City Council Meeting Minutes

Thursday, March 26,2020
Minutes



ST. GEORGE CITY COUNCIL MINUTES

ELECTRONIC REGULAR MEETING

MARCH 26, 2020 5:00 P.M.

CITY COUNCIL CHAMBERS

 

PRESENT VIA ZOOM:

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. Mayor Pike noted this is the first electronic meeting and explained that the City Hall in an anchor location. The invocation was offered by Tim Martin with the St. George Interfaith Council and the Pledge of Allegiance to the Flag was led by Mayor Pike.  He outlined the instructions for participation in tonight’s meeting. 

 

ORDINANCE REGARDING PREVISIONS FOR ELECTRONIC OPEN AND PUBLIC MEETINGS:

Consider approval of an ordinance amending City code to clarify provisions regarding electronic open and public meetings of City Council, and to adopt provisions for similar meetings before the Planning Commission.  (City Ords. 1-6-2 and 2-1-1).

 

City Attorney Shawn Guzman explained the Governor issued an Executive Order to proceed with electronic meetings.  The current code allows the Council to meet electronically, this ordinance will clarify the procedures for electronic City Council meetings, and also provide for similar meetings to be held by the Planning Commission.  This request proposes to modify City Ords. 1-6-2 and 2-1-1.  In the future, electronic meetings can be held if a quorum is present at the anchor location.

 

MOTION:      A motion was made by Councilmember Hughes to approve the ordinance amending City code to clarify provisions regarding electronic open and public meetings of City Council, and to adopt provisions for similar meetings before the Planning Commission.

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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March 26, 2020

Page Two

 

CONSENT CALENDAR:

a.    Consider award of bid to Western Rock for the Asphalt Patching Project.

 

b.    Reconsider award of bid to Bonneville Builders for the construction of the parking structure at City Hall.

 

c.    Consider approval of an Improvement Reimbursement Agreement between the City of St. George and Dominion Energy.

 

d.    Consider approval of an amended Reimbursement Agreement with the Washington County Flood Control Authority for Ft. Pierce Wash Maintenance Project.

 

e.    Consider approval of a Professional Services Agreement with Bowen, Collins, & Assoc. for the design of the City Creek to Ledges Pipeline Project.

 

f.     Consider approval of a Professional Services Agreement with Rosenberg and Associates for the preparation of the Plan of Development, Environmental Assessment, and BLM permitting for the water infrastructure improvements in the GAP/ Divario development area.

 

g.    Consider approval of a Professional Services Contract to Civil Science, Inc. for construction management of the River Road; Riverside Drive to 1450 South Project.

 

h.    Consider approval of a contract with Harmony Public Involvement for the River Road; Riverside Drive to 1450 South Project.

 

i.     Consider approval of a new Hangar Lease with Bam Bam Holdings, LLC for Lots 57G and 58H at the Airport.

 

j.     Consider approval of the Financial Report for February 2020.

 

and addendum item:

 

a.    Consider approval of a Development Agreement for Woodland Estates Townhomes to delay construction of amenities for this multiple family development.

 

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

SECOND:      The motion was seconded by Councilmember McArthur.

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

 

Councilmember Hughes – aye

Councilmember Randall – aye

Councilmember Smethurst – aye

 

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March 26, 2020

Page Three

 

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

ZONE CHANGE/ORDINANCE:

Consider approval of an ordinance for a zone change from OS (Open Space) to PD-R (Planned Development Residential). The property is generally located at 3174 S Bloomington Drive.

 

Planner Dan Boles explained this item was heard at the Council meeting held on March 5, 2020 and was tabled until March 19th.  The applicant is requesting it be tabled until April 2nd.  

 

MOTION:      A motion was made by Councilmember McArthur. to table the item until Thursday, April 2nd.

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.

 

ZONE CHANGE/ORDINANCE:

Consider approval of an ordinance changing zoning from R-1-10 to OS on approximately 3.5 acres located on the west side of Mall Drive between 110 South and approximately 270 South Street.

 

Planner Ray Snyder presented the request to change the zone from R-1-10 to OS on approximately 3.5 acres located on the west side of Mall Drive between 110 South and 270 South.  He provided a vicinity map. The Planning Commission recommended approval.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance changing the zone change from R-1-10 to Open Space.

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 Smethurst – aye

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

St. George City Council Minutes

March 26, 2020

Page Four

 

ZONE CHANGE/ORDINANCE:

Consider approval of an ordinance for a zone change amendment in the PD-C zone to allow development of a Maverik C-Store at Dixie Drive and 1600 South.

 

Planner Ray Snyder presented the request for a zone change amendment to the PD-C to allow development of a Maverik C-Store at Dixie Drive and 1600 South.  He provided a PowerPoint presentation covering the following topics: vicinity map; site plan and elevations; canopy elevations; materials board and proposed sign.  The Planning Commission recommended approval with conditions.

 

After being asked by Councilmember Smethurst, Mr. Snyder noted there will be a 6’ wall along the property line between the site and the cemetery.

 

Councilmember Hughes stated he does not love this being the entrance to the cemetery.  He inquired about alcohol sales adjacent to a park.

 

City Attorney Shawn Guzman explained they will have to follow City code; however, the Cemetery is not considered a park.  The applicant asked for a taller monument sign. The Council can review the colors and lighting as it is a PD.  

 

Mr. Snyder explained the applicant is requesting the height of the monument sign as part of tonight’s item but will have to return for the sign permit. 

 

Community Development Director John Willis noted the request is for 15’ sign, the ordinance allows for 10’.

 

Mayor Pike commented he would rather see a monument sign than a pylon sign, and have it be a lower one as this is a sensitive area.  He would like to see a specific plan for the sign before it is approved.

 

City Attorney Shawn Guzman added given the concerns with the proximity to the Cemetery, the Council may want to give direction to staff. 

 

Mr. Willis noted the sign shown is what the applicant is requesting as is the signage of the canopy for the proposed gas pumps.  He believes it is appropriate to look at the color of the canopy and the height of the sign.  If the sign is approved at 10’, the applicant will have to decide to whether or not to scale everything down proportionally; he believes the stone base should remain. 

 

After being asked by Councilmember Larkin, Mr. Wills stated they are proposing to create a vegetation wall of evergreens to help mitigate the border to the cemetery.  He commented that the Council can require the applicant to reduce candle lighting on the project. 

 

The Council discussed possible loitering issues due to poor lighting and the proposal being next to the cemetery.  They are not in favor of this type of business near the cemetery.

 

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March 26, 2020

Page Five

 

City Attorney Shawn Guzman commented this is zoned PD; the Council has some say in regard to use and setbacks. 

 

Mr. Willis noted looking at the use table, it does list convenience store, but no mention of gas pumps or gas station.  The Council also has the ability to look at increasing the setback and/or increased landscaping against the cemetery.

 

Councilmember Larkin stated she would feel comfortable in approving a convenience store if the developer increases the landscape buffer; but not a convenience store with gas pumps. 

 

Mayor Pike provided options to the Council; they can approve the request, approve the request with modifications, deny or table the item and instruct staff to work with the applicant.


Councilmember McArthur stated that he agreed with the other Councilmembers.  He feels this area needs to be preserved.  As presented, he does not feel this will work.

 

MOTION:      A motion was made by Councilmember Randall to deny the request as presented.  

SECOND:      The motion was seconded by Councilmember Hughes.

 

City Attorney Shawn Guzman commented the list of approved uses includes a convenience store; however, it does not mention gas pumps. 

 

Mayor Pike asked if the applicant is participating in tonight’s meeting.  No one responded.  The Mayor mentioned there were no comments in the chat box. 

 

Councilmember Smethurst commented he believes the item should be tabled for additional research.

 

Mayor Pike explained that since the use list includes a convenience store, he asked if the item can be denied.  He believes Councilmember Randall denied the request as presented. 

 

Councilmember Hughes noted his second was in regard to gas pumps.

 

Councilmember Randall commented she does not want gas pumps in this location; however, she is not sure Maverik will want to build in this location without them.

 

Councilmember Larkin added that she would like to see an increased landscape buffer, with no gas pumps.

 

Councilmember McArthur stated he does not feel the proposal will fit in this area as it is currently laid out.

 

City Attorney Shawn Guzman asked Councilmember Randall to clarify the denial of the request is not based on the denial of a convenience store, rather the denial is for

 

St. George City Council Minutes

March 26, 2020

Page Six

 

the overall project as presented - layout, gas pumps, and canopy.  Councilmember Randall agreed.   

 

After being asked by City Manager Adam Lenhard, Mr. Snyder explained that the applicant texted him earlier in the day and was provided the Zoom information for the meeting; however, he is not sure the applicant was able to participate.  He noted the applicant is highly interested.  Initially, there was a car wash, but it was pulled off the request. 

 

Mr. Willis commented there is a good chance the next step would be to have a request for a car wash.  He noted Maverik does not have anything to do with the car wash; that would be the owner of the property.  The property owner is looking to build an automatic car wash which is not included in the approved uses; a manual car wash is.  The car wash is not part of tonight’s proposal.

 

Mayor Pike noted he is a bit bothered the two proposals were not presented together.

 

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/ORDINANCE:

Consider an ordinance for a zone change amendment to the Desert Color PD in order to develop phase seven of Auburn Hills in the Desert Color development.

 

Planner Dan Boles presented the request for a zone change amendment to the Desert Color Planned Development to develop phase 7 of Auburn Hills in the Desert Color Development.   He noted this is actually phase 7a as they will have another phase. He provided a PowerPoint presentation covering the following topics: zoning map; site plan; and elevations and colors and materials board.  The Planning Commission recommended approval.

 

MOTION:       A motion was made by Councilmember Randall to approve the ordinance for a zone change amendment to the Desert Color PD in order to develop phase seven of Auburn Hills in the Desert Color development.

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

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March 26, 2020

Page Seven

 

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 Auburn Hills Phase 7a, a 16-lot residential subdivision located within the Desert Color development.

 

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Auburn Hills Phase 7, a 16-lot residential subdivision located within the Desert Color development.  He showed and outlined the preliminary plat.

 

MOTION:      A motion was made by Councilmember Larkin to approve the preliminary plat for Auburn Hills Phase 7a.

SECOND:      The motion was seconded by Councilmember McArthur.

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.

 

PROCLAMATION/STATE OF EMERGENCY:

Proclamation declaring a State of Emergency due to the COVID-19 coronavirus.

 

City Manager Adam Lenhard explained the State of Utah has declared a State of Emergency due to the COVID-19 coronavirus.  In order to provide all the support and funding available, the city also needs to declare a state of emergency.  The COVID-19 virus is having a significant effect on the citizens of the City of St. George and businesses located in the city.

 

Mayor Pike explained this is not about any special powers, rather it enables the City to receive funds if they are available.  It may not be necessary, however, staff recommended declaring a State of Emergency to be sure.

 

After being asked by Councilmember Smethurst, City Manager Adam Lenhard commented he does not believe there is any downside to this.  It is a smart thing to do.

 

MOTION:      A motion was made by Councilmember Hughes to approve the proclamation declaring a State of Emergency due to the COVID-19 coronavirus.

SECOND:      The motion was seconded by Councilmember Smethurst.

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March 26, 2020

Page Eight

 

Mayor Pike thanked the Councilmembers and staff for their willingness to do the best they can for the City and its citizens.

 

Each of the Councilmembers as well as the City Manager provided their thoughts on the situation.

 

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.

 

CITY CONTRIBUTION:

Consider approval of a $250,000 contribution from the City's Economic Development Fund to the Greater Together Small Business Resilience Fund for immediate availability to St. George businesses impacted by COVID-19.

 

Economic Development and Housing Director Shirlayne Quayle explained the Greater Together Small Business Resilience Fund is a public-private collaboration between the City of St. George, Washington County, and private sector donors to provide short-term bridge funding to small businesses in Washington County experiencing economic hardship due to the Covid-19 outbreak. The purpose is to help small businesses stay in operation until they can obtain small business loans or state / federal assistance. The Greater Together Small Business Resilience fund will provide 0% interest loans up to $20,000 to companies with fewer than 50 employees.

 

Mayor Pike added Ms. Quayle has been working quite a while on this project.   He is really please with this project’s partners.

 

After being asked by Councilmember Larkin, Ms. Quayle explained the businesses are required to remain open and maintain their workforce.  She noted they are working out a forgiveness clause after which she outlined what the funds can be used for.  The goal is to keep people employed.  She outlined pay back terms.

 

MOTION:      A motion was made by Councilmember Hughes to approve a $250,000 contribution from the City's Economic Development Fund to the Greater Together Small Business Resilience Fund for immediate availability to St. George businesses impacted by COVID-19.

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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March 26, 2020

Page Nine

 

Councilmember McArthur – aye

Councilmember Larkin – aye

 

The vote was unanimous and the motion carried.

 

REPORTS FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER:

Mayor Pike noted that he and Councilmember Hughes approach the County who is contributing $50,000 to SwitchPoint; he suggests the City match the contribution.

 

The consensus of the Council is to move forward.

 

Councilmember McArthur reported that the Red Cliffs Desert Reserve Board is working on renewing the Habitat Conservation Plan.  They are proposing a new section – Section 6, southwest of the Tonaquint area.  To obtain the land, they needed to obtain a grant from the Fish and Wildlife Bureau; it has been awarded in the amount of $12 million.  The final draft will be published on June 12th.

 

Councilmember Larkin mentioned the Dove Center is continuing to work for the community; they are a blessing.

 

Mayor Pike briefly reported on the recent DTEC meeting he attended.

 

Councilmember McArthur mentioned the Dinosaur Museum closed due to Coronavirus.

 

Mayor Pike updated the Council on the COVID-19 Coronavirus.

 

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

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.

 

 

 

_________________________________          

Christina Fernandez, City Recorder