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:
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
and
City Engineer Chuck Gillette.
EXCUSED: None.
Audience: Delores Osborn, Judith Kapuscinski, Roger H., Wendy Bradley, Claudette Larsen, George Stoddard, Myron Lee, Lance Anderson and others who did not sign in.
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.
Kevin Rudd reported the current zoning for Taviawk Phase XII is RE-20 (Residential Estates, minimum lot size 20,000 sq. ft.) and that phase contains 24 lots. The current zoning for Taviawk Phase XIV is RE-12.5 (Residential Estates, minimum lot size 12,500 sq. ft.) and RE-15 (Residential Estates, minimum lot size 15,000 sq. ft.). That phase contains 103 lots. The Technical Review Committee (TRC) reviewed the plan and commented on Phase XII that the cul-de-sac serving lot numbers 371 and 372 may need to be increased in size to provide frontage and emergency access. The length of Kwavasa Drive to be improved will need to be determined. On Phase XIV, the TRC commented that the concept plan does not show a connection to Center Street at approximately 750 West as per the Transportation Master Plan. The TRC recommends connection to Center Street. There are several lots that are smaller than allowed by the existing zoning but would comply with the Subdivision Lot Averaging Overlay.
Kevin Rudd reported there were 130 single family building permits issued in 2013. Ten (10) single family building permits have been issued in January, 2014 to date. Code Enforcement Officer Dennis Murphy is working with people as much as possible to resolve code enforcement issues. Potential development is continuing; Family Dollar looking at property in Ivins; possible development of a parcel near Tuacahn; possible development of 30 acres near the VA Center; and a 100 unit hotel-condo development on Snow Canyon Parkway.
Dale Coulam stated Dave Glenn was excused but a written report was provided to the Mayor and City Council prior to the meeting. A copy of the report is available by request through Ivins City Hall.
Chuck Gillette reported the Center Street widening design is 90% complete. The City is in the process of obtaining easements for the trail but that has been delayed due to property owners needing to review the impact of the right-of-way on future development plans. The City may be able to obtain the right-of-way as early as the week of January 20, 2014. The City intends to advertise the project in February, 2014 for construction bids and begin construction in April, 2014. The Del Coronado Street project is complete and work on the portion of 325 West is scheduled to start the week of January 20, 2014. That should be complete in three (3) or four (4) weeks weather permitting. A preliminary draft concept design is planned to be submitted on January 24, 2014 for the Red Mountain Dam rehabilitation. The NRCS (Natural Resources Conservation Service) will be evaluating the dams more thoroughly and using drilling equipment in the next few weeks. There has not been a preferred alternative for the environmental assessment. Bids were received on Wednesday, January 8, 2014 for the recoating of the Taviawk Water Tank and that is on the City Council Consent Agenda. Bids were received on Wednesday, January 15, 2014 for the Center Street Trail Lighting project. It's likely we will recommend rejection of all bids and rebid the project due to the sole source of the lights being overpriced. The City is looking at other options and may purchase the lights directly and then bid out the installation. There is approximately a $500 per bollard price difference which is significant. An RFP (Request for Proposals) on the Blue Sky Solar Project on the Firehouse has been released and proposals are due on Wednesday, January 22, 2014. The City was awarded a $50,000 grant for the solar panels. Council Member Roberts referred to the Center Street widening project and inquired if the City is unable to obtain the right-of-way in the near future if that would increase the City's costs for the project. Chuck Gillette indicated it's possible there will be additional costs for engineering but he did not think it's likely to affect the construction costs.
Commissioner Mike Scott reported that the Planning Commission held two (2) Public Hearings. One regarding requirements for fence and walls for swimming pools and to allow pool covers in certain conditions in lieu of fencing. They recommended approval of that where a property would have other natural barriers and only with an approved safety cover, which is not currently required. The other Public Hearing was on proposed amendments to various zoning regulations which was a housekeeping item to recognize other changes that have been approved. They continued discussion regarding proposed amendments to elements of the Ivins City General Plan. They recommended approval of most of the items that the TRC (Technical Review Committee) recommended but felt that 700 West should be eliminated from the Master Plan map. The Planning Commission approved a Final Plat for Taviawk Phase XI-G and continued discussion regarding building design requirements.
Dean Cox, Ron Whitehead and Myron Lee were present on behalf of the Five County Association of Governments regarding a local transportation funding proposal. They provided information to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. They indicated that the Utah State fuel tax was last increased in 1997 and has been the primary source of revenue to fund local roads. The existing fuel tax is paid per gallon and is not indexed to inflation and therefore steadily loses buying power over time. Additionally, as vehicles become more fuel efficient and as alternative fuel and electric vehicles increase market share, users pump less fuel, further eroding revenues. Funding the construction and maintenance of roads out of fuel taxes makes sense because the tax is a user based fee. Municipal General Funds consist mainly of property and general sales tax revenues and should be reserved for residential and community services that benefit all owners and resident of the communities, including public works, police and fire, sanitation, parks and libraries. Those important services are suffering in many of Utah's communities because General Fun money is being diverted to fund critical transportation needs. The proposal is that the State take legislative action authorizing counties to impose a 3% local option fuel user fee. That fee would have to be approved by the legislative body of a county prior to being levied in that county. County governments would have two (2) opportunities to authorize the full 3% fee. If the authorization action was taken by June 30, 2014, the user fee would take effect January 1, 2015. If the authorization action was taken by June 30, 2015, the user fee would take effect on January 1, 2016. 100% of the proceeds of the local option fuel user fee would flow to local governments if they are opted in. If they do not opt in, they would not receive any revenues from the local option fuel user fee. Revenues from opt-in counties would be allocated by 50% of the local option fuel user fee revenues collected in a county would be pooled with revenues from other opt-in counties around the state and then allocated among and within those counties according to the existing Class B & C road fund formulas. The other 50% of the local option fuel user fee revenues collected in a county would remain in that county. In counties of the first and second classes, the county legislative body in consultation with constituent municipalities would allocate funds for selected projects in the county. The legislation would provide that the revenues flow to the levying county but not specify any local decision making process for allocation. That process should be flexible and locally driven and may vary from county to county. In counties of the third through sixth classes, 50% of the funds would be allocated by the legislative body of the county and the other 50% would be allocated within the county according to the existing Class B & C road fund formulas. They are doubtful that the Legislature will take any action this year but thinks the Legislature will study it. There has also been discussion of adding a fee of approximately $200 to annual motor vehicle registrations. The Five County Association of Governments thinks the local option tax has a lot of merit and is the best option they have seen. Council Member Roberts referred to a local agreement and inquired if it would include the Indian Reservation. Dean Cox clarified the Indian Reservation would be in the agreement but they are taxed differently. The tax would be levied at the refinery and not at the pump. The Five County Association of Governments is looking to see if the municipalities would support this. Council Member Densley inquired if there will be a tax increase across the board for diesel. Ron Whitehead stated that isn't in the proposal but it is being discussed, although diesel is already taxed five (5) cents more than gasoline. Council Member Roberts inquired if there has been any discussion regarding taxing CNG. Ron Whitehead indicated CNG is a very small percentage of the use but it is growing and at some point in the future may be addressed. Council Member McDonald stated it's important to maintain the roads and if they can keep the money local, that's the better option. Ron Whitehead indicated Tooele County is rotomilling their roads and turning them back into dirt roads because they are unable to maintain them. Council Member Densley stated the roads need to be maintained and he's in support of the proposal to keep the money local. Council Member Roberts didn't like the vehicle registration fee option because it misses the people traveling through from other states. He felt that since some of the money would be coming from out of state, the City should look at reducing property tax as well as addressing the use of larger roads and trail by bicycle riders. Mayor Hart indicated that very issue came up at a Vision Dixie meeting and a representative of the cycling community indicating the cyclists would be willing to pay a reasonable fee. Council Member Elwell stated if the legislature passes anything close to what was provided tonight, he would support it. He does not support the vehicle registration fee because overall it would be unfair. Council Member Mendenhall inquired if they have any information from different states and counties across the United States. Myron Lee indicated "yes" and that those states and counties are looking at this very same issue and a local gas tax has been passed in several neighboring states.
MOTION: Council Member McDonald moved to support the Local Option Transportation Tax as it has been presented tonight
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 |
Council Member Roberts seconded the motion, with a caveat that they look at exploring the other options with CNG, bicycles and anything that can be added into that.
Judith Kapuscinski and Roger Head were present on behalf of the Kayenta Arts Foundation. She provided a PowerPoint presentation and information to the Mayor and City Council. A copy of the information is available by request through Ivins City Hall. Judy and Roger have experience in grant writing and "Our Town" is a grant program offered by the National Endowment for the Arts. The Kayenta Arts Foundation requested that Ivins City partner with them to submit a grant. A requirement of the grant is a partnership with a minimum of one (1) local government entity and one (1) non-profit corporation. A one (1) to one (1) local match, which may be in-kind, is required. The application deadline is January 15, 2015 and grants are awarded July 1, 2015. Grant funds may be used for festivals and performances, public art that improves public spaces, creative asset mapping, community wide master planning for public art, design of cultural spaces, design of public spaces and design projects for rehearsal, studio or work spaces for artists. The Kayenta Arts Foundation and Ivins City would be primary partners in the grant. Kayenta Arts Foundation would be the lead partner and would establish strategy meetings throughout 2014 to develop a grant proposal and seek additional partnerships from developers, businesses and similar. Ivins City would designate a City representative to work with the Kayenta Arts Foundation and provide matching support which can be in-kind. Council Member Densley inquired if the Kayenta Arts Foundation is looking for City staff to prepare the documents for the grant. Judy Kapuscinski indicated "no" they will prepare it but may need information from the City. Council Member Roberts was in favor of this and stated the City needs to look at this through the budget process. Judy Kapuscinski suggested looking at what the proposal is going to be and then bring that back to the City Council with the information. Council Member Elwell referred to formulating a Parks and Recreation Plan years ago and one thing that came up was the unique view corridors in Ivins City. He would like to see areas established where there would be a bench to sit on and something that identifies certain aspects of the community. The Mayor and City Council agreed that Council Member Mendenhall would be the designated City representative to work with the Kayenta Arts Foundation.
MOTION: Council Member Roberts moved to appoint Council Member Mendenhall to serve as the liaison with the City and the Kayenta Arts Foundation and that Ivins City move forward with the development of a proposal for the National Endowment for the Arts "Our Town" Grant
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 |
Mayor Hart inquired if the City Council is in favor of pursuing this and if so, the Planning Commission may look at it. Council Member Densley would like to incorporate view portals into the future bus stops. Council Member Roberts is not against it as long as in the future the City isn't subsidizing. The City Council agreed to explore this in more detail and start with the City Engineer.
Dale Coulam indicated this is a follow-up item from the previous City Council meeting. The change removes the specific time period to remove snow. Regarding overflowing of water, it includes irrigation systems with the exception to incidental landscape sprinklers that may go on the sidewalk. Council Member Elwell inquired if the language sufficiently covers the City as it relates to liability. Dale Coulam stated "yes" because it doesn't remove the duty of the homeowner to clear the sidewalk. Regarding the amendment to the irrigation, it enhances the City's ability to contact the property owners who are allowing the water to run off into the streets.
MOTION: Council Member Elwell moved to approve Ordinance No. 2014-03, an Ordinance of Ivins City, Utah, amending sections of Ivins City Code regarding overflowing of water on public property and snow removal
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.
Dale Coulam stated the City will need to address this issue at some point this year. Portions of the Act are in effect now and some go into effect March, 2014. The City may have to change some policies to prepare for meeting the requirements of the Affordable Care Act. If the City stays with the current healthcare provider, there may be a 30-50% increase in cost and may be forced to switch providers. PEHP does not have to comply with all provisions of the Act and as some municipalities renew their policies, Ivins City is watching that closely to see if PEHP' rates are lower. There are questions regarding mandatory coverage versus the voucher system. Under the current system Ivins doesn't get in the voucher system because eligible employees are already offered a plan and don't qualify for the voucher system. In the future there will be a tax issued on some plans, one for single coverage and one for family coverage. Ivins City currently offers these two classifications although for employees with single coverage, the City offers a benefit allowance so that the same benefit amount is provided whether an individual selects single or family coverage. Dale Coulam indicated he spoke with the Director of Finance Alan Rae and they both agree that the City cannot continue to offer the benefit allowance, especially if there's going to be a large increase in cost for coverage. Sister cities do not offer a benefit allowance. They just pay the premium for either single or family coverage. If the benefit allowance is discontinued, they need to think about how the City transitions that with the employees. If it's discontinued with no transition, that would be a large reduction in the employees check. Some possibilities to address this would be to determine what the Affordable Care Act provides and that's the benefit or you provide a salary increase to someone receiving the benefit allowance and then discontinue the allowance or determine what the cap is and the employee pays above the cap. On several issues, Ivins City is in a position to maintain status quo until December 2014 when it has to renew health care coverage. Council Member Roberts inquired if the employees have an amount deducted from their check to pay the premium or if the City covers the premium. Dale Coulam clarified that the City covers the premium. They have core benefits for the employee and their family and if they haven't used the full benefit allowance, they can purchase additional benefits like life insurance, dental, vision, 401k or take it as additional compensation in their check. Council Member Roberts inquired if other municipalities require employees to pay towards the premium. Dale Coulam stated some do. Council Member Roberts inquired if as part of the transition, the City could provide a one time salary increase. Dale Coulam indicated the concern with that is the employee could "double-dip" by taking the raise and then signing up for family coverage.
Dale Coulam stated Open Meetings training is required annually. He referred to portions of the Open and Public Meetings Act provided by the Utah League of Cities and Towns in their Powers and Duties book. Elected officials are to take their actions openly and their deliberations are to be conducted openly. For purposes of the Act a "meeting" is defined as the convening of a public body when a quorum is present so if three (3) of the City Council members are together, it constitutes a quorum. It includes workshops and executive sessions even though the Act does not define them. It also includes electronic communications. However, there was a statute passed that said they could communicate with other Council Members, or whatever body they serve on, and that that was allowed. He also discussed the use of blind ballots to make an appointment and stated he thought that would be improper because the public would not know how each councilmember voted. Before or after a meeting the Mayor and City Council Members should be aware of the potential for it to appear that they are holding a meeting if there are three (3) members present. He also discouraged side bar discussions during a meeting because those discussions are not open to the public.
Council Member Roberts - no report
Council Member Densley - no report
Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell - no report
Mayor Hart reported that he attended a Snow Canyon meeting on Council Member Densley's behalf. The group was instructed to focus on additional recreational opportunities that may exist. He attended a board meeting for the Southern Utah Veteran's Home. There is approximately one (1) acre of land north of 200 North that Veteran's Home administration believes may be a liability for them and they would like to know if Ivins would like to have that piece of land back. Council Member Roberts suggested the City study this and place it on a future agenda. Mayor Hart reported that the eagle monument project is underway and it and the roundabout center piece is now at a facility in St. George where the artist is working on them. The address is 955 North 1300 West, St. George. He reported that that the CIB (Community Impact Board) heard Ivins request for money to purchase an ambulance due to the drastically larger ambulance service area that now covers over 500 square miles as well as Ivins current ambulance are two (2) surplus ambulances from Springdale and one unreliable ambulance. After hearing the presentation, the CIB granted Ivins $132,000 to purchase a new ambulance. Supplies and equipment from the unreliable ambulance will be transferred to the new ambulance.
Dale Coulam reported that the City will need to budget and put a plan in place to eventually replace the 1992 and 2000 ambulances over the next five (5) or six (6) years. He reported that Ivins will begin Paramedic service on February 1, 2014. He referred to the recent Neighborhood Meeting and indicated there was overwhelming support for a Recreation Center of some type. He met with Santa Clara's City Manager Ed Dickie regarding consolidating animal control services. An agreement has been drafted and is being reviewed.
| D. |
Items to be placed on future agendas |