City Council Minutes

Thursday, September 27,2001



REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ST. GEORGE WASHINGTON COUNTY, UTAH September 27, 2001 4:00 p.m. PRESENT Daniel D. McArthur, Mayor Rod Orton, Council Member Robert Whatcott, Council Member Larry Gardner, Council Member Sharon Isom, Council Member Suzanne Allen, Council Member Gary Esplin, City Manager Jonathan Wright, City Attorney CALL TO ORDER Mayor McArthur called the meeting to order at 4:05 p.m. and welcomed Council Members and guests. He announced that Kent Perkins would lead the flag salute followed by the invocation by the Reverend Mary Allen. Following the invocation, Mayor McArthur thanked everyone for joining in the Pledge of Allegiance. He said the flag has come to mean even more to Americans during the past few weeks as we have grieved as a nation. He stated further that now is the time to show our strength by getting back into life and showing the terrorists that we can rise above their devastation. Next, Mayor McArthur asked Kent Perkins to make a presentation. Mr. Perkins came to the podium and announced that today is the annual bringing of the shirts and posters to the Council as a signal that it’s marathon time. He said this would be the 25th annual marathon and Mayor’s walk. He expressed appreciation to the Mayor and Council for their support. He distributed an agenda of activities for the Marathon weekend and invited the Council Members to come to as attend as many activities as possible. Mr. Perkins told the Mayor that he would be honored to have him help hand out the awards. Mayor McArthur responded that he would like to do so. Council Members asked how the tragedy had impacted the marathon. Mr. Perkins said there are approximately 6,300 entrants, about the same as last year. Finally, Mr. Perkins commended Council Member Whatcott for running in two marathons and asked if he would be joining them this year. Council Member Whatcott said due to an injury, he will not run this year. Next, Mayor McArthur asked Council Member Orton to report on the Mayor and Council walks through the City. Council Member Orton reported that he, the Mayor, and some Council Members have committed to walk every street in the City. They have covered the middle of the City and Friday at 7:30 a.m. will be walking the neighborhoods near Sunstone Condos. He said their walking routes will be published in the Spectrum and the public is invited to join them to walk and talk. SCOUT INTRODUCTION Seeing many young people in the audience, including Scouts, Mayor McArthur asked that they introduce themselves. He started with Scouts and asked that they come to the podium and introduce themselves, their rank, what troop they are from and what merit badge they are working on. They were as follows: St. George City Council Minutes September 27, 2001 Page Two Chet Harmon, 1st Class, Troop 430, Citizenship Merit Badge. Jon Avilla, 1st Class, Senior Patrol Leader, Troop 430, Citizenship Merit Badge. Brent Lyle, Assistant Patrol Leader, Troop 430, Citizenship Merit Badge. Jed Miller - 1st Class, Troop 430, Citizenship Merit Badge. Alec Henley, 1st Class, Troop 620, Communications Merit Badge James Stump, Life Scout. The next to introduce themselves were Amy and Ashley Isom . Amy stated that they had come to ask approval for a special event permit for a fund raiser and a fee waiver to use the Vernon Worthen Park. Mayor McArthur asked which item on the agenda was theirs. Gary Esplin said it was item 6.A.11, an addendum. Mayor McArthur decided to start with 6.A.11, as the applicants were already at the podium Amy turned the time to Ashley who is the organizer of the activity. Ashley said that many young people feel helpless in the wake of the September 11 tragedy and she wanted to do something to not only help the victims, but to unite the young people and all of the community and help them to show their pride for their country and support for the victims. She said she had originally planned to hold the activity at Tuachan High School, but it has grown so big she felt they needed to hold it at the park. Council Members asked what activities were planned. She said there would be a jumping jax, face painting, balloon animals, poetry readings, magic shows and music. Participants are asked to bring a blanket to sit on and $1 to donate. Council Members agreed it was a good idea for a good cause and commended Amy and Ashley for taking the lead. Council Member Gardner made a motion to approve a fund-raising activity for the victims of the terrorist bombings to be held Saturday, September 29 in Vernon Worthen Park and further to waive the fee for using the park. 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 Mayor McArthur asked if there were any changes to the agenda. Gary Esplin said there were not, but he jokingly said he would like to rebut the derogatory comments he and Council Member Whatcott have had to bear because they have not joined the neighborhood walks. He wanted it publicly known that both he and Council Member Whatcott have run in two marathons and during their training runs, they had probably been on every street in the City. The other Council Members, while not promising to quit making comments, did acknowledge their efforts. Mayor McArthur directed everyone’s attention back to the agenda and announced that the next item would be the Consent Calendar and the Financial Statement for August 2001. St. George City Council Minutes September 27, 2001 Page Three CONSENT CALENDAR Financial Statement for August 2001 Gary Esplin presented this item to the Council. He explained that as this is only the second month of the fiscal year, there are no problems. He said he was worried about the amount of money the Power Department is losing, in spite of the rate increase, and will continue to monitor the situation. He also said the recent bombing will probably affect St. George as well as the rest of the nation and he will be watching sales tax revenue closely. Council Member Gardner said that although it sounded a little shallow, he felt one of the best things we could do for our country right now is spend some money and help stabilize the economy. Mayor McArthur called for a motion on the Financial Statement, August 2001. Council Member Gardner made a motion to accept the August 2001, Financial Statement as written. 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 BID OPENINGS Mayor McArthur announced that the next item of business would be the bid openings and asked Sue Swensen to introduce the bids. Meter Reading Software Sue Swensen, Purchasing Agent, asked that the Council consider awarding a bid to Hydro Specialties Company, in the amount of $32,242.70 to purchase an upgraded meter reading software system. She said that Barbara Berrett and a committee had been studying different software packages and felt this one would best suit the needs of the City. The cost includes the software, handheld units and training. She said it is similar to what is being used now except it includes a radio free unit to read hard to reach meter such as those in manholes and it can be upgraded to go to the next step, when money is available. Gary Esplin explained that this bid is similar to bidding for professional services, it is not actually a low bid vs. a high bid situation, but we are looking for the best system for our needs. Council Member Whatcott made a motion to award a bid to Hydro Specialties Company in the amount of $32,242.70 to purchase an upgraded meter reading software system. 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 Custodial Supplies Sue Swensen asked that the Council considering awarding a bid to three companies for custodial supplies as outlined in the bid tabulation packet. She said a blanket purchase order would be made for each company listing specific items and staff would order from the company who had the needed items listed. Mayor McArthur asked if any of the companies had complained about this process. She said she had not hear of any. St. George City Council Minutes September 27, 2001 Page Four Council Member Gardner asked how the low bid had been tabulated. Sue said she and her staff had converted all the amounts into common sizes and factored in dilution ratios in order to ensure as closely as possible that they were comparing "apples to apples". She said staff would also be monitoring the service given by each company. Council Member Isom made a motion to award the bid for custodial supplies in the amount of $20,000 each to Unisouce, Stahel and Waxi companies. 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 Seeing that it was too early to hold the public hearings, Mayor McArthur asked that Council direct their attention to the staff reports next. PLANNING COMMISSION STAFF REPORT SEPTEMBER 25, 2001 Items for Public Hearing Mark Bradley asked that the following items be approved to be advertised for public hearing on October 18, 2001 at 5:00 p.m. 1. R-2 Duplex Residential to C-3 General Commercial at 25 North 100 West, Robert Brown, applicant. 2. R-1-8 Single Family Residential to R-2 Duplex Residential for property located north of Diagonal (and 600 North) on 500 West. Habitat for Humanity, applicant. Hearing no questions, Mayor McArthur called for a motion. Council Member Gardner made a motion that public hearings be set on October 18, 2001 at 5:00 p.m. to hear public comment on a zone change from R-2 Duplex Residential to C-3 Commercial at 25 North 100 West, Robert Brown, applicant, and a zone change from R-1-8 Single Family Residential to R-2 Duplex Residential for property located north of Diagonal (and 600 North) on 500 West, Habitat for Humanity, applicant. 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 Preliminary Plat Mr. Bradley asked that the Council consider approval of a preliminary plat for Rink Subdivision with four single family lots in an A-1 Zone located east of River Road on 2800 South Street. There is a proposed 50 ft. right-of-way accessing the four lots off of 2800 South with a right hand cul-de-sac. The subdivision would be serviced by the Little Valley Special Improvement District. The Planning Commission recommends approval. Gary Rink, applicant. Hearing no questions, Mayor McArthur called for a motion. St. George City Council Minutes September 27, 2001 Page Five Council Member Orton made a motion to approve a preliminary plat for Rink Subdivision with four single family lots in an A-1 Zone located east of River Road on 2800 South Street, There is a proposed 50 ft. right-of-way accessing the four lots off of 2800 South with a right-hand cul-de-sac. 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 FINAL PLATS Boulders, Phase V Mark Bradley asked that Council consider approval of a final plat for Boulders, Phase V, with five single family lots at 1450 South and Rocky Road, Steve Sheffield, applicant. Council Member Gardner made a motion to accept the final plat for Boulder, Phase V, containing five single family lots at 1450 South and Rocky Road, Steve Sheffield applicant, and authorize Mayor McArthur to sign the plat. 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 Countryside, Phase 4 Mark Bradley asked that Council consider approval of a final plat for Countryside, Phase 4, with twenty-nine single family lots located about 660 East 900 South. The Planning Commission recommends approval subject to: (1) providing a knuckle on 1100 South and (2) to readjust lots 49 and 50 to include additional easement land for each parcel, Clayton Leavitt, applicant. Council Member Allen made a motion to accept the final plat for Countryside, Phase 4 with 29 single family lots located about 660 East 900 South on condition that the developer provides a knuckle on 1100 South and readjusts lots 49 and 50 to include additional easement land for each parcel and authorize Mayor McArthur to sign the plat. 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 After the vote, a discussion ensued regarding weeds on those lots. Mayor McArthur and Council Member Allen indicated they have both received numerous complaints. Council Member Isom cautioned that in some cases, until financing is set, nothing, not even a weed, can be removed from the property. St. George City Council Minutes September 27, 2001 Page Six Bob Nicholson assured Council Members that Shanna Butler is working with the property owners to get the area cleaned up. Oak Creek, Phase 1 Mark Bradley asked that Council consider approval of the final plat for Oak Creek, Phase I, a subdivision with 7 single family lots located on Stonebridge Drive and Petite Chalet Lane. The Planning Commission recommends approval subject to: (1) readjust lots 5 and 6 to get them out of the floodway; (2) an additional setback of 5 feet away from the sewer; and (3) a note on plat stating no habitable structures may be built beyond sewer setback line. Mr. Bradley indicated that the developer had already amended the plats to reflect the Planning Commission’s conditions. Council Member Gardner made a motion to approve the final plat for Oak Creek, Phase I, a subdivision with 7 single family lots located on Stonebridge Drive and Petite Chalet Lane, under the condition that the property owner readjust lots 5 and 6 to get them out of the floodway; that an additional setback of 5 feet away from sewer be created; and a note be placed on the plat stating that no habitable structures may be built beyond sewer setback line and authorize Mayor McArthur to sign the plat. Council Member Allen 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 Meadowood, Phase 1 Mark Bradley asked that Council consider approval of the final plat for Meadwood, Phase 1, a subdivision with 17 single family lots located on Stonebridge Drive and Petite Chalet Lane. The Planning Commission recommends approval without restrictions, Clayton Leavitt, applicant. Council Member Orton made a motion to approve the final plat for Meadowood, Phase I, a subdivision with 17 single family lots located on Stonebridge Drive and Petite Chalet Lane without restrictions and authorize Mayor McArthur to sign. 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 CONDITIONAL USE PERMIT Parks Maintenance Building Gary Esplin asked that Council consider approval of a Conditional Use Permit for a park maintenance facility to be located adjacent to the Tonaquint Cemetery. He explained this had been put on hold while staff negotiated to buy property in another location. He said it now looks as though the other property may not be available. Staff needs this approval to move ahead as much as possible while negotiations are ongoing. He showed the elevation and site plan and explained that the building would be set down a little bit with berms to camouflage the equipment around the building. Design has been halted until this matter is resolved. St. George City Council Minutes September 27, 2001 Page Seven Council Member Orton asked if there were any changes since the last work meeting when this project was discussed extensively. Mr. Esplin said there were no changes. Council Member Isom made a motion to approve a Conditional Use Permit for a park maintenance facility to be located adjacent to the Tonaquint Cemetery. 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 Doctor’s Free Clinic Gary Esplin asked that Council consider City participation in off-site improvements for the Doctor’s Free Clinic on Riverside Drive. He said they hope to have the City participate in building a wall off-site and in exchange they will donate 1 acre of the property they receive from Cox’s for a trailhead and parking . He reminded Council Members that this had been discussed in work meeting. The City would get value in their money in the parking lot and trail head. Mayor McArthur asked Carol Sapp, Southern Utah Home Builder Association. To show the building renderings. She did so and added her sentiment that this would be a great project and expressed the Home Builder appreciation for everyone who had worked on the project so far. Mayor McArthur asked Dr. Doxy to come to the podium and tell about the history of the Doctors Free Clinic. Dr. Doxy thanked everyone and said that the clinic had begun about a year ago in response to the Washington County population which has twice as many uninsured persons as compared to the Wasatch front. He said they have seen 5,000 people over the past year working out of one exam room at the Dixie Care and Share. When questioned by the Council, Dr. Doxy said many doctors in the area wish to participate as well as the dentists. He said the ground breaking would be November 1 and a completion date is hard to say because the work will all be done by volunteers. He expressed his appreciation for the Southern Utah Home Builders Association. SPECIAL EVENT PERMIT Two Dances to be Held at the Old Skating Rink At the Mayor’s request, Jay Gierisch came to the podium to request approval of two dances to be held on October 5 and 6 at the old skating rink on 1301 East Sunset Blvd. He said his company would like to provide a safe, secure, drug free entertainment in the form of dances for area highschool and college students. Part of the money raised will go to the Red Cross and part to the Dixie State College Cheerleaders. Mr. Gierisch explained that the Fire Marshall had seen the facility and approved it for 300 people. He said they had hired Bryan Pace, head wrestling coach at Dixie High, as the head of security plus 12-15 guards. All the guards have worked with troubled youth and are trained in CSI, CPR, First Aid, etc. They planned to have security at every exit and roaming pairs of guards on the dance floor and in the parking lot. They would check participates with a metal detector and would have zero tolerance for alcohol, drugs, or violence. St. George City Council Minutes September 27, 2001 Page Eight He said that 300 participants was less than they had expected and asked if a tent could be erected in the parking lot for more space. Mr. Gierisch said he had not met with Chief Stratton, but had met with Steve Despain. Chief Stratton came to the podium and said he could approve of the activity as it was originally proposed with 19 security guards instead of 12-15 and the police would have to check the tent to see if it would be approved or not. Chief Stratton also felt the Chief of Security should be on site at all times. In the matter of the tent, Mayor asked that we err on the side of safety until Mr. Gierisch’s company has proven themselves. Council Member Whatcott made a motion to approve a special event permit under the original guidelines presented to the Police Department with a maximum of 300 participants. 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 Jonathan Wright reminded Mr. Gierisch that by statute, the times of operation are 8:00 p.m. to 11:30 p.m. on Friday night and 8:00 p.m. to 12:45 a.m. on Saturday. Seeing that it was 5:00 p.m., Mayor McArthur asked that the Council return to the public hearing portion of the agenda. PUBLIC HEARINGS Amendment to PD Zone - Lillywhite Plant World Bob Nicholson asked that Council consider approval of an amendment to the PD Commercial zone for a plant nursery located west of the cemetery on Dixie Drive. He said the purpose of this amendment is to (1) add a plant nursery as a permitted use in the PD Commercial Zone original document (2) approve the elevation of Plantations Drive to Dixie Drive and the jog up to Indian Hills Drive. The property owner has agreed to build the road on their north property line. The Planning Commission recommended approval and the applicants have offered to donate a trail easement by Santa Clara River. Council Member discussed at length the advisability of having two "T" intersections in such close proximity. They wanted to be sure before they approved the road that there was no other way to align it. Rob Reid, Rosenberg Associates, responded to Council’s questions and tried to show why he felt all other options were unfeasible. Council was still unsure and decided to go on a field trip tonight after Council meeting adjourned. Hearing no further questions from Council, Mayor McArthur declared the public hearing open and asked if anyone had come to speak to this issue. Seeing none, he declared the public hearing closed and called for a motion. Council Member Isom made a motion to approve, by ordinance, the amendment of a PD Planned Development Commercial Zone located west of the cemetery on Dixie Drive to include a plant nursery as a permitted use and approve the building elevation and site plan subject to a field trip by Council and authorize the Mayor to sign. St. George City Council Minutes September 27, 2001 Page Nine Council Member Allen seconded and the motion passed unanimously 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 Agreement with JKF LC Gary Esplin asked Council to consider this housekeeping item which would extend an agreement between the City and JKF LC to lease City property adjacent to their building on 400 East, south of St. George Blvd. as discussed in an October 2000 City Council Meeting. Council Member Orton made a motion to approve extending an agreement between the City and JKF LC to lease City property adjacent to their building on 400 East, south of St. George Blvd. 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 Painted Desert Sewer Easement Gary Esplin asked that Council Members consider giving authorization to accept sewer easements for the development in the area of the old Painted Desert. The property has recently been sold and the new property owner will not be able to hook on the Fort Pearce Sewer Line without this easement. Mr. Esplin indicated he had spoken with Barry Barnum and Dave Demas and both approved the new easement. Council Member Orton made a motion to authorize acceptance of a new sewer easement for the development formerly known as Painted Desert along River Road southwest of the Bloomington Hills fire station. 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 SPECIAL EVENTS PERMIT Newby Buick Haunted House Jed Phaff and Roger Taylor came to the podium to request that Council Member consider a Special Event Permit for a haunted house at the old Newby Auto building on St. George Blvd., October 17-31. Mr. Phaff and Mr. Taylor said the money raised would go to Turning Point Family Care to train foster parents and place children in foster homes. They explained that their company has sponsored these events since 1997 starting at the old Walmart, then Staheli Catering and now Newby Auto. They said they had spoken to the owner of the tire company next door and he did not have a problem but he referred them to Walgreen Company who is the new owner (they have not yet heard from Walgreens). St. George City Council Minutes September 27, 2001 Page Ten The Fire Marshall has approved the premises and they have liability insurance. Council Members asked if they had contacted Smith’s Food Store regarding parking. They had not. Council Member Isom made a motion to approve a special events permit for a haunted house at the old Newby Buick Auto Center on St. George Blvd. With the provisions that they get a letter from Smith’s regarding parking and bring in proof of insurance. 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 AUTHORIZATION TO PURCHASE NEW PROPERTY Gary Esplin asked that Council Members approve and authorize Mayor McArthur to sign an agreement to purchase land from the Recon Family Trust near the switch yard at the bottom of Foremaster Ridge to gain a trail easement and sell the rest. Council Member Isom made a motion to approve and authorize the Mayor to sign an agreement with the Recon Family Trust for property near the switch yard at the bottom of Foremaster Ridge in order to gain a trail easement. 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 MINUTES Mayor McArthur called for a review of the September 13, 2001 City Council Meeting minutes. Council Member Orton made a motion to approve the September 13, 2001 City Council meeting minutes as written. Council Member Isom seconded and the motion passed unanimously. REQUEST AN EXECUTIVE SESSION Hearing no further business, Mayor McArthur asked if anyone had need of an Executive Session. Gary Esplin said he did. Council Member Orton made a motion to adjourn from City Council meeting to Executive Session at 5:45 p.m. Council Member Gardner seconded and the motion passed unanimously. _____________________________________ Miriam Palma, Deputy City Recorder