City Council Minutes

Thursday, October 16,2003



St. George City Council Minutes
Regular Meeting
October 16, 2003
City Council Chambers

PRESENT:
Mayor Daniel McArthur
Council Member Sharon Isom
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Ren? Fleming

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. Mayor McArthur led the pledge of allegiance and City Attorney Guzman offered the invocation.

City Manager Esplin indicated two agenda items have been tabled, item 6D regarding the dinosaur site agreement and item 6I regarding an annexation petition.

City Attorney Guzman introduced the new City Prosecutor, Eric Gentry and advised the council that Mr. Gentry will begin working on Monday October 21, 2003.

Mayor McArthur presented an award for Excellence in Financial Reporting to Finance Director Peterson.

Mr. Peterson indicated this is the 16th time in 20 years that the City has received this award. He thanked the council for the opportunity to work here for the last 21 years; it?s been a pleasure.

BID OPENINGS
Consider award of bid for two SUV units for the Police Department

Purchasing Agent Swensen indicated bids were requested from several vendors, three bids were received. The recommendation is to award the bid to the low bidder, Young Chevrolet for two SUV?s for a total cost of $40,492.00.

Council Member Isom made a motion, seconded by Council Member Allen to award bid to for two SUV units for the Police Department to Young Chevrolet in the amount of $40,492.00. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider award of bid for fireworks for First Night and the Fourth of July

Purchasing Agent Swensen indicated Request for Proposals (RFP) were accepted from three vendors. After reviewing the RFP?s the recommendation is to award the bid for both shows to Fireworks America. The cost for First Night will be $13,000; the cost for the Fourth of July will be $16,000, for a total of $29,000.00

Council Member Whatcott made a motion, seconded by Council Member Orton to award the bid for fireworks for First Night and the Fourth of July to Fireworks American in the amount of $29,000.00. Mayor McArthur called for a vote; all voted aye, motion carried.




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October 16, 2003
Page Two

Consider award of bid for chemicals and fertilizer for various City departments

Purchasing Agent Swensen indicated five vendors sent in bids for the list of 60 different chemicals and or fertilizers. The recommendation is to set up contracts with Steve Reagan, Helena Chemical and Simplot Partners with the amounts not to exceed $75,000 on any one blanket order.

Council Member Gardner asked what determines which vendor to use?

Purchasing Agent Swensen indicated the item would be ordered by line item.

Kip Hansen with Steve Reagan Co. indicated he participated in the bid process a year ago. He complimented the council on the local vendor preference policy. He indicated there is a problem with the policy which he hopes will be corrected. Last year his company was awarded 17 line items but only invoiced the City for 3 of the line items. He would like the purchasing of items on the blanket order handled more fairly. With the local vendor preference his company only received about $3,200 in sales. He explained compiling the bid information is a lot of work and he feels there is resistance at the department level to make purchases from the vendors with approved blanket orders.

Council Member Gardner asked how to ensure that once the bid is awarded it is handled properly.

City Manager Esplin indicated the process should be handled through the purchasing department.

There was discussion with regard to how the product is to be purchased and how to make sure policy is followed.

Mayor McArthur suggested City Manager Esplin send a memo to all departments emphasizing that proper procedure be followed.

City Manager Esplin indicated he has done that in the past and will do it again.

A motion was made by Council Member Orton, seconded by Council Member Gardner to award the blanket orders to Steve Reagan, Helena Chemical and Simplot not to exceed $75,000 on any one blanket order. Mayor McArthur called for a vote; all voted aye, motion carried.

RESOLUTIONS:
Consider approval of a resolution authorizing purchase of the UAMPS portion (15%) of the Bloomington generation facility.

City Manager Esplin indicated staff recommendation is to go forward with the purchase, as that is better to own 100% of the facility rather than share ownership with UAMPS members.

Council Member Gardner made a motion, seconded by Council Member Isom to approve by resolution the purchase of the UAMPS portion (15%) of the Bloomington generation facility in amount of $1.2885 million. Mayor McArthur called for a roll call vote as follows:






St. George City Council Minutes
October 16, 2003
Page Three

Council Member Gardner, aye
Council Member Allen, aye
Council Member Isom, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried

STAFF REPORTS
Consider approval of a Certificate of Participation for the purchase of the Bloomington Generation Facility

City Manager Esplin explained this item is on the agenda at the request of UAMPS. The Certificate of Participation is paperwork that has to be completed in order to complete the purchase of the facility.

Council Member Isom made a motion to approve the Certificate of Participation for the purchase of the Bloomington Generation Facility. Council Member Orton seconded the motion. Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of an equipment purchase agreement for the Bloomington Generation Facility

City Manager Esplin explained this is the agreement to purchase the equipment at the generation facility.

Council Member Isom made a motion to approve the equipment purchase agreement for the Bloomington Generation Facility. Council Member Gardner seconded the motion. Mayor McArthur called for a vote; all voted aye, motion carried.

City Manager Esplin commented that other UAMPS members involved in this project expressed concern about how the facility is operated. With this purchase the City will have total control of the facility.

RESOLUTIONS:
Consider approval of a resolution adopting the project area budget for the Fr. Pierce Economic Development Project Area #2

City Manager Esplin explained this resolution is redundant and not necessary.

STAFF REPORTS:
Consider approval of a beer license for the concessionaire at the St. George Golf Club

City Manager Esplin indicated the application has been reviewed the applicant does meet the requirements for issuance of a license.

Council Member Whatcott made a motion, seconded by Council Member Gardner to approve a beer license for the concessionaire at the St. George Golf Club. Mayor McArthur called for a vote; all voted aye, motion carried

Consider approval of proposed colors for the exterior of the three story office building planned for 250 West and Blackridge Drive



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October 16, 2003
Page Four

Steve Brown indicated more stucco was incorporated into the design of the building exterior. He proposed using two different colors of brown for base and highlight colors. There are three different colors of windows for the council to consider. All are medium reflectivity.

There was discussion concerning the degree to which the different windows are reflective. The copper on bronze is the first choice of the developer. The council indicated any of the three window colors would be appropriate.

Council Member Orton made a motion, seconded by Council Member Isom to approve the three story building with the two tone brown stucco colors and any of the three proposed colors for the windows. Mayor McArthur called for a vote; all voted aye, motion carried

Consider approval of a change order to establish pricing for additional work on the Dixie Drive Bridge

City Manager Esplin explained the change order for work on Dixie Drive Bridge was approved in a previous council meeting without a firm estimate of the cost. Two change orders have been approved previously in the amount of $17,106.77. With this third change order in the amount of $15,292.90 the total order is greater than $25,000, therefore it requires council approval.

Council Member Gardner made a motion seconded by Council Member Allen to approve the change order in the amount of $15,292.90. Mayor McArthur called for a vote; all voted aye, motion carried

Report form the Planning Commission meeting held October 14, 2003

Associate Planner Bradley advised there are three items the Planning Commission recommends for public hearing on Thursday Nov 6, 2003 or anytime after that. An annexation policy plan for the City of St. George, an amendment to the PD Commercial zone to allow two temporary modular units as class rooms for a maximum of two years for the existing Raindancer Youth Services with up to 138 students (58 max. to be housed on-site) located at 115 West 1470 South and a zone change from R-2 Multiple Family Residential to C-3 General Commercial on 0.65 acre located at approximately 150 North 400 East.

Council Member Allen made a motion, seconded by Council Isom to set public hearings for all three items at the regular council meeting November 6, 2003 or anytime after that. Mayor McArthur called for a vote; all voted aye, motion carried

Final Plats

Associate Planner Bradley indicated there are five final plats submitted for council approval. Kachina Cliffs Phase 1 at Entrada with 25 single family lots located on Entrada Trail off of Snow Canyon Parkway, Tobler Subdivision with 8 multiple family lots located at 1550 West 1040 North, Garden Park Subdivision with 39 single family lots located at 3550 South 1660 West, Skyline Ridge Phase 2 with 4 single family lots located at 1460 West and Snow Canyon Parkway and Bella Viaggio Subdivision with 28 single family lots located at Sir Monte Drive and Balboa Way.

Associate Planner Bradley explained the Legal Department has not had time to review the three of the final plats; however, the plats for Kachina Cliffs and Tobler Subdivision are ready for the Mayor?s signature.



St. George City Council Minutes
October 16, 2003
Page Five

Council Member Orton made a motion to approve and authorize the Mayor to sign the final plats for Kachina Cliffs Phase 1 at Entrada and Tobler Subdivision immediately and to approve the Garden Park Subdivision, Skyline Ridge Phase 2 and Bella Viaggio Subdivision and authorize the Mayor to sign the plats after all required staff signatures are obtained. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote; all voted aye, motion carried
Preliminary plat

Associate Planner Bradley indicated a preliminary plat for Stone Cove Subdivision with 25 single family lots located at 1450 South 2580 East has been submitted for council approval. The road alignment has been worked out as far as it can be at this time. The alignment area is part of phase 4, which allows the city and property owners to finalize the angle of degree for the intersection.

Council Member Isom made a motion to approve the preliminary plat for Stone Cove Subdivision subject Planning Commission restrictions. Council Member Allen seconded the motion. Mayor McArthur called for a vote; all voted aye, motion carried

Associate Planner Bradley indicated a request for a conditional use permit for a child day-care up to 18 children located at 177 North 2230 East has been submitted for approval. The applicants have been running a day care at this home for several years. The State of Utah Department of Licensing notified them of the City requirement. The home is located in an R-1-8 single family residential zone across the street (east) from the Pine View Middle School. The home is situated on a knuckle intersection similar to a cul-de-sac and there is a walk way south of the home where students are able to take an access route to school. Currently there are12 children coming to facility, the Fire Department has verified the square footage requirement can be met. There have been no complaints from neighbors.

Council Member Gardner made a motion seconded by Council Member Isom to approve the conditional use permit for up to 18 children. Mayor McArthur called for a vote; all voted aye, motion carried

Consider acceptance of an annexation petition for the Burton Burgess property located along Dixie Drive at approximately 1800 South

There was discussion regarding the reason this item was tabled. The State law has been changed and staff is requiring the applicant fulfill the requirements of the State law before it can be presented to council for approval.

City Manager Esplin indicated that as soon as the applicant has complied with the State law the item will be put on a council agenda.

Consider approval of the program standards for the CDBG-funded payment assistance program and also a subcontractor agreement with Color Country Community Housing Inc. to administer the program

Community Development Director Nicholson indicated the funds are from a community development block grant. He explained the program standards.

There was discussion regarding the purpose of the grant, which is to encourage young families to purchase homes in the downtown area.



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October 16, 2003
Page Six

Community Development Director Nicholson detailed the target areas of the program. It is broken into two areas; one area has older homes in need of rehab. Homes in area one would be initially targeted from now until June 30, 2003 and after July 1, 2003 both areas would be targeted.

There was discussion of the proposed areas, they would include and complement the conservation zone and would assist with providing more affordable housing in the community.

The program was discussed with regard to how the funds are awarded. The funds will be approved for home improvements to projects that qualify on a first come first served basis. The program will be advertised by developing and distributing brochures to real estate companies as well as putting information in the paper.

Community Development Director Nicholson detailed the loan functions that will be conducted by Color Country Community Housing Inc. Up to 10% of the program funds can be used for administration.

Council Member Gardner made a motion, seconded by Council Member Orton to grant approval of the program standards for the CDBG-funded payment assistance program and also a subcontractor agreement with Color Country Community Housing Inc. to administer the program. Mayor McArthur called for a vote; all voted aye, motion carried.

PUBLIC HEARINGS:
Public hearing to consider a zone change for 9.965 acres located at 1450 South and 2580 East from A-1 to R-1-12.

Community Development Director Nicholson indicated the first 2 zone requests are for adjacent parcels. The zone change doesn?t allow for animals, the applicants don?t foresee animals in the subdivision. The Planning Commission recommends approval for both zone change requests.

Mayor McArthur declared the public hearing open. There being no public comment he closed the public hearing.

Council Member Isom made motion to approve the zone change for 9.965 acres located at 1450 South and 2580 East from A-1 to R-1-12. Council Member Orton seconded by motion. Mayor McArthur called for a roll call vote as follows:

Council Member Gardner, aye
Council Member Allen, aye
Council Member Isom, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried.
Consider a zone change for 12.52 acres located at 1450 South and 2750 East from A-1 to R-1-12.

Mayor McArthur indicated this zone change is similar to the previous one, the same comments apply.

Mayor McArthur declared the public hearing open. There being no public comment he closed the public hearing.



St. George City Council Minutes
October 16, 2003
Page Seven

Council Member Isom made a motion, seconded by Council Member Whatcott to approve a zone change for 12.52 acres located at 1450 South and 2750 East from A-1 to R-1-12. Mayor McArthur called for a roll call vote as follows:

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Isom, aye
Council Member Allen, aye
Council Member Gardner, aye
Motion carried.

Public hearing to consider an amendment to the Zoning Ordinance to create a new zoning district called the Residential Central City Zone.

Mayor McArthur explained the proposed ordinance is a result of work by a citizens committee created to address this issue. He expressed appreciation for the effort of the committee to compromise in order to resolve concerns from all sides of the issue.

Community Development Director Nicholson reviewed some of the background of this issue and the concerns raised by citizens in the older central city area such as the development of a number of rental properties in the last several years. He reviewed the progress the committee made and the solution reached. He detailed permitted uses and reviewed the development standards, which addresses issues such as parking included in the proposed ordinance. He explained one point of debate was to prevent conversion of existing single-family to multi-family units. He reviewed the minimum standards for clustered homes and building setbacks.

Mayor McArthur declared the public hearing open.

There was a question from an unidentified member of the audience as to the boundary of the zone.

City Manager Esplin explained no boundaries have been set yet; this hearing is to allow comment on the possible amendment of the Zoning Ordinance not to define the boundaries of the proposed zone.

Council Member Whatcott explained that if the Zoning Ordinance is amended to include the proposed zone, notices will be mailed to residents who would be affected if it were to be applied to specific areas.

Gloria Shakespeare explained the some of the compromises reached by the committee. She suggested clarifying the issue regarding converting single family homes into multi family homes. There should be language added to the proposed ordinance specifying that single family units may not be added onto. She felt like the committee?s work was successful. All the different opinions were represented and compromises were made by all.

Carol Sapp with the Southern Utah Home Builders Association indicated this was a difficult issue and gave credit to several people who did a wonderful job facilitating the group. She thinks this ordinance is not perfect for either side, but sometimes that is the best way to accomplish some good. The proposed ordinance can enhance the downtown area and encourage people to invest in the area or it could be forgotten. There needs to be enforcement of the ordinance. A rental ordinance with enforcement will be necessary to make the downtown area flourish.



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October 16, 2003
Page Eight

Edward H. Everett indicated he feels the committee has made some progress. He would like to know how many cars have been towed and citations issued for parking violations.

Mayor McArthur indicated citations have been issued and that the City is taking responsibility for enforcement rather than Justice Courts.

Mr. Everett explained it is his understanding a single family residence can be demolished and a multi-family development of 9 units can be built.

Mayor McArthur indicated that was possible if the plan is approved by Planning Commission and the Council.

Paul Bevin explained that from his experience in Middleton Estates, the City refuses to enforce single-family residence ordinance. Until there is a guarantee the ordinance will be enforced there will be conversions made that are not allowed under the proposed ordinance.

There was discussion of enforcement concerns.

City Manager Esplin explained this public hearing is to address the proposed amendment to the Zoning Ordinance it is not the appropriate time to discuss enforcement issues as the subject is not included on the agenda.

Mayor McArthur seeing no one else to present to address the issue closed the public hearing.

Council Member Allen made a motion to approve an amendment to the Zoning Ordinance to create a new zoning district called the Residential Central City Zone and change a little of the wording on the draft as pointed out.

There was discussion as to the wording to be changed in the proposed ordinance.

Council Member Allen amended her motion to strike the sentence that starts with the 4 foot variation and include language specifying that single family houses may not be added onto for the purpose of creating a multi-family unit.

There was additional discussion on the changes in the language and it was determined that the City Attorney will make the changes.

Council Member Isom seconded the motion.

Council Member Whatcott asked assuming a unit is already a multi family dwelling with the necessary lot square footage for an addition, would this proposed ordinance allow for the Planning Commission and Council to review and approve the plan.

Community Development Director Nicholson indicated language could be added to require additions to multi-family units go through the design review process.

Council Member Allen amended the motion to add the requirement that additions to multi-family units be required to go through the review process. Mayor McArthur called for a roll call vote as follows:




St. George City Council Minutes
October 16, 2003
Page Nine

Council Member Gardner, aye
Council Member Allen, aye
Council Member Isom, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried

MINUTES:
Consider approval of the minutes of the special City Council meeting held Sept 24, 2003

Council Member Whatcott made a motion to approve the minutes of the special City Council meeting held September 25, 2003 as presented. Council Member Orton seconded the motion. Mayor McArthur called for a vote; all voted aye, motion carried.

ADJOURNMENT:

Council Member Gardner made a motion to move out of regular meeting and into the Neighborhood Redevelopment meeting. Seconded by Council Member Whatcott. Mayor McArthur called for a vote; all voted aye, motion carried.

Council Member Orton made a motion seconded by Council Member Whatcott to adjourn from the regular City Council meeting. Mayor McArthur called for a vote; all voted aye, motion carried.


Meeting adjourned at 6:25

Minutes recorded by:


____________________________________________________________________
Ren? Fleming Deputy City Recorder Date