All present included Mayor Hart,
Council Member Elwell,
Council Member Jolley,
Council Member Roberts,
and
Council Member Rusick.
STAFF:
City Manager Judy Gubler,
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
City Engineer Chuck Gillette,
Director of Finance Alan Rae,
and
Deputy City Recorder Martha Wilson.
EXCUSED: None.
Audience: Angelo Disante, Dennis Mehr, and Lance Anderson.
Mayor Hart recognized and welcomed the Scout Troops.
Mayor Hart stated there is a quorum and noted that Council Member McDonald was absent.
Council Member Jolley led the Flag Salute
Council Member Jolly gave the Invocation
Mayor Hart referred to agenda item 5)C and disclosed that item relates to a piece of property that he is a partial owner of. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
MOTION: Council Member Jolley moved to suspend the rules and move to item 2)B, the Rocky Mountain Blue Sky Community Challenge Update
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member McDonald |
ABSENT |
Mayor Hart indicated Kai Reed is assessing the willingness and support of Ivins residents to support the Rocky Mountain Blue Sky Community program. Kai Reed stated Ivins has an opportunity to challenge the Ivins residents to purchase blocks of renewable energy. In order for Ivins to be designated as a Blue Sky Community, there would need to be fifteen (15) more individual enrollments in addition to the City participating. Ms. Reed would like the Council to allow her to request donations from residents on behalf of the City, to cover the City’s cost of participating in the program. If Ivins becomes a Blue Sky Community, Blue Sky grants that are only available to Blue Sky communities would be available to Ivins City. The Mayor and City Council agreed to allow Kai Reed to move forward with requesting donations on behalf of the City to participate in the program.
Tonya Horlacher indicated she has been the Program Director for the last three (3) years and requested the City donate to, and budget for on a continuing basis, a college scholarship program for the Ivins Princess Pageant royalty. The girls are ambassadors of Ivins and participate in several community service functions. Council Member Elwell suggested this be addressed on a future agenda. Judy Gubler indicated this could be addressed on a future agenda or at a strategic planning meeting addressing the budget and may be able to be worked into the budget. The Mayor and City Council agreed to address this issue in a strategic planning meeting for the budget.
Alan Rae provided a PowerPoint presentation to the Mayor and City Council. A copy of the presentation is available by request through Ivins City Hall. Council Member Rusick referred to agenda item 5)C and inquired if there are sufficient funds in the Water Fund for the City to borrow against that fund. Alan Rae indicated there are sufficient funds in the Water Fund and each Fund has assets that each Fund maintains. Currently all of the Funds are under budget and in line with revenue and expenses.
Kevin Rudd reported there have been eight (8) building permits since the first of the year. Owners of the property below Tuacahn Drive are looking to develop that property.
Dave Glenn provided a Summary of Operations report for January, 2011 and a Water Usage Comparison report to the Mayor and City Council. Copies of the reports are available by request through Ivins City Hall. He reported on the SAA (Special Assessment Area) project and indicated the contractor has run into problems with Questar Gas lines. The City and the contractor are working with Questar Gas to provide a survey map so that Questar can move further ahead of the contractor. Council Member Jolley indicated he is appreciative of and impressed with Desert Hills Construction. They have been very accommodating and nice to work with.
Chuck Gillette reported he is also pleased with the contractor. The design kickoff for the Center Street and Snow Canyon roundabout was held on January 11, 2011 with UDOT (Utah Department of Transportation) and Horrock’s Engineering. The design is expected to be completed in August, 2011. The solar systems for the Public Works parking structure and UNITY Park are complete and ready for power. The Blue Sky funded solar systems for City Hall and the Police/Fire Stations are expected to be installed in two to three weeks and Mayor Hart suggested there be a ribbon cutting ceremony for all of the solar projects. Council Member Roberts inquired as to feedback and complaints regarding the SAA project. Chuck Gillette indicated the City has had one complaint from an individual but has received a lot of positive feedback. Mayor Hart stated that Jennifer Chapman in the Public Works Department receives phone calls about the SAA project and logs the calls. The majority of the calls are questions and she has had a few compliments.
Kevin Rudd reported that the Planning Commission reviewed and recommended approval of a Mixed Use Overlay for Fitness Ridge and Preliminary Plan for the Casitas at the Ridge. Those have been forwarded to the City Council for a Public Hearing and consideration. The Planning Commission also discussed commercial zoning and Council Member McDonald previously requested there be a meeting with the commercial property owners. That meeting has been scheduled for Tuesday, April 19, 2011 at 5:30 p.m. The City Council members are invited to attend. The Planning Commission is continuing to work on the beekeeping ordinance and there will likely be a Public Hearing on that issue within the next couple of months.
Mayor Hart provided a drawing to the City Council, a copy of which is available by request through Ivins City Hall. The drawing outlines the different slopes and conditions and indicated the Council needs to discuss the following: how much of an elevation change will be permitted in the steeper slopes; options for backyards that are lower in elevation; if upper lots require fill, how much fill is allowed; what is the maximum allowable height of any section of a terraced wall; amounts of retained fill and the separation distance for the terraces. If a lower property owner puts in a privacy wall, the upper property owner would have to build a retaining wall behind the privacy wall to retain the fill material for the upper lot. That is the same situation that exists in the Amber Estates subdivision. Council Member Rusick inquired if there is any way to determine how much fill a developer will need to bring in on an upper lot. Mayor Hart indicated there is no way to determine that because the developer of the upper parcel has a number of options. It is expensive to bring in a lot of fill and to build retaining walls. An option for the upper property owner would be to build a home with a walk-out basement or a slab-on-grade structure that would have a patio area that terraces down into the backyard. Those options would reduce the amount of fill and retainage required. Council Member Jolley inquired as to what percentage of the land in Ivins is a five percent (5%) grade. Chuck Gillette indicated Phase 3 of The Palisades subdivision has a five percent (5%) grade and the grades in the Quail Cove subdivision are between three and three and a half percent (3%-3.5%). Mayor Hart stated the grade for the majority of Ivins City is three percent (3%). Council Member Jolley suggested that where the grade is a certain percentage or higher that slab-on-grade homes not be allowed and require walk-out basements. Council Member Elwell agreed and suggested limiting the exterior of the development as opposed to the interior of the same development. If a developer on the interior wishes to do something more drastic the developer can do that but if the development abuts other property owners property or existing or non-existing buildings, that it confirm to what Council Member Jolley suggested. Judy Gubler referred to the discussion at the previous City Council meeting where the City Attorney discussed that within the same zone or the same subdivision, the same requirement should apply.
Council Member Rusick is concerned with the maintenance of terraced walls and a property owner losing four feet (4’) or more of property when they are required to terrace. Council Member Elwell suggested the City unilaterally say that a developer can only cut within a certain number of feet from the rear property line. He is also concerned with the maintenance of the terraced walls. Judy Gubler suggested the City identify maximum heights, maximum fill amounts and maximum cuts allowed to simplify the ordinance. Mayor Hart and Kevin Rudd agreed with Judy’s suggestion and Kevin Rudd suggested the City establish some perimeters to work with. Council Member Roberts suggested the ordinance go back to the Planning Commission for them to review further. Judy Gubler indicated she is concerned with sending the ordinance back to the Planning Commission. The Planning Commission originally recommended no changes to the current ordinance but based on additional requests and information from Angelo DiSante who resides in Amber Estates the Planning Commission did come up with some proposed changes in the ordinance. Council Member Jolley suggested this matter be tabled and requested additional drawings representing the current ordinance requirements and slides of other options be provided to the Council for review at the next City Council meeting. Mayor Hart, Kevin Rudd and Chuck Gillette will provide the requested drawings and illustrations.
MOTION: Council Member Jolley moved to table this item and continue the discussion with additional photos and illustrations
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member McDonald |
ABSENT |
Judy Gubler indicated the ordinance before the City Council contains revisions from the last meeting. Council Member Elwell referred to section 11.01.204 "Removal of Snow, Ice and Other" and suggested adding the language "immediately accessible to and adjacent to such property owners yard..." to clearly address whose responsibility it is to maintain the property and sidewalk on the other side of the wall. Council Member Rusick indicated that if someone is on a corner lot and there is no wall, the owner(s) would be responsible for maintaining the property and sidewalk but if there is a wall the owner that is on the inside of the property would not be responsible for the property or sidewalk outside of that perimeter wall. Judy Gubler stated that 400 West, 400 East and Center Street are landscape buffers required by City ordinance and in exchange for the landscape buffers, the City maintains those streets. All of the other streets, regardless of whether or not there is a perimeter wall, are not maintained by the City but by a Home Owners Association (HOA) or the property owner. The Mayor and City Council determined section 11.01.204(1) will read in part "It is unlawful for the owner, occupant, lessor or agent of any property abutting a paved sidewalk that is immediately adjacent to such property owners front and side yard..." Council Member Elwell referred to section 11.01.204(2) regarding the gutter. He has a problem with the requirement of having to remove snow from the gutter. Council Member Roberts agreed. Council Member Rusick suggested eliminating the word "snow" after the word "gutter". She also referred in part to the sentence "...dirt, leaves, weeds or any other material in the gutter" and suggested that be changed to read "...dirt, leaves, weeds or any other material that can clog or prevent the free flow of water therein." Council Member Rusick referred to the first "Whereas" on page one (1) and suggested adding the words "parking strips" after "right of way".
MOTION: Council Member Rusick moved to approve Ordinance No. 2011-01, an Ordinance of Ivins City, Utah, Regarding Maintenance of Street Right-of-Way, Parking Strips and Sidewalks, as amended
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member McDonald |
ABSENT |
Roll call vote. All Council Members voted in favor.
Mayor Hart indicated he will not participate in this discussion and stated he has had no involvement in any of the discussions previously and he has recused himself from any deliberations on this matter previously. Council Member Rusick inquired if the City can make loans from one fund to another and asked if there are any caveats that prevent the City from doing that. Judy Gubler stated in order for the City to make a loan from one fund to another, the funds have to be available and the City has to have a means to repay the funds. In this case the City is serving as its own bank. The funds are paid back with interest. She indicated that the City Attorney Dale Coulam and the Director of Finance Alan Rae have reviewed the State code and also reviewed this with the City’s auditor. It is not uncommon for a City to allow a loan from one fund to another. Council Member Rusick referred to the interest rate and inquired as to the specific period of time regarding the interest and a date for the funds to be paid. Judy Gubler stated the intent is that if the money was held in the Public Treasurers Investment Fund and not loaned for the parks purchase, it’s the interest that would have accrued if it had stayed where it is now. That rate fluctuates month to month. Council Member Rusick suggested the document state that "interest will accrue at the rate that would have been earned on the money if it had been held in the Utah Public Treasurers' Fund."
MOTION: Council Member Elwell moved to approve Resolution No. 2011-05R, a Resolution of Ivins City, Utah, Allowing A Loan From the Water Fund to the General Fund, as amended.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member McDonald |
ABSENT |
Roll call vote. All Council Members voted in favor.
Council Member Elwell - no report
Council Member Jolley - no report
Council Member Roberts - no report
Council Member Rusick reported she could not read many of the street signs in the section of town under construction due to the age of the signs. She suggested the City consider new readable street signs. She indicated that she does not recall seeing a financial report on Heritage Days. If it was provided to the Council previously, she requested a copy of the report. If it has not come forward, the Council should see it and see those types of reports within a reasonable time after the event.
Mayor Hart reported that he attended the Solid Waste Meeting on behalf of Council Member McDonald. There was a vote taken to add corrugated material to the list of recyclable items. There will be some additional bins in place for that material. He attended a DTEC (Dixie Transportation Executive Council) meeting. The revised transportation master plan is going out for public comment and there are some significant revisions in that plan. Mayor Hart lobbied during the meeting for the northern corridor to be moved from thirty (30) years down the road to be within the next ten (10) years. UDOT (Utah Department of Transportation) is contesting the Corp of Engineers position on jurisdiction over the extension of the road at the airport. The Corp of Engineers claimed jurisdiction over the dry washes and UDOT requested a hearing before a Judge. If UDOT wins that case it will allow them to continue on with the east side corridor project.
Judy Gubler provided a Budget Strategic Planning document to the City Council, a copy of which is available by request through Ivins City Hall. She would like to set aside the majority of the next City Council meeting to work on some Budget Strategic Planning. She would like the Council to think about identifying needs that should be included in the budget. She would like to have the Department Heads attend that meeting and have specific problems and needs identified, set some goals and prioritize. Council Member Roberts referred to the Business License renewal process. Judy Gubler provided information to the City Council regarding business licensing, a copy of which is available by request through Ivins City Hall. There was confusion as to what form is required to be filled out after a business license expires. Judy will obtain clarification from the Business License Official and discuss this further with Council Member Roberts. Judy Gubler provided a copy of Ivins City Code section 10.01.106 to the City Council regarding water service. A copy of this code section is available by request through Ivins City Hall. Dick Martin made a Citizen Comment at the previous City Council meeting regarding when the City discontinues water service and requested the City Council follow the ordinance, which the City does. She referred to section 10.01.106(7) and read the paragraph. The delinquent charges in that paragraph is the focus of the discussion. Mr. Martin is asking that the City change the policy to where all delinquent charges are brought current. As an example, a resident receives a bill in February for January services, has until February 20th to pay that amount and then has an additional thirty (30) days from that point, which would be March 20th to pay the January bill. To avoid water being shut off, the resident only needs to pay for the January services. Mr. Martin wants the City to collect for January and February. In order for the City to change that, the City would have to say all charges are due. There are several residents who live month to month and if the City changed it to collect all charges due, it would be very difficult for them. Council Member Rusick indicated the process seems fine the way it currently is. Mr. Martin is a landlord, that’s a business for him and he needs to stay on top of that. As the owner of the property he can call and inquire if the water bill has been paid. Council Member Roberts stated Mr. Martin’s issue is that the bill continues to accrue and when the tenants were evicted he was stuck with a large water bill to pay. Judy Gubler indicated now is not the time to make the changes to require residents to pay their water bill in full. Mayor Hart indicated where this is a landlord/tenant situation it would be prudent for landlords to increase the deposit amount. The Mayor and City Council agreed that no action would be taken at this time to change the ordinance. Judy Gubler referred to the sale of the Pond Park land and the purchase of the property on Center Street. The City is trying to resolve the easement issue on the Pond Park property, which will require an additional agreement. A two (2) week extension is needed to work on resolving the issue.
Council Member Jolley requested the discussion of the Ivins City Princess Pageant Scholarship be on the next City Council agenda.