City Council Minutes

Thursday, October 21,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 21, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Suzanne Allen Councilmember Rod Orton Councilmember Larry Gardner City Manager Gary Esplin Deputy City Attorney Ron Read City Recorder Gay Cragun EXCUSED: Councilmember Bob Whatcott Councilmember Sharon Isom City Attorney Jonathan Wright OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. He advised that a unanimous vote of the three Councilmembers present would be required for any motion to pass due to the absence of two Councilmembers. Mayor McArthur read letters of appreciation to the Public Works Department and marathon organizers and volunteers. The invocation was offered by Garry Pearce, and the flag salute was led by Jeremy Peterson. Mayor McArthur invited Scott Tesch, a candidate for City Council, to stand and introduce himself. Mayor McArthur advised that Items 3D and 4D concerning amendment to a PD zone at McArthur?s Landing were inadvertently included on this meeting?s agenda, and would be tabled until the meeting of November 4, the meeting for which it was advertised. Mayor McArthur read a proclamation declaring October 18-22 as National Businesswomens? Week. Linda Baker accepted the proclamation. CONSENT CALENDAR: Consider approval of the financial statement for September, 1999. A motion was made by Councilmember Gardner to approve the financial statement as submitted. The motion was seconded by Councilmember Orton, and all voted aye. BID OPENING: Consider award of bid for Halfway Wash South Trail improvements. Mayor McArthur declared a possible conflict of interest. Purchasing Agent Sue Swensen presented four bids received: Merrick Young Inc. $74,894; Sunroc Corporation $90,989.50; L&M General $118,895; Western Rock $149,835. She advised the engineer?s estimate was $83,319, and recommended award to the low bidder, Merrick Young Inc. in the amount of $74,894. A motion was made by Councilmember Orton to award the bid to the low bidder, Merrick Young Inc. in the amount of $74,894. The motion was seconded by Councilmember Gardner, and all voted aye. BID OPENING: Consider award of bid for purchase of three 20kW generators. Purchasing Agent Sue Swensen presented four bids received: Packwell Sales $25,485; DESSCO (Diesel Electric) $33,012; Rasmussen Equipment $36,454.62; Miami Generator $35,850. She advised that the low bidder, City Council Minutes October 21, 1999 Page Two Packwell Sales, bid used equipment and therefore recommended award to the next low bidder, DESSCO in the amount of $33,012. City Manager Gary Esplin advised the generators will be placed at three fire stations to be used in case of emergencies. A motion was made by Councilmember Allen to award the bid to DESSCO in the amount of $33,012. The motion was seconded by Councilmember Orton, and all voted aye. ORDINANCE: Consider approval of a proposed solid waste ordinance. City Manager Gary Esplin advised as a formality a new ordinance governing new contract regulations with the Washington County Solid Waste District needed to be adopted. The new ordinance will result in a reduction in residential rates of $.50. A motion was made by Councilmember Orton to approve the ordinance as presented. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution approving the assessment list for the Stonebridge Special Improvement District. City Manager Gary Esplin advised approval of this resolution would allow the City to issue the bonds for SID 97-2, provide for their sale, and fix the interest rate. A motion was made by Councilmember Allen to approve the resolution as presented. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution authorizing a notice of intention to create Special Improvement District No. 99-4 in the Southgate area. City Manager Gary Esplin advised that at the last City Council meeting terms and conditions of participation and assessments methods were discussed. Approval of this resolution would allow the City to send official notices to property owners of the City?s intention to create the special improvement district. He explained creation of a SID is the result of a petition or request from affected property owners, and is not initiated by the City. A motion was made by Councilmember Orton to approve the resolution as presented. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held October 12, 1999, recommended that a public hearing be advertised for November 18 to consider approval of amendments to the Sun River PD zone to enlarge the area of the project and allow for short-term rentals within the development. A motion was made by Councilmember Gardner to set the public hearing for November 18, 1999 at 5:00 p.m. The motion was seconded by Councilmember Allen, and all voted aye. FINAL PLAT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting of October 12, 1999, recommended approval of City Council Minutes October 21, 1999 Page Three the final plat for Royal Oaks Subdivision Phase III. A motion was made by Councilmember Allen to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Orton, and all voted aye. FINAL PLAT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting of October 12, 1999, recommended approval of the final plat for Sun River Phase 3B. A motion was made by Councilmember Gardner to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Orton, and all voted aye. FINAL PLAT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting of October 12, 1999, recommended approval of the final plat for South Pointe Subdivision Phase VI. A motion was made by Councilmember Gardner to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Orton, and all voted aye. MOBILE CATERING LICENSE: Consider a request for a mobile catering business license for Fun Time Ice Cream. Michael Pound, applicant. City Manager Gary Esplin advised the applicant?s truck has been inspected and meets all requirements. A map of the proposed route has also been provided. The applicant?s fingerprints have been submitted and a background check performed, and all is fine. A motion was made by Councilmember Allen to approve the mobile catering business license. The motion was seconded by Councilmember Gardner, and all voted aye. APPOINTMENT OF DEPUTY CITY RECORDER: Consider appointments to various boards and commissions. Mayor McArthur recommended the appointment of Miriam Palma as a Deputy City Recorder. A motion was made by Councilmember Allen to appoint Miriam Palma as a Deputy City Recorder. The motion was seconded by Councilmember Gardner, and all voted aye. Mayor McArthur advised another member needed to be appointed to the Washington County Interlocal Agency board, however the interlocal agreement would have to be amended in order to appoint another person. Deputy City Attorney Ron Read advised he would draft an agreement increasing the size of the board. A motion was made by Councilmember Orton to appoint Sharon Isom to the WCIA board. The motion was seconded by Councilmember Allen, and all voted aye. ORDINANCE: Consider approval of an amended Airport Board ordinance. City Manager Gary Esplin explained that the proposed amendments to the ordinance are primarily technical corrections and housekeeping items. Public Works Director Larry Bulloch explained that the requirements for operation at the City?s airport need to be more clearly defined. He advised the new ordinance will more clearly define what is expected of operators and users of the airport in order to comply with regulations. He advised the amendments are recommended after a year of study, meetings with airport operators, the airport board, and city attorneys. A motion was made by Councilmember Gardner to adopt the ordinance as presented. The motion City Council Minutes October 21, 1999 Page Four was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. CONGRATULATIONS TO CITY TREASURER DEANNA EVANS: Councilmember Allen announced that City Treasurer Deanna Evans recently took first place in a national jet ski competition. EXPLANATION OF SID PROCESS: Mayor McArthur gave a brief explanation of the process and procedures the City follows when it receives a request to form a Special Improvement District. PUBLIC HEARING/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential to PD Planned Development Residential for The Trails (Las Sendas) at Snow Canyon, a townhome development on 104 acres located north of Entrada on the northeast side of Snow Canyon Parkway. Randy Deschamps, applicant. Community Development Director Bob Nicholson explained the applicants are requesting approval for 186 detached homes in a style similar to that of Entrada. Main access will be off Snow Canyon Parkway, with a security gate and private road system throughout the development. A land trade is also proposed with the State involving property to the north that would be part of Snow Canyon State Park. Natural space preserved throughout the development would amount to 51 acres, almost half the area within the project. He advised the Planning Commission unanimously recommended approval. Randy Deschamps, applicant, advised architecture and color scheme within the project would be similar to that of Entrada, except some units will have pitched roofs. Landscaping will also be similar except with more grass. Negotiations are pending with Entrada at this time, and this project could become a part of Entrada at some future date. He advised he was in the process of trading 240 acres to Snow Canyon State Park for acreage in the Diamond Valley area. This area would also include the Johnson Arch. Mayor McArthur opened the public hearing. Thomas Hall commented he could find no definition of ?townhome? in the Zoning Ordinance, and therefore it should not be used in resolutions passed by the City Council. He also advised that Springfield Townhomes is actually Springfield Estates. There being no further public comment, Mayor McArthur closed the public hearing. A motion to approve the ordinance as presented was made by Councilmember Gardner. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential to PD Planned Development Residential for a townhome development on 110.5 acres located at the mouth of Paradise Canyon, west of U-18 and north of Snow Canyon Parkway. Milo McCowan, applicant. Community Development Director Bob Nicholson advised that 12 acres of the area included in the request is not buildable due to the steep slopes. 284 dwelling units are proposed for a density of 2.9 units per acre. The applicants have requested the flexibility to increase the density by 15%, but City Council Minutes October 21, 1999 Page Five staff feels this would be a bad precedent, and if the density is increased, the amendment process must be used. The applicant is proposing a private street community with a series of detached patio homes. The applicant will be required to widen Snow Canyon Parkway along its frontage, and will make a donation of five areas for a trail system parallel to Snow Canyon Parkway. The City plans to purchase some of the floodplain property through Halfway Wash with trails proposed on both the east and west sides of Halfway Wash. The project has been reviewed by the Hillside Review Board who recommends approval with no cuts greater than 5'. The Planning Commission also recommends approval. Councilmember Orton inquired if an equestrian trail would be provided as part of the trail system, and he was informed there would be an equestrian trail. Mayor McArthur advised he received a letter from Santa Clara City expressing concern about two springs they have in the Paradise Canyon area and the development?s impact on the pipeline, etc. Milo McCowan, applicant, advised he had been in contact with Santa Clara City and all issues have been resolved. Access to the wells has also been negotiated and will be off of U-18. Mr. McCowan advised one side of the trail through Halfway Wash will be unimproved to accommodate horses until the trail reaches the habitat area, then it will become primitive. He advised his project contains detached patio homes, and will be designed with the beauty of the area in mind. It will be a gated community and a second lane and deceleration lane will be installed. A bike path will replace sidewalk on the north side of the road. He displayed renderings of the proposed architecture. 31% of the project area will remain in open space, including the front yards of the project. Mayor McArthur opened the public hearing. Nolan Gardner expressed concern about traffic in the area, the speed of the vehicles, and stated he was concerned this project would push out equestrians. He stated he wanted to be sure the City leaves a place for them. Councilmember Orton advised a commitment has been received for an equestrian trail through the habitat area and assurance obtained there would always be equestrian trails through the canyon area. City Manager Gary Esplin advised the trail through the Halfway Wash would be owned by the City and a horse crossing under Snow Canyon Parkway was installed by the City at great expense. Garry Pearce inquired if consideration had been given to potential floods from the Sand Hollow Wash. City Manager Gary Esplin replied that all homes proposed for the area are out of the 100 year floodplain and are at an elevation higher than the wash. Marie Whipple expressed concern about Snow Canyon Parkway and inquired when it would widened on the south side. She stated the road will not handle all the traffic it will receive and is too narrow. Mayor McArthur responded that widening of the road will be done by development of adjacent properties, and the City has paid for the road thus far. Ms. Whipple also expressed concern about the intersection of Snow Canyon Parkway and the Veyo highway. City Council Minutes October 21, 1999 Page Six City Manager Gary Esplin responded the City has no jurisdiction over U-18, but has asked the State for a traffic study of this intersection to see if a signal is warranted. There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve the ordinance as presented. The motion was seconded by Councilmember Allen. A clarification was made that approval was for 284 units only. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider a request for amendment to the PD Planned Development zone at Stonebridge by adjusting the property lines between the Stonebridge PD and the Springfield Townhomes. Milo McCowan, agent. Associate Planner Jim McGuire advised this request is for left-over property between the two developments which is to be deeded to Stonebridge Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Allen to approve the ordinance as presented. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance, Chapters 17, 18, 19 and 20, to raise the height for commercial buildings. City Manager Gary Esplin advised staff recommends tabling this item in order to further discuss it at a work meeting, but suggests public comment be taken. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Orton to continue the public hearing to the second work meeting in December. The motion was seconded by Councilmember Allen, and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider creation of proposed Special Improvement District No. 99-3 in the Little Valley area. Mayor McArthur suggested opening the public hearing and taking comments, but tabling any action until after a work meeting devoted entirely to this issue to answer questions so those affected could better understand how the assessments were formulated. He stated that while the cost of a SID can place a burden, it also allows a property owner to make payments over a ten year period at a low interest rate. Councilmember Gardner commented that the City does not initiate SIDs, but tries to accommodate them when requested. The City has never tried to act on a SID that has not had a substantial vote from those in favor of it. City Manager Gary Esplin stated it was important to remember the role of concurrency, and that all improvements are required to be brought to a City Council Minutes October 21, 1999 Page Seven certain level before the City can maintain them. He advised that special improvement districts are governed by State law, and the City carefully follows the provisions of this law. If a written protest is not received, it is considered an affirmative vote. If 51% of the proposed district is against the creation of the district, then the district will not be created. He stated that in 23 years, the City Council has never created a SID where less than 65-70% of the owners were in favor of it. Brent Gardner from Alpha Engineering advised that as property owners located in Little Valley, they were allowed to install septic tanks as there was no sewer line in the area. Later on several property owners along 2450 South on the south side desired to extend sewer to their properties, and at that time City staff expressed concern that if sewer improvements were not installed before street improvements, it would be considerably more expensive to tear up the new street to put in sewer. Several assessment areas were created in order to come up with the most equitable way of distributing the costs. Several subdivisions already have dry sewers and curb and gutter, thus they should not be assessed for this. Mr. Gardner advised he tabulated the protests received, and with regard to the sewer portion, 14% have submitted protests. With regard to street improvements, 65% are in favor of them. 25 individual property owners out of 92 have protested. However, after reading the letters of protest, staff would like to address some issues raised in those protests, resolve them, and build a working relationship with the property owners. Councilmember Gardner commented that one of the issues raised with regard to the Little Valley area is in trying to preserve the agricultural flavor of the area, and those property owners who did not want to develop their property would be forced to in order to pay the assessment. He inquired as to the boundaries of the SID. Brent Gardner replied that the entire area north of 2800 South up to the foothills on the north and east to the canals will be included. The entire area is planned for sewer improvement so that no further sewer extension will be required. He advised that assessments range from $2,000 to $5,000 an acre, depending on the number of acres and how large a parcel. Current SID financing rates are 6%, with $135 a year due for every $1,000 of assessment at 6% over a ten year period. The first assessment payment would not be due until one year after completion of the improvements. Councilmember Gardner inquired if the area boundaries could be redefined if a large landowner pulled out of the assessment area. Brent Gardner replied that the boundaries could be redefined, and the improvements lessened, but costs in the future to install the same improvements will be significantly more. He stated that the main sewer trunkline assessment was assessed on an acreage basis. Councilmember Allen inquired about the saturation level of septic tanks in the Little Valley area. Brent Gardner replied that a study completed by the Washington County Water Conservancy District showed that soil conditions in the Little Valley area would allow one septic tank for every 5-10 acres, but beyond that, sewer should be installed. Mayor McArthur commented that the Little Valley area could experience a septic tank failure problem, such as the one experienced in the Bloomington Ranches years ago. Councilmember Orton inquired if the improvements could be done with private money. City Council Minutes October 21, 1999 Page Eight Brent Gardner replied they could, and the developers could be reimbursed. City Manager Gary Esplin advised the City has not used reimbursement agreements in the past and has tried to make development pay for itself. The City has received waivers of non-opposition to a SID from several owners in the Little Valley area before they could obtain their building permit. Brent Gardner displayed an area map depicting the different areas of assessments. City Manager Gary Esplin explained concurrency issues. Brent Gardner commented the City is contributing $150,000 to improvements of 2450 South, $160,000 to the intersection of River Road and 2450 South, and $1.7 million to improve the road from the Virgin River Bridge to 2450 South. Mayor McArthur opened the public hearing. Floyd Helm commented his concerns were procedural in nature, and requested to be included in the work meeting. Councilmember Gardner inquired if there were latitude in the law for someone who did not understand that the absence of a protest indicates a vote in favor. Deputy City Attorney Ron Read replied that once the protest period has lapsed, it is not reopened to gather more protests. However, the City Council can still consider opposition that is voiced. Bill McMurrin stated he was not opposed to the SID, but felt the assessment was too large and unfair. Sewer assessments on his two one-acre parcels are $3,400 and $4,700. He advised he would not benefit from the improvements as his intention was to simply keep his horses on the property. Brett Empey advised he owned1.16 acres on 2250 East. There is a dry sewer line in the street, but he has installed a septic tank and has curb and gutter, sidewalk and street lights. He stated he did not think the assessment was fair to all the property owners, and if he had not installed a septic tank, he would be all for it. The assessment for the street is too much considering other people not paying any assessment will be using the street too. He inquired why only half the street was being installed. Mayor McArthur responded that as property develops, fronting property owners must develop their portion of the street. Kevin Callahan inquired who requested the SID. He was informed it was originally requested by Derrill Larkin. He expressed opposition to development of a road and installation of sewer in a road that does not presently exist. He inquired what impact fees were used for. Mayor McArthur responded that impact fees are used for police and fire protection, development of sewer, water and electric facilities, new parks, or anything that is required to maintain the quality of life St. George residents now enjoy. City Manager Gary Esplin stated that some impact fees are used for oversizing lines, but the majority of impact fees are used to pay for the treatment plants to accommodate new homes. City Council Minutes October 21, 1999 Page Nine Mr. Callahan inquired if the vote in the SID could be changed from amount of acreage to number of people. Mayor McArthur responded that the issue will be examined, and anything was possible. Ray Cox stated the assessment will force him to sell his farm which has been in his family since pioneer days, and he does not want to develop the property. He stated that State law is clear that the benefitting property should pay for improvements, and the proposed sewer line does not benefit his farm, but hurts it. Utah should be preserving its farmland and promoting self-sufficiency. He stated that if the assessment were imposed, it would force him and other farmers to sell their farms or sue the City, and he did not like either alternative. He stated that giving building permits on the condition of signing a waiver of non-opposition was unconstitutional. He stated if he were forced to fight the City, he could prove the City knowingly and deliberately violated state laws and greenbelt laws, the Private Property Protection Act, and ignored Supreme Court cases. He requested that farms be excluded from the assessment until they are developed at a later date. Chris Hatch stated that the developer?s portion of the SID assessment is almost the lowest, and he expressed concern about the fairness of the assessment. He stated the developer should bear the cost of extending services to the development. Brad Thompson advised that 90% of the residents of Little Valley do not want the SID. He asked those opposed to the SID to stand. He stated the residents are upset because they were not included in the process. Councilmember Gardner responded that this is what the City Council is now doing. Mr. Thompson stated that one owner of 50 acres could outvote 49 homeowners, and not even live in the area. Frank Seegmiller stated his farm is half the size of the Cox farm, but his assessment is twice the size. His choice is to keep his farm and farm it as long as possible. He stated the SID defeats everything area residents have worked so hard for - to preserve agriculture, and that agriculture cannot support this kind of process and tax. He stated he believed development belonged north of 2450 South Street, and as stated in his protest, he would be willing to help pay for the sewer trunkline providing certain details could be worked out. However, he protested the road program as all City residents used 2450 South and Little Valley Road and should help pay for its improvement. Basic travel lanes are the responsibility of the public. He also disagreed with the method used for the road assessment. Susan Williams stated she believed the developers requested an SID so they would not have to pay for the improvements. Mike Hamblin advised the SID will not benefit his property and those of his neighbors, and out of 14 neighbors, 11 will not connect to the sewer. He stated the idea of an SID is to benefit the property, and no benefit to him would be had from this SID. Will Powell asked the City Council to consider reimbursement agreements, rather than an SID, as reimbursement agreements worked well in American Fork. Gina Hamblin stated that in a work meeting she attended years ago concerning Little Valley, it was stated that whoever developed should bear the cost of the improvements. She advised she did not need the proposed City Council Minutes October 21, 1999 Page Ten improvements and furthermore, the cost would be less in the future because there would be more people to share in the costs. City Manager Gary Esplin replied that the City?s position has not changed, and this SID would allow those people not presently concurrent to hook to the sanitary sewer and improve the streets to City standards and meet concurrency requirements. Mayor McArthur stated that the City issued building permits in the Little Valley area because it was trying to accommodate growth, but if it had imposed concurrency requirements, the individual homeowners would have had to bear all the costs themselves. Ms. Hamblin stated she knew her septic system would not last forever, and she knew that when she bought her lot. Most of the septic systems in the area are new and should last for ten years. Mayor McArthur advised the water table changed in the Bloomington area, and it did not matter that the septic systems were new. Septic systems are sources of possible drinking water contamination, and this concern must be considered by the City. Ms. Hamblin suggested the developers absorb the cost of the improvements. Mayor McArthur responded that fairness of the assessments will be examined, and assured Ms. Hamblin that developers will pay their fair share of costs as they develop. Ila May Blake stated she agreed with Mr. Cox and that the City has an obligation to protect its green belt. Debbie Burrows inquired why the SID does not continue Little Valley Road to the new airport site, and if so, this should be reassessed. Mayor McArthur responded that there will be other accesses to the new airport, including the proposed southern corridor. Raymond Cox II stated he did not want change forced by the City, and questioned the method of formulating assessments. He presented a petition to the City Council comprised of 170 signatures of citizens of St. George to exclude farms from the SID. Garry Pearce advised he was not protesting the SID, but the manner in which it was done. A motion was made by Councilmember Gardner to continue the public hearing until the work meeting of December 9 at 5:00 p.m. The motion was seconded by Councilmember Orton, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held October 7, 1999. A motion was made by Councilmember Gardner to approve the minutes as amended. The motion was seconded by Councilmember Allen, and all voted aye. City Council Minutes October 21, 1999 Page Eleven Consider approval of the minutes of the special City Council meeting held October 12, 1999. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN: A motion to adjourn was made by Councilmember Orton. The motion was seconded by Councilmember Allen, and all voted aye. Gay Cragun, City Recorder