City Council Minutes

Thursday, November 15,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 15, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Mayor Daniel McArthur


OPENING:
Mayor Pro Tem Gardner called the meeting to order. He advised that a motion to appoint him as Mayor Pro Tem at the last City Council work meeting was still in effect and no vote was needed. The pledge of allegiance was led by Scout Brenton Bushnell, and the invocation was offered by Pastor Jimi Keston. Mayor Pro Tem Gardner invited several Scouts in the audience to introduce themselves.

Dave Mathis, representing the marathon delegation to Ibigawa, Japan, presented pictures of the trip and advised that the delegation included Gary Sanders from the City, six student representatives, a local marathon runner, winners of the St. George Marathon, a School District representative, along with spouses and friends. All had a wonderful time. He read some statements by those who went, and several students expressed their appreciation for the opportunity to be a part of the delegation.

City Manager Gary Esplin explained that the trip is paid for by revenues received from the marathon.

Children from the St. George Musical Theater presented a short song in anticipation of the Holiday Stroll event.

ITEMS WITHDRAWN/TABLED:
City Manager Gary Esplin advised that Item 3B, a public hearing to consider a request to amend the City?s General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential and Neighborhood Commercial on 22.08 acres located at the southeast corner of 2450 South Street and River Road, was withdrawn from the agenda by the owner of the property. The applicant, Rainey Homes, is no longer in control of the property. Two other items have also been tabled from the agenda: Item 5A, a resolution reconfirming the City?s sublease agreement with Washington County for the Dixie Center, and 5B, a resolution authorizing the Washington County Interlocal Agency to issue refunding bonds to fulfill an existing financing entered into in 1995.

Jason Burningham explained that the WICA board would like the City and County to take action before they take action on the bond issue.

AWARD OF BID:
Consider award of bid for disconnect switches for the Green Valley substation.

Purchasing Manager Connie Hood advised that four bids were received. The apparent low bid submitted by Cleveland was deemed non-responsive as it did not meet the required phase spacing. She recommended award of the bid to USCO in the amount of $122,437.00.

Energy Services Director Phil Solomon explained that in a substation there are three phases or conductors that sit on the structure. Cleveland?s phase distance made it such that the substation would have to be redesigned. Additionally, the City has never dealt with them before and they did not submit references.

MOTION: A motion was made by Council Member Orton to award the bid to USCO in the amount of $122,437.
SECOND: The motion was seconded by Council Member Bunker.


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

AWARD OF BID:
Consider award of bid for instrument transformers for the Green Valley substation.

Purchasing Manager Connie Hood advised there were four bids. She recommended the bid be split between ITEC (Equal Electric) and AREVA in order to obtain a price advantage, in the amount of $72,696. The providers are willing to split the bid.

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

Council Member Whatcott commented that it appeared two different suppliers offered the same type of equipment.

Ms. Hood replied that ITEC is Equal Electric and is the manufacturer?s representative.

Energy Services Director Phil Solomon explained that ITEC is the model or brand and Equal Electric represents that brand. Codale represents AREVA. ITEC is the brand of transformer and the City cannot go directly to them to purchase the transformers. The City has to purchase them through Equal Electric.

AWARD OF BID:
Consider award of bid for power circuit breakers for the Green Valley substation.

Purchasing Manager Connie Hood advised that four bids were received. She recommended award of the bid to AREVA in the amount of $185,000. It has been determined that only four breakers were needed, so the bid was adjusted to remove one breaker.

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

AWARD OF BID:
Consider award of bid for a 1 ? ton Ford pick-up truck for the Wastewater Treatment Division.

Purchasing Manager Connie Hood advised that a request for bids was sent to all fleet dealerships. Champion Ford submitted the low bid, but it was within 5% of the bid submitted by St. George Ford, a local dealer, and St. George Ford agreed to match the price of $28,541.

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

AWARD OF BID:
Consider award of bid for large pipe and supplies for yard stock replenishment.

Purchasing Manager Connie Hood advised that requests for bids were sent to four suppliers, but only Southwest Sales and Cutler Pump responded. She recommended award of the bid to the low bidder, Cutler Pump, in the amount of $35,071.87.

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

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Page Three

VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.
AWARD OF BID:
Consider award of bid for PVC pipe supplies and parts for 1465 North Street repairs.

Purchasing Manager Connie Hood advised that only three suppliers offer the product needed. She recommended award of the bid to the low bidder, Ferguson, in the amount of $30,707.44.

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

AWARD OF BID:
Consider award of bid for various pipe parts and supplies for 1525 North Street repairs.

Purchasing Manager Connie Hood advised that three local and state suppliers submitted bids. She recommended award of the bid to the low bidder, Mountainland Supply, in the amount of $31,793.67.

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

RESOLUTION:
Consider approval of a resolution of the City Council of the City of St. George, Utah (the ?Issuer?), finalizing the terms and conditions of the issuance and sale by the Issuer of its Sales Tax Revenue Bonds, Series 2007 in the aggregate principal amount of $24,755,000 (the ?Series 2007 Bonds?); awarding and confirming the sale of said Series 2007 Bonds; authorizing the execution by the Issuer of a bond purchase agreement, a second supplemental indenture of trust, and other documents required in connection therewith; ratifying the preparation and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters.

City Manager Gary Esplin explained that the resolution will authorize sale of sales tax revenue bonds for street projects in the amount of $24,755,000. The streets projects include Mall Drive, the Dixie Center frontage road, a portion of the match for the Southern Parkway, airport roads and parking at the airport. The term is ten years. This is a private placement with the Bank of America. The rate is 3.84%. A private placement allows the City to avoid insurance costs, issuance costs, and other related expenses. The bonds are callable at any time, and it is a good deal for the City. He explained that even though the bonds are sales tax revenue bonds, other revenue sources will be used to pay them back such as the quarter cent sales tax, some economic development agency funds that come from the Dixie Center and Ft. Pierce Industrial Park, Class C road funds, etc.

Jason Burningham explained that in essence a direct placement provides flexibility with respect to repaying the bonds early. He presented the final pricing report to the Mayor Pro Tem and City Council and reviewed it. He advised that a debt service reserve fund is not needed, is a savings compared to a public market transaction, and saves approximately $30,000 to $40,000. The intent is to use other revenue sources to make the debt service. If approved, closing will be held on November 28 when the proceeds will be delivered and available for construction of the projects.

Council Member Orton inquired if the interest rate was locked in.

Mr. Burningham replied that it was.

MOTION: A motion was made by Council Member Whatcott to approve the resolution.

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November 15, 2007
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SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting new dog license fees.

City Attorney Shawn Guzman distributed a new Exhibit ?A? and advised that the revised exhibit provides for a late fee after February 28. The licenses expire December 31. The late fee proposed is $5 per month with a cap or $20 per license.

Finance Director Phil Peterson advised that it has been a number of years since the fees were increased and what precipitated the change is the increase in postage. It is proposed the license fee for spayed and neutered dogs be raised from $5 to $10, and non-neutered from $10 to $20.

Council Member Orton inquired why the late fee should be capped.

City Attorney Shawn Guzman replied that there are a lot of unlicensed dogs, and staff is trying to encourage everyone to license their dogs without such an onerous late fee that they will not come in to get one.

Council Member Orton inquired about licensing cats.

Mr. Peterson replied that he could not find anyone who licensed cats. There are a few cities who register them, but it solely for the purpose of returning lost cats to their owners.

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

Council Member Whatcott inquired about the impetus for the fee increase and commented that postage only went up three cents.

Mr. Peterson replied that he has been with the City for 27 years and the license fees have been the same for that length of time. The City has increased costs, including the animal shelter.

VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman commented that the City gives a two month grace period before imposition of the late fee.

Mayor Pro Tem Gardner announced that Item 3B, a public hearing to consider a request to amend the City?s General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential and Neighborhood Commercial on 22.08 acres located at the southeast corner of 2450 South Street and River Road, was withdrawn from the agenda.




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PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of an amended final plat for Stone Cliff Townhomes Plat C located at 2240 East and 1800 South in the Stone Cliff project. Reid Pope, agent.

Todd Jacobsen explained that the applicants adjusted the lot line on Lot 3 and in the process adjusted the common area and easement, and also combined Lots 4 and 5 and eliminated an easement.

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

Council Member Bunker inquired why not all the consents were obtained.

Mayor Pro Tem Gardner replied that sometimes it is hard to track down everyone.

Mr. Jacobsen replied that most of the consents had been obtained, but no one was against it.

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

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of amendments to Title 10, Chapters 5 and 7A, St. George City Code, to add ?child nursery? as a conditional use permit in the Residential Estates and Agricultural zones.

City Planner Ray Snyder explained that the purpose of the ordinance amendment will allow single family uses in the Agricultural and Residential Estate zones, providing for a conditional use permit for a child nursery.

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

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

The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendments to Title 10, Chapters 7C and 8, St. George City Code, to reduce the minimum separation between two story residential buildings from 15' to 10' where common area separates the buildings in the Multi-Family Residential and Planned Development zones.

Community Development Director Bob Nicholson explained that the applicant is Bush and Gudgell. They are requesting an amendment to City Code to allow increased flexibility.

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

Mr. Nicholson advised that staff does not have any concerns. The Planning Commission recommends approval.

Council Member Bunker commented that 10' was rather close.


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Page Six

Mr. Nicholson replied that others have done it, and it is more common in the new urbanist projects.

City Manager Gary Esplin advised that the City is also looking at doing this downtown.

Council Member Allen inquired about the 3' fence requirement.

Mr. Nicholson replied that a fence up to 3' is allowed and if there is a grade separation between buildings. He recommended the 20' separation requirement for three story buildings above grade be retained.

Council Member Whatcott commented there was not a lot of difference between a two and one half story building and a three story building.

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

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

The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment to Title 10, Chapter 19, St. George City Code, to add provisions for garages to be accessed via a 20' wide rear alley.

Community Development Director Bob Nicholson explained the amendment will allow other zones to have provisions for alley access, and not just the TND zone. This is an effort to add flexibility to the zoning code.

Council Member Whatcott inquired if the City would be in jeopardy of creating problems similar to those in the inner city where there was not enough setback from the garage and nowhere to park.

Mr. Nicholson replied the 5' setback will accommodate the turning radius from the alley into the garage, and staff felt this was adequate.

Council Member Whatcott commented that cars that do not pull into the garages will block the alley.

Mr. Nicholson commented this would be a major problem.

City Manager Gary Esplin commented that this would be enforced by the HOA and not the City. This concept, however, seems to work as staff has seen several projects like this throughout the country such as the Kentlands.

Community Development Director Bob Nicholson advised that enforcement is the key. If homes front on a public street and the garage is served by an alley, and for some reason the garage does not accommodate two cars, there is typically enough room to park on the public street. If a dwelling fronts on a private street, the alley provision will not work unless the private street meets the public width standards in order to accomplish parallel parking in the event the garage is not available.

Council Member Bunker commented that some of the projects seen front on common green area.

Mr. Nicholson replied that the green courts front public streets. It would not matter if the homes front on green courts as long as the street in front has a certain width to accommodate parallel parking.

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

MOTION: A motion was made by Council Member Whatcott to approve the amendment by ordinance.
SECOND: The motion was seconded by Council Member Orton.

Council Member Whatcott inquired if the Fire Department made a recommendation.

Mr. Nicholson replied their recommendation was included in the notes.

VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:

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

The motion carried.

ITEM WITHDRAWN:
Mayor Pro Tem Gardner again announced that Item 3B, a public hearing to consider a request to amend the City?s General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential and Neighborhood Commercial on 22.08 acres located at the southeast corner of 2450 South Street and River Road, was withdrawn from the agenda.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment to Title 10, Chapter 7C, St. George City Code, to add provisions to allow detached homes on building pads with common area in a Multi Family Residential zone.

Community Development Director Bob Nicholson explained that the City?s current code says detached homes shall have a minimum 6,000 sq. ft. lot area, which is fine in a conventional subdivision. The proposed amendment allows more flexibility in the multi-family zone and will apply only to projects where the individual building pad is surrounded with common and limited common area.

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

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

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

The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amended preliminary plat for The Flats at South Pointe with 75 detached and attached housing units on 7.06 acres located at 2750 East on 450 North. Linda Kirkpatrick, applicant.

City Planner John Willis advised that the subject property is adjacent to Pine View High School and the Springtree Garden Homes. The property is zoned R-3. The phase density is 10.62 units per acre. Streets consist of 29', 30' and 33' private drives and a 20' alley. The preliminary plat was previously approved for a 94 unit townhome project. The applicant now proposes 75 units, some detached and some attached. The Planning Commission recommended approval on a five to two vote subject to the following recommendations:




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1. The project does not meet City ordinances with regard to building separations, setbacks for garages from an alley, and building pads with common areas. Any approval given should be subject to those ordinances being amended by the City Council.
2. 17 units front 450 North, thus eliminating a need for a wall. Access for these units will be from a 20' private alley. 450 North is a collector street that connects 2450 East with 3050 East.
3. There are 75 units and 14 visitor parking spots throughout the project.
4. It is recommended that all units be elevated at least 18" above grade to help with the design.

5. The development should share 16% of the cost (approximately $20,000) of placing a traffic signal at the intersection of 450 North and 3050 East.
6. All signing and striping shall conform to the City of St. George and MUTCD standards.

Mr. Willis advised that since the property is adjacent to a high school zoned Single Family Residential, a solid fence is required.

Council Member Whatcott inquired if 450 North would accommodate parking.

Community Development Director Bob Nicholson replied that staff has looked at this and in his opinion it does accommodate parallel parking. The minimum width is 66' and this is how the roadway is built today. As the road gets busier, however, parallel parking will become more complicated.

Mayor Pro Tem Gardner opened the public hearing.

Jim Raines, Bush and Gudgell Engineering, representing the applicant, advised that it was important to note that the original plat had 94 units and the new one has 75. Detached units will meet the market demand as there is a glut of townhomes on the market now. The new architecture works better and the project has walkability and is neighborhood friendly. The applicant proposes to develop the project is three phases, and if market demand is still there, all within one year. The first phase will include a Home Show home. There is an agreement to build all of 450 North. The applicant?s understanding is that she will build both sides of the road per phase. She is not saying she will build all of the road in Phase One. When she builds the phases, she will build both sides of the road, not just her half of the road.

Council Member Orton commented he thought the road would be completed all at once and not in phases.

Mr. Raines replied that the applicant cannot obtain the funds to build all of 450 North. Her intention is that it will be built in a year, but the cost burden cannot all be put on three single family detached homes and eight or nine attached units.

City Manager Gary Esplin advised that when this project was originally approved the agreement was that the entire street was going to be built. If the applicant is talking about changing that approval and considering a new proposal, there will have to be a discussion on the preliminary plat approval process. The intent is to get the road completed as another access out of that area.

Mayor Pro Tem Gardner commented that the discussion of the other night did not differ in that the rest of the project would proceed immediately, and in the next phases the applicant would do the road. The question came up because of the Home Show home and did the entire road need to be done for that particular phase. The commitment was that as the applicant finished the project, the road would be done, as it would have been done under the previous agreement.

Council Member Orton commented that this would allow homes now without all the road being completed.

Mr. Raines commented that the applicant will build one section of 450 North per phase, both sides of the road. Her intention is to build all three phases of the project within market demand.

Council Member Whatcott commented this was not his understanding.


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City Attorney Shawn Guzman stated that he has had several conversations with the applicant. She will say that the original proposal was to finish 450 North to 2720 East, both sides of the street. However, circumstances have changed for her financially and she is asking for approval to do it differently. It was not her understanding that she was being allowed to phase this road from the very beginning, but staff has said they will allow her to finish that portion of the road to the Home Show home with the understanding that before any other permits are pulled, she will have to finish improvement of 450 North to 2720 East, or bond for the improvements.

Mr. Raines commented it was his understanding that the project would be built in phases, just like any other project. The difference is that the applicant has agreed to build both sides of the road per phase, rather than just her half of the road.

City Attorney Shawn Guzman commented that when the City Council approved narrowing the width of the road, it was upon presentation made to them that the full width of the road would be completed to 2720 East.

Council Member Whatcott inquired when no more permits would be allowed to be pulled - during the first phase, or second or third.

City Attorney Shawn Guzman replied that he told the applicant the project could not be phased. It had to be completed as one complete project as proposed in the first preliminary plat. However, staff will allow her to build one Home Show home and any additional models for the Home Show, but any subsequent permits in that subdivision would require all improvements to be completed. There is no need for the applicant to do phases.

Mr. Raines advised that the applicant also has an issue with the 18" elevation requirement recommended by the Planning Commission. An 18" elevation is fine for a typical TND porch, but the applicant would like the ability to build something more southwest with a courtyard, which is a landscape element, for walkability and interaction with neighbors. A courtyard is a yard element, not an elevated porch, and would not benefit from an 18" step. He stated an 18" elevation would also prohibit handicapped accessibility.

Council Member Whatcott inquired if the 18" would be in addition to the foot elevation above the roadway.

Mr. Raines replied there is a normal 2% increase in elevation grade, and the 18" would be in addition to this. A courtyard should be closer to grade level. The applicant requests that the 18" requirement apply only to porches and not courtyards.

Linda Kirkpatrick, applicant, commented that the City Attorney was correct in many of his statements. The original request was for 94 townhomes, however, well into that discussion there was some consideration on the part of staff to look into alternate designs. She also became aware of the need for affordable housing and detached homes with backyards. She thanked the wonderful planning staff for their willingness to listen and be innovative. The designs range from 1400 sq. ft. to over 2500 sq. ft. Because of the number of babyboomers who are taking care of aging parents and the attached expense, some of the units have been designed for guest quarters on the main level with access to a private bathroom. Flexibility is desired so that wheelchairs can access the homes without having to navigate stairs. She advised that the economic situation with builders has severely changed and she asked for permission to proceed with the project on a reduced status. When a builder signs a contract with SUHBA for a Home Show home they guarantee that all the improvements for the location are done in entirety.

Mayor Pro Tem Gardner commented that if the applicant was allowed to phase the project, this would meet SUHBA?s requirements.

Ms. Kirkpatrick commented that utilities, roads, curb and gutter, and sidewalk for the phase would have to be completed, and due to timelines and weather restrictions, time is of the essence. She stated she would like to phase the project in order to meet commitments and because of the economic hardship she is experiencing. She stated that building 450 North to the total width is a better way to build the road, but with that comes a huge monetary commitment. She stated she felt the Home Show home would provide a showcase for an untraditional design, and allowing the phasing would alleviate concerns from the City Council and neighbors to better market the homes. If she put all of 450 North in now, grading for utilities and sewer, etc. would still have to be done and heavy equipment moved into the

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area and the new asphalt cut. She stated she would commit to a timeframe when 450 North will be done in its entirety, but requested additional time due to weather. She asked the City Council to consider phasing the project with a timeframe for completion of the road.

Council Member Orton commented that the City Council was in agreement to help Ms. Kirkpatrick so she could build her Home Show home, but he has understood from the start that 450 North would be completed the full width all the way to 2720 East.

Ms. Kirkpatrick commented that she is now asking the City Council to consider phasing with a timeframe for completion. She stated she was willing to go on public record that within nine months after she receives an approved set of construction drawings, the road will be completed in its entirety.

Council Member Bunker inquired about the possibility of a bond to assure completion of the road.

Mayor Pro Tem Gardner advised the City would have leverage on the permits.

City Attorney Shawn Guzman replied that the City would not have leverage on the permits because until the applicant came in for Phase Two, she would not be required to continue 450 North. There would have to be some other security offered.

Council Member Whatcott commented his own personal opinion is that the first phase of the project will not affect anyone, but when the applicant begins Phase Two or Three, there will be 45-50 homes, all with only one access. In his opinion 450 North should be finished as part of the first phase before the second phase is begun, all the way to 2720 East.

Ms. Kirkpatrick advised that the first phase will have only three homes.

Council Member Whatcott commented that staff said they will allow her to pull permits for the Home Show, and even in the first phase she will have to finish 450 North. There will not be much effect on traffic going back to 3050. In his mind the Council is now talking about permits for the second and third phases. When the applicant gets ready to begin the second phase 450 North must be completed - the instant the second phase is started.

Ms. Kirkpatrick inquired of the City Council if they would be amenable to moving the phase line to the west due to economics.

Council Member Whatcott commented that this would not solve the problem of having two accesses unless 450 North was taken all the way to 2720 East.

Ms. Kirkpatrick replied that the additional homes would give her the viability to make this happen, as the first phase contains only three homes.

City Attorney Shawn Guzman advised that the first phase also contains the townhomes.

Ms. Kirkpatrcik agreed that she would not do the townhomes until after the Home Show. If the boundary line was moved slightly to the west and included 17 homes, this would give her the economic viability needed.

City Attorney Shawn Guzman inquired if this included 17 homes and the townhomes.

Ms. Kirkpatrick replied no, she would be willing to build 17 detached homes and not pull the permits on the 10 townhomes.

Council Member Whatcott inquired of Ms. Kirkpatrick why the townhomes were included in the first phase.

Ms. Kirkpatrick replied that she has to build the road from the bottom up as there is no other way to do it.

City Attorney Shawn Guzman advised that the applicant came forward with a proposal to finish the roadway in exchange for narrowing the roadway, and the City Council said okay in exchange for the roadway being completed to 2720 East. The applicant is now saying that due to some conditions, she wants to phase in the project and road. It is confusing to say that the townhomes are not included as they have to be included. He advised that he and

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Matt Loo visited with Carol Sapp about this project and talked about the City allowing Ms. Kirkpatrick to not complete the roadway all the way to 2720 East, even though it is included in this plat, just so she can get into the Home Show. It seemed that SUHBA did not have a problem with that, notwithstanding the contract.

City Manager Gary Esplin advised that a public hearing was held on the original plat and a lot of residents expressed concern about when 450 North would be completed. One of the conditions set by the City Council was that the road would be built. Subsequent to that, the City Council allowed the street to be narrowed to 66'. The City Council felt that 450 North was needed for a second access before more traffic is added to the area. While staff understands the market has changed, that was the intent of the City Council.

Mayor Pro Tem Gardner commented there were sensitivities that needed to be looked at. All goes back to the question of how to get the road in. He suggested that the matter be clarified.

Jim Raines explained the applicant is requesting that phase one be expanded to include 17 detached units. The townhomes will be done in a separate phase. If the applicant can get 17 units in the first phase, she will then build the entire length of 450 North with phase one.

Ms. Kirkpatrick advised this was not correct.

Mr. Raines clarified that Ms. Kirkpatrick would commit to nine months to build the rest of 450 North.

Council Member Orton inquired if a bond would be required.

Mr. Raines replied that at some point the City could withhold building permits.

City Attorney Shawn Guzman clarified that withholding a building permit does not guarantee any improvements will be done. These are two different things.

Council Member Allen inquired of Ms. Kirkpatrick if she was proposing the project be built in two phases.

Ms. Kirkpatrick replied this was correct.

Council Member Orton commented he did not think the City Council could consider a proposal different than that listed on the agenda.

City Attorney Shawn Guzman replied that the City Council can set conditions and do so through a development agreement saying that the improvements will be completed in the second or third phases. A development agreement will be required in any event because the City agreed to narrow the road if the applicant built the full width.

Mayor Pro Tem Gardner restated for clarity that it is suggested 17 units be included in Phase One, with the line on the map moved four units to the west.

City Attorney Shawn Guzman advised that the unit numbers should be identified for the record.

Mayor Pro Tem Gardner clarified that Phase One would include 17 units and no townhomes. 450 North would be completed to the full width as far as the phase line, and under the next phase the remainder of the rod would be built to 2720 East.

City Attorney Shawn Guzman requested that at the time the motion is made, the unit numbers be included.

Mayor Pro Tem Gardner opened the public hearing.

Kevin Anderson, representing the applicant, stated the applicant is not trying to be a problem. The problem is that 450 North does not exist. The City would like it to go in, as well as the neighbors and applicant. Instead of being the problem, the applicant is the solution. She will put in 450 North all the way based on the discussion that has already occurred. This gets 450 North built in a relatively fast period of time, nine months, whereas the applicant would not be able to afford to do it and her development can move forward. Otherwise, she

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cannot afford to do it, the development will not go forward, and the City will not get 450 North Street. The world has changed since the prior preliminary plat was approved, and this is a new product recognizing these circumstances. The prior proposal was a single phase plat - this is a three phase proposal, although the applicant is willing to take it down to two phases as suggested by the Council. The applicant has been willing, in return for approval and fast tracking, to dedicate the roadway as opposed to having the City purchase the right-of-way. The City previously offered to buy the right-of-way from her. She will now dedicate a 66' right-of-way and pave the full surface at her expense. This is not a situation where she has been given favor after favor; she is stepping forward and offering to be the solution. Should the City require her to comply with the road ordinance, there is no ordinance that requires the entire stretch of road to go in with the first phase. With regard to the 18" elevation issue, it was recommended from a purely aesthetic standpoint. The applicant?s view is that requiring 18" is not necessarily the only or best way to go. Flexibility is good in this instance. Utah Code, Section 10-9A-509 provides that an applicant is entitled to approval if the application conforms to law and the fee is submitted. In this instance to impose the 18" requirement not provided for in City code would not be consistent with state law and in fact would violate it. The City does not have the discretion to force the applicant to include an 18" elevation.

David Chase stated he supported the developer?s proposal as it is a solution to a problem and will help to alleviate traffic concerns. He stated he supports the style of the project and that it will be a benefit to the community and is aesthetically pleasing. He stated he agreed with phasing the project as long as the time period is stipulated.

Ed Baca inquired how the 16% contribution toward the traffic light was reached.

Jay Sandberg replied that it was based on the volume of traffic at the intersection with 3050 East and the traffic engineer?s projections. 16% came from the original study, so it could perhaps be adjusted slightly and may go down. It is not an arbitrary number.

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

MOTION: A motion was made by Council Member Allen to approve the plat in two phases, with a development agreement, and with the phasing as drawn on the map which includes 17 single family units. The applicant will complete the full width of the road in the first phase, and complete it to 2720 East in the second phase. The 18" recommendation is not part of the motion.

City Attorney Shawn Guzman requested that the unit numbers be specified.

Council Member Orton inquired if the motion included the stipulation that the road be fully completed in nine months.

City Manager Gary Esplin commented that without a bond, the City would have no security that the road will be built. If a time period is put on it, there has to be some way to enact it. He recommended that either cash or bond or letter of credit be provided, as those are the options allowed in the ordinance. There must be some security that the improvements will be done.

City Attorney Shawn Guzman advised that the best security is a bond if a time certain is imposed. It is up to the Council to decide if it wants to put a time certain on the road or tie the improvements to the next phase.

AMEND MOTION: Council Member Allen amended her motion to tie the full improvement of 450 North to the second phase, along with a timeline for completion of nine months.

Mayor Pro Tem Gardner advised the motion had to include one condition or the other, not both.

CLARIFY MOTION: Council Member Allen clarified that her motion included the stipulation that the full improvement of 450 North be completed in nine months.

Council Member Orton inquired if a bond would be required.



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City Attorney Shawn Guzman advised that if the City Council wants to assure performance in nine months, the surety would be a bond. Otherwise, there would not be any security in order to enforce completion of the road in that time period. If the Council wants to tie completion of the road to the rest of the project, the Council can say that any subsequent phases will require the road be built at that time to 2720 East from the first phase.

CLARIFY MOTION: Council Member Allen clarified that her motion included a nine month time period for completion of the road and the requirement of a bond.
SECOND: The motion was seconded by Council Member Orton.

Jim Raines commented that the applicant would prefer to have a development agreement requiring that Phase Two will be submitted nine months from the start date and would agree that in Phase Two the road will be completed in nine months. A bond could be posted between now and the nine month period but the applicant can continue and will submit Phase Two under the the development agreement.

City Attorney Shawn Guzman clarified that the applicant would post a bond in nine months.

Mr. Raines replied this was correct - the applicant would submit Phase Two and post the bond in nine months.

City Manager Gary Esplin inquired what would happen if the applicant did not build the road in nine months but the houses were built and there was no access.

City Attorney Shawn Guzman replied that the applicant would not be able to proceed with any other phases without completing the roadway or posting the bond.

Mr. Raines advised the applicant would like to tie the bond to Phase Two so it does not encumber Phase One, but she is willing to agree to the same time frame.

Linda Kirkpatrick clarified that Phase One will contain 17 single family detached units. Prior to any building permits for Phase Two, all of 450 North will be completed.

Council Member Bunker commented the applicant agreed to a time frame of nine months.

Ms. Kirkpatrick replied she was okay with that time frame.

Council Member Bunker commented that some assurance was needed that the road would be completed in nine months.

City Attorney Shawn Guzman clarified the two conditions. The applicant is agreeing to nine months and will construct the road within nine months. She is also agreeing that she will not be able to pull any permits or move forward with any other phase of the project until the road is done. She will present a bond for completion of the roadway so she can move forward. The City will record it, and the applicant can then proceed. The applicant will post a bond in order to record without having the roadway completed. A development agreement will also be recorded, and the property will be encumbered by the agreement. The applicant is proposing that she not post the bond today, but will agree to complete the roadway within nine months by a development agreement. If during that time she cannot complete it, she cannot move forward with Phase Two unless she posts a bond to complete the roadway, and if that nine month period expires, she cannot record the plat. The Council can ask on top of that for a bond in the future if that nine month period has come and she does not do Phase Two. The Council just needs to decide when it wants the roadway completed.

City Manager Gary Esplin stated he felt the issue was being confused. All that is needed is a simple bond for the road. This can be delayed for a few months if the Council wishes. But once the City Council gives up its rights as part of the second phase, and the first phase is built without the road completed, the property would have to be foreclosed on, sold, and the City would have to put in the road. A condition of the original approval was that the road be completed in that phase. There was a public hearing and action taken. The second phase could be done five years from now. The only way to resolve this is to approve the first phase for 17 units and require a bond for completion of the road in nine months.

Council Member Allen inquired if the bond could be delayed a few months.

Mr. Esplin replied it could as along as it was within the nine month window.

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Council Member Allen inquired about staying within the nine month time frame but delaying the bond until March 1.

Council Member Orton replied that this would not delay the road - it would still have to completed within nine months.

Council Member Whatcott inquired what would happen on March 2 if the bond was not posted by March 1 and construction had already begun.

City Manager Gary Esplin replied there would be a problem.

City Attorney Shawn Guzman replied that the applicant would not be able to record the plat without the bond.

City Manager Gary Esplin stated there has to be a bond for the first and second phases.

Mayor Pro Tem Gardner commented that nothing would be accomplished by requiring the second bond.

Council Member Allen commented that if a bond is required for the first phase, the applicant will miss the Home Show as it takes time to get a bond in place.

Carol Sapp, representing the Southern Utah Homebuilders Association, commented that there seemed to be a perception that the Home Show is putting pressure on the City, and this is not the case. SUHBA has been working with the City to try and resolve these issues so they do not happen. The Home Show should not be a determining factor in this decision.

AMENDED MOTION: At this point Council Member Allen amended her motion to add that the applicant had until March 1 to obtain her bond.

City Manager Gary Esplin commented that the purpose of the bond is to get 450 North completed. If March 1 comes around and the applicant cannot obtain a bond for the second phase, the City will have already issued permits for the first phase. If the goal is to make sure 450 North gets completed as part of the project, then a bond should be place before a building permit is obtained.

WITHDRAW SECOND: Council Member Orton withdrew his second.

SUBSTITUTE MOTION: A motion was made by Council Member Orton to approve the project with a bond for all improvements of the road. The road is to completed within nine months. The 18" elevation recommendation is not required. The bond is required to be in place in accordance with City ordinance.

Staff clarified that per ordinance the bond is required to be in place when the final plat is recorded. The bond must be in place in order to get the building permit.

SECOND: The motion was seconded by Council Member Bunker.

Linda Kirkpatrick advised that she did not have the ability to bond for improvements in the entire subdivision.

Council Member Orton replied that he made the motion because that was the agreement originally made. The applicant agreed to complete both sides of the road because the City agreed to narrow the width.

City Attorney Shawn Guzman advised he understood the motion did not include phasing of the project.

Council Member Orton clarified that with a bond the applicant can go ahead and build the entire subdivision and eliminate phasing. This is the City?s way of guaranteeing that the road will be built.

Jim Raines inquired if the bond was for improvement of all 75 units.

Council Member Orton replied the bond was just for the roads.

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Ms. Kirkpatrick commented that what Council Member Orton is proposing is not doable and there is not enough time to put in all the improvements.

Council Member Orton clarified that the bond is just for the roadway improvements and not the project.

City Attorney Shawn Guzman clarified that the project is approved as one project, without any phasing.

Mr. Raines replied that the project is still phased. One bond is required for the entire Phase One and another bond is for 450 North and 2720 East.

Council Member Orton advised the applicant has nine months to complete the improvement of 450 North to 2720 East. She is simply bonding for road improvements and Phase One.

Council Member Whatcott commented that the applicant can build 17 detached units and all she has to do is bond for the road. The City did not suggest the nine month time frame - the applicant did. The City has enhanced her ability to build and all it is asking for in exchange is a bond to get the road completed within nine months.

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

Mayor Pro Tem Gardner called for a break.

PUBLIC HEARING/CDBG PROGRAM:
Public hearing to consider public comment on the Citizens? Participation Plan for the Community Development Block Grant program.

David Bates advised that HUD requires that the City redo its citizens? participation plan. The City has a five year consolidated plan which identifies needs of community, an annual action plan and a consolidated annual evaluation report to meet the goals of community.

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

PUBLIC HEARING/IRB BOND:
Public hearing regarding the intention of the City of St. George, Utah, to issue Industrial Revenue Bonds to be used for the acquisition and/or construction of a manufacturing facility including equipment and related facilities for Young Electric Sign Company, or any related company (the ?Project?); authorizing the issuance and sale of such bonds in the principal amount of not to exceed $6,000,000.

This item was tabled.

ORDINANCE:
Consider approval of an air quality ordinance.

Bill Swensen introduced Southern Utah Air Quality Task Force member and presented a power point presentation on the purpose of the ordinance, project information signs, activities occurring within 100' of sensitive areas, hauling materials on public roads, standards fo maintaining work sites, high wind contingency measures, and the air quality task force. He advised that he has distributed a handbook on fugitive dust control to contractors. He then clarified changes in wording in the ordinance on fines, time of day restrictions, and prohibiting use of water on paved roadways. He explained that a gravel pad is now required, but it pounds in quickly. Another solution is to spray off the trucks before they go out onto the streets, or use of a wheel washing system. The key is preventive planning.

City Manager Gary Esplin advised that newer trucks have covers to cover their loads. He inquired if the older trucks could be modified.

He suggested that perhaps a grace period could be added to make the covers standard on all trucks.



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Council Member Allen inquired if Mr. Swensen had conversations with Mohave County about the dust created at the mine.

Mr. Swensen replied that he had, and although they are doing a good job, they could do better.

Jay Morris, Utah Division of Air Quality, advised they visited the Mohave County mine site two weeks ago and met with representative from the Arizona Division of Air Quality. They have spent a lot of money on dust control and have put in some new crushing equipment. The biggest issue is their unpaved roads. They are drilling a well or two and are in the process of getting approval to have the water piped to the site. This will solve a lot of the dust seen from St. George.

Mayor Pro Tem Gardner suggested that a good portion of the City?s dust problem is initiated from the Mohave County site.

Mr. Morris advised that they agreed that when there is a storm front, they will not blast, or if there are prevailing winds toward St. George, they will take this into consideration.

Mayor Pro Tem Gardner advised that Arizona?s air standards are not as stringent as Utah?s.

Council Member Orton inquired if roads to the Arizona mine would be oiled.

Mr. Morris replied that they did not mention this. They said the round trip for the water truck was ten miles each way, and this significant fugitive dust source will be eliminated when the water pipeline is completed. It should be done in six to eight months. It is being held up now by the BLM and the environmental impact assessment.

Bill Swensen advised that the City?s threshold for dust emissions is at a max right now, and modeling shows it at near capacity.

Linda Lang, a resident of Sedona Hills, advised the unpaved streets in her area create a dust problem.

City Manager Gary Esplin explained that the City previously proposed a special improvement district in this area, but the property owners would not agree to it. When the area was annexed the City accepted the condition of the streets. The solution is to create an SID, but it is the obligation of the property owners to put in a serviceable road in front of their homes, and then the City will maintain those roads. Taxpayer dollars are not used to make improvements to streets fronting homes, as this would be double taxation. Subdivision owners pay for the improvements, and then the City maintains them.

Jim Able stated he felt the proposed ordinance is a step in the right direction if it has some teeth. He advised that while some of the big contractors and rock crushing plants are on board, the smaller subset of independent contractors are not.

Mayor Pro Tem Gardner advised the ordinance would be enforced across the board.

Mr. Able stated there are 100,000 people in the community and suggested that phone numbers be required on the back of trucks to report non-compliance with covered loads,

Mr. Swensen advised the Task Force talked about this, and perhaps an oversize bumper sticker could be designed for this purpose.

Ron Axton, a resident of Meadow Valley, advised that 2800 South is a continuous dust bowl. He inquired about a time limitation for completion of a construction project.

Mr. Swensen replied that City Code dictates that owners must maintain their sites.

Rod Ohwiler, a resident of the Knolls, expressed surprise that the fines were being reduced and encouraged high fines.

City Attorney Shawn Guzman replied that the City had to come into compliance with State law, and can only charge the fine allowed for a Class B misdemeanor. Higher fines can be charged for repeat offenses.


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Mr. Swensen clarified that a warning is not a first offense.

Ron Tremaia, a resident of the Knolls, advised he was elected Treasurer of the Task Force. He thanked members of the Task Force and advised that everyone has contributed to what is being done. Somewhere in the neighborhood of $3500 has been collected from contractors who have been helping put together this ordinance. From the standpoint of the contractors buying into the ordinance, it is a start, but there must be rules that can be enforced. Right now there are no basic rules needed to maintain air quality.

Dawn Woodward, a resident of the Knolls, advised that in addition to the dust, she has a problem with the asphalt companies and PM 10. Gypsum mining is also a known carcinogen, and it should be covered rather than leaving it in an open area.

Andy Archibald, a resident of Meadow Valley, advised that the source of the dust appears to be traffic. Also, dual trailers take up the majority of the streets forcing private vehicles to drive on the dirt, creating dust. He stated these big trucks continually use residential streets. He expressed concern that large parcels are being graded for development, yet the market is down, and homes may not be built on the parcels for years and the homes in the area will face terrible dust conditions for years. He asked that more teeth be put into the ordinance.

Ed Jones, a resident of Little Valley, requested more law enforcement in the area due to the traffic speed which causes the dust to fly.

Dale Jones advised that he lives above the Ramada Inn on the cliff and has a good view of the south valley. He stated he was glad he didn?t live there as there is a constant haze. He suggested the dust is not caused just by construction but it appeared some industrial businesses in the Ft. Pierce Industrial Park were putting out a lot of dust.

Susan Frazier, a resident of the Knolls, suggested that additional staff be hired to assist Mr. Swensen.

Bob Rotham of Western Sun, advised that he chaired the Task Force. He stated he was speaking for some of the contractors and developers who did not get to see the final draft of the ordinance until late Friday. He suggested that bonding be eliminated, and clean rock instead of washed rock be allowed for the pad, and only 2" be required instead of 3". He suggested the City offer some leeway until March or April on covered loads so that everyone can get into compliance.

City Manager Gary Esplin suggested three months for compliance on covered loads.

Mr. Rotham stated that sometimes water is the only way a street can be cleaned, and the City should look at accepting this as part of the permit.

Mr. Esplin inquired if there was enough discretion in the ordinance to let the Enforcement Officer make some calls.

City Attorney Shawn Guzman replied that there was. He stated that language could be added to provide discretion to eliminate bonding.

Mayor Pro Tem Gardner inquired why both a permit and bonding is required.

Mr. Guzman replied that bonding could be required after a first offense, for instance.

City Manager Gary Esplin advised that the requirement for washed rock can be removed from the ordinance and replaced with good, clean rock.

Council Member Orton inquired about reducing the depth of rock needed from 3" to 2".

Mr. Swensen replied that this was reasonable.

Todd Call, a member of the Task Force, recommended that before adoption the ordinance be reviewed again by the Task Force and fine-tuned.

Mayor Pro Tem Gardner advised that he too had issues with the ordinance.



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Mr. Call advised the Task Force has spent over a year on it and would hate to have it rushed through.

Council Member Orton suggested the ordinance be adopted and then tweaked by the Task Force.

City Attorney Shawn Guzman advised that the ordinance requires implementation of fees, and the fee schedule will be scheduled on the December 6 agenda. He stated that the ordinance could be approved tonight, but asked that implementation of fees be delayed until December 7.

Mr. Call advised that the Task Force has not been able to review the final draft.

City Manager Gary Esplin advised that the ordinance can?t be effective until the fees are established.

Council Member Allen advised that even if the ordinance is not adopted tonight, citizens will now know where to call. There has been good public input on things which may be added to the ordinance.

Mr. Call advised that he represents Quality Excavation and he is happy to meet with residents at any time.

Glen Bundy stated that a lot of truckers do not know what will be happening to them. He suggested that all truckers be notified and the requirement for covered loads be delayed.

Mr. Swensen suggested that a notice could be included in the business license applications.

Council Member Whatcott replied to Mr. Bundy that his point was well taken, but does not justify the fact that the truckers may be creating dust.

Richard Sanders, a resident of the Knolls, advised that this ordinance has been the topic of discussion for months, and to say it has been sprung on Task Force members is not accurate. There is a public expectation that this ordinance is going to be adopted and there will a lot of public concern if it is not. He urged adoption of the ordinance to let the residents of St. George know the City Council cares.

Russ Limb commented that for fairness a notice should be published in the paper before adoption.

Mayor Pro Tem Gardner requested clarification on actual determination of a violation and that it not be arbitrary.

Bill Swensen replied that his certification is recognized by the EPA and air quality organizations through the United States. He has to re-certify every six months and learn how to read opacity by many standards. Classes will be offered affected contractors, etc.

City Manager Gary Esplin stated one of the reason Mr. Swensen is certified is so he can cite offenders.

City Attorney Shawn Guzman advised Mr. Swensen?s certification actually removes the arbitrariness the Mayor Pro Tem is worried about.

Mayor Pro Tem Gardner expressed concern with the restriction on hours to 5:00 p.m. He stated in the summer it does not get dark until 9:00 p.m.

Mr. Swensen clarified the time has been changed from 7:00 a.m. to 7:00 p.m. He advised that people who seek permits to do development projects will be required to attend an educational class on dust control. These classes will educate the small truckers.

Mayor Pro Tem Gardner advised that he supports the right to farm and there should be some sensitivity to field work. He stated he was uncomfortable with the ag application in the proposed ordinance. The City is asking the private sector to make an investment to solve the dust issue, but the City should also step up and help solve the problem too.If water rights in the area are available, a lot of people are willing to share in the cost of a well. He stated

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he saw this as an investment in the City by putting water into a common tower that would be much more available at a lesser charge than potable water to encourage the use of water in dust control. The City should step forward and look at this option with a more proactive approach to help solve the problem.

City Manager Gary Esplin commented he would rather see the City use the resources it has rather than drilling a well by extending a reuse line to River Road. Perhaps a portion of this reuse water could be made available to fill the tanks.

Mayor Pro Tem Gardner replied that this would be a year or two away.

Mr. Esplin replied that it would be no longer than drilling a well. He stated he would talk with Barry Barnum and see what can be done. He stated that the road to the airport will hopefully be under construction in the next few months and once it is paved this will cut down on some of the dust in the area.

MOTION: A motion was made by Council Member Orton to approve the ordinance, with a fee schedule and any changes adopted at a later date.

Mayor Pro Tem Gardner commented he was supportive of the ordinance, but if changes are needed, it should all be done all at once.

Council Member Orton replied that out of respect for the 20 concerned citizens in attendance, he wanted them to know the City is serious about air quality. The fee schedule and any changes to the ordinance will be addressed at the December 6 City Council meeting.

SECOND: The motion was seconded by Council Member Whatcott.

AMENDED MOTION: Council Member Orton amended his motion to include all the recommendations talked about and with a three month grace period for covering of loads.

SECOND: Council Member Whatcott seconded the motion saying he recognized that the three month window is to try and get compliance, but if the trucker can show that he is trying to come into compliance, the grace period is more like six months.

Council Member Orton commented that he would agree with that.

Mayor Pro Tem Gardner commented he feels there is always the law of unintended consequences and he feels approval of the ordinance will create more issues by not having it the way it really needs to be and jumping the gun by two weeks. There are advantages to waiting rather than implementing it when it is not ready to implement.

Council Member Whatcott replied that the City cannot do anything anyway, but if nothing else, it will put everyone on notice. There will also be a major article in the newspaper. What the City is doing is shooting the first shot over the bow and making it known and putting everyone on notice.

VOTE: Mayor Pro Tem Gardner called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - aye
Mayor Pro Tem Gardner - no

The motion carried.

Mayor Pro Tem Gardner called for a break. Upon conclusion of the break, the meeting resumed.

REQUEST FOR SPONSORSHIP:
Consider a request from the Retailers Association Downtown for City sponsorship of the annual Holiday Stroll event on Main Street.


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Vicky Baldwin, representing RAD, explained that she is in the process of putting together a master plan for all events which will be presented to the Mayor and Council at the beginning of the year. It was her understanding from meeting with the City Council last year that the Holiday Stroll event would be done by RAD for the next five years with changes. In reviewing the minutes, one of the things which will be different is the event will not be sponsored by RAD, but will be a City event that RAD will help with. As a result, they did not think they had to get sponsorships like they did last year. She stated they were requesting everything the same as last year with the addition of extending the event further down Main Street to include the Town Square, they want to use the City?s stage, and are requesting funding. They have put together a budget, and in order for this to be the kind of event the City wants and expects, they feel they need $5,000 from the City. If the City does not want to donate $5,000, corners will have to be cut. The event will be held on a Friday and Saturday to attract better vendors. Dick Nourse will attend and there will be a massive Christmas caroling program. Instead of holding the event every Friday, they propose to hold the event twice on a Friday and Saturday. The $5,000 is needed for advertising, entertainment, and a Santa house. She stated the downtown merchants love the Town Square, and she receives compliments and comments on it every day.

Council Member Orton commented that he was in favor of doing everything possible, but there is still a lot left to do in the downtown. He stated he worried when funds were spent for businesses in just one area of the City.


Angie Adams advised that she has donated a lot of time to the event and sacrificed much, but does so because she loves the City. It is difficult to translate what has been done downtown into profits for the businesses, and this is not a profitable event for anyone. She advised they promised the St. George Theater $500 if they would come to the event and do the grand opening ceremony. The project is being run on a shoestring and they have no cash sponsors.

Council Member Orton commented that the City?s involvement is to create business for the downtown merchants, and if the event is not creating business, he inquired why the City was doing it.

Angie Adams replied that there are businesses who get traffic. The event helps the antique store and McArthur jewelers, but it does not create traffic for her business.

Vicky Baldwin commented that the City?s participation is an investment in the big picture of the downtown. She stated she believed in the downtown and was excited to be there. There are, however, only a few businesses which participate. She stated she wished they could have sponsors so they did not have to ask the City for additional help. Last year?s event cost $10,000, including manpower, the stage, and all the things the City helped with. This is a community event to kick off the holidays.

Council Member Bunker commented the celebration is for St. George, and not just RAD, and the City is the one who benefits the most. She stated that most citizens assume that artists perform for free, but they can?t always as this is their livelihood.

Council Member Whatcott commented that one year ago when this conversation was held, part of it had to do with getting the Town Square done so the City could take on a bigger role in the activities during the holiday season. This holiday affair is something the City wants to create to bring people downtown, not so much to visit the stores, but to bring everyone together during the holiday season. He complimented RAD for spearheading the event and stated he foresees the City taking on a bigger role in the future.

MOTION: A motion was made by Council Member Whatcott to approve the request to co-sponsor the Holiday Stroll and the request for $5,000.
SECOND: The motion was seconded by Council Member Bunker.

City Attorney Shawn Guzman advised that the City normally requires insurance, but it could waive the insurance requirements. If the City is sued it would take care of its liability, but it would not be insuring RAD or anyone else.

Jim Able commented that donations could be made to the high schools as they have 501C3 status to accomplish the same thing, and the donor would then have a tax write-off.


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City Manager Gary Esplin commented that he agreed with the concept, but that it needed to be re-evaluated for next year.

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

Jerry Christensen, Main Street Antiques, commented that RAD has done marvelous work and he commended Ms. Baldwin and Ms. Adams for their hard work and helping the downtown businesses be more successful then they would be on their own.

Ms. Baldwin advised that the kick-off will be held November 23 at 6:00 p.m. with a street lighting ceremony. After that there will be a street dance on Main Street. On Saturday there will be a Santa breakfast with proceeds going to childrens? programs. There will be a Santa house and entertainment. Vendors will fill Main Street from the Boulevard to 100 South. This will be repeated again on December 14th and 15th.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held November 13, 2007, recommended that public hearings be scheduled for December 6, 2007 at 5:00 p.m. to consider:

1. A zone change request from R-1-10 to PD Commercial on 4.747 acres located at 501 North Bluff Street for the Executive Plaza. Jason Vowell, owner; Marc Brown, representative.
2. A zone change request from M&G to PD Residential, PD Commercial, Open Space, Airport Supporting Business, Airport Vicinity Industrial, Commercial Mixed Use, C-2, R-1-10, R-1-12, and R-3 on approximately 2,432 acres located in the southeast corner of St. George south of the proposed replacement airport and north of the Utah/Arizona border. Desert Canyons Development applicant; Curt Gordon, representative.

3. An amended PD zone request for the previously approved Ledges PD with proposed single family residential lots, two 18 hole golf courses, church site, fire substation, a hotel/spa site, and a commercial center on approximately 1,150 acres located south of Winchester Hills along Highway 18. Randy Freston, Ledges Partners, applicant.

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

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held November 13, 2007, recommended approval of the following final plats:

1. A road dedication plat for 3000 East/Crimson Ridge Drive/Meadow Valley Blvd./Equestrian Drive located at 3000 East and 3300 South.
2. A road dedication plat for 1600 South and Plantations Drive located at 1600 South and the west side of Dixie Drive.
3. An amended final plat for Ventana Professional Park located at the intersection of 280 North and 1680 East.
4. An amended plat for the River Road Office Complex located at the intersection of 100 South and 1470 East.
5. A final plat for Black Ridge Terrace No. 2 Commercial Center Condominiums located off 250 West south of Garden South Phase 7.

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

HILLSIDE DEVELOPMENT PERMIT:
City Planner Ray Snyder explained that the subject property is located off Bluff Street. The request is for a hillside development permit for a commercial parking lot for a proposed

St. George City Council Minutes
November 15, 2007
Page Twenty Two

professional office building (Executive Plaza) on 5.66 acres. The applicant has redesigned the parking lot for minimum cuts to the hillside.

Council Member Bunker commented that the parking lot will not disturb that much of the hillside and the Planning Commission felt comfortable with the request.

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

AIRPORT LEASE:
Consider approval of an airport concession lease with SGU Services, LLC to operate a gift shop at the existing airport.

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

REQUEST TO PURCHASE CITY PROPERTY:
Consider approval of a request to purchase City property. Jim Slemboski, applicant.

City Manager Gary Esplin advised that staff has reviewed the request and does not see a major problem with it. However, it needs to be appraised, with two appraisals, and sold for the average cost of the appraisals.

Council Member Orton advised the applicant has a letter of intent.

City Manager Gary Esplin replied that if the City and the applicant can both agree on the same appraiser, this amount can be brought back to the City Council for approval.

MOTION: A motion was made by Council Member Orton to approve sale of the property subject to obtaining an appraisal and sharing the cost of the appraisal and agreeing to the purchase price.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS:
City Attorney Shawn Guzman advised that Ms. Kirkpatrick?s attorney would like the City Council to hold a special City Council meeting on November 29 to consider approval of the final plat so that she can move ahead with the project.

City Manager Gary Esplin replied that staff will have to review the plat to make sure it can be considered.

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

The meeting adjourned at 9:30 p.m.




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Gay Cragun, City Recorder