City Council Minutes

Thursday, August 16,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 16, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance to the flag was led by Shawn Guzman and the invocation was offered by Pastor Bernie Larson.

TABLE ITEMS:
City Manager Gary Esplin advised that Item 2G to consider award of bid for eleven in-car video systems for the Police Department was tabled from the agenda, as well as an item from the Planning Commission report with regard to Dixie Regional Medical Center.

PRESENTATION OF AWARDS:
Deputy Chief Russ Peck explained that during the power outage of July 16, two citizens, Duane Fielding and Jeremy Johnson, assisted the City by allowing use of a helicopter and piloting it so that Energy Department employees could check out the power lines, thus enabling City crews to restore power to the citizens as soon as possible. They did not ask for remuneration or recognition, and the City would like to honor them for this service.

Mayor McArthur advised that Mr. Fielding and Mr. Johnson, along with City employees, acted above and beyond the call of duty in this incident, as well as in the flood of 2005. He then presented Mr. Fielding and Mr. Johnson with plaques in recognition of their service to the citizens of St. George.

AWARD OF BID:
Consider approval of a truck-mounted striper for the Streets Department.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, M-B Companies, in the amount of $253,851.82.

MOTION: A motion was made by Council Member Orton to award the bid as recommended.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for various wood poles for the Power Department.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Northern Power, a local vendor, in the amount of $98,853.

MOTION: A motion was made by Council Member Gardner to award the bid as recommended.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for miscellaneous electrical parts for the Energy Services Department.

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August 16, 2007
Page Two

Purchasing Manager Connie Hood explained that the City went out to bid to verify pricing on miscellaneous electrical parts for the warehouse for whatever projects needed. She recommended that blanket purchase orders be awarded to Codale Electric in the amount of $350,000 and to Northern Power in the amount of $100,000.

MOTION: A motion was made by Council Member Whatcott to award the bids as recommended.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for chemicals and fertilizers for the Golf Division.

Purchasing Manager Connie Hood explained that the City went out to bid to verify pricing. The products are used by the golf courses and parks department. She recommended award of the bid to Helena Chemical in the amount of $350,000, with an alternate secondary award to Simplot Partners in the amount of $50,000, for a total of $400,000.

MOTION: A motion was made by Council Member Gardner to award the bid as recommended.
SECOND: The motion was seconded by Council Member Bunker.
VOTE Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider approval of an Operation and Maintenance Agreement for the Millcreek Plant.

Purchasing Manager Connie Hood explained that the agreement is with GE for maintenance and service at the Millcreek Plant for the new fiscal year in the amount of $450,000 for maintenance and parts.

City Manager Gary Esplin explained that the bugs are being worked out and this figure is more refined than last year. The engine is a GE engine and it is logical that they perform the work needed.

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

AWARD OF BID:
Consider award of bid for the auxiliary gym floor replacement.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Mountain West Snap Sports, in the amount of $25,048. One other bid was received.

City Manager Gary Esplin explained that this is the second new flooring to be installed.

Council Member Orton inquired about the warranty, and suggested that the warranties from both bids be compared.

Mr. Esplin replied that if the warranties are not the same, the bid will be brought back to the City Council.

MOTION: A motion was made by Council Member Orton to award the bid as recommended.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


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AWARD OF BID:
Consider award of bid for eleven in-car video systems for the Police Department.

This item was tabled.

AWARD OF BID:
Consider award of bid for AMR meters.

Purchasing Manager Connie Hood explained that this is a sole source bid for commercial and residential meters in the amount of $500,000. They are radio-read meters at the same cost as last year.

City Manager Gary Esplin explained that the new meters are working well.

MOTION: A motion was made by Council Member Bunker to award the bid as recommended.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for professional plan review services.

Purchasing Manager Connie Hood recommended award of a blanket purchase order with Sunrise Engineering in an amount not to exceed $30,000.

City Manager Gary Esplin explained there is no capacity in-house to review structural building plans.

Council Member Gardner commented a philosophical discussion is needed about the level of review the City is requiring. He suggested the matter be tabled until it could be discussed in a work meeting.

City Manager Gary Esplin replied that without award of the bid, many projects already under review would be held up.

Council Member Gardner commented that there was latitude for the City to do things differently than the way they were being done.

AMENDED MOTION: Council Member Gardner made a motion to award the bid based on an upcoming discussion.
SECOND: The motion was seconded by Council Member Allen, who commented that this bid was for commercial only.

Council Member Orton commented that the City Council has continually had this discussion.

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

AWARD OF BID:
Consider award of bid for professional plan review services.

Purchasing Manager Connie Hood recommended award of a blanket purchase order with Wildan in an amount not to exceed $30,000.

City Manager Gary Esplin advised that the City is receiving good service from both Sunrise and Wildan.

MOTION: A motion was made by Council Member Orton to award the bid as recommended.
SECOND: The motion was seconded by Council Member Whatcott.

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August 16, 2007
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VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur advised that the discussion with regard to plan review would be scheduled on a work meeting agenda in four weeks.

APPROVE AGREEMENT:
Consider approval of an agreement with Creamer & Noble to design landside improvements at the Replacement Airport.

Purchasing Manager Connie Hood advised the amount of the contract is $59,261.50.

City Manager Gary Esplin explained this amount is the City?s share. The total amount of the project is $1,185,230, with the rest covered by a grant from the FAA. The improvements are for roadways, parking, utilities, etc.

Council Member Gardner asked City Manager Gary Esplin to review the figures.

MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called fora vote, and all voted aye. The motion carried.

APPROVE AGREEMENT:
Consider approval of a sewer design cost sharing agreement.

Purchasing Manager Connie Hood advised she did not have the amount of the agreement.

City Manager Gary Esplin explained that an agreement with Alliance Engineering was previously approved for sewer line design to the new airport. This agreement is for up to $230,000 for construction engineering as well as design. This project is a partnership with SITLA and Desert Canyons and the City, all sharing in the cost of design and extending utilities to the airport.

Water Services Director Barry Barnum explained the initial phase of design is over $114,000 which has already been approved. Each of the three entities will share one third of the cost. The City?s share will be $38,000. This contract needs to be approved, but the cost sharing has not yet been determined. The goal is to have each entity participate in proportion to use of the line. This amount will be brought back to the City Council.

City Manager Gary Esplin advised the City Council can either approve the total amount subject to determination of the City?s share, or bring the item back later for approval.

MOTION: A motion was made by Council Member Bunker to approve the full contract amount of $230,000, with the cost sharing figures brought back to the City Council when determined.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
BEER LICENSE AND LOCAL CONSENT:
Consider approval of a Class EE beer license and local consent for a banquet liquor license for the Green Valley Spa and Resort. Alan Coombs, applicant.

City Manager Gary Esplin explained that the application has been reviewed and meets all City requirements.

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


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August 16, 2007
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BEER LICENSE:
Consider approval of a beer license for the Sunset Tesoro. Michael Brugger, applicant.

City Manager Gary Esplin explained that Mr. Brugger is the new owner of the Sunset Tesoro and the application meets all requirements.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit to use Main Street from St. George Blvd. to Tabernacle for a homecoming dance on September 8. Dixie High School, applicant.

Turner Pope, Dixie High School Student Body President, requested closure of Main Street from the Boulevard to Tabernacle between 5:00 p.m. and 12:00 a.m. for a dance. The plan is to have ten chaperones to assist the two police officers in monitoring the dance. They would like to hold the dance outside of the Main Street building in the center of the road. They will use a DJ with power supplied by the City. Blue Bunny will provide use of their bathrooms, and Steve Jennings agreed to provide use of the northern bathrooms in the Main Street building. He has not spoken with all the businesses affected, but plans to. The dance will start at 8:00 p.m.

Council Member Gardner suggested the street not be closed until 5:30 p.m.

Council Member Orton suggested it not be closed until 6:00 p.m.

Mayor McArthur inquired if chaperones would be stationed in the parking garage.

Mr. Pope replied that he would provide chaperones in the parking garage.

Council Member Bunker expressed concern with the noise level affecting Greene Gate Village, and if the City was opening itself up for more requests of this kind.

City Manager Gary Esplin replied the approval could be tied to homecoming dances.

Council Member Orton replied this kind of activity was wanted in the downtown area.

Council Member Allen commented that in the future the new Town Square would be a great place for dances of this kind.

City Manager Gary Esplin commented that staff?s concerns were with the businesses and the noise level. There are also homes in the area. He stated the noise level needed to be monitored and kept down to an acceptable level. Security has been discussed with Lorin Johnson and he feels OK with it. Resource officers will probably also be involved. He inquired about barricading the street.

Business License Officer Laura Woolsey advised that the students have contacted Utah Barricade who will close off the road. She recommended approval of the request pending the applicant meeting with the businesses, approval from the PD with regard to security, an encroachment permit, and safety inspection of any stage set-up by the Fire Department.

Council Member Orton inquired if the new Dixie High School principal agreed to the proposal.

Mr. Pope replied that the principal knew about it.




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August 16, 2007
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MOTION: A motion was made by Council Member Gardner to approve the request subject to the stipulations recommended by the Business License Officer, and that noise be monitored.
SECOND: The motion was seconded by Council Member Whatcott.

Mayor McArthur informed the applicant that this was a trial period and will determine if others are allowed to do the same thing in the future.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Pope requested that fees for the special event permit be waived.

City Manager Gary Esplin suggested that the fees be paid, but if the site is cleaned up and there is no vandalism, the fees could be returned to the applicant.

MOTION: A motion was made by Council Member Gardner to do as suggested by the City Manager with regard to fees.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Gardner commented that the landscaping on both sides of the street would also have to be unharmed.

SET PUBLIC HEARINGS:
Community Development Director advised that the Planning Commission, at its meeting held August 14, 2007, recommended that public hearings be scheduled for September 6, 2007 to consider: (1) a preliminary plat for Montecito Condominiums located at the west side of the intersection of Valley View Drive and Indian Hills Drive, (2) a zone change from OS to PD on land contiguous to and southwest of the existing Hidden Valley Master Plan, and amend the existing PD, (3) a zone change from RCC to PD Commercial
at 200 North 165 West, and (4) an amendment to Title 10, Chapter 8, St. George City Code to delete the 51% residential floor area requirement for mixed-use buildings.

MOTION: A motion was made by Council Member Orton to schedule the public hearings for September 6.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held August 14, 2007, recommended approval of the final plats for Escalera Estates Phases 1, 2 and 3. They all match the preliminary plats.

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

LOT SPLIT:
Planner Ray Snyder explained that the Planning Commission recommended approval of a lot split to divide one parcel into two at 150 North 900 East for a new State liquor store. The zone is C-3. The store will be located on the lower lot.

Council Member Whatcott advised he received a phone call from a business to the south and the last rainstorm deposited dirt and mud from this property onto his property. A retaining wall has been built to level the property, but drainage was not addressed. He stated the applicant needed to look at their ability to take the water off their property without dumping it onto someone else.

Mayor McArthur advised that drainage would be addressed during the building process.




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Page Seven

City Manager Gary Esplin advised the applicant will be required to retain the water on site or handle it. He commented it would be interesting to see if the City can enforce this requirement on a State building.

Mr. Snyder advised that one of the conditions recommended for approval by the Planning Commission was for a drainage study.

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

LOT SPLIT:
Planner Ray Snyder explained that the Planning Commission recommended approval of a lot split to divide one parcel into two at 3430 East south of 2000 South. Dustin Moore is the applicant. The property is zoned A-1. The applicant has included ingress and egress for the home behind it, and the purpose for the lot split is for single family residences. The applicant is aware that he has to arrange for septic tank use.

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

Mr. Snyder advised that the hospital item has been tabled until the September 6 meeting.

PUBLIC HEARING/ABANDONMENT/ORDINANCE:
Public hearing to consider abandonment of a section of Heritage Drive off of Dixie Drive. Gerry Brown, applicant.

Bill Swensen explained that the portion of roadway was no longer needed because of a new access created several years ago. Staff has approved the abandonment and legal review has been completed.

Mayor McArthur opened the public hearing.

Tim Neely inquired what an abandonment meant.

City Manager Gary Esplin explained that the City will dedicate the land back to the property owner.

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

MOTION: A motion was made by Council Member Gardner to approve the abandonment by ordinance.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

SIGN REVIEW BOARD RECOMMENDATIONS:
Consider recommendations from the Sign Review Board regarding the designation of additional major commercial streets, and a variance request for an off-premise sign on Dixie Drive for Haskell Homes.

Community Development Director Bob Nicholson explained that the Sign Review Board met July 11. Haskell Homes would like to appeal the decision of the Sign Review Board

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to deny their request for a variance with regard to an off-premise sign. The applicant is requesting permission to relocate the sign from the north side of the street to the south side of the street. It is a real estate promotional sign for the project, but it is off-premise. The Sign Review Board denied the request based on the fact that off-premise signs have been prohibited for many years and they worried it would open up a precedent and allow more off-premise promotional signs. Where the sign is located now is illegal. The Sign Code says that a sign can be located on property which is part of a future phase of the project and owned by the developer. The property where the sign is now located has never been part of, nor would be part of a future phase, even though the property is owned by the developer. He did get a permit for the sign, though it was issued in error.

Council Member Orton inquired if the sign could be located on the developer?s property.

Mr. Nicholson replied that it could be. Gerry Brown owns the property on the south side of the street where the developer wants to locate the sign.

City Attorney Shawn Guzman advised that the landlocked little remnant piece where the sign is currently located is owned by Mr. Haskell, but it has never been part of the development. He advised that he has already had a phone call from another developer who wants permission for an off-premise sign, using this sign as an example of an off-premise sign in the City.

Council Member Gardner commented that this issue was discussed when Sun River wanted to move their sign close to the freeway, and there was hesitancy then to grant that request.

Gerry Brown advised that he would be happy to let the applicant locate the sign on his property, but someday it would have to be moved.

MOTION: A motion was made by Council Member Orton to deny the request and uphold the decision of the Sign Review Board.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Allen inquired if the sign would be visible from Dixie Drive if the applicant moved it onto his project property.

Council Member Whatcott replied that it would be visible until someone developed in front of it, but it would not be as visible to the eye.

Council Member Gardner stated he had a hard time saying it was an off-premise sign when the property was connected and owned by the same owner.

City Attorney Shawn Guzman replied that the City does not allow off-premise signs and this property is not connected to the development. This same request could cause a proliferation of signs in the Little Valley area. He stated that in his mind, people who are driving don?t distinguish who owns the property - they just see a lot of signs. The City Council has previously said they did not want to see a plethora of signs on every corner.

Mayor McArthur inquired how to distinguish if the property is contiguous or not.

City Attorney Shawn Guzman replied that staff has tried to make accommodations, and if the property is contiguous and part of the development, a sign is allowed.

Council Member Allen inquired if the applicant would be able to place a small sign on the road where people could see it.

Mr. Nicholson replied that there was no provision in the Code for off-premise signs.

City Manager Gary Esplin advised there was no provision in the Code for directional signs.


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

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

The motion carried.

Council Member Whatcott advised that the applicant does not own the property where he wants to now put his sign.

Community Development Director Bob Nicholson explained the Sign Review Board also had a request for a 50' pole sign for the Desert Palms spa. The Code says that where 70% of the street is zoned commercial, the Council can consider designating the street as a major commercial street. The Sign Review Board recommends designating 1160 South between Main Street and the I-15 freeway as a major commercial street, along with 1470 South, 1600 South and 1700 South between Hilton and Blackridge Drive, less the west 200' of each street as it elevates quite a bit as it intersects with Blackridge Drive. The height of any pole sign would be measured from the nearest freeway grade. Under the current Code, a 30' pole sign is allowed, or a 50' pole sign if within 1500' of a freeway interchange, which Desert Palms is. The applicant is fine with the measurement from the freeway grade.

Council Member Bunker expressed concern about the designation of more streets which would allow taller pole signs.

City Manager Gary Esplin advised that a new street is being built next to the freeway by Fiesta Fun to 400 East and will be eligible for 50' pole signs as it is within 1500' of the freeway.

Steve Davis from Rainbow Sign stated he felt the section where all the auto dealers are located should be a pole sign area.

Council Member Allen advised another area for pole signs will be added when the flyover of Dixie Drive is built.

Mr. Davis commented that the area around Desert Palms Spa is zoned 100% commercial. The pole sign would only be 41' feet tall as measured from the freeway, as the freeway is nine feet above grade.

Council Member Gardner commented he felt it was difficult to use the freeway as a benchmark, as all other measurements come from adjacent roads. In some cases a sign would appear higher than the freeway, and in other cases it would be lower, but at least there would be a benchmark from which to measure it.

City Attorney Shawn Guzman advised the Sign Review Board felt that 50' pole signs are for freeway visibility, and therefore they should be measured from the grade of the freeway and not the roadway.

Rob Graham, one of the owners of Desert Palms Spa, advised that he struggled with measuring the elevation according to the freeway because it varies. He stated he was hoping to get a 50' tall sign similar to those of the car dealerships.

Council Member Whatcott commented that the car dealerships are located on designated major commercial roadways.




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August 16, 2007
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Community Development Director Bob Nicholson explained that in order to have a 50' tall pole sign, it has to be located within 1500' of the freeway and on a street designated as a major commercial street.

Council Member Gardner commented if the City allowed 50' pole signs for the car dealers in this area, he did not see how this applicant could be denied and that it was a fairness issue.

Council Member Whatcott replied that the street would have to justify designation as a major commercial street, and it is not a major commercial street.

Council Member Gardner commented the intent is beyond the language in the ordinance. The area is commercial and bordered on both sides with commercial. He stated it would

be hard to be preferential to one who borders Hilton and not to one who is located back off Hilton.

Council Member Orton commented he was not ready to vote and wanted to meet with the Sign Review Board first and look at all the areas where there will be new off-ramps.

Council Member Gardner commented that a 50' tall sign is not very high in a commercial area.

MOTION: A motion was made by Council Member Orton to table the matter to a work meeting agenda.
SECOND: The motion was seconded by Council Member Allen.

City Manager Gary Esplin advised it could be placed on the August 30 agenda.

Council Member Orton requested to see all the streets where pole signs could be located and where new interchanges will be located.

Mr. Davis advised that his customer has been waiting, and inquired if the City Council could make a determination with regard to the Desert Palms road.

Mayor McArthur replied this was one of the issues to be discussed at the work meeting.

Mr. Davis advised he felt the Sign Review Committee had already made that decision when they approved locating pole signs 1500' around a freeway exit. He stated that Desert Palms was a prime business located well within 1500' of the freeway and is being denied because the City is looking at other roads.

City Manager Gary Esplin replied that the City Council is not denying anything, and the ordinance says that the Council can consider the request. It is not mandatory that they allow it.

Mayor McArthur commented that the City Council was considering the request.

Mr. Davis commented that the ordinance contradicts itself.


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Council Member Gardner commented he was prepared to move forward.

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

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

The motion carried.

Mayor McArthur called for a five minute break.

CONDITIONAL USE PERMIT/HILLSIDE DEVELOPMENT PERMIT/DEVELOPMENT AGREEMENT:
Consider approval of a conditional use permit for storage units at 700 South and Bluff Street in excess of 35' in height with an office and caretaker?s residence, a hillside development permit, and a development agreement regarding the installation of improvements for the project. Dennis Lyman, applicant.

City Manager Gary Esplin advised that any building in excess of 35' in height requires a variance. The applicant is also requesting a caretaker unit. This item was tabled from the last meeting in order to have a field trip.

Gary Kuhlmann, representing the applicant, advised that additional balloons were put up. After the meeting, the architect redesigned the roofline to meet drainage requirements, so the balloons were placed at the new building height, which is a foot and a half lower than where it was before. With regard to the hillside permit, seven months ago the Hillside Review Board approved the request with conditions. One of the issues was that the hillside be cleaned up. The effect of reducing the building height is the average height of the building is now 33'. The easterly elevation is the highest point at 50.5' measured to the baseline down below. From north to south, there is very little visibility. The landscaping is proposed to be upscale from what is required for the east elevation to minimize the impact. With regard to the development agreement and the delay in bringing it to the Council, the Planning Commission recommended approval of both the height and hillside permit many months ago. There were issues as to what public improvements had to be put in, and initially the applicant was told to install a 66' street with curb, gutter and sidewalk. However, there is no access off that street and it is not needed. He advised that he and the City Attorney engaged in many months of negotiations to finally come to an arrangement, which is reflected in the development agreement. The applicant is agreeing to put in some improvements and dedicate the full width of the road.

Council Member Allen commented that she did a drive-by of the applicant?s storage units in Jackson, Wyoming, which are located three miles out of town in an unpopulated area, and not within Jackson itself. Pictures of the facility were shown.



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City Attorney Shawn Guzman advised there is the issue of the caretaker unit as well. A caretaker unit in the ordinance has always been interpreted to mean for a full-time employee taking care of the units. The proposed unit is 4000 sq. ft. which seems excessive for a caretaker. The applicant wants to reside there part time.

Community Development Director Bob Nicholson advised that the City does not get requests for a caretaker unit very often, and there is not a limit on the maximum size in the Code. Size has never been defined in the past, but they have always been small units.

Council Member Gardner inquired why the size of the unit was an issue.

Council Member Orton replied that 20 years down the road the unit could be turned into an apartment to house a number of people. A 4000 sq. ft. caretaker unit is excessive for a storage unit project.

Council Member Whatcott commented that if the use was truly a business, it would be hard to justify a 4000 sq. ft. caretaker unit because the owner would want to maximize the space for business use. He inquired what would happen when the property was sold and if the next City Council would then have to deal with someone who wants to change the use to mixed use rather than calling it a caretaker unit.

Council Member Gardner commented that the City Council has been talking about trying to locate residential on top of commercial, and to him the only issue is the height variance. The use is a permitted use.

Council Member Bunker commented that while the facility is nice as far as storage units go, this location is not best for the City. The facility would be nice in an industrial park rather than on Bluff Street. She advised that from the freeway she could see the balloons clearly. She stated the City has several landmarks that are important, and as people come through the City from the south, the view is magnificent. She stated she would hate to have a monument to storage, even though it might have trees in front of it.

Gary Kuhlmann commented that any applicant is bound by the ordinance. There is no maximum limitation on the size of caretaker units and no requirement that a caretaker has to reside there for any amount of time; whether full time or part time, what is proposed is within the ordinance. The Lymans will manage the facility. What happens in the future happens with any building. The unit cannot be rented out as an apartment because that would not be a qualified use. If someone wants to change the use, they would have to come to the City Council for approval. As far as the caretaker residence, the qualifications under the ordinance have been met. As far as landmarks, there are buildings against hills everywhere, and the applicant has made an attempt to tuck the building away with some floors underground. The office buildings by Blackridge Drive are prominent. The City Council has done well in preserving historical sites and they can still be seen.

Council Member Bunker commented that the proposed building is huge and much larger than the three office buildings near Blackridge Drive.


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City Attorney Shawn Guzman commented that as far as the ordinance, the City Council is free to decide what caretaker means, and it has always interpreted it to mean having someone on the premises 24/7. That is the idea behind a caretaker residence. To say there is not a square footage requirement does not preclude the City Council from saying they think it is too large or too small. They have the ability to look at it and say it is more than what a caretaker unit should be, and they can expect it to be occupied by an employee full time. The fact that there is not a square footage cap does not prohibit them from taking a look at it.

Council Member Allen advised she has had a lot of people contact her concerned about the size the building as they drive west up 700 South. If the building were two stories and more in line with the surgical center, they would feel more comfortable. The size made them uncomfortable and is not something they want to see on the hillside.

City Manager Gary Esplin commented there were three issues. Storage units are allowed in the C-3 zone. The issue is not whether the facility can be storage units; it is only the height variance, the hillside permit, and the development agreement.

Council Member Bunker commented she was not against having storage units, but just not so massive.

City Manager Gary Esplin advised that the size of any building in excess of 20,000 sq. ft. requires Council approval.

Planner Ray Snyder advised that the conditional use permit ordinance allows a maximum building height of 35', and requires a building site plan and elevations if the footprint is over 20,000 sq. ft. The City Council can look at access, parking lots, landscaping, facade, color, etc.

MOTION: A motion to deny the request was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Gary Kuhlmann requested clarification, as there were three matters for consideration before the City Council.

Council Member Gardner clarified that his motion was to deny the height variance, however, he did not know how an elevation could be approved without an adjusted plan to look at.

Mr. Kuhlmann inquired about the hillside permit.

City Attorney Shawn Guzman commented that the City Council would still have to deal with the elevations of a building over 20,000 sq. ft. He inquired if the applicant was going to come back with a different rendering to show what the new building would look like.

Council Member Gardner commented he had no problem with the hillside permit.



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August 16, 2007
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City Attorney Shawn Guzman clarified that the denial was of the conditional use permit for height. The City Council could address the hillside permit because lowering the building would not change the Hillside Board?s recommendations, and the development agreement deals only with roadway issues. The City Council can look at the development agreement as well. However, there is still an issue with a building over 20,000 sq. ft. and the need for a rendering showing what the building will look like. There has been no denial of the project itself.

City Manager Gary Esplin commented that the applicant can come back with the same project, just no higher than 35'.

MOTION: A motion was made by Council Member Orton to table the hillside permit and development agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENTS:
Consider approval of agreements for the interchange and Southern Parkway.

City Manager Gary Esplin commented there has been a lot of discussion about benefits and who gets and what and who paid their fair share. There are two agreements. The first one is between the City and UDOT and SITLA which spells out what the parties will do in construction of the interchange and southern corridor. All parties are in agreement. The second agreement is between the City and SITLA and defines what each party will do. Salient points are that SITLA agrees to contribute $4 million dollars to the City which the City can spend on any transportation project between the interchange and the airport. SITLA is also contributing use of material from their site to help reduce the cost of the interchange and roadway construction. This also makes their property more useable. They are also building the extension of River Road and the realignment of River Road at their cost and connecting it to the southern corridor and providing easements and a site for a water tank. They are also helping with engineering costs in the amount of $200,000 for design of the road from River Road to the airport. In exchange, the City
will give SITLA or their assigned representative $5.5 million dollars in impact fee credits.
UDOT will give the City $2.5 million dollars towards this use, and the net effect to the City is $3 million dollars in impact fee credits. Even though the City has hesitated in doing this in the past, it has allowed it, and staff feels it will help get the road built. This also satisfies SITLA?s requirement that they be compensated with fair market value for properties they are giving up. Through this agreement, a four lane road will be built, an interchange, and a two lane road. The only caveat is that it is unclear in the agreement when the state takes over responsibility of the road, including maintenance. Dal Hawkes indicated he felt that when the road is completed from the interchange to the airport access road, the state would assume responsibility of the road. With that, Mr. Esplin stated he felt good about moving forward with the agreement. Bids are being sought now, and Wadsworth has been selected as the construction manager. Construction should begin by October. The state also says that it will take responsibility for the welcome center. Mr. Esplin stated he felt the agreement is workable, with the City?s match at $6.5 to $7 million dollars in addition to impact fee credits which will be matched to federal funds.. The total cost of the road to the airport is $53 million dollars.

Council Member Orton inquired if any other cities were working on the road.

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August 16, 2007
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Mr. Esplin replied that the state has $50 million allocated for use on the southern corridor, but the majority will be used to complete the road to the airport. To his knowledge the state has not been negotiating with any city to get the road built through to Hurricane.

MOTION: A motion was made by Council Member Gardner to approve both agreements.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of a real estate purchase agreement with J. Kelly Klein and GO Real Estate, Inc. for purchase of 17.24 acres at the Replacement Airport.

City Manager Gary Esplin explained that this is the first significant purchase of property for the new airport the City has been able to make, but there are other offers on the table. The City?s cost is $57,700 and has been approved by the FAA less their appraisal.

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

APPOINTMENT OF POLLWORKERS:
Appointment of poll workers for the primary and general elections.

City Recorder Gay Cragun advised that Jesse Prisbrey?s name has been added to the list.

MOTION: A motion was made by Council Member Gardner to appoint the pollworkers as recommended.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRESENTATION:
Georgia Gilmore, representing Mothers Against Identity Destruction, advised there is a great problem with children?s social security numbers being stolen. Their goal is to educate the community and have employers be accountable for checking social security numbers because identity theft is so prevalent. She advised her group is willing to work with anyone who will help them get their information out to the public.

Mayor McArthur advised that adults? identities can also be stolen. He advised he was asked to speak on the Mayor?s Forum about the subject and ask the Attorney General and Federal Attorney to speak on the issue at the Dixie Center. He advised that if someone?s identity is stolen, they can go the Attorney Genera?s web site to report it and begin the process to get their identity back, but it is a lengthy process.

Linda Kramer, representing Mothers Against Identity Destruction, advised that Good Houskeeping magazine reports that Utah is one of the main places children?s identities are taken.


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August 16, 2007
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Larry Morrison, representing Mothers Against Identity Destruction, advised that illegal aliens are a major source of the problem.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held July 19, 2007.

MOTION: A motion was made by Council Member Bunker to approve the minutes.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held August 2, 2007.

MOTION: A motion was made by Council Member Orton to approve the minutes.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried
ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Allen to adjourn to an executive session to discuss litigation.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

The executive session convened in the Administration Conference Room.

RECONVENE:
MOTION: A motion was made by Council Member Whatcott to reconvene.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS DISCUSSIONS:
Council Member Orton reported on a recent Solid Waste meeting.

City Manager Gary Esplin advised that the City has received a request from Terry Monson for help with the Dixie Downs project. He asked for $250,000 in improvement costs, waiver of building permit fees and help with dump fees. The new affordable housing project will consist of 21 units in the $150,000-$160,000 price range. The City must do something soon with $270,000 set aside from the EDAs for attainable housing. Mr. Esplin stated he told Mr. Monson the City would have to open it up and take proposals. The City will need to do deed restrictions to keep the units affordable if they want the City to help with improvement costs.

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August 16, 2007
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City Manager Gary Esplin advised that outside agencies are actively recruiting St. George police officers. He recommended a change in the on-call program, institution of a City-wide shift differential program, and increased pay for those who speak a second language.

Council Member Allen advised a national company wants to make a presentation on recycling. She was advised to have them meet with Marc Mortensen.

Council Member Allen advised the hospital is anxious to form a group to administer the housing project.

Council Member Allen inquired about the tamaracks which were bulldozed in the Bloomington area. She as advised that a presentation on revegetation will be made soon.

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



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Gay Cragun, City Recorder