City Council Minutes

Thursday, July 22,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JULY 22, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Rod Orton Councilmember Suzanne Allen Councilmember Larry Gardner City Manager Gary Esplin Deputy City Attorney Ron Read City Recorder Gay Cragun EXCUSED: Councilmember Sharon Isom Councilmember Bob Whatcott OPENING: Mayor McArthur welcomed all in attendance and advised that due to the excused absences of two Councilmembers, all voting would have to be unanimous in order for a motion to pass. The flag salute was led by City Manager Gary Esplin, and the invocation was offered by Reverend Julia Keene of the Unity Church. BID OPENING: Consider establishment of a blanket purchase order in an amount not to exceed $40,000 for the next fiscal year with Interstate Rock Products. City Manager Gary Esplin advised staff is recommending establishment of a blanket purchase order under the state contract in an amount not to exceed $45,500 based on tonnage for the purchase of chips with Interstate Rock Products. A motion was made by Councilmember Allen to approve the blanket purchase order under the state contract in an amount not to exceed $45,500 with Interstate Rock Products. The motion was seconded by Councilmember Orton, and all voted aye. BID OPENING: Consider establishment of a blanket purchase order for chip seal oil in an amount not to exceed $100,000 with Crown Asphalt. City Manager Gary Esplin advised staff is recommending establishment of a blanket purchaser order under the state contract in an amount not to exceed $100,000 for the purchase of chip seal oil with Crown Asphalt. A motion was made by Councilmember Gardner to approve establishment of a blanket purchase order with Crown Asphalt under the state contract in an amount not to exceed $100,000. The motion was seconded by Councilmember Orton, and all voted aye. BID OPENING: Consider award of bid for the purchase of circuit breakers for the Power Department. City Manager Gary Esplin presented two bids received for the purchase of circuit breakers for the Power Department: Royal Utility Supply $79,400; and Siemens Power $71,702. He recommended award of the bid to the low bidder, Siemens Power, in the amount of $71,702. A motion was made by Councilmember Gardner to award the bid to the low bidder, Siemens Power, in the amount of $71,702. The motion was seconded by Councilmember Allen, and all voted aye. BID OPENING: Consider award of bid for construction of a roundabout at the intersection of Diagonal, 200 North, and Main Street. City Council Minutes July 22, 1999 Page Two City Manager Gary Esplin presented three bids received for construction of the roundabout at the intersection of Diagonal, 200 North, and Main Street: Sunroc Construction $211,701.66; Western Rock Products $222,545.55; and Merrick Young Construction $189,805.50. Mr. Esplin advised that the apparent low bidder, Merrick Young Construction, has since requested that their bid be withdrawn. As a result, Sunroc Construction is the apparent low bidder. A revision in the scope of work is being recommended as follows: to the base bid of $192,425, street lights in the amount of $19,125 be added, stamped concrete in the amount of $4,147 be added, and colored concrete in the amount of $385 be added, for a total award of $216,082. A motion was made by Councilmember Gardner to award the bid to Sunroc in the total amount of $216,082. The motion was seconded by Councilmember Orton, and all voted aye. RESOLUTION: Consider approval of a resolution vacating the easement between Lots 85 and 83 of the St. James Subdivision, Phase 5. City Manager Gary Esplin explained a request has been received to combine three lots into two, thereby necessitating an abandonment of easements. The property owners will provide the City with new easements. A motion was made by Councilmember Orton to approve, by resolution, abandonment of easements between Lots 85 and 83, St. James Subdivision, Phase 5. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution authorizing a notice of intention for creation of Special Improvement District 99-2 in the Bloomington Ranches area. City Manager Gary Esplin explained that the Spectrum did not publish the original notice of intention as instructed, therefore, the process had to begin again. A motion was made by Councilmember Orton to authorize, by resolution, the publication of the notice of intention to create SID 99-2 and set dates for hearings. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution to create City of St. George, Utah, Special Improvement District No. 99-1 described in the Revised Notice of Intention concerning the District, and authorizing City officials to proceed to make improvements as set forth in the Revised Notice of Intention to Create the District; authorizing the City Engineer to prepare a notice to contractors for sealed bids with respect to the construction and improvements; and related matters. City Manager Gary Esplin explained the purpose of this SID is to install a new sewer outfall line from the Green Valley area to the Tonaquint Park area. All affected property owners have agreed to their assessments, therefore a public hearing is not necessary. A motion was made by Councilmember Gardner to approve, by resolution, the creation of Special Improvement District 99-1, and authorize the City Engineer to prepare a notice to contractors for sealed bids. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. SET PUBLIC HEARINGS: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended that public hearings be scheduled for August 19, 1999 at 5:00 p.m. to consider a zone change from A-20 to A-1 on 7.26 acres located on the east side of Little Valley Road south of Seegmiller Drive, and to consider an amendment to the Zoning City Council Minutes July 22, 1999 Page Three Ordinance to add criteria for a residential facility for persons with a disability. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. ROAD DEDICATION PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of July 13, 1999, recommended approval of the road dedication plat for Twin Lakes Road. A motion was made by Councilmember Allen to approve the road dedication plat. The motion was seconded by Councilmember Gardner, and all voted aye. ROAD DEDICATION PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended approval of the road dedication plat for the Middleton Drive Extension. A motion was made by Councilmember Allen to approve the road dedication plat. The motion was seconded by Councilmember Gardner, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended approval of the final plat for Dixie Downs Retirement Community Phase 1. Councilmember Gardner inquired if improvement of the roadway in front of the development would tie into Snow Canyon Parkway. City Manager Gary Esplin advised the developers will be required to improve their frontage, however, that frontage will not connect to Snow Canyon Parkway, as there is still a piece of property owned by School Trust Lands that will have to be improved in order to tie to Snow Canyon Parkway. Mr. Esplin advised he would speak with Ric McBriar of School Trust Lands to determine their position, however, the City has no control over School Trust Land?s timetable for development. A motion was made by Councilmember Gardner to approve the final plat for Dixie Downs Retirement Community Phase 1 and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Orton, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for an extension of a conditional use permit for a communications tower at the corner of Bluff Street and Sunset Blvd. Nextel, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting held July 13, 1999, recommended approval of an extension to a conditional use permit for a communications tower at the corner of Bluff Street and Sunset Blvd. The facility, including a trailer, is 8.5' x 14' with a 60' high tower. The original approval was for a temporary facility, but the applicants have not been able to find a permanent location. The Planning Commission recommended approval subject to a two year time limit. Councilmember Orton inquired if the City had heard from the property owners. The applicant advised the owners are willing to extend the lease on a month-to-month basis. City Council Minutes July 22, 1999 Page Four A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. DISCUSSION RE CENTENNIAL PARK: Presentation from Mr. David Briseno regarding development of the Centennial Park between Pine View Middle School and the Panorama Elementary School. Mayor McArthur briefly reviewed the history of the planning of this park in cooperation with the Washington County School District, and the City?s intention to irrigate the park with water from the Sandberg Pond rather than using valuable culinary water or inferior well water. Mr. Briseno advised the majority of nearby residents want a traditional park with restrooms, not a nature trail and amphitheater. He advised that donations have been received from merchants, and funds raised by the Panorama PTA to purchase playground equipment for the park. He advised that water from the neighboring school systems could be used to water the park, but if the City is not going to develop the park soon, the sign should be taken down and the area fenced so it cannot continue to be used as a dump. Mayor McArthur agreed the area needed to be protected. Kent Perkins reviewed the history of the planning of Centennial Park, and explained the many problems experienced with the site such as lack of water, poor topsoil, etc. He advised that several neighborhood meetings were held with regard to the proposed park. The proposed park is located on School District property, and will be a joint project between the School District and City. However, the principals of the two neighboring schools have not come to agreement over what amenities should be provided at the park. At the time the park was originally approved by the School District and the City, it included trails, a natural area, and amphitheater. He stated that Mr. Briseno and the PTA?s ideas for the park conflict with what has already been approved and planned for the park based on past meetings. He advised that the City is still planning for the park and is currently working on engineering agreements and the project will soon be put out to bid. Mayor McArthur inquired of Mr. Perkins what steps could be taken to make the area safe as the planning process continues. Mr. Perkins advised that he did not feel comfortable grading the site or destroying native plants as a natural area is desired by the adjacent principals. Councilmember Gardner inquired if trees could be planted around the periphery of the park and watered with a drip system. Mr. Perkins advised it would be possible but the trees would have to be watered with culinary water, and this would involve approval by the Water and Power Department. City Manager Gary Esplin suggested that improvements to the park be defined, as there is obviously a disagreement between Mr. Briseno and the PTA and the school principals about what is wanted at the park. He advised that once that determination has been made, the park can be designed and bid out. Mr. Esplin advised that in his opinion the water issue would soon be resolved. City Council Minutes July 22, 1999 Page Five Mr. Briseno advised there is a nature trail at the 2450 East Park, and one is not needed at Centennial Park. He stated nearby residents also do not want bushes in Centennial Park. City Manager Gary Esplin advised the plan must be approved by the School District as it is their property, and the City does not have a right to do anything to or place anything on their property without their approval. He stated a joint written agreement was needed between the School District and the City. Councilmember Gardner commended Mr. Briseno on his efforts, and suggested that he and PTA members meet with the affected school principals to resolve the issue. The City could then proceed with planning the park if water is not going to be an issue. Teresa Midler, past president of the Panorama PTA, advised that Mr. Cottam, principal of Panorama Elementary, would not attend this meeting because the issue was not a school issue, and he did not want to be involved. City Manager Gary Esplin suggested that if the PTA can obtain a signed letter from both school principals or Superintendent Granger stating they have no preference for the park, the City will proceed with its planning. Mayor McArthur directed Kent Perkins to set a meeting to further discuss proposed amenities at the park and see if agreement can be reached. Kent Perkins advised he would invite interested residents and the affected principals to the meeting, and will report back at the next City Council meeting. ABATEMENT OF INTEREST AND PENALTIES IN SID ASSESSMENT: Consider a request from Mr. Michael Maclennan for abatement of interest and penalties for a special improvement district in the Graham Subdivision area. City Manager Gary Esplin explained that Mr. and Mrs. Michael Maclennan are trying to get a loan to build a home on the property in question, however, the amount owing on the SID is hampering their efforts to obtain a loan. The assessment on the property was originally $7,592.80, but 15 years of interest and penalties have accrued to now bring the total owing to $20,511.71. He advised the Maclennans are not disputing the original assessment. He explained there are were a few alternatives, including taking no action and allowing the assessment, interest and penalties to remain, or waive the actual interest and penalties that accrued after the end of the district in the amount of $4,696.21. He stated that justification could be made for this abatement based on the affordable housing program, and recognizing that this is the Maclennan?s first home. Councilmember Gardner commented that the assessment will continue to grow and eventually get so large that no one will ever be able to afford to build on the lot, and that it is better to collect a little rather than nothing. Mayor McArthur stated he was in favor of forgiving the interest and penalties which accrued after the closing date of the district. Councilmember Orton expressed concern that this may set a precedent. City Manager Gary Esplin responded that each future request for abatement will have to be evaluated on its own merits. City Council Minutes July 22, 1999 Page Six A motion was made by Councilmember Gardner to approve an abatement of interest and penalties in the amount of $4,696.21. The motion was seconded by Councilmember Allen, and all voted aye. TRANSFER FALCON CABLE FRANCHISE: Consider a request for approval of a transfer of control of the Falcon Cable TV franchise to Charter Communications. Rich Reniewicki, Regional Manager of Falcon Cable, advised that Falcon Cable wises to transfer its franchise to Charter Communications. This sale will bring many new and exciting things to cable in St. George. According to the terms of the franchise, authorization is needed from the City Council for this sale to take place. He advised that as discussed in a previous meeting with the City Council, a fibre system will be installed to improve picture quality, and commitments have been received to broadcast over this new system from KUTV, PAX, the CEC, and KSL. He advised that with regard to the CEC payment by Clear Vision Cable, he felt comfortable that the issue could be resolved, but it is an issue with Clear Vision, not Falcon. Mayor McArthur advised he received a telephone call from one of the owners of Clear Vision who assured him that all arrearage would be paid. City Manager Gary Esplin stated that Falcon has agreed to help with the audit of Clear Visions by furnishing the City with any materials it may have concerning the buy-out. Mayor McArthur commented that any time a cable company changes hands, there should be an audit, as that is a requirement of the franchise agreement. A motion was made by Councilmember Orton to approve transfer of control of Falcon Cable to Charter Communications. The motion was seconded by Councilmember Gardner, and all voted aye. DISCLAIMER OF INTEREST IN POWER EASEMENT: Consider approval of a disclaimer of interest for a power easement located north of the I-15 freeway in the Middleton area. City Manager Gary Esplin explained that many years ago an easement was granted by Mr. Frank Hawkes to the City for a power line. However, the easement was granted for an area extending north of the I-15 freeway, but the actual power line was installed on the south side of the I-15 freeway. There is also a question of whether Mr. Hawkes had the authority to grant the easement. It is now being requested that the City give up any interest it may have in the easement lying north of the I-15 freeway. Mr. Jeff Wilcox, representing Mr. Russ Gallian, stated that the disclaimer would reserve any easement rights the City may have to an existing power line and guy wires which terminate in the southwest corner of the property. Deputy City Attorney Ron Read advised the disclaimer would simply be relinquishing rights the City does not have anyway, and a reservation of easement rights in the disclaimer is not going to provide the City with any additional rights. Those easement rights can be obtained when the property is developed. City Manager Gary Esplin stated he was confident the City would be able to obtain an easement when the property is developed. A motion was made by Councilmember Gardner to approve the disclaimer of interest as requested. The motion was seconded by Councilmember Allen, and all voted aye. City Council Minutes July 22, 1999 Page Seven RECOMMENDATION RE SPEED LIMITS: Consider a recommendation from the City?s Traffic Division regarding speed limits for certain City streets. City Manager Gary Esplin read the recommendations submitted by the City?s Traffic Division. A motion was made by Councilmember Gardner to approve the speed limits as recommended by the City?s Traffic Division. The motion was seconded by Councilmember Allen, and all voted aye. Councilmember Allen commented she had received several telephone calls about the speed limit on Snow Canyon Parkway. City Engineer Dave Demas advised that when the Parkway is completed, another speed analysis will be done and it will be forwarded to the City Council for their action. PURCHASE OF CITY PROPERTY: Consider approval of an offer to purchase City property located at the site of the old sewer plant. City Manager Gary Esplin advised that the offer is for $1,700,000 for 8.5 acres of property. A survey has not yet been performed on the property, and the purchase price could be adjusted up or down based on the actual square footage. The terms of the offer include $50,000 earnest money, $650,000 at closing, with the balance of $1,000,000 paid within 12 months at 6% interest. The City will be responsible to provide a title policy and Phase 1 and 2 environmental surveys, and remediation of any environmental concerns. The buyer is also requesting the City use a certain geo tech consultant, but Mr. Esplin advised there are 4-5 qualified companies in the St. George area, and the City would like the opportunity to use a qualified firm based on proposals to be received. Mayor McArthur inquired about the payment of a real estate commission fee. Mr. Esplin responded that there would be no real estate commission fee, as the issue had been resolved. Councilmember Orton inquired if the earnest money was non-refundable. The purchaser, Dale Jones, responded that as long as the City met all the terms of the agreement, it was non-refundable. However, if the property could not pass EPA standards, the purchasers would request return of the earnest money. City Manager Gary Esplin advised that terms of the offer also include a requirement that an interest-bearing escrow account be set up for the earnest money. He explained that the City tried to sell the property through a listing with the Board of Realtors. Bids were opened in June with only one bid received for $1,000,000. He advised that a proposed street runs through the middle of the property which the City will vacate and make part of the available acreage. Mr. Dale Jones of Sandale Properties advised he and his partners are developing 13-15 acres of commercial property across the street from the City property. He advised that while not committing to anything, he hoped to do something to generate added income for the City while providing amenities for its residents. He advised he has signed a lease with a major movie theater to provide 12 theaters, one a large format Imax type. He stated his intent is to provide Class A retail space and to develop it as soon as possible. City Council Minutes July 22, 1999 Page Eight A motion was made by Councilmember Orton to accept the offer to purchase City property in the sum of $1,700,000 for 8.5 acres, with $50,000 non-refundable earnest money, $650,000 at closing, and the balance within one year at 6% interest, with the City?s responsibilities as outlined by City Manager Gary Esplin. The motion was seconded by Councilmember Gardner, and all voted aye. Deputy City Attorney Ron Read advised he had read the offer and found several clerical mistakes. He also advised that the non-refundable earnest money is being paid to the City to be held in an interest-bearing account to be returned to Mr. Jones if the City cannot meet all of its requirements. Mayor McArthur asked that the motion previously approved be amended to include the caveat that the purchase agreement be subject to the minor changes and correction of clerical errors as requested by the Deputy City Attorney. It was the consensus of the City Council to do so, and all voted aye. Councilmember Gardner stated that the City is a silent partner in all business ventures within the City, and he wished Mr. Jones well with his business venture. EXCHANGE OF PROPERTIES: Consider exchange of properties in the Southgate Golf Course area with Tonaquint, Inc. Gerry Brown, agent. City Manager Gary Esplin explained a minor land exchange is being requested between the City and Tonaquint, Inc. He explained that a few small parcels of property remained in the hands of Tonaquint, Inc. when the Southgate Golf Course was transferred which they cannot use and would like to exchange for one small parcel of property owned by the City. Both parties will benefit by the exchange, and the exchange will help to clean up several areas next to the golf course. A motion was made by Councilmember Gardner to approve the exchange of properties between the City and Tonaquint, Inc. The motion was seconded by Councilmember Orton, and all voted aye. LOCAL CONSENT/RESTAURANT LIQUOR LICENSE AND BEER LICENSE: Consider a request for approval of local consent for a restaurant liquor license and a beer license for Sunset Beach Restaurant located on Sunset Blvd. next to the Maverik store. Ronald James, applicant. City Manager Gary Esplin advised this item was tabled from a previous agenda because the original location was too close to a school and did not meet distance requirements of the City?s ordinance. Gary Kuhlmann, representing the applicant, advised his clients found a new location adjacent to the Maverik store on the corner of Dixie Downs and Sunset Blvd. which meets all distance requirements of the City?s ordinance. The upscale sit-down restaurant may contain 8,200 sq. ft. in a two story building with a water and beach feature. Proposed seating capacity is 500. A motion was made by Councilmember Orton to approve local consent for a restaurant liquor license and a beer license for the Sunset Beach Restaurant located on Sunset Blvd. next to the Maverik store. The motion was seconded by Councilmember Allen, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the special City Council meeting held July 6, 1999. City Council Minutes July 22, 1999 Page Nine A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Gardner, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held July 8, 1999. A motion was made by Councilmember Orton to approve the minutes as amended. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss a possible property purchase was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. RECONVENE: A motion to reconvene was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. DISCUSSION RE CERTIFIED TAX LEVY: A discussion was held regarding the final certified tax rate for the City for fiscal year 1999-2000. After discussion, the City Council determined that based on the approved estimate of revenue for property taxes, the tax rate should be set at .001643 for the General Fund. The City Council then discussed the amount necessary for the rate to cover the debt service for the Parks and Recreation General Obligation Bonds. It was determined that the rate should be .000461. These rates, when added together, are less than the rates for fiscal year 1998-99. DISCUSSION RE MOSQUITO ABATEMENT: Councilmember Allen inquired about a mosquito abatement program. Mayor McArthur stated he was in favor of such a program, but it should be spearheaded by the County in a year-long program. City Manager Gary Esplin advised the City cannot locate anyone certified to spray, as no one can afford the liability insurance. He explained he informed Parks personnel that if the County will not participate, and the City can locate a certified sprayer, the City will spray within its own community along golf courses and parks. However, it is too late to spray this year and hopefully someone can be located in time to spray next year. ADJOURN: A motion to adjourn was made by Councilmember Allen. The motion was seconded by Councilmember Gardner, and all voted aye. The meeting adjourned at 7:15 p.m. ____________________________ Gay Cragun, City Recorder