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May 4 2006 City Council Minutes



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

MAY 4, 2006, 4:00 P.M.

CITY COUNCIL CHAMBERS



PRESENT:

Mayor Daniel McArthur

Council Member Larry Gardner

Council Member Bob Whatcott

Council Member Rod Orton

Council Member Suzanne Allen

Council Member Gail Bunker

Deputy City Attorney Paula Houston

City Recorder Gay Cragun



EXCUSED:

City Manager Gary Esplin



OPENING:

Mayor McArthur called the meeting to order and welcomed all present. He led the pledge of allegiance, after which Reverend Susan Wiltsey of Grace Episcopal Church offered the invocation. Mayor McArthur advised that Council Member Allen would arrive late, and that he had to leave at 4:45 p.m. to attend Dixie College President Lee Caldwell?s inauguration. Council Member Whatcott will be serving as Mayor Pro Tem in his absence.



Mayor McArthur advised that until Council Member Allen and Council Member Gardner arrived, all action of the City Council would have to be unanimous in order for an item to be approved.



TABLE ITEMS:

Mayor McArthur advised that three items were tabled from the agenda:



Item 3A, a public hearing to consider approval of the amended preliminary plat for Sienna Park Condominiums at Stonebridge located at Country Lane off Stonebridge Drive. Brian McMullin, applicant.



Item 4A, to consider approval of an ordinance amending the St. George City Code to require completion of improvements prior to issuance of a building permit, a secondary irrigation water system, and empty conduits in the PUE.



Item 6D, to consider approval of a cooperative agreement with UDOT for design of the Atkinville Interchange/Southern Parkway by Horrocks Engineering.



Council Member Gardner arrived.



PROCLAMATION:

Exalted Ruler of the Elks Lodge, Dave Tisdale, advised that Youth Week begins May 7. He then listed the many activities being held during this week. He introduced the Youth Committee Chairman and distributed National Youth Week T-shirts to the Mayor and Council.



Mayor McArthur read a proclamation proclaiming the week beginning May 7 as Youth Week in the City. He thanked Mr. Tisdale for the many things the Elks do for the community.



RETIREMENT PRESENTATION:

In recognition of 28 years of dedicated service, Mayor McArthur presented Administrative Services Director Joe Vincent, who is retiring, with a plaque. He then presented Mr. Vincent?s wife, Carol, with a bouquet of roses. Mayor McArthur announced that a retirement reception in Joe?s honor will be held May 8 at 2:30 p.m. in the City Council Chambers.



Carol Vincent said it has been a privilege for Joe to work for the City these many years and expressed appreciation to his co-workers and those who assisted him in his duties. She also thanked the wonderful mayors and city councils he has worked with through the years.



Joe Vincent said that he has had the opportunity to work with the best and brightest and that he had admiration and respect for every city council member he has worked with and appreciated the opportunity to workwith them. He stated he has been blessed to work with the top city administrator in the state, as well as his coworkers who have come to be his friends.



Mayor McArthur replied that it was not easy after 28 years of service to simply hand Mr. Vincent a plaque and say ?thank you?. He stated he was sure that all who worked with Joe have appreciated his expertise. Mayor McArthur wished him well.



APPOINTMENTS:

Appointments to boards and commissions of the City.



Mayor McArthur recommended that Julie Hullinger and Mike Nobis be appointed to serve on the Planning Commission in place of Myrna Stout, who resigned, and Vince Clayton, whose term has expired.







St. George City Council Minutes

May 4, 2006

Page Two



MOTION: A motion was made by Council Member Gardner to appoint Julie Hullinger and Mike Nobis to serve on the Planning Commission.

SECOND: The motion was seconded by Council Member Whatcott.

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



AWARD OF BID: Consider award of bid for modular furniture for the new Water and Energy Services building.



Purchasing Manager Connie Hood recommended award of the bid to Henriksen Butler, the state contract vendor, to custom design modular furniture concurrently with construction of the new water and energy services building in the amount of $63,124.21.



Council Member Gardner stated he felt local vendors should have been given the opportunity to bid.



Ms. Hood replied that Southern Utah Office Furniture is not large enough to provide the custom furniture needed.



MOTION: A motion was made by Council Member Gardner to award the bid to the state contract vendor in the amount of $63,124.21

SECOND: The motion was seconded by Council Member Bunker.



Ms. Hood explained that the furniture is for the entire building.



Mayor McArthur advised the building is 32,000 sq. ft.



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



AWARD OF BID:

Consider award of bid to replace the roof of the Parks building in the Millcreek Industrial Park.



Purchasing Manager Connie Hood advised that two bid packets were sent out and therequest for bids was published in the newspaper, but only one response was received from Stuart Stout Roofing, a local vendor. Staff recommends award of the bid to the sole bidder as there is a bad leak in the building which could ruin the electronic equipment. The bid amount is $43,640 which is within the budgeted amount.



MOTION: A motion was made by Council Member Orton to award the bid to Stuart Stout roofing in the amount of $43,640.

SECOND: The motion was seconded by Council Member Gardner.

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



Ms. Hood advised that the new roof would be in place before June 30.



AWARD OF BID:

Consider award of bid for information software modules.



Purchasing Manager Connie Hood recommended award of the bid for software for legal case management, building department and business licensing in the amount of $110,000 . She advised that the new software will tie all the data bases together, and eventually other City facilities.



Support Services Manager Marc Mortensen explained that the total price is $70,000 for the software, with the remainder of the fees for installation, licensing, etc. Finance Director Phil Peterson has been using Eden Systems for years, which is now Encode, and this is just an addendum to the existing contract with Encode. The software will allow all data bases within the City Office to communicate, and eventually through the network will allow all City buildings to be tied together. This is a sole source situation, and Encode serves 500 cities throughout the United States and has rave reviews. Staff recommends approval. Mr. Mortensen explained that in the current budget the Finance Department has budgeted $13,000 for business license software, and the Legal Department budgeted $30,000 for software. Only $67,000 will be needed from the Capital Projects Fund to pay the remaining balance.



Council Member Gardner commented he hoped this was not a case of spending money just because it was close to the end of a budget year.



Mr. Mortensen replied that the software is not a luxury item, but a necessity due to all the growth.



MOTION: A motion was made by Council Member Gardner to award the bid to Encode in the amount of $110,000.

SECOND: The motion was seconded by Council Member Bunker.

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



AWARD OF BID:

Consider award of bid for an IP based phone system for the new Water and Energy Services building.



St. George City Council Minutes

May 4, 2006

Page Three



Purchasing Manager Connie Hood explained that this bid is for the first phase of the voice over phone system. The estimated amount is $121,805.02. The water and energy services departments will fund the first initial phase.



MOTION: A motion was made by Council Member Orton to award the bid to Cache Valley Electric in the amount of $121,805.02.

SECOND: The motion was seconded by Council Member Gardner.

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



AWARD OF BID:

Consider award of bid for PRI phone service.



Purchasing Manager Connie Hood recommended award of the bid to Cache Valley Electric, a partner with Qwest, to provide PRI phone service. The City is currently contracting with McCloud on a month-to-month basis, and will realize a cost savings.



Support Services Manager Marc Mortensen explained that staff has been working with Cache Valley Electric who has the state contract. The City will save $6,100 in trunk and phone lines, and $4,400 in annual long distance charges.



Jim Cooke advised that a committee was formed to look at the various systems and Cache Valley came out on top. The City will realize a $10,000 savings.



MOTION: A motion was made by Council Member Orton to award the bid to Cache Valley Electric.

SECOND: The motion was seconded by Council Member Whatcott.

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



AWARD OF BID:

Consider award of bid for the Gunlock pipeline through Santa Clara.



Purchasing Manager Connie Hood explained that the pipeline is nearing the end of its service life and because of homes which have been built, it will now be impossible to do major renovations to keep the line in service. It is proposed to build a new line during the reconstruction of Santa Clara Drive. UDOT is doing the reconstruction and the pipeline is proposed to be included in the UDOT contract. The cost estimate is $578,450.



Council Member Gardner commented he didn?t remember any major breaks in this line.



Water Services Director Barry Barnum explained that there have been breaks in the line, but only one of any substance. However, even small leaks can do damage, especially in the Heights due to the clay. A component of this project is also installation of conduit to carry a power line to Gunlock parallel to the water line. With completion of this phase, the entire length of pipeline will now be done.



MOTION: A motion was made by Council Member Gardner to award the bid in the amount of $578,450.

SECOND: The motion was seconded by Council Member Whatcott.

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



AWARD OF BID:

Consider award of bid for power transformers for the Ledges Substation.



Purchasing Manager Connie Hood explained that five suppliers submitted bids, and after review of the bids, it is recommended the bid be awarded to GE/Hughes Supply, formerly Western States, in the amount of $451,685.



An unidentified City employee explained that the GE transformer is the lower loss unit, and the Virginia unit did not meet the loss. Staff feels strongly that it wants the vacuum driver to get a longer life transformer. He advised that impact fees will more than cover the cost.



MOTION: A motion was made by Council Member Bunker to award the bid to GE/Hughes Supply in the amount of $451,685.

SECOND: The motion was seconded by Council Member Orton.

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



AWARD OF BID:

Consider award of bid for a three million gallon concrete water tank to serve the Ledges/Trails area.



Purchasing Manager Connie Hood advised that the low bidder is Interstate Rock at $1,114,274.80.



Council Member Orton inquired how many people this water tank would serve.



An unidentified City employee replied that it would serve more than the Ledges area.



Council Member Gardner inquired if it would be interconnected to the rest of the system.



An unidentified City employee replied that it would be connected.



St. George City Council Minutes

May 4, 2006

Page Four



Water Services Director Barry Barnum advised that the water tank would serve 10,000 people.



MOTION: A motion was made by Council Member Orton to award the bid to Interstate Rock in the amount of $1,114,274.80.

SECOND: The motion was seconded by Council Member Bunker.

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



RESOLUTION:

Consider approval of a resolution adopting the preliminary budget for fiscal year 2007.



Administrative Services Director Joe Vincent presented the 2006-2007 budget and advised that it did not include any tax or fee increases. Public hearings will be scheduled for both City Council meetings in June, with adoption on June 15.



Budget and Financial Planning Manager Deanna Brklacich commented that it has been a pleasure working with Mr. Vincent.



Mr. Vincent advised that when he began employment with the City, there were 125 employees. There are now over 500, and the City has grown from a population of 10,000 to 80,000.



Mayor McArthur commented that it was significant there were no increases in fees or taxes in the budget, and there have only been a few times the City Council has approved bonding for improvements.



Mr. Vincent advised that when he began employment with the City, property tax was the largest revenue source. Property tax revenue is now only 1/3 of what sales tax is and keeps going down compared with revenues each year.



MOTION: A motion was made by Council Member Orton to approve the resolution.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a roll call vote, as follows:



Council Member Orton - aye

Council Member Gardner - aye

Council Member Whatcott - aye

Council Member Bunker - aye



The vote was unanimous and the motion carried.



Mayor McArthur asked to be excused from the meeting and suggested that Council Member Whatcott be appointed as Mayor Pro Tem in his absence.



APPOINT MAYOR PRO TEM:

MOTION: A motion was made by Council Member Gardner to appoint Council Member Whatcott as Mayor Pro Tem.

SECOND: The motion was seconded by Council Member Orton.

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



SPECIAL EVENT PERMIT:

Consider approval of a special event permit for a dance at the Fiesta Fun Center.



Support Services Manager Marc Mortensen advised that the application is in order.



Business License Officer Laura Woolsey advised that the application is in order, Lorin Johnson approved the security plan, and there have not been any problems with the event in the past. She recommended approval. She advised that Kevin Taylor would perform an inspection the day of the event.





MOTION: A motion was made by Council Member Gardner to approve the special event permit.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



AMENDMENT TO AGREEMENT:

Consider approval of an amendment to the Entrada water supply agreement.



MOTION: Council Member Orton made a motion to approve the agreement.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye.



Council Member Orton commented that the agreement was the same, just with different players.



Council Member Gardner inquired of Brian Chadaz when Entrada was going private.







St. George City Council Minutes

May 4, 2006

Page Five



Brian Chadaz replied that the members voted to take it private effective April 1, but there will be some public play until October 1.



AGREEMENT:

Consider approval of an agreement with the St. George Clara Canal Co. to assign its easements to the City.



Water Services Director Barry Barnum explained that the agreement involves rights-of-way and easements for the canal company. Over the years there have been building encroachments on the system as well as liability issues. The agreement will allow the canal company to assign its easements to the City and the City will accept the responsibility to deliver water to the shareholders. The old canal and easements can then be abandoned by the City. One reason for doing this is because there are legal implications from all the encroachments on the easements. The City is a 38% owner in the canal company and would be a participant in these legal actions. This is the easiest and most economical way of solving the problem for the City, shareholders, developers, and property owners who have encroached on the canal.



Council Member Gardner inquired if there was a failure in the pipeline if the City would be able to meet its needs.



Mr. Barnum replied that the City is the only one who could solve the problem as it has access to all roadways and trails as potential easements and could offer temporary relief through use of fire hoses, for example, to supply irrigation water. The reuse pipeline is robustly built and a good deliverer of the pressurized system.



MOTION: A motion was made by Council Member Gardner to approve the agreement.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider a zone change from R-1-10 and PD Residential to R-1-8 on 22.82 acres located at 700 South and Dixie Drive (the old Green Valley Golf Course). Rob Reid, agent.



Community Development Director Bob Nicholson explained that the applicant plans to drain and fill the existing ponds. The primary reason for the zone change is to keep development off the slopes. The request is consistent with the general plan, up to four units per acre, and the Planning Commission recommends approval. There is still an issue, however, with the Highlands and potential litigation that does not affect the zone change but will have to be resolved before preliminary plat approval.



Council Member Whatcott commented that construction appeared to be staying out of the 30% slope area which justifies the request for a zone change.



Council Member Bunker inquired who was responsible for possible failure of a home due to expansive soils.



Mr. Nicholson replied that a soils report note is included on the subdivision plat, and as each building permit comes in there has to be a soils report for each lot. The City relies on geotech firms to provide the expertise on how a homeowner has to build.



Council Member Orton inquired as to preventive measures taken for public streets.



Mr. Nicholson replied that the City requires bad soil to be removed, over-excavated, or addressed.



Rob Reid explained that the applicant is in compliance with the Hillside Ordinance and has stayed off steeper slopes. He has tried to cluster the units, but there are some things in the ordinance that will not allow him to do this.



Mayor Pro Tem Whatcott opened the public hearing.



Gordon Paxman, a resident adjacent to the golf course, inquired about the ponds and drainage.



Mr. Reid replied that there is an addendum to the geotech report to address the issue of ground water. Drains will be installed in the streets which will tie into the storm drainage system in Dixie Drive and eventually drain into the Santa Clara River.



Mr. Paxman commented that the ponds continue to fill each year.



Council Member Orton advised that the developer will be responsible for that.



Mr. Paxman inquired about the existing easement between his home and the golf course.



Mr. Nicholson replied that this would have to be addressed in the platting phase.







St. George City Council Minutes

May 4, 2006

Page Six



Mr. Reid advised that the easement is a typical 7.5' easement on the subdivision plat, and would remain in place.



Mr. Paxman requested assurance that drainage would not affect him as it runs continually behind his home.



Mayor Pro Tem Whatcott advised that this would be taken care of by the developer. He then closed the public hearing.



MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:



Council Member Gardner - aye

Council Member Bunker - aye

Council Member Orton - aye

Mayor Pro Tem Whatcott - aye



The vote was unanimous and the motion carried.



Support Services Manager Marc Mortensen inquired what would happen to the Green Valley sign on the hillside.



Mr. Reid replied that it is the developer?s intent to remove it. Feedback from residents indicate they would just as soon have it removed.



Maurice Clark stated he wanted to see the plan for the development as there is a 25' easement adjacent to his yard where the water runs.



Mayor Pro Tem Whatcott advised that the matter before the City Council is a zone change, and issues such as these would be dealt with as part of plat approval.



Rebecca Hardiman stated she would rather have larger lots.



Mr. Reid replied that there are 50 lots, half of which are larger than 10,000 sq. ft., and the other half are 8,000 sq. ft. or larger.



PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider a zone change from A-1 to R-1-10 on 4.61 acres located at 2110 East and 2650 South. Warren Hannig, applicant.



Community Development Director Bob Nicholson explained that the request is consistent with the general plan, up to four units per acre. When the plat comes through staff will work to try and get a trail along the canal. The Planning Commission recommends approval.



Mayor Pro Tem Whatcott opened the public hearing.



Jeanie Black explained that east of the zone change is a pasture owned by Clark Houston. She warned about the danger to livestock from oleanders, and stated that she knows of two junior livestock animals who recently died from eating oleander leaves from neighboring properties. 2800 South is posted at 25 mph, but cars usually travel this road at 45 mph. She suggested that oleanders be banned in agricultural areas similar to what Las Vegas has done. She stated she has to walk her property every time the wind blows to protect her animals from oleander leaves.



Support Services Manager Marc Mortensen advised that staff has been crafting an ordinance to ban oleanders near agricultural zones, and this will be presented soon to the Mayor and Council for approval.



Council Member Gardner commented that he and others have lost livestock due to oleanders and they can be fatal to children as well. He stated he did not know why they are still being planted.



Ms. Black inquired if there were going to he horse trails in the area.



She was advised that the canal will be an equestrian trail and the City is working on other trails in the area.



Gary Rink advised that he lives south of the Hannig property and is developing to the south. He commented that 2800 South is a speedway, and inquired what would happen to the canal along the Hannig property.



Community Development Director Bob Nicholson replied that the current plan is to pipe the canal and have a trail easement from Red Butte Estates on up.



Gary Rink commented that there is water between 2800 South and his property and inquired what would happen with it.







St. George City Council Minutes

May 4, 2006

Page Seven



Council Member Gardner replied that there will be an irrigation easement as long as the water is being used.



Darrin Hinton, Alpha Engineering, advised that he represents Warren Hannig. He advised that the Houston brothers signed the zone change application in support of it. With regard to the oleanders, he did not see a problem with not planting them in the subdivision. He was not, however, familiar with the canal part of the project.



Council Member Whatcott inquired if Mr. Hannig wanted R-1-10 zoning because Jedora was zoned R-1-10.



Mr. Hinton replied that the project will be connected to 2110 East so the zoning makes sense.



Council Member Gardner inquired if changing to RE-12.5 zoning would be a problem.



Mr. Hinton replied that Mr. Hannig wants R-1-10 zoning.



Council Member Gardner commented that RE-12.5 zoning seemed more consistent with the area.



Community Development Director Bob Nicholson commented that the master plan designates the area for up to four units per acre, but it is up to the City Council to make site specific determinations as to zoning.



Gary Rink commented that he has two acres to the south, and if this zone change is granted for R-1-10 zoning, he would also like R-1-10 zoning.



Council Member Whatcott commented that the property to the south is zoned RE-12.5, and to the north is R-1-10. He inquired where the line was going to be drawn. There being no further public comment, he closed the public hearing.



Mark Bradley advised that the road through the project will tie into Coyote Springs. Staff does not have a strong view either way on the zoning.



Council Member Gardner commented that there is a natural break for zoning at the ridge where the canal is located, and it made more sense to keep RE-12.5 zoning. He stated he knew the City Council had talked before about the north/south line, but it has also talked about the lower area having more of an open, rural feel.



Council Member Orton commented that R-1-10 zoning did not bother him.



Community Development Director Bob Nicholson commented that one option would be to continue the matter and have the applicant come back with an RE-12.5 layout to see what the impact to the project would be.



Rob Reid advised that the lots are 75' wide.



Council Member Whatcott commented that long skinny lots were created to maximize R-1-10 zoning, and RE-12.5 would provide more of a rural feel.



Mr. Nicholson advised that the minimum width for a lot is 80'.



Council Member Bunker inquired if the applicant was against RE-12.5 zoning.



Mr. Reid replied that the applicant seems intent on R-1-10 zoning to maximize his property.



Council Member Whatcott inquired of Mr. Reid if he had drawn out a plan using RE-12.5 zoning.



Mr. Reid replied that he had not, and guessed that two lots would be lost.



Council Member Gardner inquired as to the sizes of the lots.



Mr. Reid replied that he did not know, but the density is less than RE-12.5 density.



Community Development Director Bob Nicholson commented that the lot requirements are the same in either zone, and he was not sure the applicant would lose anything.



Mr. Reid replied that the lots cannot be arranged any other way due to the easements.



MOTION: A motion was made by Council Member Gardner to approve the zone change to RE-12.5 zoning.

SECOND: The motion was seconded by Council Member Bunker.



Council Member Orton commented that he would prefer to postpone the matter and have it drawn as RE-12.5 zoning and come back to the Council for action.



WITHDRAW MOTION: Council Member Gardner withdrew his motion.





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May 4, 2006

Page Eight



MOTION: A motion was made by Council Member Gardner to table the item.



Council Member Bunker commented that the long skinny lots will encourage building one

home behind another and a few years down the road this might be a problem.



Council Member Gardner commented that the lots will be treated as agricultural lots, but the owners will not have that option. There is a lot of depth to the lots and the opportunity to keep a horse in the back, but that can?t happen if the lots are zoned R-1-10.



SECOND: The motion was seconded by Council Member Orton.



VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



Support Services Manager Marc Mortensen advised that the matter would be scheduled on the May 18 agenda.



PUBLIC HEARING/PRELIMINARY PLAT:

Public hearing to consider approval of the preliminary plat for Painted Desert Estates Phase 10 located south of 2450 South and 1250 East. Dan Parkin, applicant.



City Planner Mark Bradley explained that the plat consists of two single family patio home sites, with setbacks and separations similar to the rest of Painted Desert. The Planning Commission recommended approval subject to the plat being included in and part of the overall PD homeowner?s association, CC&Rs, etc., and adjust pad #93 setback to be 8' from the phase boundary line.



Mayor Pro Tem Whatcott opened the public hearing.



Jim Able, a resident of Painted Desert Estates, commented that the plat needed to be consistent with the rest of the PD and that the people who purchased the two homes will need to follow the CC&Rs.



There being no further public comment, Mayor Pro Tem Whatcott closed the public hearing.



MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Bunker.



Council Member Allen arrived.



VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



PUBLIC HEARING/AMENDED PRELIMINARY PLAT:

Public hearing to consider approval of the amended preliminary plat for Sienna Park Condominiums at Stonebridge located at Country Lane off Stonebridge Drive. Brian McMullin, applicant.



This item was tabled.



PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:

Public hearing to consider amending the General Plan Land Use Map to change the land use designation of Open Space to Very Low Density Residential on 93.51 acres located west of Tonaquint Drive, south of the Tonaquint Terrace Subdivision, and along the Bloomington ridge line. SITLA and Quality Development, applicants.



Community Development Director Bob Nicholson explained that the General Plan designates the area as open space, and the current zoning is open space. The Planning Commission took a site visit to the area with discussion about how best to preserve some of the unique features on the property. The applicant would like R-1-40 zoning which has a provision to allow clustering. The density would be one home per acre, with clustering on lots as small as 8,000 sq. ft. provided the balance of the property is open space. A portion of the site is outside City boundaries, and the applicants are willing to donate a rock park to the City. Because there are rocks throughout the site, the question has come up of whether to cluster tightly or do as the applicants want which is to spread the units out with open space dedication. Public streets are proposed. Rock areas on private lots would be deed restricted so there is no disturbance, and only a percentage of the lot can be disturbed. The Planning Commission recommends approval.



Curt Gordon, representing SITLA, agreed that the property is unique. He explained that SITLA is entering into a joint venture transaction with Quality Development to develop the property. The intent is to have a low impact development to fit the homes and lots into the environment to take advantage of the beauty and natural landscape. Over 35 acres of open space will be deeded to the City, with trails for connectivity throughout the project. There will be 78 lots for a density of 1.19 units per acre, with 36 acres of deed-restricted private space. There will also be an annexation of 20.93 acres. The intent is



St. George City Council Minutes

May 4, 2006

Page Nine



to fit the homes into the site and not grade the entire site. Clustering the homes would result in more disturbance by having to create terraces and walls. Mr. Gordon explained that the roads will be built mostly perpendicular to the slopes and in low drainage areas so there will not have to be a lot of cuts and fills. He stated he would like to reduce the width of the roads so they do not have a big visual impact.



Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing.



MOTION: A motion was made by Council Member Gardner to approve the amendment to the General Plan Land Use Map by ordinance as requested.



Council Member Bunker commented that the area is incredibly beautiful and that she hated to see it developed at all as there were not any areas of open space left within the City. She stated she also hated to see more traffic on Tonaquint Drive.



Council Member Gardner inquired when the property was designated as open space, and if it was designated such as a holding zone.



Mr. Gordon replied that it was designated open space as a holding zone when it was annexed.



Council Member Orton commented he felt that more people would be able to enjoy the open space because the property is being developed.



Community Development Director Bob Nicholson advised that the property was originally BLM ground, and then SITLA acquired it. The goal is to not use Open Space as a holding zone so that when people purchase property around it, they aren?t misled that the property will remain open space. This City is trying to make this differentiation by now using Mining and Grazing as a holding zone. In the case of SITLA, they have thousands of acres, and this parcel is a relatively small one compared to their overall holdings. The



City has been pushing to have the unique pristine areas set aside and will hopefully hold them to their commitment that some of these areas can be preserved.



MOTION: Council Member Gardner again repeated his motion to approve the amendment to the General Plan Land Use Map by ordinance.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:



Council Member Gardner - aye

Council Member Orton - aye

Council Member Bunker - nay

Council Member Allen - aye

Mayor Pro Tem Whatcott - aye



The motion carried.



PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider a zone change from Open Space to R-1-40 on 93.51 acres located west of Tonaquint Drive south of the Tonaquint Terrace Subdivision and along the Bloomington ridge line.



Community Development Director Bob Nicholson explained that staff will address clustering when the preliminary plat comes in.



Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing.



Council Member Allen inquired of the applicant if the design standards were going to be tight.



Curt Gordon, SITLA, replied that they would be tight, and there would also be CC&Rs and deed restrictions.



Council Member Allen inquired what would happen when the homes sell.



Mr. Gordon replied that the Planning Commission and City Council have control over what can and can?t happen, and that CC&Rs will be imposed along with deed restrictions. There will also be a homeowners? association.



Mayor Pro Tem Whatcott inquired if there was the potential to have the trail loop.



Ed Burgess, Quality Development, replied that the proposed trails will tie into the City?s trail system. It is best for the City to own and maintain the rock park, and the four to five acre park will also be maintained by the City. The trails will be maintained by the City.



Leisure Services Director Kent Perkins explained that there would be the ability to create a loop, but it comes down to what kind of trail the City Council wants. The trails are native trails in areas that are primitive and rocky and probably should remain so.



St. George City Council Minutes

May 4, 2006

Page Ten



Curt Gordon explained that the concept is to create access to the open space via the road, and there is no reason why the trail can?t follow the road. Also, a trail could be done as opposed to sidewalk and it could meander through the open space.



Council Member Allen commented that she pictured more of a primitive hiking trail.



Leisure Services Director Kent Perkins replied that the City could not have only native trails because older people, mobility challenged people, and strollers could not use them. He stated he hoped for a combination of trails within the site to accommodate everyone.



Council Member Bunker suggested that Planning Commission Chairman Gil Almquist?s suggestion be considered that instead of having all the acreage zoned, the applicants consider looking at the topography and then decide where the homes can be located and rezone only those areas.



Community Development Director Bob Nicholson replied that R-1-40 zoning allows clustering and provides a balance in open space. The preliminary plat stage will provide finer planning on building pads and lots.



Mayor Pro Tem Whatcott inquired if there was a need for R-1-40 zoning for the entire portion, or if the portion donated to the City could be left as open space.



Community Development Director Bob Nicholson replied that the applicant needed the zone change for overall density. In order to get 78 lots, they need 78 acres zoned R-1-40. 93 acres would not have to be rezoned, but 78 acres would.



Mayor Pro Tem Whatcott inquired if this could be done through a development agreement.



Ed Burgess advised that SITLA can?t develop the land directly; the developer purchases the land and then donates it to the City. The entire parcel needs to be zoned the same for appraisal purposes.



Mr. Gordon commented that SITLA would commit to do what the City is asking them to do in terms of fitting the homes in and including everyone who wants to be involved in the process.



Mayor Pro Tem Whatcott commented that when the property is donated to the City, it can then rezone it back to open space.



MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:



Council Member Gardner - aye

Council Member Orton - aye

Council Member Allen - aye

Council Member Bunker - aye

Mayor Pro Tem Whatcott - aye



The vote was unanimous and the motion carried.



Mayor Pro Tem Whatcott called for a five minute break.



PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider a zone change from Mining & Grazing to either A-1 or A-5 for 95 acres located on the west side of U-18 at about 4200 North for the JEL Ranch Subdivision and property to the north. City of St. George, applicant.



Community Development Director Bob Nicholson explained that when this area was annexed in 2001, it was annexed as Mining and Grazing. The City?s intent, however, was to zone it either A-1 or A-5. A clarification is now needed. Residents in the area ask that the matter be continued for two weeks as they need more time for discussion and to reach a consensus.



Mayor Pro Tem Whatcott opened the public hearing.



MOTION: A motion was made by Council Member Orton to continue the public hearing for two weeks.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



ORDINANCE:

Consider approval of an ordinance amending the St. George City Code to require completion of improvements prior to issuance of a building permit, a secondary irrigation water system, and empty conduits in the PUE.



This matter was tabled.





St. George City Council Minutes

May 4, 2006

Page Eleven



ORDINANCE:

Consider approval of an ordinance amending Title 9, Chapter 1, St. George City Code, to increase the number of alternate members of the building code board of appeals.



Deputy City Attorney Paula Houston advised that an ordinance amendment is needed because at the present time the City has five positions defined by type of profession, and only two alternates which do not cover all the professions. If the alternates are not for the positions which are unavailable, the hearing has to be continued, and this is very inconvenient.



MOTION: A motion was made by Council Member Orton to approve the ordinance.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a roll call vote, as follows:



Council Member Orton - aye

Council Member Gardner - aye

Council Member Allen - aye

Council Member Bunker - aye

Mayor Pro Tem Whatcott - aye



The vote was unanimous and the motion carried.



AGREEMENT:

Consider approval of a cooperative agreement with UDOT for design of the Atkinville Interchange/Southern Parkway by Horrocks Engineering.



This item was tabled.



SET PUBLIC HEARINGS:

City Planner Ray Snyder advised that the Planning Commission, at its meeting held April 25, 2006, recommended that a public hearing be scheduled for June 1, 2006 at 5:00 p.m. to consider a zone change from M&G to PD on 335.54 acres located at approximately 4200 North east of State Highway 18, and a request to amend St. George City Code, Title 10, Chapter 11, Section 10-11-2, to incorporate small animal boarding facility and small animal hospital as permitted uses within the M-2 zone.



MOTION: A motion was made by Council Member Gardner to schedule the public hearings as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



FINAL PLATS:

City Planner Ray Snyder advised that the Planning Commission, at its meeting held April 25, 2006, recommended approval of the final plats for Ancestor Estates Phase I, a road dedication plat for a portion of 1450 South Street and a portion of 1490 East Circle located east of River Road, and Huntington Phase 5.



MOTION: A motion was made by Council Member Orton to approve the final plats.

SECOND: The motion was seconded by Council Member Gardner.

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



CONDITIONAL USE PERMIT (2006-CUP-013):

Consider approval of a conditional use permit to construct a new intermediate school on 2070 South Street and west of Tonaquint Drive. Washington County School District, applicant.



MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Orton.



City Planner Ray Snyder advised that staff has no issues with the request.



Mayor Pro Tem Whatcott inquired where the adjacent roadway would go.



Glen Carnahan, Alpha Engineering, representing the School District, explained that in acquiring this property they worked with adjacent developers. Due to topography, the road will curve to the right and is planned to interconnect with a planned subdivision in the area and then to 2070 South. A preliminary layout was done to make sure the roads worked for the developer and they will be completed with development of the adjacent property. The School District is participating with the developer to complete the entire length of 2070 South through both school sites.



Mayor Pro Tem Whatcott commented he hoped that all options had been looked at so the City would not be stuck with a partially developed road.



Mr. Carnaham clarified that the intermediate school is now under construction and the elementary school to the west will be built within the next five years, depending on how quickly the area around it develops.





St. George City Council Minutes

May 4, 2006

Page Twelve



Council Member Orton inquired how construction could begin without a conditional use permit from the City.



Mr. Carnahan explained that the School District began construction on the building but not on the site improvements. They obtained permits to do the rough grading and excavation for the pads, and have also obtained approval for the drawings for road construction. They are not, however, required to have a building permit in order to build the building because it is a state facility.



Council Member Orton inquired what would happen if the City Council denied the conditional use permit.



Mr. Carnahan replied that he did not know.



Mayor Pro Tem Whatcott commented that he agreed the School District did not have to pay impact fees, but commented that they did have to abide by municipal requirements.



Council Member Orton inquired why the School District was requesting a conditional use permit if they did not have to.



Mr. Carnahan replied that there is some confusion in the School District?s mind as far as interpreting the law and whether a conditional use permit is required or not.



Ray Snyder commented that staff?s position is clear - the zoning ordinance requires a conditional use permit.



Paula Houston, Deputy City Attorney, advised that the School District does not need a building permit from the City, and in fact the City is not allowed to inspect the building if inspectors authorized by the state through the school system are used. However, she has the same question about the requirement for a conditional use permit, and given the fact that the law just changed, she did not know. She would research the issue, however.



Council Member Gardner commented that this topic was recently debated when another school was built, and it was resolved by the School District saying that while they did not agree with the City?s interpretation of the law, it would be conciliatory and go through the process so as not to cause any problems.



Ms. Houston advised that state law does require the School District to work with the City on the location, but there is no remedy if they fail to do so.



VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye.



AGREEMENT:

Consider approval of an interlocal agreement between Washington County and the City assigning the City?s 2006 Byrne Justice Assistance Grant (JAG) to the Washington County Drug Task Force.



Support Services Manager Marc Mortensen advised that the agreement with the County directs that whoever receives funding from the JAG grant will direct that money to the Washington County Drug Task Force. The amount is just under $15,000.



MOTION: A motion was made by Council Member Allen to approve the agreement.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



BILLING PROCEDURE/RATE POLICY:

Consider approval of an amended water and energy services billing procedures/rate policy.



Water Services Director Barry Barnum explained that the policy had not been revised for some time and simply updates the rates for equipment and personnel. It also makes the name change from the Water and Power Department to the Water Services and Energy Services Departments. An increase from $750 to $2,000 is requested for a hydrant meter deposit, as some contractors are not returning the meters.



MOTION: A motion was made by Council Member Gardner to approve the billing procedure/rate policy as presented.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



APPROVAL OF MINUTES:

Consider approval of the minutes of the City Council work meeting held April 13, 2006.



MOTION: A motion was made by Council Member Orton to approve the minutes as presented.

SECOND: The motion was seconded by Council Member Bunker.





St. George City Council Minutes

May 4, 2006

Page Thirteen





VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



ADJOURN:

MOTION: A motion to adjourn was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.





________________________________

Gay Cragun, City Recorder


















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