City Council Minutes
City Council Meeting Minutes

Thursday, September 7,2017



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

SEPTEMBER 7, 2017, 5:00 P.M.

CITY COUNCIL CHAMBERS

 

PRESENT:

Mayor Jon Pike

Councilmember Jimmie Hughes

Councilmember Michele Randall

Councilmember Joe Bowcutt

Councilmember Bette Arial

Councilmember Ed Baca

City Attorney Shawn Guzman

City Manager Gary Esplin  

City Recorder Christina Fernandez

 

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 Don Bush with The Salvation Army.

 

Ed Rufener with the American Public Works Association presented the Stormwater Project of the Year Award to the City’s Public Works Department for the Washington Fields Trail & Drainage Corridor - Phase 1 project.

 

City Engineer Jay Sandberg explained what the project entailed.

 

Mayor Pike read a proclamation proclaiming September 17 through September 23 as Constitution Week.

 

Valerie King explained how Constitution Week came about and highlighted the St. George Chapter of the Daughters of the American Revolution.

 

Councilmember Randall read a proclamation in which Mayor Pike proclaimed September 10 through September 16 as Suicide Prevention Week.

 

COMMENTS FROM THE PUBLIC:

No comments were given.

 

City Manager Gary Esplin advised items 2B and 6G will not be heard tonight.

 

FINANCIAL REPORT:

Consider approval of the financial report for July, 2017.

 

City Manager Gary Esplin advised this is the first month in the new fiscal year.

 

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

SECOND:        The motion was seconded by Councilmember Bowcutt.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

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September 7, 2017

Page Two

 

The vote was unanimous and the motion carried.

 

AIRPORT HANGAR LEASE:

Consider approval of an airport hangar lease with Aaron Smith for Lot #103.

 

City Manager Gary Esplin explained this hangar was sold to Aaron Smith.  The applicant meets all requirements.

 

MOTION:      A motion was made by Councilmember Randall to approve the airport hangar lease with Aaron Smith for Lot #103.

SECOND:        The motion was seconded by Councilmember Hughes.

VOTE:              Mayor Pike called for a 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.

 

PROFESSIONAL SERVICES AGREEMENT:

Consider approval of a professional services agreement for the design documentation and construction management of a bike skills park at the Sand Hollow Wash.

 

City Manager Gary Esplin stated this agreement is for the design of the bicycle skills park as will be funded with RAP tax.  He recommended using FlowRide Concepts.

 

MOTION:      A motion was made by Councilmember Randall to approve the professional services agreement with FlowRide Concepts in the amount of $33,450 for the bike skills park.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

PROFESSIONAL SERVICES AGREEMENT:

Consider approval of a professional services agreement for the design and improvement to the loop road and associated parking areas within Pioneer Park.

 

City Manager Gary Esplin advised funds were included in the current budget to make the improvements to Pioneer Park.  He recommended using Project Engineering Consultants at amount not to exceed $28,180.

 

 

 

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MOTION:      A motion was made by Councilmember Baca to approve the professional services agreement for the design and improvement to the loop road and associated parking areas within Pioneer Park in the amount of $28,180.

SECOND:        The motion was seconded by Councilmember Bowcutt.

VOTE:              Mayor Pike called for a 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.

 

APPROVAL TO PURCHASE:

Consider approval to purchase seven (7) Ford trucks for the Leisure Services Department.

 

Purchasing Manager Brett Whitelaw explained this request is to purchase seven (7) Ford trucks from Larry H Miller for the Leisure Services Department.  The amount is $161,472.59 which is included in the current budget.

 

MOTION:      A motion was made by Councilmember Arial to approve the purchase of seven (7) Ford trucks from Larry H Miller in the amount of $161,472.59. 

SECOND:        The motion was seconded by Councilmember Randall.

VOTE:              Mayor Pike called for a 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.

 

APPROVAL TO PURCHASE:

Consider approval to purchase a Toro 4000D mower and accessories for the Leisure Services Department.

 

Purchasing Manager Brett Whitelaw stated this request is to purchase a Toro 4000D mower and accessories from Turf Equipment & Irrigation in the amount of $63,207.90 for the Leisure Services Department.  The amount is within the budgeted amount.

 

MOTION:      A motion was made by Councilmember Randall to approve the purchase a Toro 4000D mower and accessories from Turf Equipment & Irrigation in the amount of $63,207.90.

SECOND:        The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Bowcutt – aye

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September 7, 2017

Page Four

 

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

APPROVAL TO PURCHASE:

Consider approval to purchase the marathon finisher medallions and awards.

 

City Manager Gary Esplin explained this is a sole source purchase due to the uniqueness of the product.  The medallions and awards will be purchased from Kenworthy Signs and Monuments at a cost of $60,260.  The fees paid to run in the marathon cover the cost.

 

MOTION:      A motion was made by Councilmember Hughes to approve the purchase of the marathon medallions and awards from Kenworthy Signs and Monuments at a cost of $60,260.

SECOND:        The motion was seconded by Councilmember Bowcutt.

VOTE:              Mayor Pike called for a 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.

 

APPROVAL TO PURCHASE:

Consider approval to purchase a used 2015 freightliner for the Water Services Department.

 

City Manager Gary Esplin explained this request is to purchase a used 2015 freightliner from Warner Trucking Centers for the Water Services Department.  This is also a sole source purchase due to high transitional costs and they have a service center in Washington County.  The amount is $59,213.

 

MOTION:      A motion was made by Councilmember Baca to approve the purchase of a used 2015 freightliner from Warner Trucking Centers for the Water Services Department in the amount of $59,213.

SECOND:        The motion was seconded by Councilmember Hughes.

VOTE:              Mayor Pike called for a 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.

 

APPROVAL TO PURCHASE:

Consider approval to purchase five hundred seventy-six (576) power meters.

 

 

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September 7, 2017

Page Five

 

City Manager Gary Esplin presented the request to purchase five hundred seventy-six (576) power meters from Riter Engineering in the amount of $113,280.  This is a sole source purchase and is within the budgeted amount.

 

MOTION:      A motion was made by Councilmember Arial to approve the purchase of five hundred seventy-six (576) power meters from Riter Engineering in the amount of $113,280.

SECOND:        The motion was seconded by Councilmember Randall.

VOTE:              Mayor Pike called for a 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.

 

APPROVAL TO PURCHASE:

Consider approval to purchase a new vermeer chipper and vac-tron excavator.

 

Purchasing Manager Brett Whitelaw stated the request is to purchase a new vermeer chipper and vac-tron excavator from Vermeer Rocky Mountain off the State Contract MA218 and the National Joint Powers Alliance Cooperative Contract.  The total amount for both pieces of equipment is $151,000.32. 

 

City Manager Gary Esplin added, since the amount is higher than the budgeted amount, the budget will be adjusted to fit the additional cost.

 

MOTION:      A motion was made by Councilmember Randall to approve the purchase of a chipper and excavator from Vermeer Rocky Mountain in the amount of $151,000.32.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

AWARD OF BID:

Consider award of bid for the installation of the 2450 East traffic signal.

 

City Manager Gary Esplin explained only one bid was received; from Progressive Contracting.  The amount for the installation of the 2450 East traffic signal is $199,275.12 and is approximately $50,000 over the engineer’s estimate; however, it will be needed in the area.

 

 

 

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September 7, 2017

Page Six

 

MOTION:      A motion was made by Councilmember Baca to award the bid to Progressive Contracting for the installation of the 2450 East traffic signal in the amount of $199,275.12.

SECOND:        The motion was seconded by Councilmember Randall.

 

A discussion took place regarding the need versus the cost being over the estimate.

 

VOTE:              Mayor Pike called for a 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.

 

AWARD OF BID:

Consider award of bid for the PASS-CR chip seal oil.

 

City Manager Gary Esplin explained this request for the chip seal oil is part of the annual pavement management program.  It is recommended to purchase the chip seal oil from  Asphalt Systems, Inc in the amount up to $49,310 for forty-three (43) tons.

 

MOTION:      A motion was made by Councilmember Arial to approve a contract with Asphalt Systems, Inc for forty-three (43) tons of chip seal oil to in the amount of up to $49,310.

SECOND:        The motion was seconded by Councilmember Hughes.

VOTE:              Mayor Pike called for a 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.

 

AWARD OF BID:

Consider award of bid for the micro surfacing project on Red Hills Parkway.

 

City Manager Gary Esplin presented the request to award the micro surfacing project on Red Hills Parkway to Geneva Rock Products, Inc in the amount of $172,840.  He explained the Bluff Street to Pioneer Hills trailhead will be completed during the night time hours. 

 

MOTION:      A motion was made by Councilmember Hughes to approve the agreement with Geneva Rock Products, Inc in the amount of $172,840.

SECOND:        The motion was seconded by Councilmember Bowcutt.  

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

 

 

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September 7, 2017

Page Seven

 

Councilmember Hughes – aye

Councilmember Randall – 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 2017 slurry seal project.

 

City Manager Gary Esplin stated the request is to award the bid for the 2017 slurry seal project to America Pavement Reservation in the amount of $383,606.  Three bids were received.  The City’s website lists the streets that will be included.

 

MOTION:      A motion was made by Councilmember Hughes to award the bid for the 2017 slurry seal project to America Pavement Reservation in the amount of $383,606.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:              Mayor Pike called for a 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.

 

AWARD OF BID:

Consider award of bid for the HA5 seal coat for various streets, trails, and parking lots within the City.

 

City Manager Gary Esplin explained this item is to seal coat various streets, trails, and parking lots within the City.  This is a sole source purchase from Holbrook Asphalt, Inc in the amount of $565,245.

 

Mayor Pike noted the streets and trails are outlined on the City’s website.

 

MOTION:      A motion was made by Councilmember Randall to approve the contract with Holbrook Asphalt, Inc in the amount of $565,245.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

 

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September 7, 2017

Page Eight

 

AGREEMENT:

Consider approval of an agreement for the design of drainage improvements in the vicinity of 1250 North, 1130 North, 1340 West, and 1400 West.

 

City Manager Gary Esplin presented the agreement for the design of drainage improvements in the vicinity of 1250 North, 1130 North, 1340 West, and 1400 West.  He recommended approving the contract with Bowen and Collins & Associates in the amount of $49,737.

 

MOTION:      A motion was made by Councilmember Baca to approve the agreement for the design of drainage improvements in the vicinity of 1250 North, 1130 North, 1340 West, and 1400 West with Bowen and Collins & Associates in the amount of $49,737.

 SECOND:       The motion was seconded by Councilmember Randall.

VOTE:              Mayor Pike called for a 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.

 

AGREEMENT:

Consider approval of an agreement for the design of the St. George Industrial Park Drainage Phase 3 project.

 

City Manager Gary Esplin explained this contract is for the design of the St. George Industrial Park Drainage Phase 3 project.  It is recommended to hire Project Engineering Consultants in the amount of $49,549.

 

MOTION:      A motion was made by Councilmember Randall to approve the agreement with Project Engineering Consultants in the amount of $49,549 for the design of the St. George Industrial Park Drainage Phase 3 project.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

PUBLIC HEARING:

PUBLIC HEARING REGARDING THE ISSUANCE AND SALE OF NOT MORE THAN $9,600,000 AGGREGATE PRINCIPAL AMOUNT OF EXCISE TAX REVENUE AND REFUNDING BONDS, SERIES 2017, AND ANY POTENTIAL ECONOMIC IMPACT THAT THE PROJECT DESCRIBED HEREIN TO BE FINANCED WITH THE PROCEEDS OF THE SERIES 2017 BONDS ISSUED UNDER THE ACT MAY HAVE ON THE PRIVATE SECTOR, RELATED MATTERS.

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September 7, 2017

Page Nine

 

City Manager Gary Esplin explained when the new airport was built, the City bonded for a portion of the costs with help from Washington County.  There were two series of bonds.  The current rate would allow for the balloon payment to be refunded at a savings and continue to 2034.

 

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

 

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider changing the zone from M-2 (Manufacturing) to M-C (Manufacturing/Commercial) on approximately two (2) acres located at 314 North 3050 East.  VE Management and Investments Co, applicant.

 

Planning and Zoning Manager John Willis presented the request to change the zone from M-2 (Manufacturing) to M-C (Manufacturing/Commercial) on approximately two (2) acres located at 314 North 3050 East.  He presented a PowerPoint presentation covering the following topics: aerial map; aerial view of the property; and zoning map.  There is a list of uses that goes along with the proposed zoning. 

 

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 changing the zone from M-2 (Manufacturing) to M-C (Manufacturing/Commercial) on approximately two (2) acres located at 314 North 3050 East.

SECOND:        The motion was seconded by Councilmember Bowcutt.

 

After being asked by Councilmember Hughes, Mr. Willis spoke about the parking requirements.  It will be addressed when the applicant returns for a business license.

 

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.

 

PUBLIC HEARING/AMEND PD-C ZONE/ORDINANCE:

Public hearing to consider amending the Dinosaur Crossing Planned Commercial Development zone to develop a building on lot 4 at approximately 525 South Mall Drive.  Four Food Group, applicant.

 

Planner Ray Snyder presented the request to amend the Dinosaur Crossing Planned Commercial Development zone to develop a building on lot 4 at

A

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September 7, 2017

Page Ten

 

approximately 525 South Mall Drive.  He presented a PowerPoint presentation covering the following topics: vicinity map; commercial subdivision - reference; conceptual site plan; site plan; landscape plan; elevations; materials and colors; materials board; and photos of 3-D views.  The Planning Commission recommended approval.  He explained where the drive thru will exit - into the existing parking lot.

 

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  amending the Dinosaur Crossing Planned Commercial Development zone to develop a building on lot 4 for Kneaders.

SECOND:        The motion was seconded by Councilmember Arial.

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.

 

PUBLIC HEARING/AMEND PLANNED DEVELOPMENT PLAN/ORDINANCE:

Public hearing to consider 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.  Development Solutions, applicant.

 

Planning & Zoning Manager John Willis presented the request to amend 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.  He presented a PowerPoint presentation covering the following topics: summary of request; aerial map; general plan map; zoning map; original concept plan; current PD development plan; original and currently approved map of the buffer area; proposed development plan; buffer areas example; short term rental proposal; map of existing and proposed short term rentals; photos of sample elevations; photos of sample landscaping and lighting; and photos of sample signage.  After taking public comment and a lengthy discussion, the Planning Commission recommended approval with the following conditions:

 

1.    Must comply with short term rental requirements per City ordinance.

2.    The Ledges PD will be limited to 2,358 units.

3.    Development along the west and furthest north boundary be limited to 1.2 units per acres and no less than 50’ setback to the main dwelling.

4.    100’ setback buffer be provided along JEL Ranch Subdivision and the north boundary of Winchester Hills.

 

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5.    Elevation approvals will be limited to the style provided in the exhibits.  Any buildings or proposed elevations that are not similar to the existing escapes subdivision or clubhouse will require a PD amendment.

6.    Reallocation of units and options for detached and attached units is being considered.

7.    PD-R requires that 30% of the development be open space.  The applicant must satisfy that requirement.

 

Stacy Young, representative for the applicant, explained the application only amends a portion of the Ledges.  It is one master plan, but has two HOA’s and two developers for the project.  In some respect, this amendment is a reversion to the original master plan adopted in 2004, primarily for the lack of feasibility for an 18-hole golf course.  He noted that this proposal is 400 fewer units than originally planned under the original PD and outlined how the units will be redistributed.  There are no proposed changes to the design standard.  He explained the second golf course is not being proposed any longer and noted they will be in excess of the PD requirements for open space.  They are proposing the buffer to create an open space buffer for the neighborhoods.  He explained how the proposed buffer was drafted.  Additionally, they felt it made more sense to provide lot sizes that are compatible with the area.  He has spoken with a number of the Winchester Hills residents to get their input.

 

Mayor Pike opened the public hearing.  He noted that the comments should be regarding this specific request.

 

Attorney Lewis Reece who represents Valderra Development presented a packet to the Council.  He noted this is a very involved project and gave a brief history of the property.  His clients are the only party who have successor and interest rights and assignment as declarant on this project.  He outlined their objections as follows:

 

1.      Changes are being made to the master plan by parties who were not original applicants.

2.      They were not notified when the first amendment was approved; however, they did receive a vague notice for this second proposal.

3.      They would like to enter into a development agreement with these developers.

4.      His clients were not given enough information to make an informed decision. 

 

He noted that just recently, the City began approving applications for development in the area because there hadn’t been power previously.  Other issues that need to be discussed are reuse water on the golf courses.  They are trying to reach an agreement or be a part of the discussions regarding amendments to the master plan his clients were involved in creating.

 

Winchester Hills Resident Greg Mathis stated that he met with Mr. Young regarding the 100’ setback.  He asked what is being proposed in the setback.  The residents of Winchester have concerns about projects not being completed. 

 

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Resident Brian Plumb mentioned a park that is supposed to be built in the area; they keep changing their mind on where the park is going to be.  In the Middleton area, this happened to them also - the park was never built.  He is afraid this will happen in the Ledges area as well.  There needs to be two parks.

 

Mr. Reece mentioned they do not know what development plan states; he would like to see that detail and asked the Council to table the request.

 

Winchester Hills Resident Jonathan Shick mentioned that he and his neighbors are concerned that the proposal will negatively impact their property values, as well as drainage, lights, diminished views, loss of privacy, buffer area being part of the density, density pollution, traffic pollution, short term rentals, and the loss of access.


Resident Val Christensen explained he did not see anything tonight like the notice they received regarding the proposal.  He urged the Council to give the developers additional time to work things out and so they can better understand the impact the proposal may have. 

 

Larry Gardner provided a brief history of the development and the property.  There has been a lot of discussion and he believes misunderstanding with Valderra.  He stated that he understands there can be a number of questions regarding a development such as this and noted that they have been willing to meet with Valderra, but it has not happened.  The developers have met protocol.  The zoning process that is taking place tonight will allow the developers to pick up the pieces and move forward through a legitimate process.  He asked the Council to recognize the difficulties that have gone on and stated Development Solutions Group have been forthright and has tried not to impact anything that was existing or anything Valderra still maintains rights for.  From their perspective, Valderra is still has a stake in the west side of The Ledges of St. George, but they chose not to renew the option on the east side. 

City Attorney Shawn Guzman noted he received the information from Mr. Reece this afternoon; however, Mr. Reece states they have the declarant rights.  Staff does not know what the rights are.  The City does not want to determine who has the rights; the parties are involved in litigation to decide that.  He is concerned with wording and the master plan as well as some of the issues raised.  He recommends allowing staff to look into some of the issues prior to making a recommendation to the Council.

 

Mr. Gardner clarified they have given permission for the other party to make the request through the proper channels with the proper authority.

 

Alan Wright with Valderra Development and the HOA explained they have litigation going on.  Development Group on the east side has brought several developments in and they have not objected; however, this is different as the applicant is wanting to amend the master plan.  The master plan includes land that they own as well as land owned by Mr. Gardner, the Snow family, and Mr. Jennings.  The notice received included a small map and is missing a body of text.  He asked they received the text and noted they would like to participate in the process for the community as a whole.  

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Page Thirteen

 

Mr. Reece explained he is not here to say the lawsuit has to be settled or they cannot develop.  The lawsuit does not involve the joint maintenance areas; however, it would be unfair to burden The Ledges HOA and his client to maintain joint areas they are using without having some input.

 

Steven Jennings stated they are hearing some of these arguments just today.  He stated they will respond to them in the next few days.   They own the property that is being proposed to be amended.

 

Mr. Young commented this application does not disturb their declarant rights or obligations.  Their perception was that as long as they brought forward an application to amend the portion they have development rights over, they were okay.  They are trying to sort out what the contention is.  He suggested tabling the item for two weeks to see if they can hash out the issues.  They would like to flush out the land issues in terms of this application.  He outlined the areas that are proposed to be amended. 

 

Councilmember Bowcutt encouraged Mr. Young to speak with additional Winchester Hills residents regarding the buffer.

 

Mayor Pike closed the public hearing.

 

MOTION:      A motion was made by Councilmember Randall to table the request for two (2) weeks.

SECOND:        The motion was seconded by Councilmember Hughes.

VOTE:              Mayor Pike called for a 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.

 

City Attorney Shawn Guzman noted the public hearing has been closed so it will not be listed as a public hearing on the next agenda.

 

MOTION:      A motion was made by Councilmember Randall to take a recess.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:              Mayor Pike called for a 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.

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September 7, 2017

Page Fourteen

 

PUBLIC HEARING/VACATION OF ROADWAY/ORDINANCE:

Public hearing to consider vacating a portion of Middleton Drive approximately between 2100 East and 2300 East to accommodate future plans for a commercial development.  Briant Buckwalter, applicant.

 

Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of Middleton Drive approximately between 2100 East and 2300 East to accommodate future plans for a commercial development.  He showed and outlined the road vacation/dedication plat after which he requested the approval be subject to the new access being built, constructed and dedicated prior to the proposed roadway vacation.  Staff is requesting that the public utility and drainage easement remain even after the roadway is vacated.  The new road will provide access from Middleton Drive to Red Hills Parkway.  There is no modification to the east end at this time.  He spoke about a road that will provide a new access to the boat storage facility and apartments. 

 

Councilmember Bowcutt commented that he would to see something change as in the area to make it easier to use as part of the abandonment.

 

Representative for the applicant, Shayne Barney, clarified that on the east the interchange will remain the way it is; however they are providing additional entrances from Red Hills Parkway.  Additionally, there will be access from Middleton Drive to their parking lot as well.

 

City Manager Gary Esplin noted the intersection Councilmember Bowcutt referred to is terrible.  The access to the parking lot and people coming to this property if approved should be accessed off Red Hills Parkway.

 

City Attorney Shawn Guzman advised there should be a public roadway off Red Hills Parkway and touch the three parcels.

 

A discussion took place regarding the access.

 

Mayor Pike opened the public hearing.  He reminded the public that the hearing is regarding the road abandonment, not the water park or height; he gave everyone three minutes each.

 

Resident Layne Meyers noted there is a problem exiting Middleton already.  He asked for a traffic signal to be installed. 

 

Resident Dorothy Huntington stated she is impacted by the close of Middleton Drive.  There needs to be sufficient room for drivers to turn around without using their driveway.  She outlined the lengths of some of the roads in the area. 

 

Tova Somerville, owner of Somerville Auto & Marine, noted the intersection at Middleton Drive and Red Hills Parkway is impossible to get a boat and trucks to them; most go down Middleton Drive.  She commented that this vacation will impact their business significantly.  The proposed parking lot for the water park is

the narrowest spot in the area.  She noted their security cameras have caught several accidents in the area.  The parking lot for the proposed parking lot will add

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September 7, 2017

Page Fifteen

 

several hundred cars to the already congested area.  She asked the Council to widen Red Hills Parkway as this is a safety issue.   

 

Public Works Director Cameron Cutler explained the proposal and where the proposed development will be.  In 2014, the traffic on Red Hills Parkway in this section was approximately 10,000 vehicles per day.  There was a left turn lane proposed into their area; it is proposed to be five lanes plus a deceleration lane for this portion.  When they return for the trailer park, they will look at improving the road at that time.  A traffic study has not been required, but they have tracked volumes.  There is a proposal access point near the Huntington and Somerville properties.

 

City Manager Gary Esplin commented if approved as proposed, the right of way from Middleton Drive in front of the properties would not be abandoned.  If the developer agreed with the property owners to build the one road, it would free up the right of way that is not being abandoned in Middleton and then can be abandoned to the property owners.  They are abandoning one access and replacing it with another.  Additionally, staff is presupposing something; if it stays as a roadway, the City cannot say where to put roads until it sees the entire proposal.

 

Mr. Barney explained the idea is to leave the same access and same width.  If they need more width, drivers are going onto their property to turn around.  What they do own, they are widening and putting in two accesses.  They can leave it open so there are additional accesses. 

 

Mr. Cutler noted there will be some tapering with the five lane road.

 

City Manager Gary Esplin explained the Mayor and City Council will have to decide how to improve the intersection.  The problem with this road is that the owner on the south is the freeway, no one owns it.  The City has had to cover the cost to improve the roads such as this in the past. 

 

City Attorney Shawn Guzman asked Ms. Somerville if they own the property in Washington City as well.  He noted this property is in addition to the three mentioned previously.

 

Ms. Somerville stated yes, they own the property.  She explained the Washington City line goes the last 4-5  feet of the shop.  During construction, as they shut down Middleton Drive, her customers will not be able to get vehicles into their business.

 

City Attorney Shawn Guzman advised the City owns the intersection and can require offsite improvements for a project.  He pointed out there are really four properties that touch the roadway.

 

Resident Lamar Langston commented they need to have access off Middleton Drive prior to this being abandoned.  The area traffic is congested constantly. 

Using these accesses will be flooding Middleton Drive.  They will be impacted by this business because the access is off Middleton Drive.

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Page Sixteen

 

Resident Janet Aumann stated she is appreciative that there will be an additional access.  She commented Red Hills Parkway has increased in volume and suggested the new access road be built before they abandon the road as well as a traffic signal be installed.  Additionally, she asked that considerations be made for the Huntington and Somerville businesses.

 

Resident Brian Plumb commented this is a flood street road.  If the road is closed to a two car width there will be flooding.  He does not want people parking in front of his property; he will have the cars towed.

 

Resident Trase Taggart commented that all development is great, but a long term plans have to be stuck to.  He is concerned about the wash in the area; he would like to see more detailed plans.  Currently, 1700 East and 1800 East are being heavily impacted.  He commented that more access and a traffic signal is needed.

 

Resident Tom Thomas commented the area has grown a lot recently and the traffic is terrible.  To close Middleton Drive to benefit a business and hinder residents is the wrong thing to do. 

 

Mayor Pike explained to Mr. Thomas where the road will be widened.  He stated the City cannot force a developer to improve a road where they are not making any changes to the property.  Public Works monitors and does traffic studies periodically; they will do that to determine when roads need to be widened and if a traffic signal is warranted.  

 

City Manager Gary Esplin stated they will not be able to build the road without it meeting safety standards and City requirements.  If an intersection is put in, it will have to meet proper sight distance.  They will have to make it conform to all related safety issues.  Being discussed tonight is whether or not to abandon part of the road and replacing it with the same number of access that are currently there.

 

Resident Ray Osburn noted he believes the development will be good overall.  Because Seven Peaks charges to park, a lot of the people are parking in the neighborhoods; Middleton cannot afford that.  He asked they do not charge for parking.  Regarding the proposal, he asked about the unimproved green space.  He also feels a traffic signal is needed in the area.

 

Resident Lamond Gubler stated the road they are proposing does not look as wide as the existing road.  In 1995 approximately 41 plots in the Middleton area had homes; to date 326 additional homes have been added without additional access.  He does not understand why a developer would buy three parcels that are not big enough to build a project they want to without abandoning the road. 

 

Mayor Pike noted they can probably leave the road in; however, he feels it is safer to not have the road go through.

 

Resident Renda Hunter explained she is impressed with all of the improvements being proposed and believes they will be good for the area.

 

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Page Seventeen

 

Resident Jay Somerville stated a driver cannot make a right hand turn onto Red Hills Parkway from his business with a boat or trailer and it is almost impossible to make a left turn going west.  If these issues are fixed with this abandonment, he is not opposed to the proposed development.

 

Mayor Pike closed the public hearing.

 

Councilmember Randall commented the Council wants to make sure they have access and are safe but cannot do that without abandoning the road. 

 

Councilmember Hughes noted he heard what is already wrong with the intersection and that he sees this as an opportunity to fix the problem in the area.  Regarding traffic, he does not feel it can decrease; however, the city can make plans to accommodate the traffic.  Abandoning this roadway can do that.

 

City Manager Gary Esplin commented when thinking about Red Hills Parkway and the City’s policy of having the developer pay when it can to improve a road, leads to a problem.  When trying to pay for building roads without using tax dollars has left some of the road may go from a four lane road to a two lane road and then back to a four lane road.  He suggested prior to the development, the City explore ways to continue the four lane road all the way past the campground and look at solving the intersection.  The City inherited the road when Middleton was annexed. 

 

MOTION:      A motion was made by Councilmember Baca to approve vacating a portion of Middleton Drive approximately between 2100 East and 2300 East to accommodate future plans for a commercial development and to include the two stipulations on the road adjustments that were discussed and look into the comments made by the City Manager to widen it.

SECOND:        The motion was seconded by Councilmember Arial.

 

City Attorney Shawn Guzman clarified that as the City Manager explained; on the east side, the intersection will be modified to the satisfaction of the City and the roadway on the west side will be constructed also to the standards and satisfaction of the City.

 

City Manager Gary Esplin stated it Middleton is abandoned, it needs to be better than what is there currently.  The intersection of Middleton Drive and Red Hills Parkway needs to be solved, whether the developer pays a portion or if it has to be paid out of capital project funds or road funds.  

 

Mayor Pike clarified that the motion and second should include what was discussed, that the abandonment will not be effective until the new connection is made.  

 

City Attorney Shawn Guzman added that the turn lanes discussed will be a condition of development.

 

Councilmembers Baca and Arial agreed to the include these conditions in the motion and second.

 

 

 

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September 7, 2017

Page Eighteen

 

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.

 

CONDITIONAL USE PERMIT

 

and

 

BUILDING DESIGN CONCEPTUAL SITE PLAN AND PARKING DETERMINATION and PARKING PLAN:

Consider approval of the construction of a tower at a height of approximately 80’ at approximately 2200 East Middleton Drive and Red Hills Parkway.  Red Cliffs Development and Investments LLC, applicant.

 

Planner Ray Snyder presented the request to construct a tower at a height of approximately 80’ at approximately 2200 East Middleton Drive and Red Hills Parkway.  He presented a PowerPoint presentation covering the following topics: aerial map; conceptual layout; aerial maps of other water parks; numbers of parking spaces; Splash City Adventure Water Park layout; road abandonment; conceptual renderings; model of proposed tower; cross sections; renderings of the entertainment facility; perspectives; concept floor plan; parking entry; parking determination; lighting concept plan; preliminary site lighting plan; preliminary landscape plan; and sample materials.  He outlined the actions that need to be made.  The Planning Commission recommended approval of the conditional use permit with findings A-K and with the following conditions:

 

1.      The height of the water slide tower as presented is recommended for approval.

2.      Install only low voltage lighting for safety on the water slide tower.  no “attention getting” lights are to be installed.

3.      Avoid “circus colors” and provide more of a “Caribbean theme” coloring.  Avoid any loud colored stripe combinations.

 

Mayor Pike commented that he would like the applicant to speak about the proposed hours of operation as he believes it would be reasonable to extend them.

 

Mr. Snyder outlined the proposed hours of operation.  The Planning Commission approved the building design conceptual site plan and parking plan with the following conditions:

 

1.      The applicant shall demonstrate that UDOT has abandoned to the satisfaction of the City Attorney’s office for the right of way for Middleton Drive within the project area as shown on the conceptual site plan.

2.      The applicant shall be responsible to install a new roadway to connect the remaining portion of Middleton Drive to Red Hills Parkway. This will be located west of the RV park, adjacent to the wash and will be at approximately 2075 East Street.

3.      Recommend approval of the conceptual building elevations, building heights, colors, and materials as provided for the building design conceptual site plan

4.      Recommend approval of the proposed parking (387 spaces - 40.2 spaces/acre).

5.      the applicant shall provide a photometric plan which includes a maximum of 1 ft. candle at property line, average 3 ft. candles within the project.

 

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September 7, 2017

Page Nineteen

 

6.      With the submittal of a site plan review application, a landscape and irrigation plan will be required.  In addition to meeting the minimum requirements of Title 10, Chapter 25 of City code, the applicant shall provide additional landscaping as a buffer against the residential zones to the west.

7.      Future site plan review applications and plans shall be submitted and approved by staff.

8.      A drainage study and plan will be provided to staff as part of the plan review process.

 

After being asked by Councilmember Bowcutt, he stated the tower is approximately 30’ from the property to the east.  The cabanas on the east side should have a minimum setback which he outlined. 

 

Councilmember Arial commented that she wants this to be successful.  The colors should be bright and fun, not earth colors.  She also believes the park should be open until 11:00 pm. on weekends.   Regarding the lighting, she does not want to intrude on neighbors, but patrons need to be safe. 

 

Applicant Shayne Barney clarified they will not have direct lighting on the tower; only the rope lighting for safety and internal LED lights inside the tubes.  They would like to remain open until 9:00 on weekdays and 11:00 on weekends; they will close on Sunday.  He explained they intend to have a lot of landscaping and that the hill is taller than the proposed tower.  He clarified they will not charge for parking.

 

MOTION:      A motion was made by Councilmember Baca to approve the conditional use permit to construct a tower at a height of approximately 85’ as stipulated.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

A discussion took place regarding the hours, colors, and lighting.

 

AMENDED

MOTION:        Councilmember Baca amended his motion to add the allowed hours of operation to be from 10:30 am to 11:00 pm, using the colors and lighting they requested and submitted with the lighting to be approved by staff.

SECOND:        The amended motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

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September 7, 2017

Page Twenty

 

MOTION:      A motion was made by Councilmember Randall to approve the parking plan as submitted.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

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

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:              Mayor Pike called for a 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.

 

CONDITIONAL USE PERMIT:

Consider approval of a conditional use permit to construct an accessory structure exceeding the height of 15’ at 1572 South View Point Drive.  David Jenson, applicant.

 

City Manager Gary Esplin commented there were no issues with this request at the Planning Commission meeting.

 

MOTION:      A motion was made by Councilmember Arial to approve the conditional use permit to construct an accessory structure exceeding the height of 15’ at 1572 South View Point Drive.

SECOND:        The motion was seconded by Councilmember Randall.

VOTE:              Mayor Pike called for a 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.

 

PRESENTATION OF THE DRAFT IMPACT FACILITIES PLAN:

Presentation of the Draft Impact Fee Facilities Plan by the Washington County Water Conservancy District.

 

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September 7, 2017

Page Twenty-one

 

Ron Thompson with the Washington County Water Conservancy District presented a PowerPoint presentation covering the following topics: 2017 Impact Fee Facilities Plan: Draft Report Review; Impact Fee Facilities Plan (IFFP); level of service; excess capacity; excess treatment facility capacity; demand; existing water supply; planned supply and facilities; planned treatment facilities; planned available water supply; cost of existing facilities with excess capacity; proportionate share of existing facility costs; anticipated proportionate cost of future system improvements; financing sources; calculating the impact fee; impact fee; current impact fee; and district recommendation to board.

 

A discussion took place regarding impact fees and the proposed increase.

 

Mayor Pike noted that in a meeting with some home builders, none of them were opposed to this proposal.

 

Mr. Thompson commented that many of the homes in the City are second homes.    

 

SET PUBLIC HEARINGS:

Assistant Public Works Director Wes Jenkins advised at its meeting held on August 22, 2017, the Planning Commission recommended to set public hearings for September 21, 2017 to consider the following: 1) changing the rezone from RE-37.5 (Residential Estate) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 1.3516 acres located at 1330 West 750 North; 2) changing the rezone from C-3 (General Commercial) to PD-SH (Planned Development 0 Student Housing) on approximately 1.04 acres generally located at 1100 East and Tabernacle Street; and 3) a zoning regulation amendment to amend Title 10, Chapter 7F of City code pertaining to Residential Central City Rezone to amend development standards for minimum lot width, rear yard setbacks, and side yard setbacks.

 

MOTION:      A motion was made by Councilmember Randall to set the public hearings for September 21, 2017.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for BGG LLC Commercial, a 4-lot commercial subdivision located at 1068 East Riverside Drive; zoning is Planned Development Commercial.  He showed and outlined the final plat.

 

MOTION:      A motion was made by Councilmember Hughes to approve the final plat for BGG LLC Commercial.

SECOND:        The motion was seconded by Councilmember Arial.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Bowcutt – aye

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September 7, 2017

Page Twenty-two

 

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 Desert Valley Phase 2, an 18-lot residential subdivision located on Rocky Talus Way in the Desert Canyon Development; zoning is R-1-10.  He showed and outlined the final plat.

 

MOTION:      A motion was made by Councilmember Randall to approve the final plat for Desert Valley Phase 2.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:              Mayor Pike called for a 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.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for Desert Valley Phase 3, an 18-lot residential subdivision located on Rocky Talus Way in the Desert Canyon Development; zoning is R-1-10.  He showed and outlined the final plat.

 

MOTION:      A motion was made by Councilmember Randall to approve the final plat for Desert Valley Phase 3.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:              Mayor Pike called for a 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.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for Hughes Subdivision Phase 2, a 13-lot residential subdivision located on 2160 East Street at approximately 2300 South; zoning is R-1-10.  He showed and outlined the final plat.

 

MOTION:      A motion was made by Councilmember Hughes to approve the final plat for Hughes Subdivision Phase 2.

SECOND:        The motion was seconded by Councilmember Bowcutt.

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

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September 7, 2017

Page Twenty-three

 

Councilmember Hughes – aye

Councilmember Randall – 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 Maple Estates Phase 2, a 21-lot residential subdivision located on Copper Cliff Drive at approximately 3000 East and 3600 South; zoning is R-1-10.  He showed and outlined the final plat and noted a portion of the property, a hillside, is proposed to be dedicated to the City.

 

MOTION:      A motion was made by Councilmember Randall to approve the final plat for Maple Estates Phase 2 and to accept the hillside property donation.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

FINAL PLAT:

Assistant Public Works Director Wes Jenkins presented the final plat for Entrada at Snow Canyon Chaco West Phase 4C, a 7-lot residential subdivision located at the south end of Kiva Trail at approximately 2780 West and 2370 North; zoning is Planned Development Residential.  He showed and outlined the final plat.

 

MOTION:      A motion was made by Councilmember Randall to approve the final plat for Entrada at Snow Canyon Chaco West Phase 4C.

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:              Mayor Pike called for a 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.

 

PRELIMINARY PLAT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Desert View Phase 2, a 9-lot residential subdivision located at approximately Broken Mesa Drive; zoning is Planned Development Residential.  He showed and outlined the preliminary plat.

 

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September 7, 2017

Page Twenty-four

 

MOTION:      A motion was made by Councilmember Baca to approve the preliminary plat for Desert View Phase 2.

SECOND:        The motion was seconded by Councilmember Randall.

VOTE:              Mayor Pike called for a 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.

 

PRELIMINARY PLAT:

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Fieldstone Phases 5 & 6, a 55-lot residential subdivision located at approximately 2240 East 3670 South; zoning is RE-12.5 and RE-20.  He showed and outlined the preliminary plat.  Staff is working with the developer to purchase additional property to get all of the utilities in.

 

MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Fieldstone Phases 5 & 6.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

RESOLUTION:

CONSIDERATION FOR ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. GEORGE, UTAH DELEGATING AUTHORITY TO FINALIZE THE TERMS AND CONDITIONS OF THE ISSUANCE AND SALE BY  THE ISSUER OF ITS EXCISE TAX REVENUE AND REFUNDING BONDS, SERIES 2017, RELATED MATTERS.

 

City Manager Gary Esplin explained that a committee will be formed consisting of the Mayor, City Manager, and Finance Director that will negotiate the interest rates and finalize the issuance of the bonds. 

 

MOTION:      A motion was made by Councilmember Arial to approve the resolution as drafted.

SECOND:        The motion was seconded by Councilmember Hughes.

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

 

 

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September 7, 2017

Page Twenty-five

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Bowcutt – aye

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

DEVELOPMENT AGREEMENT:

Consider approval of a development agreement between The Vintage at Tabernacle, Dixie State University and the City for student housing.  The Vintage at Tabernacle, applicant.

 

City Manager Gary Esplin presented the development agreement between The Vintage at Tabernacle, Dixie State University, and the City for student housing.  He explained the agreement binds the developer and the University allowing them a reduction in the required parking.

 

MOTION:      A motion was made by Councilmember Arial to approve the development agreement between The Vintage at Tabernacle, Dixie State University and the City for less parking.

SECOND:        The motion was seconded by Councilmember Bowcutt.

VOTE:              Mayor Pike called for a 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.

 

DONATION AGREEMENT:

Consider approval of a donation agreement and warranty deed for a small parcel of remnant property adjacent to Mathis Park.  MBA Properties, LLC, applicant.

 

City Manager Gary Esplin explained this donation agreement is for a small parcel of remnant property adjacent to Mathis Park.

 

MOTION:      A motion was made by Councilmember Randall to approve the donation agreement and warranty deed for a small parcel of remnant property adjacent to Mathis Park. 

SECOND:        The motion was seconded by Councilmember Hughes.

VOTE:              Mayor Pike called for a 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.

St. George City Council Minutes

September 7, 2017

Page Twenty-six

 

RENEW TRANSPORTATION NETWORK COMPANY OPERATIONS AGREEMENT:

Consider approval to renew a transportation network company operations agreement with Raiser, LLC operating as Uber.  Peter Sauerwein, applicant.

 

City Manager Gary Esplin stated the agreement allows this company operating as a UBER to pick up passengers at the airport and pay the required fees.

 

MOTION:      A motion was made by Councilmember Randall to approve the renewal of a transportation network company operations agreement with Raiser, LLC operating as Uber.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

COOPERATIVE AGREEMENT:

Consider approval of a cooperative agreement with UDOT for the Ledges Interchange modifications. 

 

City Manager Gary Esplin stated the agreement is with UDOT for modifications to the Ledges Interchange.  He explained that UDOT is going to redesign the roundabout at the Ledges Interchange to accommodate larger trucks. 

 

MOTION:      A motion was made by Councilmember Baca to approve a cooperative agreement with UDOT for the Ledges Interchange modifications.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

REIMBURSEMENT AGREEMENT:

Consider approval of a reimbursement agreement for the City Creek to Ledges right-of-way application.

 

City Manager Gary Esplin stated the agreement is with the BLM for the City Creek to Ledges right-of-way application.  In order to get BLM to process the application for a water line easement from City Creek to the Ledges area through the HC area, the City has to agree to pay the cost of $13,306.02.

 

 

 

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September 7, 2017

Page Twenty-seven

 

MOTION:      A motion was made by Councilmember Hughes to approve the reimbursement agreement with the BLM for the City Creek to Ledges right-of-way application.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

MASTER SERVICE AGREEMENT:

Consider approval of a master service agreement with Zagster for the bikeshare program.

 

City Manager Gary Esplin presented the request to approve a master service agreement with Zagster for the bikeshare program.  Staff will obtain sponsors for the bikes; the City is not committed to pay anything at this time.

 

MOTION:      A motion was made by Councilmember Arial to approve a master service agreement with Zagster for the bikeshare program.

SECOND:        The motion was seconded by Councilmember Bowcutt.

VOTE:              Mayor Pike called for a 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.

 

COMMUNICATION SITE LEASE AGREEMENT:

Consider approval of a communication site lease agreement with Vivint Inc for four (4) existing locations on City property.  Vivint, Inc, applicant.

 

City Manager Gary Esplin explained this agreement is with Vivint Inc for locations on City property.  The cost is $200 per site per month for a total of $9,400 per year; he mentioned the four sites. 

 

MOTION:      A motion was made by Councilmember Randall to approve the communication site lease agreement with Vivint Inc for four (4) existing locations on City property.

SECOND:        The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Bowcutt – aye

St. George City Council Minutes

September 7, 2017

Page Twenty-eight

 

Councilmember Arial – aye

Councilmember Baca – aye

         

The vote was unanimous and the motion carried.

 

TEMPORARY ORDINANCE:

Consider approval of a temporary ordinance for storage rental units in a Planned Development Commercial zone.  City of St. George, applicant.

 

City Attorney Shawn Guzman presented the proposal for a temporary ordinance for storage rental units in a Planned Development Commercial zone.  He noted this was discussed at a previous meeting after which he outlined the proposed temporary ordinance which will be in place for six months. 

 

MOTION:      A motion was made by Councilmember Arial to approve the temporary ordinance for storage rental units in a Planned Development Commercial zone.

SECOND:        The motion was seconded by Councilmember Randall.

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.

 

MINUTES:

Consider approval of the minutes from the meeting held on June 15, 2017.

 

Consider approval of the minutes from the meeting held on July 6, 2017.

 

Consider approval of the minutes from the meeting held on July 20, 2017.

 

MOTION:      A motion was made by Councilmember Randall to approve the minutes from the meetings held on June 15, 2017, July 6, 2017, and July 20, 2017.

SECOND:        The motion was seconded by Councilmember Arial.

VOTE:              Mayor Pike called for a 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.

 

REPORTS FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER:

          No reports were given.

 

 

St. George City Council Minutes

September 7, 2017

Page Twenty-nine

 

ADJOURN TO CLOSED SESSION:

MOTION:      A motion was made by Councilmember Arial to adjourn to a closed session for property items.

SECOND:        The motion was seconded by Councilmember Hughes.

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.

                                               

ADJOURN:

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

SECOND:        The motion was seconded by Councilmember Baca.

VOTE:              Mayor Pike called for a 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.

 

 

 

 

________________________________               

 

Christina Fernandez, City Recorder