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:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Parks and Recreation Director Benny Sorensen,
Public Safety Director Bob Flowers,
City Engineer Charles Gillette,
and
Public Works Director Dave Glenn.
EXCUSED: None.
Audience: Angelo Disante, Jeff Morby, Alma Richie and others who did not sign in.
Council Member Elwell led the Flag Salute
Council Member Elwell gave the Invocation
Council Member Jolley and Council Member Roberts disclosed they own property in the Historic Township area in relation to agenda item 5)A. Mayor Hart disclosed he has a conflict with item 5)D in as much as it involves Hart of Dixie, an entity of which he is part owner. The other City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
Mayor Hart welcomed the Scouts and their Leader in attendance.
Benny Sorensen reported that football is over. It was a good season with more participation than last year. The City is currently registering for basketball which will start after the first of the year. On December 4th there will be a 10k, 5k and 1 mile running event called "Run Run Reindeer" that will benefit Dixie Care and Share. The Red Rock Film Festival will be screening a movie at Ivins City Park on Monday, November 15th at 5:30 p.m. Additional information on the fun run and the movie is available on the Ivins City website at
www.ivins.com
Chief Bob Flowers reported that the interviews for the Fire Chief have concluded and the new Fire Chief is Kevin Gildea. Mr. Gildea is a retired Battalion Chief from Provo and is currently a Fire Chief in a smaller community in California. He is also a Paramedic and designed the Ivins City fire truck. He will be moving to Ivins and will start with the City the first part of December.
The animal shelter has received food donations that have a value of more than $11,000. The TNR (Trap-Neuter-Return) program is busy. The Public Safety Department has developed a good relationship with Tuacahn High School and Randy Hancey is working as a School Resource Officer approximately eight (8) hours a week. Jaren Studley assisted the City of St. George with the recent Officer involved shooting and the World Senior Games went really well. Council Member Elwell acknowledged and thanked Chief Flowers for being instrumental in a special moving experience with the Vietnam Veterans Memorial Wall that was in Washington County. Chief Flowers was asked to bring an ill Veteran from northern Utah to Washington County to see the wall. The Utah Highway Patrol officer that transported the Veteran reported it was a choice experience to spend time with the Veteran.
| B. |
Planning Commission Report |
No report. There was no Planning Commission meeting due to the General Election being held on Tuesday, November 2, 2010.
Judy Gubler indicated that Staff is prepared to recommend this project be awarded and the City is confident that funds will be secured. The request is to award the contract to Desert Hills Construction in an amount not to exceed three million one hundred thirty thousand dollars ($3,130,000.00). Council Member Rusick suggested the awarding of the contract be conditioned upon funding. Mayor Hart inquired what needs to occur to finalize the funding. Judy Gubler stated the City is working with a couple of entities, looking for the best and least expensive bond. That process will take until approximately the second week of December. The City will be paying off a bond and the new bond will take its place so it is obvious that the City can meet that debt service obligation. Council Member Roberts inquired when the residents will be obligated to pay the assessment. Mayor Hart indicated at the completion of the project. Dale Coulam stated there is a process relating to the Board of Equalization where hearings can be held concerning individual assessments or unique situations. After funding is finalized, it would be appropriate for the City Council to appoint a Board of Equalization and then that Board can begin going through the hearing process. Judy Gubler indicated that after funding is secured and the City begins moving into the construction phase, the City will be working internally on how the actual construction will take place so the City can give the residents notice. Council Member Roberts requested a flow chart of events for the SAA (Special Assessment Area) project. Mayor Hart stated the City understands the importance of having excellent communication with the residents so they know what to expect time wise and how residents will be able to access their property during the phases of the project.
Council Member Rusick referred to the debt service and stated the debt service amount may be the same but that the interest for the SAA project is less. The other bond that is being paid off was at a higher interest. Judy Gubler indicated that the amount of the bond being paid off is approximately $2 million dollars. The debt for the SAA bond will be increased by approximately $1 million dollars but the payment on the new bond will be approximately the same as the one being paid off due to the decreased interest rate on the bond for the SAA.
MOTION: Council Member Rusick moved to approve a maximum expenditure of $3,130,000 and award the Historic Town Street Improvements project to Desert Hills Construction, conditioned on the successful attainment of 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 stated that the effective year is changed to "2009" and language was changed to read "as adopted by the State of Utah" rather than "as published by the International Code Council. There is one change to Appendix D of the Fire Code, that being that Appendix D, would be adopted but would include two (2) exceptions.
MOTION: Council Member McDonald moved to approve Ordinance No. 2010-14, an Ordinance of Ivins City, Utah Amending Title 14 of the Ivins City Code Entitled "Buildings and Construction"
SECOND: Council Member Elwell
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.
Chuck Gillette stated there have been additions to this document since the last time it was addressed. Staff is looking for direction from the Council and sees the ordinance before the Council as the minimal ordinance required to comply with Ivins permit. Council Member Roberts referred to section 11.05.103 "Authority to Access" and indicated he has concerns and will not vote for anything that gives personnel representing the City, blanket authority to enter onto private property without some sort of due process and requested that be addressed. Council Member Elwell suggested verbiage that if there has been a failure to inspect on the part of the owner, the City would be allowed to enter onto the property. Staff will look at including additional language to address Council Member Roberts concerns.
| 1. |
By motion and upon two-thirds vote of the council members in attendance at the meeting, the City Council may adjourn into a closed meeting to discuss the strategy regarding the purchase, exchange, or lease of real property pursuant to Utah Code Section 52-4-205 (1)(d) |
MOTION: Council Member McDonald moved to adjourn to a closed meeting to discuss the strategy regarding the purchase, exchange, or lease of real property pursuant to Utah Code Section 52-4-205 (1)(d)
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 |
The City Council meeting reconvened at 6:41 p.m. Based on the conflict disclosed earlier in this meeting, Mayor Hart recused himself and left the Council room at 6:42 p.m., prior to the City Council addressing item 5)D.
Mayor Pro Tem Rusick indicated the contract is for the purchase of a 16 plus acre parcel for the total purchase price of nine hundred thousand dollars ($900,000.00) with earnest money in the amount of five thousand dollars ($5,000.00). This is a cash offer. The terms are set forth in a standard Real Estate Contract for land and there are some specific conditions identified on Addendum 1. Those conditions are as follows: 1) The purchase of this property is conditioned upon the sell of "Pond Park" to the Church of Jesus Christ of Latter Day Saints, which is currently under contract; 2) the City will grant easements for utilities and an emergency access road to the Seller; 3) the City will be responsible for all road improvements on Center Street adjacent to this property; 4) Seller will donate a portion of the acreage; 5) Seller will pay a 6% brokerage commission to Holiday Resort Realty and 5) this agreement is conditioned upon the approval of State Bank of Southern Utah agreeing to the sale.
MOTION: Council Member Jolley moved to approve the Real Estate Purchase Contract for land, contract between Ivins City and Hart of Dixie, L.C. for 16 plus acres located at Center Street and 650 East to Chancel Cliffs as set forth in the contract and to approve Mayor Pro Tem Rusick as authorized to sign on behalf of the City for that purchase
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 |
Mayor Hart returned to the meeting at 6:48 p.m.
Council Member Jolley - No report
Council Member McDonald reported he will be attending a meeting at the Washington Solid Waste District on Monday, November 15, 2010
Council Member Elwell - No report
Council Member Roberts - No report
Council Member Rusick - No report
Mayor Hart reported he attended a meeting with the Water Conservancy District and the district will be providing a water conservation plan update in the near future.
Judy Gubler reported that the annual City Christmas get together will be Friday, December 17th. The City is looking at other property for the Community Garden that is currently on Pond Park property. Mayor Hart referred to the Community Garden at Tonaquint Park. Judy Gubler will find out more information on how they did their Community Garden. On the agenda on December 2, 2010 there will be a presentation by Mark Cox and Kai Reed regarding the Blue Sky program. At the next meeting there may be request for proposals for the solar project for City Hall.
Dale Coulam reported on the variance hearing that was held today. Steve Weida originally came forward on a Citizen Comment and requested that the Council look at the zoning ordinance in relation to the number of horses allowed in Padre Canyon Estates. Steve Weida filed an application for a variance and a hearing was held today, with the conclusion that the application for a variance was denied.
Council Member Jolley requested there be a discussion with Bob Flowers regarding the substance known as "Spice".
Council Member Elwell requested there be a discussion regarding what the role is of the insurance company in determining what the City’s policies and procedures are. He referred to the animal shelter, celebrations for the City and what the youth can or cannot do.
Mayor Hart requested that after bonding for the SAA has been finalized, there be a discussion regarding establishing a fund for the SAA to assist affected homeowners who are unable to pay for the assessment.