City Council Minutes

Thursday, June 7,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 7, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Mayor Daniel McArthur

APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Bunker to appoint Rod Orton as Mayor pro tem at the invitation of the Mayor.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carrried.

OPENING:
Mayor Pro Tem Orton welcomed all present and led the pledge of allegiance. The invocation was offered by Kent Perkins. Mayor Pro Tem Orton announced that Council Member Allen was out of town on City business and would be arriving late. He advised that he would vote. He invited several Scouts in the audience to introduce themselves.

Mayor Pro Tem Orton announced that in the Mayor?s absence, Mayor McArthur asked him to accept an award at the Chamber meeting yesterday. Farmers Insurance conducted a survey throughout the United States and presented the City of St. George with an award for being the most secure place to live in the United States. Criteria included unemployment, police and fire protection, etc.

AWARD OF BID:
Consider award of bid for a hydraulic digger derrick.

Purchasing Manager Connie Hood explained that sealed bids were received from two bidders. She recommended award of the bid to the low bidder, Altec, who has an actual unit in stock, in the amount of $241,925. The Energy Department is funding the purchase.

City Manager Gary Esplin explained that the truck will be used strictly by the Power Department.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Altec, in the amount of $241,925.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a basin sewer cleaner with auxiliary engine.

Purchasing Manager Connie Hood explained that the low bidder was AG Truck Sales in the amount of $243,197, with an eight month lead time.

MOTION: A motion was made by Council Member Bunker to award the bid to the low bidder, AG Truck Sales, in the amount of $243,197.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.



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June 7, 2007
Page Two

PARTICIPATION IN PROJECT:
Consider approval for Energy Services to participate with Santa Clara in the UDOT Santa Clara Blvd. project.

Purchasing Manager Connie Hood explained that the Energy Services Department plans to replace the overhead line by participation with Santa Clara in order to save the cost of excavation. The Water Department will also be participating. Cost of the project is $45,857.98

City Manager Gary Esplin explained that the City has power lines running across the top of the hill and participation in this project will allow the City to remove them and place them into conduit in the joint utility trench. This line services the wells in the Gunlock area and the Shivwits Reservation.

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

AWARD OF BID:
Consider award of bid for design and installation of a HVAC system for City Hall.

Purchasing Manager Connie Hood explained that two bids were received. She recommended award to the low bidder, Paxman Heating and Cooling, in the amount of $353,100.

City Manager Gary Esplin explained that this project is for the City Office and the Leisure Services building. The City Office?s present system is 27 years old and does not work properly.

MOTION: A motion was made by Council Member Gardner to award the bid to Paxman Heating and Cooling in the amount of $353,100.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that funds for this project were included in the current year?s budget, and next year?s budget contains funds to finish the project.

Council Member Whatcott inquired about the drastic difference between the two bids.

Ms. Hood replied that S&S designed a system which was totally more than needed.

Council Member Whatcott inquired if the City Council in the future was going to see another bid for repairs to the ceilings as a result of the duct work.

City Manager Gary Esplin replied that this was correct. Staff feels this can be done cheaper by contracting out the repairs, as well as doing some repairs using City staff.

AWARD OF CONTRACT:
Consider approval of a professional services contract with Kim Campbell and Associates to complete the design, construction and bid documents for renovation of the third floor of the Art Center.

Purchasing Manager Connie Hood explained the amount of the contract is $85,000 and covers design, construction/bid documents and construction management.

City Manager Gary Esplin explained that Kim Campbell has done the other two floors and is the logical one to complete this project. After award, he suggested a meeting be scheduled with the Council and staff to make sure everyone is on the same page before the project is designed and bid. The improvements are budgeted in the 2007-08 budget, if approved.


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June 7, 2007
Page Three

Council Member Bunker commented that fundraising projects have also raised funds for the renovation. She inquired if public input with regard to the design was desired.

Leisure Services Director Kent Perkins replied that quite a few public input sessions were held. It was determined that the project should consist of basic renovations and clean-up of the ceiling, walls and floors, restrooms and serving kitchen. There is not the floor capacity or bearing capacity to do a lot. The plan will be fairly generic but he would be happy for more input. The stairs must also be redone to code. This project is the final phase of the renovation and will complete the building.

Council Member Bunker inquired what it would take to make the floor able to bear more people or weight.

Mr. Perkins advised that the floor will accommodate a nice number of people and a majority of uses. The current phase consists of landscaping improvements, sign work, and fencing.

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

AWARD OF CONTRACT:
Consider approval of a professional services contract with Landmark Design for design, construction and bid documents for Seegmiller Park.

Purchasing Manager Connie Hood explained the amount of the contract is $16,000.

Council Member Orton inquired about water on the property and if the City was pumping it.

City Manager Gary Esplin replied that the area where the buildings will be located has been dried up.

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

AWARD OF BID:
Consider award of bid for shade structures for Mathis and Tonaquint Parks.

Purchasing Manager Connie Hood explained that three bids were received. She recommended award of the bid to the lowest and most qualified bidder, Utah Sky Shades, in the amount of $30,298.

MOTION: A motion was made by Council Member Gardner to award the bid to Utah Sky Shades in the amount of $30,298.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

AWARD OF CONTRACT:
Consider approval of a professional services agreement with Intermountain Consumer Professional Engineers to develop and install settings for the Millcreek Plant power system stabilizer.

Purchasing Manager Connie Hood explained the contract is for developing PSS settings, tuning of the PSS, and report development in the amount of $21,500.

Chief Electrical Engineer for the City, Rick Hansen, explained the a PSS is a specialized relay required to keep the Millcreek plant up and running in the event a major transmission line trips. The plant is running well right now.


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June 7, 2007
Page Four

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

AWARD OF BID:
Consider award of bid for materials for the Skyline to Green Valley 138 kV transmission line.
Purchasing Manager Connie Hood explained that six bids were received. She recommended award of the bid to the low bidder, HD Supply, in the amount of $886,040.

Rick Hansen explained that the $886,040 was for conductors only. The total cost of the line will be $4.3 million and $4.2 million for the substation.

Council Member Orton inquired if the total cost was the City?s.

Mr. Hansen replied that the total cost was the City?s. However, Santa Clara has agreed to participate in a small part, but nothing has been put in writing.

MOTION: A motion was made by Council Member Whatcott to award the bid to the low bidder, HD Supply, in the amount of $886,040.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for various switches for the Skyline to Green Valley 138 kV transmission line.

Purchasing Manager Connie Hood explained that this is a sole source item. She recommended award of the bid to Riter Engineering in the amount of $152,443.

MOTION: A motion was made by Council Member Gardner to award the bid to Riter Engineering in the amount of $152,443.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Rick Hansen advised that insulators and line hardware were not included in the earlier award of $886,040 to HD Supply.

City Manager Gary Esplin advised that these items would be put on the next agenda.

Rick Hansen explained that all are included in the same bid, but were broken into three areas.

AWARD OF CONTRACT:
Consider approval of a contract with Alpha Engineering for design and construction management of a new water tank.

Purchasing Manager Connie Hood recommended award of a contract with Alpha Engineering in the amount of $141,365.

Mayor Pro Tem Orton inquired about the size of this tank compared to the City?s other tanks.

City Manager Gary Esplin advised that this water tank is for the Sun River area and Milepost 2 project. The City is working with SITLA to obtain property for the tank site.

Water Services Director Barry Barnum advised that this tank will provide a back-up feed into Sun River and will serve the new interchange area. The City?s BAT tank is 5 million gallons. There is a tank at the treatment plant which holds 9 million gallons, but it has been turned over to the Washington County Water Conservancy District.

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June 7, 2007
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City Manager Gary Esplin commented that this tank was sized for the development which will occur in the Sun River area as well as the rest of the SITLA property.

Mr. Barnum advised that this new tank is 2 million gallons. In the future another tank will be needed to serve the new airport and two others will be needed to serve the South Block area.

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

AGREEMENT:
Consider approval of an agreement with Alpha Engineering for construction engineering for the Dixie Center roadway project.

Purchasing Manager Connie Hood explained the scope of work will include bid advertisement, bid process supervision and construction management and inspection, in the amount of $72,748.

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

ORDINANCE:
Consider approval of an ordinance amending Title 4, Chapter 4, St. George City Code, to remove references to Allied/Red Rock from the City Code.

City Attorney Shawn Guzman explained that the proposed ordinance strikes any reference to Allied or Red Rock Waste and simplifies the ordinance by saying the residents have to follow the rules of Special Service District No. 1 with regard to collection of waste per agreement with the SSD.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning public utility easements in the Twin Creeks Subdivision Phase III.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a condemnation resolution for properties surrounding the Replacement Airport site.
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June 7, 2007
Page Six

This item was tabled.

AGREEMENT:
Consider approval of a modification to the UDOT Cooperative Agreement for the Atkinville Interchange.

And

Consider approval of a modification to the UDOT Cooperative Agreement for consultant design engineering for the Southern Parkway.

City Manager Gary Esplin explained that the agreement is for the City?s portion of the match for the Atkinville Interchange project.

Assistant City Engineer Aron Baker explained that the other agreement is for the Southern Corridor. The same engineer will be used. The projects have to be kept separate, however,
and that is the reason for the two separate agreements. The City has received several million dollars in earmarked and high priority funds with an 80/20 match. The City?s match will be $6.2 to $7 million. The City has some enhancement funds it did not use for landscaping the interchange at Bluff Street, and that money is able to be transferred to this project towards landscaping and aesthetic design. The price of the interchange itself is $13.4 million.

Council Member Gardner inquired about the design of the interchange.

City Manager Gary Esplin replied that this money is not for the landscape design the City Council previously saw. That design is not included in the figures being discussed now. The City?s match of $6.2 to $7 million does not include landscaping.

Council Member Gardner suggested that the project should make a statement, as it is the entrance to the State and the City.

City Manager Gary Esplin replied that this would have to be done with City funds, as the State will install only standard landscaping.

Mr. Baker advised that the State?s participation in beautification of the interchange is $500,000, and the rest is the City?s responsibility.

City Manager Gary Esplin commented that staff will do more cost estimates to see how much it would be.

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

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

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

REPORT FROM PLANNING COMMISSION:
Report from the Planning Commission meeting held May 22, 2007.

Community Development Director Bob Nicholson explained the Planning Commission recommends that public hearings before the City Council be scheduled for June 21, 2007 at 5:00 p.m. to consider (1) a zone change from A-1 to R-1-10 for three acres at 2200 South 3000 East, (2) a zone change from A-1 to R-1-10 on 28.27 acres at 3000 East 2000 South, (3) a zone change from A-1 to R-1-10 at 1800 South 3000 East, (4) a zone change

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June 7, 2007
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from R-1-10 to M-1 on 254.04 acres on the south side of the existing Ft. Pierce Industrial Park, and (5) a zone change from A-1, A-20, and Open Space to R-1-10 on 106.73 acres located between Little Valley Road and Commerce Drive.

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission recommends approval of the following final plats: (1) Tonaquint Valley Phase 2, (2) Tonaquint Valley Phase 3, (3) Riverside Heights Plat H, and (4) Tonaquint Valley Phase 1. All final plats correspond with the preliminary plats.

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

CONDITIONAL USE PERMIT (2007-CUP-011):
Consider approval of a conditional use permit for a restaurant at 40 E. Tabernacle with a non-conforming parking situation. Mr. and Mrs. Villamor, applicants.

City Planner Ray Snyder explained the property is located near Blue Bunny in the former R&K Book storefront. The access point is between two buildings. The reason this request is on the agenda is because it does not meet parking requirements. The zoning code, however, allows an applicant in the Downtown Historic District to request consideration for parking. An existing building within the Historic District may be changed to a restaurant use even if the parking is nonconforming. The Planning Commission recommends approval.

Council Member Whatcott commented about the siding on the facade and inquired if there was an opportunity for renovation.

Mike Villamor, applicant, advised that this has been discussed with the property owner. The City has funds to match a renovation and the owner is considering this, but there has not been a decision yet. He advised that he was planning on painting the facade a soft color.

City Manager Gary Esplin commented that this needed to be pursued more diligently. The City supports the concept of the restaurant 100% as it will be good for the downtown and is exactly what the City is trying to do in the area. He stated that it would be nice to have the facade renovated at the same time the restaurant opens, but this is the owner?s choice and the City cannot force them to do this. The City?s storefront renovation program will match funds for this renovation at a 50/50 match up to a certain amount.

Mr. Villamor advised that Jim Davis is the owner of the building and he is aware of the storefront assistance program.

Council Member Gardner commented that while the City participated in the parking structure for public parking, space is not guaranteed, and this parking could disappear over time depending on the City. Right now there is adequate parking. Public parking is scatted throughout the different levels of the garage.

City Manager Gary Esplin commented that there is some parking behind the proposed restaurant. He said that public parking in the parking structure is guaranteed for 40-50 years.

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

Mr. Villamor advised that the restaurant would be open by the end of summer or start of school.



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June 7, 2007
Page Eight

CONDITIONAL USE PERMIT (2007-CUP-010):
Consider approval of a conditional use permit to operate an in-home child day care at 702 North 1050 West Street for up to 18 children. Kristine Mace, applicant.

City Planner Ray Snyder explained that staff has not received any complaints or concerns with regard to this request, and he was not aware of any brought up at the Planning Commission meeting. Staff recommends approval. The applicant proposes to have 18 children Monday through Friday from 6:00 a.m. to 8:00 p.m. The Planning Commission recommends approval subject to the applicant being responsible to work with the neighborhood with regard to pick-up and drop-off issues, and a final fire inspection in order to operate the day care.

City Manager Gary Esplin commented that the Fire Chief recommends the number of children be limited to a maximum of 12 based on the size of the home. The applicant is aware of this recommendation.

Council Member Bunker commented that the home is located on a curve as well as at the bottom of a hill, and this seemed like a bottleneck and presents a safety issue with regard to dropping off the children.

Mr. Snyder replied that the request was discussed in the development coordination meeting, and also with traffic and engineering, and there were no concerns.

Fire Chief Robert Stoker advised that the Fire Code requires 35 sq. ft. of space per child, and the applicant would need 630 sq. ft. of open space for 18 children. She has only 400 sq. ft. of open space, which would allow them just under 21 children. If the applicant can open up more area, he can revisit the request.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit up to a maximum of 12 children.

Council Member Bunker inquired if another condition could be added to the motion. She suggested that the applicant ask the parents tp drive on 1050 toward Valley View, pointing west, when they drop off their children so they don?t have to cross the street.

Council Member Gardner commented he was not opposed to the parents using a safer drop-off pattern, and while he was happy to include it in a motion, there was no teeth to it.

Mayor Pro Tem Orton inquired if staff had looked at the site for safety.

Mr. Snyder replied that staff looks at each site and walks it.

City Attorney Shawn Guzman advised that language can be added to the motion requesting the applicant to encourage all patrons to drop off their children so that they don?t have to cross the street.

Council Member Bunker suggested that the applicant provide every parent with written instructions indicating there might be a safety issue and that children can be let out only of the passenger side of the car on the applicant?s side of the street, so that the children do not have to cross the street.

AMENDED MOTION: An amended motion was made by Council Member Gardner to approve the conditional use permit up to a maximum of 12 children, with the stipulation that the applicant provide written instructions to patrons that children can be let out only on the passenger side of the car on the applicant?s side of the street, so that the children do not have to cross the street.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.



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June 7, 2007
Page Nine

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a guest inn (vacation home) in the landmark site located at 212 North 100 West. Mike Madsen, applicant.

Community Development Director Bob Nicholson explained that this home was previously designated a landmark site. The applicant is requesting approval to use the home as a guest inn. The Planning Commission recommends approval subject to the following conditions: (1) the applicant shall maintain and enhance the level of landscaping existing at the time of this approval, (2) on site parking shall be approved by City staff, (3) the applicant shall comply with the requirements of the City Traffic Engineer for access, and (4) the applicant shall comply with City Code requirements for hotels, except a waiver is approved for no on-site manager and rooms will not be required to be cleaned on a daily basis but only upon change of guests. A daily room service will be available to guests for a fee, and an off-site office will be maintained for record keeping and for guests and others to contact when necessary. The historic pecan trees will be saved.

City Attorney Shawn Guzman expressed concern that one way of keeping these guest inns from turning into de facto apartments is through daily cleaning. He proposed that the rooms be required to be cleaned at least six out of the seven days they are occupied. If the rooms are not going to be cleaned or if an extra fee is not charged, he expressed concern that they it would turn into a 29 day apartment.

City Manager Gary Esplin stated that apartment use would be a violation of the conditional use permit.

Council Member Whatcott commented that renting the room for a week and having a cleaning service in there every day would defeat the applicant?s purpose.

Community Development Director Bob Nicholson advised that any time there is a change of guest, the room would have to be cleaned.

Council Member Whatcott suggested that a stipulation be required that the room has to be cleaned on a weekly basis at a minimum and upon the change of a guest.

Mr. Madsen, applicant, advised that this requirement made sense.

City Manager Gary Esplin inquired what would happen if the use changes, and inquired if a stipulation could be added that if the use changes, it would have to go back to the City Council for approval.

Mr. Madsen commented that the Planning Commission agreed that if the proposed use did not go through, the home could be used as office space.

Community Development Director Bob Nicholson commented that the Planning Commission never acted on that, even though it was part of the discussion.

City Attorney Shawn Guzman commented that office use is in harmony with what the City Council has approved in the past in similar homes, so securing approval for an office use should not be a problem.

Mayor Pro Tem Orton commented that the applicant would still have to come back to the City Council for approval of an office use.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission, that the rooms must be cleaned at least weekly and upon change of a guest, and an office use is OK.

City Manager Gary Esplin advised that there are parking issues, and the City Council may want to review those before giving a blanket approval.

SECOND: The motion was seconded by Council Member Whatcott.

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June 7, 2007
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VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Netta?s Knoll Condominiums on 32.89 acres located at the southeast corner of the Riverside Drive and Foremaster Drive intersection. Craig Hopkinson, applicant.

Jay Sandberg explained that this project is a PD and was approved in March 2006. A hillside development permit is also required. The Hillside Board approved the permit, but it was advertised incorrectly for the Planning Commission meeting, so it will be coming back at a later date as a separate item. The approved roads have been reconfigured slightly because of clay and the buildings were repositioned to avoid clay areas. As an end result, the roads are now more or less on the outside. The original PD approval had 11 buildings and this layout has 13. The original PD had four story buildings, but this was not approved by the City Council, and the applicant has reduced them to three stories. The traffic study recommends 25% participation in a signal which is now under design. The applicants are also required to widen Riverside Drive where Foremaster Drive comes in and to put in a right turn deceleration lane into the project and a right turn deceleration lane on Foremaster Drive with two lanes in each direction. These improvements will be made with this project because of its impact on the road system in the area. There is also a City trail along the toe of the hill. The property owners have given permission to build the trail and the City has been working on getting the easements signed.

Council Member Whatcott commented there appeared to be only one access in and out.

Jay Sandberg replied that this was because of the topography of the site. However the access is wide and will eventually have a signal. The project will be built in phases, and the first phase will complete the road work. There will be a loop road all the way through the project for good circulation. The center part of the project is the first phase. Blue clay issues have been addressed.

Council Member Bunker commented that the garages appeared to be more prominent than in the original project and on the periphery of the project.

Mr. Sandberg replied that the property slopes down and covers the garages in that area. Someone would have to be on Foremaster Ridge to see them; they are not visible from the road.

Craig Hopkinson, applicant explained that the original PD was approved with the requirement to use a landscape architect for the project. He requested permission to use Larry Reber who is not a landscape architect, but is a landscape planner.

City Manager Gary Esplin replied that this was a determination for the City Council to make, but there is no requirement in the ordinance for a landscape architect. He felt the City Council just wanted to be satisfied the landscaper had the necessary qualifications because of the soil conditions.

Council Member Gardner commented he was comfortable with Mr. Reber as long as the conditions are dealt with.

Mr. Hopkinson explained that the renderings show that the back of the garages are being used as retaining walls and this will mitigate their view from almost any direction.

Council Member Bunker commented her main concern was that they could be seen from Riverside Drive or major arterials.

Council Member Whatcott inquired about the color of the garages.

Mr. Hopkinson replied that they will be colored the same as the buildings and he will try and make them blend into the hillside with dirt colors as close as possible.

Mayor Pro Tem Orton opened the public hearing.

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June 7, 2007
Page Eleven

Ed Baca inquired during which phase the traffic signal would be installed.

Jay Sandberg replied that the only requirement is that the applicant participate in a future signal. It is under design now. There is no requirement that the signal be installed prior to the project, but it will probably be close.

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

Council Member Whatcott inquired if Riverside Drive would be widened at the same time the signal is put in.

Mr. Sandberg replied that this was correct.

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

PUBLIC HEARING/CITY CODE AMENDMENT/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 8, St. George City Code, to add a provision allowing the City Council to approve densities in excess of the General Plan in certain circumstances.

Community Development Director Bob Nicholson advised that the purpose of the General Plan is to be a guide for development. PD language says that density in a PD zone shall conform to density limitations in the General Plan. He reviewed the proposed ordinance. He stated the reason for the change is to try and put some flexibility into the process by allowing the City Council to look at site specific situations and approve a project with a density higher than the General Plan allows, if certain conditions are met. The Planning Commission recommends approval.

Council Member Bunker inquired if passage of this ordinance would allow the RCC zone to remain in place and not provide a loophole for some of the properties.

City Manager Gary Esplin replied that the City Council would have to approve each request for increased density.

Council Member Bunker inquired if this ordinance was taking away some of the guidelines for the RCC zone.

City Manager Gary Esplin replied that the RCC zone already has provisions which allow the City Council to consider higher densities. The proposed change gives more flexibility to the City Council to add to projects that make sense but which are different from the General Plan. It would not make a difference to the RCC application concept. The application would still have to go through a hearing process, but it negates the City having to amend the General Plan every time a credible project comes in.

Mr. Nicholson commented that in the RCC zone, conditional use permits can be obtained to do a multi-family project or one with higher density. In the PD zone there are no conditional use permits - the applicant would have to bring the plan to the City Council for approval.

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

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

Council Member Gardner - aye
Council Member Bunker - aye
Council Member Whatcott - aye

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June 7, 2007
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Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 18, to modify certain provisions dealing with walls and fences.

Planner John Willis explained that staff proposes the changes in order to clarify unclear language and resolve some issues. He reviewed the proposed ordinance. The Planning Commission recommends approval.

Project Engineer Cathy Hasfurther clarified some conditions with regard to setbacks and retaining walls.

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

MOTION: A motion was made by Council Member Bunker to approve the ordinance.


Encroachment Officer Brad Young explained that the ordinance clarifies certain conditions with regard to corner lots. He advised staff would contact masons and block manufacturing companies and explain the new ordinance to try and stop the problems before they happen.

Council Member Allen arrived at 5:50 p.m.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 11, to add ?small animal boarding? and ?small animal hospital? as permitted uses in the M-1 Manufacturing Zone.

Community Development Director Bob Nicholson explained that a year ago the City Code was changed to allow small animal boarding and small animal hospitals in the M-2 zone. Mr. and Mrs. Collinwood would like to locate a pet resort in the Ft. Pierce Industrial Park, operating 24 hours a day and seven days a week. They will offer boarding for 131 dogs and 12 cats along with a small animal infirmary. In order to allow this the City needs to change the Code to allow these uses in the M-1 zone. The Planning Commission recommends approval. Letters from adjoining property owners in favor of the request have been supplied.

Mayor Pro Tem Orton opened the public hearing.

Greg and Marilyn Collinwood, applicants, advised they would like to move into an existing building and the building owners are in concurrence with their plans.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/FISCAL BUDGET:
Public hearing to consider adoption of the fiscal year 2007-2008 budget for the City of St. George.

City Manager Gary Esplin explained that the budget will not be adopted tonight. Another public hearing will be held on June 21, at which time the budget will be adopted.

Mayor Pro Tem Orton opened the public hearing.

John Gallacher advised that he was representing 10 senior citizen golf enthusiasts. He stated the Spectrum reported that Mr. Loo stated the last golf increase was in 2005, when in reality it was in 2006, only eight months ago. He stated that seniors are concerned that the continued increases which have an impact on them. He also expressed concern with the $300 cache card as opposed to the 20 punch card at $160, and the fact that it could not be augmented. He stated that many seniors suffer from physical ailments which make use of a golf cart a necessity, and an increase in the cost of carts is also proposed. He stated that the cache card limited them to playing Monday through Thursday, and if they want to play on weekends, they have to pay what visitors pay, which seems inequitable. He stated the increase was an imposition on their ability to pay and he requested that seniors be considered exempt from any potential increase in golf fees or cart fees.

City Manager Gary Esplin replied that the proposed increase is 3% to 3.5% which equates to $1 for 19 holes. A $1 increase in cart fees is also proposed. The last increase was 14% in fiscal year 2005-2006 and rates were not changed during the off-season. He stated he was not aware the cache card could not be added to, and staff will look into this. The City Council gave staff instructions that it was to look at adjusting golf fees on an annual basis instead of surprising the public with a significant increase. The City must cover its costs, and costs have gone up significantly with regard to fertilizer and fuel and day-to-day operational costs. Golf courses do not pay for themselves. In the current fiscal year and next fiscal year as well it is proposed to transfer $500,000 from the Economic Development fund to cover operational and capital costs at the golf courses. The City is trying to keep costs down as much as possible. If the City had golf courses strictly for the residents, it would only have 1.5 golf courses, and no one would be able to get on them. The proposed rates are competitive with others in the county and with all others in the State of Utah in the summer.

Mr. Gallacher replied that the local players support the courses in the summer, and regardless of what percentage the increase consists of, it is real money to him and his friends.

City Manager Gary Esplin inquired of Mr. Gallacher how he suggested the City for the shortages as the golf courses do not make a profit. This year they lost $500,000.

Mr. Gallacher commented that seniors play in 100 degree heat and also played the courses when they were nothing but cow pastures, particularly Southgate and St. George Golf Club.
He inquired why the City could not give them a break.

Mr. Esplin replied that they were getting a break with the summer rates - $7 to play nine holes of golf.

Mr. Gallacher advised that many cities offer a discount for seniors. He stated the City has not allowed for reasonable priced housing, and is now heading in the same direction with the golf courses. The reality is if the seniors can?t afford to play, the City will not receive the revenue.



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Mr. Esplin replied that it costs ?x? number of dollars to maintain every round of golf, and the City is trying to keep the rounds played close to operational costs. Seniors can buy a pass for $100 in the summer and play all the golf they want.

Mayor Pro Tem Orton commented that the City Council and staff are providing the cheapest golf they can to the citizens. The City Council directed staff that they would rather see a yearly increase in fees instead of a drastic increase every four years. The City had to subsidize the golf courses in the amount of $500,000 this year and it is doing that for the senior citizens, and he did not know a fairer way to do it.

Council Member Gardner commented that the City appreciated the golfers. No decision would be made tonight and the City Council will consider all comments. They have made a commitment to provide the cheapest golf possible.

Ed Baca advised that he has been attending City Council meetings for the last four years and during that time developed an appreciation for all City employees who serve the public during this period of fast growth. The proposed budget report is the most comprehensive he has had the opportunity to review and is citizen-friendly. He stated he has never heard in a public meeting how priorities are established for expenditure of funds, and inquired where these discussions were taking place. He inquired how citizens are to know that the City Council is responding to public concerns if the decision-making process is carried out without public discussion. He stated he was told that the City?s police force is keeping up with the population growth, but according to a national benchmark, based on a population of 85,000, the City should have 136 sworn officers and it has only 96. A budget request for 10 new officers was reduced by the City Manager to four. He stated this was a large shortage of officers. He inquired how the City could spend money for a water works park, referred to by some City Council members as McArthur Park, when those funds would pay the salary of two police officers. The City donates $20,000 to the College Bowl and to high school graduation, which would pay for one officer. It pays $36,000 for subscriptions and memberships and $25,000 for training and travel expense for the City Manager, which could provide two additional police officers. This total would provide five officers which are desperately needed. When a Police Department is understaffed, this may result in use of necessary force which leads to citizen complaints and a police review board and possible civil litigation, which is not in the best interests of the City. He inquired why no increase in staff was proposed for the Fire Department when the population has increased, and why there was no fire station in Sun River. He inquired how the City could transfer $500,00 to the golf courses and not find a way to fund public safety needs. He commented that it was a setting of priorities and the public wants to know the procedure used to set those priorities. If the City is not to become a safe haven for illegal activities, public safety funding must be moved up on the priority list. He stated his comments were intended to be constructive and in no way meant to demean the efforts of the City Council and were not to be taken personally. He stated he knew his presence the last four years has made some uncomfortable, but the purpose of public meetings is to have open and civil dialogue. He stated he hoped his comments would be accepted in a positive light. He stated the City Council has taken steps to improve the community through a new airport, restructuring of the Water and Energy Services Departments, and the Leisure Services Department which is at the top of a national list, as well as master plan zoning. The good and bad of the budget is there is no increase in City revenue to be provided by an increase in property taxes. This is good because no one wants a tax increase, but this is bad news because the City?s tax percentage has been reduced, and eventually if not already, this will have a negative impact on the City to provide desired levels of service. The City Manager and City Council have acknowledged a need for a property tax adjustment, and three surrounding cities have done this, and a fourth is contemplating an increase. The failure of this body to publicly discuss this pending need is seen as merely putting off until tomorrow what needs to be addressed today. The City Manager is approaching retirement and several City Council members may not seek re-election. He stated this was a good time to have public discussion with regard to prioritizing things like traffic signals, etc. and planned use of HUD monies available to the citizens.

City Manager Gary Esplin replied that he has never discussed retiring. Priorities are established through twelve months of discussion with the Mayor and City Council and department heads and knowing their needs. The City Council has been involved in this process for a number of years, and he finds it offensive when Mr. Baca says that police

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officers can be funded by taking away from other accounts. All the property taxs generated in the City would not even fund the Police Department budget. When the City contributes to festivals and the Rotary Bowl, it is because these events generate sales tax to the tune of $16 million a year, and this is how fire safety and police are funded. With regard to the Town Square, this has been funded through the Redevelopment Agency and not the General Fund. This is a commitment that will generate additional revenue through development of the downtown which has been the City?s goal for 30 years. It is unfair to say that the budget has not been put together without a lot of thought and decision. Further, he does not know one city in the State of Utah that conforms to the averages cited by Mr. Baca. This is an average, not a rule, and every city is different. The Fire Department will need ten new employees to staff the new fire station, but the station has to be built first, and until then, there are enough volunteers to adequately staff the Fire Department.

Mayor Pro Tem Orton reminded that the City just received an award for being the safest city in the United States. He stated it was not fair to say that the Police Department was not staffed and not doing a good job.

Council Member Allen commented she was amazed to hear that one of the Council has called the Town Square ?McArthur Park?. She commented she did not want the Mayor or anyone else to think that was said, as she has never heard it said.

Council Member Gardner commented that the parade grounds have long been a priority for the Mayor due to its heritage, and he appreciates the Mayor?s desire and leadership in this area and he commended him for his efforts. He stated that when Mr. Baca questioned when priorities for the budget were established, it makes him wonder if Mr. Baca was in the same meetings as he was in, because in every City Council meeting the City Council faces different requests from different departments for different needs, and the City Council continues to deal with these priorities. This public hearing is part of that process. He stated he was surprised that Mr. Baca does not think these meetings were designed to lead up to budget decisions. This is not to say the budget cannot be tweaked or improved upon, but to infer that the City Council has not gone through the public process with regard to priorities is surprising. He stated the City will never have enough money to spend, but to think that the City Council should look for an opportunity to raise property taxes any more than they are - heaven forbid. He stated he would rather cut costs than raise taxes. The City Council?s goal has been to not raise taxes, and they are adamantly opposed to raising property taxes to fund wish lists. The City?s goal has been to do more with less. If someone asks any City police officer or the Police Chief, they will say thank you for how well the City Council supports them, and that has been the Council?s commitment. The safety of citizens is paramount, and the award presented at this meeting shows that the City is making a significant effort in this area. In 2005 the City Council?s focus was on repairing flood damage; in 1996 it was the recreation bond - every year the City Council has different priorities, but there are so many needs, it is a balancing act. He commended staff who spent so much time on the budget to figure out how to portion the available funds to make them stretch, and he hoped that the City would always be in the business of stretching its dollars rather than grabbing more.

Council Member Orton commented he did not think Mr. Baca understood how many hours the City Council spends with departments and committees and what can be learned from this in a spirit of cooperation instead of questioning each and every person.

Mr. Baca commented that the point was he was trying to get them to say that.

City Manager Gary Esplin commented that a discussion was held with State representatives on whether or not to allow cities to capture the inflation without having to go through action meetings. The City has only raised property taxes one time in 30 years, and that was after an election. The Council?s direction to staff is to do as much as possible with less. The real question is what is the City not doing that it could be doing, and that is what the City Council must decide. The City Council has indicated it wants to meet with all departments specifically to see if other issues need addressing.

Jim McArthur commented that the State did an audit of all RDA funds and their usage and made a recommendation that greater effort be made to educate the public on where the


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funds are being used and to make them understandable for the general public. That may be done already, but he wanted to add that comment to the budget process.
There being no further public comment, Mayor Pro Tem Orton closed the public hearing.

PUBLIC HEARING/AMEND FISCAL BUDGET/RESOLUTION:
Public hearing to consider amendments to the fiscal year 2006-2007 budget for the City of St. George.

City Manager Gary Esplin reviewed the proposed changes and philosophy behind the changes.

Council Member Bunker inquired if the need for part-time clerical work was not anticipated at the beginning of the fiscal year.

Mr. Esplin replied that an increase in pay was needed because with a 2% unemployment rate, it was hard to find someone to work.

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

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

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

The vote was unanimous and the motion carried.

Mayor Pro Tem Orton called for a five minute break, after which time the meeting resumed.

AMEND GENERAL PLAN/ORDINANCE:
Consider a request to amend the General Plan Land Use Map by changing the land use designation from Low Density Residential to Professional Office for 11.6 acres located at about 1800 South River Road. James and Linda Cottam, applicants.

City Manager Gary Esplin questioned whether the request included properties that did not want to be included in the request.

Community Development Director Bob Nicholson explained that this request is not a zoning action. The applicant?s original request was for neighborhood commercial, but they decided to ask for professional office. The property is located south of the LDS Church on the west side of River Road. Letters were again sent to adjacent neighbors informing them of this meeting. The matter has been tabled several times due to questions about traffic and turning movements. That information has never been received but the applicants want to move forward.

City Manager Gary Esplin commented that no additional information has been received by the City. He advised that Mr. Cottam?s wife is in the hospital so he could not be in attendance. He advised that he met with Mr. Cottam two weeks ago and he said they were tired of the hold-up and wanted a decision on what could be done with their property. He felt there was no need for more traffic studies, and that in comparison to all of the traffic on River Road created by the new schools, the traffic his project would add would be minuscule. Mr. Cottam is frustrated that the process is taking so long and wants a decision.

Community Development Director Bob Nicholson commented that the Planning Commission recommended approval of the request for professional office, and there was neighborhood support for professional office.


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Council Member Whatcott commented he received a telephone call from half of the Cottam family who own property at this location and they are opposed to the general plan change.
The property is owned by two families, and one family wants it to remain residential.

Council Member Allen inquired if it would be better if the family worked it out first.

City Manager Gary Esplin commented that the actual item being considered is an amendment to the general plan, and the question is if it is appropriate for the property to remain residential or not.

Tim Frei commented he did not want to see River Road become another Sunset Blvd. with many pockets of commercial and professional office. There is property just south of this property and just north of this property which is already zoned for commercial and is more centrally located. He stated he made phone calls to find out where neighbors stood on the proposed change, and everyone he talked to was still in agreement that the property should remain residential because the neighborhood is residential. He also expressed concern with increased traffic.

Ann Schneider commented that she represents 34 homeowners who live adjacent to the property in question and there is a rumor going around that if the zoning is changed, a bait and switch will take place, and the professional office plan previously shown to the neighbors would not necessarily be built.

City Manager Gary Esplin explained that this is a master plan amendment, and the applicants would still have to come in for a zone change. Action tonight would simply put a dot on the master plan which would allow a zone change request to professional office.

Council Member Allen commented that the City Council has made it clear in the past few years that it would have to see the plan showing exactly what would be built and the applicant would have to stick with it.

Ms. Schneider inquired if the change to professional office would be accompanied by a plan.

Council Member Allen replied that the plan would have to adhere to the ordinance and all required setbacks and landscaping.

Ms. Schneider inquired if the plan could be changed to allow more buildings or three story buildings.

Mayor Pro Tem Orton replied that the plan could be changed if the City Council allowed it.

Ms. Schneider advised that people trying to put fear into others by saying if this change is approved it will be out of control.

Council Member Whatcott explained that this request is for a general plan amendment which will decide if the general area will become a commercial or administrative office site. How the project will look will be brought in at the time of the preliminary plat or zone change and it will be approved or denied by the City Council. Tonight the City Council must decide if the area will become commercial or remain residential, and this has nothing to do with the design the applicants brought in.

City Manager Gary Esplin explained that the general plan is a guideline for the community with regard to planning. The City Council must consider the entire corridor and where commercial and professional offices should be located and whether there is already enough to handle the needs of the area. If there is enough commercial and professional office, then the general plan does not need to be amended and the property should remain residential.

Council Member Whatcott advised that property across the street from the Red Sands Market is also zoned commercial.

Ms. Schneider commented that the homeowners in her complex are concerned because their property is 6' lower than the adjacent property in question. They all have privacy walls but if there is one home after another with two stories, this will affect their privacy and

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property values. The professional office plan previously presented by the applicant would protect them, and she was not sure the traffic would change. She advised that the properties which adjoin the project are hers and Eagle Point Drive and one home on the other side.

David West advised that the homes on Point Drive are the most affected and his biggest concern is trying to preserve the green space which the applicants have agreed to do. He stated there was confusion among the neighbors as the applicant has tried to sell his project to them by acting as if it is a PD application, or a specific plan, but that is not what is before the City Council. This is a just a general plan change and the applicant would have the right to come in later and change the plan. The plan proposed is just an idea of what the applicant might like to put in and he is not bound by discussions with the neighbors. There is nothing that would require the applicant to stick with the specific plan they showed all the neighbors in order to get their support. He stated he did not want to have big commercial buildings behind his home and higher up, but under the proposed plan the green space was preserved and he was in favor of this. Generally speaking, most of the neighbors are opposed to commercial development in general, however, if commercial designated is granted, the proposed plan would be better and more accepted than a heavy commercial use. There is a rumor going around that once the applicant gets the general plan changed, he will sell the property to a developer who cannot economically do what is proposed, and a heavier commercial use will be developed in order to make the numbers come out. The general consensus is that there is opposition to commercial development on the property.

Jeannie Frei commented that there is concern with more traffic in her neighborhood, and she has talked with many people who signed a petition against professional offices.

Chris Parker commented her concern is the Cottams have been filling in their property on the north side and have built it up really high. She suggested the City Council drive north on Point Drive and look to the east to see the huge dirt pile. She said this big dirt bank is what she envisions behind the homes enabling other homes or commercial to look into her yard.

Mayor Pro Tem Orton commented this was a sensitive issue and he did not sense the City Council was ready to take action on the request tonight.

Jim Raines, representing the applicant, stated the Jim and Linda Cottam are not developers; they are trying to get an entitlement on the land and sell it to a developer. All possible options have been looked at with regard to use and professional office is felt to be a good use. The property is unique and surrounded by multiple family, commercial, a church, and R-1-10. It is a transition piece. There are also major grade issues. There is a 12'-15' difference in grade. The plan was taken to the neighbors, but it kept getting confused with a zone change. This led to traffic discussions. Professional office generates different traffic patterns. The Corp of Engineers did a trip analysis on general AP and found the increased traffic would be insignificant in that it would be spread out throughout the business day. The Cottams did not want to spend $5,000 for a pie-in-the-sky traffic study and will let the developer do that. The Cottams do have plans, and they will take those plans to the real estate agent to look for a buyer to develop the plan. The developer will have to get the zone change. The Cottams feel this is the best use for this unique property and will provide better mitigation with the neighbors. A cross use agreement with Red Sands could probably be obtained for office use, but if the property remains residential a connection to Red Sands would not be wanted.

Council Member Allen inquired if a project could be designed so that everything is clustered with the entire outside left as green space or parking so that the neighbors aren?t affected.

Mr. Ranies replied that there are lots of options. He stated the difference between a zone change and general plan amendment is cloudy, and he was not sure the Cottams even understood it. The Cottams have been good to talk to the neighbors and have done a lot of leg work.

Council Member Whatcott commented that Howard and Val own the back 1/3 of the property in question.

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Troy Williams advised that he is Jim and Linda Cottam?s son-in-law. The back 1/4 is owned by Howard and Val and is not part of the request. Jim and Linda have done everything they can to make sure the green space will survive and the neighbors? property values remain intact.

Council Member Whatcott commented it was his understanding that Howard and Val owned more than 1/4 of the property.

Mr. Williams advised that Howard and Val are not involved in the request and they want to continue to live on their property. Jim and Linda want to sell their property and move.

Council Member Whatcott commented that a site specific plan is not the issue. The question is if the City wants commercial or administrative professional in that particular location vs. having it located on Sheffield?s property or to the south on property already zoned commercial. Once that decision is made, the Cottams can formulate their plan. He stated that he lives in that neighborhood and all the Cottams are his friends. He stated he feels Jim and Linda have good intentions, and the issue is just a matter of preference as to what the City Council sees for the City. His personal opinion is that commercial should be located on the Sheffield property, on both the west and east sides of the road, and this will create a significant pod of commercial. The property in question could be an absolutely gorgeous residential neighborhood to supplement what is already there. He stated he felt the property should remain residential.

MOTION: A motion was made by Council Member Whatcott to deny the request.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Gardner inquired if it would be possible to step the lots down to fit more closely with the flow of the land.

Mr. Raines replied that this was doable. He inquired what type of residential the property would remain. He stated that right now it was designated as Low Density Residential, and if it remained so it would not be economically feasible to maintain open space. He inquired if another type of residential use would be possible such as multiple family or higher density to offset the common area. He stated a developer was not going to put in common area in a four unit per acre development.

Council Member Whatcott commented that the property is now zoned R-1-10. When a developer comes in with a preliminary plat the City could require a development agreement or to build just one level. Those issues can be looked at and resolved in an R-1-10 subdivision. If the applicants want to increase the density, they can request a general plan amendment to medium or medium-high density because a developer will not develop a 10 acre low density project with common area.

Troy Williams advised that a residential project would require a retaining wall and that would not maximize the surrounding land values. Professional office makes good neighbors.

Community Development Director Bob Nicholson advised that 44 homes could be built on the 11 acres and they could conceivably be clustered to maintain green area. There are a lot of options with low density residential lots through clustering.

Council Member Whatcott commented that three acres have been taken away from the project. Howard and Val advise that they own plus or minus three acres.

Council Member Gardner commented that he hated to get in the middle of a family fight, but he would rather have them mad at the City Council than at each other. It is important for the family that the City Council make a decision, and he feels it would be best to have the property remain residential.

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

City Manager Gary Esplin reminded that the City Council just approved tonight an amendment to the City Code allowing flexibility in densities if the applicants want to come

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in and do a modified plan. He stated that not all high density is bad and clustering can be considered to protect the concerns of the neighbors.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held May 10, 2007.

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 Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the City Council work meeting held May 15, 2007

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held May 21, 2007.

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

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

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

The vote was unanimous and the motion carried.

The meeting adjourned upon conclusion of the executive session.



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Gay Cragun, City Recorder