City Council Minutes

Thursday, February 17,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING FEBRUARY 17, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Rod Orton Councilmember Sharon Isom Councilmember Larry Gardner Councilmember Bob Whatcott 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 Craig Paulson, and the invocation was offered by Gary Esplin. Mayor McArthur invited several Scouts in the audience to introduce themselves. Public Works Director Larry Bulloch introduced the City?s new Street Superintendent, Lyle Swaney. CONSENT CALENDAR: Consider approval of the financial statement for January, 2000. A motion to approve the consent calendar was made by Councilmember Isom. The motion was seconded by Councilmember Allen, and all voted aye. AWARD OF BID: Consider extending the purchase order for well drilling to Gardner Drilling. Purchasing Agent Sue Swensen advised that Gardner Drilling was awarded a purchase order in December, 1998 to perform drilling of wells. They have begun work on the Moore Well, but the existing purchase order has expired and funds have been depleted. Staff recommends the existing purchase order be extended until the work is completed in an amount not to exceed $100,000. A motion was made by Councilmember Gardner to extend the purchase order to Gardner Drilling in an amount not to exceed $100,000. The motion was seconded by Councilmember Orton, and all voted aye. AWARD OF BID: Consider award of yearly contracts for asphalt, concrete, sand and gravel purchases. Purchasing Agent Sue Swensen presented five bids received from Western Rock Products, Progressive Contracting, SunRoc, Interstate Rock, and Gunlock Rock. She recommended that a blanket purchase order be set up with each in an amount not to exceed $250,000. End users would be instructed to contact the lowest bidder first for each product, and if the order cannot be filled, they would then contact the second lowest bidder, etc. A motion was made by Councilmember Isom to set up a blanket purchase order with Western Rock Products, Progressive Contracting, SunRoc, Interstate Rock, and Gunlock Rock in the amount of $250,000 each as recommended by the Purchasing Agent. The motion was seconded by Councilmember Orton, and all voted aye. St. George City Council Minutes February 17, 2000 Page Two AWARD OF BID: Consider award of bid for construction of the west side water improvement project. Purchasing Agent Sue Swensen presented eight bids received: SunRoc Corp $1,081,405.50; Johansen Construction $1,226,596.97; Progressive Contracting $1,398,896.62; Quality Excavation $1,465,000.00; Terry Larsen Excavation $1,497,911.00; Interstate Rock Products $1,561,573.83; Vancon $1,634,407.00; and Cox Development $1,667,247.37. The engineer?s estimate is $1,231,693.00. She recommended award to the low bidder, SunRoc Corporation, in the amount of $1,081,405.50. Project Engineer Barbara Berrett explained the scope of work includes installation of a 12" water line along Dixie Drive, installation of a 3,000,000 gallon water tank west of Sunbrook, and installation of a pump house near the Southgate Golf Course. A motion was made by Councilmember Gardner to award the bid to the low bidder, SunRoc Corp in the amount of $1,081,405.50. The motion was seconded by Councilmember Isom, and all voted aye. AWARD OF BID: Consider award of bid for the purchase of fire equipment for the new fire pumper truck. Purchasing Agent Sue Swensen presented two bids received: LN Curtis & Sons $57,683 and Ross Equipment $35,103.75, and advised the Ross Equipment bid was an incomplete bid, as some of the items requested were not bid and others bid did not meet specs. She recommended award of the bid to LN Curtis & Sons in the amount of $57,683. A motion was made by Councilmember Orton to award the bid to LN Curtis & Sons in the amount of $57,683. The motion was seconded by Councilmember Whatcott, and all voted aye. AWARD OF BID: Consider award of bid for the painting of the steel water tank on North Main Street. Purchasing Agent Sue Swensen advised only one bid was received from State Painting in the amount of $149,577. Staff feels this is a good bid and recommends award. A motion was made by Councilmember Gardner to award the bid to State Painting in the amount of $149,577. The motion was seconded by Councilmember Whatcott, and all voted aye. SET PUBLIC HEARING: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of February 8, 2000, recommended public hearings be set for March 16, 2000 at 5:00 p.m. to consider a zone change from OS and M-1 to R-1-10 on 43.24 acres located northeast of Ruesch Machinery at Middleton Drive and Red Rock Road, and a zone change from OS to R-1-10 on 9.956 acres located north of Bloomington Country Club No. 7 between Kolob Drive and Los Padres Drive. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. St. George City Council Minutes February 17, 2000 Page Three CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to use a modular unit for a temporary classroom at Valor Hall private school located at 696 South Dixie Drive. Barbara Christian/Richard Downer, applicants. Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of February 8, 2000 recommended approval of a conditional use permit to use a modular trailer for temporary classrooms while the main building of Valor Hall private school is being remodeled. The school is located in an R-1-10 zone . There are 52 students currently enrolled, and the request is for up to 90 students. The music school previously approved at this location was for up to 100 students. The applicants said they would paint the trailer to match the building, and would like to use it for one year, but could get by with less time is required. The City?s Fire Marshall inspected the building and has given the applicants a list of items that must be done. There was also a large pile of debris on site that has since been removed. A City business license is also required. They are proposing 15 faculty and staff. The Planning Commission recommended approval subject to the modular trailer being removed after one year, the debris be cleaned within 90 days, there be a maximum of 90 students and 15 faculty/staff, a business license be obtained, and the school comply with the Fire Marshall?s requirements. 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 Gardner. Councilmember Whatcott inquired if the applicant had a one year lease, and if so, why the trailer would be needed. The applicant was not present and no one knew the length of the lease. Councilmember Allen amended her motion to approve subject to actual remodeling of the existing building and procurement of a building permit for the remodeling. The motion was seconded by Councilmember Whatcott, and all voted aye. ADD TO NON-CONFORMING BUILDING: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held February 8, 2000, recommended approval to enclose a porch that is nonconforming as to setback and is attached to a house located in an R-1-8 zone at 2427 East 40 North. Coquette Jacobson is the applicant. The home was built two feet from the side property line and the porch was built 1 1/2 feet from the same property line, both receiving a variance on July 19, 1994. The applicant would now like to enclose the porch. Councilmember Isom clarified that the footprint of the building would not be increased. A motion was made by Councilmember Whatcott to approve the request as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of February 8, 2000, recommended approval of the final plat for the Boulders Phase 4. Steve Sheffield is the applicant. 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 Isom, and all voted aye. St. George City Council Minutes February 17, 2000 Page Four FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held February 8, 2000, recommended approval of the final plat for Sage Creek Subdivision Phases 3A, 3B, and 4. Jim Raines is the agent. The final 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 Gardner, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of February 8, 2000, recommended approval of the final plat for Huntington at Stonebridge Phase I. Milo McCowan is the agent. The final plat conforms to the preliminary plat. 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 Isom, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of February 8, 2000, recommended approval of the amended final plat for Sun River Phase I Plat 1B in order to combine two lots and abandon the common area between them. Paul Marsh is the applicant. A motion was made by Councilmember Isom to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Whatcott, and all voted aye. FEE WAIVER FOR USE OF PARK: Consider a request for a fee waiver for use of Worthen Park for Flag Day on June 14. Russell Bezette, applicant. City Manager Gary Esplin advised staff recommends support of the Dixie Elks Lodge in this activity, and recommends waiver of the fee for use of the park or a Flag Day ceremony. A motion was made by Councilmember Gardner to approve waiver of the fee for use of the park on Flag Day for a Flag Day ceremony. The motion was seconded by Councilmember Allen, and all voted aye. BEER LICENSE: Consider a request for approval of a beer license for a convenience store at 810 E. St. George Blvd. David Terry, applicant. City Manager Gary Esplin advised the existing convenience store currently has a beer license, and this request would not be for an additional license, just a change in ownership. A background check on the applicant was performed with no negative results. A motion was made by Councilmember Isom to approve the beer license. The motion was seconded by Councilmember Allen, and all voted aye. MAINTAIN LANDSCAPING ON MAJOR COLLECTOR ROAD: Consider a request, under City policy, to maintain landscaping on a major collector road at 10 South 2450 East for the Cloverland and Copper Hills Subdivisions. City Manager Gary Esplin explained the City has received a request to maintain landscaping adjacent to a major collector road at 10 South 2450 East. Under current City policy, a developer can request that the City St. George City Council Minutes February 17, 2000 Page Five maintain landscaping within City right-of-way along a 66' or 80' major collector road. Staff recommends that this policy be reconsidered at a future date as the burden on City staff to maintain these areas is becoming great. However, staff recommends approval of this request. The landscaping will consist of ground cover and trees with no lawn. The change in policy will be discussed at the next City Council work meeting. A motion was made by Councilmember Isom to approve the request subject to inspection and approval by City staff of the landscaping. The motion was seconded by Councilmember Orton, and all voted aye. AIRPORT GROUND LEASE: Consider a request for approval of an airport ground lease for the Chaney Family Trust at the municipal airport. A motion was made by Councilmember Gardner to approve the airport ground lease as requested. The motion was seconded by Councilmember Whatcott, and all voted aye. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT: Consider approval of an amendment to the professional services agreement with Creamer & Noble Inc. for the proposed new airport project. City Manager Gary Esplin advised the City is currently in the middle of a final environmental review and compiling a report to the FAA. The City has been asked to include noise studies, and because of the change to the scope of the project, additional compensation is due to the project engineer. The total of the project to date is $506,847, and the original contract was for $219,000, but due to the requests for noise analyses and environmental assessments, the cost has increased. The FAA will pay 92% of the cost, with the remainder being the City?s portion. A motion was made by Councilmember Allen to approve the amendment to the professional services agreement as requested. The motion was seconded by Councilmember Gardner, and all voted aye. ABANDONMENT: Consider a request to abandon small parcels of property. adjacent to the Sunbrook Golf Course and certain rights-of-way in Sunbrook Canyonview Ridge Phase 3 Subdivision. City Manager Gary Esplin advised the City has received a request to abandon small parcels of property and easements in the Sunbrook Canyon View Ridge Phase 3 Subdivision adjacent to several homes. The property is raw and is not being maintained and is out of play. In order to sell the small portions of property, easements will have to be abandoned and relocated. The plat will be amended to show the new easements, and the property will be sold for $1 per sq. ft, per City policy. A motion was made by Councilmember Orton to sell several small parcels of property to adjacent homeowners in the Sunbrook Canyon View Ridge Phase 3 Subdivision. The motion was seconded by Councilmember Isom, and all voted aye. RESOLUTION: Consider approval of a resolution abandoning certain easements in the Sunbrook Canyon View Ridge Phase 3 Subdivison. A motion was made by Councilmember Whatcott to abandon by resolution certain easements in the Sunbrook Canyon View Ridge Phase 3 Subdivision St. George City Council Minutes February 17, 2000 Page Six as requested. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. PROPERTY EXCHANGE: Consider a request for approval of a property exchange between the City and IHC along Halfway Wash. City Manager Gary Esplin explained this request would affect property proposed for a trail located south of Sunset Blvd. as it comes under the road across from Wendy?s adjacent to the new credit union along Halfway Wash. The City previously purchased additional property from Mr. Carter and is exchanging the same amount of property back to IHC in exchange for a trail through the area which will finish the trail project. A motion was made by Councilmember Allen to approve the property exchange. The motion was seconded by Councilmember Gardner, and all voted aye. Mayor McArthur invited several more Scouts in the audience to introduce themselves. PUBLIC HEARING/CONDITIONAL USE PERMIT: Public hearing to consider a request to designate the home at 306 South Main as a landmark site and consider a request for approval of a conditional use permit for an office in the Samuel Miles home landmark site located at 306 South Main. Louis Sylvester, applicant. Community Development Director Bob Nicholson explained that Mr. Sylvester owns the home at 306 South Main which was built during the years 1865-1872 by Samuel Miles. If the property is designated as a landmark site, a conditional use permit can be requested for commercial uses. The applicant will live on site and proposes to operate a financial counseling and investment planning business from the home. He does not want to change the character of the site and is requesting street parking since he will not have more than two clients on the property at a time. A sign no larger than nine sq. ft. is requested. The Planning Commission recommends approval subject to no more than two clients (or sets of clients in the case of couples) at a time, no more than two employees (including the applicant), and a sign no larger than nine sq. ft. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. He advised he had received one letter in opposition. A motion was made by Councilmember Allen to approve, by ordinance, landmark site designation as requested. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. A motion was made by Councilmember Allen to approve the conditional use permit as requested, subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye. PUBLIC HEARING: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential along with the amendment of an existing PD Commercial zone to a new PD Commercial zone for a Walmart Superstore to be located on the northwest corner of Pioneer Road and Young Street. Walmart, Inc., applicant. Mayor McArthur advised anyone wishing to make comments to fill out a card, and time would be limited to four minutes each initially. After St. George City Council Minutes February 17, 2000 Page Seven everyone had a chance to speak, if new information needed to be brought forth, an opportunity to speak again would be provided. He advised the audience to maintain order and show respect for others? opinions. Community Development Director Bob Nicholson advised the 26 acres of property in question is zoned R-1-10 for the south 1/3 of the property, and the northern 2/3 is presently zoned PD Commercial. The General Plan, as well as the original Bloomington Master Plan, designates the property as future commercial, however it does not say what type of commercial. The applicant proposed a 183,645 sq. ft. superstore plus four outpads near Pioneer Street, however, the use or design of those pads will not be part of the present zoning hearing. The proposed superstore will be brown and tan brick and stucco in a southwest design. The PD zone requires the applicant to submit a site plan, elevations, and list of uses or potential uses, and the applicant is then limited to those plans and uses only. Any change to the plans would require another public hearing. Planning Commission concerns included building aesthetics, and the plan has since been modified to a southwest design. The building will be 29' in height, and there will be a 25' minimum landscape strip along Pioneer Street, and a landscaped area adjacent to Young Street. A sign would be limited to a monument-type sign with a maximum of 10' in height from grade. Noisier aspects of the building such as a garden center and automotive service center were moved to the north side of the building to keep the noise away from residential areas. The applicant is proposing a 3' berm with an 8' wall along the property line adjacent to the residential area. Traffic concerns were a major issue of concern for the Planning Commission, as the store would generate 8,410 new trips per day and 691 peak hour trips. Councilmember Gardner inquired if a peak hour trip were one direction only, and Mr. Nicholson informed him that was correct. Mr. Nicholson advised a traffic study had been prepared which indicated the project would require two traffic signals plus road widening and restriping. Walmart will pay all of these costs, however, a long term or permanent solution would be placement of two roundabouts, one on each side of the I-15. Staff feels this is a better solution than the traffic signals. The Planning Commission voted 6-1 to recommend approval. Lowry Snow advised the official name of the applicant is Pacific Land Design, whom he represents. Pacific Land Design is acting on behalf of the property owner, Mr. Magleby, and Walmart. He advised the City Council is in possession of a letter from Columbia Hospital indicating they do not oppose the zone change. Daphne Davis, Community Affairs Director for Walmart Stores, advised the proposed superstore will combine general merchandise with a full grocery store. She advised that when considering such a significant business investment, Walmart takes into account its means of continuing to offer selection, quality, and value. The new store will provide a better shopping experience and afford more room to better maintain the facility. The new store will provide an opportunity for hiring by increasing the work force by a few hundred, and will continue to support local non-profit organizations. Councilmember Isom advised she heard a Walmart was being proposed for Mesquite, Nevada. She inquired what formula was used in order to determine where new stores will be built, and which stores will be closed. Ms. Davis replied Walmart looks for opportunities to better serve its customers. Chris Calloway, Walmart real estate manager for the area, advised he did not know of any formal plans for a Mesquite store. St. George City Council Minutes February 17, 2000 Page Eight Mayor McArthur inquired if the Utah and the Nevada areas overlapped. Mr. Calloway advised there is another real estate manager for Arizona and Nevada. Ms. Davis advised that with regard to closing stores, Walmart on occasion looks at replacing facilities. Councilmember Orton inquired what additional services would be provided from the Walmart superstore. Ms. Davis responded in addition to general merchandise and groceries, the store would have an optical center, a one hour photo center, a tire center and lube express, and the area across the front of the store would be available for lease to a bank, hair salon, postal service, dry cleaners, video store, etc., based on the market inside the store. Councilmember Orton inquired if gas pumps were part of the plan. Ms. Davis responded Walmart was working with vendors to do a partnership to lease space to them for a gas station. City Attorney Jonathan Wright advised all uses would have to be listed in the PD text. Community Development Director Bob Nicholson responded that the PD text simply notes retail uses, and does not list an optical center, pharmacy, etc., under the broad category of retail merchandise in general. Councilmember Orton inquired if approval of the gas pumps were being considered as part of this request. Community Development Bob Nicholson responded the applicant would have to come back with the request for gas pumps as it was not part of the building itself. Joe Geivett, project engineer for Walmart, presented the site plan and a computer generated presentation. Community Development Director Bob Nicholson advised the rezone request is for eight acres, or three lots which are zoned R-1-10. Councilmember Whatcott stated the eight acres comprises three parcels of property, not three building lots. Community Development Director Bob Nicholson advised the eight acres are master planned as future commercial. Hal Magleby. property owner, advised he purchased part of the old Terracor Subdivision before it was annexed to the City. In 1982 at the time of annexation, the property came in as R-1-10 as a holding zone, including the property upon which the convenience store is now located. In 1982 and 1983 extensive meetings were held which resulted in a new master plan. The only reason the three parcels of property remained R-1-10 zoning is because there has never been an application to change the zone for these parcels of property. They were simply being held as R-1-10 until a situation arose such as this. Councilmember Gardner requested clarification about any restrictions on the deeds for property in the Casa Del Rio Subdivision. St. George City Council Minutes February 17, 2000 Page Nine Mr. Magelby responded that when the Casa Del Rio Subdivision was subdivided and developed, a portion of the residents of the subdivision were put on notice that all of the land was designated commercial. A deed restriction prohibits them from now objecting to a commercial use. David Hauser, architect for the Walmart project, presented building elevations. Grant Schultz, traffic consultant for Walmart, explained the traffic impact study and presented a video of a roundabout in Vail, Colorado. He advised that the proposed roundabouts would accommodate single, double and triple trailer trucks. The outer diameter of the proposed roundabout is 200'-210'. He presented an aerial photo of the site showing the two proposed roundabouts. He advised there would be one lane in the center circles. Councilmember Gardner requested clarification of the projected traffic counts and cost of roundabouts and other traffic-related improvements. Mr. Schultz responded he estimated cost for the whole interchange, both sides, at $1,000,000. This figure is based on advantages this project would have that others would not, such as pricing that would be able to be obtained through a larger project and economies of scale. Councilmember Gardner inquired if Walmart would pay for the total improvement of the intersection and roundabouts on both sides of the interchange. Mr. Schultz responded that Walmart would contribute those funds required for traffic signals plus some additional funds to develop the interchange. Walmart is also paying for the feasibility study with UDOT for the roundabouts. The final amount Walmart is willing to pay will be determined by the feasibility study. Walmart is willing to pay their fair share of the interchange, plus more, but cannot commit to pay for the total improvements because the scope of the project is not known. Walmart cannot commit to 100% right now. Mayor McArthur advised that the City cannot make someone do more than their share of the impact on the system. Lowry Snow stated Walmart is ready to fund their impact according to the study submitted to the City, which is the proposal for traffic signals. Signaling will handle the traffic problems at an estimated cost of $500,000. This amount Walmart will pay. They will also go one step further, if it makes sense for the City to find a long range solution, and work with the City. A joint effort will be required, however, and there may be sources of funding from UDOT. He submitted a document for the record - a letter from Allan Carter concerning the covenant which runs with respect to all of the Casa Del Rio Subdivision. Councilmember Isom advised she would not base her decision on emotions, but would do what was best for the welfare and safety of the citizens, based on the community as a whole. She expressed concern that Walmart was building two stores in such close proximity to each other, and inquired what formula Walmart used to determine if two stores were viable. Ms. Davis replied Walmart determines that based on its prior experience, population base, retail need, average household income, amount of shopping available at the present time, and retail sales in the overall market. The best factor for determining this is that Walmart has been operating for years, has experience in the communities, and knows how many people it takes to serve a particular store. St. George City Council Minutes February 17, 2000 Page Ten Councilmember Gardner inquired if Walmart had closed any stores across the nation. Ms. Davis replied it was uncommon, and in most cases it was not a closure, but a relocation or improvement to the store to increase service to the community. Councilmember Gardner inquired what type of commitment could Walmart give to build if its request was approved. Chris Calloway, Walmart real estate manager for Utah, replied he could not give a guarantee, but advised Walmart has every intention of building. Councilmember Whatcott inquired how many other non-metropolitan areas of 70,000 or less in population have two Super Walmarts. Mr. Calloway replied there were no statistics to date, but there are several examples. Councilmember Whatcott requested their names and locations. Ray Draper, Bloomington Community Council Chairman, advised Walmart has worked with them to redesign the building. At the two community meetings held, most seemed to be opposed to the project, but afterward he had many people come up to him and voice their approval of the project. He stated that traffic will be the biggest problem, and advised against the traffic signals and urged approval of the roundabouts. Mayor McArthur called for a five minute break. The meeting was again called to order. City Attorney Jonathan Wright urged the audience to keep their emotions in check and be respectful of others? opinions. Mayor McArthur advised that because of the amount of people wishing to speak, they will be given three minutes each. If there is additional time at the end of the comments, it will be given, and everyone will have a chance to speak who wishes to. He opened the public hearing. Councilmember Orton read a disclosure of interest statement. He advised he would fairly and impartially consider the evidence presented in making his decision on the zone change. Councilmember Gardner assured the audience that the City Council takes public hearings seriously and have come with open minds and are anxious to make a good decision. Scott Munson, UDOT District Engineer for the Cedar District, advised his obligation is to protect the 17,000+ travelers a day who use the State?s system. He advised UDOT?s relationship with Sear Brown and their requests for information has been professionally handled. As far as an agreement for the cost of a portion of the project, there might be a possibility, but it would have to be worked out. However, at present UDOT has no plans to provide any money for improvements to the intersection at issue, and the process to procure money would be a five year long process and would have to compete with all other projects for state and federal highway funds. Councilmember Orton inquired if UDOT were proposing any roundabouts through the State of Utah. Mr. Munson replied UDOT is currently looking at constructing one at Exit 10, the Washington Interchange. It has been funded for the 2002 fiscal year, St. George City Council Minutes February 17, 2000 Page Eleven however, he has reason to believe the Commission is prepared to fund that portion of project ahead of schedule. Councilmember Orton inquired of Mr. Munson if in his opinion the roundabout as proposed would work. Mr. Munson replied that based on Sear Brown?s analysis, UDOT engineers feel comfortable with it. Frankie Pepito, a resident of Bloomington, advised Walmart?s study did not address traffic coming from the Green Valley area through Bloomington?s residential neighborhoods. Bloomington is an equestrian area with over 100 horses, and has the largest active 4H Club in the area. An equestrian arena has also been approved for the Bloomington Park area and additional traffic is therefore a big concern. She advised two Super Walmarts in such close proximity would be detrimental to downtown businesses. She advised a better location would be at the new southern corridor interchange. Ben McMahon, expressed support for the proposed Walmart store. He stated he thought it was time Bloomington grew up and joined the City in sharing the traffic burden. He advised he contacted Walmart about constructing a freeway off-ramp at the end of Pioneer Road. Brian Chadaz, Chairman of the St. George Area Chamber of Commerce, and on behalf of the Community Action Committee and Board of Directors, requested the City Council maintain their focus on the welfare of the area residents. If concerns are adequately addressed, free enterprise should take its course. City Attorney Jonathan Wright advised the City Council will base its decision on land use, not on the economic viability of the applicant. Raymond Kuhne stated he did not think the City Council could evaluate all the data received and make a decision tonight. He stated he thought some of the data was false, particularly traffic volumes. Steve Lewis, a resident of Bloomington, urged the City Council to protect Bloomington residents? investment and way of life as stated in the City?s Zoning Handbook. As defined in the Handbook, planned development is to ensure compatibility of the intended development with existing development, and the proposed Walmart project is not compatible due to traffic and safety issues. He stated a monstrous 24 hour retail project would be detrimental to the surrounding quiet residential neighborhoods. Lloyd Paulsen reviewed the history of the zoning of the Bloomington area. The area, as zoned by the Washington County Planning Commission, was zoned R-1-10 when it came into the City, and Bloomington has always considered itself to be a residential community. When he bought his property in Bloomington 23 years ago, he was told the area would always be residential, and many people believe Bloomington should remain residential. Scott Lee advised he was an expert on highway safety and had previously submitted his credentials. He advised his questions were not answered by the presentation of Walmart, nor was the formula provided which was used to calculate additional traffic flow from the Green Valley area. He advised there is no data available for this. He advised he requested specifications from Chapin Burkes on the roundabout in Houston, but has not received that information. Paul Wilson, a resident of the Casa Del Rio Subdivision, advised he was not opposed to PD Commercial zoning, but was opposed to the Walmart project St. George City Council Minutes February 17, 2000 Page Twelve as it was too big and would have too many negative impacts upon the community. He expressed concern about traffic problems and the safety of children and senior citizens in the area, and pollution. He expressed concern with environmental issues and urged the City Council to study the environmental impacts. He also expressed concern that property values would diminish. Wes Waters expressed support for Walmart and stated it would provide convenience. Walmart has met all impact concerns and would provide jobs for youth and mature citizens. Walmart also has a positive impact on philanthropic projects. Tom McArthur stated the Walmart traffic study was not comprehensive enough and did not cover the Man O War Bridge, Bloomington Drive, Dixie Drive, and Tonaquint Drive. He advised the increased traffic would be a tremendous safety problem for children and large animals, particularly at Bloomington Drive and Man O War Bridge and Sugar Leo. Lee Fife expressed concern that the financial resources of Walmart be utilized to help with traffic improvements which will need to be done as the area develops. Walmart has great borrowing power and over time the City could reimburse them for costs. He advised the proposed store will bring economic benefit to the area because of the freeway location and its exposure. Jim Lundberg advised the present interchange was built for a residential area many years ago and is now at capacity. He stated he did not think the proposed roundabouts would fit, and a large project is trying to be shoe-horned into a small area. He suggested the City work with Walmart to move them to the new south interchange, and Bloomington be maintained as a residential area. He expressed concern about expected traffic increase on Sugar Leo and urged rejection of the project. Royce Jones, a 15 year resident of Bloomington, advised the crux of the issue is private property rights, and the owner of the property has a right to develop it. He advised the area is master planned as commercial, and Walmart has made concessions in every area. He stated traffic at the interchange is a problem, with or without Walmart, and the City now has an opportunity to make positive changes with Walmart?s help. He expressed support for the roundabouts and stated it would be in the best interests of the City that they be completed concurrently with the opening of the store. He stated the American free enterprise system should be allowed to run its course. Sydney Davis advised the City needed the services provided by Walmart, and they have been very involved in working with youth groups and fundraising activities. She advised Walmart would be an asset to the community, but the traffic problems at the intersection of Pioneer and Brigham Roads needed to be addressed. She stated all have to share in the burden of growth. Liz Lewis, a resident of Bloomington, expressed concern about the representations made by the Bloomington Community Council, and advised they made no appreciable effort to gather any input from the Bloomington community at large. City Attorney Jonathan Wright advised the City Council would not make its decision based on numbers for or against the project. Ms. Lewis replied the Bloomington Community Council has influence on the City Council, yet it does not represent the majority of Bloomington St. George City Council Minutes February 17, 2000 Page Thirteen residents, and that is an issue. She advised there were significant issues still not settled, and inquired if verbal promises would be enforced. City Attorney Jonathan Wright advised the City would not be relying on any verbal promises, and everything agreed upon would be put in writing. Ms. Lewis inquired as to the dimensions of the store. Steve Kemp advised the back way through Bloomington is not the fastest way to reach the proposal Walmart, and the majority of traffic will travel the freeway to Walmart. Vi Blake advised Walmart now has a hard time filling its employment needs, and will bring in employees from other stores to fill its employment needs rather than hiring locals only. Linda Larson stated Walmart is a good neighbor and does many things to help the community. She advised she would like to keep tax dollars in St. George. Walmart has gone the extra mile to work with the City. City Attorney Jonathan Wright advised there is no contention whether Walmart is a philanthropic organization, and the focus of comments should be made on the zone change application only. Bill Whitlow, a resident of Bloomington, stated he felt the roundabout, as proposed, was too small to handle a truck and trailer 70' long. He stated more study needed to be done on the size of the roundabout. He urged the City Council to ask for a more comprehensive traffic study. Rick Nelson, a resident of Bloomington Hills, stated he was looking forward to the new Walmart. He stated this is not a perfect world, and the traffic studies were based on accumulated knowledge. As a business owner in Bloomington, he urged the City Council to decide in favor of Walmart. Brian McMullin advised he was in favor of Walmart because of the increased jobs it would bring, increased tax revenues, and positive impact on the Bloomington Courtyard Center. Ronnie Magleby advised he supported the Walmart project as it provides an opportunity for economical shopping for young families. He urged the City Council to support the project. Crit Killen expressed concern that two Walmarts were being located in close proximity and would jeopardize downtown businesses. He stated 50-60% of the traffic going to Walmart would use the back way rather than the freeway, and Bloomington should not be subjected to this amount of traffic 24 hours a day seven days a week. He expressed concern about resulting declining property values and negative impact on the Bloomington community. He advised that one superstore is sufficient to serve the area?s residents. He expressed disapproval of the proposed roundabouts and advised that most communities removed them because they did not work. He urged the City to deny Walmart?s request. Cindy Stevenson questioned whether Walmart was overdeveloping. She stated she had information that Walmart was building a store in Mesquite too, in addition to Cedar City and Washington. She questioned the need for two superstores in such close proximity. Nikki Stocks, a Bloomington resident, stated that although she liked Walmart, she feared increased traffic, speeding, and construction trucks. She suggested the superstore be built at the new interchange, and stated the area did not need two superstores. St. George City Council Minutes February 17, 2000 Page Fourteen Hooper North, a consulting engineer and land surveyor, expressed concerns about the proposed Walmart location in Bloomington, and to build the superstore on a culdesac would be wrong and would cause problems, such as those being experienced at the new Dixie Center. Dale Scott, a resident of Bloomington, stated he is concerned for the small children in the area, however, an easy solution would be to install speed bumps on Man O War and Sugar Leo which would solve the problem of speeding. He expressed support for Walmart and the property rights of the property owner. Sid Waldvogel stated he felt strongly the property owner (Mr. Magleby) has a right to sell his property for a commercial development as it is zoned commercial. Dick Dixon advised St. George is a Walmart-type community. Lance Pinnell, a Bloomington resident, advised that many older people will travel the back way to the new Walmart rather than use the freeway, and that tax dollars would be required to eventually improve Tonaquint Drive and Bloomington Drive because of this use. Wayne Lisner inquired why the traffic study was done for a five year time period only. Lloyd Paulson advised that many traffic circles built in the 20's in California do not exist today. He advised that any proposed roundabout should conform to ASSHTOE standards Crit Killen advised that increased traffic throughout the neighborhood of Bloomington will bring crime, especially at night. He advised that any taxes lost from loss of existing businesses will not be compensated by Walmart, as all money goes to their corporate headquarters. Mayor McArthur closed the public hearing. Joe Geivett, Walmart project engineer, advised traffic engineers have done traffic studies on over 3000 projects for Walmart and have a good feel for traffic at Walmarts. The traffic study has been coordinated with UDOT and the City, and the traffic numbers are very consistent with other projects of the same size. Councilmember Gardner inquired how numbers were arrived at for use of the back way into Bloomington. Mr. Geivett advised numbers in the traffic study have been refined, and the traffic study has been taken out five years. No one knows what development will take place after five years, but as far as trip generation and distribution, the figures have been adjusted. The traffic study report models people going to Walmart, not taking credit for people who already go to Walmart or drive their own neighborhood roads to the freeway to the present store. The traffic study is conservative. Grant Schultz, traffic engineer from Sear Brown and retained by Walmart, advised that areas outside of the immediate study area were looked at with City staff. Man O War is a major collector road within the City?s present system and is meant to move traffic and does not need to be controlled. Bloomington Hills was generally looked at, as was Sugar Leo Road, and as far as capacity, is not a problem. Residents may be concerned with speed, but capacity will not be a problem. St. George City Council Minutes February 17, 2000 Page Fifteen Mr. Geivett advised the building dimensions are 320' deep by 550' wide. He advised that traffic circles are being installed around the country, including Seattle. Confirmation has been received from the Army Corp of Engineers that the proposed project is not within their jurisdiction as far as any environmental impacts on the Virgin River. Noise has been mitigated through landscaping and walls and orientation of the project. Councilmember Orton inquired if City staff were satisfied that safety concerns had been addressed with regard to traffic. He expressed concern about the single entrance to a project of that magnitude, and requested information on another Super Walmart served by a single road. Mr. Geivett explained that three lanes under the freeway is adequate to handle the traffic, and the purpose of the roundabout is to put capacity on the other side to use up unused capacity under the freeway. Councilmember Isom explained her main concern was safety and she felt many questions were left unanswered. She stated she did not feel she was in a position to make a decision this evening, and was still concerned about trucks negotiating the roundabout. Councilmember Whatcott stated he would like to know if a Walmart is proposed for the Mesquite area. He stated this issue is very expensive, financially and economically, and is taken very seriously by the City. He expressed concern that two superstores were being built in a small, non-metropolitan community, and he did not think the sales tax revenue would be doubled, but disbursed between the two stores. Ms. Davis said there were many examples of two to three superstores in a small area. Councilmember Whatcott advised that the City Council must consider the zoning requirements of the City, and cannot take into account the wishes of the Bloomington residents, for or against. The issue can only be decided on the merits, and there could be a potential blight on the community if both stores cannot make it and one has to close. Ms. Davis explained the proposal is a huge investment for Walmart and something they do not do lightly. Walmart is an extremely conservative company with regard to finances, and the supercenter is very popular and has worked well in markets across the country. Walmart is a growth company and is not in the business of closing stores, and there is opportunity for Walmart in Utah. Councilmember Whatcott inquired what kind of assurance could be given that if one of the supercenters is not making its margin on a weekly basis, that it would not be shut down. Ms. Davis replied that she could not make any promises, but the proposed supercenter is not something Walmart enters into lightly. Walmart has experience operating supercenters in close proximity to each other, and is in the business of growing, not closing stores. Councilmember Whatcott stated he did not like traffic lights, and appreciated Walmart?s willingness to ?step up to the table? with the roundabout. However, neither traffic lights nor roundabouts are needed if Walmart does not locate there. Mayor McArthur inquired if Walmart ever fronted costs for improvements such as those being proposed. He asked how the City could know that if the zone change was granted, the store would be built, and the zone change not used for something else. St. George City Council Minutes February 18, 2000 Page Sixteen Chris Calloway explained that the PD zone is a specific zoning designation for a specific use, and anyone coming back in the future for anything else would have to obtain City Council approval. He explained Walmart has every intention of building the store. He stated he handles a five state region, and although there are not a great many supercenters at this time, multiple communities are doing more than one supercenter such as Billings, Montana; Napa, Idaho; Caldwell, Idaho; and Pueblo, Colorado. Councilmember Gardner stated he was a strong property rights advocate, and also for the ?little man.? He supports a free market economy. He commended Walmart on a professional presentation, but stated he was still uncomfortable with an unwillingness to meet the projected traffic count at this time and negotiate beyond that. If Walmart is anxious to do business in the community, the only way that can happen is with a true level playing field with other businesses in the community, and it is the City Council?s obligation to not cut such a sweet deal for Walmart that it undercuts other businesses which have been in the community for a long time. He stated he was concerned about how much the general fund would need to supplement the improvements, and further meetings are necessary to refine the numbers. Councilmember Allen stated she felt more discussion was needed concerning funding, and it was not right for the citizens to bear the cost of improvements to promote Walmart. She stated she was also concerned about safety issues and the proposed roundabouts and heavy truck traffic. She inquired about hours for truck delivery and a slip lane. She stated this decision would have an enormous impact on the City, and she was not comfortable making a decision until her concerns were addressed. Lowry Snow stated Walmart has completed its zoning application, submitted a traffic study which no one has countered, and is willing and able to pay 100% of the impact pursuant to the traffic study. Upsizing is not unusual, and if the City decides they want a longer range plan than traffic lights, Walmart is willing to help fund that. Walmart wants to be a good neighbor and has tried to accommodate every issue. Time, however, is a concern. City Attorney Jonathan Wright advised City Councilmembers should not have contact with anyone about this issue outside this forum until a decision is made. City Manager Gary Esplin advised staff has reviewed the engineering report on traffic, and can bring in another consultant, and a variety of opinions would likely be had. Walmart has offered to help fund the study with UDOT to look at the feasibility of roundabouts, and if they are determined to not be feasible, traffic lights will work. He advised that City staff feel the traffic consultant is competent. Councilmember Gardner stated he would like to know how extensive the traffic study and its recommendations were, and cost estimates. City Manager Gary Esplin stated that upsizing is done all over the City. Councilmember Orton stated it was important to understand that the City Council has not had the opportunity to discuss among themselves the issue. He requested a copy of the presentation by Friday a.m. for review. A work meeting was scheduled for February 29, 2000 at 5:00 p.m. to discuss the request. The issue will be scheduled for action at a regular City Council meeting on March 2, 2000. Lowry Snow advised Walmart would be prepared to discuss in detail the signal traffic study at the meeting on the 29th. St. George City Council Minutes February 17, 2000 Page Seventeen Mayor McArthur requested information on reimbursement agreements Walmart has participated in. Chris Calloway replied he did not have any specific details to give. City Manager Gary Esplin advised City Councilmembers that he would be available to answer any questions concerning Walmart throughout the week. City Attorney Jonathan Wright advised the City Council sits as a quasi-judicial body, and it is not appropriate nor fair for them to hear evidence from Walmart or citizens outside of the public forum. Contact with them would be a violation of procedural due process. In deliberating this issue, the City Council can examine issues related to the health, safety and welfare of its citizens, land use criteria as opposed to economic issues, existing land use patterns, and whether the type of request violates the existing general plan, how the project would adversely affect neighbors and neighboring areas, if the project creates excessive traffic congestion, drainage problems, or reduces light and air issues, and what effect the project would have on property values in the area. What impact the project would have on the infrastructure of the City, including roads and traffic, and whether it is appropriate to change the zone for the type of traffic it will promote can also be considered. Mr. Wright explained Walmart is required to provide off-site improvements directly related to the project. A motion was made by Councilmember Orton to continue this item to the work meeting scheduled for February 29, 2000 at 5:00 p.m. The motion was seconded by Councilmember Allen, and all voted aye. City Attorney Jonathan Wright stated Walmart needed to designate a representative for Gary Esplin to contact. Joe Geivett was designated as Walmart?s representative, with Lowry Snow as alternate. APPROVAL OF MINUTES: Consider approval of the minutes of the special City Council meeting held January 27, 2000. A motion was made by Councilmember Isom to approve the minutes as presented. The motion was seconded by Councilmember Gardner, and all voted aye. Consider approval of the minutes of the regular City Council meeting held February 3, 2000. A motion was made by Councilmember Isom to approve the minutes as presented. The motion was seconded by Councilmember Gardner, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss litigation and personnel items was made by Councilmember Isom. The motion was seconded by Councilmember Orton, and all voted aye. RECONVENE: A motion to reconvene was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton, and all voted aye. DISCUSSION RE SOUTHERN CORRIDOR INTERCHANGE: Mayor McArthur advised he was contacted by Darcy Stewart who would like to form a committee to investigate putting in the new interchange sooner than St. George City Council Minutes February 17, 2000 Page Eighteen planned. $8,000,000 is available now, but the remainder needed ($7,000,000) will not be available until 2004. DISCUSSION RE ROUNDABOUT AT BLOOMINGTON INTERCHANGE: City Manager Gary Esplin advised the State has agreed to give the City money to possibly pay toward the cost of the roundabout at the Bloomington Interchange. The State?s opinion is that the roundabout will work. The City has all the right-of-way it needs, and it can be widened as much as needed on the west side. The meeting adjourned at 10:35 p.m. __________________________________ Gay Cragun, City Recorder