All present included
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,
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
City Engineer Chuck Gillette,
and
Director of Finance Alan Rae.
EXCUSED: None.
Audience: Lesley Mendenhall, Kevin Jenkins, 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 are residents of the Historic Township as it relates to item 5)J on the agenda. There were no other disclosures or conflicts of interest with items on this meeting’s agenda.
Kevin Rudd reported there have been 68 building permits issued so far this year. Contractors are building and selling spec homes and it appears the building trend is continuing to increase.
Dave Glenn reported that Myron Lee with the Dixie MPO (Metropolitan Planning Organization) had concerns regarding an amendment to the Transportation Master Plan as it relates to roundabouts, particularly for roundabouts on the western corridor. A study was done by the MPO and a copy of the study was provided to the City Council Members. A copy is available by request through Ivins City Hall. Myron Lee was present and Mayor Hart invited Myron Lee to speak about the study. Myron Lee indicated the primary concern regarding roundabouts was the capacity constraints of roundabouts on the following corridors: Highway 91, the Western Corridor and Snow Canyon Parkway. The MPO looks at current land use plans, current traffic volumes, speeds, trip demand and that data goes into a computer and the calculations are used as a model to project traffic volumes. Population projections for Washington County has doubled every decade since 1970 and it is projected that will continue over the next 3 decades. The MPO applied that transportation model to the corridors identified above to determine if roundabouts would cause an impediment to the traffic flows. Based on the current Land Use Plan, roundabouts throughout the Western Corridor between Highway 91 and Snow Canyon Parkway should be sufficient to handle the traffic flows and volume speeds. The one intersection that is in question is at Highway 91 and the Western Corridor in the 2030 to 2040 year time frame where there may be some traffic stressors. The one warning caveat is that if Ivins decides to change the land density plan that would have an affect on the model and projections.
Chuck Gillette reported on the Historic Township improvements and stated the contractor has been having some issues with the concrete expansion joints and the City is requiring the contractor to fix those. The design plans for the roundabout on Center Street at Snow Canyon Parkway and Snow Canyon Drive are at 90% completion and the City will be meeting with the consultant on Monday November 21, 2011. The City expects the plans to be completed in December, 2011. Regarding the Veterans Administration facility, the City submitted answers to potential contractors regarding impact fees and it appears the VA facility will begin construction in the spring of 2012. The Sensitive Lands Committee made a presentation to the Planning Commission and the Planning Commission requested the Sensitive Lands Committee to review the Sensitive Lands Ordinance in depth and make recommendations to the Planning Commission. Council Member Roberts referred to the roundabout and the services of a professional will be utilized and inquired as to the cost of that professional. Chuck Gillette stated it is $800 per parcel and there are four (4) parcels. Judy Gubler clarified that cost is being paid for by UDOT (Utah Department of Transportation).
Chairman Reed reported that the Planning Commission approved a final plat for Suncrest West phase 4 and continued to work on the zoning ordinance. The Planning Commission is not changing the intent of the ordinance but trying to make the ordinance an easier tool for everyone.
Melanie Abplanalp with the Washington County Clerk’s Office provided Election Summary reports of the election night results. Copies of the reports are available by request through Ivins City Hall. The official election results are as follows: There were 4 precincts that reported with a total of 2921 votes. The candidates received the following number of votes and percentages:
Glen Andersen 476 - 16.30%
Lance Burton Anderson 398 - 13.63%
Tim Bryan 417 - 14.28%
Ron Densley 507 - 17.36%
George E. Elwell, Jr. 620 - 21.23%
Lesley Mendenhall 503 - 17.22%
The three (3) candidates that will be serving on the City Council for a four (4) year term are: Ron Densley, George E. Elwell, Jr. and Lesley Mendenhall. Council Member Roberts inquired how many provisional votes were not counted. Melanie Abplanalp indicated four (4) were not valid and not counted.
MOTION: Council Member Jolley moved to approve Ordinance No. 2011-18, an Ordinance of Ivins City, Utah, certifying the information contained in the Canvass Report of the General Election held on November 8, 2011
SECOND: Council Member Rusick
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.
| C. |
Discuss and consider for adoption Resolution No. 2011-26R, a Resolution of the City Council of Ivins City, Utah (the "Issuer"), authorizing the issuance and sale of not more than $550,000 aggregate principal amount of sewer revenue refunding bonds, series 2011; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; delegating to certain officers of the issuer the authority to approve the final terms and provisions of the bonds within the parameters set forth herein; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; authorizing and approving the execution of a master resolution, a bond purchase agreement, and other documents required in connection therewith; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; and related matters |
Alan Rae stated this bond is a refinance of the Sewer Bond 1991-B series that has a current interest rate of 4.58%. The City is looking at the older bonds to see if there’s a way to refinance those and save the City money. The City is working with Zions Bank to find private placement for the fund. Council Member Elwell referred to the Sinking Fund and it indicating that is for a twelve (12) month period but that it reads beginning January 1st each year and ending June 30th of the following year, he indicated that is eighteen (18) months and not twelve (12). Alan Westenskow stated he will make sure that is changed to reflect a twelve (12) month period.
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.
| D. |
Discuss and consider for adoption Resolution No. 2011-27R, a Resolution of the City Council of Ivins City, Utah (the "Issuer"), authorizing the issuance and sale of not more than $2,225,000 aggregate principal amount of Class C road revenue bonds, series 2012; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of public hearing and bonds to be issued; providing for the running of a contest period; authorizing the execution by the issuer of a master resolution, bond purchase agreement, term certificate, and other documents necessary for the issuance of the series 2012 bonds; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution, and related matters |
Alan Rae indicated this is a parameters resolution starting the bonding process. The City has applied with the Community Impact Board (CIB) for the loan and Zions Bank has been working with other banks for placement in a position that is as good as or better than if the loan were to be through the CIB. The CIB has relayed to the City that the interest rate with the CIB would be 2.5% but the City does not know if that would require a reserve fund. The City has also been told by Wells Fargo Bank that their interest rate would also be 2.5% and they would not require a reserve fund.
MOTION: Council Member Rusick moved to approve Resolution No. 2011-27R, a Resolution of the City Council of Ivins City, Utah authorizing the issuance and sale of not more than $2,225,000 aggregate principal amount of Class C road revenue bonds, series 2012; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of public hearing and bonds to be issued; providing for the running of a contest period; authorizing the execution by the issuer of a master resolution, bond purchase agreement, term certificate, and other documents necessary for the issuance of the series 2012 bonds; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution, and related matters
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.
Dale Coulam indicated the City Council discussed this previously and requested that the request for the amendments be limited to the language of the zoning ordinance and not the uses or the zoning map designations/districts for property, that the time for Ivins residents to submit a consideration is on an annual basis beginning at the first of each year and the request is to be in writing. For those submitted as part of this review process, there would be no application filing fee. Those terms have been included in the Resolution. Council Member Rusick inquired if there have been any requests in 2011. Judy Gubler stated some have made application and paid the fee. Dale Coulam indicated he expects that there will be at least one person make a request. Council Member Rusick inquired if the City is going to have a way to control the number of requests or know how much time it is going to take to process the requests. She also inquired if the zoning ordinance covers what the process is going to be with regard to how many public hearings have to be held and similar. Dale Coulam stated the procedure would have to follow the ordinance. Adopting the resolution would allow individuals to come forward during the period of time outlined, file a written request for the type of zoning amendment identified in the resolution and there will be no filing fee associated with the request. The requests would be considered together and the City would then proceed with the process of noticing for a public hearing. If an individual were to make a request in January, 2012 they would have to wait until January, 2013 for their request to be considered at no cost to them or they could opt to submit an application and pay a fee for their application to be addressed sooner. Council Member Rusick indicated she has a lot of concern about this because she doesn’t know how the City is going to keep from having to address frivolous requests that will cost the City a lot of money in staff time to process. There could also be major requests that could have a strong impact on the people of Ivins, being done for nothing. Somebody is going to have to pay for staff time. Currently the City charges $1000 for the application fee because it costs the City that amount to go through the process. The Council would now be burdening the entire city, every tax payer in Ivins, to pay for something that’s a personal issue of an individual. She doesn’t feel that is right, staff is going to be overburdened and it is a bad idea. Council Member Roberts stated he disagreed and feels it is an opportunity for the City to be more service oriented to the residents of the community, which is the purpose of government especially on a City level. If there are some wrongs in the ordinance that need to be seen to then this process is appropriate. There are a lot of people who cannot afford the $1000 application fee and giving them the opportunity is money well spent on behalf of the citizens of Ivins. If the process becomes burdensome or frivolous, the Council can change the process. Council Member Rusick indicated there are individuals who cannot afford the application fee and maybe that should be considered but there are others who can afford to pay the application fee. Council Member McDonald inquired if the cost is $1,000 per request and as an example, if there were ten (10) requests, would the cost to the City be $10,000. Dale Coulam stated the fee doesn’t include the cost of staff time because in advance it is difficult to estimate how long an application is going to take. The fee primarily covers the publication costs for two (2) public hearings. It would not necessarily mean ten (10) requests equal $10,000. The City would hope to have ten (10) requests processed for $1,000 by consolidating the requests as much as possible. Council Member Elwell indicated he shares some of Council Member Rusick’s concerns, but if the new process doesn’t work the Council can go back to the way it’s currently being done. Council Member Jolley stated the points Council Member Rusick made are valid and the new process is an experiment, but agreed that the City should take the opportunity to be citizen friendly.
MOTION: Council Member Roberts moved to approve Resolution No. 2011-23, a Resolution of Ivins City, Utah, authorizing a free annual zoning ordinance amendment period
SECOND: Council Member McDonald
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
NAY |
Roll call vote. Four (4) Council Members voted in favor and one (1) Council Member voted in opposition.
Dale Coulam indicated Ivins storm drain fee documents provide a mechanism for an estimate of impervious area to be used unless there’s actually a study performed. In the case of Tuacahn, in favor of Tuacahn, Ivins didn’t use the 90% of the entire property as the documents would have allowed. Instead it was 90% of the developed area. The option was always there for a property owner to have a study done and to calculate what the actual impervious area was and to then have a rate assessed at that fee going forward. Tuacahn hired a consultant to perform a study and, as a result the impervious area was reduced. It is Ivins' position that that will then mean the rate is lowered prospectively. The consultant on behalf of Tuacahn argued that it should apply retroactively, going back four (4) years. The Settlement Agreement and Release before the Council is a resolution of that dispute.
MOTION: Council Member Jolley moved to approve the Settlement Agreement and Release between Ivins City and Tuacahn Center for the Arts as proposed
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 |
Judy Gubler stated the City Council’s meeting schedule is required to be adopted on an annual basis.
MOTION: Council Member McDonald moved to approve Ordinance No. 2011-17
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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam indicated the proposed amendments to Ivins existing ordinance are for uniformity of the ordinances throughout the county.
MOTION: Council Member McDonald moved to approve Ordinance No. 2011-16
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.
Dave Glenn previously reported on a new federal standard for sign retroreflectivity that requires the Council’s approval. He stated local public agencies have until January 2012 to establish and implement a sign assessment or management method to maintain minimum levels of sign retroreflectivity. Based on Ivins ability with GIS and sign management in the work order program, staff recommends the City use the Expected Sign Life policy. Adopting the policy will get Ivins in compliance with the federal requirement but does not preclude the City from looking at alternative retroreflectivity options for signs in the future.
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.
Judy Gubler indicated Utah State law requires cities to adopt a final assessment list, the interest rate and provide for a time that the assessment may be paid off without interest. Regarding interest, discussions with the property owners have been that the interest is 3.5% but the actual interest rate is 3.25%. The City is anticipating all of the information for the final assessment to be provided to the affected residents in December, 2011.
Council Member Roberts referred to the Board of Equalization Report of Findings that identified a list of properties to be considered but not recommended for adjustment since no representative had appeared at the hearings and proposed those properties be given the adjustment. Council Member Rusick referred to the April 7, 2011 meeting where the Board of Equalization gave their Report of Findings. Dale Coulam read the following from the April 7, 2011 City Council Minutes: "Council Member Rusick indicated the rationale behind not seeking out the individuals who might be eligible for an adjustment but who did not appear, was based on other benefits that are available to individuals but the individuals need to ask for those benefits, such as the earned income credit, the homestead exemption and similar benefits. The government does not give those automatically. An individual has to ask for them. Mayor Hart thanked the Board of Equalization for a job well done and Council Member Rusick thanked Chuck for his work on the report." The corrections to the assessment list have not actually occurred yet so Council Member Roberts could ask the Council to consider making additional adjustments beyond what the Board of Equalization reported and recommended. The final assessment list the Council has in front of them at the meeting tonight took into account any payments that had been made. As part of the resolution tonight, the Council would be adopting the final assessment list that currently contains the corrections recommended by the Board of Equalization. There has been no previous action on correcting the assessment list and the Council can consider any further adjustments that the Council would want to make. Mayor Hart inquired if Council Member Roberts proposal moved forward if that would require a revision of all of the assessment numbers to compensate for the approximately $7500.00 difference. Judy Gubler stated the City would have to pick up the difference. Dale Coulam indicated the Council would adopt the final assessment list as amended for specific properties and those numbers would be re-calculated for those properties only. By doing that the City is picking up a slightly larger share of the expense. Council Member Elwell referred to the list of properties Council Member Roberts identified and inquired if the potential adjustment is specific for existing improvements along Center Street. Council Member Roberts stated "yes". Council Member Elwell inquired if there are other individuals within the City that had they applied for an adjustment, other than those identified on the list of properties that Council Member Roberts referred to, would have been granted some relief. The City is extending to a certain group of individuals, an opportunity not extended possibly to others within the City and to him that is going a direction he is uncomfortable with. If the City can assure that the individuals on the list of properties identified by Council Member Roberts are the only individuals who would have gained relief had they applied, he would not have an issue extending the courtesy to those property owners. Council Member McDonald indicated he thinks it would be a fair thing to grant Council Member Roberts proposal. Dale Coulam stated that to clarify, Council Member Roberts referred to an exhibit that was prepared by the City Engineer and to the extent that his motion is limited to that list, he will not express an objection. Going along the lines of Council Member Elwell’s comments, the City needs to make it clear that the City is only granting adjustments to the few similarly situated properties specifically listed on the City Engineer's exhibit. If the City limits the adjustments to that list he is ok with that, but he is uncomfortable saying there would have been no other objections made had somebody appeared at the hearing. That’s the purpose of the hearing and that’s the purpose of the statute to say if someone doesn’t bother to appear at the hearing even though they have received notice of the hearing, then the right to make an objection has been waived. Council Member Jolley indicated he thinks the adjustments per Council Member Roberts' proposal are the right thing to do and agreed with Council Member Elwell’s reservation. Dale Coulam suggested attaching the exhibit with the list of properties for adjustment to the minutes and Alan Rae would then make the adjustments. If the Council were to go in that direction the Council would adopt the final assessment list as corrected which includes the City Engineer’s report for similarly situated properties along Center Street that already had the curb radius and side walk installed on the corners. The Council could proceed with the action tonight and indicate in the motion "as corrected". Council Member Elwell stated that in light of the clarification by the City Attorney he is not uncomfortable with including those on the list for adjustments. Council Member Rusick agreed also if the City Attorney is confident that this can’t open the door for somebody else coming in and saying they didn’t appear but they think their assessment was wrong. Dale Coulam indicated he is confident in that statute talks about the Board making a report and leaves to the Council the authority to make the actual corrections. In this case the report included some specifically referenced properties which the report said the recommendation was that those properties not be included in the correction. In essence what the Council would be doing tonight is saying "thank you, we understand your concerns but we would like to include those additional corrections." It’s not saying that for anyone who might have had an adjustment had they appeared at the hearing the City would have corrected their property too. The adjustments are limited to a specific group of properties set forth on a report by the Board of Equalization and given to the Council.
Mayor Hart requested Dale Coulam provide recommended language for the motion. Dale Coulam stated it would be to adopt Resolution No. 2011-25R as stated on the agenda item which includes the adoption of the final assessment list as corrected, by including the corrections referenced on the City Engineer’s report for properties situated on Center Street that already had corner curb and gutter radius and sidewalk installed.
MOTION: Council Member Roberts moved to approve Resolution No. 2011-25R, a Resolution of Ivins City, Utah levying an assessment against benefitted property within the Special Assessment Area for the Historic Township (Assessment Area No. 2010-01) which includes the adoption of the final assessment list as corrected, by including the corrections referenced on the City Engineer's report for properties situated on Center Street that already had corner curb and gutter radius' and sidewalk installed
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.
Council Member Jolley - no report
Council Member Rusick reported she attended a meeting on November 10th with the Southwest Mosquito Abatement District. They are going forward with a new building in the industrial park area near purgatory. There will be a Public Hearing in the middle of January, 2012 in Hurricane and she suggested someone from the Council attend that hearing.
Council Member Roberts reported the ground breaking for the Veterans Home will be on Thursday, December 1, 2011 at 1:00 p.m. Governor Herbert will be in attendance.
Council Member McDonald reported the methane is being dealt with at the County Landfill.
Council Member Elwell - no report
Mayor Hart has reported that Utah has officially opposed the proposed levy/toll by the State of Arizona for the I-15/gorge road and it's possible that Nevada has also opposed it. He reported that he received a call from an individual by the name of Arthur Ivins who is a former Thunderbird pilot. Mayor Hart took him on a tour of the City and Mr. Ivins thinks the City is beautiful and well planned.
Judy Gubler provided follow-up notes from the last City Council meeting. A copy of the notes are available by request through Ivins City Hall. There will be a Newly Elected Officials Training Workshop on December 17, 2011 in Cedar City. The Christmas Party will be held on Friday, December 16, 2011 at 6:30 at Tuacahn. Department Heads will be cooking for staff.
No report
| E. |
Items to be placed on future agendas |