City Council Meeting Minutes

Thursday, January 19,2017
Minutes



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

JANUARY 19, 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 Scouts and the invocation was offered by Reverend Alex Wilkie.

 

Administrative Services Director Deanna Brklacich, Technology Services Division Manager James Duckett, City Treasurer Laura Woolsey and Finance Manager Tiffany LaJoice presented a PowerPoint presentation covering the following topics: utility bill notices; announcement monitors at utility counter; Inside St. George magazine; instructions are online at: stcity.org/autopay; Paymentus calendar of events; auto pay; payments; and comparison.

 

CITY’S COMPREHENSIVE ANNUAL FISCAL REPORT (CAFR):

Consider approval of the City’s Comprehensive Annual Fiscal Report (CAFR) for the Fiscal Year ended June 30, 2016.

 

Steve Palmer with HintonBurdick CPA’s and Advisors thanked staff for their help during the audit.  He noted that the audit is complete and outlined the our reports issued in conjunction with the audit.  The City received an unmodified, or a clean opinion, on the statements.  There were no findings during their test work of internal control compliance, nor were there any findings in how the City expended federal funding and passenger facility charges and other grant requirements.  Although there were a couple very minor issues regarding the City’s compliance with State requirements, they have been addressed by staff.  The report has been been submitted and accepted by the required agencies.  

 

City Manager Gary Esplin commended City staff for their work on this report and thanked Mr. Palmer and his firm for working with staff.

 

Mayor Pike mentioned this report is available on the City’s website for the public to view.

 

 

 

St. George City Council Minutes

January 19, 2017

Page Two

 

City Manager Gary Esplin advised no action needs to be taken.

 

PUBLIC HEARING/AMEND FINAL PLAT/ORDINANCE:

Public hearing to consider amending the final subdivision plat for the Fort Pierce Industrial Park.

 

Assistant Public Works Director Wes Jenkins presented the request to amend the final plat for the Fort Pierce Industrial Park located at approximately 1414 East 3850 South.  He showed the final plat and outlined the proposed amendments, including to vacate public easements.  The easements do not have any utilities in them.   

 

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

 

MOTION:      A motion was made by Councilmember Arial to amend the final plat for Fort Pierce Industrial Park and to vacate the public easements.

SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

TRANSFER OF PROPERTY TO UDOT/RESOLUTION:

Consider approval of a resolution for the transfer of three (3) parcels located within existing roadways, sidewalks, or public right-of-way to UDOT for use in the Bluff Street project.

 

City Manager Gary Esplin outlined the parcels proposed to be transferred to UDOT for use in the Bluff Street project.

 

MOTION:      A motion was made by Councilmember Hughes to approve the resolution for the transfer of three (3) parcels identified for the Bluff Street project to UDOT.

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

Councilmember Arial – aye

Councilmember Baca – aye

 

 

 

St. George City Council Minutes

January 19, 2017

Page Three

         

The vote was unanimous and the motion carried.

 

AGREEMENT:

Consider approval of an agreement with The Concord Group to do a feasibility and market analysis for the City property known as Tech Ridge.

 

City Manager Gary Esplin mentioned this item has been discussed in previous work meetings.  It is a four-part program where plateaus will be reached.  The analysis will show if there is a market for this type of property and how the mix should be made up.   This company performs this type of analysis in different communities across the country.  He recommends approval of an agreement with The Concord Group and authorize up to $100,000, knowing the first phase will be $30,000, the second will be $24,000 and the third will be $46,000.  After each phase, the Council will decide whether or not to move forward.

 

Mayor Pike mentioned that the Council discussed this item at a previous work meeting.  He explained although Tech ridge, LLC found The Concord Group, they are not affiliated with them.

 

MOTION:      A motion was made by Councilmember Arial to enter into an agreement with The Concord Group for the next step in determining the feasibility and development potential with the City’s  proposed Tech Ridge projects and to authorize up to $100,00, with the first $30,000 being expended.

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.

 

AGREEMENT:

Consider approval of an agreement with TechRidge, LLC for first right of refusal to develop Tech Ridge.

 

City Manager Gary Esplin explained that staff has been working with TechRidge, LLC, who has spent quite a bit of money and time, to get to this point.  As part of the previous action, he recommended they be given first right of refusal.  He does not feel there is a risk to the City.  The formal agreement, which will soon be drafted, is

not binding.   He suggested the approval be subject to the drafting of the agreement and Council’s review.

 

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Four

 

MOTION:      A motion was made by Councilmember Arial to draft an agreement with TechRidge, LLC adding a first right of refusal for developing Tech Ridge, subject to that drafting with a time limit.

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.

 

PARKING DETERMINATION:

Consider approval of a parking determination for restaurants at The Shoppes at Zion.

 

City Manager Gary Esplin explained the Council requested staff to look at the parking requirements under the existing ordinance.  Staff performed a survey of cities who are similar in size; the City is not far out of line in its requirements however, the Council wanted clarification in dealing with the 500 parking spaces and commercial center as outlined in the ordinance.  Further, the Council wanted possible alternatives to consider.   

 

Planning and Zoning Manager John Willis presented a PowerPoint presentation covering the following topics: requested consideration and parking research.  With traditional retail or office, once they hit the 500 mark, the calculation would be different.  They do have the ability to add additional retail stores.  Staff looked at percentages - they would vary depending the available parking.  

 

City Attorney Shawn Guzman added that the parking requirements govern the percentages.  

 

City Manager Gary Esplin noted that options have been presented because there is not currently a definition in the code for commercial.  He believes the parking issue and definition issue be looked at when reviewing the current ordinances.  As long as the ratio above 500 remains 1 to 100, it will be okay.

 

City Attorney Shawn Guzman explained if the City takes this interpretation, it can be used in the interim while the ordinances are being redrafted.  He feels it is a good compromise without causing a problem.   

 

City Manager Gary Esplin mentioned that he feels employees and buses should be required to park behind the building as part of the compromise.  

 

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Five

 

City Attorney Shawn Guzman stated under this interpretation they will be allowed up to 7,900 sq. ft. of additional restaurant space; they were only asking for approximately 6,100.

 

Becky Pendleton with The Shoppes at Zion presented some fun facts regarding what shopping online does for St. George and pointed out some facts regarding Amazon. They do have an employee parking policy in place - she outlined the policy and stated that they do enforce it.  She makes a marketing packet for all of the buses; she will add language to have them park either at the south end or in the rear of the building.  The lighting in the rear of the building for employee parking should be sufficient as it is now.  

 

Russ Mitchell with Jones Waldo spoke about the language in City code.  He provided a handout of a PowerPoint presentation.

 

City Attorney Shawn Guzman pointed out that the proposal fits under the ordinance and gives them more restaurant space than they requested at the previous meeting.


Mr. Mitchell then pointed out some of the factors pertaining to their situation as shown in his PowerPoint presentation and compared their shopping center to others in the City.

The Council discussed what the motion should entail.

 

City Attorney Shawn Guzman stated staff’s interpretation of 10-19-5 is that retail stores and shops, commercial banks, savings and loans, etc., for those commercial areas of 500 spaces or more, the restaurant parking standard remains at 1 to 100, but the retail stores above 500 stalls drops to 1 to 500.

 

MOTION:      A motion was made by Councilmember Hughes to interpret 10-19-5 as outlined and to allow an extra 6,102 of restaurant space and to encourage employees and buses to park in the rear of the building with additional directional signage.

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.

 

SPONSORSHIP OF GEORGEFEST:

Consider approval for sponsorship of the Georgefest on Main Street.

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Six

 

Karen Roundy presented the requests for the Georgefest event.  

 

George Scott with Georgefest noted that they moved the Jazz Garden to Green Gate Village.  They recently obtained non-profit status.      

 

City Manager Gary Esplin suggested approving the year’s local consent; however, staff will be monitoring to see that there is not a change in venue or other issues. The consent is for a jazz and beer garden and wine, not liquor.  

 

Mr. Scott mentioned that they plan on wine, beer, food, and music.

 

City Manager Gary Esplin explained that the City is sponsoring the activities; as long as they remain as presented, everything should be okay.   

 

Mayor Pike outlined the insurance requirements after Councilmember Baca stated insurance requirements should be met.  

 

MOTION:      A motion was made by Councilmember Arial to approve the $2,300 per month sponsorship for Georgefest.

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.

 

SPECIAL EVENT PERMIT:

Consider approval of a special event permit for the Georgefest event for December through December 2017.  Arts Inc DBA Georgefest, applicant.

 

MOTION:      A motion was made by Councilmember Arial to approve the special event permit for the entire year from February through December 2017.

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.

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Seven

 

LOCAL CONSENT:

Consider approval of a local consent for a single event permit for the Georgefest event for February through December 2017.  Arts Inc DBS Georgefest, applicant.

 

City Attorney Shawn Guzman noted that because it is unusual to approve single event permits a year at a time, he suggests providing the applicant with the permits each quarter.

 

MOTION:      A motion was made by Councilmember Arial to approve the local consent for a single event permit for the Georgefest event February through December 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.

 

SET PUBLIC HEARINGS:

Planner Ray Snyder advised at its meeting held on January 10, 2017, the Planning Commission recommended setting public hearings for February 2, 2017 to consider: 1) an amendment to Title 10, Chapter 19 of City code to expand the Student Pedestrian Emphasis Area at to include 679 and 695 East Tabernacle; and 2) a General Plan amendment for the Traveller East of Stone Cliff project generally located on the south side of 1450 South Street, west of 3000 East.

 

MOTION:      A motion was made by Councilmember Bowcutt to schedule the public hearings for February 2, 2017 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.

 

PRELIMINARY PLAT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Fossil Hills Townhomes, a 96-lot residential subdivision located at approximately 3100 South River Road; zoning is PD-R.  He showed and reviewed the preliminary plat.

 

 

 

St. George City Council Minutes

January 19, 2017

Page Eight

 

MOTION:      A motion was made by Councilmember Arial  to approve the preliminary plat for Fossil Hills Townhomes.

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.

 

PRELIMINARY PLAT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Elmwood Estates Phases 1-4, a 51-lot residential subdivision located at approximately 3350 East 3230 South; zoning is R-1-8.  He showed and reviewed the preliminary plat.

 

MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Elmwood Estates Phases 1-4.

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 Redwood Estates Phases 7-8, an 18-lot residential subdivision located at approximately 3350 East 3230 South; zoning is R-1-8.  He showed and reviewed the preliminary plat.

 

MOTION:      A motion was made by Councilmember Arial to approve the preliminary plat for Redwood Estates Phases 7-8.

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

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Nine

         

The vote was unanimous and the motion carried.

 

PRELIMINARY PLAT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Vineyards Ridge, a 57-lot residential subdivision located at the intersection of Cynthia Lane (Santa Clara) and Courtyard Drive, just west of Country Lane; zoning is R-1-10. He showed and reviewed the preliminary plat.

 

City Manager Gary Esplin explained this property was part of Sunbrook development when it was first master planned; the property to the south is a small townhouse project.  The City tried to have them create another access; however, that is a problem the City will have to face in the future - it will have to be discussed when they decide to develop that property.  When the property was developed, the maintenance road was an issue as the property is on a bluff.  The developer owns the roadway and has a sewer in it.  The roadway provides access for other property owners; however, Sunbrook Golf Course staff has used the road to access the maintenance building.  There were some discussions regarding the possibility of them annexing into Santa Clara.  The developer has agreed to extend the water and sewer lines through their property.  Additionally, the developer would like to retain ownership of the prescriptive easement.  Staff proposed to have the easement remain in place for the roadway until another access is provided and then pay their portion of the cost of the curb and gutter as their contribution for the improvements. He recommended the preliminary plat be subject to an agreement.  The primary beneficiary of the road is those that are getting additional access.   

 

MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Vineyards Ridge to include the comments of staff subject to an agreement with the developer on the roadway to the west.

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.

 

PRELIMINARY PLAT AMENDMENT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat amendment for Sequoia Estates Phase 2, a 33-lot residential subdivision located at at approximately Marietta Drive and Maple Mountain Drive; zoning is R-1-8.  He showed the preliminary plat and outlined the proposed amendments.

 

 

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Ten

 

MOTION:      A motion was made by Councilmember Arial to approve the amended preliminary plat for Sequoia Estates Phase 2.

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 MWE St. George Medical Properties, a 1-lot commercial subdivision located at approximately 1065 South Riverside Drive; zoning is PD-C.  He showed and reviewed the final plat.

 

MOTION:      A motion was made by Councilmember Hughes to approve the final plat for MWE St. George Medical Properties.

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.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for Rocky Pointe Subdivision, a 3-lot residential subdivision located at approximately 2100 East and Colorado Drive; zoning is RE-12.5.  He showed and reviewed the final plat.

 

MOTION:      A motion was made by Councilmember Arial to approve the final plat for Rocky Point 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.

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Eleven

 

FINAL PLAT AMENDMENT:

Assistant Public Works Director Wes Jenkins presented the final plat amendment for Foremaster Ridge Phase 4 Second Amendment located at approximately 1677 East and 1699 East 180 South Street; zoning is R-1-8.  He showed the final plat and outlined the proposed amendments.

 

MOTION:      A motion was made by Councilmember Hughes to approve the final plat amendment for Foremaster Ridge Phase 4 to adjust the lot lines and shift the easements between lots 447 and 448.

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.

 

GAS STATION CONCESSION AND LEASE AGREEMENT:

Consider approval of a Gas Station Concession and Lease Agreement with Overland Petroleum, LLC for the existing Sinclair branded gas station at the airport.

 

City Manager Gary Esplin advised in order to have rental cars at the airport, staff went out for proposals to construct and operate a gas station.

 

City Attorney Shawn Guzman outlined the terms of the agreement.  

 

MOTION:      A motion was made by Councilmember Arial to enter into an a Gas Station Concession and Lease agreement with the existing Sinclair branded gas station at the airport.

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.

 

FOURTH AMENDMENT TO THE FBO OPERATING AND LEASE AGREEMENT:

Consider approval of a fourth amendment to the FBO Operating and Lease agreement with Above View LLC.

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Twelve

 

City Manager Gary Esplin explained this fourth amendment to the FBO Operating and Lease agreement with Above View LLC would allow them to add into the fuel area that Skywest was previously using.

 

MOTION:      A motion was made by Councilmember Hughes to approve the lease between the City and Above View.

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.

 

REPORTS FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER:

Councilmember Arial provided a schedule of events for the 20 year celebration for the Art Museum.

         

Councilmember Baca reported on the Dinosaur Museum Board meeting he recently attended.  

 

City Manager Gary Esplin mentioned the appeal rights for the BLM documents.  The City has hired Connie Brooks to file the appeals; the City’s portion will not exceed $10,000.  It will be a three-way split with the County and the Water Conservancy District.

 

Mayor Pike mentioned that February 1st will be the State of the City address and that the Leisure Services Director position recently closed; he, City Manager Gary Esplin, Leisure Services Director Kent Perkins, and Human Resources Director Sharon

Hokanson will be interviewing potential candidates tomorrow and Monday as Mr. Perkins will be retiring the end of April.  The Administrative Services Director position will close tomorrow.  

 

Councilmember Bowcutt commented on the Board of Realtors meeting; City Manager Gary Esplin did a great job presenting to them.

 

ADJOURN:

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

SECOND:        The motion was seconded by Councilmember Hughes.

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

 

Councilmember Hughes – aye

Councilmember Bowcutt – aye

 

 

 

 

St. George City Council Minutes

January 19, 2017

Page Thirteen

 

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.



 

________________________________

 

Christina Fernandez, City Recorder