City Council Minutes

Thursday, February 24,2005



ST. GEORGE CITY COUNCIL MINUTES
SPECIAL MEETING
FEBRUARY 24, 2005, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM

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

APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Whatcott to appoint Council Member Larry Gardner as Mayor Pro Tem.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: All voted aye. The motion carried.

OPENING:
The pledge of allegiance was led by Scout Leland Miller, and the invocation was offered by Gary Esplin.

Mayor McArthur and Council Member Allen arrived.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in attendance to introduce themselves.

DISCUSSION RE CITY MAINTENANCE OF WATER LINES WITHIN PUDS:
Discussion concerning a request from the AOPC regarding the City assuming maintenance of water lines within a PUD.

Water Services Director Barry Barnum explained that the City has adopted a plan that provides where one meter serves several homes, rather than charge that meter as a 2", the City can charge the residents as though each had a 3/4" meter. Approximately 30 PUDs have qualified under this plan. In order to qualify they must show that they have overpaid by paying a higher fee for the 2" meter than if each would have had a 3/4" meter, and that this extra meter cost made up for any break given in impact fees. The AOPC proposes that the City maintain the water lines within these qualified PUDs beyond the 2" meter and up to where an individual meter would be located. The location of the imagined meters could probably be negotiated. Several meetings have been held with the AOPC and there are three primary issues: (1) increased costs to the City based on an immediate increase of 10% in the growth factor; (2) the location of the lines; and (3) the condition of the lines. The AOPC has proposed that a three year trial period be undertaken during which time the City would act as though the water lines within the PUD were those of the City and make any necessary repairs. Any expenses in maintaining the lines would be split 50-50 between the City and the homeowners association. He expressed concern that the trial period was not long enough for a lot of the problems to become apparent.

Garry Bedingfield, representing the AOPC, advised that with regard to locating lines, Blue Stakes has a 23-24% error rate, and he realized the City would have the same problems with these water lines. However, in most developments, the water lines are laid near the sewer lines. A three year trial period would allow for re-evaluation and to look at the cost incurred by the City and PUDs.

Mr. Barnum advised that the City currently maintains water lines to the meter. New PUDs are now required to install a 3/4" meter for every unit. The older PUDs do not have meters for every unit, and he inquired if they should receive the same service as those who do. He stated that if there were any problems with accessibility to the lines, the City would limit its maintenance to that last point of accessability. He commented that frequently water lines get moved when they are repaired, when sprinkler systems are installed, etc.

Council Member Gardner commented that he was supportive of the City taking over maintenance of sewer lines within PUDs because sewer lines have clean-outs and a direct connection all the way to the sewer main. The challenge with the request at

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February 24, 2005
Page Two

hand is that it introduces so many unknowns and he felt it would create more issues than it would solve. He stated he would be hesitant to take over maintenance of water lines within a PUD.

Council Member Allen commented that during the recent flood, city crews were frustrated trying to find water lines in some of the PUDs in order to shut off the water.

Council Member Gardner commented that a sewer line can be traced; a water line cannot be traced.

Council Member Orton commented that City maintenance of water lines within PUDs would be offering PUDs a service it does not offer anyone else. He commented that at the time of development, developers were offered a choice to make their projects standard like the rest of the community and chose not to do so.

City Manger Gary Esplin explained that developers did not want to install 3/4" meters for every unit because of the cost.

Mayor McArthur suggested that a snapshot of one development be taken and reviewed by staff and used as a sample.

Mr. Bedingfield advised that he has the drawings for Southfield Estates and knows where all the 2" meters are.

Mayor McArthur suggested that Mr. Barnum select the developments he would like to use as samples.

City Manager Gary Esplin advised that as soon as the requested information is obtained from Mr. Barnum, he would schedule the matter on a City Council agenda.

APPROVE FINAL PLAT:
Consider approval of the final plat for Boulder Springs Villas Phase I.

MOTION: A motion was made by Council Member Gardner to approve the plat recognizing that there has been 12 years of study done by Rosenberg Engineers to map out the flood plain in that area, and even though the flood plain is changing and everyone recognizes that this is happening, the applicant has installed an extensive underground erosion barrier approximately 20 feet deep for half a mile to protect against erosion. The motion for approval is also based on the fact that the applicant has done everything the Engineering Department has asked him to do, as well as adding to the footings of his wall and grouting the wall to make it a type of flood barrier. The applicant has also raised the wall an additional foot above the traditional FEMA flood line as well as the most recent study line and the pad sites have been elevated four feet.

Steve Sheffield, applicant, advised that the minimum elevation for each lot has already been noted on the plat, and every permit will have a flood elevation certifying that the lot complies.

MOTION CONTINUED: Council Member Gardner moved that a notation must be included on the plat noting which lots are in the flood plain.

Mr. Sheffield replied that this was already noted on the plat, and will be noted in each title report.

MOTION CONTINUED: Council Member Gardner moved that owners of lots within the flood plain would be required to have flood insurance.

Mr. Sheffield replied that the banks would require flood insurance.

Council Member Whatcott inquired about those buyers who pay cash and do not require a mortgage.

Mr. Sheffield replied that he did not know, but that he would make each purchaser aware of the requirement.
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February 24, 2005
Page Three

MOTION CONTINUED: Council Member Gardner moved that those not required to purchase flood insurance by a bank, or those who choose not to, are required to sign a waiver.

City Attorney Shawn Guzman suggested that the motion include the stipulation that the waiver must be in a form acceptable to the City.

MOTION CONTINUED: Council Member Gardner moved that those not required to purchase flood insurance by a bank, or those who choose not to, are required to sign a waiver in a form acceptable to the City.

City Manager Gary Esplin suggested that the signed waiver be required before a certificate of occupancy is issued.

Council Member Allen inquired what would happen when the home is sold to someone else.

Rick Rosenberg replied that the deed restriction would pass from buyer to buyer.

City Manager Gary Esplin commented that if flood waters rise more than 4', there are many others who would will be dealing with the same issue, and in his opinion the City should not prohibit someone from obtaining a building permit if they meet and exceed the requirements.

Council Member Whatcott stated that the City would be setting a precedent for future plats within the future flood plain. Future development would then have to meet the same criteria.

SECOND: Council Member Whatcott seconded the motion.

Council Member Allen commented that she was concerned about setting a precedent by granting approval of the final plat, and commented that other cities have placed moratoriums on building within the flood plain for six months while the issues are being resolved.

Rick Rosenberg advised that Santa Clara has a pending ordinance in place in order to obtain an erosion hazard study.

City Manager Gary Esplin replied that the City of St. George already had an erosion study, and erosion protection has been installed. In Mr. Sheffield?s case, there might be damage from flood waters, but that is different than losing an entire house due to erosion. The City currently has a pending ordinance that prohibits any new subdivision within the flood plain until the flood study is done.

Mr. Sheffied commented he has voluntarily gone the extra mile for his customers and his own peace of mind, and requiring everyone to do what he is voluntarily doing might be overkill.

City Manager Gary Esplin replied that the role of the City Council and Mayor is to protect the citizens, and if they did not do that, they would be liable.

City Attorney Shawn Guzman commented that Mr. Sheffield?s plat is ready for final approval, and this distinguishes it from any proposed plats that may be out there.

Mr. Sheffield advised that Phase 2 also has preliminary plat approval, is under the same time line, and is identical to Phase 1.

City Manager Gary Esplin replied that the Phase 2 plat would have to be considered on its own merits at the time it came in.

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

City Manager Gary Esplin suggested that the process for approval of PDs needed further discussion.



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February 24, 2005
Page Four

FIREARMS ORDINANCE:
Discussion concerning discharge of firearms within the City limits.

City Manager Gary Esplin advised that the Police Chief is concerned about discharge of firearms within the City and the proximity to hikers, bikers, and City trails now built along the rivers where hunting is allowed. The current ordinance allows the discharge of a firearm within 500' of a residence.

City Attorney Shawn Guzman commented the City?s current ordinance is difficult to enforce and prosecute.

Council Member Gardner commented that changing the ordinance would eliminate pheasant, quail and duck hunting along the Virgin River and in fields within the City.

Council Member Orton replied that this decision was made when the City built trails along the rivers.

It was the consensus of the City Council to schedule the matter for a public hearing on a regular City Council agenda.

NEW BUSINESS:
Council Member Gardner advised that he received a call from a citizen complaining
about speeding vehicles on 2450 East from Deseret Industries to Riverside Drive. He inquired if some type of speed bump could be installed to reduce the speed of these vehicles and define an area where children can cross the street.

City Attorney Shawn Guzman commented that speed bumps cause noise which bother neighbors. He suggested the possibility of embedded lights instead.

City Manager Gary Esplin advised that staff would look into the cost of installing embedded lights.

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

SECOND: The motion was seconded by Council Member Orton.

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



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Gay Cragun, City Recorder