City Council Minutes

Thursday, March 23,2006



ST. GEORGE CITY COUNCIL MINUTES
SPECIAL MEETING
MARCH 23, 2006, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM

PRESENT:
Mayor Daniel McArthur
Council Member Larry Gardner
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Suzanne Allen
Council Member Gail Bunker
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

SITE VISIT:
A site visit was made to the Snowfield Estates Subdivision on Stonebridge Drive to consider a request for the City to provide landscape maintenance along Stonebridge Drive.

OPENING:
The meeting then convened at the City Office, Administration Conference Room.
The pledge of allegiance was led by City Manager Gary Esplin. Mayor McArthur offered the invocation.

Mayor McArthur commended staff for their work on 1450 South. He advised that Chief Marlon Stratton was named Utah Police Chief of the Year.

Council Member Gardner announced that Viracon, a manufacturer of stressed glass, will be locating in the Ft. Pearce Industrial Park. The plant will be 225,000 sq. ft. and will employ 150 people.

REQUEST TO MAINTAIN LANDSCAPING:
Consider approval for the City to provide landscape maintenance along Stonebridge Drive adjacent to the Snowfield Estates Subdivision.

City Manager Gary Esplin outlined three issues to be addressed: (1) City maintenance of landscaping along a 66' road; (2) moving the wall to the location suggested by the applicant; and (3) landscaping on Valley View Drive. Staff supports moving of the wall as long as drainage is addressed. Staff feels strongly that there should be landscaping along Valley View Drive as it is an 80' road, but it is not possible under the current ordinance to make that determination as a variance to the setback would be required. The City?s ordinance requires 10' of landscaping along an 80' road.

An engineer for Jeff Rogers, applicant, advised that a 20' setback is needed in back. However, the applicant is willing to provide a 4' easement to the City inside the 20' setback in order to meet the landscape requirements.

City Manager Gary replied that this would be the easiest solution; otherwise a change to the ordinance would first be needed.

Mr. Rogers? engineer suggested that the back property lines be left where they are with a 4' landscaping easement. The wall can be moved in 4'. This will shrink the back yard area, but the property line will remain 4' beyond the wall.

Jeff Rogers, applicant, stated that this solution would allow him to proceed.

MOTION: A motion was made by Council Member Gardner to approve a 45' right-of-way instead of a 50' right-of-way, and a landscape easement along the rear yard lines.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MOTION: A motion was made by Council Member Orton to approve moving the fence from the top to the bottom of the hill, assuring that drainage is taken care of, with two 4' walls with a lip adjacent to the Pebble Creek Subdivision.

Mr. Rogers? engineer advised that the applicant does not want two 4' walls, but instead would like a 6' wall and a 2' wall. He was advised that the requirements of the City?s ordinances would have to be met.

St. George City Council Minutes
March 23, 2006
Page Two

SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Jeff Rogers, applicant, advised that he is giving the City two water shares so that it will maintain the landscaping along Stonebridge Drive.

A discussion was held on the City?s current policy to not maintain landscaping along 66' roads.

MOTION: A motion was made by Council Member Gardner to approve City maintenance of landscaping along Stonebridge Drive.

The motion died for lack of a second.

City Manager Gary Esplin suggested that a homeowners association could be formed for the sole purpose of maintaining the landscaping.

Council Member Orton commented he did not want to obligate taxpayers to maintain landscaping for a private development.

MOTION: A motion was made by Council Member Orton to deny the request for City maintenance of landscaping along Stonebridge Drive, and recommended that a homeowners association be formed to maintain the landscaping.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Gardner - no

The motion carried.

DISCUSSION ON ENFORCEMENT OF CITY NOISE AND NUISANCE ORDINANCE:
Wendy Nielsen explained that she lives behind the Phoenix Plaza and would like to address the lack of an enforceable noise ordinance. The City currently has a noise policy, but it cannot be enforced. She explained that she and her neighbors are awakened by garbage collection trucks, parking lot sweepers, leafblowers, carpet cleaners, etc. at all hours of the night and early morning. She suggested that collection from commercial garbage dumpsters located adjacent to residential areas be restricted to pick-up after 9:00 a.m.

Council Member Orton commented that the City should be careful in its restriction of business operations as deliveries and cleaning operations must be carried on in the nighttime hours.

Bill Chris advised that semis which deliver daily to Scaldonis park right by his bedroom window with their engines and air conditioners running. Cars, hot rods and motorcycles also use the alley by his window until 1:00 a.m. when Scaldoni?s closes.

Wendy Nielsen commented that a liquid waste truck also comes to the Phoenix Plaza between 11:30 p.m. and 1:30 a.m., and there has to be some way to alleviate this problem for residences which back onto commercial areas.

Officer Albert Gilman commented that there definitely is a lot more activity in the City after 10:00 p.m., and there are four to five sweepers that run continuously in every parking lot in the City. If a new ordinance is approved, it should be very specific for enforcement purposes.

Council Member Orton commented that stores such as Walmart cannot clean their parking lots during the day and must stock their shelves all night long in order to maintain their businesses.

Ms. Nielsen commented she was not complaining about what was taking place in the parking lot of the Phoenix Plaza, but in the alleyway adjacent to her home.


St. George City Council Minutes
March 23, 2006
Page Three

Deputy City Attorney Paula Houston commented that an ordinance to regulate noise can be approved but it will apply to all areas throughout the entire City, and its impact on all businesses should be considered. Many cities have noise ordinances and do enforce them, but all have problems with them.

Code Enforcement Officer Brad Young advised that the City?s current noise ordinance is very subjective. He stated that he did not know how to address Ms. Nielsen?s problem within the scope of the City?s current noise ordinance.

Council Member Gardner inquired if there were physical things which could be done to minimize the noise, such as raising the wall or moving the dumpsters.

Ms. Nielsen replied that she has spoken with the owner of the Phoenix Plaza and he will not move the dumpsters.

Mayor McArthur suggested that the owners of the Phoenix Plaza be advised that the dumpsters must be moved and other measures voluntarily made to minimize noise or the City will enact an ordinance which could affect their business.

City Manager Gary Esplin stated that a meeting would be scheduled with him,
the City Attorney, Police Department, and owner of the Phoenix Plaza to find a solution to the problems. If this does not work, an ordinance can be drafted limiting noise within a commercial project located within a certain distance from a residential area. The Phoenix Plaza was supposed to be a neighborhood commercial project and was not intended to be this intense next to a residential area. Mr. Esplin advised he would report back to the City Council at the next meeting.

PRESENTATION ON DESIGN GUIDELINES FOR THE ATKINVILLE INTERCHANGE:
Representatives of Logan Simpson Design Inc. presented a power point presentation on bridge aesthetics and theme development for the I-15 Atkinville TI and Southern Parkway.

Support Services Manager Marc Mortensen suggested that the City hire Logan Simpson to do the design for the project. He advised that all aesthetic costs are the responsibility of the City. The next step in the process will be to determine costs.

A representative of UDOT advised that the project will be bid this December or January.

MISCELLANEOUS:
Council Member Gardner inquired if the City was interested in selling its second-oldest fire engine for use in public events and parades. A party is interested in purchasing it, putting their logo on it, paying for its upkeep, and letting the City use it when needed.

Council Member Whatcott complimented the City on its new fields at the Bloomington Park, stating that due to the type of soil used, the fields did not get muddy during the latest snow and rain storms.

A meeting has been scheduled next Thursday at 5:00 p.m. at Little Valley Elementary to discuss master planning in the area.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Orton.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



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Gay Cragun, City Recorder