City Council Minutes

Thursday, November 18,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING NOVEMBER 18, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Rod Orton Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Sharon Isom Councilmember Bob Whatcott City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Scout Mac Hobson. The invocation was offered by Gay Cragun. Mayor McArthur invited all Scouts in the audience to introduce themselves. Scout Aaron Adams informed the Mayor and City Council that his Eagle project consisted of building a steel bridge to replace the old one on the Sugarloaf. Councilmember Whatcott arrived. Mayor McArthur commended Aaron on a great project. CONSENT CALENDAR: Consider approval of the financial statement for October, 1999. A motion was made by Councilmember Gardner to approve the financial statement as presented. The motion was seconded by Councilmember Isom, and all voted aye. BID OPENING: Consider award of bid for purchase of a 50' bucket truck for the Power Department. Purchasing Agent Sue Swensen advised that bid packages were provided to several vendors, but only one bid was received. She recommended the bid be awarded to the only bidder, Pacific Utility, in the amount of $121,141.24. A motion was made by Councilmember Isom to award the bid for purchase of a 50' bucket truck for the Power Department to Pacific Utility in the amount of $121,141.24. The motion was seconded by Councilmember Orton. Ms. Swensen advised the old truck will be placed in the City?s upcoming auction and if it is not sold, it will be used as a trade-in on the new truck in the amount of $22,000. Mayor McArthur called for a vote, and all voted aye. BID OPENING: Consider award of a blanket purchase order for gasoline, diesel fuel, oil, and anti-freeze. Purchasing Agent Sue Swensen recommended a blanket purchase order be established under the State contact with Tri-Valley Distributing for a one-year period not to exceed $400,000. The City spent approximately $387,000 last year on these products. City Council Minutes November 18, 1999 Page Two A motion was made by Councilmember Whatcott to establish a blanket purchase order with Tri-Valley Distributing under the State contract in an amount not to exceed $400,000 for a one-year period. The motion was seconded by Councilmember Orton, and all voted aye. Mayor McArthur briefly explained the City?s policy with regard to giving preference to local companies. If the local company?s bid is within 5% of the low bid, the local company will be given the opportunity to match the low bid. RESOLUTION: Consider approval of a resolution abandoning an easement along Lots 8 and 9 of the Anasazi Hills Subdivision Phase I at Entrada. City Manager Gary Esplin advised the applicants are requesting deletion of two lots and corresponding easements from the plat of Anasazi Hills Subdivision Phase I at Entrada. Staff has no problem with the request. A motion was made by Councilmember Gardner to approve by resolution the vacation of easements along Lots 8 and 9 of the Anasazi Hills Subdivision Phase I at Entrada plat. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. SET PUBLIC HEARING: Associate Planner Jim McGuire advised the Planning Commission recommended a public hearing be scheduled for December 16, 1999 at 5:00 p.m. to consider an amendment to Chapter 21 of the Zoning Ordinance concerning the keeping of animals in the A-1 zone. A motion was made by Councilmember Allen to set the public hearing as recommended by the Planning Commission. The motion was seconded by Councilmember Gardner, and all voted aye. CONDITIONAL USE PERMIT: Consider a modification to a conditional use permit to delete the fence around the Peachtree Assisted Living facility on 2025 South Circle. Donald Welch, agent for the applicant. Associate Planner Jim McGuire advised the applicant would like to eliminate the wall along the east side of the facility. This wall was previously shown on the site plan when the project was originally approved. The Planning Commission, at their meeting held November 9, 1999, recommended approval of the request because adjoining properties have the same R-3 zoning. Adjacent property owners were notified of the request, but no responses have been received by the City. A motion was made by Councilmember Gardner to approve the modification to the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. PRELIMINARY PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of November 9, 1999, recommended approval of the preliminary plat for Ft. Pearce Industrial Park Phase III, subject to the right-of-way width of the new road being a minimum of 60 feet. A motion was made by Councilmember Whatcott to approve the preliminary plat subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. City Council Minutes November 18, 1999 Page Three FINAL PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of November 9, 1999, recommended approval of the final plat for Blackrock Condominiums at Stonebridge Phase I. The final plat conforms to the preliminary plat. A motion was made by Councilmember Orton to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Gardner, and all voted aye. CONTRACT WITH ROSENBERG ASSOCIATES/SID 99-1: Consider approval of a contract with Rosenberg Associates for engineering services for a portion of SID 99-1. City Manager Gary Esplin advised that an agreement is needed with Rosenberg Associates for engineering services to tie The Plantations project to the SID. All improvements will be paid for by the participants in the SID, and the City does not have any exposure or liability. A motion was made by Councilmember Gardner to approve a contract with Rosenberg Associates for engineering services for a portion of SID 99-1. The motion was seconded by Councilmember Allen, and all voted aye. AMENDMENT TO SNOW CANYON WATER PROJECT INTERLOCAL AGREEMENT: Consider approval of an amendment to the Snow Canyon Water Project Interlocal Agreement. City Manager Gary Esplin explained an amendment to the Interlocal agreement between Ivins, Santa Clara, and St. George is needed to add improvements Santa Clara has made to the joint project between the parties. A motion was made by Councilmember Orton to approve an amendment to the Snow Canyon Water Project Interlocal Agreement as requested. The motion was seconded by Councilmember Isom, and all voted aye. ORDINANCE: Consider approval of an ordinance vacating Lots 8 and 9 from the plat of Anasazi Hills Subdivision Phase I at Entrada. City Attorney Jonathan Wright advised the applicant is requesting vacation of Lots 8 and 9 from the plat in order to include them in another plat for adjoining property at a future date. A motion was made by Councilmember Gardner to vacate, by ordinance, Lots 8 and 9 from the plat of Anasazi Hills Subdivision Phase I at Entrada. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. ORDINANCE: Consider approval of amendments to the Home Occupations Ordinance. City Attorney Jonathan Wright explained he was instructed by the City Council to draft an amendment to the Home Occupations Ordinance which would allow bona fide home businesses to operate which are not currently allowed, such as a home internet business. He reviewed with the City Council the proposed provisions of the ordinance and explained enforcement will be on a complaint basis. City Council Minutes November 18, 1999 Page Four Councilmember Allen asked for a clarification of the prohibition against truck delivery to a home-based business. Mr. Wright replied that drop shipping is allowed for a home-based business, but commercial deliveries by UPS, a semi-truck, etc. to a home-based business is prohibited, and action would be taken by the City. He then reviewed the process by which complaints would be investigated. He explained the purpose of the amendment is to exclude home businesses that have negative effects on the neighborhoods while allowing other businesses not previously allowed under the existing ordinance. He then reviewed with the City Council the types of businesses which were excluded from obtaining a home occupation license. He advised that anyone who has concerns about whether or not their home business should be licensed should contact the City?s Business License Officer. Mr. Dixon, representing the Bloomington Hills Homeowners Association, expressed concern about perpetual garage sales. Mr. Wright advised a provision was included in the amendment which would limit garage sales to a total of five days per calendar year per residence. However, five days was simply a suggestion and the City Council could make its own determination. Mr. Dixon commented that five days per year seemed excessive, and suggested two days be the maximum number of days allowed. Mr. Wright suggested the City Council may want to try five days and see what occurs. The amount of days permitted could always be amended. Councilmember Gardner commented that the City was not trying to be more restrictive, but simply trying to protect neighborhoods and respond to the requests of citizens. Councilmember Isom commented she was in favor of the five day limitation. Brent Griffith suggested the City publicize the new ordinance by putting information about it in the utility billings. Bindy Boilen inquired if the new ordinance would impact babysitting and piano lessons. Mr. Wright responded that dance, music, tennis, swimming lessons, etc. are allowed under the ordinance. However, the number of students is capped at 10. A motion was made by Councilmember Allen to approve the ordinance. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an amendment to the Sun River PD zone located west of Pioneer Road and south of the Virgin River to enlarge the area of the project and allow for short term rentals on approximately 16 acres within the development. Darcy Stewart, applicant. Community Development Director Bob Nicholson explained the applicant is proposing to make three changes to the PD project: (1) to enlarge the project boundaries from 527 acres to 592 acres; (2) to use a 16 acre tract for short term rentals or timeshare units; and (3) project signage. The applicant is proposing a zone change near I-15 for location of a permanent 40' x 12' sign. A trailer advertising the project is parked there now and is City Council Minutes November 18, 1999 Page Five an illegal off-premise sign. The applicants will obtain ground from Trust Lands on which to locate the sign. The Planning Commission recommended approval. Mayor McArthur stated the zone change would create a flag lot for placement of the sign, would set a precedent, and would essentially still be an off-premise sign. City Manager Gary Esplin advised the zone change would be simply for the purpose of erecting the sign, and the property on which it would be located could not be used for anything else. Permitting location of this sign would be circumventing the off-premise sign prohibitions. City Attorney Jonathan Wright advised that billboards are not permitted in the scenic corridor, and location of this sign would be circumventing the billboard ordinance as well. Mr. Nicholson suggested a time limit could be put on the sign until the new interchange is built. Darcy Stewart, applicant, stated he is not asking for additional density for his project or increasing the size of the project. The property to be used for the Vacation Villas was included in the original zone change, but the specific location within the project was not specified. He advised he has been negotiating with Trust Lands to acquire additional property out to the freeway, but until the new interchange is built, the State is not willing to sell the property. The State will be leasing to him the property on which to locate the sign. He stated the proposed freeway sign was important to his development, will be nice looking, and will not be as large as a billboard. Councilmember Gardner inquired if the sign would be legal if the property were owned by Sun River. City Manager Gary Esplin questioned if this sign were approved, what would stop other projects and landowners from doing the same thing on their property along the freeway. City Attorney Jonathan Wright advised the applicant is really asking for a zone change to locate a sign which would be prohibited under the Sign Ordinance because it is in a clear zone where billboards are not allowed. He advised that ?property for sale? signs are allowed. He stated the City Council could not make a factual finding for the zone change other than to locate a sign, which would be illegal without the ?stem? of property, and which is in the scenic corridor and prohibits billboards. Mr. Stewart commented he believed in the future he would own property contiguous to the freeway. He stated he was concerned another major project competitive with his would have excellent signage. Mayor McArthur opened the public hearing. Thomas Hall commented on the City?s lawsuit with the Shivwits Band over their billboard signs along the freeway, and questioned whether granting the request would be politically correct given the lawsuit. He stated, however, his concern was with the proposed short term rentals. He suggested the 16 acre parcel be removed from the PD residential zone and be zoned either commercial or resort overlay. He stated it would be best to not allow short term rentals because it opens the door to other requests. There being no further public comment, Mayor McArthur closed the public hearing. City Council Minutes November 18, 1999 Page Six Councilmember Allen requested the issue of short term rentals be addressed. Rick Rosenberg advised the units used for short term rentals would look the same as units in other areas of the project, and would be available for sale and for use as short term rentals for prospective buyers. Darcy Stewart advised ?short term rental? meant 2-3 days, similar to a timeshare, and is simply a method to market the project. When the units are no longer needed for marketing, they will be sold to be used as permanent residences. Mr. Rosenberg commented the Vacation Villas are for proposed for an area located adjacent to the recreation center and by the golf course, and access is not from private streets. Councilmember Gardner stated his inclination was to help market projects, but the Sign Ordinance is designed to protect. He inquired if allowing placement of a sign in the same vicinity as the Shivwits? billboards would weaken the City?s position in the lawsuit. City Manager Gary Esplin replied the real issue is that the applicant is requesting placement of a billboard in an area prohibited by City ordinance. City Attorney Jonathan Wright stated he was concerned the request for zone change was simply for location of a sign. It would not be an off-premise sign, however, as the ?stem? of property would join it with the PD property, but it would still have nothing to do with the PD itself, and would weaken the City?s argument in the Shivwits? billboard case. He again stated the zone change request for the sign does not add to the residential community, and there would have to be a factual basis on which to grant the PD zone change. Mr. Wright explained the scenic corridor extended from the Brigham Road intersection south along both sides of the freeway. Community Development Director Bob Nicholson stated that billboards have to be in commercial zones and have a 1500' spacing requirement. Mr. Stewart?s proposal is for an on-premise sign. Mr. Stewart commented that from his conversations with staff, if the property is rezoned PD, the sign would be an on-premise sign. Mayor McArthur stated he was concerned about setting a precedent for other projects along the freeway. Councilmember Gardner commented the sign location would be contiguous to Mr. Stewart?s project, whether the property is owned or leased. The problem, however, is that approval by the City would weaken its position in the Shivwits lawsuit. He stated that when the new interchange exit is built and the area around it is zoned commercial, this sign may be appropriate and fitting. City Attorney Jonathan Wright advised the City Council cannot be inconsistent when enforcing ordinances. In addition, the trailer currently located on the property in question is illegal and must be removed. Councilmember Orton made a motion to approve the amendment to the Sun River PD zone to enlarge the area of the project and allow for short term rentals, but deny the request to rezone property in order to locate a sign along the freeway. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. Mayor McArthur called for a five minute break. City Council Minutes November 18, 1999 Page Seven PUBLIC HEARING: Public hearing to consider suggestions for potential projects for which funding may be sought under the Community Development Block Grant Program for fiscal year 2000/2001, and to consider any public comment on the consolidated plan for the City of St. George. Associate Planner Jim McGuire advised this public hearing is necessary to consider potential projects for which funding may be sought under the 2000/2001 Community Development Block Grant Program. Grant money is needed to be spent on projects benefitting primarily low and moderate income persons. The Five County Association of Governments Region in which St. George City is a member, is expected to receive approximately $1,015,973 in this new program year. All eligible activities which can be accomplished under this program are identified in the CDBG Application Guide and interested parties may review it at any time. A copy is available from Mr. McGuire in the Planning Department. Such eligible activities include the construction of public works projects and facilities such as water and sewer lines and fire stations, the acquisition of real property, and provision of public services such as food shelters. In the past, St. George has received three grants: one for clearing a dilapidated hotel in 1986; one for bringing the Pioneer Court House up to ADA standards in 1994; and one for purchasing a duplex for affordable housing units this past year. The City has included its capital investment plan as part of the regional consolidated plan. This shows which projects the City has identified as being needed in the community. Mayor McArthur opened the public hearing. Beth Cottam advised she has applied for a 5311 grant to establish a community transportation program, and recommended CDBG funds be used for this purpose too. She suggested that two or three vans or two small buses be purchased for use as part of the transportation program in the price range of $100,000-$120,000. There being no further public comment, Mayor McArthur closed the public hearing. Mr. McGuire advised a preliminary application is due in December. PUBLIC HEARING/RESOLUTION: Public hearing and approval of resolution to create the City of St. George, Utah SID 99-4 described in the notice of intention concerning the district and authorizing the City officials to proceed to make improvements as set forth in the notice of intention to create the district; authorizing the City Engineer to prepare a notice to contractors for sealed bids with respect to the construction of the improvements; and related matters. Public Works Director Larry Bulloch displayed a map of the SID area and advised the City adopted a plan to fund major transportation improvements throughout the City. One of the critical projects in the plan was to extend a major artery near the Southgate area from Bluff Street to Hilton Drive along the toe of the Black Hill. The plan adopted depends on the City being able to get adequate funds, coupled with private funds from the properties fronting the road. When the Black Ridge Commercial Center was approved, this created a setting to obtain private funding. The last eleven months have been spent meeting with property owners benefitting from the improvements, working through issues and concerns, and the last four weeks the proposed creation of a SID has been advertised which would ensure funding and financing. Two protests to creation of the district have been received. By area, 88% is in favor with 12% opposing. By frontage, 75% are in favor with 25% opposed. The City is contributing to the project the equivalent of two improved lanes in the amount of $265,000. Staff is City Council Minutes November 18, 1999 Page Eight recommending the road be widened to 100' instead of the usual 80' because 50,000 cars a day are projected to travel this road. An additional 10' of right-of-way is being asked to be dedicated by property owners, with an additional $200,000 being contributed by the City. The Water Department is also extending a 20" water line along the route with a cost-sharing arrangement between property owners and the City. Key elements of the project are to connect all the different roads into that major road, including 250 West and Airport Road. It is proposed that in the next budget year the City prioritize funds for improvement of Airport Road 700' up the hill at a cost of $100,000, with the second phase to be done at a later date. Councilmembers Orton and Gardner questioned the need for a 100' road. Mr. Bulloch explained that only 80' would be built right now, but the City is committed to come in when needed and expand the roadway an additional two lanes to 100' at the City?s cost to accommodate the projected large amount of traffic. Mayor McArthur commented that the Hilton Drive right-of-way is 100', but it is currently 80' with two 10' easements. Mr. Bulloch stated that the 20 year planning period estimates 50,000 cars per day on this road. Councilmember Gardner requested clarification of the design of the intersection at Black Ridge and Hilton Drive. Mr. Bulloch explained the intersection design, and advised the SID will fund the ?plumbing? for the signal, with the City paying for the signal when warranted. Mayor McArthur opened the public hearing. Steve Layton advised he represented himself and his sister, Leslie Dakin. He read the protest letter he and his sister submitted to the City Council, a copy of which is attached hereto as Exhibit ?A?. He advised he did not think the assessment was equitable. Mayor McArthur commented that even though Mr. Layton considers his property as two different parcels, they could be developed as one parcel. Mr. Layton commented the two parcels have different elevations, and access off of Black Ridge Drive will not benefit his property as it already has access off Hilton Drive, and the small triangular piece of property will not benefit at all. Randy Green, representing Black Ridge Commercial Center, advised his project has taken on a disproportionate share in the cost of acreage assessment, but also has the most immediate need for the improvements. He advised that recognizing most of the surrounding property owners had already participated in a SID in the area, they increased their share of participation. He advised a number of issues were evaluated in trying to come up with an equitable process, and initially there was not a lot of support for the SID. That support began to grow as property owners acknowledged their property values would increase by having Black Ridge Drive. He advised the City has been very reasonable to deal with and a good working relationship has been established. Gerry Brown, representing the Southgate Group, stated the new road is necessary and the timing is right. City Council Minutes November 18, 1999 Page Nine Steve Layton stated that Black Ridge Drive will increase the value of Mr. Green?s property, but will not increase the value of his as his property fronts the freeway and access will be from Hilton Drive. Councilmember Whatcott inquired if Mr. Layton participated in the Hilton Drive SID. Mr. Layton replied that he did not. Mayor McArthur advised that when Mr. Layton develops his property, he will have to improve his frontage on Hilton Drive. City Manager Gary Esplin advised the City paid for improvements in front of the Layton property to tie into the SID property. Mr. Layton stated he was not opposed to the District, just the equity of the assessments. City Engineer Dave Demas advised that $60,000 of the Laytons? assessment is for front footage improvements. City Manager Gary Esplin stated he appreciated Mr. Layton?s concern about the small triangular piece of property, and the City might be interested in purchasing it if a purchase price can be negotiated. He stated that in all practicality it would be difficult to access that piece. He stated that while it may not seem fair to assess the Laytons the full amount for Black Ridge Drive because it is higher than their property, it would be equitable to charge them something because they did not participate in the Hilton Drive SID and there is value in having an additional access and traffic running past their property. He suggested the City could do more to make the assessment equitable. Mr. Layton stated he would be willing to trade the small triangular piece of property to the City in exchange for the assessment. Councilmember Whatcott questioned if the small triangular piece of property even needed to be included in the SID as it seemed to be a useless piece of property. He suggested it be excluded from the SID and thus the Layton?s would only be responsible for curb and gutter along its frontage. Public Works Director Larry Bulloch recommended the adjustment on the triangular parcel be adjusted 50%. He advised that adjacent land owners have offered to give the Laytons free dirt to level and terrace their property to make it more useable from the upper and lower frontages. He advised that Black Ridge Drive was also lowered 10' in order to benefit the Laytons. Black Ridge Development has also offered to shift the road more to their side so the full 10' will not be taken from the Layton?s property. Mr. Layton commented the concessions were not enough. Councilmember Gardner commented that while realizing some issues still needed to be resolved with the Laytons, the SID should move forward. City Manager Gary Esplin commented that the process would have to be completely readvertised if changes were made, but the Laytons could apply to the board of equalization. Councilmember Whatcott commented he was not comfortable with the City taking the brunt of all the changes. Mr. Esplin commented the City could make up the difference for roadway improvements in front of the triangular piece with the cost of curb and gutter being paid for by the Laytons. The City will either have to pick up the difference, or readvertise the SID. City Council Minutes November 18, 1999 Page Ten Mr. Bulloch advised the City would be paying about $17,000 of the Laytons? assessment. Mr. Layton advised the City was not addressing the bigger issue on his five acre piece. He stated he is willing to pay for street improvements, but the property should not be included in the SID. Mayor McArthur commented that is a determination the City Council must make. Mr. Bulloch commented that access from Hilton Drive only will not be adequate for the Layton property due to the large amount of traffic projected. Councilmember Orton commented that he agreed with City staff that access from Black Ridge Drive will benefit the Laytons? property. Mayor McArthur read a letter in opposition to the SID from St. George Inn L.L.C., a copy of which is attached hereto as Exhibit ?B.? There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve by resolution creation of SID 99-4 subject to the City assuming the cost of roadway improvements along the small triangular piece of property, with the Laytons assuming the cost for curb, gutter and sidewalk for the small triangular piece of property. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. ORDINANCE: Consider approval of an ordinance regulating sexually oriented businesses. Gary Kuhlmann displayed the refined zoning maps and stated the main crux of the proposed ordinance is to provide constitutionally protected standards for regulation of SOBs. In doing so, the City Council must determine what public interest is to be served or protected, what reasonable regulations will effectively minimize the secondary adverse effects, and the specific findings that support the ordinance, while not restricting or denying access to materials protected by the First Amendment. Mayor McArthur advised the public hearing was closed at the last meeting when this issue was discussed, and he and the City Council have been reviewing the studies for almost one year. He stated that most, if not all, of the studies he read indicate a concentration of SOBs multiply the adverse secondary effects. Mr. Kuhlmann and City Councilmembers reviewed the many findings listed in the ordinance. Councilmember Orton stated he agreed with the finding that SOBs have adverse effects on adjacent businesses and residential areas, including increased crime, decreased property values, exposure of minors to harmful material and conduct, urban blight, and decreased quality of life. Councilmember Isom commented that each individual member of the City Council has already determined the changes proposed by the ordinance are warranted. She stated she was in favor of any regulation that would prevent minors from exposure to SOBs. Mr. Kuhlmann stated it is important that the City Council determine the studies support the findings in the ordinance. City Council Minutes November 18, 1999 Page Eleven Mayor McArthur stated he agreed with the finding that properties surrounding SOBs are devalued. Councilmember Gardner commented that the adverse secondary effects of crime and property devaluation were very evident in each study, and he was convinced the adverse secondary effects of SOBs in St. George would be disastrous. Mr. Kuhlmann inquired if the City Council wanted to prohibit or regulate the sale of devices as found in Section 27. It was the consensus of the City Council to prohibit them. It was the consensus of the City Council to exclude caretaker residences as they relate to proximity regulations in the ordinance. Mr. Kuhlmann reviewed the zoning maps with the City Council and the various distance requirements. He inquired if the City Council wanted to include any zone which permits residential use within the distance requirements. It was the consensus of the City Council to include any zone which permits residential use within the distance requirements. City Attorney Jonathan Wright advised that the AG-1 zone is similar to residential zones because residences can be located there on acre lots. Gary Kuhlmann inquired how the City Council wanted distances measured - building to building, property line to property line, or building to property line, straight line, etc. It was the consensus of the City Council to measure property line to property line. Mr. Kuhlmann advised that using that criteria, he recommended the City Council not adopt the 1500' distance requirement as it would probably be unconstitutional. It was the consensus of the City Council to adopt a 1000' distance requirement. Mr. Kuhlmann advised that fees still needed to be determined, and said they must be reasonably tied to actual costs incurred. After discussion, it was the consensus of the City Council to charge $50 as a non-refundable application fee, $250 for the license fee with an annual review and adjustment as warranted, and $50 for each employee license. Mr. Kuhlmann advised that hours of operation must be determined, and the proposed ordinance suggests hours tied to alcohol establishments. It was the consensus of the City Council that SOBs must be closed between the hours of 1:00 a.m. and 9:00 a.m. every day. Mr. Kuhlmann advised that newsrack regulations have been included in the proposed ordinance. It was the consensus of the City Council to not address newsrack regulations at this time and leave them out of the ordinance. A motion was made by Councilmember Orton to approve the ordinance as amended. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. City Council Minutes November 18, 1999 Page Twelve MINUTES: Consider approval of the minutes of the regular City Council meeting held September 2, 1999. A motion was made by Councilmember Isom to approve the minutes as presented. The motion was seconded by Councilmember Gardner, and all voted aye. Consider approval of the minutes of the City Council work meeting held October 28, 1999. A motion was made by Councilmember Isom to approve the minutes as presented. The motion was seconded by Councilmember Gardner, and all voted aye. Consider approval of the minutes of the regular City Council meeting held November 4, 1999. A motion was made by Councilmember Isom to approve the minutes as presented. The motion was seconded by Councilmember Orton, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss property sales/purchases and litigation was made by Councilmember Isom. The motion was seconded by Councilmember Allen, and all voted aye. RECONVENE AND ADJOURN: A motion to reconvene and adjourn was made by Councilmember Gardner. The motion was seconded by Councilmember Allen, and all voted aye. The meeting adjourned at 9:00 p.m. _______________________________ Gay Cragun, City Recorder