City Council Minutes

Thursday, August 5,1999



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING AUGUST 5, 1999, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel D. McArthur Councilmember Larry H. Gardner Councilmember Rod Orton Councilmember Sharon L. Isom Councilmember Robert Whatcott Councilmember Suzanne B. Allen City Manager Gary Esplin City Attorney Jonathan Wright Susan Sorensen, Secretary OPENING Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Tenderfoot Scout Matt Jamison and the invocation was offered by Mayor McArthur. The Mayor then complimented the attending scouts on how good they looked in their uniforms and had each one come to the stand and state their name, troop number, rank and the badge they were here to attain. There were no changes to the agenda. CONSENT CALENDAR Consider approval of the financial statement for June, 1999. City Manager Gary Esplin commented on the last month of the budget year, June 1999, and that according to the financial report submitted it finished in good shape. The general fund allowed us to make a transfer to the Capital Project Fund. Councilmember Gardner considers it significant that all the departments came in under budget and stayed within their budgets and commended the staff on the yearly report. Motion made by Councilmember Gardner to approve the reports for the last month of the fiscal year, June 1999, and seconded by Councilmember Allen. All voted aye, motion carried. ORDINANCES Consider approval of an ordinance confirming the assessment rolls and levying an assessment against certain properties in St. George, Utah Special Improvement District 97-2, Washington County, Utah. City Manager Gary Esplin stated that this ordinance would be an action to finalize the assessments for Special Improvement District 97-2. This is the Stonebridge SID. This SID was done through consents and wavers and all the property owners have agreed to their assessments, therefore, Council does not need a Equalization hearing and can go ahead and approve the ordinance and make those assessments. The SID consists of sewer system improvements, bridge crossing installation, water system improvements, a roundabout, street and drainage improvements, power improvements and other miscellaneous work necessary to complete the improvements. The total cost of project is roughly $2 million dollars. A motion was made by Councilmember Whatcott to approve an ordinance confirming the assessment rolls and levying an assessment against properties for SID 97-2. It was seconded by Councilmember Isom. A roll call vote was taken and all voted aye, motion carried. City Council Minutes August 5, 1999 Page Two RESOLUTION Consider approval of a resolution transferring the Falcon Cable TV franchise to Charter Communications. City Manager Gary Esplin stated that the transfer of Falcon Cable TV franchise to Charter Communications requires a formal resolution by City Council as advised by legal counsel. Rich Reniewicki said the transfer from Falcon Cable TV to Charter Communications means better service, better technology, Internet access, future telephone service, and the other technology that come along with data transfer and voice video transfer of data and video conferencing. Councilmember Whatcott said that an audit of Clear Vision still needs to be done, and a resolution should not be passed except with that stipulation because the CEC has no authority to collect the money from Clear Vision as only through the franchise agreement with the City can they actually be forced to do so. City Attorney Jonathan Wright stated that if the money is owed by Falcon as opposed to Clear Vision, such a stipulation could be made as part of the approval, however, if the money is actually owed by Clear Vision, who is not a participant or part of this resolution, then such a stipulation could not be made. Councilmember Whatcott stated that Mr. Reniewicki of Falcon Cable has been very accommodating in helping the City from his end, but the responsibility rests with Clear Vision. Falcon has provided information to the City which it received from Clear Vision at the time of purchase. City Attorney Wright commented in that event, the City could not hold up Falcon or Charter Communications for something that is beyond their control. City Manager Gary Esplin suggested he and the City Attorney contact the CEC and find out what steps have been taken and use any possible leverage to resolve the issue. City Attorney Wright commented he felt confident he could obtain the needed records from Clear Vision Cable. Mayor McArthur suggested this item be scheduled on the next City Council agenda. A motion was made by Councilmember Isom to approve the resolution. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. RESOLUTION Consider approval of a resolution appointing a Board of Equalization and review for the City of St. George Special Improvement District 98-1; setting the dates for the Board to hear and consider objections and comments to any proposed assessment; authorizing the City Recorder to publish and mail a notice of meeting of said Board of Equalization and review; and related matters. The City Council is appointed as the Board of Equalization and hearing dates will be September 7, 8 and 9th. The Board will be available to hear and consider objections or comments regarding those assessments. Three City Council people need to be available for these hearings. The meetings will be City Council Minutes August 5, 1999 Page Three held from 5:00 p.m. through 6:00 p.m. It is a small district, with a handful of people involved. City Manager Gary Esplin does not anticipate any problems. Motion was made by Councilmember Isom for a resolution appointing the City Council as the Board of Equalization, the meeting dates of September 7, 8 and 9th from 5:00 p.m. through 6:00 p.m. Motion seconded by Councilmember Orton. A roll call vote was taken and all voted aye, motion carried. Report from meeting held with interested parties regarding the completion of the Centennial Park in the area of Panorama Elementary and Pine View Middle School. Kent Perkins, Leisure Services Director reports that at the July 22nd City Council meeting he was directed to deal with issues concerning Centennial Park. On July 26, a request for culinary water was approved by the Water Dept. On July 28th Lynne Scott, Parks Superintendent, signed a contract with Alpha Engineering for design engineering services for this site. Prior to the meeting on the 29th, Mr. Joe Collett contacted Lynne Scott and Kent Perkins about a proposal he had relative to his horned toad study center. He asked permission from Lynne Scott if he could attend the July 29th meeting and make a presentation. He also met with a number of City officials including the Mayor, Gary Esplin, school district officials, and with a number of residents and school principals. Prior to the July 29th meeting Lynne Scott, Mayor McArthur, Superintendent Granger, Principal Brooks, Principal Cottam, met to ascertain the support from the School District and they discussed a number of issues at that time. At the July 29th meeting approximately 25 - 27 people were in attendance, including area residents, PTA officials, Principal Cottam, Mayor McArthur, Marc Mortensen, Superintendent Granger, Principal Topham, Lynne Scott, Bill Jackson, Joe Collett, a professor from Southern Utah University, and Judy Flowers from the Grand Canyon Trust. At this meeting a number of things were discussed. Lynne Scott and Mayor McArthur made presentations relative to the historical perspective with water, timing, and different issues. Mr. Collett made a presentation along with the professor from SUU and Pine View Principal Topham relative to the horned toad study area proposal. A number of questions were asked from the audience and number of things were discussed. Principal Cottam and Superintendent Granger spoke and addressed the school point of view and the fact that they would seek for compromise to be considered, that we look at the potential for educational use of the facility along with park development. Kent Perkins then spoke to the group and requested input relative to what we thought are important factors that had to be in this particular area. He identified 9 areas, those 9 areas are visibility, water conservation, amphitheater, restrooms, pavilions, tables, barbecues, discovery play area for tots, trails, and nature study area. Votes were taken on each of those areas, we then committed to the following, 1. remove park sign that was on the site, 2. assist with community citizens to clean up area, 3. help clean up this area, 4. asked the residents to consider the park in the context of the entire site, including the area behind the schools and we reminded them of the commitment that we one made with them that once we had a good water site, we would go in and renovate that site and turn it into a decent park. We would renovate the turf, plant trees and make it a decent facility in the front and well as the back. Lynne made contact, relative to the cleaning of the site, the day after the meeting staff was sent in to remove the sign. Lynne Scott and Kent Perkins met on August 2nd, with staff and input was given from the staff point of view relative to these desired park elements. The City will present the new plan for further input from the community at that meeting. The meeting was adjourned at that time. On August 3, Lynne Scott was in attendance with the Mayor and a City Council Minutes August 5, 1999 Page Four number of City employees at a Y2K update meeting, and that time a number of residents came and wanted to discuss Centennial Park again. The group that was going to clean up wasn?t able to follow through, so our staff was sent out to cleanup, pick up clippings and actually intercepted people that were dumping on the site. We noted that others had come and cut down native plants from the site and removed them. The City?s goal is to return on August 25th with new plans, and reconvene the meeting with Panorama School. At the meeting that the Mayor and Lynne Scott went to the citizens who said they didn?t like the sign taken down as they still wanted to know that a park is coming. Jennifer Bassett expressed concern about the area for lizard and horny toads. The nature area is approved by the principals in hopes that it can be used for education, but maybe not as large as discussed in the past. Mayor hopes all these things can be considered. There was concern that the lizard area might be more appropriate somewhere else. The meeting ended well, there is a lot of frustration in that area. There are 11 acres to the park, there are problems there that need to be taken care of. The problems are primarily from frustration. Kent Perkins isn?t convinced that all of these elements will fit on that site, and that they can incorporate a natural area into a park site, but is evaluating this. Kent Perkins and Lynne Scott have a great deal of trust in the Parks design people. The City found out the School District is going to be doing a project on the site and it cuts through the site or at least near the site, and the City was not aware of this. It has to do with a water line. It proves that the land is not perceived as being the City?s site yet. City staff intercepted some dumping, purposely being brought to this site. The citizens have indicated this also. The City is trying to get a handle on this situation. Lynne Scott has indicated that it is in the priority system, and at the top of the list. The meeting with the community on August 25th will be at 7:00 p.m. Lynne Scott and Kent Perkins have a meeting with the School District tomorrow morning to work through some differences with plans for the site. Presentation could be done at the work meeting on August 26 with City Council to report on the community meeting of August 25th. City Manager Gary Esplin should have a time schedule when a permanent water source will be available. The Water Dept. is looking at having water available by next spring. The City should be able to plan on going to the next step, which would be to renovate the park, and water should not be an issue. It will be one of the largest parks the City has and 2 blocks away is 2450 East Park, which is a 10 acre park. Councilmember Gardner appreciates the work that Kent has done. Consider a request for a second annual five mile road race from Rebel Sports. City Manager Gary Esplin said this event was held last year, and it was successful and no complaints. The City would need to close down part of Skyline Dr. for about 20 minutes. That should be the only street closure. It is a good program. Motion was made by Councilmember Allen to approved the request to hold the race. Motion was seconded by Councilmember Orton. All voted aye, motion carried. Consider a request for approval of a beer and restaurant liquor license for the Gridiron Sports Grill, Inc. City Manager Gary Esplin said there is an existing license at this site. A change in ownership requires us to go through the approval process again since we do not allow a transfer. They have submitted required documentation and there are no problems identified by the Police Department from their application. We would like to make one comment that there have been some reports that there is alcohol to be consumed outside of the restaurant on the patio area. That is not in keeping with the policy, liquor does not go outside, only inside. Approval is revocable if owners continue to let the drinking go outside. Could just be a City Council Minutes August 5, 1999 Page Five misunderstanding on the part of the owner. Gary Esplin wants it to be clarified that premises be identified as indoor. The owner would be notified by letter. Motion for approval for a new beer license and restaurant liquor license for the new owner of Gridiron Sports Grill was made by Councilmember Whatcott, and was seconded by Councilmember Isom. All voted aye, motion carried. Consider approval of a change order for installation of the 130 North drain line project in the area east of the East Black Ridge. Last year the City had two projects bid to help with underground water in the area of Cotton Acres and 130 North. At that time we did not have enough funding to do both projects. Since then the first project is done, and the second project is the 2450 east storm drain which is currently under construction. Staff?s recommendation is that since this was a high priority, and the City has the funding under the new budget, that a change order be done, and to allow Red Rock Construction to finish the project. The cost is $90,000.00. It will provides the citizens an outlet for underground water. Motion made by Councilmember Gardner to approve the change order for installation of the 130 North drain line project. It was seconded by Councilmember Whatcott. All voted aye, motion carried. Consider appointments to various boards and commissions of the City. Sign Review Board - Kim Talbot recommended by Mayor McArthur. Motion made by Councilmember Gardner to approved and seconded by Mayor McArthur, all voted aye, motion carried. Addendum Consider approval of the amendment to the agreement with the Entrada entities to authorize payment for the amount of $20,000.00 to complete road improvements to the Snow Canyon Parkway between the Tuweep road intersection and the Entrada property line. Progressive bid to complete the project. The road should be open by Monday morning on the August 16, 1999. Marc Mortensen commented that the dedication will be postponed a couple of weeks. The addition will be open. Marc Mortensen will be talking with Merrill Lake next week and will set a date. Motion made by Councilmember Gardner to do our part, whatever little balance is needed to finish so that the road is finished on time, and authorize $20,000.00 for the completion of the Snow Canyon Parkway to Tuweep Dr. Also, to authorize the money to go to Entrada to reimburse them for their extension. It was seconded by Councilmember Allen. All voted aye, motion carried. Reimburse Entrada. Approval of Minutes Consider approval of the minutes of the special City Council meeting held July 15, 1999. Motion made by Councilmember Allen to approve the minutes and seconded by Councilmember Isom. Motion carried. Consider approval of the minutes of the regular City Council meeting held July 22, 1999. Motion made by Councilmember Allen to approve the minutes and seconded by Councilmember Orton. Motion carried. City Council Minutes August 5, 1999 Page Six Adjournment A motion to adjourn was made by Councilmember Isom. The motion was seconded by Councilmember Allen, and all voted aye. The meeting adjourned at 5:10 p.m. Susan Sorensen Date