City Council Minutes

Thursday, February 5,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 5, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Sharon Isom


OPENING:
Mayor McArthur called the meeting to order and welcomed all present. He then led the pledge of allegiance. The invocation was offered by Gail Maxwell.

Mayor McArthur invited several Scouts in the audience to introduce themselves. He then recited a poem.

TABLE ITEM:
City Manager Gary Esplin advised that item 6J to consider approval to quit claim 7/27 of the water in the George Brooks Springs to Laura Carver was tabled from the agenda.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming the third week of February each year as Dino Days in Dixie.

LaVerna Johnson advised that community activities would be held the third week of February each year to celebrate Dino Days.

AWARD OF BID: Consider award of bid for S&C PMH pad-mounted switchgear for the Energy Services Department.

Purchasing Agent Sue Swensen explained that this was a sole source purchase from the manufacturer?s representative, Western States Electric. She recommended that a blanket purchase order be established in an amount not to exceed $200,000 for the year. Purchases would be made on an as-needed basis.

Energy Services Director Phil Solomon explained that the switches are needed for every commercial facility and the City charges a $5,500 fee to help pay for the switches.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the blanket purchase order with Western States Election in an amount not to exceed $200,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for construction of an additional bay at the Fleet Services building.

Purchasing Agent Sue Swensen presented two bids received:

Arnell-West $68,267
Nichols Bldg. $79,786

Ms. Swensen explained the addition is needed to handle repairs to the Suntran buses. 80% of the cost will be funded by Federal Transit Authority grants. She recommended award to the low bidder, Arnell-West, in the amount of $68,267.

A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to the low bidder, Arnell West, in the amount of $68,267. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur announced that since there were only three Council Members present, a unanimous vote was needed in order for any item to be approved. He invited any applicant to withdraw his or her item until a full Council was present.

ORDINANCE:
Consider approval of an ordinance vacating the Dixie Downs Retirement Community Phase I plat.


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February 5, 2004
Page Two

Community Development Director Bob Nicholson explained that ten years ago a project was proposed for this location and a plat recorded. The applicants are requesting that the plat be vacated so a new plat for Emerald Ridge can be recorded. There are a few changes in the road alignment but the same number of units. The applicant will try and make use of the existing utilities.

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

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance vacating a portion of roadway located at the intersection of 2580 East and 1450 South.

City Manager Gary Esplin explained that the area requested to be abandoned was created by the realignment of the roadway across the Norm Dobson parcel in the Stonecliff area. The subject area is an extra piece no longer needed and is outside the dedicated right-of-way.

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

Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution vacating a portion of public utility easement on Lots 21 and 22 of the Sienna Canyon Townhomes at Webb Hill, Phase 3.

City Manager Gary Esplin advised that the request had been reviewed by staff who have no problem with the request.

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

Council Member Orton - aye
Council Member Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution vacating a public utilities and drainage easement at Lot 28, Anasazi Hills at Entrada Phase I.

City Manager Gary Esplin explained that the lot in question has been deleted from the subdivision and the utility easements need to be deleted from the lot. Staff has no problem with the request.

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

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution vacating a public utilities and drainage easement lying between Lots 102 and 103 of Bloomington Hills Subdivision #12.




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February 5, 2004
Page Three

City Manager Gary Esplin advised that in order to accommodate construction on Lot 103, the adjacent property owner has agreed to relocation of the new easements. Staff has no problem with the request.

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

Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Mr. Esplin explained that when a subdivision is platted, easements are required around the lots for drainage and location of utilities. These easements are recorded. If someone wants to change a lot line, official action must be taken to delete the easements and substitute them with others that meet the needs for development in the area.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a pet adoption event.

City Manager Gary Esplin explained that the event will be held on February 21 at the Walmart in Bloomington.

Selaine d?Ambrosi, representing No More Homeless Pets, applicant, advised that they are affiliated with the Best Friends Animal Sanctuary, and are working with shelters and rescue groups to find as many homes as possible for 75-100 animals. All the animals are vaccinated, spayed or neutered, or will be as part of the adoption process. The animals are also screened for temperament.

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

BUSINESS LICENSE:
Consider approval of a business license for a residential curb painting business.

City Manager Gary Esplin explained that in the past Boy Scouts have been encouraged to paint house numbers on curbs as a fund-raising project. He stated he was not aware of any business currently licensed to provide this service.

Crystal Reed, applicant, explained that she would be painting house numbers only on the face of the curb with black paint on a white background.

City Manager Gary Esplin expressed concern that the license be limited to the painting of house numbers only.

Council Member Whatcott commented that he did not know if the applicant should be limited to painting numbers only, as in his neighborhood designs were painted as part of the house numbers and were well done.

City Manager Gary Esplin recommended that if the Council is inclined to approve the business license, it be for house numbers only at this time. If the applicant wants to paint designs as part of the house numbering at a future date, it can be brought back before the Council.

Council Member Gardner inquired if it would still be alright for Boy Scouts to paint house numbers on curbs as a fund-raising project. He was advised that it would be.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the business license for the painting of house numbers only. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 27, 2004, recommended that public hearings be scheduled for March 4, 2004 at 5:00 p.m. to consider the following:

1. Amendment of the 3D Commercial Center PD Commercial zone to incorporate the following uses as part of the permitted use list: (a) Automobile repair and storage including paint, body and fender, brakes, muffler, upholstery or transmission work, provided such work is conducted within a completely

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February 5, 2004
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enclosed building; (b) Storage rental units provided such use is limited to Lot 6 and 7; and (c) trailer sales and services. Doug Glendenning is the applicant.

2. Amendment of Title 10, Chapter 2, St. George City Code, Definition of Child Nursery, setting the conditional use permit requirements at nine or more children rather than six to be consistent with the State of Utah licensing requirements.

3. Amendment of Title 10, Chapter 2, St. George City Code, Definitions; Title 10, Chapter 10, St. George City Code, Commercial Zones; and Title 10, Chapter 11, St. George City Code, Manufacturing Zones, regarding tattoo establishments, body piercing, and permanent cosmetics.

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

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 27, 2004, recommended denial of a request to schedule a public hearing for an amendment to the General Plan from low density residential to commercial for property located at 1700 East and Highland Drive. Nevada Utah Assoc. of Seventh-Day Adventists and Guy Jardine/Kevin Wilkinson, applicants. The applicant requested that the public hearing be scheduled for March 18, 2004.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to schedule the public hearing for March 18, 2004 at 5:00 p.m. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 27, 2004, recommended approval of the final plat for Emerald Ridge with 46 detached dwelling units located at Dixie Downs Road and 1800 North. Frank Lindhardt is the applicant. He advised that the size of the pads have been increased but not the number of pads.

Frank Lindhardt, applicant, advised that the units would be between 1200 and 1800 sq. ft.

A motion was made by Council Member Orton to approve the plat and authorize the Mayor to sign it.

Mr. Bradley explained that an adjustment to the alignment of the road had to be made on the plat. It therefore had to be reprinted. The plat is not ready for signature today, but it is ready to be approved.

The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 27, 2004, recommended approval of the final plat for Stone Cliff Phase 9 with 17 single family lots located at Cobalt Drive and Agate Drive. Gail Maxwell is the agent.

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

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 27, 2004, recommended approval of the final plat for South Pointe Phase 10 with 20 single family lots located at 410 North 2750 East. Linda Kirkpatrick is the applicant.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 27, 2004, recommended approval of the roadway dedication plat for a portion of River Road from 2450 South to Brigham Road.


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February 5, 2004
Page Five

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, and all voted aye. The motion carried.

LOT SPLIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 27, 2004, recommended approval of a lot split for property in a PD Commercial zone at 2450 East Red Cliffs Drive, subject to providing the required drainage and utilities easements and a cross-access agreement to be consistent with the original PD approval. Gilbert Jennings is the applicant.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a 22 foot high detached garage at 515 Man O War Drive. Jeff Rogers, applicant.

Planner Ray Snyder advised that the City Code provides that an accessory building may not exceed 15 feet in height unless granted a conditional use permit. Setbacks have been met and exceeded. No negative comments have been received from neighbors.
The Planning Commission recommends approval.

An unidentified gentleman advised that he was the applicant?s next door neighbor and had no objections to the request.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit fora new electric power substation in a C-2 zone near the intersection of 540 North and Dixie Drive. City of St. George, applicant.

Planner Ray Snyder displayed a site map and advised that the proposed project will look better as far as location and screening than other substations throughout the City. The Planning Commission recommends approval.

City Manager Gary Esplin explained that staff considered many other locations, but felt this location was the best site.

Energy Services Director Phil Solomon advised that staff would put together a plan to improve the appearance of other substations throughout the City.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a used car dealership in a C-2 zone at 863 E. St. George Blvd. Darren Brooks, applicant.

Planner Ray Snyder advised that an automobile sales lot in a commercial zone requires a conditional use permit, even though the subject property had been used for motorcycle sales.

Mayor McArthur inquired if a cross-use agreement with Taco Time would be possible.

Mr. Snyder advised that the site plan proposes a circular driveway in the front.

Mayor McArthur advised that a cross-use agreement would help both businesses.

Mr. Snyder advised that the current zoning is C-2, there is sufficient parking on site, and the City Code requires that where feasible, at least 5% of the lot shall be landscaped. The Planning Commission felt that landscaping was necessary, and this will require saw-cutting of the asphalt. A discussion at the Planning Commission meeting took place on whether the applicant would have to install landscaping and reinstall the sign after reconstruction of St. George Blvd. A new site plan was received today from the applicant illustrating what the applicant would like to do with the site. He would like to put landscaping at the base of the pole. The Planning Commission asked the applicant to research the property line, and it appears the sign pole is located behind the property line.


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February 5, 2004
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Darren Brooks, applicant, advised that Taco Time can be accessed at the top of the parking lot, and he could remove the barriers to make it even easier.

Council Member Gardner inquired if the landscaping would survive the reconstruction of St. George Blvd. or if the applicant would have to replace or upgrade it.

Mr. Brooks replied that he felt the landscaping would survive the reconstruction project.

City Manager Gary Esplin advised that the width of St. George Blvd. would not increase.

Mr. Brooks advised that he proposed to landscape with desert rock and desert plants.

A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Council Member Gardner.

Mr. Brooks inquired how much time he had to install the landscaping.

Mr. Esplin replied that it had to be done before occupancy. The City is willing to work with him, but it must be done now, not a year from now.

Marc Mortensen advised that UDOT will only modify driveways to make a smoother transition off the Blvd., and Mr. Brooks? plans will not interfere with what UDOT is proposing. The reconstruction should not affect Mr. Brooks? landscape plan.

City Manager Gary Esplin advised that UDOT will begin the reconstruction project January 1, 2005.

Council Member Whatcott inquired if the drawings for the reconstruction project were complete.

Marc Mortensen replied that the drawings should be available in May, 2004.

Council Member Orton seconded the motion. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Brooks was given five months to complete the landscaping.

PUBLIC HEARING/AMEND TITLE 10, CHAPTER 9, ST. GEORGE CITY CODE/ORDINANCE:
Public hearing to consider an amendment to the Zoning Ordinance, Chapter 9, Administrative and Professional Office Zone regarding the setbacks required for office buildings abutting residential zones. City of St. George, applicant.

Community Development Director Bob Nicholson advised that in December the City amended the City Code as it applied to setbacks within commercial zones. The AP zone was inadvertently not included. Staff suggests that the same provisions apply to AP zones. He then read the proposed ordinance language.

Mayor McArthur opened the public hearing.

Richard Keathrall advised that he lives near where the Ence?s are building on 1200 North. It was his understanding that there needed to be an easement between the properties.

Mayor McArthur advised Mr. Keathrall that staff would meet with him to discuss his concerns, as they did not pertain to the issue at hand.

There being no further public comment, he closed the public hearing.

Council Member Whatcott inquired why PD commercial zones were required to have greater setbacks than general commercial zones, which actually encouraged people to request zone changes to general commercial due to the smaller setbacks. He suggested that the setbacks in PD commercial and general commercial zones be uniform.

Community Development Director Bob Nicholson replied that staff could certainly bring this change to the City Council for action. He reminded that there are also different landscape requirements in PD Commercial and General Commercial zones.

Council Member Whatcott commented that the City almost pushes people out of PD Commercial zoning with the setback and landscaping requirements, yet a PD zone is preferable because the City has more control. He suggested that the requirements between zones be made uniform, including landscaping. He then made a motion to approve the ordinance, with a request that the requirements be made more uniform

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February 5, 2004
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in all zones. The motion was seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

ARSENIC TESTING PROJECT:
Consider approval of an arsenic pilot testing project.

Water Services Director Barry Barnum explained that a federal mandate requires all drinking water to meet certain levels of arsenic. The City needs to install an arsenic removal plant for Gunlock well water. Testing was done to determine what technology can be used, and staff proposes that Carollo Engineers be used to design a pilot plant. The study will provide design parameters the engineer will need in order the design the plant. The cost of the study will be over $90,000.

Council Member Allen arrived.

Council Member Gardner inquired if there would be any relaxing of the standard in the future which would let the City avoid the project altogether.

City Manager Gary Esplin replied that he was not aware of any ongoing action. The proposed project will also serve as a water treatment plant, as well as to treat the water for arsenic. The City should be proactive in proceeding with its plan, and if it does not show progress, will be penalized.

Mr. Barnum advised that the cost estimate for the plant is $14,000,000.

City Manager Gary Esplin advised that the treatment plant at Gunlock will treat surface water along with the well water, and will help the City reach its goal of being able to provide 10,000,000 gallons of water a day to its residents.

Mr. Barnum advised that the plant will be designed to meet drinking water standards as well as treat the arsenic. The plant should be on line by 2010. He stated that there might be grant money available for arsenic removal in Utah, and if so, he will try to secure some funding to help with the cost of the plant.

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

UAMPS POLICY:
Consider approval of a UAMPS Power Exchange (PX) Member Risk Management Policy.

City Manager Gary Esplin explained that this was a housekeeping item. In order to allow more employees to help with the City?s trading policy, UAMPS requires adoption of a risk management policy.

Energy Services Director Phil Solomon explained that the City Attorney has reviewed the policy and has suggested changes, which Mr. Solomon then reviewed. In order to trade on the PX a password is needed, and currently the several City employees who trade on the PX are using his password. He suggested that those who trade should be responsible for their actions and be identified by the password used. He recommended that Laurie Mangum, Ren? Fleming, Dick White, Brian Jeppson, Jim Bingham, Rod Carter, Devor Pickering, Alan Merritt, Dennis Jorgenson, and he be issued passwords to trade on the PX. An internal policy will limit what each employee can do.

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

WAPA CRSP Contract:
Consider approval of the WAPA CRSP Firm Electric Service Contract.

City Manager Gary Esplin explained that approval of the contract will allow the City to use WAPA to schedule CRSP power rather than UAMPS and will save the City money. The contract has been reviewed by the City Attorney who recommends approval. The contract has also been reviewed by the Water and Power Board and they also recommend approval.



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February 5, 2004
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Energy Services Director Phil Solomon advised that staff?s goal is to begin scheduling through WAPA by April 1. He recommended approval based on legal review.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the contract subject to review and approval by the City Attorney. Mayor McArthur called for a vote, and all voted aye. The motion carried.

QUIT-CLAIM WATER:
Consider approval to quit claim 7/27 of the water in the George Brooks Springs to Laura Carver.

This item was tabled.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held January 8, 2004.

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

Consider approval of the minutes of the City Council work meeting held January 8, 2004.

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

Consider approval of the minutes of the regular City Council meeting held January 15, 2004.

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

Consider approval of the minutes of the City Council work meeting held January 22, 2004.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the minutes as amended. 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, a land purchase, and personnel 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 Gardner - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
The meeting reconvened and then adjourned.



________________________________
Gay Cragun, City Recorder