City Council Minutes

Thursday, January 18,2001



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JANUARY 18, 2001, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Rod Orton Councilmember Larry Gardner Councilmember Bob Whatcott City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The invocation was offered by Gary Esplin, and the flag salute was led by Rod Orton. Mayor McArthur invited anyone wishing to offer the invocation or lead the flag salute at a future meeting to do so. He advised that item 3A, a public hearing to consider a zone change from R-1-10 to PD Commercial for property located on the southwest corner of 1400 West Snow Canyon Parkway, and item 6A8 to consider approval of the Snow Canyon Water Project Interlocal Agreement, were tabled from the agenda. WASHINGTON COUNTY SHERIFF: Washington County Sheriff Kirk Smith introduced himself and advised he was visiting all city council meetings in Washington County to offer his assistance in any way. PRESENTATION OF CERTIFICATES OF APPRECIATION: Chief Marlon Stratton presented certificates of appreciation to members of the Mobile Watch who were instrumental in the recent apprehension of several criminal suspects and the solving of 40 cases of vandalism. Certificates of appreciation were also presented to Scott Griffin and Gil Almquist for their recent acts of outstanding community service. Chief Stratton advised a certificate of appreciation will also be presented to Regine Pratt who was instrumental in the arrest of three burglary suspects and the recovery of $20,000 in stolen items. Officer Craig Harding explained the Mobile Watch program. GIRL SCOUT PRESENTATION: Members of a local Girl Scout troop presented Mayor McArthur with several boxes of cookies and advised the annual sale of Girl Scout cookies will begin Monday, January 22. CONSENT CALENDAR: Consider approval of the financial statement for December, 2000. A motion was made by Councilmember Gardner to approve the financial statement as presented. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of 4/0 ACSR wire for the Gunlock reconductor project. St. George City Council Minutes January 18, 2001 Page Two Purchasing Agent Sue Swensen presented six bids received: Western States: $81,000 Western States (alt): $81,900 Northern Power Equip: $77,757.12 CED dba Royal Util: $82,848 St. George Winlectric: $81,452 EWS $82,500 She recommended award to the low bidder, Northern Power, in the amount of $77,757.12. A motion was made by Councilmember Gardner to award the bid for 4.0 ACSR wire to the low bidder, Northern Power, in the amount of $77,757.12. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of poles and cross-arms for the Gunlock reconductor project. Purchasing Agent Sue Swensen presented three bids received: Northern Power Equip: $57,703.50 CED dba Royal Util: $59,599.50 J. H. Baxter $55,425 She recommended award of the bid to Northern Power in the amount of $57,703.50, as the apparent low bidder, J. H. Baxter, made an error in their bid. A motion was made by Councilmember Gardner to award the bid for poles and cross-arms to the low bidder, Northern Power, in the amount of $57,703.50. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of a portable asphalt milling machine. Purchasing Agent Sue Swensen presented two bids received: Jarod Environmental: $53,895 Asphalt Zipper: $52,100 She recommended award of the bid for a portable asphalt milling machine to the low bidder, Asphalt Zipper, in the amount of $52,100. St. George City Council Minutes January 18, 2001 Page Three A motion was made by Councilmember Isom to award the bid for a portable asphalt milling machine to the low bidder, Asphalt Zipper, in the amount of $52,100. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. ORDINANCE RESCINDING ZONE CHANGE: Consider approval of an ordinance rescinding the zone change for property north of the Pine View High School area from C-3 back to R-1-10 due to an error in the legal description. City Manager Gary Esplin explained that due to an improper legal description submitted by the applicant’s engineer, an ordinance previously approved by the City Council changing the zone for property north of Pine View High School must be rescinded. The zone change with the proper legal description will be considered at the February 15 City Council meeting. A motion was made by Councilmember Whatcott to approve an ordinance rescinding the previous action. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote, as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. ORDINANCE RE DUTIES OF WATER AND POWER BOARD: Consider approval of an ordinance amending Chapter 2, Title 2, St. George City Code, concerning the powers and duties of the Water and Power Board. City Manager Gary Esplin explained this ordinance was previously discussed in a work meeting, has been reviewed and approved by the Water and Power Board, and better clarifies the role of the Water and Power Board. A motion was made by Councilmember Gardner to approve the ordinance as presented. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye The vote was unanimous and the motion carried. RESOLUTION TO PROVIDE NOTICE OF CREATION OF PARKING STRUCTURE: Consider approval of a resolution authorizing the City to proceed to provide notice for the proposed creation of a downtown parking structure. City Manager Gary Esplin advised that the Downtown Parking Committee recommends that a special improvement district be created to construct a parking structure in the downtown area. St. George City Council Minutes January 18, 2001 Page Four A motion was made by Councilmember Orton to approve the resolution. Councilmember Gardner declared a conflict of interest because he is an owner of property on which the parking structure will be constructed. He advised he would not vote. Councilmember Orton’s motion was seconded by Councilmember Whatcott. Mayor McArthur called for a roll call vote, as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - abstained The vote was unanimous except for Councilmember Gardner, who abstained from voting, and the motion carried. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 9, 2001, recommended a public hearing be scheduled for February 15, 2001 at 5:00 p.m. to consider an amendment to the hillside overlay zone to include the Sun River South annexation area. The City of St. George is the applicant. A motion was made by Councilmember Gardner to set the public hearing as recommended by the Planning Commission. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 9, 2001, recommended approval of the preliminary plat for The Cliffs of Snow Canyon Phase II. The applicant requests that the sidewalk be allowed on one side of the street only. A second access will be required but because it is not feasible at this time, it will be addressed in a future phase. Randy Deschamps, applicant, advised that a second access has been agreed to with Trust Lands and Entrada. A motion to approve the preliminary plat and allow the sidewalk to be continued to be placed on one side of the street, with the understanding that there is a commitment for access, was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Councilmember Isom declared a conflict of interest as First American Title, her employer, is handling the title work for the project. She advised she would vote. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye St. George City Council Minutes January 18, 2001 Page Five The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 9, 2001, recommended approval of the preliminary plat for Tobler Subdivision, subject to (1) construction drawings addressing the mitigation of topography regarding safety issues and to enhance the area between adjacent developments on the east side of the project and Lots 1, 2 and 3; and (2) if the land trade is not successful, Lots 4, 5 and 6 should reflect the proper lot alignment and square footage adequate for the zone. A motion to approve the preliminary plat subject to the recommendations of the Planning Commission was made by Councilmember Orton. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 9, 2001, recommended approval of the preliminary plat for Sandstone Shadow Subdivision. He advised that a right-hand culdesac is being required and will occupy what was Lot 14 of this phase. This lot will be included in a future phase. A motion to approve the preliminary plat as recommended by the Planning Commission was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 9, 2001, recommended approval of the final plat for Sedona Hills Townhomes. The configuration of the building pads has changed since the preliminary plat, but the number of units remain the same. Mayor McArthur commented it was his understanding the cut on the hill would not be as large as it is. Community Development Director Bob Nicholson advised that construction of the homes will cover up some of the cut on the hill. Councilmember Orton requested assurance that an equestrian trail would be provided through the project. Vince Clayton, representing Ence Homes, advised there will be an opportunity for horses to access the Paradise Canyon tortoise reserve. An equestrian trail will not, however, be provided through Sedona Hills. Mr. Clayton advised the intent always was to cut into the face of the hill, but homes will cover 25’ to 30’ of the cut. He explained that a high pressure gas line was originally located upon an estimate of where Snow Canyon Parkway was going to go, when in reality it St. George City Council Minutes January 18, 2001 Page Six was further north. The gas line lies south of the ROW line. The applicant met with Questar on site and it was determined the development had to be a certain distance away from the gas line. A trade-off is proposed for the area which lies west of the intersection in order to increase the distance between the sidewalk and the 6’ wall. Between the entrance to the project and west extremity there will be 10’ instead of 4’, but the majority of project will have a 10’ planting area in front of the wall. East of the entrance, however, the gas line creates a problem because it cuts across the steep face. The applicant met with Bob Nicholson, and it is proposed that placement of a 3’ safety wall be allowed against the sidewalk, with a 5’ landscaping area behind the wall. All planted areas will be maintained by the association. A motion to approve the final plat and authorize the Mayor to sign it was made by Councilmember Gardner. The motion was seconded by Councilmember Isom. Councilmember Whatcott inquired if placement of the sidewalk immediately adjacent to an 80’ right-of-way created a safety concern. Vince Clayton advised there is no other place to locate the sidewalk because of the high pressure gas line and the face of the hill. Councilmember Gardner commented this situation was no different than on Bluff Street. Councilmember Whatcott replied that other developments have not been allowed to place a wall right up against a roadway. City Manager Gary Esplin advised there were no other alternatives due to the pipe line. Community Development Director Bob Nicholson advised that City Engineer Jay Sandberg reviewed the plan and requested the 3’ wall be increased to 4’. He advised the issue is more one of aesthetics rather than an ASHTOE requirement. Councilmember Gardner advised his motion to approve stood as made, with the condition that the City be allowed to determine the height of the wall. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 9, 2001, recommended approval of the final plat for Shadow Mountain Subdivision Phase VIII. There were 33 lots at the time the preliminary plat was approved, but the final plat shows 29. Five lots were included in Phase IV-C, and Lot 320 is an additional lot to this phase. Continuation of 1210 West Street south from the culdesac was recommended as a condition for approval. Councilmember Isom commented that the private road will have to be shown on the plat and a note on the plat should also state this fact in order to inform buyers. She then made a motion to approve the final plat and authorize the Mayor to sign it, subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: St. George City Council Minutes January 18, 2001 Page Seven Councilmember Isom - aye Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING: Public hearing to consider approval of a zone change from R-1-10 to Planned Development Commercial on the southwest corner of 1400 West Snow Canyon Parkway. Allan Carter, applicant. This item as tabled at the request of the applicant. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 Single Family Residential to R-3 Multiple Family Residential on 10 acres located on the west side of Tonaquint Drive across from the Joshua’s project, and ALSO to change the zone from R-3 Multiple Family Residential to PD Planned Development on approximately 10 acres located north of the Joshua’s project to become an extension of the Joshua’s. Gerry Brown, applicant. Councilmember Allen declared a conflict of interest because her husband has done electrical work for the developer. Community Development Director Bob Nicholson advised the applicant is proposing to build a family-type apartment project, but is concerned if the use is appropriate adjacent to a golf course because of compatibility with golf balls and children. He proposed to relocate the apartment complex across the street, and locate single level townhomes on this site as a continuation of The Joshuas Phase I project. In an R-3 zone, if density is more than 12 units per acre, the Planning Commission has design review privileges and an opportunity to see the style of the buildings. Gerry Brown, applicant, advised he did not want to lose R-3 zoning as it is hard to get and the property has been zoned such for 15 years. City staff felt the proposal was a good trade-off and the project will benefit the City. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion to approve the zone change from R-1-10 to R-3 by ordinance was made by Councilmember Gardner. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a roll call vote, as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - abstained The vote was unanimous, except for Councilmember Allen who abstained from voting, and the motion passed. A motion to approve the zone change from R-3 to PD by ordinance was made by Councilmember Orton. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, as follows: St. George City Council Minutes January 18, 2001 Page Eight Councilmember Orton - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - abstained The vote was unanimous, except for Councilmember Allen who abstained from voting, and the motion passed. INTRODUCTION AGATE TECHNOLOGIES: John Madigan, President of Agate Technologies, introduced himself and advised he looked forward to working with the City, County and State to relocate his small technology firm to St. George from the San Jose, California area. Mayor McArthur advised Agate Technologies builds USP hard file storage devices on a key chain, and welcomed them to the community. PUBLIC HEARING/REMOVE SEGMENT FROM ROAD MASTER PLAN/ORDINANCE: Public hearing to consider removal from the Road Master Plan a segment of road located along the Cottam property east of River Road and north of the Foothills which is between the intersections of Ft. Pearce Drive and River Road and 2330 South and River Road. City of St. George, applicant. Community Development Director Bob Nicholson advised that on the master road plan north of the fire station on Cottam property there exists a stub of roadway. The balance of the roadway was removed from the master road plan, and the property owner is now requesting this remaining piece be removed. Staff sees no need for this small segment of road to remain on the road master plan and supports its removal. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Councilmember Isom to approve an ordinance removing the segment of road as requested. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a roll call vote, as follows: Councilmember Isom - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 Agricultural one acre lot size to RE-20 Residential Estates 20,000 sq. ft. minimum lot size for 18.31 acres located east of River Road on 2800 South Street. Norma Sturdevant, applicant. Community Development Director Bob Nicholson explained this property is included in the Little Valley special improvement district for sewer improvements. The applicant is requesting half acre zoning which is low density and concurs with the City’s general plan for this area. The Planning Commission recommended approval. Councilmember Allen advised the City Council received a letter from Jeannie Black requesting answers to her concerns about the zone change. Mayor McArthur opened the public hearing. St. George City Council Minutes January 18, 2001 Page Nine Bob Wallin advised he represented his in-laws who are owners of property adjacent to the zone change. He advised that due to the fact the sewer line goes through their property, they are requesting that it be installed with the roadway in order to benefit future development and be consistent with the area. He advised that access is more than adequate. Mayor McArthur advised that Ms. Black’s letter expresses site distance concerns, as well as concern that an adjacent drainage canal poses a concern for area children. However, these issues are apart from the zone change. Community Development Director Bob Nicholson advised that the applicant will be required to improve her frontage with curb, gutter and sidewalk along the subdivision frontage. There being no further public comment, Mayor McArthur closed the public hearing and called for a motion. Councilmember Orton commented the zone change appeared to be consistent with other zoning in Little Valley, and 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, as follows: Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from C-2 Highway Commercial to C-3 General Commercial on property located south of St. George Blvd. on 1000 East. John and Gail Graham, applicants. Community Development Director Bob Nicholson advised the property is located below the Sinclair gas station on the west side of 1000 East. Adjacent zoning is C-3 to the south, but since plumbing and air conditioning businesses are not allowed in a C-2 zone, the applicant is requesting a change to C-3. The Planning Commission recommended approval. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing and called for a motion. A motion was made by Councilmember Allen to approve the zone change by ordinance. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, as follows: Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Gardner - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. Mayor McArthur called for a five minute break. REQUEST TO EXTEND CONDITIONAL USE PERMIT: Consider a request for review and three year extension for a sand and gravel extraction operation located east of the National Guard armory near the Ft. Pearce Wash. Western Rock Products, applicant. St. George City Council Minutes January 18, 2001 Page Ten City Manager Gary Esplin explained that no complaints have been received about the applicant’s operation. The Planning Commission recommended approval. A motion was made by Councilmember Gardner to approve extension of the conditional use permit for another three years. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request to amend a conditional use permit to increase the number of students from 60 to 128 at the Red Rock Canyon School located at 747 E. St. George Blvd. Frank Habibian, applicant. Associate Planner Mark Bradley advised the Fire Marshall has inspected the site and given permission for the fire sprinkler system to be operational by June 1, 2001, and the fire alarm system operational by October 1. Everything else is in order. The Planning Commission recommended approval subject to nine conditions: 1. No admission of students with a history of violence of felony conviction. 2. No time share use while the school exists. 3. The school will complete the legal documents to eliminate time share units. 4. The state must license the additional students. 5. All school facilities must comply with building and fire codes. 6. A report from the Police Chief on the school’s security system. 7. A separation requirement of 600’ between treatment centers is not deemed to apply to this expansion of students. 8. All facilities, rooms, etc. must remain as they already exist. 9. The impact report previously provided applies to the proposed expansion. Councilmember Gardner inquired of the applicant if the request for 128 students would be the maximum number of students at the facility. Tony Allen, representing the applicant, advised the request for increased enrollment will not maximize the enrollment, but will suffice quite a way into the future. He advised the five acre facility with 60,000 sq. ft. of administrative school facility space and 120 motel rooms would be utilized, mostly for student housing. Increasing enrollment makes the project more economically viable, and this will be addressed again in the future when the applicant comes back for another increase. Mayor McArthur advised that the number of students is maximized at this time by the limit set by the City Council. Mr. Allen advised that with increased enrollment more staff and supervision will be required, and no increase in police activity is expected. He advised that all the time shares have been done away with and moved to the Coronada Vacation Village. The applicant is currently in the process of a quiet title action to remove the plat from the County records. A motion to approve the conditional use permit as requested subject to the recommendations of the Planning Commission was made by Councilmember Gardner. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: St. George City Council Minutes January 18, 2001 Page Eleven Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PARTICIPATION IN DOWNTOWN PROMOTION PROGRAM: Consider a request from the downtown merchants for participation in a downtown area promotion program. City Manager Gary Esplin advised that staff recommends City participation in a new program to increase activity in the downtown area. Downtown area merchants will raise half the funds needed, and request that the City match the funds through use of RDA funds. It is recommended that up to $15,000 of RDA funds be approved for this use. A motion was made by Councilmember Orton to approve use of up to $15,000 in RDA matching funds for this program. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. City Manager Gary Esplin clarified that general fund tax dollars will not be used, only funds generated by increased activity in the redevelopment district. State law allows the City to use RDA funds to continue to revitalize the RDA area. The City currently has five to six years left under this program. RESTAURANT LIQUOR/BEER LICENSE: Consider a request for approval of local consent for a beer and liquor restaurant license for The Painted Pony. June Pace, applicant. City Manager Gary Esplin advised this is not a request for a new license, but for a new applicant for the same restaurant. The application has been reviewed and no problems were identified. A motion to approve the restaurant liquor license and beer license was made by Councilmember Isom. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Isom - a