City Council Minutes

Thursday, June 7,2001



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JUNE 7, 2001, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Sharon Isom Council Member Larry Gardner Council Member Suzanne Allen Council Member Bob Whatcott Council Member Rod Orton 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 invocation was offered by Dave Terry and the pledge of allegiance was led by Gay Cragun. AWARD OF BID: Consider award of bid for chip seal aggregate product for the City. City Manager Gary Esplin presented the following bids for chip seal product for the City’s annual chip seal project: Western Rock Products $72,000 Sunroc Corporation $66,000 Interstate Rock Products $57,000 He recommended award to the low bidder, Interstate Rock Products, in the amount of $57,000. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to the low bidder, Interstate Rock Products, in the amount of $57,000. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for construction of a storage building for the Building Maintenance Department. City Manager Gary Esplin presented the following bids for construction of a storage building for the Building Maintenance Department to be located behind the Recreation Center: Arnell-West $26,469 Commercial Design $29,999 He recommended award of the bid to the low bidder, Arnell-West, in the amount of $26,469. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Arnell-West, in the amount of $26,469. Mayor Pro Tem Isom called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem Isom - aye St. George City Council Minutes June 7, 2001 Page Two The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of commercial water meters. Purchasing Agent Sue Swensen recommended the sole source purchase of meters under contract with Metron Meters in the amount of $60,000. A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to Metron Meters in the amount of $60,000. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for construction of the reinforced concrete box culvert on Chaparral Drive. Purchasing Agent Sue Swensen presented the following bids: Site Work Sun Roc $54,974.25 Bud Mahas $79,212.78 Precision $79,736.25 Cast-In-Place Option Sunroc $44,820 Bud Mahas $62,997 Precision $52,954 Prefabricated Box Culvert Option Sunroc $55,600 Bud Mahas No bid Precision No bid Three-Legged Box Option No bids She advised that Bush & Gudgell Inc. recommends award of the bid to Sunroc for the site work and cast-in-place option in the total amount of $99,794.25 for both. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Sunroc in the total amount of $99,794.25 as recommended by Bush and Gudgell, Inc. Mayor Pro Tem Isom called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of bulk polymer for the Wastewater Department. Purchasing Agent Sue Swensen presented the following bids: Polydyne $85,140 DEL Tech $86,000 St. George City Council Minutes June 7, 2001 Page Three Thatcher Chem $107,500 She recommended award of the bid to the low bidder, Polydyne, in the amount of $85,140. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Polydyne, in the amount of $85,140. Mayor Pro Tem Isom called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of grass seed to over-seed the golf courses. Purchasing Agent Sue Swensen presented the following bids: Rye Seed Company Bid Variety Agro-Tec Seed Co. $30,900 Navajo/Omega III Blend Pennnington Seed, Inc. $36,000 Jet/Sonata Blend Green Resources $41,400 Palmer/Prelude Blend Granite Seed $42,000 Palmer/Prelude Blend Helena Chemical Co. $43,200 Palmer/Prelude Blend Blue/Rye Mix Company Bid Variety Pennington Seed, Inc. $15,300 Jet/Sonata & Apollo Bluegrass Granite Seed $16,200 Palmer/Prelude & Midnight Bluegrass Agrono-Tec Seed Co. $17,000 Navajo/Omega III & Midnight Bluegrass Green Resources $19,000 Palmer/Prelude & Preakness Bluegrass Helena Chemical Co. $20,000 Palmer/Prelude & Preakness Bluegrass She recommended award of the bid to the low bidder meeting specs, Green Resources, in the amount of $60,400. All the golf superintendents recommend use of the Palmer/Prelude and Preakness Bluegrass varieties. Golf Director Dave Terry distributed a hand-out rating Preakness Bluegrass higher than Midnight Bluegrass and explained from experience Preakness works better in our environment and drought conditions. He explained the purpose of overseeding the golf courses. He then introduced the City’s Golf Superintendents: Jerome Jones, Steve Larsen, and Dean Cooper. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to Green Resources in the amount of $60,400. Mayor Pro Tem Isom called for a vote, as follows: Council Member Whatcott - aye ` Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Mayor Pro Tem isom - aye The vote was unanimous and the motion carried. City Manager Gary Esplin noted that this year’s batch of Preakness Bluegrass is contaminated, and the bids for the Preakness Bluegrass are for seed remaining from last year’s batch. St. George City Council Minutes June 7, 2001 Page Four Kevin Holyoak, owner of Green Resources, advised he was able to acquire some crop from last year to put in the mix, and if it was not for that, he would be bidding another variety. The seed is certified and guaranteed. RESOLUTION: Consider approval of a resolution establishing a budget plan for payment of utility bills. City Manager Gary Esplin explained this item was listed on the agenda as an ordinance, but in reality is a resolution. City Treasurer Deanna Evans explained since that last year’s initiation of the utility budget program, it has been found that it is difficult for some customers to settle up their accounts around Christmas time. Different plans were explored, and it is recommended that any due balance be divided by 12 and added to the next year’s bill to mitigate the impact on the customer. City Manager Gary Esplin explained the program is to help the customer through the peaks and valleys of their utility bills. He explained that the program divides their utility bills, based on the previous year’s usage, into 12 equal payments. A motion was made by Council Member Orton to approve the resolution as recommended by City staff. The motion was seconded by Council Member Whatcott, who also recommended that when the new computer program is received, the program be based on a six month period rather than twelve month period. Mayor Pro Tem Isom called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning an existing easement between Lots 28 and 29 of the Bloomington Hills Subdivision No. 11. City Manager Gary Esplin explained this is a housekeeping item and is a routine request. The owners of the lot would like to combine the lots to build one home. Mayor Pro Tem Isom advised she may have a conflict of interest as someone in her office may be the purchaser of the lots. A motion was made by Council Member Gardner to approve the resolution as presented. The motion was seconded by Council Member Whatcott. Mayor Pro Tem Isom called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning the existing easement between Lots 2 and 3 of The Springs Estates Plat 1-A Subdivision. City Manager Gary Esplin explained this is housekeeping item and staff recommends approval. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the resolution as presented. Mayor Pro Tem Isom called for a roll call vote, as follows: St. George City Council Minutes June 7, 2001 Page Five Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution certifying the Community Development Director as the Environmental Certifying Officer for the City of St. George. City Manager Gary Esplin recommended that the Community Development Director be designated as the Environmental Certifying Officer for the City. A motion was made by Council Member Gardner to appoint the Community Development Director, by resolution, as the Environmental Certifying Officer for the City. The motion was seconded by Council Member Whatcott. Mayor Pro Tem Isom called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. INTRODUCTION OF SCOUTS: Mayor Pro Tem Isom invited Scouts from Troops 390 and 418 to introduce themselves. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 22, 2001, recommended that a public hearing be scheduled on July 5 at 5:00 p.m. to consider amendments to the City’s Master Road Plan. City of St. George, applicant. A motion was made by Council Member Orton and seconded by Council Member Gardner to set the public hearing as recommended by the Planning Commission. Mayor Pro Tem Isom called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Isom - 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 May 22, 2001, recommended approval of the final plat for Heritage Corner, a professional office building located on the northeast corner of 100 East 200 North. Ed and Lori Burgess, applicants. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes June 7, 2001 Page Six FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 22, 2001, recommended approval of the final plat for Kachina Springs South at Entrada located at Entrada Trail and Snow Canyon Parkway. Ren Boyce, applicant. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor Pro Tem Isom called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Mayor Pro Tem Isom - 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 May 22, 2001, recommended approval of the final plat for the Sandstone Shadow Subdivision located west of Shadow Mountain on 100 North Street. Nate Blake, applicant. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Mayor Pro Tem Isom - 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 May 22, 2001, recommended approval of the final plat for Fleur de Lis Condominiums located at 360 North and east of Valley View Drive. Alan Stewart, applicant. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor Pro Tem Isom called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem Isom - 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 May 22, 2001, recommended approval of the final plat for Las Palmas II Phase III Building 17 located at 1871 West Canyon View Drive. Chapman/Snow, applicants. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor Pro Tem Isom called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Whatcott - aye St. George City Council Minutes June 7, 2001 Page Seven Council Member Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. REQUEST FOR BUSINESS LICENSE: Consider a request for approval of a business license for the Mesquite Bus Company, Inc. dba Southern Utah Coaches. City Manager Gary Esplin advised the applicant’s request is for a charter bus service, and all requirements have been met. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the business license. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. The manager of the business advised his company provides charter service only. AUTHORIZE SIGNATURE ON GRANT APPLICATION: Consider authorizing the Mayor’s signature on a grant application for School Resource Officers for the middle schools. City Manager Gary Esplin expressed concern that if approved, the City along with the School District, will be required to fund the four positions for at least one year after the grant period ends. The City’s portion would be approximately $80,000. It is anticipated, however, that nearby cities will be contacted to solicit their support in sharing the City’s costs. At the end of this one year period, the City can do away with the program or reapply for another grant. It is recommended that Resource Officers be placed in the middle schools, as there is more drug and gang activity on this level than seen in the high schools. A motion was made by Council Member Gardner and seconded by Council Member Orton to authorize the Mayor to sign the grant applicant. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. REQUEST FOR PARK FEE WAIVER: Consider approval of a request for a fee waiver for use of Worthen Park on June 9. Church of Jesus Christ of Latter-Day Saints, applicant. City Manager Gary Esplin advised the applicant would like to use the park for a community family fair. Council Member Gardner advised the applicant would like to put on a program for the entire community to help young people find fun things to do in the summer. He then made a motion to approve use of the park and the fee waiver. The motion was seconded by Council Member Whatcott. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye St. George City Council Minutes June 7, 2001 Page Eight Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. REQUEST FOR PARK FEE WAIVER: Consider a request for approval of a fee waiver for use of Bluff Street Park July 2-6. Dixie State College, applicant. City Manager Gary Esplin explained the applicant used the Bluff Street Park last year for this same event with no problems. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve use of the park and the fee waiver. Mayor Pro Tem Isom called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem isom -aye The vote was unanimous and the motion carried. MEMORANDUM OF AGREEMENT FOR TRAFFIC SIGNAL: Consider approval of a memorandum of agreement between the City and the Utah Department of Transportation regarding a proposed signal at 300 North Bluff Street. City Manager Gary Esplin explained the purpose of this agreement is for modification of the existing three-legged signal at 300 North Bluff. UDOT is proposing to redesign the signal intersection and make it four-legged so access can be obtained from the nearby parking lot on the west side of Bluff Street. The City will work with the property owners and coordinate construction of that access, and will have to maintain the portion of dedicated access west of Bluff Street similar to that near the old Days Inn. The State will pay for the design and construction of the intersection and light change. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the agreement. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. POWER SUPPLY SHORTAGE AND CONSERVATION PLAN POLICY: Consider approval of a policy regarding a power supply shortage and conservation plan for the Power Department. City Manager Gary Esplin advised the Water and Power Board recommends the proposed policy, similar to the one approved for water conservation and shortages. The proposed policy sets forth various stages to implement and the requirements for each stage should they become necessary due to power supply shortages. Under the proposed policy, the City Council retains the authority to determine the implementation of each stage of the plan. There is also a provision for appeal, and an exception or variance to each of the stages. City Council Members suggested that usage be monitored by triggers and computer alarms for notification in both Stages 2 and 3, rather than just in Stage 3 as this provides more opportunity to cut back on use of power. A motion was made by Council Member Whatcott to approve the policy with the suggested change. The motion was seconded by Council Member Gardner. Mayor Pro Tem Isom called for a vote, as follows: St. George City Council Minutes June 7, 2001 Page Nine Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with Sear Brown for design and construction inspection for the extension of Dixie Downs to Snow Canyon Parkway. City Manager Gary Esplin advised this agreement will begin the process of the long-awaited connection of Dixie Downs to Snow Canyon Parkway. The amount of this engineering agreement is $43,015, with SITLA contributing $15,335. The total cost of the project is estimated to be $285,475, with additional contribution from SITLA and other funds in the City budget. A motion was made by Council Member Gardner to approve the agreement as recommended. The motion was seconded by Council Member Orton. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - 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 May 15, 2001. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes. Mayor Pro Tem Isom called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem isom - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the regular City Council meeting held May 17, 2001. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes. Mayor Pro Tem Isom called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem isom - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the City Council work meeting held May 17, 2001. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the minutes. Mayor Pro Tem Isom called for a vote, as follows: St. George City Council Minutes June 7, 2001 Page Ten Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. Mayor Pro Tem Isom then called for a five minute break. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 to PD Commercial on 3.71 acres located at 1400 West and Snow Canyon Parkway. Allan Carter, applicant. Community Development Director Bob Nicholson advised the proposed project is located at the proposed intersection of 1400 West and Snow Canyon Parkway. The General Plan was amended six months ago to allow this type of use on this corner. One of the policies contained in the General Plan is to encourage neighborhood commercial centers, such as the one proposed, to increase convenience for nearby residents and reduce the need for across-town travel. The proposed building is 33,500 sq. ft. and the landscaped area comprises 31% of the site, with 48% in parking and driveway area. 148 parking spaces are proposed for the commercial center and daycare. The building is proposed to be stucco with a tile roof. The Planning Commission recommends approval subject to resolving access issues with the City Engineer for a right-in only off of Snow Canyon Parkway, and an in and out access onto 1400 West. The Planning Commission also recommended that lights in the gas island canopy be recessed. Council Member Orton inquired if there was a traffic lighting plan for Snow Canyon Parkway. City Engineer Aron Baker replied that no traffic signals are planned for Snow Canyon Parkway in the immediate future. Jim Raines, Bush and Gudgell Engineering, representing the applicant, advised his client has been working on the project for the past 17 months. The realignment of 1400 West created a triangular piece of property and his client has struggled with what to do with the odd shaped property. It is believed that neighborhood commercial would serve the area well at this location, and a professional and retail use at this location is in harmony with the General Plan. He stated that while no one wants a convenience store in their neighborhood, everyone uses them as they are a necessity of life. Mr. Carter has met with adjoining project developers to assure the proposed building elevations are in harmony with adjoining architectural styles and scale. It is proposed that the building blend into and enhance the residential area and not detract from it. He advised that opening 1400 West will not add to the traffic on nearby residential streets, and the proposed development will help to alleviate residents’ concerns as it will provide a more direct route to Snow Canyon Parkway. Mayor Pro Tem Isom opened the public hearing. Stewart McGuyver advised be purchased a home in this area because of the nearby park. He expressed concern about making 1400 West a thoroughfare due to the many cars that speed in this area now. He stated there are many people in the neighborhood concerned for their childrens’ safety if a commercial use is made of the area due to the increased traffic. Wendy Bailey presented a petition signed by area residents who do not want a gas station and retail use in the area. She stated the proposed project would create more traffic and thereby increase accidents. She stated commercial property has already been designated at 2200 West and commercial is not needed at the proposed site. Council Member Allen arrived. Council Member Gardner inquired of Ms. Bailey if she was anxious to have 1400 West completed through to Snow Canyon Parkway or not. St. George City Council Minutes June 7, 2001 Page Eleven Ms. Bailey replied that 1400 West needed to be completed through to Snow Canyon Parkway as now everyone uses her street, 1500 West, to enter the Royal Oaks project. However, citizens of the area should not be pushed into having commercial in their area just because the City needs the road. She commented the area should remain residential, and the property in question was zoned residential when Mr. Carter purchased it. Steve Marsh, a resident of Royal Oaks, commented if alcohol sales were allowed at the convenience store the chance of children getting hurt would increase. He expressed opposition to the proposed commercial project. Allan Carter advised if the road designated as 1400 West were put in as originally planned, a huge traffic problem would have been created and a light would have to be installed on Snow Canyon Parkway. He advised that to the west of his proposed project is a small development with eight of the nine lots sold. Each of these property owners signed a statement saying they are aware commercial may be put in adjacent to their area and they would not protest it at the time of the master plan amendment. All or nearly all of the owners in nearby projects purchased knowing of the potential for nearby commercial zoning. Mr. Carter advised when he originally approached the City in February 2000 about this project, he originally considered the possibility of some form of multiple family housing on the corner, but decided against it due to the nearby traffic. He advised that the placement of neighborhood commercial at the corner of the proposed 1400 West and Snow Canyon Parkway is good planning and will not increase traffic but decrease it. All the concerns of nearby residents cannot be alleviated, but neither were the concerns of the Bloomington residents when Walmart was approved. Additionally, no alcohol sales will be permitted at the proposed convenience store because of its proximity to the Royal Oaks Park. Jeff Heaton stated he was not as concerned with 1400 West as with the commercial center creating additional traffic and affecting childrens’ safety. He expressed opposition to the project. City Manager Gary Esplin informed that the City just approved a contract with Sear Brown to connect Dixie Downs with Snow Canyon Parkway, and this will provide another access to Snow Canyon Parkway. Jeff Bailey stated that although traffic is supposed to make a right turn only into the proposed project off Snow Canyon Parkway, not everyone obeys the law, and some people will cross the median to turn into the project. He commented the area is residential in nature, and those who purchased homes in the area did so because the area was residential. Mr. Carter also knew the property was zoned residential when he purchased it. Jim Raines advised that neighborhood commercial does not generate a high amount of traffic, although traffic patterns may be changed. He reiterated that neighborhood commercial is desirable by keeping traffic localized instead of overloading other areas of the community. He advised that the project will not create more traffic but will keep it from traveling long distances. 1400 West is designated as a minor collector road, and it will be busy with or without the project. Council Member Orton expressed concern that the project would not only create traffic but stop it. He inquired if there would be islands in the intersection. Mr. Raines advised there would be, as well as a deceleration lane on Snow Canyon Parkway. Council Member Whatcott commented it was a fallacy to state that the project would not bring traffic to the area, as the project could not exist without traffic from all directions, not just that heading east on Snow Canyon Parkway. If islands are not installed in the intersection, traffic will be stopped, and the next request the City Council will hear is for a traffic light on Snow Canyon Parkway. Mr. Raines replied that a light may be needed with or without the proposed project, and any development will add to traffic in the area. Commercial development may generate more than a single family home, but the need for commercial exists. St. George City Council Minutes June 7, 2001 Page Twelve Council Member Whatcott inquired if there was not already adequate commercial close to the area in question. Mr. Raines replied the closest commercial is located at Sunset and Bluff. City Manager Gary Esplin advised that SITLA property on the corner of Dixie Downs is also zoned commerial. Council Member Allen inquired if property at the corner of Bluff and Snow Canyon Parkway was zoned commercial. Community Development Director Bob Nicholson replied that it was not currently zoned commercial, but it potentially could be. City Manager Gary Esplin advised that the traffic signal at the corner of Snow Canyon Parkway and Bluff will soon be installed as part of the State project currently underway on Bluff Street. Carrie Bowler presented a petition signed by property owners against the project and read a statement expressing her opposition to the project. Lisa Larsen stated she did not think it was an inconvenience to have to drive to Sunset to go to a convenience store, and did not think convenience was a necessity or a reason to put commercial in the area proposed. She suggested speed bumps be placed in front of Royal Oaks Park, and more convenience meant more traffic. Community Development Director Bob Nicholson advised the Planning Commission recommended approval to promote walkability to neighborhood commercial areas, such as in the Green Valley area where the commercial center does not detract from the neighborhood around it. He stated that 1400 West would be a busy street, whether this project was built or not. Council Member Whatcott commented that the purpose of neighborhood commercial is to benefit the neighborhood, but this project will be placed on a parkway and is therefore not neighborhood commercial as it will not contain just a convenience store, but retail too. Community Development Director Bob Nicholson stated that neighborhood commercial centers are typically placed at the corner of major roads to eventually be surrounded by residential areas. Council Member Orton commented that this project would require a master plan for traffic lighting of Snow Canyon Parkway, and the Paradise Canyon project would not be within walking distance of the proposed commercial center. Community Development Director Bob Nicholson stated that at some point a traffic light will be needed at the intersection of 1400 West and Snow Canyon Parkway. City Manager Gary Esplin expressed concern that Snow Canyon Parkway was built as a parkway with limited access to serve transportation needs, and the location of additional commercial will impede the intent of the Parkway. The City spent millions of dollars on the Parkway and will bottle it up by placement of a traffic light. Approval of this project will speed up the placement of a traffic light. He inquired if approval of this commercial project would lend itself to approval of additional commercial projects. Council Member Isom expressed concern with placement of any traffic signals on Snow Canyon Parkway and commented that placement of any would defeat the purpose of the Parkway. Council Member Allen inquired about placement of a commercial project on the corner of Bluff and Snow Canyon Parkway. Community Development Director Bob Nicholson replied the property was not currently zoned commercial, but he anticipated a request for such zoning some day, as it would be suitable for placement of a convenience store. St. George City Council Minutes June 7, 2001 Page Thirteen Stan Everett commented that walkability to a neighborhood commercial center is already being met by construction of the mall at the corner of Sunset and Bluff, and another neighborhood commercial center is not needed. Hope Clyde commented that she grew up with the Smith’s store in her backyard and it created problems with lights, trash, and transients. She commented that 1400 West will be a busy street, but if residences are constructed rather than commercial, the traffic will be local and drivers will tend to obey the speed limit because their children will be playing in the area. Allan Carter advised the dimensions of the property in question was not determined by him but by the City and is surrounded on three sides by roads. He approached City staff who originally had an idea that perhaps there should be one to two acres of commercial on the corner, with the remainder of the property in some transitional use, such as multiple housing. He was then encouraged away from multiple family housing by the Planning Commission. When he eventually settled on the current plan and requested an amendment to the master plan, it was approved by both the Planning Commission and City Council. The zone change was also approved by the Planning Commission as it is consistent with the master plan. He advised he had spent 17 months and $30,000 in engineering fees and never heard opposition to the plan until this public hearing. Delene Cobley commented that more traffic congestion is not needed in the area, and she expressed concern for children in the area. She stated she did not want a commercial project in the area, nor more convenience. Wanda Wilsky advised she purchased her home in March and was not informed about the possibility of a convenience store locating in the area, only about construction of 1400 West to Snow Canyon Parkway. She advised she chose the area because it was quiet and close to a park. Mayor Pro Tem Isom closed the public hearing. Council Member Whatcott advised Mr. Carter that he liked the drawings and the project appeared to be a very nice commercial center, but disagreed that the project was a neighborhood commercial project. Snow Canyon Parkway was built to move people, and approval of this project would be counter to that purpose. He stated that sale of eight of the nine lots in the adjacent residential development leads him to believe that residential lots would sell in the area and should be continued, and in fact would be in a perfect location next to the park. He advised that as long as he was a member of the City Council, he would vote against placement of a traffic light on Snow Canyon Parkway, and if the City Council were to say yes to this project, then it could not say no to other commercial ventures on Snow Canyon Parkway. Mayor Pro Tem Isom then called for a motion. A motion was made by Council Member Whatcott and seconded by Council Member Allen to deny the request. Mayor Pro Tem Isom called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Gardner - no Mayor Pro Tem Isom - aye The motion carried and the request was denied. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider approval of an amendment to the Zoning Ordinance regarding parking standards for off-campus student housing. City of St. George, applicant. Community Development Director Bob Nicholson advised that college student housing presents a different problem in terms of parking than a typical family apartment which requires two parking spaces per unit. College student housing often has four to six students living in one unit, all with vehicles. Mr. Nicholson St. George City Council Minutes June 7, 2001 Page Fourteen advised he researched other college towns and found their parking standards require one parking space per occupant or student. The Planning Commission recommended approval of this amendment to the ordinance. Mayor Pro Tem Isom opened the public hearing. Bindy Boylin inquired if the proposed amendment would apply to any off-campus student housing, or just "official" student housing as there is a unit in her complex with six students. Mayor Pro Tem Isom replied that the ordinance amendment would apply only to "official" student housing. City Manager Gary Esplin advised Ms. Boylin that the problem to which she referred is a zoning enforcement problem and should be reported to the City’s Zoning Enforcement Officer, Shanna Buhler. Community Development Director Bob Nicholson advised the proposed amendment to Chapter 6 would apply to any housing primarily for students. Council Member Allen advised an apartment complex not officially for student housing which is located by Skywest Airlines has many college students and the parking situation there is extremely bad. She inquired if the ordinance would pertain to this situation. Community Development Director Bob Nicholson replied the ordinance amendment would pertain to all housing in R-3 and R-4 zones which is primarily for students. There being no further public comment, Mayor Pro Tem Isom closed the public hearing and called for a motion. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the ordinance amendment as presented. Mayor Pro Tem Isom called for a roll call vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. PUBLIC HEARING/APPEAL FROM ORDER TO COMPLY: Public hearing to consider an appeal from the City Business License Officer’s Provisional Order to Comply. Forever Homes, Inc. dba Quality Wholesale Homes, applicant. City Manager Gary Esplin advised that during the original PD amendment approval process, certain conditions were imposed. The applicant was to have only three display models according to a site plan. Since then, the City has received numerous complaints about the condition of the property from the public, members of the Planning Commission, and City Council. Notice was given to the business that its time to comply with the previous approval had lapsed, and they have appealed this decision. City Attorney Jonathan Wright advised that as early as March 5, 1999 correspondence was sent to the business concerning their violation of the site plan approved by the City Council. In that letter they were requested to comply with the site plan or request an amendment to the PD zone. There has never been compliance. Devon Howard of Quality Wholesale Homes advised he is in the process of moving off the property in question. He explained that once a year the model homes are changed, and it is at these times that the problem arises. He advised the cabins which are located on the property are not associated with Quality Wholesale Homes but are owned by Stephen Wade St. George City Council Minutes June 7, 2001 Page Fifteen City Attorney Jonathan Wright advised he made arrangements with Stephen Wade’s lessee to have the cabins removed. Mr. Wright advised that other violations consist of having five to seven homes on the site at once, as well as other vehicles that clearly violate the site plan. Mr. Howard stated he was moving his business to Leeds, and agreed that several months a year a transition period takes place while the old models are being sold and the new ones have been brought in. Mr. Wright informed Mr. Howard that the approved site plan makes no accommodation for a transition period in which to store additional homes on the site. He stated that the only what is shown on the site plan is allowed and anything additional is a violation of the Zoning Ordinance. Council Member Allen commented that when the site plan was approved, the City Council did so in spite of opposition from adjoining neighbors because of promises that the premises would be as depicted on the site plan. Changing out the models was not part of the discussion at that time, and the business has been out of compliance for months. City Attorney Jonathan Wright commented the site was not to be a manufactured home sales lot, but simply a model home area, and there was never any mention of storage of the product for sale on the lot. In fact, at the time of original approval, Mr. Royce Jones specifically represented that only three model homes would be located on site according to the site plan as presented, and the site plan does not show a transition or storage area. City Manager Gary Esplin advised that the City Council minutes from the meeting where approval was given reflect that Mr. Jones informed the Council that the proposed location was only temporary, and would be for the placement of three model homes in a fully landscaped residential setting, and the homes themselves would not be sold. Mr. Howard advised that most of his personnel had already moved to the new Leeds site, and the remainder would be moved by next Tuesday. Of the homes remaining on the site, all are sold but one, and site preparation is taking place so the homes can be moved. City Attorney Jonathan Wright inquired of Mr. Howard if the homes could be moved tomorrow. Mr. Howard replied that they could not, as site preparation work was still being done. City Attorney Jonathan Wright inquired of Mr. Howard if there was another location they could be moved to tomorrow to remedy the zoning violation. Council Member Whatcott inquired of Mr. Howard if he was planning a move to Leeds, why new homes were still being brought to the site in St. George. Mr. Howard replied that the site was not ready in Leeds, and he would need 30 days in which to move all the homes from the St. George site. He advised his target date for moving was July 3. Council Member Whatcott advised Mr. Howard that four letters from the City advised him the approval previously given expired May 7, not July 3, and the homes had to be moved by then. Council Member Isom suggested if Mr. Howard is given permission to remain on the site until July 3, perhaps a fine should be imposed for every day past the expiration date of May 7. City Attorney Jonathan Wright advised there was a criminal prosecution case pending against Mr. Howard for violation of the Zoning Ordinance. Any action taken by the City Council today would be on the business license and to force compliance. St. George City Council Minutes June 7, 2001 Page Sixteen A motion was made by Council Member Gardner to allow Mr. Howard one week to move the sections to the new location, and give him until July 1 to complete the process without any criminal charges. The motion was seconded by Council Member Whatcott with the provision that Mr. Howard’s business license be revoked immediately so that he can no longer conduct business in St. George at that location. Mr. Howard commented he still had one home unsold but would have it sold right away. Council Member Allen inquired of the City Attorney what kind of criminal penalties would apply. City Attorney Jonathan Wright replied Mr. Howard is being charged with a Class B misdemeanor for a zoning violation. It would be up to the judge to determine what the penalty should be if he is found guilty. There probably would be no imprisonment, but a fine. Council Member Allen inquired if it was too late to stop the criminal prosecution case. City Attorney Jonathan Wright advised he could always decline to prosecute the case. He commented it was interesting it took the possibility of losing his business license before any response was had from Mr. Howard. Mr. Howard has been in violation of the conditional use permit for almost three years with absolutely no attempt to comply. Mr. Howard disagreed with Mr. Wright and stated there was a lack of communication. City Attorney Jonathan Wright stated it took a civil injunction to get a response from Mr. Howard. Council Member Gardner advised his original motion stood with the provision that the business license be revoked. Mayor Pro Tem Isom called for a vote as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. Mayor Pro Tem Isom then closed the public hearing. PUBLIC HEARING: Public hearing to consider public comment regarding the fiscal budget for the City of St. George for 2001-2002. City Manager Gary Esplin advised that in order to meet State requirements a public hearing must be held to receive public comment on the proposed budget. Mayor Pro Tem Isom opened the public hearing. Beth Cottam, representing Dixie Area Rapid Transit, requested the same level of funding from the City as was provided last year. She advised that costs have almost doubled due to extended hours of operation and extended routes, fuel costs, insurance costs, and start-up costs. She requested permission to enclose a donation card in the utility bills, and advised fundraisers have been planned. She advised that support from the City is critical to make the system possible and creates a community asset which contributes to the community economic base. As the City becomes ready to be declared an urbanized area, it is important to have a public transit system in place which entitles the City to increased funds for road projects and funding to continue this type of public transit system. She stated that DART has made a significant contribution to the community by partnering to share costs. She advised DART has five buses and would be able to secure a sixth with financial help from the City. St. George City Council Minutes June 7, 2001 Page Seventeen Chuck Peterson, representing Dixie Area Rapid Transit, advised that DART has had a steady rider growth rate of 27% Council Member Gardner inquired what time of day DART had the most riders. Mr. Peterson replied that commute hours are heavy with more shoppers on Saturday. Council Member Gardner expressed concern that many of the buses appear to be running empty, yet DART has an increased ridership. He wondered if it would be possible to focus more on prime use times during the day with down time mid-morning or afternoon. Mr. Peterson replied DART was focusing on prime commute times. He commented that the new schedules will help increase ridership. Mayor Pro Tem Isom advised that she received a few complaints from residents in the area of the Housing Authority housing that the bus did not stop at the bus stops if no one was there, even if there may be elderly people on their way to the bus stop but not quite there. She asked Mr. Peterson if this was DART’s policy. Mr. Peterson replied this was DART’s policy. He advised that the Housing Authority was going to construct a shelter and bench at the bus stop in that area. Ms. Cottam advised that the bus schedules were brand new and will take effect this Monday. Council Member Orton inquired of Ms. Cottam if the City of St. George were the only city participating in DART. Ms. Cottam replied that the City was the only one participating. Council Member Allen inquired how many wheelchair-bound patrons rode the bus each day. Ms. Cottam replied there were ten a day. Council Member Allen inquired of Ms. Cottam what percentage the City’s donation of $50,000 last year was of DART’s total operating fund. Ms. Cottam replied that it was 10%. Council Member Gardner inquired of Public Works Director Larry Bulloch if the City would be mandated to participate in a public transit system when it had a population of 50,000. Public Works Director Larry Bulloch replied that participation now in DART puts the City in a position to receive discretionary funding similar to what has taken place with regard to the new airport, and is an investment in the future needs of the community. City Manager Gary Esplin advised there is $450,000 entitlement money for mass transit available through the new MPO program, but this is a 50/50 match, and the City will have to come up with $450,000. Public Works Director Larry Bulloch commented that half of this amount could be realized through operating revenues with participation by four cities. City Manager Gary Esplin expressed concern because no other city has been willing to participate in the program, and the City would therefore have to come up with the entire match amount. Ms. Cottam advised she was not advocating that DART needed to expand and proposed it continue to function now just as it is within St. George. She anticipating having to raise $175,000 in local match funds beyond local advertising. Milo Waddoups, a vocational rehab counselor for the blind and visually impaired, advised that because of DART he can live anywhere in St. George. He expressed St. George City Council Minutes June 7, 2001 Page Eighteen gratitude for the system because it expands his world and that of other visually impaired persons. He advised that DART serves many disabled persons. Bindy Boylin commented that DART serves many college students. Lee Terry advised that he works with Five County Association of Governments to sell advertising, and now that ridership has increased, he will begin selling advertising for the inside of the bus as well. Clint Cottam stated that DART is beneficial to those who do not have cars, and it helps him when his mom is out of town, and helps the economy. Alene Walker advised DART serves a need for those who cannot commute by themselves and solves traffic problems. Mark Johnson advised he is now able to go shopping and be more independent. He also uses DART to get to work. There being no further public comment, Mayor Pro Tem Isom closed the public hearing. PUBLIC HEARING/RESOLUTION: Public hearing to consider proposed amendments by resolution to the fiscal budget for the City of St. George for 2000-2001. City Manager Gary Esplin reviewed the proposed amendments, attached hereto as Exhibit "A". Mayor Pro Tem Isom opened the public hearing. There being no public comment, she closed the public hearing. A motion was made by Council Member Gardner to approve the amendments by resolution. The motion was seconded by Council Member Allen. Mayor Pro Tem Isom called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. ADJOURN TO REDEVELOPMENT AGENCY MEETING: A motion to adjourn to a Redevelopment Agency meeting was made by Council Member Whatcott and seconded by Council Member Orton. Mayor Pro Tem Isom called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Gardner and seconded by Council Member Allen. Mayor Pro Tem Isom called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes June 7, 2001 Page Nineteen ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss litigation, personnel and property purchase issues was made by Council Member Whatcott and seconded by Council Member Gardner. Mayor Pro Tem Isom called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Allen and seconded by Council Member Orton. Mayor Pro Tem Isom called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Gardner - aye Mayor Pro Tem Isom - aye The vote was unanimous and the motion carried. DISCUSSION RE DALE JONES’ PROPERTY: City Manager Gary Esplin advised that Mr. Jones is currently paying the City $300,000 July 1 of each year for purchase of property. He pays 9% interest, and to date has paid the City $1,000,000. He has a sale of his property which has not closed yet and will have to borrow $300,000 to make his payment to the City. He is proposing that the City release to him four of the 8.5 acres. He would still owe a remaining $700,000. There is still two years left on the agreement and the City would have 4.5 acres upon which to foreclose if he defaulted. It was the consensus of the City Council to release the four acres to Mr. Jones. ADJOURN: The meeting then adjourned. ________________________________ Gay Cragun, City Recorder