City Council Minutes

Thursday, December 16,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING DECEMBER 16, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Sharon Isom Councilmember Rod Orton Councilmember Suzanne Allen Councilmember Bob Whatcott Councilmember Larry Gardner City Manager Gary Esplin Deputy City Attorney Ron Read City Recorder Gay Cragun EXCUSED: Mayor Daniel McArthur City Attorney Jonathan Wright OPENING: Mayor Pro Tem Isom called the meeting to order and welcomed all in attendance. The flag salute was led Councilmember Allen, and the invocation was offered by Councilmember Gardner. Mayor Pro Tem Isom presented Herb Jansen with a gift upon his retirement after 24 years of employment with the City, and thanked him for his many years of dedicated service. Bill Jacobson, coach of the Snow Canyon Football Team, state champions, introduced each football team member to the City Council. The coach of the Dixie High School Girls Tennis Team, state champions, introduced each tennis team member to the City Council. Mayor Pro Tem Isom congratulated both teams on an outstanding job. CONSENT CALENDAR: Consider approval of the financial report for November, 1999. A motion was made by Councilmember Whatcott to approve the financial statement as presented. The motion was seconded by Councilmember Orton, and all voted aye. BID OPENING: Consider award of bid for concrete sealant for the Quail Creek Water Treatment Plant and Snow Canyon water tanks. City Manager Gary Esplin presented two bids received: Accent Painting $27,190; AAA Asphalt & Concrete $49,000. He recommended award of the bid to the low bidder, Accent Painting in the amount of $27,190. A motion was made by Councilmember Orton to award the bid to Accent Painting in the amount of $27,190. The motion was seconded by Councilmember Whatcott, and all voted aye. BID OPENING: Consider award of bid for the purchase of PVC conduit for the Power Department. City Manager Gary Esplin presented three bids received: Electrical Wholesale Supply $35,434.07; Northern Power Equipment $33,827.02; Western States Electric $39,203.19. He recommended award of the bid to the low bidder, Northern Power Equipment in the amount of $33,827.02. A motion was made by Councilmember Gardner to award the bid to Northern Power Equipment in the amount of $33,827.02. The motion was seconded by Councilmember Allen, and all voted aye. City Council Minutes December 16, 1999 Page Two BID OPENING: Consider award of bid for a blanket purchase order for garment laundry service for City-wide operations. City Manager Gary Esplin presented two bids received: Unifirst American Linen Long pants 2.53 2.25 Long pants (denim) 3.30 3.75 Long sleeved shirt - poly 3.52 2.10 Long sleeved shirt - 100% cotton 3.85 3.00 Short sleeved shirt - poly 2.64 2.10 Short sleeved shirt - 100% cotton 3.52 3.00 Coveralls - poly blend 4.95 4.30 Lab coats 4.62 4.25 Polo shirts - knit/poly 3.85 3.00 He recommended award of a blanket purchase order in an amount not to exceed $40,000 to American Linen. Mr. Esplin advised the City provides uniforms and laundry service to mechanics and employees of the wastewater treatment plant, and the proposed amount is based on last year?s usage. A motion was made by Councilmember Whatcott to award a blanket purchase order in an amount not to exceed $40,000 to American Linen. The motion was seconded by Councilmember Orton, and all voted aye. BID OPENING: Consider award of bid for a blanket purchase order for City-wide electrical repairs. City Manager Gary Esplin presented two bids received: Blake Electric KV Electric Hourly rate - laborer $15.00 $32.00 Hourly rate - apprentice $25.00 $32.00 Hourly rate - journeyman $35.00 $36.00 Minimum rate One hour $40.00 After hours - on call 1-1/2 hr. $60.00 Mr. Esplin recommended award of the blanket purchase order to Blake Electric in an amount not to exceed $100,000 for a one year period. A motion was made by Councilmember Orton to award a blanket purchase order in an amount not to exceed $100,000 for the year to Blake Electric. The motion was seconded by Councilmember Gardner, and all voted aye. PUBLIC HEARING: Public hearing to consider amendment to Chapter 21 of the Zoning Ordinance regarding the keeping of animals in the A-1 zone. Mayor Pro Tem Isom advised this item would be tabled to the first or second meeting in January, 2000. ORDINANCE: Consider approval of an ordinance amending the Planned Development Zone at McArthur Landing by changing the use from residential to professional office. Mayor Pro Tem Isom advised the City Council discussed this item at a previous City Council meeting and took a field trip to the site. A motion was made by Councilmember Whatcott to approve the request to amend the PD zone at McArthur Landing by changing the use from residential to professional office, with the stipulations agreed to at the site visit. Those stipulations were: the bottom of the window on the lower level would not be higher than 6" above the curb along Riverside Drive; a 15' setback; a berm will be placed on the east City Council Minutes December 16, 1999 Page Three side; and the color scheme will compliment the neighboring development. The motion was seconded by Councilmember Orton. A roll call vote was taken, and all voted aye. PRESENTATION OF 1998-99 FISCAL AUDIT: Presentation of the 1998-99 fiscal audit for the City of St. George. Ken Hinton distributed graphs of select funds and reviewed them with the City Council. He advised that at the end of fiscal year June 30, 1999, the City had $310,000,000+ in assets, $119,000,000 in liabilities, and equity totaling almost $192,000,000 which shows the City has exhibited wise financial management. He reviewed the electric fund and declared it financially healthy. He reviewed the water fund and noted it has exhibited a downward trend but the City is on top of it and has already instituted a water rate study. He reviewed the golf course fund which has an excellent trendline and has consistently had a net income. City Manager Gary Esplin commented the golf fund is self-sufficient, and operates independently from the rest of the City as far as funding. Mr. Hinton reviewed the sewer collection fund and stated in his opinion it contained a healthy balance. He reviewed the sewer treatment fund and stated the fund is being wisely managed. Mr. Hinton commented the audit ended in a clean opinion, which is the best type of result one can get in an audit. Councilmember Whatcott noted that this year?s assets have gone up over $100,000,000 from the previous year, with equity up over $62,000,000 which indicates that from a business standpoint, the City has been run very well by City Manager Gary Esplin and Finance Director Phil Peterson. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for up to two signal towers up to 165 feet in height located southwest of the Wastewater Treatment Plant at 3780 South approximately 2300 West for the purpose of radio broadcasting in the St. George area. Don Shelline, agent for Simmons Media Group, applicant. Associate Planner Jim McGuire advised the City Council has previously discussed this item and taken a field trip to the site. The Planning Commission recommended approval of up to two towers subject to the conditions that the towers not be lighted, they be painted an earthtone color, and the equipment trailer be screened from public view. In addition, a second tower is only approved if the FCC grants approval for a 10,000 watt signal. Councilmember Gardner commented the City Council does not wish to stop growth or development within the City, but is challenged to make sure that growth is as unobtrusive as possible and homogenous with the surrounding environment. Don Shelline commented the towers could be painted any color desired, and requested that someone be named to designate the color. Councilmember Gardner commented the guy wires might also be reflective and inquired if they too could be painted. Mr. Shelline responded the guy wires could also be painted. Councilmember Allen advised that Councilmember Whatcott went to Christensen Park, and from that location the tower was barely visible. Councilmember Whatcott commented the tower was minimally visible from Christensen Park, but visible from the wastewater treatment plant. City Council Minutes December 16, 1999 Page Four Mr. Shelline inquired if the transmission building could be left its natural color and not painted to help with its refrigeration and heating. It would be located behind a hill so as not to be visible from the Sun River development. Tom Cover, a resident of Sun River, advised he was not trying to stop economic development, but wanted to know if the City had a master plan for towers. He asked that the City Council consider the beauty of the area in making its decision. He requested that the City Council table any decision until a master plan for towers was in place. Community Development Director Bob Nicholson replied the City?s current ordinance requires a master plan be submitted before any cellular tower is placed within the City, but this is the first request for a radio tower the City has received in 14 years, and not many requests are anticipated for the future. He advised aesthetic considerations are covered in the City?s general plan. Councilmember Whatcott commented that Simmons Media Group has been trying for three years to find a location for a tower, and the decision to locate the tower at the requested site was not an overnight decision. Darcy Stewart stated there is technology available that allows location of all antennas on one tower, and inquired if the applicant?s information had been verified by a third party. He expressed disapproval of the tower site and advised its placement at this location would decrease property values in his development. Mr. Shelline explained that AM towers need to be at least two miles away from any other tower in order to not interfere with each other, but there is technology that enables location of an AM antenna on another AM station?s tower, but the frequencies have to be compatible. He advised the 1450 signal is located on a crowded portion of the band and interference would be highly likely at night. The FCC requires a station to cover at least 80% of the city in which it broadcasts at night, and if the tower were located in the Washington Fields, that would not be possible. This has been corroborated by FCC engineers in writing. Councilmember Gardner asked for an explanation of why groundwater was helpful in broadcasting a signal. Jeff Ward explained that water and metal reflect radio waves, and groundwater is helpful in attaining a maximum signal. Councilmember Whatcott inquired if it were possible to move the entire tower site behind the hills. Mr. Ward replied ground radials have to be laid in a radius around the tower site, and it would not be possible to move the tower site because a level location is needed and it would be cost prohibitive to level a site. The proposed site is already level. Councilmember Orton commented that in his opinion there were other visual impacts to the area greater than the proposed tower site, such as the recreational vehicle storage area in Bloomington, and the wastewater treatment plant. Mayor Pro Tem Isom advised that no matter what studies might be performed, the City cannot arbitrarily designate what private property owners can do with their property. Mr. Shelline asked that no further delay be made in making a decision, and requested that the City Council approve his request for location of the tower(s). A motion was made by Councilmember Orton to approve the conditional use permit subject to: the tower(s) not be lighted, they be painted a color approved City Council Minutes December 16, 1999 Page Five by the City or Sun River, the equipment building be screened from view, but if it is still visible, it also must be painted; and the guy wires must also be painted if visible. A second tower would only located upon if the FCC granted approval for a 10,000 watt signal. The motion was seconded by Councilmember Gardner, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of December 14, 1999, recommended approval of the final plat for Stone Cliff Estates Phase V. He advised it conformed to the preliminary plat, but the width of a roadway depicted on the plat was narrowed, and it will have to be amended to conform to City standards, as well as showing a dedication of 1450 South Street. A motion was made by Councilmember Allen to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Whatcott, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of December 14, 1999, recommended approval of the final plat for Stonebrook Phase I. He advised it conformed to the preliminary plat. A motion was made by Councilmember Rod to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Gardner, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a new Methodist church located across from The Legacy on Tonaquint Drive. Shepherd of the Hills United Methodist Church, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of December 14, 1999, recommended approval of the conditional use permit subject to the applicant?s adjacent portions of Tonaquint Drive, Mesa Palms Drive, and 2070 South Street being dedicated, drainage and utility easement being dedicated around the parcel (15 feet along the roads and 10 feet along the interior boundaries), the lot split being approved, approval of a drainage study and plan; the improvement of 2070 South Street and Tonaquint Drive (the first phase portion) be installed, and that there be no access to or from Tonaquint Drive. The church will be constructed in phases and parking areas expanded as required. The remaining street improvements will be required with the subsequent phases. The applicant is also requesting that the height to the top of the cross on the steeple be 53 feet. A motion was made by Councilmember Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a bulk storage facility for used oil at 4082 South 1630 East. Craig Herzberg, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting held December 14, 1999, recommended approval of the conditional use permit subject to storm water within the diked areas being pumped and transported to an approved treatment facility, the diked containment area being maintained, an annual inspection by the Fire Department, state certifications being maintained, storage and operation procedures complying with Fire Codes, and the applicant following all state and EPA requirements, licensing and bonding. A motion was made by Councilmember Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. City Council Minutes December 16, 1999 Page Six LOT SPLITS: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held December 14, 1999, recommended approval of two lot splits to build an apartment complex at 652 South 600 East. Kevin Ence is the applicant. A motion was made by Councilmember Orton to approve the lot splits as recommended by the Planning Commission. The motion was seconded by Councilmember Gardner, and all voted aye. MODIFICATION TO CONDITIONAL USE PERMIT: Consider a request for approval of a modification to the conditional use permit for an office building to exceed the height limit at 600 South Bluff Street. Ence Construction, applicant. Community Development Director Bob Nicholson advised that last August the City Council approved a four story office building at this location. Under the current Fire Code, any building with four or more stories must have an enclosed stairway exit to the roof, therefore, the applicant is now requesting approval of an additional 8' high stairway enclosure on the roof. The structure will measure 10' x 19' and be located in the center of the roof. The pending height ordinance would give the Building Official discretion to approve necessary rooftop structures. Two other buildings in the City have these rooftop structures - the hospital and the Hampton Inn. Councilmember Whatcott expressed concern that the height limitations in the current ordinance were not being adhered to, and exceptions were routinely being given. City Manager Gary Esplin commented that with regard to exceeding the height limitation in the ordinance, this extra 8' will not serve as additional office or floor space, and is for the facade only. A motion was made by Councilmember Gardner to approve the modification to the conditional use permit as requested. The motion was seconded by Councilmember Allen. The vote was as follows: Councilmember Gardner - aye; Councilmember Allen - aye; Councilmember Orton - aye; Councilmember Whatcott - nay. The motion carried. PUBLIC HEARING: Public hearing to consider a request to adjust the 1999-2000 fiscal budget for the City of St. George. City Manager Gary Esplin distributed copies of the proposed budget adjustments and reviewed each proposed adjustment with the City Council. A copy of the budget adjustments is attached hereto as Exhibit ?A.? Mayor Pro Tem Isom opened the public hearing. There being no public comment, she closed the public hearing. A motion was made by Councilmember Whatcott to approve the budget adjustments as explained by the City Manager. The motion was seconded by Councilmember Gardner, and all voted aye. RESOLUTION: Consider approval of a resolution authorizing the issuance and providing for the sale of $400,126.13 City of St. George, Utah Special Assessment Bonds, Series 2000 City of St. George, Utah Special Improvement District No. 98-1 (the ?Bonds?), fixing the interest rates to be borne thereby, prescribing the form of the bond and interest rates, maturity and denomination of said bonds; reaffirming the creation of a guaranty fund as provided by statute; and related matters. City Council Minutes December 16, 1999 Page Seven A motion to approve the resolution was made by Councilmember Gardner. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held November 23, 1999. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Orton, and all voted aye. Consider approval of the minutes of the regular City Council meeting held December 2, 1999. A motion was made by Councilmember Gardner 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 land acquisition and/or sales was made by Councilmember Gardner. The motion was seconded by Councilmember Whatcott, and all voted aye. RECONVENE: A motion to reconvene was made by Councilmember Allen. The motion was seconded by Councilmember Whatcott, and all voted aye. APPOINTMENTS TO EMPLOYEE APPEAL BOARD: City Manager Gary Esplin advised that two appointments needed to be made to the Employee Appeal Board, and he recommended Robert Stoker and Phil Peterson be appointed. A motion was made by Councilmember Gardner to appoint Robert Stoker and Phil Peterson to the Employee Appeal Board. The motion was seconded by Councilmember Whatcott, and all voted aye. ADJOURN: The meeting adjourned at 6:50 p.m. _____________________________ Gay Cragun, City Recorder