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ST. GEORGE CITY COUNCIL MINUTES
WORK MEETING
FEBRUARY 28, 2008, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM
PRESENT:
Mayor Daniel McArthur
Council Member Jon Pike
Council Member Gil Almquist
Council Member Gloria Shakespeare
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun
EXCUSED:
Council Member Suzanne Allen
Council Member Gail Bunker
OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Mayor McArthur and the invocation was offered by Pastor Jimi Kestin. Mayor McArthur invited a Scout to introduce himself.
CAT TEAMS:
Police Chief Marlon Stratton requested clarification on which Council Members served over which CAT areas so that they can be advised of CAT Team meetings. He advised there were also vacancies on some CAT Teams and requested names for appointment. CAT Team assignments were made as follows:
Council Member Shakespeare - CAT Team Areas 1,3
Council Member Almquist - CAT Team Areas 9,10
Council Member Bunker - CAT Team Areas 5,7
Council Member Allen - CAT Team Areas 2,4
Council Member Pike - CAT Team Areas 6,8
DISCUSSION ON THE HILLSIDE ORDINANCE AND RELATED REQUIREMENTS:
Council Member Shakespeare commented she felt the hillside ordinance should be made more strict; building should not be allowed on 40% slopes and all buildings on plateaus should be set back at least 100' from the edge.
Community Development Director Bob Nicholson distributed and reviewed density and disturbance standards contained in the City?s ordinance and building setbacks and additional design standards contained in the City?s ordinance. He displayed and reviewed the City?s ridge line map and overlay zone map.
Council Member Almquist advised that the setback on cuestas is 100', but is 50' on plateaus.
Mr. Nicholson advised that staff is trying to walk every subdivision and mark rear lots line, especially on plateaus because it is difficult to define the abrupt edge.
Council Member Almquist advised at one time it was proposed that one story homes should have a 30' setback from the abrupt edge, and two story homes should be setback 50-60' from the abrupt edge.
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February 28, 2008
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City Attorney Shwan Guzman advised that no disturb zones are identified on plats, but the problem is when the lot sells the new owner does not check the plat and then builds in the no disturb area. Staff has to do a better job inspecting.
City Manager Gary Esplin suggested the ?no disturb? areas be staked before building permits can be obtained.
Cathy Hasfurther advised that staff does pre-lot inspections before building permits are issued. All lot corners are supposed to be pinned before final inspection of the subdivision.
Mayor McArthur suggested that the ?no build? areas be defined at the same time.
Council Member Shakespeare commented that there should be a way of notifying subsequent lot owners about the ?no build? area.
City Attorney Shawn Guzman replied at one time staff talked about putting poles that bend with the City logo on them to define the ?no build? areas. These poles would not be allowed to be removed.
Mayor McArthur suggested that staff come back with ideas to address this issue.
Council Member Almquist commented that the developers at the forefront are willing to show the excavators where the no disturb line is, and the developers should be the ones who foot the cost of the permanent ?no disturb marker?s. He suggested that anything over a certain amount should require a building permit.
Leisure Services Director Kent Perkins explained that the City has tried to acquire as much hillside property as possible, but in certain places the developers have already platted properties to the top of a ridge.
Council Member Almquist commented that the 30' setback requirement for ridgelines not identified on the ridgeline map is not enough.
Council Member Shakespeare agreed.
City Manager Gary Esplin explained that some of the decisions made by the City were due to a ?takings? issue. If the City imposed a 50' setback on both sides of a narrow plateau, the property might then become too narrow to be useable. This is one of the concerns that led to the compromise.
Council Member Almquist suggested that all steep slopes should be included in the hillside overlay zone.
City Manager Gary Esplin agreed, and stated that staff would report back to the City Council on the matter.
DISCUSSION ON MOVING CODE ENFORCEMENT TO THE LEGAL DEPARTMENT:
City Manager Gary Esplin explained that currently code enforcement officers have responsibilities tied to both the zoning and legal departments. He stated he
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February 28, 2008
Page Three
personally did not have an issue which department supervised Code Enforcement. The Legal Department deals with the ACE program and enforcing of infractions, so perhaps for continuity it would be best supervised by the Legal Department.
Mayor McArthur commented he felt Code Enforcement should be under the Legal Department.
City Attorney Shawn Guzman commented that in the end, he has to make sure that the City?s position is defensible.
Community Development Director Bob Nicholson commented that communication is needed regardless of which department supervises Code Enforcement. He stated that citations have been written in the past without regard to who owns the property, and he would like that to continue.
DISCUSSION ON A REQUEST FROM FIESTA FUN FOR ACCESS THROUGH CITY PROPERTY:
Brett Crockett, owner of Fiesta Fun Center, explained he would like to develop the back of his property which is currently being used for a driving range. He stated he would like to build a 30,000-40,000 building on it, with parking behind it, and demolish the present building which is too small. He stated that currently his parking lot provides parking for the skate park. Access to the back of his property is needed through a portion of adjacent City property.
City Manager Gary Esplin advised that Snow Park was built with federal funds and there are federal requirements prohibiting any displacement of that park property.
Leisure Services Director Kent Perkins explained that the JC Snow Park property was purchased through Bureau of Outdoor Recreation funding, and any park property traded to the Crocketts would have to be replaced with equal value property. That value would have to be determined by an appraisal. He stated he was not opposed to screening of the property as proposed by Mr. Crockett, but stated he would like it to be well done with a wall or landscaping which would enhance the park. He stated he had no problem with an access over the City?s sewer and storm drain line. He advised that a new parking area for the skate park is planned, as well as lights for the skate park and cameras.
Mr. Crockett agreed to turn the road so that it did not cross park property.
City Manager Gary Esplin commented that perhaps a way could be figured out to integrate the park into Mr. Crockett?s project.
Mr. Crockett advised that for liability purposes, his facility had to locked at night.
Council Member Almquist suggested that chain link fencing be used with plantings along along it to create a green wall that is not easily climbed and cannot be vandalized with paint.
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February 28, 2008
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DISCUSSION ON ESTABLISHMENT OF A FUND FOR WATER-RELATED DAMAGES:
Water Services Director Barry Barnum advised that the Sewer Department has a hardship fund to help replace orangeberg laterals.
City Manager Gary Esplin suggested that a certain number of dollars each year be placed in a no-fault fund to help citizens with water-related damages.
City Attorney Shawn Guzman advised he had no problem with the idea legally, but the City would not be admitting fault.
City Manager Gary Esplin suggested a maximum fixed amount be established, no matter the amount of damage, as a good faith effort on the City?s part.
Mayor McArthur inquired if the City covers the cost to repair flood damage if it is at fault.
City Attorney Shawn Guzman replied in that event the City steps in right away.
Mr. Barnum advised he contacted several other communities and they all fix property damage or pay someone to clean-up. They accept responsibility without admitting liability. Some have limits and some do not. Most do not recognize acts of God.
City Attorney Shawn Guzman advised the City currently receives approximately five sewer claims and four to five water claims each year. He stated staff has found that some of the bigger sewer backups are associated with construction projects and construction debris that gets into the line and blocks it.
City Manager Gary Esplin suggested a small fee could be added to the water bills to establish the fund.
Mr. Barnum advised that the ordinance allows enterprise funds to add certain charges to a bill to establish the fund.
City Manager Gary Esplin advised that staff would come back with suggestions for establishment of the fund. He clarified that the fund would be tied to utility functions only, and not storm runoff. He advised the Fire Department currently assists flooding victims by pumping their basements.
Council Member Almquist commented he hoped citizens would not think they did not have to obtain flood insurance because the City is going to cover the damage costs.
MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin advised a church in the County would like to hook to the City?s nearby regional sewer line. He suggested the church be allowed to do so and pay the impact fee. If the church is annexed into Washington, the City will give the impact fee to Washington. The Mayor and City Council concurred with this recommendation.
Brooke Bradshaw, a resident adjacent to the Ft. Pierce Wash, expressed concern about the tamarisk removal and resulting loss of view and dust problems. She stated
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February 28, 2008
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her biggest concern was not knowing the City?s plan for the wash. Ms. Bradshaw was directed to Marc Mortensen who explained the City?s plan.
ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Pike to adjourn to an executive session to discuss a property sale and purchase.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
The vote was unanimous and the motion carried.
Mayor McArthur adjourned the meeting upon conclusion of the executive session.
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Gay Cragun, City Recorder |
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