City Council Minutes

Thursday, November 30,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING NOVEMBER 30, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Bob Whatcott City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Councilmember Rod Orton OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The invocation was offered by Councilmember Gardner, and the pledge of allegiance was led by Councilmember Allen. CONSENT CALENDAR: Consider approval of the financial statement for October, 2000. A motion was made by Councilmember Isom to approve the consent calendar as presented. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. Councilmember Whatcott arrived. AWARD OF BID: Consider award of bid for the painting of City water tanks. Purchasing Agent Sue Swensen advised that even though requests for a bid were sent to four vendors, only one bid was received and it was in excess of the budget for this project. Several items were then discounted from the bid, and staff recommends award to State Painting Co. in the amount of $222,798 to paint the interiors of the Bloomington Hills Upper and Bloomington Country Club tanks. A motion was made by Councilmember Isom to award the bid to State Painting Co. in the amount of $222,798 to paint the interior of two water tanks. The motion was seconded by Councilmember Gardner, who then questioned the reason for the high cost. It was explained that lead paint had to be removed from the interiors of both tanks and disposed of. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes November 30, 2000 Page Two ORDINANCE: Consider approval of an amendment to the Pretreatment Ordinance. This item was tabled until the next City Council meeting. FISCAL AUDIT: Presentation of the 1999-2000 fiscal audit for the City. Ken Hinton, who performed the audit for the City, distributed material to the Mayor and Council and then reviewed significant funds and other highlights with them. He advised that the City’s assets were up from the prior year and the City, from an overall perspective, is very healthy. He then briefly reviewed the Electric Fund, Water Fund, Golf Course Fund, Sewer Collection Fund, and Sewer Treatment Fund. He summarized by saying that effectively the City is in good financial condition, and the City’s management and staff are wisely administering the City from a financial perspective. The audit again led to a clean opinion with regard to the City’s financial statement, and a clean report on internal control and compliance with state and federal laws. A motion to accept the audit report was made by Councilmember Gardner. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting of November 14, 2000, recommended public hearings be scheduled for December 21, 2000 at 5:00 p.m. to consider (a) a zone change from R-1-10 to PD Residential for The Plantations project; (b) a zone change from R-2 to C-3 at 165 North 200 West; and (c) a zone change from R-1-10 to PD for 8.67 acres located north of Entrada on the east side of Snow Canyon Parkway for an addition to The Cliffs at Snow Canyon project. A motion to set the public hearings as recommended by the Planning Commission was made by Councilmember Gardner. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 14, 2000, recommended approval of the preliminary plat for Sun River Phase 5B with 49 units located west of Pioneer Road and south of the Virgin River, and to allow sidewalk on one side of the street. He advised it would also be appropriate to address allowing sidewalk on one side of the street for the remainder of the project. St. George City Council Minutes November 30, 2000 Page Three City Manager Gary Esplin advised the City should not issue blanket approvals for sidewalk on one side of the street for every project, but rather review each project based on its merits, and unless the Subdivision Ordinance is changed, review of the request for sidewalk on one side of the street should be done at the time of preliminary plat approval. City Attorney Jonathan Wright advised the same reasons exist now to justify sidewalk on one side of the street that existed when the exception was justified in the first place, and a notation would be placed on the plat. A motion was made by Councilmember Isom to approve the preliminary plat with a notation allowing sidewalk on one side of the street placed on the plat as recommended by the City Attorney. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 14, 2000, recommended approval of the amended preliminary plat for Paradise Canyon located at 1450 West Snow Canyon Parkway, subject to the development of Lots 135 and 136 far enough away from the edge so as not to disturb the natural rock ledge. Additionally, the Planning Commission recommended sidewalk on one side of the street. Since the time of the original preliminary plat, one lot was added to Phase 1 and another is proposed for Phase 3. The amended plat reduces two lots from future phases to comply with the City Council’s approval of 284 units. A motion to approve the amended preliminary plat and allow the project to continue its same mode of development and present format, with a note being placed on the plat to allow sidewalk on one side of the street, was made by Councilmember Gardner. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 14, 2000, recommended approval of the final plat for Paradise Canyon Phase II with 55 units located at 1450 West Snow Canyon Parkway. A motion was made by Councilmember Allen to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: St. George City Council Minutes November 30, 2000 Page Four Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Isom - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 14, 2000, recommended approval of the final plat for the John Campos Commercial Subdivision with five lots located at 1400 East Highland Drive, with the condition that the applicant execute a delay improvement agreement for improvements along Highland Drive. Mr. Bradley advised the owner of Lot 1 is scheduled on the December 12 Planning Commission agenda to request a zero lot line. City utility staff agree there is no need for the 10’ easement on the northeast end of Lot 1. A motion was made by Councilmember Gardner to approve the final plat with deletion of the utility easement between Lots 1 and 2, approve the delay improvement agreement, and authorize the Mayor to sign the final plat. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 14, 2000, recommended approval of the final plat for Troon Park Phase IV Professional Office Condos located at 100 South River Road. Councilmember Isom declared a conflict of interest because her company handles the title work for this project, but advised she would vote. A motion was made by Councilmember Gardner to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Isom - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 14, 2000, recommended approval of the final plat for Sun River Phase 5A with 16 units located on Sun River Parkway and Ironwood Drive. A motion was made by Councilmember Gardner to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Isom. Mayor McArthur called for a vote, as follows: St. George City Council Minutes November 30, 2000 Page Five Councilmember Gardner - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. REQUEST TO RELOCATE NON-CONFORMING SIGN: Consider a request from YESCO for approval to relocate an existing non-conforming sign at Sunset Blvd, and Bluff Street. City Manager Gary Esplin explained the State is widening Sunset and Bluff to accommodate additional traffic volumes, as well as development on the corner. This widening project will require an existing non-conforming billboard owned by YESCO to be removed. A law was passed several years ago which governs the manner in which cities can deal with removal of non-conforming signs when a state or other governmental entity requires that space for road projects. According to this law, the City is required to approve relocation of that billboard within 1420’ of its present location, or compensate the owner of the billboard. City staff recommends that the sign not be relocated, but that the State compensate the owner. The City is required by state law to allow the billboard’s relocation. Ray Draper, Manager of Young Electric Sign Company (YESCO), advised he had a new location for placement of the billboard and requested that a decision be made at this meeting. City Manager Gary Esplin explained at the time of the agenda preparation he was unaware an ordinance was needed, but the City Council could make its decision tonight and the ordinance could be ratified at the next meeting. City Attorney Jonathan Wright advised an ordinance was required because relocation of the billboard on the corner of Sunset and Bluff, as requested, is illegal by City standards and is only an option because of the state law. Mr. Draper explained the new location is 60’ south of Sunset and 30’ west of Bluff and the billboard will set back quite a way from the intersection. A billboard is the only viable use of the property as the state will not allow a business to locate on that corner. The billboard will remain three-sided. City Attorney Jonathan Wright questioned if a three-sided billboard could be permitted. Mr. Draper advised he would like to use the existing three-sided billboard. City Attorney Jonathan Wright advised that state law may only allow for a two-sided sign. Craig Toone, representing YESCO, advised that three-sided signs were permitted along state highways. Mr. Draper commented that even though the new location is not as good as the old location, YESCO is willing to move it with the state paying the relocation cost. The sign will be kept at the same height and not be raised, and will be repainted and new lighting added. He advised a decision was needed as soon as possible as they have to remove the billboard immediately. St. George City Council Minutes November 30, 2000 Page Six City Attorney Jonathan Wright advised that the time left on the applicant’s lease is ten years, until 2010, and he recommended a limit of ten years be placed on any approval to relocate the billboard at the new location until January 1, 2011. He advised that at that point, the special exception to the Zoning Ordinance would expire. Mr. Toone advised that billboards have been declared real property in the same manner as real estate and are protected under the same laws, even eminent domain takings. He advised that YESCO would like to keep its revenue stream going, and inherent with the billboard and part of its value is the permit and outdoor ground lease. He advised that the permit would have been good forever if relocation of the billboard had not been required. City Attorney Jonathan Wright disagreed with Mr. Toone and stated the billboard could not be kept at its present location for longer than the lease term without the property owner’s consent, and the present property owner obviously would not extend the lease past 2010 since he is developing his property. Mr. Toone replied that to put a conditional limit on the length of time permitted at the new location would decrease the billboard’s market value. City Manager Gary Esplin advised the City Council did not have to approve the new location now, as it could determine it did not want the billboard at the requested location, and require the applicant to find another site within 1420’ of its present location. Staff believes it has the right to limit the length of time the billboard can remain at the proposed location to the terms of its current lease - until 2010, and if the applicant does not like the time limitation, it certainly has the right to find another location. Ray Draper inquired if, at the end of the ten years, YESCO could apply for a time extension. City Manager Gary Esplin replied they would certainly have the right to petition the City Council for a special exception. Craig Toone commented that the owner of property at the proposed location also has rights. City Attorney Jonathan Wright advised the applicant is attempting to make a non-conforming sign conforming. He recommended the City deny the applicant’s request if it is going to argue that it can maintain its ten year lease plus renewals, and further require the applicant to move the sign back on property of the current lessor, the Jennings. Mr. Toone replied YESCO did not want to relocate the billboard further up Highway 18 as it would diminish the value of the billboard. City Manager Gary Esplin recommended the City Council authorize the City Attorney to prepare an ordinance for a special exception to the Sign Ordinance and Zoning Ordinance to allow relocation of the billboard across the street for ten years. The City is under no obligation to grant approval for more than ten years, and if necessary, will litigate the matter. He advised the applicant wishes to locate the sign at the requested location because of the high volume of traffic and economic benefit to them, therefore a shorter period of time at this location may be better than a longer period of time at another location. Councilmember Whatcott made a motion to approve relocation of the billboard across the street to the requested location for a period of ten years. St. George City Council Minutes November 30, 2000 Page Seven The motion was seconded by Councilmember Isom. Mr. Toone requested a provision be included in the ordinance allowing them to request an extension at the expiration of the ten year period. Mr. Wright replied it would not be appropriate to include that provision in the ordinance, but the applicants could petition the City Council at any time. Councilmember Gardner clarified that the issue is between the City, state, new property owner, and YESCO, and not the former property owner, the Jennings. He advised he is a potential owner in the old site but did not view this as a conflict of interest. Mayor McArthur called for a vote, as follows: Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye An addendum will be prepared for the December 7, 2000 City Council meeting to include the ordinance for this item. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from PD to R-1-8 at 100 No. Valley View Drive. Nate Blake, applicant. Community Development Director Bob Nicholson advised this parcel of property is located behind the Laurelwood development on Valley View Drive, and Laurelwood residents wanted to know how this zone change would affect their development and how their development would be finished off. The developer met with the homeowner’s association, but the results of that meeting are not known. The Planning Commission recommended approval. Reid Pope, representing Nate Blake, advised that Mr. Blake met with the homeowners and is selling them some property to finish their project. They are working together and there are not any outstanding problems. Nate Blake, applicant, advised that a small piece of property was left out of the zone change request which will be left as part of the Laurelwood project and finish it off. He advised there were still issues to be resolved with the homeowners association but felt comfortable a solution could be arrived at. Guy Cash, an officer in the Laurelwood homeowners association, advised he was still concerned with a few issues, namely a wall on the east side of the project and tying into the Laurelwood sewer. Mr. Blake advised he would work with the Public Works Department. Mr. Cash advised the homeowners association is supportive of the zone change request as long as four to five lots on the south end remain a part of the Laurelwood PD and cooperation is had with regard to the sewer and elimination of the need for further elevation. City Manager Gary Esplin advised some of the sewer issues were technical and will have to be resolved by City staff, and are not part of the zone change. St. George City Council Minutes November 30, 2000 Page Eight There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve, by ordinance, the zone change as requested. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 to PD Commercial at approximately 1400 West Snow Canyon Parkway. Allan Carter, applicant. Community Development Director Bob Nicholson explained that the intersection does not exist at present. The applicant is proposing to develop 3.7 acres on the corner. The General Plan was previously amended to designate the corner as a future commercial site. The property is located across the street from Royal Oaks Park, and because of this proximity, no beer sales will be allowed at the proposed convenience store to be located on the corner. Proposed uses for the project are a convenience store with gas island and canopy, and an adjoining one-two story retail building with service commercial-type uses. There will be a landscaped area, and a deceleration lane will be provided on Snow Canyon Parkway. A 6,000 sq. ft. daycare center is also proposed. The Planning Commission recommended approval subject to the lights in the gas island canopy being recessed so as not to be so bright. Ingress and egress on Snow Canyon Parkway will also have to be approved by the City Engineer. Jim Raines of Bush and Gudgell Engineering, representing Allan Carter, advised this corner was originally created due to the realignment of the collector road system in the area. 1400 West was realigned, and the property includes part of the old Paradise Canyon property. The property is proposed to be developed as a PD so that the City can control uses in the project. The daycare center and landscaping will provide an effective buffer with adjacent residential development, and the collector road lends itself to neighborhood commercial development. The project will be residential-style and residential-scaled, with no bright lights, monument signs, and canopy lights to protect the night sky. He stated he felt the project was a good solution for the oddball piece of property and will provide needed neighborhood commercial uses. The applicant is committing to the same architectural style, color and materials to match surrounding developments. Councilmember Whatcott inquired about the elevation difference between the commercial and residential areas. Mr. Raines replied the elevation will not be above Snow Canyon Parkway, and the adjacent residential lots are slightly higher. In comparison, the project will be three to four feet lower than nearby residential lots, and eight to nine feet lower than Snow Canyon Parkway. The project has not yet been designed, but all standards for grades and slopes will be met. City Manager Gary Esplin advised the project elevations have to be approved by the City Council. St. George City Council Minutes November 30, 2000 Page Nine Mayor McArthur commented that ingress and egress up a hill to a 40 mph street is a problem. Allan Carter, applicant, advised the project will be similar in style to Sedona Hills, and will fit residential standards and look residential. City Attorney Jonathan Wright advised that elevations must be approved at the time a PD is approved, and if the project is approved today, the footprint shown will be the approved footprint. Mayor McArthur opened the public hearing. Bruce Aston, a nearby resident on 1540 West, complained that the road between his home and the proposed project was closed off to create a culdesac and has resulted in his street becoming extremely busy with many speeding vehicles. Community Development Director Bob Nicholson explained this was a temporary situation until 1400 West is built. Mr. Aston replied that 1500 West will still be used because of the way 1400 West is accessed from the neighborhood. He requested that 1400 North run all the way through straight into 1400 West. Jim Oliver commented that many cars speed on 1400 North. Community Development Bob Nicholson explained that as adjacent property is developed and new roads built, new accesses will be created. Mayor McArthur commented the City’s policy has been that development pays for the roads. Mr. Aston requested a limit on hours be established for the convenience store as a 24 hour store was not needed. Wendy Bailey, a nearby resident on 1500 West, advised her neighborhood had lots of kids and she expressed concern for their safety. She advised that since the culdesac was created, all traffic has funneled down 1500 West. All nearby subdivisions are using 1500 West to access Snow Canyon Parkway, and if 1400 West is built as designed, 1500 West will still be used as the main access. She opposed the gas station and suggested a medical facility, veterinarian office, dental office, or business office instead to create a business commercial setting, rather than a gas station. Mayor McArthur advised there will be other connections further to the west to provide access to the neighborhoods. Councilmember Isom advised the master plan has already been changed and designates the area as commercial, and the proposed project is coming in as a Planned Development Commercial project. Mayor McArthur commented that there will be commercial built on the property at some point in the future, and a PD will provide the most control. Jim Oliver suggested the neighborhood be given an opportunity to vote on the issue. Mayor McArthur explained that neighborhoods are not given the opportunity to vote as City Councilmembers have been elected to represent them. St. George City Council Minutes November 30, 2000 Page Ten Kathy Aston, a nearby resident on 1650 West, stated there were many speeding vehicles on 1650 West. Councilmember Gardner commented that two separate issues are being addressed - one involving traffic and safety on existing roads, but this public hearing concerns the proposed project. He stated the two issues should be delineated. He stated he thought the proposed project will help alleviate some of the concerns expressed as it provides another access to Snow Canyon Parkway, even though it may be a little difficult to get to. Jeff Bailey commented that even if additional roads and accesses are developed in the future, residents must deal now with the traffic problems, and the present road configuration is putting a lot of strain on the neighborhood. Mayor McArthur commented that construction of 1400 West will provide a benefit to the area. Mr. Bailey advised he opposed the gas station and commercial zoning. Irene Banning expressed concern about the safety of children in the area. Jim Raines advised he was also a resident of the area and concurred with the traffic problems on 1500 West, however, the traffic pattern and plan occurred through other development and not Mr. Carter’s. He commented the far-reaching traffic plan for the area works well, but the culdesac was dictated by the City’s overall traffic needs. The City wants to direct as much traffic as possible onto 1400 West as it is a collector road, and does not want to funnel traffic through residential streets. Allan Carter advised that in conversation with the City’s Traffic Engineer Aron Baker, one of the reasons the road was turned into a culdesac was because of site distance problems. Cindy Stevens expressed opposition to the gas station and requested that it be required to close at 11:00 p.m. to prevent traffic and crime. Laurie Casey, a nearby resident on 1500 West, advised she did not want a gas station in her backyard because of the lights, but would not oppose retail or a medical/dental office. Councilmember Gardner inquired of the City Attorney if the City Council had the ability to impose a time limit on businesses within a PD at the time of the zone change. City Attorney Jonathan Wright advised he would have to research the issue, but the matter was not ready for determination in any event because elevations and other requirements of a PD had not been provided. Councilmember Allen made a motion to table the request until more information and elevations were provided. The motion was seconded by Councilmember Isom. Mayor McArthur closed the public hearing. Councilmember Whatcott suggested that City engineering staff to be present to answer questions when this request is again discussed. St. George City Council Minutes November 30, 2000 Page Eleven City Manager Gary Esplin advised this was a separate issue, but needed to be addressed. He advised that maps of present and future connections will be provided when this issue is again discussed. City Attorney Jonathan Wright urged caution when approving accesses to assure they have been approved by the City Engineer. Mayor McArthur inquired about the possibility of installing temporary access roads in response to neighborhood safety concerns. City Manager Gary Esplin responded it could be done, and traffic counters and speed control measures could also be instituted in the neighborhood. The culdesac could also be breached on a temporary basis. These possibilities will be reviewed before the next discussion of this matter. Mayor McArthur called for a vote, as follows: Councilmember Allen - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. Community Development Director Bob Nicholson suggested the matter be scheduled for the December 21, 2000 City Council meeting. Allan Carter stated he could attest that residents of 1500 West have a serious problem with traffic, but felt road issues in the area should have been dealt with long ago. He advised his project was approved on August 29 and a bond obtained, and the plat should have been recorded in a week’s time but is still not recorded. He expressed frustration as he has met every deadline and done everything requested, but still does not know what the requirements are. He stated the main issue is how access will be handled off Snow Canyon Parkway. He stated he believed the corner would be developed as commercial because of th