All present included
Council Member Elwell,
Council Member McDonald,
Council Member Jolley,
Council Member Roberts,
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:
Council Member Rusick
Audience: James Grandinetti, Allan Goeser, Tom Pruden, Claudette Larsen, Lisa Rutherford, Mark Christensen, Ada Nordquist and others who did not sign in.
Mayor Hart acknowledged a Quorum was present and indicated that Council Member Rusick was excused and that Council Member Jolley would be in later, at which time Council Member Roberts would be excused.
Council Member Elwell led the Flag Salute
Council Member Elwell gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Judy Gubler indicated the Public Hearing is required by State Law. An analysis was done previously that evaluated the benefit to the City and is available for public review by request through Ivins City Hall. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
MOTION: Council Member McDonald moved to approve Resolution No. 2011-20R, a Resolution of Ivins City, Utah, Approving and authorizing disposition of unused right-of-ways within the SAA (Special Assessment Area
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
ABSENT |
| Council Member Rusick |
ABSENT |
Roll call vote. The Council Members that were present voted in favor.
Kevin Rudd stated the application to amend Ivins Zoning regulations was brought forward by a private citizen. If the request is approved, the amendment would allow larger accessory buildings on larger lots. The current ordinance restricts accessory building square footage to 50% of the primary residence footprint. The current ordinance originated in the late 1990’s and was the result of several accessory buildings and/or detached garages that were double the square footage of the main residence. The Planning Commission and City Council felt the large accessory buildings were out of proportion with the primary residence and created a commercial look and feel. The amendment proposes to allow accessory buildings up to 70% of the primary residence footprint on lots one (1) acre and larger. The 50% rule is a good standard on smaller lots but larger lots may be able to support an increase. In many instances the desire for a larger building is to store RV’s. If the application is approved the TRC (Technical Review Committee) felt that accessory buildings greater than 50% of the footprint of the primary residence should have a minimum ten foot (10’) setback from the side and rear property lines instead of the currently allowed three feet (3’). That would protect neighbors from having a large structure too close to the property line. Mayor Hart opened the Public Hearing. Lisa Rutherford resides at 173 Painted Hills in Ivins and indicated she attended the Planning Commission meeting where this was discussed and stated she felt that the Planning Commission felt that the current ordinance is sufficient. There being no other comments, Mayor Hart closed the Public Hearing.
Council Member Elwell indicated he had a brief conversation with the applicant a couple of months ago where the applicant inquired if the Council would take an objective look at an amendment and Council Member Elwell told the applicant that the Council would be objective. When the City Council adopted the zoning ordinance, the Council did so knowing that modifications and changes would need to be made over time. He believes the City can make an amendment to the existing ordinance. Council Member Roberts provided information to the City Council Members regarding percentage differences and sizes of buildings if the amendment was approved. He stated he was also contacted by the applicant and is in favor of the amendment. A larger accessory building would hide RVs, tractors, backhoes and the like. In addition to allowing accessory buildings up to 70% of the primary residence footprint on lots one (1) acre and larger, he would like accessory buildings up to 60% of the primary residence footprint on 1/2 acre lots. He is ok with the recommended ten foot (10’) setback from the side and rear property lines instead of the currently allowed three feet (3’). Council Member McDonald indicated he is in favor of Council Member Roberts proposal of accessory buildings being allowed up to 60% of the primary residence footprint for lots 1/2 acre in size and for 70% of the primary residence footprint on lots one (1) acre and larger. Council Member Elwell had a concern regarding the three foot (3’) setback for the 50% of the primary residence footprint and stated that seems too close and onerous on the neighbor. He would like to see the three foot (3’) setback requirement for accessory buildings changed to a ten foot (10’) setback. Council Member Roberts indicated the Council needs to take that into consideration with smaller buildings because the smaller buildings could be setback three feet (3’) and not be onerous. Kevin Rudd suggested any accessory building that is less than ten feet (10’) high, a three foot (3’) setback would be allowed. The Mayor and Council discussed wall heights and determined the measurement would be from the wall height and the height of the accessory building would be limited to an eight foot (8’) wall height with a three foot (3’) setback with a twelve foot (12’) maximum height on the roof. If the accessory building is setback from the property line five feet (5’), a ten foot (10’) wall height would be permitted with fifteen foot (15’) maximum height roof and anything larger than that would require a setback of ten feet (10’). Dale Coulam will draft an ordinance and bring it back to the City Council for adoption.
MOTION: moved to
SECOND:
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
ABSENT |
| Council Member Rusick |
ABSENT |
Dave Glenn indicated the Dixie Metropolitan Planning Organization (MPO) receives Federal monies annually that are allocated to selected regional transportation projects. The projects are submitted to the advisory committee by the member cities which is made up of Ivins, St. George, Washington and Santa Clara. The MPO is soliciting concept reports for fiscal year 2013-2017. Ivins currently has the following projects on the Phase I 2011-2020 Transportation Plan: Highway 91 from Swiss Village to 200 East, 200 East from Highway 91 to Center Street and Center Street Streetscape Improvements. The project from Highway 91 from Swiss Village to 200 East is also on the Statewide Transportation Improvement Program that will be jointly completed with Santa Clara and that project has been allocated $300,000 in 2013 and $250,000 in 2014. Staff is asking for direction on what projects to submit. Concept reports are due in November. The Mayor and Council directed Staff to submit the 200 East from highway 91 to Center Street project due to the regional traffic that will be going to the Veterans home and the Center Street Streetscape as part of the center street widening project. Dave Glenn will also talk to the County about the County applying for funds for the intersection on Highway 91 at the Kayenta entrance.
Dale Coulam referred to the draft ordinance with the changes. The changes that are in blue are changes that were made at the last previous meeting. While he was attending the Utah League of Cities and Towns he attended a session and on the topic of Adopting Rules of Order and Procedure. The changes in green are the new changes for consideration based on the recommendations brought up in that session.
Council Member Elwell referred to section 2.06.305 "Minimum Vote Required" and indicated that the Mayor by ordinance votes in some circumstances and inquired if that needs to be stated. He suggested adding the language "or where the Mayoral vote is authorized by statute."
Council Member Roberts referred to section 2.06.302 "Agenda Setting Procedures" and stated he is concerned that a member of the Council could not bring an item forward on an agenda without a majority of the members agreeing although a staff member can bring an item forward on an agenda. He proposed that any Council member can bring an item forward as suggested by two members rather than a majority. Dale Coulam indicated there are two ways that is addressed and that is through the Mayor or City Manager. There is no law that says it has to be by majority, that has just been the practice of the Council. The Council could say "any member of the Council" but the danger of that is one member could dominate meetings by continually bringing items forward. Council Member McDonald understands what Council Member Roberts is saying but thinks a majority of the members should be required to bring something forward. Council Member Elwell suggested discussing a potential agenda item with the Mayor and City Manager first and continue with the way it is in the current ordinance and if that doesn’t work, two members would be required to bring an item forward. The Mayor and Council Members agreed that section 2.06.302(1) will read in part "...or at the request of at least two (2) members." Council Member Roberts referred to 2.06.303 "Attendance at Meetings" and inquired if that section is necessary. Dale Coulam stated that is state law and it does not have to be included in the ordinance but it is recommended that it be included. The intent is to avoid having Council Members deliberately not attend a meeting so that there is no unanimous vote on an agenda item and therefore that item would not pass. That portion of the section can be stricken if the Council does not want it include because it is already in the state law. The Mayor and City Council determined to leave the language in.
MOTION: Council Member Roberts moved to approve Ordinance No. 2011-10, an Ordinance of Ivins City, Utah, adopting Rules of Order and Procedure, as amended
SECOND: Council Member McDonald
Roll call vote. All Council Members in attendance voted in favor.
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
ABSENT |
| Council Member Rusick |
ABSENT |
Dale Coulam indicated there have been changes in the statutes that require the City to certify that Elected Officials are either full-time or part-time for URS (Utah Retirement Systems).
MOTION: Council Member McDonald moved to approve Resolution No. 2011-18R, a Resolution of Ivins City, Utah, Certifying that Elected Officials are Part-Time
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
ABSENT |
| Council Member Rusick |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Judy Gubler stated there is one addition to the Consolidated Fee Schedule, that being the credit card fee for transactions over $1,000. The City has had a number of requests to do this and the individuals who have made the request are willing to pay the fee. The City absorbs the fee for transactions up to $1,000.
MOTION: Council Member Roberts moved to approve Resolution No. 2011-19R, a Resolution of Ivins City, Utah, Amending and Replacing the Consolidated Fee Schedule
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Jolley |
ABSENT |
| Council Member Rusick |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Judy Gubler stated the City has been trying to secure the funding for the road projects for approximately $2 million. The CIB (Community Impact Board) bond may be the City’s best option for funding. The interest rate through the CIB is 2.5% and there may or may not be a requirement for a debt service reserve. The City is also looking at other financing options through local banks. Alan Rae indicated the City has Alan Westenscow looking into the options for private placement. He is the individual who prepared the last bond for the City. In addition to the interest rate, the reserve fund requirement will be another deciding factor. The City is requesting that there be no reserve fund requirement. The Mayor and City Council directed staff to submit an application to the CIB with the terms that the City would like to see.
Judy Gubler stated three (3) banks responded to the RFP (Request for Proposals), those being Wells Fargo Bank, Zions Bank and Chase Bank. With the current banking volume for Ivins City, Wells Fargo is priced more competitively and is currently the bank that Ivins City banks with. The City has had a few issues with Wells Fargo Bank and on paper the issues seem minor but when the issues are trying to be resolved, it is time consuming and frustrating to staff. The City has not had experience with Zions Bank on day-to-day banking options but the City has had outstanding service from Zions Bank with the most recent bond. Zions Bank prices items a little differently with flat fee pricing or transaction fee. As Ivins transactions volume increases, the separation in costs between Zions Bank and Wells Fargo Bank decreases. With the current banking volume, the difference in costs is approximately $120 a month. Alan Rae indicated the City provided the level of service that was an average of the previous three (3) months and had each bank submitting their RFP to price the RFP based on that. If the August, 2011 bank statement had been included in the RFP, the difference in cost between Zions Bank and Wells Fargo Bank would have been only $30.00. The August bank statement was not included in the RFP because the RFP had already gone out. If the overall volume of transactions increase, Zions Bank would be the favorable bank for fees. The costs vary depending on the City’s level of service and he has left the decision open for the Council to decide. Council Member Roberts inquired what Alan Rae’s recommendation is to protect the citizens of Ivins, his time, staffs time and fees. Dale Coulam indicated that before Alan Rae answers that Dale asked about the last paragraph of Alan’s Staff Report. The Windows 7 program has been out for sometime but Wells Fargo Bank still cannot service Windows 7 for desktop check deposits. The City has had to set up an old computer to process the desktop check deposits. Zions Bank is already up to speed and can handle desktop check deposits using the Windows 7 program. Dale also referred to Positive Pay where the City provides a list of checks to the bank and the bank will only honor those checks. He inquired how long it took Wells Fargo to implement that process so it would work for the City. Alan Rae stated it took five (5) months. Mayor Hart asked Alan Rae if he were to put a grade on the service received from Wells Fargo, what grade they would be given. Alan Rae replied a "C" grade because the service has not been as good as he’d like to see it. Council Member McDonald inquired how long the agreement would be with the bank for their services. Alan Rae stated it would be a three (3) year period. Council Member Roberts inquired if Alan Rae has a recommendation. Alan Rae indicated that given the cost of changing banks and with Wells Fargo Bank currently being the least costly, he would recommend remaining with Wells Fargo Bank.
Council Member Jolley arrived at the City Council meeting at 6:55 p.m. and Council Member Roberts left the City Council meeting at 7:00 p.m.
Judy Gubler stated another thing to look at is when looking at costs, the City is not just looking at the banking fees. One of the frustrations staff has had is the amount of staff time it has taken to correct Wells Fargo Banks challenges. No bank is going to be perfect and she realizes there is going to be a cost to change from one bank to another but one of the cost factors she looks at staff time and frustration. It may sound insignificant that the address was changed but the fact that somebody could change the City’s address and all the banking statements would be sent to that person and that Alan who should have authority, couldn’t be given the name of that person. A lot of time was put into trying to resolve the issue. The mistakes are costly and it’s not just the fees the City is looking at, it’s also staff time and frustration. Frankly some of those mistakes, issues and length of time getting things resolved over the years are what caused the City to say it is time to obtain RFP’s and see what’s out there. Five months to correct an issue is way too long. The City has experience with Wells Fargo Bank and there are some issues. It is unknown if the City would have similar issues with Zions Bank but the experience the City has had with Zions Bank has been positive. Council Member Elwell indicated a lot can be said for less headaches and problems and time savings for personnel. He believes that Ivins is on the road to a recovery and in short order the City could approach the point where banking with Zions Bank would be cost saving to the City. He would like the City to move forward with banking with Zions Bank. Council Member McDonald stated there is an obvious cost to move from one bank to another and he would hope there would be consideration and help with those costs if the City were to change banks. He is ok with proceeding with Zions Bank. Council Member Jolley indicated he had no conflicts or disclosures with the remaining items on the agenda and inquired what Alan Rae’s recommendation is. Alan Rae stated there have been some issues and Wells Fargo has been a frustration. When the address of the bank account was changed, it was not just a matter of the bank statement going to the wrong address but every returned check, notice and the like that went to the wrong address for a couple of weeks. Although he is a signer on the account, Wells Fargo would not give him information on what had happened. There was also an issue with Council Member Elwell’s check. In the two (2) years the City has been using Positive Pay with Wells Fargo, that was the only problem but it was a problem that it even existed. Council Member McDonald asked Judy Gubler what her recommendation would be. Judy Gubler disclosed that she is related by marriage to the Zions Bank Manager of the branch that is closest to Ivins and she is confident in Zions Bank. Dale Coulam expressed his opinion and stated he is the Department Head over banking services and is the Account Administrator on the electronic account financing. He has been very frustrated with Wells Fargo. The responses Wells Fargo has provided are non-sense. It is one thing to have a problem and say "sorry, there was this problem, we’re working on it, we’re getting it fixed." But in every case Wells Fargo has tried to blame someone on staff. The last one attempted to blame him for having gone in and changed the settings, which he had not done. That is what’s critical. Mistakes and poor service are a problem and then the explanations and trying to pass it off on staff is unacceptable. He would also hope that if the RFP was awarded to Zions Bank, when it came to working on the actual contract, Zions Bank would give consideration to the time and effort and the City’s current level of transactions and build in a phasing process over three (3) years and work with the City. He has been vocal in his criticisms with Wells Fargo on some of the issues and if there are similar issues with Zions Bank, he will be equally as vocal. Mayor Hart inquired if the problems could be attributed to Wells Fargo being a multi-national bank rather than a regional bank. Dale Coulam stated that no matter what the size of bank, somebody that isn’t authorized on the electronic banking services should not, by just doing a transaction personally, be able to change the address from Ivins City to somebody else’s personal address and without those who are listed on the account even getting notice of it. Ivins City got notice of it because thankfully the banking mail ended up going to an employee. Otherwise the City wouldn’t have known what happened and the City would have had no answers. The last explanation was it is Kari’s fault and all she did was do a personal transaction, nothing to do with Change of Address. The other issue involved a change in Wells Fargo’s fee structure. The City didn’t have problems on Positive Pay before because the City used to receive everything as part of that service for free. Wells Fargo then implemented a transactional charge and rather than notifying the City and asking if the City wanted to continue at the same level of service for a fee, Wells Fargo defaulted the City to receiving only the free services, which resulted in Council Member Elwell’s check not being honored. Again, the City didn’t get notice from Wells Fargo that it was making a change and then tried to blame it on city staff instead of taking responsibility for the problem.
MOTION: Council Member Elwell moved go with Zions National Bank
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
ABSENT |
| Council Member Rusick |
ABSENT |
Chuck Gillette indicated an amendment to the Road Improvement Agreement with Wade and Marci York that includes a financing and payment option, will allow the York's to finish the curb, gutter and sidewalk improvements. Regarding the property on 450 North 285 West, that property is now owned by William Whitaker, Stacy Christensen and John Whitaker. Those owners are willing to go move forward and complete the improvements.
MOTION: Council Member McDonald moved to approve the agreement with Whitaker and York
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
ABSENT |
| Council Member Rusick |
ABSENT |
Chuck Gillette provided a PowerPoint presentation to the City Council, a copy of which is available by request through Ivins City Hall. The Sensitive Lands Ordinance has been in existence for approximately six (6) years. Five challenges have become apparent, those being commercial lots, transition areas, non-traditional subdivisions and condominiums with common space, hidden slopes and slope evaluation. The Sensitive Lands Committee is making a recommendation to the Planning Commission to consider their ideas and propose a revision of the Sensitive Land Ordinance and possibly the Land Use Map.
Kevin Rudd reported that there continues to be an up swing in building permits. There have been 59 building permits issued this year.
Dave Glenn reported that as of today, all of the streets in the Historic Township Special Assessment Area (SAA) have been paved. Staff is finalizing a punch list for the contractor. The City opened bids for the slurry seal project last week. Depending on the weather, that project may be delayed until spring 2012. He reminded the Council that the dumpster day was changed from October 15th to October 8th to accommodate the Day of Service projects. Council Member McDonald spoke with the owner of Lightfoot’s gas station, Mike Guisinger, regarding the SAA project and Mr. Guisinger indicated individuals who had originally been against the SAA improvements now like the project.
Chuck Gillette reported there was a roundabout design meeting and the City is close to negotiating with the property owners for the right-of-way. The City expects advertising bids for the roundabout project in November or December, 2011.
| C. |
Planning Commission Report - No report |
Council Member Elwell provided information to the City Council regarding Ivins Heritage Days, Arts & Crafts Festival and the St. George Wagon Co. encampment. A copy of the information is available by request through Ivins City Hall.
Council Member McDonald reported he attended a meeting for the Solid Waste District. There are two (2) electronic recycling entities in Washington County that ships the product to Salt Lake County.
Council Member Jolley - no report
Mayor Hart reported that the RFP (request for proposals) is out on the Veterans Nursing home. There may be a ceremonial groundbreaking on Veteran’s Day which is November 11, 2011 at @11:00 a.m. The actual contract will not be awarded until the end of March, 2012. The Economic Development Committee will be initiating their own study and begin the process of selectively targeting particular types of businesses to expand in Ivins such as other nursing homes, lodging facilities and the like.
Judy Gubler reported she met with the TRC (Technical Review Committee) regarding opening the zoning ordinance for revisions. The TRC recommends limiting it to the language of the zoning ordinance not including the maps or zoning uses and to look at those things on a yearly basis at the first of the year by written request from those that wish to have some changes made at no charge.
Dale Coulam provided a draft ordinance to the City Council regarding a possible change to the City’s Impact Fee ordinances. A copy of the ordinance is available by request through Ivins City Hall.
| E. |
Items to be placed on future agendas |