All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Jolley,
Council Member Roberts,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
Building and Zoning Administrator Kevin Rudd,
Director of Finance Alan Rae,
Public Works Director Dave Glenn,
City Engineer Chuck Gillette,
City Manager Judy Gubler,
and
City Attorney Dale Coulam.
EXCUSED: None.
Audience: Wilson Jimenez, Mariah Allred, Garrett Allred, Linda Elwell, Cody Maserang, Angelo Disante, John Hopkins, Tim Bryan, Dennis Mehr, Lance Anderson and others who did not sign in.
Council Member Rusick led the Flag Salute
Mayor Hart gave the Invocation
Mayor Hart recognized a Scout that was in attendance.
Council Member Roberts and Council Member Jolley disclosed they own property in the Historic Township area in relation to agenda item 5)E. Mayor Hart disclosed that he is a contractor in Ivins and there may be a conflict with item 5)F on the agenda. The other City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
City Recorder Kim Holindrake with Cedar Hills City, Utah and City Recorder Nancy Dean with Clearfield City, Utah, on behalf of the Utah Municipal Clerk’s Association (UMCA) and the International Institute of Municipal Clerks (IIMC), presented City Recorder Kari Jimenez with her Certified Municipal Clerk’s (CMC) Certification. Kari Jimenez thanked the Mayor, City Council, City Manager and City Attorney for their support in achieving this certification and for recognizing the importance of education and training. She also thanked her family for their support. The Mayor and Council congratulated Kari and thanked the UMCA for the presentation. Judy Gubler expressed her appreciation for Kari's work and thanked the UMCA for recognizing this accomplishment.
Alan Rae referred to the Comprehensive Annual Financial Report (CAFR) and explained the contents of that report. A copy is available by request through Ivins City Hall. Alan Rae deferred to Auditor Ken Hinton regarding the audit. Ken Hinton was complimentary of the City Recorder, Kari Jimenez and the Director of Finance, Alan Rae. Part of their audit is to review City Council Minutes of every City they audit and the City Council Minutes for Ivins City are very reader friendly. He is impressed with the work Alan Rae does and commented that Ivins City is fortunate to have the quality of expertise Alan brings to the City. In over thirty (30) years of being in this business, he has never had a draft CAFR given to him before he started the audit, until this year when Alan Rae gave it to him. It is his understanding that Alan is going to submit the CAFR to the Government Finance Officers Association (GFOA). The GFOA scrutinizes financial statements that are presented to them in an attempt for the submitter to obtain their certificate for excellence in financial reporting. Of all of his clients, Ken Hinton has only seen the City of St. George receive that award. It is a very difficult award to achieve. Ken Hinton referred to and explained several financial graphs, copies of which are available by request through Ivins City Hall. The overall financial position of the City looks great but he noted some concerns with net income after transfers and unrestricted cash amounts in the Storm Drain Fund and Water Fund. However, he acknowledged that each of those funds were better than the previous year and that the Sewer Fund and General Fund continue to do well. The revenue trend line is excellent and strong for the Sewer Fund but the net income is erratic due to the subdividers contributions so he cautioned against lowering sewer rates. He commended the Mayor, City Council and Staff for making difficult decisions and indicated that Ivins City is looked upon positively from others outside of Ivins. He is impressed with what he sees as an Auditor. He thanked Alan Rae for his time and stated that City Staff have been professional and courteous to work with.
Kevin Rudd provided a Code Enforcement Report for the months of September and October. A copy of the report is available by request through Ivins City Hall. He reported that building permits have increased this year. To date, the City has issued forty-four (44) single family building permits. There were a total of thirty-three (33) building permits in 2009. Color Country Community Housing (CCCH) has contributed to the increase in building permits. They are a very professional company and the product they are building is a good product. Working with CCCH been a positive experience. They are currently building nine (9) or ten (10) homes on 100 West and have purchased an additional nine (9) lots in Ivins. New home buyers seem to want a single family dwelling and the trend is going toward starter family homes. Kevin is seeing building permits on affordable housing and for high end homes. There are approximately nine (9) or ten (10) homes currently being built in Kayenta and The Reserve is doing well with the building of high end homes. Ence Homes and Color Country Community Housing are building affordable homes. He anticipates subdivisions building more affordable housing. Kevin met with Fitness Ridge again regarding their expansion. They have been pre-occupied with opening a facility in Malibu, CA but reported the facility in Ivins is more popular than the Malibu, CA facility. Council Member Rusick inquired as to what is happening with the Villas at Bellagio. Kevin Rudd indicated ownership has changed again and he does not anticipate anything happening with that subdivision in the near future. The new owners have committed to cleaning up the front of the property.
Dave Glenn referred to the September Summary of Operations Report, a copy of which is available by request through Ivins City Hall. The Public Works Department has been crack sealing in various locations throughout the City. Holbrook Asphalt started seal coating the path on Snow Canyon Parkway and the parking lot at UNITY Park. A-T Asphalt is scheduled to work on Kayenta Parkway but they are currently behind schedule. Ivins was previously selected by the MPO (Metropolitan Planning Organization) to receive funds to start the design work on the roundabout on Center Street and Snow Canyon Drive. Those funds are now available for use. Staff met with UDOT (Utah Department of Transportation) and Ivins has selected Horrocks Engineering to provide the consultant work on the roundabout and Ivins will be meeting with Horrocks the week of October 25, 2010 to begin the scoping process. Ivins selected Horrocks due to them being in UDOT’s approved pool of consultants and also due to Horrocks working closely with Ourston Roundabouts who designed Ivins other roundabouts. Dave spoke with the City Manager of Santa Clara regarding the sidewalk project on Rachel Drive and they are planning to have that project completed by Christmas. He will be providing the Annual report to the City Council at one of the City Council meetings in November.
Chuck Gillette referred to the October, 2010 Engineering Report. A copy of the report is available by request through Ivins City Hall. He is working with Vista Charter School to ensure the walking path is being connected to Park Avenue. He reminded the Council that the City is in the process of updating the Water Capital Facilities Plan which is why there is a request to purchase software on the Consent Agenda. Chuck referred to the Storm Water Program and the need to discuss and adopt a Storm Water Ordinance. A permit that covers Ivins storm water discharges became effective in August of this year and Ivins has 180 days to update the Storm Water Management Plan to become compliant with the permit. The City has been meeting on a monthly basis with St. George, Washington and Santa Clara to combine efforts to better address the regulatory issues. Ivins received a report from the State Division of Water Quality regarding the audit conducted last November. All issues raised by the State will be addressed in the new Storm Water Management Plan.
Chairman Mehr reported the Planning Commission held a Public Hearing on the issue of beekeeping. The Commission is drafting an ordinance to amend the current ordinance that would allow beekeeping with appropriate restrictions, best practices and similar guidelines. He anticipates the City Council to address this issue in December. The Planning Commission continued the discussion regarding grading and elevation of lots and received input from Form Tomorrow.
Dale Coulam indicated state law requires that for the disposal of a significant parcel of real property, a Public Hearing is required, as well as the adoption of an ordinance that defines what a significant parcel of property is. Judy Gubler stated that Ivins has very little real property and suggested that any City owned property should be disposed of through a Public Hearing. Mayor Hart referred to the SAA (Special Assessment Area) project and expressed his concern with the requirement of holding several Public Hearings for each parcel of land. Judy Gubler indicated there could be one Public Hearing to address several parcels. The publication and surveying costs may be paid by the individual making the request. The Mayor and City Council discussed what would constitute a significant parcel of real property and determined any portion of a parcel that is City owned should be disposed of through a Public Hearing.
Dale Coulam referred to the disposal of personal property and stated this was previously addressed in the Purchasing section of the Ivins City Code but the disposal of personal property is now being combined and addressed in this ordinance. An example of personal property would be surplus items and he suggested placing a re-sale value on the personal property to be disposed of. The Mayor and City Council discussed how best to dispose of personal property that is city owned and determined if the value is $5,000 or more, the personal property should go before the City Council.
MOTION: Council Member Rusick moved to approve Ordinance No. 2010-16, an Ordinance of Ivins City, Utah, Regarding Use & Disposal of City Property with the corrections discussed and reviewed this evening
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Council Member Elwell inquired as to what the City paid for the original two (2) acres of land. Judy Gubler indicated she did not recall but will find out and let him know. Council Member Elwell inquired how much land the City would be selling and Judy Gubler stated what is proposed is the sale of 5.26 acres. Some of the land will need to be dedicated back to the City for a right-of-way. Council Member Elwell was surprised there were no questions regarding traffic and inquired if there will be a road connection to the Cameo Park private street. Judy Gubler indicated that the Transportation Master Plan shows 300 South going from 400 East to 200 East and that would require that the Cameo Park private street become a public street.
MOTION: Council Member McDonald moved to approve the Purchase Contract for City Owned Property Commonly Known as "Pond Park" Located at Approximately 350 E. 200 S.
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Chuck Gillette referred to a PowerPoint Presentation, a copy of which is available by request through Ivins City Hall. The City will be extending the tortoise fence to receive mitigation credits for the Tuacahn Wash Detention Basin project. The tortoise fence area was survey staked and six (6) properties were identified to be encroaching on City property. Some of those properties have irrigation systems on City property that could weaken the dike. Dale Coulam indicated if there is an encroachment onto City property, the City can demand the encroachment be removed. That demand was made on the properties that are jeopardizing the dike. For the properties that are encroaching on City property but not jeopardizing the dike, the City can demand the encroachment be removed, allow a licensing agreement with permission from the City to use a portion of the property or offer the portion of the property that is being encroached on for sale. He stated the City would not want to sell the property. The Mayor and City Council agreed to allow the residents to use the property through a licensing agreement. Dave Glenn suggested that the licensing agreement contain wording that nothing can be placed on the dike and there be no damage to the dike and anything on the dike has to be removed. Dale Coulam indicated the City could propose that the owner can either remove the encroachment or the owner can pay for a survey and the City would then grant a license agreement. The license agreement would need to be revocable in the event that the dam is ever reclassified.
Chuck Gillette indicated he issued the RFP (Request for Proposals) in August and proposals were received in September. The lowest priced proposal was the same bidder as was on the solar system project for the Animal Shelter and Public Works building.
MOTION: Council Member Elwell moved to approve an Expenditure of $48,000 and Award UNITY Park Solar Project to Intermountain Wind and Solar
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Chuck Gillette stated the City received and opened ten (10) bids for this project on October 7, 2010. The Engineer’s Estimate was $4.29 million dollars and the low bid is $2.97 million dollars. The low bidder on Schedule A-1, which is the non-federal money schedule, is Desert Hills Construction. The City has some construction history with them and they are known as a reputable contractor. There is no reason to not recommend them. If the City were to consider going with Schedule A-2, which is the federal money schedule and requires Davis Bacon wages, the bidder is different and he would recommend checking references. Alan Rae referred to bonding information for Build America Bonds, CIB Bonds and Economic Recovery Bonds. A copy is available by request through Ivins City Hall. He stated it is less expensive overall to use the Build America Bonds and recommended the City pursue the Build America Bonds. The bonding company will be looking at the public offering as well as the private placement. The Build America Bonds and the Economic Recovery Bonds have to be funded and in the process before the end of this year. The course has changed somewhat due to the difference in the Davis Bacon Wages. The City thought with the 45% discount on the Economic Recovery Bond that that would be enough to off-set the Davis Bacon Wages but with the bids the City received, the bonding company has been surprised with the difference. The difference in the Salt Lake area is generally 1%-2% but here in Washington County there is an 8% difference between the two types of bonds. Council Member Rusick inquired if the difference is because wages are low in Washington County. Alan Rae indicated not in this particular case. There was only a 3% or 4% difference between most of the contractors low and high bid. The problem is that the low bidder on both of the schedules is a different company. Chuck Gillette stated that the low bidder submitted a Davis Bacon Schedule that was approximately 29% higher than their non Davis Bacon Wages Schedule. That was a flag to Staff and Staff spoke with the contractor about the difference. The contractor said they changed their bid prices just before the bid was due and only had time to accurately provide Schedule A-1 and ultimately removed that contractor from the top three (3) bids for Schedule A-2. Judy Gubler clarified that contractors in the Washington County area are bidding jobs just to keep their equipment moving. In Washington County and in this economic environment, contractors are paying their employees less. In Northern Utah the typical salaries are closer to the Davis Bacon Wages. Council Member Rusick is concerned that the City is making decisions on a different basis than would be made if the contractor had given the City a legitimate bid. Alan Rae indicated that in his opinion if it is at all less costly, the City should go the route of non Davis Bacon bonding, not because of what the City would be paying in wages, but because what the City would be required to do in oversight and administration. Administration by the City would be dramatically higher using a bond that requires Davis Bacon Wages. Council Member Rusick agreed but wanted to be sure the City is choosing the right bond. There is never a good reason to not pay people a decent wage even when times are tough. If the City can do this project without assistance from the federal government, the City should do it. She has an issue with the wages but knows the wages are attached to the government funding. Mayor Hart indicated there may be a possibility of channeling money into a fund that would be able to assist property owners with the assessment. Dale Coulam stated the City does not know what restrictions would be placed on those funds and the City would not want to get anyone’s hope up that funding would be available to assist them with the assessment. Council Member McDonald referred to there being a $100,000 difference in the total and inquired if that difference would be reduced off of the assessed amount. Mayor Hart stated "no" due to the City having already expended the difference in engineering costs and the City should recover those costs. Council Member McDonald suggested taking that amount off of the residents assessed amount. Council Member Rusick indicated that sounds like a good idea but the City would be taking money from all of the tax payers in the City and not just the property owners that are being assessed in the SAA. Money should not come out of the general fund for the SAA expenditure. Council Member Roberts stated the City did not anticipate recouping the engineering expenditures anyway. Alan Rae indicated that when the Council approved the Bond Parameters Resolution, the expenditure was to be paid back to the General Fund and the Bond Parameters Resolution requires it be paid back to the General Fund. Mayor Hart suggested the Council may want to table this item until the next meeting due to outstanding issues with the bonds.
MOTION: Council Member Jolley moved to table Agenda Item 5)E considering Expenditure and Award of Contract No. 10-05 to the next scheduled City Council meeting in two weeks or until such time the Council can obtain further direction on the security of the funding
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Dale Coulam indicated this is a housekeeping item. Approximately every three (3) years a new addition of codes comes out and the City wants to update the City Code. There have also been several additions to the Fire Code and recommended the City adopt the Fire Code Appendix and then allow the Ivins Fire Chief to further scrutinize that. Mayor Hart referred to the Residential Code and indicated the State of Utah eliminated some of the provisions of that code and inquired if the City should incorporate the Utah State exceptions. Dale Coulam is not aware of the exceptions and would need to defer to Kevin Rudd.
MOTION: Council Member Rusick moved to table the passage of Ordinance No. 2010-14 to the next regularly scheduled meeting
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Council Member Elwell - No report
Council Member McDonald - No report
Council Member Jolley reported he received favorable comments about the hot dogs at Heritage Days.
Council Member Roberts thanked the Mayor and City Council members for supporting the signing of the Community Covenant.
Council Member Rusick - No report
Mayor Hart reported that Heritage Days was a great celebration. He thanked Linda Elwell for everything she did to make it a great celebration. Council Member Rusick inquired if the Council will be seeing a financial report for Heritage Days. Mayor Hart indicated they would but it is not available yet.
Judy Gubler thanked Dave Glenn, Chuck Gillette and the Mayor for their work on the SAA (Special Assessment Area). The City received the Blue Sky Grant today in the amount of $104,000 for solar projects. A Closed Meeting is needed tonight to discuss the purchase of property.
Dale Coulam reported on the Kim Mitchell lawsuit and indicated the Mr. Mitchell had filed a TRO (Temporary Restraining Order) to prevent the City from using any of the grant monies for solar projects and to insert him in as the contractor. Mr. Mitchell was unsuccessful in that attempt and the lawsuit will now proceed with David Church representing the City on behalf of the Trust.
| E. |
Items to be placed on future agendas - None |