City Council Minutes
City Council Meeting Minutes

Saturday, October 21,2017



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

SEPTEMBER 21, 2017, 5:00 P.M.

CITY COUNCIL CHAMBERS

 

PRESENT:                                        

            Mayor Jon Pike

Councilmember Michele Randall (Arrived at 5:23)

            Councilmember Joe Bowcutt

            Councilmember Bette Arial

            Councilmember Ed Baca

            City Attorney Shawn Guzman

Deputy City Recorder Annette Hansen

 

ABSENT:       

Councilmember Jimmie Hughes

City Manager Gary Esplin 

 

OPENING:   

Mayor Pike called the meeting to order and welcomed all in attendance.  The Pledge of Allegiance was led by Councilmember Bowcutt and the invocation was offered by Councilmember Arial.

 

            Mayor Pike mentioned that agenda items 2A and 6D were not going to be heard this evening and requested motion to amend the agenda accordingly.

 

MOTION:      A motion was made by Councilmember Baca to amend the City Council agenda to remove scheduled items 2A and 6D as noted.

            SECOND:        The motion was seconded by Councilmember Arial.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

APPROVAL TO PURCHASE:

            CONSIDER APPROVAL TO PURCHASE SEVEN (7) NEW UTILITY BEDS

            FOR TRUCKS IN THE PARKS DIVISION

 

Purchasing Manager Brett Whitelaw presented the bid on state contract came in under budget at $73,057.25.

                     

MOTION:      A motion was made by Councilmember Arial to approve the purchase of seven (7) new utility beds for existing truck for the Parks Division for the amount of $73,057.25.

            SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

                             Councilmember Randall - aye

Councilmember Bowcutt – aye

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Page Two     

 

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

AGREEMENT:

CONSIDER APPROVAL OF AN AGRICULTURAL WATER SERVICE CONNECTION AGREEMENT BETWEEN THE CITY OF ST. GEORGE AND C&C CATTLE FARMS, LLC. 

 

Water Services Director Scott Taylor explained that this is a request from a local agricultural water to allow for a culinary water connection to provide water to livestock as the WCWCD water supply impact fee cost is too prohibitive.  This agreement allows for a culinary water connection for agricultural user to provide livestock watering, and waives the water impact fees, but costs for meter and water connection to the property would be paid for by the applicant.  He mentioned that the connection is only allowed for agricultural uses and at any time in the future that the use may change the impact fee will be paid by the user.  He stated that this agreement is recorded against the property, as it will easily be tracked. 

 

MOTION:      A motion was made by Councilmember Arial to approve the agricultural water service connection between the City of St. George and C&C Cattle Farms, LLC as presented.

            SECOND:        The motion was seconded by Councilmember Baca.

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

 

                             Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

          CONSIDER EXTENDING THE PLANNED DEVELOPMENT RESIDENTIAL APPROVAL FOR TWELVE (12) MONTHS FOR THE RIVER WALK VILLAGE GENERALLY LOCATED ON THE WEST SIDE OF THE LOGICAL EXTENSION OF 2450 EAST AND VIRGIN RIVER.

           

            Planning and Zoning Manager John Willis stated that this is in regards to the transitional housing agreement previously approved in 2016.  City code requires obtaining a building permit within 18 months of approval.  The applicant, Switchpoint has been working on obtaining the necessary funding for the project and plan to start construction in the spring of 2018.

 

MOTION:      A motion was made by Councilmember Randall to approve the extension request to the Planned Development Residential (PD-R) approval for the River Walk Village as presented.

            SECOND:        The motion was seconded by Councilmember Baca.

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

 

                             Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

MINUTES: 

          CONSIDER APPROVAL OF THE MINUTES HELD ON AUGUST 3, 2017.

MOTION:      A motion was made by Councilmember Randall to approve the City Council minutes for August 3, 2017.

            SECOND:        The motion was seconded by Councilmember Baca.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

CONSIDER APPROVAL OF THE MINUTES HELD ON AUGUST 10, 2017.

MOTION:      A motion was made by Councilmember Arial to approve the City Council minutes for August 10, 2017.

            SECOND:        The motion was seconded by Councilmember Randall.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

CONSIDER APPROVAL OF THE MINUTES HELD ON AUGUST 17, 2017.

MOTION:      A motion was made by Councilmember Randall to approve the City Council minutes for August 17, 2017.

            SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

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CONSIDER APPROVAL OF THE MINUTES HELD ON AUGUST 24, 2017.

MOTION:      A motion was made by Councilmember Randall to approve the City Council minutes for August 24, 2017.

            SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

Councilmember Randall - 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 RE-37.5 (RESIDENTIAL ESTATES) TO R-1-10 ON 1.516 ACRES LOCATED AT 1330 WEST 750 NORTH. CHURCH OF CHRIST, APPLICANT.

 

Planning and Zoning Manager John Willis stated that the applicant is requesting that the portion of the property that is vacant be changed to R-1-10 to allow for future subdivision development.

 

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

                                                              

MOTION:      A motion was made by Councilmember Randall to approve the Ordinance for a zone change from RE-37.5 to R-1-10 on 1.516 acres located at 1330 West 750 North.

            SECOND:        The motion was seconded by Councilmember Arial.

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

 

Councilmember Randall - 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 REZONE FROM C-3 (GENERAL COMMERCIAL) TO PD-SH (PLANNED DEVELOPMENT STUDENT HOUSING) ON APPROXIMATELY 1.04 ACRES GENERALLY LOCATED AT 1100 EAST AND TABERNACLE STREET.  NELSON BROTHERS PROFESSIONAL REAL ESTATE LLC, APPLICANT.

           

            Planning and Zoning Manager John Willis presented the application to Council and explained that this property is located in the Student Pedestrian Emphasis Area, which allows a request to rezone to Planned Development Student Housing.  He

 

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          presented the proposed site plan which is to build two student housing buildings. The applicant is proposing 31 units with 68 beds.  Units will have between 1-4 students per unit with a cap of 68 students or the project. He stated that the planning commission recommended approval. 

 

          Applicant representative Josh Arrington presented an undated materials board to the Council. He stated that they have contacted and tried to work with the area businesses about this proposal.  Applicant feels that although this area is not currently residential, it does connect in with the other residential developments along I-15.

 

          Mayor Pike opened the public hearing.

 

          Sandra Call, a neighboring business owner, expressed her concerns and opposition to the development in that area.  She explained that the area is already heavily congested with traffic concerns, and the additional traffic and parking for the residential complex would create a huge problem for her business.  She mentioned that this is not a through street, so there is only one access in and out of the area. 

 

          Robert Evans, neighboring business owner of Evan’s Hairstyling College, stated that he has recently purchased the old Roberts Crafts building for his business.  He stated that this area already has a problem with students parking in areas illegally and this development would increase the parking troubles that the area businesses already deal with.  He also stated that due to the difficultly of traffic in the area, the increased traffic would hurt the businesses because people would find the parking too cumbersome and difficult, especially for his elderly clientele. 

 

          Delwin Bracken, business owner of Bracken’s towing and repair shop, addressed the Council with his concerns about the development and reiterated concerns about traffic and congestion in this area.  He stated that this area was zoned commercial for a reason, and felt that this area is better suited for a commercial business and not student housing.

 

          Larry Bellison expressed his concerns about a residential development being constructed in a business area.  He stated that this development would be detrimental to the businesses in the area.  Parking problems are a big concern,

          not only for the residents of the complex but those who visit the residents there.  He believed that this development was not harmonious with the area.

         

          Hearing no further public comment, Mayor Pike closed the public hearing.

 

          Council discussed the parking and traffic issues at length.  Non-compliance with parking issues was also discussed and John Willis explained the possible penalties for non-compliance.  Council also discussed the impact this would have on the neighboring businesses.

                                                    

MOTION:      A motion was made by Councilmember Arial to deny the zone change due to concerns of insufficient acreage for the proposed

 

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development and do not believe that this development is  harmonious with the area.

            SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried and the zone change was denied.

 

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:

PUBLIC HEARING TO CONSIDER AMENDING TITLE 10, CHAPTER 7F OF CITY CODE PERTAINING TO RESIDENTIAL CENTRAL CITY REZONE (RCC) TO AMDEND DEVELOPMENT STANDARDS FOR MINIMUM LOT WIDTH, REAR YARD SETBACKS, AND SIDE YARD SETBACKS.

 

Planning and Zoning Manager John Willis presented the amendment to Council.  He explained the purpose of the RCC zone which was created to promote single family residences.  He explained that the proposed amendment will encourage more single-family by reducing the standards, providing more flexibility and allowing a larger footprint by modifying the setbacks.

 

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

 

MOTION:      A motion was made by Councilmember Baca to approve the ordinance amending Title 10, Chapter 7F of City Code pertaining to Residential Central City Rezone (RCC) as presented.

            SECOND:        The motion was seconded by Councilmember Randall.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

PUBLIC HEARING/VACATE ROADWAY/ORDINANCE:

PUBLIC HEARING TO CONSIDER VACATING A PORTION OF 500 EAST STREET FROM APPROXIMATELY 25 NORTH TO TABERNACLE STREET.  ROBERT MCMILLAN, APPLICANT.

 

Assistant Public Works Director Wes Jenkins presented the request to Council.  He explained that this is to help the applicant achieve setback, parking and landscaping goals for a commercial business.  He stated that the applicant is

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requesting a vacation of 6.5 feet of right of way along 500 East which will allow construction of a mortuary in an existing building without having to tear down a portion of that existing building.

 

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

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance vacating a portion of 500 East Street to the City of St. George as presented.

            SECOND:        The motion was seconded by Councilmember Arial.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

AMEND PLANNED DEVELOPMENT/ORDINANCE:

CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE LEDGES PLANNED DEVELOPMENT PLAN BY MODIFYING THE GOLF COURSE, BUFFER AREA, APPROVED UNITS, AREA ALLOCATIONS OF UNITS AND DENSITIES, SHORT TERM RENTALS, AND ELEVATIONS FOR THE EAST SIDE OF THE LEDGES.

 

Mayor Pike commented that this item was tabled at the last regular City Council meeting where there was a public hearing on the issue.  The  applicant is back to address concerns the Council had at that time.

 

Stacy Young with Development Solutions addressed the Council to clarify concerns that were brought up at the last meeting.  The increase in vacation rental units from 241 to 564 was addressed and the specific areas were shown on a site map.  He explained that the vision of this development is to have this be a true resort community and as such, 24% of the development would be vacation rental properties. He stated that they also addressed the issues that were brought up by residents of Winchester Hills and concerns for a buffer to the project. The plan would be to build a wall or a berm-wall combination. 

 

City Attorney Shawn Guzman explained that this area is adjacent to area that is outside of St. George’s city limits, so there is a leeway on codes and variances in this area. 

 

Mr. Young stated that within the past two weeks he has had several conversations with HOA representatives and homeowners and have been able to work through some of the issues brought up.  They were able to find discrepancies and work out a refined and more clear presentation of what areas they are asking to amend and what areas will not be amended.  He mentioned that there is currently a landscape

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maintenance agreement dispute between HOA’s that is a concern to residents as well as the developer.

 

          Al Wright, HOA representative for Red Cloud on the west side of The Ledges addressed the council.  He stated that he has met with the developer and has had some informative discussions with them.  He requested that distinct clarification be made regarding the density of certain areas and what will not be amended.  He discussed the aspects of density and how he felt that this would impact the neighboring single-family residential community.  He also addressed the issues in regards to the current joint landscape maintenance agreement and road dedications and expressed desire to finally get this issue resolved.

 

City Attorney Shawn Guzman explained the dispute in detail regarding the landscape agreement between the two HOA’s in the area. He stated that possibly mentioning something about this dispute in the action tonight to help facilitate a solution to the issue as the city has allowed continued development when the roadway has not been dedicated and should no longer continue without the issue being resolved.

 

Councilmembers discussed the issue at great length and determined that the motion should include the road dedication and landscape maintenance agreement issue and that the city should be allowed to be a mediator between the conflicting parties in order to get this resolved in a timely manner.

 

MOTION:      A motion was made by Councilmember Baca to approve the Ordinance as follows: increase the allowance of short term rentals from 241 to 564; buffer zone area along Winchester Hills would be an allowance of a wall-on-berm combination contingent upon staff approval; approve the elimination of the additional golf course; staff

is to work with developer to reach a satisfactory buffer solution on southwest side; approve the overall unit count as 2376; all elevations and site plans must come back for council approval as currently required for PD multi-family and commercial zones; and a landscape maintenance agreement be solidified between the two HOA’s for the roundabout on the east side and along the Ledges Parkway and the west side HOA will pay for the west side roundabout and complete the required road dedication with the St George City Attorney mediating agreement as needed.

            SECOND:        The motion was seconded by Councilmember Arial.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

                             The vote was unanimous and the motion carried.

 

 

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RESOLUTION AMENDING CEMETERY FEES:

CONSIDER APPROVAL OF AN RESOLUTION AMENDING CEMETERY FEES.

 

Leisure Services Director Shane McAffee mentioned that existing maintenance standards and current conditions of the cemeteries a recent work session with the City Council and talked about increasing that to a higher standard.  This would require trimming around the headstones on a more frequent basis as well as leveling headstones and graves more frequently.  In order to achieve those standards they are proposing to increase fees to compensate for the increased cost to maintain the higher standard.  He presented the proposed change of fees to the Council and noted that the burial fees would remain the same, and there would be a hundred dollar increase to both the lot fees and perpetual care fees.  This would help to better maintain the cemeteries to increase the trimming of headstones and more frequent lawn maintenance.  He also noted that they are proposing to simplify the cremation garden offerings from 13 options to 4.  He also mentioned that the city needs to look at switching from river water to culinary water due to the damage it is causing to headstones and trees in the cemeteries.  Also there are currently no more spaces in the St. George cemetery and that there is a lack of future cemetery space for the residents of St. George so the Council would need to be looking for future property for additional cemetery space.

 

Mayor Pike mentioned that the consensus of the Council at the work meeting was that the increases in fees happen gradually in smaller increments to do what is necessary at the time. 

 

MOTION:      A motion was made by Councilmember Arial to approve the resolution amending the cemetery fees as presented.

            SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

                             Councilmember Randall - 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 Randall to adjourn to a closed session to discuss potential litigation and to discuss employee professional competency.

            SECOND:        The motion was seconded by Councilmember Baca.

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

 

Councilmember Randall - aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

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                             The vote was unanimous and the motion carried.

 

 

 

 

________________________________                         

Annette Hansen, Deputy City Recorder