All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
and
Council Member Densley.
STAFF:
City Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
City Engineer Chuck Gillette,
and
City Recorder Kari D. Jimenez.
EXCUSED: None.
Audience: Jenny Johnson, Ruth Roberts, Claudette Larsen, Glen Andersen, Vaughn Andersen, Ashton Andersen and others who did not sign in.
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.
Mayor Hart indicated that City Manager Judy Gubler was excused.
Kevin Rudd reported there have been four (4) single family building permits issued since January and the Building Department is reviewing a couple of subdivision applications.
Chuck Gillette reported that the Tuacahn Wash Detention Basin is moving forward with a design that the State Engineer will likely approve. Alpha Engineering is proceeding with a new final design and then the City will be looking at funding options. Bids were opened on February 8, 2012 for the Center Street and Snow Canyon Drive roundabout project. If the contract is awarded tonight the City hopes to start on the project March 1, 2012 and have it substantially completed by June 10, 2012. Staff continues to meet with the entities involved in the Storm Water Management coalition, drafting a grading manual for the cities to consider adopting. The Pavement Management project is expected to start in March, applying the slurry seal. The City is making progress on the Center Street widening project. Council Member Densley inquired about the slurry seal schedule and indicated some residents have been asking if their streets will be done. Chuck Gillette indicated that the residents whose streets will be done will receive a notice several days in advance of the slurry seal being done.
Chairman Reed reported the Planning Commission held a Public Hearing on the preliminary plan for the Mojave Estates Subdivision with a subdivision enhancement overlay. Most of the residents that spoke had some concern about the development being a higher density and impacting their property values negatively. They were also concerned with the homes being affordable and although they may be nice now, they may not be so in the future. The residents also did not like the idea of a park because they felt that parks attract crime. Commissioner Reed stated the assessed valuations of homes in the neighborhood and the homes that Color Country Community Housing have built are the same assessed value as the other homes in the area and having a slightly higher density next to you won’t negatively impact your property values. Commissioner Murphy is an Assessor and that was her conclusion. The Planning Commission decided four (4) to one (1) to not recommend approval of the Mojave Estate Subdivision with the enhancement overlay district and recommended approval of the preliminary plan containing fourteen (14) lots. Commissioner Reed indicated that when he looks at the General Plan under Residential Policies it states "areas that contain designated open space, parks and/or other scenic natural resources should be developed with clustering to encourage and preserve the desired resources and the overall net density shown on the Land Use element." To him that says that open space should be added and accept a higher density as long as the overall density is maintained within the element. Under the Parks and Recreation policies, the General Plan says "New development is encouraged to provide neighborhood park facilities..."
Council Member Roberts requested a Point of Order and stated that Chairman Reed’s report was becoming an influential statement of what Commissioner Reed believes. Council Member Roberts indicated that the Planning Commission voted against it four (4) to one (1) and that Commissioner Reed is going into more areas than the reporting of what happened because Council Member Roberts was in attendance at the Planning Commission meeting. He feels that Commissioner Reed is trying to influence the Council into why the Council should vote against that. Commissioner Reed indicated he was just reading the General Plan but will stop reading from it if that is what the Council wants. Mayor Hart requested City Attorney Dale Coulam’s input. Dale Coulam indicated he concurred and the specific language that Chairman Reed was reading was not read at the Planning Commission meeting and would be better saved for a Public Hearing. Chairman Reed apologized and stated he didn’t have his General Plan with him at the Planning Commission meeting and the Point of Order was well taken. The other item on the Planning Commission’s agenda was the Chapter 19 re-writes which have been tabled until the meeting in March due to the Public Hearing zoning amendments that will be held at the next Planning Commission meeting.
Dale Coulam indicated there were several letters received from residents requesting that they not be required to connect to the sewer system. The last time this was discussed there were some exceptions drafted to the ordinance as far as requiring connection to the sewer. As a point of clarification, a request for a variance is not legally accurate because that is a zoning term and applies to zoning requirements. It’s specific by statute as to what qualifies for a variance. The Council does not have the authority to grant a request just simply be exempted from existing law. The Council would have to consider changing the ordinance to either change it such that the hookup requirements are altered so that properties in similar situations would not be required to connect to the sewer or that there be an exception. One of the consistent themes in the letters was connecting to the sewer would be more expensive than what would typically be encountered because of rock that is not too far beneath the surface. This is on the agenda tonight for discussion for the Council to provide ideas to staff. Staff would then study those to determine what the impact would be City wide. Whatever the Council does to change the ordinance ought to be applied City wide in order to be fair. Council Member Elwell stated that when he started on the Council in January, 2002 the ordinance pre-existed him by several years and required a time frame to connect to the sewer. The ordinance was later revised to allow for a two (2) year time frame before residents were required to connect to the sewer or exceptions generated from that. He is concerned about misinformation from the letters that the City tabled or did not take care of the matter. The City made a decision and the matter was resolved. At the time when the sewer line was installed in that area, because of the geologic subsurface, the depth was limited and the City faced an option of spending additional tax payer funds for a project that the engineers assured the City would be hazardous to workers to dig down twenty feet (20’) in that geological subsurface. The depth of the municipal portion of that sewer outlet still allows for the cities gravity flow to the exit point. He suggested exploring the possibility of the residents as a group connecting to a common lift station. Chuck Gillette indicated the State would require the City to own and maintain that lift station. Council Member Mendenhall inquired if the State is adamant about not having septic systems. Chuck Gillette stated the issue with septic systems is they have the potential to impact the ground water. Septic systems work when they are in low densities but when you get into higher density situations the septic systems start to fail. The study that the City has for Ivins suggests five (5) acres per septic unit.
Council Member Roberts indicated he isn’t worried about septic systems at all. The City decided not to put the sewer system low enough for the residents to gravity feed in the first place for the existing homes. He is of the opinion that the City should exempt them and write it in the ordinance for existing homes if there are geological factors that do not allow the residents to connect as they normally would. If the owners decide to subdivide, that becomes a different issue. Mayor Hart stated that any person coming in to the City to build a new home should be required to connect to the sewer. Dale Coulam reminded the Council that whatever the City decides has to apply City wide. Council Member Densley suggested leaving well enough alone. If the septic systems are working, he suggested making an amendment to allow the resident to do that and look at it on an individual basis. Council Member Mendenhall is concerned about setting a precedent in Kayenta. Council Member McDonald is also concerned about setting a precedent City wide and thinks City staff should review every option available and then the Council review it further after that time. He wants to make sure the City doesn’t lose its ability to require sewer connections. The Mayor and City Council Members agreed that City staff should review all of the options and bring those back to the Council to review. Kevin Rudd indicated some of the affected residents are trying to sell their homes and he has had to disclose the sewer connection requirement to potential buyers. Glen Anderson spoke on behalf of the affected residents and indicated their biggest concern is the cost to connect to the sewer. The residents would like this issue addressed in a timely manner and would like to be exempt from connecting to the sewer.
Dale Coulam stated this is a formality regarding an appointment previously made.
MOTION: Council Member Elwell moved to approve Resolution No. 2012-03R, a Resolution of Ivins City, Utah, Appointing a representative to the Dixie Care and Share Community Advisory Board, that representative being Councilman Steve Roberts
SECOND: Council Member Densley
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 |
Roll call vote. All Council Members voted in favor.
Chuck Gillette indicated the City received four (4) bids and the lowest bid was $592,298.29 from A-T Asphalt and the next closest bid was $177,000 higher at $769,000 from Progressive Contracting. There is a large discrepancy between the two and the City offered A-T Asphalt an opportunity to withdraw their bid thinking they had missed something. A-T Asphalt declined to withdraw their bid and indicated they still felt they could do the project for the bid price. Chuck Gillette stated he has one major concern, that being traffic control. The City has some history with A-T Asphalt. A-T Asphalt did the 400 South block improvements and there were a number of issues on that project. One of them was with traffic control. He noted that A-T Asphalt’s bid for their traffic control line item was half of what the other bids were for traffic control. A-T Asphalt will still have to meet MUTCD (Manual of Uniform Traffic Control Devices) standards. The City is going to have to be more vigilant in recognizing problems immediately and make sure the contractor gets them fixed immediately. A natural lag time in identifying problems and getting the contractor to correct a deficiency will likely increase the level of complaints from the residents. Council Member Densley inquired if there were any other big differences in the cost breakdown. Chuck Gillette indicated A-T Asphalt can provide the asphalt at a lower price but otherwise everything else was similar. Council Member Elwell inquired if the City has the manpower to oversee the project. Chuck stated that City employees Shiloh Pentz and Cody Mitchell can act as field inspectors. Council Member Elwell is concerned with the possibility or probability of a collision if the appropriate controls are not in place and inquired if it is possible to write in the contract penalties for failure, either being incapable or unwilling, to provide the level of safety that the City would require. Dale Coulam indicated the City has to be vigilant in documenting inspections. As far as the quality of the work goes the City may not hire a full-time third party consultant to perform the inspections but the City could use them on an as needed basis and build a better record than previously. Then if the City had to go to court, the City would have experts and documentation lined up. Regarding traffic control, the City has discussed public safety being on top of that issue and as public safety sees concerns, the City could step in and resolve the issue immediately until A-T Asphalt fix it themselves and then bill A-T Asphalt for that. The City will need to stay on top of this contract and be strict in the enforcement of it. Council Member Mendenhall stated she has a real problem with the bid and inquired if the City would be concerned with the next highest bidder. Chuck Gillette indicated the City doesn’t have any experience with PCI but from others that he has talked to, he has heard they do good work and feels better about their traffic control program. Council Member Mendenhall stated the traffic control program is a crucial component for this project and is going to affect a great number of people. If the City Engineer is concerned about the quality and traffic control as well as A-T Asphalt being so much lower on their bid than the others, along with staff time to oversee the project that translates into dollars. The probability is high that in the long run, and given the problems that have already been outlined the City will more than likely be closer in costs in the end to the second highest bidder. Dale Coulam indicated that A-T Asphalt has said they can do the project for the bid price and the City doesn’t currently have a pre-qualification process outlined. The City may want to consider that in the future. They are required to meet the same standards as any of the other bidders and it may be to the City’s advantage that the City is aware of some issues and can anticipate those. Dale Coulam indicated there is a risk with any of the contractors. Mayor Hart stated it is important to note that A-T Asphalt is a bonded contractor and if he were in the contractor’s position he would see to it that he did an adequate job. Council Member Densley inquired if A-T Asphalt is required to pay wages per Davis-Bacon and Chuck indicated "no". Council Member Densley stated that will save the contractor a lot of money. Council Member Roberts thinks the City should proceed with awarding the bid to A-T Asphalt based on what he’s heard from the City Attorney and the City Engineer.
MOTION: Council Member Roberts moved to approve an expenditure and award Contract No. 12-01 for construction of Snow Canyon Roundabout with the expenditure amount plus the change order in the amount of $645,000
SECOND: Council Member Densley
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
NAY |
MOTION: Council Member Roberts moved to amend the above motion to include the contract being awarded to A-T Asphalt
SECOND: Council Member Densley
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
NAY |
Dale Coulam indicated this will be the first Concession Agreement the City has entered into. There is an Ordinance in place that allows a Concession Agreement to be entered into to provide concessions in the City parks. The agreement is drafted to be fairly generic as far as what it allows and is a revocable license meaning it can be withdrawn by the City at any time. Council Member Elwell referred to the section on liability insurance. Dale Coulam stated he left that blank initially to allow the concessionaire to provide some feedback on that. The information has been received and that blank will be filled in with the standard amounts. Council Member Roberts inquired if concessionaires have to show their food handlers permits. Dale Coulam indicated they don’t show them to the City but typically the Health Department has inspectors that go to events and inspect.
MOTION: Council Member Densley moved to approve the Concession Agreement
SECOND: Council Member McDonald
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 requested items A and C be removed from the Consent Agenda.
| B. |
Approval of Service Truck Purchase |
MOTION: Council Member Elwell moved to approve the purchase of the Service Truck
SECOND: Council Member McDonald
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 |
| A. |
Approval of Purchase of Street Sweeper |
Council Member Elwell indicated the Council was advised years ago that the street sweeper that was being purchased was appropriate at the time and now the Council is being told that it wasn’t the right thing to do. He wants to make sure that staff has looked at this purchase.
Council Member McDonald stated he understands the vehicle was sufficient for the need at the time.
MOTION: Council Member Elwell moved to approve the purchase of the Street Sweeper
SECOND: Council Member McDonald
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 |
| C. |
Approval of Meeting Minutes for February 2, 2012 |
Council Member Elwell stated that as a matter for the record the Eagle Scout project that he reported on needs to be clarified to indicate it is a fundraiser for the Ivins No Kill Animal Shelter for the enhancement of the dog area with shelter and play items. Council Member Elwell referred to the Heritage Days discussion and thought the Council was looking at a different direction than what is in the minutes which reads "The Mayor and City Council Members directed the Parks and Recreation Director Benny Sorensen and those who wish to help with the festival become involved to generate a mission statement". He indicated the tone and tenor of everything that the Council discussed, to him was that the Council wanted the people, not staff or the Council, but the people to generate some thoughts and then give it to the Council to explore that we might generate a mission statement and from there, the Council with input from the citizens who want to see certain things accomplished and how best to go about that and to celebrate the birth of Ivins and those who made it happen and then have input from staff as to how those recommendations can work. If that isn’t what the intent was and the statement is correct, he has no problem with the minutes. Council Member Mendenhall stated that as far as she’s concerned the minutes are correct. Benny is responsible for the end product. Heritage Days is a City function and he’s the staff member designated to handle everything with that. Council Member Elwell indicated that if the City Council says they want to do something and do it a certain way, then the City staff needs to do it that way. The Council does not bend according to City staffs wishes. Council Member Elwell has a problem with staff defining in any way what the citizens would like to see for Heritage Days. Mayor Hart stated nobody is saying that the citizens shouldn’t come up with the program. It has been made abundantly clear that Heritage Days falls under Parks & Recreation and that Benny has to be involved in it. He understood the direction to staff as Benny contacting interested individuals and they would consider the ideas for taking Heritage Days towards a more local celebration. Dale Coulam indicated this might be appropriate for a future agenda item because the current agenda item is to approve the meeting minutes. It’s a matter of whether the minutes were recorded accurately. Council Member Roberts stated that what is stated in the minutes is what he perceived as what was finally decided on. Council Member Elwell indicated if the minutes are accurate he has no problem with them but would like to discuss this further on a future agenda.
MOTION: Council Member Elwell moved to approve the Minutes as amended
SECOND: Council Member Densley
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSTAIN |
Council Member Elwell indicated that at the previous City Council meeting a report from the Public Safety Department was to be emailed to the City Council but he never received it and requested that it be emailed to the Council.
Council Member McDonald referred to a letter regarding an individual from Ivins serving on the Special Service District which is also known as the Washington County Solid Waste District. Council Member McDonald has been serving in that capacity. Dale Coulam indicated an official Resolution appointing Council Member McDonald will be brought forward on the next City Council meeting agenda. Council Member McDonald reported that a commodities check will be presented to Ivins City Council on March 1, 2012 and the Solid Waste District has a paint re-mixing program that can be used to benefit Habitat for Humanity.
Council Member Mendenhall received a phone call from Gayle Newman re city investigate possibility of pickleball courts as an agenda item. She inquired about the status of House Bill 288. She has some ideas of Ron’s City mailer and will provide him with an example.
Council Member Roberts attended a Dixie Care and Share meeting. Their mission currently is to keep people from starving and out of the weather. There are approximately 860 children that are homeless in Washington County and 70-100 kids are living in cars or homeless camps. The majority of those who are homeless are families. Dixie Care and Share does not have the facilities to meet all of the needs in the County. Dixie Care and Share has a new Director and there has been a lot of discussion was about transitional stepping or bridging individuals from Dixie Care and Share to another organization like Habitat for Humanity. Dixie Care and Share suggested citizens in the county aware of the situation. They are also looking at educational opportunities and it is likely Dixie Care and Share will be requesting money from the City.
Council Member Densley reported that he, Council Member Elwell, Council Member McDonald and Mayor Hart attended a meeting regarding transit authority and the possibility of bringing that service into Ivins. It’s likely that there will be an advance study and taken under advisement as to how it would be funded.
Mayor Hart reported there was a Council of Government meeting this past week. Chuck Gillette made a presentation at the meeting for the City to secure the right-of-way funds for the purchase of right-of-way for the roundabout on Center Street and Tuacahn Drive. The Mayors were supportive of Ivins receiving the funding and Ivins is now funded for that portion of the project. The Shivwits held a couple of events this past weekend and Mayor Hart attended the round dance celebration. It was an interesting experience and a nice event.
| C. |
City Manager, Judy Gubler |
Excused.
| D. |
City Attorney, Dale Coulam |
Dale Coulam reported on House Bill 288. That bill has passed the House and has gone to the Senate standing committee, which is the first step after it’s been introduced. The main focus of that bill is clarification of "level of service" that would be included in the impact fees facilities plan. The bill also clarified that some private entities that are required to provide water could fall under the impact fee statute. As far as the fiscal notes it likely won’t increase costs to governments but could be an increase in cost to some private businesses. Council Member Densley inquired as to the status of the business directory. Dale Coulam indicated Kent Cook is working on it and a draft has been prepared.
Council Member Elwell would like to discuss city festivals on a future agenda.