All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Director of Finance Alan Rae,
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
and
City Engineer Chuck Gillette.
EXCUSED: None.
Audience: Mark Howard, Lynn Hogan, Donald Chavez, Bob & Marilyn Deschepper, Chris Holub, Claudette Larsen, George & Cherie Stoddard, Lance Anderson and others who did not sign in.
All members of the City Council were present. Council Member Mendenhall was excused at 7:00 p.m.
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.
Alan Rae referred to the CAFR (Comprehensive Annual Financial Report) and indicated it will be available on Ivins' website tomorrow morning. The Introductory and Financial Sections as well as the Federal and State Audit Reports, have been audited by an Auditor. The Management’s Discussion and Analysis section is a summary of the financial activities and is presented in a way that makes it easier to understand.
Stan Seegmiller, with Savage, Esplin & Radmall, stated their firm appreciated the opportunity to audit Ivins City. He referred to their Independent Auditors’ Report, a copy of which is available by request through Ivins City Hall. None of the Departments or areas was overspent. There is a good reserve built up in the General Fund at 17.8% and that cannot exceed 18%. He further stated that Ivins City is very well run and there is a feeling of quality and expertise when working with Ivins' staff. Ivins is fortunate to have a Director of Finance with the abilities of Alan Rae. He indicated there were no findings for Ivins City and in his experience as an auditor, he has never seen a "No Findings" until now and he commended the City for that. Judy Gubler expressed her appreciation for the work Savage Esplin & Radmall provided and indicated this is the earliest audit the City has ever been presented with. Judy Gubler referred to two awards Alan Rae received on behalf of the City and the auditors' letter of No Findings. She thanked Alan for all of his hard work.
Alan Rae referred to a PowerPoint presentation, a copy of which is available by request through Ivins City Hall. Tax revenue related to sales, franchise taxes, and licenses and permits are up. Expenditures in all areas are under budget at this point, with the exception of the Public Safety Department but it is expected that department will be within their budget as the fiscal year continues. Council Member Roberts inquired if the budget is broken down monthly and Alan Rae indicated "yes". Council Member Densley inquired as to the biggest contributor for the sales tax revenue increase. Alan Rae stated that comes from the State of Utah. Their sales tax has increased and it is distributed to the communities in the State based on population.
Kevin Rudd reported on the following: building permits are continuing to increase; Ivins has been assisting Santa Clara with building inspections; the Sensitive Lands Committee is continuing to look at the Sensitive Lands ordinance; and there is a potential for development on Main Street near Highway 91 on some land that consists of approximately 10 acres. Council Member Densley inquired how many homes in Santa Clara were condemned because of the flooding. Kevin Rudd stated he was not aware of any that were condemned.
Dave Glenn reported that Ivins City staff has been assisting Santa Clara with cleaning up after the floods. He provided a written report to the City Council, a copy of which is available by request through Ivins City Hall. He referred to the recent flooding and indicated he received information from The National Weather Center that indicated the amount of water Ivins received from the rain storm was equivalent to a 1000 year storm event. The amount of water Ivins received from the rain overwhelmed the storm drain, it went into the sewer system and overwhelmed the sewer system. He submitted damage costs to FEMA (Federal Emergency Management Agency) and it may be possible to be reimbursed for the labor, man hours, equipment used for cleanup and for damage sustained to the Main Street outfall line and loss of rip rap through various areas of the City. Council Member McDonald stated he had family in town recently and they commented on how clean the community is. Council Member Densley indicated that Public Safety Director Bob Flowers should be commended for issuing the evacuation order when he did because it saved lives.
Council Member Roberts referred to the Suncrest West area and stated he noticed there were some areas that didn’t handle the water from the storm very well. He inquired if that issue is being dealt with. Dave Glenn indicated it is. The storm drain that is there wasn’t sized and built to handle off-site drainage. They discussed in the TRC (Technical Review Committee) meeting today about installing a storm drain closer to the Suncrest West development and running it to 200 West. That will need to be designed because it flows uphill in that area. The project has not been budgeted for but the City is trying to mitigate the situation. The developer also told the City he is going to build a berm up on Center Street. Council Member Roberts inquired if the homes that were damaged qualify for reimbursements from FEMA. Dave Glenn stated they would not because the threshhold is a minimum of 100 homes.
Chairperson Adel Murphy referred to Council Member Roberts inquiry regarding reimbursement through FEMA and indicated there may be some relief from the home owners' property tax through the Washington County Assessors Office.
The Planning Commission held two (2) Public Hearings. The first hearing was on a Class IV Conditional Use application for a casita/guesthouse on Docena Drive. The second hearing was to consider amending the Ivins City Code to amend the warranty period for subdivision improvements. The Standard Design Specifications language was changed to a (2) two year warranty period and amending Ivins Code would conform with the specifications. The Planning Commission also discussed the zoning ordinance relating to Non Residential Zoning Districts and establishment of Zoning Districts.
Mayor Hart indicated there were approximately fifteen (15) entries submitted. The City Council recommended a group of judges score the entries and then recommend the top three (3) entries. He provided a letter from one of the judges, Steve Jolley, to the City Council. A copy of the letter is available by request through Ivins City Hall. Currently the costs remain unknown but will be an important consideration.
Council Member Mendenhall stated any idea that is settled on will have to be rendered by a professional. There are several different ideas with similar themes. The themes range from desert landscape/xeriscaped, historical/pioneer sculpture, Native American and wildlife. She spoke with the judges and agreed that the project should be community oriented as much as possible. There may be a way to combine a lot of the ideas into one idea that the City Council may be able to agree on. Mayor Hart referred to Ed Hlavka who is the artist for the horses in the main entrance roundabout to Ivins. Mr. Hlavka also submitted an idea for the new roundabout. He inquired of Mr. Hlavka as to costs for a sculpture. Ed Hlavka indicated the cost of bronze has increased but the cost of production has decreased. A life size sculpture ranges from $45,000-$65,000 but if you have a collage of three (3) or four (4) sculptures, that can done for a similar cost. Any budget can be met with scaling and size. He loves the thought of giving back and would be interested in participating in the project even if his submission is not chosen. The Mayor and City Council discussed various themes, including Ivins heritage of going from nothing to where it is now and possibly incorporating an individual digging a ditch with things behind him, such as recreation, pioneers, petroglyphs, Native Americans and wildlife. They requested the submissions be given to them electronically so they may review them and discuss at a future City Council meeting.
MOTION: Council Member Roberts moved to table this agenda item until the City Council has had a chance to review the submissions
SECOND: Council Member Mendenhall
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Dale Coulam stated this request came from Noel Broadbent who has a disabled child. If the City Council decides to proceed with the amendment process, staff needs direction on how to draft the amendment and suggested the parameters be as narrow as possible.
Council Member Densley indicated it seems like this is a long drawn out process and expensive for the individual requesting the exception and inquired if there was another way. Mayor Hart referred to the annual review period where residents can request items be reviewed and suggested that may be an option. He would not want to see a precedence set where the City abandons the regular amendment process. Council Member Roberts suggested it may be time for the City Council to review the Transportation Master Plan again and reassess whether 200 East will ever be a major road into Ivins. Council Member Elwell stated the Council needs to keep in mind that the City has already acquired the right-of-way for the Western Corridor that connects to 200 East, which will impact the traffic flow on 200 East. Dave Glenn indicated reviewing the Transportation Master Plan requires a consultant to do the modeling and to make the amendments. The process is expensive and has not been budgeted for. An audience member, Chris Holub, requested to speak regarding the access issue and Mayor Hart agreed. Chris Holub resides at 541 South 175 East and he is Noel Broadbent's neighbor. Mr. Holub is a Special Needs High School Teacher and stated the Washington County School District requires door to door drop off for school age special needs students. It's likely this issue will come forward to the City Council by the School District when Mr. Broadbent's child begins school. Dale Coulam suggested discussing that with the Technical Review Committee (TRC). If that is a requirement and there is mandated language, the City might be able to make the change without going through the process to amend the Transportation Master Plan and then budget to review the Transportation Master Plan in the future.
Council Member Densley suggested the City contact the School District to determine what the requirement is. The Mayor and City Council agreed.
Judy Gubler stated items 5)C and D are by request from Kayenta Community Development and are based on the way Kayenta develops their subdivisions. The Addendums benefit and are an advantage to the City.
MOTION: Council Member Roberts moved to approve the Addendum to the Master Plan/Development Agreement for the Posovi II Subdivision and the Taviawk IX Subdivision
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| D. |
Addendum to the Master Plan/Development Agreement for the Taviawk IX Subdivision |
See Motion under agenda item 5)C above.
Council Member McDonald indicated he has a minor clarification for the minutes. Council Member Roberts stated he had a question regarding item 6)B.
| A. |
Approval of Meeting Minutes for September 6, 2012 |
Council Member McDonald indicated in the City Council Reports section, the minutes indicate he attended the meeting that he was reporting on. He went over the information with the Director but was not in attendance at the actual meeting.
MOTION: Council Member McDonald moved to approve item A as amended
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| B. |
Approval of cooperative agreement with UDOT for funding of State Park Access Road to Snow Canyon |
Council Member Roberts stated he is concerned with the language in the agreement that does not guarantee funding to the City. Judy Gubler indicated there is no guarantee. UDOT (Utah Department of Transportation) has said Ivins City qualifies for the funds. They don’t have the money this year but may next year. Ivins has budgeted for the project and if Ivins receives the funds, it will allow Ivins to do the next project.
MOTION: Council Member McDonald moved to approve item 6)B
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Council Member Elwell - no report
Council Member McDonald - no report
Council Member Roberts - no report. He inquired if the Council is supposed to be present to cook breakfast for Heritage Days. Judy Gubler indicated they should be there at 7:45 a.m. at the Ivins City Park on Saturday, September 22nd. Mayor Hart apologized for not being able to attend Heritage Days. He has a family situation and will be out of town but thanked Jenny Johnson and the committee for their hard work.
Council Member Densley - no report
Mayor Hart provided an update on municipalization of power. Dixie and Deseret Power would like service to move from Rocky Mountain Power to Dixie Escalante members. The City Attorney has pointed out a fairly serious legal issue related to that. Converting to a municipal power provider is not the same thing as shifting from one commercial power to another. The City of Santa Clara has come forward with a proposal to the City to provide maintenance of the system. It would be economical for Ivins City to handle the administrative side of it and add another service on the bill for power. Another entity that is coming into the mix is UAMPS (Utah Associated Municipal Power Systems) where members purchase generating capacity. At the last DTEC (Dixie Transportation Executive Council) meeting there were some significant changes and new requirements as to how federal funding is distributed. Mayor Hart met with Governor Herbert today in Santa Clara regarding the dike. The Governor has officially signed a Declaration of Emergency for the area and FEMA funds will become available. Mayor Hart also had the opportunity to discuss the Tuacahn Detention Basin with the Governor and it was explained that Ivins only has a two (2) month time frame to build it, that being in January and February.
Judy Gubler attended a meeting regarding the Suntran bus service. The City will need to get serious about determining where the bus stops are going to be. Santa Clara does not have the funds to participate so Ivins would need to finance the whole bus system into Ivins. The cost of that is $170,000 and the City has budgeted $60,000. Ivins would need to use funds from the General Fund for the difference. Council Member McDonald inquired if Santa Clara has projected when they would have the funds to participate. Judy Gubler indicated they may be able to buy into the bus system in the future but when is not currently known. She thanked Ivins staff for assisting with the Santa Clara flooding.
| D. |
City Attorney, Dale Coulam |
No report
Mayor Hart referred to the Citizen Comment and indicated it wouldn't necessarily be an agenda item but the City could discuss it with the homeowners as requested. It appears there is an engineering problem and there should be a way to fix it. Judy Gubler indicated the discussion or agenda item could be what the policy is. The City relies on the developer to install improvements but the abutting land is not developing. She suggested reviewing this with the TRC (Technical Review Committee). Council Member Densley suggested the City talk to surrounding land owners about building cofferdams to retain the water. Council Member McDonald is concerned with the liability if they broke. Council Member Densley suggested Dave Glenn and Chuck Gillette look at this issue and report back to the City Council.