City Council Minutes

Thursday, December 7,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 7, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Pro Tem Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
Council Member Gail Bunker

MOTION: A motion was made by Council Member Allen to appoint Council Member Rod Orton as Mayor Pro Tem.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

OPENING:
Mayor Pro Tem Orton called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Gardner and the invocation was offered by Council Member Allen.

Mayor Pro Tem Orton excused Mayor McArthur who is attending a National League of Cities conference on behalf of the City, and Council Member Bunker who is will. He advised that he would vote.

Mayor Pro Tem Orton invited a Scout in the audience to introduce himself.

City Manager Gary Esplin advised that there was an addendum to the agenda.

AWARD OF BID:
Consider award of bid for pad mounted switchgear for the Power Department.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Northern Power, in the amount of $208,053 for a yearly blanket contract.

MOTION: A motion was made by Council Member Gardner to award the bid to Northern Power in the amount of $208,053 for a yearly blanket contract.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

AWARD OF AGREEMENT:
Consider approval of a purchase agreement with Solutions II for VMWare technology.

Purchasing Manager Connie Hood recommended entering into an agreement with Solutions II for installation of technology, licensing, consulting, support and training to consolidate the servers.

MOTION: A motion was made by Council Member Allen to approve the agreement with Solutions II.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

St. George City Council Minutes
December 7, 2006
Page Two

AWARD OF AGREEMENT:
Consider approval of an engineering services agreement with Horrocks Engineering to design Phase Two of the Southern Corridor.

Purchasing Manager Connie Hood explained the agreement is with Horrocks Engineering in the amount of $567,366.

City Manager Gary Esplin explained that money has been budgeted in the Transportation Improvement Fund for this projects. Phase Two includes the new road from River Road to the new airport site.

MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Public Works Director Larry Bulloch explained that Horrocks Engineering has done conceptual planning already and they expect to have their work done by spring.

City Manager Gary Esplin commented that Horrocks Engineering is the same firm doing the work from River Road to the interchange.

AWARD OF BID:
Consider award of bid for UV system parts and supplies.

Purchasing Manager Connie Hood recommended award of a blanket contract with Trojan Technologies, a sole source supplier, in the amount of $60,000 for the year for lamps, ballasts and electrical parts for the UV system at the Wastewater Plant.

MOTION: A motion was made by Council Member Gardner to award the bid to Trojan Technologies in the amount of $60,000 for the year.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a bioxide chemical feed and storage system.

Purchasing Manager Connie Hood recommended award of the bid to Siemens Water Technologies in the amount of $48,000. They have the only patent for this process which will serve Bloomington Ranches and Sun River.

Water Services Director Barry Barnum explained that there are odor problems in the Ranches area and down Sugar Leo and at the lift station at the bottom of Sugar Leo, and at Sun River. The bioxide is a treatment that oxidizes the gas and reduces odor, and has been used successfully in Las Vegas and Henderson for years. The problem along Sugar Leo is due to a large sewer line with not enough flow. The Sugar Leo lift station will eventually be phased out.

MOTION: A motion was made by Council Member Whatcott to award the bid to Siemens Water Technologies in the amount of $48,000.
SECOND: The motion was seconded by Council Member Gardner
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

APPROVAL OF AGREEMENT:
Consider approval of a professional services agreement with Horrocks Engineering for design of Brigham Road.

St. George City Council Minutes
December 7, 2006
Page Three

Purchasing Manager Connie Hood recommended approval of a contract with Horrocks Engineering in the amount of $148,966.

City Manager Gary Esplin explained that this is for the widening of Brigham Road from one end to the other, including the new road to the east of the truck stop. Realignment of the teardrop is a State project and is not included in this project.

MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

APPROVAL OF AGREEMENT:
Consider approval of an engineering agreement with Carter Burgess to design a roundabout at 400 East Tabernacle.

Purchasing Manager Connie Hood recommended approval of the agreement in the amount of $59,065.

Mayor Pro Tem Orton commented that the Mayor and City Council had an opportunity to see how the traffic model worked and it is amazing how it handles traffic into the next 20 years.

Council Member Gardner commented that while he did not see the traffic model, he had mixed emotions and questioned the need for it.

City Manager Gary Esplin replied that the model showed that the roundabout would delay traffic problems further into the future.

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

The motion died for lack of a second.

MOTION: A motion was made by Council Member Gardner to table the issue.
SECOND: The motion was seconded by Council Member Whatcott.

Council Member Gardner commented he felt the roundabout was unnecessary and an inappropriate use of funds.

VOTE: Mayor Pro Tem Orton called for a vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Mayor Pro Tem Orton - no

The motion carried.

Council Member Whatcott commented that he was not opposed to looking at it further, but one of his major concerns is the ability of traffic to travel north and south, as well as east and west.

AWARD OF BID:
Consider award of bid for perform maintenance on Clarifier 2 at the Wastewater Treatment Plant.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, the Gateway Company, in the amount of $28,950.


St. George City Council Minutes
December 7, 2006
Page Four

MOTION: A motion was made by Council Member Gardner to award the bid to the Gateway Company in the amount of $28,950.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Mayor Pro Tem Orton invited several Scouts in the audience to introduce themselves.

ORDINANCE:
Consider approval of an ordinance changing the zoning classification of the property located west of Pioneer Road adjacent to the Calvary Church from R-1-10 and OS to PD Residential and providing for an effective date.

City Manager Gary Esplin explained that the public hearing was closed at a previous City Council meeting. Since then, the applicants have agreed to provide up to 12 units for attainable housing through a development agreement if the zone change is granted. Staff recommends approval since no affordable housing ordinance is yet in effect, and 12 units is a healthy percentage of the increase in density. Staff feels this is a great first step in providing attainable housing and is a fair deal. The development agreement will be presented to the Mayor and City Council prior to the preliminary plat.

Mayor Pro Tem Orton explained that the City Council directed staff to develop a program for attainable housing, and this project will be a step in the right direction. Staff will make sure the program is in place before the units and built and sold.

MOTION: A motion was made by Council Member Gardner to approve the zone change with the applicant providing 12 units for attainable housing subject to a development agreement.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution supplementing a parameters resolution adopted November 16, 2006, authorizing the issuance and sale of approximately $5,256,000 General Obligation Refunding Bonds, Series 2006, of the City of St. George, Utah (the ?Issuer?), to refund and retire a portion of the Issuer?s outstanding General Obligation Bonds, Series 1999; prescribing the form of bonds; providing for the use of the proceeds thereof and how payment of said bonds will be made; authorizing the taking of all other actions necessary for the consummation of the transactions contemplated by this resolution, and related matters.

City Manager Gary Esplin explained that the City previously bonded for 18 million in two series. Since then the interest on tax exempt bonds has gone down, and by approving this resolution the City will realize an approximately 7% savings. A unique offer has been received from Banc of America in that if the City closes before the end of the fiscal year, the interest rate will be less than 4% and be bank eligible. The City will realize a savings of $350,000 over the length of the remaining time on the bonds. $150,000 in savings will be realized immediately in the next year which can be used for projects in the parks and recreation areas intended in the bond election but not currently funded. Part of the balance will be passed on to the ratepayers in the community through a lower tax levy. This is a great rate and a good opportunity for the City to save money.


St. George City Council Minutes
December 7, 2006
Page Five

MOTION: A motion was made by Council Member Gardner to approve the resolution.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

PRESENTATION OF AUDIT:
Presentation of the 2006 annual audit report.

Ken Hinton announced that the City?s audit and financial statement has been completed and issued. This year, as has historically been the case, the City received a clean audit opinion, and its financial statements are in compliance with federal and state laws.

Phil Peterson, Finance Director, expressed thanks for his opportunity to work for the City.

Mayor Pro Tem Orton invited several Scouts in the audience to introduce themselves.

REPORT FROM PLANNING COMMISSION MEETING HELD NOVEMBER 28, 2006.
Community Development Director Bob Nicholson advised that the Planning Commission scheduled public hearings for January 4, 2007 at 5:00 p.m. before the City Council to consider (1) proposed amendments to Title 10, Chapter 17, St. George City Code with regard to conditional uses; (2) proposed amendments to Title 10, various chapters and sections regarding conditional uses; and (3)consider a zone change request from Open Space and Mining and Grazing to PD Residential and PD Commerical on 516 acres of land for the future Atkinville Interchange located near the existing Utah Visitor?s Center and Sun River development. He stated he would like to set Wailea Falls for the same date.

City Manager Gary Esplin advised the reason Wailea Falls was tabled is because of the request for density and attainable housing issue. The City Council has since determined that it would look at each project individually with regard to attainable housing, so the Wailea Falls project can be scheduled for a public hearing.

FINAL PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 28, 2006, recommended approval of the final plats for Southgate Hills Phase 6, Rocky Bluffs, Cottages (Fossil Hills) Phase 2, and Cottages (Fossil Hills) Phase 3.

MOTION: A motion was made by Council Member Gardner to approve the final plats.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

REPORT FROM PLANNING COMMISSION MEETING HELD NOVEMBER 28, 2006:
Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of a request for a storage building on 700 South west of Bluff Street behind the surgical center but requested it go to the hillside review board before city council.

LEASE AGREEMENT:
Consider approval of a lease agreement with SkyWire Communications for two sites in exchange for City wireless service.

Support Services Manager Marc Mortensen advised that staff recommends this item be tabled until further review of the lease agreement is made.

APPROVAL OF GRANT:
Consider approval of a 2006 Homeland Security Grant for the Bomb Squad.
St. George City Council Minutes
December 7, 2006
Page Six

City Manager Gary Esplin explained that the City has received this grant every year to help with training and equipment for the Bomb Squad. He recommended approval.

MOTION: A motion was made by Council Member Whatcott to approve the grant.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

APPROVAL OF AGREEMENT:
Consider approval of a sewer upsize agreement with Sun River.

City Manager Gary Esplin explained that under the City?s policy, it can only require a developer to put in a sewer line large enough for their needs. The City would like a line large enough to serve future development in the South Block area and proposed to upsize the line from 8" to 18". It will recover its costs through impact fees.

MOTION: A motion was made by Council Member Allen to approve the agreement.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

APPROVAL OF AGREEMENT:
Consider approval of a power sales netting agreement with Powerex Corp.

Energy Services Director Phil Solomon explained that staff is trading more aggressively than it has in the past, even on a daily and hourly basis. The City currently has an agreement with Powerex Corp. and would like approval of an appendix that allows both entities to net the sales with the buys and the entity with amounts owing is invoiced and expected to pay. He advised that in 1999-2000 when the electric industry de-regulated, the City was not trading on an hourly basis and did not have a portfolio and it lost quite a bit of money. The City now has a real-time trading desk and tries to hedge its needs a month out so that it does not have to purchase power on the market. This saves the City money and the actual amount of cash in the account is healthier than it was four years ago. The City did not have to raise its electric rates this year.

MOTION: A motion was made by Council Member Whatcott to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Mayor Pro Tem Orton invited several Scouts in the audience to introduce themselves.

PROPERTY DONATION:
Consider acceptance of a property donation located next to The Highlands development in the Green Valley area.

City Manager Gary Esplin explained that the property being donated is located east of the Sunbrook Golf Course and consists of mostly hillside area with some flat area.

MOTION: A motion was made by Council Member Gardner to accept the property donation with thanks.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF AGREEMENT:
Consider approval of the Sunset Village groundwater agreement with Rosenberg Associates.



St. George City Council Minutes
December 6, 2006
Page Seven

City Manager Gary Esplin explained that the City is locating a storm drain in the Sunset Village area. This is the second time the project has been bid as no bids were received the first time. He recommended approval of the agreement subject to trying to do value engineering to bring the costs down which will require amendment of the plans. The amount of the contract is $53,200.

MOTION: A motion was made by Council Member Allen to award the bid to Rosenberg Associates in the amount of $53,200.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton 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 November 9, 2006.

MOTION: A motion was made by Council Member Allen to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held November 16, 2006.

MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Mayor Pro Tem Orton called for a short break. The meeting resumed upon the conclusion of the break.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for The Ledges Phase 12 Subdivision located on the west side of Highway 18 at about 5000 North. Randy Deschamps, applicant.

Council Member Gardner declared a conflict of interest.

Mayor Pro Tem Orton advised since there would be only three City Council members voting, the vote would have to be unanimous for any motion to pass.

Jay Sandberg explained that this plat is for the next phase of The Ledges and consists of nine fairly large lots. The Planning Commission recommends approval.

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

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye except for Council Member Gardner who abstained. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Pine Grove Subdivision located on the west side of 3000 East at about 1830 South. Jared Lund, applicant.
St. George City Council Minutes
December 7, 2006
Page Eight

Jay Sandberg explained that the property is located in the Washington Fields are and is zoned R-1-12. The property consists of 8.9 acres with a density of two homes per acre. The lots ranges from 13,000 sq. ft. to 31,000 sq. ft. The project will have public streets. There is an existing home and trees on the site but the trees will have to be removed. A park is proposed and a trail along the south side of the subdivision. The access road into the project shows just half a street which needs to be widened to at least 25' for two way traffic. In the future it will be widened to the full 50' as the property to the north develops. 3000 East is low and there is a lot of ground water and a ditch. A 20' easement along 3000 East is proposed on the westerly side of the road anticipating a need for a drain on that side of the road. He then showed pictures of the area. The preliminary geological report makes recommendations and there will be a lot of stabilization and rock work. These recommendations will be put right on the preliminary plat so that they are obvious and understood by all. A more detailed report for the subdivision will be prepared before construction drawings are approved. Once the subdivision is approved, the property to the north will have to align their roads with one or all of the roads in this subdivision, depending on the layout, and the property owners are aware of this. The Planning Commission recommends approval subject to the recommendations mentioned.

Ried Pope advised that the applicants would like to delete the trail from the project.

He was advised that this would not be possible.

Mayor Pro Tem Orton opened the public hearing.

Milt Larson advised that he owns the property to the north and wants to make sure that on any deeds issued with regard to the this project a comment is added that the purchaser is buying property next to an agriculture zone with accompanying smells and nuisances.

Community Development Director Bob Nicholson replied that this note can be added.

Mr. Larson explained that he will have up to 100 cows and calves on adjoining property. He advised that the roadway issue has not yet been worked out, and if it cannot be, the applicants will have to move the road back onto their property.

City Attorney Shawn Guzman advised that the plat should not incorporate any property other than the applicant?s.

Jay Sandberg commented that the plat only shows half the road which is 17.5 feet. The applicant can either work with the adjacent property owner or he will have to shift the road onto his subdivision to the south and make the lots smaller. There will be a problem at the intersection where the existing home and road line up with the centerline, and this must be worked out before the construction drawings.

Mr. Larson commented that the drainage ditch is part of the problem. As the road has been torn up, the dirt keeps sloughing off into the drainage ditch so that it does not drain properly.

City Manager Gary Esplin advised that Water Services Director Barry Barnum is aware of this problem. This situation is part of the construction problem with the existing road. The easement is for the long term storm drain.

Donald Rawlings commented that he owns property across the street. He inquired how many lots there would be in the subdivision.

City Planner Ray Snyder replied that the property is zoned R-1-12.

City Manager Gary Esplin advised that this zoning would allow three lots per acre.


St. George City Council Minutes
December 7. 2006
Page Nine

Mr. Rawlings complimented Water Services Director Barry Barnum for having the foresight to put the pipe in during construction, instead of tearing up the street later to put it in.

An unidentified man explained that the original intent was to have culdesacs, but in the planning process it was recommended that he build a road all the way through the subdivision to connect to future development. While it will not make a difference as far as building the homes, it is a safety issue for children and will take away from the cozy feeling of the neighborhood. He stated he did not know of any trails that would connect to the trail in his project.

City Manager Gary Esplin explained that the trail system goes out to 3000 East, runs along 3000 East to connect to other areas of the City, and everyone in this area is required to provide a trail.

Jay Sandberg explained that it is anticipated that there will be another subdivision to mirror this subdivision and it will have three through-streets. The owner says he would like to have two culdesacs and only one through-street.

City Manager Gary Esplin replied that the City Council has been clear that culdesacs are not appropriate for interaction between projects.

Jay Sandberg commented that the future development will also have a matching trail, and the trail will be widened in the future.

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

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat subject to the recommendations of the Planning Commission and with the stipulation that the plat contain a note recognizing the previous and ongoing use of agriculture adjacent to the project.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change request from R-1-10 to C-3 on 3.11 acres located on the west side of Bluff Street at about 500 North. Jason Vowell, applicant.

City Planner Ray Snyder explained that the Texaco gas station will be demolished and removed. The subject property is located behind Executive Car Sales and involves a large area, except that only one-third can be developed because of the topography and hillside ordinance. The property will be accessed by Bluff Street. The project has been through Planning staff review and the Planning Commission recommends approval. Two letters have been received from concerned citizens, one in favor of the project unless it affects their view and one opposed to the project, which he read into the record. Views will not be affected.

Council Member Allen inquired if the applicant had considered PD or Professional Officer zoning rather than C-3 zoning.

Mr. Snyder replied that they did not.

Mayor Pro Tem Orton commented that the current R-1-10 zoning was no doubt used as a holding zone.

City Manager Gary Esplin replied that it could also be an overlap of the zoning on the top of the hill.

St. George City Council Minutes
December 7, 2006
Page Ten

Council Member Gardner commented that the owners are entitled to use of their property, but it is obvious the property is not suitable for an R-1-10 subdivision and commercial zoning makes more sense.

Kelly Schmutz, representing the applicant, advised that the reason for the C-3 request is because it will be contiguous to existing C-3 zoning and will be incorporated into the

Texaco parcel as part of the overall development. The apartments will not be demolished.

Council Member Whatcott inquired of Mr. Schmutz if the applicant was opposed to a PD Commercial designation.

Mr. Schmutz replied that it had not been discussed.

Council Member Gardner commented that it would be difficult to have half of the parcel zoned PD and the other half zoned C-3.

Council Member Whatcott commented that the property butts up against the ridge and residential zoning. At least with PD zoning the City Council would have an opportunity to review the project.

Mr. Snyder explained that the Texaco property is part of the project and PD zoning would create a split zone on one piece of property.

Council Member Gardner commented he would have a hard time requiring PD zoning.

Mayor Pro Tem Orton opened the public hearing.

Leon Kennedy, President of the Ridge Homeowners? Association, commented he would not object to office buildings except that the homes that line the ridge are delicate and located very close to the edge. He inquired why the total 3.11 acres is being rezoned when only one and one-half acres can be developed. He expressed concern that if the property is rezoned, the applicant could decide not to build and sell the property.

Mayor Pro Tem Orton explained that most sales are contingent on the ability to get the property rezoned. He inquired of Mr. Schmutz if the applicant would be comfortable with PD zoning, as this would give the City Council and public a chance to look at the project.

Mr. Kennedy commented he knew the property would be developed someday and he was not opposed to that as long as the development did not adversely affect the homes located so close to the edge.

Dorothy Makin commented that she was not worried about the view, and it helped to know that only one-third of the property could be developed.

Mayor Pro Tem Orton commented that the applicant would have to comply with the Hillside Ordinance.

Ms. Makin commented she felt the request was putting the cart before the horse and the property should not be rezoned without knowing what is going in. She stated a PD zone seemed beneficial to the homeowners.

Council Member Allen explained that ?PD? stands for ?planned development?. A PD has standards that have to be approved before development takes place.

Joe Cabey commented that Bluff Street is a very congested area and any kind of business in this area will have a hard time accessing Bluff on a business day.


St. George City Council Minutes
December 7, 2006
Page Eleven

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

Council Member Whatcott commented that the option exists to rezone only the developable portion of the property.

Kelly Schmutz explained that the entire parcel is almost five acres. The request is to rezone 3.11 acres due to the hillside ordinance which allows use of some slopes. City staff felt it would be able to count those slope areas if needed to fall within the zone change area. The applicant would be fine with zoning just the useable area but by having the extra 20%-30% slopes within the zone change, he feels this gives more credence to count that in the 30% slope area. As far as traffic, there will be an intersection controlled by a traffic light, and it is one of the easiest to access on Bluff.

Kelly Schmutz explained that the entire parcel is almost five acres. The request is to rezone 3.11 acres due to the hillside ordinance which allows use of some slopes. City staff felt it would be able to count those slope areas if needed to fall within the zone change area. The applicant would be fine with zoning just the useable area but by having the extra 20-30% slopes within the zone change, he feels this gives more credence to county that in the 30% slope area. As far as traffic, there will be an intersection controlled by a traffic light, and it is one of the easiest to access on Bluff.

Council Member Gardner commented that inasmuch as the request is just for the backside of the existing property it makes sense to approve the request.

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

The motion died for lack of a second.

City Attorney Shawn Guzman advised that if the zone sought is more restrictive than that being requested and puts extra requirements on the applicant, the matter would have to be re-advertised.

Council Member Allen inquired if the fees could be waived if the applicant comes back with a request for a PD zone.

City Attorney Shawn Guzman replied that they could be waived.

City Manager Gary Esplin clarified that a PD request would require drawings and renderings and access, etc. The applicant will have to start over, but the fee can be waived.

Council Member Gardner commented this would create a burden for the landowner to identify a project when he may not be ready to do so.

City Manager Gary Esplin replied that the subject property is next to property which is zoned C-3. The applicant does not own the property, and there is no access. If the zone change were granted and it was not combined with the adjacent parcel, he inquired how the applicant would develop it. Because of the complexity of the property itself, it lends itself to a use combined with the adjacent property and is better handled through a PD zone.

MOTION: A motion was made by Council Member Allen to deny the request and ask the developer to come back with a PD zone change request with application fees waived.
SECOND: The motion was seconded by Council Member Whatcott.

City Manager Gary Esplin advised that the fees would be waived for a PD Commercial zone change request only.

VOTE: Mayor Pro Tem Orton called for a vote, as follows:

St. George City Council Minutes
December 7, 2006
Page Twelve

Council Member Allen - aye
Council Member Whatcott - aye
Mayor Pro Tem Orton - aye
Council Member Gardner - no

The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 7B, St. George City Code, to allow detached garages and accessory buildings in the side yard setback subject to complying with setback requirements and provided that the exterior appearance is similar to the main building.

Community Development Director Bob Nicholson explained that the proposed amendment deals with sideyard setbacks and structures. Right now the zoning code in single family zones says that private detached garages and accessory buildings have to be located to the rear of the home. On occasion a home has a wide lot or is located on a culdesac where the rear yard is not useable and the side yard is a reasonable location for a detached building. Setbacks of either eight or 10 feet would still have to be met. He then read the proposed amendment.

Mayor Pro Tem Orton opened the public hearing.

Council Member Whatcott commented that in the past attaching the building in some way to the house was a way to get around the ordinance.

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

MOTION: A motion was made by Council Member Gardner to approve the amendment by ordinance.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 7C, St. George City Code, to allow setbacks in multi-family zones to be established by distance to adjacent use rather than the adjacent zone.

Community Development Director Bob Nicholson explained the proposed amendment allows a 25' setback for a single family use. If the property is adjacent to a school, or non-single family use, the rear setback would be 20'. If the property is in a single family zone but is not a single family development, and adjacent to a church, school or park, the rear setback would be 20' rather than 25'. The Planning Commission recommends approval.

Council Member Whatcott inquired if the amendment is dictated by one development, or is needed all over the City.

Mr. Nicholson replied that the amendment is a result of the Pineview High School development situation, but will not have an adverse impact across the City since the difference is only 5'.



St. George City Council Minutes
December 7, 2006
Page Thirteen

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

MOTION: A motion was made by Council Member Allen to approve the amendment by ordinance.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.


PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amendment to the 2006-2007 fiscal budget.

City Manager Gary Esplin reviewed the proposed amendments.

Mayor Pro Tem Orton 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 amendments by resolution.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Whatcott to adjourn to an executive session to discuss potential litigation and a land purchase.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Ortion called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.



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Gay Cragun, City Recorder