City Council Minutes

Thursday, November 13,2003

NOVEMBER 13, 2003, 4:00 P.M.

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

Council Member Sharon Isom

Mayor McArthur called the meeting to order at 4:15 p.m. and welcomed all present. The pledge of allegiance was led by Scout Alan Reber, and the invocation was offered by Council Member Whatcott. Mayor McArthur invited Scout Alan Reber to introduce himself


Chad Hardy, applicant, advised that he would like to hold a weekly community street festival on Main Street from St. George Blvd. to Tabernacle for local artisans, crafters, and farmers as vendors. This would be great economic boost for the City and great for the merchants. He would like to hold the festivals on Thursdays from 6:00 p.m. to 10:00 p.m., closing the street one hour prior to give vendors adequate time to set up. Vendors will provide their own tables, tents, etc.

Lorri Kocinski-Puchlik, representing the St. George Area Chamber of Commerce, advised that Mr. Hardy has had success with street festivals in other towns.

Mr. Hardy explained that vendors will pay a booth rental fee, for a month or for the entire season, and that spot then becomes theirs. Applicants are juried weekly.

Council Member Allen inquired about licensing.

City Attorney Shawn Guzman replied that if the festival is ongoing, it could not be classified as temporary, and a business license would be needed.

Mr. Hardy explained that he has liability insurance in the amount of $1,000,000 and $2,000,000 which covers him and the vendors.

Kerry Waggoner, representing Little Professor Books, inquired about bathroom facilities, lighting, and recourse if, for instance, one of the vendors decided to sell books. She also inquired about access and flow of pedestrian traffic.

Mr. Hardy replied that he would have to see what facilities were there, but portable restrooms could be brought in. It is the vendors responsibility to light their own booths, and there are adequate power outlets along the street. At least ten feet of space between vendors will be provided for access to stores along Main Street.

Marc Mortensen, Assistant to the City Manager, advised that power is inadequate along Main Street, as there are many outlets but only a few breakers.

Community Development Director Bob Nicholson explained that during the Christmas season, all the outlets are used for Christmas lights.

Mr. Hardy commented he would like to begin the festivals in February. He explained that he has not yet searched for vendors, but has never had a problem in the past finding them.

Mayor McArthur inquired if two lanes of traffic could still be allowed on Main Street for traffic flow.

Mr. Hardy replied that this would be too dangerous.

An unidentified woman inquired why the festivals could not be held in the mall parking lot.

Mr. Hardy replied that they could be held at the mall, but this would not do anything for the downtown area of St. George.

Kerry Waggoner commented she felt the festivals would help her business.

Council Member Orton commented the City?s only interest would be if the festivals helped downtown businesses.

Mayor McArthur invited members of the audience to introduce themselves.

Ms. Puchlik commented that the College is looking at a different concept to enhance their revenue for scholarships, and feels the street festivals would be an enhancement. Palm Springs took part of their street festival licensing fees and used them for a campaign to promote the off season. She stated she felt there needed to be some sort of licensing, even if minimal.

City Manager Gary Esplin stated his concern was product mix, and he did not want to see vendors selling the same things as sold in the businesses along Main Street. Another concern is traffic, and he suggested that Tabernacle could be closed easier than Main Street, as Main Street is the main north arterial. Another concern is the time schedule, as parking is extremely critical, and if the street festivals are successful, they will impact the businesses around them with regard to parking. The festivals may be premature until the parking structure is built.

Council Member Gardner advised that the parking structure should be open by May.

Kerry Waggoner commented she would not be interested in supporting the street festivals if they were not on Main Street.

An unidentified woman representing the applicant commented that people traveling on St. George Blvd. past Main Street will see the festival and this provides free advertising. She commented she would work with all the merchants on Main Street, and while there are some conflicts, they would try to work through them. They would not bring in vendors to compete with local businesses.

Marc Mortensen commented that City concerns include traffic control, proper signage, and access to the parking garage.

Mr. Esplin replied that there would be four accesses to the parking garage. He then inquired about emergency access.

Mr. Hardy replied that typically the Fire Department requires access for emergency vehicles. Financial issues still need to be discussed, as there are costs involved.

City Attorney Shawn Guzman commented that his main concern is risk management, and he did not want to see power cords strung along the sidewalks on Main Street. With regard to insurance, if Mr. Hardy has his own corporate insurance and has several different fairs going on the same time, the amount of coverage would be inadequate. He also shared Mr. Esplin?s concerns with traffic. He stated that from the risk management end, he wanted to make sure that signage would be adequate to direct traffic around the area, and the applicant should work with the City?s Risk Manager on insurance.

Ed Baca commented that there are usually one or two police officers present at festivals of this type.

Mr. Hardy commented that this issue has not yet been discussed. If the City gives no financial support, booth fees will be increased.

Linda Carlos, representing Quality Consignment, commented she did not want to see the street closed during her business hours, but she had no problem with the festivals if they began after 6:00 p.m.

An unidentified man commented that he had no problem with closing the street, and that bringing people to the Main Street businesses is the bottom line.

Mayor McArthur commented that he was hearing a consensus to keep the discussion open, and if there is a desire, the obstacles can be overcome.

Kerry Waggoner commented she felt the benefits would outweigh the problems.

Council Member Gardner inquired why Thursday evenings were selected rather than Fridays. He commented that the City established a parking authority and part of the funds collected from the downtown businesses could be used to promote events such as the one proposed.

An unidentified woman representing the applicant replied that the wedding business along Main Street holds its weddings on site on Friday and Saturday evenings.

City Manager Gary Esplin commented that whatever is done, it should be top quality, as the City is not interested in a flea market which would detract from the downtown.

An unidentified woman commented that one merchant should not dictate which night to hold the fair as there are many more merchants that would benefit from the festivals being held on Friday nights.

Council Member Orton expressed concern that the events may be premature, and he would hate to do anything which would detract from what the City?s plans for the downtown area. He suggested that the applicant work with the City?s consultant.

Airport Manager Dave Ulane presented a power point presentation summarizing recreational uses, liability, and safety concerns at the replacement airport site. He advised that the motocross group has disbanded. The radio airplane club still uses the site, with events that attract up to 2000 spectators, most of whom camp at the site. They maintain $5,000,000 in liability insurance, however, it covers only club members of the sanctioning group. They do not charge admission, but attempt to collect a $3 donation, with the proceeds used to pay for the insurance, portable restrooms for the site, and site maintenance and improvements. They feel it is the City?s responsibility to assist them in finding an alternate site. The drag racing group has no more than 300 spectators, and have ten events a year. They have no liability insurance. They charge admission at $5 per car and use this to pay for portable restrooms and maintenance. They also allow camping overnight.

Mayor McArthur commented that the radio airplane group knows there is an urgency to find another site, and he indicated to them that the City would try

and help them find a site. The group has contacted him about next year?s schedule, and they want to make sure they can still hold the events at the site.

Mr. Ulane commented that the City could be required to mitigate its interruption of use of the site by these recreational groups, and this has not been put in the EIS scope of work. He commented there have also been conflicts between different groups using the site at the same time.

City Manager Gary Esplin suggested that a site at Purgatory be explored. The City cannot allow anyone to use its property without liability insurance.

Mr. Ulane suggested the drag racing group be prohibited from use of the site, but the radio airplane group be given another year to use the site.

Mr. Esplin commented that if the drag racing group can meet City standards, the City would have to consider allowing them to continue use of the site.

Mayor McArthur suggested a meeting be scheduled with the County to see if another site can be located.

City Manager Gary Esplin suggested obtaining from any groups using the site an agreement that they will not object to anything with regard to the EIS.

City Attorney Shawn Guzman suggested that the City send them a notice explaining that their use is temporary and that they will have to vacate the site in a certain amount of time.

Mayor McArthur commented he liked this approach, as did Council Member Gardner, who suggested that the notice also include a statement that the City is not responsible to help them find another location.

City Manager Gary Esplin recommended that this item be tabled to another work meeting.

Council Member Gardner advised he received a letter from a concerned citizen about cars pulling out on bike paths and blocking them.

City Manager Gary Esplin advised that he would respond to the letter.

A motion to adjourn to an executive session was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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

Gay Cragun, City Recorder