City Council Minutes

Thursday, August 17,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING AUGUST 17, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Bob Whatcott Councilmember Sharon Isom City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Councilmember Rod Orton City Manager Gary Esplin OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Loren Webb, and the invocation was offered by Dave Terry. Mayor McArthur invited anyone who would like to participate in the City Council meeting by leading the flag salute or offering the invocation to advise him. He then invited several Scouts in the audience to introduce themselves. Mayor McArthur excused City Manager Gary Esplin and Councilmember Rod Orton who were out of town, and advised that Councilmember Isom was recovering from surgery but would be arriving at 5:00 to attend the City Council meeting for a while. Mayor McArthur recognized City employees Ellen Adams and Terri Mickelson who designed and built the City’s seed display for the Washington County Fair and which won the Reserve Sweepstakes Award. He thanked them for their efforts and presented them with the Reserve Sweepstakes ribbon. CONSENT CALENDAR: Consider approval of the financial statement for June, 2000. A motion to approve the financial statement was made by Councilmember Gardner, who commended City Manager Gary Esplin and Administrative Services Director Joe Vincent for the excellent job they do to assure the City stays within its budget. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye The motion passed. Mayor McArthur explained that as long as there were only three Councilmembers present, all voting would have to be unanimous for a motion to pass. AWARD OF BID: Consider award of bid for purchase of golf carts for City golf courses. Purchasing Agent Sue Swensen presented three bids received: E-Z Go Carts $97,060; Intermountain Golf Cars $98,100; Highland Equipment $99,920. Staff recommends award of the bid to the second low bidder, Intermountain Golf Cars, if they can meet the delivery date of September 29. Councilmember Gardner inquired of Golf Director Dave Terry if it was true that the 36 volt battery in the E-Z Go Cart did not hold a charge as long as the 48 volt battery in the Club Car and Yamaha golf car. St. George City Council Minutes August 17, 2000 Page Two Mr. Terry replied that all three companies produce quality carts, and E-Z Go disputes the industry claim that their battery is not as good as the 48 volt. However, in speaking with the Director of Golf for Salt Lake County who had a run-off of three carts, the 36 volt cart ran out of charge two 18-hole rounds before the 48 volt battery. The City must act on the information it has, and in addition, all the carts owned currently by the City are 48 volt, and it would pose a challenge to have different chargers for different carts. Councilmember Whatcott commented that the $26.00 difference in price per cart was probably not worth the extra effort maintenance-wise. Mr. Terry advised that the City purchases 40 golf carts every year which allows the entire fleet to be rotated every seven years. The industry standard is to rotate every five years, and the City is only three years into this program and may have to revise it in order to provide a quality golf experience. A motion was made by Councilmember Whatcott to award the bid to Intermountain Golf Cars in the amount of $98,100, dependent upon meeting the delivery date of September 29. The motion was seconded by Councilmember Gardner, who commented that all golf-course related expenses are paid from the Enterprise Fund and not by tax dollars. Mayor McArthur inquired what would happen if Intermountain Golf Cars could not meet the delivery date. He was advised staff would then recommend award to Highland Equipment. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye The motion passed. AWARD OF BID: Consider approval of a sole source purchase of Siemans 69kV breakers for the Power Department. Purchasing Agent Sue Swensen recommended purchase of two Siemans 69kV breakers from the sole source vendor, Equal Electric, in the amount of $71,700. She advised that Equal Electric is the only Siemens representative in the area, and all of the City’s substations have Siemens breakers. A motion was made by Councilmember Gardner to award the bid to Equal Electric in the amount of $71,700 for two Siemens 69kV breakers. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye The motion passed. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 8, 2000, recommended a public hearing be scheduled to consider a zone change from Open Space to R-1-10 on a parcel of land adjacent to 3356 Chaparral Drive. James Cluff is the applicant. The Planning Commission also recommended that a public hearing be scheduled to consider a zone change from R-1-10 to C-2 on property located on the southwest corner of 2000 North Snow Canyon Parkway. State School Trust Lands is the applicant. St. George City Council Minutes August 17, 2000 Page Three A motion was made by Councilmember Allen to set the public hearings as recommended by the Planning Commission for September 7, 2000 at 5:00 p.m. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye The motion passed. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 8, 2000, recommended approval of a lot split in an R-2 zone at 510 East 900 South, subject to showing an easement on the east side of the new property line, as well as on the west side. The Home Company, Inc. is the applicant. A motion was made by Councilmember Gardner to approve the lot split as recommended by the Planning Commission, subject to showing an easement on the east side of the new property line as well as on the west side. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye The motion passed. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 8, 2000, recommended approval of the preliminary plat for a three lot subdivision in an A-1 zone located south of Rancho Verde Subdivision on Little Valley Road, subject to a note on the plat stating that no building permits will be issued until road dedication and other improvements are provided. Boyd Brown is the applicant. City Attorney Jonathan Wright inquired if a dedicated access were available to the property. Mr. Nicholson replied there was no dedicated access. Mr. Wright advised the plat could not be recorded without a dedicated access, whether a note was included on the plat or not, as this would be prohibited by the City’s Subdivision Ordinance. Mr. Nicholson advised the applicant was not present and the issue could be tabled if desired. Councilmember Whatcott made a motion to table the matter until further information is available. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The motion passed. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 8, 2000, recommended approval of the preliminary plat for Chaco Bench II at Entrada. Marc Brown is the agent. St. George City Council Minutes August 17, 2000 Page Four A motion was made by Councilmember Gardner to approve the preliminary plat as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye The motion passed. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 8, 2000, recommended approval of the amended final plat for Spring Tree Gardens Condominiums to combine some studio apartments into larger units. Russ Jones is the applicant. No changes to the exterior of the buildings will be made. A motion was made by Councilmember Gardner to approve the final plat as recommended by the Planning Commission, and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye The motion passed. REVISED FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 8, 2000, recommended approval of the revised final plat for Millcreek Commercial Center. Lot 5, which consists of wetlands, is being dedicated to the City and is being removed from the plat. A motion was made by Councilmember Gardner to approve the final plat as recommended by the Planning Commission, and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye The motion passed. SITE PLAN AND BUILDING ELEVATION DRAWINGS: Consider approval of an amended site plan and building elevation drawings for a new building at the Skywest Corporate Office complex at 444 South River Road. Skywest, applicant. Community Development Director Bob Nicholson advised that a 15 acre PD Commercial zone for this site was approved in 1991. Skywest would now like to add another office building of approximately the same size, and their intention is to match the materials and color of the present building. There will be a glass corridor connecting the two buildings. According to the site plan, the new office building will be located where the parking lot is, and parking will be extended south and west. Access to the site will line up with access to the new Lowe’s and will work nicely. A traffic signal is planned for this intersection, and the applicant has also requested a second access on to River Road. City Engineers indicate they would consider a second access subject to Skywest providing a traffic study that would justify one. The Planning Commission recommends approval, subject to completion of a traffic study and approval by St. George City Council Minutes August 17, 2000 Page Five the City Engineer. This expansion still will not utilize all the property, and they will have plenty left for future expansion. A motion was made by Councilmember Gardner to approve the site plan and elevation drawings as recommended by the Planning Commission, subject to a traffic study approved by the City Engineer for the second access. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye The motion passed. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a gravel and sand extraction operation on approximately 50 acres south of River Road and off of 2150 East. Bryce Christensen, applicant. Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of a request for a conditional use permit for gravel and sand extraction, rock crushing and screening on 50 acres located south of River Road off 2150 East, subject to the following conditions: 1) Provide a phasing plan for the 50 acre area describing the timing and acreage involved in the various phases; 2) Provide a reclamation plan for the project describing how and when the property will be reclaimed (re-vegetated with native seeds and grasses, etc.) after the sand and gravel are removed; and 3) The permit is to be reviewed at the end of one year. The Planning Commission also advised the applicants to be sensitive to the planned nearby residential development. He then distributed a copy of memo from Assistant City Engineer Jay Sandberg with recommendations for conditions for approval of the request, a copy of which is attached hereto as Exhibit "A." Councilmember Isom arrived at 4:45 p.m. Bryce Christensen and Russ Limb, applicants, advised they would have to have as much ground open at the same time as possible, and requested they be allowed to remove and reclaim gravel in 5-10 acre areas. Mr. Limb requested the permit be renewed each year, not just be valid for a one year period. Councilmember Gardner inquired if a stream alteration permit were needed. The applicants advised they would be working outside the floodway and would not be altering it, and therefore a permit was not needed. Mayor McArthur advised the Ft. Pearce restoration project, with Mr. Christensen and Mr. Limb as participants, could save the City over $1,000,000. Mr. Christensen advised he would like to begin work as soon as possible and make a small channel to divert irrigation runoff. A motion was made by Councilmember Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission and City staff, with the exception that the 3-5 acre areas be increased to 5-10 acres. Councilmember Gardner seconded by the motion. Mayor McArthur called for a vote, and the City Council voted as follows: St. George City Council Minutes August 17, 2000 Page Six Councilmember Isom - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Gardner - aye The motion passed. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a Head Start School at 510 East 900 South in an R-2 zone. Troy Ellingford, agent for The Home Company, applicant. Community Development Director Bob Nicholson advised the Planning Commission recommended approval of the conditional use permit subject to modification of the site plan to show an 8’ wide handicapped parking stall for a handicapped van. Troy Ellingford, representing The Home Company, advised the requested modification has already been made and the plan submitted to the City. 30% landscaping will still be maintained. A motion was made by Councilmember Gardner to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The motion passed. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a Masonic Lodge in an R-2 zone on the northwest corner of 1990 East Street and Mall Drive. Dick Rein, applicant. Community Development Director Bob Nicholson advised the Planning Commission recommended approval of the conditional use permit and made a determination that a Masonic Lodge was similar in use to other conditional uses such as a church. Dean Rein introduced himself to the Mayor and Council and advised he was Dick Rein’s son. He explained the Masons have been in St. George since 1994 and have been operating out of the American Legion Hall adjacent to the Senior Citizen Center, and are anxious to erect a Lodge. The proposed design will compliment the area and will be brick and stucco with landscaping. 22 parking stalls have been included. The Masonic Lodge has 66 members, and they typically meet twice a month with approximately 16-18 members attending each meeting. Another group called Eastern Star will also meet in the building once a month, with an occasional get-together of the two groups. A motion was made by Councilmember Gardner to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Isom - aye The motion passed. St. George City Council Minutes August 17, 2000 Page Seven Mr. Rein advised the Masons are the oldest and largest fraternal order in the world, and consist of groups of men who try to improve themselves through education, community service, family values, and promotion of good, moral ethics. It is not a religious organization. DELAY OF IMPACT FEES: Presentation from the Washington County Economic Development Committee regarding a delay of impact fees for a proposed building in the Ft. Pearce Industrial Park. Scott Hirschi advised that most prospective companies looking to locate in a community are looking for existing facilities. A survey of active files in his office indicate that out of 15 companies, three are looking for land, but the majority are interested only in locating in an existing building. The Ft. Pearce Industrial Park has a disadvantage in the market because there is no existing space available, and he proposed construction of a large shell structure on speculation as a solution to the problem. A major deterrent, however, is the cost of construction, financing of the facility, and the actual cost of carrying the facility until it is leased. Four entities would contribute the land at no cost until the building is sold or leased, and Dixie REA would provide short term financing at a low interest rate, if the City will defer impact and permit fees until the building is sold or leased. The developers would cover management and overhead costs of construction. Costs will be held to a minimum because only a shell is needed at a cost of $10-$15 per sq. ft. A shell will also offer flexibility as the tenant or owner could install plumbing and electrical wherever needed. The City will be helping to provide economic development at no cost to its citizens as the fees will not be waived, but deferred until the site is being utilized. No discount is being proposed. Mayor McArthur commented the proposal made sense because there would be no impact on the City until the building was sold or leased. City Attorney Jonathan Wright clarified there would be no impact until the building was sold, leased, or occupied. Councilmember Whatcott made a motion to approve deferral of impact and building permit fees until the building is sold, leased, or occupied. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye The motion passed. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-8 Single Family Residential 8,000 sq. ft. minimum lot size to R-2 Duplex Residential for 7/10 of an acre of property located at 458 West 600 North. Verdon and Virginia Barnum, applicants. Community Development Director Bob Nicholson explained the site contains four older homes. R-2 zoning presently exists to the west and south across the street, R-1-8 to the north and east, and a recently approved PD zone to the north which has since expired. The General Plan indicates medium density for both sides of Diagonal. The Planning Commission recommended approval. Glen Anderson introduced himself and advised he was representing the Barnums. He advised the Barnums have sold the property, and the new owners are proposing to put 2-3 duplexes on the property. The sale is contingent on the zone change. All the homes will be removed except one to be used as the St. George City Council Minutes August 17, 2000 Page Eight builder’s primary residence while the others are being built, and then it will be renovated and added onto. Mayor McArthur opened the public hearing. Joy Ann Carry explained she and her husband have spent 20 years working to remodel their nearby older home, and she opposes the zone change request. Hidden Cove condos are located adjacent to her home where one-third to one-half of the residents are renters, and renters usually bring in a different type of people. The area should remain zoned for homes as a more stable environment is needed for the neighborhood. Because of problems in the neighborhood, her property taxes were lowered last year. She explained that 7-10 years ago when the Hidden Cove condos were built, she had windows shot out, locks damaged, and vandalism, but because of the beauty of the area she and her husband choose to remain in the neighborhood. She advised that recently, however, there have been no problems with vandalism. Mayor McArthur inquired of Ms. Carry how she envisioned the area being used. Ms. Carry replied a home should be built on the property in question because of the view and beauty of the area. Councilmember Isom commented that duplexes are not necessarily used for rentals and many are purchased as family homes. Councilmember Whatcott advised that the Mayor and City Council also received two letters in opposition to the zone change. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Gardner commented that while he recognized the concern of Ms. Carry, he also recognized the property owners’ desire and right to sell the property. There is R-2 zoning on the south and southwest and R-1-8 to the east, so R-2 zoning is already adjoining. This is an irregular piece of property between two zones, and the zone change is consistent with the master plan. He made a motion to approve the zone change by ordinance. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Isom - aye Councilmember Gardner - aye Councilmember Whatcott - aye The motion passed. PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider an amendment to the General Plan Land Use Map from low density residential designation to commercial for property located at 1400 West Snow Canyon Parkway. Allan Carter, applicant. Community Development Director Bob Nicholson explained this request came before the City Council in May and was denied, and the applicant is again requesting an amendment to the General Plan. The current General Plan for the area is low density residential. The City’s policy is that a General Plan amendment, once denied, may again be requested on a quarterly basis. The Planning Commission recommended approval. Mayor McArthur commented that a zoning request, once denied, cannot be heard again for one year, and a request for a general plan amendment, once denied, should be consistent. St. George City Council Minutes August 17, 2000 Page Nine Jim Raines of Bush and Gudgell advised he represented Allan Carter. He explained the site is proposed for neighborhood commercial and a day care center, and will be residential in style and scale. The applicant has committed to the City that he will address lighting problems and will have a monument-type sign. Milo McCowan, representing Paradise Canyon, went on record at the Planning Commission supporting the general plan amendment. Landscape strips will be added to the project, along with a deceleration lane. He advised Mr. Carter feels this use is best for the property, and there is a need for neighborhood commercial in this area as there are hundreds of new homes being built. Mayor McArthur inquired of Mr. Raines if he were aware of the City’s ordinance which regulates proximity between a park and a vendor of alcoholic beverages. Mr. Raines replied that both he and his client were aware of the ordinance and understood the liquor restrictions. Mayor McArthur opened the public hearing. Wendy Hailey advised that she purchased property on 1500 West and 1507 North four years ago and was advised the area would develop in homes with an average of 3,300 sq. ft. Since then, Ence Homes has built 1,000 sq. ft. homes. Residents of the area are trying to keep the neighborhood residential and are concerned that commercial will attract transients and gangs. She advised a commercial center would bring faster traffic and more accidents, and it was frustrating to think that St. George would allow a residential area to become commercial. Mayor McArthur commented the applicant’s plan is conceptual, and the City Council is only considering an amendment to the master plan. The applicant would have to come back to the City Council for a zone change request. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Whatcott stated that while he recognized the commercial potential of the property, he felt strongly that Snow Canyon Parkway was built for moving people, and if commercial is allowed, cars will be decelerating and creating a potential traffic hazard. He commented that even though a site plan is not being considered as part of this request, he noticed the applicant’s plan includes an entrance off Snow Canyon Parkway, and this was not the City Council’s intent for Snow Canyon Parkway. He expressed opposition to the General Plan amendment. Councilmember Gardner commented that in looking at the map presented by the applicant, there will not be very much commercial on Snow Canyon Parkway, and that a principle of community planning includes providing neighborhood commercial areas. He stated that he personally would not feel threatened by a day care center in his backyard, and in fact his back wall is against a commercial center which has been a good neighbor. He said that sometimes commercial neighbors are misconstrued as being bad neighbors, and this is not necessarily the case. However, the City wanted its commercial area to be located along Sunset and Bluff, rather than along Snow Canyon Parkway. Allan Carter advised that he was co-owner of the property, and there are 1,000 homes within 1/4 mile of the site. He advised that vehicles are going to be slowing down to turn onto 1400 West anyway, and those 1,000 residents are going to have to go somewhere for gasoline and to rent videos, and the City can either move them out of the area or have the services available for them. He advised he did not know of very many people who would want their homes fronting a 66’ wide roadway. He advised he recalled that nine years ago in a meeting with the City, he was told the intersection of River Road and 700 South would never contain more than one acre of commercial property. He inquired St. George City Council Minutes August 17, 2000 Page Ten of the City Council if they desired a home at the corner of a 66’ x 90’ seven lane road. Councilmember Isom inquired of the City’s reasoning and intent to not have commercial along Snow Canyon Parkway. Community Development Director Bob Nicholson replied that when the Master Plan was revised in 1994-95, Snow Canyon Parkway did not exist and was a concept only, and the area was basically set aside as low density residential. Councilmember Whatcott inquired about the total acreage of the project. Mr. Raines replied the total site is 3.7 acres, including the proposed day care center. Councilmember Whatcott replied he was not opposed to day care, but the City’s intent for Snow Canyon Parkway was for it to be a people mover, and if commercial is located along it, its use will cease as a parkway. He stated he could understand why Mr. Carter would want commercial zoning, but it does not change the City’s intent for the parkway. Mayor McArthur commented there is already some commercial located along Snow Canyon Parkway, and the Parkway was intended to move people. Councilmember Gardner commented that Councilmembers should ask themselves if they would want to build a home on that corner, and that should have some bearing on the applicant’s right to do something with his property. While he hated to say the applicant was motivated entirely by a return on his investment, his request was not necessarily an inappropriate use of the property. Councilmember Allen commented that while she understood why Snow Canyon Parkway was built, there is room for a deceleration lane, and she enjoys the commercial establishments located near her home. Councilmember Gardner commented the applicant’s project would not be an overpowering commercial site or detract from the purpose of Snow Canyon Parkway. He suggested the project be zoned PD Commercial so that it could be restricted to businesses that blend with the neighborhood. City Attorney Jonathan Wright advised that the City Council