City Council Minutes

Thursday, October 19,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 19, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Sharon Isom Councilmember Rod Orton Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Bob Whatcott City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Mayor Daniel McArthur OPENING: Mayor Pro Tem Isom called the meeting to order and welcomed all in attendance. The invocation was offered by Carol Sapp and the pledge of allegiance was led by Marc Mortenson. Mayor Pro Tem Isom read and signed a proclamation designating the week of October 16-20, 2000 as National Business Womens’ Week. CONSENT CALENDAR: Consider approval of the City’s financial statement for September, 2000. A motion to approve the financial statement as presented was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Mayor Pro Tem Isom called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of a fairway mower for the St. George Golf Club. Purchasing Agent Sue Swensen presented three bids: Nucrane Machinery $28,081 Rocky Mountain Turf $29,085 Turf Equipment No bid She recommended the bid be awarded to the low bidder, Nucrane Machinery, in the amount of $28,081. A motion was made by Councilmember Orton to award the bid for a fairway mower to Nucrane Machinery in the amount of $28,081. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Isom called for a vote as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. Councilmember Gardner inquired if old mowers were traded in when new ones were purchased. St. George City Council Minutes October 19, 2000 Page Two Golf Director Dave Terry advised the old mower will be kept in operation. AWARD OF BID: Consider award of bid for the purchase of air scrubbers for the Wastewater Department. Purchasing Agent Sue Swensen advised only one bid was received for purchase of two air scrubbers, although four requests for bids were sent out. She recommended award of the bid to the only bidder, U. S. Filter Wastewater Group in the amount of $91,870. She advised this purchase was within budget, with delivery 12-14 weeks from the date ordered. A motion was made by Councilmember Whatcott to award the bid for two air scrubbers to U. S. Filter Wastewater Group in the amount of $91,870. The motion was seconded by Councilmember Orton. Mayor Pro Tem Isom called for a vote as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. ITEM REMOVED FROM AGENDA: Mayor Pro Tem Isom advised that item 6A13, a request from Young Electric Sign Co. for an exception to the City’s Sign Ordinance, was removed from the agenda. DONATION OF PROPERTY: Consider acceptance of a donation from the Leon and Annie Jennings family. Mansfield Jennings advised that a charitable remainder trust containing property to be sold was established by his father, Leon Jennings. His mother, Annie McArthur Jennings, would like to gift the proceeds of half of the trust to the City. He then read a letter designating the City of St. George as a 50% beneficiary of the charitable remainder trust. Dixie College is the other 50% beneficiary. He estimated the value of 50% of the trust at $1,450,000. Annie McArthur Jennings explained the reason she wanted to donate proceeds from the trust to the City was because she was proud of her ancestors and those of her late husband, who originally settled St. George. Mayor Pro Tem Isom and the City Council thanked the Jennings family for their donation and presented them with a plaque honoring them as Dixie Modern Pioneers. Mansfield Jennings gave a brief history of his family and their contributions to the development of St. George. INTRODUCTION OF SCOUTS AND STUDENTS IN AUDIENCE: Mayor Pro Tem Isom invited several high school students and Scouts in the audience to introduce themselves. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at their meeting held October 10, 2000, recommended public hearings be scheduled for November 16, 2000 at 5:00 p.m. to consider (a) a zone change from R-1-10 to PD Commercial for 3.71 acres located at 1400 W. Snow Canyon Parkway, Allan Carter, applicant; and (b) a zone change from PD to R-1-8 for a portion of the Laurelwood project at 100 N. Valley View Dr., Nate Blake, applicant. He advised no action was taken by the Planning Commission on a request to amend the PD St. George City Council Minutes October 19, 2000 Page Three Commercial zone for the Gardens South Commercial located west of Zion Motors on 950 South Street for an employee parking lot. A motion was made by Councilmember Orton to set the public hearings for November 16, 2000 at 5:00 p.m. The motion was seconded by Councilmember Gardner. Mayor Pro Tem Isom called for a vote as follows: Councilmember Orton - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 10, 2000, recommended approval of the preliminary plat for the John Campos Commercial Subdivision at 1400 E. Highland Drive subject to an agreement for delay of improvements along Highland Drive and to provide access per Aron Baker’s recommendations as stated in his letter to Bush & Gudgell dated September 19, 2000. 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 Whatcott. Mayor Pro Tem Isom called for a vote as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 10, 2000, recommended approval of the final plat for the Boulders Phase 4 Amended and Extended. He explained the purpose of the amendment was to remove the meander line, adjust Lot 115, and add an additional 17 lots to the subdivision. The plat also shows the 100 year floodplain and notes the flood hazard and restrictions. Steve Sheffield is the applicant. A motion was made by Councilmember Allen to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Gardner. City Attorney Jonathan Wright explained that building can take place in a floodplain, and he would review the plat and notes. Purchasers of the property would then be put on notice of the flood hazard, and the City held harmless. City Manager Gary Esplin explained that building can take place in a floodplain as long as it is elevated out of the floodplain. Mayor Pro Tem called for a vote as follows: Councilmember Allen - aye Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes October 19, 2000 Page Four APPROVAL OF FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 10, 2000, recommended approval of the final plats for Desert Hills I-A and I-B subject to a note being placed on the plats that the 6’ sideyard setback has been changed to an 8’ setback. Paul Jensen is the applicant. A motion was made by Councilmember Orton to approve the final plats subject to the recommendations of the Planning Commission and authorize the Mayor to sign them. The motion was seconded by Councilmember Allen. Mayor Pro Tem Isom called for a vote as follows: Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for a preschool for up to 11 children at 15 North 2790 East. Meegan Boling, applicant. Associate Planner Mark Bradley advised the Planning Commission, at its meeting held October 10, 2000, recommended approval of the conditional use permit with the number of children permitted to be determined by the Fire Marshall. The Fire Marshall, after inspecting the home, recommended that up to seven children be allowed. A motion was made by Councilmember Gardner to approve the conditional use permit for up to seven children. The motion was seconded by Councilmember Orton. Mayor Pro Tem Isom called for a vote as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for an LDS Church to be located on the extension of 2450 East and Riverside Drive. Dennis Patten, agent for the LDS Church, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 10, 2000, recommended approval of the conditional use permit. He advised there will be two access points, one off Riverside Drive and the other off 2450 East. A motion was made by Councilmember Whatcott to approve the conditional use permit. The motion was seconded by Councilmember Gardner. Mayor Pro Tem Isom called for a vote as follows: Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. St. George City Council Minutes October 19, 2000 Page Five CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for a daycare facility for up to 16 children to be located in a home at 584 Picturesque Drive. Wendi Simons, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 10, 2000, recommended approval of the conditional use permit. The applicant is renting the home and has received approval from the owners. Two others will be working with the applicant. A motion was made by Councilmember Orton to approve the conditional use permit. The motion was seconded by Councilmember Gardner. Mayor Pro Tem Isom called for a vote as follows: Councilmember Orton - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. REQUEST FOR BUSINESS LICENSE: Consider a request for a business license for the Five County Association of Governments for the Dixie area rapid transit program. City Manager Gary Esplin explained that under the City’s ordinance, a business license is not needed because Five County Association of Governments is a governmental entity. However, Medicaid and Medicare require a business license in order for Five County Association of Governments to bill them for services. The City will issue them a courtesy business license. A motion was made by Councilmember Gardner to approve the business license. The motion was seconded by Councilmember Orton. Mayor Pro Tem Isom called for a vote as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion passed. REQUEST FOR ON PREMISE BEER LICENSE: Consider a request for a beer license for Wingers Restaurant located at 188 South River Road. City Manager Esplin advised the application met all requirements of the City’s beer ordinance. A motion was made by Councilmember Orton to approve the beer license. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Isom called for a vote as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. REQUEST FOR OFF PREMISE BEER LICENSE: Consider a request for a beer license for Costco Wholesale located at 835 North 3050 East. St. George City Council Minutes October 19, 2000 Page Six City Manager Gary Esplin advised the application met all requirements of the City’s beer ordinance. A motion was made by Councilmember Gardner to approve the beer license. The motion was seconded by Councilmember Allen. Mayor Pro Tem Isom called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. REQUEST FOR 72 HOUR LIQUOR PERMIT: Consider a request for a 72 hour liquor permit for the Washington County Board of Realtors event at the Dixie Center on December 5, 6, and 7, 2000. A motion was made by Councilmember Orton to approve local consent for a 72 hour liquor permit as requested. The motion was seconded by Councilmember Allen. Mayor Pro Tem Isom called for a vote as follows: Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. REQUEST FOR 72 HOUR LIQUOR PERMIT: Consider a request for a 72 hour liquor permit for the Utah Parks and Recreation Association convention to be held March 19, 20, and 21, 2001 at the Dixie Center. A motion was made by Councilmember Orton to approve local consent for a 72 hour liquor permit as requested. The motion was seconded by Councilmember Allen. Mayor Pro Tem Isom called for a vote as follows: Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. MAYOR PRO TEM NOT VOTING: City Attorney Jonathan Wright advised Mayor Pro Tem Isom that she could vote if she chose to. Mayor Pro Tem Isom responded that she would not vote except to break a tie. REQUEST FOR LEASE OF CITY PROPERTY: Consider a request for a lease with Jerry Pinnarelli for property located at the corner of 400 East and St. George Blvd. for parking. City Manager Gary Esplin explained that staff is concerned about future improvements to this intersection, and therefore suggests a year-to-year lease be extended to Mr. Pinnarelli in the amount of $1 per year. A motion was made by Councilmember Gardner to approve the year-to-year lease in the amount of $1 per year. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Isom called for a vote as follows: St. George City Council Minutes October 19, 2000 Page Seven Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ANNEXATION ORDINANCE: Public hearing to consider a request to annex 1,030 acres located on both sides of the I-15 freeway near the Port of Entry at the Utah/Arizona border. Darcy Stewart, applicant. Community Development Director Bob Nicholson explained the majority of the property included in the area requested for annexation is owned by State Trust Lands, and includes property encompassing the Port of Entry down to the Arizona border. City staff contacted the State and County concerning the request. The State has indicated they have no objections to the annexation, but no response has been had from the County after a number of contacts. The recommendation is to zone the newly annexed land Mining and Grazing as a holding zone. City Manager Gary Esplin explained the reason that property containing the Port of Entry was not previously annexed to the City was because of concern on the County’s part that they would lose fine revenue. After contact personally with the County and written notice, there has been no response from them. Mayor Pro Tem Isom opened the public hearing. Scott Call of Rosenberg Engineering, representing the applicant, advised 14 acres of the land proposed for annexation is part of the Sun River project. There being no further public comment, Mayor Pro Tem Isom closed the public hearing. A motion was made by Councilmember Gardner to approve an ordinance annexing the property as requested with a zoning designation of Mining and Grazing. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Isom called for a roll call vote as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/RESOLUTION TO CREATE SID 2000-1: Public hearing to consider creation of Special Improvement District 2000-1 for a portion of the Bloomington Ranches area of the City. City Manager Gary Esplin advised property owners in the proposed district had until 5:00 p.m. October 18, 2000 to protest creation of this SID, and only three protests were received out of 46 properties. Mayor Pro Tem Isom opened the public hearing. There being no public comment, she then closed the public hearing. A motion was made by Councilmember Orton to approve, by resolution, creation of SID 2000-1 in the Bloomington Ranches area of the City. The motion was seconded by Councilmember Allen. Mayor Pro Tem Isom called for a roll call vote as follows: St. George City Council Minutes October 19, 2000 Page Eight Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. MOBILE TELEPHONE SERVICE REVENUE ACT ORDINANCE: Consider approval of an ordinance enacting the Mobile Telephone Service Revenue Act. City Manager Gary Esplin advised that a 6% franchise fee is charged to companies providing telephone service to homes in the City. Concern has been expressed that this is not fair, as mobile telephone companies are not charged franchise fees. Utah League of Cities and Towns met with the various companies to draft a model ordinance. They are requesting that Utah cities not modify the ordinance if it doesn’t fully meet with their approval, as one uniform ordinance throughout the state is desired. The ordinance provides for an assessment of $1 per month for every cellular phone with a number based in St. George, with this revenue to be passed on to the City. City Attorney Jonathan Wright advised the $1 per cellular phone fee was decided upon due to the difficulty in establishing locations of cellular phones in order to charge 6% of gross revenues. Mayor Pro Tem Isom commented the cell phone providers would pass the increase along to their customers. City Manager Gary Esplin advised the proposed ordinance gives them the right to do this, but a notation must be made on the bill. Mayor Pro Tem Isom advised that Washington City did not approve the ordinance, but Ivins City did. Councilmember Whatcott advised that Santa Clara City is considering the ordinance this evening. City Manager Gary Esplin advised the ordinance was just recently sent to cities by the Utah League of Cities and Towns, and in order for it to take effect January 1, 2001 and the cities receive first quarter revenues, it must be adopted by November 1. If the matter is tabled, the City would then lose one quarter’s revenue. City Attorney Jonathan Wright advised there are specific methods in the ordinance to determine a jurisdictional base for a cell phone, and the City will realize all revenue from this increase. Councilmember Isom urged caution in adopting an ordinance simply because another jurisdiction does so, and commented it appeared to be double taxation. Councilmember Gardner commented he believed in fairness and equity and had a problem with two competing entities where one is taxed and the other is not. Councilmember Whatcott commented from a consumer’s standpoint, he did not like the tax increase as it would be the consumer who would pay, not the cellular phone companies. City Manager Gary Esplin commented while the City did not want to increase taxes, the City is limited in revenue sources such as the franchise fee. Councilmember Orton commented that while he was not suggesting the City Council approve the ordinance, this tax was one of the fairest as it taxes only those who use cell phones. St. George City Council Minutes October 19, 2000 Page Nine A motion was made by Councilmember Gardner to table the matter. The motion was seconded by Councilmember Allen. Mayor Pro Tem Isom called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution approving a form of revised Exhibit "C" to the Transmission Service Agreement between the City and Utah Associated Municipal Power Systems in connection with the Central-St. George 138kV transmission project dated July 13, 2000; authorizing the issuance of additional bonds by UAMPS to finance the cost of such project addition; and related matters. A motion was made by Councilmember Gardner to approve the resolution as presented. The motion was seconded by Councilmember Orton. Mayor Pro Tem Isom called for a vote as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for wireless communication antennas at (1) the Skyline Center located north of the City police building on the corner of 200 East 300 North, and (2) at Dixie College Cooper Field atop a 100’ light pole with ballfield lights below the antenna. Nextel, applicant Before and after pictures of the Skyline Center site were distributed to the Mayor Pro Tem and City Council. City Attorney Jonathan Wright advised the City’s telecommunications ordinance allows the City Council to require camouflaging of antennas. He suggested the antennas be colored to match the building and installed on the side of the Skyline Center building so that they do not extend above the top of the building. Councilmember Gardner inquired of the Nextel representative if the antenna would be effective if attached to the side of the building. The Nextel representative replied he did not wish to do that and it would not be as effective because it would have to be lowered 10’ which would reduce the company’s objective to maximize coverage. City Attorney Jonathan Wright inquired of the difference in coverage if the antenna were placed 10’ lower than requested, and if it would have a significant or minor effect on coverage. The Nextel representative replied that he did not know as he was not an engineer. City Attorney Jonathan Wright stated it was his understanding that at the last City Council meeting when this issue was discussed, Nextel advised the landlord did not want the antenna attached to the building. Mr. Wright advised that whether the landlord wanted it attached or not was not the issue. The issue is St. George City Council Minutes October 19, 2000 Page Ten whether or not the antennas can be as effective attached to the side of the building as located on top of the building. Councilmember Whatcott inquired if a conditional use permit to exceed the height limitation in the ordinance would also be required. City Attorney Jonathan Wright advised communication towers have different requirements, and the ordinance allows exceptions for antennas. He advised that under the Telecommunications Act, the City must provide for antenna sites but can require them to be camouflaged. He advised the City Council that they could require the antenna to be attached to the side of the building and colored to match rather than allowing it to be placed on top of the roof. The Nextel representative advised that placement of the antennas on the roof would meet the height limits of the Zoning Ordinance. Councilmember Whatcott replied that the request contains two separate issues - a conditional use permit for placement of the antennas, and approval of a conditional use permit to exceed height limits in the ordinance. City Manager Gary Esplin advised that the applicant originally wanted placement of the antennas on top of the police building, but interference with our equipment made it impossible. The applicant obviously felt their antennas would have sufficient coverage if placed on top of the police building, and placement of the antennas to the side of the Skyline Center building would be even higher than the police building. He expressed his personal opinion that placement on the side of the Skyline Center building should first be tried before approval to locate the antennas on the roof. He advised that area residents would be able to see the antennas if they were placed on the west side of the building. Councilmember Gardner inquired about the size of each antenna, and was advised by the Nextel representative that each antenna was 8’ tall and 12" wide. The Nextel representative advised that placement of the antennas on the east side of the building would not work. He advised the antennas would extend 8’ above the parapet and 10’ above the roofline, and would be no higher than the facade that is there now. Councilmember Gardner commented that placement of the antennas to the side of the building would help preserve the skyline. Helen Stevens advised that she previously filed a petition on behalf of area residents who believe placement of the antennas will be unsightly and detract from the beauty of the area. She suggested another location be found. Councilmember Whatcott inquired of the Nextel representative if it would be possible to install temporary "dummy"antennas at the proposed location in order to help the City Council make a decision, and the Nextel representative replied it would be possible. Councilmember Orton suggested that the Nextel representative also have figures on the reduced effectiveness of locating the antennas on the side of the building rather than on the roof. City Manager inquired of the Nextel representative if he had considered locating the antennas further up on the Red Hill on top of the mesa and co-locating with other existing towers. The Nextel representative replied this site was considered but it will not work. He advised if the antenna height is reduced 4-5’, its effectiveness will be reduced. Councilmember Whatcott inquired of the Nextel representative if other sites had been considered, and commented it was hard to believe the Skyline Center site was the only one that would accomplish Nextel’s goals. He suggested other St. George City Council Minutes October 19, 2000 Page Eleven sites be considered and alternatives brought back for the City Council’s consideration. The Nextel representative advised sites which are centrally located with good elevation are needed. Councilmember Whatcott advised there should be alternatives, and Nextel was not providing the City Council with any options. A motion to table the request for the Skyline Center location was made by Councilmember Orton. He asked the applicant to set up a mock antenna on the roof of the Skyline Center so that the City Council and concerned neighbors could see what it would look like, and to provide other alternatives on that building and other possible sites. The motion was seconded by Councilmember Gardner. Councilmember Orton commented that he recognized cell phones were here to stay and towers are therefore needed, and the City Council will consider the matter with open minds. Councilmember Gardner commented the City Council wanted the applicant to be successful. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Orton - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. Councilmember Whatcott advised he visited the baseball field site, and it is located on Hurst Field at Dixie College, not Cooper Field. He advised placement of the applicant’s antenna on the proposed pole will make it noticeably taller than adjacent poles and it will stand out. He suggested placement at the football field instead as the antennas would not be as noticeable there. Also, the location requested at Hurst Field is on a pole in the bleachers in the middle of an often used path, and he expressed concern with this location. He commented placement of the antenna at Hurst Field would, in his opinion, detract from the integrity of the facility as its first and highest use as a baseball facility. He advised he would like to know how the baseball coach, the athletic director of the College, and Bruce Hurst feel about placement of the antenna at Hurst Field. The Nextel representative explained the antenna at Hurst Field will extend an 87’ pole to 100’, and inquired of the City Council if 95’ would be more acceptable. He advised the storage facility at Hurst Field