All present included Mayor Barney,
Council Member Elwell,
Council Member Blair,
Council Member Jolley,
Council Member Hart,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Public Works Director Dave Glenn,
City Engineer Charles Gillette,
Building and Zoning Administrator Kevin Rudd,
Director of Public Safety Robert Flowers,
and
Public Safety Deputy Director Pete Kuhlmann.
EXCUSED: None.
AUDIENCE: Gail Fulde, Gary Blake, Jon Ward, Jessica Harward & spouse, John & Janey Baker, George & Dianna Swart, Bernie Schlatter, Kelly Adams, David Andrews, Greg Bryner, Shelley Andersen, Tim B., Dennis Mehr, Lance Anderson, Chelsea Clarkson, Cheyne McDonald and others who did not sign in.
Council Member Hart was excused at 6:55 p.m.
Council Member Hart led the Flag Salute.
Council Member Hart gave the Invocation.
The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
Bob Flowers and Pete Kuhlmann recognized the following individuals for several significant life saving incidents: Roland Barlow, Con Fulde, Chad Holt, Jessica Harward, Tom March, Ty March, Tracy Marrott, Tiffany Martineau, Jaron Studly and Jon Ward. They were presented with a letter of gratitude for their personnel file and some of the individuals were given a white commendation bar that recognizes a life saving incident. The Mayor, City Council and Staff thanked the individuals who were recognized.
Glen Bundy, the South Area Field Service Coordinator for the Special Olympics of Utah, indicated the Torch Run is on May 5th at approx. 3:00 p.m. Amber Knudsen and Pete Alby are the Special Olympics Global Messengers that have been trained to speak. Ivins City is the first city to volunteer to assist with the Special Olympics. Pete Alby came forward and thanked the City for their willingness to help.
Maureen Burger provided a Financial Report and Financial Statement. A copy of the report is available by request through Ivins City Hall.
Kevin Rudd reported the City is averaging 2 to 3 building permits a month. The Charter School is grading the land and intends to open the school this August. Skip Blythe is handling Code Enforcement and Cody Mitchell is working full time in the Public Works department. He thanked the Public Works department for their assistance with weed control. He thanked the Public Safety department for assisting with code enforcement issues.
Dave Glenn provided a monthly report. A copy of the report is available by request through Ivins City Hall. His department moved the water lines for the 400 South CDBG project. There have been several meetings relating to the St. George regional water line and the best route for that line is down Center Street. Ivins City receives 1/3 of the water from that line. They will try and stay out of the pavement. It is unclear who is paying for the installation. The thought is St. George should pay for the installation, with Ivins City purchasing the water. The water district is receiving 2 million dollars from a grant and St. George has a 4.5 million dollar loan. Ivins will pay for a portion of the water tank. The City Council requested they be given updates on this project.
Charles Gillette provided a monthly report. A copy of the report is available by request through Ivins City Hall. He indicated the City opened bids for the West Center Street storm drain project and will be awarding and requesting approval of the expenditure for the easement at the next City Council meeting. Dave Glenn, Chuck Gillette and Phil Castle have been working on the LOMR (Letter of Map Revision) for submittal to FEMA (Federal Emergency Management Agency). The LOMR is 95% complete and it is anticipated that it will be submitted to FEMA the week of April 20th. Chuck has received a few calls from home owners who are trying to refinance and they are currently required to purchase flood insurance. Chuck is able to determine the elevation of the home and issue an Elevation Certificate that, depending on the elevation of the flood plain, may reduce the need for flood insurance. There is a possibility of the home owners being reimbursed after FEMA reviews the LOMR. The City Council requested copy of the new map when it is complete.
Chuck indicated there is new language in the sewer ordinance. There is an advanced system that is being proposed. Chuck is working with Chris Hart on the drawings for the animal shelter.
Commissioner Mehr reported that the Planning Commission received a zone change application in Kayenta, requesting a zone change from RE-5 to RE-25. That item was continued and it will be discussed at their next meeting and a site visit will be conducted prior to the meeting. A recommendation for approval of a Conditional Use Permit for Coyote Gulch Theatre has been forwarded to the City Council for consideration and will be addressed at the next City Council meeting on May 7, 2009. Adel Murphy took the oath of office and is an official Planning Commission member. The Planning Commission decided Dennis Mehr will be the Chairperson and John Reed will be the Vice Chairperson.
Judy Gubler indicated language that allows an alternative waste water treatment has been added to the ordinance. Dale Coulam indicated he added an additional paragraph relating to grounds for an appeal and provided a definition of exigent circumstances. Charles Gillette indicated Kayenta is interested in an alternate sewer system. If the City Council decides to approve this ordinance, there will be some lots that will never be served by a gravity system but that should not be a problem for the City. He explained the process and calculations of the alternative advanced wastewater treatment system and the difference between the septic and advanced system. There was a lengthy discussion relating to the notification process when the property is re-sold, the provision requirement of connecting to the city sewer system if the property is within the 300’ feet and providing developers with the option of an advanced wastewater treatment system or public sewer and the potential negative effects that may have for adjacent property owners. The City Council previously determined the City should move toward connecting to the public sewer system rather than continuing with septic tanks. They thought the ordinance before them was to address a hardship condition for connecting to the sewer and did not anticipate addressing the alternative advanced sewer system option at this time. They requested this issue be addressed at the next City Council meeting. Dale Coulam suggested that if the City Council is ok with the appeal process, extension of time and hardship language, language relating to the sewer systems could be removed and the remaining language left in the ordinance. The Mayor and City Council determined this item would be continued and addressed at the next City Council meeting.
MOTION: Council Member Rusick moved to continue discussion and consideration of approval of Ordinance No. 2009-04 "An Ordinance of Ivins City, Utah, Amending Title 10, Chapter 3 of the Ivins City Code Regarding Sewer Systems" to the next City Council meeting.
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
This item will be addressed at the City Council meeting on May 7, 2009.
Charles Gillette provided a PowerPoint presentation. A copy of the presentation is available by request through Ivins City Hall. He introduced Dave Black with Rosenberg and Associates. High groundwater is damaging the roads and sidewalks in Padre Canyon Estates phases 7 & 8. Asphalt roads are cracking which indicates road base failure. The groundwater flow is south to southeast. The recommendation is to add a main drain on Cordero Drive and allow the home owners to install their own drains that connect to the main drain. The approximate cost for the main drain is between $160,000 and $220,000 and does not include the stub-out drains from the owners’ properties. The cost for the stub-out drains is approximately $20,000-$30,000. The roads would need to be re-constructed in a few years, after it was determined that the drain is working. To address this issue, money budgeted for other projects may need to be diverted from those projects. The time frame to see an improvement in the area after placing the drains is approximately 2 months. The stub-out drains being placed on the owners’ side yards of the cul-de-sac lots may be critical to resolving the issues and intercepting the water. Dave Black’s professional opinion is that the groundwater has increased since the subdivision was initially built. There are a number of factors that have caused the groundwater to increase, some of which are a natural rise in the groundwater table, more development in the area, watering lawns in the development and irrigation of the farm land that is still in place. There are things the homeowners can do with the yard, landscaping, watering and the like to make the situation better and Rosenberg and Associates can help with that education. As land develops north of the area, it will affect the ground water table, causing it to continue to rise. Placing the drains now will control the groundwater in the area. If the drains are put in, the water will drain into the storm drain box, detention basin and wash and onto Shan Gubler’s development in Santa Clara. Ivins City has an agreement with Shan Gubler relating to groundwater. Some of the homes are pumping groundwater out and that water is either pumping into the sewer system or into the street, which adds to the problems in the street. Dale Coulam indicated that the City is a victim in this situation as well as the home owners. From a legal standpoint, the City is responsible to protect the roads and public ways and hopes that also benefits the private home owners. Placing the stub-out drains on the owners’ property would be a joint venture and if the City proceeds with placing those drains on private property, there would need to be a legal agreement with each home owner, with the understanding that the City is not assuming liability. The homeowner would grant an easement for the stub-out drain and the City may agree to fund or pay for installation of the stub-out drain. In addition to giving an easement, the home owners may contribute financially to the installation of the stub-out drains. If the City determined it would pay for the installation, it would do so to protect its streets and sidewalks, which would further the interest of the City and also help the private owners.
The Mayor and City Council determined this project needs to be a top priority and requested Judy Gubler look at the figures, the budget and funding options for placing a drain in the street and stub-out drains on the private property of the owners. The City would also like to look at the option of cost sharing with the property owners for the stub-out drains by way of a legal agreement. The Mayor and City Council will re-visit this issue at the next City Council meeting on May 7th.
Dale Coulam indicated he has reviewed the agreements and they are flexible enough to accommodate this situation. Some individuals will elect to delay proceeding with the terms in the agreement and others will elect to proceed.
MOTION: Council Member Rusick moved to approve Resolution No. 2009-10R "A Resolution of Ivins City, Utah, recognizing the importance of the 2010 Census"
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Public Safety Deputy Director Pete Kuhlmann |
AYE |
| Council Member Hart |
ABSENT |
Roll call vote. All Council Members that were present voted in favor. Council Member Hart was absent.
Judy Gubler clarified that any COLA increase (Cost of Living Adjustment) is funded by the City.
MOTION: Council Member Blair moved to approve Resolution No. 2009-11R "A Resolution of Ivins City, Utah, electing NOT to increase the Public Safety Retirement Systems COLA"
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
ABSENT |
Roll call vote. All Council Members that were present voted in favor. Council Member Hart was absent.
Charles Gillette indicated that the more local funds the City is willing to provide, it is more likely to be funded. He recommends 50% funding with local money and a 50% match. Judy Gubler stated that the funds are available. The City currently has a bond that was slightly under $1 million that will be paid off in 2010 and bonding could be structured to not have overlapping bonds and continue with that payment. The City would be taking on more debt but the payments for the debt are budgeted. This project is part of the Transportation Master Plan, Capital Facilities Plan and currently the cost for construction is considerably lower. She also recommended 50%, which is approximately $1.2 million. The same debt service could continue with roughly 50% of the project. There were discussions relating to the current plan for a round-about. The roundabout increases the cost of the project by approximately $300,000 and it is not needed for approximately 10 years. The City Council is comfortable with funding up to 60% of the reconstruction of 200 East and cutting out the round-about.
MOTION: Council Member Blair moved to approve Resolution No. 2009-12R "A Resolution of Ivins City, Utah, in support of funding 200 East street reconstruction" be submitted with the modification that the City will support funding up to 60% of the reconstruction of 200 East, with the roundabout at 400 South being eliminated from the project.
SECOND: Council Member Rusick
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
ABSENT |
Roll call vote. All Council Members present voted in favor. Council Member Hart was absent.
Council Member Elwell reported that the DAWHAC website will remain in place and updated periodically and the Ombudsman program will continue and will be funded by the Five County Governments.
Council Member Blair reported he attended a DTEC meeting and modifications were made to the 2009-2013 TIP (Transportation Improvement Plan) to reflect changes that the Transportation Commission had made the previous month. The main issue discussed was Phase 3 of the Southern Parkway. The EIS (Environmental Impact Study) design work for Phase 3 of the Southern Parkway has begun and Horrocks Engineering is providing the design work. They also discussed issues around the future airport.
Council Member Jolley reported that the Ivins City Princess wanted to thank Mayor Barney and the City Council for the opportunity over the past year to serve Ivins City. She would like the Mayor and Council to attend the pageant on Saturday May 2, 2009 at Tuacahn and requested Mayor Barney or a designee be in attendance to provide a welcome to the audience and to lead the Pledge of Allegiance. He indicated Tonya Horlacher has done a tremendous job organizing the pageant.
Council Member Hart - absent.
Council Member Rusick referred to the American Experience Program that aired Monday April 13th. It was about the Paiute and Ute tribes of Southern Utah. The Shivwits tribe is the largest of the 5 tribes in Southern Utah. The program featured Glen Rodgers and some of the other individuals and there was a quick view of the Red Mountain Elementary. The program closed with Mark Rodgers standing with the Red Mountain in the background. KUED is running a series on Monday nights and the next program will be on the Ute tribe. Council Member Elwell suggested it would be good to obtain a copy of the program for the City. Judy Gubler will look at the options for obtaining a copy.
Mayor Barney requested someone from the City Council attend the Paiute Indian Tribe of Utah gathering and Powwow benefit dinner/fundraiser. It is on May 14th in Cedar City. Council Member Rusick will attend the benefit dinner/fundraiser. Mayor Barney provided Council Member Rusick with some information for Lesley Mendenhall regarding being on the Utah Humanities and Arts Council and indicated that he nominated Lesley Mendenhall to be on that Council. Governor Huntsman will be speaking at Milford High School on April 20th relating to an Energy Panel presentation.
Judy Gubler reported that a meeting needs to be scheduled with the City Council regarding the Municipal Building Authority. The meeting will be held on Thursday, May 21 at 5:15 p.m. in the City Council Chambers. Judy attended the UMCA conference. The other cities are in the same situation with revenue shortfalls. Employee benefits are being reviewed. The choice with benefits is to either lower benefits or ask the employees to contribute. Ivins is being very conservative through the fiscal year 2010 and doing more with less.
Dale Coulam provided the City Council with an Informal Opinion letter from the Office of the Property Rights Ombudsman regarding restricting access on 200 East. The Ombudsman found in the favor of the City. A copy of the opinion is available by request through Ivins City Hall. The City will be moving forward as the CDBG project is underway and notifying the property owners of a date their access to 200 East will end. The City will work with the property owners as much as the city can with change of address packets and negotiating with the owners on the wall.
| E. |
Items to be placed on future agendas |