City Council Minutes

Thursday, December 7,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING DECEMBER 7, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Robert Whatcott Councilmember Suzanne Allen Councilmember Rod Orton City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Larry Gardner OPENING: Councilmember Whatcott called the meeting to order and welcomed all in attendance. APPOINT MAYOR PRO TEM: A motion was made by Councilmember Allen to appoint Councilmember Whatcott as Mayor Pro Tem in the Mayor’s absence. The motion was seconded by Councilmember Orton. Councilmember Whatcott called for a vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. The invocation was offered by Joe Vincent, and the flag salute was led by Marc Mortenson. RECOGNIZE NATIONAL SOCCER CHAMPIONS: Mayor Pro Tem Whatcott welcomed members of the Dixie State College Women’s Soccer Team who recently won the National Junior College Athletic Sportsmanship Award for the 2000 season, and the National Championship Title. He then read a proclamation and presented each player and their coach, Rob Dahl, with a Key to the City Ambassador Award plaque and congratulated the team on their outstanding achievement. AWARD OF BID: Consider award of bid for the purchase of a control valve for the Pine Valley Hydro Plant. Purchasing Agent Sue Swensen recommended approval of a sole source purchase of a control valve from Hydrosol in the amount of $32,000. She explained this is the only valve manufactured which will handle the pressure and cavitation problems associated with this outlet, and will result in a savings of $90,000 a year in water which is currently being lost. A motion was made by Councilmember Allen to approve the sole source purchase of a control valve from Hydrosol in the amount of $32,000. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes December 7, 2000 Page Two AWARD OF BID: Consider award of bid for a tree trimming contract for next year for the Power Department. Purchasing Agent Sue Swensen advised that three bid packages were sent out, but only one bid was received from Asplundh Tree Expert Company. She recommended award of a blanket contract for one year to Asplundh Tree Expert Company in the amount of $33,109.30. The average for the past three years for this service is $30,336. A motion was made by Councilmember Orton to award a blanket contract for one year to Asplundh Tree Expert Company in the amount of $33,109.30. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of fuel for the year 2001 for City operations. Purchasing Agent Sue Swensen presented three bids received: Holt Oil Company $2,635,345 Dats dba Overland Petroleum $2,176,250 Tri Valley Distributing $2,594,200 She recommended award to the low bidder, Dats dba Overland Petroleum, in the amount of $2,176,250. She advised the fuel will also used for the diesel plants, and unleaded and diesel fuel are both included in the bid. Dats will price-shop for the cheapest rate for the fuel and will pass along any savings to the City. A motion was made by Councilmember Orton to award the bid to Dats dba Overland Petroleum in the amount of $2,176,250. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of jersey barricades for the Snow Canyon Trail project. Purchasing Agent Sue Swensen advised that three bid packages were sent out, but only one bid was received from Sorden’s Cast-Crete. She recommended award of the bid to Sorden’s Cast-Crete in the amount of $29,586.20. City Manager Gary Esplin advised that purchase of these barricades is necessitated by the close proximity of the Snow Canyon Parkway trail with Snow Canyon Parkway and the barricades are needed for pedestrian safety. When the trail is relocated, the barriers will be used in other areas of the City. A motion was made by Councilmember Allen to award the bid to Sorden’s Cast-Crete in the amount of $29,586.20. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a vote, as follows: St. George City Council Minutes December 7, 2000 Page Three Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider approval of a professional services contract for a comprehensive business plan for the telecommunications study. Purchasing Agent Sue Swensen advised this contract was previously approved by the Water and Power Board who recommends award to Uptown Services in the amount of $25,000. A motion was made by Councilmember Orton to award the contract to Uptown Services in the amount of $25,000. City Manager Gary Esplin explained the purpose of the contract is to look at the feasibility of becoming involved in the telecommunications area, as many communities are now becoming involved in telecommunications The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. EXCUSE MAYOR AND COUNCILMEMBERS: Mayor Pro Tem Whatcott excused Mayor McArthur and Councilmembers Isom and Gardner, and explained all three were out of town. ORDINANCE: Consider amendments to the City’s Pretreatment Ordinance. This item was tabled. ORDINANCE: Consider approval of an ordinance for a special exception to the Zoning Ordinance and Sign Ordinance to allow YESCO to relocate an existing non-conforming sign at Sunset Blvd. and Bluff Street. City Manager Gary Esplin explained this issue was discussed at length at the last City Council meeting, at which time the City Council instructed staff to prepare an ordinance allowing relocation of the billboard sign to the south side of Bluff and Sunset. The ordinance will expire January 1, 2011. A motion was made by Councilmember Allen to approve the ordinance. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a roll call vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. CONDEMNATION RESOLUTION: Consider approval of a resolution condemning rights-of-way for the Little Valley Special Improvement District project. St. George City Council Minutes December 7, 2000 Page Four City Manager Gary Esplin explained the Little Valley special improvement district project was approved months ago, and the City is now in the design stage and attempting to acquire rights-of-way for road and sewer improvements. The City is unable to secure some of the rights-of-way needed, and staff is recommending condemnation if these rights-of-way cannot be negotiated. City Engineer Dave Demas advised the cost for three and possibly four pieces of property needed is estimated to be $15,000. However, negotiations continue with the property owners and there is a possibility condemnation will not be needed. A motion to approve the condemnation resolution was made by Councilmember Orton. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a roll call vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 28, 2000, recommended public hearings be scheduled for January 4, 2001 at 5:00 p.m. to consider approval of (1) a zone change from R-1-10 to R-3 on 10 acres located on the west side of Tonaquint Drive across from the Joshuas and also to change the zone from R-3 to PD for 10 acres located north of the Joshuas; and (b) to consider removal of a short road segment from the Road Master Plan located along the Cottam property line east of River Road and north of The Foothills between the Ft. Pearce Drive and River Road intersection and the 2330 South and River Road intersection. A motion to set the public hearings as recommended by the Planning Commission was made by Councilmember Allen. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit to extend the time limit for the Methodist Church to be located at 2070 South Tonaquint Drive. Associate Planner Mark Bradley advised a conditional use permit for this project was approved approximately one year ago, and the Planning Commission, at its meeting held November 28, 2000, recommended approval of a two year extension under the same conditions. Mayor Pro Tem Whatcott questioned the reason for granting a two year extension, as only a one year extension is provided for by City Code. Councilmember Allen explained the Planning Commission felt a two year extension was appropriate because of extenuating circumstances. Mr. Bradley advised that the applicant did not request a two year extension; it was offered by the Planning Commission. A motion to approve the conditional use permit for a period of one year was made by Councilmember Orton. The motion was seconded by Councilmember Allen. St. George City Council Minutes December 7, 2000 Page Five A representative of the applicant advised a one year extension was satisfactory, and construction was scheduled to begin in January or February, 2001. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit to increase the number of students from 60 to 128 for the Red Rock Canyon School located at 700 E. St. George Blvd. Frank Habibian, applicant. This item was tabled. PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 28, 2000, recommended approval of the preliminary plat for Riverside Heights Phase E subject to the following conditions: (1) the developer comply with the City Engineering Department’s requirements regarding drainage; (2) the final plat must show a 15’ easement on the south side of Lots 86 and 87; and (3) landscape and fence drawings, details, and notes must be submitted along with the final plat to the Planning Commission. In addition, the Planning Commission expressed concern that drainage issues in the area should be resolved. Councilmember Allen advised that additionally the Planning Commission wanted it noted on the plat that the front yards must be landscaped before occupancy. She stated the final plat should indicate the drainage easement, and that drainage be required to be retained on each lot and not allowed to run onto neighboring properties. She made a motion to approve the preliminary plat subject to the recommendations of the Planning Commission and advised Engineering staff to be sure drainage problems were completely mitigated in the project. Councilmember Orton seconded the motion. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. AMENDED PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 28, 2000, recommended approval of the amended preliminary plat for Pine View Commercial Subdivision. Kent Garrett advised he has been working with the City on behalf of this project, and five parties have come together on a difficult plan. There is still one last piece needed to complete the project before improvements can proceed. This project also involves a road dedication and mandatory turn-around in order for the School District to agree to the project. A motion was made by Councilmember Orton to approve the amended preliminary plat as requested. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye St. George City Council Minutes December 7, 2000 Page Six The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 28, 2000, recommended approval of the final plat for South Pointe Subdivision Phase 7 with the recommendation that the City maintain the 5’ landscape strip along 350 North as requested by the applicant. Additionally, the sidewalk along 350 North will be 4’ instead of 5’ as shown on the construction drawings. The City does not normally maintain landscape strips along streets less than 60’ wide, but the subdivision is a conventional one and will not have a homeowners association or responsible party to care for the landscape strip which will be located outside of the privacy wall. Another option is to require rockscape in the landscape strip for low maintenance. City Manager Gary Esplin advised that maintaining landscape strips along roads less than 60’ in width would set a bad precedent, and staff’s recommendation is to require rockscape and sterilize the ground underneath. City Attorney Jonathan Wright explained that a homeowners association could be required just for maintenance of the landscape strip. Mayor Pro Tem Whatcott questioned why homes were allowed to put a block wall against the roadway and not use the roadway as frontage. Community Development Director Bob Nicholson advised the developer was trying to minimize double frontage lots, and was concerned about steep driveways as there is a grade change on the property. There are also three power poles that run along the property which end up being in the front yards. In addition, the subdivision across the street is one of the oldest in St. George, and the developer was concerned about marketability. There are also drainage concerns. A motion was made by Councilmember Orton to approve the final plat with a 5’ rockscaped planter strip which the City will maintain, and authorize the Mayor to sign the final plat. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. DESIGNATION OF BUS PARKING STALLS: Consider a request from merchants in Ancestor Square for designation of bus parking stalls on 200 North between Main Street and 100 West. City Manager Gary Esplin explained the City received a request from Ancestor Square merchants to designate two bus parking stalls on 200 North between Main St. and 100 West, with the intent to entice tour buses to the downtown area. The City would be responsible for enforcement. The Brigham Young home does not object to the request. The parking would be open to any bus and will be designated with a sign or striping. Staff’s only concern is with enforcement, and recommends approval on a trial basis. Police Chief Flowers indicates no problem with the request. A motion was made by Councilmember Orton to approve the request for a period of one year, with a review after that time. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye St. George City Council Minutes December 7, 2000 Page Seven The vote was unanimous and the motion carried. REQUEST FOR BEER LICENSE: Consider a request for approval of a beer license for Fabulous Freddie’s Car Wash located at 134 South River Road. City Manager Gary Esplin advised the applicant’s application was in order and staff recommends approval of the request. Fred Smith, owner, advised the facility would include a full service car wash, detail shop, gas station, and convenience store. The facility is scheduled to open in two to three weeks. Councilmember Allen pointed out that the request meets all proximity requirements of the City’s ordinance. A motion was made by Councilmember Orton to approve the beer license as requested. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. REQUEST FOR LIMOUSINE/TAXI BUSINESS LICENSE: Consider a request for a business license for a limousine and taxi service. Limousine and Taxi Service, applicant. Councilmember Orton commented there is currently no limousine service in St. George. Kelton Gubler, owner of Quality Cab, advised that every limousine business which operated in St. George eventually went broke, and local cab businesses are now under assault by the public transportation service. The applicant advised he would begin his business with one limousine and expand as needed. He advised he would like to operate from Brian Head to Vegas. A motion was made by Councilmember Allen to approve the request for a business license. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. ENGINEERING SERVICES AGREEMENT: Consider approval of an engineering services agreement between the City of St. George and Creamer & Noble Engineering for design and construction engineering for the Bloomington Ranches Special Improvement District 2000-1. City Manager Gary Esplin advised that staff recommends approval of a contract with Creamer & Noble Engineering for engineering services for SID 2000-1 in the amount of $95,100. Construction is expected to begin in April and finish two and a half months later. St. George City Council Minutes December 7, 2000 Page Eight Councilmember Orton inquired if another special improvement district could be created if enough interest is expressed by other residents of Bloomington Ranches. Roger Bundy advised that SID 2000-1 comprised 46 lots, but another special improvement district could be created, and in fact a petition was now being circulated in favor of one. A motion was made by Councilmember Orton to approve the agreement as requested. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from Open Space to R-1-10 for .25 acre to be added to the R-1-10 portion of a lot for a home at 3763 Caribbean Circle. Art Barney, applicant. Community Development Director Bob Nicholson advised that the balance of the applicant’s lot would remain Open Space, but they would like to add a portion to the R-1-10 zoned portion. An erosion control study was performed by Rosenberg Associates at the request of staff with recommendations for measures needed for erosion control. The property is located 1300’ from the Virgin River, but the river has meandered as much as 2000’ in the past. The erosion study report states it is reasonably safe to develop the lot subject to four recommendations: (1) compliance with the site grading and erosion control plan, bank stabilization improvements, and certification from a qualified professional engineer that the work completed is in compliance with plans and specifications; (2) local, state and federal permits to develop in the 100 year floodplain are obtained; (3) access to the rear of the property from the public street is maintained to permit construction equipment access for erosion control and to install additional bank stabilization improvements if necessary; and (4) the property owner must acknowledge and fully accept the risks of potential damage from flooding and erosion. City Attorney Jonathan Wright advised a hold-harmless clause would be included as a deed restriction to run with the land and bind successors and assigns. Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, Mayor Pro Tem Whatcott closed the public hearing and called for a motion. A motion was made by Councilmember Allen to approve, by ordinance, the zone change as requested, subject to the recommendations of the erosion control study. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a roll call vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND HILLSIDE OVERLAY ZONE MAP/ORDINANCE: Public hearing to consider an amendment to the Hillside Overlay Zone Map to include The Plantations and Leucadia South Block parcels. Initiated by the City of St. George. St. George City Council Minutes December 7, 2000 Page Nine Community Development Director Bob Nicholson advised this was a housekeeping item, and the Hillside Overlay Zone Map should have been amended at the time of annexation to include The Plantations and South Block parcels. Mayor Pro Tem Whatcott opened the public hearing. Rob Read, Rosenberg Associates, advised that 75% of The Plantations project contains slopes of 0-15% and is developable. Community Development Director Bob Nicholson advised that only those areas with slopes greater than 15% would be subject to hillside review. There being no further public comment, Mayor Pro Tem Whatcott closed the public hearing and called for a motion. A motion was made by Councilmember Orton to approve, by ordinance, amendment to the Hillside Overlay Zone Map to include The Plantations and South Block parcels. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a roll call vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held November 9, 2000. A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Allen. Mayor Pro Tem Whatcott called for a vote, as follows: Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss personnel items was made by Councilmember Allen. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a roll call vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. RECONVENE AND ADJOURN: A motion to reconvene and adjourn was made by Mayor Pro Tem Whatcott. The motion was seconded by Councilmember Orton. Mayor Pro Tem Whatcott called for a motion, as follows: Mayor Pro Tem Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye St. George City Council Minutes December 7, 2000 Page Ten The vote was unanimous and the motion carried. The meeting adjourned at 6:00 p.m. ________________________________ Gay Cragun, City Recorder