City Council Minutes

Thursday, June 15,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JUNE 15, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Suzanne Allen Councilmember Bob Whatcott Councilmember Sharon Isom Councilmember Rod Orton City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun EXCUSED: Councilmember Larry Gardner OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by City Recorder Gay Cragun and the invocation was offered by City Attorney Jonathan Wright. Mayor McArthur invited several Scouts in the audience to introduce themselves. John Allen, Chairman of the Pioneer Center for the Arts Foundation, announced that the unveiling and dedication of the statue in the roundabout will take place on June 29th at noon. Mayor McArthur announced that Tom Birrell of the Power Department was selected as Employee of the Week. Public Works Services Division Manager Lyle Swaney introduced Randy Halverson who was recently promoted to Streets Superintendent. CONSENT CALENDAR: Consider approval of the May, 2000 financial statement for the City of St. George. A motion was made by Councilmember Isom to approve the financial statement as presented. The motion was seconded by Councilmember Allen, and all voted aye. AWARD OF BID: Consider award of a blanket purchase contract for powder activated carbon for the Water Treatment Plant. Purchasing Agent Sue Swensen explained that Excel Chemical previously submitted a bid for a blanket purchase order for this item, but the blanket purchase order was awarded to Thatcher Chemical because Excel’s packaging was incompatible with the City’s hopper. Excel has now redesigned its packaging, and staff recommends that a blanket purchase order be established with them in an amount not to exceed $23,400 for the year. Councilmember Whatcott inquired about the bid previously awarded to Thatcher Chemical. Ms. Swensen advised the City’s orders will be split between the two companies. A motion was made by Councilmember Orton to award a blanket purchase order in an amount not to exceed $23,400 for the year to Excel Chemical. The motion was seconded by Councilmember Whatcott, and all voted aye. AWARD OF BID: Consider award of bid for construction of Black Ridge Drive. Purchasing Agent Sue Swensen presented five bids received: Young Construction $1,543,000; Quality Excavation $1,959,066.12; Interstate Rock $2,177,425.51; Sunroc Corporation $2,568,364.74; Progressive Contracting St. George City Council Minutes June 15, 2000 Page Two $2,087,980.09. She recommended award of the bid to the low bidder, Young Construction, in the amount of $1,543,000. City Manager Gary Esplin advised the engineer’s estimate was $1,600,000 for the project, and the bid should be awarded subject to securing all necessary rights-of-way. A motion was made by Councilmember Orton to award the bid to Young Construction in the amount of $1,543,000 subject to acquisition of all necessary rights-of-way. The motion was seconded by Councilmember Isom, and all voted aye. ORDINANCE AMENDING PROXIMITY LIMITATIONS IN BEER ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 2, St. George City Code, relating to proximity limitations. City Manager Gary Esplin explained that beer sales are regulated by the City, not the State, and the City’s ordinance currently contains a proximity limitation for both on-premise and off-premise beer licenses. The ordinance amendment proposes the proximity limitation be eliminated for off-premise licenses, plus makes other housekeeping changes to the ordinance. Mayor McArthur commented it appeared the ordinance amendment would provide more opportunity for violation of the ordinance and make beer more available, as the proximity requirement is now a limiting factor in the ordinance. City Manager Gary Esplin suggested the City Council may want to limit the number of beer licenses available rather than keep the proximity limitation. He explained the purpose of the proximity limitation was primarily to prevent on-premise consumption of alcohol near a school, church or park. Councilmember Orton stated he recognized the community has changed, and churches now exist in shopping centers, etc. and he expressed concern about overly limiting a store’s ability to sell beer. Councilmember Isom commented that according to the current ordinance, a convenience store owner who is currently licensed to sell beer and does not meet the proximity requirements would be prohibited from selling his or her business for the same type of use as the grandfathered use would expire upon consummation of the sale. City Manager Gary Esplin commented that Councilmember Isom was correct, as beer licenses are non-transferable. City Attorney Jonathan Wright advised that if a church built next to a licensee, the licensee would technically thereafter be prohibited from vending beer. City Manager Gary Esplin stated if the City built a new park, and an adjacent convenience store changed hands, the new owner of the convenience store would not be able to get a beer license because of the proximity limitation. Councilmember Whatcott commented he received calls from concerned citizens who stated they were opposed to an off-premise licensee near a church, school or park. He said if the City threw out the proximity limitation, it should throw out the law itself, as the proximity limitation sets the City apart from other areas. He stated he did not know if the proximity limitation should be 600', but churches that have already been built do not deserve to have a convenience store built right next to them. City Attorney Jonathan Wright stated that churches are being built in areas that are traditionally commercial, etc. St. George City Council Minutes June 15, 2000 Page Three Councilmember Whatcott commented that the City will grow and still has blocks of land to plan and zone. He wondered if amending the ordinance would create a free-for-all in commercial zones with regard to beer licensing. Mayor McArthur suggested more thought be given to the ordinance amendment. Councilmember Isom suggested that until the ordinance can be further studied, any application for a beer license at a convenience store be considered on a case by case basis. She stated she had no problem with convenience stores having a beer license, but the amendment should not be approved without more input and study. Councilmember Whatcott suggested the housekeeping items contained in the amendment be approved now, but action be deferred on the proximity limitation. Mayor McArthur suggested that all the changes contained in the proposed amendment be studied before passage. Councilmember Orton stated that while he agreed the variance requested by the Sinclair station on Bluff Street should have been denied and the ordinance amended in a timely manner, it was important for the City to resolve its zoning concerns as suggested by Councilmember Whatcott. Mayor McArthur suggested the matter be scheduled for the first City Council meeting in July. Councilmember Orton stated he would like staff’s recommendations. Councilmember Isom stated she would like to know exactly how many businesses would be affected by the amendment if they changed hands now. Mayor McArthur advised the matter would be scheduled on a work meeting agenda before July 6. SET PUBLIC HEARINGS: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of June 13, 2000, recommended that a public hearing be scheduled for July 6 at 5:00 p.m. to consider a zone change from R-3 and R-1-10 to AP and C-3 for property located at the intersection of Riverside Drive and the future expansion of Sunland Drive. Ence Construction is the applicant. He advised that the Commission recommended approval subject to a deed restriction on the AP zone parcel that limits the buildings to single story. Mr. McGuire advised that the Planning Commission also recommended that a public hearing be scheduled for July 6 at 5:00 p.m. to consider an amendment to Section 3-10 of the Zoning Ordinance to limit the area of accessory buildings to 25% of the lot area in A-1 zones, as well as in residential zones. The City of St. George is the applicant. A motion was made by Councilmember Orton to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. PRELIMINARY PLAT APPROVAL: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held June 13, 2000, recommended approval of the preliminary plat for Mill Creek Commercial Center located at the northwest corner of 750 North and 3050 East. Costco Wholesale Store is the applicant. He advised that a new east-west street will be dedicated as part of the subdivision, and the plat conforms to the development standards of the C-3 zone. Councilmember Isom declared a conflict and advised she would not vote as her company is handling the title work for Costco. St. George City Council Minutes June 15, 2000 Page Four A motion was made by Councilmember Allen to approve the preliminary plat as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye except Councilmember Isom who abstained from voting. PRELIMINARY PLAT APPROVAL: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held June 13, 2000, recommended approval of the preliminary plat for Paradise Circle located at 1460 West Snow Canyon Parkway. Allan Carter is the applicant. Mr. McGuire advised that the plat conforms to the development standards for the R-1-7 zone, and the Planning Commission recommended approval subject to the culdesac being designed to accommodate property on the west side of the street. A motion was made by Councilmember Whatcott to approve the preliminary plat as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. PRELIMINARY PLAT APPROVAL: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held June 13, 2000, recommended approval of the preliminary plat for Skyline Center located at about 300 North 200 East. Steve Brown and Gary Tooke are the applicants. He advised that the Planning Commission requested the roads and easements be depicted on the plat. The applicant subsequently included the roads and 10' easements, but the easements must be 15' along the roads. Mr. McGuire advised that the Engineering Department will make sure the easements are depicted correctly on the plat. A motion was made by Councilmember Isom to approve the preliminary plat as recommended by the Planning Commission, subject to the Engineering Department assuring the easements are correctly depicted on the plat. The motion was seconded by Councilmember Orton, and all voted aye. FINAL PLAT APPROVAL: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of June 13, 2000, recommended approval of the final plat for Mill Creek Commercial Center. A motion was made by Councilmember Allen to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Isom, and all voted aye. FINAL PLAT APPROVAL: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of June 13, 2000, recommended approval of the final plat for Skyline Center. A motion was made by Councilmember Whatcott to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Isom, and all voted aye. FINAL PLAT APPROVAL: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held June 13, 2000, recommended approval of the final plat for The Legacy No. 11 Townhome Subdivision. A motion was made by Councilmember Whatcott to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Orton, and all voted aye. FINAL PLAT APPROVAL: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of June 13, 2000, recommended approval of the final plat for Morningside Professional Plaza. St. George City Council Minutes June 15, 2000 Page Five A motion was made by Councilmember Orton to approve the final plat as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for up to 12 children in a home daycare/preschool at 1931 East 2330 South. Michelle Empey, applicant. Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of June 13, 2000, recommended approval of a conditional use permit for a day care/pre school facility to be located in a house in an R-1-10 zone at 1931 East 2330 South. The request is for up to 12 children. The Fire Department inspected the site and has given clearance. The drop off and pick up area will be along the dead end street and away from the main flow of traffic. A motion was made by Councilmember Isom to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Jim McGuire advised that the Planning Commission, at their meeting held June 13, 2000, recommended approval of a hillside development permit for Stone Cliff Estates Phase 5 located in the Stone Cliff PD. Kay Traveller is the applicant. The Hillside Review Board rejected the project on May 31, 2000 and recommended approval of the permit subject to the areas where slopes can be lessened, with the review of the geotechnical engineer and City staff in a manner that will allow natural revegetation, and that there be some color modification of rocks to all cut and fill areas to make them appear a natural color. The Planning Commission concurred with the recommendations of the Hillside Review Board. A motion was made by Councilmember Orton to approve the hillside development permit as recommended by the Planning Commission, subject to the stipulations of the Hillside Review Board. The motion was seconded by Councilmember Whatcott, and all voted aye. PUBLIC HEARING/ORDINANCE/ZONE CHANGE REQUEST: Public hearing to consider a request for approval of a zone change from M-1 Manufacturing, R-3 Multiple Family Residential, and R-1-10 Single Family Residential to C-3 General Commercial on 25.429 acres located on the northwest corner of Bluff Street and Sunset Blvd. and north along Bluff Street to 1250 North Street. Jennings Management, Inc., applicant. Community Development Director Bob Nicholson announced that an open house is being held for Jim McGuire on June 30 at noon and everyone is invited. Mr. Nicholson explained that the subject property is located at the corner of Bluff Street and Sunset Blvd. at the site of the of the former J&J concrete yard. The zone change would include at least 1-2 single family homes. The General Plan shows most of the property being commercial and in line with the General Plan. The Planning Commission recommended approval even though residents at the meeting had concerns about traffic movement on and off Bluff Street. These issues will be resolved during the site plan approval process, as well as the grade change on the west side of the property. The property will be leveled. Mayor McArthur opened the public hearing. Sandra Sandberg stated she owned a piece of property on the west side of the zone change and was concerned about how the grade will be treated, and the size and height of the walls. She stated the wall is proposed to be 20' and she hoped this would be addressed before the final plat was approved. She stated she did not want to complain, but simply go on record that these things need to St. George City Council Minutes June 15, 2000 Page Six be addressed and adjacent property owners apprized before everything is said and done. Community Development Bob Nicholson replied that the concerns expressed by Ms. Sandberg are normally taken care of in the site plan. Because the property is zoned C-3, the site plan would not necessarily come back to the City Council, and hopefully these concerns can be resolved. Mr. Jennings stated that he spoke with Ms. Sandberg at a previous meeting, and he wants the project to look nice and fit the area when it is finished. He stated he could not tell, however, how tall the wall will be as the hill is still in the process of being removed. The grading plan has been submitted, and it generally slopes from the back to the front at quite a gentle slope, and he would like to keep the wall as low as he can. He stated he will make an effort to make the wall fit. The preliminary plan said the walls would be 20', with mostly parking in the west corner, but it will look nice when the project is done. There being no further comments, Mayor McArthur closed the public hearing. A motion was made by Councilmember Allen to approve by ordinance the zone change request as recommended by the Planning Commission. The motion was seconded by Councilmember Isom. Sandra Sandberg stated she would prefer not to have a 20' wall, but rather two smaller walls with a terrace in-between. Mayor McArthur reminded Ms. Sandberg that this action was for a zone change only. He called for a roll call vote, and all voted aye. PUBLIC HEARING/ORDINANCE/ANNEXATION PETITION FOR THE LEDGES: Public hearing to consider a petition for annexation of approximately 2,000 acres, more or less, adjacent to the existing northern St. George City limits on both sides of State Highway 18, referred to as the “Ledges” annexation. Community Development Director Bob Nicholson advised no action is needed by the City Council as this item is simply a public hearing. The Boundary Commission held a hearing in March, and asked that some of the boundaries be eliminated on the east side of the proposed annexation area. The exhibit is the revised plan showing the new boundaries. Mayor McArthur stated the map indicates there is some State Parks property within the annexation boundary. Mr. Nicholson replied there is State Parks land and also State Trust lands within the boundary of the annexation. Mayor McArthur commented the map showed a sewer line, and it was important to have sewer serve this area. Alan Gardner advised the actual boundary described in the advertised notice is different than displayed on the map. City Attorney Jonathan Wright clarified that the City Council can only consider for annexation the property approved by the Boundary Commission, and the map is incorrect. Mayor McArthur opened the public hearing. John Ibach representing State Parks, distributed a letter to the Mayor and City Council indicating State Parks’ position on the annexation. The annexation proposes to annex a significant portion of Snow Canyon State Park, and while State Parks is not opposed to annexation of the entire State Park, it feels it is St. George City Council Minutes June 15, 2000 Page Seven in the best interests of State Parks that annexation not be a piecemeal process that would place Snow Canyon State Park under multiple jurisdictions. There being no further public comment, Mayor McArthur closed the public hearing. City Manager Gary Esplin advised that all property owners within the annexation area were notified of this meeting, but there was some confusion whether State Parks received a notification. However, a public hearing is not required as the issue went to the Boundary Commission, but the City wanted to give everyone an opportunity for input. Further discussion is needed concerning power service to the area. The Planning Commission recommended approval of the annexation under a Mining and Grazing zone, which is a holding zone. A letter has been received from Joe Hutchings wanting to know if his property would be considered non-conforming if annexed. This issue also needs to be addressed. The area proposed for annexation is within the growth boundaries of the City. He advised there would not be another public hearing on the proposed annexation. PUBLIC HEARING/RESOLUTION TO CONSIDER AMENDMENTS TO 1999-2000 BUDGET: Public hearing to consider adjustments to the 1999-2000 fiscal budget for the City of St. George. City Manager Gary Esplin advised this was the time of year in which adjustments were needed to the General Fund to accommodate expenditures not anticipated. Please see Exhibit “A” attached. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Councilmember Orton to approve by resolution the proposed amendments to the 1999-2000 fiscal budget. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, and all voted aye. PUBLIC HEARING/RESOLUTION/ADOPTION OF 2000-2001 FISCAL BUDGET: Public hearing to consider comments regarding the proposed budget for fiscal year 2000-2001 for the City of St. George. City Manager Gary Esplin advised the only changes from the preliminary budget previously distributed to the Mayor and City Council were health insurance changes which were discussed with and approved by them. The unallocated portion of the City Council’s budget was reduced, street bond fund increased, and funds transferred from Capital Project Funds. This would transfer funds from the Street Bond Fund to the Capital Project Fund. The increased appropriation to Highland Drive on the Master Road Plan was to construct a road in phases from the old industrial park to the Washington Interchange as funds have been accumulating in the Transportation Improvement Fund for this project. The City has also received a grant from the State Small Urban Program to help fund the Highland Drive project. Funds also need to be budgeted to purchase the property adjacent to the Woodward Building from the School District, and the first payment is due in the next fiscal year out of the Capital Project Fund. These are the only suggested changes. Mayor McArthur stated he would like the walkway on the north side under the 700 South freeway underpass funded. City Manager Gary Esplin suggested the Mayor and City Council wait to decide on funding unallocated projects until they receive a list of all unfunded requests from department heads and prioritize them. The budget can be opened in July to fund the ones the City Council decide have the highest priority. He stated he believed any allocation of funds should first be made to improve safety. St. George City Council Minutes June 15, 2000 Page Eight Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Whatcott to adopt by resolution the 2000-2001 fiscal budget. The motion was seconded by Councilmember Orton. Mayor McArthur called for a roll call vote, and all voted aye. REQUEST FOR PAYMENT SCHEDULE: Consider a request from Dale Jones, Sandale Properties, for consideration of a payment schedule for property purchased from the City of St. George. City Manager Gary Esplin advised that Dale Jones purchased the old sewer plant property from the City for $1.7 million. Mr. Jones is proposing he be allowed to stagger the repayment until July 2003 when the contract ends. Interest would correlate with interest the City is paying the Crosby family. Mr. Esplin advised staff has no problem with his request, and as long as Mr. Jones makes the payments, there should be no problem. Mr. Esplin advised he feels good about working with Mr. Jones. Councilmember Whatcott declared a conflict as Mr. Jones is one of his clients. He advised he would not vote. A motion was made by Councilmember Allen to approve the payment schedule as recommended by the City Manager. The motion was seconded by Councilmember Isom, and all voted aye except Councilmember Whatcott who abstained from voting. REQUEST TO INSTALL OVERHEAD POWER LINES: Consider a request from the Ft. Pearce Business Park, LLC for permission to install overhead power lines to a portion of the Ft. Pearce Business Park. City Manager Gary Esplin explained that overhead power lines already serve a portion of the project. The applicants are now adding 13 acres to the project and want to continue using overhead power lines. Deviation from the Subdivision Ordinance would require a variance due to a hardship, etc. Mr. Esplin suggested tabling the request until the applicant was present. DISCUSSION RE GOLF FEE STRUCTURE: Consider recommendations regarding the fee structure for City-owned golf courses for fiscal year 2000-2001. City Manager Gary Esplin advised this matter was previously discussed in a work meeting. Golf Manager Dave Terry advised that he, Councilmember Whatcott, City Manager Gary Esplin, Leisure Services Director Kent Perkins, and the golf pros met in a golf fee summit to talk about issues related to resident and non-resident fees. Additional funds for capital improvements and purchase of equipment are also needed. He advised that revenue at Sunbrook needed to be increased, as the course has been in existence for ten years and the equipment there is at the end of its life cycle. He advised there are significant capital needs at Sunbrook, and the fee structure at Sunbrook needed to be reviewed specifically to purchase new equipment. He advised that many golfers do not understand that the City is paying sales tax on golf fees, and this portion is taken out and paid to the State at no additional cost to the golfers. He suggested a way to generate more money for capital improvements at the courses would be to add the sales tax to the fee and charge the golfers for the sales tax. However, he suggested that an uneven amount not be charged, but rather that it be rounded off. He stated the City cannot continue to pay sales tax without collecting it from the golfers. He stated City courses presently only have two seasons - in-season and summer season. Many other courses have three seasons - summer, peak, and a shoulder season in the fall. St. George City Council Minutes June 15, 2000 Page Nine City Manager Gary Esplin suggested that each issue be discussed separately. Mayor McArthur stated the last time the City raised golf fees, it discussed establishing a rainy day fund to make improvements at all courses. The State then started collecting sales tax on golf fees, and the rainy day fund was never funded. He inquired about punch cards. Mr. Terry advised the City currently has resident and non-resident punch cards. He stated the City wants to provide a rate as low as possible in the summer for full-time residents who help the City courses get through the summer season. The new proposal also calls for afternoon discounts. He advised that the City pays the State $285,000 in sales tax from golf fees each year. City Manager Gary Esplin suggested that how the City is allocating green fees needs discussion. The proposal proposes only one rate, with no differentiation between resident and non-resident rates. The new rates proposed would require that the resident pay a little more than last year, and the non-resident a little less. Mr. Terry stated the punch cards could provide the resident a discount, but that would be a City Council decision. Councilmember Whatcott stated he believed something needed to be done about golf rates, as the wages of City employees, cost of fertilizer and maintenance continue to rise. If the rates are not increased, the rainy day fund will never be realized. He stated he also agreed that golfers should be paying the sales tax, not the City, and he encouraged golfers to write their State representatives to make a change in the law. He stated that while he was not ready to throw the proposed plan out, he was not ready to recommend the plan either as he has philosophical problems with it. He stated that 100% of the burden of the increase is being placed on local residents, and the non-residents are getting a reduction. Councilmember Isom stated she would like to hear from the golf pros. Red Hills Golf Pro Brent Orchard advised he gets many complaints about the resident/non-resident rates, and he suggested they be discontinued and one rate offered for everyone. Sunbrook Golf Pro Reed McArthur advised that secondary homeowners expect resident rates, and with Sun River, Coral Canyon, and Entrada coming on line, the City’s $40-$50 rate is minimal for out-of-towners. He stated that weekend prime time rates could be much higher, perhaps as high as $60, but as long as he has been with the City, the City has tried to keep golf rates down as low as possible and provide the best quality course, but the City can only do this for so long. He stated that punch cards could be offered for weekday play, but Friday, Saturday, and Sunday play should be one price for everyone. He advised that most people do not know the City has to pay sales tax on green fees. Councilmember Whatcott advised one proposal was to leave the rates as they are, but eliminate the resident and non-resident rates and add on the sales tax. He commented he recently played golf in Phoenix, and the green fee was $60 plus sales tax. This was also the cheapest golf course in the metropolitan Phoenix area. St. George Golf Pro Alan Orchard stated that the prime time of January through April carries the golf courses for the rest of the year, and something should be done to charge higher rates during this prime time, especially on weekends. He stated that during the other eight months of the year, the price for residents is fair and offers a good value for their money. Mr. Terry explained the proposal would eliminate the non-resident fee in the summer and offer everyone a significant discount. St. George City Council Minutes June 15, 2000 Page Ten Mayor McArthur advised this would give residents a better rate in the summer, yet the City would make money in the premium months. Mr. Terry stated there are not many non-residents playing the courses in the summer, other than at Sunbrook. Councilmember Isom commented she did not like the resident and non-resident rate structure as she has had many complaints about it. City Manager Gary Esplin stated the City could keep the golf fee structure the way it is and add sales tax to the existing rate, study the issue until September, and address it then as the shoulder season will not begin until October 1. He stated the real questions are if there should be a premium fee on weekends in the peak season, and elimination of resident and non-resident rates. Councilmember Orton suggested the City go with the new rates, add sales tax to them, and be more aggressive on punch cards for residents. Mr. Terry stated the City is not operating in a vacuum without competition, as there are other courses in the area. He stated that Red Hills, Southgate and St. George Golf Club’s competition is Sky Mountain, and Sunbrook’s competition is Entrada, Green Springs, and Coral Canyon, but the City of St. George is the leader in municipal golf in this area. Councilmember Whatcott stated he was in favor of making adjustments to the green fees, but he wanted to take more time and take into account those who have second residences in St. George. He stated he thought the City was moving in the right direction, but he was not ready to make a decision tonight, and perhaps by the end of summer the City would be able to move forward with a new fee schedule. City Manager Gary Esplin advised an alternative would be to approve the sales tax change and leave the summer rates as they currently exist, study the issue, and return in September with another proposal. Golf Manager Dave Terry stated if the City added sales tax to its existing summer fees, this would result in a fee higher than what is proposed. He clarified the suggested fee change is not about summer rates, but rates for the shoulder and peak seasons. He stated he would hate to increase summer fees now when the overall goal is to lower them. Councilmember Whatcott advised the sales tax on summer fees would not be significant, and he made a motion to table the issue until the first of August without adding sales tax to the existing summer fees. The motion was seconded by Councilmember Orton, and all voted aye. INTERLOCAL AGREEMENT: Consider approval of an interlocal agreement with Washington County regarding a mosquito abatement program. City Manager Gary Esplin advised staff’s recommendation is to approve the proposal for fees based on acreage being sprayed rather than on population. Another option would be to review and modify the agreement, approve it, and appoint Doug Wulfenstein as the City’s representative. He stated it was imperative that the four communities join together to solve the problem. He advised the agreement contained a provision which would allow the City to terminate its participation with 30 days notice. A motion was made by Councilmember Orton to approve the agreement as presented. The motion was seconded by Councilmember Allen, and all voted aye except for Councilmember Isom who was briefly excused from the meeting. St. George City Council Minutes June 15, 2000 Page Eleven AGREEMENT WITH SCHOOL DISTRICT: Consider approval of an agreement with the Washington County School District for purchase of school-owned property adjacent to the Woodward building. City Manager Gary Esplin explained the agreement will allow the City to purchase property owned by the School District adjacent to their office building, the annex, the Woodward building, and old gym. The City would retain ownership of the Woodward building while improvements are being made to it, after which ownership would be returned to the School District. The exact amount of property to be purchased by the City has not yet been ascertained, as the School District is in the process of deciding what to do with the office complex. The City would like to purchase the remainder of the property, and the School District will purchase 100 West. The City will pay the School District $600,000 in July of this year, another $400,000 in three years, with the remaining balance due at the end of seven years. The City would take ownership of the Woodward building at the time of the $600,000 payment, and the City will reconvey the Woodward building to the School District at the end of the seven year period. City Attorney Jonathan Wright advised that with each payment made by the City, the School District would release a proportionate amount of square footage. City Manager Gary Esplin advised the School District has someone interested in leasing the old gym. This is acceptable to staff as the City does not need the facility at the present time. City Attorney Jonathan Wright clarified that the City would own the old gym, but the School District would have the right of occupancy. City Manager Gary Esplin advised there will be no interest on the unpaid balance, and the City can pay off the debt early without any penalty, depending on available funds. He recommended the first payment be made out of Capital Project funds which have been accumulating for this type of project. Councilmember Orton asked Mr. Esplin to clarify for informational purposes the reasons why the City wants to obtain the property. Mr. Esplin replied this property was critical to the viability of the downtown area in the long run, and if the City owns the property, it will have the ability to shape it, have control over it, and it is an investment in the future of St. George. He stated he thought this purchase was one of the most critical decisions made in the last few years, and is a great opportunity for the City. A motion to approve the agreement was made by Councilmember Orton. The motion was seconded by Councilmember Isom, and all voted aye. ANNOUNCEMENT: Mayor McArthur advised that an announcement will be made on Wednesday, June 21, 2000 at 9:00 a.m. on site about a parking structure in the downtown area. MOU WITH SITLA: Consider approval of proposed Memorandum of Understanding for a joint planning project with SITLA. City Manager Gary Esplin advised this concept was pursued by Leisure Services Director Kent Perkins to plan the area SITLA holds south of Bloomington Hills and will allow the City to coordinate its plans for trails and parks with SITLA. A motion was made by Councilmember Isom to approve the MOU. The motion was seconded by Councilmember Allen, and all voted aye. St. George City Council Minutes June 15, 2000 Page Twelve CHANGE ORDERS: Consider approval of change orders to the engineering contract with Sear-Brown for the River Road widening project. City Manager Gary Esplin explained the change orders are for two phases of the project on River Road. One change order is for a modification of design of the bridge structure over the Ft. Pearce Wash, and the other is for design work associated with Phase 2 of the project which is the road design from 2450 South to Brigham Road. Traffic Engineer Aron Baker explained that final design for Phase I is being completed now, with an asphalt coat through the Boulders. Phase 2 consists of three full lanes as development occurs with full improvements along the side of the road with twelve houses. Phase I will be put out to bid in September, with construction beginning in the fall. He advised that the concrete portion of the bridge is in excellent shape, but Phase I will add to the bridge to widen the deck with some more beams, pour a concrete deck, and widen it on one side. Full width improvements will be done to accommodate an 80' r-o-w over the bridge. City Manager Gary Esplin advised the City may have to install some curb and gutter along the road from the river to 2450 South to completely finish the project. Mayor McArthur commented that he is still being asked why the City did not build more than two lanes on Snow Canyon Parkway. He stated that Ivins bonded for those improvements, created a special improvement district, and the project was paid for out of taxes. Additional lanes through St. George will be paid for by private development rather than taxes. City Manager Gary Esplin advised there is a big share of Snow Canyon Parkway to improve along the Canyons Complex, but the present property owner is not ready to make improvements to his property. The City’s only alternative would be use City funds to widen this portion of the road. Mr. Esplin advised the amount of the change orders amount to $214,487. A motion was made by Councilmember Orton to approve the change orders as requested. The motion was seconded by Councilmember Whatcott, and all voted aye. Councilmember Whatcott asked Mr. Baker for an update on the Dixie Drive bridge project spanning the Santa Clara River. Mr. Baker replied the project has been delayed in order to obtain the support of neighbors. The City will be entering into an agreement with the Blake family, and as soon as the City is able to meet with them, the new contract will be on a City Council agenda. The project will take 4-6 months to design, and should be completed by this time next year. AGREEMENT WITH MERRICK YOUNG: Consider approval of an agreement with Merrick Young Construction for work along the Ft. Pearce Wash. City Manager Gary Esplin explained the agreement is for remediation of a portion of the Ft. Pearce Wash adjacent to the bridge. The City previously discussed entering into an agreement with Bryce Christensen for this work, but an agreement was never signed. Signatures are still needed from property owners for the new alignment of the bridge. A motion was made by Councilmember Allen to approve the agreement with Merrick Young. The motion was seconded by Councilmember Whatcott, and all voted aye. St. George City Council Minutes June 15, 2000 Page Thirteen TABLE REQUEST FOR OVERHEAD POWER LINES: A motion to table the request from Ft. Pearce Business Park LC for overhead power lines was made by Councilmember Isom. The motion was seconded by Councilmember Whatcott, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held May 18, 2000. A motion to approve the minutes of May 18, 2000 as amended was made by Councilmember Isom. The motion was seconded by Councilmember Allen, and all voted aye. Consider approval of the minutes of the City Council work meeting held May 23, 2000. A motion to approve the minutes of May 23, 2000 as presented was made by Councilmember Orton. The motion was seconded by Councilmember Whatcott, and all voted aye. Consider approval of the minutes of the regular City Council meeting held June 1, 2000. A motion to approve the minutes of June 1, 2000 as presented was made by Councilmember Orton. The motion was seconded by Councilmember Isom, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton, and all voted aye. RECONVENE: A motion to reconvene to regular session was made by Councilmember Isom. The motion was seconded by Councilmember Allen, and all voted aye. Councilmember Allen advised she attended a meeting concerning proposed legislation which would limit driving time for truckers. A formal hearing will be held October 31, 2000. She advised the legislation is too restrictive, and St. George relies almost entirely on trucks for delivery of goods. Councilmember Orton commented this new legislation proposed by the Federal Department of Transportation might cause thousands of semis to be parked in St. George on Friday nights. He suggested writing to area legislators. City Manager Gary Esplin advised Dick’s Cafe is being razed and a bank will be built in its place. However, the soil is contaminated, and a remediation of the soil will be done. The company doing the remediation is requesting permission to work at night as they did when they remediated the Zions Bank property. It was the consensus of the City Council to approve this request. City Manager Gary Esplin explained there is an outstanding assessment in SID 79-2 for property where Arby’s is located on Bluff Street. The property has changed hands several times, but the assessment was never paid. The current owner of the property, Tony Allen, is willing to pay it off with interest up until the time the district was paid off in 1992, but is asking forgiveness of penalties incurred since that time in the amount of $2,238. It was the consensus of the City Council to approve this request. City Manager Gary Esplin explained there is an outstanding assessment in SID 79-2 owed by Green Valley Development. The property has changed hands several times, but the assessment was never paid. The property has been broken up into parcels and the City has been trying to collect assessments on every parcel. Ron Snow and Jeff Chapman would like to build a project below St. George City Council Minutes June 15, 2000 Page Fourteen the tennis courts in Green Valley and propose to pay the City $23,579 to free up a parcel so they can begin construction. They are asking the City to waive any penalties and interest, and obtain the balance of the assessment from Alan Coombs. When Mr. Coombs develops the second phase of Coyote Inn he will pay the balance of the assessment, leaving only $4,000 owed by the bank who owns the property. This will result in collection of the entire district. ADJOURN: A motion to adjourn was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton, and all voted aye. ____________________________ Gay Cragun, City Recorder