City Council Agenda
City Council Meeting Agenda

Thursday, November 7,2019






Public Notice


Public notice is hereby given that the City Council of the City of St. George, Washington County, Utah, will hold a regular meeting in the City Council Chambers, 175 East 200 North, St. George, Utah, on Thursday, November 7, 2019 commencing at 5:00 p.m.


The agenda for the meeting is as follows:


Call to Order                                                                                                 


Flag Salute


1.            Comments from the public.


The Open Comment Period provides an opportunity to address the Mayor and City Council regarding concerns or ideas on any topic.  To be considerate of everyone at this meeting, public comment will be limited to three minutes per person.  Participants are to state their names for the record.  Comments, which cannot be made within these limits, should be submitted in writing to the City Recorder at


The Mayor and City Council encourage civil discourse for everyone who participates in the meeting.


Comments pertaining to an agenda item that includes a public hearing or public input should be given as that item is being discussed during the meeting.


2.            Consent Calendar.


a.    Consider approval to award bid to Superior Asphalt for the Annual Crack Seal Project.


BACKGROUND and RECOMMENDATION:  Crack sealing extends the life of pavements by reducing water erosion and weeds prevention in cracks. Other surface treatments such as slurry seal, HA5, and chip seals are not used until after the street has been crack sealed. Crack sealing is typically completed in the winter months when the cracks open up due to colder weather. To see a map of the streets in this year’s project go to:  This was a formal bid and six (6) bids were received.  Staff recommends awarding the bid to Superior Asphalt in the amount of $350,000.


b.    Consider approval of the State of Utah Department of Public Safety (DPS) Division of Emergency Management (DEM) Articles of Agreement (FY2020).


BACKGROUND and RECOMMENDATION:  This is an annual agreement that the City of St. George enters into with the State of Utah and deals with the State Homeland Security Program (SHSP) for grant funding and equipment received through this grant program.  The City has received approximately $12,000 - $15,000 this year and will receive approximately $20,000 FY 2020. this includes both the fire and police departments participating in this grant program and have done so for the past several years.  Staff recommends approval.


c.    Consider approval of the financial report for September, 2019.


BACKGROUND and RECOMMENDATION: The City has completed three (3) months or 25.00% of the fiscal year.  In relation to that, the General Fund revenues are at 19.29%. Some predominant revenues leading the way are general sales tax, building permits, and Class C Road Allotment.  The General Fund expenditures are at 20.87% of the budget year-to-date.  Departments are doing well to stay within their budgets and spend conservatively.  Staff recommends approval.


d.    Consider approval of a land exchange agreement between the City of St. George and Dixie Technical College for parcels at Tech Ridge.


BACKGROUND and RECOMMENDATION:  Dixie Technical College desires to exchange a 1.24-acre parcel located to the south of the Dixie Tech campus for a 1.24-acre City-owned parcel located to the west of the Dixie Tech campus.  Staff recommends approval.


e.    Consider approval of Settlement Agreement with Circle M, LLC regarding Quiet Title Action for the City to acquire title to Virgin River property.


BACKGROUND and RECOMMENDATION:  The City desires to quiet title to property located in the Virgin River adjoining the Springs Pasture subdivision.  Circle M, LLC, owned by Michael and Michelle Oldroyd, holds title to property adjacent to the property subject to the quiet title action. The Circle M landowners have planted trees along the unowned property and this Settlement Agreement addresses the concessions they need the City to make for them to consent to the quiet title action. Under this agreement the City will be obligated to notify Circle M if it ever intends to remove the specified trees between 1450 S and the Circle M Property and would be required to move the irrigation head gate if the City ever intends to widen the road at that location.  In exchange, Circle M is consenting to the quiet title action in favor of the City. Staff recommends approval.


f.     Consider approval of Settlement Agreement with Ray and Debra Draper regarding a Quiet Title Action and for the City to acquire title to property along the Virgin River.


BACKGROUND and RECOMMENDATION:  Ray & Debra Draper have filed a Quiet Title Action seeking to quiet title to a parcel of property in Washington County. The City claims an interest in the property with regards to an easement that crosses the property and with regard to flood mitigation efforts undertaken by the City in conjunction with the Washington County Flood Authority. Under this Settlement Agreement the City agrees to not contest the Quiet Title Action in exchange for preservation of the easement and the Drapers agree to transfer to the City a portion of the property closest to the Virgin River to protect its flood mitigation efforts.  Staff recommends approval.



g.    Consider approval to extend the 2019 St. George Streetfest sponsorship for ARTS, Inc. by two (2) months beginning November 1, 2019 through December 6, 2019.


BACKGROUND and RECOMMENDATION:  Sponsorship was originally approved by City Council for eight (8) months, Mar-Oct 2019.   St. George Streetfest organizers are requesting that the City extend its sponsorship of the 1st Friday event held downtown through Nov-Dec 2019, at the same level it has sponsored for Mar-Oct 2019.  The sponsorship request includes: 1) Street closure on Tabernacle (Main-100 West); 2) Sponsorship of $1,000 per month; 3) Fee waiver for Special Event & Alcohol permit fees; 4) Support of local law enforcement; 5) Promotion on City's website and digital billboards; and 6) Access to power on Tabernacle for Food Trucks and vendors.  Staff recommends approval.


3.            Public hearing and consideration to vacate a portion of Ridge Top Drive.


BACKGROUND and RECOMMENDATION:  This request is to consider approval of vacating a portion of Ridge Top Drive.  The roadway infrastructure for this portion of roadway has not been built and it only exists on paper.  The roadway is located west and wouth of the Dixie Tech property; zoning is OS.


4.            Public hearing and consideration of an ordinance to vacate a public utilities and drainage easement located at Dixie Technical College.


BACKGROUND and RECOMMENDATION:  This request is in conjunction with the roadway vacation; it is to vacate the entire public utility easement located on the Dixie Tech parcel and then re-dedicate new easements within the new Dixie Tech property as the property lines are changing.  This is located at Dixie Technical College on Tech Ridge Drive.


5.            Public hearing and consideration of an ordinance annexing approximately 212.679 acres located near the Utah/Arizona border, in Washington County.


BACKGROUND and RECOMMENDATION:  The applicants are requesting to annex the property into the City.  The Council passed a resolution accepting the annexation petition on August 15, 2019.  The public hearing and ordinance are the next step in the annexation process.  Public notices have been given and published in accordance with state law.  Staff recommends approval.


6.            Consider an ordinance amending the general plan to add the Moderate Income Housing (MIH) Element.


BACKGROUND and RECOMMENDATION:  The Moderate Income Housing (MIH) Plan will help to define and understand the challenges that come with providing attainable housing in the City of St. George.  The proposed plan outlines the data, goals, and strategies moving forward to address the MIH in the City. The Planning Commission recommends approval.


7.            Consider approval of an amended preliminary plat for a 51-lot residential subdivision called Sentieri Canyon @ Divario.


BACKGROUND and RECOMMENDATION:  This subdivision was approved as a fifty (50) lot residential in May of 2018.  Developer is proposing to add one lot to an area shown as open space on the original approved preliminary plat.  The Planning Commission recommended approval.


8.            Consider approval of a preliminary plat for a 1-lot subdivision for a future Elementary School called Aspen Estates Elementary subdivision.


BACKGROUND and RECOMMENDATION:  The Washington County School District is proposing to construct an elementary school on this site.  The site is located at approximately 3330 East and 2930 South.  The Planning Commission recommended approval.


9.            Consider a request for a hillside development permit to allow development of "Cascata @ Divario" generally located west of the intersection of Sunbrook Drive and Plantations Drive.


BACKGROUND and RECOMMENDATION:  On June 19, 2019, the HSRB (Hillside Review Board) made a site visit to look at three (3) planning areas; PA-12, PA-13, & PA-14 in the proposed Divario residential development (formerly called the 'Lakes').  On this City Council agenda specifically is PA-14 now called "Cascata @ Divario."  This is a request to approve a hillside permit for this area to accompany a PPA (Preliminary Plat Amendment) now ready for review and consideration on this same agenda.  The Planning Commission recommended approval with the condition that a significant rock feature be preserved.


10.        Consider approval of an amended preliminary plat for an 84-lot residential subdivision to be known as Cascata at Divario (PA-14).


BACKGROUND and RECOMMENDATION:  This request is amending the name and layout of the approved preliminary plat originally called Rosalia Ridge.  The Planning Commission recommended approval.


11.        Appointments to Boards and Commissions of the City.


12.        Reports from Mayor, Councilmembers, and City Manager.


13.        Request a closed session to discuss litigation, property acquisition or sale or the character and professional competence or physical or mental health of an individual.


14.        Adjourn.





________________________________              ______________________________

Christina Fernandez, City Recorder                    Date


REASONABLE ACCOMMODATION:  The City of St. George will make efforts to provide reasonable accommodations to disabled members of the public in accessing City programs.  Please contact the City Human Resources Office, 627-4674, at least 24 hours in advance if you have special needs.