City Council Minutes

Thursday, May 17,2001



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING MAY 17, 2001, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Council Member Bob Whatcott Council Member Rod Orton Council Member Suzanne Allen Council Member Larry Gardner City Manager Gary Esplin City Attorney Jonathan Wright EXCUSED: Council Member Sharon Isom OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Council Member Whatcott and Mayor McArthur offered the invocation. CITIZEN RECOGNITION: Mayor McArthur recognized Cherrie Miller for her volunteer service to the community. For the last eight years Ms. Miller has been picking up trash as she walks. In appreciation, Mayor McArthur presented Ms. Miller with a gift certificate and Olympic book. CONSENT CALENDAR: Consider approval of the financial statement for April, 2001. City Manager Gary Esplin advised that overall the City is in good financial condition. A motion was made by Council Member Whatcott to approve the financial statement as presented and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of cleaning and paper supplies for the City. Purchasing Agent Sue Swensen presented three bids received: American Tavco $66,656,80 Unisource $56,371.50 Camco $52,948.44 She recommended award to the second low bidder, Unisource, in the amount of $56,371.50, as the City currently uses Unisource and they have supplied all the dispensers for their product. She explained that the low bidder, Camco, would have to remove the dispensers currently used and would then charge the City for use of their dispensers. Additionally, City staff inspected the Camco warehouse and feels they do not have the product on hand needed by the City. Matt Staheli, representing Camco, advised if he had to provide the dispensers he would, but felt his product would fit the dispensers currently being used. The dispensers were not included in the bid. He advised that Camco’s warehouse was bigger and better than that of Unisource. St. George City Council Minutes May 17, 2001 Page Two Council Member Gardner commented that if in fact the cost of putting in the dispensers was not more than the approximately $4,,000 difference in the bids, Camco would still be the low bid. Mr. Staheli advised his products would fit Unisource’s dispensers, but if they did not, he would change them out. Ms. Swensen advised that the City’s Building Maintenance Supervisor, Dennis Montoya, advised her if Unisource did not receive the bid, their dispensers would have to be removed as they are their property and not owned by the City. Mayor McArthur commented that use of Unisource’s dispensers in essence makes them a single source supplier. Ms. Swensen suggested the City purchase the dispensers. Mayor McArthur commented that frequently a supplier will provide a dispenser at no cost if their product is being used. Mr. Staheli replied that would depend on how competitive the company was. He explained he was under the impression from Mr. Montoya that another product would not fit the dispensers provided by Unisource, and that was the reason he was recommending award of the bid to Unisource. However, Camco can provide any dispenser for any building or product, and currently provides all the paper products for the Washington County School District. Council Member Allen inquired if Camco’s dispensers were a different size, and if removal of the Unisource dispensers would leave holes in the walls. Mr. Staheli replied the only issue is the paper towel dispenser, but everything else is the same product and should not be an issue. Council Member Orton inquired about Camco’s inventory levels. Mr. Staheli advised he has seen Unisource’s warehouse in Las Vegas, and Camco has the ability to pull from a warehouse larger than Unisource’s. City Manager Gary Esplin suggested the matter be tabled until the Purchasing Agent and Mr. Montoya can meet with Camco and make sure any concerns have been remedied while still meeting the low bid. A motion was made by Council Member Allen to table award of this bid per the recommendation of the City Manager. The motion was seconded by Council Member Whatcott. Purchasing Agent Sue Swensen advised she would check with Unisource on a price to purchase the dispensers. Mr. Staheli advised he thought the City had already purchased the dispensers. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the1650 West drainage project. Purchasing Agent Sue Swensen presented eight bids received: St. George City Council Minutes May 17, 2001 Page Three Cenco, Inc. $28,969.98 Dennett Construction $32,470 L&M General Engineering $32,661 A-T Asphalt $34,223 Orton Excavating $36,743.22 Interstate Rock Products $40,638.69 Bud Mahas Construction $40,713.80 Samcor Construction $44,871 She recommended award to the low bidder, Cenco, Inc., in the amount of $28,969.98. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Cenco, Inc. in the amount of $28,969.98. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the construction of the Bloomington Ranches special improvement district. Purchasing Agent Sue Swensen presented five bids received: Sunroc $628,598.50 John Orton Exc. $616,647.56 Quality Exc. $637,125.70 P.C.I. $598,582 Interstate Rock $625,628.80 She recommended award to the low bidder, P.C.I., in the amount of $598,582. The estimated starting date is within 30 days, with completion anticipated in August to mid-September. A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to the low bidder, P.C.I., in the amount of $598,582. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the Gunlock well field pipeline project. This item was tabled. AWARD OF BID: Consider award of bid for the liability insurance policies for the City. City Manager Gary Esplin explained that in the past the City has rebid its liability insurance every three years. He invited the City’s liability insurance consultant, Darrell Childs from Olympus Insurance, to explain the bids received. Mr. Childs advised the City submitted requests for bids to 10 different carriers but only received four bids. The best bid was received from Royal Insurance to St. George City Council Minutes May 17, 2001 Page Four cover the City’s physical facilities, with a significant adjustment in the property schedule. A review of the City’s facilities is performed every three years to make sure they are insured for the present replacement value. For boiler machinery insurance adjunct to the property insurance, a re-calculation in the schedule to reflect the new increase limit was made. This coverage would pertain to all boilers and mechanical apparatus within all facilities. The primary area of exposure is the Electrical Department and Water Treatment Plant. A review of the City’s present airport liability coverage indicates a significant increase is needed in the limits, and the present limit of $10,000,000 per occurrence is not adequate. He recommended continuance of the City’s excess liability insurance with the present limit of $10,000,000 per occurrence. He summarized by recommending Royal Insurance for the City’s property liability insurance, Chubb for boiler and machinery liability, Old Republic for the airport liability policy, and Royal Insurance for excess liability insurance. City Manager Gary Esplin explained that this year’s liability insurance market has tightened. Mr. Childs commented this was the reason many carriers did not respond to the City’s request for bids. Mr. Esplin recommended that the airport liability coverage limit be increased from $10,000,000 to $100,000,000 due to increased activity at the airport. Council Member Orton inquired if all the recommended bid awardees were rated Triple A. Mr. Childs responded that they were. He explained that the excess liability policy deals with City operations and encompasses the Police Department, public officials, administrative staff, and the general liability policy involves facilities, parks, power department and auto liability. Council Member Orton inquired if coverage for outside interests using City facilities for City-sponsored events was reviewed. Mr. Childs replied this policy was primarily designed to cover insurance interests of the City’s facilities and operations. City Attorney Jonathan Wright explained the City requires a certificate of insurance from third parties using City facilities. Council Member Gardner inquired of Mr. Esplin if he felt the increased limit to $100,000,000 per occurrence at the airport was necessary. Mr. Esplin replied that it was absolutely necessary to limit the City’s exposure and is an unfortunate part of doing business. A motion was made by Council Member Gardner and seconded by Council Member Orton to award the City’s liability insurance policies as follows: Property liability coverage to Royal Insurance Boiler and Machinery liability coverage to Chubb Airport liability coverage to Old Republic Excess liability coverage to Royal Insurance Mayor McArthur called for a vote, as follows: St. George City Council Minutes May 17, 2001 Page Five Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. RESOLUTION ABANDONING EASEMENTS: Consider approval of a resolution abandoning easements between Lots 165 and 166 and between Lots 166 and 167 of Shadow Mountain Subdivision Phase III. City Manager Gary Esplin explained that in order to accommodate an encroachment by one of the neighbors, the applicant is requesting an adjustment of the lot lines between two lots, and will provide the City with appropriate easements. Staff has reviewed the request and recommends its approval. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the resolution abandoning the easements as requested. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 8, 2001, recommended public hearings be set for June 21, 2001 at 5:00 p.m. to consider the following items: 1. An amendment to the PD Commercial zone located north of Brigham Road on Pioneer Road for a fueling station. Felipe T de la Garza, representing TESORO Fueling Station, applicant. 2. A zone change from R-1-8 to R-2 on 8,184 sq. ft. on the north side of Diagonal at 600 North. Rebecca Stucki, representing Habitat for Humanity, applicant. 3. An amendment to the Zoning Ordinance regarding the number of occupants in a dwelling unit for off-campus student housing. City of St. George initiated. A motion was made by Council Member Orton and seconded by Council Member Allen to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 8, 2001 recommended approval of the final plat for Bellsera Townhomes at Sunbrook Phase I. Norm Olsen, applicant. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the final plat and authorize the Mayor to sign it. St. George City Council Minutes May 17, 2001 Page Six Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member 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 May 8, 2001, recommended approval of the final plat for Sunrise Ridge Subdivision Phase III. Gorm Klungervik, applicant. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 8, 2001, recommended approval of the final plat for Sun River 2B Amended and Extended. Darcy Stewart, applicant. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 8, 2001, recommended approval of the preliminary plat for The Knolls at Little Valley. He explained that the project is proposed to be developed in three phases. There are 51.2 acres creating an overall density of 2.01 dwelling units per acre with 2.28 acres designated as open space for future road alignment and because of the flood plain. The Master Land Use Plan designates the area as Low Density Residential with up to four dwelling units per acre. The applicant proposes a 50’ right of way for Knolls Drive with a 4’ planter and 35’ asphalt width. There will be 5’ sidewalks on both sides of the right of way in the private property. The sidewalks will be dedicated as easements to meet the 60’ right of way requirement. In order to use the alternative road cross-section, the applicants will have a 30’ front yard setback area for homes along Knoll Drive. Kevin Ence is the applicant. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye St. George City Council Minutes May 17, 2001 Page Seven Council Member Allen - aye The vote was unanimous and the motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 8, 2001, recommended approval of a lot split on 300 North in an R-2 zone subject to the utilities and drainage easement document being signed by the land owners for dedication. There are two dwelling units on the parcel. Parcel A (29 East 300 North) will consist of 10,347 sq. ft. and Parcel B (45 East 300 North) will have 9,011 sq. ft. Brian Hickman is the agent for William Baker, applicant. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the lot split subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for an accessory building that exceeds 15 feet in height at 747 West Bridgepoint Way. Troy Ence, applicant. Associate Planner Mark Bradley advised that the applicant’s home is located in the new Pointe West Subdivision, and has a detached garage because it is located within the erosion hazard area. The home, however, is outside of the erosion hazard area. The applicant is requesting additional height for the garage to allow uniformity of the two buildings. The Planning Commission recommended approval. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a transmission line for Dixie Escalante Rural Electric Association on 3000 East in the Little Valley area. City Manager Gary Esplin advised this matter was tabled from the last City Council meeting agenda so that a field trip to the site could be made. The site visit was held today before the meeting. The applicants request permission to move a 69 kV line from the west side of 3000 East and construct a new line on the east side of 3000 East. Any change in the location of a 69 kV line requires a conditional use permit. Council Member Gardner commented he could not see getting rid of the ditch, and it should remain to solve drainage issues. He made a motion that the line be moved to the east side of the road but to the west side of the ditch. The motion died for lack of a second. St. George City Council Minutes May 17, 2001 Page Eight Council Member Orton commented that moving the easement to the west side of the road as it turns may create a problem, but moving the easement to the east side of the road gives more latitude. A portion of the ditch could be covered and a culvert installed. Mayor McArthur commented that whether the ditch is covered or not, it will remain in place in one form or another. A major water line from Quail Creek runs parallel to the ditch on the west side of the bank, and there may be a chance of losing that line because the bank is sloughing off. He requested that the Water Department inspect the line in this area. Don Rawlings advised he did not want the power line on the east side of the ditch. Council Member Gardner inquired how far away the line would have to be placed to not interfere with the water line from Quail Creek, and if changing the alignment from the west bank to the east bank would create alignment problems further down the line. Steve Crosby representing Dixie REA advised that as designed right now, if the line were to remain on the east side of the road, a self-supporting structure would have to be used which would require a larger footing. City Manager Gary Esplin advised if the line were located on the east side of the ditch, one pole would be located on the Starlings’ property and three on the Rawlings’ property. Council Member Whatcott advised it was his opinion the line should be located on the east side of the road on the east side of the ditch. He commented that originally Dixie REA requested a conditional use permit which would be at no cost to the City. Now, however, if the line is left on the west side of the road or on the west side of the ditch, the City will incur cost. Placement of the line on the west side of the ditch may limit roadway options in the future. Council Member Gardner commented that as the road improves, it will have to go west in any event, and placement of the line on the west side of the ditch would not decrease any options for road width and the City will still have the cost of covering the ditch. Council Member Whatcott replied that if the poles are moved to the east side of the ditch more road design options are provided. Mr. Crosby explained if the City were taken out of the equation and the power line were installed on the west side of the canal, 100% of the property owners will be happy. Dixie REA will install the line wherever the City recommends, however, as it is staked now, two out of 13 property owners are unhappy. Mayor McArthur inquired if there was anyone present from the Water Department to answer the question of how close the water line from Quail Creek was to the ditch in question. There was no one present from the Water Department. He inquired of Mr. Crosby how close a pole would be located to the pressurized water line. Mr. Crosby replied he did not want to locate a pole very close to the water line. Test holes were dug 42-48’ deep before bedrock was hit. Engineering Associated Roger Bundy explained that location of the line on the west side of the ditch would limit road design options in t he future. For that reason he recommended placement of the line on the east side of the ditch. Council Member Orton advised it appeared the City Council all preferred location of the line on the east side of the road, but he would like to see location of the line on the west side of the ditch if it could be made to work. St. George City Council Minutes May 17, 2001 Page Nine Council Member Gardner commented that what is best for the City down the road should be done, but a solution can be had which is a win-win for the property owners and the City. Placement of the line should accommodate the property owners. Council Member Whatcott inquired if one pole could be placed on the east side of the ditch with the rest placed on the west side of the ditch. Mr. Crosby explained that the top of the pole on the east will try to line up with the rest of the poles and would lean because of the conductor strand. Mr. Rawlings commented the power pole could be moved as much as 10-15 feet but it would then be close to the edge of the water. He suggested placing the poles on the east side of the road on the west side of the ditch. Council Member Gardner commented that the ditch is the defining line for the road, not the power line. Council Member Allen commented placement of the poles on the west side of the street would negatively affect property owners who have already developed. Council Member Orton commented that 3000 East already has many power poles. He inquired of Dixie REA if the poles were placed on the west side of the ditch, would they change the alignment of other 15 already approved. Mr. Crosby replied if the City wanted the poles located on the west side of the ditch, the City would have to give an easement as they would be placed on a dedicated City road. City Manager Gary Esplin advised that Mrs. Starling indicated she is not opposed to placement on the poles on the east side of the street but on the west side of the ditch. Council Member Gardner stated he would add to his previous motion inclusion of a right-of-way easement. The motion died for lack of a second. Council Member Orton expressed concern that the Water Department would not approve a pole that close to a pressurized water line. Council Member Allen advised that the pressurized water line adjacent to Mr. Rawlings’ property was exposed last spring. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the conditional use permit with placement on the poles on the east side of the road on the east side of the ditch. Virginia Starling asked that the motion include a stipulation that the line could be located on the west side of the ditch if agreed to by the Water Department. Council Member Orton advised he would also like to make sure the road would fit if the entire line were placed on the west side of the ditch. Public Works Director Larry Bulloch commented the real question is what will happen to the ditch and where it should be placed in respect to other improvements. Council Member Gardner advised that the 3000 East location has tail and subsurface water that cannot be solved by piping the drainage ditch in that area. Mr. Bulloch replied it could be mitigated with subterranean drainage. City Manager Gary Esplin stated that if the poles are placed on the west side of the ditch, the ditch will be in the front yards when the property is developed. If the poles are placed on the east side of the ditch, then that becomes the edge St. George City Council Minutes May 17, 2001 Page Ten of the right-of-way and the ditch is still within the City right-of-way and can be piped at some point in the future if needed. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - no The motion carried. PUBLIC HEARING/GENERAL PLAN LAND USE MAP AMENDMENT BY ORDINANCE: Public hearing to consider approval of an amendment to the General Plan Land Use Map designation from Medium Density Residential and Commercial to Commercial and Open Space designation for commercial development along Riverside Drive and for parks, trails, water sports, and a dinosaur park along the river located between Mall Drive and 2450 East on the south side of Riverside Drive. Paul Jensen, applicant. Community Development Director Bob Nicholson explained the subject property is the Johnson farm property and consists of 63 acres. Millcreek High School, an LDS Church under construction, and the dinosaur quarry are all nearby, with a City park across the street. The current General Plan shows the area as medium density residential, but the applicant prefers a commercial use and business park on the back side with the road to be single loaded adjacent to the park along the flood plain area. One concern discussed at the Planning Commission meeting was that Riverside Drive not become a commercial strip area. However, the applicant is requesting a general commercial designation. Staff suggests this commercial use be defined more as professional office, with the back part being used for a business park. The Planning Commission recommended approval of the request, but there was some confusion about what the applicant’s request was. Staff is concerned that general commercial means retail, and the use should be defined as professional office. Mayor McArthur inquired if this change in designation would affect the value of any property when purchased for a monument. Mr. Jensen replied that it would not, as the matter has already been discussed and the area defined on a map. City Manager Gary Esplin commented a price has been agreed on to protect the site, but if river front property is affected, this would require another valuation. Mr. Jensen explained he would like to keep the monument site as small as possible, and the museum is now being designed. The change to the Master Plan will still accommodate development and will enhance the area if done properly. Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing and called for comments. Council Member Gardner expressed surprise that the applicant wanted a commercial designation in addition to the business park. City Manager Gary Esplin commented that professional offices and a business park might attract high tech industries with its campus-like setting along the river, and this might be preferable to homes surrounded by commercial development. Mr. Jensen expressed agreement with a professional office designation rather than general commercial, but stated he hoped that as time progressed, there would be flexibility in some of the uses. St. George City Council Minutes May 17, 2001 Page Eleven A motion was made by Council Member Orton and seconded by Council Member Allen to approve an ordinance amending the General Plan Land Use Map designation from medium density residential and commercial to professional office and open space for commercial development along Riverside Drive and for parks, trails, water sports, and a dinosaur park along the river located between Mall Drive and 2450 East on the south side of Riverside Drive. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND MASTER ROAD PLAN BY ORDINANCE: Public hearing to consider a request for approval of an amendment to the Road Master Plan to remove a small portion of 2060 East Street to accommodate a new Washington County School District intermediate school. Washington County School District, applicant. Community Development Director Bob Nicholson explained this was a housekeeping item. The School District recently purchased property for an intermediate school and requests that a small portion of 2060 East Street be deleted and 270 South Street constructed along the northern perimeter of the property to tie 2650 East to Mall Drive. Staff sees the proposal as workable and recommends its approval. The Planning Commission, at its meeting held May 8, 2001, recommended approval. The site plan, however, is three to four years away. Access off Mall Drive will be discouraged and will be from 270 South Street. Phil Williams, representing the School District, explained the parking lot was originally planned to be accessed from Mall Drive, but all bus parking will now access off 270 South Street. The front of the school will face south, and a front presence to the building is needed, so minimal visitor parking will be provided in the front of the school to be accessed from Mall Drive. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. Council Member Whatcott questioned why the School District was requesting the road be deleted now if construction is not planned for years. Brent Gardner replied that originally 2060 East was planned for the present Mall Drive alignment, but since construction of Mall Drive, there is really not a need for it. 2060 East will still connect with Mall Drive through 270 South Street. City Manager Gary Esplin explained the School District was concerned about actions of future City Councils and wanted action before they closed on the property. Phil Williams explained the School District was trying to deal with all issues as early as possible. If the road cannot be deleted, the property is of no value to the School District. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve by ordinance the amendment to the Road Master Plan as recommended by the Planning Commission. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye St. George City Council Minutes May 17, 2001 Page Twelve The vote was unanimous and the motion carried. RECOGNIZE CITY MANAGER: Mayor McArthur recognized City Manager Gary Esplin for serving 25 years as the City’s Manager and expressed appreciation for his great insight in managing the City. PUBLIC HEARING/ZONE CHANGE BY ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 Single Family Residential to PD Planned Development Residential for a townhouse development on 5.23 acres of property located south of Riverside Drive on 2450 East Street. Tim Izatt, applicant. Community Development Director Bob Nicholson explained the requested zone change is for property located on both sides of the 2450 South extension. Part of the project abuts the Riviera Palms project and the other part is south of the church under construction along the loop road. There are 48 units on 5.2 acres for a density of 9.1 units per acre. The General Plan indicates medium density residential for the area, and this project falls within the framework of the General Plan. Two story units are proposed, and they will be brick and stucco with tile roofs. Staff will work with the applicant to provide some kind of privacy wall. More parking has been provided than required by the ordinance. Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing and called for a motion. A motion was made by Council Member Allen and seconded by Council Member Gardner to approve by ordinance the requested zone change. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND PD BY ORDINANCE/PRELIMINARY PLAT: Public hearing to consider approval to amend a portion of a PD Planned Development on .5 acre for Phase III of the Canyon View at Laurelwood project located at 100 North Valley View Drive. Bob Bergen, applicant. Community Development Director Bob Nicholson explained that this phase will finish the project which was originally approved in 1985. Four dwelling units are proposed in the final phase, all single level. The Planning Commission recommended approval, and also recommended approval of the preliminary plat for the same project. Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing and called for a motion. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve by ordinance the amendment to the PD as recommended by the Planning Commission. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. St. George City Council Minutes May 17, 2001 Page Thirteen A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to convert an existing commercial building to an auto broker business as 1250 West Sunset Blvd. Mike Swapp, applicant. Associate Planner Mark Bradley advised the applicant desires an office for an auto broker business. The applicant will take requests for vehicles, purchase them at auctions and bring them back for his customers. Drive-by visibility is not needed. Mike Swapp, applicant, advised he wants to operate this side business mainly for family and friends but occasionally for the public. There will not be a great volume of cars. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the conditional use permit as requested for up to ten cars. Mayor McArthur called for a vote, as follows: CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to convert an existing commercial building to a used car sales lot at 1515 West Sunset Blvd. Rick Gilbert, applicant. Associate Planner Mark Bradley explained the applicant is proposing to convert the former Frostop restaurant to a car sales lot. The Planning Commission recommended approval subject to: (1) complying with the landscape requirement; (2) providing street trees every 30-40 feet as required by the Urban Forestry Program; (3) meeting parking and setback requirements; and (4) replacing the existing sign with a monument sign. Mayor McArthur advised that monument signs are not required, and inquired why this condition was placed on the applicant’s request. Mr. Bradley replied the Planning Commission felt this request was an appropriate place to start. City Attorney Jonathan Wright advised the sign must be changed, but there is no requirement that it be a monument sign. Council Member Allen explained that discussions have been had with the Chamber Community Action Committee and Sign Board about monument signs and the changes that are forthcoming. However, she did not feel comfortable imposing the requirement for a monument sign when the issue had not been discussed publicly and public input received. Council Member Gardner commented the requirement for a monument sign seemed arbitrary. Mr. Bradley advised that no matter what kind of sign is installed, a sign permit will be needed by the applicant. A motion was made by Council Member Orton to approve the conditional use permit as recommended by the Planning Commission with the exclusion of the St. George City Council Minutes May 17, 2001 Page Fourteen requirement for the monument sign. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONTRACT FOR VOLUNTEER SERVICES: Consider approval of a contract for volunteer services with the Volunteer Center of St. George. City Manager Gary Esplin explained that a recent Supreme Court decision makes it unlawful for a governmental entity to make a charitable contribution without receiving benefit of equal value. The Volunteer Center provides volunteers for City events, and the City Attorney has drafted an agreement in conformance with all applicable laws. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the contract in the amount of $7,500. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. City Manager Gary Esplin advised the Volunteer Center provided $16,000 in services to the City last year. CHANGE ORDER: Consider approval of a change order for additional engineering services for the River Road widening project. City Manager Gary Esplin explained that when the City originally bid this project the bids came in differently than hoped, plus the City now has the opportunity to add curb and gutter to the project. All changes were incorporated and the project was rebid. Staff recommends that the contract with Sear Brown be increased to cover design changes. Council Member Whatcott inquired why the contract was being extended a full year when completion of the project is scheduled within three weeks. Public Works Director Larry Bulloch responded that the overall scope of the entire construction project would require an additional year, but only a three week extension of the engineering work to be done under this particular contract. The City will realize a savings of over $400,000. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the change order as requested. Mayor McArthur called for a vote as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Mayor McArthur was excused from the meeting. St. George City Council Minutes May 17, 2001 Page Fifteen MAYOR PRO TEM: A motion was made by Council Member Whatcott and seconded by Council Member Allen to appoint Council Member Larry Gardner as Mayor Pro Tem for the remainder of the meeting. The City Council voted as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. MPO MEMORANDUM OF UNDERSTANDING: Consider approval of a memorandum of understanding for the Metropolitan Planning Organization in Washington County. City Manager Gary Esplin advised this issue had previously been discussed and approved in concept, but the County then decided their contribution would have to be in-kind. Council Member Whatcott questioned why the majority vote was being raised from four members to five. City Manager Gary Esplin responded inclusion of the County raised the board membership to eight, and five is the absolute majority of eight. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the memorandum of understanding as presented. Mayor Pro Tem Gardner called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. AGREEMENT AT AIRPORT/CAR RENTAL AGENCIES: Consider approval of an agreement with car rental agencies at the Municipal Airport for additional space. City Manager Gary Esplin explained the City’s cost would be $8,000 to add additional office space at the airport for the car rental agencies. Public Works Director Larry Bulloch advised the City would be able to rent the office space at $1,000 per month and would recoup its investment in eight months. Construction of the new airport is six to nine years away. He advised one of the offices could be left a shell until a renter is found which would result in a minimal cost to the City. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the agreement with the flexibility to relocate the renters and construct a shell office until a permanent tenant is found. Mayor Pro Tem Gardner called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. St. George City Council Minutes May 17, 2001 Page Sixteen CONTRACT TO PURCHASE PROPERTY: Consider approval of a contract to purchase .86 acres of property known and referred to as the Dike Area Navajo Detention Basin from the State of Utah School and Institutional Trust Lands Administration and authorize the Mayor to sign. City Manager Gary Esplin explained an agreement has been reached with SITLA to purchase property for a detention basin on the west side of Bloomington. Improvements already built on the site are worth more than the price of the property ($19,471). A motion was made by Council Member Orton and seconded by Council Member Allen to approve the contract as presented. Mayor Pro Tem Gardner called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. CONTRACT TO PURCHASE PROPERTY: Consider approval of a contract to purchase 1.93 acres of property approximately located at the intersection of Dixie Downs Road and the extension of 1800 North Street in the Dixie Downs area from the State of Utah School and Institutional Trust Lands Administration and authorize the Mayor to sign. City Manager Gary Esplin recommended the City purchase this property for a proposed future fire station site for the amount of $70,000. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the contract as presented. Mayor Pro Tem Gardner called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. REQUEST FOR BUILDING PERMIT: Consider a request for a building permit. City Manager Gary Esplin explained the City has received a request for a building permit from Ron Stout for property located on top of the mesa on the east side of the City. Deputy City Attorney Ron Read explained that Mr. Stout has been working with staff for six months to resolve water and power issues. Mr. Stout owns 47 acres in this vicinity and will break off 5.5 acres for his house located on the very northeast corner of the property, leaving everything to the south and west for future development. Issues remaining to be solved include concurrency issues, road access and improvements, and a required lot split. City Manager Gary Esplin explained the main issue is sewer service to the site. Mr. Stout replied he would install a septic tank. City staff informed Mr. Stout that at the time the property is subdivided and a second home built, sewer lines would have to be run and sewer service provided. St. George City Council Minutes May 17, 2001 Page Seventeen Mr. Stout explained it was his understanding that if a home is located so far away from sewer lines, it does not have to be connected to the system, no matter how many homes are built. City Manager Gary Esplin explained this was a concurrency issue, and any time property is subdivided, provisions of the Subdivision Ordinance must be met. If a home is built within a certain distance from a sewer trunkline, the home must be connected, but the City will work with Mr. Stout. Another concern is the road to the home. The road must be able to handle emergency vehicles and a hard surface will be required. Mr. Stout replied he would construct an all-weather road and gravel or chip seal it. City Manager Gary Esplin advised any approval could be made with the provision that the Fire Department approve the road. Deputy City Attorney Ron Read advised a written agreement has been worked out with the Water and Power Department which will have to be approved at a subsequent City Council meeting. Staff is happy with the agreement, but it does not deal with the road or concurrency issues. Mayor Pro Tem Gardner inquired if the line servicing Mr. Stout’s home would be sized to accommodate future growth. Deputy City Attorney Ron Read replied that the line runs through the road to where Mr. Stout thinks he will split his lot. The line to his home will not be upsized, but the line in the road will be sized for future development. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the building permit recognizing that any future development will require adherence to the Subdivision Ordinance. Mayor Pro Tem Gardner called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. RATIFY RESOLUTION: City Manager Gary Esplin explained that action was necessary to ratify a resolution adopting the City’s preliminary budget for fiscal year 2001-2002 which was considered at a previous meeting, but never voted upon. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution. Mayor Pro Tem Gardner called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. APPROVE MINUTES: Consider approval of the minutes of the City Council work meeting held April 25, 2001. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes. Mayor Pro Tem Gardner called for a vote, as follows: St. George City Council Minutes May 17, 2001 Page Eighteen Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. APPROVE MINUTES: Consider approval of the minutes of the regular City Council meeting held May 3, 2001. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minutes. Mayor Pro Tem Gardner called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. REQUEST TO PLACE BANNER: Council Member Allen advised she received a request from the Chamber of Commerce requesting permission to hang a banner at the fountain at the intersection of St. George Blvd. and Bluff Street advertising the Business Expo. It was the consensus of the City Council to approve placement of this banner. ADJOURN: A motion to adjourn was made by Council Member Whatcott and seconded by Mayor Pro Tem Gardner. Mayor Pro Tem Gardner called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. ________________________________ Gay Cragun, City Recorder