City Council Minutes

Thursday, December 18,2003



St. George City Council Minutes
Regular Meeting
December 18, 2003 4:00 p.m.
City Council Chambers

PRESENT:
Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Sharon Isom
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Ren? Fleming

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. Council Member Allen led the pledge of allegiance and City Manager Esplin offered the invocation.

Superintendent Jock Whitworth, the new Superintendent of Zion National Park and Pipe Springs National Monument introduced himself. He introduced the Chief Manager of Resources and explained his responsibilities specifically with relation to the new airport.

Marc Mortensen updated the council on the First Night 2004 celebration. He reviewed the events. Festivities start at 7:00pm and go through the firework display at midnight.

Council Member Isom arrived at 4:15p.m.

Deana Evans recognized Laura Woolsey the Business License Officer. Ms. Woolsey received her Utah Business License Officer certification. Ms. Evans commented Ms. Woolsey is a valued employee who is very professional in carrying out her duties.

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

BID OPENINGS:
Consider award of bid for GPS equipment

City Manager Esplin indicated four bids were received and recommended the bid be awarded to Survey & Laser in the amount of $57,900.63. The costs have been split between the departments that will use the equipment.

Council Member Orton made a motion, seconded by Council Member Whatcott to award the bid in the amount of $57,900.63 to H&S Survey & Laser. All voted aye, motion carried.
Consider award of bid for vacuum sweeper

City Manager Esplin indicated two bids were received and recommended the bid be warded to the low bidder, Pacific Utility in the amount of $105,904.00.

There was discussion regarding retiring a sweeper and the street sweeping schedule.

Randy Halverson indicated each City street is swept about 3 times a year.

Council Member Gardner made a motion seconded by Council Member Isom to award the bid in the amount of $105,904.00 to Pacific Utility. All voted aye, motion carried.

STAFF REPORTS:
Consider approval of a beer license for Hunan City restaurant and authorize the Mayor to sign the Local Consent. Zhi Yuan Luo, applicant

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December 18, 2003
Page Two

City Manager Esplin indicated the application has been reviewed and meets requirements of the City.

Council Member Isom made a motion, seconded by Council Member Orton to approve beer license for Hunan City restaurant and authorize Mayor to sign the Local Consent. All voted aye, motion carried.

Consider approval of a construction management agreement for the Canyons Softball Maintenance Facility.

Kent Perkins explained a Request for Proposal (RFP) was initiated for construction firms to provide management/general contractor services. There were three responses to the RFP. Oakland Construction was low bidder at 12.5% of the total project costs for construction management services. He recommended the bid be awarded to Oakland Construction.

Council Member Orton expressed concern regarding keeping the project within the budget and the management fees adding to the total cost of the project.

Kent Perkins explained the fees don?t really add to the budget because staff plans to save money through value engineering management.

City Manger Esplin indicated the plan is to get bids for each portion of the project. The council will see each line item for review and approval.

There was discussion concerning the review of the each line item and if the council will be able to review the amount each item adds to the total cost of the project. Staff will review the line items and value added engineering recommendations with relation to the entire project cost as bids are received. A maximum cost for the entire project will be determined prior to bidding individual portions of the project.

Council Member Orton made a motion, seconded by Council Member Allen to award a construction management service contract in the amount of 12.5% of the project cost to Oakland Construction. All voted aye, motion carried.

Report from the Planning Commission meetings held December 9 and 16, 2003.

Mark Bradley indicated the Planning Commission recommends the following items to be advertised for a public hearing on Thursday, January 15, 2003 at 5:00 p.m. or any City Council meeting there after. Zone change from OS Open Space to C-2 Highway Commercial on .80 acre located at 900 East and approximately 150 North, south of Skyline Drive. Zone change from R-1-10 Single Family Residential to PD Planned Development Residential on 15.3 acres located at 1450 South, east of River Road.

Council Member Gardner made a motion, seconded by Council Member Isom to set public hearings as specified above for January 15, 2004 at 5:00pm. All voted aye, motion carried.

Mark Bradley indicated the Planning Commission recommends approval of the following final plats.
▪Cotton Manor Phase 6 with 23 dwelling units located at 345 North 2450 East. Todd Edwards, agent.
▪Cox Landing Phase 2 with 4 single family lots located at 900 East 1030 South. Alpha Engineering, agents.
▪Santa Maria at Sunbrook Phase 3 with 18 single family lots located at 2620 West Sunbrook Drive. Scott McCall, agent.
▪Ventana Professional Park Phase 2 with 5 building pads located at 280 South and approximately 1700 East. Larry Belliston, applicant.
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December 18, 2003
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▪Woodbridge Townhomes Phase 7 with 10 dwelling units located at 1301 W. Indian Hills Drive. Kent Frei, applicant.

Council Member Isom asked if the applicants have met all requirements needed for approval.

Mark Bradley indicated all had met the requirements.

Council Member Whatcott asked if there has been anymore feedback on Cotton Manor.

Mark Bradley indicated the new owner has chosen to stick with original name and complete the phases as approved previously.

Council Member Orton made a motion seconded by Council Member Isom to grant approval for the final plats for Cotton Manner phase 6, Cox Landing phase 2, Santa Maria at Sunbrook phase 3, Ventana Professional Park phase 2 and Woodbridge Townhomes phase 7 and authorize the Mayor to sign the plat. All voted aye, motion carried.

Mark Bradley indicated the Planning Commission recommends approval of the following final plats.
▪The Cliffs of Snow Canyon Plat ?E? with 1 dwelling unit located at 3052 North Snow Canyon Parkway. Randy Deschamps, applicant.
▪Desert Hills Subdivision Phase 5 with 37 single-family lots located on Desert Hills Drive off of Brigham Road. Paul Jensen, applicant.
▪Desert Hills Subdivision Phase 6 with 29 single-family lots located on Desert Hills Drive off of Brigham Road. Paul Jensen, applicant.
▪Fox Borough Phase 4 with 8 dwelling units located at 40 North Mall Drive. Vince Clayton, agent.
▪Jedora Estates with 39 single-family residential located at 2450 South and 2010 East. Russell Riggs, applicant.
▪Primrose Pointe Subdivision Phase 1 with 33 single-family lots located at 110 South west of Mall Drive. Vince Clayton, agent.

Mayor McArthur commented the Jedora Estates subdivision was developed by a City employee; he complimented the developer for following the process to the letter.

Council Member Isom made a motion seconded by Council Member Allen: to approve final plats for The Cliffs of Snow Canyon Plat E, Desert Hills Subdivision Phase 5, Desert Hills Subdivision phase 6, Fox Borough Phase 4, Jedora Estates and Primrose Pointe Subdivision Phase 1 and authorize the Mayor to sign the plats. All voted aye, motion carried.

Mark Bradley indicated there is a request to amend a hillside development permit for Stone Pointe Townhomes located at Stone Mountain Drive and approximately 400 North This request is to amend the amendment to the original hillside development permit. The Planning Commission recommends approval subject to the following conditions.
1) The development will cover up the existing damage
2) The proposed slope may not encroach on City property, but is permitted if soil conditions require it
3) The soil for the retaining wall will be compacted from developer?s side (lower hillside) and not from City side (upper hillside).

Mayor McArthur asked what will happen when dirt and rock sloughs off and fills up behind the catchments wall.

Mark Bradley explained maintenance will be a concern.

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December 18, 2003
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Mayor McArthur asked if there will be a homeowners association that will maintain the area.

Council Member Whatcott commented the use of rock was approved to enhance the appearance as well as for a retaining wall.

There was discussion regarding this issue as discussed in prior council meetings. One concern raised previously was in regard to the development encroaching on City property. The current proposal would not encroach on City property.

Mansfield Jennings indicated the roof line of the homes will cover the excavated area. The houses are only 10 feet apart blocking the view. Trees will be planted in the areas that will be visible.

Council Member Whatcott commented that he still has concerns about the aesthetics.

Council Member Orton asked if Mr. Jennings will have to disclose something to the homeowners association regarding the hillside sloughing off.

Mansfield Jennings indicated he has met with homeowners presently in the association and they are pleased with the solution. The cut has been there since before 1980 with very little sloughing occurring since then.

Council Member Gardner made a motion, seconded by Council Member Isom to approve the amendment to the hillside development permit with the recommendations of Hillside Review Board and the Planning Commission. All voted aye, motion carried.

Mark Bradley explained the request to approve a site plan and building elevation for the Washington County Board of Realtors Office Building located on Lot 3 in the Tonaquint Business Park a PD Commercial Zone located at 1600 South and Dixie Drive.
As part of the requirements under the Traveller PD zone, each site plan and building elevation requires approval from the Planning Commission and City Council. The building exterior will be earth tone stucco and cultured rock with a concrete tile roof.
He distributed some information as to the exterior of the building and described the access and building exterior.

Council Member Whatcott made a motion, seconded by Council Member Orton to approve site plan and building elevation for the Washington County Board of Realtors Office Building. All voted aye, motion carried.

Consider approval of an amendment to the 2003 Deseret Generation and Transmission (DG&T) Power Sales Agreement.

City Manager Esplin indicated it appears to benefit the City and the City Attorney has reviewed amendment

Council Member Isom made a motion to approve the amendment to the 2003 Deseret Generation and Transmission Power Sales Agreement.

Council Member Gardner asked if the amendment only applies to June July and August and if it is more power than in the original agreement or from a different source.

Energy Services Director Solomon explained the current agreement is unit contingent meaning if the unit goes down the City has to find energy to replace that resource. The amendment will mean DG&T will replace the resource if the unit goes down for an agreed upon price and scheduled on a case by case basis.

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Council Member Gardner seconded the motion. All voted aye, motion carried.

Presentation concerning zoning violations in the Middleton area of the City

Paul Bevin explained he has requested the City enforce the codes in the Middleton area for 10 years. He expressed concern with regard to traffic access, single family housing violation and 2 blocks that are eyesores. He displayed pictures of various sites in Middleton that are in his opinion in violation of City code. He detailed the portions of the zoning ordinance he feels are being violated. There are oversized and overweight items routinely moved on the road, UDOT, the Sheriff and City police refuse to enforce the law with respect to these vehicles. He questioned why the laws aren?t enforced and stated law enforcement officers are paid off not to cite violators.

Council Member Isom stated she takes offense that at the insinuation the Police Department would be paid off.

City Manager Esplin advised Mr. Bevin not to make the insinuation that the police are being paid off.

Mr. Bevin replied he is not making an insinuation but an accusation.

Code Enforcement Officer Brad Young explained at the end of September he was brought a complaint by Mr. Bevin and updated the council on action taken with regard to the violations. With regard to the multi family housing complaint, one couple will be moving out as soon as they find other living arrangements. He is working with Laura Woolsey on the violation regarding the metal fabrication and debris. With respect to Mr. Harrison, he is entitled to one tow truck and has been written a second notice of violation and given 30 days to comply. With regard to inoperable vehicles and flammable materials in C2 zone, much of vegetation is natural one property owner has firewood to deal with. Inoperable vehicles have been sited and most have been removed. Southern Utah Vault is non-confirming use and they will be relocating their business into Washington City. The sign violation has been corrected.

Mayor McArthur expressed appreciation for Mr. Young?s work. He explained a new process in being implemented that will speed up the process of bringing code violators into compliance.

Paul Bevin addressed concern for a lack of fire inspection of home run businesses. He continued to express concern with ?gypsy? vendors. He wants Utah Attorney General to investigate the lack of enforcement.

A resident of the Middleton area addressed the council explaining he understands some of Mr. Bevin?s concern over the traffic issues. However, he disagrees with Mr. Bevin?s other concerns. He stated he doesn?t think Mr. Bevin is right in becoming a personal policeman for the area and spoke in support of job City staff is doing to enforce the code.

Mary Herrera spoke in disagreement with Mr. Bevin. She was notified she is in violation of the code and is working to come into compliance. She stated that Mr. Bevin should not be a private policeman. She doesn?t believe Mr. Bevin took pictures from a car and feels he violated her privacy with his picture taking

Madge Carpenter commented that 99% of residences of Middleton don?t have contact with Mr. Bevin because he has decided how everyone should live their lives. She discussed violations of ordinances with respect to Mr. Bevin?s property. She stated she doesn?t appreciate Mr. Bevin being her conscience.



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December 18, 2003
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Mayor McArthur commented that judging from comments made by residents of the area and Mr. Young, citizen?s care about their neighborhoods. Individuals do comply when they are notified of a violation.

Pete Mickelson commented he is not in support of Mr. Bevin and indicated some of the traffic is necessary to continue with development in the area.

Mr. Hirschi is the owner of Hirschi Roofing. He explained at one time Mr. Bevin had an unregistered vehicle and hauled water in it, he didn?t call the police. He commented that everyone has weaknesses and all should try to be good neighbors.

Raylin Hauskins explained her daughter and family lived on their lot in a trailer while building their home. They moved the trailer as soon as they could after they were notified they were out of compliance. She commented that Mr. Bevin has caused so much of a problem for the people of Middleton that they are tired of him.

Susan Bell lives in Middleton and spoke in opposition to Mr. Bevin?s complaints. She explained she wasn?t aware until this meeting that she is in violation because she and her husband share their home with her 87 year old father in law whose health is failing and they will not leave him.

City Manager Esplin assured Mrs. Bell that an unlimited amount of people can live in a home if they are related by blood or marriage.

Mayor McArthur assured Ms. Bell she wasn?t in violation of the code and explained some of the action being taken regarding traffic from large trucks in the area.

PUBLIC HEARINGS/ZONE CHANGES/ORDINANCES
Public hearing to consider a zone change from A-20 Agricultural to RE-12.5 Residential Estates on 7.28 acres located at approximately 2800 South 2350 East.

Community Development Director Nicholson explained the 7.28 acres is classified as low density residential in the general plan. The property is surrounded by residential estates, the Planning Commission recommends approval.

Mayor McArthur declared the public hearing open.

Jeanie Black expressed frustration because her property is in an agriculture strip although it is to remain low density she feels like she is being forced out. She expressed concern because people move to the country and then complains about flies or animals etc. She felt the sewer assessment wasn?t fair.

Mayor McArthur indicated there is another item on the agenda that addresses the need to increase the distance between homes and large animals.

Jeanie Black indicated that there is an area that is higher in elevation than her land and dirt and water is running off onto her property. She is concerned that eventually houses will be falling onto her property. She indicated she has spoken with Quality and the neighbor about it.

Council Member Allen commented that situation needs to be looked into and addressed.

Council Member Gardner explained the City purchased some property in that area to try and maintain some openness on the other side of the hill. The City has made a commitment to buy land out there to preserve the open space.

Mayor McArthur declared the public hearing closed.

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December 18, 2003
Page Seven

Council Member Gardner made a motion, seconded by Council Member Isom to approve by ordinance zone change from A-20 Agricultural to RE-12.5 Residential Estates on 7.28 acres located at approximately 2800 South 2350 East. Mayor McArthur called for a roll call vote as follows:

Council Member Allen, aye
Council Member Gardner, aye
Council Member Isom, aye
Council Member Orton, aye
Council Member Whatcott aye
Motion carried.

Council Member Whatcott recommended the developer make arrangements for trails for animals to go through the area.

Public hearing to consider a zone change from R-1-10 Residential to C-2 Commercial on approximately 2.5 acres located at the south end of 250 West and Black Ridge Drive intersection.

Community Development Director Nicholson explained the property is surrounded by commercial zoning; this request will clean up of the zoning map. It conforms to City general plan, the Planning Commission recommends approval.

Mayor McArthur declared public hearing open. Seeing no one in attendance to comment, he closed the public hearing.

Council Member Isom made a motion, seconded by Council Member Allen to approve by ordinance a zone change from R-1-10 Residential to C-2 Commercial on approximately 2.5 acres located at the south end of 250 West and Black Ridge Drive intersection. Mayor McArthur called for a roll call vote as follows:

Council Member Allen, aye
Council Member Gardner, aye
Council Member Isom, aye
Council Member Orton, aye
Council Member Whatcott aye
Motion carried.

Public hearing to consider an amendment to the Wal-Mart PD zone to allow for a car wash on the outlot pad north of the existing gas station on Pioneer Road.

Community Development Director Nicholson explained the applicant plans to have a carwash with self-service bays and one drive through wash. The required landscaping is already in. He detailed exterior of building and indicated the facility will recycle 18 ? 20% of the water used. The Planning Commission recommends approval.

Mr. Erickson representing Randy Simonson addressed the council. He explained with current technology the best a car wash can recycle is 18% of water. The facility will be built so that as technology improves it can be upgraded to take advantage of increased recycling.
.
Mayor McArthur asked what portion of the water is recycled.

Mr. Erickson explained recycled water can be used for washing a cars undercarriage.

Mayor McArthur declared public hearing open. Seeing no one in attendance to comment, he closed the public hearing.

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December 18, 2003
Page Eight

Council Member Allen made a motion, seconded by Council Member Isom to amend the Wal-Mart PD zone to allow for a car wash on the outlot pad north of the existing gas station on Pioneer Road. Mayor McArthur called for a roll call vote as follows:
Council Member Allen, aye
Council Member Gardner, aye
Council Member Isom, aye
Council Member Orton, aye
Council Member Whatcott aye
Motion carried.

Public hearing to consider an annexation request for the Haskell Homes Addition, located at approximately 1800 South and west of Dixie Drive, and adds the area to the Hillside Overlay Zone.

Community Development Director Nicholson explained the 106 acres would be annexed into the City and recommend R110 zoning for the property. The property would be added to the Hillside Overlay Zone.

Mayor McArthur declared public hearing open. Seeing no one in attendance to comment, he closed the public hearing

Council Member Gardner made a motion, seconded by Council Member Orton to approve the an annexation request for the Haskell Homes Addition, located at approximately 1800 South and west of Dixie Drive, and add the area to the Hillside Overlay Zone. Mayor McArthur called for a roll call vote as follows:

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Isom, aye
Council Member Gardner, aye
Council Member Allen, aye
Motion carried.

Public hearing to consider an amendment to the General Plan Land Use Map from medium density residential to commercial for the area at the southwest corner of 1800 North and Dixie Downs Road.

Community Development Director Nicholson explained this is an amendment to City general plan from medium density residential to commercial for the area southwest corner of 1800 North and Dixie Downs Road. There are two property owners. The Planning Commission has recommended approval.

There was discussion as to whether the council would have any input on the type of commercial development on the property. Specifics on the type of development approved for the property is addressed in the next agenda item that involves a zone change for the property.

The process of notification was discussed which includes ads placed in the newspaper and letters sent to addresses close to the property under consideration. The County records are used to determine property ownership with respect to notification.

Mayor McArthur suggested the policy of placing a sign regarding a proposed zone change on the property be reinstituted.

Lauren Nielsen with E & F Investments encouraged the council to approve the zone change as it will improve the area.

Mayor McArthur declared the public hearing open.
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December 18, 2003
Page Nine

Robert McCullin stated he is opposed to the zone change.

Larry Snyder a resident in Ironwood spoke in opposition to the proposed zone change.

Dennis West a resident of Ironwood spoke in opposition to the proposed change.

Inga Matoosi a resident of Ironwood, asked to keep it residential.

Mayor McArthur commented as the general plan is developed the council considers what appropriate uses of area of the land are. The Planning Commission feels the zone change does fit the general plan the council takes their recommendation seriously. He closed the public hearing.

Council Member Allen indicated during the Planning Commission meeting there was discussion and concern for the homeowners. When the idea of storage units came up the Planning Commission wasn?t sure of the appropriateness of the use and explained the next public hearing will detail the concessions put on the development this if the general plan amendment does pass.

There was discussion concerning including the concessions agreed on by the developer if the general plan is amended to allow the area to be zoned commercial. If the general plan is amended, any commercial development can be built on the property, however, there is an agreement that would specify what can be done on the property.

Community Development Director Nicholson explained two parcels are affected with the proposed amendment. The storage units would be put on the top part of one parcel. There is no agreement with respect to the other property which is owned by a different party. The other property owners are not sure what they are going to do with their property, however, they would like their property included in any general plan change.

The group discussed the reason for the proposed zone change. Concern over changing the general plan was expressed; if the zone is amended other types of commercial development could go on the property.

Council Member Whatcott expressed concern with amending the general plan when commercial encroaches on residential zones. He asked if there will be other commercial development as a result of this zone change.

The potential use of the property was discussed. Apartments or mobile homes are some of the potential uses within the current zone.

Council Member Orton suggested a site visit see the property.
Mayor McArthur suggested the public hearing for this item and the next agenda item be continued to the January 8, 2004 at 3:00 pm so the council can conduct a site visit.

Community Development Director Nicholson reviewed the development agreement related to the property in question. The developer wants to put the wall with a zero lot line set back.

Mayor McArthur asked if there is an option to consider a C2 zone.

Community Development Director Nicholson indicated the applicant could apply for a conditional use permit.

Council Member Orton made a motion, seconded by Council Member Whatcott to continue the public hearing on an amendment to the General Plan Land Use Map from medium density residential to commercial for the area at the southwest corner of 1800 North and Dixie Downs Road and the public hearing to consider a zone change
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December 18, 2003
Page Ten

from RE-37.5 Residential Estates to C-3 General Commercial with a development agreement for the use of storage sheds on 1.34 acres located at the southwest corner of 1800 North and Dixie Downs Road. All voted aye, motion carried.

Council Member Isom was excused at 6:45 p.m.

Public Hearing to consider an amendment to the Zoning Ordinance for Residential Treatment Centers, Chapter 10, Commercial Zones, to eliminate residential uses within the C-2, C-3 and C-4 zones and add Residential Treatment Centers as a conditional use in Chapter 5, Agricultural Zones, with 5 acres minimum lot size.

Community Development Director Nicholson reviewed the background for the requested change which is based on legal advice to provide some control over the location of residential treatment facilities. As long as conditional uses permits are allowed in commercial zones the City will be under pressure to allow residential treatment centers in commercial zones. Conditional use permits for residential treatment centers will be repealed from the commercial zone and permitted in the agricultural zone subject to a 5 acre minimum lot size. A community impact study would have to be done by an independent qualified firm before the permit could be issued. Other changes include eliminating the allowed 10% increase in beds without coming back to the council for approval.
There was brief discussion regarding how the minimum lot size was determined.

Mayor McArthur declared the public hearing open. Seeing no one in attendance to comment, he closed the public hearing

Council Member Gardner made a motion, seconded by Council Member Allen to approve by ordinance an amendment to the Zoning Ordinance for Residential Treatment Centers, Chapter 10, Commercial Zones, to eliminate residential uses within the C-2, C-3, and C-4 zones, and add Residential Treatment Centers as a conditional use in Chapter 5, Agricultural Zones, with five acres minimum lot size. Mayor McArthur called for a roll call vote as follows:

Council Member Allen, aye
Council Member Gardner, aye
Council Member Orton, aye
Council Member Whatcott aye
Motion carried.

Public hearing to consider an amendment to the Zoning Ordinance, Chapter 12, Open Space Zone, Section 6, modifying the minimum buffer distance between livestock areas and residential zones which do not allow large animals.

Community Development Director Nicholson explained the amendment applies only to open space zones. The reason for the change is to determine if 100 feet is enough of a buffer from large animals to protect areas that do not allow large animals.

The group discussed the reason for the change in the ordinance. Currently R110 zone that is adjacent to open space allows large animals in the open area as long as they are 100 feet from homes. The change would increase the buffer distance to 200 feet. Existing animals will not be affected, zoning is not retroactive. Animals are allowed in open space but not in R110 zones.

There was discussion as to what zones the amendment would apply to. It would apply only to zones that prohibit large animals. Possible problems and the area associated with the change were discussed. The group discussed the manner the 200 feet buffer would apply; it would be from the residential property line to the open space.

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December 18, 2003
Page Eleven

The issue of land use was discussed. As long as the land use didn?t change, animals in the open zone with only 100 feet buffer distance would not be affected. Those with animals in the open zone, own the property, they are not encroaching on property owned by another entity.

City Attorney Guzman commented those that are grandfathered in now can lose the animal rights if they don?t keep the animals on the property.

The group discussed the reason for picking 200 feet as an appropriate buffer distance.
Council Member Orton suggested a site visit to determine if the proposed amendment would solve the problem.

Mayor McArthur declared the public hearing open. Seeing no one in attendance to comment, he closed the public hearing

Council Member Whatcott made a motion to approve an amendment to the Zoning Ordinance, Chapter 12, Open Space Zone, Section 6, modifying the minimum buffer distance between livestock areas and residential zones which do not allow large animals. The motion died for lack of a second.
Council Member Gardner made a motion, seconded by Council Member Allen to continue the issue until a site visit can be made. All voted in favor, motion carried.

Public hearing to consider an amendment to the Zoning Ordinance, Chapter 10, Commercial Zones, regarding the setbacks required for commercial buildings abutting residential zones.

Community Development Director Nicholson indicated the issue is in connection with a commercial zone that is adjacent to a residential zone which only requires a 10 foot set back regardless of the height of the building. Staff and the Planning Commission recommend that the 10 foot set back apply as long as building is 15 feet or less in height. A building taller would require 1 foot of setback for each additional foot of building height. This also amends the language regarding landscaping and wall or any combination. He detailed the proposed changes in the ordinance.

Council Member Orton asked if this change will affect some areas of downtown so as to make it difficult for commercial buildings to be constructed on some lots.

Community Development Director Nicholson commented that it may be a problem in some situations. However language can be added to allow an application to council for exemption to the setback requirement.

Mayor McArthur commented that the problem is that residential is developed and a new tall commercial building could adversely affect the people already there. This ordinance modification is proposed to limit the affect on existing residential property.

Mayor McArthur declared the public hearing open. Seeing no one in attendance to comment, he closed the public hearing

Council Member Gardner made a motion, seconded by Council Member Allen to approve an amendment to the Zoning Ordinance, Chapter 10, Commercial Zones, regarding the setbacks required for commercial buildings abutting residential zones.
Mayor McArthur called for a roll call vote as follows:

Council Member Allen, aye
Council Member Gardner, aye
Council Member Orton, aye
Council Member Whatcott aye
Motion carried.
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December 18, 2003
Page Twelve

RESOLUTIONS:
Consider approval of a resolution amending various fees for planning and zoning requests, and also subdivision application fees.

City Manager Esplin detailed the proposed fee changes and indicated the one that may be of some concern is the 2% of construction costs for inspections. Fees are in line with other communities in the state. The question is how much should development pay and how much should be covered by other funds such as sales tax revenues.

Mayor McArthur asked regarding an implementation schedule.

The group discussed possible implementation schedules of the fees. The fees could be implemented as of January 1, 2004 or applied to new requests immediately.

Council Member Allen commented one reason for the fee increase is to provide funds to hire more staff which is needed because the number of building permits issued has increased significantly. Staff hasn?t been increased to cover the increased growth in the Building Department.

Council Member Gardner commented there is room for a philosophical discussion regarding what services are provided by the City as a part of doing business such as parks and fire protection.

City Manager Esplin indicated the proposed fees will not cover all of the costs of development. He commented the developer is creating the need for additional staff and the increased review costs and asked it if is fair for the person who doesn?t benefit from development, to pay for those costs.

Community Development Director Nicholson indicated it has been 20 to 25 years since some of the fees have been changed. The only fee changed in the last 6 or 7 years is the zone change fees. The board of adjustment fee doesn?t even cover the cost of run the public notice in the paper.

Council Member Gardner commented that he is not sure that throwing more money solves a problem and asked what 2% of construction costs means.

City Manager Esplin indicated it is 2% of the cost of the road to be constructed in front of the development.

Council Member Whatcott commented that if the City were a business rates would be reviewed annually to be sure that the quality of the business is being maintained. However, in his opinion government is more concerned about providing the service than the increasing fees to cover the cost of service. He indicated the City is in not in a position to continue providing the service without covering the associated costs.

Council Member Whatcott made a motion, seconded by Council Member Allen to approve by resolution the amendment to various fees for the zoning and planning process as detailed by City Manager Esplin. Mayor McArthur called for a roll call vote as follows:

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Gardner, nay
Council Member Allen, aye
Motion carried.

City Manger Esplin suggested the effective date of the increase be set at January 1, 2004.

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December 18, 2003
Page Thirteen

Council Member Whatcott made a motion, seconded by Council Member Allen to set the effective date for the amendment to various fees for the zoning and planning process as January 1, 2004. Mayor McArthur called for a roll call vote as follows:

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Gardner, nay
Council Member Allen, aye
Motion carried.

Consider approval of a resolution declaring the City?s intent to adjust the common boundary line with Santa Clara City in the area north of Sunbrook Golf Course and west of Country Lane Road

City Manger Esplin explained the applicant would like to move the property line from Santa Clara City to the City of St. George so the development can be done all in one city. He indicated the Mayor of Santa Clara City is in agreement with the proposed resolution.

Community Development Director Nicholson explained the resolution would start the process, there is a 60 day comment period and public notice has to be given before the process is completed.

Council Member Orton made a motion, seconded by council Member Whatcott to approve a resolution declaring the City?s intent to adjust the common boundary line with Santa Clara City in the area north of Sunbrook Golf Course and west of Country Lane Road. Mayor McArthur called for a roll call vote as follows:

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Gardner, aye
Council Member Allen, aye
Motion carried.

Consider appointments to the Employee Appeal Board.

City Manager Esplin explained two council members need to be appointed to the Employee Appeals Board.

Council Member Gardner made a motion, seconded by Council Member Allen to appoint Council Members Orton and Whatcott to the Employee Appeals Board. All voted aye, motion carried.

MINUTES:
Consider approval of the minutes of the City Council work meeting held November 13, 2003.

Council Member Orton made a motion, seconded by Council Member Whatcott to approve the minutes for the City Council Work meeting held November 13, 2003. All voted aye, motion carried.

Consider approval of the minutes of the regular City Council meeting held November 20, 2003.

Council Member Gardner made a motion, seconded by Council Member Allen to approve the minutes for the City Council Regular meeting held November 20, 2003. All voted aye, motion carried.


St. George City Council Minutes
December 18, 2003
Page Fourteen

Consider approval of the minutes of the City Council work meeting held December 2, 2003.

Council Member Orton made a motion, seconded by Council Member Whatcott to approve the minutes for the City Council Work meeting held December 2, 2003. All voted aye, motion carried.

Reconsider approval of minutes of the City Council work meeting held October 23, 2003.

Council Member Whatcott made a motion, seconded by Council Member Allen to approve the minutes for the City Council Work meeting held October 23, 2003. All voted aye, motion carried.

EXECUTIVE SESSION:

Council Member Whatcott made a motion, seconded by Council Member Orton to move into executive session to discuss a personnel matter and a property sale. All voted aye, motion carried.

RECONVENE

Council Member Orton made a motion, seconded by Council Member Whatcott to reconvene the regular session. All voted aye, motion carried.

Consider appointments to the Shade Tree Board.

Mayor McArthur recommended John Sorensen and John Costanza for the Shadetree Board

Council Member Gardner made a motion seconded by Council Member Orton to appoint John Sorensen and John Costanza to the Shadetree Board. All voted aye, motion carried.

ADJOURNMENT:

Council Member Allen made a motion to adjourn the meeting, seconded by Council Member Orton. All voted aye, motion carried.

Minutes recorded by:


Ren? S. Fleming Deputy City RecorderDate