City Council Minutes

Thursday, September 7,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 7, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Larry Gardner Councilmember Rod Orton (arrived at 5:00 p.m.) Councilmember Suzanne Allen Councilmember Bob Whatcott City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by City Attorney Jonathan Wright, and the invocation was offered by Vince Clayton. Mayor McArthur invited anyone who would like to lead the flag salute or offer the invocation at future meetings to contact him. Mayor McArthur recognized the St. George Royalty who presented the City with the Washington County Parade Heritage Award for the most beautiful float. Mayor McArthur advised that two items were tabled from the agenda - a request for waiver of City permit fees for the Doctors’ Fee Clinic, and an agreement with the Gubler family for a right-of-way and sewer easement along Dixie Drive. He advised both items would be rescheduled on the next City Council agenda. CONSENT CALENDAR: Consider approval of the financial statement for July, 2000. City Manager Gary Esplin advised the financial statement is for the first month of the new budget year and there is nothing noteworthy at this time. Councilmember Gardner requested that in the future actual budget amounts be shown on the graphs in the statement. He made a motion to approve the financial statement as presented. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous, and the motion carried. AWARD OF BID: Consider award of bid for the purchase of a 60 ton scale for use at the Reuse Center. Purchasing Agent Sue Swensen advised that four bids for purchase of a 60 ton truck scale to the be used at the reuse facility were received as follows: Halverson Company $24,439 Fairbanks Scales $34,975 Meldrum Scales $27,663 Atlas Scale $26,200 She recommended award to the lowest responsible bidder, Atlas Scale, in the amount of $26,200. St. George City Council Minutes September 7, 2000 Page Two City Manager Gary Esplin advised the bid submitted by Halverson Company did not meet City specs and was therefore not considered. Mr. Esplin explained the scale will be used to weigh loads being taken to the landfill, and in the future will be jointly used for other projects. A motion was made by Councilmember Whatcott to award the bid to the lowest responsible bidder, Atlas Scale, in the amount of $26,200. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote as follows: Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous, and the motion carried. AWARD OF BID: Consider award of bid for the purchase of police vehicles. Purchasing Agent Sue Swensen advised that six packets were mailed to dealers throughout the City, but only one bid was received, that being from Newby Buick. She recommended award of the bid to Newby Buick in the amount of $40,950 for purchase of two police vehicles for the Chief and Captain. City Manager Gary Esplin advised the amount bid is below the State bid, and in fact most bids for automobiles have been awarded to local dealers in the last several years. A motion was made by Councilmember Gardner to award the bid to Newby Buick in the amount of $40,950. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Isom - aye The vote was unanimous, and the motion carried. AWARD OF BID: Consider award of bid for the annual street rehabilitation project. Purchasing Agent Sue Swensen advised the City received four bids as follows: Western Rock Products $513,945.07 A-T Asphalt Paving and Grading $499,135.96 Interstate Rock $598,739.09 Progressive Contracting $583,319.70 She recommended award of the bid to the low bidder, A-T Asphalt Paving and Grading, in the amount of $499,135.96, which is lower than the engineer’s estimate of $614,698.32. A motion was made by Councilmember Isom to award the bid to the low bidder, A-T Asphalt Paving and Grading, in the amount of $499,135.96. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote as follows: Councilmember Isom - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous, and the motion carried. St. George City Council Minutes September 7, 2000 Page Three AWARD OF BID: Consider award of bid for replacement bridges at the City’s golf courses. Purchasing Agent Sue Swensen advised that three bids were received as follows: Excel Bridge $67,000 Alt. 3A $74,500 Bridge America $55,555 Alt. 3A $60,775 Steadfast Bridge $74,891 Alt. 3A $79,224 She recommended award to the low bidder, Bridge America, in the amount of $55,555. City Manager Gary Esplin advised award of this bid is for replacement of two bridges at Southgate and one bridge at Sunbrook. Councilmember Gardner commented that these funds are taken from the Enterprise Fund, and not the General Fund. He made a motion to award the bid to the low bidder, Bridge America, in the amount of $55,555. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous, and the motion carried. PROXIMITY ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 2, St. George City Code, relating to proximity limitations for vending alcohol products. City Attorney Jonathan Wright explained this proposed ordinance addresses three issues - the method of measurement, proximity limitations between licensed premises, and the effect of a school, church, park or library on a licensed premise. He recommended deletion of the City’s current method of measurement by radius, and adoption of the State’s method, which also includes a blanket 200’ straight line measurement as well. The City’s ordinance currently provides for 600’ between licensed premises, while State law imposes no such restriction. Given the City’s current trend of development, the first one in would obtain the license to the exclusion of any others. Staff suggests that the City Council delete the proximity limitation between licensed premises. Lastly, the City’s ordinance states that licensed premises shall not be located within 600’ of a school, church, park or library. The City has had many instances where a school or church has built next to a licensed premise, and technically the licensed premise would then be precluded from vending alcoholic beverages. He recommended changing this provision so that if a school, church, park or library built next to an established, licensed premise, they would be doing so as their own decision and they could not force the loss of a license to sell alcohol. Councilmember Isom inquired if the proposed ordinance addressed the sale of a licensed premise when a school, church, park or library was already located by the licensed premise. St. George City Council Minutes September 7, 2000 Page Four Mr. Wright replied that the owner of the licensed premise would be able to sell the business, and the proximity limitation would not attach because the premise was already licensed. A motion to approve the ordinance as presented was made by Councilmember Gardner. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous, and the motion carried. ABANDONMENT ORDINANCE: Consider approval of an ordinance abandoning all or a portion of the platted street south of Riverside Drive. City Manager Gary Esplin explained the request is for abandonment of the road to the adjacent property owners, Ence Construction. Staff has reviewed the request and approves it. This is an old platted but undedicated street, and the City would be quit-claiming whatever interest it may have in the road. A motion was made by Councilmember Gardner to approve the ordinance as presented. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Whatcott - aye The vote was unanimous, and the motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement in the Canyon View Ridge Subdivision at Sunbrook Phase I on Lot 28, and approve a request to purchase surplus golf course property adjacent to this lot. City Manager Gary Esplin explained the City has granted similar requests in the past. The homeowner will grant another easement, and purchase surplus golf course property which is out of play and adjacent to his home. Staff supports the request. The money received from the property purchase will be put back into the Golf Course fund, and the City will not have to maintain the property. A motion to approve the abandonment resolution and approve sale of surplus golf course property was made by Councilmember Isom. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a roll call vote as follows: Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous, and the motion carried. BOND RESOLUTION: Consider approval of a resolution authorizing and approving the execution of an annually renewable lease agreement dated as of September 1, 2000 by and between said City and the Municipal Building Authority of the City of St. George, Washington County, Utah (the St. George City Council Minutes September 7, 2000 Page Five "Authority"); authorizing the execution by said City of a sublease agreement by and between said City and the Washington County School District, Washington County, Utah (the "District"); authorizing the issuance and sale by the Authority of its lease revenue bonds, Series 2000, in the aggregate principal amount of $350,000; authorizing the execution by the Authority of a master resolution, a ground lease by and between the Authority and the District, security documents, and other documents required in connection therewith; authorizing the renovation and remodeling of the historic Woodward School in St. George, Utah, and related improvements; authorizing the taking of all other actions necessary to the consummation of the transaction contemplated hereby; and related matters. City Manager Gary Esplin explained City Council action with regard to this resolution must precipitate Municipal Building Authority action, and will authorize the Municipal Building Authority to issue $350,000 in Building Authority bonds for renovation of the old Woodward school. The Community Impact Board made a grant and a loan to the City who joined with the School District to act as a conduit for the grant. There is no fiscal impact on the City’s debt service charged by the Community Impact Board, as the debt services is being repaid by the School District at the exact same rate. Mr. Esplin advised the City will receive a significant benefit to the downtown area in the renovation of the historic Woodward school building. A motion to approve the resolution as presented was made by Councilmember Whatcott. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Gardner - aye The vote was unanimous, and the motion carried. GOLF FEE SCHEDULE: Consider approval of a fee schedule for City golf courses for the upcoming season. Golf Director Dave Terry advised it is staff’s intent and primary goal to recoup sales tax on green fees which the City is paying to the State. This amounted to $290,000 last year. Determining how to do this has been a long process, but staff recommends adding the sales tax and rounding the new golf fee to a workable number to make transactions as easy as possible. This will generate needed funds to continually improve the City’s golf courses. He then reviewed with the Mayor and City Council each new proposed fee. A copy of the proposed green fee schedule is attached hereto as Exhibit "A." Councilmember Whatcott complimented Leisure Services Director Kent Perkins, Golf Director Dave Terry, and the golf pros for their diligence in coming up with a reasonable fee schedule. He commented the last thing the City wanted to do was raise rates, but at the same time the City is in a great position because it does not have to have a profit margin. Golf patrons can play on City courses for the cost to golf only. However, the cost of fertilizer, water, and employee costs continually rise, and golf rates must be raised periodically to cover these expenses. An easy way to do this is to begin including sales tax in the green fees, as the City had to pay $290,000 to the State last year in sales tax. The City must be prudent and plan for unexpected expenses associated with the golf courses and have a reserve fund. He stated the proposed fee schedule was the best method of covering the City’s costs, yet still keeping golf affordable for area residents. St. George City Council Minutes September 7, 2000 Page Six Mr. Terry advised that even though St. George golf courses have a very short season within which to generate revenue, the rate will still be lower than those in the Salt Lake area. The City is trying to be efficient in its golf course operations and wants to charge as little as possible to encourage as many as possible to play golf, but the golf courses are self-supporting through an enterprise fund, and they must pay their way. City Manager Gary Esplin advised the new rates will be posted on a board at each golf course with a message advising that sales tax is now being charged and is included in the green fee. Councilmember Orton arrived. City Manager Gary Esplin advised the new golf fee structure also includes use of a resident card. Residents may obtain a resident card at the Leisure Services Office with a drivers license, voter registration, utility bill, or property tax bill. A card will be issued for $10, with a renewal fee of $5 each year thereafter. Mr. Esplin advised residents’ names will be entered in a computer in case they forget their cards. Councilmember Whatcott commented that the word will soon be spread throughout the golf community where to go to purchase resident cards. He made a motion to approve the new green fee structure as presented. City Manager Gary Esplin commented the resident card will only be good for one person, and cannot be shared between a husband and wife or other family members, or between multiple owners of a residential unit. Mr. Terry advised that punch cards can be used by husbands and wives and children under 24 years of age. Councilmember Isom seconded the motion made by Councilmember Whatcott. Mayor McArthur called for a vote as follows: Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Gardner - aye The vote was unanimous, and the motion carried. Councilmember Whatcott was excused from the meeting. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from Open Space to R-1-10 Single Family Residential on 4,675 sq. ft. of property adjacent to 3356 Chaparral Drive. James Cluff, applicant. Community Development Director Bob Nicholson advised that the applicant intends to purchase a 4,576 sq. ft. parcel immediately adjacent to his lot to build a detached garage. The parcel is located adjacent to a drainage wash and the Engineering Department advises the applicant’s use of the property will not affect or damage the ability of the wash to carry water. There has been no opposition from neighbors, and the Planning Commission recommends approval. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve by ordinance the zone change as requested. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote as follows: St. George City Council Minutes September 7, 2000 Page Seven Councilmember Gardner - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 to C-2 on 6.5 acres located on the southwest corner of 2000 North Snow Canyon Parkway. State School Trust Lands, applicant. Community Development Director Bob Nicholson advised that 6.5 acres adjacent to the intersection of 2000 North and Snow Canyon Parkway is presently zoned C-2. The applicant would like to extend commercial zoning on its property from mid-block up to 2000 North. The applicant has no plans for the property at this time other than to sell it. The Planning Commission recommended approval. Councilmember Isom advised she would prefer to see PD Commercial zoning rather than C-2. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. Councilmember Gardner commented there is a need for neighborhood commercial, but the question is how large the commercial area should be. City Manager Gary Esplin advised it is good planning to allow some neighborhood commercial, and that is why the area was zoned C-2. However, staff does not feel good about strip commercial centers all the way from Sunset Blvd. to Ivins, and commercial zoning should be limited to a few intersections along Snow Canyon Parkway so that it does not become another Sunset Blvd. Community Development Director Bob Nicholson advised that allowed uses in a C-2 zone include professional offices, retail stores, sale of new or used auto parts, auto repair and storage, and gas stations. C-2 zone is more limiting than C-3 zoning. Councilmember Allen expressed concern that car sales are allowed in a neighborhood commercial area under C-2 zoning. Community Development Director Bob Nicholson advised C-1 zoning is another option, and would allow convenience commercial such as a barber shop, bank, or beauty shop. No auto repair would be allowed. Councilmember Orton made a motion to approve the zone change to C-2 by ordinance. The motion died for lack of a second. LeeAnn Morgan, State Institutional Trust Lands, advised they would prefer consistent zoning of the area to continue on with what has already been zoned C-2. She advised they have no plans for the property at this time and SITLA may not be opposed to C-1 zoning as it is concerned about development along Snow Canyon Parkway too. She requested that the matter be tabled. A motion to table the request was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 7, 2000 Page Eight PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 22, 2000, recommended approval of the preliminary plat for Sun River 5A with 16 units on Ironwood Drive in the Sun River project, subject to removing the lot lines to provide for a 10’ separation between dwellings, or show 10’ sideyard setbacks on each side of the lot boundary line, for a total of 20’ separation between dwellings. Scott McCall, agent for Sun River Development, applicant. Rick Rosenberg, agent for the applicant, advised that Sun River is trying to develop a way within the PD requirements of the ordinance to cut back on the number of plat amendments needed when one owner buys two lots and builds one home encompassing both lots. He advised the plat amendment process is complicated and time consuming, and he is trying to come up with a way to plat PD units side by side so that a home can be built on two lots without having to go through the amended plat process. City Attorney Jonathan Wright conceded the plat amendment process was time consuming, but Mr. Rosenberg’s suggestion would be difficult to put into practice. If the City accepted the plat in its present form, it would be allowing 5’ setbacks or 10’ separation between homes, and every subdivision would be wanting 5’ setbacks. He suggested that larger lots be available for those who would otherwise have to purchase two lots to build one home. Councilmember Isom advised CC&Rs also specify that any changes to the project must be done by plat amendment. Mr. Rosenberg commented he would eliminate the lots lines on the plat and show pads and setbacks as requested by the Planning Commission, but he would like to continue to work with staff to save the City and the development community a lot of time with regard to plat amendments. City Attorney Jonathan Wright advised the City has been working with Mr. Rosenberg, but has not been able to find anything that is fair and keep the integrity of all subdivisions in the City. A motion was made by Councilmember Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 22, 2000, recommended approval of the final plat for Royal Oaks Phase 4 with 41 single family lots in an R-1-8 zone at 1270 North 1530 West, subject to abandonment of the easement on the east side of the property line of Lot 91. Kendrick Rogers is the applicant. A motion to approve the final plat subject to the recommendations of the Planning Commission, and authorize the Mayor to sign it, was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye St. George City Council Minutes September 7, 2000 Page Nine The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 22, 2000, recommended approval of the final plat for The Cliffs of Snow Canyon Phase I, Plat A, with six townhome units at 3052 North Snow Canyon Parkway subject to the final plat reflecting appropriate notes as approved by the Engineering Department and labeling the Sand Hollow Wash. Rick Smith and Randy Deschamps are the agents. A motion to approve the final plat subject to the recommendations of the Planning Commission and authorize the Mayor to sign the plat was made by Councilmember Isom. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote as follows: Councilmember Isom - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 22, 2000, recommended approval of the final plat for The Cliffs of Snow Canyon Phase I, Plat B, with 39 townhome units at 3052 North Snow Canyon Parkway subject to the final plat reflecting appropriate notes as approved by the Engineering Department and labeling the Sand Hollow Wash. Rick Smith and Randy Deschamps are the agents. A motion was made by Councilmember Gardner to approve the plat subject to the recommendations of the Planning Commission and authorize the Mayor to sign it. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. OTHER PLANNING COMMISSION ACTIONS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 22, 2000, approved a mobile sales office elevation within 200’ of the freeway for cargo trailer sales on Bluff Street and Hilton Drive across from the Budget 8 Motel, with the understanding that there will be no signs on the back of the building or fence, and additional landscaping will be installed along the east property line. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 5, 2000, recommended public hearings be scheduled for October 5, 2000 at 5:00 p.m. to consider (a) a zone change from R-1-10 to C-3 on approximately ten acres located at 800 North 2720 East. Paul Ceislewicz, applicant; (b) a zone change from R-1-7 to R-3 on 7.06 acres located north of 450 North and about 2800 East. Linda Kirkpatrick, applicant; (c) a zone change from MH-6 and R-1-10 to R-3 for property located south of Pine View High School and west of 3050 East Street. City of St. George, applicant; and (d) a zone change from R-1-10 to M-1 for property located east of 3050 East on about 750 North Street. City of St. George, applicant. St. George City Council Minutes September 7, 2000 Page Ten A motion was made by Councilmember Allen to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote as follows: Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting of September 5, 2000, recommended approval of the preliminary plat for Oak Creek Subdivision with 16 single family lots in an R-1-10 zone located on the south side of Stonebridge Drive north of the Virgin River and west of Valley View Drive, subject to an erosion study and meeting its requirements. Clayton Leavitt is the applicant. A motion was made by Councilmember Isom to approve the preliminary plat subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote as follows: Councilmember Isom - aye Councilmember Gardner - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting of September 5, 2000, recommended approval of the preliminary plat for Meadowood Subdivision with 84 single family lots in an R-1-7 zone located on the south side of 100 South Street north of Stonebridge Drive and west of Valley View, subject to Lots 36-45 being restricted to single level homes. Clayton Leavitt is the applicant. A motion was made by Councilmember Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting of September 5, 2000, recommended approval of the preliminary plat for Slickrock Ridge Subdivision Phase IV with 59 single family lots in an R-1-6 zone at 2450 East and Riverside Drive. Jeff Chapman is the applicant. A motion to approve the preliminary plat was made by Councilmember Orton. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote as follows: Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye St. George City Council Minutes September 7, 2000 Page Eleven The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting of September 5, 2000, recommended approval of the final plat for Paradise Circle with nine single family lots in an R-1-7 zone at 1460 West Circle Street and Snow Canyon Parkway. Allan Carter is the applicant. A motion was made by Councilmember Gardner to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote