City Council Minutes

Thursday, June 21,2001



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JUNE 21, 2001, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Council Member Sharon Isom Council Member Suzanne Allen Council Member Rod Orton Council Member Bob Whatcott City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Council Member Larry Gardner City Manager Gary Esplin CALL TO ORDER: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Marc Mortensen, and the invocation was offered by Stan Everett. NOON ROTARY CLUB/YOUTH SKATE PARK COMMITTEE: Members of the St. George Noon Rotary Club and the Youth Skate Park Committee thanked the City Council for supporting the skate park project and advised that $15,000 had been raised. They announced that a garage sale would be held to benefit the skate park on June 30 in the Rite Aid parking lot. SOUTHERN UTAH PARADISE BOWL: Darry Alton announced that he would be producing the first Southern Utah Paradise Bowl, a collegiate all-star football game, to be held in St. George January 12, 2002 at Hansen Stadium. A corresponding pageant, banquet, and two golf tournaments will be held in conjunction with the event. He then distributed football jerseys to the Mayor and Council. INTRODUCTION OF SCOUT: Mayor McArthur invited a Scout in the audience to introduce himself. BLOOMINGTON COMMUNITY COUNCIL: Council Member Orton presented Gail Maxwell, representing the Bloomington Community Council, with a plaque in appreciation for completion of two Legacy 2001 projects: the equestrian center and placement of sidewalk along Pioneer Road in the Bloomington area. CONSENT CALENDAR: Consider approval of the financial statement for May, 2001. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the financial statement as presented. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. BID OPENING: Consider award of bid for construction of the inlet structure at 400 East and the I-15 freeway. Purchasing Agent Sue Swensen presented three bids received: Sunroc Corp. $107,227.44 Bud Mahas Construction $135,657.68 Precision Excavting $115,334.19 She recommended award to the low bidder, Sunroc, in the amount of $107,227.44. St. George City Council Minutes June 21, 2001 Page Two A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to the low bidder, Sunroc Corp., in the amount of $107,227.44. Mayor McArthur called for a vote as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. City Engineer Dave Demas advised that a culvert has been extended down 400 East to the Virgin River. There will be three grates and a large box where the culvert is located that will be accessible for cleaning. The road will be finished around the culvert and will look nice. This project was identified in the risk management program as one of the higher risk areas in the City. Council Member Allen inquired if 400 East would ever be finished to go over or under the freeway. Mr. Demas replied that the City is planning for that. AWARD OF BID: Consider award of bid for the purchase of alum for the Quail Creek Water Treatment Plant. Purchasing Agent Sue Swensen recommended purchase of alum from the sole source provider, Thatcher Chemical, in the amount of $35,000 for the year. This is the same price as last year, and the City will use approximately 450,000 lbs. A motion was made by Council Member Isom and seconded by Council Member Whatcott to award the bid to Thatcher Chemical in the amount of $35,000 for the year. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of paper and cleaning supplies for the City. Purchasing Agent Sue Swensen advised that since the tabling of this item at the last City Council meeting, Dennis Montoya is no longer with the City. She advised that at the direction of the City Council, the bids were further investigated by her and Herb Basso, and it was found that Camco’s bid included items that were not on the bid schedule and four more items were bid and modifications made to the bid after the bids closed. Mr. Montoya did not have a problem with this. She stated there may be legal concerns because Camco’s bid was modified after the fact. City Attorney Jonathan Wright advised that the original bid specification did not encompass all it should have, and because of a question about the dispensers, confusion was created. He recommended that all the bids be rejected and a new bid proposal be formulated to create a fair and equal basis for all vendors and the City can then obtain the product it needs. Mayor McArthur advised a lot of effort is required to prepare a bid, and it is not fair to throw out the bids. He stated that because the City used the dispensers from one company, it created an unfair advantage for that company. He suggested that if the bids were rejected and rebid, the bid should be awarded for a period of three years and include the dispensers. Ms. Swensen advised that all of the companies bidding will provide dispensers for their product, if needed by the City. St. George City Council Minutes June 21, 2001 Page Three Assistant Leisure Services Director Herb Basso advised it is a common practice for vendors to provide dispensers for their product. Ms. Swensen commented that neither of the bidders want to rebid, but as no single item prices were provided, the per unit prices would not be known and the items could therefore be rebid fairly. Mr. Basso advised that both companies bidding had a chance to bid the exact product specified or submit an appropriate substitute, however Camco’s substitutes were priced after the closing of the bid. Council Member Whatcott inquired if the specifications were confusing. Ms. Swensen replied that Camco’s bid took exception to several items on the bid document after the bid had closed. It would have been rejected in the past. Mayor McArthur stated that if the bids are rejected and rebid, he hoped the specifications would not favor one vendor over another. Ms. Swensen replied that several of the items Camco bid simply were not presented prior to the closing of the bid. Council Member Allen inquired who was responsible for fixing the walls if the dispensers were changed. Mr. Basso replied that the damage would be minimal and easily fixed by staff. Mayor McArthur inquired about the timeframe if the bids were rejected and rebid. Mr. Basso suggested 60-90 days in order to rectify personnel issues and bring the new person on board. The new person might also know about new products the City is currently unaware of. Richard Crosby, representing Unisource, advised the bid he submitted was as specifically outlined by the City. City Attorney Jonathan Wright advised that the specification as written and issued by the City did not meet what the City was looking for, and although Camco’s bid was lower than Unisource’s, it was thought the City would have to pay more for Camco’s dispensers. The new specification will try to take everything into account. He recommended the bids be rejected and a new specification issued to be fair to all vendors. Mr. Crosby advised the previous recommendation to award the bid to his firm was fair, and Camco had every opportunity to meet the bid specs. He stated he felt his firm was being penalized for following the City’s instructions. City Attorney Jonathan Wright reminded Mr. Crosby that his bid was not the low bid. Mayor McArthur commented that since there was a possibility of litigation, it was best to reject all bids and rebid. City Attorney Jonathan Wright advised that under the City’s purchasing ordinance, the City Council has the right to reject all bids if the bids exceed 5% of the budget, or if in the best interests of the public. Mr. Crosby stated he fulfilled every City requirement, has been honest and forthright, but is now at a disadvantage because he followed the bid proposal. He commented that for the other company to change their bid after the fact was not right. City Attorney Jonathan Wright advised Mr. Crosby there was no question about how well his company performed in the past, nor was the City dissatisfied, but his bid was simply not the low bid. The issue is one of confusion, and the product the other company substituted was acceptable. Mr. Crosby advised the product bid by Camco had not been tested. St. George City Council Minutes June 21, 2001 Page Four Mr. Wright commented that was Mr. Crosby’s opinion, but the City Council would make the decision. Purchasing Agent Sue Swensen advised that the bid document specifically stated that all items bid must be as listed on the sheet attached to the bid document or be approved equals. She advised that Mr. Crosby bid everything per the attachment, but Camco modified their bid after the fact. Assistant Leisure Services Director Herb Basso commented the bid documents allowed opportunity for both companies to provide equal bids before the bids closed, but one company did not. Mayor McArthur commented that Camco says they provided an equal bid before the bid closed. Ms. Swensen advised the products bid were bid after the fact and after the bid closed; even after the bid was presented to the City Council. Council Member Isom commented that staff’s recommendation to rebid should be followed. Council Member Whatcott commented that staff’s original recommendation was to award the bid to Unisource, but that recommendation was then disputed by Camco. A motion was made by Council Member Isom and seconded by Council Member Allen to reject all bids and rebid. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - no Council Member Whatcott - no Mayor McArthur - aye The motion carried. ABANDONMENT ORDINANCE: Consider approval of an ordinance abandoning a portion of 1080 West at the intersection of Indian Hills Drive. City Engineer Dave Demas advised the abandonment was for a portion of road put in to temporarily serve the subdivision and is no longer needed. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the abandonment by ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning a portion of easement between Lots 34 and 35 in The Springs Estates Plat II Subdivision. City Engineer Dave Demas advised the applicants wish to adjust the lot lines to accommodate a building. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve a resolution abandoning a portion of easement as requested. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye St. George City Council Minutes June 21, 2001 Page Five The vote was unanimous and the motion carried. FARMERS’ MARKET: Consider a request from Zion Factory Outlet for approval to hold a farmers market from August 14 to October 20. Becky Pendleton, applicant. Becky Pendleton, representing Zion Factory Outlet, advised that last year’s market was very successful and she has received many calls from farmers this year requesting that the dates of operation be changed to allow sales to begin earlier than August 14. Ms. Pendleton proposed that the farmers’ market begin Saturday, July 21 for four Saturdays, and then Tuesday evenings and Saturday mornings thereafter until October 20. A motion was made by Council Member Allen and seconded by Council Member Orton to approve Ms. Pendleton’s request. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at their meeting held June 12, 2001, recommended that a public hearing be scheduled for August 2, 2001 at 5:00 p.m. to consider a zone change from PD Commercial to C-2 Highway Commercial with a development agreement for property bounded by Diagonal, Bluff, and 700 South Street. Fawson family, applicants. A motion was made by Council Member Allen to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended that a public hearing be scheduled for July 19, 2001 at 5:00 p.m. to consider (1) a zone change from R-1-8 to R-3 for property located at 67 West 300 South, Sheldon Leavitt, applicant; and (2) an amendment to the Zoning Ordinance for special provisions of Chapter 19, Commercial Zones, regarding automobile sales and service. A motion was made by Council Member Isom and seconded by Council Member Whatcott to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of a lot split at 3646 South Little Valley Road. This property is located between Little Valley Estates and Rancho Verde Estates Phase I. Parcel 1 will consist of 48,727 sq. ft. and Parcel 2 will consist of 272,910 sq. ft. Kevin Wilkinson, agent for Steven Dalton, applicant. St. George City Council Minutes June 21, 2001 Page Six A motion was made by Council Member Orton and seconded by Council Member Allen to approve the lot split as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of the preliminary plat for Paragon Cove Phase I at Stone Cliff and to clarify the PD amendment to acknowledge the Paragon Cove area as townhome units. They also recommended a sidewalk on one side of the street for the 50’ right-of-way. Gail Maxwell, applicant. Gail Maxwell advised there was never any intent for the Paragon Cove area to be anything other than for townhomes, and the overall plan designated this area for townhomes. The overall density will not be exceeded because other lots are being made larger. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the preliminary plat as recommended by the Planning Commission, clarify the PD amendment to acknowledge the Paragon Cove area for townhome units, and approve a sidewalk on one side of the street for the 50’ right-of-way. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of the preliminary plat for Stone Cliff Phase VII. Gail Maxwell, applicant. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. ROAD DEDICATION PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of the road dedication plat for a portion on River Road from the Virgin River to 2450 South Street. He explained that the purpose of the plat is to provide a public record for review by professional land surveyors, title companies, and the general public. This action was initiated by the City of St. George. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the road dedication plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye St. George City Council Minutes June 21, 2001 Page Seven Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. ROAD DEDICATION PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of the road dedication plat for a portion of Desert Hills Drive located south of Brigham Road. Don Leavitt, representing SITLA, applicant. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the road dedication plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. VACATE PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended vacation of the Sun River St. George Phase 2B plat and rescind approval of the amended and extended plat for Sun River St. George Phase 2B. He explained that the amended and extended final plat for Sun River St. George Phase 2B created difficulties with a portion of dedicated roadway and easements, and the most efficient way to address the problem is to vacate the original phase and rescind approval of the amended and extended plat to allow for a new final plat to be recorded. Darcy Stewart, applicant. A motion was made by Council Member Whatcott and seconded by Council Member Orton to vacate the Sun River St. George Phase 2B plat and rescind approval of the amended and extended plat for Sun River St. George Phase 2B as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of the final plat for Sun River St. George Phase 2B. 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 McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. DEVELOPMENT DESIGN PLAN: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of the development design plan in a PD zone for Fountain Heights Phase I, a 60 unit apartment complex at about 3400 South River Road. This is the first of two phases of the project and the area was approved for12 dwelling units per acre. A portion of the site is within the Hillside Overlay Area but will not be developed. Ty Tippets, agent. St. George City Council Minutes June 21, 2001 Page Eight Fred Frehr advised that 50 out of the proposed 60 units will be set aside for limited income occupants and will be financed through special sources. A motion was made by Council Member Isom and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an RV carport 16’5" high and a sidewall 12’ high at the zero property line at 1183 Baneberry Drive. Max Maxwell, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of a conditional use permit for an RV carport 16’5" high and a sidewall 12’ high at the zero property line at 1183 Baneberry Drive subject to the drainage being contained on the applicant’s property. Max Maxwell, applicant. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 12, 2001, recommended approval of a hillside development permit for Painted Desert located west of River Road on 2450 South Street subject to six recommendations made by the Hillside Review Board: 1. A restoration bond must be in place prior to any more excavation. 2. Staking must be adjusted to avoid cutting into 40% and greater slopes. 3. Go to Planning Commission and City Council for a hillside development permit. 4. 40% slopes and above cannot be disturbed. 5. Prior to grading, staff will work with the contractor before the developer starts to review the recommendations. 6. The City and the developer will work together to preserve the natural beauty of the upper site area as much as possible. Ence Development is the applicant. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the hillside development permit as recommended by the Hillside Review Board and Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes June 21, 2001 Page Nine PUBLIC HEARING/AMEND PD COMMERCIAL ZONE/ORDINANCE: Public hearing to consider approval of an amendment to the PD Commercial zone located north of Brigham Road on Pioneer Road for a fueling station. Felipe T. de la Garza representing TESCORO Fueling Station, applicant. Associate Planner Mark Bradley advised that the proposed business will be located on the Walmart PD commercial site in Bloomington. At the time Walmart received approval for the PD commercial plan, it was clearly stated that plans for each pad would have to have its site plan and elevations approved by the City Council. The Planning Commission recommended approval subject to determination if a fueling station is required to have restrooms. Research was done by the Deputy City Attorney who advises there are no state requirements for a restroom at a small fueling station. City Attorney Jonathan Wright advised that the City Council, however, could require restrooms. Council Member Orton expressed concern that fueling stations were not supplying restrooms and requiring their patrons to use restrooms of nearby businesses. City Attorney Jonathan Wright advised that this may depend on whether the fueling station had walk-in facilities. However, there is no state requirement or local ordinance requiring restroom facilities at a fueling station. Mark Kiosk, representing the applicant, advised the fueling station will contain a unisex bathroom for employees only, and customers will pay for the fuel at a window. There will be some soft drink machines on the side of the fueling station. Council Member Orton suggested the issue be further examined before approval is granted. Harold Jordan, representing the applicant, advised his client targets Walmart clients. Council Member Orton inquired if any other states required restroom facilities at fueling stations. Mr. Jordan replied that he had not been required to provide public restroom facilities at fueling stations, and Walmart allows fueling station customers to use their restroom facilities. Council Member Orton inquired if the applicant had a contract with Walmart for use of their restroom facilities. Mr. Jordan replied that they did not. Mayor McArthur opened the public hearing. City Attorney Jonathan Wright inquired if the fueling station would have a diesel island for large trucks. Mr. Jordan replied their target was automobiles. Mr. Kiosk advised that if diesel fuel is sold at the site, it will be for automobiles only, and the fueling station will not be set up as a truck stop for large 55’ rigs. He advised there are 34 fueling stations in this format, all in the western United States, and none have public restrooms, and the public is not allowed inside the fueling station building. Council Member Whatcott stated that Walmart’s traffic study was based on their activity. He inquired if a new traffic study was necessary because of the additional pads. A representative of the applicant advised that the design criteria for the Walmart project took into account future development of the entire site, including the traffic analysis. St. George City Council Minutes June 21, 2001 Page Ten Associate Planner Mark Bradley advised that the pads were part of the Walmart site plan, and the original text of the PD mentioned that use of the pads had not been determined, but may include a gas station, restaurant, etc. There being on further comment, Mayor McArthur closed the public hearing. A motion was made by Council Member Orton to table the request until the next regular City Council meeting to allow the City Attorney time to determine if the City can require one business to have facilities other businesses are required to have. The motion was seconded by Council Member Isom. City Attorney Jonathan Wright asked if the motion also included direction to City staff to assure the Walmart impact study included the pads. Council Member Orton replied he would include that in his motion. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-8 Single Family Residential to R-2 Duplex Residential on 8,184 sq. ft. on the north side of Diagonal at 600 North. Rebecca Stucki representing Habitat for Humanity, applicant. Associate Planner Mark Bradley advised that the applicant recently submitted a preliminary plat, and there are some issues regarding access within the proximity of the intersection, however, this would not be a part of the zone change approval process. Mark Fonger with Rosenberg Associates explained that there is a need to reduce this lot to 6,000 sq. ft., and that is why the applicant is requesting R-2 zoning. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Isom to approve by ordinance the zone change as requested. The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance regarding the number of occupants in a dwelling unit for off-campus student housing. City of St. George initiated. Associate Planner Mark Bradley advised City staff recommends an amendment to Chapter 24 of the Zoning Ordinance, "Definitions," to limit occupancy in off-campus student housing. Staff proposes that occupancy of student housing projects with five or more units be limited to six students per unit, provided all other requirements of the Zoning Ordinance are complied with. The Planning Commission recommended additional language limiting the number of student to no more than two students per bedroom, and no more than three bedrooms per unit. Council Member Isom inquired how the City would monitor this requirement, as there are many existing violations with inadequate parking. City Attorney Jonathan Wright advised these would be zoning enforcement issues. St. George City Council Minutes June 21, 2001 Page Eleven Council Member Whatcott commented the proposed amendment did not address parking issues. City Attorney Jonathan advised that parking problems in single family zones would be zoning enforcement issues, and unless designated as student housing, cannot have more than four students per home. Mayor McArthur opened the public hearing. LeeAnn Hoopes commented that it was not just students who caused parking problems within the City. There being no further comment, Mayor McArthur closed the public hearing. A motion was made by Council Member Isom to approve the ordinance as presented with review and changes as necessary in the future. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND FISCAL BUDGET/RESOLUTION: Public hearing to consider amendments to the 2000-2001 fiscal budget for the City of St. George. Administrative Services Director Joe Vincent distributed copies of proposed amendments to the budget. Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing. A motion was made by Council Member Allen to approve the amendments as recommended by resolution. The motion was seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ADOPT FISCAL BUDGET/RESOLUTION: Public hearing to consider public comment regarding adoption of the 2001-2002 fiscal budget for the City of St. George. Administrative Services Director Joe Vincent advised there has been some discussion about adopting new rates for the Sand Hollow Aquatic Center, which could be done as part of this budget hearing. Assistant Leisure Services Director Herb Basso advised City staff has surveyed other facilities and entertainment values, and is hoping to implement an increase prior to the end of the fiscal year. He explained that while a child resident rate will increase, the same value can be obtained through purchase of a punch card. Leisure Services Director Kent Perkins advised that staff has done a good job of programming and reducing costs related to water and power, and the only way to generate additional money for the facility is to raise rates. Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing. St. George City Council Minutes June 21, 2001 Page Twelve A motion to adopt the fiscal budget by resolution, including the proposed rate increase at Sand Hollow, was made by Council Member Orton and seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AMENDED CONDITIONAL USE PERMIT: Consider approval of an amended conditional use permit for the City of St. George’s reuse yard located at 575 E. Brigham Road to allow acceptance of asphalt and concrete from private companies for crushing and storage. City of St. George, applicant. Public Works Director Larry Bulloch advised that the City previously received approval for a conditional use permit to crush concrete and asphalt from City projects, but now would like to expand that use to include concrete and asphalt from private entities. He explained that Mr. Tad Ogden, a professional in his field, helped to evaluate impacts and issues raised by the public, and determined that the reuse center is operating at 1% of the level allowed by state and federal regulations, well below governing regulations for this type of operation. Mayor McArthur inquired what would prohibit private companies from depositing more material than was financially feasible for the City to handle. Mr. Bulloch replied that the private companies will be charged $3 a ton to crush their material, and this will generate revenue for operation of the Streets Division. The City will only be recouping its costs, and is doing it as an accommodation only. Mayor McArthur commented the City should be making a profit, not just recouping costs. Mr. Bulloch suggested $4 a ton for disposal. Mayor McArthur expressed concern that the City would be overrun with material to crush from private companies, and inquired if there was a market for the crushed product. Mr. Bulloch replied that there was a market for it, as it is a high quality material and is better than road base because it contains asphalt. It would available to anyone who wanted to purchase it. Council Member Allen advised that air quality issues were discussed in the Planning Commission meeting. Mr. Tad Ogden advised that air monitoring for fine particulates was performed and sample collections were taken at a distance of 100’ from the operation. The results were 1% of the allowable dust exposure per OSHA, and the facility is not generating a problem from this standpoint. The EPA also does not feel this operation is a problem and advises it could be run 365 days a year, but a permit was given for 180 days a year. Streets Superintendent Randy Halverson advised that private companies crush product for their customers as a service only, and not for profit. Public Works Service Division Manager Lyle Swaney advised this program would help eliminate illegal dump sites throughout the City, and the City has spent 500 man hours cleaning up these dump sites. Scott Nickel advised he does the crushing at the City’s reuse center, and did not think there would be any problem getting rid of the crushed product, nor would the City be overrun with material to crush. St. George City Council Minutes June 21, 2001 Page Thirteen Council Member Orton inquired about the hours of operation for crushing. He was informed the hours were 7:00 a.m. to 7:00 p.m. Phil Williams, representing the Washington County School District, expressed support for the program of recycling green waste and the concept of reusing materials, but stated he was baffled by the reuse center’s location and suggested it be moved to a site better suited to its activity. He also expressed concern about the pile that is now on the site and that moisture will bond it together, the winds will then dry it and blow the dust about. He stated, however, that up to now he has seen little or no dust coming from the operation. Mayor McArthur advised that a lot of thought was put into choosing the present site for the reuse center, and the site is well maintained and not readily seen. Council Member Orton advised he was not sure trees were needed to buffer the site. Associate Planner Mark Bradley advised that the Planning Commission recommended approval of the amended conditional use subject to: 1. Establishing a monitoring system on the site and test air quality during each crushing period. 2. No crushing when wind speeds are greater than the EPA regulations. 3. Provide a screen by planting trees around the entire property. 4. Review in one year. 5. Continue to test for the safety of children. 6. The City actively continue to look for an alternate site for crushing and be ready to move when growth requires it. Mr. Bulloch advised City staff will monitor the facility visually, and if dust becomes a problem, testing will be done. A motion was made by Council Member Orton to approve the conditional use permit with the elimination of two requirements suggested by the Planning Commission: the planting of trees to buffer the site, and establishment of a monitoring system to test air quality. He also suggested the word "actively" be deleted from the suggestion from the Planning Commission that the City "actively" look for a new site. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. ADJOURN TO REDEVELOPMENT AGENCY MEETING: A motion was made by Council Member Orton and seconded by Council Member Isom to adjourn to a St. George Neighborhood Redevelopment Agency meeting. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye St. George City Council Minutes June 21, 2001 Page Fourteen The vote was unanimous and the motion carried. FEE WAIVER AND USE OF PARKS: Consider a request for approval of a fee waiver from the Southern Utah Soccer League as well as permission to use Christensen Park, Dixie Downs Park, and Sunset Park for league games during the fall. Assistant Leisure Services Director Herb Basso advised that the St. George Leisure Services Department has typically been the host for surrounding areas’ programs and currently sponsors a soccer program and the AYSO soccer program. A Southern Utah Soccer League formed last year, and Hurricane offered to let them play on its fields, but they declined, and are requesting permission to use three City parks for their games, as well as a fee waiver for use of those parks. Mr. Basso suggested it was time the City shared the burden of operational costs and wear and tear on the parks with neighboring cities so that the Parks Department is not taking the brunt of all the outdoor activities and other cities share the costs and impacts. He advised that allowing use of three parks at no charge will negatively impact the parks without receiving any revenue. He expressed concern that the request was for use of three neighborhood parks, as these parks were developed with the understanding that they were for the neighborhoods, and not City programs. In fact, the City itself is banned from using the parks for City programs, and it would be unfair to allow a private entity to use them when the City cannot. Mayor McArthur commented that a discussion with the applicant was needed, as the City would have no problem co-sponsoring the league. Council Member Whatcott advised that use of the three neighborhood parks by the applicant would eliminate family use of the parks, and he struggled with using tax dollars to maintain facilities for use by private organizations without compensation. Mr. Basso suggested he would arrange a meeting with the applicants in an attempt to let them know of the challenges faced by the City in considering their request and encourage them to work with other cities for use of their fields. Council Member Isom asked Mr. Basso to pass along to the applicants the City Council’s concern as well, and report to the Council at a later date. POLICY: Consider approval of a policy regarding installation of temporary water and power connections. Water and Power Director Wayne McArthur advised this policy would affect installation of temporary meters for entities such as snow cone shacks, etc. He advised that the City approved a policy years ago but it was overly strict and has been updated to reasonably meet temporary meter needs and update fees. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the policy as presented. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. POLICY: Consider approval of a policy establishing the City’s generation procedure for power. This item was tabled. AIRPORT LEASE: Consider approval of an airport lease for Kenneth Bills at the municipal airport. St. George City Council Minutes June 21, 2001 Page Fifteen City Attorney Jonathan Wright advised the proposed lease is the City’s standard airport lease. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the lease as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen -aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES CONTRACT: Consider approval of a professional services contract with Alpha Engineering for the Bloomington drainage project. City Engineer Dave Demas advised that the City already had Alpha Engineering under contract on the Navajo Detention Basin, and at one time this work was part of that proposal, but it was removed. The City is now ready to move forward with the drainage work. The amount of the contract is $53,344. A motion was made by Council Member Isom to approve the contract with Alpha Engineering as presented. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. RELEASE OF PROPERTY: Consider approval of a release of property for Sandale Investments, LC. Dale Jones, applicant. Council Member Whatcott explained that Mr. Jones proposes that the City release four acres of the property in the area of the old sewer plant he is purchasing from the City and for which he has been making payments. He has paid more than half of the amount owed. Council Member Isom commented that release of the land would leave the City in a good equity position. A motion was made by Council Member Orton and seconded by Council Member Isom to approve release of four acres of property to Mr. Jones. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit for use of the Sunbowl on August 17, 2001 for a concert. Darry Alton, applicant. This item was removed from the agenda at the request of the applicant. DONATION OF PROPERTY/MAINTENANCE AGREEMENT: Consider acceptance of a donation of property for a neighborhood park adjacent to The Villas at Pinebrook on Indian Hills Drive, and associated maintenance responsibilities. St. George City Council Minutes June 21, 2001 Page Sixteen Parks Superintendent Lynne Scott advised that the Parks Department has reached an agreement with Mr. Cary Blake for donation of a parcel of property for a neighborhood park in exchange for a maintenance agreement. Mr. Blake advised he would like to grant an easement to the City for a trail in the first phase of his project. He would then purchase the property for the park and donate it to the City and then develop. City Attorney Jonathan Wright informed Mr. Blake that maintenance of the landscape strip adjacent to his project is subject to the City obtaining the park. Mr. Blake advised he would maintain the landscape strip for now. Council Member Isom inquired if an agreement had been entered into. City Attorney Jonathan Wright replied that Mr. Blake did not yet own the property for the park and therefore could not enter into an agreement. A motion was made by Council Member Whatcott to approve the conceptual agreement between the City and Mr. Blake for donation of property for a park and City maintenance of a landscape strip. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. ENACT STAGE ONE OF WATER CONSERVATION PLAN: Consider enactment of Stage 1 of the Culinary Water Supply/Shortage and Drought Management Conservation Plan. Water and Power Director Wayne McArthur recommended that Stage One of the water conservation plan be implemented. All the City’s wells are on and the spring flow is down to 3,000 gallons per minute and dropping rapidly. Quail Creek is producing 16,000,000 gallons a day out of a capacity of 20,000,000 gallons per day. If the City lost a well or two, there would be a water shortage. A motion was made by Council Member Orton and seconded by Council Member Allen to enact Stage 1 of the plan. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. UPDATE ON INDIAN WATER RIGHTS: Water and Power Director Wayne McArthur advised he attended a meeting last Friday and the EA will probably be completed by mid-July to see what the situation is. There is a lot of debate over the wells and the amount that can be withdrawn from the Gunlock aquifer. APPROVE MINUTES: Consider approval of the minutes of the City Council work meeting held May 24, 2001. A motion to approve the minutes as presented was made by Council Member Isom and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye St. George City Council Minutes June 21, 2001 Page Seventeen The vote was unanimous and the motion carried. Consider approval of the minutes of the regular City Council meeting held June 7, 2001. A motion to approve the minutes as presented was made by Council Member Isom and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. APPOINTMENTS: Consider appointments to boards and commissions of the City. Mayor McArthur recommended appointment of Bob Cochran to the Planning Commission. A motion was made by Council Member Allen and seconded by Council Member Isom to appoint Mr. Cochran to the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. UPDATE ON HOUSING AUTHORITY: Council Member Sharon Isom advised that Brenda Butler has been asked to serve on the board of Freddie Mac and Fanny Mae and will be traveling to Albuquerque to make a presentation on the St. George Housing Authority. St. George will be the pilot for a new program being instituted. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss litigation was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye The vote was unanimous and the motion carried. ADJOURN: The meeting adjourned following executive session. ______________________________ Gay Cragun, City Recorder