City Council Minutes

Thursday, July 17,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 17, 2003, 4:00 p.m.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Larry Gardner
Council Member Rod Orton
Council Member Sharon Isom
Council Member Suzanne Allen
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Bob Whatcott

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Gardner and the invocation was offered by Mayor McArthur.

Mayor McArthur read a proclamation proclaiming July 23, 2003 as Americans with Disabilities Day. Jon Belnap advised that a march would be held Saturday July 26 at 9:00 a.m. beginning at the Red Rock Independence Center and ending at the Bluff Street Park. He invited everyone to attend.

WATER CONSERVATION UPDATE:
Conservation Coordinator Ren? Fleming reiterated the need for water conservation, and displayed a new door hangar which will be left at residences as a reminder of the importance of conserving water.

Mayor McArthur advised that all City parks, cemeteries and school grounds are watered with irrigation-quality water, and they are only watered during the day if the watering cannot be completed during nighttime hours. There are 111 watering systems in the City handled by two full-time employees in the Parks Department.

PRESENTATION:
Fire Chief Robert Stoker introduced Alan Jooes, Director of the Utah Fire and Rescue Academy, who presented Chief Stoker with an award for having 96% of the City?s firefighters certified as Firefighter I in hazardous materials awareness.

AWARD OF BLANKET CONTRACT:
Consider award of a blanket contract for sludge disposal at the Washington County Landfill.

Purchasing Agent Sue Swensen advised that the estimate of cost is $90,000 for one year with the Washington County Landfill.

A motion was made by Council Member Orton and seconded by Council Member Isom to award the blanket contract as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BLANKET CONTRACT:
Consider award of a blanket contract for poly phase solid state demand meters and single phase demand meters, ABB brand.

Purchasing Agent Sue Swensen recommended award of a blanket purchase contract for commercial meters with Codale Electric in the amount of $55,000 for the year.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award a blanket contract to Codale Electric in the amount of $55,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BLANKET CONTRACT:
Consider award of a blanket contract for UV ballasts, lamps, sleeve, etc. for the water reclamation system.

Purchasing Agent Sue Swensen recommended award of a blanket contract with Trojan Technologies in the amount of $50,000 for the year.

A motion was made by Council Member Isom and seconded by Council Member Orton to award the blanket contract to Trojan Technologies in the amount of $50,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.




St. George City Council Minutes
July 17, 2003
Page Two

ORDINANCE:
Consider approval of an ordinance establishing an Administrative Code Enforcement program.

City Manager Gary Esplin explained that a copy of the proposed ordinance was distributed at the last meeting.

City Attorney Shawn Guzman advised that an administrative law judge will have to be hired.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the ordinance. Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance adopting the City Code.

City Manager Gary Esplin explained that the proposed ordinance can be accessed through the City?s web site with a link to Sterling Codifiers. It will be updated on a regular basis.

A motion to approve the City Code was made by Council Member Allen and 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 Gardner - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the issuance and sale of not more than $5,500,000 aggregate principal amount of excise tax revenue bonds, Series 2003 of the City of St. George, Washington County, Utah for the purpose of financing the construction and maintenance of Class C roads and related improvements; calling a public hearing and establishing a time, place and location for said public hearing; providing for the publication of a notice of public hearing and bonds to be issued; providing for a pledge of excise tax revenue for repayment of the bonds; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the running of a contest period; and related matters.

City Manager Gary Esplin explained that under State law cities can pledge Class C and road tax dollars for specific projects. The City has done this in the past and currently has one issue outstanding. Since the bonds for the outstanding project are not callable, it is proposed that after they are redeemed and paid off, any remaining funds be used to pay the new bond. The new bond is for ten years. This resolution will allow the City to repay itself for any funds spent prior to the issuance of the new bonds.

Mayor McArthur commented that this is the first step in order to finish the continuation of Riverside Drive, widening the Dixie Drive bridge, and several other unfinished projects throughout the City.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Isom - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.




St. George City Council Minutes
July 17, 2003
Page Three

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 8, 2003, recommended that public hearings be scheduled for August 7 at 5:00 p.m. to consider the following items:

A. Consider approval to amend the Hidden Valley PD site plan and building elevations for 244 townhome unites located at approximately 700 East Brigham Road. Rimrock Construction is the applicant.

B. Consider approval to amend the Blackridge PD Commercial site to replace the proposed movie theater with a four story office building and for amendments to the site layout, which includes restaurants and retail for the parcel east of 250 West located at the northeast corner of the 250 West and Blackridge Drive intersection. Steve Brown is the applicant.

C. Consider approval of a zone change from PD Commercial to C-2 and OS on 30.285 acres with a development agreement located at 100 South between River Road and the East Black Ridge. Ed Burgess is the applicant.

A motion to set the public hearings as recommended by the Planning Commission was made by Council Member Orton and seconded by Council Member Isom. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 8, 2003, recommended approval of the preliminary plat for Grand Vista Cove with 13 single family lots located off River Road at about 3200 South north of the Brigham Road and River Road intersection, with access off Basswood Circle. The Planning Commission did not feel this was a significant change to the PD. The Planning Commission also recommended that Lot 1 meet minimum standards for the driveway from the intersection. Tim Taysom is the applicant. Mr. Bradley explained that at the time the PD was approved, and after public hearings, the approved access was off River Road. Staff has recommended that for safety purposes, access be from within the Bloomington Hills subdivision. However, Bloomington Hills residents were opposed to access from their subdivision. Mr. Bradley explained this area is part of the Fossil Hills/Hidden Valley Planned Development, designated as R-1-8 standards similar to the Bloomington Hills zone. The area consists of 3.93 acres for a density of 3.31 dwelling units per acre.

City Manager Gary Esplin explained that several years ago when this issue was discussed, it involved a zone change and notices were sent to all adjacent property owners. As a compromise, the approved access from River Road was supposed to line up to access across the street.

Don Leavitt, representing Trust Lands, explained that the project is within a PD zone. He stated he felt it did not make sense to create a situation which may require a traffic light on River Road, and whatever would happen along River Road should happen independent of the 13 lots. He stated it made sense for the access to be through Bloomington Hills.

City Manager Gary Esplin advised that if the City Council wanted to proceed with approval of the preliminary plat, it would have to determine that the change of access was not a significant change to the PD.

Associate Planner Mark Bradley advised that the neighbors did not receive notification of this changed access. Their understanding is that the access will be off River Road.

Council Member Isom commented she felt this was a significant change to the PD.

Council Member Allen advised there was a lot of discussion at the Planning Commission meeting against the access change constituting a major change because both accesses had been discussed in the past.

City Manager Gary Esplin commented that while he supported the access through the Bloomington Hills Subdivision, it must be determined if this is a significant change to the PD zone. If not, then there is no problem approving the access. However, the access through the subdivision will have an impact on the subdivision. He inquired if the neighborhood should be allowed to have an opportunity to voice their concerns when they left the last public hearing thinking there would be no access through their neighborhood.

Council Member Allen commented she did not realize the neighbors did not receive notification, and they should have the opportunity to voice their concerns.


St. George City Council Minutes
July 17, 2003
Page Four

Brett John, representing the applicant, commented it appeared there has always been an understanding there is some kind of access through the subdivision, as there are currently utilities located in the area, and this is clearly not a new concept.

City Manager Gary Esplin replied that utilities are different than a roadway, and he suggested another public hearing be held just to be safe.

A motion was made by Council Member Isom and seconded by Council Member Orton that the change in access constituted a significant change to the PD and required a public hearing. The public hearing was then scheduled for August 7. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 8, 2003, recommended approval of the preliminary plat for The Pointe at Sunbrook with 17 single family lots located off Emeraude Drive at the north end of the Sunbrook development off of Dixie Drive. Scott McCall is the agent. This phase is located north of the French Quarter and Hole 3 of the Woodbridge course and west of the Santa Clara River. The proposed lots are outside of the 100 and 500 year floodplains. There is a trail and emergency access between Lots 6 and 7. The area is zoned PD Residential and 17 lots are proposed for a density is 2.45 dwelling units per acre.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the preliminary plat. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT AND HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held July 8, recommended approval of the preliminary plat for Lakota with 87 single family lots located along Snow Canyon Parkway on the east side of the Parkway at the intersection of Dixie Downs Road and Snow Canyon Parkway subject to the stipulation that the construction drawings not be approved until access if worked out between Castle Rock and Dr. Clark?s property regarding connectivity and circulation, and subject to the Hillside Review Board?s recommendations. Randy Deschamps is the agent. The proposed project received City Council approval on April 17, 2003 for a PD Residential development subject to receiving a hillside development permit. There is a combination of public and private streets throughout the project. The main concern is the hillside formation and slopes along the north and northeast boundaries.

The Hillside Review Board recommended approval of the plan with the following requirements:

1. Submittal of a detailing landscape grading plan for the entrance due to the steepness of the hillside off of Snow Canyon Parkway.

2. City staff oversee the excavation of Lots 11-14.

3. Provide a landscape plan for areas along the slope-cut areas.

Mr. Bradley advised that the area is zoned PD Residential and consists of 23.38 acres and 87 lots for a density of 3.72 dwelling units per acre.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the preliminary plat subject to the recommendations of the Planning

Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the hillside development permit subject to the recommendations of the Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried.

NON-CONFORMING DWELLING ADDITION:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held July 8, 2003, recommended approval of an addition to a non-conforming mobile home located at 2018 West 1760 North, finding that the applicant had extensively cleaned up the lot and improved the living conditions, and the addition does not impose an unreasonable burden upon the adjacent neighbor or lands located within the vicinity. Jim Jensen is the applicant. Mr. Bradley explained that the mobile home meets front and side setbacks, but the rear yard has less than the required 10' separation. The applicant would like to replace an existing porch, and the adjacent neighbor has no opposition to the request.

St. George City Council Minutes
July 17, 2003
Page Five

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the request. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/BOUNDARY LINE ADJUSTMENT/ORDINANCE:
Public hearing to consider approval of a boundary line adjustment with Washington City along Middleton Drive and generally along the frontage of the Canyon Breeze RV Park.

City Manager Gary Esplin advised there was a small discrepancy in the legal description. He recommended the public hearing be held but any action continued until the next meeting so the proper legal description could be obtained.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

A motion was made by Council Member Isom and seconded by Council Member Orton to continue the matter until the August 7 meeting. Mayor McArthur called for a vote, and all voted aye. The motion carried.

LAND EXCHANGE:
Consider approval of a land exchange with Hurricane City.

City Manager Gary Esplin explained that when the Quail Creek Treatment Plant was built, there was a question about hook-up and connection fees and what Hurricane City would be required to pay. This has been an ongoing discussion. It is now proposed that the City of St. George deed to Hurricane its half interest in jointly-owned property appraised at $140,000 which contains a spring used by Hurricane. The Water and Energy Services Board recommends approval.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the land exchange. Mayor McArthur called for a vote, and all voted aye. The motion carried.

BEER LICENSE:
Consider approval of a beer license for the Albertson?s store on Sunset Blvd.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the beer license. Mayor McArthur called for a vote, and all voted aye. The motion carried.

A representative of Albertson?s advised that the grand opening will be held July 29.

Council Member Orton inquired if the City?s procedure for obtaining a corporate beer license should be changed.

City Manager Gary Esplin replied that the City has no control over BCI and the length of time it takes them to check fingerprints.

Council Member Orton expressed surprise that the City required background checks of local managers when a national corporation was trying to obtain a beer license.

City Manager Gary Esplin replied that this could certainly be looked at, but it has not caused much of a problem in the past.

Alan Hansen, director of the new store, explained that the City of St. George requires a seven state background check, while most other cities require only a background check in the state in which a license is sought. However, the grand opening was moved up and Albertson?s did not get its paperwork submitted in time to accommodate the City Council?s meeting schedule.

City Attorney Shawn Guzman explained that St. George is in a unique location and there is the potential for employees who may live outside the State of Utah, and this is the reason a more extensive background check is done.

CHANGE ORDER:
Consider approval of a change order to expand construction of the Dixie Drive bridge to full width.

City Manager Gary Esplin suggested this item be tabled because not enough information from the contractor had been received.




St. George City Council Minutes
July 17, 2003
Page Six

POLICY STATEMENT:
Consider approval of a policy statement for a Disadvantaged Business Enterprise (DBE) program for the transit system.

Ryan Marshall explained that in order to qualify for transit federal funding, a DBE program similar to the one at the airport is needed. He recommended adoption of a policy statement which will be customized for the Federal Transit Administration stating that the City will adopt a policy friendly to the DBE.

City Manager Gary Esplin explained that the policy statement will be brought back for the Council?s review.

A motion was made by Council Member Gardner and seconded by Council Member Allen
to approve the policy statement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

MOBILE FOOD VENDOR LICENSE:
Consider approval of a mobile food vendor business license. Hot Katz Katering, applicant.

City Manager Gary Esplin explained that the necessary information and routing map have been submitted.

Julian Astudillo, representing the applicant, distributed an information sheet and advised that he would begin his business with two trucks, but was hoping to have a large fleet.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the license as requested. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Isom advised the applicant to bring in new route maps when he has them.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held June 19, 2003.

A motion to approve the minutes as presented was made by Council Member Isom and seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss litigation and a property purchase was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Gardner - 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 McArthur called for a vote, and all voted aye. The motion carried.

DISCUSSION RE IRRIGATION WATER:
City Manager Gary Esplin advised there were irrigation water problems in the Bloomington Hills area. The available irrigation water is being taxed to the maximum because of the drought, and area parks and the St. George Golf Course are suffering. A solution would be to bring five wells owned by the Washington County Water Conservancy District into the system which could be mixed with water from the Quail Creek line. The system used for watering the Canyons Complex is also maxed out. It is estimated this additional cost would be $37,000 a month.

Council Member Orton inquired of Water Services Director Barry Barnum how badly the City was drawing down on its culinary wells.

Mr. Barnum replied that there did not appear to be a trend, as the levels vary, but it did not appear they were being mined at this time.


St. George City Council Minutes
July 17, 2003
Page Seven

A discussion took place about letting the grass dry up at various City facilities and reseed at a later date, or pay for additional water now.

City Manager Gary Esplin suggested that the City purchase the water.

Mayor McArthur commented that as far as culinary water, the residents have been doing a fantastic job, and with conservation the City should have adequate resources.

Council Member Gardner commented that people get paranoid about the word ?conservation? as conservation implies that the City is demanding certain things. The City should instead stress ?wise use? and switch its nomenclature as it is creating a false paranoia and this needs to be combated.

DISCUSSION RE ROSENBRUCH MUSEUM:
A discussion was held concerning ways to reduce Mr. Rosenbruch?s payment so he could run the museum, and at the end of the lease the City would own the building.

UPDATE ON AMERICAN LEGION:
City Manager Gary Esplin advised it is now proposed that the City spend $50,000 out of its capital project fund to help fund an American Legion building.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss litigation and a property purchase was made by Council Member Orton and seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Isom - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

RECONVENE:
A motion to reconvene was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS:
A brief discussion was held concerning the Houston property issue and a resolution of the impact fee deferrals given on the RV park.

Mayor McArthur advised that Larry Belliston is anxious to get an address for his project in the area of Mall Drive adjacent to the Middleton Wash. City Manager Gary Esplin advised that the condemnation should be completed within the next few days.

The meeting then adjourned.



_____________________________
Gay Cragun, City Recorder