dixie Drive and as they are all rear lot lines, and home owners would want privacy walls. Mr. Ence told Council that the Engineering Department was not willing to make the 66-foot road a 60-foot road with access and had required the privacy walls. The 10-foot landscaping is the compromise to soften the effect of the walls. Council Member Allen asked if the landscaping would be xeriscaping or other low maintenance planting. She was assured it would be. St. George City Council Minutes August 3, 2000 Page Six Mr. Esplin suggested that if the Council feels comfortable taking action on this preliminary plat this evening, they should leave the issue of maintenance until staff can review the situation. Council asked Mr. Ence to reiterate the details of the project and the changes made. Council Member Whatcott was concerned that instructions given to staff had been ignored. Council Member Gardner made a motion that Council approve the preliminary plat of the Point West Estates, a 31-lot single family subdivision located north of the Santa Clara River and east of Dixie Drive in an R-1-10 zone. Kevin Ence, applicant, with privacy walls and landscaping required along Dixie Drive and Stonebrook Drive frontages, but table a request that the City assume maintenance of the landscape area on the street-side of the privacy wall until staff has had a chance to review it. Council Member Orton seconded the motion. Mayor McArthur called for a vote as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The motion passed unanimously. Preliminary Plat Coventry Lane Townhomes - Mr. Nicholson asked that Council consider approval of a preliminary plat for Coventry Lane Townhomes, an 83-unit townhome project located north of above subdivision and east of Dixie Drive in a PD Residential Zone, Kevin Ence, applicant. He stated that the Planning Commission had approved the plat with the following conditions: 1) Santa Clara Field Irrigation Company will need to give written approval to relocate the existing irrigation line; 2) Privacy walls with landscaping will be required along Dixie Drive and Stonebrook Drive to be maintained by a Homeowners Association; 3) The applicant would like to utilize the proposed optional street cross sections, which are still pending as part of the SUHBA’s review of certain items in the proposed new Public Works Specifications; 4) The conceptual plan approved as part of the PD zone approved showed 86 units and the applicant requests flexibility to add three units if the wetlands issue can be resolved with the Corps of Engineers. Council Member Orton make a motion to approve the preliminary plat for Coventry Lane Townhomes, an 83-unit townhome project located north of the above subdivision and east of Dixie Drive in a PD Residential Zone, Kevin Ence, applicant, with the conditions set by the Planning Commission and with the provision that the applicant explore means of removing some of the privacy walls. Council Member Allen seconded the motion. Mayor McArthur called for a vote as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The motion passed unanimously. Council Member Whatcott expressed his concern that staff does not always take Council’s direction. Mr. Esplin agreed to have the landscaping compromise on the next agenda as well as a meeting with the Engineering staff. Council was assured that privacy walls are an absolute last resort. Final Plant For a Portion of 2800 South. Bob Nicholson asked that Council consider approval of a Final Road Dedication Plat for a portion of 2800 South Street east of River Road, City of St George, applicant. He indicated that this St. George City Council Minutes August 3, 2000 Page Seven was discussed many years ago when proposed by Warren Hannig, but it was never approved and recorded. Council Member Gardner made a motion to grant approval of a Final Road Dedication Plat for a portion of 2800 South Street east of River Road. City of St George applicant, and authorize the Mayor to sign the plat. Council Member Orton seconded the motion. Mayor McArthur called for a vote as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The motion passed unanimously. REQUEST FOR FEE WAIVER: Mr. Esplin asked that Council consider the Bloomington Lions Club’s request for a fee waiver for use of the Bloomington Park on October 14, 2000 for their annual fund-raising breakfast. He indicated that staff recommends approval of the request because there have been no problems in the past and the Club always leaves the area clean. Council Member Orton made a motion to approve waiver of the use fee for use of the Bloomington Park to the Bloomington Lions Club for October 14, 2000, with the provisions that they clean up the area afterward. Council Member Allen seconded the motion. Mayor McArthur called for a vote as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The motion passed unanimously. UTAH DEPARTMENT OF TRANSPORTATION, WALMART, CITY OF ST. GEORGE ROUNDABOUT IMPROVEMENT AGREEMENT (BLOOMINGTON INTERCHANGE IMPROVEMENT AGREEMENT): Mr. Esplin asked that Council consider approval of the Bloomington Interchange Improvement Agreement between the City, UDOT and Walmart for a roundabout in the intersection of Pioneer and Brigham Roads. He said that the conceptual design has been approved by UDOT and City Engineering staff. Both feel the design is workable. This agreement apportions the $1,484,984 cost of the improvement and he told Council he felt it is as fair an agreement as the City will be able to negotiate. He explained that the City had applied for an economic development grant to cover its share of the improvement. He is fairly confident that the grant will be forthcoming. He told Council Members that if the cost of the roundabout is less than anticipated, the City will realize the savings. Likewise, if there is an overage, Walmart will absorb the increased cost. He said the maximum exposure to the City is the amount to which we have agreed in the contract. Walmart’s money is used first, then UDOT, then the City. Lowry Snow, attorney for Walmart, appeared to answer any questions Council may have. He indicated that there is a default clause in the agreement as requested by the City. Jonathan Wright told Council that every change the City had requested had been incorporated into the agreement. Council Member Orton asked if the rights-of-way have been acquired. St. George City Council Minutes August 3, 2000 Page Eight Mr. Snow indicated that the zone change was contingent on getting this agreement signed. If it is signed, the property owners will be contacted regarding ROWs. Mayor McArthur indicated that the two largest objections to this project had been safety and funding. He felt funding had been addressed with the application for the economic development grant, but wondered if safety had been adequately addressed. Council Member Orton and City Manager Gary Esplin explained that they had been in touch with the Police Chief, Assistant City Manager, and City Engineer in Hilton Head South Carolina where they are using a roundabout of approximately the same dimensions as the one proposed for Walmart, which handles approximately 30,000-40,000 cars per day ( the same as the amount of traffic on Bluff and the Boulevard combined). The City officials are enthusiastic about the Roundabout and have found it to safely handle large volumes of traffic because it slows the traffic down and eliminates the possibility of "T-bone" crashes. Council Member Gardner expressed his concerns about funding. If the grant is not obtained and the agreement has already been signed, then the City will have to look to other City revenue sources which they had vowed not to do. He wondered if the agreement could be approved contingent on grant approval or if the item could be tabled until the grant was obtained. Council Member Whatcott agreed that City money cannot be used for the roundabout. He would not want the Mayor to sign the agreement unless a grant were obtained. Mr. Snow reminded Council Members that this is an improvement which should support the City for 20 years or more. City Attorney Jonathan Wright told Council Members that they could either pass a motion authorizing the Mayor to sign the agreement contingent on grant approval or table the matter to another meeting. Council asked if an undue hardship would be brought on Walmart if the matter were tabled. Mr. Snow said Walmart had some commitments with property owners that are about to run out. Jay Schneider, Walmart representative, indicated that Walmart would rather have Council commit to the agreement tonight rather than have him fly back to St. George in two weeks. Mayor McArthur reviewed the measures taken to ensure safety and financial responsibility and called for a motion. Council Member Orton made a motion to approve the Bloomington Interchange Improvement Agreement with UDOT and Walmart and authorize the Mayor to sign the agreement contingent upon receipt of grant approval. Council Member Whatcott seconded the motion. Mayor McArthur asked if there were further questions by Council before the motion was voted upon. Council Member Allen remarked that the roundabout seemed to have been studied in depth, but wondered if staff had fully addressed the issues of the single entry/exit road into Walmart. Dave Demas, City Engineer, said that issue and others had been addressed by the Sear Brown design. Ray Kuehne, Bloomington Resident, told Council he did not feel that the Sear Brown report had sufficiently studied the adequacy of Pioneer Road as the only St. George City Council Minutes August 3, 2000 Page Nine access to Walmart. He told Council Members that he had contacted UDOT and was told that Pioneer Road is the City’s responsibility. He said he had talked to the City Engineer who had said Pioneer Road may need to be widened, but he felt there was not room to widen that road and that traffic would eventually be diverted down Young Road. He cited the problem of one road in and out of the Dixie Center and felt this project would have the same problems. Mr. Demas stated that all City roads are subject to any use the Council deems necessary, however, access from Young Road is not being considered at this time. Council Member Gardner said that staff had addressed the issue of a one lane road in conjunction with the problems that might arise getting emergency vehicles in and out of the store. He stated that while the road will be striped with one lane, it is wide enough for emergency vehicles to maneuver around traffic if need be. Mayor McArthur told Mr. Kuehne that the City has competent staff who have studied these problems in great detail and found the solutions to the problems. He asked that Mr. Kuehne not editorialize or rehash old business in his comments. Mr. Kuehne then spoke of the existing City ordinance which bans alcohol within 600 feet of a church or school, etc. He said he wanted it on record that an ordinance can be changed at any time and he wanted Council’s assurances that if they want to sell alcohol, they will have to abide by the ordinance. Mr. Wright told Mr. Kuehne that this discussion is premature and that there is no reason to believe that Walmart would receive special privileges in this matter. Hearing no further discussion, Mayor McArthur called for a vote on the motion. as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The motion passed unanimously. PRESENTATION FROM HABITAT FOR HUMANITY: Due to a miscommunication, this presentation was not made. MAN O’ WAR BRIDGE PROJECT COOPERATIVE AGREEMENT: Mr. Esplin asked that the Council consider approval of a $176,457 cooperative agreement with UDOT for repair of the Man o’ War Bridge. This bridge has been placed on UDOT’s Bridge Rehabilitation program. He indicated that the City’s match will be 20% or $35,291.40. Council Members asked if the parapets were being replaced or just the deck. Jack Voris, Project Engineer, said that the substructure looks good, but the bridge deck is delaminating. He said the bridge will not disintegrate, but someone could lose a wheel through the deck. Council Member Gardner asked if the rails could be lowered to facilitate a view of the river for those crossing the bridge. Mr. Voris said the rails on one side of the bridge are for a horse crossing and could not be changed, but he would look at the other side. He told Council that as soon as the agreement with Sear Brown is finalized and approved by Council, the project can be bid. That will probably happen in October or November. The work will necessitate closing the entire bridge as St. George City Council Minutes August 3, 2000 Page Ten working on one half of the bridge at a time drives the cost up greatly. He felt a temporary road around the bridge could be built. Council Members asked if all the money would be used for the bridge. Mr. Voris said it probably would be, but if there were any extra money it could be used for channel improvements. Larry Bulloch told Council that we had received this grant because of our Transportation Improvement Plan. Council Member Gardner made a motion to approve the Cooperative Agreement with UDOT for the Bloomington Man O’ War Bridge repair project and authorize Mayor McArthur to sign. Council Member Allen seconded the motion. Mayor McArthur called for a vote as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The motion passed unanimously. LAND PURCHASE/DONATIONS/TRADES: Mr. Esplin distributed a map and memo from Ron Read outlining the proposed property purchases and donations. He commended Leisure Services for going the extra mile to get donations and negotiate low purchase prices in order to keep the costs of the City’s trail system down. He also thanked the property owners for being willing to work with the City. Kent Perkins told Council that Ron Read and Kent Garrett have been involved with getting 55 acquisitions on the drawing board. He said tonight they would like to finalize the purchase/donation of seven properties as follows: Snow/Frei - Purchase of 16.46 acres of riparian ground below Riverside Drive and the Ence commercial project that recently received a master plan and zone change. The purchase price is $30,000 and the purchase is part satisfaction of the order for the environmental violations from the wastewater t