City Council Minutes

Thursday, January 15,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 15, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Sharon Isom
Council Member Bob Whatcott
Council Member Larry Gardner
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
City Manager Gary Esplin

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Matt Loo, and the invocation was offered by Russ Peck. Mayor McArthur invited several Scouts in the audience to introduce themselves.

Mayor McArthur announced that Heritage Days in honor of St. George?s 142nd birthday would be held this weekend. A free-swim will be held Friday, January 16th at the Sand Hollow Aquatic Center, and the Mayor and City Council will be serving free root beer floats on Saturday the 17th at the Social Hall from noon to 2:00 p.m. He invited all to attend.

Marc Mortensen presented a golf update video presentation.

CONSENT CALENDAR:
Consider approval of the financial statement for December, 2003.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the financial statement as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE:
Consider approval of an ordinance establishing regulations for the disposal of a significant parcel of City-owned real estate.

City Attorney Shawn Guzman explained that as discussed previously, according to the County Land Use Management Act, sales of City-owned property were subject to Planning Commission approval. A recent case in Weber County ruled that if a municipal property sale did not go through the Planning Commission, the sale could be voided. The legislature recently passed a law amending this requirement. The proposed ordinance identifies that a significant parcel of property is worth $500,000 or more, and provides notice requirements, either by setting the matter for a public hearing or having a period of time when those who want to comment can do so in writing to the City Recorder. A 14 day notice is required before disposal of the property, but the ordinances allows flexibility to provide that notice either way.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the ordinance. Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Isom - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an amendment to the Pretreatment Ordinance.

Water Services Director Barry Barnum explained that the amount of pH in the flows into the sewer system are restricted. The City has set its pH limit at 11, but federal regulations allow a pH limit of 12. In order to match the City?s limit to that in the federal register, it is recommended that an ordinance be approved changing the City?s pH limit to 12.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance. Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye

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January 15, 2004
Page Two

Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

CONSERVATION CALENDAR:
Council Member Whatcott complimented staff on the quality of the recently issued Conservation Calendar, and advised that it is now available to the public. It will also be available at Heritage Week activities.

BEER LICENSE:
Consider approval of a beer license for the Dixie Red Hills Golf Course. Allen Orchard, applicant.

Laura Woolsey, Business License Officer, advised that the application meets all City requirements.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the beer license. Mayor McArthur called for a vote, and all voted aye. The motion carried.

BEER LICENSE:
Consider approval of a beer license for the Bloomington Market. Norman Joel Younker, applicant.

Laura Woolsey, Business License Officer, advised that the application meets all City requirements.

A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the beer license. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 13, 2004, recommended that a public hearing be scheduled for February 5, 2004 at 5:00 p.m. to consider an amendment to the Zoning Ordinance, Chapter 9, Administrative and Professional Office Zone, regarding setbacks required for office buildings abutting residential zones. City of St. George, applicant.

A motion was made by Council Member Allen and seconded by Council Member Gardner to schedule the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 13, 2004, recommended that a public hearing be scheduled for February 19, 2004 at 5:00 p.m. to consider a zone change from R-1-10 to R-1-8 on 10.662 acres located at Country Lane and Malaga Drive. Darren Hensley, applicant.

A motion was made by Council Member Gardner and seconded by Council Member Allen to schedule the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

GENERAL PLAN AMENDMENT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 13, 2004, recommended denial of a request for a general plan amendment from low density residential to commercial for property located on the east side of Valley View Drive south of the Shell station on Sunset Blvd. Morwood Properties, LLC, applicant. The applicant, however, would like its request considered by the City Council.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to schedule the public hearing for February 19, 2004 at 5:00 p.m. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 13, 2004, recommended approval of the final plats for Slickrock Ridge Subdivision Phase 5, Blackrock Condominiums at Stonebridge Phase 4, and Woodbridge Townhomes Phase 3.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the plats and authorize the Mayor to sign them. Mayor McArthur called for a vote, and all voted aye.

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Page Three

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 13, 2004, recommended approval of the preliminary plat for Sky Hawk Townhomes with 36 units located at 1200 East and 400 South with the stipulation that the units consist of the same color, stone, stucco, roof tile and garage as the Bedrock Townhomes.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 13, 2004, recommended approval of the preliminary plat for Sun River at St. George Phase 4 with 69 dwelling units located at Sun River Drive and Wide River Drive with the stipulation that a note be placed on the final plat for the temporary construction easement across pads 458 and 467 to accommodate the bridge construction and erosion control plan as part of the subdivision/final plat improvement plans.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

POSSIBLE GENERAL PLAN AMENDMENT:
Associate Planner Mark Bradley advised that the Planning Commission, at its January 13, 2004 meeting, discussed the possibility of a general plan amendment from Rural Residential (up to two dwelling units per acre) to Low Density Residential (up to four dwelling units per acre) for an area located between Crimson Cliffs Drive and Greystone Subdivision in order to allow the streets to connect. Derrill Larkin is the applicant. Mr. Bradley explained that the applicant suggests RE-12.5 zoning will allow the best possible layout for the road with lots between 12,500 sq. ft. and 15,000 sq. ft. The
Planning Commission felt the proposed density of 2.4 dwelling units per acre is in harmony with the General Plan and felt a zone change request could be made.

Derrill Larkin, applicant, stated that the only way to make the property work is with RE-12.5 zoning. The 12 lots will range from 12,700 sq. ft. to 20,000 sq. ft. and the road configuration will provide connectivity throughout the project.

Community Development Director Bob Nicholson explained that the Planning Commission felt the difference between 10 and 12 lots was not significant given the fact that the proposed zone change accommodates the road pattern.

Council Member Orton inquired of Mr. Larkin the number of people in his adjacent subdivision who have large animals.

Mr. Larkin replied that there were two and possibly three out of 54 lots.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner that a general plan amendment was not needed, and the applicant could submit a zone change application. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 13, 2004, recommended approval of a site plan and building elevation for the Sprinkler Supply Company building located in a PD Commercial zone at 1600 South and Black Ridge Drive. Jacob Rohner is the applicant. Approval was recommended based on the following stipulations: (1) the building have brown earth tone block instead of the gray as shown on the plans; (2) the band of smooth face block be contrasting brown earth tone instead of blue; (3) outside storage be below the wall; and (4) a sign on the building only (the red lettering is satisfactory). Mr. Bradley advised that the applicant agreed with the stipulations recommended by the Planning Commission.

Mayor McArthur inquired about the size of address numbers on commercial buildings.

Fire Chief Robert Stoker advised that the International Building Code requires address numbering to be 6" or larger and of a contrasting color.

Council Member Whatcott inquired if access would be off 1600 South. He was advised that it would be.



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Mr. Bradley advised that the facility would be gated, with the gate open in the day and closed at night.

Council Member Whatcott commented that this commercial area will be highly visible, and he inquired if staff or the Planning Commission was concerned with large trucks driving in and out of the facility. He commented that the road serving the facility will be a high volume road.

Mr. Bradley replied that there had been no discussion about the size of vehicles.

Council Member Gardner commented he felt the building was fine and fit the area.

Mayor McArthur inquired about outside storage.

Council Member Allen advised that at the Planning Commission meeting, the applicant advised that the outside storage would consist of pipe, and it would not be stacked high.

Mr. Bradley explained that the building contains 6,238 sq. ft., 3,354 sq. ft. of which is warehouse space for most of the supplies.

Council Member Isom commented that future traffic needed to be considered.

Council Member Orton inquired if a traffic survey was required.

Community Development Director Bob Nicholson replied that it depended on the trip generation. 100 peak trip hours are needed before a traffic study is required.

Mayor McArthur suggested tabling the matter until the applicant could be present to answer a few questions.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to table the matter until the applicant was present. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
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. E&F Investments, applicant.

Mayor McArthur explained that the public hearing was continued to this meeting so that a site visit could be made to the subject property.

Community Development Director Bob Nicholson explained that the General Plan currently suggests medium density residential with up to nine units per acre. The applicants are requesting commercial zoning. Surrounding uses include the Ironwood Subdivision, the fire station, horse corrals and manufactured homes. There is existing commercial zoning at the intersection of Dixie Downs Road and Snow Canyon Parkway on both sides of the road. There is also a proposed townhome project across the street to the east on the site of the old race track. A general plan amendment frequently creates a ripple effect, changing the surrounding property, but in this case this would probably not happen as a majority of the surrounding properties are developed.

Mayor McArthur stated that neighbors were worried about the creep and crawl to the west where the horse corrals are currently located. A storage facility can be a good neighbor if it doesn?t expand. He inquired if there was something that could be done to guarantee the use of the property.

Mr. Nicholson replied that the applicants are proposing a development agreement for the site.

Council Member Orton inquired why the parcel of property to the south was included in the request.

Mr. Nicholson replied that it did not have to be, and the corner property could be isolated. The owner of the property to the south just piggybacked on to this request.

City Attorney Shawn Guzman replied that while better control of the project could be had in a PD, the setbacks in this case would not work.

Mr. Nicholson explained that there are mandatory setbacks in a PD of 10'. The applicant is proposing a 2' setback.



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Council Member Orton inquired if the parcels of property could be separated with the City Council considering only the northern corner property. He was advised that this was possible.

Council Member Whatcott inquired whether a commercial designation was appropriate for this location, and if so, were rental units an appropriate use. He inquired if the City Council was willing to allow a commercial use in that residential area.

Mayor McArthur opened the public hearing.

Neva Gressman advised that she previously sent a letter to the City Council. The applicant met with concerned neighbors after Christmas, and for the most part, they feel comfortable with the proposal. She inquired about security and hours of operation. She stated she would like to be reassured that each request for a change in the area will be covered by a development agreement. She stated she would rather have storage units on the subject property than nine modular homes.

Larry Snyder, a resident of Ironwood, submitted a letter from one of his neighbors for the record, and commented that he had an ongoing concern about the expansion of commercial use. He stated that while storage units would not be his first choice, he had no big objection.

Lorin Neilson, applicant, advised that the storage units would be open during daylight hours only and would have an electronic gate. Users of the units would be encouraged to use a certain type of lock. The facility will be lit during non-daylight hours, and there will be a dumpster on site.

Council Member Allen commented that lighting was addressed at the Planning Commission meeting, and short lights with down-lighting were recommended.

Council Member Orton inquired if the applicant agreed with the stipulations as far as the color of the block.

Mr. Neilson advised that the draft development agreement had already been signed.

Council Member Whatcott inquired of the applicant why the City should change its General Plan to accommodate commercial development when commercially zoned property was located a block away.

Mr. Neilson replied that he did not believe the proposed use was an encroachment into the residential area and was consistent with uses which will be at the intersection of Snow Canyon Parkway and Dixie Downs Road. He explained that the project would not be the beginning of commercialization in the area, as the request is just for the corner area and not for any other area, and is consistent with other uses.

Council Member Whatcott inquired of the applicant what options neighboring owners would have in developing their properties other than a similar use if this request were granted.

Mr. Neilson replied that the property to the west is currently zoned RE-37.5 and a zone change would have to be requested.

Council Member Whatcott commented that his question was philosophical in nature. He stated that the proposed project would limit what can happen to adjoining properties in the future, and in essence would be setting a trend for the area. A ripple effect will be created.

Mr. Neilson replied that the project will not create a ripple effect, as adjacent residents will watch out for any new projects in the area. He stated his assumption was that adjacent properties would be developed as residential.

Council Member Orton commented that a ripple effect will be created for the property to the south.

Mayor McArthur commented that it was not logical the property remain zoned RE-37.5.

Council Member Whatcott advised that a neighborhood committee had been created to enhance and upgrade the image of the area. He inquired if 20 years from now this project would prohibit the tearing down of old units to enhance the area.

Matt Loo, Economic Development Specialist, advised that the Committee is still in its infancy as far as organization, but there is some concern as far as what effect this project will have in the long run. The Committee plans to be aggressive in brightening up the Dixie Downs area as a community, but he did not have enough information at this time to say what the future effect would be.

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Mayor McArthur commented that RE-37.5 zoning was not logical, but it must be determined if the proposed project fits well into the area and is appropriate.

Council Member Isom commented she felt the proposed project was a step in the right direction, and she did not have a problem with it as long as there was a development agreement. She preferred PD Commercial zoning, but commented she could live with commercial zoning if the neighbors wanted it, and as long as each change in the area comes before the City Council for review and neighbors are notified.

There being no further public comment, Mayor McArthur closed the public hearing.

A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the General Plan amendment, by ordinance, for the northern parcel of property only. Mayor McArthur called for a roll call vote, as follows:

Council Member Isom - aye
Council Member Gardner - aye
Council Member Whatcott - no
Council Member Allen - aye
Council Member Orton - aye

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change 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. E&F Investments, applicant.

Community Development Director Bob Nicholson explained that the units will consist of split face brown block to match the Ironwood wall. All units will have a gabled, tiled roof.

Council Member Whatcott commented that with a 2' setback on the south side of the project, in essence it is being said that residential will not be allowed, and the adjacent property will be forced to become commercial.

Council Member Gardner replied that the property to the south could still build 8-10' from the property line.

Council Member Whatcott commented that a 2' setback does not behoove a normal person to want to build next to a building which is 2' from the property line.

Community Development Director Bob Nicholson explained that there could be a 12' distance from one building to the next.

Council Member Gardner commented that the City?s ordinance allows 8' walls or sides of garages to be built on the property line between properties.

Council Member Whatcott commented the 2' setback was not compatible with a residential neighborhood.

Council Member Gardner commented that the back wall of the storage units could serve as a wall and meet the City?s ordinance.

Council Member Whatcott commented that aesthetically the 2' setback was not compatible, and would limit the possibility for an adjacent residential use. In effect, this project will ripple to adjoining property.

Lorin Neilson, applicant, advised that the original proposal was for a 10' wall on the property line, but this was not approved by the Planning Commission.

Council Member Gardner inquired if the developer will be required to build a wall around the facility.

Community Development Director Bob Nicholson replied that the back of the storage unit building becomes the wall, with a 2' setback to the property line.

Council Member Gardner commented that the 2' setback will create a trash trap. He inquired who would be responsible for the upkeep of this 2' area.

Council Member Isom replied that it would be the developer?s responsibility.

Council Member Whatcott inquired if it would be better to have a 0' setback rather than 2' to eliminate the trash trap.
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January 15, 2004
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Mayor McArthur commented that drainage must be considered.

Mr. Nicholson commented that the footing for the building will encroach across the property line, and in essence would become a part of the adjoining parcel.

Lorin Neilson, applicant, advised that 135 storage units are planned, from the size of a closet to 10' x 18'.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

A motion was made by Council Member Allen to approve the zone change request subject to a development agreement.

Council Member Isom commented she would second the motion if the development agreement addresses who will have to take care of the 2' vacant area if it becomes a no man?s land.

Council Member Whatcott commented he would also like the motion to include the requirement that the development agreement stipulate that the 2' area must be aesthetically pleasing.

Council Members Allen and Isom agreed to this addition.

City Attorney Shawn Guzman requested a clarification of ?aesthetically pleasing?. He was informed that the area needed to be kept clear and not used for storage.

Lorin Neilson, applicant, suggested that the same rock which will be used on the two exterior roadsides could be placed in this 2' area.

Council Member Whatcott suggested that a requirement be included in the development agreement that approval be obtained from staff as to how this 2' area is administered and planned.

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

Council Member Allen - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a 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. Sheffield Development, Inc., applicant.

Community Development Director Bob Nicholson explained that the proposed project consists of 84 detached housing units on 15.3 acres. Access will be from 1450 South Street with a second access off the public street through a cul de sac. The project will be called the Villas at Boulder Springs. The units will be one and two levels. Overall density is 5.49 units per acre. The General Plan identifies the area as medium density. There is a commercial designation at the corner of 1450 South and River Road. The Boulders subdivision is located to the south. 17 different models are proposed, most of rock and stucco with tile roofs. The Planning Commission asked the applicant to provide a view shed analysis and cross sections. The project will be gated.

Council Member Isom was excused from the meeting.

Mr. Nicholson advised that the Planning Commission recommended approval.

There was brief discussion about the 100 year flood plain. Mr. Nicholson advised that fill dirt has been added throughout the area, and the project is located outside of the 100 year flood plain in any event.

Steven Sheffield, applicant, explained the flood plain ends at the drop to 1450 South Street. Water historically located on the site came from a blocked irrigation canal, and this has been verified by the Corp of Engineers. Engineering and architectural plans for the health club are almost complete, and it is hoped the loan will close within three to four weeks. This project will serve as a transitional zone between the Boulders and the commercial area. Allowed density is nine units per acre. It was decided to split the density into lower density for a majority of the project, with a cluster of condos in a future project. The density of this project is six units per acre. The homes will be

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January 15, 2004
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similar to those in the Boulders except in a PUD concept and it will be a gated community. The decision to gate the project was made for security purposes. The gates will be open during the day but closed at night for secured access only. The size of the homes will be 1600 to 2700 sq. ft. There will be no recreational facilities because the project will be associated with the health club. Memberships will be given to those purchasing homes, and monthly fees for use of the health club will be incorporated into the homeowner fees. The price range of the homes will be $215,000 to $275,000. Instead of using block walls to provide security, a hilled berm will provide privacy around the back. A recycling system will be used for waterfalls behind each home. Mr. Sheffield explained that the R-1-10 zone allows a height of 35', but he has made a voluntary effort to not block anyone?s view of the temple. Since the Planning Commission meeting, he commissioned a study by Rosenberg Engineers analyzing various points along the hillside. In conclusion, the view from the Boulders would not be obstructed by the current zoning height restriction of 35'.

Mayor McArthur inquired about the height of the health club.

Mr. Sheffield replied that it was his recollection the health club was 21' or 22' with an additional 6' for the equipment screen.

Council Member Whatcott reminded Mr. Sheffield that in a PD the City Council could require single story units.

Mayor McArthur opened the public hearing.

Hal Hickman, a resident of the Boulders, expressed concern about the drainage and advised that this is a problem in the Boulder area in general. He stated he wanted to be sure that Mr. Sheffield knew he would be responsible for drainage. He stated that the drawings presented are not at a point where the amount of fill and height of homes could be determined. He suggested that the City Council restrict the height of homes against the hillside, not only from a view standpoint but for aesthetics. He stated that by having a density of only 6 units per acre in this project, density in Phase 3 will be boosted to 17 units per acre, and this is a problem. He stated that the height of the health club is actually 31' plus fill and could easily exceed 35' in height.

Rick Rosenberg advised that City staff has already required a grading plan showing the fill, approximate elevations, and where the pads will be located. This was done as part of engineering staff review for the health club approval. He explained that the drawings do reflect the fills. 1% slopes will be provided so that all water drains back to 1450 South according to Engineering Department recommendations. There are also storm drains throughout the project, and a storm drain plan has been submitted. The biggest change from a historic perspective is the bridge. When it was built it exceeded the capacity of the 100 year floodplain and opened the biggest span historically on the river. This allows more passage of water through the area and will protect upstream properties from flooding. The City also participated in an erosion control project along 1450 South. There has been significant improvement made to the area over the last decade with regard to flooding and floodplains. Fill will be placed in the project for positive drainage to 1450 South, and will be filled to several feel about the 100 year floodplain. Height restrictions are unnecessary in the northeast corner of the project, and with regard to height restrictions on interior lots, there is only about a foot differential in the view shed.

Mr. Sheffield commented that there will be walls around the health club and along 1450 South and along the right side of the project. He stated that if the City Council was going to impose an economic burden on him and future owners, there should be some benefit. He commented that homes built against the hillside will not block the view from the Boulders, as pointed out in the drawings.

Tracy Hickman, a resident of the Boulders, recited an Arabic proverb, ?Trust in Allah, but tie up your camel?. One of the issues with the health club is ambient lighting, and the City Council asked Mr. Sheffield to install subdued lighting. In keeping with that stipulation, a similar restriction should be imposed on this development to minimize light pollution. Of more concern is the height of a home behind him and the proximity of the home to his. He stated he had some concerns about how he was going to maintain the property off the hillside in relationship to the property behind him. He also expressed concern about the density of the area, and commented that 17 units per acre will be difficult. The view is the main concern. Lots in the Boulders were purchased from Mr. Sheffield and everyone paid for their view. Mr. Sheffield has been compensated, and residents of the Boulders want to retain the value of what they paid for. Some kind of height restriction should be established so as not to impede the view that was paid for.

There being no further public comment, Mayor McArthur closed the public hearing.


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Mayor McArthur commented that the Planning Commission recommended approval without any stipulations.

Community Development Director Bob Nicholson explained that the applicant has to meet open space standards of 200 sq. ft. per unit. There is open space in the middle of the project.

Council Member Gardner inquired about lighting.

Rick Rosenberg replied that lighting would be provided on short posts, and commented that the street lights on 1450 South will be a worse offender as they will be higher and brighter than the lighting within the project. The lights in the project will be fitted with hoods to reflect the light downward.

Mr. Sheffield advised that he has not yet selected the lights, and this request is for zoning. The concept is to have smaller residential-type lighting. The homeowners on the ridge will be committing more of an offense than those in his project because of their flood lights. He advised that he was familiar with and will deal with drainage problems in the Boulders as all the drainage water runs by his home. With regard to the view, there will be no obstructions.

Council Member Whatcott commented that the project was good looking, the renderings were very appealing, and the project will be a positive addition to the area. However, some height restrictions are needed for protection. With regard to Mr. Sheffield?s statement that he needed some kind of reimbursement, he is getting 23 additional lots with a PD than he would with R-1-10 zoning. The residents of the Boulders have paid a premium for their view lots and they should be able to retain their views. He then made a motion to approve the zone change request with the stipulation that the view shed be maintained. Two story homes would still be allowed in the interior of the project where they would not affect the view.

Council Member Gardner commented that if the level of fill were unknown, then the height of the homes would be unpredictable. However, the finished level has been determined and it appears the view shed will be protected.

Council Member Whatcott agreed that this was true, except in Cross Section D as shown on the renderings.

Council Member Gardner commented that the height restriction would be unfair, and the proposal presented accomplishes the concerns of the Hickmans.

Council Member Whatcott commented that this was not true in Cross Section D, as a two story home against those homes will block their view.

Rick Rosenberg requested that the height restriction be tightly defined so he would know what to do elevation-wise. He commented that at street level, no view will be blocked. A walk-out basement view, however, might be blocked.

Council Member Whatcott amended his motion to approve the zone change with restrictions on height based on elevations to be determined later as the plat is defined and lot numbers assigned.

Community Development Director Bob Nicholson advised that Mr. Rosenberg could set forth the elevations on each lot.

Council Member Gardner inquired if the developer would be free to build as long as the view shed was protected as exhibited on the renderings.

City Attorney Shawn Guzman commented that the project could be approved as presented but height restrictions could not be imposed because it is not known what the height and elevations will be.

Rick Rosenberg advised that the preliminary plat could designate maximum elevation on a lot by lot basis.

Council Member Whatcott commented his motion for approval would include the stipulation that it be subject to height restrictions presented on the preliminary plat.

Mr. Rosenberg commented that he would set up each individual pad grade to meet the restriction based on the pad grade.

Council Member Whatcott advised that he would like the walkout basement views protected.


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January 15, 2004
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Mayor McArthur clarified that the height restriction would include the perimeter lots and all the lots in Cross Section D.

The motion was seconded by Council Member Allen.

City Attorney Shawn Guzman inquired about lighting.

Council Member Whatcott amended his motion to also include directional hooded lighting as discussed.

Mr. Sheffield commented that it was reasonable to expect a view from the main floor of the homes in the Boulders, but not from the lower levels of the homes. To imply that there should have a view from any place in their homes is unreasonable.

Hal Hickman advised that almost all homeowners along the rim in the Boulders have walkout basements, and they built with the view in mind and with the assurance that there would not be any impediment to their view.

Mr. Sheffield commented that the project as presented will not block views from any lots as they existed at the time they were sold.

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

Council Member Whatcott -aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Open Space to C-2 Highway Commercial on .8 acre located at about 150 North on 900 East south of Skyline Drive. Andy Leavitt, applicant.

Community Development Director Bob Nicholson advised that the hill on the subject property would remain open space and undisturbed. The applicant is also aware of the Temple Springs which are located on the property and will have to be protected. The Planning Commission unanimously recommended approval.

Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the zone change by ordinance. Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an addition of 30 feet to an existing garage with a height of 19 feet 6 inches located at 3619 South 1550 West. Pete Kimball, applicant.

Planner Ray Snyder advised that the applicant would like to expand his existing garage in order to house his motor home.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the conditional use permit. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Snyder advised that no opposition to the request has been received from neighbors.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for up to 18 feet total height for a detached garage located in an R-1-10 zone at 2341 Graystone Drive. Scott Jones, applicant.



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January 15, 2004
Page Eleven

Planner Ray Snyder advised that the applicant would like to construct an RV garage. The ordinance requires that it be located 10' away from the existing garage. No opposition has been received from neighbors.

Council Member Orton inquired if the new garage would be higher than the existing home or garage. He commented he wanted to be sure the new garage would be built on the same ground level. He was assured that it would be.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit. Mayor McArthur called for a vote, and all voted aye.

CONSTRUCTION MANAGEMENT CONTRACT:
Consider approval of a construction management contract with Rosenberg Associates for the South Indian Hills storm drain project.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a small sandwich shop in an M-1 zone at 451 North 1400 East. Unit A. Maria and Terry Hart, applicants.

Planner Ray Snyder advised that restaurants in an M-1 zone require a conditional use permit. There are 15 parking spaces to serve the entire complex, and the restaurant requires a minimum of ten. The Planning Commission recommended approval subject to three conditions:

1. A floor plan and structural plans as required by the Building Department shall be submitted and approved prior to occupancy.
2. If the use intensifies, the Planning Commission and City Council shall re-evaluate the conditional use permit.
3. No grease producing equipment shall be installed.

Fire Chief Robert Stoker advised that as long as the restaurant remains a deli and uses steam to heat the food, no hood system is required.

A motion to approve the request subject to the recommendations of the Planning Commission was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a bed and breakfast inn at a Landmark Site at 391 South Main Street. Tom Bachman, applicant.

Planner Ray Snyder advised that in addition to a bed and breakfast, the applicant would like permission to operate a small vacation rental office on site. No letters of opposition have been received from neighbors. The Planning Commission recommends approval.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit.

Mr. Snyder advised that the Planning Commission also recommended that the applicant reduce the number of parking spaces from eight to six to provide for more landscaping.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to replace a 100 foot communications tower with another 100 foot co-location cell tower at approximately 916 N. Red Rock Rd. Jay Sample, AFL Telecommunications, applicant.

This item was tabled.

CONSTRUCTION AGREEMENT:
Consider approval of a construction agreement with Quality Development.

Public Works Director Larry Bulloch advised that approval of the agreement would facilitate the paving of the graveled road from River Road paralleling the Ft. Pearce Wash past the Knolls Subdivision. The City is partnering with the developer to obtain full completion of the road through the Knolls Subdivision and the price has been negotiated.

St. George City Council Minutes
January 15, 2004
Page Twelve

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPOINT OFFICERS:
Appointment of municipal officers.

Mayor McArthur recommended appointment of the following municipal officers for a term of two years:

Shawn Guzman - City Attorney
Gay Cragun - City Recorder
Deanna Brklacich - City Treasurer
Marlon Stratton - Police Chief
Robert Stoker - Fire Chief
Phil Peterson - Finance Director
Kent Perkins - Leisure Services Director
Larry Bulloch - Public Works Director
Barry Barnum - Water Services Director
Phil Solomon - Energy Services Director
Joe Vincent - Administrative Services Director
Bob Nicholson - Community Development Director
Miriam Palma, Deputy City Recorder
Ren? Fleming, Deputy City Recorder
Cheyenne Harris - Deputy City Recorder
Linda Brooks - Deputy City Recorder

A motion was made by Council Member Allen and seconded by Council Member Gardner to appoint the municipal officers as recommended by Mayor McArthur. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPOINTMENT:
Appointments to boards and commissions.

Mayor McArthur recommended that Myrna Stout be reappointed to the Planning Commission, and that Ross Taylor be appointed to the Planning Commission to replace Debora Christopher.

Community Development Director Bob Nicholson will send a letter of thanks to Mrs. Christopher for her years of service on the Planning Commission.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to appoint Myrna Stout and Ross Taylor to the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION:
This discussion was continued from earlier in the meeting. The applicant, Cory Olsen, was now present.

Mayor McArthur advised Mr. Olsen that the City Council was concerned with the building?s industrial look and outside storage.

Mr. Olsen, applicant, advised that the 20' lengths of PVC pipe would be stacked no higher than 3' along the perimeter of the yard, and the area would be kept presentable.

Council Member Whatcott inquired about the size of trucks making deliveries.

Mr. Olsen replied that most of the fleet consists of 3/4 ton pick-ups with a 20' long flat bed.

Council Member Gardner advised that the City Council was more concerned with semis.

Mr. Olsen advised that most of the product sold at this location will be transferred from the distribution warehouse in Salt Lake City using their own trucks. There may be an occasional semi truck drop off a pallet, but most supplies will be delivered by UPS and their own transfers. Mr. Olsen advised that the company?s trademark is its gray building with a blue stripe, but they want to conform and fit into the community.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the site plan and building elevation subject to the recommendations of the Planning Commission, as follows:

1. The building have brown earth tone block instead of the gray as shown on the plans.


St. George City Council Minutes
January 15, 2004
Page Thirteen

2. The band of smooth face block be of contrasting brown earth tone instead of blue.
3. Outside storage be below the wall.
4. A sign is allowed on the building only (the red lettering is satisfactory).

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the emergency City Council meeting held December 31, 2003.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion was made by Council Member Gardner and seconded by Council Member Allen to adjourn to an executive session to discuss litigation and property sales. Mayor McArthur called for a roll call vote as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
The meeting reconvened and then adjourned.


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Gay Cragun, City Recorder