City Council Minutes

Thursday, January 24,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 24, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Gloria Shakespeare
Council Member Jon Pike
Council Member Gil Almquist
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 in attendance. The pledge of allegiance was led by Council Member Jon Pike and Mayor McArthur offered the invocation.

Mayor McArthur advised that the State Legislature began meeting on Monday and he explained several of the bills that the City was following.

APPROVE CHANGE ORDER:
Consider approval of a change order to the Tonaquint Drive construction contract.

Purchasing Manager Connie Hood recommended approval of a change order in the amount of $320,302 to the contract with Sunroc for additional pavement requirements not in the original contract.

Budget and Financial Planning Manager Deanna Brklacich explained that the new roundabout will not be needed due to the relocation and realignment of Dixie Drive. $400,000 was budgeted for the roundabout from the Transportation Improvement Fund.

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

APPROVE CHANGE ORDER:
Consider approval of a change order for the airport water line.

Purchasing Manager Connie Hood recommended approval of a change order to the wastewater line contract with Alliance in the amount of $101,102.11.

Water Services Director Barry Barnum explained that Alliance was given the original contract to design a sewer line up to a certain point, and Horrocks was given a contract to design an internal sewer line to hook to the line designed by Alliance, but for some reason a 6,670' section of line was eliminated from the design contract with Horrocks.

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

AWARD OF BID:
Consider award of bid for a swivel vac system for the Water Department.

Purchasing Manager Connie Hood explained this item aids in turning frozen or corroded valves on and off. She recommended award of the bid in the amount of $43,997 to Intermountain Sales.

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


APPROVAL OF CHANGE ORDER:
Consider approval of a change order to the blanket purchase order with Western Rock for cold mix.
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Purchasing Manager Connie Hood explained that there have been a lot of unexpected emergencies in the Streets Department, Wastewater Department, and other departments, and in order to have enough cold mix to cover the remainder of the fiscal year, it is recommended that $100,000 be approved to cover the City?s needs for the next five months. This amount will be split between the different departments using the cold mix. The amount is for material only.

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

APPROVAL OF CONTRACT AMENDMENT:
Consider approval of an amendment to the engineering contract with PBS&J at the Replacement Airport.

Purchasing Manager Connie Hood explained that first phase costs exceeded available funds, therefore documents have to be redone and specification packages reissued to cover drainage work, in the amount of $280,000.

Budget and Financial Planning Manager Deanna Brklacich explained that as more is being known about revenues coming in, staff is trying to do a re-analysis of the construction budget and has asked PBS&J to look at an alternative budget.

Mayor McArthur explained the City is simply prioritizing the work needed and this is the cost to do that.

Airport Manager Mike LaPier explained that the design has been completed but the budget numbers came in differently than the projects. Staff asked PBS&J to give the City some flexibility to accept alternatives and options for increased work which will ultimately be needed, but not at the time of the airport opening. 95% of the cost is reimbursable from the FAA.

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

Council Member Almquist inquired if there was a mechanism to guarantee that all contractors who do work for the City have certified payrolls and are following the I-9 process. To honor public opinion, the City should make sure their payrolls are certified.

City Attorney Shawn Guzman replied that there are laws requiring them to verify social security numbers and to make sure everyone is properly documented. The City could begin inserting into its contracts a requirement that the contractor certify they are following federal hiring law so that they take it seriously.

Council Member Almquist replied that he would appreciate this being applied in the City.

City Attorney Shawn Guzman replied that he would draft certification language for the Council?s review.

Budget and Financial Planning Manager Deanna Brklacich advised that the Purchasing Division is in the process of reviewing its policies and procedures and has a good example of the verbage to insert into contracts. The language states that contractors will follow the Immigration Reform Act requirements.

Mayor McArthur invited a Scout in the audience to introduce himself.

APPROVAL OF LEASE:
Consider approval of the renewal of the FAA ground lease for a 7' x 9' office in the St. George Municipal Airport terminal building.

Budget and Financial Planning Manager Deanna Brklacich explained the lease rate will be $120 per year and the current lease expires December 31, 2008.


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Airport Manager Mike LaPier explained the lease rate is the same rate charged in the past with a small adjustment.

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

APPROVAL OF LEASE:
Consider approval of a non-commercial airport property lease with Amicorp Enterprises, Inc.

Budget and Financial Planning Manager Deanna Brklacich explained the lease is a three year lease ending December 31, 2010. The lease contains a clause allowing it to be terminated when the airport is moved to its new location.

Airport Manager Mike LaPier advised that this is a renewal of an existing lease.

MOTION: A motion was made by Council Member Bunker to approve the lease.
SECOND: The motion was seconded by Council Member Shakespeare.

Mayor McArthur clarified that any approval is subject to legal review.

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

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held January 22, 2008, recommended public hearings be scheduled for February 7, 2008 to consider approval of four preliminary plats: Blue Heron Run, Clear Creek Ranch Phase 2, Beveridge Parcel, and a minor subdivision located at 720 South Indian Hills Drive.

Mr. Nicholson advised the Planning Commission also recommended that public hearings be scheduled for February 21, 2008 to consider (1) a zone change from A-1 to RE-37.5 on 7.38 acres located at 3670 South Little Valley Road, (2) a zone change from R-1-6 and R-1-10 to PD-AP on 3.877 acres located at 2200 East Riverside Drive, and (3) an amendment to the St. George City Code to define circumstances in which churches would be permitted in residential zones.

MOTION: A motion was made by Council Member Allen to set the public hearings as recommended.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Almquist inquired about the definition of ?church?.

Council Member Bunker suggested that perhaps the State has a definition for tax status reasons.

City Attorney Shawn Guzman replied that he would look into it.

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

APPROVAL OF FINAL PLAT:
Todd Jacobson advised the Planning Commission recommended approval of the final plat for Tonaquint Heights Phase 1 with 23 residential lots located at 1200 West and 2600 South.

MOTION: A motion was made by Council Member Allen to approve the final plat and authorize the Mayor to sign it.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit to operate a child day care for up to 16 children in a home at 2497 East 2220 South. Mr. and Mrs. Nordenstrom, applicants.

City Planner Ray Snyder displayed site maps and advised that the Planning Commission recommends approval.

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Council Member Shakespeare inquired about the ratio of adults to children required by the state.

Mr. Snyder replied that he did not know, but the applicants are also obtaining a state license. The Planning Commission recommends approval subject to a maximum of 16 children, a final fire inspection, and working with t he neighborhood to mitigate any drop off and pick up issues, as well as noise issues, etc. The children will be from three months to five years old. No complaints have been expressed by neighbors.

Council Member Shakespeare inquired if periodic inspections of the home would be made.

Mr. Snyder replied the state is responsible for ongoing inspections. The Fire Chief does have a question about the application.

Council Member Shakespeare commented that 16 children under the age of five years is a lot for two adults to care for.

Council Member Bunker commented she had the same concern. She inquired about the safety of the swimming pool fence and if the Fire Chief would inspect it.

Mr. Snyder advised the Fire Chief asked about the swimming pool fence today. There is no gate in the swimming pool fence.

City Attorney Shawn Guzman commented the fence should be inspected to make sure it is up to code.

Council Member Almquist commented that the fence is sturdy and cannot be pushed over.

City Attorney Shawn Guzman advised that the City?s building officials should inspect the fence.

MOTION: A motion was made by Council Member Allen to approve the conditional use permit subject to the pool fence passing inspection, final inspection and approval by the Fire Department, and subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Pike.

Council Member Bunker again expressed concern that there were too many children for too few adults.

City Attorney Shawn Guzman advised that the City Council has the discretion to limit the number of children, as it has done in the past.

Council Member Shakespeare commented she would be more comfortable if there were not so many children under the age of five.

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

Council Member Almquist - aye
Council Member Allen - aye
Council Member Pike - aye
Council Member Bunker - no
Council Member Shakespeare - no

The motion passed.

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit to construct a three story office building with a height up to 48'4" located at approximately 501 North Bluff Street in a C-3 zone. Jason Vowell, applicant.

City Planner Ray Snyder explained a zone change and hillside development permit have previously been approved for this property. The project requires a conditional use permit because the building exceeds 35' in height. Nearby residents do not like the yellow color of the building. Mr. Snyder displayed a materials board. Mr. Snyder explained the City Council has the authority to review aesthetics as part of a conditional use permit.


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Mayor McArthur commented that the color makes a lot of difference on a building of this size. He stated he felt the color looked out of place on so large of a building.

Mr. Snyder advised the Planning Commission liked the building, but not the color. The applicant has submitted a rebuttal showing why the color is appropriate.

Council Member Allen pointed out that the yellow is broken up by other colors.

Council Member Almquist advised that the Planning Commission did not have a problem with that particular color, but the application of it over a majority of the building as it becomes the dominant color instead of an accent color.

Mr. Snyder explained the building has a maximum peak height of 51'3" and is 48'4" to the mid point of the roof. The average roof height is 41.58 feet. The height is measured from the grade in front and from the grade of the flat ground behind it.

Mayor McArthur stated that actually the building is 41' above the natural grade and from the curb on Bluff will be 55' or 56' tall.

Jeremy Call, representing the applicant, advised they did not want the retail building to blend into the background. The owner would like the yellow color, but would be happy to tone it down a bit, but does not want a pale color as it would appear white and reflect more light.

Mayor McArthur commented in his opinion the proposed color was not an earth tone.

Mr. Call replied that he could find a rock or dirt that matched.

Council Member Almquist advised that quality service and products will attract customers, not the color of the building.

MOTION: A motion was made by Council Member Shakespeare to approve the conditional use permit subject to the applicant bringing in another color scheme to look at.

Mayor McArthur advised the matter could be tabled until additional information is obtained.

Mr. Call inquired if the City Council would approve the conditional use permit based on Council approval of the color.

City Attorney Shawn Guzman advised that if the applicant is willing to come back with different colors within a time certain, the City Council can approve it.

SECOND: The motion was seconded by Council Member Bunker.

Mr. Call advised that within 60 days the applicant will submit a different color scheme.

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

Council Member Almquist inquired why the street trees in front of Executive Car Sales were removed.

City Attorney Shawn Guzman advised he would have Code Enforcement Officers look at this.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for the Views at Stone Mountain Phase 2 with 31 single family lots located at 1450 South 2798 East. Darren Hensley, applicant.

City Planner John Willis displayed a map of the site. He advised the site is zoned R-1-10 and consists of 16.25 acres with 31 lots for a density of 1.91 units per acre. Lot sizes range from 10,232 to 39,097 sq. ft. Streets are 50' wide and public. All lots will be some sort of walk-up or walk-out to reduce the amount of retaining walls. The project is being built to the contours of the land, even through there will still be some retaining walls. A hillside development permit is also needed. The Planning Commission recommends approval.




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Council Member Almquist commented that previous questions with regard to the southeast corner appear to be resolved with this plan, however, he inquired about a decision on the roadway by the main entrance and the street alignment to the north.

Carl Rasmussen, Pro Value Engineering, representing the applicant, advised there will be a 1:1 slope with rock treatment. He explained they decided to do a 1:1 stack of rocks to fit the contour of the existing land.

Mayor McArthur opened the public hearing.

Kristy Lovell advised her parents own property in the middle of the second phase. The applicants have provided access to the top of her parents? property but not to the bottom. She read a letter from her parents expressing concern with no access off 1450 South. She requested that the second phase not be approved until her parents have access from 1450 South.

City Attorney Shawn Guzman advised the City can require the applicants to provide access.

Mr. Rasmussen advised the applicant lost a lot accommodating access to the top portion of the Schmutz?s property. There is no requirement that they provide an additional access to the bottom portion of the property.

Council Member Pike inquired of Mr. Rasmussen if the applicant could consider providing a second access.

Darren Hensley, applicant, replied that they are required to provide one access only, and worked with staff to modify their plans multiple times to provide that access. There is no requirement for a second access, and it would not be possible from Phase Two due to the steep slope. Access through Phase One would be the only possibility but it would still be difficult. The Schmutz?s would have to provide engineering and a plan and then they would be willing to work something out if it was viable. Phase One, however, is complete and has been recorded and should not affect Phase Two. An access from Phase One would have to make sense for the project, comply with its CC&Rs, and be reasonable and practical. Mr. Hensley explained that access for Phase One had to line up with existing roads and the intersection. He explained that he provided access to the top portion of the Schmutz?s property without participation from them, and put in the full road width, curb, gutter and sidewalk and lost a lot. In order for them to work with the Schmutzs, the Schmutzs have to work with them.

Council Member Almquist suggested that a private entrance could be located on Lot 1 where there is a sales trailer.

Mr. Call replied that it is too close to the road.

Council Member Almquist replied that it could still be a private driveway entrance. If the applicant gave the Schmutzs this little piece and made it a part of their lot, this would solve the problem by providing them access off a private drive.

Mr. Call replied that putting in a road would be pretty difficult, but they would look at it. Perhaps a property trade could be made with the Schmutzs, but the applicant would lose money if he had to cut in a driveway access and lose common area which has already been landscaped.

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

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat subject to the recommendations of the Planning Commission, staff, and the Hillside Review Board.
SECOND: The motion was seconded by Council Member Allen.

Council Member Almquist inquired why the road had to be 66' wide.

Mr. Rasmussen replied that road going south of 1450 South is master planned at 66'. They worked with staff to reduce it to 60', and then to 50'. If the City wants the road reduced to 60', they would be glad to do so.



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Jay Sandberg explained the road is master planned at 66'. Staff felt it needed to be reduced and mitigated, but it needs to be 66' at the intersection for turning movement and to match the street on the other side. After that, it can be reduced to 60'.

AMENDED MOTION: An amended motion was made by Council Member Bunker to leave the road width at 66' at the intersection and then reduce after that, and to work with the applicants to narrow the roadway to minimize the cut.
SECOND: The motion was seconded by Council Member Allen.

City Attorney Shawn Guzman clarified the motion is to work with staff to narrow the roadway to minimize the cut, but leaving the road width at 66' at the intersection, then reducing it to 60', then reducing it to 50' to minimize the cut.

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

Mayor McArthur called for a break. Upon conclusion of the break, the meeting resumed.

City Manager Gary Esplin arrived.

HILLSIDE DEVELOPMENT PERMIT:
City Planner John Willis explained the request for a hillside development permit for The Views at Stone Point Phase 2 & 3 located off of 1450 South and adjacent to The Views at Stone Mountain Phase 1. Darren Hensley is the applicant. The applicant proposes to construct 76 single family units on 39.68 acres. The City Council just now approved the preliminary plat. The hillside permit is for Phases 2 and 3.

MOTION: A motion was made by Council Member Pike to approve the hillside development permit subject to the recommendations of the Hillside Review Board and staff.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for The Ledges Phase 11 with 40 single family lots located south of Silver Cloud Drive and west of Highway U-18. Randy Freston, applicant.

Jay Sandberg explained the project site is located on the west side of U-18 and contains private roads. The original layout for The Ledges and PD text shows the road continuing across a large gorge. As staff looked at this, they are concerned that there will have to be quite a bit of fill and will result in a scar, so they are weighing that against the need for circulation. There is a golf cart path and future access to a possible hotel site to the south. Right now 40 lots access on Silver Cloud Drive. The lots average just over one acre in size. The applicant is not planning on mass grading the site, but each unit site will be matched to the contours of the property and to the architecture of the home. The Ledges has a good track record and have done a good job. The rock outcropping area will be preserved. With regard to the view from Snow Canyon State Park, the homes will be hidden by a large ridge and will only be visible from the south end of the Park by the entrance.

Mayor McArthur advised there is an agreement with the Park that only single level homes will be built. A walkout basement from the street side is considered a single level.

Mr. Sandberg commented that the homes are built according to the contours of the land. There are some walkout basements but the developer has been sensitive to the Park.

Council Member Shakespeare commented that in 2004 the developers said they would take the back 30 feet off each acre lot for an equestrian trail. She also inquired about use of reuse water to water the golf course.

City Manager Gary Esplin advised the reuse system has not yet been connected, but the City is working with them to get a final connection by The Cliffs.

Jay Sandberg advised that equestrian trails have been approved only at the very southwest portion of the development.


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Council Member Shakespeare requested a copy of the agreement between Snow Canyon State Park and the developers.

Jay Sandberg explained that the developers spent quite a bit of time adjusting the boundaries with State Parks before they ever came to the City. They did a good job of adjusting the boundaries to minimize the view from the Park.

City Manager Gary Esplin advised that the original property owners could have done a lot more development than is currently being done, but they have protected views from the Park and have met all conditions of the agreement with the Park.

Hans Kuhni, representing The Ledges, advised he and Randy Freston were present to answer any questions.

Mayor McArthur opened the public hearing.

David Lundberg stated at the time of the zone change, Randy Deschamps said it would not be possible to see any buildings from the floor of the valley, but some are visible. The General Plan says that any development on the west side of U-18 should be set back far enough from the ridge line so as not to be visible from the Snow Canyon State Park valley floor. He suggested halting any further development or zone changes until amends are made.

Larry Gardner advised that for 14 years he sat on the City Council and had to excuse himself from discussions every time The Ledges was discussed because of a conflict of interest as his family is the original property owner. He explained the history of negotiations with the State Park for a property trade to protect the views from the valley floor, and the agreement has been upheld. State Parks set the boundary on top for development, not his family nor The Ledges, and the Ledges should not be penalized. The term ?valley floor? refers to the view from the Galoot Campground. The agreement between the Park and his family is a private document, but he would be happy to share it. When The Ledges purchased the property from his family, they insisted that elements of the agreement be implemented in The Ledges? CC&Rs, and they are the most restrictive of any in the City. The height limitation is 20' - City Code is 35'. Colors are limited, as well as type of materials, lighting, etc. The agreement applied to just a little triangular piece of property on the north end, but The Ledges has placed it over the entire project as a guiding document in its CC&Rs.

Mayor McArthur advised that the agreement states that in order to protect the viewshed and night sky of the Park, buildings cannot be located any closer than 300' to the Park boundary, and The Ledges is abiding by this agreement.

Council Member Shakespeare suggested a field trip be taken to the site.

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

City Manager Gary Esplin commented there were time-sensitive issues involved. The applicant has gone through all processes and abided by all rules. A field trip should be made, but it should not interfere with consideration of the preliminary plat. According to staff review, the plat meets all requirements.

Council Member Bunker advised she went to the site and all her concerns were satisfied.

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

A field trip will be scheduled within the next few weeks.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from PD Residential to Manufacturing M-1 on two acres located at 3657 South River Road. Sun Roc Corp., applicant.

Community Development Director Bob Nichoolson displayed a map of the site. The applicant proposes to purchase two acres from State Trust Lands and zone it for M-1 use. The request has been approved by both the Planning Commission and Hillside Review Board. The applicants propose to use the property for block storage. No structures are planned. Most of the property will be graded, but not all of it.

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Mayor McArthur commented the site is not conducive to residential zoning. He then opened the public hearing. There being no public comment, he closed the public hearing.

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

Council Member Pike - aye
Council Member Allen - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

EXTENSION OF PD ZONE:
Consider approval of a request for an extension of the PD zone for the Trails project located on Highway U-18 north of the City.

Community Development Director Bob Nicholson explained that in order to extend a PD zone, an applicant has to obtain a building permit within 18 months of the zone change or it reverts back to the original zone. The applicants have not obtained a building permit, but they have started the project by building caissons along U-18. Staff feels they have met the intent of the code.

City Manager Gary Esplin advised the applicants have spent a lot of money getting ready to begin the project, but would like to wait out the market before beginning. Staff supports the extension.

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

APPROVAL OF BUILDING DESIGN AND CONCEPTUAL SITE PLAN:
Consider approval of a building design and conceptual site plan for a proposed storage building with a ground floor area exceeding 20,000 sq. ft. at 700 South Bluff Street. Dennis Lyman, applicant.

City Planner Ray Snyder explained the applicant proposes a five level storage facility. He displayed pictures of the site. The applicant has lowered the building to 34.81 feet in height.
Zoning is C-3 which allows a storage facility. The building footprint is 25,609 sq. ft. which is why it is being reviewed. Current City Code does not have a provision for parking for storage facilities. The facility will include an office and residence. The applicant proposes 17 parking spaces with 24/7 access. The site plan meets landscaping and setback requirements. He reviewed the history of the project. He advised that since the project applicant, the City has adopted a new ordinance with regard to review of site plans and building design.

City Manager Gary Esplin advised that only the four factors existing at the time the application for this project was made can be considered.

Mayor McArthur clarified the project is being reviewed because it exceeds allowed square footage, and because of its location and prominent view.

City Manager Gary Esplin explained parking standards for storage facilities have not been spelled out in the ordinance, and what the applicant is offering is more than what may be required. This use is allowed in a C-3 zone. The City Council can only consider the layout, parking, trees, landscaping, soil conditions of the hillside, access from 700 South, colors and building design.

Mr. Snyder presented a fly-by of the project.

City Attorney Shawn Guzman advised that the proposal notes 29 parking spaces, not 17.

Gary Kuhlmann, representing the applicant, advised it would be illegal to consider application of the City?s new ordinance with regard to this request. Only the ordinance in place at the

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time the application was made can be considered. If the project meets the ordinance then in place, the City Council has no choice but to approve it. Height is not an issue. He asked that the hillside development permit also be considered at this meeting. The Planning Commission recommended approval of the previous building. The applicant lowered the building - the site remains the same except for the elevation and architectural features. The City Council must determine if the desired objectives of the site plan have been met. With regard to vehicle access and parking, there are no standards for storage units. The City can take into account uses with regard to non-residential parking.

Mayor McArthur commented that parking requirements would not be met if the building changed uses at some time in the future.

Mr. Kuhlmann replied that there are 29 parking spaces. Access is off 700 South. There are internal parking areas, and as far as parking and access, the applicant has met all requirements set out in the ordinance. Shade trees and islands are broken up with landscaping and the applicant is adding twice as much landscaping as required and will provide a great reduction to the impact of the building looking up from 700 South.

City Manager Gary Esplin inquired about the size and caliper of the trees which will be used.

Jerry Minich, architect, advised that 36" box trees will be used at the entrance, with the rest of the trees being 24" and 14 gallon plants. There are 21 trees.

Council Member Almquist commented that a 36" box usually contains a 5"-6" caliper tree.

Mr. Minich advised that Mondale pines will be used.

Council Member Almquist replied that significant improvement to the soil will have to be made.

A discussion took place with regard to the building facade.

Mr. Minich advised that there could be no other use for the building as all walls are metal bearing from the ground floor to the roof. It will be a metal building with pre-insulated panels. He said he did not care about the color. There will be some tan plaster and glass or metal to represent windows. There will be red metal doors. Three floors of the building will be air-conditioned and two will not be air conditioned. The residence is 3500 sq. ft. and the owner will live there and manage the facility.

City Attorney Shawn Guzman advised he visited with Mr. Kuhlmann and the applicant will commit to a 24/7 caretaker residence - not a part-time residence for the applicant.

Gary Kuhlmann advised the Lymans intend to live there and manage the facility. Mrs. Lyman?s mother also lives with them and that is why a larger unit is needed. The applicants will occasionally go on vacation, but they will not rent it out.

Mr. Minich advised there would not be any elevators as every storage unit is floor accessible. The road around the facility is two lanes and 25' in width.

Council Member Pike inquired about the exterior materials.

Mr. Minich replied there will be tan stucco with metal panels.

Council Member Pike commented that not all metal panels are created equally. He expressed concern because so much of the exterior was metal panels.

Mr. Minich replied that metal panels come in a plaster finish which will not change color or fade.

Gary Kuhlmann advised that at the applicant?s 1000 unit storage facility in Jackson last summer, there were 110 trips in a 24 hour period. This facility will have 700-750 units.

City Manager Gary Esplin inquired how management would keep people from living in the units since they are air conditioned.




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Mr. Lyman replied that he has been in business since the early 70's, and he will walk around the units daily and people living in the units will be asked to leave. There will also be cameras.

Council Member Almquist suggested that landscaping north of the medical building would help to hide the scars on the hillside. He advised that trees in 30" boxes are often just as large as 36" box trees and therefore more could be used.

Mr. Minich replied that more trees could be used if necessary as long as it did not impede the project.

Council Member Almquist advised the City Council is not trying to design the landscaping, but 17 36" box trees is not necessarily enough.

Mr. Minich advised that his intention is to buffer the front of the building.

Council Member Bunker inquired if a sage green color could be used instead of rust.

Mr. Minich replied this would be fine.

City Manager Gary Esplin advised that action on the hillside development permit could be taken at this meeting because it came with a recommendation from the Planning Commission with the original application.

The six Hillside Board recommendations were read into the record:

1. Only previously disturbed hillside areas may be developed per submitted plan; no more hillside excavation shall be permitted excepting approximately two feet at toe of hill for clean-up.
2. An orange perimeter barricade/fence shall be installed.
3. The applicant shall adhere to the approved geotechnical report and ongoing geotechnical monitoring shall occur.
4. All drainage issues shall be addressed to the satisfaction of the City Engineering Department.
5. All ground water encountered shall be mitigated to the satisfaction of the Engineering Department.
6. All rock walls shall comply with the City of St. George Rock Wall Ordinance.

City Attorney Shawn Guzman advised these recommendations were made January 17, 2007.

Council Member Almquist commented that at the time the hillside requirements were recommended, a road was planned behind the building. He inquired if a road was still located behind the building. He inquired if the two feet of disturbance behind the building was from the roadway or the building.

Mr. Minich replied from the audience that the plan has not changed.

Council Member Pike inquired of the applicant if he was willing to let the City Council work through some of the issues with the building with regard to colors, etc.

Mr. Minich replied this would be fine if done in a smaller Council session.

Mayor McArthur appointed Council Members Almquist, Pike and Bunker to work with staff on aesthetics of the building.

MOTION: A motion was made by Council Member Pike to approve the building design, conceptual site plan, and hillside development permit subject to the recommendations of the Hillside Review Board on January 17, 2007, and with the caveat that the committee appointed by Mayor McArthur and staff approve the colors, materials and textures of the building.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur called for a break.

AGREEMENT:
Consider approval of a joint use agreement with Rocky Mountain Power.
St. George City Council Minutes
January 24, 2008
Page Twelve

Energy Services Director Phil Solomon explained with regard to the Green Valley line, there are four locations where the line intercepts Rocky Mountain Power?s line. To be more efficient it is recommended that both lines be located on one pole. Rocky Mountain Power would like an agreement and $5000 up front from the City to do inspections. The City also has an unpaid invoice with Rocky Mountain Power, so the two may offset each other. The City is disturbing their existing line and this is an inconvenience for them.

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

RATIFY DONATION OF PROPERTY:
Ratify donation to the City of approximately three acres from Kay Traveller.

City Attorney Shawn Guzman explained the donation was made before the end of 2007. He recommended ratification of the donation.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held January 10, 2008.

MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
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 and a property purchase.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Almquist - aye
Council Member Pike - aye
Council Member Bunker - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Allen.
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 Shakespeare commented she would like to see 100' setbacks on mesas.

Mayor McArthur replied the dilemma is how to define precipice of the hill.

City Manager Gary Esplin replied there is also a takings issue - if the property is narrow the 100' setbacks would constitute a taking because it could then not be used.

Council Member Shakespeare suggested expanding the downtown redevelopment area before the new courthouse is built.

City Manager Gary Esplin replied this was a great idea, especially if it were expanded all the way to Bluff Street. He advised staff would look into it.

City Manager Gary Esplin advised City Council Members to submit items to him which they would like discussed in a work meeting.
St. George City Council Minutes
January 24, 2008
Page Thirteen

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




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Gay Cragun, City Recorder