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October 14 2004 City Council Minutes



ST. GEORGE CITY COUNCIL MINUTES

SPECIAL MEETING

OCTOBER 14, 2004, 4:00 P.M.

ADMINISTRATION CONFERENCE ROOM



PRESENT:

Mayor Daniel McArthur

Council Member Suzanne Allen

Council Member Rod Orton

Council Member Larry Gardner

Council Member Gail Bunker

Council Member Bob Whatcott (arrived at 5:40 p.m.)

City Manager Gary Esplin

City Attorney Shawn Guzman

City Recorder Gay Cragun



OPENING:

Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Bryce Christensen, and the invocation was offered by Council Member Bunker. Mayor McArthur excused Council Member Whatcott.



Mayor McArthur invited a Scout to introduce himself.



AWARD OF CONTRACT:

Consider award of contract for the renovation of and improvements to the Bloomington Park.



City Manager Gary Esplin explained that Arnell West was the low bidder on the project. When the City did the bonds for recreation projects throughout the City, these projects included Phase 2 of the Bloomington Park. The School District is paying to replace three fields at another facility, and he recommended that the City instead use those funds to replace the fields at Bloomington Park and use park impact funds to do the new fields in Little Valley. With the money from the bond and the School District, there should be enough to complete the project in Bloomington. All improvements at the new fields in Little Valley would then be funded by the City. The original bid from Arnell West was $1,139,737, not including new lighting. This figure was negotiated down to $933,000, with the City paying above and beyond this figure for lighting, turf, and miscellaneous. The project would total $1,254,833. Arnell West has agreed to the new bid figure of $933,000, and the remaining balance would be negotiated between the vendors and City for lighting, turf, etc.



MOTION: A motion was made by Council Member Orton to approve a contract with Arnell West in the amount of $933,000.



SECOND: The motion was seconded by Council Member Gardner.



VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



City Manager Gary Esplin advised that the contract with Musco Lighting is in the amount of $193,000. The contract for the turf is with West Coast Turf in the amount of $34,300.



MOTION: A motion was made by Council Member Orton to award a contract to Musco Lighting and West Coast Turf.



SECOND: The motion was seconded by Council Member Gardner.



VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



RENTAL ORDINANCE:

Discussion concerning a proposed rental ordinance.



This item was tabled.



EXPANSION OF TWIN LAKES ROAD:

Discussion concerning the expansion of Twin Lakes Road.



Roger Bundy explained that as part of the hillside development permit and as approved by the Hillside Review Board, Mr. Stout was required to cut along the easterly side of the roadway. When the matter came before the City Council, the



St. George City Council Minutes

October 14, 2004

Page Two



Council asked that the road be shifted to the westerly side to avoid cutting the easterly side. This put the cut at the toe of the fill on Ruesch property. There is a lot of debris in the area which would have to be taken out. The proposal was to construct a rock wall with a geo grid and replace the debris with good, clean fill. Mr. Ruesch would have to give permission to do so, and also give permission for construction of the retaining wall. He is not willing to allow this to take place, so the only option is to shift construction of the road to the east side of the right-of-way which will increase the cut on the hillside on Stout property.



Ron Stout explained that he did not want to cut the lava cap, and this is why the roadway was decreased from a 66' road to a 32' road. When the road was shifted to the west, there was a minimal cut. If the road is shifted to leave a 2:1 slope off Ruesch property, the road would only have to be shifted over 18'.



Roger Bundy commented that as the road is shifted, the catch point becomes higher.



Mr. Stout explained that he could make the cut minimal and still have a 32' wide

road. Then later on if the City wanted to widen it, it could either deal with Mr. Ruesch or move the road.



Roger Bundy recommended that the City not accept anything less than a 32' wide road.



City Attorney Shawn Guzman advised that Mr. Stout is dedicating a portion of Middleton Drive which will connect to Twin Lakes Road. This is where the road was originally going to go and was approved by the Hillside Review Board.



Roger Bundy advised that the Hillside Review Board approved a 66' wide road. However, a 66' wide road cannot be built without impacting 40% slope area.



Mr. Stout again commented that he did not want to see the cap cut. He stated if he could narrow the cut and keep from cutting into the cap, he would be OK with what he had to do.



City Manager Gary Esplin commented that staff would study how narrow the road could be without cutting the cap and what alignment works with the intersection. The City will help with engineering.



Mr. Stout asked that the road be numbered and not called Twin Lakes Road.



ADJOURN TO EXECUTIVE SESSION:

MOTION: A motion to adjourn to an executive session to discuss a property purchase was made by Council Member Orton.



SECOND: The motion was seconded by Council Member Gardner.



VOTE: Mayor McArthur called for a roll call vote, as follows:



Council Member Orton - aye

Council Member Gardner - aye

Council Member Bunker - aye

Council Member Allen - aye



The vote was unanimous and the motion carried.

RECONVENE:

MOTION: A motion to reconvene was made by Council Member Orton.



SECOND: The motion was seconded by Council Member Gardner.



VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



Mayor McArthur called for a five minute recess.



PRESENTATION FROM BLOOMINGTON COMMUNITY COUNCIL:

Presentation from the Bloomington Community Council concerning expansion of the RV storage facility in Bloomington.





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October 14, 2004

Page Three



Fred Kruger distributed a map of the site. He explained that the Bloomington Community Council would like to expand the lot. Revenues received from the lot stay in the Bloomington community and are used for tree projects, sidewalk, landscaping, etc. He stated there were 18 people on the waiting list, and 10 have been asked to leave.



City Manager Gary Esplin inquired of Mr. Kruger if he was aware there were several businesses being operated out of the storage facility.



Mr. Kruger replied that he was aware.



Mayor McArthur inquired of Mr. Kruger if he was aware that there were many inoperable vehicles within the facility.



Mr. Kruger replied that he was aware. He explained that space within the facility is leased to Bloomington residents only or those who own property in Bloomington.



City Manager Gary Esplin explained that when the City annexed Bloomington, as part of the Terracor bankruptcy one of the properties they owned was a storage facility by the sewer lagoons. One of the stipulations agreed to as part of the annexation was that the City would allow the Bloomington Community Council to continue to operate a storage area for Bloomington residents to help then conform to Bloomington CC&Rs. Randy Mills of the Bloomington Community Council came up with a great idea to build Christensen Park. The City moved the substation and gave this property for the park site. The City filled in the sewer lagoons, sold the lots, and took this money to build Christensen Park. He commented that the storage facility should be used by residents of Bloomington only, and only for storage of RVs and trailers.



City Attorney Shawn Guzman advised that the RVs and trailers had to be operable and licensed.



Mr. Kruger commented he did not realize that businesses operating from the facility and storage of inoperable vehicles was an issue. Now that he does, he will take care of the problem.



Council Member Orton inquired of Mr. Kruger if expansion would still be needed if all the inoperable vehicles and businesses were removed from the facility.



Mr. Kruger replied that this put a whole new light on the subject.



Council Member Orton commented it sounded like the expansion was not needed at this time.



City Manager Gary Esplin commented he was in favor of the expansion.



Mayor McArthur commented that the storage facility generated funds for the betterment of the community.



Jerry Campbell distributed a hand-out. He explained he was told to remove his vehicle within 30 days because he is not a Bloomington resident yet he has a contract until the end of the year. The property is owned by the City, and the inoperable vehicles and junk cars have been there since 1988. He also has to pay twice what the Bloomington residents pay for rent, and he felt everyone should be treated the same. Additionally, the Bloomington Community Council?s tax exempt status expired in 2000, and he inquired if they had a business license or filed their income tax.



Gail Maxwell commented he was chairman of the Bloomington Community Council for several years and their tax exempt status has not expired.



Mr. Campbell commented that if all vehicles in violation were removed from the storage facility, there would be no need for him to move his vehicle. He asked to see the waiting list.



City Attorney Shawn Guzman commented that the Bloomington Community Council was not a public entity.





St. George City Council Minutes

October 14, 2004

Page Four



Mr. Campbell commented that he has been renting space in the storage facility since 1999 and may be grandfathered in. He suggested that as space is needed, a lottery be held to allow someone on the waiting list to move up. He commented he wanted to continue to rent space at the facility, even though he has been overcharged, and feels he is being discriminated against.



City Manager Gary Esplin commented that if Mr. Campbell were allowed to continue to rent space at the storage facility, the facility would have to be opened up to the entire City.



Council Member Whatcott arrived.



City Manager Gary Esplin advised that he would wait to hear back from Mr. Kruger what he wanted to do.



The meeting then adjourned.







_________________________________

Gay Cragun, City Recorder


















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