City Council Minutes

Thursday, July 6,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JULY 6, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Bob Whatcott Councilmember Larry Gardner Councilmember Sharon Isom Councilmember Rod Orton Councilmember Suzanne Allen 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 Jeff Knowlton, and Mayor McArthur offered the invocation. AWARD OF BID: Consider award of bid for engineering design for replacement bridges for City golf courses. Purchasing Agent Sue Swensen presented the following four bids: PBS&J Engineering $42,840; Bulloch Bros. $29,600; Rosenberg $23,400; Alpha Engineering $21,679. She advised that Dave Terry, Golf Manager, recommended award of the bid to the second low bidder, Rosenberg, in the amount of $23,400 because their bid included necessary services not included in the bid from Alpha Engineering, such as a base map and construction material testing. City Manager Gary Esplin advised Rosenberg did the design for the break-away bridge at Mathis Park, and these bridges will be similarly constructed. He advised three bridges will be replaced - one at Sunbrook and two at Southgate. A motion was made by Councilmember Orton to award the bid to Rosenberg in the amount of $23,400. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye The motion carried. AWARD OF BID: Consider award of bid for purchase of chip seal oil for City projects. Purchasing Agent Sue Swensen advised that only one bid was received from Crown Asphalt in the amount of $75,757 for 321 tons of chip seal oil. She recommended award of the bid to Crown Asphalt. City Manager Gary Esplin advised the City has used this supplier in the past for this product. A motion was made by Councilmember Gardner to award the bid to Crown Asphalt in the amount of $75,757. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Whatcott - aye St. George City Council Minutes July 6, 2000 Page Two The motion carried. AWARD OF BID: Consider award of bid for construction materials for the 3000 East water line project. Purchasing Agent Sue Swensen presented the following three bids: Scholzen’s $59,334.58; W. R. White $59,993.52; Plumber’s Supply $57,111.56. She recommended award to the low bidder, Plumber’s Supply, in the amount of $57,111.56. A motion was made by Councilmember Whatcott to award the bid to Plumber’s Supply in the amount of $57,111.56. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The motion carried. AWARD OF BID: Consider award of bid for construction of the City tennis facility. Purchasing Agent Sue Swensen advised only one bid was received from Progressive Contracting Inc. (PCI) in the amount of $637,975, and staff recommends award to them. Councilmember Gardner commented the project amount seemed significant to have only one bidder respond. City Manager Gary Esplin replied post-tension concrete will be used for long term playability of the courts, and therefore the City did a pre-qualification of bidders and required that they have experience with several similar projects. Only four pre-qualified bidders met this requirement. The general contractor, if pre-qualified, could then do the job, or sub the project out to another pre-qualified entity. PCI is the only one who contacted the City with pre-qualified bidders. Mr. Esplin advised the City’s estimate for the project was $620,000, and there are some items that can be deleted from the bid to come closer to the estimate. Councilmember Gardner inquired if the facility, including the restrooms and concession building, would be completed in time for the Senior Games. City Manager replied that the City is still not sure what it can afford to build, but in all probability all the facilities would not be ready for the Senior Games. Mayor McArthur expressed concern that the City not try and rush construction of the facility and compromise quality in an effort to have the facility available for the Senior Games. Councilmember Gardner asked how many bidders had an opportunity to bid the project. City Manager Gary Esplin replied the pre-qualified bidder concept was more restrictive than usual and could be difficult to meet. Parks Superintendent Lynne Scott advised bidders had ample opportunity to bid, and they knew about the pre-qualification requirement at least one month in advance. She advised she received no questions or calls from bidders. St. George City Council Minutes July 6, 2000 Page Three A motion to award the bid to PCI in the amount of $637,975 was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Ms. Scott advised the Mayor and Council that the City made a commitment to the Senior Games that the tennis facility would be ready for the Senior Games, and the City intends to finish the court portion of the project to meet that commitment. She advised that quality would not be compromised. Mayor McArthur called for a vote. The City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The motion carried. Councilmember Whatcott inquired as to where the four pre-qualified bidders were located, and if a pre-qualified expert would be present on the site. Ms. Scott replied two of the pre-qualified bidders were from Colorado, one was from Salt Lake City, and one was from California. She advised the expert will have to be a team member and be present on the site. AWARD OF BID: Consider award of contract for engineering services for Phase 3 of the Virgin River Trail Project. Purchasing Agent Sue Swensen presented the following eight bids: Alpha $64,005; Sunrise $64,425; Bulloch $65,650; Rosenberg $67,900; Caldwell/R/S $74,964; Pentacore $77,200; Bush-Gudgell $77,500; Sear-Brown $78,606. She recommended award of the bid to the low bidder, Alpha Engineering, in the amount of $64,005. A motion was made by Councilmember Gardner to award the bid to Alpha Engineering in the amount of $64,005. The motion was seconded by Councilmember Isom. City Manager Gary Esplin advised Phase 3 includes engineering design services and construction management for the portion of trail from the River Road bridge to the Washington City limits. It will eventually be asphalted. He advised the City applied for a grant to help with funding of the project. Mayor McArthur called for a vote. The City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The motion carried. ORDINANCE: Consider approval of amendments to the City’s ordinance concerning backflow devices and cross connections. City Manager Gary Esplin explained a recommendation has been received from the Water and Power Board to make the City’s backflow and cross connection ordinance less restrictive yet comply with state regulations. Councilmember Whatcott questioned a requirement under the "Violations" section of the proposed ordinance which required the City to shut off the water St. George City Council Minutes July 6, 2000 Page Four for non-compliance. He suggested the language be changed to allow the City discretion in shutting off water until everyone within the City was on a level playing field and up to code. Mayor McArthur explained the backflow prevention program is required by the state to prevent contamination of public drinking water, and requires installation of a backflow prevention device and testing of that device every year. A motion was made by Councilmember Orton to approve the ordinance with the changes suggested by Councilmember Whatcott. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a roll call vote. The City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The motion carried. RESOLUTION: Consider approval of a resolution authorizing the issuance and sale of not more than $900,000 aggregate principal amount of Golf Course Revenue Bonds, Series 2000 (Capital Appreciation Bonds), of the City of St. George, Utah; fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters. City Manager Gary Esplin explained approval of this resolution would allow the City to extend the existing Sunbrook bonds for an additional three years to make improvements at Sunbrook and the City’s other courses. Mayor McArthur advised it was important to understand this bond is a revenue bond, not a tax bond. Mr. Esplin advised the bond would be fully secured by revenue generated from the golf course facilities. A motion was made by Councilmember Whatcott to approve the resolution as presented. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote. The City Council voted as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye The motion carried. SET PUBLIC HEARING: Councilmember Isom requested that draft Planning Commission minutes be provided to the City Council along with the blue Planning Commission meeting review sheet. Community Development Director Bob Nicholson reported that the Planning Commission, at their meeting of June 27, 2000 recommended a public hearing be scheduled for August 3, 2000 at 5:00 p.m. to consider approval of an amendment to Chapter 21 of the Zoning Ordinance to allow more small animals in an A-1 zone with a conditional use permit, and to clarify some inconsistencies St. George City Council Minutes July 6, 2000 Page Five in Section 21-6.3. He advised the Planning Commission also recommended a public hearing be scheduled for August 3, 2000 at 5:00 p.m. to consider approval of an amendment to Section 6-7 of the Zoning Ordinance to remove the height limitation of parking lot light standards while still emphasizing that the light sources are to be hooded to prevent off-site illumination. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The motion carried. PRELIMINARY PLAT APPROVAL: Community Development Director Bob Nicholson reported that the Planning Commission, at its meeting of June 27, 2000, recommended approval of the preliminary plat for Pine Brook Subdivision located in an R-1-7 zone along Indian Hills Drive north of Shadow Creek Townhomes. Cary Blake is the applicant and will deed to the City approximately four acres for a City park. Mr. Blake will install a privacy wall along Indian Hills Drive and pipe the irrigation canal water. There is also one proposed flag lot. Mr. Nicholson advised the preliminary plat conforms to the development standards of the R-1-7 zone. The Planning Commission recommended approval subject to on-site detention. A motion was made by Councilmember Gardner to approve the preliminary plat as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye The motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a 60’ high wireless communication tower to be located at 1295 North Bluff Street. George Brock, agent for Western Wireless, applicant. Community Development Director Bob Nicholson reported that the Planning Commission, at its meeting held June 27, 2000, recommended approval of a conditional use permit for a 60’ high wireless communication tower to be located on the hill northwest of the LDS chapel on the northwest corner of 1250 North Bluff Street. This tower will replace the existing tower on the hill being excavated at the former J&J concrete yard. The existing tower at this site is currently 80’ high. The proposed 60’ high tower will be a lattice tower with a 4’ triangle base. The Planning Commission recommended approval subject to allowing for the co-location of an additional company’s antennas. George Brock from Western Wireless, advised the old tower is currently being dismantled, and the new tower will be shorter and have a smaller foundation base, and can be painted any color desired by the City. Councilmember Orton inquired of the applicant why this particular site was selected. St. George City Council Minutes July 6, 2000 Page Six Mr. Brock replied their first choice was declined by the Planning Commission, and the current site was suggested as an alternate site by the Planning Commission. Councilmember Gardner made a motion to approve the conditional use permit subject to the recommendation of the Planning Commission that the tower be co-locateable, and the color of the tower be approved by Community Development Director Bob Nicholson. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to increase the height of a detached garage in back of a home at 339 North 200 West. Matt Stahle, applicant. Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting of June 27, 2000, recommended approval of a conditional use permit to increase the height of a detached garage from the maximum of 15 feet to 18 feet for property located at 339 North 200 West. The garage is proposed to be 4’ from the side and rear property lines. The reason the increased height is being requested is to match the roof pitch of the garage to the roof pitch of the house. No opposition has been received from neighbors. A motion was made by Councilmember Gardner to approve the conditional use permit. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye The motion carried. REQUEST FOR DELAY IN PAYMENT OF IMPACT FEES: Consider a request from the Dixie Wildlife Federation for a delay in paying impact fees for a fund-raising project. City Manager Gary Esplin advised the Dixie Wildlife Federation is asking for a delay in payment of impact and permit fees until the home they are building is sold. The home is being built through donated labor and materials, and all proceeds from its sale will be used for worthwhile wildlife projects in the area. Staff supports the request. City Attorney Jonathan Wright advised a delay payment agreement will have to be entered into, as well as a condition placed in the agreement that impact fees would be due at the time the home is rented, leased, or occupied, or any use is made of it. A motion was made by Councilmember Gardner to approve the request for a delay in payment of impact fees subject to execution of an agreement with the City. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, and the City Council voted as follows: St. George City Council Minutes July 6, 2000 Page Seven Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The motion carried. REQUEST FOR BEER LICENSE: Consider a request for approval of a beer license for a convenience store at 994 E. St. George Blvd. Eugene Hafen, applicant. The applicant was not present. City Manager Gary Esplin advised there is a service station at this address, and staff is concerned about the size of the area available to sell food and beverage items. There was a brief discussion about whether or not the new beer ordinance contained language requiring a certain square footage of retail space in order to sell beer. City Attorney Jonathan Wright requested this item be delayed until the end of the agenda so he could review the ordinance. SPECIAL EVENT PERMIT FOR DANCE: Consider a request for approval of a special event permit for an outdoor dance on July 14, 2000. City Manager Gary Esplin advised staff had reviewed the request and the Chief of Police objects to location of this dance along St. George Blvd. from a public safety standpoint. Staff supports the concept, but a different location is desired. Adam Picklesimer, applicant, advised he wanted to do something for the City and also benefit a charity and involve the youth. He advised that all money raised from the dance would be given to the Dove House. He advised the dance would be held from 8:30 p.m. to 11:30 p.m. on August 4 instead of July 14 as originally planned. Councilmember Gardner inquired of Mr. Picklesimer if there would be a problem changing the location of the dance, and suggested the Recreation Center. Mr. Picklesimer replied there would not be a problem changing the location. City Manager Gary Esplin advised that staff would concur with the request at a location other than on the Blvd. Councilmember Isom inquired about security. Mr. Picklesimer replied security from the Digitzz dance club will be used, and the College will be contacted to see if they can provide security. Councilmember Isom commented she would have to know where the dance was going to be held and other issues finalized before she could vote for approval. Mayor McArthur advised the matter would be placed on the next City Council agenda. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for approval of a zone change from RE-20 Residential Estates 20,000 sq. ft. minimum lot size, to RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size, on 35.523 acres located at 2550 East and 2450 South. Derrill Larkin, applicant. Community Development Director Bob Nicholson advised that surrounding zoning is A-1, A-20, and MH. This request has been heard twice by the Planning St. George City Council Minutes July 6, 2000 Page Eight Commission. The first time was for a zone change to R-1-10, but the applicant withdrew that request. He is now proposing a zone change to RE-12.5 for property which is currently zoned in half acre lots. There was considerable opposition at the Planning Commission meeting of June 25, 2000, with the Planning Commission being split three to three on a motion to deny. The General Plan shows this area as low density residential, up to four dwelling units per acre, and the RE-12.5 zone allows for one large animal. Mr. Nicholson advised two large animals are permitted on a 20,000 sq. ft. lot, or RE-20 zoning. Derrill Larkin, applicant, advised the current zoning allows up to four units per acre, and the proposal is for 2.31 units per acre. A market study was performed for the property in question, and it recommended a subdivision with lots of 10,000 sq. ft. and up. He stated he felt a need to follow the recommendations of the market study, and the proposed configuration has been designed to allow flexibility. He stated he believed a purchaser would realize what presently exists around the subdivision area and would know what they were buying, Councilmember Isom reminded that the City Council would only be voting on the zone change, not the site plan. Mr. Larkin stated that two parties would have restricted access unless provided by the development, and the proposed plan provides that access. He advised that road issues would need to be discussed with the City Engineers. Councilmember Gardner inquired if two large animals would be permitted if two lots were purchased. Mr. Nicholson replied the plat would have to be amended and easements vacated, but two large animals would be permitted. City Attorney Jonathan Wright explained this would be contingent upon the City approving the amendment to the plat. Mr. Larkin commented that if in marketing the lots he sees a demand for larger lots, they can be expanded in future phases, and a zone change will not be needed. Mayor McArthur opened the public hearing. Floyd Helm advised he currently has a 50’ access adjacent to the property proposed for a zone change, and Mr. Larkin’s proposed plan would reduce his access to 25’. He advised he did not want to lose any of his 50’ access or be obligated to team up with a third party in order to get a building permit and develop his property. He also requested the culdesac be relocated on Mr. Larkin’s proposed plan. City Attorney Jonathan Wright advised if Mr. Helm had a recorded easement, a house could not be built on it, and it would be addressed in the planning stage of the development process. This easement would also be revealed in the title report. However, this issue is not part of the zone change request and does not matter as part of the request. Councilmember Isom inquired of Mr. Helm how he knew about the right-of-way. Mr. Helm advised it was in his title policy issued by Terra Title. Mr. Larkin advised Mr. Helm he would have no problem providing the culdesac where he requests. Mayor McArthur called for a five minute break due to a power interruption. Natalie Larsen advised that in the 1995 the master plan indicated the Little Valley area was rural, with roads and infrastructure planned to retain the rural setting. Zoning was for up to two units per acre, and if this zoning is not St. George City Council Minutes July 6, 2000 Page Nine maintained, the rural setting will be lost. She inquired if Little Valley were not kept an agricultural area, where would there be one in St. George. She stated the area needed to be protected, and conflicts will be created between neighbors when roping occurs at night. She stated if the rural setting was lost, it could never be regained. Councilmember Whatcott commented the Stonecliff hill serves as a natural buffer between residential and agricultural zoning. City Manager Gary Esplin reminded that the City Council is not approving Mr. Larkin’s plan, just the zoning, and Mr. Larkin would be able to construct anything allowed in that zone. Mr. Larkin stated he would not increase the density, and would commit to 2.31 units per acre. Mr. Esplin replied the proposed zoning would still allow for up to 3+ units per acre. Brad Thompson stated when a zone change is requested, the responsibility for justifying the change should be on the applicant, not on those who do not want the zone change. He stated that profitability was the only motivation for the zone change. He inquired how the City would be able to prevent further changes to the area if this request were approved, and the resulting snowball effect would change the total atmosphere of the area. He stated even the developer agrees that the vast majority of area residents do not want this zone change. Mayor McArthur commented there is also MH zoning in the Little Valley area. Mr. Thompson replied area residents have no say in what was existing when they moved to the area. He reiterated Mr. Larkin’s motivation was for more profitability in higher density housing. Mayor McArthur advised that the City of Washington zoned all of the Washington Fields area as R-1-10. Mr. Thompson asked the Mayor and City Council to listen to the will of the area residents and respect the zoning that currently exists. Lisa Johnson, a resident of Little Valley, advised that the property in question was zoned A-1 seven years ago. Mr. Larkin then purchased it and had it rezoned to R-1-20. The minutes from that meeting indicate Mr. Larkin stated he felt R-1-20 zoning was compatible with what was already in the area, and nothing has changed since then. Most of the residents still live on acre lots. She inquired why the current zoning could not stand. She stated at the last Planning Commission meeting, the Planning Commission asked the area residents to compromise. Ms. Johnson advised a compromise had already been made, seven years ago, when the zoning was changed. She stated that promises were made that horses would never be deleted from the Little Valley area, yet the R-1-10 zoning previously asked for by Mr. Larkin would prohibit horses. She advised that Associate Planner Jim McGuire said even though a zone change might fit the master plan criteria, it does not necessarily mean the zone change fits the area, and this request does not fit the area. She advised it would not be a hardship on Mr. Larkin to develop with R-1-20 zoning, as there are no half acre lots available in the City. She stated a buffer was needed between one acre lots and 1/4 acre lots. Mary Bundy explained she was the daughter of Elroy and Eve Bundy, and an honor student at Dixie High School. She has been an officer in FFA (Future Farmers of America) all four years of high school, and raising animals is a part of agriculture, not just raising crops. She stated she was strongly opposed to the proposed zone change request, and did not want neighbors complaining about the dust, lights, smells, and flies when her roping arena is used at night. St. George City Council Minutes July 6, 2000 Page Ten Shelly Flake stated she appreciated Jim McGuire’s work, and the last thing he said at Planning Commission meeting was that this request for a zone change did not necessarily conform to the master plan and he could not endorse it. She stated the Planning Commission could not endorse it either, and it came to the City Council unendorsed. She stated she has developed one acre lots in Little Valley, and still gets calls from people wanting to purchase one acre lots. She advised she has a marketing degree from Utah State University and knows from experience there is a great market for larger lots. She advised small lots can be found anywhere, but the larger lots must be preserved. She advised the City Council that they represented the people, and when they were voted into office, she had hopes they would listen and vote the will of the people. She stated she hoped the Mayor and City Council would listen to the people. Curt Johnson commented that Middleton is zoned RE-12.5, and he did not want the slum area of Middleton to come out to the Little Valley area. Tova Summerville stated the reason she moved to Little Valley was for the acreage and to have animals and participate in agricultural events. She stated that livestock shows were a valuable program for children, and should not be pushed out of the area. Jeff Holt advised that many areas in Little Valley could be developed in smaller lots, and access would be by way of 2450 South. He stated 2450 South could not handle that much traffic, and inquired about traffic planning. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Orton inquired how many acres Little Valley consisted of. Councilmember Gardner guessed there could be 500 acres. He stated he was concerned when the Little Valley SID was approved because he did not think the formula for assessments was fair in that property being developed into small lots was treated the same as one to two acre lots, regardless of how many dwelling units would be built. He said he still struggled with how to work out the needs of all involved, however it is difficult to impose a SID and then not allow a developer to recoup the value of his improvements. He stated that the City Council does not represent everyone, as half see things one way and the other half another way. The City Council looks at a situation and tries to make the right choice, and if anyone voted for a Councilmember thinking he or she would agree with them on every issue, they will be disappointed as Councilmembers are independent thinkers and vote their conscience. They are not swayed by intimidation or public clamor and try to be sensitive to the issues. He advised he has always be