City Council Minutes
City Council Meeting Minutes

Friday, December 6,2019



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

DECEMBER 5, 2019, 5:00 P.M.

CITY COUNCIL CHAMBERS

 

PRESENT:

Mayor Jon Pike

Councilmember Jimmie Hughes

Councilmember Michele Randall

Councilmember Bette Arial

Councilmember Ed Baca

Councilmember Bryan Smethurst

City Manager Adam Lenhard

Assistant City Attorney Victoria Hales

City Recorder Christina Fernandez

 

OPENING:

Mayor Pike called the meeting to order and welcomed all in attendance. The invocation was offered by Cheri Atkin and the Pledge of Allegiance to the Flag was led by Scout Kai Klomp.

 

Councilmember Randall read a proclamation proclaiming December 14, 2019 as Wreaths Across America Day.

 

COMMENTS FROM THE PUBLIC:

No comments were given.

 

CONSENT CALENDAR:

a.    Consider approval of a development agreement with Joule Plaza for phasing of their mixed-use project located along Tabernacle Street, between 200 West and 300 West.

 

b.    Consider approval of an agreement with the Washington County Historical Society for the temporary and non-exclusive use of the Pioneer Courthouse.

 

c.    Consider approval of Memorandum of Understanding with Washington County to allow the St. George Bicycle Collective to possess and occupy the MPO Building located at 39 South Bluff Street.

 

d.    Consider approval of the financial report for October, 2019.

 

MOTION:      A motion was made by Councilmember Arial to approve the consent calendar.

SECOND:      The motion was seconded by Councilmember Randall.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

St. George City Council Minutes

December 5, 2019

Page Two

 

The vote was unanimous and the motion carried.

 

ORDINANCE AMENDING TITLE 2, CHAPTER 1 OF CITY CODE:

Consider approval of an ordinance amending Title 2, Chapter 1: Planning Commission.

 

Assistant City Attorney Victoria Hales explained this ordinance clears up the staggering of Planning Commission members and to shorten terms from 4-year terms to 2-year terms.  The Council will appoint the members by resolution which will also outline the terms of each member.

 

Mayor Pike stated that one of the Planning Commission members was recently elected to the City Council, leaving a vacancy.  Additionally, there are members whose terms have or will soon expire – Don Buehner and Summer Barry.  He explained each seat is named A-G; he noted Ray Draper, who was recently appointed to the Planning Commission, will be in seat C to replace Dannielle Larkin for a 1-year term, expiring 12/2020.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance amending Title 2, Chapter 1 of City code.

SECOND:      The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

APPOINTMENTS:

Mayor Pike recommended appointing or reappointing, by resolution, the following:

 

Ray Draper to Seat C, replacing Dannielle Larkin, for a 1-yr term ending 12/2020

Emily Andrus to Seat B, replacing Don Buehner, for a 2-yr term ending 12/2021

Natalie Larsen to Seat E, replacing Todd Staheli for a 2-yr term ending 12/2021

Nathan Fisher reappointed to Seat F, for a 2-yr term ending 12/2021

Vardell Curtis to Seat G, replacing Summer Barry for a 2-year ending 12/2021

David Brager reappointed to Seat A for a 1-yr term ending 12/2020

Roger Nelson reappointed to Seat D for a 1-yr term ending 12/2020

 

MOTION:      A motion was made by Councilmember Hughes to approve the resolution appointing the Planning Commission members as outlined.

SECOND:      The motion was seconded by Councilmember Randall.

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

 

 

St. George City Council Minutes

December 5, 2019

Page Three

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/AMENDED APPLICATION FOR CIB FUNDING:

Public hearing to consider the City's amended application for funding from the Utah Permanent Community Impact Fund Board (CIB) for the St. George Campus Expansion Project.  The amended application is to increase the bond from $12.6 million to $15 million.

 

Support Services Director Marc Mortensen commented City staff have outgrown the City Hall and Police Department buildings.  This public hearing is required by the CIB for the City's amended application to increase the bond to $15 million. The increased

project cost is due to changes in the plan design and value-engineering which improve the project in both additional square footage and future capacity.  He outlined the phases of the overall project.  The bond will fund the City Hall Expansion (Phase 2) and Police Building Expansion (Phase 3) phases of the overall project.  

He explained the City plans to finance the City Hall and Police Building expansion phases for approximately $15M.  Staff evaluated funding options (Sales Tax Revenue Bonds, Franchise Tax Revenue Bonds, G.O. Bond, etc.) and decided to pursue a Community Impact Board (CIB) Loan through the State of Utah Department of Workforce Services.  The Permanent Community Impact Funding Board offers grants and low-interest loans specifically for these types of projects.  Grants do not need to be repaid; however, loans require repayment.  Although the CIB Board may offer a grant, due to the size of our request, a grant is not possible.  The CIB board has certain dates that applications can be submitted and reviewed and therefore we have begun the process to secure a CIB loan for $15,000,000 at an interest rate of 2.5% over 20 years which will be facilitated through the City’s Municipal Building Authority (MBA).  A CIB bond will be issued to the Municipal Building Authority as the OFFICIAL applicant, and this will be treated as a Lease Revenue Bond that the City (and thus its residents) will make an annual lease payment to the MBA until the Bond is paid off.  The bond can also be paid off early with no penalty.  The proposed funding will not increase taxes; it will be paid through a variety of funding sources internally.  During construction, the building will be vacated.  Public meetings for the City Council will be held at the Washington County Administration Building. 

 

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

 

MOTION:      A motion was made by Councilmember Hughes to authorize staff to move forward with the amended application for funding from the Utah Permanent Community Impact Fund Board (CIB) for the St. George Campus Expansion Project.  The amended application is to increase the bond from $12.6 million to $15 million.

St. George City Council Minutes

December 5, 2019

Page Four

 

SECOND:      The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/VACATE POWER LINE EASEMENT AND PUBLIC UTILITIES EASEMENT/ORDINANCE:

Public hearing and consideration of an ordinance to vacate a power line easement and a public utilities easement located at Cottonwood Springs Road and Red Hills Parkway.

 

Assistant Public Works Director Wes Jenkins presented the request to vacate a power line easement (Doc. #00833168) and a public utilities and drainage easement (Doc. #00808059) as part of the approval of the Gateway Commons Commercial Subdivision Plat located at Cottonwood Springs Road and Red Hills Parkway; zoning is PD-C.  He explained the exhibit for the replacement easement in the packet needs to be amended to include an existing power line to the north.  

 

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 power line easement and a public utilities easement located at Cottonwood Springs Road and Red Hills Parkway.

SECOND:      The motion was seconded by Councilmember Arial.

 

Assistant City Attorney Victoria Hales commented that staff will not record the easement vacation until the exhibit has been amended to include the power line.

 

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/VACATE A PORTION OF 400 SOUTH STREET/ORDINANCE:

Public hearing and consideration of an ordinance to vacate a portion of 400 South Street (between 200 East and 300 East Streets).

St. George City Council Minutes

December 5, 2019

Page Five

 

Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of 400 South Street located between 200 East and 300 East Streets; zoning is RCC.  The City will maintain an easement over the area until it is determined what utilities will need to remain.

 

Mayor Pike noted this is between the Temple and the parking lot.   This request would be to request to vacate a portion of 400 South, subject to a purchase and sale agreement.  The City has an received an offer from the Church of Jesus Christ of Latter-Day Saints to purchase the road if it vacated.    

 

Councilmember Arial stepped out.

 

Mayor Pike opened the public hearing. 

 

Resident Bonnie Dean thanked the Council for their consideration.  She asked for a crosswalk on 200 East at 400 South. 

 

Mayor Pike closed the public hearing.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance vacating a portion of 400 South Street between 200 East and 300 East, subject to a purchase and sale agreement.

SECOND:      The motion was seconded by Councilmember Smethurst.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

Councilmember Arial returned.

 

AMEND PD-C ZONE/ORDINANCE:

Consider approval of an ordinance amending the PD-C (Planned development Commercial) zone to allow development of Dutch Brothers drive thru coffee on Lot 9 of the Boulder Creek Crossing commercial subdivision on approximately 0.86 acres generally located west of River Road and northwest of 1450 South Street.

 

Planner Ray Snyder to approve the conceptual site plan, access, building design, colors and materials, and conceptual landscaping for a proposed drive-thru coffee shop.  The building would be single story at approximately 25 ft. 6 in. high.  He provided a PowerPoint presentation covering the following topics: plat map; aerial map; photos of the area; general plan map; zoning map; site plan; elevations; and materials board.  The Planning Commission recommended approval with comments and conditions.

St. George City Council Minutes

December 5, 2019

Page Six

 

Resident Myron Lee inquired about the property line.  He asked if this will create a conflict with widening River Road. 

 

Assistant Public Works Director Wes Jenkins explained he spoke with Jay Sandberg; he will follow up to see if additional right of way is needed. 

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance amending the PD-C zone to allow development of Dutch Brothers drive thru coffee on Lot 9 of the Boulder Creek Crossing.

SECOND:      The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

AMEND PD-C ZONE/ORDINANCE:

Consider approval of an ordinance amending the PD-C (Planned Development Commercial) zone to develop a professional office building on Lot 4 of the BGG commercial subdivision on approximately 0.65 acres generally located at the southwest corner of the intersection of Riverside Drive and River Road.

 

Planner Ray Snyder presented the request to approve the conceptual site plan, access, building design, colors and materials, and conceptional landscaping for a proposed 2-story professional office building approximately 30 ft. in height.  The property is adjacent to a recently approved dance studio in the same commercial subdivision.  He provided a PowerPoint presentation covering the following topics: aerial map; site plan; site layout plan; landscape plan; elevations; and materials board.  The Planning Commission recommended approval with comments and conditions.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance amending the PD-C (Planned Development Commercial) zone to develop a professional office building on Lot 4 of the BGG commercial subdivision on approximately 0.65 acres generally located at the southwest corner of the intersection of Riverside Drive and River Road.

SECOND:      The motion was seconded by Councilmember Arial.

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

 

 

 

 

St. George City Council Minutes

December 5, 2019

Page Seven

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

AMEND PD-C ZONE/ORDINANCE:

Consider approval of an ordinance amending the PD-C (Planned Development Commercial) zone to allow the reduction in the size of the previously approved Desert Canyons RV Resort clubhouse and a reduction in the number of pickleball courts which the City Council approved in 2011; the property is located at approximately 3692 East Cottonwood Crossing.

 

Planner Ray Snyder presented the request to amend the PD-C zone for Desert Canyons RV Resort clubhouse.  He explained the original RV Resort was approved by the Council on 8/4/2011 with conditions and comments. The clubhouse was originally proposed to be 7,000 sq. ft. and is now requested to change to 1,958 sq. ft.   Additionally, the number of pickleball courts is reduced down to two (2).  He provided a PowerPoint presentation covering the following topics: aerial map; general plan map; zoning map; previously approved amenities; rendering; landscape plan; proposed amenities; materials board; elevation; site plan; floor plan.  The Planning Commission recommended approval with comments and conditions.

 

Mayor Pike noted the approval would not give the developer an automatic ability to expand the number of parking spaces; it is simply reducing the size of the clubhouse and the amount of pickleball courts.  

 

Mr. Snyder noted they proposed architectural changes as well. 

 

After being asked by Councilmember Baca, Assistant City Attorney Victoria Hales explained the Planning Commissioner who voted against this request were concerned with the reduction being excessive; they would have preferred the clubhouse be bigger than 1900 sq. ft.

 

Mayor Pike explained any future changes would require the applicant to return for approval.

 

MOTION:      A motion was made by Councilmember Hughes to approve the ordinance amending the PD-C zone to allow the reduction in the size of the previously approved Desert Canyons RV Resort clubhouse and a reduction in the number of pickleball courts with the architectural design changes as presented.

SECOND:      The motion was seconded by Councilmember Smethurst.

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

 

 

St. George City Council Minutes

December 5, 2019

Page Eight

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

ZONE CHANGE/ORDINANCE:

Consider approval of an ordinance changing the zone from R-1-10 and A-20 (Residential Single Family and Agricultural respectively) to RE-20 (Single Family Residential, 2.0 dwelling units per acre); located at approximately 1050 South 2580 East.

 

Planner Dan Boles presented the request to change the zone from R-1-10 (Residential Single Family, minimum lot size 10,000 sq ft) and A-20 (Agricultural, 20 acre minimum) to RE-20 (Residential Estate, 20,000 Square foot minimum lot size) for the purpose of incorporating the parcels into the future phases of Reserve at River Hollow, a development to the south of the subject property. The parcels are not currently part of a platted subdivision.  He provided a PowerPoint presentation covering the following topics: vicinity map; zoning map; general plan map; zone change boundary; and photo of the area.  The Planning Commission recommended approval.

 

Rob Reid, representative for the applicant, explained this request stems from a property swap.

 

MOTION:      A motion was made by Councilmember Hughes to approve the ordinance changing the zone from R-1-10 and A-20 to RE-20 located at approximately 1050 South 2580 East.

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 Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

ZONE CHANGE/ORDINANCE:

Consider an ordinance changing the zone from M&G (Mining and Grazing) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 2.0 acres and to OS (Open Space) on 23.21 acres for Tonaquint Cove Phase 2B; generally located at approximately 2150 South Rock Park Drive.

 

 

St. George City Council Minutes

December 5, 2019

Page Nine

 

Community Development Director John Willis presented the request to rezone two parcels from M&G to R-1-10 and OS. The parcels are not currently part of a platted subdivision, but the proposed R-1-10 parcel is expected to return as a proposed plat for approximately five (5) lots.  He provided a PowerPoint presentation covering the following topics: aerial map; and general plan map.  After being asked by City Manager Adam Lenhard he explained the designation for park matched up with the parcel lines.  This parcel was specifically identified as a park.  He continued with the PowerPoint presentation covering the following topics:  zoning map; and applicant’s exhibit after which he showed the master planned road near the property. 

 

Councilmember Smethurst commented that if he was a property owner near this parcel, he would not be too happy with this request.

 

Mr. Willis noted these concerns were brought up during the public hearing at the Planning Commission meeting.  Staff recommended approval; however, after the Planning Commission meeting, they are a bit hesitant.

 

Applicant Logan Blake explained they went through a process of a GPA several years ago.  Because the road had to be shifted, it left the parcel not as desirable as the rest of it.  They would like to use this property to build homes as are planned on the other side of the road.  They are trying to have development help pay for the road; as opposed to it being City-funded if they donated it to the City.  Also, they are coming in with good faith bringing in the open space.

 

Mayor Pike commented he feels the property should remain as it was planned.  

 

Residents Sara and Alan Unrein explained these lots are right in their backyard; they would like it to remain open space.  Neighbors they have spoken with feel the same.  Mr. Unrein noted he is concerned with water runoff in the area when it rains. 

 

MOTION:      A motion was made by Councilmember Smethurst to deny request to change the zone from Mining & Grazing to R-1-10.

SECOND:      The motion was seconded by Councilmember Baca.

 

Assistant City Attorney Victoria Hales asked for clarification on the motion.  She asked if Councilmember Smethurst was denying the entire request or just the change from Mining & Grazing to R-1-10.

 

AMENDED

MOTION:      Councilmember Smethurst amended his motion to deny the request to change the zone from Mining & Grazing to R-1-10 on 2.0 acres and to approve changing the zone from Mining & Grazing to Open Space on the entire 25.21 acres for Tonaquint Cove Phase 2B generally located at approximately 2150 South Rock Park Drive.

SECOND:      The amended motion was seconded by Councilmember Baca.

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

 

 

St. George City Council Minutes

December 5, 2019

Page Ten

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

PRELIMINARY PLAT:

Request approval of a preliminary plat for a 2-lot commercial subdivision called Red Cliffs Square Subdivision.

 

Assistant Public Works Director Wes Jenkins presented the preliminary plat is for Red Cliffs Square Subdivision, a 2-lot commercial subdivision located at the southwesterly intersection of 2720 East and Red Cliffs Drive; zoning is C-3.  He showed and outlined the preliminary plat and noted a condition of the plat would be that additional easements are required for utility lines that were not accounted for with the original easements.

 

MOTION:      A motion was made by Councilmember Randall to approve the preliminary plat for Red Cliffs Square Subdivision.

SECOND:      The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

REPORTS FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER:

No reports were given.

 

ADJOURN TO THE MUNICIPAL BUILDING AUTHORITY MEETING:

MOTION:      A motion was made by Councilmember Randall to adjourn from the City Council meeting and move into the Municipal Building Authority meeting.

SECOND:      The motion was seconded by Councilmember Baca.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Arial – aye

Councilmember Baca – aye

Councilmember Smethurst – aye

 

St. George City Council Minutes

December 5, 2019

Page Eleven

 

The vote was unanimous and the motion carried.

 

 

 

 

________________________________             

Christina Fernandez, City Recorder