City Council Minutes

Thursday, March 2,2017



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

MARCH 2, 2017, 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 Pledge of Allegiance was led by a Scout and the invocation was offered by Reverend Alex Wilkie.

 

Mayor Pike introduced Sergeant Dave Williams who recognized Detective Derek Lewis for taking his personal aircraft, on his day off and on his own time to search for a missing citizen, Leroy Fitzell.  Although Mr. Fitzell was located, he passed away a short time later.  

 

Mayor Pike added that because of Detective Lewis, Mr. Fitzell’s family got to say goodbye to him before he passed.  He and the Council thanked Detective Lewis for going above and beyond.      

 

COMMENTS FROM THE PUBLIC:

No comments were given.

 

FINANCIAL REPORT:

Consider approval of the financial report for January, 2017.

 

City Manager Gary Esplin stated the report shows the City is in excellent position.  He noted the General Fund is up 11.4% over the previous year.

 

MOTION: A motion was made by Councilmember Arial to approve the financial report for January, 2017.

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.



PROFESSIONAL SERVICES AGREEMENT:

Consider approval of a professional services agreement with Rosenberg Associates for the Springs Erosion Repair project.

 

City Manager Gary Esplin explained the agreement is with Rosenberg Associates for the design of the erosion repair project along the Virgin river.  The City will be reimbursed by the Washington County Flood Control Authority.

 

Purchasing Manager Brett Whitelaw noted the cost is $37,530.

 

MOTION: A motion was made by Councilmember Hughes to approve the professional services agreement with Rosenberg Associates for the erosion repair project in the amount of $37,530.

SECOND: The motion was seconded by Councilmember Bowcutt.

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



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March 2, 2017

Page Two

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

 

The vote was unanimous and the motion carried.

 

PROFESSIONAL SERVICES AGREEMENT:

Consider approval of a professional services agreement with Horrocks Engineering for City Creek 84-inch Storm Drain Rehabilitation.

 

City Manager Gary Esplin explained the agreement is with Horrocks Engineering for the corrugated pipe under Sunset Boulevard.  A couple of years ago part of the road caved; the pipe is not in good shape.  Horrocks will determine the best way to repair the pipe.

 

Purchasing Manager Brett  Whitelaw added the cost of the agreement is $29,982.

 

MOTION: A motion was made by Councilmember Hughes to approve the professional services agreement for the storm drain rehabilitation with Horrocks Engineering in the amount of $29,982.

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 the Hidden Valley Park sports court and playground repair.

 

City Manager Gary Esplin explained this item is in current budget; however, although the budgeted was not enough, staff feels this project should be taken care of at this time.  The Parks Division will absorb the overage and delay other projects.

 

Purchasing Manager Brett Whitelaw noted the budgeted amount was $317,000 and recommended rewarding the bid to Royal T Enterprises for the amount of $356,270.16.

 

MOTION: A motion was made by Councilmember Hughes to award the bid for the Hidden Valley Park to Royal T Enterprises in the amount of $356,270.16.

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.

 

AWARD OF BID:

Consider award of bid for the new Bloomington baseball field lights and scoreboard.

 

City Manager Gary Esplin stated this bid is for the lights at the new Bloomington baseball field.  Only one bid was received from Tri State Electric; the amount was within budget.  



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MOTION: A motion was made by Councilmember Hughes to award the bid for the new Bloomington little league scoreboard and lights  to Tri State Electric in the amount of $55,041.

SECOND: The motion was seconded by Councilmember Arial.

 

City Manager Gary Esplin added the lights have already been purchased, this bid is only for the installation.

 

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.



PROFESSIONAL SERVICES AGREEMENT:

Consider approval of a professional services agreement for the architectural and structural design for Fire Station 9 in Little Valley on Commerce Drive.

 

City Manager Gary Esplin explained this item is for a professional services agreement for the architectural and structural design for the new fire station in the little Valley area.  He recommended Mesa Consulting who did stations 7 and 8.

 

Councilmember Baca added this will include a services substation type for the Police Department.

 

MOTION: A motion was made by Councilmember Baca to approve the professional services agreement with Mesa Consulting for the design of Fire Station 9 in the amount of $139,000.

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 the Pioneer Park Emergency Watershed project.

 

City Manager Gary Esplin explained this bid is a joint project with the Federal Government for the Pioneer Park Emergency Watershed project.   NRCS will cover 75% of the cost, leaving 25% to be paid by the City.  The total amount is $528,268.76; the low bidder was Royal T Enterprises.   

 

MOTION: A motion was made by Councilmember Arial to award the bid to Royal T Enterprises for the Pioneer Park Emergency Watershed project in the amount of $528,268.76.

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.



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March 2, 2017

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PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider changing the zone from R-1-10 (Residential) to PD-C (Planned Development Commercial) on 9.12 acres located at approximately 550 East and 650 East Riverside Drive.  Riverfront Medical Holdings LLC, applicant.

 

Planning and Zoning Manager John Willis presented the request to change the zone from R-1-10 to PD-C on 9.12 acres located at approximately 550 East and 650 East Riverside Drive.  He presented a PowerPoint presentation covering the following topics: aerial map of the site; general plan map; zoning map; site layout (phases 1, 2, & 3); phase 1 site layout; renderings; view from residential; materials board; permitted uses; zone change exhibit; and photos of the site.  The Planning Commission recommended approval with comments, some of which he read.

 

Andrew Sorensen, representative for applicant, stated that they have listened to the nearby residents as they would like to be good neighbors.  With regard to the irrigation ditch, he believes they would need to look into that as they proceed with the landscape plan.  

 

Water Services Director Scott Taylor added these fields are the last users for the irrigation ditch.  

 

Councilmember Hughes stepped out.

 

Mr. Sorensen stated they purchased water shares when they purchased the property and do not intend to obstruct use on the other properties.

 

Mayor Pike opened the public hearing.

 

Resident Jay Smith stated that this building will be right in his backyard.  He is happy about this type of development on the property, but requested they build the building behind his house first as there is going to be noise and it will block a lot of the noise associated with construction.  He added there is a cement ditch that is about 25’ as well as one on the north; it was flood irrigated.  Additionally, he is concerned with the time they will begin construction and then asked if a wall will be installed.

 

Mayor Pike noted this is Planned Development which means the Council will approve all aspects of the development.  It appears that trees will be planted.  

 

Councilmember Hughes returned.

 

City Manager Gary Esplin clarified they are required to install a 6’ block wall around the entire project where there isn’t one.

 

Resident Jean Meacham stated that she is not happy about the proposed height as three stories is a bit much.  She mentioned her concerns with light pollution.

 

Mayor Pike noted that the Council reviewed modifications to the lighting ordinance at last week’s meeting.

 

Resident Jill Berglund inquired if all areas will be improved at the same time.  

 

Mayor Pike explained the Council will approve the zoning and the developer will return for approval on the elevations and specifics on the two buildings.

 

Mr. Sorensen outlined the uses they are planning for the first building.

 

Resident Tad Griffiths stated a zone change for this parcel is favorable to the area.  The field has been flood irrigated for years and is a detriment to Riverside Drive.

 

Resident Mark Griffin explained his backyard touches this project, which he is in favor of.  He is concerned with the height of the proposed building and asked

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March 2, 2017

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that a wall be built.  He was always told that the ditch is on his property and would like it looked into.  

 

City Manager Gary Esplin stated per the ordinance a wall with a maximum height of 6’ will be required.  He clarified this is an easement that will remain in place; the irrigation line will be in place for the foreseeable future.  

 

Mayor Pike closed the public hearing.

 

Mr. Sorensen commented they considered two, 2-story buildings; this proposal is less intrusive on views.  If the current zone remained, a house could be built and would be more intrusive.  He added that they will work closely with the City when developing the northwest corner.

 

Mr. Willis noted that the buildings will be approximately 130’ from residential properties.  

 

MOTION: A motion was made by Councilmember Arial to approve the zone change from R-1-10 to PD-C on 9.12 acres located at approximately 550 East and 650 East Riverside Drive, including a height of 42’ for Phase 1 subject to the requirements of the Planning Commission.

SECOND: The motion was seconded by Councilmember Baca.

 

Councilmember Hughes commented the developers have done a good job of communicating with neighbors.  He thanked them and encouraged them to continue the communication.

 

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/ORDINANCE:

Public hearing to consider changing the zone from A-20 (Agricultural) to PD-C (Planned Development Commercial) on 19.40 acres generally located north of Mall Drive between the Virgin River and 3000 East.  SLR, applicant.

 

Planner Ray Snyder presented the request to change the zone from A-20 to PD-C on 19.40 acres generally located north of Mall Drive between the Virgin River and 3000 East.  He showed a Powerpoint presentation covering the following topics: summary of request; aerial map; zoning map; general plan map; uses; parcel configuration (parcels 1 - 3); renderings for Southwest Spine & Pain Center; color and materials board; elevations; conceptual site plan & landscape plan; lot 5; lot 4; lot 3, 2, and 1; and landscape plan.  Signage has not been discussed - the applicant would have to return for approval.  

 

Councilmember Bowcutt mentioned that he would like to see access from Southwest Spine building through lots 1 and 2.  

 

City Manager Gary Esplin noted that staff will require the access when lots 1 and 2 are built on.  

 

Mayor Pike opened the public hearing.  

 

Applicant Graham Larson spoke about the cross access.  He anticipates one being built as has been requested.  

 

Resident Don Williams voiced his concerns regarding a buffer zone, the amount of parking right behind his home, and lighting.  He provided handouts regarding lighting.  

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March 2, 2017

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City Manager Gary Esplin clarified that the Council is considering the uses for the zone as well as the building for the spine clinic.  When this building is being complete, the applicant will have to return for approval of future development.    

 

Mr. Williams then mentioned that he is also concerned with children walking in the area near 3000 East.            

 

Mayor Pike closed the public hearing.

 

After a short discussion, City Attorney Shawn Guzman advised medical and professional offices should be added as a specific permitted use. Further, he noted although a lighting ordinance is not currently in place, the applicant can agree to lighting standards.  The applicant will work with staff on the lighting.

 

Architect Jeff Pinegar noted that the lighting requirements are an excellent idea.

 

MOTION: A motion was made by Councilmember Hughes to approve the zone change from A-20 to PD-C on approximately 19.40 acres and to approve the conceptual site plan, with professional and medical offices as uses, with a height of 42’ and encourage the applicant to work with staff regarding the lighting.

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.

 

SET PUBLIC HEARINGS:

Planner Ray Snyder advised at its meeting held on February 21, 2017, the Planning Commission recommended setting public hearings for March 16, 2017 to consider: 1) amending the General Plan from High Density Residential to Commercial on approximately 6.00 acres located at approximately 600 South and 1000 East; 2) changing the zone from R-1-10 (Residential) to C-2 (Highway Commercial) on 0.80 acres generally located at the northwest intersection of 600 South and 1000 East; 3) amending the PD-C (Planned Development Commercial) zone on 1.00 acres located at the intersection of Riverside Drive and 2200 East; 4) changing the zone from C-2 (Highway Commercial) to R-2 (Multi Family Residential) on 0.20 acres located at 82 West 700 South; and 5) changing the zone to rezone property from PD-R (Planned Development Residential) to PD-C (Planned Development Commercial) on 2.16 acres located on River Road near Brigham Road.  

 

MOTION: A motion was made by Councilmember Bowcutt to set the public hearings on March 16, 2017.

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.

 

BUILDING DESIGN CONCEPTUAL SITE PLAN AND CONDITIONAL USE PERMIT:

Consider approval of a conditional use permit to construct two buildings that exceed 35’ in height between 200 and 300 West and south of Tabernacle as well as the building design conceptual site plan for a mixed use project known as Joule Plaza.  Dixie Sun Ventures, applicant.

 

Planning and Zoning Manager John Willis presented the request for a conditional use permit to construct two buildings that exceed 35’ in height between 200 and 300

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West and south of Tabernacle and building design conceptual site plan for a mixed use project known as Joule Plaza.  He explained the proposal and presented a PowerPoint presentation covering the following topics: aerial map; zoning map; previous approval; previous submittal; revised proposed site plan; elevations; aerial conceptual rendering; northeast conceptual rendering; east conceptual rendering; cross section; southeast conceptual rendering; south conceptual rendering; elevations; floor plan; and photos of the property.  There are findings A-K with the conditional use permit.  He showed a ‘flyby’ for the proposed project.   

 

Councilmember Bowcutt commented he would like to see a wall between the homes and parking lot.  Regarding the south conceptual rendering, it is somewhat misleading as it was taken far away from the backyards.

 

A discussion took place regarding parking and striping for diagonal parking.  At this time, there is not enough parking for a restaurant.

 

Applicant Randy Wilkinson indicated they have worked on meeting the requirements after receiving input from staff and the Planning Commission.

 

City Manager Gary Esplin thanked the applicant for working with staff on the project.  Adjacent neighbors have concerns as did staff in the beginning.  

 

After being asked about the wall, Jerry Nielson with Highmark Construction explained the east end of the south side will be much easier to build a wall than the west end to maintain the 6’ height of the fence.  

 

Councilmember Bowcutt commented that because he lives in the area, this has been tough for him.  The developer has gone out of his way to make the development more friendly to the neighbors; he felt it will vastly improve the area.  

 

Councilmember Hughes noted he has concerns with parking and does not want to create a parking issue.  

 

Mr. Nielson explained a bigger project with a reduction actually helps with parking issues as there are better averages with traffic flow.  Regarding the design, 50% are one bedroom units or studios, the rest being two bedroom units.  This helps control the amount of parking.  He outlined other parking on some of their other projects in northern Utah.  They anticipate assigned parking for their residents; retail parking will be open parking on the west end on Tabernacle.  

 

City Manager Gary Esplin noted that the Council has approved other projects with the same parking requirements as being discussed tonight.       

 

MOTION: A motion was made by Councilmember Baca to approve the building  design conceptual site plan as presented.   

SECOND: The motion was seconded by Councilmember Arial.

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

 

Councilmember Hughes – nay

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

 

The motion carried.

 

Mayor Pike outlined the request for the conditional use permit as follows - to construct two separate buildings that will exceed 35’ in height; building A will be four and five stories with a maximum height of 74’ and building B will be two, three and four stories with a maximum height of approximately 50’.

 

MOTION: A motion was made by Councilmember Baca to approve the conditional use permit for the heights as requested on both of these projects.

SECOND: The motion was seconded by Councilmember Arial.

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

 

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March 2, 2017

Page Eight

 

Councilmember Hughes – nay

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

 

The motion carried.

 

City Manager Gary Esplin stepped out.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for The Arbors Phase 1, a 12-lot residential subdivision located at the northeast corner of Little Valley Road and Horseman Park Drive zoning is R-1-12.  He showed and outlined the final plat.

 

MOTION: A motion was made by Councilmember Arial to approve the final plat for The Arbors Phase 1.

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:

Assistant Public Works Director Wes Jenkins presented the final plat for The Arbors Phase 3, a 9-lot residential subdivision located at approximately 2580 East 3000 South; zoning is R-1-12.  He showed and outlined the final plat.

 

MOTION: A motion was made by Councilmember Arial to approve the final plat for The Arbors Phase 3.

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.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for Riverside Cliffs Subdivision Phase 4 12-lot residential subdivision located at Riverbend Drive and 1930 East; zoning is R-1-8.  He showed and outlined the final plat and discussed a retaining wall.  The wall will require engineering and a building permit; some of the lots will need one.  He will speak with the developer to have it done with the final plat.  If the developer does not want to build it at this time, he will recommend the developer bond for it to see that it does get done.

 

City Manager Gary Esplin returned.

 

MOTION: A motion was made by Councilmember Baca to approve the final plat for Riverside Cliffs Subdivision Phase 4 subject to the conditions and stipulations on the wall.

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

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The vote was unanimous and the motion carried.

 

SALE OF SURPLUS CITY PROPERTY:

Consider the sale of approximately 9,187 sq. ft. of surplus City property.

 

City Manager Gary Esplin presented the sale of approximately 9,187 sq. ft. of surplus City property near the City Offices.

 

Housing and Economic Development Director Matt Loo mentioned the map in the agenda packet outlining the location of the property.  The applicant has requested to purchase the property; 90% of which is a hill.

 

MOTION: A motion was made by Councilmember Arial to sell approximately 9,187 sq. ft. of surplus City property at $1.50 per sq. ft.

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.

 

SET DATE FOR PUBLIC COMMENT:

Set date for public comment regarding the sale of a significant parcel of real property by the City; parcel is located at approximately 2450 East Street and Dinosaur Crossing Drive.

 

City Manager Gary Esplin explained under state law if the City wishes to sell a significant parcel of real property, public comment is required.  A discussion took place regarding noticing requirements.   

 

MOTION: A motion was made by Councilmember Baca to set the public comment on the April 6th City Council meeting.

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.

 

EXTENSION OF CDBG AGREEMENT WITH CIVITAS LLC:

Consider approval of an extension to the current agreement with Civitas LLC for the management of the Community Development Block Grant.

 

City Manager Gary Esplin explained have current agreement with Civitas LLC who provides professional services for the Community Development Block Grant program.  

 

Housing and Economic Development Director Matt Loo added the cost of the agreement is $6,000 per month, $72,000 per year.  The grant will cover  approximately $100,000 for administrative costs.

 

MOTION: A motion was made by Councilmember Arial to approve an extension to the current agreement with Civitas LLC for the management of the Community Development Block Grant at $72,000 per year.

SECOND: The motion was seconded by Councilmember Baca.

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.

 

MINUTES:

Consider approval of the minutes from the meeting held on January 12, 2017.

 

Consider approval of the minutes from the meeting held on January 19, 2017.

 

Consider approval of the minutes from the meeting held on January 26, 2017.

 

MOTION: A motion was made by Councilmember Bowcutt to approve the minutes from January 12, January 19, and January 26, 2017.

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.

 

REPORTS FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER:

Mayor Pike mentioned the Legacy Elementary open house taking place tomorrow.  

 

City Manager Gary Esplin reminded the Mayor and Council that Ron Thompson asked if they would like to do a site visit to review proposed projects.  

 

Councilmembers Arial and Hughes reported about the UDOT Commissioner’s meeting being held on March 16, 2017; the Council agreed to provide lunch.

 

ADJOURN:

MOTION: A motion was made by Councilmember Arial 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.






________________________________

Christina Fernandez, City Recorder