All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
City Engineer Chuck Gillette,
Director of Finance Alan Rae,
and
Business License Specialist Kent Cook.
EXCUSED: None.
Audience: Mark Cox, Tom Pruden, Claudette Larsen, Jeff Loris, Nate H., Jordan Svedin, Kiernan Martineau, Lisa Rutherford, Chad Fleck, Braxton Munde, Shellie Hurt, Issy Wittwer, Kelsee Snow, Kenzie Loo, Morgan Strombery, Jan Bates, Shanna Hansen, Ashlee Svedin, Gayle and Roger Bray, George Stoddard and others who did not sign in.
Council Member Roberts led the Flag Salute
Council Member Roberts gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Shellie Hurt introduced the Youth Task Force team consisting of eleven (11) youth from the community ranging in age from sixteen to eighteen (16-18). The task force started in August, 2012 and they are CPR certified and first aid trained. They have been able to ride-along with police officers, learn self defense and search and rescue training. In March they will learn about fire fighting. The purpose of the task force is to provide the youth exposure to the Public Safety field and provide them with opportunities for scholarships by performing community service and similar activities. Mayor Hart indicated the City is appreciative of the work Shellie has done with this task force and thanked her and the youth task force.
Dale Coulam stated Dave Glenn was excused. A written report previously submitted by Dave Glenn is available by request through Ivins City Hall. Chuck Gillette reported that the Tuacahn Wash Detention Dam has been completed. JP Excavating was behind schedule but was able to expedite the construction and complete it on time. The State Engineer completed the final inspection and verbally indicated everything is in order. The design is complete on the Tuacahn Rip Rap project and the City will move forward with obtaining easements. The Snow Canyon Drive park entrance road reconstruction project was bid on February 14, 2013 and the low bidder was JP Excavating. The award for that bid is on the Consent Agenda tonight and construction may begin as early as Wednesday, February 27, 2013. He reported that he and the Mayor met with the Utah Division of State Parks in Salt Lake City last week and they expressed a willingness to contribute funds of approximately $40,000 to that project. Federal funds have been granted for the Center Street Widening project. Sunrise Engineering has been selected to provide the design engineering. Staff is working with UDOT on an agreement to proceed with the design. The City would like that project to be completed before school starts in August. Staff is working on a plan for road maintenance and the City is reviewing a lot of development plans.
Kevin Rudd reported building is continuing to increase. The City has issued 24 single family building permits since January, 2013 and a zone change has been submitted for approximately fifteen (15) lots on undeveloped property in the Historic Township.
Chairperson Adel Murphy reported that the Planning Commission approved a Preliminary Plan for Taviawk Phases 11 and 12 with a condition that the Development Agreement is approved. They also reviewed the Ivins City Affordable Housing Plan. Adel Murphy provided a PowerPoint presentation to the City Council regarding the proposed amendments to Ivins Commercial Zoning Districts, Commercial Site Plan, Building Design Requirements and Table 33-2 Table of Uses. A copy of the presentation is available by request through Ivins City Hall. The proposed additional zoning districts are CLM (Commercial Light Manufacturing), P (Commercial Professional & Research) and RMU (Resort Mixed Use). Zoning district CLM replaces the Industrial Zone which has always been light use. Zoning district P is a new zone that creates a campus or professional park for a variety of professional uses and Zoning District RMU is a new zone that allows a mix of commercial and residential uses with a required residential component. There is a proposed change to zoning district CN (Commercial Neighborhood) that would allow for a residential component with a maximum of two (2) dwelling units on a second story above commercial. Chapter 19 currently combines site plan requirements and building design requirements and the proposed changes to Chapter 19 would separate those items to make the requirements clearer. Changes and/or additions to Site Planning Requirements are proposed in the following sections: Landscaping, Site Design and Layout and Lighting and Signage. Changes and/or additions to Building Design Requirements are proposed in the following sections: Horizontal Emphasis, Building Massing and Building Materials and Textures. Proposed changes to the Table of Uses are: CLM - name change from "Industrial" to "Commercial Light Manufacturing"; CN - an addition of a use to accommodate the zone change to allow residential dwelling units on the second floor of a commercial building; RMU - contains many of the same uses found in Resort Commercial; and P - allows for primary and secondary uses. The following new uses are proposed to apply to various zones: Art Studio and Art Workshop, Cultural Event Center, Dwelling Single Family and Two-Family and Recycling Binnies. Mayor Hart stated the work the Planning Commission has done is awesome and in line with Ivin's Vision Statement in the General Plan. He reported that he has received communication from Planning Commissioner Todd Benson who will have to step down from the Planning Commission. The City will be looking for someone to replace him and the Mayor suggested that individual have an architectural background.
Alan Rae provided a PowerPoint presentation to the City Council, a copy of which is available by request through Ivins City Hall. He reported that General Fund Revenues are meeting or exceeding projections. General Fund Expenditures are at or under budget at this point. There has been substantial growth in the Impact Fee Fund due to the number of building permits issued. Enterprise Funds are positive at this point. He recommends continuing to account for the sewer and storm drain separately and then when reporting externally, report those as a single fund, which will be less confusing to external users. He reported that if the City were to reduce Ivins' Property Tax for residents by 10%, the savings would be: $23.38 on a home with a value of $200,000; $35.06 on a home with a value of $300,000; $46.75 on a home with a value of $400,000; and $58.44 on a home with a value of $500,000. The City has been looking at ways to report the Animal Shelter budget that would answer some of the questions that arise as to how some of the revenue is being spent. The Council discussed the possibility of a Special Revenue Fund and other ways to best track revenue and expenditures for the Animal Shelter. The Council determined that a special account will be set up to receive donations through the 501(c)(3) entities and then transfers to the General Fund will track what is expended. The budget will reflect the baseline costs for the Animal Shelter.
Kent Cook provided a copy of a letter regarding advertising in the newsletter that was emailed to registered businesses in Ivins. He also provided an example of the advertisements. A copy of the information is available by request through Ivins City Hall. He reported he made personal contact with three (3) businesses and there were 141 businesses that were emailed the letter. The businesses that advertise in the newsletter will also be on the Ivins website. Council Member Densley suggested that Kent make personal contact with the spas, businesses in Kayenta and others.
Mayor Hart reported that artist Ed Hlavka has been working with the City and has homogenized the concepts that the City Council previously discussed and provided a concept model to the City Council. The model depicted the following concepts: Native American, Pioneer, Recreation, Performing and Visual Arts and Spa/Meditation. The Mayor and City Council discussed the piece representing Ivins and inquired if the Spa/Meditation figure could be modified. Ed Hlavka indicated it could. Rick Hughes is Mr. Hlavka's Business Manager and stated the current model is step one and represents a substantial number of hours. The next step would be to discuss the model in greater detail. If the Council would like to move forward, he requested that Ed Hlavka be commissioned. The total cost of the sculpture would be approximately $200,000 and would be done in phases. If the same or similar piece was being commissioned anywhere outside of Ivins, the cost would be closer to $500,000. Mr. Hlavka is a resident of Ivins and would be providing the piece at a substantial discount. Council Member Roberts inquired of the possibility of establishing a fundraising commission. Rick Hughes indicated there may be some funds that have already been donated and he would be happy to participate with fundraising. He provided a handout of the general process and timeline recommendations to the City Council. A copy is available by request through Ivins City Hall. Mayor Hart stated the City has been the beneficiary of Mr. Hlavka's art in the roundabout at the entrance to Ivins. The General Plan describes Ivins becoming or being a destination community and indicated the City needs to figure out a way to invest in something for this roundabout that promotes the City in a special and significant way. He realizes there will be some residents of the City that will say it's a foolish and extravagant expenditure, but he does not feel or think that way. Ivins City has received property from an individual with the stipulation that it be used for a cultural purpose. Over the last three (3) years the City has been involved in a number of important Public Works projects that has saved significant money for the residents. It would be a good idea to approach Ivins local businesses regarding their interest in donating. Individual residents may also be interested in donating. Council Member Elwell referred to a $50,000 windfall on the 200 East roundabout project in addition to the windfall of the horses in the first roundabout that Ivins benefitted from. Ivins City has had great support and two nice enhancements to the City mostly at the hands of others that the residents take advantage of. He agrees with the Mayor that an investment of this kind of project, in the long run would be very advantageous. Council Member Densley referred to the $40,000 that Chuck Gillette reported on tonight and inquired if those funds could be used for the roundabout center piece. Dale Coulam indicated the funds would need to be used for the road project but receiving that money does save the City money. The City would need to look at the budget to see if phase 1 of the sculpture could be done in this budget year and then the other phases in the next fiscal year. The Mayor and City Council agreed to proceed with finding a way to fund the project.
Mayor Hart stated Rocky Mountain Power made a presentation to the City Council two weeks ago and two of their representatives, Mark Cox and Lucky Morris are present tonight. Rocky Mountain Power has contributed to the City in a variety of ways. Discussing the municipalization of power began because residents approached the Council with their concerns that Ivins is paying more for electricity than neighboring cities. Alan Rae provided a PowerPoint presentation to the City Council, a copy of which is available by request through Ivins City Hall. It would cost approximately $13 million dollars to build an electrical system. Ivins City has been accepted as a member of UAMPS (Utah Associated Municipal Power Systems). Rocky Mountain Power has made it clear to Ivins that they are not interested in selling their system. There would be a significant cost to the City to defend a condemnation procedure or to construct a parallel system. Dale Coulam indicated there will be significant costs associates with this and suggested that the City obtain the residents' input by conducting a detailed survey. If the City were to decide to move forward with condemning Rocky Mountain Power's system, it will be an involved and long legal process and if the City decided to move forward and build a system, it would take time to get a system in place. There are a lot of questions to be answered and he feels it is important to obtain the residents input. It's likely that a General Obligation bond in the approximate amount of $14 million would be required and voted on by the residents. The City would be borrowing more for one project than for the total of all of the City's bonds currently, which is approximately $10 million. The Mayor and City Council agreed the City should obtain the residents' input but would like to know the cost of a professional survey before they determine whether or not to move forward with a survey. Dale Coulam will obtain cost information and provide it to the City Council members.
Mayor Hart stated this discussion began because of an effort in the state legislature to remove Snow Canyon from the State Park system. Kai Reed is the President of Friends of Snow Canyon State Park and he is grateful to her conscientious research and direction. She pointed out that the Resource Management Plan for Snow Canyon State Park that was created in 1998 and agreed to by the parties, included this Memorandum of Understanding (MOU) and was never implemented due to an oversight on the part of the State Parks. The MOU allows for a Board to consider policy, direction and management for Snow Canyon State Park. Kai Reed indicated Friends of Snow Canyon State Park was incorporated in July, 2011 as a 501(c)3 non-profit organization. The primary mission is to preserve, protect and support Snow Canyon State Park through fundraising, contributions from membership dues and grants, providing volunteer hours for projects, creating public awareness and education and to provide a voice for the members who love and cherish Snow Canyon. Council Member Densley referred to the board and inquired who would be on the board. Mayor Hart stated it would be an elected official from each of the cities identified in the MOU. Dale Coulam indicated a motion for this item and item 5)C can be done in one motion.
Dale Coulam clarified that the Resolution has been amended to make it an Ivins City Resolution. The Motion to approve should also include approval of the Memorandum of Understanding.
MOTION: Council Member Densley moved to approve Resolution No. 2013-05R, a Resolution of Ivins City, Utah, approving the Execution of a Memorandum of Understanding Concerning Coordination in Matters Relating to the Operation and Management of Snow Canyon State Park as amended
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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam stated this has been approved by the County and has been forwarded to the surrounding cities for consideration. Mayor Hart indicated it's a very complicated issue that originated at the State level. The support is being sought from counties and cities to strengthen the State's case as they pursue this in Federal Court. Council Member Elwell and Council Member Mendenhall are opposed to this Resolution. Council Member McDonald inquired as to why and Council Member Mendenhall indicated because of the high probability of it being declared unconstitutional. Council Member Mendenhall referred to a position paper in opposition to the Resolution. A copy is available by request through Ivins City Hall. Council Member Roberts requested Council Member Mendenhall forward her comments to the other City Council members for them to review and suggested this agenda item be tabled.
MOTION: Council Member Roberts moved to table this until the next meeting
SECOND: Council Member Mendenhall
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 Mendenhall was excused from the meeting at 9:10 p.m.
Dale Coulam indicated there are some discussions regarding the possibility of merging fire services with Santa Clara. The issue of whether or not to expand wildland firefighting has come up and may be a factor in determining whether or not fire services are combined. A significant amount of legal research has been done regarding the impact of the Fair Labor Standards Act (FLSA). The FLSA says a de minimis amount can be paid for a volunteer fire fighter. If it's not based on hours or productivity, a stipend can be paid as long as it does not exceed 20% of what a full-time fire fighter is paid. They would be considered a volunteer fire fighter and a City is not required to pay minimum wage or overtime. When individuals go out on a wildland fire, and starts getting paid on a per hour basis, those individuals become employees and lose their volunteer status. If Ivins increases wildland fire fighting and starts paying them per hour, those individuals would be considered employees and the City would be required to pay a minimum wage, provide health care benefits if they work more than 30 hours a week, provide retirement benefits if they work 40 hours a week, and over-time if they work more than 40 hours a week. Those have huge implications to the budget. Council Member Elwell inquired if the merger would affect the ambulance service and Dale Coulam stated it would not include the ambulance service. Dale Coulam indicated the City needs to define whether or not Ivins remains a volunteer fire department and if they do remain a volunteer fire department, that would define the scope of wild land fire fighting services. Council Member Densley inquired what Chief Bob Flower and Chief Randy Hancey's positions were on this issue. Dale Coulam indicated they are supportive in whichever direction the Council decides. The City Council agreed that Ivins City fire department will remain as a volunteer fire department and would limit wild land fire fighting to fires in the local area.
Dale Coulam referred to an Fiscal Year 2014 Budget Request/Needs sheet and referred to a few items that had been changed. A copy of the information is available by request through Ivins City Hall. Mayor Hart wants to make sure the City is being fair with the employees potentially cost sharing health care costs. Dale Coulam stated another level of employee will need to be created that is between 30 and 40 hours with limited health care benefits. He suggested the City phase in an employee contributing to their health care plan.
Dale Coulam indicated the Engineers will design the entire system, will likely pay Ivins for the estimated cost of the inlets and pipe on the Sun Crest West side; Ence will pay Ivins City $5,000 for installation of the Sun Crest West improvements; and the City will put in the trench drain and pipe down to 200 West.
MOTION: Council Member Roberts moved to approve Memorandum of Understanding among Ivins City, Ence Homes and Premier Design & Engineering regarding drainage improvements on 200 South in and adjoining the Sun Crest West subdivision in substantially the form that it is in
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
ABSENT |
Council Member Elwell - no report
Council Member McDonald reported that the City should have received a report and check for $3,635.27 for the recycled materials in the binnies. The program was previously subsidized and the amount received reflects the actual proceeds without subsidies. The amount is approximately half of what was received the previous year.
Council Member Roberts reported that The Red Cross is holding a heroes recognition event and honoring Bill Stay and other Veterans on Thursday, April 4, 2013 at the Dixie Gardener's Center from 11:30 a.m. to 1:00 p.m. Ivins City was invited and participated in a recording regarding the Veterans Nursing Home.
Council Member Densley - no report
Mayor Hart provided copies of two (2) letters to the City Council that were sent to him by Vern Bloxham and James and Helen Furr regarding different issues. Copies of the letters are available by request through Ivins City Hall.
Dale Coulam provided a Conservation and Respect Report for 2013 to the City Council that was provided to the City by Rocky Mountain Power. A copy of the report is available by request through Ivins City Hall.
| D. |
Items to be placed on future agendas |