City Council Minutes

Thursday, October 5,2000



REGULAR MEETING CITY OF ST. GEORGE WASHINGTON COUNTY, UTAH CITY COUNCIL October 5, 2000 - 4:00 p.m. PRESENT: Mayor Dan McArthur Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Rod Orton Councilmember Bob Whatcott City Manager Gary Esplin Associate Planner Mark Bradley City Attorney Jonathan Wright Deputy City Recorder Vesta Tingey EXCUSED: City Recorder Gay Cragun CALL TO ORDER: Mayor McArthur called the meeting to order and welcomed those in attendance. FLAG SALUTE: Trisha Gubler led the flag salute. INVOCATION: Brent Gardner offered the invocation. Leisure Services Director Kent Perkins made an announcement regarding the 24th annual marathon that takes place on Saturday, and invited the Mayor and Council to a luncheon at the Art Museum and the Expo at the Dixie Center. There are 6200 runners participating in the marathon on Saturday, and Mr. Perkins encouraged the Council to be in attendance at the finish line. Pat Elster - with the Zion Pioneerzz - told about the Pioneerzz season, and that they brought the championship home this year. He announced that the name of the ball club will be changed to St. George Pioneers, and the trophy reflects the new name. The trophy was passed around for the Council to see. Mr. Elster also presented the Council with Pioneerzz baseball caps. Mayor McArthur congratulated them and thanked them for being at the meeting. Councilmember Rod Orton related that Dixie High School won 2nd at the golf tournament last week. Mayor McArthur said Dixie High also took championship in tennis. Mayor McArthur announced that two items had been deleted from the agenda, #4F to consider approval of an ordinance setting fees for cellular phones in the City; and #6A-1 to consider acceptance of a donation from the Jennings family. St. George City Council Minutes October 5, 2000 Page Two BID OPENINGS: Consider award of bid for the installation of the golf course bridges which were purchased previously for Sunbrook and Southgate. Sue Swenson read the four bids that were received for this project as follows: 1. Samcor - $84,503; 2. Sunroc - $87,066; PCI, $83,419; Comm.Design, $87,124. PCI was the low bidder with $83,419, and Sue recommended accepting the low bid. Councilmember Gardner made a motion seconded by Councilmember Orton to accept the PCI bid of $83,419. All voted aye. ORDINANCE: Consider approval of an ordinance abandoning a portion of 100 West Street from Tabernacle to 100 South. Gary Esplin explained that the school district plans to build a new office building on 100 West and Tabernacle. It is proposed to abandon a portion of 100 West and sell it to the School District. The 2 homes at the south end of 100 West will still have access with a turn around, and that portion will not be abandoned. Councilmember Isom made a motion to abandon by ordinance a portion of 100 West Street. The motion was seconded by Councilmember Gardner. Roll call vote: Voting aye, Councilmembers Whatcott, Orton, Isom, Allen and Gardner. The motion carried. PLANNING COMMISSION REPORT: CONDITIONAL USE PERMIT: Mark Bradley explained Nextel’s request to locate antennae on 2 sites in the City: (1) the Skyline Center at 301 North 200 East, and (2)on top of a light pole at Cooper Field on the Dixie College Campus. Nextel would replace the 87’ high pole at Cooper Field with a larger pole, replace the lights at 87’ with the 13’ antenna on top. Mr. Simone said the antenna dimension is 10’ per panel in a triangular shape. They are trying to avoid interference by going that height. Councilmember Whatcott said from the picture this appears to be on a light pole at Hurst Field. Mr. Simone said Mr. Carnahan said they could go to either location on the campus. There will be 4 antennae on each side of the triangle There is a possibility to share the pole at a location 13’ St. George City Council Minutes October 5, 2000 Page Three below this antennae. They would have to work out the interference problems. Councilmember Gardner said the one at the Elks Field is hardly noticeable. Mr. Simone said the location at Dixie College gives them the coverage they need. They could try to get as low as possible, but they need to avoid interference and get the best possible coverage. There was considerable discussion regarding different sites. Councilmember Orton suggested this be delayed to give the Council a chance to go out and look at the sites. Mr. Simone said he had no problem with that. Councilmember Orton suggested to bring it up at work meeting next week. Mr. Simone said the location is near a transformer and their ground equipment would be next to the fenced in transformer and wouldn’t be very visible. The antennae will be painted to match the background. The Council also want to visit the Skyline building site. Lucia Christensen, a property owner in the vicinity of the Skyline Center, presented a petition signed by 26 residents in the area requesting denial of the Skyline building antenna stating the antennae will be unsightly; they will detract from the natural beauty of the area; lower property values; possible unknown health hazards; exceeds the City code. Helen Stevens, who lives adjacent to the building, said she stopped at the City Office, but did not get any questions answered. She bought her home because of the view, and it is now being destroyed first by the building and now with antennae. Councilmember Orton made a motion seconded by Councilmember Whatcott to table this item so the Council can visit the sites. All voted aye. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for the New Life Christian Center at 2025 South Circle. St. George City Council Minutes October 5, 2000 Page Four Mark Bradley explained the request to build a New Life Christian Center between the new Peach Tree Assisted Living Center and the I-15 Freeway on 2025 South Circle. Councilmember Gardner made a motion to approve the conditional use permit for a New Life Christian Center located east of Peach Tree Assisted Living Center on 2025 South Circle as presented. Councilmember Whatcott seconded the motion. All voted aye. PRELIMINARY PLAT: Consider approval of a preliminary plat for Crimson Cliffs Subdivision with 53 single family lots in an RE-20 Zone at 2560 E. 2450 S. Derrill Larkin, applicant. Mark Bradley said the Planning Commission approved this preliminary plat subject to obtaining an easement from the adjacent property owner on 2000 south to create a turn around. Councilmember Orton made a motion to grant approval of the preliminary plat for Crimson Cliffs Subdivision subject to obtaining an easement for a turn around on 2000 South. The motion was seconded by Councilmember Isom. All voted aye. PRELIMINARY PLAT: Consider approval of a preliminary plat for Torry Palms at Sunbrook with 77 units located on Sunbrook Drive. Marc & Evan Fonger, agents. Mark Bradley explained this is a much improved plan over the first one that was submitted in 1998 in that there are 10 less units in the project and the access and drainage have been improved. Councilmember Orton made a motion to approve the preliminary plat for Torry Palms at Sunbrook as presented. Councilmember Gardner seconded the motion. All voted aye. PRELIMINARY AND FINAL PLAT:Consider approval of a preliminary and final plat for a 1 lot subdivision and road dedication for a portion of Tuweep Drive at Entrada north of 2000 North. Mark Bradley explained this is to legally show the parcel of land and the dedicated area for the public street. St. George City Council Minutes October 5, 2000 Page Five Councilmember Whatcott made a motion to approve the preliminary and final plat for a 1 lot subdivision and road dedication for a portion of Tuweep Drive at Entrada. Councilmember Isom seconded the motion. All voted aye PUBLIC HEARINGS: ZONE CHANGE: Public hearing to consider approval of a zone change from R-1-10 to C-3 and R-3 for approximately 10 acres located about 800 N. 2720 East. Paul Ceislewicz, applicant. Mark Bradley explained the request and pointed the location out on the map. The Planning Commission recommended approval for this zone change. Gary Esplin said there is an ownership problem in getting the road (850 North Street) through and if the road cannot be approved, the C-3 zone may not be appropriate for the area. The road is dependent on four other parties besides the applicant. Councilmember Isom declared a conflict of interest in that she is handling this sale. Paul Ceislewicz explained his request and said he started out with a residential zone but with the road in question, Staff and Planning Commission recommended that the C-3 zone was better. Jonathan Wright said without the road, it is not appropriate for commercial. The zone change would need to be subject to getting an agreement with the property owners for the road. Gary Esplin explained that there is a proposed property exchange going on between the property owners that would solve the road situation if it is accepted. There is a wet lands issue on one of the parcels that is proposed to be traded to Jeff Klein, and he doesn’t want the property unless the wet land can be moved off the property. Mayor McArthur opened the public hearing. There were no comments from the audience. Mayor McArthur closed the public hearing. Gary Esplin explained the proposed agreement between the LDS Church, Washington County School District and Jeff Klein, and the City. Mr. Klein would need to be compensated for the road - there is a proposed trade of properties to get it all in place. The City would use its area in the southeast portion of the land exchange for a St. George City Council Minutes October 5, 2000 Page Six drainage basin. There is concern that 750 North may become a thoroughfare when Costco opens. It is presently a hazardous situation with 750 North going between the LDS seminary and Pine View High School. Mr. Klein won’t take ownership of the property on the northeast until the wetlands designation on it has been eliminated. The plan will allow for better drainage and water lines and better traffic flow. The Corps of Engineers would have to free up the wetlands. Councilmember Gardner made a motion to approve the zone change from R-1-10 to C-3 and R-3 by ordinance subject to the agreement with the property owners is in place before the zone becomes effective. Councilmember Orton seconded the motion. Roll call Voting aye: Councilmembers Whatcott, Orton, Isom, Allen and Gardner. The motion carried. ZONE CHANGE: Linda Kirkpatrick R-1-7 to R-3 Mark Bradley pointed the location out on the map and said with an R-3 zone a density of about 13 units per acre. Two letters of opposition were received. Mayor McArthur opened the public hearing. Councilmember Isom declared a conflict because someone in her office is handling the work. Mayor McArthur closed the public hearing. Linda Kirkpatrick explained her request is because there is an 80’ right of way separating this property from her existing R-1-7 subdivision. This is adjacent to Springtree Condos and also noise and lights from Pine View High. The intent is to have some smaller homes or a twin home concept. 450 N. is already constructed partway from the Industrial Park. She has been able to provide some affordable housing in Fox Cove and thinks there is a good market for the same type of units on this property. Councilmember Gardner made a motion to approve by ordinance the zone change from R-1-7 Single Family Residential to R-3 Multiple Family Residential for 7.06 acres of property located north of 450 North and about 2800 East. Councilmember Whatcott seconded the motion. Roll call vote: Voting aye: Councilmembers Gardner, St. George City Council Minutes October 5, 2000 Page Seven Allen, Isom, Orton and Whatcott. The motion carried. ZONE CHANGE: Consider approval of 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. Washington County School District, applicant. Mark Bradley explained this property is owned by the school district and it is east of Linda Kirkpatrick’s parcel. The Planning Commission recommended approval of this zone change. It cleans up some irregular zone boundaries in the area. Mayor McArthur opened the public hearing. There were no comments from the floor so the public hearing was closed. Councilmember Orton made a motion to approve by ordinance the 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. Councilmember Isom seconded the motion. Roll call vote: Aye, Councilmembers Whatcott, Orton, Isom, Allen and Gardner. The motion carried. ZONE CHANGE: Consider approval of a zone change from R-1-10 to M-1 for property located east of 3050 East on about 750 North Street. Scott Sandberg, applicant. Mark Bradley explained that a few months ago the Council approved an M-1 zone on the east city boundary leaving this R-1-10 gap between two M-1 Zones, and this also cleans up this zone boundary. Mayor McArthur opened the public hearing. There were no comments from the floor so the public hearing was closed. Councilmember Allen made a motion to approve by ordinance a zone change from R-1-10 to M-1 on the parcel of property that lies between two M-1 zones as described east of 3050 East on about 750 North. Councilmember Gardner seconded the motion. Roll call vote: Aye, Councilmembers Gardner, Allen, Isom, Orton, and Whatcott. The motion carried. LANDSCAPE DEFERRAL: Consider a request to defer landscape improvements for a cargo trailer sales lot at the corner of Bluff Street and Hilton Drive. Martin Lustig, applicant. St. George City Council Minutes October 5, 2000 Page Eight Gary Esplin explained the request from Mr. Lustig to delay the landscape requirements on his cargo sales lot until the SID goes in. Martin Lustig said this was a request to delay improvements for landscaping and curb and gutter. He didn’t intend for the SID to put in the curb and gutter, but the contractor said it would be torn up anyway because the road elevation would be raised. He posted a performance bond for the work. The sales office will be a mobile office. He presented some pictures of the proposed mobile office. He didn’t want to landscape along the walking trail because the drainage channel is along there with weeds 6’ to 10’ high. Councilmembers Allen and Whatcott both had the impression that the cargo sales use was going to be temporary for three years only. Mr. Lustig said it was never proposed to be temporary, and he said the driveways and around the office will be asphalted, but he didn’t intend to pave the parking. Mark Bradley read from the ordinance Chapter 6 which says parking lots were to be paved. Mayor McArthur said if this is a permanent facility, it will need to have full improvements. Councilmember Gardner read from the minutes of the previous meeting that the facility would be a temporary facility for up to 3 years. Councilmember Whatcott said this is the entrance into the city, and it is important for it to be attractive. Mr. Lustig said there are lots all over town that are not paved. Gary Esplin said they were in before the ordinance and came in as a temporary use. We are looking legally at alternatives that we have. Any new business coming into that area will be required to put in landscaping and asphalt to comply with the existing ordinance requirements. Councilmember Gardner said when this item was heard in July, it was understood the use was temporary, the only issue at that time dealt with was the delay of improvements for the road, and it was framed around the impression that it was a temporary use on the site. St. George City Council Minutes October 5, 2000 Page Nine Gary Esplin said it was his understanding that it was a temporary use, but since this is a permitted use in the ordinance, then the issue here are the requirements for the improvements. Councilmember Gardner made a motion to approve a delay of the landscaping on the side where it is going to be affected by the SID. If the SID doesn’t go in, the landscaping will need to be put in. Mr. Lustig will be given 6 months before determining if the SID is going in. Then the applicant will be required to put the improvements in if it doesn’t. Councilmember Isom seconded the motion. Roll call vote: Aye - Councilmember Whatcott, Orton, Isom, Allen and Gardner. The motion carried. UDOT ON SUNSET & BLUFF: Consider approval of an agreement with UDOT for Sunset/Bluff utility work. City Manager Esplin explained this is an agreement with UDOT for improvements to the utility system at the corner of Sunset and Bluff. The State is proposing to widen lanes and do other work at this intersection to improve the traffic situation. There are several poles which need to be moved and this agreement would allow the City to complete the work for UDOT with a maximum $25,000 payment from UDOT. Councilmember Gardner made a motion seconded by Councilmember Orton to approve the agreement to move some power lines and utilities at the corner of Bluff and Sunset with a maximum $25,000 payment from UDOT. All voted aye. City Engineer Dave Demas said UDOT doesn’t want to encourage pedestrians to cross Bluff Street at the intersection. The City will continue to work with UDOT to address the problem of crossing Bluff Street. MODIFICATION OF SERVICES: Consider approval of a modification to agreement for design services for River Road widening project Phase II with Sear-Brown. City Manager Esplin explained this is a modification to the agreement for design services for the River Road widening project with Sear Brown. The change order was requested to facilitate additional work on this project which was not part of the original scope of work. The modification is for $39,056. It will be from 2450 South on River Road to Brigham Road then west on Brigham Road to the school sites. St. George City Council Minutes October 5, 2000 Page Ten Councilmember Gardner made a motion seconded by Councilmember Isom to grant approval of the agreement with Sear Brown for the widening of River Road. All voted aye. The motion carried. CONTRACT APPROVAL: Consider approval of a the cooperative agreement with UDOT for River Road construction management for Phase 1 of the project. City Manager Gary Esplin explained this is a recommendation for approval of a cooperative agreement with UDOT for construction management services for the River Road widening project, Phase I. The money for River Road widening is coming from a grant from UDOT, as well as City matching funds. In order to facilitate this project and the use of these funds, the City will need to enter into a construction management agreement with UDOT to cover the cost of their services. The anticipated cost for this work is $160,312. In order to proceed as soon as the City can get the necessary right-of-way and easements signed, staff recommends approval of this agreement. Councilmember Gardner made a motion seconded by Councilmember Allen to approve the cooperative agreement with UDOT for River Road construction management for Phase 1 of the project. All voted aye. CONTRACT: Consider approval of a contract with J.F. Sato and Associates for a FEMA mapping project from the I-15 bridge to the wastewater treatment plant. City Manager Esplin explained this is a proposal to hire JF Sato and Associates to complete the FEMA flood mapping project from the I-15 bridge 5.62 miles south to the wastewater treatment plant. The Sato firm just recently completed the area up river from this bridge, and this would tie in the area south of the I-15 bridge and allow the City to know exactly where the floodplains are and to better administer the requirements we have under FEMA rules and regulations. The cost to the City would be $13,599. Councilmember Gardner made a motion seconded by Councilmember Allen to approve the contract with JF Sato and Associates for a FEMA mapping project from the I-15 bridge 5.62 to the wastewater treatment plant at a cost of $13,900. All voted aye. St. George City Council Minutes October 5, 2000 Page Eleven MINUTES: Councilmember Orton made a motion to approve the minutes of the meeting of September 21, 2000 as presented. The motion was seconded by Councilmember Whatcott. All voted aye. ADJOURN TO EXECUTIVE SESSION: Councilmember Gardner made a motion seconded by Councilmember Allen to adjourn to executive session. All voted aye. ___________________________________ Vesta Tingey, Deputy City Recorder