All present included Mayor Hart,
Council Member McDonald,
Council Member Jolley,
Council Member Roberts,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
EXCUSED:
Council Member Elwell
Audience: Kevin Lewis, Arnie & Ellen Nathan, Lynn Jorgensen, Les Covey, Norm Baker, Jeff Scheidle, Bill Toole, Ron Lee, Kenneth Anderson, Skip Blythe, Don Best, Angelo Disante, Kevin Jenkins, Ryan Sudweeks, Mike Crockett, Lance Bunnell and others who did not sign in.
Mayor Hart acknowledged there was a quorum and excused Council Member Elwell.
Council Member McDonald led the Flag Salute.
Council Member McDonald gave the Invocation.
There were no disclosures or conflicts of interest with items on this meeting’s agenda.
Mayor Hart indicated the Ivins Princess Pageant Royalty is in attendance at the meeting tonight and he had the pleasure of attending the Princess Pageant on Saturday April 16th. The new Miss Ivins is Missy Madsen, First Attendant is Kamri Hafen, Second Attendant is McKensy Madsen and Miss Congeniality is Megan Leydsman.
Missy Madsen, Kamri Hafen and Megan Leydsman stated they are in the 8th grade at Snow Canyon Middle School and are excited to represent Ivins. McKensy Madsen stated she is in the 11th grade at Snow Canyon High School and is the older sister of Missy Madsen. She is also excited to get involved and represent Ivins City for the next year.
Mayor Hart introduced the Pageant Director Tonya Horlacher and Assistant Pageant Director, Heather Kunde. Tonya Horlacher indicated they begin advertising for the pageant in January, the workshops begin in February, the pageant contestants prepare an opening number and practice every Saturday. The pageant contestants prepare for their interview, filling out paperwork and the workshops teach the contestants life skills. There were approximately 300 individuals in attendance at the pageant. Mayor Hart thanked Tonya Horlacher and all of those involved in the pageant.
Kevin Lewis with the St. George Tourism Council indicated this event two (2) or three (3) years ago wasn’t thought of in St. George and it took a lot of effort to bring it to the area. There has been a lot of cooperation between civic officials, public safety departments and many others. The first year for this event was last year and it was very successful. He provided a video presentation on the Ironman. The video presentation consisted of commentary from professional and amateur athletes that participated in the event last year. Sports Travel Magazine named Ironman St. George one of the top five (5) best new sporting events of the year. In the post event race survey of participants from 2010, 98% percent of the participants gave the St. George area, the community, and the way the race was handled, the highest possible rating. Sports Event Magazine named the St. George area as one of the destinations to watch in 2011 for hosting sporting events. There were 2150 athletes last year with approximately 9,000 total visitors. 52% of those visitors were first time visitors to the area. 68% of the visitors said they planned to come back to the area for a vacation and 38% planned to come back to the area to train during the winter. The economic impact was between $7 and $8 million dollars for 2010. For this year, the Ironman has 2066 athletes registered from 49 states and 36 countries. 316 athletes are from Utah and 72 of those athletes are from Washington County. The champions from last year, Michael Weiss from Austria and Heather Wurtel from Canada, will be back as well as several other athletes who participated last year. 82% of the athletes in the race this year are men with two of those men being over the age of 70. There are 20 participants over the age of 65. The course is one of the toughest, if not the toughest, Ironman in the world. He referred to the Ivins Fitness Festival and indicated the Festival was one of the key elements needed along the race course. There will be shuttles from St. George and Tuacahn to the Ivins Fitness Festival. Ironman needs volunteers and if anyone is interested in volunteering they can contact Colby Neilson at
www.ironmanstgeorge.com and click on the "Volunteer" tab. The Ironman competition will be held on Saturday, May 7, 2011 in Washington County, Utah.
Kevin Rudd reported the City has issued approximately twenty (20) single family building permits since January. Code Enforcement is being handled by Tracy Marrott in the Public Safety Department. Tracy has been working on weed control and sent out several courtesy notices. If there is no response to the courtesy notices, they will be taken to the next level of code enforcement. The City recommends mowing the weeds rather than discing to help keep the dust down.
Dave Glenn indicated Jason Sjo, one of Ivins Public Works employees, is training for the Ironman competition. Jason rides his bike to work from Hurricane and sometimes after work he runs before he goes home. Dave referred to the Historic Township Improvements and stated that the gas and phone utilities are in the process of being relocated. The contractor started lowering the water line on 200 North and Main Street. Curb, gutter and sidewalk have been installed on 400 North and 100 West north of 100 North. Curb and gutter will be installed next week on 350 North and paving is tentatively scheduled for May 2nd on 400 North and then on 100 West. Main Street and 100 North will likely be milled the first part of next week. The majority of the paving is completed on all of the cross streets from 200 South up to 350 North and west of 100 West. Staff has been replacing and relocating water services and reinstalling mail boxes and street signs. The street sweeper is being repaired and it is anticipated the Public Works Department will be sweeping the streets next week. When Staff gets caught up on the work, there are plans to install an irrigation line on 450 North over to the cemetery. An updated construction schedule for the Historic Township Improvements will be emailed to the Mayor and City Council Members as soon as it is received from the contractor.
Chuck Gillette referred to the roundabout that is planned at the intersection of Snow Canyon Parkway and Tuacahn Drive. There has been questions as to when construction will be starting on that roundabout. The City currently does not have the budget for construction. The engineering has been done for the project and the lines that are on the road will disappear after a few weeks. Chuck reported that the solar projects are complete and a ribbon cutting was held on Monday, April 18th at City Hall. The City is anticipating a solar display to be set up in the lobby at City Hall where an individual can perform a search on an iPad to see how much energy the solar panels are producing. Rocky Mountain Power/Blue Sky has funded the monitoring.
There was no one present from the Planning Commission. Mayor Hart reported that the Planning Commission and City Council Members participated in a discussion with the business owners and business property owners regarding the revision of the Zoning Ordinance relative to commercial uses. There will be a few more meetings with the business owners and business property owners as the City moves forward with the Zoning Ordinance revisions.
| A. |
Public Hearing on the Proposed Disposition of a Significant Parcel of Real Property (approximately 10 acres) located at the Southwest Corner of 200 East and 200 North in Ivins (Parcel Numbers I-SB-16-B & I-75-A-1-A-3), to the State of Utah for the Construction/Operation of a Utah State Veterans Nursing Home. Ivins City will hold a Public Hearing on the Proposed Disposition at 5:30 p.m. on Thursday, April 21, 2011 at the Ivins City Hall, 55 N. Main St., Ivins, UT. The Purpose of the Public Hearing is to Receive Input on the Proposed Disposition and for the Ivins City Council to Determine Whether the Proposed Disposition is for a Valid Purpose, i.e. Provides for the Safety, Health, Prosperity, Moral Well-Being, Peace, Order, Comfort and/or Convenience of the Inhabitants of Ivins City, and whether the Proposed Disposition is in Good Faith and for an Adequate Consideration when Considering all of the Benefits the City will Receive therefrom. An analysis of such benefits is available for review by interested parties at Ivins City Hall |
Mayor Hart indicated Ivins City’s Director of Finance, Alan Rae, prepared a benefits analysis. There are State mandated procedures a City is required to follow before a City can dispose of a significant parcel of real property. Conducting a Public Hearing is one of those mandates. Alan Rae stated the analysis process determines whether or not, through the benefits of the project, the City is going to receive adequate consideration when considering all of the benefits Ivins City will receive and if the project is going to provide for the safety, health, prosperity, moral well-being, peace, order, comfort and/or convenience of the inhabitants of Ivins City. The City hired appraisers Morley & McConkie and they appraised the property at $820,000.00. The City then went through the process of determining what benefits the City would receive from having the Utah State Veterans Nursing Home in Ivins. Some of the benefits were easy to identify and are in relation to improvements to the property, improvements to the road, sidewalks, other improvements that will be part of the project, as well as the impact fees that will be part of the construction process. There is also a section where the City uses estimates of number of residents the City will gain from the project. Alan Rae’s study, over a ten (10) year period, has a potential benefit of nearly $500,000.00 over and above the cost of the land. Once the City completed the study, it was given to the City’s Auditor, Lee Esplin, who reviewed Alan Rae’s study to see if Mr. Esplin would have the same point of view. There were some things that Mr. Esplin had a different point of view on. Mr. Esplin’s final analysis showed that the City would receive more of a benefit than the City would be giving up in giving the land for the project. Both of the analysis done determined the City would be receiving fair consideration for the property in awarding the property to the Veterans Administration for the Utah State Veterans Nursing Home project.
Dale Coulam indicated the appraisal on the property admitted it was "an extraordinary assumption" and that this particular parcel of property had a restriction as far as its use. It could only be used for municipal purposes. In doing the analysis the City went with the extraordinary assumption that the property could be marketed for full commercial use rather than a value as a restricted parcel. The benefits that the City talks about receiving from this parcel, had the City continued to retain the parcel and the develop it itself, the City would not pay itself any impact fees and the City would have to put in all of the improvements from City funds. The analysis contains real and direct benefits to the City. Alan Rae stated one of the points made in the appraisal is that the appraisal was done based on what the appraisers think the value is but the appraisers conceded in the appraisal that there is no current demand for commercial real estate within Ivins City. Two of the main comparisons to create the value were the park property that the City recently sold and the piece of park property the City recently purchased. The other comparisons are from other parts of the County.
Mayor Hart opened the Public Hearing. The Veterans gave a "HOORAH" from the audience. There being no other comments, Mayor Hart closed the Public Hearing.
Dale Coulam indicated there is currently a restriction on the use of this parcel. This property was originally donated to the City by a family and representatives of that family believe that if the same restriction were to be placed on another parcel of City property in the vicinity, which is near property that the family owns and the City recently purchased property off of Center Street near 600 East, that would be acceptable to the family. The resolution before the City Council contains the transfer of the restriction from the original parcel of property to the 10 acres of recently purchased property on Center Street and approximately 600 East and acknowledges the restriction previously existing on the 10 acres that will be used for the State of Utah Veterans Nursing Home.
MOTION: Council Member Roberts moved to approve Resolution No. 2011-08R
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Judy Gubler indicated there are three components to this process. The first component is the Resolution, the second component is the Real Estate Contract of Purchase and Sale and the third component is the Development Agreement. The Council has redlined versions of the contract and the agreement. There are a few minor changes that are not incorporated into the contract. There are a few language changes that need to be agreed to and the biggest issue is on page two (2) of the Development Agreement under "Project Plans". There was some confusion on the part of the State, thinking that as part of Ivins’ offer of property, the City was looking to inspect the project for compliance with actual building codes. Ivins does not have a project plan because the project is a design-build project, the City wants some language in the agreement that protects the City so the City knows in general terms what the City is getting when the building is constructed. The other issue is the "Warranty Period" for public improvements on page three (3) of the Development Agreement. The State is checking with their legal counsel to see if the warranty is included in some of the bonds the State already has. Those are the only two (2) remaining issues. The City Attorney has draft findings for the Council’s review. Judy Gubler recommended the City Council table this agenda item and that it be in final form for the Council to approve at the next City Council meeting.
MOTION: Council Member McDonald moved to table Resolution No. 2011-09R to the next City Council meeting
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Dale Coulam stated this is the Table of Uses where Beekeeping would only be allowed in the Agricultural 20 zone and the Residential Agriculture 5 acre zone.
MOTION: Council Member Rusick moved to approve Ordinance No. 2011-02, an Ordinance of Ivins City, Utah, Amending the Zoning Ordinance to Add Beekeeping as a Conditional Use
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Dale Coulam indicated this portion of the ordinance contains the regulations for Beekeeping. He requested input from the Mayor and Council. Council Member Rusick referred to section 6.9.103 item (2) which reads "A person shall not locate nor allow a hive on property owned or occupied by another person without first obtaining written permission from the owner or occupant." Council Member Rusick indicated that language re-opens the door to the bad situation in Kayenta. She thinks individuals should own the property where the hives are being kept. Council Member Roberts doesn’t agree and thinks it should be worded as it is currently in the draft ordinance. Council Member Rusick is concerned with re-creating the situation that occurred in Kayenta. Mayor Hart stated it is a common practice for beekeeping enterprises to place hives in an orchard setting or in a field for the benefit of the farmers and he would hate to see the City preclude that from taking place. Council Member Jolley agreed with Council Member Roberts. Council Member Rusick referred to section 6.9.110 item (4) that reads "As an alternative to criminal enforcement, a violation of this chapter may be enforced as provided in Title 4 of the Ivins City Code for code violations." She inquired who would make that suggestion and why would the City want a subjective alternative. Dale Coulam indicated it is already an alternative that exists. For example, with code enforcement, a nuisance is defined as a misdemeanor. Rather than prosecute it as a misdemeanor, the City brings the violation forward as a civil penalty before the City’s Administrative Law Judge. The process is quicker to administer and civil penalties are sometimes effective and other times they are not. The language in the draft ordinance before the City Council is to escalate the issue, starting with a first violation being an infraction, the next violation would be a Class C Misdemeanor and then to a Class B Misdemeanor. The original draft language stated there were several strikes against someone before enforcement would be addressed.
MOTION: Council Member Rusick moved to approve Ordinance No. 2011-03, an Ordinance of Ivins City, Utah, Regarding Beekeeping as presented
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Dale Coulam indicated that currently the Subdivision Ordinance requires Improvement Guarantees to be cash of some sort. That could be a cash deposit with the City or cash deposited with the bank and the City is then given an Irrevocable Letter of Credit. An escrow account can be set up with a bank or an escrow company. If the improvements were not done, there is cash available for the City to make demand on that cash to complete the improvements. The developers for Fitness Ridge have asked the City to consider accepting a surety bond as an improvement guarantee. The developer would pay a premium to an insurance company and the insurance company then provides insurance as a guarantee that the improvements would be completed. If the improvements are not completed, the City would file a claim with the insurance company and ask them to honor that claim. It is a promise to pay as opposed to cash in an account. A cash bond takes a lot of working capital away from developers. For an improvement guarantee, Ivins requires 125% of the Engineer’s estimated cost of all of the improvements. If the Council would like to address making a change, it would need to go to the Planning Commission to be discussed, a recommendation made and a Public Hearing held before it actually goes to the City Council for another Public Hearing and action. Council Member McDonald inquired if a surety bond is secure. Dale Coulam stated there is an increase in risk to the City due to the difference of holding cash instead of making a claim with an insurance company. The question is whether the trade off is significant enough for the City to consider the negative impact the requirement of cash is having on the developers and is the additional risk minimal enough to justify the benefit that might be received. Council Member Rusick indicated a significant factor is who the surety company is. If the City decides to allow surety bonds, she suggested the City ensure the surety bond is with a major viable secure insurance company. A typical provision in a surety bond specifies that the surety has the sole and exclusive right to decide whether any claims against the bond should be paid, settled or defended and there could be extended or delayed response by the surety to claims. It could take years to process. The principal and the indemnitors are generally required to agree that the surety’s decisions shall be final and binding on them and the remedy may not fully cover the needs of the City to finish the performance. A surety bond is riskier than cash. Council Member McDonald agreed but is trying to balance the risk with the opening of development opportunities for the City. Council Member Roberts suggested the City explore the possibility of accepting surety bonds as an improvement guarantee. The Mayor and City Council agreed that this issue should be addressed. The process will start with the Planning Commission.
MOTION: Council Member Roberts moved to allow the Planning Commission to discuss amending Section 15.05.905 of the Subdivision Ordinance to allow surety bonds as security for required Improvement Guarantees as an option
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Council Member Rusick reported she attended the Blue Sky electrical cord/ribbon cutting. She is pleased that some of the residents have taken action to make Ivins a Blue Sky Community. On April 30, 2011 there will be a medicine disposal at Hurst Ace Hardware from 10:00 a.m. to 2:00 p.m. As a matter of interest, late into Mayor Barney’s term, she went to Overton Beach and took pictures of the non-marina because there was no water there and provided those to the Council Members at the time. She recently went back and the road to Overton Beach is now closed. There is no water and there is no marina that exists there. She also went to the next marina which is Echo Bay and the boats are a mile or more away from the hotel.
Council Member Roberts attended the oversight committee with the Mayor regarding the Veterans Nursing Home. That project is going to be a great and positive project for Ivins and a great benefit to the Veterans. He applauded the Veterans, Mayor Hart, Judy Gubler and all those who put forth the effort for the project.
Council Member Jolley - no report
Council Member McDonald reported when he walked home from the last City Council he came across a teenage couple ages 15 and 14. The male was inebriated and the two were participating in adult activities. Mayor Hart requested that Judy Gubler have staff look into the lighting situation in the City Park and on the walking paths.
Mayor Hart reported a former City Council Member, Sandy Ransom, passed away today. She served the City well and the City is very appreciative of her and her family. Mayor Hart indicated he attended the Blue Sky ribbon cutting on Monday, April 18th at City Hall. The City was able to launch the Ivins Blue Sky Community Challenge. The Princess Pageant was a delightful experience and he is pleased with the Council approved a pageant scholarship. The Fitness Festival preparations are moving along well. The City needs another 40 volunteers and the Mayor requested the City Council Members approach their friends and neighbors about volunteering for the Fitness Festival. Mayor Hart reminded the Council that the City will be having an Easter Egg hunt and the pancake breakfast the benefits the Ivins Fire Department, on Saturday, April 23, 2011 at UNITY Park. Mayor Hart received a proclamation for Water Week May 1-7, 2011. Mayor Hart read the proclamation. A copy of the proclamation is available by request through Ivins City Hall.
Judy Gubler reported she will always remember Sandy Ransom’s dedication. Judy is often reminded of her when Council Member Roberts speaks. Sandy was a passionate protector of personal property rights. It was wonderful to know her and work with her on the Council. Judy Gubler reported that the City has seen an increase in vandalism in the City Park. The City will most likely lock the restrooms at 10:00 p.m. and re-open them in the morning. Judy attended the St. George Clara Field Irrigation Company meeting on April 20, 2011. Ivins City owns their largest share of irrigation water in that company and the City transfers that into Ivins Irrigation. Each share was originally equal to approximately six (6) acre feet which is nearly six (6)times what a share in the Ivins Irrigation Company is worth. Through some reallocation the shares were cut to approximately four (4) acre feet. Some of the agricultural users have filed a lawsuit to make their allocation whole and have the municipalities take a cut. Negotiations are taking place and she will let the Council know what is happening with that situation.
No report.
| E. |
Items to be placed on future agendas |