City Council Minutes

Thursday, July 5,2001



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JULY 5, 2001, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Council Member Sharon Isom Council Member Suzanne Allen Council Member Bob Whatcott Council Member Larry Gardner City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Council Member Rod Orton CALL TO ORDER: Mayor McArthur called the meeting to order, welcomed all in attendance, and led the flag salute. The invocation was offered by Vardell Curtis. PAIGE CANNON RETIREMENT: Mayor McArthur recognized Paige Cannon who is retiring after 26 years of service with the City. Mayor McArthur thanked Mr. Cannon for his dedicated service and presented him with a clock. Council Member Isom arrived. RECOGNIZE MATT VALANTINE: Mayor McArthur recognized Matt Valantine who was moving from the area after serving on the Planning Commission for six years. Mayor McArthur thanked Mr. Valantine for his service and presented him with a plaque. DIXIE HIGH SCHOOL STADIUM NAME CHANGE: Mayor McArthur advised that graduates of Dixie High School are proposing to name the stadium at Dixie High School the "Walt Brooks Stadium." The Mayor and City Council expressed support for the proposal. AWARD OF BID: Consider award of bid for construction of the south Virgin River trail project. Leisure Services Director Kent Perkins presented four bids received: L&M General Eng. & Const. Inc. $157,999.56 Sunroc Corporation $163,714.14 Progressive Contracting, Inc. $171,612.65 Bud Mahas Construction $198,606.44 He recommended award of the bid to the low bidder, L&M General Eng. & Const. Inc. in the amount of $157,999.56. He advised the bid is $22,000 below the engineer’s estimate and $33,000 below the budgeted amount. A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to the low bidder, L&M General Eng. & Const. Inc in the amount of $157,999.56. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. Mr. Perkins advised this trail will be completed the last week of October, 2001 and will establish a formal loop from Bloomington Hills to the Virgin River Trail. St. George City Council Minutes July 5, 2001 Page Two He advised that the Sand Hollow Trail is being paved and should be completed within a few weeks, and the Santa Clara River and Middleton Wash Trails are under design. AWARD OF BID: Consider award of bid for the purchase of marathon T-shirts for the 2001 race. Leisure Services Director Kent Perkins advised that ten proposals were received for marathon T-shirts per the attached "Exhibit A." He recommended award of the bid to Leslie Jordan, Inc. for purchase of custom color T-shirts in the amount of $36,416.61. Printing and bagging will be bid out separately at a later date. He explained that Leslie Jordan, Inc. was the only bidder providing the option of custom color T-shirts. A motion was made by Council Member Isom and seconded by Council Member Gardner to award the bid for custom color T-shirts to Leslie Jordan, Inc. in the amount of $36,416.61. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. Mr. Perkins advised the City will be purchasing 371 dozen T-shirts. ANNEXATION ORDINANCE: Consider approval of an ordinance annexing approximately 3,386 acres, more or less, and commonly referred to as The Ledges area, located north of the City adjacent to Highway 18. Council Member Gardner declared a conflict of interest and left the stand. Mayor McArthur advised that the appropriate public hearings had been held in the past and this action was to consider adoption of the ordinance only. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the ordinance as presented. City Manager Gary Esplin explained that the reason for the delay between the public hearings and adoption of the ordinance was because the developers were trying to resolve utility issues, but those issues can be worked out at a later date, and development of the area cannot take place until they are resolved. Mr. Esplin advised that the "Ledges" area is within the area designated by the City for future expansion. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Council Member Gardner returned to the stand. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 26, 2001, recommended that public hearings be scheduled for August 2, 2001 at 5:00 p.m. to consider (1) a request to amend the Zoning Ordinance (Chapter 16 Mobile Home Zone) to enlarge the size of homes allowed St. George City Council Minutes July 5, 2001 Page Three in RV parks from 750 sq. ft. to 825 sq. ft. Doug Campbell, Rio Virgin RV Park, applicant; and (2) amendment of the road dedication plat for Stonebridge Drive and Country Lane. City of St. George, applicant. A motion was made by Council Member Whatcott and seconded by Council Member Isom to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - 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 26, 2001, recommended approval of the amended final plat for Sun River Phase I Plat IA subject to the abandonment of easements by the City Council in order to create two lots out of three. Darcy Stewart, applicant. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the final plat subject to the recommendation of the Planning Commission, and authorize the Mayor to sign the plat. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - 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 26, 2001, recommended approval of the final plat for Sedona Hills Townhomes Phase II. Vince Clayton, applicant. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - 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 26, 2001, recommended approval of the final plat for Countryside Subdivision Phase I. Clayton Leavitt, applicant. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye St. George City Council Minutes July 5, 2001 Page Four The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a daycare facility for up to 14 children in a home at 2047 West 1425 North. Tammy Ludwig, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 26, 2001, recommended approval of a conditional use permit for a day care facility for up to 14 children in a home at 2047 West 1425 North. Tammy Ludwig is the applicant. Mr. Bradley advised that all necessary inspections had been made. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the conditional use permit as requested. 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. DRAFT MANAGEMENT PLAN FOR SAND HOLLOW/SAND MOUNTAIN RECREATION AREA: Presentation from the Utah State Parks and Recreation Division regarding the Draft Recreation Management Plan for the Sand Hollow/Sand Mountain Recreation Area. This item was tabled to the next agenda as the applicant was not present. BUSINESS LICENSE/ICE CREAM CATERING BUSINESS: Consider a request for approval of a business license for an ice ream catering business doing business as Dad’s Ice Cream. John LaGant, applicant. City Manager Gary Esplin explained the applicant would like to operate several ice cream trucks and cover the entire community. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the business license as requested. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES CONTRACT: Consider approval of a professional services contract for architectural services for the Parks maintenance facility with Naylor Wentworth Architects. City Manager Gary Esplin explained that while the City has not used Naylor Wentworth in the past, it has seen the preliminary drawings and likes the nature-sensitive concept proposed by Naylor Wentworth. A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the professional services contract as proposed. Mayor McArthur called for a vote, as follows: St. George City Council Minutes July 5, 2001 Page Five Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. Council Member Allen commented she would like Deputy City Attorney Ron Read’s proposed revisions to the agreement included in her motion. DELAY IMPACT FEES: Consider a request to delay impact fees for a spec building in the Ft. Pearce Industrial Park. City Manager Gary Esplin advised that a similar request had previously been granted for the developers of the Ft. Pearce Business Park. The current applicant is Camco. Mayor McArthur commented it was the City’s policy that impact fees be delayed only for spec buildings in the Ft. Pearce and Millcreek Industrial Parks. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the request. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AUTHORIZE MAYOR’S SIGNATURE: Consider authorizing the Mayor to sign a grant agreement request to the Quality Growth Commission for a water conservation program. City Manager Gary Esplin explained the Mayor’s signature was needed on a grant agreement for a water conservation program. The City previously sent letters to neighboring communities to seek support for development of a joint conservation program. The agreement would allow the City to receive reimbursement for some of its costs. A motion was made by Council Member Isom and seconded by Council Member Gardner to authorize the Mayor to sign the agreement. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss litigation and property purchase matters was made by Council Member Allen and seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes July 5, 2001 Page Six RECONVENE: A motion to reconvene wa made by Council Member Gardner and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND PD/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 TESORO Fueling Station, applicant. Community Development Director Bob Nicholson explained this item was tabled from the last City Council agenda in order to research concerns raised at that meeting. The City Attorney advises that there is no requirement for on-site public restrooms at a fueling station, and the applicant has written permission from Walmart for its patrons to use the Walmart restrooms. Additionally, the out lot pads were included in the Walmart traffic study. It is recommended, however, that placement of a driveway between two of the out lot pads be reviewed by the City’s traffic engineer. Darrell Jordan, representing the applicant’s engineering firm, advised the applicant has a letter from Walmart authorizing use of its restrooms for the fueling station’s clients. He advised that large trucks will be not be able to fuel there. Mayor McArthur opened the public hearing. Council Member Whatcott inquired about signage. Community Development Director Bob Nicholson advised that the lettering on the fueling station canopy was allowed, as well as a free-standing pole sign. Mayor McArthur advised he had received several letters in opposition to the proposed fueling station. There being no public comment, Mayor McArthur closed the public hearing. Brian Morgan advised he was asked by Ray Draper to express opposition to the proposal, as not all patrons of the fueling station will use Walmart’s restroom facilities but will use those of adjacent service stations, who have been required to provide public restroom facilities. Mr. Morgan was advised by members of the City Council that while they may feel the same as Mr. Draper and Mr. Morgan, there is no local, state or federal requirement that a fueling station provide restroom facilities for the public. A motion was made by Council Member Isom and seconded by Council Member Allen to approve by ordinance the requested amendment to the PD zone. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. St. George City Council Minutes July 5, 2001 Page Seven Council Member Whatcott commented he liked the proposed recessed lights in the fueling station’s canopy and wished the Shell station at the Bloomington Interchange would do something similar as he has received complaints from citizens about the bright lights at night. Community Development Director Bob Nicholson advised the City has also received the same complaints and contacted Steve Holt who advised he turned down the lights, but apparently not enough. City Manager Gary Esplin advised that Mr. Holt will be contacted again. PUBLIC HEARING/AMEND MASTER ROAD PLAN/ORDINANCE: Public hearing to consider approval of amendments to the City’s Master Road Plan. City of St. George, applicant. Assistant City Engineer Jay Sandberg advised that the City’s Master Road Plan was last updated in 1995. The plan gives direction to the capital improvement plan and developers use it to plan for development. The City’s GIS system and aerial photography have helped to update the master road plan. He explained the three major categories of roads: residential, collector, and arterial, and the differences between each. He then reviewed the proposed master road plan with the Mayor and Council. He advised that the Planning Commission reviewed the plan three times. Council Member Whatcott commented he hoped City staff was planning beltways and thoroughfares without traffic lights to help move traffic throughout the City. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Gardner made a motion to approve the proposed master road plan as presented, realizing it was a conceptual plan at this time. The motion was seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/CAPITAL FACILITIES PLANS/ORDINANCE: Public hearing to consider adoption of the Capital Facilities Plans for the Water and Power and Public Works Departments. Council Member Isom suggested the matter be tabled until after the July 12 meeting on the matter. She made a motion to continue the matter until the September 13 City Council meeting in order to further study the proposed plans and any information received from the July 12 meeting The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held June 14, 2001. St. George City Council Minutes July 5, 2001 Page Eight A motion was made by Council Member Isom and seconded by Council Member Allen to approve the minutes as amended. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the regular City Council meeting held June 21, 2001. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Gardner - aye The vote was unanimous and the motion carried. The meeting then adjourned. _______________________________ Gay Cragun, City Recorder