TOWN COUNCIL
will hold a Regular Meeting at 7:00pm on
WEDNESDAY,December 17, 2008
at the Town Hall, 114 South Mill Street, Virgin, Utah.
The pre-meeting work session will begin at 6:30pm.
WORK MEETING: 6:30 pm Town Hall
a. Discuss proposed change in VirginTown water rates, as a result of the Washington County Water Conservancy District rate increase starting January 1, 2009
Discuss response received to CUP conditions on Jack Ruggles Horse ride business
Discuss response received from Rio de Sion regarding documentation of a legal secondary access route
********AGENDA *******
REGULAR MEETING: 7:00 pm Town Hall
a.Call to Order – Mayor John Grow
b.Pledge and Opening Remarks
c.Declaration of Conflicts of Interest
NEW BUSINESS: (673-3548 Ext. 117)
d.Presentation on workforce housing – Darren James with 5 Counties Association
e.Discussion with possible action on a 1/1/2009 increase in Virgin Town water rates, in response to the Washington County Water Conservancy District scheduled increase.
f.Review with Possible Approval of the 2009 meeting schedule for both the Planning & Zoning Commission and Town Council.
g.Discussion with possible action on Building Permit Extensions for Vince Blackmore & Shane Anderson
h.Discussion of Fire Truck and Training Grant
i.Discussion of Eminent Domain Standards
j.Discussion of Conflict of Interest Standards
k.Discussion with possible approval of the June 25, 2008 and Nov. 19, 2008 Town Council minutes
OPEN FORUM: Limit to 2 minutes each.
COUNCIL COMMENTS: Discussion with Approval of:
l.Review of Invoices & Checks – Nov 2008
CLOSE:
m.Public Meeting
OPEN: Executive Session (if needed) for litigation and/or personnel matters.
ADJOURN:
n.Meeting
Ray Golata, Town Clerk
Posted at the following locations on the 15 day of December 2008: Virgin Town Hall 2. Virgin Post Office 3. Red Coyote Cafe
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communication aids and services) during this meeting should notify Ray Golata, Town Clerk at (435) 635-4695, at least 24 hours in advance.
FINAL
VIRGIN TOWN COUNCIL
MEETING MINUTES
Wednesday, December 17, 2008
Present:
Members:Lee Ballard, Mayor Pro Tem
Bill Adams
Bruce Densley
Luke Stevens
Others:Karri Olds, Assistant Town Clerk
Sandra Grow, Fire Chief
Darcey Spendlove
Alan Lee
Lori Rose
Excused:Mayor John Grow
WORK MEETING
a.Discuss Proposed Change in VirginTown Water Rates, as a Result of the Washington County Water Conservancy District Rate Increase Starting January 1, 2009.
b.Discuss Response Received to CUP Conditions on Jack Ruggles Horse Ride Business.
It was noted that no response was received from Jack Ruggles.
c.Discuss Response Received from Rio de Sion Regarding Documentation of a Legal Secondary Access Route.
Lee Ballard thought more information was needed on the secondary access route. Bruce Densley suggested an opinion be obtained from the Town Attorney. Council Member Ballard had a list of items that needed to be considered before making a decision including:
1.Planning and Zoning Commission and Town Council Meeting minutes dealing with the preliminary and final plat.
2.The findings from all four of the above-referenced meetings.
3.Obtain dates the IFC appendices were adopted.
4.Engineer and Fire Authority sign off reports for the subdivision.
Fire Chief, Sandra Grow, stated that there was a similar situation with Flanigan’s Cove. The initial concept was for 98 homes, which required a secondary access be provided . Bill Adams thought the request should simply be denied without a secondary access. Chief Grow stated that the applicants are claiming that they never needed a secondary access. Bill Adams contended that they do because the original approval is being changed and more lots are being requested. Lee Ballard suggested the existing economic climate be considered. Chief Grow stated that the applicants have known all along that a secondary access was required and never proceeded beyond the initial phase.
The applicant’s intent was to amend Phase 1. The Council understood that they did not have to allow that. Bruce Densley thought the first legal question to be resolved should be whether it is a recognized right-of-way. Lori Rose asked if there was such a thing as temporary secondary access that could be located at a future time when other aspects of the project come together. She believed development on that side of the river will eventually have a logical road framework.
Lee Ballard commented that if Rio de Sion is determined to be responsible for providing a second access they could presumably negotiate with the landowners to reach some kind of agreement. Bruce Densley stated that Rio de Sion claims that the access already exists. He thought it should be the developer’s responsibility to prove its existence. Lori Rose stated that rather than forcing the Rio de Sion developers to prove that it is a public access, they could instead be encouraged to work with the landowners to reach a contractual agreement for a temporary access until the future road is relocated at which time the logical road would become permanent. Luke Stevens was of the understanding that the developers already are aware that they can work with the property owners and have done so in the past.
Bruce Densley did not want to get involved in legal entanglements pertaining to the road issue. Lee Ballard explained that there are legal ways for a property owner to relocate a prescriptive easement. The consensus of the Council was to get a legal opinion from Town Attorney, Heath Snow. Bruce Densley thought it was important to get a legal opinion. He conducted independent research and found that Rio de Sion has had a transfer of six lots. He reported that the last legal lot transaction took place on February 20, 2008.
Bruce Densley referred to a previous discussion about the possibility of entering into an agreement with Springdale to provide animal control. If that were to occur, he questioned whether the Town would continue to maintain their own licensing or have one license for all of the participating communities. His recommendation was for the Town to maintain its own licensure and make sure that the master list is updated monthly. It was noted that licenses are renewed in January of each year.
Animal control fee issues were discussed. Bruce Densley asked if the fees should be in line with those of surrounding towns. In Springdale for example, the fee is $5 if an animal is spayed or neutered and more if they are not. In Virgin the fees are $10 if an animal is spayed or neutered and $20 if it is not. Virgin also offers a senior discount.
REGULAR MEETING
a.Call to Order – Mayor John Grow.
Mayor Pro Tem Lee Ballard called the regular meeting to order at 7:00 p.m.
b.Pledge and Opening Remarks.
The Pledge of Allegiance was recited.
c.Declaration of Conflicts of Interest.
No conflicts of interest were declared.
NEW BUSINESS
d.Presentation on Work Force Housing – Darren James with Five Counties Association.
Darren James introduced himself as a Community Planner for the Five Counties Association of Government. In that role he also serves as the ombudsman for the Dixie Area Work Force Housing Affordability Committee (DAWFHAC). He reported that the Committee was spearheaded by local elected officials to provide solutions to work force housing affordability issues. The realization was that home prices in the area have appreciated so much that the ability of many in the work force to afford housing was becoming increasingly difficult. The Committee put a plan in place to offer solutions to affordability issues and offer more work force housing opportunities. The Committee established their definition of work force housing, which includes people who make too much to qualify for affordable housing subsidies but not enough to purchase a home. The range was 60% to 110% of the area median income. Within that range, targeted homes were 1,100 to 1,600 square feet in size between $175,000 and $219,000.
The challenge the Committee was faced with was that housing prices have far exceeded salaries in the area. From 2002 to 2006 salaries remained fairly static at $49,000 to $51,000. Despite that, housing prices have increased dramatically. In 2002 for example, the average single-family home cost was $150,000. In the first two quarters of 2008, however, single-family home prices were just over $300,000 and entirely out of reach for those within the DAWFHAC price range.
Mr.James reported that the St. George metropolitan area ranked 191 out of 222 in affordability in the United States. Within that affordability range is the determination that approximately 36% of people in the area can afford a home. There is the potential for the area to grow in the future. The amount of growth projected by 2070 could top 710,000. Currently the population is 140,000 to 150,000 in WashingtonCounty. He stated that in spite of the recent economic slump, the area has a great deal of potential for growth in the future. Mr.James reported that the population in the state as a whole has increased by 14%. WashingtonCity alone experienced a 72% increase. From 2006 to 2010 a 24% growth rate was expected and a 109% growth rate was anticipated by 2020. Based on the study there is a potential by 2035 for 241,000 housing units. Currently, there are 54,000 housing units. Various programs being offered were described such as the Down Payment Assistance Program for first time homebuyers.
e.Discussion with Possible Action on a 1/1/2009 Increase in Virgin Town Water Rates, in Response to the Washington County Water Conservancy District Scheduled Increase.
Lee Ballard stated that a public hearing was held previously on the above matter. The Council agreed that now would not be a good time to impose a large tax increase, however, it was necessary to pass costs the Town is being charged on to the citizens. There was previous discussion that businesses are paying a much higher rate than residences for the same service. It was thought that that could be addressed in the Council’s decision. Lee Ballard commented that businesses were not heard from at the public hearing. Luke Stevens did not object to businesses paying more and was of the belief that businesses should pay more for infrastructure than homeowners. Bruce Densley was in favor of the increase involving exactly the increase being imposed on the Town. Bill Adams was not in favor of the increase and suggested the Council approach the Water Conservancy District and offer to join their program since it would save the Town a considerable amount of money. Lee Ballard commented that the steep increase was due to the fact that there had been no increases over the past few years. She remarked that the Town should be adding more to the water fund than they were currently. She commented that for some years they were not contributing and at some point the entire system will need to be replaced and upgraded. Those costs would have to be covered by what the Town has collected in water fees. Bruce Densley viewed the options as either to pass an increase tonight or for the Town to lose money beginning next month.
Luke Stevens moved to increase the Virgin Town water rates by the amount of the increase imposed by the Water Conservancy District to the new amount beginning January 1, 2009. Bruce Densley seconded the motion. Vote on motion: Bill Adams-Nay, Bruce Densley-Aye, Luke Stevens-Aye, Lee Ballard-Aye. The motion passed 3-to-1.
Bruce Densley suggested the Council consider Bill Adams’ recommendation about joining with the Conservancy District as he believed it has merit. Lee Ballard agreed and wanted more information on how much the Town should be putting into the water fund and examine the various aspects of the pooling agreement.
f.Review with Possible Approval of the 2009 Meeting Schedule for Both the Planning and Zoning Commission and Town Council.
Lee Ballard stated that the Council is required to set the meeting schedule for both the Town Council and the Planning Commission. She noted that the proposed meeting schedule doesn’t list any meeting times. She recalled that the Mayor wanted to change the meeting times to be similar to the Planning and Zoning Commission. She noted that the Commission moved their meeting schedule up 30 minutes and hold their work meetings at 6:00 p.m. and regular meetings at 6:30 p.m. Wednesday night meetings were difficult for Bill Adams due to his involvement in the scouting program. He noted that he has no conflicts on Thursday nights. Lee Ballard commented that Thursday nights are difficult for her. She suggested meeting times and dates be set for January and subsequent meetings dates be determined at the next meeting. Luke Stevens suggested the meetings for the next two months be scheduled tonight. The work meeting would begin at 6:00 p.m. and the regular meeting at 6:30 p.m.
Luke Stevens moved to set the next Planning and Zoning Commission Meeting for January 14, 2009 at 6:00 p.m. and the next two Town Council Meetings for January 28, 2009 and February 25, 2009 at 6:00 p.m. Bruce Densley seconded the motion. Vote on motion: Bill Adams-Aye, Bruce Densley-Aye, Luke Stevens-Aye, Lee Ballard-Aye. The motion passed unanimously.
g.Discussion with Possible Action on Building Permit Extensions for Vince Blackmore and Shane Anderson.
Lee Ballard had heard from the Mayor that Vince Blackmore obtained a temporary certificate of occupancy. She reported that the above listed building permits have expired. It was mentioned that Mr.Blackmore is waiting on the gate and fencing for the pool. Lee Ballard suggested the above matter be tabled for the receipt of more information. One option was to extend the temporary certificate of occupancy and allow the Blackmores to move in. Bill Adams thought both permits should be extended. Luke Stevens was concerned about extending the Blackmore permit because it was extended once previously. Chief Grow stated that it would only need to be extended to next month. That being the case, Council Member Stevens had no objection. Lee Ballard agreed and did not think an additional one-month extension would make a critical difference. Her preference was to table the matter rather than extend the building permit in the event the Council is violating its own ordinance.
Luke Stevens moved to extend Shane Anderson’s building permit for one more month and table Vince Blackmore’s until next month. The motion died for lack of a second.
It had not been condirmed that the Blackmore permit had been granted one extension previously. Luke Stevens was not sure how many extensions would be allowed owner builders and as a result, was concerned about extending it again. Lee Ballard was not comfortable extending either permit tonight without knowing which applied as owner builders, the history of the building permit itself, and whether the request represents an extension.
Bruce Densley moved to table both requests to the next Town Council Meeting. Luke Stevens seconded the motion.
Bill Adams was in favor of extending both for six more months after which time certificates of occupancy can be sought. Lee Ballard stated that if a one-month extension is granted tonight and only one extension is allowed, there could be problems if more time is needed.
Vote on motion: Bill Adams-Nay, Bruce Densley-Aye, Luke Stevens-Aye, Lee Ballard-Aye. The motion passed 3-to-1.
h.Discussion of Fire Truck and Training Grant.
Chief Grow reported that she received a $20,000 grant in June. Since that time she had tried unsuccessfully to acquire a brush truck. She put a bid in on a BLM truck and had been searching for an engine. The desired equipment would not be up for sale until after January, however, the $15,000 had to be spent on a brush truck by December 30. She explained that the Fire Department has $30,000 in the fundraiser checking account obtained from previous fires or fundraisers over the past two years. In searching she found a Ford S550 chassis for $35,000. She also received a bid from Newby for $23,400 for a Chevy truck but questioned whether the gross vehicle weight would cover the Fire Department’s 225-gallon water tank.
Chief Grow asked for authorization from the Council to spend $25,000 on a truck, $15,000 of which will be reimbursed to the Town from grant proceeds. She noted that expenditures over $1,000 require Council approval. Bill Adams was more comfortable being presented with alternatives prior to finalizing the purchase. Chief Grow was concerned that the paperwork has to be submitted by December 31 and she doesn’t have time to pursue more bids. She remarked that to purchase a brush truck and not build it herself it would cost $75,000. She was looking to get a cab and chassis and build the truck herself. She clarified that for roughly $40,000 the Town would have a truck valued at $75,000.