City Council Minutes

Thursday, March 2,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING MARCH 2, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Rod Orton Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Bob Whatcott 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 Councilmember Isom, and the invocation was offered by Mayor McArthur. Public Information Officer Marc Mortensen introduced Mitch Hobson and Ben Neeleman, two Dixe High School students who have completed several Legacy 2000 projects. Mayor McArthur invited several Scouts to introduce themselves. BID OPENING: Consider award of bid for the crack sealing project at the municipal airport. Purchasing Agent Sue Swensen presented five bids received: Gordon Paving $58,288.11; Superior Asphalt $29,506; Holbrook Asphalt $27,590; Morgan Pavement $29,880; and Bonneville Asphalt $18,810. She advised the low bidder, Bonneville Asphalt withdrew their bid due to an error in calculations. Staff recommends award to the next low bidder, Holbrook Asphalt, in the amount of $27,590. A motion was made by Councilmember Allen to award the bid to Holbrook Asphalt in the amount of $27,590. The motion was seconded by Councilmember Gardner, and all voted aye. BID OPENING: Consider award of a blanket purchase order for commercial and residential meters. Purchasing Agent Sue Swensen advised the original bid for these meters was awarded in January 1999. At that time it was set up on a blanket purchase order for a one year period with an option to renew. Staff is recommending the blanket purchase order be extended for another year to Royal Utility in an amount not to exceed $40,000 for commercial meters and $30,000 for residential meters. A motion was made by Councilmember Gardner to extend the blanket purchase order previously awarded to Royal Utility for another year in an amount not to exceed $40,000 for commercial meters and $30,000 for residential meters. The motion was seconded by Councilmember Isom, and all voted aye. ANNOUNCEMENT: Mayor McArthur announced the public is invited to attended a meeting with Washington County Mayors and local legislators on March 7, 2000 at 5:30 p.m. at the County Commission Chambers to discuss the latest legislative session and any other concerns. St. George City Council Minutes March 2, 2000 Page Two ORDINANCE/WALMART ZONE CHANGE: Consider approval of an ordinance changing the zone from R-1-10 and an amendment of an existing PD Commercial zone, to a new PD Commercial zone for property located on the northwest corner of Pioneer Road and Young Street. City Manager Gary Esplin explained the public hearing for this zone change request was previously held and closed. At that meeting there were questions if the roundabout could be designed to accommodate large special-permit trucks. This question cannot be answered at this time because the design has not been finalized, but the preliminary indication is if the zone change is approved, the applicant would have to do a study to see if the large trucks could be accommodated. Councilmember Gardner advised UDOT said they would not accept traffic lights at that intersection, therefore a long term solution needs to be decided upon. Lowry Snow, representing Pacific Land Design/Walmart, advised the applicant has made many concessions to accommodate the needs of the Bloomington area, and this concern was the genesis of the roundabout. Walmart thinks the roundabout is the best idea too, but they also had a study prepared at the request of the City that sets the parameters of mitigation. He inquired how Walmart was to move forward in a partnership concept and invest additional funds in studies unless they knew what they had from the City. Walmart is willing to say that if the roundabout is the solution, they are willing to accept that, but if it cannot be accomplished and an adequate agreement arrived at between the City, Walmart and UDOT as to funding of the roundabout, then there would be no zone change. Walmart is willing to work on that basis as it gives them assurance and an incentive to negotiate an agreement. If there cannot be agreement, there is no zone change. They have a pending obligation on the property as well. Mr. Snow inquired as to how much more does Walmart need to invest before they know they have something to continue to invest money in. City Attorney Jonathan Wright explained the City Council could approve a conditional zone change that would vest and take effect only at the end of the conditions being met, such as the roundabout being feasible and designed to standards set by the City and UDOT and acceptable for large truck traffic, and funding being agreed upon. At that point in time when agreement has been reached, the zone change would then attach. Mr. Snow advised that at that point, there would not be any other discussion about the appropriateness of the zone change, and the applicant would then be entitled to the zone change. Mr. Wright advised the City would still have final determination on funding and construction of the roundabout. Councilmember Orton inquired if the conditions recommended by the Planning Commission would also be a condition of the approval, and he was advised by Mr. Snow that they would be. City Attorney Jonathan Wright advised the only issues left to be resolved are if the roundabout can meet the required standards, and funding agreed to by the City Council, UDOT and Walmart. The zone change would vest at that time, and not before. Councilmember Gardner advised more discussion was needed on the funding source for the roundabout. St. George City Council Minutes March 2, 2000 Page Three Mr. Esplin advised the agreement would spell out the conditions for construction and funding of the roundabout, with each party participating at an appropriate financial level. If there can be no agreement, the zone change is canceled. Mr. Snow stated at that point, either side could say the burden is too much and walk away from the project. The property would remain zoned as it is, and the intersection would remain as it is. He advised, however, that Walmart is confident the roundabout will work and can be built to acceptable standards. Councilmember Gardner inquired if Walmart would be acquiring needed rights-of-way, and Mr. Snow responded that yes, they would have to. Mr. Snow advised that putting off a decision about the zone change and requiring more studies would put Walmart in a difficult position. Walmart has already made a major contribution to the site without owing it, and would like to work with the City but needs some assurance. Mayor McArthur inquired if Walmart would be buying or leasing the property. Mr. Snow advised Walmart is purchasing the property, and it is under contract now. Councilmember Gardner commented the roundabout had to be designed to be able to accommodate low-boy trucks used to haul heavy equipment, even though that type of truck traffic was not typical. Mr. Snow replied that if necessary, it would be made part of the agreement. Councilmember Whatcott stated that low-boy trucks have special permits from the State, and if these trucks cannot negotiate the roundabout, the State will pull the permit to use that intersection, and the trucks would then have to drive through town. He stated that while he appreciated Walmart?s willingness to make concessions, this issue and others must be part of the negotiating process. Lowry Snow advised it is impossible and unreasonable to meet design criteria for everything that travels the freeway, and reason must be used in the process. This was the reason Walmart provided the video demonstration of a truck negotiating the roundabout, to try and bring assurance. If both sides can be reasonable, an agreement can be reached; if not, there will be no agreement. Raymond Kuehne advised that when UDOT indicated traffic signals would not work at the intersection, the burden then fell upon Walmart to pay for something that would work. He advised the issue of ?fit? has been avoided and ignored. There is an ordinance requiring determination if a project ?fits?, and all the discussion concerning this project proves that it does not fit. The margin of safety is being pushed to the extreme. He advised the ?fitness? issue deserved to be addressed for the benefit of the residents of the area. When the technical issues have been resolved, the result will still be something that does not fit in the proposed location. Many other issues impact the proposed location such as whether it is safe to have all the projected traffic on a dead-end road and the volume of traffic. He stated the video demonstration by Walmart was ridiculous and proved nothing more than confirming national standards and nothing about the ability of traffic to enter the roundabout in the presence of trucks. Councilmember Gardner advised the City Council has used the criteria given it by traffic engineers who say the roundabout will work and have great St. George City Council Minutes March 2, 2000 Page Four confidence that the roundabout will be able to serve the projected number of vehicles. Mr. Kuehne advised that a calculation of the volume of traffic and length of trucks negotiating the roundabout at peak hours has not been done. Calculations have not been done on how many seconds it takes for a truck a certain length to negotiation the roundabout. Councilmember Whatcott inquired if this would be addressed in the feasibility study. Mr. Kuehne replied that it might, but out of public view, and the entire process has been negotiated between staff and Walmart. Councilmember Whatcott advised Mr. Kuehne he was wrong and all discussions have been very open. City Manager Gary Esplin advised any future agreement would be approved by the City Council in an open public meeting, and the agreement would be available for public review before that time. Mayor McArthur advised that this issue, more than any other, has been done in the open, and everyone has been given an opportunity to provide input. Mr. Kuehne advised opponents to the proposed zone change asked for an opportunity to make a presentation to the City Council but were denied. Walmart had one and a half hours to make their presentation. He advised that Walmart has requested it be treated like any other business, yet there have been applications for zone changes for the same land which would have had a smaller impact on traffic, yet they were denied. Councilmember Allen advised the present City Council did not deny those zone change requests. Mayor McArthur advised that the residents of Bloomington were opposed to all the zone change requests, and in this case many residents of Bloomington are in favor of it. Mr. Kuehne advised he was in favor of commercial development at the proposed location, but not at the level of impact proposed. Councilmember Isom advised in the previous public hearing she advised she would not be swayed by public emotion and stands by that. The City Council has not had conversations with the public about this issue, but have listened to concerns. Walmart made no attempt to contact her, and she takes offense at the suggestion the City Council has been making back-room decisions with Walmart. Neither City Council nor City staff have done anything improper. Councilmember Allen stated that there comes a point when the City Council must rely on its trained staff and other engineers who are considered experts in their field. Councilmember Gardner advised he has tried to be objective when considering whether the proposed project ?fits,? and it is his observation that people will not have to drive through or impact neighborhoods to reach Walmart, as it is an isolated commercial development, and it can be made to fit aesthetically. The property is bordered by the river and the freeway, and residents of the nearby subdivision should not be surprised at this commercial development as their deeds all contain restrictions to this effect. Therefore, there is a good ?fit? in this sense. He advised he was not opposed to the project if the roundabout design and funding questions can St. George City Council Minutes March 2, 2000 Page Five be mitigated. He made a motion to approve the zone change subject to an agreement being reached between the parties. City Manager Gary Esplin clarified the City would be proceeding along the lines proposed by Mr. Snow and approve the zone change with the understanding that the zone change would not take effect until studies were completed to the satisfaction of the City concerning traffic safety and design of the roundabout, and determination of cost. Councilmember Whatcott seconded the motion made by Councilmember Gardner. Councilmember Orton suggested the motion include all the conditions imposed by the Planning Commission as well. Councilmember Gardner advised the conditions imposed by the Planning Commission were also incorporated in his motion. City Attorney Jonathan Wright advised the City Council would then be approving the elevations, landscaping plan, fencing, aesthetics, and signage as previously presented as part of the motion. Councilmember Gardner asked that the feasibility of the roundabout be a part of the design criteria. Mayor McArthur called for a roll call vote and all voted aye. City Attorney Jonathan Wright advised he would draft the ordinance. PUBLIC HEARING/ORDINANCE AMENDMENT TO DIXIE DOWNS RETIREMENT COMMUNITY PD: Public hearing to consider amendment to the Dixie Downs Retirement Community PD Planned Development Residential Zone located at 1700 North Dixie Downs Road by swapping the location of the apartment area with the townhome area allowing the apartments to be occupied by all ages. Kelly Adams, applicant. Community Development Director Bob Nicholson advised in 1996 the City was approached by Lynn Robbins for a zone change from R-1-8 to PD Residential to accommodate the Robbins Retirement Center. The project consisted of 41 acres with 174 apartment-type units and a large assisted living center with 160 rooms. The project was approved but never built. The zoning expired, and in April 1999 Mr. Kelly Adams, the applicant, came before the City Council to have the zoning reinstated. In January 2000 a different plan for the property was presented to the Planning Commission, who recommended denial of the request because of a significant change. The applicant proposed to sell seven acres for development of a 104 unit family apartment complex and expand the commercial area along Snow Canyon Parkway. Since that denial, the applicant has revised his plan and put the assisted living center back in, reduced the size of the commercial area, but still proposes to sell seven acres for development of a 104 unit family apartment complex. Councilmember Allen declared a conflict of interest because her husband does the electrical wiring for the developer of the apartment complex. She advised she would not be participating in the discussion. Community Development Director Bob Nicholson advised there have been several expressions of opposition to the project as proposed. He read letters from Milo McCowan and Brooks Pace in opposition to the project. St. George City Council Minutes March 2, 2000 Page Six Mayor McArthur advised he was in receipt of a large petition from area residents opposing the project. He stated the request appeared to be an attempt to sidestep the Planning Commission, but the applicant would be allowed to make his presentation and have his request considered by the City Council. Kelly Adams, Dixie Downs LC, advised Lynn Robbins was never the owner of the property and is now bankrupt. When he appeared before the Planning Commission with his request, he had no intention of trying to change the PD, just switch the apartment complex areas. The Planning Commission raised concerns about the commercial area and change in assisted living center, which came as a surprise to him. After the Planning Commission meeting he met with Bob Nicholson and Jim McGuire who clarified the Planning Commission?s concerns, and the plan was revised. The intent of the original PD is still being met, even though the assisted living center is being reduced from 80 beds to 40 beds. Construction of the townhome portion is proceeding, and the market is saturated with senior housing apartments. He advised he was anxious to move forward with the project in order to clean up the property and build a marketable, clean, nice project. The elevation of the apartments will not detract from the area, and the reason the revised plan was not reviewed by the Planning Commission was due to time constraints, not an effort to circumvent them. Mayor McArthur advised a PD is very defined, and this PD was approved for senior housing, not family apartments. He opened the public hearing. Tara Ferrin advised residents of the area have been told many different things about the proposed project, and it was her understanding it was to be an assisted living center, townhomes and garden homes for seniors, and would include some commercial, including a pharmacy. She advised there are already six apartment complexes in the area, crime and traffic are high, and residents of the area are trying to improve their properties, not have them go downhill. Kim Ence, President of Ence Homes, advised he was opposed to the project as it was originally approved for senior housing and a retirement center. John Stewart advised he has a small family and is concerned that many more young families will have an impact on the schools in the area and increase in crime. Don Pendleton advised the area already has the highest number of police responses in the City, and he objected to the apartment complex. Craig Sullivan of S&S Homes advised he objected to the project because of the apartment switch. He stated the project should have to go back through the process because of the significant change. Kathleen Boone advised there is a lot of turnover in apartments, and traffic is presently heavy at all hours of the day and night. She advised that sick seniors cannot cope with all the resulting noise and traffic an apartment complex would bring. Carma Zeeman, a teacher at Snow Canyon High School, expressed concern about the quality of the area schools if more students moved into the area. David Bause, representing the developer of the apartments, explained they are proposing a 104 unit two and one-half story complex with a clubhouse and pool and other amenities to make it an upscale development. He advised that any resultant crime would be a management issue. Rental rates will be $300-$600 for a two bedroom unit and $330-$700 for a three bedroom unit. Applicants will have to pass record checks and have good St. George City Council Minutes March 2, 2000 Page Seven credit. He advised the complex would be different from other complexes and an asset to St. George. He requested time to meet with area residents to alleviate their concerns. Councilmember Gardner inquired of Mr. Bause what, according to his statements, makes his project different from a normal apartment project. Mr. Bause advised his apartment would be an upscale development, subsidized to some degree, but market rates will also be charged. Councilmember Gardner inquired if the apartments would qualify as an affordable housing project. Councilmember Isom replied this type of housing has nothing to do with the St. George Housing Authority, and the subsidy is simply a mortgage incentive to develop property to a certain standard. Greg Amidan advised the issue is a land use issue, and the original proposal was for a senior development which would build up the area. Crime and crowded conditions are now an issue, the area has a high instance of police responses, and traffic problems will increase. Marty Friedel inquired if the change would increase the density of the PD. Community Development Director Bob Nicholson advised it would not. Mr. Fridel replied the density would be increased if families moved in, rather than seniors. He suggested the issue be tabled until a traffic survey was performed. Mayor McArthur advised the number of units would not be increased, but the population and number of cars would be increased. Tara Ferrin commented that crime was not a management issue but a community problem. She requested the request be denied. Kelly Adams advised there is a need for more apartment complexes, and the seven acre apartment complex should not affect the rest of his project. He stated he felt the objections to the project expressed by other developers was due to competition in the market, and not because they did not like the project. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Gardner suggested the City Council make a site visit to the property. Councilmember Orton complimented developers of project in the area, and stated he was not sure the proposed project was consistent with those going in around it. He made a motion to deny the request and suggested the applicant resubmit it to the Planning Commission with changes, if desired. The motion was seconded by Councilmember Isom, who commented she felt the revised request should have been reviewed by the Planning Commission because of the significant change. Mayor McArthur advised if the City Council denied the request, it could not be considered again for one year unless there were a significant change. City Manager Gary Esplin advised the applicant could still proceed with the project as previously approved. St. George City Council Minutes March 2, 2000 Page Eight Mr. Adams advised he did not know the PD designation dictated retirement dwellings. City Manager Gary Esplin advised the PD approval was very specific for housing for seniors in a retirement project. Mayor McArthur advised that in addition, the commercial portion of the approved PD was only to serve the senior development. Mr. Adams advised no opposition was received from neighbors when the project was previously approved. City Manager Gary Esplin explained that was because the request was for a retirement complex. Mr. Adams expressed concern the issue was being denied and not tabled. Mayor McArthur called for a roll call vote. The vote was as follows: Councilmember Whatcott - aye; Councilmember Orton - aye; Councilmember Isom - aye; Councilmember Gardner - no. The motion carried, with Councilmember Allen abstaining. Mayor McArthur invited several Scouts to introduce themselves. PUBLIC HEARING/AMENDMENT TO ZONING ORDINANCE: Public hearing to consider amendment to Section 3-9B of the Zoning Ordinance to allow a 20' street sideyard setback when there is a 6' high wall along the street side property line. Linda Kirkpatrick, applicant. Community Development Director Bob Nicholson advised the City?s present ordinance dictates that double frontage lots shall have a 20' setback when there is 6' high wall along the rear property line, but requires a 25' setback along side yard property lines. The applicant would like a 20' setback for both. The Planning Commission recommended approval. He advised the ordinance tries to discourage double frontage lots because of the privacy walls. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve the ordinance amendment as requested. The motion was seconded by Councilmember Isom. A roll call vote was taken, and all voted aye. RESOLUTION: Consider approval of a resolution creating Special Improvement District 99-3 in the Little Valley area. Mayor McArthur advised a public hearing had previously been held. Councilmember Whatcott asked Brent Gardner to inform the City Council of any new information since the last meeting on this issue. Brent Gardner advised that at the last meeting he represented that a larger portion of funding would be contributed by the Larkins and Greenwoods. Also, those who have homes with septic systems would have the opportunity to delay payments with no interest for five years from the time the SID closed. Other than those two modifications, there were no other amendments to the original SID. St. George City Council Minutes March 2, 2000 Page Nine Ray Cox requested assurance that he would not be assessed for any other road in the future. If this assurance was given, he would withdraw his objection to the district. Mayor McArthur advised Mr. Cox he would have to pay if he developed his property, but if he did not develop, he would not have to pay. Mr. Cox advised that former Mayor Karl Brooks told him he would never be assessed for roads as long as the property was left in farmland. City Manager Gary Esplin advised that everyone has to pay for one access to their property, and Mr. Cox is paying for that access on 2450 South. However, if he quit farming and developed his land, he would be required to pay for any other roads used to serve his property. If the land remained in its current use, there would not be another assessment for road or sewer. However, there may be an assessment for water at a future date. Mr. Cox advised he already had water to his property. Mayor McArthur advised that development requirements are different from assessments, and roadway improvements are required for half of a street when development occurs, as well as curb, gutter, and sidewalk. Mr. Cox advised he would withdraw his objection to the SID based on the City?s assurances. Will Powell advised he researched his assessment and received an estimate from another engineering company. This estimate was at least $1,500 less that the City?s proposed assessment. He stated the City is comparing ?apples and oranges? when it assesses homes which presently exist in the same manner as developable raw ground. He stated he did not understand why he should pay for something he did not want and would not use. He stated he opposed the assessment because it was too much and unfair. Stan Esplin, representing Esplin properties, advised he would not oppose the district if he felt he was getting value for his money. However, the assessment is too high and the improvements are not wanted or needed. His property is used for agricultural purposes, and imposition of the assessment would make it impractical for him to continue his agricultural use. He proposed the Esplin properties be removed from the district. He advised his assessment is $100,000 for road improvements and does not include sewer. If the City forces the assessment, he will be forced to develop his land. Councilmember Gardner commented it has never been the City?s desire to force development of agricultural property. Mr. Esplin advised if the City would wait and include him in a SID coming the other way, the sewer would have gravity flow to this property. He also has a dedicated right-of-way off 3000 East and 2000 South which he always uses. Councilmember Whatcott inquired of Brent Gardner if he had done any research to remove the Esplin properties from the SID. City Manager Gary Esplin advised if the Esplin property is removed from the SID, the City would have to pick up the balance or begin the entire process again. The cost of the SID is there, whether the Esplin property is included or not. Mr. Esplin advised he has almost 29 acres with an assessment of approximately $3,500 an acre. St. George City Council Minutes March 2, 2000 Page Ten Councilmember Orton asked if Mr. Esplin would be assessed again. City Manager Gary Esplin replied not for this district. The Esplins would only be assessed for the benefit received - if there is no benefit, there is no assessment. Councilmember Whatcott inquired of Brent Gardner is Mr. Esplin was being assessed for the pump station, and Mr. Gardner replied he was not being charged. Mr. Esplin commented that he might choose to be assessed for the pump station if he develops his property. Councilmember Orton commented that if the tables were turned and Mr. Esplin?s property were excluded from this SID and he later came to the City for a permit to develop, the City would have to deny his request. He stated that while he understood $100,000 was very difficult to come up with, every area of the City has developed through an SID, and there is no way to make the assessments perfectly fair for everyone. Mr. Esplin advised he would prefer to wait and be included in an SID when it came the other way. Julie Powell advised an 8" line could serve more than six homes, and inquired why the Riggs home and veterinarian?s office was not helping pay for it. She advised the proposed assessment is over half her family?s income. She stated it was not fair to force farmers to develop their property, and the improvements were being made solely to benefit the developers and Brent Gardner, and they are not concerned about the residents and have not considered options suggested by the homeowners. She advised her septic tank will last 20-50 years if taken of properly. Councilmember Gardner advised the Riggs family will be paying $26,000 in assessments for the sewer. Brent Gardner advised the estimate the Powells received for improvements was correct, and that individuals can make improvements cheaper than in a SID because the SID must carry interest for two years while the project is being constructed, there are fees for bond attorneys, and a 10% contingency. As far as basing the assessment on a per acre basis, there are a lot of theories on which to base an assessment, and every situation is different. He advised he felt the per acre basis was the most reasonable to use. He stated that the developers who signed the petition to create the SID were willing to bring their properties to concurrency, however, the City determined it would be more cost effective to install sewer before the streets were improved. In the long run, it will cost the property owners less, and by delaying the first payments for 7-8 years, this will help them get their economic situation in order and ready to being paying on the SID. He advised that with regard to the 8" line, any time more than one home is served, an 8" line is required. If an appropriate and more economical way can be found, and easements provided, then it will be done that way. That particular area being served by the 8" line is a separate little SID and will not serve the Riggs property. The Riggs can serve all their property from the main outfall line, and will have much more construction to do even after this SID is complete. He advised citizens of the Little Valley area to meet with Planning and Zoning personnel to discuss open space, equestrian trails, and park concerns. City Manager Gary Esplin advised the City just paid $400,000 for property for a park on the other side of the hill from the Powells, in addition to Seegmiller Park, plus the possibility of a park on the north side of 2450 South. St. George City Council Minutes March 2, 2000 Page Eleven Brent Gardner advised the agricultural ground being assessed is not irrigated ground used for farming. He stated that $3,500 an acre is a fair assessment because of the increase in property value. If the Esplins are exempted from the assessment, the City would have to pick up the additional amount, or the entire SID would be delayed. Councilmember Gardner commented he had compassion for those who were landlocked yet assessed the full value of the assessment. He stated it did not seem equitable to compare a one acre parcel with a home to undeveloped property. Brent Gardner advised that these homeowners will not have any other additional development costs, while the developers of property still have to subdivide and install many other improvements. If each individual property owner were treated differently, the SID would comprise pages and volumes. Councilmember Orton commented in his opinion the offer to delay payments for five years may offset some of the hardships and make it more fair. Councilmember Gardner commented that while the offer to delay payments may accommodate some people, he still did not feel good about the assessments. Brent Gardner replied that overall it was fair for most individuals, but if concurrency had been required when the homes were built, expenses would have been much higher than the assessment. Councilmember Orton stated the City Council has been sensitive to the concerns of the property owners, and he would hate to see the entire SID scrapped if the Esplin property were removed from it. Will Powell stated it was obvious four homes per acre would impact the system much more than one home per acre. A trailer park would also impact the system more, yet it is being assessed the same. Brent Gardner replied the trailer court assessment is $9,700 per acre, while the assessment for a one acre parcel is $4,500. The worst case scenario had to be used when calculating costs. Julie Powell stated the developers do not want to pay for their own investment, and the improvements should be installed at their sole expense with hook-ups being paid for when and as needed. Councilmember Whatcott advised in his opinion the rest of the City is picking up a portion of the tab for improvements in the Little Valley area. Every one else in the City has paid their share for infrastructure costs, whether through an SID or when they bought their improved lots. It is time for improvements in the Little Valley area, and the residents of Little Valley paid less for their lots than others did when they bought improved lots in other portions of the City. While he can understand that many residents of Little Valley do not want to see changes made, and sympathizes with the Esplins and Coxes and owners of farmland, the overriding issue is the fact that this City Council has to move forward. He made a motion to approve creation of the SID by resolution. The motion was seconded by Councilmember Orton. A roll call vote was taken as follows: Councilmember Whatcott - aye; Councilmember Orton - aye; Councilmember Isom - aye; Councilmember Allen - aye; Councilmember Gardner - no. The motion carried. SET PUBLIC HEARINGS: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held February 22, 2000, recommended a public hearing be held St. George City Council Minutes March 2, 2000 Page Twelve April 6, 2000 at 5:00 p.m. to consider an amendment to the Zoning Ordinance by adding Chapter 23-B, Replacement Airport Overlay Zone, for the proposed new airport to be located east of Little Valley at the old CAA runway. He advised the Planning Commission recommended approval on a 6-1 vote. Mr. McGuire advised the Planning Commission also recommended an amendment to the McArthur?s Landing PD Commercial Zone to finalize the layout of the development on the east side of the Post Office be advertised for April 6, 2000 at 5:00 p.m. Rich Lewis is the applicant. Mr. McGuire advised the Planning Commission also recommended a zone change from R-1-10 and R-1-8 to R-1-6 on 20.519 acres located on the east side of 2450 East and between 50 South and Riverside Drive be advertised for April 6, 2000 at 5:00 p.m. Jeff Chapman is the applicant. A motion was made by Councilmember Isom to set all three public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. PRELIMINARY PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held February 22, 2000, recommended approval of the preliminary plat for Sun River St. George Phase 2B. A motion was made by Councilmember Allen to approve the preliminary plat. The motion was seconded by Councilmember Gardner, and all voted aye. REPLACE PORTION OF NON-CONFORMING BUILDING: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held February 22, 2000, recommended approval of a replacement of an addition onto a house that is non-conforming as to side yard setback at 457 South 400 East. Jeremy Black is the applicant. The home has a side yard setback of six feet where a minimum of eight feet is required on that particular side. An old addition at the rear of the home was removed and a larger new addition is proposed to replace it, with the new addition maintaining the same six foot sideyard setback as the home. The previous addition was single story, and the new addition is proposed to be two stories. Mr. McGuire advised that while he did not send notices to neighbors, no opposition had been expressed. Councilmember Orton expressed concern that staff needed to make a site visit and see if the additional story would make a difference. Jeremy Black advised the home to his south is a rental, and other neighbors are anxious for him to upgrade his home. The footprint of the home would not be increased. A motion to approve the addition to the non-conforming use was made by Councilmember Isom. 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 a doctors? free clinic to be located at the Dixie Care and Share facility at 131 North 300 West. Reid Pope, representing Dixie Care and Share, applicant. Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of February 22, 2000 recommended approval of a conditional use permit for a medical and dental clinic (Doctor?s Free Clinic of St. George) to St. George City Council Minutes March 2, 2000 Page Thirteen be located at the Dixie Care and Share facility at 131 North 300 West. Dixie Care and Share is the applicant. Clinic services are presently being offered, but a new building is being proposed for the site. The property is zoned C-3 and medical offices are permitted in that zone, but since this is an expansion of the Dixie Care and Share facility which required a conditional use permit, this request requires a conditional use permit as well. The clinic is proposed to be located behind the house on the north side of the property and within two feet of the rear property line. The Planning Commission approved the reduced setback as part of the overall proposal. The 1400 sq. ft. building requires six parking spaces, but only four new spaces are being proposed in order to save a tree and because there is plenty of existing parking for the facility. Carol Sapp, SUHBA Executive Officer, advised this project was chosen as a Legacy 2000 Project and Homebuilders Care Project. She also lives in the neighborhood. A neighborhood meeting was held, and no opposition to the project has been received. She encouraged the City Council to approve the project as it serves a need in the community. A motion was made by Councilmember Orton to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Isom, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a new performing arts building at Dixie High School which will be located in the parking lot between the school and the City swimming pool. Washington County School District, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of February 22, 2000, recommended approval of a conditional use permit for a new performing arts building for Dixie High School to be located in the parking lot between the school and the City pool. Washington County School District is the applicant. Most of the parking spaces will be taken up by the building, but there are plenty of parking spaces on the south side of the campus. A senior high school is required to have one parking space for each faculty member and one for every six regularly enrolled students. 253 parking spaces are required, and 582 will be provided. City Manager Gary Esplin inquired if the main entrance to the school would be changed. Phil Williams advised it would be changed, but not in the first phase. Mr. Esplin expressed concern if the parking lot were eliminated, surrounding streets will be crowded with student parking. Mr. Williams presented a site plan of phased improvements to Dixie High School. He advised the first phase will commence immediately, with the second phase scheduled some time after the first phase but within 15 years. The second phase will be triggered by growth. Councilmember Gardner expressed concern about removal of parking from the front and side of the high school for those attending athletic events. Mr. Williams replied it would take training to use the parking area south of the school, and the School District is partnering with others to put in new parking on the other side of the pool. A motion was made by Councilmember Whatcott to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Gardner, and all voted aye. St. George City Council Minutes March 2, 2000 Page Fourteen FINAL ROAD DEDICATION PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of February 22, 2000, recommended approval of the final road dedication plat for portions of Tonaquint Drive, Mesa Palms Drive, and 2070 South Street. Shepherd of the Hills United Methodist Church is the applicant. A motion was made by Councilmember Isom to approve the final road dedication plat and authorize the Mayor to sign it. 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 held February 22, 2000, recommended approval of the final plat for Paradise Canyon Phase I. Milo McCowan is the applicant. The final plat conforms to the preliminary plat. Councilmember Orton asked for clarification of equestrian trails in the area. Kent Garrett advised all issues have been resolved, and in fact the City is receiving more properly than anticipated. An equestrian trail will be accommodated. 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 Isom, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held February 22, 2000, recommended approval of the final plat for Sagecreek Subdivision Phase 5. Norm Bangerter is the applicant. The final plat conforms to the preliminary plat. 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 Gardner, and all voted aye. 72 HOUR LIQUOR PERMIT: Consider a request for approval of a 72 hour liquor permit for an event at the Dixie Center. City Manager Gary Esplin explained this request is similar to those in the past and is needed for a convention. A motion was made by Councilmember Orton to approve the 72 hour liquor permit. The motion was seconded by Councilmember Whatcott, and all voted aye. REQUEST FROM UNITED WAY: Consider a request from the United Way campaign for permission to conduct a fundraising campaign among the St. George City employees. Tony Allen, representing United Way, introduced Chairman-Elect Gil Gillespie. Mr. Allen requested permission to conduct a fundraising campaign among City employees and give them an opportunity to participate in United Way projects and donate funds. Councilmember Orton advised he had no problem in supporting United Way, but he was afraid the City would be inundated with similar requests from other worthwhile organizations, and the City would not be able to deny them. St. George City Council Minutes March 2, 2000 Page Fifteen Mr. Allen advised that United Way is the clearinghouse for many charities. He advised United Way is requesting permission to conduct a campaign among City employees with contributions made through a payroll deduction. Meetings would be scheduled by department. Councilmember Gardner commented that while he appreciated what United Way does, he did not want City employees to feel pressured to participate. Councilmember Isom commented she would like to know the cost for manpower, etc. to make the payroll deductions. City Manager Gary Esplin advised it would not take much additional manpower or time to make the deduction, and would be done by computer. A motion was made by Councilmember Gardner to approve United Way?s request. The motion was seconded by Councilmember Allen, and all voted aye. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement for SID 99-4, Black Ridge Drive, with Bulloch Brothers Engineering, Inc. City Manager Gary Esplin advised the agreement would be for approximately $143,000, and the timing would be immediate. A motion was made by Councilmember Orton to approve the professional services agreement as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. APPEAL DECISION OF SIGN REVIEW BOARD: Consider a request from SunRoc Corp. to appeal a decision made by the City?s Sign Review Committee at their February 9, 2000 meeting. Associate Planner Jim McGuire advised that SunRoc was given a variance by the Sign Review Board for a larger sign on the Boulevard in exchange for lowering the old sign at the rear of the SunRoc building. However, the owner of the building said SunRoc would violate its lease if it lowered the existing sign on the building. The Sign Review Board felt that because they granted a larger sign on the Boulevard, they should adhere to their original decision, however they would not be opposed in the future to raising the sign back up to 50' if the sign on the Boulevard were removed. The applicant is appealing this decision and hopes to be able to raise the sign back up to 50' to satisfy their landlord and maintain the sign on the Boulevard. The Sign Review Board also gave the applicant the option of decreasing the sign on the Boulevard. The applicant, however, did not want to do this. Councilmember Allen inquired as to the finding made by the Sign Review Board for lowering the sign on the building. Mr. McGuire replied they made this finding as part of their review process and felt a trade-off was necessary in order to locate the larger sign on the Blvd. The Sign Review Board feels the Boulevard is cluttered with signs and is trying to make it look better and reduce clutter. Councilmember Isom stated she did not understand why raising the sign back to its original position would be a problem as it sits clear back in on the building. Councilmember Orton commented he would hate to do anything without hearing from the Sign Review Board. St. George City Council Minutes March 2, 2000 Page Sixteen Minutes of the Sign Review Board?s denial were then reviewed. City Attorney Jonathan Wright advised he surmised the applicant requested a sign on the Boulevard but could not put it in without a variance, and the only basis the Sign Review Board could find to vary the ordinance was to reduce the height of the old sign on the building. Rhys Weaver, President of SunRoc, advised he did not know when he purchased the company that it did not include the sign on the building. He advised he did not know there would be a problem with lowering the sign, but now needs to make his landlord whole. Mayor McArthur inquired if an agreement allowing the sign to be raised back up when SunRoc moves would be acceptable. Mr. Weaver advised this would be agreeable, but not preferable. If he is allowed to raise the sign back up now, his landlord will be made whole immediately without the question of what will happen in years to come. A motion was made by Councilmember Isom to allow the sign on the building to be raised to its original height. The motion was seconded by Councilmember Allen. Councilmember Whatcott commented he preferred the Mayor?s proposal, that the signs remain as they are, and when SunRoc moves from the building, the sign on the building then be returned to its original height. Mayor McArthur called for a vote on the previous motion. The vote was as follows: Councilmember Whatcott - no; Councilmember Orton - aye; Councilmember Isom - aye; Councilmember Allen - aye; Councilmember Gardner - aye. The motion carried. CAROLLO ENGINEERING TASK ORDER: Consider approval of a Carollo Engineering task order to install a sodium hypochlorite system at the Quail Creek Water Treatment Plant. City Manager Gary Esplin advised a sodium hypochlorite system is better than the chlorine system presently used at the Quail Creek Water Treatment Plant, and staff is recommending approval of a task order with Carollo Engineering to proceed with installation of this new system in the amount of $27,888. A motion was made by Councilmember Gardner to approve a task order in the amount of $27,888 with Carollo Engineering for installation of a sodium hypochlorite system at the Quail Creek Water Treatment Plant. The motion was seconded by Councilmember Isom, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held February 10, 2000. A motion was made by Councilmember Allen to approve the minutes as amended. The motion was seconded by Councilmember Whatcott, and all voted aye. ADJOURN: A motion to adjourn was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton, and all voted aye. St. George City Council Minutes March 2, 2000 Page Seventeen The meeting adjourned at 8:30 p.m. ____________________________ Gay Cragun, City Recorder