City Council Minutes

Thursday, April 5,2001



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING APRIL 5, 2001, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Sharon Isom Councilmember Rod Orton Councilmember Bob Whatcott Councilmember Suzanne Allen Councilmember Larry Gardner City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Mayor Daniel McArthur OPENING: Mayor Pro Tem Isom called the meeting to order and welcomed all in attendance. The flag salute was led by Councilmember Whatcott and the invocation was offered by Councilmember Gardner. Mayor Pro Tem Isom invited several Scouts from the audience to introduce themselves. Mayor Pro Tem excused Mayor McArthur who was in Washington D.C. on City business. Mayor Pro Tem Isom advised that items 6A2 and 6A3 on the agenda, requests for conditional use permits, were tabled from the agenda at the request of the applicants. AWARD OF BID: Consider award of bid for construction of the City skate park. City Manager Gary Esplin presented six bids received: Stapp Construction $227,106 Arnell-West $295,388 Progressive Contracting, Inc. $365,000 Sunroc Corporation $370,925 California Landscape & Design, Inc. $373,500 Merrick Young, Inc. $499,000 He advised that initially staff was concerned the low bidder, Stapp Construction, who was also awarded a bid for a skate park in Sandy with the same construction time lines as the City’s, would not be able to perform in a timely manner. However, Stapp Construction has assured City staff that they will be using local contractors and will be able to manage both projects. Staff therefore recommends award of the bid to Stapp Construction in the amount of $227,106. The estimate for the project was $300,000. Councilmember Whatcott expressed surprise at the difference between the two lowest bids and wondered if perhaps something was left out of the bid. Parks Superintendent Lynne Scott replied that staff researched the company and was comfortable with the bid. City Manager Gary Esplin advised that the Rotary Club expressed interest in making the skate park a major civic project. They are currently raising funds for the project and will contact local businesses and subcontractors to try and reduce the cost of construction. A motion to award the bid to the low bidder, Stapp Construction, in the amount of $227,106 was made by Councilmember Orton and seconded by Councilmember Allen, who inquired about the completion date for the project. Ms. Scott replied the skate park would be completed by mid-July. Mayor Pro Tem Isom called for a vote, as follows: St. George City Council Minutes April 5, 2001 Page Two Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Isom did not vote. The motion passed. AWARD OF BID: Consider award of bid for construction of the Sand Hollow Wash trail project. City Manager Gary Esplin presented five bids received: Progressive Contracting $118,119.95 Sunroc Corp, Inc. $128,945.75 L&M General Engineering & Construction $132,642.25 A-T Asphalt Paving $148,426.20 Merrick Young, Inc. $179,100 City Manager Gary Esplin explained this portion of trail included the area from the Sand Hollow Aquatic Center north to 1800 North, and will eventually tie into the Canyons Complex when development occurs. He explained that Progressive Contracting made a mistake in their bid, and their actual bid is $116,719.95. Staff recommends award of the bid to the low bidder, Progressive Contracting, in the amount of $116,719.95. A motion was made by Councilmember Gardner to award the bid to the low bidder, Progressive Contracting, in the amount of $116,719.95. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye Mayor Pro Tem Isom did not vote. The motion carried. HORSE CROSSING: Councilmember Allen advised she had been contacted by citizens requesting that a horse crossing sign be placed on Snow Canyon Parkway so horseback riders could access the desert reserve. Parks Superintendent Lynne Scott advised she would contact them to determine the location requested. AWARD OF BID: Consider award of bid for the annual slurry seal project. City Manager Gary Esplin presented three bids received: CPM West $82,310.23 Intermountain Slurry Seal $70,970 Morgan Pavement $77,539.31 He recommended award of the bid to the low bidder, Intermountain Slurry Seal, in the amount of $70,970, as the City has used them in the past and has been satisfied with their work. A motion was made Councilmember Orton and seconded by Councilmember Whatcott to award the bid to the low bidder, Intermountain Slurry Seal, in the amount of $70,970. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Allen - aye Mayor Pro Tem Isom did not vote. The motion passed. St. George City Council Minutes April 5, 2001 Page Three ROAD MAINTENANCE POLICY: Councilmember Allen advised that during a local radio show a citizen expressed concern at the amount of money used for maintenance of roads and considered it a waste. Councilmember Allen asked City Manager Gary Esplin to explain the City’s policy on road maintenance. City Manager Gary Esplin explained that the City has an annual pavement management plan with a budget of one million dollars a year to provide maintenance of City streets. This maintenance stops cracking and deterioration of streets which results in pot holes. Preventive maintenance costs less than replacing a street which has deteriorated due to a lack of maintenance. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 27, 2001, recommended a public hearing be scheduled on May 3, 2001 at 5:00 p.m. to consider amending a PD zone for the Stone Cliff project at 2600 East 1450 South to make some changes in the original layout of the project and increase the number of homes from 513 to 573. Gail Maxwell is the agent for the applicant, Kay Traveller. A motion was made by Councilmember Allen and seconded by Councilmember Gardner to schedule the public hearing on May 3, 2001 at 5:00 p.m. as recommended by the Planning Commission. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Isom did not vote. The motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 27, 2001, recommended approval of the final plat for Coventry Lane Townhomes Phase I. Kevin Ence is the applicant. A motion was made by Councilmember Gardner and seconded by Councilmember Orton to approve the final plat and authorize the Mayor to sign it. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye Mayor Pro Tem Isom did not vote. The motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 27, 2001, recommended approval of the final plat for Point West Estates Subdivision. Kevin Ence is the applicant. Mr. Bradley advised that the City Council previously approved the preliminary plat for this project but tabled a request that the City maintain the landscape strip along Dixie Drive and Stonebridge Drive as they felt they were not in a position to take action and staff should review the proposal and make a recommendation. Leisure Services staff is willing to maintain the site as long as the developer meets City installation criteria and the irrigation system meets City standards. This would include review of plans and inspection at the time of installation. Clayton Leavitt, the developer to the east and adjacent to Mr. Ence’s project, is working with Mr. Ence on the Stonebridge Drive landscape plans. Mr. Leavitt is also requesting that the City maintain the landscape strip along his two projects. These projects will come to the City Council as final plats soon. If the City Council feels comfortable with the request, Mr. Bradley suggested it would be helpful to address maintenance issues along Stonebridge Drive from Dixie Drive east to the end of Mr. Leavitt’s development at the same time. The Planning Commission recommended approval subject to the developer meeting all conditions for maintenance, and inclusion of a note on the plat that no access on or off of Dixie Drive and Stonebridge Drive for double St. George City Council Minutes April 5, 2001 Page Four frontage lots will be permitted. Mr. Bradley advised that the developer would have responsibility for installation of the water meter. Kevin Ence, applicant, advised he is willing to install the water meter and pay the impact fees if the City will pay for the water when it accepts maintenance of the landscape strip. City Manager Gary Esplin explained the City has a policy which says that on limited access streets (66’-80’) where homes do not front onto that street, the City Council can choose to maintain the landscape strip on a case by case basis. Normally, homeowners associations are required to maintain the landscape strips, but when none exists, the City may choose to do so. City Attorney Jonathan Wright advised there does not have to be a planned development for there to be a homeowners association, and one could be formed with the specific single duty to maintain the landscape strip. This is another option available to developers. City Manager Gary Esplin commented this was a philosophical issue not yet addressed by the City Council. He expressed concern that maintenance of landscape strips would become labor intensive and would require hiring additional employees. Councilmember Allen commented that while she hated to see an additional burden placed on Parks Department staff, the key was installation of low maintenance xeriscaping. Councilmember Orton commented that either private development or the City should maintain landscape strips in certain areas of the town to maintain the integrity of the area. Councilmember Whatcott stated he was not sure the citizenry at large would want their tax dollars used to maintain landscape strips, and the City must decide if it wants to be in the landscaping business as this request will likely be the first of many. City Manager Gary Esplin advised the type of road must also be looked at and perhaps maintenance should be limited to landscape strips along 80 foot roads only. Councilmember Gardner made a motion to approve the final plat and authorize the Mayor to sign, but commented the City needed to further examine the issue. The motion was seconded by Councilmember Orton. Councilmember Gardner clarified that his motion included the provisions recommended by the Planning Commission. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Isom did not vote. The motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for the breeding and raising of up to 400 pairs of exotic birds within a fully enclosed facility at 3311 East 2170 South. Tom Brinkerhoff, applicant. This item was tabled. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for the breeding and raising of up to 250 pairs of exotic birds within a fully enclosed facility at 3333 East 2170 South. Drew Ferwerda, applicant. St. George City Council Minutes April 5, 2001 Page Five This item was tabled. AFFORDABLE HOUSING IMPACT FEE DEFERRAL PROGRAM: Consider a recommendation from the Affordable Housing Committee regarding income limits for participants in the impact fee deferral program. Community Development Director Bob Nicholson advised the Affordable Housing Committee recommends that income limits under the impact fee deferral program be raised from 80% of the area median income to 100% for those purchasing a home. The 80% income limit would remain for those renting. Raising the limit would enable a family of four to purchase a home in the range of approximately $96,000, assuming they were not heavily burdened with other debt. Councilmember Gardner advised it was his understanding the purpose of this program was to help those whose incomes were not up to the average, and raising the income limit would now make the program available to anyone in the median income bracket. Mr. Nicholson replied that the City allots only 60 deferrals a year, and as of yet no one has been able to meet the income limits in order to qualify to purchase a home. All of the deferrals given to date have been for rentals. Myrna Stout, a member of the Affordable Housing Committee and Planning Commission, advised there was a need to increase the income level. She advised that an entry-level teaching position paid $24,000 a year, which is 58% of the area median income, and that teacher would not be able to qualify to purchase a new home. She reminded that this program was for new construction only. She advised it was difficult to build a new home for less than $100,000. Councilmember Gardner inquired if there were other housing available in the community for less than $100,000. Ms. Stout replied that the reality of the current program is that no one can take advantage of this program for new homes because they cannot qualify at the current income level. Councilmember Gardner commented that this program may be counterproductive to revitalizing the older area of St. George by encouraging young families to purchase homes there rather than the newer homes in the outer growth areas. Councilmember Orton suggested limiting the number of deferrals given to rental units and insist a certain number be given for single family homes. City Manager Gary Esplin advised the City must decide if it wants to continue the program as presently exists, or raise the income level to give families a chance to purchase a home. Councilmember Gardner commented that if the program becomes available to anyone who qualifies for the median income, builders would want to build products in that price range. Myrna Stout advised the proposed increase is quite modest, and at this point the program has not helped anyone purchase a home. The City will not see 60 families a year qualify for the program, and perhaps only ten who qualify for the income level will have good enough credit and a low enough debt ratio to qualify. City Manager Gary Esplin asked Myrna Stout if the City helped a first time buyer with a grant and loan in second position to the bank’s loan, and if the buyer came up with $10,000 for a down payment plus a second to allow for improvements, would that make loans more available to those who want to purchaser older homes in the downtown area. Ms. Stout replied that those with $10,000 for a down payment do not need the program. City Manager Gary Esplin suggested changing the current program to offer an incentive to purchase an older home in the downtown area. The program could be evaluated every year. St. George City Council Minutes April 5, 2001 Page Six Mayor Pro Tem Isom suggested the City Council and Affordable Housing Committee meet to discuss the issue. Councilmember Whatcott commented that impact fees are used to improve water, power and sewer services, and most of the older homes never had to pay an impact fee. Therefore, if the deferral program is used to locate families in the older homes, and improvements are made to the home’s electric or water system, the impact fee deferral in essence is being used to improve the older areas of town. Carol Sapp, a member of the Affordable Housing Committee and Executive Director of the Southern Utah Homebuilders Association, advised that many mortgage companies host housing fairs on a regular basis. She advised that before the deferral program is changed, an inventory of available housing should be taken. A motion to approve the increased income limit as part of the affordable housing impact fee deferral program for one year while exploring ways to keep the downtown housing market alive was made by Councilmember Gardner and seconded by Councilmember Orton. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye Mayor Pro Tem Isom did not vote. The motion carried. PUBLIC HEARING/ORDINANCE/ZONE CHANGE: Public hearing to consider a request for a zone change from C-2 Highway Commercial to C-3 General Commercial for one acre of property located on the north side of Tabernacle at 831 and 857 East. Dave Forsyth, applicant. Community Development Director Bob Nicholson advised it is the applicant’s intent to request a conditional use permit for student housing at a later date. The entire site is one acre, including the veterinary clinic property, but only 26,136 sq. ft. will be used for the actual building. The property is adjacent to a C-3 zone. Mayor Pro Tem Isom opened the public hearing. Darris Rasmussen advised the area adjacent to the College will see a lot of growth and therefore there will be more demand for student housing. He advised it made sense for the property to be zoned C-3, and the zone change is needed in order to apply for the conditional use permit. Councilmember Allen advised she contacted the College about housing and was informed College housing is only 60% full at this time. Councilmember Gardner commented the issue at hand is the zone change only, and construction of student housing would be at the owner’s risk. Sam McArthur advised he was an adjacent property owner and approved of the request for a zone change to C-3 as it was more suitable for the area. He said the area surrounding his family’s welding business is a business district and should remain so. Cynthia Wright advised she represented the owner of the property who is in favor of the zone change. There being no further public comment, Mayor Pro Tem Isom closed the public hearing. Councilmember Whatcott made a motion to approve the zone change as requested. The motion was seconded by Councilmember Orton. Mayor Pro Tem Isom called for a roll call vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - no St. George City Council Minutes April 5, 2001 Page Seven Councilmember Gardner - aye City Attorney Jonathan Wright inquired why Mayor Pro Tem Isom was not voting, and recommended she do so. Mayor Pro Tem Isom voted no. The motion carried. FEE WAIVER FOR USE OF PARK: Consider a request for a fee waiver for an event to be held at Royal Oaks Park sponsored by the Utah Coalition Against Sexual Assault. City Manager Gary Esplin advised the event will be held April 21 and staff recommends approval. A motion was made by Councilmember Whatcott and seconded by Councilmember Orton to approve the request. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. FEE WAIVER FOR USE OF PARK: Consider a request for a fee waiver for use of Worthen Park on April 14 for a book giveaway event sponsored by Americorps. City Manager Gary Esplin advised that initially staff worried this event might interfere with the annual Easter egg hunt, but the Easter egg hunt will be over before the proposed book giveaway event begins. Staff recommends approval. A motion was made by Councilmember Orton and seconded by Councilmember Gardner to approve the request. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Gardner - aye Councilmember Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider a request for a special event permit for an event at 170 North 400 East on April 14. BSA Troop 616, applicant. Trevor Jolley requested approval for a car bash on April 14 in the parking lot of Designer Furniture. Two cars will be provided with all glass removed. Everyone participating will be required to wear safety goggles, gloves, helmet and coveralls. The area will be roped off and there will be two adults and four Scouts present at all times. Event insurance will also be provided. Arrangement have been made for disposal of the vehicles after the event, and clean-up of the area will be performed. $5 will be charged for two to three hits with a sledge hammer. A motion to approve the request was made by Councilmember Gardner and seconded by Councilmember Orton. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes April 5, 2001 Page Eight FEE WAIVER FOR USE OF SUNBOWL: Consider a request for a fee waiver for use of the Sunbowl for a youth conference on June 9, 2001. City Manager Gary Esplin advised that staff recommends approval. A motion was made by Councilmember Orton and seconded by Councilmember Gardner to approve the request. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Orton - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement for appraisal services for the new airport project. City Manager Gary Esplin advised that staff recommends award of a contract to Mr. Dan Johnson of Johnson Appraisal Service in the amount of $15,000 to do appraisals for land needed for the new airport. The City has used Mr. Johnson in the past to do appraisals in this area. A motion was made by Councilmember Allen and seconded by Councilmember Whatcott to approve the agreement with Mr. Johnson. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. QUIT-CLAIM DEED: Consider approval of a quit-claim deed for UDOT on Sunland Drive. City Manager Gary Esplin explained the City has received a request from UDOT for a quit-claim deed of a small sliver of property (204 sq. ft.) located within the Sunland Drive right-of-way so that they can settle a dispute with Mr. Dale Jones. The City has no need for the property which is actually a part of the right-of-way. A motion was made by Councilmember Gardner and seconded by Councilmember Whatcott to approve issuance of a quit-claim deed to the Utah Department of Transportation for a sliver of property located within the Sunland Drive right-of-way. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. RENTAL AGREEMENT FOR DIESEL ENGINES: Consider approval of a rental agreement with Wheeler Power Systems for diesel engines. City Manager Gary Esplin advised that staff recommends renting diesel engines for power problems anticipated this summer. It is proposed that seven engines be leased with an option to purchase at $37,000 per month each plus fuel costs, which will result in a cost of $.13 per kilowatt hour to run the generators. The City Council previously authorized purchase of power at $.22 per kilowatt hour earlier St. George City Council Minutes April 5, 2001 Page Nine this year. The engines will be brought in on a trailer and parked at the generation plant on the Red Hill. Water and Power Director Wayne McArthur advised that staff originally thought the generators would be located at different substations around the City, but it was decided to locate all seven of them at the plant on the Red Hill and tie them directly to the 69 line. It was later found out that only three can be placed at one location, and the City will be asking for a waiver of this rule. If a wavier is not granted, three will be located at the generation plant on the Red Hill, three will be located on adjacent property owned by the County, and one will be located at the Snow Canyon substation. However, staff feels it will be successful in obtaining a waiver. It is also recommended that the rental agreement be modified to limit use of the engines to eight hours a day which will be less expensive and make it easier to obtain an air quality permit and the waiver. A motion was made by Councilmember Gardner and seconded by Councilmember Allen to approve the rental agreement as requested. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. LAND EXCHANGE: Consider approval of a land exchange with the Rulon B. Cox Trust for property along Riverside Drive. City Manager Gary Esplin explained the proposed land exchange between the City and the Rulon B. Cox Land Company for property located south of Riverside Drive and west of the Post Office adjacent to the Virgin River to accommodate the trail alignment through the corner of the Cox property. The amount of property to be exchanged is 7,435 sq. ft. Mr. Esplin advised it was his understanding the Cox Land Company would then donate this property as a site for the Doctor’s Free Clinic. A motion was made by Councilmember Gardner and seconded by Councilmember Orton to approve the land exchange. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held March 8, 2001. A motion was made by Councilmember Allen and seconded by Councilmember Orton to approve the minutes as presented. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes April 5, 2001 Page Ten APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held March 15, 2001. A motion was made by Councilmember Gardner and seconded by Councilmember Orton to approve the minutes as amended. Mayor Pro Tem Isom called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss litigation was made by Councilmember Gardner and seconded by Councilmember Orton. Mayor Pro Tem Isom called for a roll call vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. The meeting was adjourned following executive session. __________________________________ Gay Cragun, City Recorder