City Council

Thursday, December 13,2007
Minutes



ST. GEORGE CITY COUNCIL MINUTES
SPECIAL MEETING
DECEMBER 13, 2007, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM

PRESENT:
Mayor Pro Tem Bob Whatcott
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Gail Bunker
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur

APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Orton to appoint Council Member Whatcott as Mayor Pro Tem in the Mayor?s absence.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: All present in the room (Council Members Orton, Allen and Bunker) voted aye. The motion carried.

Council Member Whatcott arrived.

OPENING:
Mayor Pro Tem Whatcott called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Council Member Orton and the invocation was offered by Alex Wilkie.

FINAL PLAT:
Consider approval of the final plat for Snowfield Estates Amended with 59 single family and twin home lots on 18.33 acres located at approximately 100 South Valley View Drive. Jeff Rogers, applicant.

Todd Jacobson advised that the applicant is amending Lots 29-36 and 38-44 to change them from duplexes to twin home lots so that each lot can be sold as a separate unit. Also, a road name change is being made. 100% of the consents have been obtained.

MOTION: A motion was made by Council Member Allen to approve the final plat.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

Mayor Pro Tem Whatcott invited several Dixie High students to introduce themselves.

RESOLUTION:
CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. GEORGE, WASHINGTON COUNTY, UTAH (THE ?CITY?), AUTHORIZING AND APPROVING THE EXECUTION BY THE CITY OF AN ANNUALLY RENEWABLE AMENDED AND RESTATED SUBLEASE AGREEMENT BY AND BETWEEN WASHINGTON COUNTY, UTAH (THE ?COUNTY?), AND THE CITY; APPROVING THE ISSUANCE AND SALE BY WASHINGTON COUNTY/ST. GEORGE INTERLOCAL AGENCY, WASHINGTON COUNTY, UTAH (?WCIA?), OF ITS VARIABLE RATE LEASE

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December 13, 2007
Page Two

REVENUE AND REFUNDING BONDS, SERIES 2007, IN THE PRINCIPAL AMOUNT OF $16,460,000, TO REFUND AND RETIRE WCIA?S LEASE REVENUE BONDS, SERIES 1997A; AUTHORIZING THE EXECUTION BY THE CITY OF A SUBORDINATION, ATTORNMENT, AND NONDISTURBANCE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; APPROVING THE FORM OF A BOND PURCHASE CONTRACT AND OFFICIAL STATEMENT; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND RELATED MATTERS.

City Manager Gary Esplin explained that this is the same action that was taken at the last City Council meeting. In the meantime, however, some minor changes were made and the bond attorney requested that the City reconfirm its prior action. This action will authorize the WCIA board to refund the bonds and authorize the County to proceed with reissuing the bonds.

MOTION: A motion was made by Council Member Orton to approve the resolution.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Bunker - aye
Mayor Pro Tem Whatcott - aye

The motion carried.

READER BOARD:
Presentation concerning a reader board at the Bluff Street fountain.

City Attorney Shawn Guzman stated that this has been discussed many times. He presented a picture of a proposed reader board, but advised that it was not an accurate representation of what it would look like. The cabinet design still has to the designed, and staff will work with YESCO to come up with a design. It is also proposed that it be step-downed so pots can be placed on it. The reader board will be donated by YESCO to the City and the City will own it. It is worth between $60,000 and $80,000 and will be state-of-the-art. YESCO will be putting its logo on the bottom and the reader board will periodically read that it is sponsored by YESCO. Proceeds from the Dixie Center sign will be used to pay for the maintenance agreement. YESCO is agreeing to terminate use of the sign by the Dixie Center that is on City property in the parking lot at the end of December 2010. They will also agree not to relocate it in the City. The City will be in charge of programming the reader board for City sponsored events and non-profit events the City Council deems appropriate.

Council Member Bunker commented that the corner is beautiful as is and putting any sign there would be a mistake.

Council Member Allen commented she liked the sign there.

City Manager Gary Esplin commented that because of the issue with signs everywhere, the idea was to advertise community events on the reader board. The Mayor and City Council have to make the decision with regard to what events are advertised. The City

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December 13, 2007
Page Three

Council has also talked about putting three or four of these signs up throughout the community.

Council Member Gardner arrived.

A discussion was held on the difficulty of deciding which events would be advertised.

MOTION: A motion was made by Council Member Orton to approve the placement of the reader board.
SECOND: The motion was seconded by Council Member Allen, subject to the cabinet being step-downed for placement of planters.

City Attorney Shawn Guzman advised that the City would follow the federal highway regulations on reader boards.

VOTE: Mayor Pro Tem Whatcott called for a vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Bunker - no
Mayor Pro Tem Whatcott - aye

The motion carried.

DISCUSSION WITH DESERT CANYONS:
City Manager Gary Esplin explained that the Desert Canyons project is located next to the proposed airport. Their master plan has already been approved and the project will be coming to the City Council for zoning. The issue is whether the project fits into the density bonus program.

Curt Gordon, representing Desert Canyons, briefly reviewed the master plan. He advised it is a 2,500 acre project. 1000 acres will be residential with 6300 units, with a gross overall density of 3.4 units per acre. 540 acres will be commercial and airport friendly uses, and 886 acres will be open space of some type. One of the reasons they would like to zone the property now is they have a lot of open space area they are trying to designate. There will be one park per every 1000 residents, with open space designated in each parcel located somewhere else in the project. When one parcel is platted, open space will have to be set aside in another part of the project. The project cannot be zoned piecemeal, as it is a complex project and they have utilities to figure out, roadways, etc.

City Manager Gary Esplin commented that the master plan was wonderful. The question, however is if the applicant is going to donate property and build parks.

Mr. Gordon replied the project has been designed to comply with the ordinance as it now exists. He stated they did not know where all the parks would be and are reluctant to commit to this at the zoning stage.

City Manager Gary Esplin stated that if the City gives additional density, how can it make sure it will get parks donated and built in exchange. He suggested that this could be done through a development agreement.


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December 13, 2007
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Mr. Gordon replied that they are willing to do this in the context of a development agreement.

Mr. Esplin commented that the City did not know where the parks would be located either, and the applicants do not need to identify this today. All the City is saying is that if the applicants get 3.4 units per acre the same thing needs to be done as is being done in the Little Valley area under a development agreement.

Ed Burgess commented that they would not be able to identify exactly where every park would be at the zoning stage.

City Manager Gary Esplin commented that the zone change could be contingent on a development agreement.

Mr. Burgess replied that this was perfect for them. He stated in that case, they would not be ready to be heard by the City Council on January 10, as a development agreement would have to be worked out. He stated another meeting was needed with staff.

City Manager Gary Esplin advised that a meeting with staff and the City attorney was needed to approach the project the same as with the Lakes. A development agreement is not needed until each section is platted, so the applicants would not have to give up anything until they are ready to develop. The zoning could be contingent on a development agreement. A development agreement is needed only for the residential portions.

Mr. Gordon commented that they are willing to give the City what it is asking for in the end without having to go through the density bonus program by using a development agreement.

Council Member Gardner commented that zoning could take place, and a development agreement would be needed with platting of each parcel.

Community Development Bob Nicholson advised that zoning comes with entitlements.

City Manager Gary Esplin advised that an agreement would have to be had at the time of the zone change or the City would lose all enforceability. The agreement could be limited to the residential section.

Ed Burgess advised that they are making a 15-20 year commitment and need more time to hammer out an agreement. He asked that the matter be tabled until after January 10.

City Manager Gary Esplin advised that the matter had already been noticed for January 10 so the public hearing would have to be opened up and continued. It does not have to go back to the Planning Commission.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.
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Gay Cragun, City Recorder