City Council Minutes
City Council Meeting Mintues

Thursday, February 6,2020



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

FEBRUARY 6, 2020 5:00 P.M.

CITY COUNCIL CHAMBERS

 

PRESENT:

Mayor Jon Pike

Councilmember Jimmie Hughes

Councilmember Michele Randall

Councilmember Bryan Smethurst

Councilmember Gregg McArthur

Councilmember Dannielle Larkin

City Manager Adam Lenhard

City Attorney Shawn Guzman

City Recorder Christina Fernandez

 

OPENING:

Mayor Pike called the meeting to order and welcomed all in attendance. The invocation was offered by Luigi Persichetti with the Unity Church and the Pledge of Allegiance to the Flag was led by Councilmember McArthur.

 

Mayor Pike mentioned initially, an item regarding a zone amendment in the Sun River area was going to be on the agenda; however, the applicant requested for it to be pulled from tonight’s agenda.  It is possible to be on a future agenda; if so, it would be advertised as required by law and City policy.

 

City Manager Adam Lenhard noted he and staff met with a number of Sun River residents; they suggested utilizing the HOA Board to better communicate with all of the residents.

 

Mayor Pike commented that the Council meets for regular meetings every 1st and 3rd Thursday of the month and for work meetings on the 2nd, 4th, and 5th Thursdays.  All meetings are open to the public.

 

COMMENTS FROM THE PUBLIC:

Mayor Pike explained this portion of the agenda is for members of the public to speak; he outlined the rules for commenting.   

 

No comments were given. 

 

City Manager Adam Lenhard added that staff received calls and emails on another item that was originally going to be on tonight’s agenda – a mining and grazing amendment; it will not be heard. 

 

Community Development Director John Willis explained the applicant withdrew the application which means they will need to submit a new application.

 

Mayor Pike noted the Sun River item is different; it has not been withdrawn, just removed from tonight’s agenda.  

 

City Manager Adam Lenhard advised item 4 has been removed at the request of the applicant.  It will come back at a future meeting.

 

 

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CONSENT CALENDAR:

a.    Consider approval of a reimbursement agreement with the Washington County Flood Control Authority for Ft. Pierce Wash Maintenance Project.

 

b.    Consider approval of the financial report for December 2019.

 

c.    Consider approval of a lease agreement with Lowney Holdings LLC for property located at 320 East 600 South.

 

d.    Consider approval of a lease agreement with JMI for property located at 275 East St. George Boulevard.

 

e.    Consider approval of a Joint Cooperation Statement Regarding Use of Natural Gas and Energy Efficiency.

 

City Manager Adam Lenhard stated these items are administrative in nature and have been reviewed by staff after which he asked the Council if they would like to remove any of the items from the Consent Calendar to discuss, if not he suggested making a single motion to approve all of the items.   

 

MOTION:      A motion was made by Councilmember Randall to approve the consent calendar as presented.

SECOND:      The motion was seconded by Councilmember Hughes.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

SPONSORHSIP OF THE ST. GEORGE STREETFEST:

Consider approval of a request to sponsor the St. George Streetfest for A.R.T.S. Inc. on the 1st Friday of each month from March through December 2020.

 

Special Events Coordinator Emilie Pinkelman presented the request to sponsor the St. George Streetfest.  This event series is held on the 1st Friday of each month, March 20, 2020 through December 4, 2020 on Tabernacle Street between Main Street and 100 West, with a beer garden inside Green Gate Village. The sponsorship request includes: 1) Setup big stage; 2) Fee waivers for: a) Special Event Permit ($150/day), b) Alcohol License ($500/yr), c) Local Consent ($50/day), d) Encroachment ($255/day), e) 4 Police Officers ($55/hr), f) Sub-License Fees ($5 each); 3) No Parking signs on Thursday nights; 4) $2000/day; 5) Extra 50 amp power with spider box; and 6) Two events may also close Main Street between 79 North and Tabernacle.  Staff recommends approval of this sponsorship request, with the condition that vendors use their own generators in lieu of the City supplying additional power.

 

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Ed Tracey with A.R.T.S Inc explained he took over the Streetfest last year.  The changes have been successful and the event has grown.  He noted that he is not paid to put on the event.  Greater Zion has committed to contribute funds as well – they would like to bring in the bigger stage to attract more artists. 

 

Councilmember Hughes thanked Mr. Tracey for continuing the event.  He asked for clarification on what is being changed from previous events. 

 

Ms. Pinkelman and Mr. Tracey outlined the additional requests as follows: 1) Setup big stage; 2) Fee waivers for: a) Special Event Permit ($150/day), b) Alcohol License ($500/yr), c) Local Consent ($50/day), d) Encroachment ($255/day), e) 4 Police Officers ($55/hr), f) Sub-License Fees ($5 each); 3) No Parking signs on Thursday nights; 4) $2000/day; 5) Extra 50 amp power with spider box; and 6) Two events may also close Main Street between 79 North and Tabernacle. 

 

Chief Farnsworth stated they have had issues with large crowds in the past. 

 

Councilmember McArthur noted he has attended for years; he inquired how much the City wants to sponsor this event. 

 

Mr. Tracey outlined what the City sponsored last year.  He hopes to be self-sufficient and no longer request financial sponsorship next year.  

 

Councilmember Randall noted she believes the event is better managed that it was previously.  She was willing to give her support this year and hope they will be self-sufficient soon.

 

MOTION:      A motion was made by Councilmember Randall to approve the sponsorship of the St. George Streetfest.

SECOND:      The motion was seconded by Councilmember Larkin.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

AMEND PD-C ZONE/ORDINANCE:

Consider approval of an ordinance amending the PD-C zone located at 120 West 1470 South by adding adolescent stabilization facility to the approved use list for this site.

 

Community Development Director John Willis presented the zone change amendment (ZCA) request to add adolescent stabilization facility to the previously approved use list at 120 West 1470 South. He provided a PowerPoint presentation covering the following

 

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topics: maps of the area; and use list.  The Planning Commission recommended approval with conditions.

 

After being asked by Councilmember Larkin, applicant Stewart Squires explained they are looking to negotiate with Medicaid. Their plan is to stabilize the individual and work with families.  

 

MOTION:      A motion was made by Councilmember Hughes to approve the ordinance amending the PD-C zone located at 120 West 1470 South by adding adolescent stabilization facility.

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 Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

AMEND GENERAL PLAN/ORDINANCE:

Consider approval of an ordinance amending the general plan from LDR (Low Density Residential) to PO (Professional Office) on approximately 3.0 acres located at 2046 North Tuweap Drive.

 

Community Development Director John Willis presented the request to amend the general plan from LDR to PO on approximately 3.0 acres located at 2046 North Tuweap Drive.  He provided a PowerPoint presentation covering the following topics: maps of the area.  He explained this is an existing facility which has operated for many years within a surrounding residential community.  The facility was originally built as a hospice center; however, the most recent use was as an assisted living facility.  The CUP expired after more than a year of non-operation and the zoning ordinance no longer allows a CUP to be requested.  He explained the difference Professional Office and Planned Development Administrative Professional zoning.  

 

Mayor Pike noted if approved, he feels the Council should request it be a Planned Development zone so they can review it closely. 

 

Mr. Willis continued with his PowerPoint presentation covering the following topics: general plan map; zoning map; photos of the site.  The Planning Commission recommended approval.

 

Applicant Rob Christie explained their intention is to use the facility exactly as it was before. 

 

City Attorney Shawn Guzman advised if the goal is to continue the use as it has been previously, it can be rezoned as Planned Development, with just the one use.  That way

 

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the Council the control over any additional uses.  He noted that the area is mainly residential.  He advised including language in the motion to direct staff and request it be Planned Development. 

 

Mayor Pike noted this is not a public hearing; however, if any residents would like to speak, he invited them to.  He and the Council received letters and emails regarding this item.

 

Resident Cindy Gilmore thanked the Mayor and Council for their research and for listening to the neighbors. 

 

Resident Sharon Turley thanked the Council for their consideration as there were a number of concerns form the neighborhood. 

 

MOTION:      A motion was made by Councilmember Hughes to approve the ordinance amending the general plan from LDR to PO on approximately 3.0 acres located at 2046 North Tuweap Drive with the condition that any underlying zoning that comes in will be a Planned Development 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 Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

AMEND GENERAL PLAN/ORDINANCE:

Consider approval of an ordinance amending the general plan from MDR (Medium Density Residential) to COM (Commercial) on approximately 6.72 acres generally located west of River Road near the intersection of 2800 South Street and River Road.

 

Community Development Director John Willis noted the applicant has requested to table the item.

 

MOTION:      A motion was made by Councilmember Randall to table the item until May 7, 2020.

SECOND:      The motion was seconded by Councilmember Hughes.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

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The vote was unanimous and the motion carried.

 

AMEND GENERAL PLAN/ORDINANCE:

Consider an ordinance changing the general plan from COM (Commercial) and LDR (Low Density Residential) land use designations to MDR (Medium Density Residential) and move a portion of the currently designated MDR (Medium Density Residential) to COM (Commercial); property is generally located south of Canyon View Drive and southwest of Dixie Drive.

 

Planner Dan Boles presented the request to amend the general plan from COM and LDR land use designations to MDR and to move a portion of the currently designated MDR to COM.  He provided a PowerPoint presentation covering the following topics: vicinity map; zoning map; general plan maps; general plan exhibit; and photos of the property.  The Planning Commission recommended approval.

 

MOTION:      A motion was made by Councilmember McArthur to approve the ordinance changing the general plan from COM and LDR land use designations to MDR and to move a portion of the currently designated MDR to COM as stated.

SECOND:      The motion was seconded by Councilmember Larkin.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

ZONE CHANGE AMENDMENT/ORDINANCE:

Consider an ordinance for a zone change amendment to the Desert Color PD-R (Planned Development Residential) to develop phase 4 of Auburn Hills in the Desert Color development.

 

Planner Dan Boles presented the request to amend the Desert Color PD-R to develop phase 4 of the Auburn Hills in the Desert Color development.  He provided a PowerPoint presentation covering the following topics: map of the area; plan; zoning map; site plan; elevations; and materials board.  The Planning Commission recommended approval.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance amending the Desert Color PD-R to develop phase 4 of the Auburn Hills in the Desert Color development.

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 Smethurst – aye

 

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Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

HILLSIDE DEVELOPMENT PERMIT:

Consider a request for a hillside development permit to allow a revision of a previously approved hillside permit; this revision is to allow a storm water line and a water line to travel from the top of Tech Ridge mesa down (in a previously disturbed path - scar) to  intercept Cloud Drive and continue down to Black Ridge Cove (subdivision) and to terminate in the vicinity of Indian Hills Drive.

 

Assistant Public Works Director Wes Jenkins presented the request for a hillside development permit to allow a revision of a previously approved hillside permit; this revision is to allow a storm water line and a water line to travel from the top of Tech Ridge mesa down (in a previously disturbed path - scar) to intercept Cloud Drive and continue down to Black Ridge Cove (subdivision) and to terminate in the vicinity of Indian Hills Drive.  He showed and outlined the vicinity map.  He then showed a slope analysis map; aerial drawing; and photos of the area.

 

Craig Coates spoke about the proposed trail in the area. 

 

Mayor Pike stated he believes this is part of the agreement; this is City money, coming out of the purchase price of Tech Ridge.    

 

Further discussion took place regarding the trail.

 

MOTION:      A motion was made by Councilmember Larkin to approve the hillside development permit to allow a revision of a previously approved hillside permit; this revision is to allow a storm water line and a water line to travel from the top of Tech Ridge mesa down to  intercept Cloud Drive and continue down to Black Ridge Cove and to terminate in the vicinity of Indian Hills Drive and require that the trail over the top to be paved and signed.

SECOND:      The motion was seconded by Councilmember Smethurst.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

PRELIINARY PLAT:

Consider approval of a preliminary plat for Auburn Hills Phase 4, a 59-lot residential subdivision located in the Desert Color development.

 

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Assistant Public Works Director Wes Jenkins presented the preliminary plat for Auburn Hills Phase 4, a 59-lot residential subdivision located in the Desert Color development.  He showed and outlined the preliminary plat. 

 

MOTION:      A motion was made by Councilmember Randall to approve the preliminary plat for Auburn Hills Phase 4.

SECOND:      The motion was seconded by Councilmember Larkin.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

PRELIMINARY PLAT:

Consider approval of a preliminary plat for Blue Heron Estates, a 22-lot residential subdivision located at approximately 1965 South 3000 East.

 

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Blue Heron Estates, a 22-lot residential subdivision located at approximately 1965 South between 3000 East and 3210 East.  He showed and outlined the preliminary plat. 

 

A discussion took place regarding sidewalks as well as curb and gutter in this area.

 

MOTION:      A motion was made by Councilmember Smethurst to approve the preliminary plat for Blue Heron Estates.

SECOND:      The motion was seconded by Councilmember McArthur.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

Councilmember Randall stepped out.

 

ORDINANCE REGULATING THE DESIGN, LOCATION AND CONSTRUCTION OF SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS OF WAY:

Consider for approval an ordinance regulating the design, location and construction of small wireless facilities in public-rights-of-way.

 

City Attorney Shawn Guzman explained a previous legislative session mandated that local entities have ordinances such as this one.  This ordinance is to regulate the use of public

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rights-of-way by wireless communication providers related to small wireless communication facilities to the extent allowed by law to promote and protect public health, safety and welfare.  He pointed out the ordinance incudes a fee schedule outlined the proposed fees.

 

Councilmember Randall returned.

 

MOTION:      A motion was made by Councilmember McArthur to approve the ordinance regulating the design, location and construction of small wireless facilities in public-rights-of-way including the fee schedule.

SECOND:      The motion was seconded by Councilmember Smethurst.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

AMEND TITLE 4, CHAPTER 10 OF CITY CODE/ORINANCE:

Consider approval of an ordinance adopting Title 4, Chapter 10 of City Code Health, Safety and Property Maintenance.

 

Community Development Director John Willis noted this item was previously discussed at a work meeting.  Provisions in this ordinance were previously in Title 10 and are being relocated to Title 4, Chapter 10.  He highlighted the proposed changes.

 

MOTION:      A motion was made by Councilmember Smethurst to approve the ordinance adopting Title 4, Chapter 10 of City Code Health, Safety and Property Maintenance.

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 Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

ORDINANCE AMENDING AND ENACTING TITLE 7, CHAPTER 6 OF CITY CODE:

Consider approval of an ordinance amending and enacting Title 7, Chapter 6, Airport, of City Code bringing it current with state and federal law and to repeal the advisory board provisions.

 

 

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Public Works Director Cameron Cutler explained these changes are to remove some outdated requirements and bring the ordinance into compliance with the current law as well as with current practices.  He highlighted the propose changed.  

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance amending and enacting Title 7, Chapter 6, Airport, of City Code bringing it current with state and federal law and to repeal the advisory board provisions.

SECOND:      The motion was seconded by Councilmember McArthur.

 

Mayor Pike noted the purpose of the Advisory Board has been accomplished; it is no longer necessary.

 

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

 

ORDINANCE AMENDING FEES FOR CAT ADOPTIONS AT THE ST. GEORGE ANIMAL SHELTER:

Consider approval of an ordinance increasing the fees for cat adoption at the St. George Animal Shelter.

 

City Manager City Lenhard explained the shelter staff now includes a micro-chip for cats that are adopted and is seeking to increase the adoption fees to cover the costs associated with that service.  Currently the fees are $40.00 per cat, which does not cover the cost for the micro-chip.  This will assist in identifying a stray animal's owner.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance increasing the fees for cat adoptions at the St. George Animal Shelter.

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 Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

 

 

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APPOINT REPRESENTATIVES TO THE ADMINISTRATIVE CONTROL BOARD OF WASHINGTON COUNTY SPECIAL SERVICE DISTRICT NO. 1/RESOLUTION:

Consider approval of a resolution appointing representatives to serve on the Administrative Control Board of Washington County Special Service District No. 1.

 

Mayor Pike explained he and the Council Members sit on the Administrative Control Board of Washington County Special Service District No. 1.  A resolution is needed to remove Council Members Bowcutt, Arial and Baca and to appoint Council Members Smethurst, McArthur and Larkin to the Board. 

 

MOTION:      A motion was made by Councilmember Randall to approve a resolution appointing representatives to serve on the Administrative Control Board of Washington County Special Service District No. 1.

SECOND:      The motion was seconded by Councilmember Larkin.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

PURCHASE AND SALE AGREEMENT:

Consider approval of purchase and sale agreement with The Church of Jesus Christ of Latter-Day Saints for the sale of City owned property located at 400 South Street.

 

City Attorney Shawn Guzman stated the agreement is for the sale is for 1.091-acre portion of property located at 400 South street, between 200 East Street and 300 East Street, St. George. Purchase price is $312,500.00. 

 

MOTION:      A motion was made by Councilmember Randall to approve the purchase and sale agreement with The Church of Jesus Christ of Latter-Day Saints for the sale of City owned property located at 400 South Street.

 

SECOND:      The motion was seconded by Councilmember Smethurst.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

 

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Mayor Pike mentioned the Council assignments will be updated as follows:  Councilmember Smethurst will serve on the Flood Control Advisory Board; Councilmember Larkin will serve as the Council liaison on the Youth City Council; and Councilmember McArthur will serve on the HCAC Board (Tortoise Habitat Board). 

 

REPORTS FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER:

Councilmember Randall mentioned the chairs for the St. George Musical Theater; they need new chairs. 

 

ADJOURN:

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

SECOND:      The motion was seconded by Councilmember Hughes.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

 

 

 

________________________________             

Christina Fernandez, City Recorder