City Council Minutes

Thursday, June 1,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JUNE 1, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Larry Gardner Councilmember Bob Whatcott Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Rod Orton City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Mayor McArthur, and the invocation was offered by Sarah Urie. Mayor McArthur praised the Fire Department for their response to the fire at the Promenade, and advised their response time is consistently under the state average of six minutes. Mayor McArthur congratulated employees of the week, Jennifer Mecham and Ken Head, who work in the 911 Communications Center. Mayor McArthur read a proclamation proclaiming the week of June 3-10 as National Homeowners Week. Councilmember Isom arrived. Mayor McArthur recognized State Champions Snow Canyon High School Girls' Softball Team and congratulated them and their coaches on their success. Mayor McArthur advised that Item 6A7, an agreement with Washington County for mosquito abatement, was tabled from the agenda. AWARD OF BID: Consider award of bid for the purchase of a portable electric hydraulic screening plant for the Public Works Department. Purchasing Agent Sue Swensen advised she sent out six invitations to bid, but only one bid was received from Komatsu Equipment in the amount of $50,665. She recommended award of the bid to Komatsu Equipment in the amount of $50,665. City Manager Gary Esplin advised this screener will be used at the City's reuse center and will allow the City to recycle used cement and other products for reuse on other City projects. This screen will pay for itself in a short amount of time. It will be set up and tested before accepting products for recycling from the general public. He advised that money received from return of the striping machine has been earmarked for this project and will pay half the cost of the screen. Councilmember Whatcott inquired why only one bid was received. Ms. Swensen replied the other firms did not feel they had a machine to meet the needs of the City and therefore did not bid. A motion was made by Councilmember Whatcott to award the bid to Komatsu Equipment in the amount of $50,665. The motion was seconded by Councilmember Orton, and all voted aye. ABANDONMENT RESOLUTIONS: Consider approval of a resolution abandoning an easement along Lots 50 and 51 in the Canyon View Ridge Subdivision. St. George City Council Minutes June 1, 2000 Page Two Consider approval of a resolution abandoning an easement between Lots 62 and 63 of the Santa Maria Subdivision. City Manager Gary Esplin explained the applicant would like to combine lots to make one larger lot, and staff has reviewed the request and concurs. Necessary easements will be provided when the property is re-platted. A motion was made by Councilmember Allen to approve a resolution abandoning the easements as requested. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a roll call vote, and all voted aye. WCIA LEASE REVENUE BONDS RESOLUTION: Consider adoption of a resolution approving the issuance by WCIA of its lease revenue bonds to finance a natural history museum and a tourist information center, approving the execution of sublease agreements with Washington County, approving the execution of management services agreements, approving the execution of subordination agreements, approving the execution of a natural history museum sublease, approving the execution of a co-tenancy agreement and related agreements. City Manager Gary Esplin advised the Dixie Center is governed by the Washington County Interlocal Agency comprised of the County (62%) and the City (38%). In creation documents, any capital expenditures such as expansion, etc., have to be approved by the St. George City Council and Washington County Commission. The Board is made up of the County Commission, Sharon Isom, Gary Esplin, Dan McArthur and Paul Harker. In order to incur financial debt for the facility, approval of both entities is required. It is proposed the Dixie Center be expanded through a low interest loan to the WCIA from the Community Impact Board to construct a tourist information center and wildlife museum and auditorium. It will then be subleased back to Washington County. Documents have been prepared by the City's bond attorney and there will be no additional obligation except an additional $800,000 which will be recouped by admissions to the museum as well as grants and an increase in payments from the County transient room tax. Mayor McArthur commented there is a perception the Dixie Center is funded by taxes, and this is not true. Mr. Esplin advised the Dixie Center's primary source of revenue is from receipts for lease of the facility. The second source of revenue is from the County who is responsible for 62% of the shortfall. The City is contributing 1% from revenue generated through the motel tax, but this amount may have to be increased through additional revenue received in sales tax by people using the facility. Councilmember Gardner inquired about the possibility of housing the dinosaur tracks in the new addition to the Dixie Center. Mr. Esplin replied this was still being discussed. He advised the World Wildlife Foundation is paying for the cost of improvements to the facility where the animals will be showcased, in addition to donating the animals, and the only cost to the WCIA will be for additional space to be utilized as part of the convention center and for the auditorium. The total cost of the wildlife museum is being paid for by the Foundation as bonds will be issued and the guarantee for the bonds will be the Foundation's assets and Mr. Rosenbruch's donations. City Attorney Jonathan Wright advised a motion for approval of the resolution should also include approval of sublease and subordination agreements. A motion was made by Councilmember Gardner to approve the Resolution as presented, including the various related agreements. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, and all voted aye. St. George City Council Minutes June 1, 2000 Page Three RESOLUTION ADOPTING STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION: Consider approval of a resolution adopting the City of St. George Standard Specifications for Design and Construction (2000). Mayor McArthur advised a committee was formed three years ago to discuss design criteria and adoption of standards, and comments have been received from the Southern Utah Homebuilders Association. Carol Sapp, representing the Southern Utah Homebuilders Association, advised their concerns have been narrowed to 13 specific issues which need further discussion before adoption. She advised she was supportive of the remainder of the specs, but requested that the issues in question not be adopted until resolved. She stated a timeline for adoption should be established and committed to, and she requested that City staff prioritize the issues for discussion, and that they be discussed in a work meeting on an individual basis. She then read the headings of the 13 items in question, and encouraged the City to be more flexible in looking at better designs without jeopardizing the public health, safety and welfare. Councilmember Isom inquired of City Engineer Dave Demas if the City had implemented the requirement for addition of lime to asphalt. Mr. Demas replied this requirement would be implemented within two weeks, if not sooner. He advised the concerns of the Homebuilder's Association were all specification related except for the thickness of asphalt, which relates to the proposed new street cross sections. If these items were deleted from the specifications at this time, the specs could be adopted without the proposed new cross sections dealing with planter strips, sidewalk width, modified curbs, etc. He advised the old cross sections could be used until new ones were adopted. Carol Sapp advised the requirement for an additional 1/2" of asphalt would result in additional cost without significantly improving the product. Rick Rosenberg inquired how adoption of the new specs would impact a project that already had an approved plat, and if changes in the asphalt requirement would be implemented right away. Mr. Demas advised he would like to see improvements in materials required as soon as the specifications were adopted. If a developer changed the design of a subdivision that already had preliminary design approval, this would significantly change the plat. Certain things could be implemented now relating to quality of product, but design and other feature which would change the economic picture for a developer who had the preliminary plat and construction plans approved could have a dramatic impact. A motion was made by Councilmember Isom to approve the resolution as presented, excluding the items as listed by the Southern Utah Homebuilders Association. The motion was seconded by Councilmember Allen. Mayor McArthur advised work meetings would be set up as soon as possible in order to complete the document. He called for a roll call vote, and all voted aye. SET PUBLIC HEARING: Associate Planner Jim McGuire advised that the Planning Commission, at their meeting held May 23, 2000, could not reach a consensus on whether to recommend a public hearing be scheduled for July 6, 2000 at 5:00 p.m. to consider a zone change from RE-20 to RE-12.5 on 35.523 acres located on 2550 East and 2450 South. Derrill Larkin is the applicant. The Planning Commission vote was 3 to 3. The applicant, however, wanted the request forwarded to the City Council for advertisement. St. George City Council Minutes June 1, 2000 Page Four A motion was made by Councilmember Whatcott to set the public hearing as requested by the applicant. The motion was seconded by Councilmember Isom, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for outside RV storage at 982 North Dixie Downs Rd. Pat Swanson, applicant. Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 23, 2000, recommended approval of a conditional use permit for RV storage at 982 North Dixie Downs Road. Pat Swanson is the applicant. The conditional use permit was approved May 20, 1999 but the improvements were never installed because of a conflict with a tenant. The site is located in a C-2 zone at Dixie Self Storage Center. There has been an RV storage area at the facility behind the businesses and mini-storage buildings for many years, so this is an expansion of RV storage. The proposed expansion is in front of the businesses along Dixie Downs Road. A preliminary site plan showing the fenced storage area and landscape areas was submitted and last year there was a discussion on the type of fencing and the conditions of the RVs that will be stored in the new area. The permit was approved subject to a formal review in one year and a weed barrier being installed under the rocks in the landscape areas. There have been no changes since the original conditional use permit, and no concerns expressed by neighbors. A motion was made by Councilmember Allen to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Gardner, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for therapeutic riding stables located in Little Horseman's Park at 3270 South 2150 East. Rhonda Wilkinson/Iris Schmutz, applicants. Associate Planner Jim McGuire advised the program will be for those with mental or physical disabilities, and the applicant will limit the number of clients to ten at one time. A site plan has been submitted, and the Planning Commission recommended approval. A motion was made by Councilmember Whatcott to approve the request. The motion was seconded by Councilmember Orton, and all voted aye. Rhonda Wilkinson, applicant, advised the program will benefit the physically and mentally handicapped of Washington County. She is applying for non-profit status, and the program will help improve the cognitive skills and provide physical therapy and muscular re-education, balance and coordination. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a Payday Loan office in a landmark office at 400 South Main Street. Kevin DeWitt, applicant. Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 23, 2000, recommended denial of the request. The applicant was not present at the Planning Commission meeting, but insisted it be placed on the agenda because it was mistakenly withdrawn by his agent at a previous meeting. The Planning Commission did not think the requested business was appropriate as proposed in this neighborhood. Councilmember Isom advised she would abstain from voting because of a possible conflict of interest. A motion was made by Councilmember Allen to deny the request as recommended by the Planning Commission. St. George City Council Minutes June 1, 2000 Page Five Councilmember Gardner expressed concern about denying the request without the applicant being present. Mayor McArthur advised he concurred with the recommendation of the Planning Commission and staff. The motion to deny was seconded by Councilmember Orton. City Attorney Jonathan Wright advised it was incumbent on the applicant to show a basis for the conditional use permit, and there are certain findings the City Council has to make based thereon, and if no one is present to effect any findings, the City Council would not be able to approve the request. Mayor McArthur called for a vote, and all voted aye except Councilmember Isom who abstained. LOT SPLIT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 23, 2000, recommended approval of a lot split for a parcel of property located between the AM/PM convenience store and the Fairfield Inn on Convention Center Drive. John Griffith is the agent. Parcel "A" will be 39,504 sq. ft. and Parcel "B" will be 70,594 sq. ft. The site is zoned C-3 and the necessary easements will be dedicated. Parcel "A" will have a reciprocal access easement with the Arco (AM/PM) parcel. A motion was made by Councilmember Orton to approve the lot split as recommended by the Planning Commission. The motion was seconded by Councilmember Gardner, and all voted aye except Councilmember Isom who abstained. PRELIMINARY PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 23, 2000, recommended approval of the preliminary plat for Sedona Hills, a 72 unit townhome project located in a recently approved PD zone at 1160 West Snow Canyon Parkway. Ence Homes is the applicant. The preliminary plat conforms to the conceptual plan of the PD. The applicant has met with the neighbors to see if additional concerns can be worked out. Some of the neighbors stated they would like the public road that runs through the west side of the PD to be terminated so that there will not be access to Snow Canyon Parkway from south of the PD. Staff does not agree with the requested road termination and did not see a plat of that proposed alternative until it was presented at the meeting. He advised it is usually better to have neighborhoods connect and to have multiple circulation options. The Planning Commission recommended approval subject to terminating the public road south of the PD with a culdesac, and with the approval of staff. They felt if the neighbors and the applicant wanted it that way, it would be a better solution and that it would be safer for equestrians to cross that road from the adjoining subdivision. One Commissioner stepped down because of a conflict. Vince Clayton representing Ence Homes, applicant, gave a history of the PD. He advised that as a result of neighborhood meetings, the road was cut off and a culdesac provided. He advised the Planning Commission unanimously approved the preliminary plat with the culdesac. He advised he met with staff who feel that connectivity and circulation is more important. By culdesacing, the number of lots would be increased by two, but instead it was decided to spread the additional space around the project to create more open areas and contribute to the livability of the project. He expressed concern about children and traffic, and said 1400 West is a more appropriate location for the traffic. City Attorney Jonathan Wright questioned why this item was not advertised as a zone change instead of a preliminary plat approval, and that another public hearing was necessary to hear from nearby residents. St. George City Council Minutes June 1, 2000 Page Six Associate Planner Jim McGuire advised the Planning Commission did not feel there was a significant change. City Attorney Jonathan Wright advised the applicant was making a zone change through the preliminary plat when the zone which was just granted showed a through roadway with a different lot configuration. Mayor McArthur advised any time a public road is closed, there is a significant change. City Attorney Jonathan Wright advised the change could not be effected through the preliminary plat, but through a zone change process. He advised the neighborhood had to be notified and provided the opportunity to express their views. Councilmember Gardner stated he felt there was a significant change since the neighborhood had previously expressed a great interest in keeping the road open. Councilmember Whatcott agreed with Councilmember Gardner. Mayor McArthur commented it was the consensus of the City Council there was enough of a significant change to warrant a zone change hearing. He inquired of Mr. Clayton if he wanted to proceed on the original plan or go through the zone change process. City Manager Gary Esplin commented a PD zone cannot be changed, and when a footprint is changed, this requires a different zone. Mayor McArthur advised the idea of a PD is to see what you're getting, and then get what you saw. Associate Planner Jim McGuire advised Mr. Clayton he could divide the project into phases, and since the east side of the project is the same as the original plan, proceed with plat approval on the east side only, and apply for an amended PD on the west side. Mr. Clayton advised he would like to follow the recommendation of Mr. McGuire. CeCe Harrison, a resident of Royal Point, advised many neighbors concur that making the culdesac would be a good idea. She advised if the road were connected, it would be unsafe for children and horses. Katie Davis, a resident of Royal Point, advised that she believed connectivity could be achieved without vehicular access, and another outlet on the Parkway is not needed. Councilmember Whatcott inquired how the preliminary plat could be approved if the roadway/culdesac issue could not be decided. He advised that the road could be eliminated entirely to eliminate access to Snow Canyon Parkway. City Engineer Dave Demas advised it is desirable to have two access points for every development for construction and emergency purposes. Vince Clayton requested the City Council act on the preliminary plat as approved by the Planning Commission, with an option to come and readdress the issue. Councilmember Gardner made a motion to approve the preliminary plat as approved by the Planning Commission. The motion was seconded by Councilmember Allen. St. George City Council Minutes June 1, 2000 Page Seven Associate Planner Jim McGuire advised the Planning Commission approved the preliminary plat which showed the culdesac. Councilmember Gardner clarified that his motion was for approval of the original preliminary plat showing the through-street. Mayor McArthur called for a vote and all voted aye. LANDSCAPE TRANSFER: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 23, 2000, recommended approval of a landscape transfer for a portion of the Black Ridge Commercial Center PD located west of Bluff Street and south of The Gardens South development. Les Stoker is the agent. The portion of the PD in question is where the new cinemas will be located. Section 17-6.7.A of the Zoning Ordinance allows for a landscape transfer from the 25' front yard landscape setback as long as the transferred landscaping is equal to or greater than the amount of landscaping required, and that the landscaping still be adjacent to the right-of-way. The proposed landscape transfer meets these requirements. 21,500 sq. ft. of landscaping is required along 250 West and 24, 798 sq. ft. will be provided. The applicant's agent stated the hardship related to the request is due to the sensitivity of reclaiming the site because of the slopes that have to be dealt with and getting the required parking to fit. The Commission agreed with the hardship. Les Stoker, applicant, advised that when the wall is finished, it will be landscaped, cleaned up and colored. He advised trees will be grouped to leave open spaces. A motion was made by Councilmember Gardner to approve the landscape transfer as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye. Mayor McArthur called for a five minute break. PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for approval of a zone change from R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size to R-1-7 Single Family Residential 7,000 sq. ft. minimum lot size on 22.266 acres located between Dixie Drive and Valley View Drive and between 100 North and the Santa Clara River. Clayton Leavitt, applicant. Community Development Director Bob Nicholson advised the applicant is proposing to leave the bottom portion of the property in R-1-10 zoning, similar to the adjacent Kevin Ence project. There are a total of 102 lots, and the project would have public roads. The applicant has met with neighbors. The Planning Commission unanimously recommended approval. Clayton Leavitt, applicant, advised that when he met with neighbors, there was an outcry for no more PDs in the area. All three sides of the proposed project are zoned PD, and that was the direction he was heading until he sat down with neighbors and they advised him they wanted public streets and sidewalks. He then decided to change his plan. Several of the lots in the south portion are 18,000 sq. ft. to over a half acre. When a configuration of R-1-7 zoning was used on the upper portion, 86 lots can be made with a density of 3.8 units per acre. The average lot size is approximately 9,000 sq. ft., and larger than those in Vista Del Sol. Councilmember Isom commented there is currently R-2 zoning on a portion of the property. Community Development Director Bob Nicholson stated R-2 zoning would allow duplexes on an 8,000 sq. ft. lot. Councilmember Orton inquired how many acres were zoned R-2. Mr. Leavitt replied approximately six acres are zoned R-2. St. George City Council Minutes June 1, 2000 Page Eight Councilmember Gardner commented he saw the proposal to change R-2 zoning to R-1-10 or R-1-7 as a positive move. Mayor McArthur opened the public hearing. Alan Harris, President of the Vista Del Sol Homeowners Association, advised he sent a letter to all City Councilmembers via e-mail, and inquired of Mr. Leavitt when the neighborhood meetings were held as he was never advised. He stated that Vista Del Sol is surrounded by PDs, and residents of Vista Del Sol do not want low cost housing nearby that will not be maintained to standards of the area. He stated property values would be affected. He advised a PD zone is preferred because it would be under the protection of CC&Rs. He also expressed concern about a considerable amount of fill dirt which was brought in and placed on the existing boundary of the project. He requested that nothing larger than one story homes be built on Mr. Leavitt's adjoining property, and advised PD or R-1-10 zoning for the entire area would be preferable. Councilmember Orton asked Mr. Harris if he would prefer R-1-7 zoning over R-2 zoning, because the applicant could now build duplexes completely around Vista Del Sol under the present R-2 zoning. Kenyon Gurr suggested the area be zoned PD, as anything not zoned PD would detrimentally affect everything that is there now. Councilmember Orton commented the applicant is requesting a zone change to R-1-7 and R-1-10, not PD. Mr. Gurr commented that equity and balance was needed, and the value of homes in the Vista Del Sol project are between $160,000 and $200,000. He stated that retirees are paying more than their share and subsidizing others. Councilmember Allen inquired of Mr. Leavitt how many lots are proposed to be zoned R-1-7. Mr. Leavitt replied he did not know for sure, but estimated half or a little less than half. Mr. Gurr commented that substandard housing would undermine Kevin Ence's project. Councilmember Gardner stated that while he recognized the resource of retirees and their expertise in many areas, he is sensitive to the value issue, and a place is needed for families. He advised that families are less inclined to locate in a PD because of the added expense of upkeep. Mr. Gurr commented that R-1-7 zoning would not necessarily be family friendly, and a PD would be neighborhood friendly. He stated the earth berm must be removed or leveled and the integrity of the wall maintained. He stated many things cannot be controlled in single family neighborhood, such as maintenance, design, junk cars, and junky yards. Reese Webster, a resident of Vista Del Sol, expressed concern with the berm. He stated the zoning proposed by Mr. Leavitt would allow construction of a two story building within 10' of his home. Mr. Gurr stated the developer should work with the neighborhood to keep them happy and protected. He suggested that Mr. Leavitt meet with them. Lou Chancellor advised that two story homes along the boundary of Vista Del Sol would have a negative impact on property values. Councilmember Gardner inquired of Mr. Chancellor if he understood that Mr. Leavitt could now build two story duplexes on the property. St. George City Council Minutes June 1, 2000 Page Nine Mr. Chancellor replied a restriction on height was needed and he requested a meeting with Mr. Leavitt. Mr. Leavitt advised that R-1-7 zoning would provide for much larger lots than in the surrounding PDs. He advised he always puts strong CC&Rs in place to enhance neighborhoods. He advised he did not know where the extra dirt complained of came from, but it will be used to fill in holes on the property. He stated he knocked on Mr. Webster's door several times but was never able to reach him, and he did go into his backyard and look over his fence. He stated he did not intend to put a 35' high home above the existing block wall. He advised he would have loved to do a PD, but the neighbors he spoke with requested an area for families. He stated he did not intend to build a two story unit within 10' of anyone's home as no one would want a 10' backyard. He stated the bare minimum would be 20-25' from Vista Del Sol if two story units were built. He stated he would build a quality project to compete with the market, and the project will enhance Vista Del Sol. Councilmember Isom inquired of Mr. Leavitt if he was going to move the berm so that it does not go above the wall. Mr. Leavitt replied the existing grade has to be matched, and it will gradually be brought down along the block wall to be compatible and fit in with what's already been built. Councilmember Orton inquired of Mr. Leavitt why he chose R-1-7 zoning. Mr. Leavitt replied it was because of the request of the neighbors he met with as they are totally against a PD and wanted R-1-7 or R-1-8 zoning to give variety to the neighborhood. Mayor McArthur commented that variety makes better neighborhoods. Mr. Webster inquired of Mr. Leavitt what the size and cost of his homes would be. Mayor McArthur commented that R-1-7 zoning would allow the developer to sell the lots and homes could then be built by the owners. Councilmember Orton stated the City Council cannot consider PD zoning, but must consider R-1-10 and R-1-7 as that is the request of the applicant. There being no further comments, Mayor McArthur closed the public hearing. Mr. Leavitt advised that not all of his studies have been completed, but it is his intention to build out the project and stay in the market range of $140,000 to $175,000 because that is the St. George market. Square footage will range from 1,400 sq. ft. to 2,500 sq. ft. Councilmember Gardner inquired if the R-1-7 lots had been designed. Mr. Leavitt replied the lot depths will be about 120' and close to 8,000-9,000 sq. ft. All lots on the upper elbow along the west wall are 8,000 sq. ft. and he would not build homes closer than 20' to the Vista Del Sol lots. Councilmember Whatcott inquired of Mr. Leavitt how he felt about deed restrictions as far as two stories on lots that border the elbow. Mr. Leavitt replied the market was tough enough, and given the fact the lots will vary from 115' to 130' in depth, a two story unit would be far enough away from the lot line. Councilmember Whatcott inquired of Mr. Leavitt if he would consider a distance restriction. St. George City Council Minutes June 1, 2000 Page Ten Mr. Leavitt asked if 25' would be sufficient. Mayor McArthur said that would be fine. Mr. Harris inquired if wetland issues had been considered as there is a wetlands designation on Mr. Leavitt's property. City Attorney Jonathan Wright advised this would be a development issue, not a zone change issue. Mayor McArthur advised wetlands can be dried up on private property. City Manager Gary Esplin suggested the possibility of an amended zone change to allow a PD zone for the neck of property as it would be difficult to build a subdivision because it is so narrow. Mr. Leavitt replied he already considered this but the neck area would not work well as a PD as it is not large enough. Mr. Chancellor advised if a PD were done in the neck area, a common area could be built in the center and a green area with trees and homes along each side of the PD provided. Councilmember Whatcott inquired of Mr. Leavitt why a PD would not work. Mr. Leavitt replied a homeowners association would then be needed, and he did not want to mix two different types of projects into one area. Also, the neighbors he spoke with did not want a PD. He stated a PD would be harder to market. Mayor McArthur advised the City Council has the option of deleting the neck portion from the request or deal with the request as is, but a PD could not be considered tonight. He advised the neck area could be left R-2 zoning and a zone change effected on the rest of the property. City Manager Gary Esplin advised this may result in a hodge-podge, and the neck area is totally surrounded by PD zoning. He advised from a planning standpoint it seemed more compatible as PD zoning, and no one wants R-2 zoning. Mr. Gurr commented if the property were zoned R-1-7 no one could control who the lots were sold to. He suggested postponing any decision and meeting with Mr. Leavitt to resolve the issue. Mr. Leavitt replied he had already spent 120 days working through the issues, and he would like the land to be part of one project as the proposed layout works well. Mayor McArthur suggested a deed restriction to prohibit two story homes in the east side of the road in the neck area. Mr. Leavitt stated if that were necessary to get the project approved, he could work with it. Councilmember Allen advised that a another project previously approved agreed they would not do any two story homes, and it seemed to work well for all concerned. She stated that if Mr. Leavitt would compromise and agree to not build two story homes on the east side of the neck, it would be a win-win situation for everyone. City Attorney Jonathan Wright advised a restriction in the CC&Rs was possible. City Manager Gary Esplin commented this could be required before the plat is approved. St. George City Council Minutes June 1, 2000 Page Eleven Mr. Leavitt agreed to not construct two story units on the east side of the neck area. He stated if that were the only way to get approval, he would agree. Councilmember Gardner commented he heard Mr. Leavitt say his project would be a quality one, and the sheer depths of the lots will deal with a lot of the concerns of the Vista Del Sol residents. He stated the lots are actually closer to R-1-9 size lots, and after Mr. Leavitt has met all requests of staff, the City is now asking him to give up further options. He expressed concern that the City was trying to regulate development more than it should, and he in good conscience could not require further restrictions on a development that is moving in the right direction to make something family friendly in the area. He made a motion to approve the zone change request by ordinance as requested. The motion was seconded by Councilmember Orton. Mayor McArthur commented that the first development in an area usually sets restrictions on and affects the way adjacent property is thereafter developed. He stated that while the City Council has to make sure people have reasonable use of their property, neighborhoods must also be accommodated, and the City is not trying to deny Mr. Leavitt use of his property, but is simply saying that in order to be compatible with the neighborhood, maybe only single story homes are appropriate in the neck area. Councilmember Gardner commented that family friendly zoning does not take away value from property, but rather enhances it, and he was not voting against the property when he made his motion. Councilmember Whatcott stated he was not opposed to what Mr. Leavitt was doing, but the City Council has required single story units in other parts of town where adjacent established developments were single level. He stated that restricting 10-12 lots in a 125 lot project to single story is not a significant burden in order to accommodate the neighborhood. He stated he believed the R-2 zoning that was placed on this property many years ago was simply a holding zone, and the only reason it hasn't been developed as a PD is because it is an odd-shaped piece. City Attorney Jonathan Wright advised that R-2 zoning would not prohibit single family homes from being built there. City Manager Gary Esplin advised the neck area is located between two high density PD projects, and looking at the entire area, R-1-7 zoning would be spot zoning because of the surrounding properties. City Attorney Jonathan Wright advised that R-1-7 zoning does not require deed restrictions, and inquired how they would be fashioned. Councilmember Gardner suggested the neck area be deleted from the zone change request and be left R-2, and the applicant could then do what he wanted to with the property. He made a substitute motion to grant the zone change by ordinance with a deed restriction to prohibit two story units in the neck area and on the east side of the proposed road which runs north and south. City Attorney Jonathan Wright again advised there are no deed restrictions under R-1-7 zoning, but if the applicant says he will do it freely and voluntarily, then it could be done. Mr. Leavitt stated he would freely and voluntarily place a deed restriction as requested. Mayor McArthur called for a roll call vote and all voted aye. Mayor McArthur called for a five minute break. St. George City Council Minutes June 1, 2000 Page Twelve PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for approval of a zone change from R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size to R-1-7 Single Family Residential 7,000 sq. ft. minimum lot size on 2.06 acres located at 1460 West Snow Canyon Parkway. Allan Carter, applicant. Community Development Director Bob Nicholson advised there is currently no R-1-7 zoning in the area, but there is R-1-6, R-1-8 and R-1-10 zoning. The General Plan Land Use Map recommends the area be low density residential, and R-1-7 zoning would fall within that category. The Planning Commission recommended approval. Councilmember Whatcott inquired why the applicant was slivering off a tiny piece of property for a rezone when he owned the entire parcel. Jim Raines of Bush and Gudgell Engineering advised the applicant previously had a proposal rejected for a commercial development on this property. He stated that after looking at the character of the nearby homes, the applicant's intent is to build the same quality type homes with tile roofs. The road was originally proposed to be a 66' collector road, but it had to be moved to 1400 West which resulted in an odd shaped piece. It also left two intersections right next to each other and has created a very dangerous situation as they are too close together. The turning lanes overlap, and the portion of road on Allan Carter's property is not dedicated. A culdesac is proposed so that property owners across the street are not impacted, and to do that an R-1-7 project lays out nicely. He stated this was a good compromise and good match for the neighborhood. 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 by ordinance the zone change as recommended by the Planning Commission. The motion was seconded by Councilmember Orton. A roll call vote was taken, and all voted aye. PUBLIC HEARING/AMEND PD AND ZONE CHANGE: Public hearing to consider a request for approval of a zone change to amend the Pheasant Springs PD located at 620 South Indian Hills Drive on the northern 12.61 acres and to change the zone from Pheasant Springs PD to R-1-7 Single Family Residential 7,000 sq. ft. minimum lot size on the southern 21.3 acres. Cary Blake, applicant. Community Development Director Bob Nicholson advised the project was originally approved in 1994, but after only 22 homes were built, it sat idle for four years. Many developers have backed away from the project as there is a lot of road frontage to improve and a canal must be covered. Indian Hills Drive must also be widened. The applicant has come forward with a proposal to terminate the PD and add 39 units to tie into the existing homeowners association and complete the project. The balance of the project will be an R-1-7 subdivision on 21.3 acres, and the PD would consist of 12.6 acres, for a total of 61 units in the PD. Mr. Blake indicates his intention is to donate some acreage to the City for a park and public road, and have some space for public parking. The homeowners in the PD would also have access and some recreation area within the PD. The Planning Commission recommended approval. The roads in the PD will be private, but wider than normal. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Councilmember Whatcott inquired about the density of Shadowcreek. Community Development Director Bob Nicholson replied it was about 6 units per acre. St. George City Council Minutes June 1, 2000 Page Thirteen A motion was made by Councilmember Gardner to approve by ordinance the amendment to the PD and zone change as recommended by the Planning Commission. The motion was seconded by Councilmember Orton. Mayor McArthur called for a roll call vote and all voted aye. PUBLIC HEARING RE VARIANCE TO ALCOHOL DISTANCE REQUIREMENTS: Public hearing to consider authorization of a variance from the distance requirements set forth in St. George City Ordinance No. 6-2-1994, Chapter 2, Title 5, Section 15 for the granting of an off-premise license to sell beer at the Sinclair gas station/convenience store located at the southeast corner of Bluff Street and 400 North. City Manager Gary Esplin advised this issue was discussed at the last City Council meeting. The current beer ordinance prohibits sale of alcohol, both on-premise and off-premise, within a 600' radius of any church, school or park. The applicant, Doug Chamberlain, has constructed the building within a 600' radius of a church, and although it is the applicant's duty to make himself aware of all City ordinances pertaining to his business, the City also has some obligation to inform the applicant of pertinent ordinances. There is also an existing off-sale beer license for a convenience store located closer to the church than this store would be. City Attorney Jonathan Wright advised State alcohol laws govern on-premise sales only. Shawn Ferris, representing the applicant, advised his client is asking for a Class "A" off-premise license for a convenience store. He distributed a map of distance measurements prepared by an engineering firm. He advised that under the City's ordinance a variance may be granted if a hardship can be shown. He advised there would be no substantial detriment to the intent of the ordinance as the Texaco convenience store across the street from the church currently sells beer. He stated his client's business will benefit the community as it is the only gas station/convenience store located on the east side of Bluff Street. Councilmember Isom commented the project also cleaned up the area. Mr. Ferris stated the area was previously a trailer park and an eyesore. The building is a handsome structure, and all recommendations of the City were complied with, including providing additional egress. Councilmember Allen commented the beer license application shows a date of March 13. She inquired of the applicant when the measurements were made. Mr. Ferris replied the building was already under construction by then, and it was assumed City staff would know beer would be sold there. Councilmember Allen replied that not all convenience stores necessarily sell beer, and in the past other people thought this location would be excellent for a convenience store but knew one would not be permitted because of the distance from the church. Mr. Ferris replied the focus now is whether or not a variance should be granted. Mr. Esplin commented there was miscommunication between the parties, and once the City knows a convenience store is being built, perhaps it should be more diligent in advising of its ordinances to prevent this situation from occurring again. Mayor McArthur commented that in his business, he has to accept responsibility for items not specifically shown on the plans, and there is a responsibility upon the applicant to understand the ordinances required by the City. Mr. Esplin suggested the ordinance is outdated from the standpoint of distance requirements for off-premise beer licenses, as new churches are being located St. George City Council Minutes June 1, 2000 Page Fourteen in schools, commercial areas, office buildings, etc., and perhaps the intent of the ordinance should be examined. He stated he did not see any real detriment in selling beer near a park, school, or church, as long as it was not consumed within the required distance. Councilmember Gardner inquired if there were any options as far as the distance measurements were concerned. City Attorney Jonathan Wright advised the State requires distance be measured from the normal route for vehicular traffic and for pedestrian traffic. The City's ordinance requires a radius of 600', and under either measurement the applicant cannot meet the requirement. Councilmember Orton commented he worried granting of this variance would punish those in the past who did not meet distance requirements, and he did not think it would be fair to grant the variance. While the project is a great one, the ordinance would have to be changed, if necessary. Mr. Ferris commented the ordinance provided for a variance in cases of hardship. City Attorney Jonathan Wright commented a hardship cannot be self-imposed, and the only basis on which the City Council could grant a variance is because there is presently an off-premise beer licensee directly across the street from the church, and this is a different circumstance from anywhere else in the City. State law specifically states that a variance cannot be given for a self-imposed hardship. Mr. Ferris stated granting of this variance would not be creating a negative precedent. Councilmember Allen commented the applicant did not do his homework, and in her opinion the variance provision did not apply. Councilmember Gardner commented that while he was not trying to promote or encourage alcohol or drinking, perhaps a portion of the ordinance should be looked at as there is a big difference between on-site and off-site consumption. He suggested the variance be granted but the ordinance be adjusted to reflect the present situation of the community. This would give other business establishments an opportunity to reapply for an off-premise beer license. Councilmember Whatcott commented that a licensed contractor is considered an expert in his field, and due diligence was not used in this situation. He stated he would rather see the ordinance amended than grant a variance. Mr. Ferris stated the variance should be granted because it will not substantially pose a detriment to the purpose and intent of the ordinance nor establish a negative precedent. Mayor McArthur opened the public hearing. Jim Thorley stated that while he did not know the owner or developer of the project, he felt the City had some responsibility in the miscommunication, and there is a big difference between on-site consumption and off-site sales. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Whatcott commented that he had nothing against the applicant or the project, but he struggled with granting a variance. Councilmember Allen made a motion to deny the request. The motion was seconded by Councilmember Whatcott. St. George City Council Minutes June 1, 2000 Page Fifteen Councilmember Isom commented if the request for a variance were denied, an ordinance amendment should be brought back to the City Council for action as soon as possible. Mayor McArthur called for a vote and all voted aye. The request was denied. City Manager Gary Esplin advised the ordinance amendment would be scheduled on the next City Council agenda. PUBLIC HEARING ON 2000-2001 BUDGET: Public hearing to receive public input and comment on the proposed 2000-2001 fiscal budget for the City of St. George. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. PETITION FOR ANNEXATION: Consider acceptance of a petition to annex approximately 1,030 acres near the Utah/Arizona Port of Entry on both sides of the I-15 freeway. Darcy Stewart, applicant. City Manager Gary Esplin advised no comments have been received from the County pertaining to this annexation request, and public hearings need to be set. A motion was made by Councilmember Isom to accept the petition. The motion was seconded by Councilmember Gardner. He commented the City of St. George has been providing services to this site already, and it makes sense to annex it as it will be the future entrance to the City. Mayor McArthur called for a vote, and all voted aye. SET PUBLIC HEARING FOR LEDGES ANNEXATION: Report on action from the Boundary Commission regarding the Ledges annexation and consider setting a public hearing for this annexation. Councilmember Gardner declared a conflict of interest as his family owns part of the property included in this request. He advised he would not be participating in the voting process. City Manager Gary Esplin advised this matter was considered by the Boundary Commission who voted 5 to 1 in favor of the annexation with modified boundaries. The Boundary Commission also recommended that residential development of one acre lots be required adjacent to the Winchester Hills Subdivision. This is a recommendation, however, and not a binding requirement. He advised that a public hearing should be set. A motion was made by Councilmember Isom to set the public hearing for the next available City Council agenda. The motion was seconded by Councilmember Whatcott. Councilmember Gardner commented the original request for annexation included approximately 3,000 acres, but the modified boundaries recommended by the Boundary Commission suggest annexation of only approximately 2,000 acres. Mayor McArthur called for a vote, and all voted aye except Councilmember Gardner who abstained. MOSQUITO ABATEMENT AGREEMENT: Consider approval of a local agreement with Washington County regarding mosquito abatement. This item was tabled. St. George City Council Minutes June 1, 2000 Page Sixteen Mayor McArthur commented it is not the City's intent to put off this item, but it must also be approved by Washington City, Ivins and Santa Clara in order for it to be effective. City Manager Gary Esplin advised it will be scheduled on the next City Council agenda. AGREEMENT WITH UDOT: Consider approval of a cooperative agreement with UDOT for design engineering reimbursement for the River Road project. City Manager Gary Esplin advised the City is the recipient of a Small Urban Grant from the State to do engineering work on River Road. The contract is in the amount of $10,000, with the City's portion being $677. A motion to approve the agreement was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. UPDATE ON WALMART STATUS: Councilmember Gardner stated the City is being accused of funding the intersection improvement project, and requested an update on the status of the Walmart project. City Manager Gary Esplin advised that negotiations continue, but no agreement has been reached as of yet. There will be some participation by the City in the total scope of the project, but no commitments have been made at this time. The State has accepted the roundabout design and the next step will be to figure costs. REQUEST FOR PARK FEE WAIVERS: Consider a request for park fee waivers for: (a) a proposed soccer camp sponsored by Dixie College; (b) a tackle football program; (c) and a 24th of July pioneer celebration. City Manager Gary Esplin explained that Dixie College requested fee waivers for a soccer camp and tackle football program. They will take good care of the facilities. Simmons Media is requesting a fee waiver for use of the Sunbowl for a 24th of July celebration. Staff has a question about clean-up of the facility. Marty Lane from Simmons Media explained they would like to provide low cost entertainment for the 24th of July, and last year's event was a big success with over 3,000 people attending. Parks Superintendent Lynne Scott commented there were no problems last year with clean-up, and Simmons Media was great to work with. She stated she will work out the details with them. A motion to approve the fee waivers as requested was made by Councilmember Gardner. The motion was seconded by Councilmember Allen, and all voted aye. AWARD OF CONTRACTS TO FINISH TRAILS: Consider award of contracts to various consultants for finishing the City's trail projects. City Manager Gary Esplin advised the City would like to finish all remaining trail projects. All proposed contracts are for engineering services and construction management. Parks Superintendent Lynne Scott advised one of the trails to be completed is the Santa Clara River Trail. She recommended award of a contract to Rosenberg Associates in the amount of $64,400. A motion was made by Councilmember Whatcott to award the contract to Rosenberg Associates in the amount of $64,400. The motion was seconded by Councilmember Isom, and all voted aye. St. George City Council Minutes June 1, 2000 Page Seventeen Parks Superintendent Lynne Scott recommended award of a contract to Bulloch Brothers Engineering in the amount of $28,700 for the Virgin River South trail. A motion was made by Councilmember Orton to award the contract to Bulloch Brothers Engineering in the amount of $28,700. The motion was seconded by Councilmember Isom, and all voted aye. Parks Superintendent Lynne Scott recommended award of a contract to Sunrise Engineering in the amount of $41,185 for the Sand Hollow Wash trail. A motion was made by Councilmember Whatcott to award the contract to Sunrise Engineering in the amount of $41,185. The motion was seconded by Councilmember Isom, and all voted aye. Parks Superintendent Lynne Scott recommended award of a contract to PBS&J in the amount of $52,577 for the Middleton Wash trail. She advised staff did not feel comfortable with the low bidder due to technical problems and the variety of terrain and wetlands within the project, and the other bidders had very little experience in trail building. A motion was made by Councilmember Gardner to award the contract to PBS&J in the amount of $52,577. The motion was seconded by Councilmember Whatcott, and all voted aye. Parks Superintendent Lynne Scott recommended award of a contract to Pentacor in the amount of $37,310 for the Bloomington South trail. The low bidder was Rosenberg Associates in the amount of $37,200. A motion was made by Councilmember Isom to award the bid to Pentacor in the amount of $37,310. The motion was seconded by Councilmember Whatcott, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held May 11, 2000. A motion to approve the minutes as presented was made by Councilmember Allen. The motion was seconded by Councilmember Isom, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss personnel issues was made by Councilmember Allen. The motion was seconded by Councilmember Isom, and all voted aye. RECONVENE AND ADJOURN: A motion to reconvene and adjourn was made by Councilmember Isom. The motion was seconded by Councilmember Allen, and all voted aye. ______________________________ Gay Cragun, City Recorder