City Council Minutes

Thursday, May 18,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING MAY 18, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Rod Orton Councilmember Suzanne Allen Councilmember Bob Whatcott Councilmember Larry Gardner City Manager Gary Esplin Deputy City Attorney Ron Read City Recorder Gay Cragun EXCUSED: Councilmember Sharon Isom OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Ellie Blatz, and the invocation was offered by Dick Warren. Mayor McArthur signed a proclamation proclaiming May 25, 2000 as American Legion Poppy Day in the City. Mayor McArthur announced that a resolution adopting specifications and standards for construction in the City was tabled from the agenda. Consideration of an agreement with Bryce Christensen for cleaning in the Ft. Pearce Wash was also tabled. Mayor McArthur advised that Laurie Mangum, an employee at the Water and Power warehouse, was selected as Employee of the Week. FINANCIAL STATEMENT: Consider approval of the financial statement for April, 2000. A motion to approve the financial statement as submitted was made by Councilmember Gardner. The motion was seconded by Councilmember Allen, and all voted aye. Mayor McArthur excused Councilmember Isom who was out of town. AWARD OF BID: Consider award of bid for the chip seal aggregate supply project. Purchasing Agent Sue Swensen advised that three bids for chip seal aggregate supply were received as follows: Western Rock $55,192.50; Sunroc $51,011.25; Interstate Rock $52,483.05. She recommended award of the bid to the low bidder, Sunroc, in the amount of $51,011.25. A motion was made by Councilmember Orton to award the bid to Sunroc in the amount of $51,011.25. The motion was seconded by Councilmember Gardner, and all voted aye. AWARD OF BID: Consider award of bid for a blanket purchase order for powder activated carbon for the water treatment plant. Purchasing Agent Sue Swensen advised that two bids were received for powder activated carbon for the water treatment plant as follows: Excel Chemicals $46,800; Thatcher Chemicals $49,140. The low bidder, Excel Chemical sent a sample packet of the product to try, and although the product worked well, the packaging was incompatible with the City?s equipment and half of it was lost on the ground. Excel will look into redoing their packaging so that they may be included in the bidding process next time. She recommended award of the bid to Thatcher Chemicals in an St. George City Council Minutes May 18, 2000 Page Two amount not to exceed $50,000 for the year. A motion was made by Councilmember Gardner to award the bid to Thatcher Chemical in an amount not to exceed $50,000 for the year. The motion was seconded by Councilmember Whatcott, and all voted aye. AWARD OF BID: Consider award of bid for a blanket purchase order for solid waste pick-up and disposal for the City. Purchasing Agent Sue Swensen advised that four bids were received for solid waste pick-up and disposal as follows: Hughes & Sons Sanitation $50,554.80; Dixie Waste $69,537.60; Camco Disposal $63,381.72; Red Rock Waste $52,041.60. She recommended award of the bid to the low bidder, Hughes & Sons Sanitation, in an amount not to exceed $50,554.80 for the year, with an option to extend up to three years. A motion was made by Councilmember Gardner to award the bid to Hughes & Son Sanitation in an amount not to exceed $50,554.80 for the year, with an option to extend up to three years. The motion was seconded by Councilmember Orton, and all voted aye. AWARD OF BID: Consider award of bid for a blanket purchase order for alum for the water treatment plant. Purchasing Agent Sue Swensen advised this is a sole source item, and staff recommends establishment of a blanket purchase order with Thatcher Chemical for a one year period in the amount of $38,000 for 390,000 lbs. of alum, with an option to renew for up to three years. A motion was made by Councilmember Whatcott to award a blanket purchase order in the amount of $38,000 to Thatcher Chemical for 390,000 lbs. of alum, with an option to renew for up to three years. The motion was seconded by Councilmember Gardner, and all voted aye. Water Treatment Plant Superintendent Hank Childers reported that a successful Water Week open house at the water treatment plant was held with over 200 people attending. AWARD OF BID: Consider award of bid for a blanket purchase order for carpet cleaning in City buildings. Purchasing Agent Sue Swensen presented six bids received: Tom & Jerry?s Carpet Cleaning $27,240; Campbell?s Carpet Cleaning $36,320; Dry Concepts $39,952; Heaven?s Best Carpet Cleaning $42,750; Stanley Steemer $29,510; HiCaliber Carpet Cleaning $49,940. She recommended award of the bid in an amount not to exceed $30,000 for the year to the second low bidder, Stanley Steemer, because of the City?s dissatisfaction with the services of the low bidder, Tom & Jerry?s Carpet Cleaning. A motion was made by Councilmember Gardner to award the bid in an amount not to exceed $30,000 for the year to Stanley Steemer. The motion was seconded by Councilmember Orton, and all voted aye. RESOLUTION RE AMENDMENTS TO CITY?S INVESTMENT POLICY: Consider approval of a resolution to adopt amendments and revisions to the City of St. George investment policy. City Manager Gary Esplin advised that Utah has a strict money management act, in fact one of the best in the country. The City of St. George submitted its investment policy to the National Treasurer?s Association for accreditation, and while they said it was a great policy, it needed to be more specific. The City has now expanded upon the policy without changing its St. George City Council Minutes May 18, 2000 Page Three substance. This is the first time the City of St. George has applied for accreditation, and if it is accredited, it will be the only city in Utah to have done so. This certification is an honor for the City. A motion was made by Councilmember Whatcott to approve the resolution as presented. The motion was seconded by Councilmember Orton. Mayor McArthur called for a roll call vote, and all voted aye. RESOLUTION RE SPECIFICATIONS AND STANDARDS FOR CONSTRUCTION: Consider approval of a resolution adopting a policy governing specifications and standards for construction in the City of St. George. This item was tabled from the agenda. ASSOCIATE PLANNER RESIGNATION: City Manager Gary Esplin advised that Associate Planner Jim McGuire has accepted a Planning Director position with a county in Kansas and will be leaving employment with the City effective June 30. The Mayor and City Council wished him well and extended their appreciation to him for his years of service to the City. SET PUBLIC HEARING: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 9, 2000, recommended a public hearing be scheduled for June 15, 2000 at 5:00 p.m. to consider approval of a zone change from M-1, R-3, and R-1-10 to C-3 on 25.439 acres located on the northwest corner of Bluff Street and Sunset Blvd., and north along Bluff Street to 1250 North Street. Jennings Management, Inc. is the applicant. A motion was made by Councilmember Allen to set the public hearing as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for student housing in a C-3 commercial zone on the northeast corner of 1000 East and 100 South. Dave Forsyth, applicant. Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 9, 2000, recommended approval of the conditional use permit. The project will meet the development standards of the R-4 zone. Seven units are being proposed with five three-bedroom units and two two-bedroom units. There will be two students per room. The seven-plex building is proposed to be 2.5 stories. For greater flexibility, uncovered parking and an eight foot landscape setback along the streets with parking in the remaining 17 feet of front yard setback may be allowed for student housing projects on a conditional use permit basis. A motion was made by Councilmember Gardner to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye. PRELIMINARY PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 9, 2000, recommended approval of the preliminary plat for Desert Hills Subdivision with 198 single family lots located in Phases 1.8 and 1.9 of the Hidden Valley PD on 51.4 acres south of Brigham Road and southwest of the Desert Hills Intermediate School currently under construction. Paul Jensen is the applicant. There will be 123 lots on 29.76 acres in Phases 1.8, and 75 lots on 21.64 acres in Phase 1.9. The proposed density is 3.85 dwelling units per acre (4.13 dwelling units per acre for Phase 1.8 and 3.47 dwelling units per acre for Phase 1.9). The combined St. George City Council Minutes May 18, 2000 Page Four traffic impact study for this PD and the Sun River St. George PD addressed the need for improvements to Brigham Road and the I-15 Interchange as part of its recommendations. The timing for those improvements will be worked out prior to consideration of the final plat(s) in case participation is necessary for this development. The preliminary plat conforms to the conceptual plan of the PD. A motion was made by Councilmember Gardner to approve the preliminary plat as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. FINAL PLATS: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 9, 2000, recommended approval of the final plats for Shadow Mountain Phase IV-C (Paul Jensen, applicant), Ironwood Subdivision Phase II (Ence Homes, applicant), and Foxborough Phase I (Ence Homes, applicant). He advised that all plats conform to the preliminary plats. A motion was made by Councilmember Orton to approve the final plats and authorize the Mayor to sign them. The motion was seconded by Councilmember Allen, and all voted aye. INTRODUCTION OF HOUSE OF REPRESENTATIVES CANDIDATE: Mayor McArthur invited David Clark, a Republican candidate for House District 74, to stand and introduce himself. BEER LICENSE/LOCAL CONSENT: Consider a request for approval of a beer license and local consent for a restaurant liquor license for the Painted Pony restaurant in the tower at Ancestor Square. David Pizzuto, applicant. City Manager Gary Esplin advised a background check was performed on the applicant and no problems were found. The applicant is currently in business at another location, and staff recommends approval. A motion was made by Councilmember Allen to approve the beer license and local consent for a restaurant liquor license for the Painted Pony restaurant. The motion was seconded by Councilmember Whatcott, and all voted aye. PRESENTATION FROM TUACAHN: Presentation from the Tuacahn Amphitheater and Center for the Arts. This item was tabled as the applicants were not present. AGREEMENT WITH BRYCE CHRISTENSEN: Consider approval of an agreement with Bryce Christensen for cleaning as part of the Ft. Pearce Wash project. This item was tabled. AGREEMENT WITH SITLA RE DIXIE DOWNS ROAD EXTENSION: Consider approval of an agreement with SITLA on extension of Dixie Downs Road to connect to Snow Canyon Parkway. City Manager Gary Esplin explained an agreement is proposed between the City and School and Institutional Trust Lands to install a connection between Dixie Downs Road and Snow Canyon Parkway near the old racetrack. This new road would extend north, curve and connect to Snow Canyon Parkway. SITLA believes this road is a viable and important road, but does not have the funding to proceed right now. They propose that the City pay for the St. George City Council Minutes May 18, 2000 Page Five road now, and they will reimburse the City in five years. Staff believes the road is critical and proposes that interest charges be waived until payment is received in five years. A motion was made by Councilmember Orton to approve the concept of the agreement as presented, subject to approval by SITLA?s board. The motion was seconded by Councilmember Gardner, and all voted aye. AGREEMENT WITH ALPHA ENGINEERING FOR LITTLE VALLEY SID: Consider approval of a professional services agreement for the Little Valley SID project with Alpha Engineering. City Manager Gary Esplin presented an agreement with Alpha Engineering who proceeded with design and construction engineering on the recently approved Little Valley SID. It was Alpha?s understanding that if the SID was approved, they would get the contract for design and construction engineering. These costs are included in the district and will be paid for through assessments. A motion was made by Councilmember Orton to approve the agreement with Alpha Engineering as presented. The motion was seconded by Councilmember Allen, and all voted aye. AGREEMENT FOR DRAINAGE BASIN STUDY: Consider approval of a professional services agreement for the drainage basin study for the City. City Manager Gary Esplin advised the City received proposals from several firms, and staff recommends approval of an agreement with Alpha Engineering for the Main Street Drainage Basin analysis. A motion was made by Councilmember Gardner to approve the agreement as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. City Manager Gary Esplin advised the amount of the contract is $47,848, and funds were budgeted for this project in the current fiscal year. REQUEST FOR OVERNIGHT USE OF TONAQUINT PARK: Consider a request to use Tonaquint Park from 9:00 p.m. through 5:00 a.m. on May 25-26, 2000 for a senior class party. City Manager Gary Esplin advised the City received a request from the Junior Class of Dixie High School for a sunrise event at Tonaquint Park. Staff has some concerns about the level or supervision as some problems were experienced last year. The School District indicates they are not in any way associated with the event. He advised that Tonaquint Park has a lot of open area which makes it difficult to supervise. Mayor McArthur commented that the site is difficult to supervise, and that Snow Canyon High School is holding a similar event at the Recreation Center until midnight which is more easily chaperoned. He advised that the Police Chief indicated the police would be available to drop in occasionally, however, more chaperons are needed than the amount currently proposed. Mayor McArthur advised he would support the event if it were held at a different location or more chaperones were provided. City Manager Gary Esplin advised the applicants are also requesting a waiver of the fee for use of the park. St. George City Council Minutes May 18, 2000 Page Six Councilmember Whatcott commented he was concerned the School District was not sponsoring the event and granting a fee waiver for a private venture. Deputy City Attorney Ron Read advised the event has been held in the past at Tonaquint Park because there are no nearby neighbors to be bothered by the noise. Snow Park would not be an appropriate location for this reason. Councilmember Orton stated he hated to send a message to the youth that they were not welcome, and preferred to send a positive message with an approved location. City Manager Gary Esplin commented if Tonaquint Park is approved for this event, more chaperones need to be provided, an admittance fee should be charged, along with payment of the reservation fee. Councilmember Allen suggested 25 chaperones be provided. City Manager Gary Esplin suggested a refundable cleaning deposit also be charged. A motion was made by Councilmember Orton to approve use of Tonaquint Park as requested, provided there be 25 chaperones at all times, payment of the reservation fee, and payment of a refundable cleaning deposit. The motion was seconded by Councilmember Allen. Mayor McArthur advised the motion should include the stipulation that the list of chaperones be provided to the City before the event so that it can be reviewed by the Police Department. Councilmembers Orton and Allen agreed that this stipulation be included in the motion. Mayor McArthur called for a vote, and all voted aye. Councilmember Allen advised this would set a precedent for future requests. PUBLIC TRANSPORTATION SYSTEM REQUEST: Consider a request for City participation in the purchase of a small bus for a public transportation system. Beth Cottam, applicant. Ms. Cottam distributed a memo formally requesting additional City participation in the proposed public transportation system. She advised that $10,100 was raised through donations toward the program, and requested the City consider supplying match funds to purchase a small bus. A bus is available now, but only until May 29th. If a commitment is not made to purchase it, the opportunity will be lost. The City?s portion would be $8,589. She also requested the City include in its budget each year the sum of $50,000 for transit support. She advised she would like to continue the partnership with the City in doing an annual solicitation for the transit program through the utility bills, and the money generated from this method could be used to augment the $50,000 in City support each year. Mayor McArthur inquired about the cost of purchasing one bus. Ms. Cottam replied the cost of one bus is $43,000-$58,000. Mayor McArthur stated the bus would have to be for public transportation, not special needs. Ms. Cottam advised the 5311 grant only provides enough money to acquire three buses, and four to five are needed. There is an opportunity now to acquire two buses, and the City?s part of the match is $17,200. The bus service will begin in St. George and cover all areas of the City. Bus service to other communities would depend on their level of participation. Ms. St. George City Council Minutes May 18, 2000 Page Seven Cottam advised the three buses are expected some time in October. She stated the bus service would generate $90,000 per year, and if $50,000 were obtained from the City, $125,000 from project income, plus additional from grants and foundations, the project is feasible. Councilmember Allen inquired about the cost per ride. Ms. Cottam advised the cost has to be subsidized at $1.00 per ride. Councilmember Whatcott inquired about the actual cost per ride. Ms. Cottam advised the actual cost is $3 per ride. Councilmember Whatcott advised that contrary to the statement made by Ms. Cottam previously, there is the potential for a tax increase as a result of this program because the City would have to take the $50,000 per year from somewhere else to give to the transportation program, and that may result in an increase in taxes. Councilmember Gardner stated this issue has been discussed for several years, and he is supportive of the program. However, he expressed concern about the City becoming obligated every year to provide $50,000. He could however support the request for seed money in order to qualify for funding and grants and to initiate momentum to being the transportation system. Mayor McArthur advised that once a commitment is made to provide $50,000 each year and a transportation program is in place, there is no turning back. Councilmember Orton inquired about support from other cities. Ms. Cottam replied they have been approached, but she has been waiting for St. George to approve the program before soliciting their participation. Councilmember Gardner inquired of City Manager Gary Esplin if any monies had been earmarked for this project. Mr. Esplin replied the funds would have to come from the City Council?s discretionary funds. He advised that an allocation of $50,000 on an annual basis would have to become part of the budget review process. He expressed concern that if the City donated $50,000 this year, but did not donate next year, how would the project continue to operate. Public Works Director Larry Gardner advised that the City of St. George will become an MPO in two years which will qualify it for mass transit funding of $300,000 - $400,000 each year. The transportation program needs to get up and running, and can develop into a full mass transit program once these funds are received. He advised Ms. Cottam?s request could be approved pending an acceptable financial plan with participation by other cities. Councilmember Orton inquired of Ms. Cottam why the transportation system could not wait for two years until MPO funding is received. Ms. Cottam replied there is a desperate need for public transportation now. Councilmember Allen agreed there was a severe need in the community for public transportation and that it would decrease traffic. Councilmember Whatcott commented he thought this program was directed at those who did not have vehicles and would simply add a bus to the roads and not decrease traffic. St. George City Council Minutes May 18, 2000 Page Eight Councilmember Gardner commented the City promised seed money for a transportation program if funds were located by Ms. Cottam. She has succeeding in obtaining a grant, and the City now must do its part. However, the continual funding request must be debated further. He made a motion to approve match of City funds to purchase two vehicles for the transportation program. City Manager Gary Esplin commented the key to receiving MPO funding is to have a valid mass transportation program. Ms. Cottam advised she anticipated working with Community Development Director Bob Nicholson as part of the MPO planning process. Councilmember Gardner?s motion was seconded by Councilmember Allen. Mayor McArthur restated the motion made by Councilmember Gardner. Ms. Cottam requested $50,000 from the City by October. Councilmember Gardner clarified that if there were any way the City could provide the funding, it would, but the request would have to reviewed and the budget examined before the City could commit to the request. Mayor McArthur called for a vote and advised Ms. Cottam the City approved $15,000 as the City?s match for purchase of vehicles without the promise of any future commitment. The vote was as follows: Councilmember Gardner - Aye Councilmember Allen - Aye Councilmember Orton - Aye Councilmember Whatcott- Nay The motion carried. PUBLIC HEARING/ORDINANCE: Public hearing to consider amendment to the General Plan Land Use Map to adopt the Master Plan of the South Block area containing 2,682.92 acres which will include designations for very low density, low density, medium density, and high density residential developments, commercial, industrial, open space, and designations for related development located north of the Arizona border in the southeast corner of the City. Leucadia Corporation, applicant. Community Development Director Bob Nicholson advised that City policy provides that amendments to the general plan are considered on a quarterly basis, and the general plan land use map provides the City?s long term intentions for land within the City. The amendment process allows the Planning Commission and City Council to determine how land use designations affect adjoining parcels. Mr. Nicholson advised the property in question was annexed to the City one year ago, and the proposed land use map includes a variety of land uses ranging from very low density up to one unit per acre, medium density, high density, a town center, a golf course, and airport-friendly uses. Leucadia has modified its original plan in the airport approach zones at the request of the City?s airport consultant to eliminate residential uses on the north side of the southern corridor. Leucadia has also made provisions to accommodate the second runway, and will have commercial and office uses in this area. The plan is conceptual at this time, and densities and dwelling units allowed will be fine tuned in the future. 70 acres is located within the Ft. Pearce Wash, over 200 acres have slopes above 40% and are not buildable, 110 acres is located within the proposed southern corridor, 12 acres in airport roads, 265 acres in a St. George City Council Minutes May 18, 2000 Page Nine proposed golf course, and over 1000 acres in open space. The Planning Commission recommended approval of the conceptual plan. Jeff Morby, applicant, advised this conceptual plan is the sixth edition of the plan. He advised Leucadia is dedicated to develop the area in a way acceptable to the direction of the City. He advised the town center and all development would comply with a pedestrian-friendly concept. He advised Leucadia preferred a zoning designation of R-1-10 when the property was annexed to the City, but at the City?s request agreed to a zoning designation of Mining & Grazing as a prelude to an acceptable plan. Councilmember Gardner expressed appreciation to Leucadia Corporation for finding a workable solution. Larry Pinnock, representing Leucadia Corporation, stated their goal is to have a majority of the residents of the area live within a five minute walk of the town center. Mayor McArthur opened the public hearing. Bruce Hannihan advised he was concerned with pending planning issues and the development?s distance from existing City infrastructure. He stated that approval of the project would give developers a message inviting sprawl miles from the City center which will require huge amounts of infrastructure, utilities, and transportation. He suggested if the project will not be developed for 5-10 years, that it be included when the general plan is modified at that time. He advised approval of this project would set a precedent for creation of uncontrolled growth. Anita Painter advised she witnessed uncontrolled growth in Orange County, California and hated to see it happen here. She stated she was interested in quality of life and was thrilled to hear about the new urbanism philosophy. She stated that alternative plans were available now and could be incorporated into a large plan of long duration. Mayor McArthur explained how the South Block property came into the City. He advised the proposed plan for this property is general in nature and not specific at this time. Councilmember Gardner advised that any Council action would not preclude future discussions, but would open the door for more interaction and planning. City Manager Gary Esplin advised the master plan is very general and the property will not be zoned until plans have been seen. Plans are not being asked for as part of the master plan approval process, but are merely setting the stage for the next step in the future. As far as infrastructure, the applicants will have to front the costs of all infrastructure without participation from anyone else. Councilmember Allen commented the property could be sold, and whoever purchases it may not have the same plans for it. City Manager Gary Esplin explained the proposed plan shows densities that conform to the airport. Jeff Klein explained he is a landowner adjoining Leucadia?s property, and as a landowner it is to his benefit not to place guidelines on his property at this point in time. However, he realized this was a great opportunity for participation by Leucadia in the new urbanism philosophy. He asked for additional time within which to try and work through an agreement with Leucadia to encourage landowners to carry out the same mission statement. St. George City Council Minutes May 18, 2000 Page Ten Larry Pinncok advised that Mr. Klein and Leucadia met on this issue, and the only way to enforce design and development of an area is from the municipality down. He stated that development is market driven, and at this time Leucadia is unwilling to place any deed restrictions on its lands as no one knows where the market will be in ten years. He stated it would be premature and unfair at this point to make those kinds of impositions on their land. However, if the same requirements were placed on all other landowners, he would be willing to have them placed on his. Mr. Klein stated he had no problem with passage of a resolution as opposed to a deed restriction, and suggested the City Council wait 30 days before taking action. Mr. Pinnock advised a resolution could be made at any point in time, but he opposed passage of a resolution that would interfere with the development process as it relates to Leucadia?s parcel. He reiterated he would be amenable to requirements being placed on their property if the same requirements were placed on all other property and everyone were subject to the same requirements. However, he stated he felt it was premature to be specific about zoning at this time. Mr. Pinnock advised that this project will follow development of the airport, and therefore it did not make economic sense to install infrastructure all by itself. Councilmember Gardner commented he did not think the proposed plan should hinge on a deed restriction that would cloud the property. There being no further public comment, Mayor McArthur closed the public hearing. Jeff Klein commented if infrastructure were years out, why couldn?t 30-90 days be taken to see if a resolution could be formulated to create a text for new urbanism to eliminate auto usage and incorporate state-of-the-art design standards. He stated he feared the next buyer would not want to adhere to the same design standards. Mayor McArthur again closed the public hearing. A motion was made by Councilmember Whatcott to approve by ordinance the amendment to the general plan land use map as requested. The motion was seconded by Councilmember Orton. Councilmember Gardner commented he hoped dialogue between the parties would continue. Councilmember Orton commented Leucadia Corporation has been in the process of master planning this area for a year and a half. Councilmember Whatcott amended his motion to include the suggestion by Councilmember Gardner that the parties continue to communicate. Mayor McArthur called for a roll call vote, and all voted aye. Mayor McArthur called for a five minute break. PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an amendment to the General Plan Land Use Map by changing the designation from high density residential to professional office and commercial on 11.26 acres located at the planned intersection of Riverside Drive and 1200 South. Ence Homes, applicant. St. George City Council Minutes May 18, 2000 Page Eleven Community Development Director Bob Nicholson advised the general plan calls for high density residential zoning, but the applicant has requested to have a professional office designation on the north side of Riverside Drive consisting of a one story professional office, and C-3 zoning on the south side of Riverside Drive. The City would prefer to have open space zoning on the south side. The Planning Commission recommended approval. Neighbors were present at the Planning Commission meeting and most felt good about the one story office building as the neighborhood would be finished off and cleaned up. The City does not want strip commercial down Riverside Drive and would like to keep the north side as a transition area. This proposal would accomplish that. Vince Clayton, representing Ence Brothers Construction, advised a single level professional office building would be unobtrusive to the adjacent residential area. Drainage problems will have to be taken care of. In addition, they are proposing that property north of the floodplain be designated commercial, but they will commit not to build on the parcel, but improve it with landscaping, parking, and berming, which is required for the commercial building on the adjacent parcel. Mayor McArthur opened the public hearing. John Kesler, a resident of the Village Townhomes, expressed concern that the entire complex would be surrounded with commercial. He stated he did not want 1200 South connected to Riverside Drive, and keeping it closed would allow for more parking for the proposed building and help shelter residents from noise. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Gardner expressed concern that not connecting 1200 South to Riverside Drive would be a detriment to the area. City Manager Gary Esplin advised a response would be premature as the applicant would have to come back with detailed plans at a later date and the City Council is simply considering an amendment to the master plan. Engineering staff is not present nor prepared to respond to Mr. Kesler?s suggestion. A motion was made by Councilmember Gardner to approve the amendment to the General Plan Land Use Map, by ordinance, as requested. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an amendment to the General Plan Land Use Map by changing the designation from low density residential to commercial on 2.19 acres located at the southwest corner of the planned intersection of 1400 West and Snow Canyon Parkway. Allan Carter, applicant. Community Development Director Bob Nicholson advised it is the intent of the City to not have strip commercial along Snow Canyon Parkway. The Planning Commission recommended approval. Neighbors were present at the Planning Commission meeting and expressed concern about the scale of the project. Corey Kinder with Bush & Gudgell, advised they have tried to work with the neighborhood and City to create a downsized commercial area so as not to create a full strip mall along Snow Canyon Parkway. St. George City Council Minutes May 18, 2000 Page Twelve Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. Councilmember Whatcott stated he believed the proposed project was counter to the City?s intentions for Snow Canyon Parkway, and he made a motion to deny the request. The motion died for lack of a second. Councilmember Orton requested clarification from City Manager Gary Esplin on the City?s plan for the area. City Manager Gary Esplin advised it was the City?s intent that the corner of Dixie Drive and Snow Canyon Parkway be designated commercial, as well as the corner of U-18 where the roads connect. He advised his personal opinion is that the request would result in spot zoning, and a convenience store at that location would not be able to acquire a beer license because of its proximity to a park. Deputy City Attorney Ron Read advised the City closed on property at this location for a park and received the deeds today. City Manager Gary Esplin commented he was not sure this was the appropriate location for a commercial use because of its proximity to a park and surrounding residential zoning. Councilmember Gardner inquired if the applicant knew the City was purchasing nearby property for a park. City Manager Gary Esplin advised that the applicant knew this, and it is also indicated on the master plan. Community Development Director Bob Nicholson advised the applicant is aware of the proposed park. Mayor McArthur advised the concept for Snow Canyon Parkway was to have limited commercial. Community Development Director Bob Nicholson advised he was concerned about the scale of the proposed project, a conceptual two story office building, and commented that it is out of scale with surrounding neighbors. Deputy City Attorney Ron Read advised the applicant, at the Planning Commission meeting, said the project would be a good transition to the busy intersection because no one would want a home on the corner. City Manager Gary Esplin advised the intersection is only serving the Royal Oaks Subdivision and does not go across the wash. Community Development Director Bob Nicholson stated the neighbors would like to see 1400 West closed off, and traffic engineers agree with them as they do not want three streets so close together off Snow Canyon Parkway. Councilmember Orton made a motion to deny the request. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a roll call vote as follows: Councilmember Whatcott - Aye Councilmember Orton - Aye Councilmember Allen - Aye Councilmember Gardner - Nay The motion carried. St. George City Council Minutes May 18, 2000 Page Thirteen PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an amendment to the General Plan Land Use Map by changing the designation from medium density residential to commercial on seven acres located on the southeast corner of 1680 East and 280 North. Larry Belliston, applicant. Community Development Bob Nicholson advised the general plan land use map shows the property as medium density residential. The applicant would like the designation changed to commercial, and is also requesting a zone change from R-1-10 to C-2. Surrounding property owners consent to the zone change. The property is bordered on the west by the Middleton Wash, and commercial development of this property will not have a ripple effect. A public street will extend along the wash and tie to the Foxborough Project. The Planning Commission recommends approval of both requests. Larry Belliston, applicant, advised he is working with City staff to install a trail system and provide parking access to the trail system. He read a letter in support of the project from Rocky Mountain Company, an adjacent landowner. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. Councilmember Allen made a motion to approve the amendment to the general plan land use map, by ordinance, as requested. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider a request for approval of a zone change from R-1-10 Single Family Residential to C-2 Highway Commercial on seven acres located on the southeast corner of 1680 East and 280 North. Larry Belliston, applicant. 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 zone change by ordinance as requested. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. DISCUSSION ITEM - BUILDING BEHIND POLICE STATION: Mayor McArthur stated that the color of the building being constructed behind the police station is not as anticipated by the City Council. The rendering shown to the Mayor and Council previously is not the same color. The Mayor and Council were under the impression the color of the building would be dark to blend into the Red Hill behind it. He advised he has received many negative comments about the color of the building and how it stands out against the hillside. Steve Brown advised he was caught off guard because he has not heard any negative comments about the building, and the rendering shown to the Mayor and City Council was not substantially different than the present color. Councilmember Allen advised she was surprised at the color of the building, and in discussions with neighbors, advised them the building would blend into the hill and that was the reason the City Council approved the extra St. George City Council Minutes May 18, 2000 Page Fourteen height adjustment. She stated the color of the building is different from the rendering and discussions. Ron Bracken advised that when they came to the City Council for approval, it was for a height variance only, and color was never discussed. He advised they tried to be conservative in the color, and when the rock is installed and the building is landscaped, it will be a beautiful building. He advised the rendering shown the City Council was to show the idea of the building only. Councilmember Allen stated color was discussed when the City Council made an on-site visit, and during the Planning Commission meeting comments were made that the building would blend well with the hillside. She said there is a discrepancy between what color the City Council thought the building would be and what it is now. Councilmember Gardner commented it was the City Council?s understanding the building would be substantially darker that it now is, and that it would blend into the hillside. This was discussed as far as back as when the trade of properties was discussed. He advised he had received some negative comments about the color of the building. He inquired about a resolution of the matter. Mayor McArthur advised when he met with Gary Tooke, Mr. Tooke advised the color of the building came out lighter than he thought it would be. Mayor McArthur suggested the segment of building could be redone and made to blend into the hill. Councilmember Allen advised she has heard from residents that the color stands out. Councilmember Gardner advised the color of the building is so much of a contrast against the hills that it is a negative thing and does not fit. He advised he was hopeful something could be done to soften the effect. Mr. Bracken replied it would take at least $10,000 to change the color. Mayor McArthur advised he would not want future generations to say the project does not look good for the community, and while the building is beautiful, the color does not fit. Councilmember Orton advised the City Council went out on a limb in approving the project as there was opposition to the building. The City Council unified behind the applicants with the intent the building would blend into the hill. He inquired if something could be done to satisfy everyone. Ron Bracken advised the rock work will cause the building to blend into the hillside. Mayor McArthur commented the rock work would not cover enough of the building to cause it to blend into the hillside. City Manager Gary Esplin commented the City went out on a limb to approve the project and exchange property with the applicants. He stated everyone was surprised at the magnitude of the building, and if the City had realized how huge the building would be, the City might not have been as accommodating. He explained a commitment was made that the building would blend into the mountain behind it, and while there are no legal requirements, there should be some way to work it out. St. George City Council Minutes May 18, 2000 Page Fifteen Mayor McArthur advised this would affect dealings with the applicants in the future as no resolution of the matter has been able to be reached. Councilmember Gardner commented there is no legal basis for the City to require the color to be changed, and suggested both parties contribute funds to change the color and solve the problem. City Manager Gary Esplin commented if the building were a reddish-brown color and blended into the hillside, it would not appear to be as massive. However, its size is not the problem, just the color. Councilmember Gardner was excused from the meeting. Gary Tooke inquired if the Council preferred brown or red tones. Mayor McArthur advised it should be reddish to blend with the hill. Mr. Tooke expressed concern that the reddish color would not be satisfactory and complaints would again be made about it. Carol Sapp suggested a photograph be taken against the background and the color changed with computer graphics to see which is best. Rod Rasmussen stated he worked with Kayenta on coloring and it is very tricky. He advised computer graphics would not work, and suggested painting swatches of different colors and viewing them from different areas of town. He advised that Kayenta?s colors could be used as samples. Ron Bracken advised there are seven owners of the building and he would have to check with them for their consensus. Mayor McArthur advised all in attendance that any action by the City Council would have to be unanimous as there were only three Councilmembers present. He advised that anyone scheduled on the agenda could have the option of having his or her item tabled until the next agenda if desired. APPEAL OF PROVISIONS OF SIGN ORDINANCE: Consider an appeal to the provisions of the Sign Ordinance for entrance signs at Ancestor Square. City Manager Gary Esplin advised the proposed signs are in opposition to the present Sign Ordinance, and the applicant is appealing the decision of the Sign Review Board. Community Development Director Bob Nicholson advised the proposed signs are significantly larger than allowed and would not be a minor variance from the ordinance, so the matter was referred to the City Council. The proposed signs are 17.5 sq. ft. and the ordinance limits them to 6 sq. ft. The applicants would like to locate the signs on 100 West, 200 North, and Main Street. He advised the requests may be justified on 100 West and 200 North, but the buildings and driveway are very obvious on Main Street and there is no real justification for them. Mayor McArthur agreed the parking area is very visible from Main Street, and suggested the possibility of smaller signs at Main Street, and approving the larger signs on 100 West and 200 North. Rod Rasmussen, President of the Ancestor Square Merchants? Association, advised the problem with Ancestor Square has been access and parking. The recent renovation helped, but there is no grand entrance to the project. He advised the sign on Main Street would be the most important sign and the size is vital. St. George City Council Minutes May 18, 2000 Page Sixteen Sherry Thompson, owner of two businesses in Ancestor Square, advised the elderly are confused on Main Street and the main entrance to Ancestor Square is just a driveway between parked cars and the signs are crucial to aid directions. A directional sign has to stand out, and she designed the signs which follow the theme of the tower design. Community Development Director Bob Nicholson advised that part of the signs will be below ground, and only 5' will extend above grade. There are other options such as smaller signs similar to Kinko?s. He advised consistency over the long run must be considered as the City has been trying to minimize the number of free-standing signs. He advised he still felt there were enough Ancestor Square signs on Main Street. City Manager Gary Esplin stated the signs did not appear to be parking signs, but rather signs indicating business locations. The sign would then be an advertising sign, not a directional sign. He suggested that landscaping could be removed to incorporate an entrance sign and widen the entrance off Main Street. Councilmember Allen inquired of Ms. Thompson if she felt smaller signs would be as effective. Sherry Thompson replied the main purpose for the signs is to act as directionals, and the proposal to widen the entry is not feasible. Councilmember Whatcott commented the main entrance to Ancestor Square is off St. George Blvd., and the large sign on the waterfall would be removed and a big entrance created. Rod Rasmussen advised the main entrance is off Main Street, not St. George Blvd. Councilmember Orton commented that while the City Council wants to help the success of businesses, he did not feel the Sign Ordinance should be changed to accommodate the request. City Manager Gary Esplin advised the City would set a precedent if it approved this request, and all others would then have to be allowed. He commented Brooks Pace was on the Sign Board when the sign dimensions were finalized, and while Ancestor Square is vital to downtown redevelopment, the larger signs are not necessary. Councilmember Allen inquired what size sign would be acceptable to the City. Community Development Director Bob Nicholson replied driveway signs can be six sq. ft. Councilmember Whatcott inquired if the sign could be scaled down to the size of a public parking sign and placed in the right-of-way to direct traffic to parking in Ancestor Square. Community Development Director Bob Nicholson replied the sign could only be located outside of the right-of-way behind the sidewalk. Councilmember Orton commented he was not sure the City could turn anyone else down if this request were granted, and the City would lose all it has gained in the Sign Ordinance. He made a motion to deny the request, but suggested the applicants come back with something to meet the ordinance. The motion was seconded by Councilmember Whatcott, and all voted aye. St. George City Council Minutes May 18, 2000 Page Seventeen REQUEST FOR VARIANCE FROM SIGN ORDINANCE: Consider a request for a variance from the Sign Ordinance for a pole sign for the Rimrock Marketplace on River Road. City Manager Gary Esplin explained the City recently approved an amendment to the Sign Ordinance allowing only monument signs along River Road from 300 South to 700 South. Lowe?s is locating on River Road with part of the mall project in the area where pole signs are allowed, and part in the area where monument signs are required. They are requesting that the City vary the beginning and ending of the monument sign requirement and allow them to have pole signs. Bob Moore of Woodbury Corporation, representing Lowe?s, advised that Lowe?s would be happy with 35' pole signs, and would like uniform signs throughout the project. There will not be a collage of pole signs, but three only throughout the project - one for Target, one for Lowe?s, and one advertising the remaining box tenants. He explained the signs will not be a metal pole with a sign on top, but will coordinate architecturally with the project. Landscaping will also be provided around the signs. Councilmember Orton stated he felt it would be in the best interests of the City to allow the pole signs for the major shopping center on River Road. City Manager Gary Esplin commented the property where Lowe?s ends could be the beginning the corridor requiring monument signs. Community Development Director Bob Nicholson commented that one of the points raised when the corridor was created was where it should begin, and no definitive answer was decided upon, so staff went with 300 South. The ordinance could be amended and a variance would then not be necessary. The corridor could begin at 500 South and go south, with one sign allowed per block. A motion was made by Councilmember Whatcott to approve the variance to the Sign Ordinance as requested, to a maximum of 35'. The motion was seconded by Councilmember Orton, and all voted aye. REQUEST FOR BEER LICENSE AND WAIVER OF DISTANCE REQUIREMENTS: Consider a request for approval of a beer license for the Bluffs convenience store on Bluff Street, and a waiver of the distance requirements contained in City ordinance. Doug Chamberlain, applicant. City Manager Gary Esplin explained the City?s Beer License Ordinance prohibits issuance of a beer license to an establishment located within 600' of a school, park or church. Shawn Ferris, attorney for Doug Chamberlain, applicant, explained his client began development in December, 1999 and at all times had plans for the Sinclair convenience store to be part of the development. U. S. Bank required a letter from the City stating that the business was in compliance with all City ordinances, and this letter was issued by the City. Mr. Chamberlain was advised by Associate Planner Jim McGuire the convenience store would need to be 600' from a park or school in order to have a beer license. Mr. Chamberlain is seeking a Class ?A? license, the minimum type for beer sales. The ordinance, however, requires that a beer licensee be 600' from churches too. However, McGuire?s Restaurant had a liquor license, and the Texaco right across the street from the church has a beer license. He advised City ordinance provides that the City Council may make a variance and allow a Class ?A? license. The proposed convenience store is a small profit margin business and has to sell beer to succeed. He St. George City Council Minutes May 18, 2000 Page Eighteen advised issuance of this license would not impair the purpose of the alcohol licensing statute, and the development is a very high quality one. Councilmember Whatcott advised that Mr. Chamberlain?s beer license application states the business must be located 600' from any school, park or church, and Mr. Chamberlain indicated his business was 600-700' away from any of those, so he must have been aware of the requirement at some time. Associate Planner Jim McGuire advised his practice has consistently been to send people seeking beer licenses to the Legal Department. He stated he would not have made the statement as alleged by Mr. Ferris because he did not know the exact distance requirement. He advised that a mini mart is a permitted use in that zone, and he indicated so in his letter to U. S. Bank, and it is up to the business whether beer or liquor is sold. If the applicant wants to sell beer, he must comply with the requirements. City Manager Gary Esplin explained the Texaco convenience store was grandfathered in as an existing use, but he believed the City granted local consent for a restaurant liquor license to McGuire?s after the church was located there. He stated he did not remember the basis for such approval, or the reasons why, but the subsequent owners of the business have come in for a liquor license and have been told they must meet the requirements of the existing ordinance. Deputy City Attorney Ron Read advised Jeff Cox from the Brandin? Iron operated for one year without a beer or liquor license, and when he came in for an application, he was told he could not get one because the old one had lapsed. City Manager Gary Esplin inquired how the distance is measured, property line to property line, etc. Deputy City Attorney Ron Read replied if the distance is measured from entrance to entrance, it is about 600'. He explained the State has two measurements - one within a normal walking path, (which would be about 300'-350' for this applicant), and the other is for normal vehicle traffic pattern (this would be about 400' for this applicant). If the measurement fails on one, it fails on both. Both measurements must be met. Mr. Read advised the applicant meets neither tests. The City has taken a less aggressive approach and if the applicant can meet State requirements, it can meet the City?s. Mr. Chamberlain explained the proposed project was a team effort, and three separate layouts were prepared and submitted to the City. Each had the convenience store on it, and never was any mention made of compliance with the distance requirements, nor was any mention made of this requirement in the letter to U. S. Bank provided by the City. He advised he did not apply for the license until one month ago, and was not informed of the requirement until after the project was done and equipment ordered. Mayor McArthur commented the developer must bear some responsibility to know what the ordinances are. Mr. Chamberlain stated that even building inspectors do not know all the building codes. Councilmember Orton stated he has built three grocery stores, and never once did a City ask him if he was sure he could sell beer. He stated that was his responsibility. He advised that every city in Utah has an ordinance on how close a beer licensee can build to a school, park or church. St. George City Council Minutes May 18, 2000 Page Nineteen Mr. Chamberlain explained this was the first convenience store he has built. Councilmember Orton inquired of Mr. Chamberlain of the date when he filled out his application for a beer license. Mr. Chamberlain replied it was March 13, 2000. Councilmember Orton stated that someone filled out the application and indicated the store was 600'-700' from a church, school or park, and that someone knew at that time about the requirement, and that should have been a red flag. Mr. Chamberlain stated that by then the product was already in the ground, designed, and approved. Councilmember Whatcott commented the local engineering firm for the project should have been knowledgeable about the distance requirement. Associate Planner Jim McGuire advised the applicant wanted the corner for the gas pumps, but the Zoning Ordinance does not say anything about liquor. He stated he met several times with Mr. Chamberlain, but again stated he did not know the distance requirement, just that there was one, and that he referred Mr. Chamberlain to the Legal Department. Mr. Chamberlain stated the request was made in Mr. McGuire?s office, and not in planning staff meeting. Mr. McGuire again stated he would not have informed Mr. Chamberlain of the 600' distance requirement because he did not know it. Mr. McGuire stated that when it came to beer and liquor licensing, he always referred applicants to the Legal Department. Deputy City Attorney Ron Read stated the Legal Department was not contacted by Mr. Chamberlain, nor was the Business License Officer. The first time the City was aware of the problem was one-two weeks ago when the actual beer application was submitted to the City. City Manager Gary Esplin stated he thought the City bore some responsibility, but he did not realize what the project was until he saw the gas pumps installed and realized it would be a convenience store. He stated it was unfortunate the project had progressed this far when it could have been stopped in the planning process. He stated there is as much obligation on the developer too. He stated the spirit of the ordinance is to keep beer sales away from churches, but the City already has beer sales closer to the church than this project. He inquired if the intent of the ordinance would be violated when there is an existing beer licensee across the street. He advised that State law does not govern local law, and although this does not negate the fact there is an ordinance, it does allow the City Council to vary the ordinance in extenuating circumstances. Mayor McArthur commented that granting the license might invalidate the City?s ordinance. City Manager Gary Esplin commented it could be granted because there is already an existing beer licensee closer than 600' feet to the church, but it would be setting a precedent. Deputy City Attorney Ron Read advised the ordinance does provide for a variance, and he read the language from the ordinance. He advised that the City Council would have to determine if all criteria were met in order to grant the variance. St. George City Council Minutes May 18, 2000 Page Twenty Mayor McArthur inquired if a public hearing would be needed. Deputy City Attorney Ron Read replied that a public hearing would be required. City Manager Gary Esplin advised the City Council had no choice but to deny the request tonight, but it could be advertised for a public hearing to be reconsidered. Councilmember Orton commented the convenience store would be a great asset to that end of town, and he would feel better about going through the public hearing process rather than simply denying the request. He still had real concerns, however, and inquired of legal counsel how this would affect other applicants and other areas of town. City Manager Gary Esplin advised the City has never had an applicant similar to this who could apply for a variance, and he did not believe the City was creating any liability for itself. Shawn Ferris stated the applicant is requesting a minimum Class ?A? license, which is different from an on-premise license, and there is reason and justification for the variance and it can be granted without substantial detriment to the purpose and intent of the law. He requested that a public hearing be scheduled. Councilmember Whatcott commented he did not believe ignorance on the part of the applicant was justification for issuance of the license, and when all is said and done, the burden sits on the shoulders of the developer and/or applicant. He stated he believed the project would be positive for Bluff Street, but since only three Councilmembers were present, the best option would be to hold a public hearing. A motion was made by Councilmember Whatcott to schedule the public hearing for June 1, 2000. The motion was seconded by Councilmember Orton, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held April 20, 2000. A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. Consider approval of the minutes of the special City Council meeting held April 27, 2000. A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. Consider approval of the minutes of the regular City Council meeting held May 4, 2000. A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss possible litigation was made by Councilmember Allen. The motion was seconded by Councilmember Whatcott, and all voted aye. St. George City Council Minutes May 18, 2000 Page Twenty One RECONVENE AND ADJOURN: A motion to reconvene and adjourn was made by Councilmember Whatcott. The motion was seconded by Councilmember Allen, and all voted aye. The meeting adjourned at 9:45 p.m. _____________________________ Gay Cragun, City Recorder