City Council Minutes

Thursday, January 20,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JANUARY 20, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Bob Whatcott Councilmember Larry Gardner Councilmember Rod Orton Councilmember Suzanne Allen City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Scout Austin Winningham, and the invocation was offered by Vince Clayton. Mayor McArthur invited several Scouts in the audience to introduce themselves. Mayor McArthur reminded those in attendance that this week was Heritage Week in celebration of St. George?s 138th birthday. Councilmember Allen invited all in attendance to see the Neighborhood Art Show currently being exhibited in the City?s Art Museum. CONSENT CALENDAR: Consider approval of the financial statement for December, 1999. This item was tabled until the February 3, 2000 City Council meeting. ORDINANCE: Consider approval of an ordinance vacating portions of 300 North and 200 East north of the City?s Police Building. Brown/Tooke, applicants. City Manager Gary Esplin explained this issue had been previously discussed with the City Council, but no action was taken at that time. This vacation was agreed to at the time a property trade was made with the applicants. A motion was made by Councilmember Isom to approve the ordinance as requested. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution relinquishing an easement for drainage north of the City?s Police Building. Brown/Tooke, applicants. City Manager Gary Esplin explained there exists an old drainage easement through the middle of the property now owned by the applicants. It is recommended this old easement be relinquished in exchange for a new easement from the applicants. A motion was made by Councilmember Gardner to approve the resolution as requested. The motion was seconded by Councilmember Allen. A roll call vote was taken, and all voted aye. ORDINANCE: Consider approval of an ordinance adopting the National Electrical Code. City Council Minutes January 20, 2000 Page Two City Manager Gary Esplin advised the requested ordinance is a formality that allows the City to update its Code. Chief Building Inspector Joe Empey advised the State has adopted the 1999 edition of the NEC, and this ordinance would allow the City to enforce it. 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. SET PUBLIC HEARING: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of January 11, 2000, recommended a public hearing be set February 17, 2000 at 5:00 p.m. to consider a zone change from R-1-10 and amendment of an existing PD zone to a new PD Commercial zone for a Wal-Mart super store to be located on the northwest corner of Pioneer Road and Young Street. The Planning Commission recommended approval on a 6-1 vote and subject to compliance to the Traffic Impact Study recommendations and any further studies addressing traffic impacts. A motion was made by Councilmember Isom to set the public hearing as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting of January 11, 2000, recommended approval of the final plat for Ironwood Subdivision Phase I. The plat conforms to the preliminary plat. A motion was made by Councilmember Orton to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Allen, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for expansion of the Jubilee House program to include the adjacent home to the east at 429 East 500 South. Dixie Health Care Foundation, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of January 11, 2000, recommended approval of a CUP for expansion of the Jubilee House to include the adjacent house to the east at 429 East 500 South. The house will be remodeled to accommodate the disabled and to provide additional sleeping quarters. There will also be a 900 sq. ft. addition to the rear of the home, with parking at the rear of the lot. A motion was made by Councilmember Orton to approve the CUP as recommended by the Planning Commission. The motion was seconded by Councilmember Gardner, and all voted aye. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held January 11, 2000, recommended approval of a hillside development permit for the excavation and crushing operation of a 50 acre site located on the northeast side of the Ft. Pearce Industrial Park. Russ Limb is the applicant. The site is not within the Hillside Overlay Zone, but is within a Geologic Hazard Area. The Hillside Review Board reviewed the request on December 21, 1999 and recommended approval on a 4-2 vote. The Planning Commission recommended approval subject to the plans submitted. City Council Minutes January 20, 2000 Page Three A motion was made by Councilmember Gardner to approve the hillside development permit as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye. HILLSIDE DEVELOPMENT PERMIT/AMENDED PRELIMINARY PLAT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held January 11, 2000, recommended approval of a hillside development permit and amended preliminary plat for Shadow Mountain Phase VIII and Shadow Mountain Townhomes located in a PD Residential zone east of Valley View Drive and Indian Hills Drive, and south of the other Shadow Mountain subdivisions. Paul Jensen is the applicant. The previous preliminary plat contained 31 single family lots and 46 townhome units. The amended proposal contains 33 single family lots and 40 townhome units. The circulation has changed due to more cul-de-sacs, and the detention basins and recreational amenities have been relocated. The Hillside Review Board recommended approval on a 5-0 vote subject to the previously approved landscape plan applying to the new proposal, a written text being submitted outlining the use of rock facing on the slopes and vegetation to be used, and that benching on the uphill slopes at the rear of the lots be incorporated along with planting pockets. The Planning Commission recommended approval of the hillside development permit subject to these conditions. A motion was made by Councilmember Whatcott to approve the hillside development permit and amended preliminary plat subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. REQUEST FOR STREET LIGHT: Consider a request for approval of a street light to improve safety on Dixie Drive adjacent to The Park at Green Valley. City Manager Gary Esplin advised that under current City policy, a street light can be installed at City expense if a safety hazard is determined to exist by the City Council. A number of requests have been received from residents of the area, and staff is agreeable to the request to place a street light at the intersection of Dixie Drive and Phase 4 of The Park at Green Valley. A motion was made by Councilmember Orton to approve placement of the street light as requested for safety reasons. The motion was seconded by Councilmember Isom, and all voted aye. Mayor McArthur explained the City?s policy concerning placement of street lights. APPROVAL OF FIVE MILE ROAD RACE: Consider a request for approval of a five mile road race on April 1, 2000. Rebel Sports, applicant. City Manager Gary Esplin advised this is an annual event which requires use of a City street. No problems have been experienced with past runs. A motion was made by Councilmember Gardner to approve the road race as requested. The motion was seconded by Councilmember Whatcott, and all voted aye. REVIEW CITY POLICY RE CUTTING NEW STREETS: Review of City policy concerning cutting of newly improved City streets. City Council Minutes January 20, 2000 Page Four City Manager Gary Esplin explained that the public has been chagrined in the past to see newly paved streets cut. In response to this concern, the City contacts all utilities and asks if any cuts are going to be made to a street before it is paved, and has in place a policy that forbids cutting of any street less than two years old. The City has now received a request to cut the newly installed Snow Canyon Parkway. Alternatives are available to the developer to bore under the street, however, this case is a little different because another 2" of asphalt will be added to the roadway as development occurs. Public Works Director Larry Bulloch explained staff is proposing the policy be formalized in writing, as there is a lot of public criticism when a newly paved street is cut, which later causes bumps and cracking. The policy would establish a procedure of priorities. The City would ask the developer to bore, or postpone the work until the street is two years old, or reroute the work so that the pavement is not disturbed. If there is no other alternative, the City would recommend the developer be able to cut the street if infrared repair methods are used. This method is commonly known as the seamless patch, and is new technology. However, this method is expensive. The policy would state that the developer must choose one of the alternatives. Mr. Bulloch explained it is difficult to tell where a patch has been made when infrared repair methods are used, and it minimally affects the life of the road. Milo McCowan advised infrared repair would be half the cost to drill under the roadway. He advised that because there are medians in Snow Canyon Parkway, boring cannot be used to install water to the medians, and it is important to have the ability to cut the street. Public Works Services Coordinator Mike Hester explained that as far as quality, a patch made by infrared is as good as can be had. The City has been using it on an experimental basis for the past two years with good success. Settling problems are negligible if quality road base is used. Councilmember Whatcott commented that since he has been serving on the City Council, he has received more complaints about road cuts than anything else. Councilmember Gardner expressed concern about the City making a hard and fast policy about no cuts in two years and possibly taking away property rights from owners who want to sell their property along a new road. Mr. Hester replied the City is not taking away rights as there are alternatives the developer or property owner can choose. City staff is requesting a policy be put in place to assure street cuts are properly made and the City?s maintenance costs don?t go sky high. City Manager Gary Esplin commented that with regard to Snow Canyon Parkway, property along it is being held by its owners who do not want to develop it. They may sell it and therefore do not want to incur the cost of installing utilities before the road is paved. The City cannot force a property owner to improve his property. Many times an owner does not know how his property will be developed and that is why City policy leaves it to their discretion to bore or use infrared patching. Councilmember Isom expressed concern about poorly patched roads in the past, and voiced support for the infrared patching method. Public Works Director Larry Bulloch distributed a picture of patches on City streets. City Council Minutes January 20, 2000 Page Five Councilmember Orton inquired if older roads were going to be addressed in the new policy. Mr. Bulloch replied they would be addressed. Milo McCowan advised a 2" overlay on the entire road would be installed upon completion of development. Mr. Bulloch replied he needed guidance from the City Council as to what level of service to provide and the quality of roads to maintain. Councilmember Whatcott stated the policy should be required for all roads in good condition. Mr. Bulloch replied a judgment would have to be made as to whether a road was in good enough condition to warrant the requirements of the policy. Councilmember Gardner commented he was nervous about getting too restrictive. Councilmember Whatcott stated he was concerned about roads that were not properly patched in the first place. City Manager Gary Esplin commented the City was heading in the right direction with this policy, but there would be a lot of pressure from utility companies because the City was raising its standards. He advised the City should have higher standards for streets which have been overlaid within the past 2-5 years, than streets which are 10 years old or older. Councilmember Gardner inquired if the City already had a standard in place. Public Works Director Larry Bulloch replied that the City did have a standard in place, but patches made without using the infrared method allowed water to seep under the patch and create alligator cracking. This would be eliminated with the infrared system. The City annually evaluates its roads and establishes a pavement condition index. This could be used to determine pavement condition, rather than the whim of the inspector. City Manager Gary Esplin advised the ordinance would again be scheduled on the next City Council agenda. Councilmember Orton inquired of Mr. McCowan how the easement was coming for the equestrian trail through his property. Mr. McCowan said the easement should be finalized within one week. Councilmember Orton inquired when the equestrian trail would be useable, and Mr. McCoward replied that it was useable now. It will exist as it does now as a primitive trail for horses and hikers, and there should be no interruption to use of the trail. APPOINTMENTS: Appointments to various boards and commissions of the City. Mayor McArthur recommended appointing Sybil Livingston and Diane DePew to the Housing Authority, as recommended by the Housing Authority Board. A motion was made by Councilmember Isom to appoint Sybil Livingston and Diane DePew to the Housing Authority. The motion was seconded by Councilmember Orton, and all voted aye. City Council Minutes January 20, 2000 Page Six PUBLIC HEARING/ORDINANCE: Public hearing to consider amendments to Chapter 10 of the Zoning Ordinance regarding construction subject to geologic, flood, or other natural hazards. Assistant City Engineer Jay Sandberg advised that a summary of the river stability study and proposed ordinance was reviewed with the City Council in a previous work meeting. The proposed ordinance would adopt erosion hazard boundaries and require special permits for development. He explained the public notification process which was completed and advised of the many meetings held with the public, civil engineering firms, and interested groups and organizations. The proposed ordinance was presented to the Planning Commission, who recommended approval. He explained the purpose of the ordinance is to protect new development from geologic hazards, and to promote land uses compatible with the river system and flood waters. He then reviewed changes to the ordinance with the Mayor and City Council. He advised the crux of the ordinance was not to limit development within the erosion hazard area, just require more detailed studies. He advised the City has been requiring erosion studies, and developers have met this requirement. Passage of the ordinance will also allow City staff to be more consistent in the way they manage the floodplains by treating all developers and projects the same. City Manager Gary Esplin explained City staff is trying to protect the public from erosion hazards, and only the Ft. Pearce Wash, Virgin River, and Santa Clara River would be affected. Mr. Sandberg stated that while the Corp of Engineers is trying to protect the rivers from development, the City is trying to protect development from the rivers. Councilmember Gardner stated he wanted to be assured the lines drawn to indicate the hazard areas were not arbitrary. City Manager Gary Esplin replied it was easy to determine where the Virgin River had been, but the City is not saying the areas can?t be developed. Mayor McArthur opened the public hearing. Paul Jensen inquired whose discretion was used to create the ordinance, the Corp of Engineers or the City. City Manager Gary Esplin replied the City exercised its discretion in this ordinance, as the Corp has its own jurisdiction, and regardless of the City?s requirements, developers would be subject to requirements of the Corp. Mr. Jensen inquired if provision had been made in the ordinance for mitigating factors such as single loaded roads vs. double loaded roads. Mr. Sandberg advised Mr. Jensen that provision had been made. 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 roll call vote was taken and all voted aye. MINUTES: Consider approval of the minutes of the regular City Council meeting held December 16, 1999. City Council Minutes January 20, 2000 Page Seven A motion was made by Councilmember Whatcott to approve the minutes as presented. The motion was seconded by Councilmember Orton, and all voted aye. REQUEST FROM PIONEER CENTER FOR THE ARTS COMMITTEE: John Allen distributed a picture of a bronze statue by L?Deane Trueblood and advised she would like to donate the statue to the City for use in the roundabout, with the City paying the casting costs, delivery, and set up fees totaling approximately $10,000. However, she would like to donate $4,500 to the City to help pay for these costs. Mr. Allen replied that donations will be solicited to help pay the remaining $5,500 cost, if desired by the City. A motion was made by Councilmember Whatcott to accept donation of the statue from Ms. Trueblood for placement in the roundabout, with donations being solicited to pay the remaining $5,500 balance. City Manager Gary Esplin stated the City could install the base at its cost. The motion was seconded by Councilmember Gardner, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion was made by Councilmember Gardner to adjourn to an executive session to discuss personnel issues. The motion was seconded by Councilmember Allen, and all voted aye. RECONVENE: A motion was made by Councilmember Orton to reconvene. The motion was seconded by Councilmember Whatcott, and all voted aye. DISCUSSION WITH LEUCADIA: Present for this discussion were Jeff Morby, Larry Pinnock, and Jim Ward representing Leucadia Financial Corp., Frank Seegmiller from Creamer & Noble Engineers, and the City?s consultant, Ric Dunkelberg, via telephone. The proposed noise overlay zones were discussed. Leucadia distributed maps of the area depicting noise overlay zones and reviewed with those present FAA regulations addressing overlay zones and noise restrictions. A discussion took place concerning land uses, density, residential development, and topography of the area. Mr. Dunkelberg explained that it is true the FAA and all federal agencies recognize the 65 dnl noise contour as the threshold contour for non-compatible land uses. That contour was derived from social studies in urban settings with other urban background noises, making it not quite as obtrusive. However, they are considering expanding that standard to 60 dnl. He stated in his experience significant noise complaints are experienced way beyond the 65 dnl. The proposed airport site is in a very quiet rural setting with low noise levels. Councilmember Gardner inquired if it would be possible to use the brow of the hill and topographical recession as the definable boundary rather than the southern corridor, which would still be 1000 feet away from the 65 dnl level. Mr. Dunkelberg stated the closer to the airport, the more problems with noise impacts. Councilmember Gardner inquired if the City?s application to the FAA would be impacted if it used anything less than 65 dnl. Mr. Dunkelberg replied the FAA looks at general land use compatibility criteria and how close residential or other noise sensitive developments are to the boundary. The further away the better. They also look at each airport individually. City Council Minutes January 20, 2000 Page Eight Councilmember Gardner inquired if in the City?s application to the FAA it used the wash or brow of the hill or some other topographical reference as the boundary instead of the southern corridor, would that be a defensible argument. Mr. Dunkelberg said it was a possibility, but he would have to take a look at it. Frank Seegmiller stated that dnl corridors are based on a 24 hour average, not a single event, and the 24 hour average is substantially less than a single noise event. Councilmember Gardner inquired how much work it would take to overlay dnl lines from the first study on the second runway. Mr. Dunkelberg replied there is no operational data to accommodate the second runway, and that an analysis would have to be done on the total operation and split on the runways. This would require a significant amount of work. Mr. Bulloch inquired whether lower topography would make a significant difference in noise. Mr. Dunkelberg replied being lower would make some difference, but not a significant difference that close to the airport. Mayor McArthur suggested that Leucadia revise their plan to include some of the suggestions made by Mr. Bulloch, and come back with something to send to Mr. Dunkelberg for his review. He suggested not only looking at the southern corridor as the barrier, but topography too. Mr. Pinnock suggested taking Mr. Dunkelberg on a site visit to the property. Mr. Dunkelberg said he would be in St. George on February 3 to make the site visit and meet with the City Council. He suggested meeting with the FAA after the City?s position had been solidified. A site visit and lunch meeting was scheduled for February 3. City Manager Gary Esplin commented that out of a 2600 acre project, the 79 acre parcel in dispute is insignificant compared to the risk the City will take on when Leucadia is gone. Mr. Pinncok replied Leucadia feels strongly that in order to make the project work and pay for the golf course, residential development is needed. He stated at the time of the land exchange, Leucadia had no knowledge of the City?s plans for a second runway. He stated Leucadia would like the opportunity to explore a compromise with the City, and they will examine Mr. Bulloch?s recommendations. Councilmember Whatcott commented he liked Leucadia?s plans for the area and it would be a great addition to the City, however, under no circumstance does the City Council want to do anything to jeopardize the airport. The City is fortunate to have Leucadia develop the property adjacent to the airport to illustrate that it can be done. Mr. Pinnock stated that other noise in the area will be created by the commercial centers and traffic on the southern corridor. Frank Seegmiller commented that residential development is the enemy of airports, and it is critical that whatever boundary is decided upon, it be on the conservative side. The City already has a constrained airport and does not need to create a second constrained airport because of City planning. DISCUSSION RE RESOURCE OFFICERS: A discussion took place concerning a need for the School District and County to pay their fair share for the School Resource Officers. City Council Minutes January 20, 2000 Page Nine DISCUSSION RE SCHOOL DISTRICT PROPERTY IN DOWNTOWN AREA: A discussion took place on a possible plan for purchase of School District property in the downtown area, and payment arrangements. ADJOURN: A motion to adjourn was made by Councilmember Isom. The motion was seconded by Councilmember Whatcott, and all voted aye. The meeting adjourned at 7:30 p.m. ________________________________ Gay Cragun, City Recorder