City Council Minutes

Thursday, October 20,2016



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

OCTOBER 20, 2016, 5:00 P.M.

CITY COUNCIL CHAMBERS

 

PRESENT:

Mayor Jon Pike                  

            Councilmember Jimmie Hughes

            Councilmember Joe Bowcutt

            Councilmember Bette Arial

            Councilmember Ed Baca

            City Attorney Shawn Guzman

City Manager Gary Esplin 

City Recorder Christina Fernandez

 

EXCUSED:

Councilmember Michele Randall

 

OPENING:   

Mayor Pike called the meeting to order and welcomed all in attendance.  The presentation of Colors and the Pledge of Allegiance was led by the Pine View Air Force JROTC Unit and the invocation was offered by Reverend Jimi Kestin.

 

Colonel Thomas Brown with the Pine View Air Force JROTC Unit thanked the Council for allowing them to be here.  About three months ago, Colonel Glenn Whicker called him to let him know that the Pine View Unit was going to start early.  He explained that it takes an Act of Congress to get a new unit.  He noted that Sergeant Thomas has been involved with the JROTC program for nine years.  Sergeant Thomas stated the program has gone national as they have won many trophies in the drill competitions across the Country.  They are a new unit and are fortunate to have great cadets.  He introduced the cadets who were present.

 

Mayor Pike asked Rene Fleming to come forward. 

 

Ms. Fleming stated that the City received a $5,000 check from the Division of Water Resources for having the highest level of participation in the H2Oath water-wise pledge challenge.  She mentioned the Fall Festival will be taking place on October 24th at the and Conservation Gardens and the Lineman Rodeo will be taking place at the Dixie SunBowl on October 31st.  The Council will be serving breakfast for the participants at 6:30 that morning.

 

Mayor Pike introduced Gary Watts and Diana Azevedo, the new Director of the Dinosaur Ah!Torium Foundation Board. 

 

Ms. Azevedo introduced herself and mentioned public programs and exhibits she would like to implement.  She outlined her background in museums.  

 

APPEAL OF SHADE TREE BOARD DECISION:

Consider appeal of a decision by the Shade Tree Board to not allow removal of trees at 283, 297, and 315 West Hilton Drive.  Aaron Smith, applicant.

 

City Manager Gary Esplin explained this item was continued at the last meeting to allow for the Shade Tree Board to hear a revised plan and visit the site. 

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Shade Tree Board Member Gil Almquist advised the Board did a site visit and there are some concerns with the trees due to lack of maintenance.  With regard to the claim of roots destroying the sidewalks, the sidewalks around the building have not been affected.  The letter sent out discussed the previous decision; after seeing it in person, the Board unanimously decided to uphold their previous decision – the trees should remain as they pose no immediate threat to the buildings itself.  It was recommended that an arborist speak with Mr. Key regarding the possibilities.  He outlined which trees were recommended to be removed and which the Board believes should stay.  The ordinance states that if a tree is removed, it needs to be replaced.

 

Councilmember Baca was present during the site visit, these are beautiful trees. 

 

Russ Key, applicant, thanked the Board for giving him ideas and clarity.  He mentioned that they are not trying to make the cheapest and easiest improvement on the property as the location of the building has now become the center of St. George.  They are a proponent of trees, but he still has a problem with the trees on the east side.  He would rather remove the trees than add dirt as was suggested by the Board.  Additionally, he would also like to remove some of the trees between the two buildings.  Property owners shouldn’t be told what they can and cannot do with their property; it is still his preference to remove the trees and strategically replace them looking toward the future.  He provided a map of what he is proposing. 

 

City Attorney Shawn Guzman advised the Council can modify the Board’s recommendation; however, the ordinance states they would have to replace the trees unless the Council felt one location may create a concern.  The current landscaping was part of the original landscaping plan approved at the time of development.

 

Mr. Key mentioned that they are only allowed to have their business in certain areas.  This property is across the street from several automobile dealerships.  In his opinion, office buildings are not the right use for the property.   As he would like to expand the business in the future, he wants to push the trees towards the outside of the property.  If they have to keep the trees, he will have to take measures to protect the plumbing and sidewalks and will have to trim them.

 

Mr. Almquist identified on the map, the recommendation of the Shade Tree Board.  Replacement trees should not be replanted in the same place; rather they should go out toward Hilton Drive.  He explained that placing dirt on the roots is not a band aid, it is a permanent fix.     

 

Mr. Key commented that a neighboring business owner was concerned that the trees were so overbearing.  He commented that filling with dirt and leaving the roots in place will cause issues in some cases. 

 

Mayor Pike noted that some of the roots could be removed

 

Councilmember Arial commended the Shade Tree Board and the City’s commitment to shade trees; however, she is impressed with Mr. Key and his desire to look to the future.  He has a mature approach to this and a commitment to the beauty of the City.  The concerns can be mitigated.

 

MOTION:      A motion was made by Councilmember Arial to allow the applicant to remove the thirteen trees that he requested be removed.

 

Mr. Key stated that they will replace every one of the trees they are removing with another tree, putting them along the roadway.

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The motion died for lack of a second.

 

Councilmember Baca commented that even if some of the trees were removed, there would still be drainage issues.

 

MOTION:      A motion was made by Councilmember Baca to deny the request to remove the trees and restrain it to the two trees at the entry way plus the ones Mr. Key selected out of the frontage that will be replaced with other trees.

 

Mayor Pike clarified that the two flowering plum trees are not part of a current appeal as their removal was previously approved by the Shade Tree Board.

 

Councilmember Baca agreed to remove them from his motion.

 

The motion died for lack of a second.

 

Councilmember Hughes agrees with Councilmember Arial a bit, but he is concerned as he has a deep respect for the Board.  He asked the value of the trees.

 

Mr. Almquist replied about $5,000 - $8,000 per tree; one of them could be valued at $10,000.  He noted that all of the trees are healthy. When trees are removed and replaced, the applicant is asked to replace it with a tree as big as they can get.

 

City Attorney Shawn Guzman explained typically the applicant is asked for the largest sized tree they can get.  If a tree is removed without obtaining approval, the value of the tree removed plays a role in what the replacement would be.

 

Mayor Pike asked if there was a compromise that Mr. Key and Mr. Almquist would suggest.

 

Mr. Almquist noted that it is nice to see Mr. Key ask to remove the trees as others have just removed them; however, he would like Mr. Key remove the trees at the time he decides to tear the building down.  The Board consists of professionals who look at these requests objectively.  In this particular case, none of the trees are causing the damage as has been stated.  He would like Mr. Key to contact an arborist to see what the cost would be to turn the trees into something advantageous for the buildings. 

 

Councilmember Bowcutt commented that Mr. Key is not an expert, neither is the Council.  The Board is there to give advice and direction as they are experts.

 

Mr. Key noted if what Mr. Almquist says is true, putting dirt over the roots will help, he does not have a problem leaving them.  Looking into the future, he would rather plant trees now along the roadway than wait until they decide to expand.   They feel pressure from the City because of their business; they do not have enough room to do business.  He would like to remove the trees now so things look nice and because

 

 

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he believes they are causing problems.  Further, he would like to have additional room to store side by side vehicles as they are required to store them on site.

The trees he proposes to replace them with will go out into the easements, where buildings would not be allowed. 

 

Mayor Pike added that he can plant the additional trees along the roadway now without removing others. 

 

Mr. Key stated if they can remove the trees between the two buildings, they would replace one for one along the roadway.

 

MOTION:      A motion was made by Councilmember Arial to allow the two trees out front be removed near the entrance and the six in between buildings 1 and 2.

SECOND:        The motion was seconded by Councilmember Hughes.

 

Councilmember Bowcutt commented that he would rather keep the trees further to the east; taking the three out on the west side.

 

Councilmember Arial stated that she doesn’t want to make it more difficult for a business.  This is very difficult for her as she likes trees, but she feels strongly to side with a business owner who is trying to do the right thing. 

 

Mr. Key mentioned that he would plant the outer trees immediately. 

 

Mr. Almquist commented that he is fearful that allowing this create issues with future applicants in similar situations, the will use this as an argument.  If the ordinance states that trees should be around buildings, they should be around them forever until the trees die or the building changes. 

 

Councilmember Baca clarified that Mr. Key would remove the trees and replace them in another spot.  He agrees with Councilmember Arial in supporting businesses, but in this case, it is premature to remove the trees.

 

City Manager Gary Esplin commented that Mr. Key anticipating that something is going to happen with the buildings and removing the trees today will not benefit the business.  If this happens, he suggests doing away with the Shade Tree Board.  The reason why the trees should be removed needs to be outlined.  Either the ordinance is too restrictive or there is an overall program for the entire City to get the trees as there are benefits in having them.    

 

Mayor Pike noted that Mr. Almquist and City Attorney Shawn Guzman mentioned that the replacement trees would need to be bigger.

 

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – nay

 

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Councilmember Arial – aye

Councilmember Baca – nay

Mayor Pike – nay

 

The motion failed.

 

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider changing the zone from A-20 (Agricultural) to R-1-10 (Residential) on approximately 47.41 acres generally located east and west of the logical extension of 2780 East and approximately 900 South.  Development Solutions Group, applicant.

 

Planning & Zoning Manager John Willis presented the request to change the zone from A-20 to R-1-10 on approximately 47.71 acres generally located east and west of the logical extension of 2780 East and approximately 900 South.  He presented a PowerPoint presentation covering the following topics: aerial map of the location; general plan map; zoning map; zone change exhibit; photos of the property.  The Planning Commission recommended approval. 

 

The Council discussed the proposed park in the area.  

 

Mayor Pike opened the public hearing.   There being no comment, he closed the public hearing. 

 

MOTION:      A motion was made by Councilmember Arial to approve the zone change from A-2 to R-1-10 at approximately 2780 East and approximately 900 South.

SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/ZONE CHANGE AMENDMENT/ORDINANCE:

Public hearing to consider a zone change amendment for the Sunbrook Ranch Planned Development located at 415 South Dixie Drive to expand the use of RV parking.  Marv Blosch, applicant.

 

Planner Ray Snyder presented the request for a zone change amendment for the Sunbrook Ranch Planned Development located at 415 South Dixie Drive to expand the use of RV parking.  He presented a PowerPoint presentation covering the following topics: summary of request, narrative from applicant; existing parking agreement - 2014; original master plan; floor plan; aerial map; property limits; record of survey; map of the area; photos of the area; general plan map; zoning map; adjusted parking calculations; site plan; screen trellis elevation and retaining wall section; planting plan; conceptual rendering; letter from resident; and photos of the area.  The Planning Commission

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recommended approval; he reviewed the Planning Commission’s motion.  He outlined which spaces would and would not be covered as well as why there was a private drive.   He does not feel removing the private drive would create future issues.

 

Applicant Marv Blosch outlined the proposed planting plan and noted they will be planting 42 new trees and installing 200’ of new wall near the entry, all of which will be on the west side.  Their offices will be moved to the south side; therefore, there will be a new entrance and the old road will go away.    

 

Mr. Snyder mentioned the current chain link fencing was not originally approved as part of the Planned Development.

 

City Attorney Shawn Guzman noted that this has been an issue previously with code enforcement officers.

 

Mr. Blosch stated that the chain link fence was installed on a temporary basis to provide security.  It will be removed.  The proposed planting plan outlines a proposed block wall. 

 

Mr. Willis noted that the proposed block wall does meet the requirements of the ordinance. 

 

Mayor Pike opened the public hearing. 

 

Bob Secudo, adjacent property owner, stated that the plan looks good; however, he is concerned with the proposed access and increased dust and noise.  He asked if the private road will be maintained. 

 

Mayor Pike asked if there would be any trees planted on the south side of the road.

 

Mr. Blosch explained the proposal does not include the right hand piece of property.  Most of the trees along that side will stay except for those that are protruding into the island. 

 

After Mr. Secudo inquired about the width of the road, City Manager Gary Esplin explained when the road is developed; it will have to meet the requirements in the ordinance. 

 

Resident Blaine Nichols mentioned that he is happy to see that many more trees installed, but that would be many gallons of water being used.

 

Mayor Pike noted that the water usage depends on the type of trees planted. 

 

Mayor Pike closed the public hearing.

 

MOTION:      A motion was made by Councilmember Hughes to approve the zone change amendment to Sunbrook Ranch Planned Development  to include the extended RV storage area per the comments and conditions of the Planning Commission.

SECOND:        The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

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Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

AWARD OF BID:

Consider award of bid for the Recreation Center auxiliary gym floor replacement.

 

City Manager Gary Esplin explained the request is to replace the auxiliary gym floor at the Recreation Center.  The bid amount was $8,000 the budgeted amount; however staff will have to reduce other projects in order to come in under budget at the end of the fiscal year.

 

Recreation Manager Steve Bingham explained the bid came in $8,000 over budget; however, they will forego painting the gym to stay within budget at the end of the fiscal year.  The cost to level the floor is estimated at $1,700, but that may go up slightly once the floor is pulled up and the amount of leveling is determined.  They are looking at a possible change order that would not exceed $53,000.  

 

City Manager Gary Esplin suggested approving the bid amount and deal with the change order at a later time if necessary.

 

MOTION:      A motion was made by Councilmember Arial to award the bid to Shakespear Hardwood Floors for a new floor for the auxiliary gym at a cost of $49,918.

SECOND:        The motion was seconded by Councilmember Bowcutt.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

AWARD OF BID:

Consider award of bid for the preliminary design for the Virgin River North Trail from Fossil Falls Park to the Millcreek substation.

 

City Manager Gary Esplin advised the contract is for the preliminary design for building a trail adjacent to the Millcreek subdivision.  This would consider the feasibility of the trail going around the hill near the skim board park and tying it into Washington City’s trail system.  The amount of the contract is $36,500.   

 

Mayor Pike outlined the area and noted that this item is just looking to see if this would be feasible as it is a difficult spot.    

 

MOTION:      A motion was made by Councilmember Baca to approve the preliminary design for the Virgin River North Trail from Fossil Falls Park to the Millcreek substation.

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SECOND:        The motion was seconded by Councilmember Arial.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

AWARD OF BID:

Consider approval of a change order for the Fleet Services building project.

 

City Manager Gary Esplin explained the Council authorized just over $2 million for the Fleet Services building project.  Due to unforeseen issues, a change order is necessary.  

 

Support Services Director Marc Mortensen explained the change order includes additional work on utilities in the Fleet and Streets yard to upgrade services.  The total cost for the change order is $148,109.

 

MOTION:      A motion was made by Councilmember Baca to approve the change order in the amount of $148,109.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

AWARD OF BID:

Consider award of bid for steel fabrication for the East Ridge and Snow Canyon Substation additions.

 

City Manager Gary Esplin explained the only bidder was Brent G. Theobald Construction, Inc. at the amount of $49,998.  Currently, there are two substations being added to assist with the City’s capacity and load.  The amount is budgeted as part of the amounts approved for the substations.

 

MOTION:      A motion was made by Councilmember Bowcutt to accept the bid for steel fabrications for the East Ridge and Snow Canyon Substation additions in the amount of $49,998.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

 

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The vote was unanimous and the motion carried.

 

SET PUBLIC HEARING:

Planner Ray Snyder advised at its meeting held on October 11, 2016 the Planning Commission recommended setting public hearings for November 3, 2016 to consider: 1) to amend the General Plan from Medium Density Residential (MDR) to Commercial (COM) on approximately 6 acres located at approximately 1900 East Riverside Drive and 2) a zoning regulation amendment to add portions of two streets located in the Atkinville Master Plan to Section 10-10-5(H)(6) of City code, to the streets designated for automobile sales lots.

 

MOTION:      A motion was made by Councilmember Bowcutt to set the public hearings for November 3, 2016.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

HILLSIDE DEVELOPMENT PERMIT:

Planner Ray Snyder presented the request for a hillside development permit to allow for the removal of isolated noncontiguous and insignificant slopes located east of Medical Center Drive, to allow development of a hospital parking lot.  He presented a PowerPoint presentation to cover the following topics: summary of request; Hillside Review Board motion; Planning Commission motion.  He reviewed the Planning Commission’s motion and continued with the PowerPoint presentation covering the following topics: narrative from the applicant and outlined the parking summary; zone change; parking lot area; overall site layout; parking lot layout; slope exhibit; landscaping plan; slope sections; grading plan; construction limit line; section A-A; section B-B; and section C-C.  The Planning Commission recommended approval with the following conditions and comments:

 

1.    Any cuts shown above the parking lot shall not exceed a maximum distance of 40 lineal feet.    

 

2.    The applicant has redesigned and reduced the number of parking spaces by approximately 18 spaces as a result of grading suggestions provided by the Hillside Review Board which will limit hillside disturbance.

 

3.    There does not appear to be rock fall issues on this site.

 

4.    The design shall include in the grading plans, a water collection “swale” system to safely collect an direct all slope water drainage/run-off into the detention basin and storm water system.

 

 

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5.    Design a catch basin system to the satisfaction of the City so that storm events shall be captured and mitigated.

 

6.    As shown on the revised grading plans, limited retaining walls shall be added to best enhance the grading design.

 

7.    The applicant shall blend more naturally the landscaping into the hillside; as depicted in the landscaping plan with trees, plants, brushes, and rock is required to demonstrate mitigation to the satisfaction of the City such that no visible scarring will occur.

 

With the conditions of the Hillside Preservation Board and Planning Commission, no scarring should be seen. 

 

MOTION:      A motion was made by Councilmember Baca to approve the request for a hillside development to allow for the removal of isolated noncontiguous and insignificant slopes and to allow development of a terraced hospital parking lot including the conditions of the Planning Commission as outlined.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:             Mayor Pike called for a vote as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

HILLSIDE DEVELOPMENT PERMIT:

Planner Ray Snyder presented the request for a hillside development permit to allow placement of retaining walls within the ridgeline setback area in the Riverside Cliffs Phase 4 subdivision, south of lots 68, 69, 72, 74 and 75 and east of lot 64 as well as a 30’ ridgeline setback in place of the 35’ conditioned in 2005.  The property is located south if Riverside Drive in the vicinity of the intersection of Riverbend Drive and Riverside Drive.  He presented a PowerPoint presentation covering the following topics:  summary of request; Hillside Review Board motion and conditions; vicinity map; aerial map; zoning map; street views; grading plan; proposed retaining walls; retaining wall details; slope map; drainage report; geotechnical report; reference – 2005 action summary; and photos of the site.  The Planning Commission recommended approval with the following conditions and comments: 

 

1.    Allow a 30’ rear setback and not the 35’ originally required in 2005.

 

2.    Per the hillside ordinance, staff shall look into the potential for a 20’ front yard setback (in Phase 4 only) which will comply with the hillside ordinance provision that areas with 15% or more slope in the front may have a reduced setback.

 

3.    Install the retaining walls as shown on the grading plan within the ridgeline setback area south of lots 68, 69, 72, 74 and 75 and lot 64.

 

4.    Utilize the native color and material for constructing the rock retaining walls.

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5.    The existing cut slopes which have previously been disturbed; provide a minimum re-vegetation effort by spreading seed and providing water for approximately one year.

 

MOTION:      A motion was made by Councilmember Bowcutt to approve the request for a hillside development permit to allow placement of retaining walls within the ridgeline setback area south of lots 68, 69, 72, 74, and 75, and east of lot 64, and a request for a 30’ ridgeline setback in place of the original 35’ conditioned in 2005 with the conditions of the Planning Commission.

SECOND:        The motion was seconded by Councilmember Hughes.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

PRELIMINARY PLAT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Crimson Shadows, a 9-lot residential subdivision located at approximately 2500 East and 2070 South; zoning is RE-20 and RE-12.5.  He showed and outlined the preliminary plat.

 

MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Crimson Shadows. 

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

PRELIMINARY PLAT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Riverside Center, a 1-lot commercial subdivision located at 476 East Riverside Drive; zoning is C-3 (General Commercial).  He showed and outlined the preliminary plat.

 

MOTION:      A motion was made by Councilmember Arial to approve the preliminary plat for Riverside Center.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

 

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The vote was unanimous and the motion carried.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for Meadow Pointe Subdivision, a 30-lot residential subdivision located at approximately 2800 East and 450 North; zoning is R-1-7.  He showed and outlined the final plat.

 

MOTION:      A motion was made by Councilmember Hughes to approve the final plat for Meadow Pointe Subdivision.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

FINAL PLAT ROADWAY VACATON:

Assistant Public Works Director Wes Jenkins advised the request for a final plat roadway vacation located at approximately 3380 East from 6000 South to 6270 South was pulled from the agenda because it was noticed properly.

 

WATER AGREEMENT:

Consider approval of a water agreement between the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints and the City of St. George for the Temple Springs. 

 

City Manager Gary Esplin explained the LDS Church has water rights from their Temple Springs.  Over the years, the amount of water collected has fluctuated.  He recommended exchanging the land for a guarantee from the City of 42 acre-ft. of irrigation water in perpetuity.   Staff is confident that water can be delivered.  He explained the City would be given all of the Temple Springs water rights, infrastructure and property around the springs.     

 

MOTION:      A motion was made by Councilmember Baca to approve the water agreement between the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints and the City of St. George for the Temple Springs.

SECOND:        The motion was seconded by Councilmember Bowcutt.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

APPROVAL OF CONTRACT:

Consider approval of a contract with Hoffman Law to provide assistance with updating Title 10 of City code.

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City Manager Gary Esplin explained as part of the budget, the Council requested funds be set aside to look at amending City ordinances.  He explained that City Attorney Shawn Guzman has been working with Hoffman Law.  Ordinances pertaining to planning land use issues will be reviewed first.

 

City Attorney Shawn Guzman noted that Ms. Hoffman has already reviewed the ordinances and provided some suggestions; staff met with her today.

 

MOTION:      A motion was made by Councilmember Hughes to approve the contract with Hoffman Law.

SECOND:        The motion was seconded by Councilmember Arial.

 

Mayor Pike mentioned that the amount will not exceed $50,000.

 

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

City Attorney Shawn Guzman explained this will be a combined process.  Most of the changes will be to make sure the codes harmonize with one another and to make sure they follow state law.  Options will be presented to the Council in several work meetings.  

 

SET DATE AND TIME FOR PUBLIC COMMENT ON DISPOSAL OF CITY OWNED REAL PROPERTY:

Set date and time for public comment on the disposal of City owned real property located: 1) on 270 East and 1670 South; and 2) in the area of St. George Boulevard between Main Street and 100 West and on 100 West Street between Tabernacle and St. George Boulevard.

 

City Manager Gary Esplin explained when the City decides to dispose of real property, State law requires public comment be heard.  He outlined the location of the two properties and suggested the public comment be schedule for November 3, 2016.

 

MOTION:      A motion was made by Councilmember Arial to hear public comment on the disposal of City owned real property on November 3, 2016.

SECOND:        The motion was seconded by Councilmember Baca.

 

City Attorney Shawn Guzman clarified that this is for public comments only, no action will be taken.

 

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

 

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Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

REPORTS FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER:

No reports were given.

 

MINUTES:

            Consider approval of the minutes from the meeting held on August 25, 2016.

 

MOTION:      A motion was made by Councilmember Hughes to approve the minutes from August 25, 2016.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

         

ADJOURN TO CLOSED SESSION:

MOTION:      A motion was made by Councilmember Baca to discuss property issues and update on potential and ongoing litigation.

SECOND:        The motion was seconded by Councilmember Hughes.

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

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

ADJOURN:

MOTION:      A motion was made by Councilmember Bowcutt to adjourn.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:             Mayor Pike called for a vote, as follows:

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

 

 

St. George City Council Meeting Minutes

October 20, 2016

Page Fifteen

 

 

 

 

 

________________________________               

Christina Fernandez, City Recorder