City Council Minutes

Thursday, December 21,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING DECEMBER 21, 2000, 4:00 p.m. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Rod Orton Councilmember Bob Whatcott Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Larry Gardner 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 invocation was offered by Councilmember Orton and the flag salute was led by Councilmember Isom. INTRODUCTION OF INTERIM POLICE CHIEF: Police Chief Robert Flowers thanked the Mayor and Council for the honor and opportunity to serve as Chief of Police, and introduced the Interim Chief of Police, Marlon Stratton. Chief Stratton stated he appreciated the opportunity to serve as Interim Chief of Police. He thanked Chief Flowers for his past leadership. PRESENTATION OF AWARD: Assistant Leisure Services Director Herb Basso presented the Mayor and Council with the National Softball Association Outstanding Park Award for the Canyons complex for the third year in a row. Staff members Stan Mosley, Larry Patterson, Wesley Witt, and Bill Given were recognized for their efforts in making this award possible. Councilmember Gardner arrived. CONSENT CALENDAR: Consider approval of the financial statement for November, 2000. A motion to approve the financial statement as presented was made by Councilmember Isom. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for construction of cart paths for various City golf courses. This item was tabled. AWARD OF BID: Consider award of a blanket contract for screen printing for the City. Purchasing Agent Sue Swensen presented bids received from four vendors for blanket screen printing services. A copy of the bids received is attached hereto as Exhibit "A." Ms. Swensen recommended award of the bid in a total amount not to exceed $75,000 to Mega Pro, Power Lounge, and Xtreme Edge. Staff will go to the lowest vendor for each particular item to see if the deadline can be met. If the deadline cannot be met, staff will then contact the vendor with the next lowest bid. St. George City Council Minutes December 21, 2000 Page Two City Manager Gary Esplin explained that the cost of T-shirts and other items which are screen printed are covered by registration fees for each particular event. A motion was made by Councilmember Gardner to award the bid in the total amount of $75,000 to be split between the three vendors - Mega Pro, Power Lounge, and Xtreme Edge. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for improvements at the Leisure Services building. This item was tabled. FRANCHISE ORDINANCE: Consider approval of an ordinance granting an electric utility franchise to Dixie Escalante Rural Electric Association; providing rules governing the use; and providing an effective date and term. City Manager Gary Esplin advised approval of the ordinance will grant a ten year franchise to Dixie Escalante Rural Electric Association to provide electrical service to the area they currently serve. The franchise provides for an 18 month notice requirement in the event either party desires to terminate the agreement. The franchise also allows the City of St. George to serve power to City-owned facilities within the franchised area, if desired. The franchise also provides for a 6% municipal energy sales and use tax. Mr. Esplin added that it would be almost impossible for the City to take over Dixie REA’s system without causing a significant increase in the existing base, and Dixie REA is providing good service. A motion to approve the franchise ordinance as presented was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember 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 of December 12, 2000 recommended that a public hearing be scheduled for January 18, 2001 at 5:00 p.m. to consider approval of a zone change from A-1 to RE-20 for 18.31 acres located east of River Road on 2800 South Street. Norman Sturdevant is the applicant. The Planning Commission also recommended that a public hearing be scheduled for January 18, 2001 at 5:00 p.m. to consider approval of a zone change from C-2 to C-3 for property located south of the St. George Blvd. Sinclair station on 1000 East. John and Gail Graham are the applicants. A motion was made by Councilmember Isom to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: St. George City Council Minutes December 21, 2000 Page Three Councilmember Isom - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting of December 12, 2000, recommended approval of the final plat for Paradise Canyon Phase III subject to reducing the pad on Lot 135 five feet away from the rock ledge towards the east to comply with the condition set at the time of preliminary plat approval, that being that development of Lots 135 and 136 not disturb the natural rock ledge. Milo McCowan is the applicant. A motion was made by Councilmember Whatcott to approve the final plat subject to the recommendations of the Planning Commission, and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Gardner - aye Councilmember Allen - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 12, 2000, recommended approval of the final plat for Sienna Canyon at Webb Hill Phase III. The only change from the preliminary plat is that Lot 51 has been relocated. This phase contains 54 units, one less than the maximum allowed. A motion was made by Councilmember Isom to approve the final plat as recommended by the Planning Commission, and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 12, 2000, recommended approval of the final plat for 476 East Riverside Center located at 476 E. Riverside Drive. Lynette Miller is the agent for the developer, Paul Snow. A motion was made by Councilmember Whatcott to approve the final plat as recommended by the Planning Commission, and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: St. George City Council Minutes December 21, 2000 Page Four Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Orton - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 12, 2000, recommended approval of the final plat for Blackrock Condominiums at Stonebridge Amended and Extended. Brian McMullin is the applicant. A motion was made by Councilmember Orton to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Isom - aye The vote was unanimous and the motion carried. ARCH COVERED ENTRY GATEWAY APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 12, 2000, recommended approval of an arch covered entryway at the Bellasera Subdivision (formerly Torrey Palms Townhomes at Sunbrook) subject to: (1) City Engineer review (2) The Homeowner’s Association will be responsible for maintenance of the structure and any repairs if damaged; and (3) The applicant will comply with the City Engineer’s requirements: (a) Minimum height should be 15’3" for resurfacing work; (b) The structure must be designed by a licensed engineer with a P.E. stamp; and (c) Structure calculations must be provided with the plans for review. City Attorney Jonathan Wright advised that Fire Chief Robert Stoker reviewed the plans and elevations for the structure and it is suitable for fire trucks and engines to pass under. A motion was made by Councilmember Gardner to approve the arch covered entry gateway subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Consider approval of the final plat for Pine View Commercial Center Subdivision. St. George City Council Minutes December 21, 2000 Page Five Councilmember Isom declared a conflict of interest as her employer is handling the title work for the project, but she advised she would participate. Councilmembers and staff commended Kent Garrett and Ron Read who spent many hours to bring this project to a successful conclusion. A motion to approve the final plat and authorize the Mayor to sign it was made by Councilmember Orton. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for a retail/office building approximately 62 feet in height on the northeast corner of Main and Tabernacle Streets. Mans Jennings, applicant. Councilmember Gardner declared a conflict of interest and advised he would leave the stand. Councilmember Whatcott inquired if the rendering presented at this meeting was the same as the preliminary drawings shown previously to the Mayor and Council. Councilmember Gardner advised the only change is due to requirements for the elevator and mechanics on top of the building. The Historic Preservation Committee also requested that the upper part of the building be trimmed with a parapet or cornice for decoration. Additionally, the building has been broken up to show a series of buildings, rather than just one. He then left the stand. Community Development Director Bob Nicholson advised that the building is taller than 35’ as allowed by the ordinance, and a conditional use permit is therefore required. The height from the sidewalk grade to the general roof line is 62’, and there is a pyramid-shaped sun roof at 68’, with an elevator shaft up to 71’. Other buildings taller than 35’ include the Hampton Inn, the Fairfield Inn, Boulevard Furniture, the J&J office building, the Abbey Inn, and the Snow Nuffer building. A sensitive issue exists, however, because of the proposed building’s proximity to the Tabernacle. The top of the roofline of the Tabernacle measures 45’, and 117.5’ to the top of the steeple. The Planning Commission and Historic Preservation Committee had mixed emotions, but recommended approval because of the desire to have an economic investment in the downtown area. They felt the economic benefit balanced the scale relative to the height of the building vs. the Tabernacle. Gilbert Jennings advised he represented various owners in the project. He advised that earlier drawings depicted the south side of the building at 58’, but it is now 62’. A five level parking terrace is also proposed with the City participating in the cost of the structure to provide additional public parking in the downtown area. 550 parking spaces are proposed, with half needed for the proposed project, and the other half available for use as public parking. In order to have the building balance with the size of the parking structure, the size of the building was increased and additional property acquired. Southern Utah Office will relocate to another location in downtown St. George and triple the size of their operation. Mr. Jennings explained that not only will the proposed building provide needed parking, it will also boost the image of the downtown area. Village Bank will take 27,000 sq. ft. of space on the first floor, with hopes of retail taking the remainder of the first floor. St. George City Council Minutes December 21, 2000 Page Six A motion to approve the conditional use permit as requested was made by Councilmember Allen. The motion was seconded by Councilmember Isom. Councilmember Whatcott commented that while everyone feels strongly about protecting historic buildings and maintaining their visibility, the proposed project will enhance the downtown area. City Manager Gary Esplin commented that without an anchor similar to the proposed building, other downtown businesses will not thrive and an opportunity to do something to help the downtown area will be lost. There are more pluses than minuses related to the project, it is a good project for the City, and staff supports it. Mayor McArthur called for a vote, as follows: Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Gardner abstained from voting. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-2 Duplex Residential to C-3 Commercial on .317 acres located at 165 North 200 West. Frank Fisher, agent for the Catholic Church, applicant. Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the zone change request in order to convert a residence to a book store for the Catholic Church. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Councilmember Isom to approve, by ordinance, the zone change as requested. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote, as follows: Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 Single Family Residential to PD Planned Development for 8.67 acres located north of Entrada on the east side of Snow Canyon Parkway for an addition to The Cliffs at Snow Canyon project. Randy Deschamps/Rick Smith, agents for the applicants. Community Development Director Bob Nicholson advised the applicants propose to add 8.67 acres located to the northeast to the project. This change will add 15 units to the project, an increase from 185 units to 200, but density will still be less than two units per acre. The Planning Commission recommended approval. Councilmember Isom declared a conflict of interest due to her employment, but advised she would participate unless there were objections. St. George City Council Minutes December 21, 2000 Page Seven Randy Deschamps advised there are currently two patio homes under construction, and all the rest of the homes will be of similar construction, i.e. single story, with a southwest design, facade and color. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Councilmember Whatcott to approve, by ordinance, the zone change as requested. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a roll call vote, as follows: Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential to PD Residential for The Plantations project located southwest of Sunbrook and west of Green Valley on 730.676 acres. Rick Rosenberg, agent for Group Management, Inc., applicant. Community Development Director Bob Nicholson advised the project had previously been approved twice, but this modified plan adds 200 residential units and deletes 9 holes from the proposed golf course. Public and private streets are proposed, with an overall density of 3.1 units per acre, not including the golf course and community center. The first phase will have access off Sunbrook Drive, and at some time in the future later phases would consider access off of Canyon View. The Planning Commission unanimously recommended approval, subject to the final plats being phased subject to water connection availability. Sidewalks are proposed for only one side of private streets, but public streets will have sidewalk on both sides. Rick Rosenberg advised that 731 acres are involved in the zone change at this time, and the applicant is participating up to $560,000 in a special improvement district for the Santa Clara sewer trunkline and also participating in payment of up to $416,000 for the water line project to the new Green Valley water tank. He advised that even though the applicant has not been developing lots, it has been expending funds to begin the project, and anticipates closing development financing for the first phase in January. The applicant owns underground water rights in an amount more than enough for the golf course, but is still hopeful reuse water will be available so that an exchange for reuse water can be made with the City. Road cross sections include landscape buffers and will be pedestrian and bicycle-friendly. The project is targeted at families and not retirees. There appears to be an issue concerning Plantations Drive and its proximity to the back line of the Cottages North project. As much buffer as possible is being included in the project except with the exception of the area next to the Cottages North due to a 69kV power line which parallels the road. With help from the City, however, traffic lanes could be skimmed down along the section adjacent to the Cottages North to push the road as far as possible away from the Cottages North project. Even though the Cottages North Phase 2 project was built after the initial zone change for The Plantations, the applicant is trying to work to install as large a buffer as possible. Mayor McArthur opened the public hearing. Jay Lundberg, a resident of Cottages North, distributed materials to the Mayor and Council and protested the placement of Plantations Drive as it passes the Cottages North development. He advised that as an arterial roadway with speed limits of 35-40 mph, the homes could suffer from crash danger and traffic volumes could rise to 20,000 cars per day. The volume of exhaust would be St. George City Council Minutes December 21, 2000 Page Eight substantial and the roadway would generate noise and light pollution at night. He advised that placement of Plantations Drive would have a significant impact on the value of 13 homes which would be affected by its close proximity. He requested a redesign of the roadway and its relocation 40’ to the west. He reviewed the handout materials with the Mayor and Council. Rick Rosenberg advised that traffic counts are projected at 344 cars per hour during peak hour in the year 2016. He advised that Plantations Drive is modeled after Sunbrook Drive and has the same cross section with landscaped medians, travel lanes and turn lanes. The capacity of the roadway is high, and it will also provide storm drainage to protect existing homes. He advised there was not the horizontal length needed to provide a reverse curve, and the center lane could not be eliminated as it is a turning lane for southbound traffic. There is the ability to shift the street lights to the west side or locate them on power poles. He advised that the elevation of the road is similar to the base of the wall, and when the grading elevation is completed, the elevation of the road will not be of concern and is needed to maintain positive drainage to the south. Burton Burgess advised he owned property south of The Plantations, and inquired if the City would put a road through his property even if it did not fit his timetable for development. City Manager Gary Esplin replied that Mr. Burgess’ property was in the County, not the City, but if it were annexed, it would have to comply with the City’s road master plan. Rick Rosenberg again reiterated that the median could not be eliminated from Plantations Drive, but it could be narrowed a little as it passes the Cottages North with consent of the City Engineer. It would still have to meet ASHTOE requirements, however. He advised he did not think he could get 25’ from the wall to the edge of the roadway, but possibly up to 18’. City Manager Gary Esplin commented that the City should be as flexible as possible to make the least disturbance on residents of the Cottages North by moving the road a little here and there, but discussion should center on the overall plan. He commented it would not be fair to penalize the applicant’s project as it was approved prior to the Cottages North project, and the City needed to make sure the next phase of units in the Cottages North is not built as close to the proposed road. There being no further public comment, Mayor McArthur closed the public hearing and asked for a motion. Councilmember Whatcott made a motion to approve, by ordinance, the zone change as requested. The motion was seconded by Councilmember Isom. Councilmember Gardner asked that the motion include a statement that City staff is willing to help solve the problem. Mayor McArthur called for a roll call vote, as follows: Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Gardner - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. D.A.R.T. PRESENTATION: Presentation from Beth Cottam regarding D.A.R.T. and transportation issues. This item was tabled. St. George City Council Minutes December 21, 2000 Page Nine ACCEPTANCE OF DONATED PROPERTIES: Consider acceptance of various donated properties to the City of St. George. City Manager Gary Esplin recommended acceptance of two parcels of property. The first is property donated by Victor Kimball for Black Ridge Drive. A motion was made by Councilmember Isom to accept the property. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. City Manager Gary Esplin explained the second piece of property is the Simlew parcel located in the Halfway Wash area adjacent to Oil Can Henry’s. A motion was made by Councilmember Gardner to accept the property with appreciation. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous and the motion carried. APPROVAL OF AIRPORT LEASE: Consider approval of an airport lease for additional parking stalls for Hertz Rental Cars. City Manager Gary Esplin advised the Airport Board recommended approval of a lease of additional parking stalls at the airport to Hertz Rental Cars at a charge of $20 per space per month. A motion was made by Councilmember Whatcott to approve the lease as recommended. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Gardner - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. APPROVAL OF AIRPORT LEASE: Consider a request to lease airport ramp space to Rivers Aviation at the airport. City Manager Gary Esplin advised that the Airport Board recommended approval of a lease to Rivers Aviation of airport ramp space at a rate of $.15 per sq. ft. per year. The existing lease is $.10 per sq. ft. per year. St. George City Council Minutes December 21, 2000 Page Ten A motion was made by Councilmember Isom to approve the lease as recommended. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. APPOINTMENTS: Consider appointments to various boards and commissions. Mayor McArthur recommended appointment of Craig Hammer to the Water and Power Board. A motion was made by Councilmember Allen to appoint Craig Hammer to the Water and Power Board. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Allen - aye Councilmember Isom - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. APPROVAL OF AGREEMENT WITH WASHINGTON COUNTY SCHOOL DISTRICT: Consider approval of a real property purchase agreement with Washington County School District for the acquisition of property adjacent to the old Woodward School. City Manager Gary Esplin advised this item was placed on the agenda to clarify certain conditions which were previously approved. The City is purchasing the property in three installments, and the School District would like to use the buildings until they are paid for, unless there is a mutual agreement to exclude the use. Another issue needing clarification is demolition. Once the City owns the Woodward gym building, it is the City’s responsibility to demolish it, and the School District is responsible to demolish the old annex building, the old District office building, and the transportation section. Mr. Esplin clarified that if the City pays for the property before 2003, and there is not a current lease for the property, the City can negotiate with the School District. The School District is concerned that they have the option to lease the property in order to get some revenue since the City is not paying any interest. A motion was made by Councilmember Orton to approve the clarifications as presented by the City Manager. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held November 30, 2000. St. George City Council Minutes December 21, 2000 Page Eleven A motion was made by Councilmember Isom to approve the minutes as presented. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the special City Council meeting held December 4, 2000. A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and