City Council Minutes

Thursday, September 13,2001



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 13, 2001, 4:00 p.m. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Council Member Sharon Isom Council Member Rod Orton Council Member Suzanne Allen Council Member Bob Whatcott City Manager Gary Esplin Deputy City Attorney Ron Read City Recorder Gay Cragun EXCUSED: Council Member Larry Gardner City Attorney Jonathan Wright CALL TO ORDER: Mayor McArthur called the meeting to order and welcomed all in attendance. The invocation was offered by David Clark and the pledge of allegiance was led by Gay Cragun. Mayor McArthur advised that because of the recent acts of terrorism in New York City and Washington D.C., all civilian airports remain closed. St. George has submitted a new security plan for its municipal airport to the FAA and it has been accepted and is being implemented. All vehicles have to be moved more than 300’ away from the terminal and barricades have been provided. UPDATE ON REDISTRICTING: State Representative Dave Clark presented the latest information on efforts to redistrict the State of Utah. He then presented the two plans, one for three seats and the other a contingent plan with four seats. The Republican House has accepted the plan, however, there may still be minor adjustments to the plans. CONSENT CALENDAR: Consider approval of the financial statement for July, 2001. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the financial statement as presented. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Ortom - aye Council Member Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of a professional service contract for testing services for the 3050 East improvement project. Purchasing Agent Sue Swensen recommended a professional services contract with Landmark Testing in the amount of $11,581.50 for this project. A motion was made by Council Member Isom and seconded by Council Member Allen to approve a professional services agreement with Landmark Testing in the amount of $11,581.50 for this project. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye St. George City Council Minutes September 13, 2001 Page Two The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of hydrants and adapters for the Water Department. Purchasing Agenct Sue Swensen presented the bids received: Scholzen Products $65,140 Plumbers Supply No bid She recommended award to Scholzen Products in the amount of $65,140. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Scholzen Products in the amount of $65,140. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for purchase of tri-plex mowers for the softball complex. Purchasing Agent Sue Swensen presented the bids received: Rocky Mountain Turf $30,450 Turf Equipment $40,538 Nucrane Equipment No bid She recommended award to the low bidder, Rocky Mountain Turf, in the amount of $30,450. A motion was made by Council Member Isom and seconded by Council Member Whatcott to award the bid to Rocky Mountain Turf in the amount of $30,450. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the remodel project at the St. George Airport terminal. Purchasing Agent Sue Swensen presented the bids as follows: Commercial Design & Construction $36,900 Bateman-Hall $36,000 A&S Construction $52,655 Arnell West Construction $31,500 Sean Hawes Construction $39,869 She advised that the architect=s estimate was $32,840. She recommended award to the low bidder, Arnell West Construction, in the amount of $31,500, with completion within 30 days. St. George City Council Minutes September 13, 2001 Page Three A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to the low bidder, Arnell West Construction, in the amount of $31,500. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - 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 construction of improvements in Special Improvement District 99-1 (Ivins sewer outfall line and Dixie Drive alignment). Purchasing Agent Sue Swensen presented the bids received as follows: Quality Excavation $2,395,000 Interstate Rock $3,092,830.50 Condie Construction $3,931,346.99 She advised that Condie=s bid was adjusted to $3,897,687.67. She recommended award to the low bidder, Quality Excavation, in the amount of $2,395,000. City Manager Gary Esplin commented that Interstate Rock submitted a letter of protest alleging that Quality=s bid did not meet DBE enterprise requirements, as required when federal funds are used. The City contacted the State who advised that the City does not have to meet the program goals because there is no federal funding. The State made an error in requiring DBE and MBE goals to be included in bids and allowed that requirement to be removed. The City then requested an addendum and notified the three bidders to eliminate any amounts included in their bids to meet MBE and DBE goals. Quality is still the low bid, and staff=s recommendation is to award the bid to Quality in the amount of $2,395,000. A motion was made by Council Member Allen and seconded by Council Member Whatcott to award the bid to Quality Excavation in the amount of $2,395,000. Council Member Whatcott inquired if the bid included irrigation ditch restoration. Regional Wastewater Manager Barry Barnum replied that the bid did not include irrigation ditch restoration or the irrigation pipeline, which will lower Quality=s bid to $2,030,007.50. City Manager Gary Esplin commented that when the water reuse project is approved, the roadway will have to be dug up to install the line, and the City may want to consider including the line in this project. However, funds have not yet been released for the project and it could be as much as a year away. Additionally, the Water Department does not have the funds at this time to front the cost. Mr. Esplin stated that if the road is not paved all the way it will not be too great a problem to install the line, but it will cost more as time goes on. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 13, 2001 Page Four ORDINANCE TO VACATE PORTION F PLAT: Consider approval of an ordinance vacating a portion of the Red Hills Villas amended plat; specifically, vacating Lot 8 from said plat. City Manager Gary Esplin advised that staff approved the vacation of the lot from the plat, but only the City Council has authority to approve an ordinance doing so. A motion was made by Council Member Allen and seconded by Council Member Isom to approve an ordinance vacating Lot 8 from the Red Hills Villas Amended plat as requested. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. ORDINANCE AMENDING ZONING ORDINANCE: Consider approval of a proposed amendment to the Zoning Ordinance regarding special provisions for sales lots for automobiles, RVs, boats, trailers, and similar vehicles. City Manager Gary Esplin explained that the City Council previously gave staff instruction to make revisions to the ordinance previously presented to the Council for review. He advised the proposed ordinance clarifies improvements which must be made to the site, such as a permanent sales office, landscaping, etc. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution authorizing an amendment to Airport Improvement Program Project No. 3-49-0060-01 for the St. George Replacement Airport. City Manager Gary Esplin advised this item involved a minor adjustment to the grant to allow the City to recapture minor grant money in the amount of $2,400 and use it for the new replacement airport. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the amendment by resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 28, 2001, recommended that public hearings be scheduled for October 4, 2001 at 5:00 p.m. to consider the following items: St. George City Council Minutes September 13, 2001 Page Five (1) A zone change from PD Residential to R-1-8 for property located south of Sandstone Shadows and east of Valley View Drive on 9-13 acres. Nate Blake, applicant. (2) A zone change from C-3 and R-1-10 to PD Commercial for an expansion of the Deseret Industries Store on the southeast corner of 2450 East and Red Cliffs Drive. Dennis Patten, agent for the LDS Church. 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 Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 28, 2001, recommended approval of the preliminary plat for Bedrock Townhomes subject to the following conditions: (1) The plat is shown with the roundabout unless the applicant can prove that it is not necessary. If removed upon staff=s approval, it is deemed to not be a significant change. (2) The 25’ front setback area is to be landscaped per ordinance requirements. Kevin Neuberger, representing Pope Engineering, advised the pond was not an engineering concern, and the dike will have to be moved only about 30’. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the preliminary plat subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - 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 Valor Hall, a private elementary school in an R-3 zone at 631 South 1100 East. Richard Downer, applicant. Associate Planner Mark Bradley advised that the site was previously used for a Montessori school, and the applicant proposes an addition to the present building to create a total of seven classrooms. The school will have ten faculty members and 12 students per classroom. The Planning Commission, at their meeting held August 28, 2001 recommended approval subject to the following conditions: (1) Meeting all the required conditions for occupying the building, such as meeting code, inspections, improvements, etc. (2) Removing the trailer from the Green Valley location. Mr. Bradley advised that the trailer had already been removed from the Green Valley location. St. George City Council Minutes September 13, 2001 Page Six A motion was made by Council Member Orton and seconded by Council Member Isom to approve the conditional use permit subject to the recommendations of the Planning Commission. Richard Downer, applicant, inquired if a variance could be given for their sign. Deputy City Attorney Ron Read advised Mr. Downer that the Sign Board has an appeal process for minor variations, and if his request is denied there, he could then petition the Board of Adjustments for a variance. However, requirements for a variance are stringent and Mr. Downer=s request would not qualify for a variance. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 11, 2001, recommended approval of the preliminary plat for Desert Sands Townhomes at Painted Desert subject to the following conditions: (1) Completion of a drainage and meander study (2) The overall PD density of the project not to exceed four dwelling units per acre; (3) The recreation area is to be recalculated (referring to front setback area not being included in the calculation) to determine whether it meets the requirements of the ordinance. Vince Clayton, agent, advised the recreation area had not yet been recalculated, and if any oversights exist, they will be corrected. The meander and drainage studied will be done next Tuesday. Council Member Whatcott questioned why the density appeared to increase. Mr. Clayton responded that the original plat contained twinhomes, but they have now been eliminated and replaced with single family homes. The original calculation was done for the entire parcel of property, but in reality it now is lower than on the original plat, not higher. Kevin Neuberger, Pope Engineering, advised the original plat contained 235 units, but there now are only 222. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the preliminary plat subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. PRELIMINARY AND FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 11, 2001, recommended approval of the preliminary and final plats for Huntington at Stonebridge Phase 2. St. George City Council Minutes September 13, 2001 Page Seven A motion was made by Council Member Isom and seconded by Council Member Orton to approve the preliminary and final plats and authorize the Mayor to sign the final plat. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 11, 2001, recommended approval of a lot split located on the southwest corner of Main Street and Hope Street subject to the utilities and drainage easements being dedicated to the City. Jim Thorley, applicant. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the lot split as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 11, 2001, recommended approval of a hillside development permit for property located north of St. George Blvd. on 700 East Street for a decorative rock and landscape business subject to the following conditions: (1) The Hillside Review Board=s recommendation to plant vegetation, specifically 24" oak (box) trees every 30 feet along the hillside between the cut and the storage bins; and (2) The area within the 22’ of Open Space subject to a zone change approval. Doug Holt is the applicant. The northern 22 feet of the property is zoned Open Space, with the remaining property zoned C-3. Mayor McArthur questioned whether this type of business was suitable along St. George Blvd. Council Member Whatcott agreed with Mayor McArthur. Mr. Bradley advised the use is allowed in a C-3 zone. Mayor McArthur commented there is only one way in and out, which could be a safety issue. Deputy City Attorney Ron Read advised if the applicant can meet all the requirements of the ordinance, he could proceed even without City Council approval if he doesn=t use the 22’ of Open Space. Mayor McArthur inquired of Mr. Holt how many trucks a day would be using the site and how large they would be. Mr. Holt responded that he had another site for large commercial uses, and this site will primarily be for residential pick-up. Semi-trucks and big dump trucks will be used. St. George City Council Minutes September 13, 2001 Page Eight City Manager Gary Esplin suggested that perhaps the City had outgrown its C-3 zoning requirements, and as the master plan is being reviewed, certain uses should be precluded along Sunset Blvd. and St. George Blvd. due to traffic volumes. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the hillside development permit. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 11, 2001, recommended approval of a hillside development permit for property located south of the St. George Motor Cars building at 543 No. Bluff to expand the existing car lot and build a service and repair shop. The Hillside Review Board also recommends approval. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the hillside development permit as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - 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 conversion of an existing commercial property at 33 North 400 East to an auto brokers business. Bill Hobson, agent for Tracy Rucci. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 11, 2001, recommended approval on a four to two vote subject to compliance with the pending ordinance concerning automobile sales, a monument sign as proposed and shown at the Planning Commission meeting not to exceed 7 feet in height, lighting to comply with Section 6-7 of the Zoning Ordinance, and the driveway to be extended to at least 25 feet. Bill Hobson, agent for the applicant, advised the applicant is willing to comply with the recommendations of the Planning Commission. Barry Burnett, owner of the private drive, expressed concern that the drive, which is used extensively by the public, would become a safety issue if used as a sidewalk. He advised that he requested the Planning Commission to require a fence along the drive, but if not a fence, at least curb and sidewalk. Mr. Hobson advised his applicant will have more than adequate parking on site. Mayor McArthur inquired about drainage issues. Deputy City Attorney Ron Read advised that the City Council may impose any conditions as part of the conditional use permit. Community Development Director Bob Nicholson advised that the final site plan had not yet been thoroughly scrutinized, but drainage and other details could be worked out at that point. He deferred to City Council=s judgment whether a fence should be required. St. George City Council Minutes September 13, 2001 Page Nine Mr. Burnett advised that at present the drainage goes down the street and not into the parking lot, and that safety was a greater concern. Mayor McArthur commented that if any conditions were going to be placed on the conditional use permit, now would be the time. Associate Planner Mark Bradley suggested that a landscape strip placed along the private drive would serve to soften the area as well as catch any drainage. He recommended a 4’ wide strip. A motion to approve the conditional use permit subject to the recommendations of the Planning Commission and with at least 4’ of landscaping along the private drive to the north was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for an increased height of a garage to 24’ located at 1287 West Bloomington Drive South #1. Dan Steurer, agent for Steve Davis. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 11, 2001 recommended approval of the conditional use permit subject to a lot line adjustment and zone change approval. Mr. Bradley clarified that the height needed was 22’, not 24’. Council Member Isom inquired if the garage met the applicable CC&Rs. Deputy City Attorney Ron Read replied that in general the homeowner associations usually let the City know if the change meets applicable CC&Rs, but in this case the City did not know. It was decided to delay this discussion until the zone change was discussed. A motion to table the request was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider a request for an amended PD Planned Development Commercial zone for the new IHC Dixie Regional Hospital to be located on the northeast corner of Foremaster Drive and River Road. Also consider approval of an increased height allowance of up to 96’ to the highest point. John Pike, agent. Community Development Director Bob Nicholson advised the new hospital will be located on a 60 acre site. He then displayed the site plan. The Planning Commission recommended approval. Council Member Allen declared a conflict of interest because she sits on the Foundation Board, but advised she would still vote. St. George City Council Minutes September 13, 2001 Page Ten Council Member Orton declared a conflict of interest because he sits on the Governing Board, but advised he would still vote. City Manager Gary Esplin declared a conflict of interest because he sits on the governing board. Steve Wilson, DRMC Administrator, advised the project will consist of three buildings integrated to work as one. The bed tower will be connected to the other buildings through use of a concourse. He then reviewed the site plan with the Mayor and City Council. 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 Isom and seconded by Council Member Orton to amend the PD Commercial zone as requested, and allow a height of 96’ to the highest point. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Steve Wilson announced that the groundbreaking ceremony would be held Thursday, September 20 at 5:30 p.m. on site. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-2 Duplex Residential to PD Planned Development Commercial for a parking lot for the proposed Southern Utah Mental Health facility west of 400 West and north of the former BLM equipment yard on 200 North. Kevin Flowers, applicant. Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the zone change subject to the provision that there be no access to 400 West at this time. Mayor McArthur opened the public hearing. Mr. Nicholson advised that the ordinance requires a 6’ solid wall. There is already a wall on one side, and the developer will have to construct a wall on any other side abutting a residence. Hyland Kirkland advised that he represented Jessie and Leon Schmutz who stipulated to the PD subject to a solid wall being constructed completely around the area. They also requested that any lighting be hooded and shine down directly into the parking lot, and not into neighboring properties. There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the zone change subject to the stipulations of the Planning Commission, that any lighting be hooded, and meeting all zoning requirements. Community Development Director Bob Nicholson advised that a solid wall could be a wooden fence, but masonry walls are encouraged. Council Member Allen commented that a 6’ masonry wall was discussed in Planning Commission meeting. St. George City Council Minutes September 13, 2001 Page Eleven It was the consensus of Council Member Isom and Council Member Whatcott to amend their motion to include the requirement of a 6’ masonry wall. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-8 Single Family Residential to PD Planned Development for two separate residential assisted living facility buildings with 12 beds each for a total of 24 beds and 12 detached dwelling units to be located on Tonaquint Drive and Mesa Palms Drive. Gerry Brown, applicant. Community Development Director Bob Nicholson reviewed the site plan and elevation drawings with the Mayor and Council. Mayor McArthur and Council Member Whatcott left the stand. Mr. Nicholson advised that each building will have 12 bedrooms, with the remainder of the property likely becoming a townhome development. The Planning Commission recommended approval. Mayor Pro Tem Isom opened the public hearing. There being no public comment, she closed the public hearing. Mayor McArthur and Council Member Whatcott returned to the stand. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the zone change as requested. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - abstained The motion carried. PUBLIC HEARING/AMEND PD COMMERCIAL ZONE/ORDINANCE: Public hearing to consider an amended PD Planned Development Commercial zone for a plant nursery to be located west of the cemetery on Dixie Drive. Lilywhite Plant World, applicant. City Manager Gary Esplin advised the applicant requested the matter be continued until the next City Council meeting. Mayor McArthur opened the public hearing. Rob Reed of Rosenberg & Associates, representing the applicant, advised the applicants are out of town. He explained that this project includes 1000’ of frontage which will have to be improved with full road improvements, and if a water line is to be installed, it should be dealt with now as this property develops. City Manager Gary Esplin advised the City will pursue this with other participants in the reuse program to see if some of the line could be laid as development of the applicant=s property takes place. St. George City Council Minutes September 13, 2001 Page Twelve A motion was made by Council Member Isom and seconded by Council Member Allen to continue the public hearing until September 27, 2001. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance for yards to be unobstructed, exceptions of Chapter 3, supplementary and qualifying regulations regarding detached storage sheds. City of St. George initiated. Community Development Director Bob Nicholson advised there are many existing storage sheds in the City which do not meet ordinance requirements. It is proposed the ordinance be amended to allow storage sheds up to a maximum of 120 sq. ft. to be located within 10 feet of a dwelling where a 10 foot separation is not feasible due to the width of the rear yard, and providing all other conditions are complied with. Detached storage sheds shall not be located in the sideyard setback if locating them in the rear yard is feasible. Council Member Isom inquired if language was needed to make sure the Fire Department could have access in case of an emergency. Mr. Nicholson replied that the ordinance amendment had been reviewed by the Fire Department. Associate Planner Mark Bradley advised that the Fire Department did not have any concerns about the ordinance amendment, because in case of en emergency they would simply tear out the storage shed to gain access. Deputy City Attorney Ron Read advised that even owners of existing non-conforming storage sheds will have to come in for site plan review, as they are not grandfathered in. At this point they will be told about drainage requirements and other requirements they must meet. 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 Council Member Orton and seconded by Council Member Allen to approve the ordinance amendment as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. APPROVAL OF 3.5’ FENCE: Consider approval of a 32= fence along the boundary of Stone Point Patio Homes and Shadow Mountain Park. Jed Hafen/Mans Jennings, applicants. City Manager Gary Esplin advised that as the Stone Point Patio Homes development, a 6’ wall should have been placed between the park and the development. However, a petition signed by a majority of the property owners within Stone Point indicates they do not want their view of the park blocked. A compromise agreement has been worked out for a 3.5’ wall. St. George City Council Minutes September 13, 2001 Page Thirteen Council Member Allen left the stand. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the request. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye The vote was unanimous and the motion carried. Council Member Allen returned to the stand. REALLOCATION OF IMPACT FEE DEFERRALS: Consider a reallocation of impact fee deferrals for 2001 and revised program guidelines under the Affordable Housing Program. Community Development Director Bob Nicholson explained that the City has a program wherein it can defer up to 60 impact fees per year for affordable housing units. Applications are submitted the first of each year, and the Affordable Housing Committee then makes a recommendation to the City Council on their disbursement. This year the Fountain Heights apartment project was awarded 15 deferrals, and they are now requesting an additional 35. Also, on March 1 the City awarded 30 impact fee deferrals for single family home purchases, but to date none have been used, and all are subject to reallocation. It is proposed that rather than awarding them to developers, they be given to the Housing Authority for disbursement on a first come, first served basis. Mr. Nicholson reiterated that all 60 deferrals are subject to reallocation as none of them have been used. Council Member Isom advised that several lenders advise this proposal will work well and is a great plan. She recommended that at least 20 deferrals be given to the Housing Authority for disbursement and 25 given to the Fountain Heights apartments. She then made a motion to this effect. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. City Manager Gary Esplin commented that next year all 60 deferrals could be given to the Housing Authority for allocation on a first come first served basis. The City Council concurred with this recommendation, except for those given to Habitat for Humanity, which will be allocated by the City Council. Community Development Director Bob Nicholson advised the City received a letter from Mrs. Evadene Hunt about the possibility of an impact fee deferral. Mr. Nicholson was directed by the City Council to have Mrs. Hunt contact the Housing Authority about obtaining an impact fee deferral. PRESENTATION OF PLAQUE: Mayor McArthur presented Public Information Officer Marc Mortensen with a plaque on behalf of the PTA for his part in promoting the Governor=s Music and Education Program and for service on the PTA Committee. REQUEST FOR FOUR LOT SUBDIVISION: Consider a request from Kendrick Rogers for approval to proceed with a four lot subdivision in Little Valley at 2170 South 3200 East using individual septic systems and a dry sewer. St. George City Council Minutes September 13, 2001 Page Fourteen City Manager Gary Esplin advised that approval of this request would represent a waiver of the City=s current concurrency policy. Staff=s position is that this is a new subdivision and is required to meet concurrency standards. He advised the City has received several requests to waive its concurrency policy, and all other requests have been denied. Mr. Rogers asserts that his request is merely a continuation of a project begun years ago, but nothing has happened since then. Mayor McArthur explained the City=s current policy of allowing a single home on one acre or larger upon signing of a waiver, but any subdivision is required to meet concurrency requirements. Kendrick Rogers, applicant, advised the property in question was approved as part of a subdivision in 1997. The property is zoned AG-1 and it is two miles to the nearest sewer. It is proposed that four lots be developed as the highest and best use for the property. Mayor McArthur inquired of Mr. Rogers the set of facts that would distinguish this request from others which were denied. Mr. Rogers replied that this property was already approved as part of another subdivision, but has since expired. He advised there is a dry sewer on site. Council Member Whatcott explained the City=s reasoning for requiring concurrency, and that granting this request would be in direct opposition to this purpose and would open the door for others to request the same thing. Deputy City Attorney Ron Read explained that when approval for a subdivision expires, the property reverts to stage one status, and is no different from any other property not previously part of a subdivision. Associate Planner Mark Bradley explained that the four lots in question were originally part of the Majestic Valley Subdivision and are actually owned by two different parties. City Manager Gary Esplin explained that staff was concerned about differentiating this project from the others that requested a waiver of concurrency requirements and were turned down. A motion to deny the request was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. BEER LICENSE AND LOCAL CONSENT: Consider approval of a beer license and local consent for a restaurant liquor license for Don Pedro=s Mexican Restaurant at 567 South Valley View Drive #2. Ricardo Mena, Jr., applicant. City Manager Gary Esplin advised that the distance measured to the nearest church, park, or school was 665’ and meets ordinance requirements. There was also a beer and/or alcohol license previously at this location. A motion was made by Council Member Isom to approve the beer license and local consent for a restaurant liquor license. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: St. George City Council Minutes September 13, 2001 Page Fifteen Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. REQUEST FOR BEER LICENSE: Consider approval of a beer license for the La Fondita Mexican Restaurant at 635 East St. George Blvd. Maria D. Munoz, applicant. City Manager Gary Esplin explained that the distance requirements of the ordinance could not be met, and therefore this item was removed from the agenda. REQUEST FOR BUSINESS LICENSE: Consider approval of a business license for Safe Ride Transport. Sean Coles, applicant. City Manager Gary Esplin advised the applicant requested this item be tabled from the agenda. PARK FEE WAIVER/WAIVER OF PARK POLICY: Consider a request for a fee waiver and waiver of park policy regarding no vending in City parks for the New Covenant Christian Center for a church garage sale in the Worthen Park on September 15, 2001 between 11:00 a.m. and 4:00 p.m. Hans Koenig appeared on behalf of the applicant and advised they would like to use the park from 7:00 a.m. to 2:00 p.m. Deputy City Attorney Ron Read reminded the applicant to be mindful of noise levels between 7:00 a.m. and 9:00 a.m. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the request. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. REQUEST TO CONDUCT CARRIAGE RIDES: Consider a request from Classy Taxi Rides for authorization to conduct carriage rides at various locations in the City. City Manager Gary Esplin explained the applicant currently operates in Kanab and Cedar City and would like to expand to St. George. Margie Reidhead, applicant, explained she has three carriages and six horses, and a $1,000,000 insurance policy. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the request. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 13, 2001 Page Sixteen SPECIAL EVENT PERMIT: Consider approval of a special event permit for an October Festival in the City. Hatch Party Productions, applicant. City Manager Gary Esplin explained the applicants would like to set up in the Smith=s parking lot and operate the entire month of October. Staff has reviewed the request and does not have any problems with it. Deputy City Attorney Ron Read explained that the City Council must grant approval for any special event to operate more than six days out of every six months. Council Member Whatcott was excused from the meeting. A motion was made by Council Member Allen and seconded by Council Member Isom to approve the special event permit as requested. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. REQUEST USE OF CITY BUILDING: Consider a request for use of the St. George Leisure Services building by the Consul of Mexico on September 22, 2001. Anacelia Perez De Meyer, applicant. City Manager Gary Esplin explained the Consul of Mexico would like to use a room in the City=s Leisure Services Building on September 22, 2001. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the request. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. APPROVAL OF CONTRACT: Consider approval of a contract with Campbell & Associates Architects for the next phase of remodel at the St. George Leisure Services building. City Manager Gary Esplin explained that Campbell & Associates have been the architects for the remodeling and renovation projects at the Leisure Services building over the past three years. There are two more phases to go, and this contract is for the next phase. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the contract as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. APPROVAL OF CHANGE ORDER: Consider approval of a change order with Alpha Engineering for environmental review for the Virgin River Phase 3 trail project. St. George City Council Minutes September 13, 2001 Page Seventeen City Manager Gary Esplin explained that the City applied for a grant from the state and federal governments for the Virgin River Trail Phase 3 from the River Road bridge to the east City limits. The City did not anticipate receiving any grant funds from the federal government, however, the City ended up receiving over $100,000 in federal funds which necessitates an environmental study of the trail alignment. This change order is for $17,000, the cost of the environmental study. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the change order. The amount of the change order is $16,985. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. APPROVAL OF CONTRACT: Consider approval of a contract with Free & Associates for appraisal review for land acquisitions at the new replacement airport. City Manager Gary Esplin explained that federal procedures for purchase of properties for a new airport are to obtain an appraisal for the property, and then hire a review appraiser to review the initial appraisal. Free & Associates is very familiar with the process, and staff recommends retaining them for this purpose. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the contract as requested. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. AIRPORT LEASE: Consider assignment of lease space at the St. George Airport Terminal for rental cars from National to WB Rentals, Inc. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the lease as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. APPOINTMENT OF ELECTION JUDGES: Consider appointment of election judges for the 2001 municipal election. A motion was made by Council Member Orton and seconded by Council Member Isom to appoint election judges as recommended. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 13, 2001 Page Eighteen APPROVAL OF POLICY: Consider approval of Policy No. 10-87 for the Water and Power Department. City Manager Gary Esplin explained this item was tabled from the last meeting. He then explained the proposed changes to the policy. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the policy as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. PROPOSED PROPERTY PURCHASE: Consider proposed purchase of property for the City of St. George. City Manager Gary Esplin proposed that this item be discussed after an executive session. APPROVE MINUTES: Consider approval of the minutes of the regular City Council meeting held August 2, 2001. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the regular City Council meeting held August 16, 2001. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the minutes as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the City Council work meeting held August 23, 2001. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 13, 2001 Page Nineteen Consider approval of the minutes of the special City Council meeting held August 30, 2001. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss a property purchase and possible litigation was made by Council Member Allen and seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Allen and seconded by Council Member Isom. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. PROPOSED PROPERTY PURCHASE (CONTINUED): Consider proposed purchase of property for the City of St. George. A motion to approve an offer of 1.9 million dollars, plus costs associated with the purchase of the Moore Business Forms building, was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. SCHEDULE MEETINGS: A joint meeting with the Water and Power Board was scheduled for September 25, 2001 at 4:00 p.m. A field trip with the Planning Commission was planned for September 20, 2001 at 4:00 p.m., with the hospital groundbreaking at 5:00 p.m., and a meeting afterward at the City Office. DISCUSSION RE SIGN SURVEY: The issue of developing a sign survey in conjunction with the Chamber of Commerce was discussed. It was decided that more discussion on the subject was needed. The meeting adjourned at 8:30 p.m. _________________________________ Gay Cragun, City Recorder