City Council Minutes

Thursday, December 6,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 6, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Gary Esplin and the invocation was offered by Pastor Jimi Kestin.

Council Member Whatcott arrived.

PRESENTATION OF SHADE TREE AND BEAUTIFICATION AWARDS:
Kristine Twiggs, Chairman of the Shade Tree Board, announced the winners of this year?s Shade Tree and Beautification Awards: Rick Harper with Bluff Street Auto, Spilsbury Mortuary, Utah Car and Truck, the LDS temple, Hughes & Randall, IHC, Stonecliff, the Boulders, Tonaquint Center, the Rio Plaza, the Ledges, the Sun River Pro Shop, the rock house, Dr. David Cramer house, and the City of St. George for the Town Square, Water Walk and Boulevard improvements. Awards were presented to the winners by the Mayor and City Council.

Mayor McArthur invited several Dixie High School Students in the audience to introduce themselves.

Council Member Bunker announced that Dixie Care and Share is in need of toys for Christmas.

Council Member Gardner announced that the traveling Vietnam Veterans Wall is at the Dixie Center, and he encouraged everyone to see it.

PRESENTATION OF THE 2006-2007 FISCAL AUDIT:
Ken Hinton advised his purpose for being present is to formally announce the completion of this year?s audit. His secondary purpose is to talk to his fellow citizens of the City. He announced the City has once again received a clean opinion on its financial statements, which is not an easy achievement. He stated that if anyone had any questions about the audit, to please contact him. He stated he had never felt a need to do so before, but he wanted to address his fellow citizens of St. George. He stated there were things said this past fall during the elections which he found, at best, to be misleading, and at worst, downright wrong. He stated these statements caused him, as an independent auditor of the City, great concern. Comments were made which called into question the management and leadership of the City. He stated that he, as an independent contractor and auditor, was in a unique position to know the finances and financial management of the City. Each year he and his employees spend hundreds of hours from late June to this time of year going through the financial records of the City. He stated that while neither the City or staff is perfect, it has been his experience over the years as he audited the City, that staff, management and the elected leaders take their responsibility seriously, they take pride in doing a good job, and they diligently try to correct any shortcomings pointed out. He stated that if any citizens had concerns, he would be happy to take their calls and he was confident the City?s Finance Director would also. He stated that as auditor for the City, he commended the City for its wise financial management. As a citizen of St. George, he thanked each Council Member and City management and staff for their efforts in properly leading and running the City. He stated it was his opinion they were doing a great job.

City Manager Gary Esplin expressed appreciation to the staff, especially Deanna Brklacich and Phil Peterson and all department heads who take the budgeting process seriously. He stated there were plenty of pot shots taken at staff and the way the City is financially managed, and in his opinion staff is above reproach on how it handles City finances. He stated he appreciated Mr. Hinton?s comments, and that the City has nothing to hide and welcomes anyone who wants to take a look at the records.
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December 6, 2007
Page Two

APPROVAL OF CHANGE ORDER:
Consider approval of a change order for installation of a reuse line to Atkinville.

City Manager Gary Esplin explained that the City?s portion of the line will be $33,533.59. The line will be increased from an 8" line to a 12" line and is a good investment to increase capacity. He recommended approval.

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

AWARD OF BID:
Consider award of bid for tank fuel and lubricant.

Purchasing Manager Connie Hood explained that three suppliers responded with bids. She recommended award of the bid to the low bidder, Haycock Petroleum, in an amount not to exceed $240,000 for a one year period. The bid can then be reviewed for a two year option.

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

Council Member Whatcott inquired if $250,000 was budgeted, why this amount was not being approved.

Ms. Hood replied that $240,000 was recommended due to past trends.

City Manager Gary Esplin commented that this is a blanket order and it is not known how much will be used during the year. Based on volumes used last year, the amount may be as little as $175,000.

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

AWARD OF BID:
Consider award of bid for bulk fuel for the year.

Purchasing Manager Connie Hood recommended award of a one year bid with a two year additional option to Overland Petroleum, the only supplier who bid all locations and submitted the low bid, in the amount of $1,700,000. This amount is based on prior usage.

Council Member Gardner inquired why three different sites were bid.

City Manager Gary Esplin replied that there are different bid prices at each terminal. Some suppliers did not want to bid all three terminals.

Council Member Orton advised that DATS Trucking delivers the fuel to the City.

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

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to the Snow Canyon Parkway construction contract.

Purchasing Manager Connie Hood explained this project consists of the east portion of the Parkway in the amount of $194,127.41.

City Manager Gary Esplin explained the area is located in front of the Paradise Canyon project. A grant from the federal government has been received for this project. Mr. Esplin explained that this road was intended to be built in phases, and staff wanted to wait until all phases are done until a final coat is put on all of it.

MOTION: A motion was made by Council Member Allen to approve the change order.
St. George City Council Minutes
December 6, 2007
Page Three

SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF CONTRACT MODIFICATION:
Consider approval of a modification to the 100 West storm drain construction management contract with Creamer and Noble Engineers.

Purchasing Manager Connie Hood advised the amount of the modification is $62,276.

Mayor McArthur explained that the modification is necessary because the City widened the road and added sewer to the west side. Tri-West is the contractor and a lot of compliments from the neighbors have been received about the contractor. This additional cost is for engineering services.

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

AWARD OF BID:
Consider award of bid for electrical work, repairs and HVAC services.

Purchasing Manager Connie Hood recommended award of the second year option for open blankets with D. Blake Electric in an amount not to exceed $100,000 and Filice Electric in an amount not to exceed $50,000.

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

AWARD OF BID:
Consider award of bid for UV system parts and supplies for the Wastewater Treatment Plant.

Purchasing Manager Connie Hood advised this is a sole source bid in the amount of $60,000. This amount was also set up last year and $40,281 was used.

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

AWARD OF BID:
Consider award of bid for an instrument switchboard panel for the Green Valley Substation.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Electrical Power, in the amount of $150,151.

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

AWARD OF BID:
Consider award of bid for 32 Dell laptop computers to be used as mobile terminals for Police patrol vehicles.

Purchasing Manager Connie Hood recommended purchase of the laptops through the State contract in the amount of $32,640. She advised that most of the funds come from a federal grant.

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


St. George City Council Minutes
December 6, 2007
Page Four

Council Member Bunker asked about the advantage of purchasing Dell computers.

Police Chief Marlon Stratton advised that Dell computers are cheaper than Panasonic, although some of the Panasonics will be kept. The purchase of these laptops will allow one in each patrol vehicle, and they interface with the entire County.

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

APPROVAL OF PROPOSAL:
Consider approval of a proposal with GE to replace a turbine combuster.

Purchasing Manager Connie Hood advised the amount is $477,135.

Energy Services Director Phil Solomon explained that as air is brought into the combuster, it is compressed down to the narrowest part of the turbine. It is then injected with natural gas and then gets ignited with the air. That chamber is the combuster, and is like the carburetor and piston head combined, and is where the fire takes place. The GE Engineering Division sent out a bulletin saying it was having problems with this particular model of turbine combuster and to watch for problems. Staff noticed a crack last season, and after this summer?s run, the crack was all the way across the combuster. GE recommends replacement, as the early design was too long and vibrated. The new design is shorter and made of different material. The original quote was $820,000, but staff worked with them and the City is getting everything at cost; GE?s mark-up is not included. The warranty period on the turbine has expired and a new warranty would have been $3,000,000 for one year. The City does have insurance on the turbine for anything over $500,000. This summer alone, having the turbine in place saved the City $900,000 in market exposure. The lifetime is about 25,000 run hours, but the City has only 5000 hours on this combuster. The warranty that comes with a new one is inherently short. However, the City?s rep says if the City has any problems within the next twelve months with the new one, he will go to bat for the City.

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

Mayor McArthur explained that the City?s purchasing program allows anything under $25,000 is handled through Purchasing. Anything over $25,000 comes to the City Council for approval. The City Manager has the authority to approve emergency purchases with approval by the City Council after the fact.

PUBLIC HEARING:
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.

City Manager Gary Esplin explained that as required under the TEFRA Act, a public hearing must be held with regard to the issuance of tax-exempt IRB bonds.

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

Council Member Gardner commended YESCO for relocating their operation within St. George and bringing added tax base to the City.

PUBLIC HEARING/FINAL PLAT:
Public hearing to consider approval of an amended and extended final plat for Tonaquint Terrace Phase 2 Subdivision located at approximately 1300 West and 2200 South. Jim Raines, representative.

Todd Jacobson explained that the purpose of the amendment is to adjust lot lines between Lots 158 and 159 to accommodate a larger building pad on Lot 159, and Lot 169 is being pushed out to the north and west about 6' to accommodate an existing rock wall.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.
St. George City Council Minutes
December 6, 2007
Page Five

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

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 7C, St. George City Code, Multiple Family Residential Zones (R-2, R-3, R-4) to add ?child family support facility? as a conditional use in the multi-family zones.

City Planner Ray Snyder read the proposed new ordinance language. He explained that the applicants, Christine Nelson and Laura Bartschi, are interested in a particular site, but this will require a code amendment which will affect the entire City. The Planning Commission recommends approval. He stated the applicants do not want to have to remain on the site twenty four hours a day, seven days a week, as they have their own families, but someone will be there 24 hours a day.

Christine Nelson and Laura Bartschi, applicants, explained a grant will pay for the running of the facility. They explained that the existing crisis center is not designed to take children under the age of 10, and there is a need for this in the community. The proposed family support facility will take children ages 0 to 11 who are at risk of being abused. Parents may bring their children to the facility, or DCFS, or the police.

Council Member Bunker inquired if there was adequate parking.

The applicants replied that the facility is a drop off center and no one would park for any length of time. The facility is not a treatment center, so there would be not have to be parking for therapists either.

Mayor McArthur opened the public hearing.

Paul Marshall advised that he works at the crisis center, which is a receiving center/shelter which takes in kids who have run away, etc. It also acts as a shelter for DCFS kids. He stated a crisis nursery was needed to keep the young kids from mixing in with the older kids.

Mr. Snyder advised this request is to amend the zone and make the use a conditional use. Each site would have to come before the City Council for approval.

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

Council Member Bunker inquired why the number of children was being limited to eight when the State allows more.

The applicant responded that the application should read whatever the state requires.

City Attorney Shawn Guzman commented that if the home is large, a large number of children could be housed there as the state requirement is based on square footage. He stated that limiting the number of children to eight to start is a good balance and the Council could address the issue again in the future.

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

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

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman explained that a deviation in numbers during a transition is allowed to provide flexibility for a limited period of time.



St. George City Council Minutes
December 6, 2007
Page Six

The applicants advised that if the facility is full and there is a child at risk who needs shelter, the process to get on a City Council agenda is too long.

City Attorney Shawn Guzman clarified that sporadic occasions where a child comes in at night and makes nine children would be allowed if another child is leaving the next day, in any given 24 hour period. What the City is concerned with is the impact on the neighborhood with regard to noise, cars, trash, etc.

Mayor McArthur advised that the ordinance is in place to protect the neighborhood too.

Council Member Whatcott commented that if the applicants need to, they can come back to the City Council to request the ordinance be amended to allow more children.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider approval of an amended Planned Development (PD) zone for The Ledges with approximately 1,150 acres located south of Winchester Hills along both sides on Highway U-18.

Council Member Gardner declared a conflict of interest and advised that he would participate in the discussion but not vote.

Community Development Director Bob Nicholson explained that this is the second amendment to this PD. The original project was approved in 2004. The agreement at that time was in exchange for density, a buffer along Winchester Hills would be one unit per acre, but the units could be clustered. The preferred alternative was a 100' buffer to remain open so no storage sheds or accessory buildings would be built within the 100' buffer. It would remain open space and trails. The overall density would be one home per acre. In 2006 the PD was amended. The original plan had 2700 housing units, and this was dropped down to a maximum of 2400 housing units. The new revised plan shows a second 18 hole golf course, the fire station site has been moved, park locations have been changed, housing density will remain the same (approved up to 2450 dwelling units), and minor changes to the road layout have been made. There are public streets on the east side of U-18 and private streets on the west side, with the exception of the frontage road. 76% of the area will be in some form of open space, golf course, or natural area. The other change proposed is a resort/spa location on the west side of U-18 northwest of the JEL subdivision. The Planning Commission recommends approval subject to public access being provided to the natural area. The applicants have agreed to provide the public access, as well as to Snow Canyon State Park. They are also providing additional storm water detention.

Hans Kuhni, representing the Ledges, advised that a very high end five star hotel component with a world class spa is planned. The hotel will be a major service provider in the hotel industry.

Noble Keck, a resident of Winchester Hills, expressed concern with water run-off from the Ledges, the height of the cluster homes in relation to his property and lighting. He stated he moved here from Ohio in September and his realtor told him the Ledges property adjacent to his home was supposed to be one unit per acre. He expressed concern with loss of his view, dust during construction, and water. He stated he did not know how high the proposed road by his home would be nor the distance between the road and his lot. He suggested that the lots should not be clear-cut until they or sold or a home is ready to be built. He stated he would like to review the elevations of the proposed dwellings to see how they will affect his view. He asked that consideration be given to use of low pressure high sodium lighting to maintain the night sky. He suggested that the golf course not plant so much grass and leave some areas natural.

Natalie Montoya, a resident of Winchester Hills, stated the Ledges had done a nice job so far. She agreed with Mr. Keck that not so much grass should be planted and grass is certainly not needed in the roundabouts. She expressed concern with the location of the hotel and spa and traffic created by the hotel and spa. She expressed concern that her view of Snow Canyon would be blocked by the hotel and spa.

Lance Allred, a property owner in the area east of where the spa will be located expressed frustration with the City as he called and asked if the Ledges plan would be available to review prior to the meeting and was told no. He stated the large commercial area is a significant change to the PD and merits discussion. He stated he would like to know in great detail what the plans are for the area.
St. George City Council Minutes
December 6, 2007
Page Seven

Jerry Harris, a resident of Diamond Valley, advised he moved there to get away from the city and businesses and to live in a nice, quiet area. He expressed concern with the proposed business area and what precedent would be set for expansion.

Caryn Magnesen, a resident of Winchester Hills, advised she lives behind tee four and hears a lot of angry golfers. Over the summer she had many golf balls in her yard. She stated it was her understanding a wall was supposed to be put up between the two communities. She stated there was an issue with water pressure and it was her understanding the Ledges tank was supposed to be kept at a certain level. Last month Winchester Hills water board members were kept busy trying to keep Winchester Hills water level up. Also, there is consistent watering going on at the golf course, even during freezing weather. She stated she has issues with water runoff, and there is a flooding problem where a road is proposed from the Ledges. She inquired if this roadway would be raised, and if so, where the water would go. She advised that a detention basin was built by her home, but was not shored up on either side, so her property is filling up the basin. She inquired where the runoff would go when the homes and new road were built, and if the basin will be moved. She inquired how high the clustered homes would be and about lighting. She stated her family moved to Winchester Hills for the night sky and to live in a quiet community and they are concerned about congestion and light pollution.

City Manager Gary Esplin commented that the action requested is to amend the general plan, and not to design washes or zone for development. Most of the things mentioned are handled in the development review process. The applicant will be required to handle their drainage, and when the property comes in for a zone change specifics with regard to height, drainage and where the roads will be located will be indicated. There is a misconception about the water issue. The City has addressed this issue and the Ledges is watering with their own water. The City purchased the wells in the area and the Ledges paid impact fees. They have every right to do what they are doing with the water. The City agreed to help Winchester Hills if their water level goes down below a certain point if their well is affected, and it has provided water to Winchester Hills when their pumps were down. The Ledges should not be blamed for water pressure problems in Winchester Hills because their wells are separate.

Community Development Director Bob Nicholson explained that a public hearing will be required on the preliminary plat and citizens again will have an opportunity for public input. With regard to the gentleman who asked to look at the plans and were told they were unavailable, all plans are totally available to the public.

Lance Allred expressed concern that the area now designated for commercial was previously designated as residential.

Marvin Fuller advised that he lives adjacent to a ridge and the water runs down to his property. A density increase in his area will create additional storm water run-off into his property. He objected to the change in zoning for additional units on top of the ridge.

Council Member Allen advised that the Ledges will have to contain their runoff.

Doug Allred commented that the new five star spa will be located adjacent to properties with corrals, chickens, livestock being slaughtered, dogs who bark and flies. He stated while he and his neighbors want to be good neighbors, they were there first.

Council Member Orton informed Mr. Allred that their use would be grandfathered in.

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

City Manager Gary Esplin advised that the recently approved air quality ordinance prohibits clear-cutting and puts the responsibility on the property owner to keep the dust down. He explained that the overall density in the project area will not increase, but the clusters of units may change in density or location within the project. The City Council will see the exact plans and elevations, lighting, accesses and buffers and will take precautions to make sure the area Mr. Allred is taking about is buffered. The existing uses will be grandfathered in. The major change to the plan is relocation of some commercial, the fire station site, and rearrangement of some of the units, but the overall density remains the same as approved. City ordinance prohibits the runoff of water onto someone else?s property, and the applicant will have to take care of this. If Winchester Hills is lower, the applicant will have to retain the water or drain it, but it cannot drain off onto neighboring property. This will all be dealt with in final plat approvals. There will still be plenty of opportunity for citizens to offer public input.

St. George City Council Minutes
December 6, 2007
Page Eight


Council Member Orton commented that other changes will be made to the PD, as changes are expected in a PD zone. The density will remain the same, but the project will have to be adjusted to the market and what will sell.

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

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

The vote was unanimous and the motion carried.

Council Member Bunker inquired why no locations for schools were shown.

Mr. Kuhni advised they were open to schools and if the environment changes at the Ledges, they will provide locations for schools.

PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amendments to the fiscal year 2007-08 budget for the City of St. George.

Council Member Bunker inquired about funds allocated to the dinosaur museum.

Budget and Financial Planning Manager, Deanna Brklacich, advised that the $22,000 requested is for repair of tiling and other minor repairs in the museum. It is proposed these funds be taken from the capital projects fund because there are no funds available in the dinosaur museum fund. It is important that the repairs be made as soon as possible so there is no damage to the dinosaur tracks.

City Manager Gary Esplin advised the work will be done in-house and the funds are for materials only.

Mayor McArthur 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 amendment by resolution.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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

ORDINANCE:
Consider approval of an ordinance amending Title 5, Chapter 2, St. George City Code, allowing for a three year rabies vaccine for dogs.

City Attorney Shawn Guzman explained that the requirement for rabies vaccines has changed. There is a one year vaccine and a three year vaccine, and the ordinance amendment is to allow a three year vaccine to be accepted for licensing purposes.

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

St. George City Council Minutes
December 6, 2007
Page Nine

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution reconfirming the City?s sublease arrangement with the County for the Dixie Center.

Council Member Orton explained that the City?s obligation or percentage is not being changed. City action is required before next week in order to approve the new bonding, and the County is doing the same thing.

City Attorney Shawn Guzman advised that the action will not impact the City fiscally.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution of the City Council of the City of St. George, Utah (the ?City?) authorizing and approving the execution by the City of an Amended and Restated Sublease Agreement by and between Washington County, Utah (the ?County?) and the City; approving the issuance and sale by Washington County/St. George Interlocal Agency, Washington County, Utah (?WCIA?) of its variable rate Lease Revenue Refunding Bonds, Series 2007 in the principal amount of approximately $16,500,000 to refund and retire the WCIA?s outstanding Lease Revenue Bonds, Series 1997A Bonds; authorizing the execution by the City of a continuing disclosure agreement and other documents required in connection therewith; approving the forms of the bond purchase agreement and official statement; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; and related matters.

City Manager Gary Esplin explained that because of the City?s agreement with the County, the City must authorize the WCIA board to issue the bonds for this refunding. Bonds were issued in 1997 and again in 2005. An option was given to the bank to call the bonds and reissue them in 2007. They are now doing that. The bonds are being reissued at the same interest rate. There will be no financial impact on the City or WCIA board.

Council Member Orton advised that Gary Esplin and Jason Burningham put this together and saved the City and County a great deal and allowed expansion of the Dixie Center.

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

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


St. George City Council Minutes
December 6, 2007
Page Ten

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of amendments to the air quality ordinance.

City Manager Gary Esplin explained that the air quality ordinance was approved at the last meeting. Subsequent to that City Council meeting there have been discussions with some of the businesses affected. Staff?s position is they do not want to require something not done anywhere else and step on a lot of toes. The issue is there is a problem with air quality in the City and staff has been instructed to come up with proposals to resolve the issue. The ordinance has attempted to do this. There is only one person assigned to monitor air quality issues. Hours have been looked at and staff recommends the hours be adjusted to allow work from dawn to dusk instead of 7:00 a.m. to 7:00 p.m. Staff still feels strongly that operations cannot continue during the night because they can?t be monitored or tested. This is what Las Vegas requires. However, there would still be some flexibility based on certain circumstances. The ordinance has been pared back a little to deal with air quality issues and not noise issues which can be addressed through the nuisance ordinance. Proximity requirements have been narrowed.

Bill Swensen advised that another meeting was held with the Task Force Committee and staff recommends implementation of some of their recommendations, but not all. He then reviewed the changes to the ordinance. One change will allow hauling at night, and noise will be dealt with through the Nuisance Ordinance. Driving on the construction site is not considered an activity and was eliminated. Use of water to control dust on paved roadways is not permitted on one acre or larger projects. Hours of activity have been changed to dusk to dawn and an eight hour day on Saturday. Legal holidays need to be revisited.

Council Member Gardner stated he felt the ordinance was over-reaching and holidays and weekends should not be restricted.

Council Member Orton commented that the City would have to have staff to monitor the operations on weekends and holidays.

Council Member Whatcott commented that if given the opportunity to work when not being monitored, their work pattern will shift just like a traffic pattern.

Mr. Swensen explained that the amendment will allow the contractors another window of opportunity to catch up. He stated he understood that aggregate operations and development will need to occur beyond sunrise or sunset and these situations will be evaluated on a case by case basis. Hours for detonation are between 8:00 a.m. and 5:00 p.m. Monday through Friday, with no detonation on Saturday, Sunday or legal holidays without prior approval from the City. Las Vegas and Henderson similarly limit detonation.
Other minor changes were made with regard to the size of clean rock and elimination of a cash deposit.

Owen Olsen, Association of General Contractors, asked the City Council to not approve the ordinance as changes are being suggested which cause them concern. He stated he wanted these concerns to be taken care of before adoption and due process has not bee provided. Limiting operations to dawn to dusk will have a devastating effect on contractors who have contracts to meet.

Council Member Orton advised that the ordinance was approved and adopted two weeks ago and is in effect.

City Attorney Shawn Guzman clarified that the proposed amendment will allow contractors to work longer - from dawn to dusk, rather than from 7:00 a.m. to 7:00 p.m. He clarified that what is proposed is less restrictive.

Mr. Olsen replied that this was never taken through the Task Force and they want it deleted with no time restrictions.

Mr. Swensen stated that some work at night will be permitted under certain conditions and with prior approval. The sunrise to sunset restriction was a suggestion from the Task Force.

Council Member Orton commented he was surprised that Mr. Olsen wanted to leave the old ordinance in effect and not make the proposed changes.

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December 6, 2007
Page Eleven

Mr. Olsen replied the contractors would like a few more changes before final approval is given.

Council Member Orton again explained that the ordinance was already approved and is in effect.

Council Member Gardner commented he voted against the ordinance at the last meeting because it was not in final form. His concern is if the Council proceeds again before it is fine tuned, it would be a disservice.

Council Member Orton commented that the ordinance was approved by the City Council on a four to one vote, and a majority of the Task Force present tonight wanted it passed.

Council Member Allen inquired if the matter could be tabled.

City Manager Gary Esplin replied that the Council?s choices were to repeal the action taken at the last meeting and have no ordinance, amend the ordinance with the recommendations presented, or take no action and leave the ordinance as currently exists and adopt a fee schedule. Not everyone will agree on everything in the ordinance and a consensus will never be had.

City Attorney Shawn Guzman advised that the ordinance could not be repealed at this meeting because it was advertised as an amendment.

Bill Swensen commented that he was surprised at the opposition, as he met with the Task Force last Thursday and they agreed on all of the proposed changes. They met again yesterday and agreed to the sunrise to sunset hours of operation.

Council Member Allen commented that if something causes the contractors financial harm or the loss of a contract, the issue can be addressed again.

Mayor McArthur commented there is also flexibility to address issues on an individual basis.

Mr. Olsen expressed concern with having to obtain prior approval and if the person issuing the approval is not flexible.

City Manager Gary Esplin commented that the issue is being sidestepped. More complaints are received by the City about air quality than anything else. There is an air quality problem and the City now has an ordinance to deal with it. He stated that the City has come too far to backpedal. Other places are enforcing air quality regulations exactly as the City is now proposing.

Russell Limb, Progressive Contracting, explained that he is a member of the Task Force, and while he likes most of the recommendation, some things will be devastating to them, such as not being able to batch concrete before daylight.

City Manager Gary Esplin advised the proposed amendment says that hauling can take place during the night.

Mayor McArthur clarified that the restriction is on mining and crushing.

Mr. Limb commented there were plenty of penalties to make people comply. He inquired why the hours of operation had to be restricted.

Mayor McArthur advised that there is an inversion in the morning in several areas of the City. While it is not known exactly what is causing it, the City is trying to get a handle on it. The ordinance is a work in progress and can be modified.

Council Member Whatcott commented that the fact there is a problem is being sidestepped. If a contractor is fined, it is because he is not in compliance. The City is attempting to improve its air quality. There is an air quality problem and to do nothing would be a joke.

Council Member Gardner commented that since the ordinance was passed he has tried to see where the clouds of dust are coming from. He noticed that as soon as the mining activity across the border begins, the dust can be followed like a smoke trail. It ends up in Little Valley. He stated he felt the City was compounding the problem by putting it all on the backs

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December 6, 2007
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of contractors when 90% of the problem comes from outside the area where the City has no control. He stated he felt the City was moving in the wrong direction and was being too aggressive.

Jim Able, a resident of the Knolls, showed pictures of the haze in the Little Valley area and pictures of the haze which resulted from PCI?s blast. He stated that the ability to call someone about a dust issue is not in place. He stated that the industry cannot regulate itself so the City must create a regulatory oversight to prevent the problem. He stated a fine needed to be identified to assess against those who do not abide by the ordinance. If blasting, the dust needs to be contained and the charge lowered. He stated he could not imagine assuming the problem will get better if left up to the violators to take care of.

Ron Axton, a resident of Meadow Valley, stated that his perspective as a citizen is that it comes down to enforcement. Bill Swensen is a department of one and cannot do it all. He stated that contractors are not policing themselves and are in defiance rather than compliance. He stated that at the meeting when the ordinance was passed a representative from Quality Construction said citizens could call him at any time about concerns, and the representative still has not returned his call. He stated he was appealing to the City Council to look at enforcement and have sufficient employees to do this.

Susan Fraser, a resident of the Knolls, stated that if contractors are allowed to crush on Saturdays and Sundays and holidays, the air quality will never be improved. She stated that contractors do not take the responsibility to monitor themselves and there was blasting by the Knolls every day last week. She advised that she called Bill Swensen who told her the state continues to rubber stamp blasting permits. Russ Limb says that he is located in an industrial area, but the City Council also granted permission for the area to be residential, with parks and schools. She asked the contractors to reach a compromise with the residents of the City.

Ron Ohlwiler, a resident of the Knolls, stated that some of the suggested changes to the ordinance give a lot of outs to the violators. He stated the City should require the posting of a surety bond for those who refuse to follow the guidelines. He stated the ordinance will not please everyone, but the City had to start somewhere and if more teeth is put into it, the contractors can still operate within reasonable bounds and the air quality will improve.

Council Member Bunker asked that the holidays be identified.

After discussion, the holidays identified for purposes of the ordinance are: New Years Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day.

MOTION: A motion was made by Council Member Orton to approve the ordinance amendments as recommended and specifying the six holidays as decided upon.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Orton suggested that the Task Force remain intact and continue with their
work, as the ordinance is a work in progress and can be changed.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting a fee schedule for the City?s air quality program.

Bill Swensen reviewed the proposed fee schedule. He clarified that contractors are required to call in weekly for inspections for long-term ongoing projects. He stated that any time earth is being moved, the City must be notified and a permit obtained. He advised he hoped to implement this process so it is available on the internet.

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December 6, 2007
Page Thirteen

City Manager Gary Esplin stated that the problem is multi-faceted and includes uncovered loads, dust generated when the ground in moved, blasting dust, etc. These activities must be monitored so that the resulting problems can be dealt with. The inspector must know what is going on and control potential problems. As all the dust causing activities accumulate, they add to the entire problem in the City. Staff is trying to muddle through and figure a way to deal with it. Whether the fees are too high or not, he did not know.

Council Member Gardner inquired if there were a relationship between the amount of the fee and the number of times the project is inspected, or if the fee is really a permission fee on the front end of a project. He commented he would rather see a lower fee and have more compliance on the front end.

Council Member Whatcott commented that an application fee should be a one-time cost of $25 or $35, and whether a contractor is working on one or 10,000 acres, he should not be charged a development fee on an annual basis as that would be unfair. On the development side, the City is trying to create funds to provide a second person to cover more territory. He stated he agreed with Council Member Gardner that charging a fee based on acreage is unfair.

Bill Swensen replied that most of the ordinances used as models used acreage for the fee schedule.

Council Member Bunker suggested the fees be charged on the project rather on acreage.

Council Member Gardner suggested that if the fee is based on acreage, it be lowered by half.

City Manager Gary Esplin commented that the City Council did not need to adopt the fees tonight if they would like time to review them.

City Attorney Shawn Guzman advised there is a general penalty in the ordinance for any violation fee not specified. Right now if someone comes in with an application, the City will not charge them an inspection fee.

Mayor McArthur suggested the item be tabled and given to the Task Force for recommendations.

MOTION: A motion was made by Council Member Bunker to table the matter and give it to the Task Force for review.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Whatcott suggested that a one-time fee for contractors to be signed up for the air quality program could be handled on the business license form.

BEER LICENSE:
Consider approval of a beer license and local consent for an on-premise beer license for the Lucky Buffet at 696 North 3050 East. Leong Lee Foo, applicant.

City Manager Gary Esplin advised the application met all requirements and staff recommends approval.

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

INCENTIVE AGREEMENT:
Consider approval of an incentive agreement with YESCO.

City Manager Gary Esplin explained that YESCO proposes to locate a new manufacturing facility in the Ft. Pierce Industrial Park. They propose to generate 94 new jobs, with a majority of those jobs paying higher than the daily wage rate in Washington County and a benefit package. They have invested $5,000,000 in land and a building and equipment. He suggested that since they are locating in a CDA, they be given an incentive similar to others given in this area by returning to them a portion of their property tax equal to 50% for a period of five years. No money will be coming out of the General Fund, but from the taxes they pay.
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December 6, 2007
Page Fourteen

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

RESOLUTION:
Consider approval of a resolution providing for the financing by the City of St. George, Utah (the ?Issuer?) of the acquisition and/or construction of a manufacturing facility including equipment and related facilities (the ?Project?) to be located in the City of St. George, Utah, for use by Young Electric Sign Company, or any related company (the ?Borrower?) in order to promote the general welfare of the residents of the State of Utah; authorizing and providing for the issuance by the Issuer of its $5,000,000 Industrial Development Revenue Bond, Series 2007A (YESCO Properties LLC Project) and $1,000,000 Industrial Development Revenue Bond, Series 2007B (YESCO LLC Project), which will be payable solely from the revenues arising from the pledge of two loan agreements among the Issuer, the Borrower and GE Government Finance, Inc., as said lender; authorizing the execution and delivery of said loan agreements, escrow agreements and related documents; confirming the sale of said bonds; and related matters.

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

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of a beer license and local consent for a restaurant liquor license for the Barbeque Bistro. Larry D. Miller, applicant.

City Manager Gary Esplin advised the license is for a new owner but for a location that has an existing license. The application meets all requirements.

Mr. Miller, applicant, advised that he has been operating the Dammeron Valley BBQ for the past four year and has recently taken over the Tony Roma?s location.

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

CONSERVATION EASEMENT:
Consider acceptance of a conservation easement for two parcels within the Entrada development for open space preservation. Spilt Rock, Inc., applicant.

City Manager Gary Esplin advised in order for the applicants to receive a tax credit the City must accept the easement before the end of the year. The easement will be used for the purpose of maintaining permanent open space.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a restaurant and cake parlor with non-conforming parking at 25 North Main Street.

MOTION: A motion was made by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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December 6, 2007
Page Fifteen

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held November 27, 2007, recommended that public hearings be scheduled for January 10, 2007 at 5:00 p.m. to consider:

(1) An amendment to the General Plan Land Use Map from MDR to PO on 3.9 acres located at 1350 East 900 South. Blue Mountain, applicant.
(2) A zone change from R-1-10 to PD-AP on 3.9 acres located at 1350 East 900 South. Blue Mountain, applicant.
(3) A zone change from R-1-10 to C-3 on 4.747 acres located at 501 North Bluff Street. Jason Vowell, owner.
(4) A zone change 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 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.
(5) A zone change from A-20 to R-1-10 on 30.63 acres located at 3300 South Little Valley Road. Phillips Homes, applicant.
(6) An amended preliminary plat for Fieldstone Estates located south of Rasmussen Drive between 3000 East and 2780 East. Chuck West, applicant.

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

FINAL PLAT:
Todd Jacobsen explained that the Planning Commission recommended approval of the final plat for Mountain Cove Subdivision. The zoning is R-3.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a maintenance building in an Open Space zone located at approximately 840 East Brigham Road. Washington County School District, applicant.

City Planner Ray Snyder explained that the maintenance building will be located in front of the warehouse. The Planning Commission recommends approval.

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

EXTENSION OF ORDINANCE:
Consider approval of a two month extension for Ordinance No. 2007-08-002 which provides temporary land use provisions for a density bonus system in the Little Valley Plan Area.

City Manager Gary Esplin recommended the temporary zoning ordinance in the Little Valley area be extended until February 7, 2008 while staff is finishing up the density bonus program.

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

Council Member Whatcott commented that eventually the density bonus program will be uniform throughout the City.

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




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December 6, 2007
Page Sixteen

WATER EXCHANGE AGREEMENT:
Consider approval of a water exchange agreement with St. George 730 (the Lakes project).

City Manager Gary Esplin advised this is a recommendation from the Water Department to exchange 242.6 acres feet of water rights in the Lounsbury well and additional rights in the Mathis Park area for reuse water, in the amount of $391,431.20.

Water Services Director Barry Barnum explained that the City will be buying about 800 acre feet of irrigation water and 240 acre feet of water in the Lounsbury well which has the potential of being transferred to the Snow Canyon wells. Even with the reuse water, there is the potential for a five year payback on the purchase, and the irrigation water is about a break-even. Overall, it is a good deal for the City.

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

DEVELOPMENT AGREEMENT:
Consider approval of a development agreement between the City and Beehive Homes.

City Manager Gary Esplin explained that approval of the agreement will allow Beehive Homes to use City property for a detention basin and privacy walls.

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

AGREEMENT:
Consider approval of a reliability delegation agreement with UAMPS.

City Manager Gary Esplin explained that an agreement is needed to conform with the Energy Policy Act of 2005.

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

AGREEMENT:
Consider approval of a real estate purchase agreement with the Harmon Johnson Family Trust.

City Manager Gary Esplin explained the agreement is to purchase 10.03 acres of land at the replacement airport site for $727,175.

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

AGREEMENT:
Consider approval of a real estate purchase agreement with Chris Roberts, Frank Allen, Nora and Raymond Brown, Gayle Winterrose and Chad and Holly Chiniquy.

City Manager Gary Esplin explained the agreement is to purchase 40.12 acres of land at the replacement airport site for $2,908,700.

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

AGREEMENT:
Consider approval of a development agreement for the Lakes project.

City Manager Gary Esplin explained that this agreement was discussed in concept at the last work meeting. The property is zoned R-1-10 and is already master planned and has some

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December 6, 2007
Page Seventeen

entitlement rights as far as R-1-10 zoning. The Lakes agreesthat they will donate to the City the property for the community park and neighborhood park and build the neighborhood park. They are going beyond what the City considers the intent of the density bonus program in fulfilling their needs, so they are not included in the density bonus overlay zone. They are asking for additional density within the project, but overall it fits in the R-1-10 zone. They have open space areas and staff feels good about the project. The only concern needing clarification is the triggers for when the roads and parks will be built.

Deputy City Attorney Joseph Farnsworth advised that as far as timing of the parks, he spoke with the developers and had numerous meetings about the mechanism for reimbursement of impact fees and the timing for building the parks. It is stated in the agreement that these issues will be addressed in a separate agreement.

City Attorney Shawn Guzman advised that details on the impact fees can be worked out at a later date, but when construction of the parks will take place cannot be left wide open. A minimum in the agreement will be needed such as how many residents it will take in order for the neighborhood park to be built.

A representative of the Lakes commented that this was fine.

Mr. Farnsworth commented that road construction trigger points are addressed in the traffic impact study and incorporated into the agreement. A provision in the development agreement states that the traffic impact study can be amended as needed.

City Manager Gary Esplin commented that the applicants are paying only a portion of some of the off-site traffic signals, so when they go in is a question. The City may want to require their portion of these funds up front. When secondary access roads are needed is addressed in the traffic study.

Matt Ence, representing the applicant, advised that the timing of the offsite roadway improvements will be left to the control of the Public Works Department to tell them when they are needed, and when they would make their contribution if some of the improvements needed to go in prior to the first plat. They would like the park timing issue part of a separate agreement as no one has come up with a good idea and both sides said they would work with each other. He stated he was not opposed to putting something in the agreement, however, one thing that may mitigate the need for parks to be built is that the applicant is dedicating a lot of open space that is already useable for recreation purposes such as 80 acres of open space and trails that does not need to be improved to be used. With regard to the impact fee credits, the City has already established things the impact fees will be used for. The developers are saying that if they build something in the capital facilities plan, they want to be credited or reimbursed for that. The Hidden Valley project had a separate agreement for impact fees, and the applicant would like to do the same. They are agreeable to the same principles except for one feature - they are not asking for a density credit. They are only asking for what it is already zoned and in return are saying they are putting in neighborhood park improvements and getting an impact fee credit. They are saying they will dedicate neighborhood parks, dedicate a community park, but they want credit or reimbursement for basic neighborhood park improvements, in addition to getting credit for community park improvements and other improvements.

City Attorney Shawn Guzman clarified that the applicants are also dedicating a master planned trail.

Matt Ence stated that if master planned trails are included in the capital facilities plan, the applicants would like reimbursement if they build them.

City Attorney Shawn Guzman inquired if the applicants were willing to landscape the trail without getting credit and dedicating that property within the parcel.

Mr. Ence replied yes.

City Manager Gary Esplin commented that his understanding of the idea is if the applicants wants to improve the community park, which is the City?s responsibility, the City would give them the impact fees. However, giving impact fee credits for a neighborhood park is a different issue. He stated he did not know if the City should take the risk if the parties cannot come to terms.

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December 6, 2007
Page Eighteen

Matt Ence stated he felt comfortable with the draft with the deletion of one sentence. He stated they were planning on coming back to discuss how the impact fees will be reimbursed or credited. He stated he did not think it was necessary to have that information in the agreement.

City Attorney Shawn Guzman advised that they have worked well together and trust each other. His job, however, is to make sure everything is buttoned down and this is a big item. He stated he felt it had to be in the body of the agreement, and he would not be comfortable approving it without having it spelled out.
An unidentified man commented they always intended to build the parks. If it is the City?s desire to build neighborhood parks without credits, they will do that and keep it in the agreement. More important than that is to move forward with development on the current timetable.

City Manager Gary Esplin commented he did not want the applicants to feel they were being forced into anything, but for consistency, and if they are agreeable and want to build to the same standards as a City basic park, then the City would agree to add in impact fees if they want to put in anything extra. They are building the community park and the City should give those impact fees back if the applicants want to build it before it is required in the master plan.

City Attorney Shawn Guzman advised that applicants will also be dedicating the trail.

MOTION: A motion as made by Council Member Gardner to approve the development agreement based on legal review, that it is consistent with the City?s concepts, and with the offer the applicants proposed.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held November 1, 2007.

Consider approval of the minutes of the City Council work meeting held November 8, 2007.

Consider approval of the minutes of the special City Council meeting held November 14, 2007.

Consider approval of the minutes of the regular City Council meeting held November 15, 2007.

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

ADJOURN TO RDA MEETING:
MOTION: A motion to adjourn to an Redevelopment Agency meeting was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

ORDINANCE:
Consider approval of an ordinance amending the ?Ft. Pierce Community Development Project Area Plan? (Ft. Pierce CDA) dated September 18, 2006.

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

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December 6, 2007
Page Nineteen

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

The vote was unanimous and the motion carried.

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

The meeting adjourned at 9:00 p.m.





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Gay Cragun, City Recorder