March 16 2000 City Council Minutes ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING MARCH 16, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Pro Tem Larry Gardner Councilmember Bob Whatcott Councilmember Suzanne Allen City Manager Gary Esplin Deputy City Attorney Ron Read City Recorder Gay Cragun EXCUSED: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Rod Orton OPENING: Mayor Pro Tem Gardner called the meeting to order and welcomed all in attendance. He advised that any decision made by the City Council would require a unanimous vote, and he would voting as Mayor Pro Tem in order to constitute a quorum. A motion was made by Councilmember Whatcott to appoint Councilmember Larry Gardner as Mayor Pro Tem. The motion was seconded by Councilmember Allen, and all voted aye. The invocation was offered by Marc Mortensen, and City Manager Gary Esplin led the flag salute. Mayor Pro Tem Gardner recognized Doug Rogers and Kent Provstgaard for the many hours they have donated to improve the Don Lay Field and parking area between the City pool and the Don Lay Field. Doug Rogers thanked the 40+ individuals and businesses who contributed to the project. Mayor Pro Tem Gardner commended Kent Garrett for his donation of thousands of hours working with baseball programs and making field improvements in the City. Mayor Pro Tem Gardner recognized Pam Fernley who works with the Dixie High School swimming program. The Dixie High swim team took first place in the state. She introduced swim team members to the Council. PRESENTATION FROM CENSUS BUREAU: Ed Byers, representing the Utah South Office of the Census Bureau, reiterated the importance of responding to the census Questionnaire, and advised of the locations of questionnaire assistance centers in St. George. CONSENT CALENDAR: Consider approval of the financial statement for February, 2000. A motion was made by Councilmember Allen to approve the financial statement as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. VACATING ORDINANCE: Consider approval of an ordinance vacating a portion of an existing section of Supai Trail at the intersection of Anasazi Trail located in Anasazi Hills at Entrada. City Manager Gary Esplin advised this was a housekeeping item. Staff has reviewed the request and no problems were identified. St. George City Council Minutes March 16, 2000 Page Two A motion was made by Councilmember Whatcott to approve by ordinance the requested road abandonment. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement (limited common area) along Lots 14 and 15 of the final plat of Sun River Subdivision Phase 1 Plat 1B Amended. Sun River, applicant. City Manager Gary Esplin advised staff has reviewed the request and no problems were identified. A motion was made by Councilmember Allen to approve by resolution the requested easement abandonment. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at their meeting held March 14, 2000, recommended public hearings be advertised for April 20, 2000 at 5:00 p.m. to consider (1) a zone change from R-1-10 to PD Residential on 21.55 acres located on the east side of Dixie Drive and the south side of 100 North; and (2) an amendment to the Zoning Ordinance regarding the regulation of commercial and industrial building heights. A motion was made by Councilmember Whatcott to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. SET PUBLIC HEARING: Community Development Director Bob Nicholson advised the Planning Commission, at its meeting held March 14, 2000, recommended denial of a public hearing to consider a zone change from R-1-10 to PD Residential on 1.33 acres located on the southwest corner of 1400 West and 1230 North. The applicants, however, are requesting that the matter be scheduled for a public hearing on April 20, 2000 at 5:00 p.m. A motion was made by Councilmember Allen to set the public hearing as requested by the applicants. The motion was seconded by Councilmember Whatcott, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for an increase in height for commercial buildings at 400 E. Sunland Drive. Day Star, applicant. Community Development Director Bob Nicholson explained the applicant?s original request was for a 66' high tower, but when advised of the City?s draft amendment to the Zoning Ordinance to cap building height at 60', the applicants agreed to lower the height of the proposed tower to 60'. The City?s current ordinance limits height to 35' unless a conditional use permit is obtained. The tower itself will not be occupied, but is merely an architectural feature to give more character to the development. The Planning Commission unanimously recommended approval subject to a maximum tower height of 60' and subject to approval of the pending ordinance with the development meeting the provisions of that ordinance. He suggested the matter be tabled until the applicants were present to explain their request. A motion to table the request was made by Councilmember Whatcott. The motion was seconded by Councilmember Allen, and all voted aye. St. George City Council Minutes March 16, 2000 Page Three CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a car lot to be located at 465 South Bluff. Lynette Atkinson, applicant. Associate Planner Jim McGuire advised the applicant is Aaron Herrera, and the main issue of concern with the request is that the site currently contains little landscaping. The applicant would not have more than 10-12 display vehicles. The Planning Commission recommended approval on a 5-1 vote subject to bringing the landscaping up to City standards. A motion was made by Councilmember Allen to approve the conditional use permit subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye. PRELIMINARY PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of March 14, 2000, recommended approval of the preliminary plat for The Cliffs of Snow Canyon (formerly Las Sendas) located northeast of the Entrada PD. He advised the preliminary plat conforms to the PD. A motion was made by Councilmember Whatcott to approve the preliminary plat as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of March 14, 2000, recommended approval of the final plat for Anasazi Ridge Phase I located within the Entrada PD. He advised the final plat conforms to the preliminary plat. A motion was made by Councilmember Whatcott to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. The motion was seconded by Councilmember Allen, and all voted aye. DETERMINE NEED FOR GENERAL PLAN AMENDMENT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of March 14, 2000, determined that a general plan amendment was not necessary to apply for a commercial zone change on a seven acre parcel of property located in an R-1-10 zone at about 1680 East 280 North. Larry Belliston and Brad Stucki are the applicants. It was recommended by the Legal Department that the City Council review this determination before the applicants apply for a zone change. The Legal Department felt that for procedural consistency, the General Plan Land Use Map should be amended to a commercial designation prior to a commercial zone change request. He advised the Planning Commission has the option of hearing the general plan amendment and zone change request concurrently. Larry Belliston advised that even though a seven acre parcel is involved, only 4-5 acres are developable because the rest of the land is in the flood plain. He advised that all neighbors support the request. A motion was made by Councilmember Allen to address both issues, the general plan amendment and zone change, in the same public hearing. The motion was seconded by Councilmember Whatcott, and all voted aye. ABANDONMENT RESOLUTION: Consider approval of a resolution vacating an easement between Lots 6 and 7 of Country View Estates Subdivisions Phases I and II. Dan Flake, applicant. St. George City Council Minutes March 16, 2000 Page Four Engineering Associate Kent Provstgaard advised this request, as well the next item, are in the same subdivision and are for the purpose of making lot line adjustments to accommodate an existing swimming pool. New easements along the new lot lines will be given in exchange for those being vacated. There are no utility problems associated with the request. Councilmember Whatcott questioned if it were typical to have such irregular lot lines within a subdivision. Associate Planner Jim McGuire advised the developer knew what he was doing when the subdivision was created, and because of that a variance was denied. However, cooperation is being had between the affected neighbors. A motion was made by Councilmember Allen to approve the vacation of easements by resolution. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. ABANDONMENT RESOLUTION: Consider approval of a resolution vacating an easement between Lots 5 and 6 of Country View Estates Subdivisions Phase I. Cindy Thompson, applicant. A motion was made by Councilmember Whatcott to approve by resolution vacation of the easement as requested. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider a request for a zone change from OS Open Space and M-1 Manufacturing to R-1-10 Single Family Residential on 43.24 acres located northeast of Ruesch Machinery at Middleton Drive and Red Rock Road. Ron Stout, applicant. Community Development Director Bob Nicholson explained the General Plan recommends low density residential, and this request is consistent with the General Plan. The Planning Commission recommended approval. He advised that Ruesch Machinery and St. George Steel want to go on record as being established in an industrial area and will be neighbors to the proposed residential zoning. Ron Stout advised roads in the area are still being developed. Mayor Pro Tem Gardner opened the public hearing. Roxanne Woods questioned whether there were going to be any changes to the existing Twin Lakes Road, or additional usage of that road by people who do not live in the Twin Lakes area. Ron Stout explained the road will be redone from the Twin Lakes intersection and connection to Middleton Drive will be severed. A public road will be made from a portion of the private road so that subdivision traffic would not affect Twin Lakes Drive. He advised the old tunnel would not be used. There being no further public comment, Mayor Pro Tem Gardner closed the public hearing. A motion was made by Councilmember Allen to approve the zone change by ordinance. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. St. George City Council Minutes March 16, 2000 Page Five PUBLIC HEARING/ORDINANCE: Public hearing to consider a request for a zone change from OS Open Space to R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size on 9.956 acres located north of Bloomington Country Club No. 7 between Kolob Drive and Los Padres Drive. State School Trust Lands/Don Leavitt, applicant. This item was tabled, however, Community Development Director Bob Nicholson advised that staff recommends a field trip be taken to the site of the requested zone change. March 30, 2000 was tentatively set as the date for the field trip. WAIVER OF PARK FEES: Consider a request from the Multiple Sclerosis organization for a waiver of park fees for an event to be held on April 15, 2000 at the Bloomington Park and the Virgin River Parkway. City Manager Gary Esplin advised staff has reviewed the request and concurs with it. A motion was made by Councilmember Whatcott to approve the request for waiver of park fees as requested. The motion was seconded by Councilmember Allen, and all voted aye. TRANSPORTATION FUNDRAISER: Presentation from Beth Cottam regarding a transportation fundraiser and access to public facilities by those with disabilities. City Manager Gary Esplin advised the City received requests from Beth Cottam of Five County Association of Governments and the Red Rock Independence Center to discuss transportation issues. Beth Cottam explained a 5311 federal transit authority grant was applied for and approved, although the funding has not yet arrived. A match must be provided for the grant. RASK clubs at the various high schools will host a telethon in conjunction with the fundraising activity, and she requested the City become a partner in the fundraising effort by allowing a flyer to be enclosed with the utility bills requesting donations for the transportation program as matching funds. She distributed a sample of the flyer, and requested it be included in the next two utility billing cycles in the hope of raising $50,000. Finance Director Phil Peterson advised he met with Ms. Cottam and all concerns have been alleviated. City Manager Gary Esplin clarified that the local match is a community match, and not the obligation of the City. Ms. Cottam explained the program would consist of a small deviated route system consisting of three vehicles, with an opportunity to procure 1-2 more. The program will begin with three routes. Funding is anticipated to arrive in September, and the service could begin as early as September or October of 2000. The cost of a one-way ride is estimated to be $3 at this time, with the hope of lowering it if more capital is raised. A motion was made by Councilmember Allen to approve enclosure of the flyer in the utility billings. The motion was seconded by Councilmember Whatcott, who commented this is the second request of this nature the City has received in two weeks, and he hoped the requests were not putting administrative staff in a position to be used as a public billboard service. A vote was called for and all voted aye. St. George City Council Minutes March 16, 2000 Page Six Pam Karakas from the Red Rock Independence Center introduced herself, and patrons of the Red Rock Independence Center expressed their support for a public transportation system. GRAND PRIX EVENT: Presentation from Mr. George Orton regarding a Grand Prix event for St. George. George Orton advised he was spokesperson and coordinator for the C Games qualifier, and would like the opportunity to hold the world class race on Foremaster Ridge again. Last year?s race was a success and was without incident. This year the race is proposed to be held on the back side of Foremaster Ridge because it will be more competitive and faster. He proposed the road be closed May 5-6, and advised he will provide his own paid help this year. He asked that the City donate 2000 hay bales and barriers to close the street to Mall Drive. Public Information Officer Marc Mortensen advised that completely closing the back side of Foremaster Drive would eliminate the need for police officers and allow traffic to flow in and out of the Foremaster Ridge neighborhood. He advised the City?s Encroachment Officer agrees the proposed scenario is preferable to last year?s situation, and proper signage would make it virtually hassle-free. Mayor Pro Tem Gardner commented that last year the City was able to locate hay at a good price but may not be able to do so this year. Marc Mortensen commented it would be desirable for the City to procure good quality straw hay and have it sold before the event. Mayor Pro Tem Gardner commented by the time the race is held it will be the end of the growing season and it will be hard to find straw hay. The City will have to investigate the issue and see what can be done. Councilmember Allen commented she did not object to closing the back side of Foremaster Drive for the event. City Manager Gary Esplin commented that final details and costs will need to be tied down, but if the City Council feels good about the request, the details can be worked out later. OVERSIZE SEWER LINE: Consider a proposal to oversize a sewer line for the Cliffs development from 8" to 24". This item was tabled. EQUAL PAYMENT PLAN POLICY/RESOLUTION: Consider establishment of a policy for equalized payment plans for utility services for the City. Finance Director Phil Peterson advised staff is proposing to adopt an equal payment plan for any residential customer with a 12 month good payment record. Those 12 months of usage will be divided into equal payments, and the customer would then pay that amount monthly by electronic funds transfer (EFT) out of a checking or savings account. The City would withdraw the funds on the 10th of each month, and the equalized amount would be subject to annual review the first of June. Any remaining balance would be due at that time, but any credit would then be taken into account and established into the next period of equal payments. If for any reason the EFT bounced or was returned, the customer would be removed from the equal payment plan and required to pay the account in full at that time. St. George City Council Minutes March 16, 2000 Page Seven The customer can also elect to be removed from the equal payment plan at any time, but the balance of the bill must be paid in full. He advised he hoped to get the flyers out soon and be able to begin the program the first of June. Councilmember Whatcott recommended the plan begin in December, as the higher bills in summer would require the City to carry the gap initially, but by switching to December, the City would collect a credit. He suggested the annual review be made in December also. After discussion, Councilmember Whatcott made a motion to approve by resolution the equal payment plan with an evaluation to be made in December. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. HIGH QUALITY PAVEMENT POLICY: Consider approval of a policy concerning preservation of high quality pavement within City streets. Public Works Director Larry Bulloch advised other City departments have now had a chance to review the proposed policy and provide input. He advised it is very disturbing to residents when a new street they have paid for through an SID is cut, and then the quality and ride of the pavement is thereafter affected. He advised the proposed policy will better control cuts of quality pavement. A clause has been added to the policy which identifies a pavement condition index, with 100 being the ideal street and 0 being a totally failed street. A threshold has been established at 85, and anything greater than that would fall into the category of a high quality street and would not be allowed to be cut unless policy provisions were followed. Mayor Pro Tem Gardner inquired how the criteria was established. Mr. Bulloch replied there is a fixed criteria industry-wide which is not unique to St. George and evaluates cracking and rates conditions of the pavement. Mr. Bulloch advised a provision was also added to the policy which controls the actual ride of the pavement. Councilmember Whatcott commented that while infrared pavement repair is an improvement to cutting and refilling, it is not perfect and cannot restore the pavement to its original state. He stated he was concerned that too much credence was given to infrared repair as being the perfect fix, when in actuality it is not. Mr. Bulloch replied that any time pavement is cut, it will be less than 100% when restored. However, the proposed specifications do a pretty good job of maintaining quality control. Councilmember Whatcott commented that the one issue more than any other he has heard about from citizens concerns maintenance of roads. He made a motion to approve the policy as presented. The motion was seconded by Councilmember Allen, and all voted aye. ORDINANCE: Consider approval of an ordinance amending Chapter 2, Title 6, City Code of St. George, Utah, to adjust animal impound fees. City Manager Gary Esplin advised this ordinance is a housekeeping item as the City has already been charging the proposed fees at the animal shelter. A motion was made by Councilmember Allen to approve the ordinance as presented. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. St. George City Council Minutes March 16, 2000 Page Eight MINUTES: Consider approval of the minutes of the regular City Council meeting held February 17, 2000. A motion was made by Councilmember Whatcott to approve the minutes as amended. The motion was seconded by Councilmember Allen, and all voted aye. Consider approval of the minutes of the City Council work meeting held February 24, 2000. A motion was made by Councilmember Allen to approve the minutes as amended. The motion was seconded by Councilmember Whatcott, and all voted aye. Consider approval of the minutes of the City Council work meeting held February 29, 2000. A motion was made by Councilmember Whatcott to approve the minutes as presented. The motion was seconded by Councilmember Allen, and all voted aye. Consider approval of the minutes of the regular City Council meeting held March 2, 2000. A motion was made by Councilmember Whatcott to approve the minutes as presented. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion was made by Councilmember Allen to adjourn to an executive session to discuss a land purchase. The motion was seconded by Councilmember Whatcott, and all voted aye. RECONVENE: A motion to reconvene was made by Councilmember Allen. The motion was seconded by Councilmember Whatcott, and all voted aye. CITY MANAGER?S REPORT: City Manager Gary Esplin reported on his trip to Washington D.C. to attend the National League of Cities and Towns conference. A hearing has been set for April 4 in Washington D.C. on the water reuse issue. City officials also met with the FAA, and it was a very successful trip. The meeting adjourned at 7:15 p.m. ______________________________ Gay Cragun, City Recorder