City Council Minutes

Thursday, September 21,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 21, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Larry Gardner Councilmember Bob Whatcott Councilmember Suzanne Allen Councilmember Rod Orton City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Councilmember Sharon Isom City Manager Gary Esplin OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The invocation was offered by Barry Barnum, and the flag salute was led by Scout Brandon Clayton. ACCEPT DONATION OF PROPERTY: Consider acceptance of a donation of property along the Virgin River from the Anthony Foremaster family. Leisure Services Director Kent Perkins advised that the Kiwanis Club and Anthony Foremaster family request that the City accept a donation of land along the Virgin River located east and south of Jarvis Point for a City parks project. This park will become a major component of the Virgin River Parkway and Confluence Park system. The first phase of development of this park will include installation of a trail. The parties also request that the park be named the Kiwanis/Anthony Foremaster Family Park. Mayor McArthur thanked Garry Pearce and the Foremaster family, in conjunction with the Kiwanis Club, for their generous donation and show of love for the community. Councilmember Gardner commended the Foremaster family for their donation and extended an invitation to other families in the community to consider like donations. He noticed as he reviewed the agreement that the City will assume responsibility for the park, as well as financial responsibility for its construction. It was the City Council’s understanding that the Kiwanis Club was going to provide labor, donations in kind, and other fundraising efforts in order to qualify to have their name included in the title of the park. He inquired of the Foremaster family representatives as to their preference concerning the name of the park. An unidentified representative of the Foremaster family replied that the name of the park had already been decided upon between the parties, and the Kiwanis name should come first as the park was originally their idea and they have pursued the idea with the City. A motion was made by Councilmember Gardner to accept donation of 23.44 acres of property from the Foremaster family, while recognizing the efforts of the Kiwanis Club. The motion was seconded by Councilmember Allen. Mayor McArthur 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. Leisure Services Director Kent Perkins acknowledged the work of Kent Garrett and Ron Read in assisting with the donation process. Mayor McArthur invited several Scouts in the audience to introduce themselves. St. George City Council Minutes September 21, 2000 Page Two CONSENT CALENDAR: Consider approval of the financial statement for August, 2000. A motion was made by Councilmember Whatcott to approve the financial statement as presented. The motion was seconded by Councilmember Gardner. Mayor McArthur 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. PRESENTATION OF AWARD TO CITY TREASURER: Elaine Openshaw, President of the Utah Municipal Treasurer’s Association, presented City Treasurer Deanna Evans with an award. The City of St. George is the first city in the State of Utah to have its investment policy certified, thanks to Ms. Evans. This is quite an accomplishment, as the program has been in place since 1990. Ms. Openshaw also presented Ms. Evans with another award for attaining the professional credential of Certified Municipal Financial Administrator. Mayor McArthur expressed appreciation to Ms. Evans for the outstanding job she does for the City. Councilmember Whatcott commented that Finance Director Phil Peterson and City Treasurer Deanna Evans are both certified public accountants who are well qualified for their positions, and the City is fortunate to have such top quality employees. AWARD OF BID: Consider award of bid for the purchase of an industrial wheel loader backhoe for the Streets Dept. Before proceeding with this item, Mayor McArthur advised he is frequently asked if the City ever contracts out construction projects. He advised he received from the Purchasing Agent a lengthy list of recent projects which have been contracted out to private contractors and subcontractors, thereby creating wealth for other businesses in the community. Purchasing Agent Sue Swensen presented three bids received for an industrial wheel loader backhoe for the Streets Department: Crossroads Equipment No Bid Wheeler Machinery $64,072 Scott Machinery $63,972 She recommended award of the bid to the low bidder, Scott Machinery, in the amount of $63,972. A motion was made by Councilmember Orton to award the bid to Scott Machinery in the amount of $63,972 for purchase of an industrial wheel loader backhoe for the Streets Department. The motion was seconded by Councilmember Gardner. Mayor McArthur 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. AWARD OF BID: Consider award of bid for the purchase of a wheel loader for the Streets Dept. St. George City Council Minutes September 21, 2000 Page Three Purchasing Agent Sue Swensen presented four bids received for purchase of a wheel loader for the Streets Department: Wheeler Machinery $138,300 Scott Machinery $106,922 Rasmussen Equipment $121,581.19 Crossroads Equipment No Bid She recommended award of the bid to the low bidder, Scott Machinery, with the addition of an option for a hydraulic coupler, in the total amount of $110,122. Mayor McArthur commented the addition of the hydraulic coupler is a very worthwhile addition as it makes the machine capable of multiple uses. A motion was made by Councilmember Gardner to award the bid for a wheel loader with an option for a hydraulic coupler to the low bidder, Scott Machinery, in the amount of $110,122. The motion was seconded by Councilmember Whatcott. Mayor McArthur 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 gang mower for the Parks Dept. Purchasing Agent Sue Swensen presented three bids received for a gang mower for the Parks Department: Rocky Mountain Turf $33,100 Nucrane Machinery $31,085 BA Bar Leasing $30,378 She advised that the Parks Department, per its memo to the Leisure Services Director, recommends award to Rocky Mountain Turf in the amount of $33,100 as the mower offered by Rocky Mountain Turf is lighter than the machines offered by the other bidders, the cutting width is wider, fuel capacity is greater, and there is a hydraulic drive on the mowing decks not offered on the other machines. Ms. Swensen advised Rocky Mountain Turf’s bid was the only one which met all the specs. A motion was made by Councilmember Gardner to award the bid to Rocky Mountain Turf in the amount of $33,100 for purchase of a gang mower for the Parks Department. The motion was seconded by Councilmember Whatcott. Mayor McArthur 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. ZONE CHANGE ORDINANCE: Consider approval of an ordinance changing the zone 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. Mayor McArthur advised that the public hearing was held and closed at a previous meeting, and because the applicant, Don Leavitt, could not be present for this meeting, he indicated that Trust Lands would accept C-1 zoning for the property, as suggested at the public hearing. St. George City Council Minutes September 21, 2000 Page Four Community Development Director Bob Nicholson advised the applicant’s new request is for C-1 zoning. Existing zoning at the intersection is C-2, and across the street is residential zoning. Mayor McArthur advised Mr. Leavitt said he will probably request another zone change to PD at some time in the future. Councilmember Orton expressed concern that the proposed zoning would create confusion as C-1 zoning would make sense for all the property, not just for one-third of the property. Councilmember Gardner commented that C-1 zoning offers more control than C-2 zoning as to what type of businesses could locate along the frontage. A motion was made by Councilmember Orton to approve by ordinance the zone change to C-1, and authorize the Mayor to sign the ordinance. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a roll call vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. Councilmember Allen requested that Associate Planner Mark Bradley distribute a listing of allowed uses in C-1 and C-2 zones for the City Council’s information. RESOLUTION: Consider approval of a resolution declaring the intention of the City Council of the City of St. George, Washington County, State of Utah, to construct a sewage collection system; improvements on certain streets; and installation of a sidewalk within a portion of the municipality, and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner; to create the City of St. George, Utah Special Improvement District No. 2000-1 to defray the cost and expenses to be levied against the property benefitted by such improvements; to provide notice of intention to authorize such improvements and to fix a time and place for protests against such improvements or the creation of said district; to declare its official intent to reimburse itself for expenditures paid by it prior to the sale of bonds; and related matters. A motion was made by Councilmember Whatcott to approve the resolution as presented. The motion was seconded by Councilmember Orton. Mayor McArthur explained the City had previously considered creation of a special improvement district in this area of the Bloomington Ranches, but there was not enough support for the district at that time and it was not approved. There is now support for this district, as well as more septic tank failures in the area. Engineering Associate Roger Bundy explained there are 46 lots included in this proposed district with a total estimated cost of $540,000 for the project. These figures include addition of lots located within a culdesac on Nashua Road. Property owners located within that culdesac contacted the City and expressed interest in being included in the district. Councilmember Gardner stated it was his understanding that previously 61% of property owners were in favor of creation of the district, and he inquired of Mr. Bundy if property owners were still being contacted and a new figure in favor of the district determined. Mr. Bundy replied that staff has not pursued any additional contact of property owners, but felt there was overwhelming support to proceed with creation of the district. St. George City Council Minutes September 21, 2000 Page Five Councilmember Orton inquired if any other neighborhoods had expressed interest in being included within the SID. Mr. Bundy replied he hoped that news of the district would be spread by word of mouth as there were still a few areas in the Ranches without full improvements. Councilmember Orton inquired if creation of this district would take care of the properties which had experienced septic tank failures. Mr. Bundy replied that creation of the district includes all properties he is aware of which have experienced septic tank failures. Mayor McArthur called for a roll call vote as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. UPDATE ON SEWER ODOR ALONG SUGAR LEO DRIVE: Mayor McArthur asked Wastewater Division Manager Barry Barnum for an update on the sewer odor problem along Sugar Leo Drive. Mr. Barnum replied that a large sewer line currently exists to serve a small area, and if the proposed special improvement district in the Ranches area is approved, the additional sewage flow will provide more flow through the line and minimize odors. A fan has been placed at the lift station at the south end of Sugar Leo to draw odors from the sewer line so that air will enter the manholes rather than leave them. However, this concentrates odors around the lift station, and a temporary bio filter has been constructed there to reduce the noise of the fan and filter the air being sucked from the sewer through a bed of compost, peat moss, and wood chips. This is an acceptable practice for filtering foul air. In the past weeks specifications have been developed for an air scrubber similar to the one at the Bloomington Hills lift station, and bids will soon be solicited Councilmember Orton inquired what percentage of residents in the Bloomington Ranches area have hooked to the sewer. Mr. Barnum replied a rough guess would be 50%. He advised it was important for residents to know that they could still use their septic systems until they experienced problems with it, and then they could hook to the sewer system. Construction of Walmart in Bloomington will also help the sewer odor on Sugar Leo as it will also provide additional flow. Councilmember Gardner inquired if perhaps a smaller sewer system should be installed. Mr. Barnum replied that the City tries to size sewers at two feet per second, and a decision must be made to install a larger sewer once, or a smaller sewer twice at greater expense. He advised there is a lot of guesswork involved. RESOLUTION: Consider adoption of a resolution approving the form and authorizing the execution of a Power Sales Contract with Utah Associated Municipal Power Systems for the Resource 2000 Project and related matters. Water and Power Director Wayne McArthur advised the City Attorney reviewed this agreement and agrees it is similar to ones entered into for purchase of the San Juan project and Hunter II project. The only difference is in financing. Options in this agreement include full bonding or full prepayment, or a combination of both, and it is planned to bond for 20 years (the life of the agreement) with renewal on the same terms. He advised the asset sales agreement for purchase of the plant is between UAMPS and the selling party. The engineering report which was completed on the St. George City Council Minutes September 21, 2000 Page Six plant looks good and states the plant will last at least another 20-50 years. During the life of the agreement UAMPS will be able to take power from the plant at less than market rates based on five year price projections. There is also a plan to lay off some of the power with five year purchase agreements with entities in California and other companies to spread out the risk. Mayor McArthur inquired of Mr. McArthur what was being done to ensure St. George would not experience the same power problems as Springville and San Diego, and keep its costs as low as possible in the future. Wayne McArthur replied that this summer the City is using local generation more than in the past. It was not used as extensively in the past because it was too expensive, but compared to current market rates, it is now very economical. The Skyline Drive generator is now running 24 hours a day seven days a week to help mitigate high prices so that the City does not have to buy as much power from the market. The City also has a rate stabilization fund for use to cover the high cost of purchasing electricity on the market, and has currently used $2,000,000 from this fund this summer with no plans to recover it. Councilmember Gardner commented that Water and Power Director Wayne McArthur and Assistant Water and Power Director Phil Solomon have worked extensively to make sure that St. George’s opportunities are protected as St. George can only produce 35% of the power it needs and the rest must be purchased from the market. He made a motion to approve the resolution 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 Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to operate a technical training school in an R-2 zone in a home at 355 West 200 North. Fernando and Shirley Valenzuela, applicants. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 5, 2000, denied the applicant’s request for a conditional use permit because they determined the use was not suitable for the area. Councilmember Allen advised that the vote for denial was 3-2, with one Planning Commission member who voted for denial recently advising that if he had understood the number of students requested had been reduced from 12 to 6, he would have voted for approval. Mr. Bradley advised that the ordinance requires that colleges and trade techs provide one parking space for every three students and each faculty member. If the applicant had to provide that amount of parking, landscape requirements in the R-2 zone would not be able to be met. Councilmember Allen advised the applicant’s landscaping was only shy by 5% or so of meeting the requirement. Shirley Valenzuela, applicant, asked for clarification of the ordinance requiring 30% landscaping in an R-2 zone. City Attorney Jonathan Wright advised the 30% requirement is based on the total square footage of the lot. Ms. Valenzuela advised she was appealing the ruling of the Planning Commission. She explained she owns and operates a trade tech school in Las Vegas where each student is individually tutored. She plans to move the school to St. George and bought two homes side by side, one as a residence and one for the school. She advised that accommodations will be made for four parking spaces, and an St. George City Council Minutes September 21, 2000 Page Seven additional double-wide parking space for handicapped accessibility. This will provide parking for each instructor and one parking space for each three students. With only 4-5 parking spaces, there is ample room to meet the 30% landscaping requirement. No exterior structural changes will be made, and she asked that the driveway be allowed to meet residential requirements, rather than the 25’ requirement which cannot be met because of two City utility poles which cannot be moved. There will still be 17’ clearance for the driveway with easy access to the backyard area. Ms. Valenzuela advised the school will be accredited and will be a non-degree electronics trade school. Over 70% of her students have been placed, with a starting salary of $14 to $18 an hour plus benefits. Mayor McArthur inquired of Mr. Bradley if any opposition to the proposed use had been expressed by neighbors. Mr. Bradley replied that no opposition had been received. A motion to approve the conditional use permit as requested was made by Councilmember Gardner, subject to a six student limit. The motion was seconded by Councilmember Allen. Councilmember Whatcott commented that since the request is for a conditional use permit, the use could be reviewed again if there are problems. He questioned, however, residential requirements for a commercial use. Community Development Director Bob Nicholson advised that conditions can be imposed on a conditional use permit, and it is the City Council’s decision whether to apply residential or commercial requirements. Councilmember Orton inquired if staff had any concerns with the request, and was advised they did not. Mayor McArthur 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 WAIVER OF PERMITS/FEES FOR A DOCTORS’ FREE CLINIC: Consider a request from the Doctors’ Free Clinic for a waiver of required permits and fees. City Attorney Jonathan Wright advised the City was not yet prepared to address the request. Councilmember Gardner inquired if a joint venture could perhaps be arranged. City Attorney Jonathan Wright advised input is needed from the City Manager who is out of town, and the request cannot be considered at this time. Mayor McArthur suggested the matter be scheduled on the next agenda. Carol Sapp, Southern Utah Homebuilders Association, advised that Dr. Doxey was not able to be present at this meeting and will be out of town at the time of the next City Council meeting. She stated she preferred he be present when the issue is considered, and it would not hurt to delay it longer than two weeks, but would like it considered as soon as possible. City Attorney Jonathan Wright advised that the request, as it currently exists, could not be approved. Ms. Sapp advised that $40,000 has been raised for construction of the clinic. SUHBA will construct the building, with a goal of providing all needed materials through donations. $75,000 still needs to be raised to meet continuing needs of the facility. She advised that SUHBA plans to blitz-build the clinic. She St. George City Council Minutes September 21, 2000 Page Eight suggested the matter be scheduled for the next City Council meeting that Dr. Doxey is able to attend. EASEMENT AGREEMENT WITH GUBLER FAMILY: Consider approval of an agreement with the Gubler family for an easement along Dixie Drive for sewer and related improvements. Wastewater Division Manager Barry Barnum advised an agreement is recommended between the City and the Gubler family for an easement adjacent to Dixie Drive for placement of a bike and walking trail and sewer line. Mayor McArthur commended all parties involved for the successful negotiations. A motion was made by Councilmember Whatcott to approve the agreement. The motion was seconded by Councilmember Orton. Mayor McArthur 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. AUTHORIZE MAYOR TO SIGN RIVER ROAD DEDICATION: Consider authorizing the Mayor to sign the River Road dedication plat for City-owned property. Engineer Aron Baker advised it is necessary for the City to dedicate the portion of right-of-way and utility easement it owns for the River Road improvement project. A motion was made by Councilmember Gardner to authorize the Mayor to sign the dedication. 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 Whatcott - aye The vote was unanimous and the motion carried. Mr. Baker updated the City Council on the River Road widening project and its timetable for completion, and the various phases of the transportation improvement plan and timetable for completion. Mayor McArthur advised he has had a complaint about maintenance of burned out traffic lights, and inquired of Mr. Baker the City’s procedure for maintenance. Mr. Baker replied that the City has entered into an agreement with UDOT that when the City reports a burned out light, UDOT will replace it within 24 hours. Reports of burned out lights should be made to him or Patricia Dodson at the City’s reception desk. APPROVAL OF CONTRACT FOR BLOOMINGTON I-15 IMPROVEMENTS: Consider approval of, and authorization for the Mayor to sign, a contract between the City of St. George and the Utah Department of Transportation concerning funding and improvements to the Bloomington I-15 Interchange. City Attorney Jonathan Wright advised this agreement is between the City and UDOT for roundabout improvements at the Bloomington I-15 interchange. UDOT agrees to pay $500,000 to the City as its total monetary contribution for the roundabout section, and that, combined with the $484,945 the City contributed through donation from Deseret Transmission and Generation, will complete the funding aspect of the roundabout. Walmart is responsible for $500,000 and any St. George City Council Minutes September 21, 2000 Page Nine additional costs. The agreement states that UDOT will pay $500,000 to the City and place it in an escrow account if is it received prior to commencement of construction, and then pay installments to Walmart in increments upon completion of the interchange. There is no financial obligation on the part of the City. If the interchange is not done, or Walmart chooses not to continue with their project, the agreement provides that the money would be returned from escrow to UDOT. A motion was made by Councilmember Gardner to approve the contract. The motion was seconded by Councilmember Orton. Mayor McArthur 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. Mayor McArthur inquired of the audience if there were any new items for discussion with the City Council. There were none. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held August 31, 2000 A motion was made by Councilmember Gardner to approve the minutes as amended. The motion was seconded by Councilmember Orton. Mayor McArthur 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. Consider approval of the minutes of the regular City Council meeting held September 7, 2000. A motion was made by Councilmember Allen to approve the minutes as presented. The motion was seconded by Councilmember Orton. Mayor McArthur 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. MISCELLANEOUS: Councilmember Gardner advised he was contacted by Greg Winget, the manager of Sports Village, who complained that their cable rates were raised from $6.95 to $13.95, and he wondered if the City had any control through its franchise agreement. Councilmember Whatcott replied the franchise agreement specifies that accounts be set up by individual hook-ups, not clusters, as was previously done by Clear Vision Cable. City Attorney Jonathan Wright advised that the $13.95 rate is still much less than the single family residential rate and is not out of line. Councilmember Gardner advised he was contacted by someone concerned with health issues, specifically food handlers and other workers in public places who do not wash their hands. He inquired if there were any City ordinance that would St. George City Council Minutes September 21, 2000 Page Ten allow revocation of a City business license for not complying with health standards. City Attorney Jonathan Wright advised health issues are regulated by the State, not the City. ADJOURN: A motion to adjourn was made by Councilmember Gardner. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for vote as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. The meeting adjourned at 6:00 p.m. ________________________________ Gay Cragun, City Recorder