City Council Minutes

Thursday, July 27,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JULY 27, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Larry Gardner Councilmember Rod Orton Councilmember Bob Whatcott Councilmember Suzanne Allen City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Mayor Daniel McArthur Councilmember Sharon Isom OPENING: Mayor Pro Tem Gardner welcomed all in attendance and called the meeting to order. A motion was made by Councilmember Whatcott to appoint Councilmember Larry Gardner as Mayor Pro Tem in Mayor McArthur’s absence. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye The motion carried. The flag salute was led by Water and Power Director Wayne McArthur, and the invocation was offered by Jeff Morby. Mayor Pro Tem Gardner recognized several young women in the audience from the St. James Ward who were attending the meeting as part of the Achievement Days program. Mayor Pro Tem Gardner recognized Jesika Henderson, America’s Junior Miss. He congratulated her on this achievement and presented her with a bouquet of roses on behalf of the City. PRESENTATION TO DAVID PURSLEY: Presentation from Ms. Darcy Hansen, Utah State PTA Community Involvement Commissioner. Darcy Hansen, Utah State PTA Community Involvement Commissioner, presented David Pursely with a plaque in recognition of his concern for arts in the community and efforts to provide art experiences for children. The Mayor and Council wished him well in future endeavors as he leaves employment with the City. ORDINANCE: Consider approval of an ordinance changing the zone from RE-20 to RE-12.5 on 35.523 acres located on 2550 East and 2450 South. Derrill Larkin, applicant, read a letter advising that he was withdrawing this request for a zone change. AWARD OF BID: Consider award of bid for Southgate netting replacement project. Purchasing Agent Sue Swensen presented two bids received: Judge Netting $43,106; Kirkland Fence $36,255. She advised the Power Department will install the poles which will lower the bids. She advised the netting is for replacement of existing netting and additional netting on the north side of Hole St. George City Council Minutes July 27, 2000 Page Two 7 and the maintenance shed. She recommended award to the low bidder, Kirkland Fence, in the amount of $33,055. A motion was made by Councilmember Orton to award the bid to Kirkland Fence in the amount of $33,055. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. AWARD OF BID: Consider award of contract for merchant credit cards for the City. Purchasing Agent Sue Swensen presented three bids received: Zions Bank $54,028.45; ECHO $45,654.27; First Security Bank $42,211.02. She recommended utilization of the State contract with First Security Bank for merchant card processing in the amount of $42,211.02. She advised that estimated annual fees were based on 1999 sales amounts. A motion was made by Councilmember Allen to award the contract to First Security Bank under the State contract in the amount of $42,211.02. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. ORDINANCE: Consider approval of an ordinance amending Section 3-10 of the Zoning Ordinance to limit the area of accessory buildings to 25% of the lot area in A-1 and residential zones. City Manager Gary Esplin introduced Mark Bradley, the City’s new Associate Planner. Mr. Esplin advised the public hearing was closed at the last meeting, and a field trip was taken to the Little Valley area. City Manager Gary Esplin advised the ordinance pertains to A-1 or residential zones only, and any parcel over one acre would not be affected. Councilmember Gardner inquired if the 25% lot area included the entire lot or just the backyard area. City Attorney Jonathan Wright advised the ordinance designates the entire lot area. Councilmember Whatcott commented in that event, someone could construct a 10,000 sq. ft. accessory building and a 5,000 sq. ft. home on a one acre lot. Councilmember Orton suggested additional time be taken to redraft the ordinance to address different types of accessory buildings. He stated he felt it was excessive to allow an accessory building to be 25% of the lot area. St. George City Council Minutes July 27, 2000 Page Three City Attorney Jonathan Wright advised the easiest way to address concerns with the ordinance would be to tighten up the limitation on the size of accessory buildings, and then allow for a conditional use permit if a larger accessory building was needed, with each request being considered on a case by case basis. A motion was made by Councilmember Orton to table the matter. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. ORDINANCE: Consider approval of an ordinance vacating a portion of 300 South Street east of River Road. Woodbury Corporation, applicant. City Manager Gary Esplin explained this request is similar to another where the City vacated its interest in 500 South Street east of River Road. However, according to the title company, the City has no real interest in this property from a legal standpoint. He advised the petition for vacation was signed by all adjacent property owners. A motion was made by Councilmember Orton to approve by ordinance the vacation of 300 South Street east of River Road. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Mayor Pro Tem Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember allen - aye The motion carried. RESOLUTION: Consider approval of a resolution indicating the City’s opposition to efforts to remove the Colorado River Energy Project Dams or drain those said dams. City Manager Gary Esplin explained that dams along the Colorado River provide power to municipalities in the western United States. It is the recommendation of staff and the Water and Power Board that the City Council approve a resolution, drafted by UAMPS, expressing opposition to efforts to reduce availability of hydroelectric power to communities by removing these dams. Water and Power Director Wayne McArthur read the resolution. He advised the electricity provided by dams along the Colorado River is the cheapest and best resource the City has for power, and the dams are very important for water and power supply. A motion was made by Councilmember Orton to approve a resolution opposing any effort to remove Colorado River storage. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye St. George City Council Minutes July 27, 2000 Page Four The motion carried. RESOLUTION: Consider approval of resolution abandoning a portion of a limited common area in Sienna Canyon at Webb Hill Subdivision Phase I. Leucadia Corporation, applicant. City Manager Gary Esplin advised the applicant would like to include a portion of the limited common area in Lot 52 in order to enlarge it. Staff has reviewed the request and recommends approval. A motion was made by Councilmember Whatcott to approve a resolution abandoning a portion of the limited common area in Sienna Canyon at Webb Hill Subdivision Phase I. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. SET PUBLIC HEARINGS: City Manager Gary Esplin advised that the Planning Commission, at its meeting of July 11, 2000, recommended that public hearings be scheduled for August 17, 2000 at 5:00 p.m. to consider (1) an amendment to the General Land Use Map from low density residential to commercial for property located at 1400 W. Snow Canyon Parkway, and (2) a zone change from R-1-8 to R-2 for property located at 458 West 600 North. A motion was made by Councilmember Orton to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. PRELIMINARY PLAT APPROVAL: City Manager Gary Esplin advised that the Planning Commission, at its meeting of July 11, 2000, recommended approval of the preliminary plat for French Quarters Phase 2 at Sunbrook, with the condition that Lots 4-7 have a 25’ rear setback to the property line. A motion was made by Councilmember Allen to approve the preliminary plat subject to the stipulations of the Planning Commission. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. St. George City Council Minutes July 27, 2000 Page Five FINAL PLAT APPROVAL: City Manager Gary Esplin advised that the Planning Commission, at its meeting of July 11, 2000, recommended approval of the amended final plat for Sienna Canyon at Webb Hill Phase I, and the final plat for Sienna Canyon at Webb Hill Phase II. A motion was made by Councilmember Whatcott to approve the final plats as recommended by the Planning Commission, and authorize the Mayor to sign them. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. TEMPORARY USE OF PROPERTY FOR CARGO AND UTILITY TRAILER SALES: Consider a request from Mr. Martin Lustig for temporary use of the property at the corner of Hilton Drive and Bluff Street for sale of cargo and utility trailers. Mr. Lustig explained he was not applying for a temporary use permit, but a waiver of the sidewalk requirement. City Manager Gary Esplin advised that Mr. Lustig would like a waiver of the sidewalk requirement due to his short use of the property. He advised there was not any sidewalk located adjacent to this area, this parcel dead-ends into the City’s trail system, and there is no way to place a sidewalk on the east side of the road. Mr. Lustig explained the property in question is an island and located on an unusual site. He advised he would install curb and gutter all the way around the property and provide landscaping. He plans on constructing a small office building with parking all around the office building on asphalt. He advised a traffic study has been done for the area, and it indicated the low volume of traffic would not require an additional study. Mr. Lustig advised he was not opposed to placement of sidewalk on the north side of his property. City Manager Gary Esplin advised that approval of his request would not require installation of sidewalk, however, if use of the property changed, sidewalk would be required. He recommended a review on an annual basis to monitor use of the property. Mr. Lustig advised he had a three year lease on the property. Councilmember Orton suggested a review be performed in three years. Councilmember Whatcott inquired about landscaping on the back side of the property along the trail, curbing, and the angle and placement of the entrance. Mr. Lustig replied that no landscaping will be provided along the back of the property, but it would be graveled and weed free. Curbing will end at the end of the property, and the entrance to the property will be 100-200’ from the curve of Hilton Drive where it meets Bluff Street. City Manager Gary Esplin advised that the City’s engineering department would have to review the site distance. He commented he hoped this entrance to the City would be maintained in an orderly manner and improvements properly placed. Mr. Lustig replied he would make the project attractive. St. George City Council Minutes July 27, 2000 Page Six Mr. Esplin commented the landscaping did not have to be green, but could consist of trees and rocks to match the adjacent landscaping. A motion was made by Councilmember Orton to approve a temporary waiver of the sidewalk requirements for a three year period subject to continued upkeep of the property and landscaping as proposed. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. SPECIAL EVENT PERMIT FOR DANCE: Consider a request for a special event permit for a dance. Adam Pickelsimer, applicant. This item was tabled at the request of the applicant. ROUNDABOUT AGREEMENT: Consider approval of an agreement between the City of St. George, Utah Department of Transportation, and Walmart Stores, Inc., for construction of a roundabout at the Bloomington Interchange. This item was rescheduled for the City Council meeting of August 3, 2000. ANNEXATION PETITION: Consider acceptance of the annexation petition for a proposed annexation of 1030 acres located on both sides of the I-15 freeway near the Port of Entry at the Utah/Arizona border. City Manager Gary Esplin explained the City has received a request for annexation of 1,030 acres located adjacent to the southernmost City boundary and would encompass property on both sides of the I-15 freeway to the Arizona border. The applicants are School Trust Lands and Sun River. This request was previously approved by the City Council, but an error was later found in the petition. A motion to accept the petition for annexation was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. REQUEST FOR BEER LICENSE: Consider a request for approval of a beer license for the Sinclair Station at 994 East St. George Blvd. Ernie Hafen, applicant. City Manager Gary Esplin explained this request was tabled from the last City Council meeting agenda because the applicant was not present. His application has been reviewed by the Police Department and no areas of concern were found. Staff’s concern with the request was the amount of area devoted to the sale of convenience food items. St. George City Council Minutes July 27, 2000 Page Seven Ernie Hafen, applicant, explained he is trying to enlarge the convenience portion of his service station. The building will be 2,300 sq. ft., with 1,380 sq. ft. devoted to the sale of beer, fountain drinks, snacks and other food items. A motion was made by Councilmember Allen to approve issuance of the beer license. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. CONTRACT TO PURCHASE WATER: Consider approval of a contract to purchase water from Mr. Dennis Stucki. City Manager Gary Esplin explained staff and the Water and Power Board recommend that the City enter into an agreement with Dennis and Shirley Stucki for purchase of 0.95 cubic feet per second of irrigation water from the Virgin River for the irrigation of 52.02 acres. The City would pay $512.62 per acre foot of water, for a total purchase price of $160,000. It is the City’s practice to purchase as much water as possible. A motion was made by Councilmember Orton to approve the contract as recommended. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. POLICY RE INSTALLATION OF CULINARY AND IRRIGATION WATER LINES: Consider approval of policy on installation of main line culinary and irrigation water distribution lines for the City of St. George. City Manager Gary Esplin explained that the Water and Power Board is recommending a change in the Water Department’s policy concerning installation of main culinary and water distribution lines. Because of the sensitive nature of the lines, the City needs to make sure the lines are properly installed, and they are proposing that any contractor who installs these lines be prequalified. Councilmember Orton commented this policy is consistent with other areas of the City for installation of power lines, golf course improvements, the new tennis facility, etc. Mayor Pro Tem Gardner commented the City should be aggressive in inviting people to qualify. City Manager Gary Esplin stated it was to the City’s benefit to get as many qualified as possible. A motion was made by Councilmember Orton to approve the policy as recommended by the Water and Power Board. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: St. George City Council Minutes July 27, 2000 Page Eight Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. Carol Sapp inquired about the minimum size of line, and was informed it was 6". Water and Power Director Wayne McArthur advised the City would give contractors until October 1 to get prequalified, and this policy applies to public improvements only. Mayor Pro Tem Gardner commented it was not the City’s intention to compete with private contractors. AGREEMENT TO UPSIZE SEWER LINE TO SNOW CANYON DEVELOPMENT: Consider approval of an agreement to upsize sewer line to the Snow Canyon Development Project. City Manager Gary Esplin explained this is a proposed agreement with Snow Canyon Development Company to upsize the sewer line in the area immediately west of Entrada along the Sand Hollow Wash. It is anticipated that future development along U-18 will connect to the City’s regional wastewater system and the site of this connection is the only possible site to accommodate this future use. Mayor Pro Tem Gardner declared a potential future conflict. City Manager Gary Esplin explained this request is not out of the ordinary as the City requires upsizing of lines throughout the City and is good planning as other areas of the County such as Winchester Hills may be served by the treatment plant in the future. The cost to place this line is $97,313 and will save the City the cost of installing 3,600 feet of sewer line or $68,000. A motion was made by Councilmember Whatcott to approve the agreement. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the Special Meeting held June 29, 2000. A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. Consider approval of the minutes of the regular City Council meeting held July 6, 2000. St. George City Council Minutes July 27, 2000 Page Nine These minutes will be considered for approval on the City Council agenda of August 3, 2000. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss personnel issues was made by Councilmember Allen. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. RECONVENE: A motion to reconvene was made by Councilmember Allen. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. DISCUSSION RE WATER CONSERVATION: City Manager Gary Esplin advised that water on the west side of town was holding its own. Mayor Pro Tem Gardner suggested if conservation methods were enforced, that everyone cut back on their watering by five minutes, instead of limiting watering to every other day. City Manager Gary Esplin advised that Ivins is taking 1,000 gallons a minute under an old agreement with the City for surplus water. This agreement can be terminated at any time, but the City is giving Ivins additional water to see them through and charging them a fixed cost for the water. Mr. Esplin advised Ivins entered into an agreement with the Washington County Water Conservancy District for purchase of additional water. Mayor Pro Tem Gardner commented if there was surplus water in Quail Creek, the City should purchase it. City Manager Gary Esplin advised there will also be additional water when Sand Hollow comes on line, but the City will have to build another treatment plant. Ivins is willing to trade shares of water if the City has the capacity on the west side to take care of it. However, right now Ivins does not own any water and will have to find some on the west side to trade to the City. At present the City cannot treat any more water nor transmit it as it is at capacity. Additional water will not do the City any good unless a new treatment plant and transmission line are built, and there is no way to do that without raising rates significantly. UPDATE ON SHIVWITS WATER SETTLEMENT: City Manager Gary Esplin advised the Shivwits settlement passed the House and is currently in the Senate. If there is no opposition, as soon as it is approved the City will try to obtain funding this year. St. George City Council Minutes July 27, 2000 Page Ten PARK RESERVATION FEES: Mayor Pro Tem Gardner inquired about the cost to reserve a park. He was informed the fee depends on the size of the group and is figured on a sliding scale. FIRST NIGHT: City Manager Gary Esplin advised that First Night will be held on Saturday night this year, as New Year’s Eve falls on a Sunday. DISCUSSION RE 900 SOUTH DRAINAGE: Mayor Pro Tem Gardner advised that the City has dammed up property adjacent to the proposed 900 South and created wetlands on adjoining property. Annie Jennings has a charitable remainder trust and is willing to give the City 25% to 50% of the value of the trust to earmark for the downtown project if the City will fix the problem and put the road in. The cost to the City would be $250,000. City Manager Gary Esplin commented the City Engineer needed to be consulted and cost projections obtained. DISCUSSION RE TREES ALONG ST. GEORGE GOLF CLUB: Councilmember Orton advised he and Councilmember Whatcott made an on-site visit to view the trees which will eventually obstruct the view of a resident adjacent to the golf course. He advised it will be years before the trees obstruct the view, and if the City were to agree to remove the trees, the City would be receiving similar request from all over the City. He stated in his opinion the trees did not create a problem. ADJOURN: A motion to adjourn was made by Mayor Pro Tem Gardner. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. The meeting adjourned at 6:30 p.m. ________________________________ Gay Cragun, City Recorder