City Council Minutes

Thursday, May 3,2001



CITY OF ST. GEORGE CITY COUNCIL MEETING MINUTES May 3, 2001, 4:00 p.m. City Council Chambers PRESENT: Daniel D. McArthur, Mayor Ron Orton, Council Member Suzanne Allen, Council Member Sharon Isom, Council, Member Robert Whatcott, Council Member Larry Gardner, Council Member Gary Esplin, City Manager Jonathan Wright, City Attorney Miriam Palma, Deputy City Recorder CALL TO ORDER: Mayor McArthur called the meeting to order at 4:00 p.m. He welcomed those present and announced that Council Member Isom may be a little late. FLAG SALUTE AND INVOCATION: Mayor McArthur asked Council Member Orton to lead the flag salute and Gary Esplin to give the invocation. OTHER BUSINESS: Concert Walk Mayor McArthur acknowledged Julie Leidelrmeyer as a former City employer, now working for Dixie Regional Medical Center, and asked her to introduce the first item. Ms. Leidelmeyer, Josh Holmstead, Janet O’Reily and Marc Mortensen came to the podium to talk about the Concert Walk (formerly Walk on to Wellness). Ms. Leidelmeyer told Council Members they were there to invite everyone to join in the Concert Walk which is co-sponsored by the City of St. George and Dixie Regional Medical Center. She said the walk would be an easy three miles with single musicians and groups playing along the way and a Roc Dox concert at the end of the trail. She said the walk should take about 1 hour, as will the concert. The Concert Walk will be held on May 11 at 7:00 p.m. and will follow the river on the newly constructed Riverside Trail. Shirts and informational flyers were distributed to Council Members. Mayor McArthur encouraged all to attend and enjoy the music as well as the walk. Letter Carriers Annual Food Drive Mayor McArthur asked Lee Laird, Coordinator of the Letter Carriers Annual Food Drive, to come to the podium. Mr. Laird told Council Members that in Washington County last year 55,000 lbs. of food was collected by area letter carriers and given to the local Care and Share. This was enough to help15,000 families in the Washington County area. Across the nation 64,000,000 lbs. of food was gathered, making it the largest food drive in the world. This year the food drive will be May 11. He thanked the Church of Jesus Christ of Latter-day Saints for providing the food bags and Copy Cats for printing on them. He invited everyone to participate and make this year an even bigger success. Ralph Flanagan, Dixie Care and Share, expressed his appreciation for the work of the letter carriers and told Council Members that this is the major drive for them followed by the Boys Scouts and the Holiday Drive. Woodward Restoration Mayor McAthur asked Edna Mae Sampson to come to the podium and remind everyone about the Woodward Restoration fund. St. George City Council Minutes May 3, 2001 Page Two Ms. Sampson said that in the late 1800’s the citizens of St. George felt there needed to be a large, centrally-located school building. School Board officials opposed the building, but Sadie Blocker, mother-in-law of the late Karl Larsen, was insistent. She said they reminded her of "an old polygamist who wants a new wife, but only wants to add a new room on the back of the old house". She said the name of the building came from a gentleman by the name of Woodward who gave $3,600 to install a furnace in the building. She showed pictures of the first Woodward basketball team and the first teachers. The beautiful old building cost $35,000 to build and will cost $1.5 million to restore. She asked that citizens dig deep into their pockets and help them raise the last $500,000 needed to complete the restoration. By way of fund raisers, she said the Restoration Committee is selling signed, numbered prints of a picture of the building painted by Oliver Parsons for $100 each. They can be obtained by calling Pam at the Washington County School District. They will also hold a Variety show in June patterned on the old Minstrel shows that the Lion’s Club used to do. But, Ms. Sampson said the fund is in need of "big" money and asked Council Members to talk to their friends and anyone who could donate to the cause. REUSE CENTER CRUSHING PROJECT - BID OPENING Gary Esplin presented the bids received: Snowfield Rock Products $69,000 B. Wallis Industries $90,800 He asked Council to consider awarding a bid for a crushing project at the City’s Reuse Center to Snowfield Rock Products in the amount of $69,000. This project was rebid because staff did not advertise it as a demonstration as well as a crushing project. Staff recommends awarding the bid to the lowest bidder. Council Members asked why the project was rebid. Mr. Esplin told them that staff had concerns that if the bidders did not know it was to be a demonstration for the public, they may not have figured in the cost of noise and dust protection. Council asked Lyle Swaney if Mr. Wallis, of Wallis Industries, had been told of the rebid. Mr. Swaney said staff had a meeting with Mr. Wallis and at that time he withdrew his bid and agreed to submit another one. His second bid was higher. Council Member Gardner made a motion to award the bid for a crushing project at the City’s Reuse Center to Snowfield Rock Products in the amount of $69,000. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye PUMPS FOR GUNLOCK WELLS - BID OPENING Gary Esplin presented the bid received: Cutler Pump $38,454.84 Gardner Drilling $35,270 He asked that Council consider awarding a bid for pumps for the Gunlock Well project to Gardner Drilling in the amount of $35,270. He said the information in the packet was not correct. The Cutler bid was $38,454.84 and Gardner Drilling is $35,270 Council Member Whatcott made a motion to award a bid to Gardner Drilling in the amount of $35,270 to complete the pump system for Gunlock wells #9 and #10. Council Member Gardner seconded and the motion passed unanimously as follows: St. George City Council Minutes May 3, 2001 Page Three Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye BLANKET PURCHASE ORDER FOR CHEMICALS AND FERTILIZERS - BID OPENING Gary Esplin presented the bids received: Star Nursery No low bids, no 2nd low bids Green Resources 16 low bids, 11 2nd low bids Wilbur Ellis Co. 5 low bids, 5 2nd low bids Steve Regan Co. 5 low bids, 2 2nd low bids Helena Chemical Co. 11 low bids, 11 2nd low bids Intermountain Farmer 4 low bids, 2 2nd low bids He asked that Council consider awarding a bid for a blanket purchase order for chemicals and fertilizers to Green Resources and Helena Chemical Company in the amount of $125,000 each. Staff will be advised that there are two low bidders on this blanket order and they can use one or both. Council Members asked what the chemicals are for. Mr. Esplin said it is mainly for fertilizers and weed control. Council Member Orton made a motion to award the bid for a blanket purchase order for chemicals and fertilizers to Green Resources and Helena Chemical Company in the amount of $125,000 each. Council Member Isom seconded. Council Member Gardner asked if these bids met the local preference clause of the purchasing regulations. Mr. Esplin said he was sure they had because that is part of the bidding process. Mayor McArthur called for a vote on the motion. It passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye CHIP SEAL OIL - BID OPENING Gary Esplin presented the bids received: Asphalt Systems Inc. $116,356.05 Crown Asphalt $84,492 Gordon Paving $104,770.08 He asked that Council consider awarding a bid for a blanket purchase order for chip seal oil to Crown Asphalt for $84,492. Mr. Esplin told Council Members that this bid is substantially lower than the others and staff would like to test the oil to ensure it meets City Specifications. Council Member Orton made a motion to approve a bid for chip seal oil to Crown Asphalt in the amount of $84,492, subject to testing by staff to ensure the oil meets City specifications. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye St. George City Council Minutes May 3, 2001 Page Four Council Member Orton Aye Council Member Whatcott Aye RESOLUTIONS - CANYON TERRACE ABANDONMENT Gary Esplin asked Council to consider approval of a resolution abandoning an easement between lots 85 and 86 of Canyon Terrace, Phase 4. This abandonment will allow the owner to build a house on two lots. Staff has reviewed the request and recommends approval. Council Member Whatcott made a motion to approve a resolution abandoning an easement between lots 85 and 86 of Canyon Terrace, Phase 4. Council Member Gardner seconded and the motion passed unanimously with a roll call vote as follows. Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye STAFF REPORT Planning Commission Report from April 24, 2001 Mark Bradley, Associate City Planner, asked Council to consider setting a public hearing date of June 7, 2001 at 5:00 p.m. to hear the following items: 1. A request for approval of an amendment to the Zoning Ordinance regarding the parking standards for off-campus student housing, City of St. George, applicant. Council Member Allen made a motion to set a public hearing for June 7, 2001 at 5:00 p.m. to consider approval of an amendment to the Zoning Ordinance regarding the parking standards for off-campus student housing, City of St. George, applicant; Council Member Orton seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye 2. Reconsider approval of a zone change from R-1-10 to PD Commercial on 3.71 acres located at 1400 West and Snow Canyon Parkway, Allan Carter, applicant. This item was tabled by the Council on November 30, 2000. Council Member Orton made a motion to set a public hearing for June 7, 2001 at 5:00 p.m. to consider approval of a zone change from R-1-10 to PD Commercial on 3.71 acres located at 1400 West and Snow Canyon Parkway, Allan Carter, applicant. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Final Plat Mark Bradley asked Council to consider approval of the final plat for Slickrock Ridge IV with 59 single family lots located between 2200 and 2450 East on Riverside Drive located in an R-1-6 zone. He said that the sidewalk adjacent to the future City park along 240 South between lot 168 and 2200 East was waived by the City Council on March 1, 2001, Jeff Chapman, applicant. St. George City Council Minutes May 3, 2001 Page Five Council Member Gardner made a motion to approve a final plat for Slickrock Ridge IV with 59 single family lots located between 2200 and 2450 East on Riverside Drive located in an R-1-6 zone and authorize the Mayor to sign the plat. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit Renewal - Ted Warthen Hospice Center Mark Bradley asked Council to consider approval of a Conditional Use Permit renewal for the Ted Warthen Center at 2000 North and Tuweep Drive. The applicant’s Conditional Use Permit has expired and they are requesting an extension since construction has not yet begun. The request is for a hospice facility located in an R-1-10 zone. Alta Graham, agent. He indicated that the Planning Commission recommends approval. Council Members wondered why there had been such a delay in the building. Alta Graham said they were working with a volunteer architect who had been slow and when he did get the drawings done, they were for a house, not a hospice. They are now working with another architect and feel the project should be breaking ground within three months. Council Member Gardner made a motion to approve renewal of a Conditional Use Permit for the Ted Warthen Center at 2000 North Tuweep Drive for a hospice facility located in an R-1-10 zone. Council Member Orton seconded the motion and it passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit - Power Transmission Line Mark Bradley asked that Council consider approval of a Conditional Use Permit for a power transmission line running from 3000 East at about 1450 South and down the east side of the City to about 3100 South, then west to Little Valley Road. The line would follow Little Valley Road south to the Ft. Pierce Industrial Park at about 4130 South. At 4130 South the line would go west to River Road and then up River Road to Brigham Road with approximately 5.2 miles of line in the project. Dixie Escalate Rural Electric Association (DEREA), applicant. Planning Commission supports this application. He said that Utility transmission lines (69kv or larger) are a conditional use in an Agricultural zone and will require a Conditional Use Permit for a substation at a later date when the site is chosen along 4130 South. Council Members asked why they did not use the existing easement on the westside of the street. Mr. Bradley told Council that it was his understanding that if the line was built on the westside of the road, they would be dealing with "hot" lines which would put the linemen at more risk and they can make a connection faster on the eastside. Staff supports moving the easement because of a drainage ditch which would have to be covered, piped or moved, and the fact that the centerline in the road is further to the east and when the 80’ masterplanned road is built, very little extra right-of-way will be needed. Council Member Gardner asked if the easement on the eastside will replace the one on the westside or if they want to keep both. Mr. Bradley indicated they will just retain one. Mayor McArthur invited Steve Crosby, DEREA, to the podium to explain this application. Mr. Crosby said that the current lines are overloaded and badly need to be updated. He said they had originally planned to build in their easement, but after talking to staff about the future of the road, they felt putting the lines on the eastside would facilitate road alignment. St. George City Council Minutes May 3, 2001 Page Six Council Members wanted to know if they stayed in the westside easement, could they accomplish the same purpose. Mr. Crosby said they could, but the lines would have to be set hot which is more of a danger to the linemen and a greater cost to the company. Mayor McArthur asked if anyone was here tonight to talk about this issue. Virginia and Rod Starling came to the podium. They said they own the property on the southeast corner of 3000 East and the road going out to Warner Valley. They had been unable to attend the Planning Commission meeting due to family business, but would now like to speak to the issue. They indicated they bought this lot as a retirement place and intend to preserve the full 20 acres as a unit. They fear that putting the power lines on the eastside of the road will lower their property value as well as make it less appealing for them. They said the canal is a drainage ditch and does not carry irrigation water. They felt that as that area of the City develops that ditch will no longer be needed. When they bought the property they knew there was an easement on the westside, but not on their side of the road. Council Member Gardner told those present he felt there were two issues. Setting the lines hot and who would bear the cost of covering the ditch when the road is widened. Gary Esplin said the City does not have money budgeted to cover the ditch. Roger Bundy felt the ditch would have to remain where it is in the future because it is a low place for the entire valley. Gary Esplin said an 80’ road can be constructed without doing anything to the ditch if the lines are erected on the eastside of the road. Council Member Isom arrived during this discussion. Don Rawlins, another property owner in the area, said he was told the City would pipe the ditch. Mr. Esplin said the City was not interested in piping the ditch. Mr. Rawlins was adamant that he wanted to know if he would have to pipe the entire ditch if he developed his property. Mr. Esplin told him the City could not offer a lifetime guarantee, however, if he were to develop his property under the rules and regulations of today, if the power lines stay in the existing easement on the westside of the road he will have to pipe the entire ditch if he develops his property. If the lines are moved to the eastside of the road he would only be required to pipe the ditch on the frontage of his property. Mr. Rawlins seemed satisfied with that answer. The Starlings returned to the podium and reiterated that they felt that as the Washington Fields develop and it becomes less agricultural the ditch will no longer be needed and can be filled in for a minor cost compared to the amount needed to construct the road. They felt moving the power lines would be a great inconvenience to them and in the end would not save much time or money in later years. Council Member Orton asked what the difference in cost would be working with "hot" or "cold" wires. Russ Condie, REA Engineer, said the difference is a 50% increase when working with hot wires. The distance in contention is approximately one mile, which would cost $170,000 plus the 50% for working with hot wires, plus the safety factor. Council Members asked what the time table is for this project. Mr. Crosby indicated the materials are ordered and they hope to start by September 1, 2001. He said it is imperative that the lines be in by next summer. He said 10 property owners have signed easements for the eastside. They want the power. Council Member Allen asked about the feasibility of running the lines underground. Mr. Condie, said that the price would be $200/ft. as opposed to $20/ft. St. George City Council Minutes May 3, 2001 Page Seven Council Member Gardner asked if the Council could take a field trip to the area with a DEREA representative and the property owners. He felt it was hard to see the entire scope of the problem without looking at the actual site. He felt Mr. Bundy could point out City property lines as well. Council Member Orton asked Mr. Crosby if a two week delay would be a problem for the DEREA. Mr. Crosby said he would welcome a field trip, but since they would need a Conditional Use Permit for either side of the road, could that be approved at this meeting. Gary Esplin and Jonathan Wright both felt that could not be done because property owners near the westside easement had not been notified of the last public hearing and would need to be given time a chance to share their input. Mr. Esplin said he could schedule a regular meeting for next Thursday and the Council could go on their field trip prior to that time and then possibly take action at the 5:00 p.m. meeting. Council Member Gardner made a motion that a regular City Council meeting be scheduled for next Thursday, May 10, 2001, with a field trip to the area of 3000 East 1450 South scheduled prior to that meeting. Council Member Orton seconded the motion and it passed as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Nay Seeing that it was passed 5:00 p.m., Mayor McArthur asked Bob Nicholson to introduce the public hearings. PUBLIC HEARINGS Mr. Nicholson asked that Council consider approving an amendment to the Planned Development zone for the Stonecliff project at 2600 East 1450 South to make changes in the original layout of the project and increase the number of homes from 513 to 573. Density will increased from 1.33 to 1.47 units per acre. Gail Maxwell, agent for Kay Traveller, applicant. He called Council’s attention to three plat maps showing the intended changes. He showed them that the present plan has loop roads instead of small cul de sacs and that the smallest lot is now 10,000 sq. ft. He indicated that 1450 South is the collector road that serves the development and that the applicant would need to make improvements concurrently with development. Gail Maxwell, agent for the applicant, said they are planning on developing 1450 South with the next phase of the subdivision. Mr. Nicholson indicated that the other issue is a small portion of property not finished to the edge of the recorded plat that would need to be taken care. If the applicant agrees to complete those items, the Planning Commission recommended approval. Gary Esplin said that staff had been having an ongoing dialogue with the applicant about the improvements on 1450 South. Staff may want the applicant to wait to work on 1450 South until the City can finish its portion of the road, for safety reasons. Mr. Maxwell indicated that the reason the one piece of property from phase I had not been completed was because Mr. Traveller and Mr. Dobson had dissolved their partnership and Mr. Dobson got that piece of property in the division. Mr. Traveller thought it would be Mr. Dobson’s responsibility to finish the work there. He said Lon Henderson would speak to Mr. Dobson and ensure that he understands this. Mr. Maxwell told Council that the difference between this and the original plat is that before there was 50,000 sq. ft. of open space and now there is 226,000 sq. ft. or an additional 135,000 sq ft. They have not decided exactly what the St. George City Council Minutes May 3, 2001 Page Eight open space will be, but they realize there are a lot of families moving into the subdivision and they will need places to play. Council Member Whatcott asked if all the open space is buildable. Mr. Maxwell said much of it is, but admitted much of it is not. Mayor McArthur, hearing no further questions from Council, declared the Public Hearing open and asked anyone who had come to speak to this issue to come forward. Ed Udiss, 2293 East Stonefield, came to the podium. He indicated he represented many neighborhood members who could not be in attendance tonight. He first complimented Mr. Traveller on the beautiful job he has done on this development and said that the neighbors do not want to criticize Mr. Traveller or oppose the density changes, but they do feel the need to request that Council help them get some say in how the open space is developed and where it is located in the subdivision. He said they cannot send their children to the park because it would require that they cross 1450 South which is too busy for children to cross alone. He said no one anticipated that this would be such a good area for families to buy a house, but there are many children there now and with the smaller lots and homes being built, he felt the number of children would increase. He said his mission tonight was to get Council to include some language in their motion allowing the residents to have a say in the development of the open space. Council Member Orton asked if there was a playground before the master plan change. Mr. Udiss said there was not, but the nature of the subdivision had changed and needs are different now. Mayor McArthur asked if there was a home owners association. Mr. Udiss said they do have one. He asked if the neighborhood was aware that a park was being planned near the Jensen subdivision which would be within ? miles of their homes. He sympathizes with their feelings, but felt that in a private subdivision, the home owners association and the developer need to work out their problems. Gail Maxwell asked that the neighbors judge them by what they have done to this point and trust that they too are interested in providing play space for the children. Mr. Udiss said they do trust Mr. Traveller, but wonder what would happen if he were to leave or sell out before the project is complete. Council Member Gardner asked Mr. Maxwell if they would be willing to commit to giving the home owners association now. Council Member Whatcott asked if they could space the open spaced more equally around the property. Mr. Udiss said a lot of the open space is not green space and they are looking for green space. Council Member Whatcott questioned whether or not, as this is an amended PD zone, Council could choose an area and require that a park be built and that the home owners association pay for it . Mayor McArthur asked if there were any more comments. Hearing none, he declared the Public Hearing closed. Council Member Allen asked Mr. Henderson if it was necessary to set a time limit on the work that needs to be complete. Mr. Henderson felt it would be difficult to set down a time limit, but he felt the documents are detailed enough that it will be finished one way or another. Mr. Nicholson said this is part of Phase I and he felt whoever recorded the plat was responsible for the work. Mr. Esplin thought there should be an improvement bond also. St. George City Council Minutes May 3, 2001 Page Nine Mr. Maxwell said they have time to work out the agreement because everything else is either on schedule or ahead of schedule. Council Member Isom made a motion to approve, by ordinance, the Planned Development zone for the Stonecliff project at 2600 East 1450 South to make changes in the original layout of the project and increase the number of homes from 513 to 573. Gail Maxwell, agent for Kay Traveller, applicant and, unless the developer and home owners association can come to an agreement over where there should be green spaces for the children to play upon, to designate, by ordinance, the lot west of #116 and East of #512 as a park. Council Member Allen seconded and the motion carried by roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit - Student Housing Project Mark Bradley asked that Council consider approval of a Conditional Use Permit for a student housing project (Campus Villas) consisting of three triplex buildings with 9 units to be located on the north side of Tabernacle Street between 800 and 900 East. Dan Forsyth, applicant. Mr. Bradley told Council Members that the applicant’s request is to allow a student housing project within 1500 feet of Dixie State College in a C-3 zone. He said this item was tabled from the previous Planning Commission meeting, held on April 10, 2001, at the request of the applicant’s representatives because of issues revolving around parking spaces and occupancy standards. The original request was for three four-plex buildings with 12 units. The applicant adjusted the site plan to allow one parking space per student/occupant to comply with the pending parking standard ordinance, which ordinance will be heard on June 7, 2001 as a public hearing. This plan will also comply with the occupancy ordinance of 4 unrelated persons per unit. The applicant also switched locations of the parking lot with the building and agreed to install double-pane windows and additional insulation to comply with the requests of adjacent property owners in an effort to reduce noise. He said the Planning Commission recommends approval of the Conditional Use Permit with the foregoing modifications. Mayor McArthur declared a conflict because his business is a neighbor of the property in question. Council Member Whatcott expressed appreciation for the expanded parking and asked Mr. Forsyth if this housing will be for college students only. Mr. Forsyth said it would be. He indicated he has a waiting list now and he has not begun construction. Council Members asked what would happen if the day came when he could not fill the apartments with college students. Mr. Esplin suggested including an annual review of the conditional use permit to ensure it was being used for the designated use. Council Member Whatcott made a motion to approve a Conditional Use Permit for student housing only at Campus Villa with the stipulations that the applicant flip-flop the locations of the parking lot and the building, and install double-pane windows and additional insulation, and submit to an annual certification to ensure only students are housed in the complex. Council Member Allen seconded. Council Member Gardner expressed his concern about surrendering any commercially designated property for housing purposes. Council Women Allen said she also had doubts, but now felt the apartments fit well in the area. St. George City Council Minutes May 3, 2001 Page Ten Mayor McArthur expressed similar feelings as Council Member Gardner, that valuable commercial property may be wasted. Jonathan Wright reminded Council Members that there are certain conditional uses designed in the Zoning Ordinance and if they do not want to see residential in a commercial zone, perhaps they need to change the conditional uses permitted in C-3 zones. McArthur called for a vote on the motion. The motion passed as follows: Council Member Gardner Nay Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Mark Bradley expressed his opinion that with the continued growth of the college with I-15 on one side and residential on other side, this will be a good compromise to be able to provide housing. Site Plan and Building Elevation - Doctor’s Free Clinic Mark Bradley asked that Council consider approval of a site plan and building elevation for the Doctor’s Free Clinic to be located west of the Post Office on Riverside Drive. Dan Steurer, representing the Rulon Cox family, applicant. Mr. Bradley told Council Members that the facade of the building will be of cultured stone and stucco and the roof will be of tile. The original plan showed a building footprint in this vicinity, but no elevations were provided at the time. Staff also needed time to ensure that the building would not be in the floodplain. Looking at the building elevation, the Council was dismayed at the colors portrayed. Dan Stewart, of the Home Builders Association, assured the Council that the color was not reflective of how the building would be painted. He said it will be more sand colored and will not have a red roof. He will submit color changes at a later date. Council Members agreed that this facility is needed and will be a good thing for the community. Council Member Gardner said that although he would prefer to keep Riverside Drive open space, he felt it was very generous of the Coxes to have donated the land. He made a motion to approval the site plan and building elevation for the Doctor’s Free Clinic to be located west of the Post Office on Riverside Drive. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Council Members discussed whether fees could be waived as long as the facility remains in the same use. Mr. Esplin said they could not discuss that until it was heard at a public hearing. Fee Waiver and Overnight Use of Tonaquint Park - Dixie Amateur Radio Club Gary Esplin asked that Council consider approval of a fee waiver and overnight use of Tonaquint Park for the Dixie Amateur Radio Club on June 23 and 24, 2001. He told Council Members that this group annually donates 24 hour use of their radio system to coordinate efforts in case of an emergency. In the past they have asked to use Worthen Park for this event, but this year would like to change the venue to Tonaquint Park. St. George City Council Minutes May 3, 2001 Page Eleven Council Member Isom made a motion to approval a fee waiver and overnight use of Tonaquint Park for the Dixie Amateur Radio Club on June 23 and 24, 2001. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye 72-Hour Liquor Permit - Outdoor Writers’ Guild Gary Esplin asked Council to consider approval of a 72-hour liquor permit for the Outdoor Writers’ Guild at the Dixie Center on June 1-6, 2001. He said this is a major national convention. Council Member Whatcott made a motion to approve a 72-hour liquor permit for the Outdoor Writers’ Guild at the Dixie Center on June 1-6, 2001. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Beer License - Tri-Valley Distributing Gary Esplin asked Council to consider approval of a beer license for Tri-Valley Distributing located at 141 Brigham Road. He said this license did not get changed to the new owner’s name. They paid it the first year, but not the second. The applicant is willing to pay for last year and this year if the license is approved. There is no problem with the license, especially as it is not a new license. Tri-Valley has several beer licenses in the City already. Council Member Isom made a motion to approve a beer license for Tri-Valley Distributing located at 141 Brigham Road. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye. Professional Services Agreement - R.W. Beck Gary Esplin asked Council to consider approval of a professional services agreement in the amount of $51,500 with R.W. Beck for strategic planning for the Water and Power Department. The Water and Power Board recommends approval of this study. They feel that with deregulation and the energy crisis, we need to get an outside opinion to validate our study. Council Member Allen made a motion to approve a professional services agreement in the amount of $51,500 with R.W. Beck for strategic planning for the Water and Power Department. The motion was seconded by Council Member Isom. Council Members were uneasy spending more money on studies and asked how this one would be different or why it was needed. Mr. McArthur told Council Members that this study will go beyond the rate study just done. It will study the City’s position in the market and analyze how it does business. It will give the City information on whether it should get into new areas of service or divest itself of existing services, organization and location of the existing Department, what services the City should St. George City Council Minutes May 3, 2001 Page Twelve provide and what should be contracted by the local sector. It will also look at wind and sun power generation. Mr. McArthur said we may have known the answers years ago, but everything is changing at a rapid pace. The City does not have the expertise to do this type of study, because it does not deal with these issues on a national level. He said this will give the City a cross check on its direction. Mr. Esplin told Council that the study is set up in five parts and it can be closed at the end of any of the sections, if necessary. Hearing no further comments or questions, Mayor McArthur asked for a vote on the previous motion. It passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye. Water Rights Purchases Gary Esplin asked that Council consider approval of agreements between the City and B. Don Taylor II and Lynette C. Taylor, the City and B. Don Taylor and the City and ERO Construction Company for the purchase of water rights. The proposed purchase price is $500 per acre foot. It is City policy to purchase water whenever possible. Council Member Isom reminded Jonathan Wright that the laws regarding Quit Claim Deeds have changed significantly and offered to obtain the new forms for the Legal Department. Council Members then asked if they could make one motion for all the purchases. The were informed by Mr. Wright that they could, but would need to cite each purchase by name. Council Member Gardner made a motion to approve a agreement between the City and B. Don Taylor II and Lynette C. Taylor, the City and B. Don Taylor and the City and ERO Construction Company to purchase water rights. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye. Fiscal Year 2001/2002 Budget Gary Esplin distributed three-ring binders containing the proposed 2001-02 budget to meet state law. He said the total budget was approximately $105,000,000. He reported that the budget is balanced and no tax increases are necessary. There are 28 different funds and 60 different budgets. He asked for a resolution to approve the preliminary St George City Budget for 2001-02. Mr. Esplin suggested that public hearings be scheduled for June 7, 2001 and June 21, 2001 to consider the budget, and for final adoption on June 21, 2001. Council Woman Isom made a motion to approve the preliminary 2001-01 budget and set the public hearings as recommended. The motion was seconded by Councilmember Allen. No vote was taken. Council Member Isom said she would like the Council to go to the Holiday Inn and spend some time sequestered and get it done. The date was set for Tuesday, May 15, 2001 from 7:00-9:00 a.m. Gary Esplin will make the arrangements. Council Member Orton asked to be excused at this point. St. George City Council Minutes May 3, 2001 Page Thirteen OTHER BUSINESS Council Member Whatcott asked Wayne McArthur to clarify the discussion which was held last Council meeting regarding the power cost adjustment. Mr. McArthur assured Council Members that everyone would be paying their fair share. He said that there are some small businesses that will not see a large increase because they now pay more than the other users. Otherwise, everyone will be involved in the 50% power rate increase this summer. He said if everyone can save 15% on their water usage, the bottom line on their bill will be less than the increase. He told Council Members that Loren Webb is writing an article to clarify any misunderstandings the public may have had and the Chamber of Commerce will help in the education process also. LIONS CLUB REQUEST Gary Esplin told Council Members that the Lion’s Club had requested a waiver of fees for a golf tournament to be held at the Red Hills Golf Course on May 24 to benefit charity. He said that this is for a great cause, but historically the City has not waived fees at the golf courses. He also said that given the circumstances with regard to golf revenues, he did not feel it would be a good idea. He suggested that the City could possibly waive the fees for an after-dark game. Council Member Whatcott made a motion thanking the Lion’s for their generosity to the community, but denying the green fee wavier for a golf tournament to be held at the Red Hills Golf Course on May 24, unless they would like to play after dark. Council Member Isom seconded the motion and it passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Whatcott Aye MINUTES Mayor McArthur called for a review of the April, 2001 minutes. Council Member Gardner called attention to page 5 lines 7-11. He wondered if the minutes correctly reflected the conclusion of the loan discussion. He ask that the following be added to that section: "Larry Bulloch will get the necessary numbers and meet with Council at a future date." Hearing no further comments, Mayor McArthur called for a review of the April 19, 2001 minutes. Council Member Whatcott asked that on Page 2, line 17 be change to read that ". . . those generators will more than pay for the fuel used." Council Member Gardner said that on Page 8, line 47 the following be removed from the motion. ". . . with the provisions that the project be reassessed in one year and that water samples be taken, if possible, to ensure that the operation is not affecting the group water." He said the motion did not include the testing of water. Council Member Whatcott said on Page 8, line 40, the word "bought" should be changed to "rented". Council Member Gardner - Page 11, line 22, should be Marc "Mortensen" not Marc Morensen". On Page 12, line 15 Council Member Whatcott said he made the motion, not Council Member Orton. On Page 15, line 26 and 27, remove the sentence which says Merrick Young Construction was the apparent low bidder. Council Member Whatcott said the contractor was never identified. St. George City Council Minutes May 3, 2001 Page Fourteen Council Member Isom made a motion to accept the minutes of the April12, 2001 and April 19, 2001 meetings with the changes as outlined. Council Member Gardner seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Whatcott Aye EXECUTIVE SESSION Council Member Isom made a motion at 7:50 p.m. to move to executive session. Council Member Allen seconded the motion and it passed by roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Whatcott Aye The meeting adjourned following executive session. _________________________________ Miriam Palma, Deputy City Recorder