City Council Minutes

Thursday, November 8,2007

NOVEMBER 8, 2007, 4:00 P.M.

Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Larry Gardner
City Attorney Shawn Guzman
City Recorder Gay Cragun

Council Member Gail Bunker
City Manager Gary Esplin

Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Scout Josh Acey and the invocation was offered by Council Member Rod Orton.

Mayor McArthur recognized Jon Pike and Ed Baca, recent City Council candidates, and congratulated Mr. Pike on his election. He congratulated all the candidates who ran for election.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

The meeting then moved to the City Council Chambers.

Council Member Gardner arrived.

Mayor McArthur invited more Scouts in the audience to introduce themselves.

Leisure Services Director Kent Perkins distributed copies of the recommended policies and procedures for use of Town Square and reviewed them.

Council Member Gardner commented he hoped the City would be cautious and not make too many rules and regulations and hoped the fees would not discourage use of the facility. However, the City is not out of line to charge fees to cover its costs.

Leisure Services Director Kent Perkins advised if the City receives a request to use the Town Square, staff will put a tentative hold on the facility, and if the fee is not paid within two to three days, the hold would be lifted.

Mayor McArthur commented the Town Square is for public use. The City has enough other facilities that can be reserved.

Council Member Whatcott commented that because City personnel would be needed on site, as well as the police, it sounded like any event held at the Town Square would

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be sponsored by the City. In this event fees would not be needed. There are plenty of other parks with BBQ pits. The Town Square should be a place where families can always go to throw a frisbee or let the kids play in the water, without having to plan. Other than large events such as the 4th of July or First Night, etc. the City would then not need to worry about charging fees. The Town Square should not be tied up for anything other than City sponsored events.

Mayor McArthu commented that the City has other facilities for weddings, etc. The Town Square is a place for the public to drop in and enjoy. He suggested that it not be rented out or scheduled unless it is a City sponsored event.

Council Member Allen agreed. She inquired about a policy on walking dogs within the Town Square.

Mr. Perkins replied the policy will require mandatory clean-up.

Mayor McArthur suggested the policies and procedures be refined and reviewed with the City?s partners in the Town Square for recommendations.

Assistant to the City Manager Marc Mortensen advised that the Downtown Thursday Night event has moved back to Main Street, but it would be nice to get them off Main Street and into the Town Square.

Council Member Allen inquired about vendors in the Town Square.

Council Member Orton commented that this would defeat the purpose of the Town Square. The purpose is to promote area businesses. Allowing vendors only promotes those vendors and does not generate business for the established businesses.

Council Member Gardner advised that some of the downtown merchants feel that having vendors in the Town Square is an advantage, as people will linger and stroll in the area.

Mr. Mortensen advised that Downtown Thursday Night has permission from the City to operate up until the Christmas Stroll event, but this is a discussion for another day. The recent Dixie Care and Share Cook-Off was their most successful ever, and the food was prepared off site and brought in and sold. This event was not City-sponsored, but was held in conjunction with the Book Festival.

Mayor McArthur invited several more Scouts in the audience to introduce themselves.

Mr. Jim Slemboski explained that he and his wife have lived in their Bloomington home for over eight years. There is a five acre parcel of raw land in back of their home owned by the City. Recently this area has become a popular place for four wheelers and motorcycles and jumps. He stated this creates a dust problem and security issue. He stated he has been contemplating building a wall, which is not his
preference, but is needed for security. In connection with this, he made a request to trade some of his property for City property for a better wall configuration.

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Leisure Services Director Kent Perkins explained that staff has worked with Mr. Slemboski to design the property configuration to minimize impacts on City property for the future. Currently there is no master plan for any specific use on the five acre parcel.

Council Member Orton inquired how many other people could make application for some of the property.

Mr. Slemboski replied that everyone around him is located on a hill with a continuous wall all the way down to 1550 West. He has the only walk-out basement on the street. There is also a hill with an elevation of 15-20 feet coming up to where the access road comes in from Paiute.

Mr. Perkins advised that the five acre parcel continues over to the Water Treatment Plant area, and that is why it is not planned for use as a park and has not been maintained.

Mayor McArthur suggested the matter be scheduled on a regular City Council meeting agenda for action. He suggested that Mr. Slemboski provide horizontal pictures of the property.

Several Council Members indicated they would drive out and look at the property.

Council Member Whatcott commented that the City Council must look at the value of the property, as it has done with surplus golf course property, and do a calculation based on the square footage.

City Attorney Shawn Guzman arrived.

City Engineer Dave Demas explained that aHorrocks has put together this ordinance for the City. In order for the City to qualify for corridor preservation funds, an access management policy must be in place.

Lee Cabal with Horrocks Engineers advised that one of the key strategies of the access management plan is to maximize safety and efficiency of street corridors. The plan needs to be approved to qualify for certain types of funding to help in corridor preservation and other different funding programs. It is especially important in new areas like Dixie Drive and specifies driveway spacing, signal spacing, driveway design, basic good engineering design, access spacing to maximize the carrying capacity of a street, and safety. It attempts to provide deceleration lanes and control the number of conflict points. He presented a power point presentation on the typical vicious circle in the transportation land use cycle, roadway functional classification, movement vs. access, residential local type of streets, collector roads, major collector roadways, guideline sections of the policy, access spacing, landscaped medians, raised medians, corner clearance, turning radiuses, driveway throat length, shared access, intersection and driveway sight distances, turning lanes, auxiliary lane length requirements, left turn lanes, pedestrian and bicycle access, paved cross walks, and access management techniques.

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Mayor McArthur inquired as to the application of this policy to the Layton property near Blackridge Drive.

City Engineer Aron Baker explained that the policy is a minimum standard and the Layton?s situation is congested. Their right-in right-out is far enough away from the signalized intersection that it complies; it is back-up congestion from the signal that is the concern. Staff has always worked with property owners.

Council Member Orton inquired if the plan contemplates total build-out.

Mr. Baker replied staff works with landowners and developers on the proposal and land use plan and takes into account the information given.

Council Member Orton again inquired if the plan takes into account the traffic 20 years from now.

Mr. Baker replied that models are used.

Council Member Orton inquired if staff was requiring developers to build to the standards required for 20 years from now.

Mr. Baker replied that what is required depends on the magnitude of the development.

Council Member Allen commented that building just for the present creates problems in the future.

Mr. Baker used Walgreens on Sunset as an example. He stated that they have impacts directly on the property but the City is specifically asking for a right turn lane on Dixie Drive to meet growth in the area. Public Works is always trying to look ahead to help defray costs.

Council Member Gardner commented that there is uniqueness to properties, and the City must allow people to use their property. He inquired if issues could be dealt with by use of reasonable discussion.

Mayor McArthur inquired if there was flexibility for certain situations.

City Attorney Shawn Guzman replied staff discussed this. Village Bank is a good example on an existing street without a lot of conflict. Staff worked to line up the driveways which provided an opportunity to take out the old driveways, and in the policy this would be a minor deviation which can be approved by staff. If a major deviation is requested, this is brought to the City Council for a decision. Staff has tried to build flexibility into the ordinance.

Mr. Cabal advised that the policy is based on anticipated future build-out or maximum capacity. Staff and the City Council have the ability to amend the policy without having to amend the ordinance.

Council Member Whatcott cited as an example the hotel/motel off Red Cliffs Drive and Wendy?s. Standing by themselves, they did not require a right turn lane. However,

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everyone knows one will be needed. He inquired about the possibility of a right turn lane by the Maverik on Riverside Drive which will be needed when the new bridge is built. Staff has not been looking into the future. It has required developers to go through lengthy and costly traffic studies to justify that improvements are not needed on stand-alone projects, when the big picture dictates that improvements will be needed. This has been a major frustration for him for a long time, and continues to be.

City Attorney Shawn Guzman commented that staff can adopt and implement a policy by themselves under the ordinance without going through the City Council. The City Council is the only one who can make changes to the ordinance itself. Whether or not this will solve the problems Council Member Whatcott is concerned about remains a question. The City could, however adopt a policy requiring staff to look at zoning, and if it is commercial, then it has to plan for the street and project as if it will all be developed as zoned. Staff will have to anticipate how much to ask the developer to participate. However, knowing the area is zoned commercial, staff will know the minimum number of cars the zoning will generate and can come up with some way to do it.

Council Member Allen inquired why traffic impact studies were even required when everyone knows right turn lanes are needed.

Mr. Guzman replied that staff can do its own traffic impact study to use as a legal basis for taking exactions rather than having each individual parcel do a traffic study. Staff can do this by figuring out the projected traffic on a corridor and trips based on the zoning.

Lee Cabal advised that traffic studies address other things important for each site. The policy will not dictate a right turn lane, but will require how it needs to be designed.

Mr. Baker commented that the policy is not a panacea but is a toolbook to deal with some of the issues. Every situation is different and the policy gives staff common ground to deal with everyone the same.

City Attorney Shawn Guzman suggested that some factors to be considered include not only the trips generated by a business but also the number of cars that would have to slow down in order to get into the business. He stated the City would be on solid legal ground to require each business to pay for 100% of the cost to move the traffic they generate.

Lee Cabal replied that this is commonly done in Clark County and Las Vegas. Every development there is required to provide a traffic study and that study is used to evaluate each business?s proportion of the left turn lane and a cost is then exacted of each business.

City Attorney Shawn Guzman advised that the City is doing that now. Maverik has paid toward the signal at Mall Drive. The City can make the property owner bear 100% of the cost of a right turn lane if it is determined that cars need to be moved out of the main traffic lane in order to turn right. He suggested that this requirement

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be included somewhere in the policy because it will solve the queing problem which the City is currently seeing by addressing developments separately.

Council Member Whatcott inquired how this policy would be implemented. He commented that staff knows that a 60' road today will need to be 80' in 15 years. He inquired how this problem would be eliminated in the future.

City Attorney Shawn Guzman replied the policy applies to streets that have been master planned. The access management ordinance does not go into private property.

City Engineer Dave Demas advised that the ordinance does cover both, public and private.

Council Member Gardner commented that shared access does not always work because of the different types of uses, varying sizes of lots, and setbacks, such as in the Ft. Pierce Industrial Park. He inquired if this policy applied to industrial settings.

Mr. Cabal replied that it did.

Marc Mortensen suggested that roads not be specifically named in the policy, but should apply to roads with a width of 66' or greater.

Mayor McArthur called for a break.

Upon conclusion of the break, the meeting resumed. Mayor McArthur advised that the matter would be discussed at another work meeting.

Mayor McArthur announced that the City is helping sponsor a symposium on identity theft on November 17 which is open to the public. There will be several break-out sessions on the immigration quagmire, how to protect the identity of children, child identity theft, etc. It will be advertised over the next week. It is sponsored by the City, County, all cities and the Spectrum. It will be held at the Dixie Center.

City Engineer Aron Baker presented a power point presentation on the Snow Canyon Parkway traffic analysis, showing the 2000 North and Dixie Downs intersections and the benefits of signals at each location. He advised that traffic volumes are approximately the same, but there is a difference in side street turning movement.
He showed counts for the entire day. He recommended moving the right turn lane off 2000 North onto SITLA property to help right hand turn traffic move more freely and for safety. He stated that future plans show signals at both locations. They are only 800' apart, however, which does not comply with the City?s policy. Staff recommends placement of the signal at the Dixie Downs intersection.

Frank Stuart, President of the Castle Rock Homeowners Association, advised their main concern is that something be done. The intersections are dangerous, and to pull out of Castle Rock is a life-threatening experience. He presented a petition signed by 180 residents requesting that something be done expeditiously. He stated there was not a serious concern where the signal be located, but something must be done to

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interrupt traffic. He suggested the signal would be better placed at the Dixie Downs intersection. He explained a similar problem exists in Paradise Canyon.

Council Member Gardner suggested that a light at Dixie Downs would interrupt traffic long enough to help solve the problem at Paradise Canyon.

Mr. Stuart commented that Dixie Downs is clearly the better choice.

Council Member Orton inquired how soon a light could be installed.

Public Works Director Larry Bulloch replied that a change order would be needed to include the light as part of the current project.

Mr. Baker replied that it would be six months before the light could be installed because equipment is scarce. However, a temporary light could be installed before then.

Mayor McArthur commented a temporary light should be installed.

Mrs. Stuart commented that Castle Rock is the smallest subdivision affected. Paradise Canyon has twice as many residents.

Dr. Brian commented that he lives in Paradise Canyon and can?t get out onto Snow Canyon Parkway in the morning or afternoon. There needs to be a stop light somewhere on Snow Canyon Parkway as soon as possible. This will help them long enough so they can get out and go up the hill.

Mr. Baker advised a light at Paradise Canyon is on the master plan for the future.

Mayor McArthur instructed staff to install a temporary light at the Dixie Downs intersection.

Public Works Director Larry Bulloch asked for permission to begin design for the permanent light at the Dixie Downs intersection while the temporary light is put in.

The City Council granted their permission.

Larry Blake explained that when he received approval from the City Council last week for a conditional use permit to construct a car wash along River Road, Council Member Whatcott brought up the issue of a right hand turn lane off River Road into the project. Staff asked if he would be willing to give up a little property for this turn lane. He stated he wanted to be a good neighbor and told staff that if the City would relax the landscaping requirements a little, he would give up some property for a turn lane. He stated the biggest rub is that he already paid for the curb and improvements along River Road as part of a special improvement district. He inquired if the City would participate in some of the costs to move the curb and lay the asphalt.

Council Member Whatcott replied this would only be fair since the City is asking for the turn lane.

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City Attorney Shawn Guzman advised a cost sharing agreement would be needed.

Council Member Gardner commented that City Manager Gary Esplin said that staff would report to the City Council at this meeting on platting problems as far as the title companies are concerned. He stated that implementation of a law has created challenges in the business community with the way several things function. The City Attorney is supposed to report tonight about the issue and a work meeting scheduled with the title companies and business community. The issue has to do with abandoning old plats.

City Attorney Shawn Guzman advised he was not present at the last meeting, and Deputy City Attorney Paula Houston advised that what the City is requiring is standard and is what is required all the time.

Mr. Blake advised that his attorney, Chris Engstrom, does not agree with Deputy City Attorney Paula Houston?s interpretation of the law. If her interpretation of the law is correct, the City survey is a recorded plat and no one in the entire City would be able to sell a lot without abandoning the City survey, etc. Ms. Houston advised him that this was his problem, not hers. He stated he felt the City Attorney?s office would take repercussions against him. He requested a meeting with the City Attorney, Mr. Engstrom, engineers, and title companies.

City Attorney Shawn Guzman replied that the City Attorney?s office has never acted in any way that would make anyone think it would take repercussions against them. He stated they have a good relationship with the community.

Mr. Blake apologized and said he should not have made that statement, but as a developer he was afraid to have a conflict with staff.

City Attorney Shawn Guzman commented that he knows what the law says and has talked to several city attorneys about it. The law says something different than what cities are doing.

Mr. Blake stated maybe it would take the legislature to tweak the law, but the City?s current interpretation is that a subdivision cannot be filed on top of a subdivision. Every piece of property in this town is filed on top of a subdivision.

Council Member Allen commented that the matter may be subject to state law.

Council Member Gardner replied that most laws come down to enforcement. If there is flexibility to resolve the issue, then that needs to be addressed.

City Attorney Shawn Guzman agreed that the matter needed to be addressed.

Linda Kirkpatrick distributed layouts of her project and advised that the layout was slightly changed from the last one due to some innovative thoughts from the Planning Department. The product has the new urban feel with the main benefit being single family detached units. The units along the bottom south road will be two stories and 1400 sq. ft. The garages will be offset to provide an architectural feel. Concerns were

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expressed by the Fire Department and she sat down with Kevin Taylor and addressed them. The two back rows will be single family detached units, 2200 to 2500 sq. ft. The homes can be up to six bedrooms. They will have 480 sq. ft. garages. She stated she wanted to keep people in this community rather than have them go to Pecan Ridge in Hurricane. She inquired of the City Council if they had questions or concerns.

Council Member Allen commented that the neighbors will be out in force because the plan did not show 450 North as being finished.

Ms. Kirkpatrick replied that she has spoken with Springtree and David Chase and they are excited about the project. She stated the City will hear support from them.

Mayor McArthur inquired in what phase 450 North would be completed. He stated because the City allowed the road to be narrowed, Ms. Kirkpatrick agreed to finish both sides of the street.

Ms. Kirkpatrick replied that the first phase of this subdivision is the location of a Parade home and she has only 75 days to complete it. She advised her intent is to go further with the project but is concerned about bad weather. She stated she would get it done and keep moving forward, but cannot get it all done within the 75 day timeframe. Construction drawings are moving forward for the entire project.

City Attorney Shawn Guzman advised that staff told Ms. Kirkpatrick that the City would let her pave 450 North up to what she shows as the first street where she will have a Parade home. This will allow her to get her interior road done to the Parade home. The City still expects her to have 450 North completed. Staff prefers she not phase the project, but will allow her to do that one portion so she can get her Parade home done, and then she will finish the rest of 450 North as weather permits.

MOTION: A motion to adjourn to an executive session to discuss a property purchase was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Council Member Orton excused himself and left the meeting before the City Council reconvened in the Administration Conference Room for executive session.

MOTION: A motion to reconvene and adjourn was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Whatcott.

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VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried and the meeting adjourned.

Gay Cragun, City Recorder