City Council Minutes

Thursday, July 8,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JULY 8, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Rod Orton Councilmember Sharon Isom Councilmember Suzanne Allen Councilmember Larry Gardner Councilmember Rod Orton City Manager Gary Esplin City Attorney Jonathan Wright City Recorder Gay Cragun OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. He advised that item 6A4, a request for a restaurant beer license and local consent for a restaurant liquor license for the Sunset Beach restaurant had been tabled from the agenda. The flag salute was led by Councilmember Rod Orton, and the invocation was offered by City Attorney Jonathan Wright. BID OPENING: Consider award of bid for construction of the Tonaquint Cemetery. Purchasing Agent Sue Swensen presented six bids received: Merrick Young $524,594.74; Rogers Construction $657,876.16; Quality Excavation $502,191.26; Sunroc $623,813.18; Arnell-West $595,089; PCI $507,849.36. The engineer?s estimate is $480,000. Ms. Swensen advised that staff recommends award of the bid to the low bidder, Quality Excavation in the amount of $502,191.26, subject to further negotiations on the cemetery portion of the bid. City Manager Gary Esplin advised the total bid included the cemetery, a sewer system and trail, but the actual cost of the cemetery itself is $395,421.91. The City?s budget is $326,000 for the project. The City is willing to reduce the scope of the cemetery portion of the project by $19,968, but would like to upgrade to taller trees at the entrance to the cemetery and lay sod on at least one acre of the cemetery in order to be able to use the cemetery as soon as possible. He suggested that the remaining balance in the perpetual care fund be used to cover the shortfall; that the scope of the cemetery portion of the project be reduced by $19,968; that trees be upgraded from 6' to 10' pistaches; and that one acre be sodded for an additional $7,764.25, making the total $381,187.16 for the cemetery portion. The total bid, including cemetery, sewer system, and trail is recommended for award at $487,956.51. to Quality Excavation. A motion was made by Councilmember Isom to award the bid as recommended by City staff. The motion was seconded by Councilmember Orton, and all voted aye. SALE OF CITY PROPERTIES: Determination of sale of City-owned properties. Purchasing Agent Sue Swensen advised the City has advertised sale of three of its properties: 1700 South Dixie Drive; Sunland Drive; and Bloomington Lane Subdivision. Bids were received as follows: 1700 South Dixie Drive. Ms. Swensen advised the City received three bids: Spilsbury Beard $380,000; Ridge Realty $382,000; Metcalf Development $342,000. She recommended sale of the property to Ridge Realty in the amount of $382,000. City Manager Esplin explained that the appraisal was for $120,000 an acre with improvements, and the $100,000 offered by Ridge Realty is a reasonable offer and recommended the City sell the property to Ridge Realty. A motion was made by Councilmember Gardner City Council Minutes July 8, 1999 Page Two to sell City property located at 1700 South Dixie Drive to Ridge Realty in the amount of $382,000. The motion was seconded by Councilmember Whatcott, and all voted aye. Sunland Drive Property. Ms. Swensen advised only one bid was received: Justin Findlay $1,000,000. She recommended the bid be rejected. City Manager Gary Esplin advised the property appraised by $2-2.5 million. He recommended the bid be rejected and the property re-advertised at a later date. A motion was made by Councilmember Gardner to reject the bid from Justin Findlay. The motion was seconded by Councilmember Allen, and all voted aye. Bloomington Lane Subdivision Lots. Ms. Swensen advised that no bids were received for this property. City Manager Gary Esplin recommended the property remain listed, and if an offer is received, it will be brought to the City Council for consideration. CHANGE ORDER: Consider approval of a change order for engineering services for the Stonebridge SID. City Manager Gary Esplin advised the proposed change order in the amount of $27,715 has been agreed to by affected property owners to allow additional improvements to be included in the special improvement district. The City would have no financial obligation. A motion was made by Councilmember Whatcott to approve the change order as presented. The motion was seconded by Councilmember Isom, and all voted aye. BID OPENING: Consider award of bid for the City Office telephone system. Purchasing Agent Sue Swensen advised that two bids were received: Computel $27,921; Lucent Technology $26,317.40. She recommended award of the bid to the low bidder, Lucent Technology, in the amount of $26,317.40. A motion was made by Councilmember Gardner to award the bid as recommended by the Purchasing Agent. The motion was seconded by Councilmember Orton, and all voted aye. BID OPENING: Consider award of bid for grass seed for the golf courses. Purchasing Agent Sue Swensen advised that three bids were received: Las Vegas Fertilizer $68,484.60; Wilbur-Ellis Company $63,180; Helena Chemical - incomplete bid. She advised that the low bidder, Wilbur-Ellis bid a seed not compatible to this area, therefore she recommended award of the bid to Las Vegas Fertilizer in the amount of $68,484.60. A motion was made by Councilmember Isom to award the bid to Las Vegas Fertilizer in the amount of $68,484.60. The motion was seconded by Councilmember Allen, and all voted aye. ORDINANCE: Consider approval of an ordinance requiring approval of the Washington County Desert Tortoise Habitat Conservation Plan, also referred to as the Red Cliff Desert Reserve, for fencing along borders of this Reserve prior to granting any approval for a final subdivision plat or issuance of any building permit or excavation on the property adjacent to the Red Cliffs Desert Reserve. City Attorney Jonathan Wright advised this item had been tabled from a previous meeting. He explained that the City previously entered into an agreement with the County that the City would enforce fencing requirements along tortoise habitat land. The proposed ordinance would City Council Minutes July 8, 1999 Page Three allow the City to fulfill its contractual obligation and require a fencing and containment plan. He explained that some areas may not require fencing, just containment, therefore property owners are allowed more flexibility. The ordinance allows fencing or containment for property which is developed in phases, rather than requiring the entire project be fenced or contained. He explained that Councilmember Gardner was key in bringing about some of the revisions to the ordinance to allow more flexibility. A motion was made by Councilmember Gardner to approve the ordinance as presented. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. RECOGNIZE BOB COCHRAN: Mayor McArthur presented a plaque to Bob Cochran and thanked him for five years of dedicated service on the Planning Commission. RESOLUTION: Consider approval of a resolution authorizing a notice of intention to create Special Improvement District 99-2 for the Bloomington Ranches area. City Manager Gary Esplin explained this ordinance was necessary in order to begin advertising and set public hearings for the actual creation of the SID. A motion was made by Councilmember Orton to approve a resolution authorizing the notice of intention to create SID 99-2 in the Bloomington Ranches area. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution vacating an easement between Lots 72 and 73 of The Boulders Subdivision, Phase 3. City Manager Gary Esplin explained that the City received a request from the property owner for abandonment of the easement between Lots 72 and 73 of The Boulders Subdivision Phase 3 in order to combine the lots into one lot. A motion was made by Councilmember Isom to approve a resolution vacating the easement between Lots 72 and 73 of The Boulders Subdivision Phase 3. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for conversion of The Four Seasons Motel to a youth treatment center. Frank Habibian, applicant. Associate Planner Jim McGuire advised this request for a CUP was the only item needing action from the Planning Commission meeting of June 22, 1999. He explained that the applicant submitted her application before the City?s new ordinance took effect, and the reason it took so long to come before the City Council was because the applicant had to buy out the time share units which were part of The Four Seasons motel. The City also hired a consultant to perform a community impact analysis, with the conclusion that there were no overriding impacts that justified a single recommendation. The Planning Commission recommended approval subject to a number of conditions: a revised site plan being submitted (with the restaurant and timeshare units being removed from the plan); a review in one year; and contingent upon the criteria outlined in the application, program synopsis and renderings submitted at the Planning Commission meeting (including meeting state licensing requirements, being limited to 60 students, and adjudicated youth not being served by this facility). Lowry Snow explained that he represented the applicant and tenant. Melanie Habibian Jensen is the applicant, and the tenant will be Red Rock City Council Minutes July 8, 1999 Page Four Canyon School, L.L.C. He presented a brief history of the application and advised that in 1998 Ms. Habibian received state approval for the facility. He advised the School will be managed by a board consisting of Robert Newell, Melanie Habibian, Clark Wilkinson, Randy Wilkinson, Tony Allen, Jay Ence, Russ Gallian, and Wayne Holland. Dr. Robert Newell presented a brief overview of the program and explained the school will not serve as a youth detention facility, jail, prison, boot camp or holding facility, but will provide comprehensive adolescent mental health treatment within a closed campus in a regular school setting. A day treatment program and a family outpatient treatment program will also be offered. He advised the programs will be available to youth suffering from substance abuse, addiction or psychological problems, but youth with a history of extreme violence, or who are borderline in intelligence or mentally retarded will not be accepted. He advised that the ratio of staff to students is 1 to 4. Melanie Habibian explained she began putting the program together in 1996. The program will provide clinical, educational, spiritual, vocational and recreational training. She stated she was looking for a vocational program to provide an opportunity for the kids to learn a vocation, and culinary arts, business, architectural, electrical, computer, music and art classes will be provided. An in-house newspaper will also be available. Wayne Holland summarized State licensing requirements. He advised the campus will be closed, and will be a staff secure facility, not a lock down facility. Frank Fisher, the consulting architect for the project, advised that additional landscaping will be added to the current landscaping, and asphalt will be reduced. He advised the current building is well suited for use as a school. Councilmember Whatcott inquired if the pool and sign advertising the Four Seasons motel would remain in place. Ms. Habibian Jensen advised the pool would remain, but the sign will be removed. She advised the back play area would be fenced. Keldon Bower reviewed statistics from the community impact analysis, and advised that in his opinion there would be no negative effect or image degradation to the community as a result of the school. Stan McConkie advised he had been involved in other analyses for youth treatment facilities, and that property values would not decline as a result. Tony Allen advised he made comparisons between statistics from the St. George Police Department for calls for service to Dixie High School, Cinnamon Hills, the Four Seasons and Ancestor Inn. Dixie High School had ten times as many police calls as Cinnamon Hills. He advised he compared the conclusions of the community impact study with the City?s ordinance, and that no negative impact could be shown, therefore, the report mandates the City Council grant the conditional use permit, and its conclusions support the fact that the applicant has met the standards of the ordinance. He stated that there are too many empty motel rooms on St. George Blvd., and it is not fair to the owners that they cannot do anything about the problem. Councilmember Isom inquired if the facility would specifically serve local youth. Mr. Allen replied the facility would be open to local youth, as well as youth from within the State of Utah and throughout the United States. The advisory board will, however, adopt a financial program specifically for local residents. City Council Minutes July 8, 1999 Page Five Mayor McArthur commented that much concern has been expressed by the community. He entered several phone messages and letters into the record. He called on Jody Burnett, an attorney knowledgeable in land use hired by the City, to make comments. Jody Burnett advised that local governments throughout Utah are struggling with land use concerns which have to be balanced against congressionally-mandated amendments to the Fair Housing Act of 1988. Local governments have been pre-empted from using their discretion and control to make certain land use decisions on behalf of the community as they pertain to a target population declared disabled under the Fair Housing Act. He advised that after reviewing the application and recommendation of the Planning Commission, and based on the facts of this particular application, the application should be granted. He clarified that this particular application was filed before the City?s ordinance was amended. The minimum distance requirements set forth in the new ordinance would apply to any new application filed following its date of adoption, or to any amendment of this application. Councilmember Gardner stated that the City Council has always been committed to the youth of St. George and devoted to and concerned about economic development. Discussions concerning this application have been ongoing for several years, during which time legitimate concerns were raised focusing on density and a congregation of these types of businesses in one area of the City. He advised that the City Council has tried to be open-minded and make the best decision for the community, but its hands are tied in spite of what it may feel. With reluctance, he made a motion to approve the conditional use permit subject to the conditions imposed by the Planning Commission. City Attorney Jonathan Wright advised that the conditions include removal of Luigi?s restaurant, removal of the sign advertising the Four Seasons motel, no admission of students with a history of extreme violence or students cognitively functioning below borderline, or adjudicated youth. Lowry Snow advised that adjudicated youth will be allowed to enroll in the school, as long as they do not have a history of violence or have not been convicted of a felony. Councilmember Isom seconded the motion previously made by Councilmember Gardner, and all voted aye. Councilmember Whatcott asked for a clarification of the number of youth permitted. City Attorney Jonathan Wright advised the application was for 60 youth, and that is all that will be allowed under this application. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 to PD Commercial and approval of a hillside development permit for the Black Ridge commercial development located west of Bluff Street below the airport ridge. Young/Kimball, applicants. Community Development Director Bob Nicholson advised the proposed project will encompass 36 acres, and has been modified from the original proposal which was previously presented to the Hillside Review Board, Planning Commission, and City Council. The applicants have reduced the amount of hillside cutting so there will not be any visible scars when the project is completed. There will be 175,000 sq. ft. of commercial space. A 60,000 sq. ft. theater is proposed, and 250 West will be extended. The proposed project is consistent with the General Plan. The applicants own City Council Minutes July 8, 1999 Page Six additional property located up the hill from the project which will be part of Phase 2 and not addressed within this project. The Hillside Review Board and Planning Commission recommended approval subject to providing a hillside restoration bond in the amount of $200,000, and final plans for drainage and street design be approved by City staff. City staff recommends that the developer be responsible for a traffic signal at the intersection of 250 West and Tonaquint Drive, the main entry to the project. It is also staff?s recommendation that Tonaquint Drive be a 100' right-of-way, and that the developer participate in signalization of Tonaquint and Dixie Drive when traffic numbers warrant it. The list of proposed uses is the same as that originally submitted, except with the deletion of two uses - lodge and social hall, and the addition of a theater. The developer concurs with all the recommendations. Councilmember Allen inquired about increased traffic due to inclusion of a theater in the project. Community Development Director Bob Nicholson replied the traffic consultant indicated that eventually the off-ramp would need two left-hand turn lanes, and two northbound turn lanes onto Tonaquint from Bluff Street would be needed to handle the proposed traffic. However, not all these improvements should be provided by the developer. Ken Coombs, one of the partners in the development, advised he accepted the conditions imposed by the Planning Commission. He advised that all studies requested by the City have been provided, and the traffic study indicated there could be as many as 60,000 cars on Tonaquint by 2020. He explained the development team was headed by Les Stoker and Bill McMurrin, who have provided a contour model of the project. Bill McMurrin advised the project will include a street scape and building variations so that each tenant will have its own identity within the project, similar to the Riverwood project in northern Utah. Earth tones are proposed to be used, along with natural materials such as rock. Two story buildings will be located in the center of the project with a plaza on the second level that will include several restaurants. Ira Hodges advised there has been a subtle repositioning of buildings in order to reduce needed cuts and fills. The disturbed area has been reduced by 50% from the original plan. The plan, however, is in its preliminary stage, and improvements will continue to be made. He advised that landscaping of the front of the project will correlate with the entire project and the hillside. Mayor McArthur commented that when the project is completed, there will be no visible cuts. Mr. Hodges advised that eonite will be used to replace color in cuts to the hillside, plants will be replanted, and hydroseeding will be done. Stones and ornamental boulders will also help hide any cuts. Mayor McArthur opened the public hearing. Russ Northrup, a homeowner in Gardens South, inquired where 250 West would connect to Gardens South. Community Development Director Bob Nicholson responded that 250 West would connect north of the Gardens South. Mr. Northrup expressed concern about drainage from the project, and the height of the theater. Russ Gallian, representing an adjacent property owner, remarked that the project was a good one and well conceived, but the upper portion of the City Council Minutes July 8, 1999 Page Seven developer?s property planned for Phase 2 needed to be developed in accord with the master road plan and provide access to his client?s property. Kay Hancock, a resident of Gardens South, inquired how far from the edge of the property the theater would be positioned. She advised the project was great, but expressed concern over traffic on 950 South Street and advised that a traffic light is needed at its intersection with Bluff Street. She also expressed concern about drainage and the lack of retaining walls in the general area. She also expressed concern about the height of the movie theater. Bill McMurrin advised a theater has always been planned to be a part of the development, it was just omitted from the original list of uses. He stated that the addition of 250 West will help improve traffic concerns on 950 South. He advised the upper portion of the project had not yet been master planned, and the grade of the road meets all City standards and has been approved by City staff. As far as the height of the theater, a portion of it has been placed into the hillside to reduce the amount of scar, and its wall will probably be 15' high on one end and 20-30' on the other. The distance from the property line is 20'. Drainage plans have all been approved by the City. Ira Hodges advised that access to the upper level of property remains to be coordinated. Ms. Hancock stated she was concerned the theater was located too close to her home and her view would be ruined. Councilmember Gardner inquired if the theater could be moved. Bill McMurrin advised he would look again at its placement. A discussion ensued concerning the property line between the Gardens South development and the proposed project. Mr. Hodges advised that landscaping behind the theater is not required, but the developer would be willing to place some to help mitigate concern expressed by neighbors. There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Allen to approve the hillside development permit and the requested zone change by ordinance. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change request from R-1-10 to PD Residential for property located south of the LDS Church between Mall Drive and the Middleton Wash. Ceil Investments, applicant. Community Development Director Bob Nicholson advised the project is located between the Middleton Wash and Mall Drive just south of the Red Cliffs Manor project south of the Red Cliffs Mall. 22.7 acres are involved in the project, and the applicants did modify the original plan after meeting with neighbors and the Planning Commission. The final plan shows an extension of 1680 East through the project to intersect with 40 North. 123 units are proposed with a density of 5.4 units per acre. The General Plan shows the area as medium density, and the proposed project is well within the density recommendations of the General Plan. The developers are willing to donate a trail easement and land area to the City. There will be City Council Minutes July 8, 1999 Page Eight a privacy wall along Mall Drive. The Planning Commission unanimously recommended approval. Craig Hopkinson, representing Ceil Investments, advised that after meeting with staff, the size of the street was reduced to pull some units out of the wash 15' more than originally proposed. He advised there will be two entryways to the project, one public and one private. Mayor McArthur opened the public hearing. Edward Wiggins, a Santa Fe resident, asked where the private road ended in relation to the Santa Fe Project. Mr. Hopkinson replied that the private entry will end 150' to the south of the entry to the Santa Fe project. There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve, by ordinance, the zone change as requested. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. Mayor McArthur called for a five minute break, after which the meeting reconvened. REQUEST FOR WAIVER OF FEES AND USE OF SUNBOWL: Consider a request from Coyote Country for waiver of City fees and use of the Sunbowl for a July 24 event. Mayor McArthur stated that the City could waive fees for use of the Sunbowl but share in profits, if any, for reimbursement of the fees. City Manager Gary Esplin advised staff had no problem with waiving the fee, but there is a concern with clean-up, as that is what the fee is used for. He advised that staff supports the concept, but cannot perform clean-up without compensation. Mayor McArthur suggested the applicants be responsible for set-up of the Sunbowl and clean-up after the event. Adele Weiss, representing the applicant, advised that several different options were available to the City: (1) they could be treated like a regular tenant and pay the required rental fee plus 5% of the gate, with the City being responsible for set-up and clean-up; (2) the City could become a sponsor of the event and waive the fee; or (3) a trade could be made for commercial advertising. Mayor McArthur advised that perhaps in the future different options could be considered. Ms. Weiss inquired how much it cost for the City to perform clean-up. Leisure Services Director Kent Perkins advised it would depend on the scope of the project and definition of set-up. He stated the City?s goal is to cover its costs because this request was not budgeted for. He advised the City would be interested in becoming a sponsor in the future, but because of the short time frame, could not do so this year. Ms. Weiss advised that they would need set-up of a 40' x 40' stage. City Council Minutes July 8, 1999 Page Nine Mr. Perkins stated that staff is very concerned about the condition of the Sunbowl at this time because water had to be shut-off for several days to prepare for the fireworks. He advised the lawn is very dry and fragile. Mayor McArthur suggested the City waive the fee for use of the Sunbowl, with the applicant being responsible for set-up and clean-up. A motion was made by Councilmember Whatcott to approve use of the Sunbowl, waive the fees, and require the applicant to be responsible for set-up and clean-up of the facility. The motion was seconded by Councilmember Gardner, and all voted aye. APPROVE SKATEBOARD PARK SITE/HIRING OF AN ARCHITECT: Consider approval of the skateboard park site, hiring of an architect for design of the park, and establishment of an account to receive donations for the park. Leisure Services Director Kent Perkins advised that as a result of a work meeting with the Mayor and City Council, the skateboard park committee is requesting that Snow Park be formally designated for location of the skateboard park. It is also requested that the City request proposals and underwrite the design of the park, allow the volunteer group to solicit funds to construct the facility, and establish a holding account within which to deposit the funds received. A motion was made by Councilmember Isom to designate Snow Park as the site for the skateboard park, underwrite design of the park and request proposals, allow the volunteer group to solicit funds, and establish a holding account for funds collected. The motion was seconded by Councilmember Orton, and all voted aye. City Attorney Jonathan Wright reminded that if solicitation is performed in residential neighborhoods, a permit is needed from the City License Officer. APPOINTMENTS: Consider appointments to various boards and commissions of the City. Mayor McArthur recommended appointment of Steve Nelson and Dale Jones to the Shade Tree Board. A motion was made by Councilmember Gardner to appoint Steve Nelson and Dale Jones to the Shade Tree Board. The motion was seconded by Councilmember Whatcott, and all voted aye. REQUEST FOR USE OF GOLF COURSE: Consider a request from United Way for use of City facilities. Vardell Curtis, representing United Way, explained he was seeking support for the United Way kick-off campaign to be held in September. $70,000 was allocated this year in Washington County, which represents 99.8% of all monies collected. He explained that all monies collected remain in Washington County, and that requests totaling $250,000 were received, but there was only $70,000 to allocate. He advised that Jay Don Blake committed to serve as the honorary chairman for the kick-off campaign, and they are requesting use of the Sunbrook Golf Course at no cost to hold a golf tournament. City Manager Gary Esplin explained that the City receives at least 20 requests each year for waiver of golf fees, and he calculated it would cost the Golf Course Enterprise Fund $3,000-$5,000 to sponsor the event. He stated a precedent would be set, and to his knowledge, golf fees have never been waived. Discounts have been given, but never a waiver. City Council Minutes July 8, 1999 Page Ten Councilmember Whatcott explained the City?s dilemma is that the Golf Course Enterprise Fund stands on its own, and in order to efficiently operate the courses, revenues must match expenses. He stated that this expense would not be fair to the Golf Department. City Manager Gary Esplin stated that the City receives many requests for free golf from worthy organizations, but the golf course fund cannot afford to lose $3,000 when it is barely making it now. He advised the City donated $7,000 to the United Way last year for the volunteer center. He stated the Cancer Society tournament players were charged the resident punch card fee. Councilmember Gardner inquired it if would be feasible to pay the golf fees out of the General Fund. LK Abbott encouraged the Mayor and City Council to support the United Way?s request. Gil Gillespie, Chairman of the Board for the Volunteer Center, advised the Volunteer Center have performed 100,000 hours of community service, and urged the Mayor and City Council to support the United Way?s request. A motion was made by Councilmember Whatcott to transfer funds from the General Fund to the Golf Course Enterprise Fund. The motion was seconded by Councilmember Gardner. No vote was taken. Councilmember Isom stated she would rather have the City give the United Way a donation from the General Fund, and require them to pay for their golf. Following additional discussion, Councilmember Whatcott made an amended motion to deny waiver of green fees for the United Way tournament, but to approve a donation to the United Way from the General Fund for the amount of the green fees. The motion was seconded by Councilmember Gardner, and all voted aye. CREATION OF SID IN LITTLE VALLEY AREA: Discussion concerning creation of a Special Improvement District in the Little Valley area. Public Works Director Larry Bulloch advised there has been increased development activity in the Little Valley area, but the infrastructure is inadequate. The City has been approached by developers and landowners requesting that a SID be developed. Engineering has been performed and the City has contacted the property owners, 80% of whom are willing to pursue an SID. Some are opposed, but the majority are in favor of creating a SID to pursue roadway, sewer and drainage improvements. He requested authorization to proceed with the notice of intention and mailing of notices. He advised that Derrill Larkin has personally spoken with many property owners, the majority of whom are in favor of it. Brent Gardner from Alpha Engineering advised that a majority of the property owners are in favor of the SID, and signed waivers have been received from many who have already developed their property. He advised the improvements would consist of improving 2450 South to 40' of pavement, and Little Valley Drive to 32' of pavement. A motion was made by Councilmember Gardner to authorize proceeding with the notices of intention and mailing of notices to property owners. The motion was seconded by Councilmember Whatcott. City Council Minutes July 8, 1999 Page Eleven Owen Bundy inquired where the sewer would be located. Brent Gardner pointed out on the map where the sewer would be located. Mayor McArthur called for a vote on the motion, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held June 10, 1999. Consider approval of the minutes of the regular City Council meeting held June 17, 1999. Consider approval of the minutes of the City Council work meeting held June 24, 1999. A motion was made by Councilmember Whatcott to approve the minutes as presented, with a correction to the minutes of June 17, 1999. 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 Gardner. The motion was seconded by Councilmember Allen, and all voted aye. RECONVENE: A motion to reconvene was made by Councilmember Gardner. The motion was seconded by Councilmember Whatcott, and all voted aye. DISCUSSION RE NORM OLSON/SUN HILL ASSESSMENTS: After discussion of the request, and based on previous discussions with Norm Olsen, it was the consensus of the Mayor and City Council to reduce Mr. Olson?s total assessment by $191,105.48. REQUEST TO USE CITY PARK: City Attorney Jonathan Wright advised a group of LDS vendors have requested to use a City park for a merchandising event. He advised that in the past the City has not allowed any commercial uses in the parks. It was the consensus of the City Council to not allow the use. ADJOURN: A motion to adjourn was made by Councilmember Allen. The motion was seconded by Councilmember Whatcott, and all voted aye. The meeting adjourned at 9:15 p.m. ____________________________ Gay Cragun, City Recorder