All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Jolley,
Council Member Roberts,
and
Council Member Rusick.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Director of Finance Alan Rae,
Building and Zoning Administrator Kevin Rudd,
City Engineer Charles Gillette,
and
Deputy City Recorder Martha Wilson.
EXCUSED: None.
Audience: Angelo Disante, Marc Deshowitz, Jim Keeley, Dennis Mehr, Douglas Carpenter, Lance Anderson and others who did not sign in.
Council Member Roberts led the Flag Salute
Council Member Roberts gave the Invocation
Council Member Jolley and Council Member Roberts disclosed they reside in the special assessment area in relation to agenda items 5)C, 5)D and 5)E. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Kevin Rudd reported there have been approximately forty-five to fifty (45-50) building permits issued in 2010. There were thirty-three (33) issued in 2009. The homes being built by Color Country Community Housing (CCCH) are nearly complete. CCCH will be building nine (9) additional homes in Ivins in the near future. The demolition of a home and foundation located at 105 S. Mesa Vista Court in Padre Canyon that was destroyed by a fire in June, 2010 is complete. Tracy Marrott is doing a good job in code enforcement.
Chuck Gillette referred to a water usage chart that reflects five (5) years of water use. He provided a copy to the City Council. A copy of the chart is available by request through Ivins City Hall. The City of Santa Clara has started the sidewalk project that will connect Ivins to Lava Ridge Intermediate School and it is anticipated to be done by the middle of January, 2011. Staff is currently negotiating the design scope and costs with Horrocks Engineers through the UDOT processes for the Center Street and Snow Canyon Drive roundabout. There will likely be a design meeting in January 2011. An RFP (Request for Proposal) has been advertised and Staff will be receiving proposals for the City Hall solar project the week of December 20, 2010. Pavement improvements are approximately 75% complete. A-T Asphalt was required to complete fog sealing of multiple areas throughout the City by November 18, 2010. A-T Asphalt has been notified of the City’s intent to start charging liquidated damages. Winter weather may prevent the completion of the fog sealing until next spring. Staff has negotiated two (2) weeks of liquidated damages be paid to the City in exchange for A-T Asphalt being allowed to delay the fog seal until May 2011. The Storm Water Management Plan draft is on the Consent Agenda tonight for the Council to approve. Council Member Roberts referred to the Storm Water Management Plan and inquired if Chuck Gillette foresees the City needing to hire additional personnel in the future to follow through with the plan. Chuck Gillette indicated it depends on what happens with development. Currently the City is going to manage with existing staff. The City no longer has a separate designated Public Works Inspector and that Inspector was filling in as the coordinator for the Storm Water Program. Chuck is now filling that position. The City also has a part-time assistant in the Public Works Department that is helping. The City has five (5) years to implement the measures and once the measures are fully implemented the City will likely reassess the needs. Council Member Roberts inquired where the funds to pay for the brochures, training and other items that are required under the program will be generated from. Chuck Gillette stated a portion of the costs will come from the storm drain fund and existing staff will be used. The City is using its own printers for brochures and the City is working within the approved budget. Some of the training is being done through videos that have been purchased in conjunction with the City of Washington and the City of St. George. The cost is approximately five hundred dollars ($500.00) that is being split three (3) ways. The City will begin showing the videos to City staff and that should meet the training requirement for the program.
Chairman Mehr reported the Planning Commission held a Public Hearing on site grading and drainage which has been forwarded to the City Council for a Public Hearing in January, 2011. The Planning Commission approved the Final Plat for Sun Crest West Phase 3 and continued discussion on the beekeeping issue.
Alan Rae provided a financial report to the City Council. A copy is available by request through Ivins City Hall.
Mayor Hart recognized Rich Rodgers and Jaron Studley for being instrumental in solving several burglaries and recognized Jon Ward for the work he has done while acting as interim Fire Chief.
Kevin Rudd indicated the location of the property is close to Highway 91 and currently designated as low density residential. The development is known as The Villas at Bellagio but that development was never recorded and there are partial improvements on the property. The property has been purchased and the owners include the developers of Kayenta. The developers feel the zoning designation should be Resort Commercial. There is a parcel across the street with the same designation.
Mayor Hart opened the Public Hearing.
Lisa Rutherford resides at 173 N. Painted Hills Drive and referred to an email submitted by Allan Carter that was attached to Ivins Staff Report. She felt the email should be part of the public comment and not attached as part of the Staff Report. A copy of the email is available by request through Ivins City Hall. She has a high regard for Terry Marten and his development but has some concerns that if the amendment to the Land Use Plan is approved and Terry Marten ends up not developing the property, she would hope the City is looking at "what if" scenarios and not basing a decision on one particular personality. Ivins is unique and should not try to be another St. George. The majority of the individuals who spoke at the Planning Commission meeting regarding this development appeared to have a financial interest in the project moving forward and she would like the City to consider that before making a decision. She has a concern that if the short term rentals did not work out, the units might be sold as smaller homes and inquired if the property would need to be re-zoned to residential.
Applicant Terry Marten referred to an ordinance in Ivins that restricts the rental of a home for less than thirty (30) days. The applicants would not be making the current request if there were some short term rentals allowed in Ivins. The developers want to build homes to use as short term rentals. Ivins is a destination city and there is an opportunity to create some commerce in Ivins. The developers’ concept would be a resort concept similar to Brian Head and Park City that would provide resort housing.
There being no further comments, Mayor Hart closed the Public Hearing.
Council Member Rusick inquired of Kevin Rudd about the emails from Allan Carter and Mr. Carter’s comment that no member of the group received notification of the meeting tonight. Kevin Rudd indicated notices were sent to the owners of record for Comanche Cliffs but the address of the property owner was changed without notice to Washington County and the owners did not receive the notice.
Mayor Hart referred to Dale Coulam regarding the agreement and dispute referenced in Allan Carter’s emails. Dale Coulam stated that during the time the Sensitive Lands Ordinance was proposed, that triggered a lawsuit by the owners of Comanche Cliffs. That was resolved in a Settlement Agreement that agreed to a certain density and a proposed plan but nothing formal has been submitted to the City for land use approvals. The lawsuit was not to be formally dismissed until the owners obtained their approvals, consistent with the Settlement Agreement. Mr. Coulam received notice several months ago that the Judge was going to dismiss the lawsuit due to no action having been taken since 2006. The Settlement Agreement was entered into prior to any approvals of The Villas at Bellagio project. At the time the Settlement Agreement was finalized, The Villas at Bellagio was beginning its process and presenting plans which is why there is a common road that connects those two developments. The vast majority of the Comanche Cliffs property is Sensitive Lands for slope. What is being proposed tonight for the land use change does not involve any Sensitive Lands. The issues are different and the legislature has passed a law that says we are to act timely on an application. If an application is complete, the City is to render a decision within forty-five (45) days. The Planning Commission determined they had a complete application and the application should not be delayed. Mr. Coulam suggested that if the Comanche Cliffs property group wanted to have their land use reconsidered, they should file an application. No application has been filed to date. The Mayor and City Council Members are in favor of the amendment. Council Member Rusick inquired if an ordinance was required to amend the Land Use Plan. Dale Coulam reviewed the statute and clarified that an ordinance is not required to approve the Land Use Map amendment.
MOTION: moved to
SECOND:
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Rusick |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
AYE |
Judy Gubler indicated that at the last City Council meeting there was a report on the Rocky Mountain Blue Sky Community Challenge and a request to place this on the agenda for discussion. The City would need to purchase a minimum of fifty-two (52) blocks of Blue Sky Energy. There are currently one hundred thirty-eight (138) residents in the City enrolled in the program but there needs to be a total of one hundred fifty-three (153) enrolled to be a Blue Sky Community. The additional cost is $1,216.00 per year. There are a number of participation levels. Staff needs direction of which level or any level energy program the Council would like the city to participate in by purchasing blocks of renewable energy. Council Member Roberts inquired why Rocky Mountain Power or any other energy producing company needs subsidies if they can make money off of wind or solar power. He is in favor of pursuing all clean energy resources but thinks the subsidies should come from the private sector and that the City should not subsidize Rocky Mountain Power. He would be in support of it if the City received the $1,216.00 back. Council Member Rusick inquired as to the additional blocks that need to be purchased by private individuals. Judy Gubler indicated that in order for Ivins to be designated as a Blue Sky Community, there would need to be fifteen (15) more individual enrollments in addition to the City purchasing fifty-two (52) blocks. The program requires City participation and a total of five percent (5%) residential and commercial enrollments.
Council Member Rusick indicated this is in line with the Mayor’s vision for Ivins City with regard to energy. Mayor Hart referred to Council Member Roberts indicating there being no return or repayment. Rocky Mountain Power’s stand is that their responsibility to their subscribers is to provide power at the lowest possible cost. At this point in time that does not include a large porfollio of renewable energy sources. Rocky Mountain Power has opted to use a voluntary approach to funding the creation of renewable energy generating sources. A substantial amount of the money collected by Rocky Mountain Power is then distributed to communities or other entities to put in place renewable generating facilities. The City recently received a grant from Rocky Mountain Power through the Blue Sky Program in the amount of one hundred three thousand dollars ($103,000.00) for the City Hall solar project. That project is going to save the City an estimated twenty-seven hundred dollars ($2,700.00) a year at current power rates. As the pressures continue towards carbon capture coal and other expensive procedures for air quality, the power rates will likely escalate. The guaranteed useful life of the City Hall solar project that Rocky Mountain Power is providing for the City is thirty (30) years and in practical reality they extend to fifity (50) or sixty (60) years or beyond. He feels the City is getting its money back and one of his goals is to strengthen the brand of Ivins City. One of the aspects of that brand is a respect for the environment. Water and energy conservation are a part of that and renewable energy generation is a great selling point to potential future appropriate commercial enterprises coming into the City and would be a value to the City. Council Member McDonald struggles with the comment that Rocky Mountain Power’s goal is to provide the lowest cost power to the residents. There are other options in the area that are much cheaper. He sees both sides of the issue but is undecided at this time. Council Member Elwell stated the City needs to look at what value the City receives by promoting the City. The City is constantly striving to promote the City by preserving the night sky, preserving the view corridors and promoting the City as a resort community. It all works together as a promotion. This is a worthwhile expenditure of tax money and over time the return will be greater than the expenditure. Council Member Jolley indicated the Council needs to promote Ivins as a renewable energy community and there are a number of ways to do that. He agrees with Council Member Roberts and is against spending money to become an official Blue Sky Community. Council Member Rusick stated the City would be participating in a clean air movement and thinks it is the right thing to do. Rocky Mountain Power just gave the City one hundred three thousand dollars ($103,000.00) and giving back just over a thousand dollars ($1,000.00) a year is not much appreciation. The City is going to save over eight thousand dollars ($8,000.00) a year.
Council Member McDonald suggested this agenda item be revisited at a later date. On a personal standpoint he has the same opinion as Council Member Roberts and Council Member Jolley. On a business standpoint, the City is trying to promote the community. Being a Blue Sky Community will save the community over seven thousand dollars ($7,000.00) a year and if being designated as a Blue Sky Community sways a company to come into the area that would help the tax dollars, it would be a worthwhile expense. He thinks the Economic Development Committee should be involved with promoting the City. Mayor Hart explained the involvement of the Economic Development Committee and further reasons for Ivins City to become a Blue Sky Community. Judy Gubler proposed letting the community know about this and if there are an additional fifteen (15) enrollments in the community, there will be enough private participation and the Council can then consider this. Council Member McDonald would like the City to pursue other options for power other than Rocky Mountain Power suppliers and decided he is not in favor of the Blue Sky Community Challenge.
MOTION: Council Member Elwell moved to table this indefinitely
SECOND: Council Member McDonald
VOTE: The motion failed.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Rusick |
NAY |
| Council Member Roberts |
NAY |
| Council Member Jolley |
NAY |
MOTION: moved to
SECOND:
VOTE: The motion failed.
| Council Member Elwell |
AYE |
| Council Member Rusick |
AYE |
| Council Member McDonald |
NAY |
| Council Member Roberts |
NAY |
| Council Member Jolley |
NAY |
MOTION: Council Member Roberts moved not to approve the Rocky Mountain Blue Sky Community Challenge
SECOND: Council Member Jolley
VOTE: The motion carried.
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
AYE |
| Council Member Elwell |
NAY |
| Council Member Rusick |
NAY |
Mayor Hart indicated there were several exceptional individuals interested in serving on this committee and in order to vary the representation across the City, Mayor Hart recommended that former Mayor Chris Blake be appointed to the Sensitive Lands Committee.
MOTION: moved to
SECOND:
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Rusick |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
AYE |
Roll call vote. All Council Members voted in favor.
Alan Rae explained the documents previously provided to the City Council members. Zions Bank begins with a General Indenture Trust which is an umbrella trust that allows the City to bond up to three (3) times the amount the City intends to bond for. The First Supplemental Indenture Trust deals directly with the bond the City is addressing at this time. The bond is three million five hundred thousand dollars ($3,500,000.00). Zions Banks cost for putting this together is ten thousand dollars ($10,000.00). The Bond Attorney Ballard Spahr will be charging an estimated cost of twenty-five or twenty-six thousand dollars ($25,000.00-$26,000.00). The City will be receiving three million four hundred sixty-four thousand dollars ($3,464,000.00). The total cost is approximately thirty-six thousand dollars ($36,000.00) which is substantially lower than what the City has incurred in bond costs in the past. The bond is for twenty (20) years and the average interest rate over the life of the bond is 3.27%. The original estimate was 3.5%. The City requested that no reserve fund be required and that has been approved with one provision, that being in the event that the revenues from any bond fund in a fund year are less than two hundred percent (200%) of the average aggregate annual debt service, the City would be required to have a reserve fund. In order for the City to be required to have a reserve fund, the sales tax funds would have to drop by sixty percent (60%) from what they are currently.
Council Member Rusick referred to the umbrella trust and inquired if the City is required to remain with Zions Bank. Alan Rae indicated "no". Zions Banks has assessed Ivins credit worthiness and the quality of the revenue the City is pledging for this bond and Zions Bank has determined the City has the ability to bond up to a higher level. Council Member Rusick inquired how the repricing works and how many years the interest has been estimated for. Alan Rae stated he estimated for the full twenty years (20) but the City only has a guaranteed rate for ten (10) years. Currently the bond would be repriced at the five (5) year price. If the market changes, the City may be in a position in the ten (10) year span where the City can remarket the bond.
MOTION: Council Member McDonald moved to approve Resolution No. 2010-20R a Resolution of the City Council of Ivins City, Utah (The "Issuer"), Finalizing the Terms and Conditions of the Issuance and Sale by the Issuer of its Sales Tax Revenue Bonds, Series 2010 in the Aggregate Principal Amount of $3,500,000; Awarding and Confirming the Sale of Said Series 2010 Bonds; Authorizing the Execution by the Issuer of a General Indenture of Trust, a First Supplemental Indenture of Trust, a Bond Purchase Agreement, and other Documents Required in Connection therewith; Authorizing the Taking of all other Actions Necessary to the Consummation of the Transaction Contemplated by this Resolution; Providing a Severability Clause; Providing an Effective Date; and Related Matters
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Rusick |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
AYE |
Roll call vote. All Council Members voted in favor.
Judy Gubler indicated there are three (3) options for appointing individuals to the Board: Three (3) or more City Council Members; Two (2) City Council Members and the City Treasurer or the City Engineer; One (1) City Council Member or a person appointed by the City Council to be its representative and the City Treasurer and City Engineer.
Council Member Elwell inquired as to the duties of the Board. Dale Coulam stated the Board will hear whether or not the assessment has been fairly assessed, consider all of the facts and arguments and make recommendation to the City Council for any corrections. The hearings need to be between the hours of 9:00 a.m and 9:00 p.m. on three (3) consecutive days for at least one (1) hour per day. If the volume is large, there can be additional days. There will be a notice that goes out to explain the process.
Council Member Jolley recommended the City Council opt for option three (3) and that the representative not be a resident in the assessment area. Council Member Elwell had concerns about removing the Council Members from the Board. Council Member Roberts suggested Council Member Elwell or Council Member Rusick be on the Board. Council Member Rusick is available to be on the Board.
MOTION: Council Member Jolley moved to create a Board of Equalization by Appointing Chuck Gillette, Tami Moody and Council Member Rusick as the individuals to serve on that Board
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Rusick |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
AYE |
Roll call vote. All Council Members voted in favor.
The meeting was in recess for five (5) minutes at the request of Council Member Elwell.
Mayor Hart called the meeting back in session. There is a meeting scheduled in early January, 2011 with the residents of the Historic Township area. If the Council agrees that an SAA Assistance Fund is a good idea he would like to get the technical issues worked out with the Five County Association of Governments so the fund can be discussed with the residents at the meeting in January. Mayor Hart suggested the City create a line item on the monthly utility bill that would make it possible for individuals to contribute to a fund that would provide resources for qualified residents of the Historic Township area who are unable to make their assessment payments based on income or circumstances. Council Member Rusick indicated that is a good idea provided the Five County Association of Governments is the organization that qualifies those in need. Mayor Hart stated the Five County Association of Governments has criteria to qualify individuals for various programs that are already administered by them. Council Member Jolley indicated the fund is a great idea and inquired if the donation could qualify as a tax deduction. Dale Coulam stated the City would need to discuss that with the Five County Association of Governments. Council Member Jolley would like to obtain an answer to that prior to the meeting with the residents in January. Mayor Hart indicated there are other ways to assist individuals. Arrangements can be made directly through the City for an individual to make a payment or pay off an assessment for another individual. Any other donations that are not specific to an assessment would be placed into a general fund. The Mayor and City Council discussed names for the fund and determined the name of the fund will be "The Ivins Good Samaritan Fund"
Judy Gubler indicated there is a property dispute by Emma Fife regarding the south boundary of the Pond Park property. To resolve this dispute Emily Fife requested the water line moved off the Pond Park property and onto her property south of the surveyed south boundary of Pond Park. The best way to resolve this is to pay a cash settlement of $1,500 and let Emma have the irrigation line moved. The legal description is the boundary. A legal issue would be time consuming and not something the City would want to impose on Emma Fife. The proposed resolution is much more cost effective and takes care of the issue.
MOTION: Council Member Elwell moved to approve the Pond Park Boundary Line Settlement Agreement
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Rusick |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
AYE |
Dale Coulam indicated this is a housekeeping item. There have been some Federal Law changes and the City’s plan requires an amendment be adopted by a Resolution.
MOTION: moved to
SECOND:
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 Rusick attended the last meeting of the year for the Southwest Mosquito Abatement District. They finished the year under budget and approved the new budget. The Southwest Mosquito Abatement District may proceed with building a new building and can be done without a mortgage with money from the Capital Project Plan. The new facility would cost less than two hundred fifty thousand dollars ($250,000.00) and be located in Hurricane on BLM land that would be given to the District for a one time nominal fee of approximately fifty dollars ($50.00). Currently staff is working out of various buildings and locations.
Council Member Roberts - no report
Council Member Jolley ran in the Run Run Reindeer fun run. Red Mountain Running had everything set up and the run brought in runners from outside of the community.
Council Member McDonald attended the Solid Waste Meeting where the amended budget and the 2011 budget were approved. There was a discussion regarding recycling cardboard, placing more containers in the area, the cost and looking into whether or not there is a market in the private sector. Recycling has increased from last year and there will be a presentation to the City Council in the future regarding funds to be provided to the City for the recycling that has occurred using the binnies.
Council Member Elwell - no report
Mayor Hart has been involved in some discussions that led to a meeting with the County Commissioners and the Mayors from Washington County concerning the Southern Utah Shooting Sports Park. There are five (5) clubs that have venues there and when the Park was created, the BLM required a Board be established and that the Board create Bylaws and a Management Plan which the Board did not do. The current Director of the Board and some others prepared the Bylaws and there have been a lot of objections to those Bylaws. At that meeting there was a representative from the BLM as well as the Attorney for the County. It was determined that the BLM prefers to have the land granted permanently to the Park rather than leased. It was recommended and agreed upon that the Interlocal Agreement be dissolved. The County would then create a Special Service District where the property would be held by the County and administered like other service districts. Ivins Representative Chuck McCaffrey has tendered his resignation from the Southern Utah Shooting Sports Board and Mayor Hart publicly thanked him for his work as a Board Member. The City Council will likely see a resolution come forward in the near future regarding the dissolution of the Interlocal Agreement.
Judy Gubler reported on the sale of Pond Park and the purchase of the property on Center Street. The City anticipates the due diligence to be concluded by January 22, 2011 for both properties. Regarding the path lighting, Judy has asked Benny Sorensen to price out the bollards that will eventually be permanent. In the winter the solar lights do not have enough power through the night.
| D. |
City Attorney, Dale Coulam |
No report.
| E. |
Items to be placed on future agendas |
Mayor Hart requested there be a discussion of alternatives to the Tuacahn Detention facility on a future agenda.