All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
and
Council Member Densley.
STAFF:
City Manager/Attorney Dale Coulam,
Parks and Recreation Director Benny Sorensen,
Public Safety Director Bob Flowers,
and
Deputy City Recorder Martha Wilson.
EXCUSED: None.
Audience: Friday and Cherrie Fablinger, Claudette Larsen and others who did not sign in.
Mayor Hart acknowledge there was a quorum.
Council Member Densley led the Flag Salute.
Council Member Densley gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Benny Sorensen reported that basketball has started and there are a lot of kids registered. There are thirteen (13) teams in one (1) division. There were no burials in December. He is working on a mapping program for the cemetery, removing Christmas decorations and working on getting the roundabout on Center Street and Tuacahn Drive ready for landscaping.
Bob Flowers provided a written monthly report to the City Council, a copy of which is available by request through Ivins City Hall. Things are going well in the Public Safety Department. Tuacahn High School is interested in a resource officer. There would be no cost to Ivins and the resource officer would work between Tuacahn High School and Vista Charter School. There have been a lot of individuals speeding on Taviawk Drive and 200 West. Individuals are also speeding on Snow Canyon Parkway. If the City receives complaints, the police department is doing what it can. The Police Department is very much aware of the speeding and he encouraged people to obtain a license plate number and they will contact the speeders. Signs has been put up on Taviawk drive to tell people to slow down and the speed trailers have been put in that area. Issuing of citations has increased, primarily on the weekends. Council Member Mendenhall indicated people don't pay attention to the signs on Taviawk and there is some serious speeding on Taviawk, especially around midnight. Council Member Elwell referred to Bob's report and the SCI (Santa Clara Ivins) statistics and requested a side-by-side break down of the two (2) cities with locations.
| B. |
Planning Commission Report |
There was no Planning Commission report because there was no meeting on January 1st.
Dale Coulam indicated that in November, 2011 the City Council passed a resolution allowing the free zoning text amendment. There were five (5) requests in 2011 that were processed in 2012. The fee for each request is $1,000 so the total would have been $5,000. The resolution waived those fees because the requests met the requirements in the resolution. The actual costs to the City for those five (5) requests were between $3,500 and $4,000 because they were processed together. The $1,000 fee is to cover the costs of the process so the real cost to the City is still $5,000. There have not been any requests for 2012. Council Member Elwell stated it's difficult to make an evaluation on this process when there weren't any applications in 2012. He suggested the Council consider that rather than having a free application which could possibly invite frivolous applications, consider a fee that could discourage frivolous requests. There is the possibility of applications that could be costly to the public. Council Member Roberts inquired if the requests have to be acted upon in a public hearing or could they go before the Council to be considered. Dale Coulam indicated the requests would be processed per the ordinance which begins with the Planning Commission. The Planning Commission has a Public Hearing and makes a recommendation to the City Council and the City Council then holds a Public Hearing and ultimately makes a decision. If a person pleads a hardship, Kevin would offer the free application but the applicant would have to wait until the end of the year and the process would begin at the first of the next year. If they need to move quickly, they would need to pay the $1,000 fee. Council Member Roberts suggested the process could be amended to say once the City has a list of possible changes, those could go before the Council to see if the City Council wants to pursue any of those. Dale Coulam stated the process could be changed to consider requests for hardship cases rather than applications. Council Member Densley indicated Kevin Rudd walks the applicant through the process because there's detail that the applicant has to supply. If it's a frivolous request the applicant would likely get discouraged and not follow through with the request. Council Member Roberts doesn't want to see this process go away and suggested putting a hardship process in place. The $1,000 application fee is a lot of money for some people that may have a legitimate request. The City has budgeted similar or more amounts to other items like the Princess Pageant, Town Activities, Community TV, the Fitness Festival, Southern Utah Music, Dixie Care & Share, Street Painting and other similar activities and feels the City could budget for hardship requests. Council Member McDonald inquired if an individual could submit a request through a Citizen Comment for the Council to review. Dale stated that is a possibility but not everyone understands that process. Kevin Rudd indicated that the majority of the requests are driven by people who want something that the ordinance doesn't allow. They want to know what avenue they have to try and change the ordinance. He likes the idea of compiling requests, taking them to the City Council and letting the Council review the requests and decide which ones to address. Council Member Mendenhall stated the City Council could consider a fee but she is not in favor of extending the zoning text amendment. She referred to one (1) of the five (5) requests that the City Council addressed. That issue was addressed by the City Council on two (2) other occasions and the request had been denied. She wouldn't want someone to come before the City Council and Planning Commission on one or more occasions and use the amendment process to try once again until the Council changes their decision. The City needs to consider the cost. It doesn't sound like a lot of money but every time the Council has a discussion on money, it's about how much can the City save and where can the City cut back. She never thought this process was a good idea. If someone has a hardship and has something worthwhile that needs to come before the Council, something would need to be put in place to address those. Mayor Hart indicated there is support to continue this process but with a reduced fee and something addressing a hardship. Dale Coulam stated it will be difficult to define what constitutes a hardship. Council Member Densley suggested it should be reviewed on a case by case basis. Council Member McDonald agreed and indicated there should be a limit to repeated requests. There was discussion regarding discarding repeated requests and a suggestion of charging a $100 fee.
Dale Coulam referred to the timeline, a copy of which is available by request through Ivins City Hall. He stated the revised timeline starts earlier in the process to allow more time to discuss and review the budget. He will meet with Department Heads this month and bring their requests forward to the City Council in February. By law the budget has to be adopted no later than June 22, 2013 and hold a Public Hearing in advance of that date. The Public Hearing is currently scheduled for May 16, 2013.
Dale Coulam indicated this issue came up because of a proposed development in Kayenta. The land use overlay requires clustering and open space into one area and that isn't Kayenta's style of development. Kayenta's style of development is to have open space between the homes. They have four (4) lots that are approximately 24,000 square feet and because the City does not average lot sizes but requires a minimum lot size, Kayenta had to request a zone change to RE-20 even though the lots are significantly larger than 20,000 square feet. The zone change to RE-20 caused concern with the residents so the developer prepared and filed a concept plan so that the residents could see what the plan for the development was. It prompted the discussion of whether or not the City should discuss using average lot sizes rather than minimum lot sizes. The agenda item tonight is for the City Council to determine whether or not this should be considered.
Council Member McDonald is okay with lot size averaging as long as there is a certain percentage that is within the minimum lot size. Mayor Hart agreed and suggested 25% plus or minus. Kevin Rudd suggested creating an additional overlay. He thinks it's a good idea. The overlay may encourage some development. The Mayor and City Council agreed.
Dale Coulam stated this document was previously sent to the City Council electronically. Five Counties Association of Governments considered the new growth rate numbers and projections put out by the State of Utah and incorporated those into this document. There are still some changes the City needs to make but it is interesting to see what housing needs are for this decade and how much of that housing needs to be Moderate Income Housing according to their studies.
Dale Coulam indicated there is an employment agreement that was presented and that form is a simplified version of the one that was in place for the prior City Manager Judy Gubler. He would have a conflict as far as advising the City Council on the terms of that contract since he is a party to it. If the Council has questions about the provisions of that contract that they would like to have legal input on, that item should be tabled and put out to independent legal council. Mayor Hart stated that when Dale Coulam made it known that he had an interest in taking this position after Judy Gubler retired and offered to hold the interim position through July and the budget process, the Council discussed that and determined to bring it forward at the first of the year to discuss. The Council still has the option of leaving the position status quo and deferring it for a period of time. He inquired if the Council wanted to adjourn to a closed meeting pursuant to the Utah Code to discuss the various issues. Dale Coulam clarified it would only be to discuss character etc but if the Council wants to discuss issues relating to the agreement or similar, those are open meeting issues. Council Member Mendenhall had a few concerns but indicated she did not mind discussing them in an open meeting. Council Member Densley stated the Council has discussed character and professional competence in a closed meeting previously and suggested the City Council hold a discussion in the open meeting, move on and make a motion. Council Member Mendenhall indicated her concerns are not personal against Dale Coulam. She is concerned that the work load would be too heavy with combining City Manager, City Attorney and Director of Human Resources at some point. The burden that would be placed on him would not be fair to him or the City. She has seen this in action in the corporate world. It doesn't work and there may be issues down the road. Council Member Elwell stated he had much of the same concerns. The City went to the form of government with a City Manager by ordinance in response to the State Auditors office findings that too much power was vested in the Mayor at that time. He was initially concerned that the agreement puts too much power on one person's shoulders but does not feel that it does. He sees some great benefits of combining City Manager and City Attorney. He suggested the City Council look at how the Council changes the status quo if combining the two isn't working as opposed to what is in place now. He referred specifically to the provision in the agreement that references 90 days after any election. He inquired if all of the incumbents are re-elected, does the 90 day period stay in force. The Council chose half of that time to call for a decision for Dale Coulam to be the City Manager. He supports appointing Dale Coulam as the City Manager at this time with the concerns stated. Dale Coulam indicated there is an annual review process that is included in the agreement and City policies. Mayor Hart indicated the City Manager serves at the pleasure of the Council and doesn't feel 90 days is significant. Dale Coulam stated the duties of the City Manager include the requirement to be in charge of all of the administration. That encompasses HR and some of the Administrative Services duties he has been doing, some of which have now been delegated. Andrea Byers has a PHR (Professional Human Resource) certificate and handles the daily aspects of HR including initial employee training and orientations for new employees, medical and other benefits as well as handling accounts payable and payroll. He acknowledged that there are times when a conflict arises. He reminded the City Council that if the City is sued, he does not represent the City, insurance defense council does. As City Manager and City Attorney he is primarily involved in risk management. He also spends a lot of time drafting and reviewing contracts or ordinances and resolutions. He doesn't see a major conflict with the City Manager and City Attorney positions. He agreed that if the City experiences rapid growth like it did several years ago, the duties could become overwhelming. If that were the case, it would need to be discussed but currently that is not the case. He has worked in private practice and since he has assumed the City Manager position, the work load has been similar to when he was in private law practice.
Council Member Roberts stated he doesn't see an issue with Dale Coulam being the City Manager and City Attorney. He is fully confident that Dale Coulam can, has and will continue to do a good job as the City Manager and City Attorney and there is a savings to the tax payers of over $100,000. He suggested the City move forward and approve the resolution.
Council Member McDonald indicated he has known Dale Coulam for awhile and thinks that while the conditions are the way they are with the City, it would be wise for the City to take the opportunity to save money. The Council has the annual review or review as they see fit to have him continue in the City Manager and City Attorney roles or determine otherwise if things change. The concerns that have been mentioned are absolutely valid but the City has the ability to resolve them at anytime they become a concern.
Council Member Densley stated Council Member Mendenhall makes a good point. He sees Dale's position being similar to that of a CEO (Chief Executive Officer) and if that CEO needs help, you hire people to help. He believes that Dale would tell the Council if he needed help. He supports appointing Dale Coulam as the City Manager and City Attorney.
Mayor Hart indicated that because of the previous City Manager, Judy Gubler, the new City Manager will be inheriting a City that is in good order and shape. He feels that Dale Coulam brings good qualifications to the City and agreed that as times change, adjustments can be made in whatever form that needs to be done. Dale Coulam stated that in the future as things pick up, the City could hire a less experienced City Attorney, whom he could mentor as a City Attorney. Council Member Elwell indicated he has been impressed with Dale Coulam from the day he started with the City. He feels that Dale is honest and has integrity and he endorses him as City Manager.
MOTION: Council Member Densley moved to approve Resolution No. 2013-01R, a Resolution of Ivins City, Utah, appointing Dale Coulam as City Manager
SECOND: Council Member Roberts
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.
Dale Coulam stated that at the last City Council meeting Council Member Mendenhall mentioned that it has been difficult for her to serve on this board due to her schedule. Council Member Roberts has agreed to serve on the board and represent Ivins City.
MOTION: Council Member McDonald moved to approve Resolution No. 2013-02R, a Resolution of Ivins City, Utah, appointing a representative to the Southwest Mosquito Abatement District Board of Directors
SECOND: Council Member Elwell
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.
Council Member Densley reported that the Flood Control meeting was cancelled in January and will not happen until February. There will be a meeting with SunTran on January 17, 2013 to discuss the bus routes and the buses. One reason they did not like the smaller passenger buses is because they didn't have adequate air conditioning.
Council Member Roberts - no report
Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell - no report
Mayor Hart reported he has been invited to make a five (5) minute presentation at the Economic Summit regarding the progress on the VA Nursing Home.
Dale Coulam reminded the Mayor to attend the Staff Meeting tomorrow. Rocky Mountain Power will provide a presentation to the Council on February 7, 2013 at 4:00 p.m. The Neighborhood Meetings start Thursday, January 10, 2013 at 7:00 p.m. and the first meeting is for the area of 200 East to the East boundary.
| D. |
Items to be placed on future agendas - None |