City Council Minutes

Thursday, April 6,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING APRIL 6, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Rod Orton Councilmember Larry Gardner Councilmember Bob Whatcott City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun OPENING: Mayor Pro Tem Isom called the meeting to order, welcomed all in attendance, and advised Mayor McArthur would be arriving late. The invocation was offered by City Attorney Jonathan Wright, and the flag salute was led by Councilmember Allen. Mayor Pro Tem Isom presented Nicholas McDaniel with a commendation recognizing him as an outstanding youth in the community because of his community service in conjunction with the Legacy 2000 program. SISTER CITY: Mayor Pro Tem Isom advised that Bacup, England would like for form a sister-city relationship with St. George City for the purpose of cultural exchange. Bacup?s history apparently parallels that of St. George because the cotton industry thrived there in Victorian England. AWARD OF BID: Consider award of a blanket purchase order for fertilizers and chemicals for the City. Purchasing Agent Sue Swensen presented three bids received from IFA, Star Nursery, and Helena Chemical. She advised the only complete bid was from Helena Chemical, who was also the low bidder on all items. She recommended award of the bid to Helena Chemical in an amount not to exceed $175,000 for the year. A motion was made by Councilmember Gardner to award the bid to Helena Chemical in an amount not to exceed $175,000 for the year. The motion was seconded by Councilmember Allen, and all voted aye. AWARD OF BID: Consider award of bid for construction of the Centennial Park project. Purchasing Agent Sue Swensen presented six bids received: Sunroc Corp. Inc. $199,725.45; Precision Excavating $228,492.67; Bud Mahas Construction $249,725; Merrick Young Inc. $250,105.19; Progressive Contracting Inc. $272,090.18; and Arnell-West Inc. $286,351.95. She recommended award to the low bidder, Sunroc Corp., in the amount of $199,725.45. A motion was made by Councilmember Orton to award the bid to Sunroc Corp. in the amount of $199,725.45. The motion was seconded by Councilmember Gardner, and all voted aye. Parks Superintendent Lynne Scott advised Centennial Park is located between Pine View Middle School and Panorama Elementary. Construction is scheduled to begin April 20, with completion in 90 days. St. George City Council Minutes April 6, 2000 Page Two AWARD OF BID: Consider award of bid for janitorial supplies for the City. Purchasing Agent Sue Swensen advised bid requests were sent to seven vendors, but only one responded - Unisource. She recommended award of the bid to Unisource in an amount not to exceed $75,000 for the year. A motion was made by Councilmember Gardner to award the bid to Unisource in an amount not to exceed $75,000 for the year. The motion was seconded by Councilmember Whatcott, and all voted aye. AWARD OF BID: Consider award of bid for purchase of wire and cable for the Power Department. Purchasing Agent Sue Swensen presented two bids received: Royal Utility $74,500; and Northern Power $64,540. She recommended the bid be awarded to Northern Power in the amount of $64,540. A motion was made by Councilmember Whatcott to award the bid to Northern Power in the amount of $64,540. The motion was seconded by Councilmember Orton, and all voted aye. AWARD OF BID: Consider award of bid for the purchase of No. 2 red diesel fuel for the power plant. Purchasing Agent Sue Swensen advised bid requests were sent to three local vendors, but only one responded - Tri Valley Distributing. She recommended award of the bid to Tri Valley Distributing in the amount of $265,800. A motion was made by Councilmember Allen to award the bid to Tri Valley Distributing in the amount of $265,800. The motion was seconded by Councilmember Gardner, and all voted aye. AWARD OF BID: Consider award of bid for the purchase of miscellaneous PVC and brass stock. Purchasing Agent Sue Swensen advised bid requests were sent to three vendors, but only one bid was received from Scholzen Products. She recommended award of the bid to Scholzen Products in an amount not to exceed $110,000 for the year. A motion was made by Councilmember Orton to award the bid to Scholzen Products in an amount not to exceed $110,000 for the year. The motion was seconded by Councilmember Allen, and all voted aye. SET PUBLIC HEARINGS: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held March 28, 2000, recommended that public hearings be scheduled for May 4, 2000 at 5:00 p.m. to consider a zone change from R-1-10 to PD Residential for Sedona Hills located on the south side of Snow Canyon Parkway at about 1200 West, and to consider a zone change from R-1-10 to M-1 on 40.28 acres located north of Millcreek Industrial Park east of 3050 East. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. St. George City Council Minutes April 6, 2000 Page Three CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a temporary rock crusher at the Stonecliff project located south of 1450 South and east of River Road. Gail Maxwell, agent for Kay Traveller, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of March 28, 2000, recommended approval of the conditional use permit subject to a time limit of 60 working days for operation of the crusher. The crusher would be located at least 1,700 feet from the nearest home, and only used for development of Phase V. If it is needed for another phase of development, the applicant will return for another conditional use permit. Several neighbors have expressed concern about the blasting in this area. Gail Maxwell advised he met with neighbors yesterday and resolved their concerns. He advised blasting is permitted up to 2 on the Richter Scale, but this blasting has never approached 1 on the Richter Scale. The blasts are averaging .28 on the Richter Scale. He advised that as blasting continues, it will get further and further away from the homes. Councilmember Allen inquired how much longer the blasting would take place, and Mr. Maxwell advised there are 400 more acres in Phase V, and blasting could continue for several months. However, homeowners will be notified each time blasting takes place, and they can choose to have a monitor placed on their homes. A motion was made by Councilmember Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. LOT SPLIT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held March 28, 2000, recommended approval of a lot split for property located at 32 East 300 North. Dan Flake is the applicant. A motion was made by Councilmember Allen to approve the lot split as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. LOT SPLIT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held March 28, 2000, recommended approval of a lot split for property located at the northwest corner of Tonaquint Drive and Mesa Palms Drive. Alex Oleferchik is the applicant. The lot split fulfills one of the conditions placed on the CUP for the Shepherd of the Hills United Methodist Church. A motion was made by Councilmember Gardner to approve the lot split as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. PARK FEE WAIVER: Consider a request for a fee waiver for use of the Bluff Street Park on July 3-7 for a soccer camp. Dixie College, applicant. City Manager Gary Esplin advised staff supports the request. A motion was made by Councilmember Gardner to approve the fee waiver as requested. The motion was seconded by Councilmember Orton, and all voted aye. St. George City Council Minutes April 6, 2000 Page Four PARK FEE WAIVER: Consider a request for a fee waiver for use of the Bloomington Park on April 22. Bloomington Lions Club, applicant. City Manager Gary Esplin advised the Bloomington Lions Club will be hosting their annual breakfast fundraiser and Easter egg hunt. A motion was made by Councilmember Orton to approve the fee waiver as requested. The motion was seconded by Councilmember Whatcott, and all voted aye. MOBILE VENDOR BUSINESS LICENSE: Consider a request for approval of a business license for a mobile ice cream vendor business. Critter?s Cream Confections, applicant. City Manager Gary Esplin advised the applicant has not yet specified a route, and is purchasing a truck from an existing licensee. Councilmember Isom inquired how long it would be before the applicant could determine a route. The applicant replied she would determine her route within two weeks. A motion was made by Councilmember Allen to approve the mobile vendor business license as requested. The motion was seconded by Councilmember Gardner, and all voted aye. SURPLUS PROPERTY: Consider a request for designation of surplus property and sale of said property adjacent to the Sunbrook Golf Course. City Manager Gary Esplin advised that Wayne Carlson, the developer adjacent to the Sunbrook Golf Course, requests that the City sell him surplus property adjacent to Hole No. 7 on the point at Sunbrook. The property is out of play, and Mr. Carlson would like to use the area to expand his landscaping. Staff supports the request. Mayor McArthur arrived. The price of the property will be $1 per sq. ft. and Mr. Carlson will pay for materials and labor associated with replacement of golf course irrigation components. A motion was made by Councilmember Gardner to approve sale of the surplus property as requested. The motion was seconded by Councilmember Allen, and all voted aye. AGREEMENT WITH UAMPS: Consider approval of a Member Services Project Agreement between the City of St. George and UAMPS regarding cost of service and unbundling analysis survey. City Manager Gary Esplin advised that as deregulation approaches, the City would like to know more about what could happen by surveying the community, as well as obtaining better cost figures. The Water and Power Board recommends approval. A motion was made by Councilmember Isom to approve the agreement as presented. The motion was seconded by Councilmember Gardner, and all voted aye. City Manager Gary Esplin advised the City?s share of the project would total $22,619, with a total project cost of $232,928. St. George City Council Minutes April 6, 2000 Page Five AGREEMENT FOR TELECOMMUNICATION STUDY: Consider approval of an agreement to conduct a study of the telecommunication market. City Manager Gary Esplin advised this item and the one immediately following are related. The City Council previously gave instruction to the Water and Power Department to pursue the feasibility of a telecommunication program in the City. The amount of the agreement with Uptown would be in an amount not to exceed $5,000. The Water and Power Board recommends approval. Councilmember Gardner inquired if it would be possible to the see the list of questions used in the survey. City Manager Gary Esplin replied they would be made available. A motion was made by Councilmember Orton to approve the agreement as recommended by the Water and Power Board. The motion was seconded by Councilmember Whatcott, and all voted aye. AGREEMENT TO REVIEW TELECOMMUNICATION SURVEY DATA: Consider approval of an agreement to review data received from the market research study regarding a telecommunication program. City Manager Gary Esplin advised this agreement with SDS would be to review the data obtained in the survey previously discussed. The cost of the contract would be $7,500. A motion was made by Councilmember Orton to approve the agreement as recommended. The motion was seconded by Councilmember Gardner, and all voted aye. APPOINTMENTS: Consider appointments to various boards and commissions of the City. Mayor McArthur recommended Marc Mortensen be appointed as a member of the CEC. A motion was made by Councilmember Isom to appoint Marc Mortensen to the CEC. The motion was seconded by Councilmember Allen, and all voted aye. Councilmember Whatcott advised the next CEC meeting would be in two weeks as they meet only once a month. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held March 9, 2000. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Isom, and all voted aye. Consider approval of the minutes of the regular City Council meeting held March 16, 2000. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Isom, and all voted aye. Consider approval of the minutes of the City Council work meeting held March 23, 2000. St. George City Council Minutes April 6, 2000 Page Six A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Orton, and all voted aye. SISTER CITY: Mayor McArthur advised as previously discussed, Bacup, England is desirous of forming a sister-city relationship with St. George for cultural exchange. There will be no financial obligation on the City?s part. A motion was made by Councilmember Isom to approve a sister-city relationship with Bacup, England. The motion was seconded by Councilmember Allen, and all voted aye. FENCE AROUND DINOSAUR TRACKS: Councilmember Whatcott inquired on progress to protect the dinosaur tracks on Sheldon Johnson?s property. Public Information Officer Marc Mortensen advised he is in the process of receiving bids for fencing of the area. ART FESTIVAL: Mayor McArthur announced the Arts Festival will be held the weekend of April 21. REPORT ON CIB GRANT: Mayor McArthur reported he just returned from a meeting in Salt Lake City concerning a CIB grant for the remodeling of the Woodward Building. A $150,000 grant was awarded to the City, and a loan in the amount of $350,000 at 2.5% interest for 20 years. PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size, and R-1-8 Single Family Residential 8,000 sq. ft. minimum lot size, to R-1-6 Single Family Residential 6,000 sq. ft. minimum lot size on 20.519 acres located on the east side of 2450 East and between 50 South and Riverside Drive. Jeff Chapman, applicant. Associate Planner Jim McGuire advised the Planning Commission recommended approval of the zone change for property located south of the City?s new park. A lot layout has been submitted. The development will be a continuation of the Slick Rock Ridge Subdivision. The General Plan Land Use Map designates the site as medium density residential, and the zone change request conforms to that land use designation. Surrounding zoning is R-1-6 to the west, MH-6 and PD-MH to the east, R-1-8 to the north, and R-1-10 to the south. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Whatcott to approve the zone change by ordinance. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for a zone change from OS Open Space to R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size on 9.956 acres located north of Bloomington Country Club No. 7 between Kolob Drive and Los Padres Drive. State School Trust Lands/Don Leavitt, applicant. Associate Planner Jim McGuire advised the applicant is requesting a zone change to accommodate development as this site was not included in the original Bloomington master plan. If the zone change is approved, the St. George City Council Minutes April 6, 2000 Page Seven applicant plans to develop a subdivision with a loop road that will connect the dead-end streets of Kolob Drive and Los Padres Drive. The site is located in the Bloomington Ridge section of the Hillside Development Overlay Zone and is near a rock fall danger area identified on one of the geologic hazard maps. The Hillside Review Board felt it was feasible to develop a subdivision at that location. They recommended approval on a 4-0 vote with the understanding that the applicant has resolved rock fall hazards, drainage, and conveyance of land to adjoining property owners to the south, and that when the plat is submitted, it will be presented to the Board for review. The General Plan designates the site as Open Space, but it is adjacent to a low density residential designation. Since the land use map is not boundary specific, a general plan amendment is not required. Surrounding zoning is OS to the north, east and west, and R-1-10 to the south. The main issue is the nature of the request and the extent of the request in relation to the hillside. An alternative to the applicant?s request is R-1-10 zoning for the southern half or 2/3 of the site, and open space for the hillside area with slopes above 25%. This would allow for a row of lots adjacent to the existing homes with a road on the outside or northern edge. A new road will greatly assist in solving existing drainage problems because storm water could be contained within the street. The alternative will also help protect the aesthetic value of the hillside. The Planning Commission recommended approval. There has been opposition to the request from neighboring property owners. A field trip to the site was taken by the City Council last week. Staff recommends approval of a single loaded street. Mayor McArthur advised he would like to hear more about the drainage plan. Mr. McGuire advised the applicant?s engineer represented drainage could be handled by the new street, as well as help existing drainage problems in the area. Councilmember Allen commented that during the Planning Commission field trip she walked the site and studied it extensively. Don Leavitt, representing School and Institutional Trust Lands, applicant, advised he has been sensitive to the issues, and feels the proposed plan corrects existing drainage issues in the area. Rock fall concerns have been reviewed extensively by geologists, and five rocks will be dealt with before development. Councilmember Allen commented there are several areas in Bloomington where homes have been built adjacent to a rock hillside that look worse than what the applicant is proposing. Councilmember Gardner commented there was a misunderstanding about why the property was not developed at the time Bloomington was developed. The property was owned then by the BLM, and Terracor did not have control of or access to the property. Councilmember Orton commented it was obvious the intent was to continue development in that area as the road comes to an abrupt stop. Mr. Leavitt advised the property in question was acquired from an indemnification list as part of an exchange, and was never in private ownership. Councilmember Orton inquired about liability issues. City Attorney Jonathan Wright advised that with the evidence presented, the City has the discretion to make a zone change or plat approval decision and would be immune from liability under the Utah Governmental Immunity Act. A note on the plat about the rock fall area may be appropriate, however. St. George City Council Minutes April 6, 2000 Page Eight Councilmember Gardner commented that while open space and hillsides are to be appreciated, at the same time the property owner should have the opportunity to proceed with development of its property. Councilmember Whatcott advised a letter he received indicated that Lou Brown from the State promised homeowners they would be given the first option to purchase land all the way back to the rocks. Mr. Leavitt responded he did not know anything about that, but at this time it is not being entertained. He advised there are many encroachments onto the property that will have to be solved and dealt with on an owner-by-owner basis. Mayor McArthur opened the public hearing. John Berger, a geologist who served on the Hillside Review Board for four years, advised that any other similar geologic situation would have been deemed inadvisable to permit. He stated he could demonstrate the rocks have been there only a short time (1000 years or less), and rock fall is an ongoing process. He advised the lack of lichen on the rocks would also indicate the rocks have been there only a short time. He advised the Colorado Plateau area in general is subject to considerable erosion, and the shape of the rocks indicate they have not been there long. He stated it was his opinion and experience it would be hazardous to put homes between the rocks and cliff faces. Councilmember Gardner inquired if removal of five rocks which pose a danger, as proposed by the State Trust Lands, would pacify him. Mr. Berger replied this would not pacify him as the rocks had already fallen, and he was looking to the future. Councilmember Gardner inquired if he were suggesting the entire area not be developed, or just right to and underneath the cliffs. Mr. Berger suggested no building take place north of the proposed loop road. Councilmember Orton inquired if this area were the most dangerous in Bloomington for rock fall. Mr. Berger replied there were other areas in Bloomington more dangerous. Mr. McGuire pointed out those lots were approved when Bloomington was part of the County. Lloyd Paulson, a civil engineer, advised he has been working on hillside development since 1951 in Los Angeles, has been handling emergency disasters in L.A. for over 20 years, and knows the hazards and dangers related to rock fall and landslides. He advised he was aware of several cases in California where a public agency was held liable for damages as a result of a landslide because of negligence in permitting construction to occur. City Attorney Jonathan Wright advised that may be the case in California, but Utah has a governmental immunity statute. He asked Mr. Paulson if he was aware of any cases in Utah. He advised he would be happy to review any Utah cases Mr. Paulson could produce. Mr. Paulson advised the property in question was available to Terracor at the time of development as a neighbor had contacted the BLM and made arrangements to purchase 5-7 acres from them. He advised the state St. George City Council Minutes April 6, 2000 Page Nine geologist was instrumental in seeing the property was not developed as it is not safe for development, and there is a geologic report which designates these lots as not acceptable for part of a subdivision. He recommended that development be permitted to occur, but nothing north of the loop road. He stated he believed construction of the street would remove the drainage hazard in the area. Lance Pinnell advised his major area of study was environmental sciences, and he has done major impact reports for the city of Los Angeles. He has also seen the results of rock fall and flooding. He had a conversation with an attorney who advised if the City approved the zone change in the face of expert testimony that a dangerous condition exists, there is every possibility the case could be decided against the City. His recommendation was that development be kept south of the road. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Whatcott advised he required some assurance that what has been said will happen with regard to drainage, and how the City would review the work to assure it will take care of the problem. Associate Planner Jim McGuire advised City engineers think the drainage problems can be mitigated by construction of the road as they do not want any potential maintenance problems. He expressed concern that because the zone change request is not for a PD, conditions cannot be imposed to restrict development only on the south side of the road. He suggested the boundary of the zone change be brought down away from the 25% slopes. Public Works Director Larry Bulloch commented the question is what level of risk the City is willing to take. The reasonableness of the project must be addressed, and if certain rocks pose obvious hazards, they should be removed or stabilized, but a certain amount of risk cannot be totally eliminated. City Manager Gary Esplin stated there are existing rock fall and drainage problems. Drainage problems cannot be addressed unless the City takes on the responsibility, and until development occurs, the City cannot tell the developer to solve the drainage problems. The Bloomington subdivision was inherited along with all its problems, and this project at least gives the City an opportunity to zone the property for development. Actual development plans have not been presented yet, and until they have been reviewed and approved by the JUC, and stamped by a licensed engineer of the developer, the City would only then know the scope of existing problems and could make sure they were addressed. Curtis Dyke of Bush and Gudgell advised he is the civil engineer for the project. He was asked to review the property as it pertains to drainage and walked the area extensively. He advised if the drainage water were channelized, it would create a bigger problem. Rather, the water should be cut off by the road to protect the existing homes. He stated the proposed development will solve drainage issues pertaining to existing homes, and property owners have been pleased to know someone is trying to solve the drainage problems. He advised if homes were allowed to be built on the north side of the road, space should be left between them to allow the drainage to come through to the road. Don Leavitt requested the entire area be included in the zone change, with final determination to be worked out after that has been done. City Attorney Jonathan Wright advised that assuming the City Council were to zone those areas that may have potential problems as R-1-10, which is St. George City Council Minutes April 6, 2000 Page Ten now open space, and the property is sold to a new developer on the basis it is zoned R-1-10, those issues then could not be resolved to City satisfaction and the City would have a lawsuit involving a denial to develop zoned land. Mr. Leavitt replied there would be several declarations on the plat dealing with this area and any developer would know the developable area. Mayor McArthur suggested the areas above a 25% slope be removed from the zone change request. Mr. Leavitt replied the area of marketable space is of value to the Trust, even though it cannot be built upon, and deletion of the slope area from the zone change would affect the ability to maintain values. City Attorney Jonathan Wright advised if the applicant is representing it is not going to build on slopes greater than 25%, those slopes do not need to be zoned R-1-10. Councilmember Gardner asked if the slope areas were zoned R-1-10, could a stipulation be attached that it could not be built upon. City Manager Gary Esplin advised if the property were zoned R-1-10, the owner would have use of it as R-1-10 property, regardless of who that owner was. Open space designation would affect the lot setbacks as it could not be included in the lot for setbacks. The ordinance allows development of slopes up to 40%. An unidentified man in the audience advised that two peninsulas identified on the map were actually channels, not hillsides, and could be filled in and used as R-1-10. City Manager Gary Esplin advised an open space zoning designation would not prohibit the developer from filling in wash areas. The wash areas could be filled in as long as this was acceptable to City Engineers. City Attorney Jonathan Wright advised there were many uses for open space property, such as for a park or golf course. Councilmember Gardner suggested the yellow area on the map be designated as open space, but the ravines could be included in the zone change as R-1-10. Mr. Leavitt stated it would be possible to do a conceptual map indicating everything coming in as R-1-10, then the drainage issue and northeast corner could be dealt with later. City Attorney Jonathan Wright again stated that once property is zoned R-1-10, the City could not prevent someone from using it as R-1-10. Mr. Leavitt advised he did not want complications as the drainage issue on the northeast side was dealt with. City Attorney Jonathan Wright advised drainage issues do not change with the zone and must be taken care of regardless of the zone. He suggested the zone change request might be premature until more of a concept was had to make a viable R-1-10 zone. Mr. Leavitt stated his request was fair. City Attorney Jonathan Wright commented that Mr. Leavitt was not showing the area as lots, yet wanted R-1-10 zoning. St. George City Council Minutes April 6, 2000 Page Eleven Mr. Leavitt stated if the City wanted to move the lot lines to match the yellow area on the map, that would be fine. Councilmember Gardner commented the inversions or washes should be included in the R-1-10 zoning and allowed to be filled in. He made a motion to grant the zone change for the green and blue areas of the map, and for the yellow areas that are washes or drainage areas. City Attorney Jonathan Wright asked that the area of the motion be identified on the map. Councilmember Whatcott commented if the applicant would work with staff, some of the yellow areas may turn into blue if the ravines are filled in, and open space could be useable as R-1-10. He seconded by the motion made by Councilmember Gardner. Councilmember Orton asked the motion include a stipulation that the approval be subject to City staff?s approval of the new lines on the map. City Attorney Jonathan Wright advised exact legal descriptions would be needed. Councilmember Gardner commented the extended lot lines could go clear to the top of the hill and be sold as open space or part of the lot, but the open space area could not be built on. Councilmember Orton inquired if City staff were comfortable with the motion. Staff replied they were. A roll call vote was taken and all voted aye. Mayor McArthur called for a five minute break. PUBLIC HEARING/AMEND PD BY ORDINANCE Public hearing to consider a proposed amendment to the PD zone at McArthur?s Landing on the southwest corner of River Road and Riverside Drive. Rich Lewis, applicant. Associate Planner Jim McGuire advised action was needed to finalize the layout of the development on the east side of the Post Office. The building elevations and allowed uses are to remain as previously approved. The proposed amendment also utilizes the landscape transfer previously approved. The layout shows the existing bank, a fast food restaurant pad with drive-through service, and three retail buildings. There will be no residential units. The required number of parking spaces is shown on the private property, and the applicant is hoping to develop extra parking on the small piece of City property next to River Road. The development will stand on its own in meeting parking requirements. The site has been designed to connect the east side of the PD with the west side by way of a drive and parking area behind the Post Office. The building on the south end of the development will be two stories with underground parking, for a total or three levels. The other buildings on the east side will be single story. The long building on the west side of the restaurant pad will screen the parking and delivery area of the Post Office. A ten foot trail easement is being shown along the south side of the development. The Planning Commission recommended approval. Mayor McArthur inquired if the trail easement had been signed. City Manager Gary Esplin advised it was critical to resolve all issues on the exchange of land and trail easement tonight. The issues of terrain and location of the bridge are complicated, but consensus has been had. St. George City Council Minutes April 6, 2000 Page Twelve Rich Lewis advised the elevations are similar to that of the bank and Post Office. The trail alignment is being worked on, and he is asking for 18' of City property along River Road for a parking area. This has been agreed to conceptually. City Manager Gary Esplin advised staff recommends giving the applicant 18' of property in exchange for landscaping the balance of City property. The applicant also agrees to knock down the hill and flatten the trail in exchange for his right to use the excavated material. Mr. Lewis advised in order to keep the elevations from not being too steep, the top of the hillside must be excavated. Slopes must also be dealt with. As far as landscaping, he agreed with Deputy City Attorney Ron Read on the landscaping plan. Watering will be his responsibility. City Manager Gary Esplin advised Mr. Lewis will deed to the City the balance of the property which is located on the south side of the trail as well as provide an easement. Timing is of the essence because of the grant for the Riverside Drive Trail. This is the last piece of property needed in order to secure the grant. Mr. Lewis advised the trade would consist of a partial trade and partial gift, and because he is giving a lot more than he is getting, he wants some advantage. The agreement is the City would have 30 days to decide what they wanted to do with the excavated materials. After moving the excavated material from the site, it would then be the City?s responsibility to move it again, store it, etc. 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 amendment to the McArthur?s Landing PD zone as requested subject to the trade of properties and signing of the easement for a trail. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, and all voted aye. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance by adding a new chapter, Chapter 23-B, City of St. George Replacement Airport Overlay Zone for the proposed new airport to be located east of Little Valley at the old CAA runway. City of St. George, applicant Public Works Director Larry Bulloch displayed a map of compatible land uses around the airport. The Planning Commission recommended approval with modification to change the overlay zone to reflect only portions within the City of St. George. It was also suggested that a conditional use provision be added for hotels, motels, convention center, and accessory uses. Leucadia requested clarification in the section addressing guidelines and policies which would be used to implement the ordinance. It was rewritten to indicate the developer would do the impact assessment on the influence area to assure compliance with the intent of the ordinance. Leucadia also asked for the second runway to be shortened to 5000', and this adjustment was made. Leucadia also asked that the City cooperate in seeking UDOT?s approval for additional access and off-ramps into the South Block area, and the City cooperate in earmarking water rights for the South Block. Mayor McArthur commented that many other uses could be added to the flight path area, such as for an aircraft museum or other historical facilities. St. George City Council Minutes April 6, 2000 Page Thirteen He suggested instead of prohibiting many uses, they be made conditional uses. Councilmember Isom suggested all the prohibited uses be made conditional uses. City Attorney Jonathan Wright advised the problem with a conditional use is that it is not discretionary. The use has to be allowed unless there is some reason it is not appropriate. Mr. Bulloch advised all non-airport related uses could be prohibited. City Attorney Jonathan Wright clarified non-airport related uses would be prohibited in the flight pattern area only, not the entire overlay zone. Councilmember Whatcott inquired what would happen if Leucadia built a golf course and wanted to sell it to the City, but the City could not buy it because a public golf course is prohibited in the overlay zone. Mr. Bulloch replied federal regulations would prohibit it because publicly funded parks or recreational facilities cannot create a conflict with airport expansion. City Manager Gary Esplin commented it might be a problem if federal funds were invested, but would not be a problem for City funds. Public Works Director Larry Bulloch advised he would review the regulation. He advised the Planning Commission recommended approval. Mayor McArthur suggested the ordinance be reworded. He opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. City Manager Gary Esplin advised that negotiations with Leucadia have been ongoing, and the City has been sensitive to their concerns. Their request concerning water would have to be looked at further as it involves a City policy. Access is another issue and the City supports their request while not wanting to step on the State?s toes. Mayor McArthur advised that the City and Leucadia have been partnering since the conception of the plan for the new airport, and he expressed appreciation for their willingness to help in protecting the airport site. A motion was made by Councilmember Isom to approve the ordinance with incorporation of the items listed by Public Works Director Larry Bulloch and with ongoing negotiations and cooperation between the City and Leucadia. The motion was seconded by Councilmember Orton. A roll call vote was taken, and all voted aye. RESOLUTION: Consider approval of a resolution to pursue land use capability with development of a replacement airport. City Manager Gary Esplin expressed concern with the resolution as written and suggested only entities supportive of the airport be included on the board. Public Works Director Larry Bulloch advised the fundamental premise of the resolution is that whether an entity supports or opposes the airport, compatible land use must be had and cooperation to assure land uses are compatible. St. George City Council Minutes April 6, 2000 Page Fourteen City Attorney Jonathan Wright questioned what spurred the resolution. Public Works Director Larry Bulloch replied the FAA asked that the City pass a resolution on how it will deal with multi-jurisdictional land uses. The resolution will become a part of the environmental assessment. The resolution simply states that St. George City, Washington City, and Washington County will commit to pursue a joint planning board to agree to provide compatible land uses. City Manager Gary Esplin expressed concern about the make-up of the board, but he would not be opposed to the resolution if it were prepared in draft form and the concept were agreed upon by all parties. He inquired what would happen if Washington City opposed the airport and was not willing to participate in the agreement, yet had a request for annexation of property which was located as much in St. George as in Washington City. He advised his concerns had not been satisfied. Public Works Director Larry Bulloch advised the FAA did not need details, and they could be removed from the resolution. City Manager Gary Esplin suggested the resolution be drafted to say it is the intent of the City of St. George, upon all necessary approvals, to build an airport and involve all adjacent communities in joint planning to protect the site. Details could be worked out later. A motion was made by Councilmember Gardner to adopt a resolution giving notice of the City?s intent, upon all necessary approvals, to build an airport and involve all adjacent communities in joint planning to protect the site. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss potential litigation was made by Councilmember Gardner. The motion was seconded by Councilmember Whatcott, and all voted aye. RECONVENE AND ADJOURN: A motion to reconvene and adjourn was made by Councilmember Gardner. The motion was seconded by Councilmember Allen, and all voted aye. ____________________________ Gay Cragun, City Recorder