City Council Minutes

Thursday, August 1,2002



St. George City Council Minutes
Regular Meeting
August 1, 2002 4:00 P.M.
City Council Chambers

Present:
Mayor Pro Tem Sharon Isom
City Council Member Rod Orton
City Council Member Suzanne Allen
City Council Member Robert Whatcott
City Council Member Larry Gardner
City Manager Gary Esplin
Acting City Attorney Ronald L. Read
Deputy City Recorder Ren? Fleming

Visitors:
Angie Parkinson – The Spectrum Newspaper

Excused:
Mayor Daniel McArthur

Opening:

Council Member Orton offered the opening prayer; Acting City Attorney Read led the pledge of allegiance.

City Manager Esplin advised item 4A, Consider approval of an ordinance amending Title 5, Chapter 2, Section 15, St. George City code, relating to proximity limits for alcohol licenses would be tabled.

Bid Openings:

Consider award of bid for the St. George Water & Power Addition/Remodel Project

Purchasing Agent Sue Swensen presented the 2 bids received:

Arnell West $259,000.00
AJ Construction $300,420.00

She recommended awarding the bid to the low bidder, Arnell West in the amount of $259,000.

A motion was made by Council Member Allen to accept the low bid from Arnell West in the amount of $259,000. Council Member Whatcott seconded the motion

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried.

Consider award of bid for the Marathon Runner's Shirts

Purchasing Agent Sue Swensen presented the bids received. The local vendor, Xtreme Edge Graphics, agreed to match the low bidder Ad Impact, in the amount of $33,524.46.

Council Member Whatcott asked about the quality of shirt.

Purchasing Agent Swensen indicated Director Perkins made the decision to go with Cool-max brand. It is a different brand than specified but it is a performance blend.

Council Member Whatcott made a motion to award the bid to Xtreme Graphics in the amount of $33,524.36. Council Member Allen seconded the motion
The vote was as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried

Introduction of Boy Scouts

Mayor Pro Tem Isom invited the scouts in attendance to come to the microphone and introduce themselves and tell the council what merit badge they are working on.

Ben Chalis of Troop 1765 is working on the communication merit badge.
Nicholas Abraham of 521 is a Tenderfoot working on the communications merit badge.
John Chalis of Troop 1765 is a Tenderfoot working on the communications merit badge.

Consider approval and authorize the issuance and sale of Industrial Development Revenue Refunding Bonds, Series 2002 (Bluff cove Resort Project) for the purpose of refunding certain outstanding Industrial Development Revenue Bonds of said City issued for the benefit of Bluff Cove Resort, LLC.

City Manager Esplin explained the resolution to issue Industrial Development Revenue Refunding Bonds. He explained there is no obligation to the City to pay the bond, as the law allows for the refunding. He indicated he has reviewed the resolution and it appears to be straightforward.

Council Member Gardner made a motion to approve and authorize the issuance and sale of certain outstanding Industrial Development Revenue Bonds of said City issued for the benefit of Bluff Cove Resort, LLC. Council Member Whatcott seconded the motion.

Mayor Pro Tem called for a roll call vote as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried.

Consider approval of a resolution quit-claiming any interest the City may have in property owned by Hyrum and Gail Smith in the Virgin River flood plain adjacent to the Millcreek Industrial Park

City Manager Esplin explained this is a quitclaim for the property Hyrum and Gail Smith are trying to quiet title on. He explained the location of property and that the Smith's have been utilizing the property for a number of years. They want the City to quitclaim the City's interest if any in this property to them so they can continue to use it as they have been. He explained the City has looked at the property and doesn't see that the City has claim on the property. However, the staff would like to have part of the action include a conservation and trail easement through the property. He advised the Smith's indicated there is no problem with that requirement.

Acting City Attorney Read indicated the legal description needs to be reviewed to make sure that it follows the deed line rather than the fence line.

Council Member Orton made a motion to approve by resolution with both stipulations mentioned quit claiming any interest in property owned by Hyrum and Gail Smith in the Virgin River flood plain adjacent to the Millcreek Industrial Park. Council Member Whatcott seconded the motion.

Mayor Pro Tem Isom called for a roll call vote as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried.

Consider approval of a development agreement with Sun Hill Homes LLC for the Crescent Point Subdivision project.

City Manager Esplin reviewed the previous discussion the Council had regarding this issue. He explained the development agreement in the agenda packet conforms to provisions in the previous discussion. He indicated this is a win/win situation for the City and the developer. It will help the golf course in cleaning up an area with a lot of weeds and is less dense than the original application.

Council Member Orton commented that he thinks all of the issues discussed previously have been resolved.
Council Member Whatcott made a motion to approve the development agreement with Sun Hill Homes LLC. Council Member Gardner seconded the motion.

The vote was as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried

Consider approval of a concessionaire agreement for operation of the food and beverage service at the St. George and Southgate Golf Courses.

City Manager Esplin explained there have been problems keeping concessionaires at the golf courses. The applicant is currently providing concessions at the Dixie Center and has a history in the food service business. He explained the staff is comfortable with the applicant. The only concern is the representation of the two facilities with regard to improvements. He advised the City can't commit to any improvements other than minor repair work that would bring the facilities up to code. He indicated that perhaps in the future there will be funds for additional improvements, but at this time there are no funds for improvements other than those required to bring the facility up to health code specifications.

Council Member Orton asked what hours the concessions will be open.

Dave Terry indicated the general snack bar/concessionaire agreement that was used in the past will be fine tuned and used for this situation. It states any hours the course is open and has players the snack bar is to be open. He indicated the concessionaire may have all their staff on the golf course if it is feasible for the situation.

Council Member Allen commented that many of the improvements listed are things that need to be done like oven repair, fire suppression system and asked if those things will be repaired.

Dave Terry explained those types of repairs have to done to meet health codes and will be made. He explained that Fairway Catering needs to understand some of the improvements listed may be made in the future and the City can't commit to a time frame.

Council Member Gardner commented that if the issue of improvements concerns the applicant, they are free to back out of the agreement.

Wayne Sittre with Fairway Catering commented that he understands the agreement stipulates that the facilities will be up to code, as his company does not want to be in a position of bringing the facilities up to code. As far as other design changes, he realizes those will be done sometime in the future.

Council Member Allen made a motion to approve the concessionaire agreement for operation of the food and beverage service at the St. George and Southgate Golf Courses. Council Member Orton seconded the motion.

The vote was as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carries.

Consider approval of a golf course reservation and tee time system for the City's golf courses.

Dave Terry reviewed the phone reservation system used in the late 1990s. He explained that due to Y2K issues and the vendors' inability to service the project, it was decided to discontinue the service. He indicated he has been investigating alternative options for the last 2 1/2 years. The proposed system will capture email addresses on all users to allow for mass mailings. The system allows the office staff to see tee sheets at each golf course, which will help in the effort to be more effective in building marketing over the entire golf course system. A key benefit is that the on-line internet tee time reservation system is free to the end user (golfer). Other systems he evaluated charge a premium to the end user. He explained the staff thinks it's important not to charge a premium to users who book through the internet. The system is called Golf Gopher; huge financing of a large computer company on the east coast backs it. The upfront costs are affordable, the vendor is great to work with, has good references.

Council Member Orton asked what other courses in Utah use this system.

Dave Terry indicated there no other Utah courses using it at this time. Salt Lake County is considering the system. The company is based in Arlington Virginia.

City Manager Esplin commented that one problem it does create, is the system is internet based only, so those without access to a computer will have to be book tee times manually.
Dave Terry indicated manual booking would still be available; this system will work for out of town golfers and those making tee times at night.

City Manger Esplin commented the system also provides links to hotels and other group packages so visitors to St. George can book a hotel room and a tee time at the same time. Payment will be guaranteed with a credit card at the time of booking, staff will determine the refund policy.

Dave Terry explained the refund policy is important because there is a significant no-show problem right now. A credit card guarantee should eliminate that problem. He indicated the plan is to expand the credit card guarantee policy to manual bookings.

Council Member Orton commented he made reservation in Page AZ on the internet last year, it was very easy to do, the system had various coupons and times available.

Council Member Whatcott asked concerning the busy time of the year and how the pro shop will know what the internet users are booking and how conflicts will be avoided.

Dave Terry explained if DSL internet service is not available, this system won't work. The tee sheet is electronic, so the employee booking a tee time over the phone will see the entire day, updated as internet and phone bookings are made avoiding conflicts.

City Manager Esplin explained there are economic development funds available for this purchase. He feels this would be an appropriate way to use those funds. However, there are some operational funds to budget for.

Council Member Orton commented that he agrees with the recommendation, but this program should increase revenues.
City Manager Esplin agreed it should. He explained staff has been meeting to address some of these issues.

Council Member Gardner commented the decision to go with a computer based program was a tough thing for the golfers to go with in the past. He is assuming staff has looked at this somewhat skeptically to see if is a leap forward.

Dave Terry commented that staff has reviewed this decision in detail.

Council Member Gardner made a motion to approve the Golf Gopher reservation and tee time system for the City's golf courses. Council Member Allen seconded the motion.

The vote was as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried

Acting City Attorney Read advised there are four changes to the agreement that need to be made.

Council Member Isom commented the motion will be subject to the changes made by the Acting City Attorney, if any.

Other business:

City Manager Esplin explained the Dinosaur Field bill under consideration in Congress is out of committee and will go to the floor. It appears the City will receive $500,000 for the site.

Council Member Gardner asked for an update as to the relationship between the north and south side of street.

City Manager Esplin explained the City has an option to purchase the north side of street.

Leisure Services Director Kent Perkins advised there is an agreement to purchase .4 acre, as part of the agreement. The owner will give the City 230 tracks that had been previously excavated. This will more than double the number of tracks.

Consider approval of the minutes of the regular City Council meeting held July 11, 2002

Council Member Orton made a motion to approve as presented the minutes of July 11, 2002. Council Member Allen seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried

Consider approval of the minutes of the special City Council meeting held July 15, 2002

Council Member Orton made a motion to approve as presented the minutes of July 15, 2002. Council Member Whatcott seconded motion.

The vote was as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried

Council Member Orton made a motion to go into executive session to discuss a potential litigation issue. Council Member Gardner seconded the motion.

The vote was as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried

Council Member Allen made a motion to adjourn out of executive session and reconvene the regular City Council meeting. Council Member Whatcott seconded the motion.

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried.

Reconvene regular meeting at 5:00 pm.

Public Hearing

Consider a request for a zone change fro RE-37-5. Residential Estates and Open space to C-3 General Commercial on 4.424 acres located west of the applicant's home at 2121 West Sunset Blvd. Dean Terry Applicant.

Mark Bradley explained the public hearing request. The exhibits on the wall and on the video screen show the area under consideration. The exhibit details the different zones as they exist and the requested zone change area. He explained this issue went to the Planning Commission on May 28, 2001. The item was tabled so the commission could conduct a site visit. The site visit on June 18, 2002; the Planning Commission discussed the request at the June 25, 2002 meeting. He advised the Planning Commission denied the motion and the applicant asked for it to before the City Council. He explained of most concern to the Planning Commission is the open space area. There has been a lot of fill brought into the area. It is a high water level flood plain area. Concerns about appropriateness of the zone change really dealt with the open space along the wash the narrowness of the area between the wash and neighborhood as well as what actions would go on if the zone change is granted.
Mayor Pro Tem Isom invited Mr. Terry to speak to the Council.

Dean Terry gave a brief history of the property. It was zoned R3 and developed in to 8 or 10 phases. He indicated Bob Nicholson and Mark Bradley asked if he'd agree to go down to zone R110. He said had he not done that he would have been able to do this.

City Manager Esplin asked if the subdivision was already built when the zone was changed.

Dean Terry indicated the subdivision was platted but not built. With regard to the open zone, that area is in the flood plain. He said he is not filling in the flood area; it's in Santa Clara City limits. He indicated Mr. Rosenberg, his engineer, is in attendance and working with FEMA. He said he has done everything that has to be done. He said there is no objection from the neighbors. So as far as buffer being R110 or R18, as opposed to R3, there are no objections. He said notices were sent out. He indicated that City Staff didn't mention objections until the request went to the Planning Commission. As far as C3, the entire Sunset Blvd except for one piece is zoned C3. He said this is his case and he is happy to answer questions.
Mayor Pro Tem Isom declared the public hearing open and asked if anyone has come to speak to it, if so, they should come to the microphone and state their name. Seeing there was no one wishing to speak, she closed the public hearing and asked Council for a decision and if there are any questions.

Council Member Whatcott indicated he has the same question as the Planning Commission as far as C3 as opposed to C2. He asked Mark Bradley what direction the City is going with regard to this issue. He indicated he'd like to know why it has to be C3 and not C2.

Dean Terry explained that he didn't want to say it is to be uniform or fair with all the other property, but that is why and he asked why is C3 offensive.

City Manager Esplin explained when evaluating zoning issues, there are a lot options that would be considered offensive uses that aren't appropriate when a subdivision is in the surrounding area. He explained C3 is for commercial/industrial sections of the City. Other areas of the City have been zoned C2 rather than C3 due to the same issues, those being what should be done in areas of subdivisions. He explained C3 is the zone that allows for the highest commercial activities. The staff is suggesting C2 because of a subdivision going in.

There was discussion concerning whether or not the Planning Commission discussed approving C2 versus C3 zoning and the issues that concerned the Planning Commission, such as the area that is zoned open space remaining open space. The group discussed issues involving the open space, slopes and what uses are appropriate in a C2 zoned area.

City Council Member Allen explained the Planning Commission did have a discussion about the possibility of a welding shop in the area.

Dean Terry explained he has invested over $200,000 in fill and riprap required to put along the canal. He has been hauling fill from Bloomington Hills because he wants it to be first class. He explained he can't afford to put in a welding shop.

City Manager Esplin pointed out that Mr. Terry could sell the property to someone else and he or she would be able put in anything in the C3 zone if the change were made.

Dean Terry stated he was in it for C3. There are other Sunset properties that are zoned C3.

Council Member Gardner asked if Mr. Terry was planning for uses that are allowed in C3 and not allowed in C2. He indicated he was asking because when Mr. Terry talked about the money invested in improving the property, generally those types of developments fit in C2 easier than in a C3 zone.

Dean Terry indicated he has not really decided yet, C3 fits better.

Council Member Orton asked Mr. Terry for an example for what can be done in C3 that can't be done in C2.

Dean Terry indicated he couldn't think of anything.

Council Member Orton commented that he didn't want quarrel over something that can be resolved. He felt Council Member Gardner's question is very legitimate. The reason the Council is suggesting a C2 zone is because it doesn't seem that anything Mr. Terry has planned wouldn't be allowed in C2. He explained that he went out on Mr. Terry's property, he is a little confused as to what would go into the back strip, he can't imagine why and how that would be developed. He also stated that he can't imagine anything written in C2 that can't be used in that project.

Dean Terry commented the narrow strip is a set back and asked if all of Sunset Blvd. would be rezoned to C2.

City Manager Esplin commented if that could be done it would be rezoned it to C2.

The group discussed the types of businesses that can go into C3 zone areas and not into C2 zoned areas. Council Member Whatcott listed some specific examples such as a pawnshop, pool hall, welding shop and crematorium. It was discussed that the things Mr. Terry anticipates developing would be allowed in a C2 zone.

Dean Terry asked Council Member Gardner if he would accept the back piece being zoned C2 rather than C3.

Council Member Gardner indicated he would accept it. He commented the triangular piece in the back was next to a subdivision and should be zoned C2, the area next to Sunset Blvd is more highway commercial and could be zoned C3. However, from the discussion tonight it seems C2 fits more with the entire property.

Council Member Whatcott asked if the Council is voting on the whole piece of property or just the part that is not open space.

Mayor Pro Tem Isom indicated the request is for the entire property.

Council Member Gardner asked if there are there any reassurances the backside of the property will be left at the current elevation or will it change and have fill added.

Council Member Orton asked how wide is the narrow strip.

Rick Rosenberg explained the bottom of the slope is 35 to 40 feet not all of it will be brought to the level of the slope.

Council Member Orton asked what can go into that strip.

Dean Terry indicated parking.

Council Member Gardner asked if there can there be any assurances given to the neighbors that those elevations will be the final elevations.

Rick Rosenberg explained it would be very difficult to get a building on the narrow strip. That area will be parking or dumpster storage. The riprap area gets smaller as erosion control is installed.

The group discussed the area requested for the zone change and possible uses of the narrow area and the slope. The fill that has been put in and the excess fill that has been removed was discussed. Also discussed was the elevation and what changes would be made.

Mark Bradley displayed via video screen a picture of the property that was taken Tuesday afternoon. This exhibit was the same one received with the area photo. The legal description of the zone change is highlighted. He pointed out that the sluff area of the photo is a new home being built. He also explained that in the report from the Planning Commission it discusses a PD type of zone, the applicant was not in favor of that nor was he in favor of splitting the two pieces into separate zones. He advised that the Council could feel confident that when the staff reviewed this application and made recommendations, the well-being and over well fare of the community as a whole was considered.

Council Member Gardner commented that he didn't disagree totally with Mr. Bradley, however, prior to the his employment much of the holding property was designated as open space because they didn't know what would be done with the property, the intention wasn't for it to remain permanently zoned open space.

Council Member Orton asked if there is other open space out here.

Council Member Gardner commented he thinks there is other open space in the RP&P properties.

Council Member Orton specified his question was related to this general area.

Council Member Gardner indicated there isn't any other open space land and it isn't consistent with any thing else there.

Council Member Whatcott stated it's a flood plain and maybe should remain as open space.

The group discussed the open space in the area and the flood plain. The flood plain will stay open space due to federal requirements.

Council Member Gardner commented that the council generally addresses issues from the prospective of property rights. He suggested C2 would accomplish everything Mr. Terry wants to accomplish whether he chooses to keep the property and develop it or sell it, the C2 would work.
Dean Terry commented that it might.

Council Member Gardner commented that C2 zoning allows the applicant to do everything he wants, and provides the City with assurance that it will be developed in accordance with what is appropriate.

Dean Terry stated he will accept a C2 zone change.

Council Member Gardner advised that before the council goes forward he would like to ask a few clarifying questions. Can professional and medical offices fit in C2?

City Manager Esplin advised there isn't much that doesn't fit in C2.

The Council discussed that a medical office would be allowed but a hospital would not.

Council Member Gardner made a motion to approve the rezone request of 4.424 acres of property owned by the applicant on 2121 West Sunset Blvd to C2. Council Member Orton seconded the motion.

Council Member Whatcott indicated the next question concerns the part that is open space, he explained he doesn't have a problem with it going to another zone, however, what is the possibility of the Council doing it PD Commercial. It makes sense to put a parking lot back there, but how does a City through zoning make sure the residents are appeased. Recognizing parking is a premium, make it nicer and more appealing, how does the City control that to make sure it blends with the residents and the flood plain.

Council Member Gardner indicated he understands the direction Council Member Whatcott going, but it also becomes a bit laborious and difficult for a property owner to develop when maybe C2 accomplishes the concerns that the council has. He stated he still leaves his motion as a C2 zone.

Council Member Orton asked if this would be part of the hillside ordinance if they did anything with the slope.

The group discussed the hillside issue and that it has to be in the overlay zone in order for the hillside ordinance to come into play.

Jay Sandberg clarified the way he understood the zone change request, it is all the property out of the flood plain. He suggested the motion exclude property outside of the flood plain so that in the future as plans were reviewed it would be clear that the zone change does not include the flood plain.

Council Member Gardner agreed that should be added to the motion.

Mayor Pro Tem Isom stated she had a motion and a second to rezone the property to C2 and called for a roll call vote as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye
Motion carried.

Council Member Allen made a motion to adjourn the regular City Council meeting. Seconded by Council Member Gardner.

Vote was as follows:

Council Member Gardner: aye
Council Member Allen: aye
Council Member Whatcott: aye
Council Member Orton: aye.
Motion carried.

Meeting adjourned at 5:50P.M.

Minutes recorded by


Ren? Fleming Deputy City Recorder Date