City Council Minutes

Thursday, May 4,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING MAY 4, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Bob Whatcott Councilmember Larry Gardner City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Councilmember Rod Orton OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Councilmember Allen, and the invocation was offered by Councilmember Gardner. Mayor McArthur advised that he, City Manager Gary Esplin, and Ron Thompson just returned from Washington D.C. where they testified before a Congressional Committee of the Bureau of Indian Affairs on a water rights settlement. He advised the settlement has been in negotiation for four years, and everyone will benefit from the settlement. The bill will be passed within the next 60 days which will allow the City to implement its water reuse plan, provide water to the Shivwits Band, and take care of other water issues in the next few years. Mayor McArthur read a proclamation proclaiming the week beginning May 7, 2000 as Elks Youth Week. Councilmember Gardner advised the Dixie Junior Livestock Show was bigger than it has ever been with 170 youth participating and 250 animals. The event was well supported by the community. Amy Shumway, Janet O?Reilly, and Terry Draper, representing the Concert Walk, invited the Mayor and Council to participate in the walk on May 12, 2000 at 7:00 p.m. The walk will begin at the Canyons Softball complex. Mayor McArthur announced that the east side of Foremaster Drive will be closed through Saturday night to accommodate the X-Games qualifier event. AWARD OF BID: Consider approval of a blanket purchase order for polymer for the Wastewater Treatment Plant. Purchasing Agent Sue Swensen advised the City received only one bid, that being from Polydyne, the company who has been supplying the City with polymer the past few years. She recommended award of the bid to Polydyne in an amount not to exceed $90,000 for the year. A motion was made by Councilmember Whatcott to award the bid to Polydyne in an amount not to exceed $90,000 for the year. The motion was seconded by Councilmember Isom, and all voted aye. Mayor McArthur invited a Scout from the audience to introduce himself. He also invited three young women from an Honors English class at Dixie High School to introduce themselves. St. George City Council Minutes May 4, 2000 Page Two CEMETERY ORDINANCE: Consider amendments to the Cemetery Ordinance. City Attorney Jonathan Wright explained this ordinance amends the ordinance previously approved by the City Council which allows veterans a free plot in the Tonaquint Cemetery. Mr. Wright explained the proposed changes which clarify when a veteran may choose his or her plot and purchase one for his or her spouse, and if a veteran already owns a plot but wishes to take advantage of a free plot in the Tonaquint Cemetery, the plot owned will automatically revert to the City. A motion was made by Councilmember Isom to approve the ordinance. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. Councilmember Gardner advised that he and Councilmember Orton attended a dedication for veterans at the Elks Lodge as a Legacy 2000 project. He suggested the matter be scheduled on a City Council agenda for recognition. INTERNATIONAL MECHANICAL CODE ORDINANCE: Consider approval of an ordinance adopting the International Mechanical Code for the City of St. George. City Manager Gary Esplin advised the City periodically adopts by reference the International Mechanical Code as it is updated. A motion was made by Councilmember Whatcott to approve the ordinance. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement along Lot 19 of Eagle?s Landing Subdivision, Phase 2 and Lot 19 in the St. James Lane Subdivision. City Manager Gary Esplin explained the lots back to each other and the owner of the lots would like to build one home on the combined lots. Staff has reviewed the request and does not object to it as necessary easements are being provided around the exterior of the lots. A motion was made by Councilmember Gardner to approve the resolution. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement along Lots 79 and 80, St. James Subdivision, Phase 4. City Manager Gary Esplin advised there has been an encroachment on one of the lots, and the easement will be moved from Lot 80 to 79. Staff has reviewed the request and has no objections. A motion was made by Councilmember Whatcott to approve the resolution. The motion was seconded by Councilmember Gardner. 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 of April 25, 2000, recommended public hearings be scheduled for June 1, 2000 at 5:00 p.m. to consider the following items: (A) A zone change from R-1-10 to R-7 on 2.06 acres located at 1460 West Snow Canyon Parkway. Allan Carter is the applicant. (B) A zone change to amend St. George City Council Minutes May 4, 2000 Page Three the Pheasant Springs PD located at 620 South Indian Hills Drive on the northern 12.61 acres, and to change the zone from the Pheasant Springs PD to R-1-7 on the southern 21.3 acres. Cary Blake is the applicant. (C) A zone change from R-1-10 to R-1-7 on 22.266 acres located between Dixie Drive and Valley View Drive, and between 100 North and the Santa Clara River. Clayton Leavitt is the applicant. Mr. McGuire advised the Planning Commission recommended that a request for a zone change from RE-20 to R-1-10 on 35.523 acres located at 2450 South 2550 East not be advertised for public hearing. The applicant is Derrill Larkin, and he later withdrew his request. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held April 25, 2000, recommended approval of the final plat for Sun River St. George Phase 2B. The final plat conforms to the preliminary plat. A motion was made by Councilmember Gardner to approve the final plat and authorize the Mayor to sign it. The motion was seconded by Councilmember Isom, and all voted aye. TONAQUINT CEMETERY PLATS: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held April 25, 2000, recommended approval of the preliminary and final plats for the Tonaquint Cemetery. It was decided that in order to avoid having to amend the plat each time a plot were divided, a map would simply be filed with the County Recorder. There is a need for expediency as a burial is scheduled for tomorrow. A motion was made by Councilmember Allen to approve the preliminary and final maps for the Tonaquint Cemetery. The motion was seconded by Councilmember Whatcott, and all voted aye. OTHER PLANNING COMMISSION ACTION: Associate Planner Jim McGuire advised that a request by Kevin Dewitt for a conditional use permit was withdrawn by an agent of the applicant. The applicant apparently did not want the request withdrawn, and it will be rescheduled on an upcoming Planning Commission agenda. REQUEST FOR BUILDING PERMIT IN LITTLE VALLEY: Consider a request for approval of a building permit in the Little Valley area. Ryan Sullivan, applicant. City Manager Gary Esplin advised staff has concerns with concurrency issues and the need for a direct access off Little Valley Road. Ryan Sullivan advised his uncle has offered to sell him an acre of land located on the old family farm off Little Valley Road. He stated he would like to know if he could build a home on the property before he bought it. Mayor McArthur explained the problems the City has encountered in allowing development in the Little Valley area without installation of improvements. The City has since approved a policy that requires full improvements at the time of construction. City Manager Gary Esplin advised the City is not issuing any permits in Little Valley except in an approved subdivision. He advised the Subdivision St. George City Council Minutes May 4, 2000 Page Four Ordinance also requires a subdivision any time a parcel of property is divided. City Attorney Jonathan Wright advised the subdivision process requires improvements to be in place in order to meet the Subdivision Ordinance and the City?s concurrency policy. City Manager Gary Esplin advised another SID could be formed to install the sewer, but the question of access still remains as it is a violation of City policy to allow an access for a private residence off a collector road. The City?s main concerns are the lack of sewer in the area and compliance with the Subdivision Ordinance. Councilmember Allen explained the City in the past accommodated the wishes of those who built in the Little Valley area by not requiring installation of improvements at that time and accepting a waiver of their opposition to any future SID. This decision has caused problems. Mayor McArthur advised he was concerned with setting a precedent. Mr. Sullivan explained he did not want to build a home for at least two years, but needed to know if he should purchase the land. Mr. Hal Sullivan inquired if septic tanks were legal. City Attorney Jonathan Wright explained the issue was adherence to the Subdivision Ordinance, and any time a piece of property is divided, regardless of how many parcels it is divided into, a subdivision is being created. Councilmember Gardner explained a new State statute states that a division of property qualifies as a subdivision, unless it is into parcels of 20 acres or more. Ryan Sullivan would be able to build a home on the one acre parcel, but the Subdivision Ordinance would have to be adhered to and improvements installed. The property can be sold to Ryan Sullivan, but that does not necessarily mean building rights are included. City Manager Gary Esplin advised that a minor subdivision could be created, but the Subdivision Ordinance would still govern. City Attorney Jonathan Wright advised there is also an exemption to the Subdivision Ordinance for farmland. Councilmember Isom advised Ryan Sullivan he would have to comply with the Subdivision Ordinance in order to build his home. City Attorney Jonathan Wright advised the City Council in the past waived requirements for improvements required under the Subdivision Ordinance. Councilmember Isom expressed concern that Mr. Sullivan did not know about the Subdivision Ordinance until he came before the City Council. Ryan Sullivan explained he was told access could be had for lots one acre and larger. Mr. Wes Sullivan advised the requirement for a subdivision did not make sense. Councilmember Isom commented if the City Council ever granted another waiver for improvements, it should be done only by recorded document. St. George City Council Minutes May 4, 2000 Page Five City Attorney Jonathan Wright advised the Little Valley area is changing from an agriculture use into hodge podge residential development, and all other areas of St. George are required to adhere to the Subdivision Ordinance. Mayor McArthur advised Ryan Sullivan that if he completed the subdivision process, the City would then consider his request. A motion to deny the request was made by Councilmember Isom. The motion was seconded by Councilmember Gardner, who stated he felt there should be more discussion, and while he would like to help the applicant, the City Council needed to be consistent in application of the law and concurrency requirements while balancing the rights of the property owner. He stated he felt the issue should not have come before the City Council before formation of a subdivision. City Attorney Jonathan Wright advised that under the City?s concurrency policy, no building permit will be issued until the subdivision process has been completed. Councilmember Whatcott stated he thought the applicant?s request was premature. Mayor McArthur called for a vote, and all voted aye. The request was denied. PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size to M-1 Manufacturing on 40.28 acres located north of Millcreek Industrial Park, east of 3050 East. Scott Sandberg, , representing White Hills, L.C., applicant. Community Development Director Bob Nicholson advised the General Plan identifies this property as future industrial, and the Planning Commission unanimously recommended approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Councilmember Gardner to approve by ordinance the zone change request. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. Mayor McArthur stated for the record that in the early days of planning, any property annexed to the City came in as R-1-10 zoning. Annexed property now comes in as open space, mining or grazing. PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size to PD Planned Development Residential for Sedona Hills, a 72 unit townhome project on 19.04 acres located on the south side of Snow Canyon Parkway at about 1200 West. Vincent Clayton, applicant. Community Development Director Bob Nicholson advised the developer will be required to improve Snow Canyon Parkway by adding another lane, as well as installing curb and gutter. The applicant is proposing detached homes, with no access into the Bowler, Ence, Marsh Subdivision. The plan allows for horses to continue to use the graveled road under the power line easement with access to Paradise Canyon through Halfway Wash. The developer will install a 6' high wall. St. George City Council Minutes May 4, 2000 Page Six Mayor McArthur inquired if an unpaved trail could be provided for horses. Mr. Nicholson replied there is room adjacent to the trail. He advised the Planning Commission considered this request twice, the last time resulting in a 3 to 3 split. Since that meeting the applicant has changed the plan and removed two units to provide more open space. Vince Clayton advised he represented Ence Brothers Construction Company. The original request to the Planning Commission contained one and two level detached homes, but the two level homes were removed from the plan to satisfy the neighborhood. The two level homes have now been included again in order to provide a broader mix of people and attract families. The 19.04 acre site includes .17 acre of hillside, leaving a net acreage to work with of approximately 18 acres. 72 units are proposed for a density of 3.81 units per acre. The proposed PD has a density similar to R-1-8 zoning. Councilmember Gardner inquired if the applicant would consider opening up the south boundary of the project. Mr. Clayton replied City ordinance requires a perimeter wall. Community Development Director Bob Nicholson advised the ordinance does not preclude access. Mr. Clayton advised he would consider it on the preliminary plat, but a PD use is quite different from the animal use in the Bowler, Ence, Marsh Subdivision. He advised the ordinance does not require sidewalks in a PD, but sidewalks will be placed around the interior loop. He displayed an aerial photo of the project and surrounding projects. Mayor McArthur opened the public hearing. Jody Valantine, a resident of Southwind, stated she was concerned with the amount of traffic in the area. She stated she felt the PD would not make a change in the area for the best, although she recognized the efforts of the developer to provide more open space. She advised that the area she lives in, designated as Area 5 by the Police Department, is higher in accidents, traffic enforcement and safety problems than any other area of the City, excluding Spring Break incidents, due to the density. She stated she was for keeping the density down in the area in order to keep quality people who will stay in the area. She advised the property in question is currently zoned R-1-10 and should remain so as there are more mobile homes, townhomes, and condominiums in the area than single family homes. Lisa Shaw advised she would like to see a consistent area of single family homes. Councilmember Isom inquired of Ms. Shaw what she considered single family homes. Ms. Shaw replied single family homes, not PDs. She stated that smaller homes at lower prices eventually turn into rentals and as a result crime increases. Councilmember Gardner inquired as to the densities of surrounding projects. Kim Ence replied the density in the Spanish Palms project is 12 units per acre, and density in the Millcreek Cottages PD is 6.5 units per acre. This project proposes 3.8 units per acre. St. George City Council Minutes May 4, 2000 Page Seven Councilmember Gardner advised that while he understood the concerns of the neighborhood, this proposed PD differs substantially in density and size of units from nearby projects. Ms. Shaw stated she was concerned about the initial cost of the homes, as well as the project?s influence on the nearby elementary school, as more children are moving out than moving in. Councilmember Allen stated that the two story units would help draw families to the proposed project. Ms. Shaw advised there were approximately 6,000 people in Area 5. She displayed a map of existing open space. She advised she did not like the proposed wall as it divided the neighborhood. Councilmember Gardner inquired of Ms. Shaw if she was concerned the project would not blend with the neighborhood. Ms. Shaw replied she was concerned about what would happen to the project in 10 years. Councilmember Gardner inquired if the wall requirement could be waived. City Manager Gary Esplin replied the City Council could waive that requirement as it is a PD. Councilmember Whatcott stated the wall serves as a functional backyard wall. Ms. Shaw suggested the wall on Snow Canyon Parkway be lowered to 3', and the wall along the rear of the project removed. Nolan Gardner, a residence of the Bowler, Ence, Marsh subdivision for 25 years, said he thought there would be a conflict between residents of the new project and owners of animals in the Bowler, Ence, Marsh Subdivision if there was not a wall. He expressed concern that animal owners in the Bowler, Ence, Marsh Subdivision would be run out by development. He advised that the intersection of 1100 West and 1250 North is already dangerous, and he expressed concern about an increase in crime. Councilmember Gardner advised he was sensitive to agriculture, and he fought to keep a passageway open for horses through the Halfway Wash, but he also believes in allowing a property owner to develop his or her property. Nolan Gardner inquired what would happen when surrounding developments complained to the City about the horses in the Bowler, Ence, Marsh Subdivision. Mayor McArthur advised that growth will happen and the City is trying to protect the historical rights of the property owners in the Bowler, Ence, Marsh Subdivision. He advised the City Council will take Mr. Gardner?s comments into account, but no one knows what will happen in 10 years. He stated horse access through Halfway Wash has been an item of major discussion with developers to assure their passage through the area, and the Paradise Canyon area is designated as tortoise habitat and available for horseback riding. Carol Whitehead, representing Southwind in the Royal Point area, advised the area consists of 23% homes and 77% other dwellings. She expressed concern with crime in the area and lack of open space. She advised the proposed development will be advertised as a retirement community, St. George City Council Minutes May 4, 2000 Page Eight seeking those looking for secondary homes. She advised the property should be subdivided differently to attract more permanent homeowners. She advised younger families leave resulting in a huge turnover in the schools. She advised the character of Southwind was being taken away. Councilmember Whatcott advised Ms. Whitehead that with the addition of the new project, the percentage of homes would increase to 25%. He advised the proposed housing units are single family homes, and inquired of Ms. Whitehead which zoning she would prefer, R-1-8 or PD. Ms. Whitehead replied she preferred R-1-10 zoning. Councilmember Gardner commented the question has to do with density, rather than with the PD issue, as density in a PD can vary widely. A PD with 14 units per acre has a much different clientele compared to a PD with less than 4 units per acre, particularly if a choice in levels (one to two stories) is offered. Councilmember Allen commented in her opinion the proposed housing units are single family homes. Mile McCowan, representing Paradise Canyon, expressed concern about rentals being legislated by the City Council during the development process, and if restricted, should be done by ordinance, rather than by random choosing of new subdivisions as they come on line. He advised he represented 284 homes across the street from the proposed PD, and there is a need for the proposed PD. The area in question is a gateway for the areas of Snow Canyon and Tuacahn, and a beautiful PD and its cleanliness and uniformity appeals to many people. He advised finalization of documents conveying wash property to the City would be completed tomorrow. He advised there is a great deal of control in a PD, and PDs are an essential part of the market in St. George and an enjoyable way of life for 60% of the people moving to St. George. He advised he was in favor of the project. Jody Valantine clarified she was not asking for regulation of rentals, however, a project that would eventually turn into rentals was not wanted. She advised she was not against PDs, and she felt some agreement could be reached with the developer as to the price of the units, if given enough time. Greg Murray, a resident of Southwind, expressed concern about the high density in the area, traffic, and advised the area has a larger share of crime because of congestion and higher density. He advised the area was carrying more than its share City-wide of these kinds of problems, and rentals would enhance the problems. Randy Green, a resident of Southwind, advised when he first moved to the Southwind area there were just a few apartments, townhomes and condos. He advised the last appraisal on his home downgraded the area because of the influx of non-owner occupied units. He stated he would like to see the City Council zone the area to increase the property values, which would be R-1-10 zoning. Councilmember Isom advised there are eight townhome projects in an eight block area in her neighborhood. She advised the proposed project is for single family dwellings in a PD to control how the project is taken care of. She advised on a recent ride with a police officer, they had to hunt for crime, without luck, in the Southwind and surrounding areas. She advised her daughter has lived in the Spanish Palms project for four years and is a wonderful tenant. She urged caution in categorizing people. She advised the City Council must be discerning and do what is best for everyone, and St. George City Council Minutes May 4, 2000 Page Nine it would be great if the entire area could come together and purchase the property in question so it could be retained as open space. However, the property owner has rights, as do residents, and a balance must be maintained. Councilmember Gardner advised one of the City Council?s biggest challenges is balancing community rights and private property rights. He advised the City Council wants all neighborhoods to be strong, and he appreciated the concerns of those who spoke. Susan Kell expressed concern over traffic problems, and inquired if it would be possible to eliminate access into the Royal Oaks project and just have two accesses off Snow Canyon Parkway, with wall openings only for children to walk back and forth to school. Mayor McArthur advised the street is a dedicated public street. Brian Holt, a resident of Southwind, stated that walls are not appealing, and PD units all look the same. He stated there was no life to the proposed project, and Ence Construction should consider more diversity within its PDs. He also expressed concern about the amount of crime in the Southwind area. Carol Sapp, representing the Southern Utah Homebuilders Association, inquired of the amount of crime per capita in the area. She advised that crime was higher in her neighborhood along St. George Blvd., but homes turning into rentals is a natural process as people move in and out of neighborhoods. She inquired if R-1-8 or R-1-10 zoning would make a difference in terms of citizens. She stated that while there were some valid concerns expressed by owners of animals, R-1-8 or R-1-10 zoning would allow manufactured housing and there would be nothing the City could do to stop it. With regard to the comment made about this project serving the need of the developers, it is the need of the citizens that is being served, as it will provide housing for our children and elderly parents who need something less expensive and requires less maintenance. She advised that R-1-10 zoning would not assure anything better than the project being proposed, and residents of the area should be concerned about what could come in under R-1-10 zoning. There being no further public comment, Mayor McArthur closed the public hearing. Vince Clayton advised that traffic concerns about 1400 West could be addressed by Jay Sandberg from a master road plan standpoint. He advised that R-1-8 or R-1-10 zoning was not considered for the property because it is a narrow strip of land with limited access, and because of topographical features and the adjoining wash. He advised that the wall along 1375 North is required. In addition, in order to keep the housing affordable, a PD makes flexibility possible. He advised the prices of the homes would start at $119,900 and go up. Kim Ence advised different zoning was considered, but it was decided it would be beneficial to zone the project PD instead of R-1-8 or R-1-10. This project blends favorably with the Paradise Canyon project, and the homes will be nicely designed. He advised the larger units will sell for $200,000. Councilmember Gardner inquired of Mr. Ence if he would be willing to meet with the neighborhood to pacify their concerns. Mr. Ence replied he would be happy to meet with them. St. George City Council Minutes May 4, 2000 Page Ten Councilmember Gardner suggested the matter be tabled until the next City Council meeting. Councilmember Whatcott asked what more could be done to make the project neighborhood friendly, and made a motion to approve by ordinance the zone change. The motion was seconded by Councilmember Isom. Councilmember Gardner inquired about the walls. City Attorney Jonathan Wright advised the wall along Snow Canyon Parkway could be lowered to 3' if it is located 20' or more from Snow Canyon Parkway. Councilmember Whatcott added to his previous motion the condition that the wall along Snow Canyon Parkway could be minimized, and staff will work with the developer to make sure the 20' setback is met, the project is allowed to have one and one-half to two story units, and the developer is encouraged to attend a neighborhood meeting to discuss the project and work with the neighborhood. He inquired of the applicant about the possibility of donating property to create another park with a path through it, or for open space. The applicant replied he would consider it. Mayor McArthur called for a roll call vote, and all voted aye. Mayor McArthur called for a five minute break. PRESENTATION OF 2000/2001 BUDGET: Presentation of the 2000/2001 fiscal budget for the City of St. George. City Manager Gary Esplin advised the City?s budget is $104,200 for fiscal year 2000-2001, and involves 27 different funds and 64 budgets for those funds. He advised the budget is a complex document, and he expressed appreciation to those who compiled it. The budget does not propose any tax increases. The General Fund will go up 3.3% over previous years, but generally meets the status quo. The budget proposes a net of 3-4 new personnel, with a few of those being paid for by grants. He advised he was conservative in his estimates of property tax, increase in growth, and sales tax. Sales tax growth was projected at 5%. There are some unallocated funds to use at the City Council?s discretion. He commended department heads for not submitting extravagant budget requests, and advised action is needed to accept the tentative budget. By state law the budget must be submitted at the first meeting in May and adopted by mid-June. The only proposed increase is a 14% increase in sewer rates. This increase was approved several years ago as an incremental increase to handle debt service payments for the sewer plant. No increase in water rates is proposed. Several positions in the Enterprise Fund are being requested for a backflow program, but he is not recommending them as they require further discussion. He advised it was interesting to note that salaries and personnel make up 55% of the general fund budget, materials and supplies 22%, and capital projects is 23%. He advised that any time personnel costs reach 75%, there is little discretion for remaining projects. He advised that public hearing dates needed to be set, as well as meetings with department heads. A motion was made by Councilmember Allen to approve the tentative budget and set public hearings for June 1 and 15 to review and adopt the budget. The motion was seconded by Councilmember Isom, and all voted aye. PRESENTATION FROM CIVIL AIR PATROL: This item was tabled because the applicant was not present. St. George City Council Minutes May 4, 2000 Page Eleven FT. PEARCE REMEDIATION PROJECT AGREEMENT: Consider approval of an agreement on the Ft. Pearce remediation project. Public Works Director Larry Bulloch advised the City has been troubled by flooding of the Ft. Pearce Wash for several years which has damaged farm lands and caused other problems. In the past the County dozed the channel and cleaned it, but after it was annexed into the City, the Corp of Engineers took jurisdiction over its management of the channel and the City has had a difficult time obtaining a permit from them to do work in the channel. After 32 months, the permit was finally issued, but the problem still remains as to how to fund the project. There are several hundred cubic yards of silt and debris to be hauled away, and through negotiations, five property owners have been allowed to operate along the wash but have been unable to work in the wash itself. Although contrary to normal practice, an idea was proposed that the City allow the contractors to mine the wash and extract gravel and sell it as part of their normal operation, and in exchange restore the channel to the cross section required by the City. This project was recently designated by the Mayor as a Legacy 2000 project. The landowners volunteered their equipment and cleared the tamaracks. The Fire Department burned the tamaracks, and the contractors will build the channel if allowed to mine in the channel. An agreement has been negotiated with the property owners to allow them to open the channel, mine it, and restore it by July 1, 2001. Councilmember Gardner inquired if it was possible to open and mine a portion of the wash immediately in case of an intermediate flood. Mr. Bulloch replied the City has committed to allow opening of a 50' channel if the agreement is approved. The alignment will be staked and dozers put in the wash and work will begin to open up the leader channel within 30 days. By November 1, 2000 the 220' wide channel will be excavated, and by July 1, 2001 the mining operation could be complete and the channel fully restored. The estimated cost of the agreement with Rosenberg is estimated to be $53,000. However, he advised he did not think the City would have to spend that much because it was hiring a project engineer who will supplement Rosenberg?s services. The City?s costs would include engineering plus some expense for properties which the contractors do not own and the owners are not interested in mining the wash. The City will have to make arrangements to do that work, and a proposal will be brought back to the City Council for that work at the next meeting. He advised that Bryce Christensen has made a proposal to do the work in exchange for a City lot in the Bloomington area. Mr. Bulloch advised Mr. Christensen?s services exceed the cost of the lot. (Action by the City Council is included in the next item.) AGREEMENT FOR ENGINEERING SERVICES FOR FT. PEARCE REMEDIATION PROJECT: Consider approval of an agreement for engineering services on the Ft. Pearce remediation project. A motion was made by Councilmember Gardner to approve the agreement for the Ft. Pearce Remediation Project, and approve the agreement for engineering services for the Ft. Pearce Remediation Project. The motion was seconded by Councilmember Isom, and all voted aye. AGREEMENT FOR PROFESSIONAL SERVICES FOR NAVAJO DETENTION BASIN PROJECT: Consider approval of an agreement for professional services for the Navajo detention basin project. St. George City Council Minutes May 4, 2000 Page Twelve Public Works Director Larry Bulloch advised this is a budgeted project, and the cost has been reduced from $55,000 to $53,000. He recommended award of the project to Alpha Engineering. He advised the City will build a detention basin to hold water back in order to make the existing pipe adequate. Councilmember Whatcott inquired if there were any other bids, and if so, in what amounts. Mr. Bulloch replied there were other bids, and though Alpha Engineering?s was the highest bid, staff feels Alpha has a better engineering team and the project would be more thoroughly engineered. The other bids were within 10-15% of Alpha?s bid, generally in the $45,000 range. Mr. Bulloch stated the level of product offered must be compared with the cost of service, and staff feels Alpha Engineering provides the best overall package for the community. A motion was made by Councilmember Whatcott to approve the agreement. The motion was seconded by Councilmember Isom, and all voted aye. PROFESSIONAL SERVICES AGREEMENT FOR HIGHLAND DRIVE ROAD IMPROVEMENT PROJECT: Consider approval of a professional services agreement for the Highland Drive road improvement project. A motion was made by Councilmember Isom to approve the agreement. The motion was seconded by Councilmember Allen, and all voted aye. Public Works Director Larry Bulloch advised the agreement was strictly for engineering services, and not construction. This is the last project to be funded by Small Urban funds before the City becomes a MPO. The project will be phased beginning from the west end. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held April 6, 2000. Consider approval of the minutes of the City Council work meeting held April 13, 2000. A motion was made by Councilmember Isom to approve the minutes as amended. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN: A motion to adjourn was made by Councilmember Isom. The motion was seconded by Councilmember Whatcott, and all voted aye. The meeting adjourned at 8:00 p.m. ______________________________ Gay Cragun, City Recorder