Audience: Scott Raine, Jenny Johnson, Claudette Larsen, Judy Gubler and others who did not sign in.All present included 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, Public Works Director Dave Glenn, City Engineer Chuck Gillette, Building and Zoning Administrator Kevin Rudd, and Director of Finance Wally Ritchie.
EXCUSED: None.
A. Acknowledgement of Quorum
B. Flag Salute Boy Scout Troop 1813 led the Flag Salute
C. Invocation Council Member Elwell gave the Invocation
D. Disclosures There were no disclosures or conflicts of interest with items on this meeting's agenda.
A. Presentation of Master Municipal Clerk Award to Kari Jimenez Washington City Recorder and President of the Southwest Recorders Association, Danice Bulloch, presented Kari Jimenez with the Master Municipal Clerk certification and read a recognition letter from the Utah Municipal Clerks Association. Kari Jimenez thanked the associations as well as the past and present Mayor, City Council and City Manager for supporting continuing education. Mayor Hart congratulated Kari and thanked her for her service.
B. Department Reports: Public Works, Engineering, Building Department and Finance Public Works Summary of Operations Engineering Report Finance ReportDave Glenn previously provided a written report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. Dave reported that the design for improvements on Highway 91 is progressing. The plans have been prepared and are being reviewed by UDOT (Utah Department of Transportation). The Engineer's estimate on that project is $4 million and Ivins has been granted $2.8 million from the MPO (Metropolitan Planning Organization) and at the last meeting they gave the City another $400,000 towards that project. The MPO also gave Ivins $20,000 to use towards updating the Transportation Master Plan. The bids came in and was over $20,000 so the MPO gave another $10,000 to Ivins to cover those costs. Horrocks Engineering was selected as the consultant for the Transportation Master Plan update and Chuck Gillette met with the property owner of land between 200 East and 400 East just north of the Desert Rose subdivision. That property owner has signed over the property to the City so the City can proceed with moving the fence and irrigation and completing the road improvements.Chuck Gillette previously provided a written report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. Chuck reported that the Main Street outfall mitigation project was completed on December 4, 2014; however, there are concerns that the partially grouted rip rap is not fully protecting the structure because the water discharging from the storm drain disappears under the rock before coming out. Staff is requesting that the Council authorize the additional expenditure to fully grout the structure. That request is on the agenda tonight and the NRCS (Natural Resources Conservation Service) is willing to provide additional federal funds to expand the scope of the project to grout the rest of the spillway. The City is working with the NRCS to upsize culverts at Highway 91 and the Kayenta Wash Crossing. He received a letter from a concerned resident regarding erosion and water runoff onto his property from the face of one of the dams in the Taviawk area. The homes in Kayenta are built with the ground dug down resulting in drainage being an issue when it rains. The City has regraded the top of one of the dams to have it slope towards the basin but has purposefully avoided rock facing the surface because of cost and aesthetics. He feels that it would be unfair to the City to rock face the dam when the dams have been there for 40 years and the homes are fairly new. The options to mitigate the erosion and runoff issues are to rock face or spray tack the dams. Spray tack doesn't last and is expensive. An estimated cost to spray tack the dam closest to the residents home would be between $5,000 and $10,000 with the other dam ranging from $10,000-$15,000. Funding from the NRCS may be available to do that in the future but not immediately. He referred to a resident in that area that recently installed an 18' curb wall around the back of his house at his expense and how effective that has been. Chuck Gillette stated that if the dams weren't there, there would likely be more damage when it rains then there currently is. Dale Coulam clarified that this discussion, as well as another proposal, will be on the January 15, 2015 City Council agenda.Kevin Rudd reported there was one (1) single family building permit issued in November and seven (7) issued so far in December. The developer has started working on the Cliffrose subdivision and the second phase has been approved by the Planning Commission. He reported that Troy Dennett has started on the restaurant conversion and Family Dollar submitted building plans for the store itself but the City is waiting for their completed construction drawings. The City has been talking to residents regarding Code Enforcement in December rather than sending violation notices.
C. Presentation of Budget Preparation Schedule Budget Preparation ScheduleWally Ritchie referred to the Budget preparation calendar, a copy of which is available by request through Ivins City Hall. Department needs will be presented to the City Council on February 5, 2015, with the discussion and prioritization of Department needs on the February 19, 2015 City Council agenda. At the City Council meetings on April 2, 2015 and April 16, 2015, the City Council will review and discuss the Proposed Tentative Budget. A Public Hearing will be held in May and per Utah State Code, the Budget is required to be adopted by June 22, 2015.
D. Planning Commission Report Chairperson Jeff Loris reported that the Planning Commission approved a Final Plat for phase 2 of the Cliffrose subdivision. They also discussed changing the appointed terms for members of the Planning Commission and Sensitive Lands Committee and the City Attorney provided training to the Planning Commission members.
| 3) | CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE |
Kevin Rudd indicated that this subdivision is located on the Southeast corner of 600 South and Main Street and is zoned R-1-7.5 Single Family Residential minimum lot size 7,500 sq. ft. The subdivision has 19 lots and complies with all zoning and subdivision regulations. The TRC (Technical Review Committee) and Planning Commission recommend approval of the Preliminary Plan. Zach Renstrom with Bush and Gudgell Engineering provided an alternate plan to the Mayor and City Council. The alternate plan is now a cul-de-sac and has a flood wall that will allow water to pool and then flow into the storm drain. The alternate plan will also reduce the amount of fill that was originally planned to be brought in. Kevin Rudd stated that the TRC has reviewed the alternate plan and thinks that it will work and will benefit the City. Dale Coulam clarified that the applicants have not amended their application and it stands as it is; however, staff is open to ideas if the Council would prefer closing off Main Street with a solid block wall so that water does not enter onto property. The applicant prepared a draft of an alternative plan to address comments and concerns that were made at the Planning Commission public hearing. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.Red Cliff Application Red Cliff 2014-12-02 PC Minutes re Red Cliff Red Cliff Preliminary Plan Red Cliff Staff ReportMayor Hart referred to only one access in the new plan. Kevin Rudd clarified that the cul-de-sac is in compliance with City code and does not require a second access. Council Member Elwell referred to small area at the end of the cul-de-sac and inquired if that would be landscaped. Zach Renstrom indicated they are flexible with that and someone has already suggested a small putting green for that area. Council Member Densley inquired about the flood wall and detention area. Zach Renstrom clarified that the detention area is oversized and water from their project will not be adding to or be a problem for the Sand Cliffs subdivision. Mayor Hart stated that a developer is technically only required to deal with the surface water within the project and inquired if the alternative plan accomplishes that. Chuck Gillette indicated it does. Council Member McDonald stated that if the TRC believes the modified plan will work and would be a benefit to the City, he's ok with it. Mayor Hart stated that the TRC and the Planning Commission have recommended the first plan. Chuck Gillette clarified that the City prefers the alternate plan. Council Member Mendenhall indicated she preferred the cul-de-sac idea and recognized that a lot of thought had been put into the alternate plan. Dale Coulam clarified that the motion would be to modify the Planning Commission recommendation and accept the alternative as presented, based upon the finding that there is a geologic exception to the requirement to connect into Main Street.
MOTION: Council Member Mendenhall moved modify the Planning Commission's recommendation to approve a Preliminary Plan for Red Cliff Estates Subdivision located on the southeast corner of 600 South and Main Street and accept the alternative due to fact that it negates the requirement to connect because of a geological hazard
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
Resolution No 2014-19R Lease Purchase AgreementDale Coulam stated this is in the budget and the expenditure was previously approved by the City Council. The Lease Purchase Agreement is through Zions Bank at an interest rate of 1.08% for the purchase of a vehicle. Council Member Densley inquired why the City was doing a Lease Purchase rather than purchasing. Wally Ritchie clarified that the City is purchasing it and that there is no ballon payment at the end. The City will make four (4) equal payments over two (2) years, at which time the vehicle will be paid off and the City will own it outright.
MOTION: Council Member Mendenhall moved to approve a Lease Purchase Agreement and Resolution No. 2014-19R, a Resolution of Ivins City, Utah, approving the form of the Equipment Lease Agreement with Zions First National Bank
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.
B. Discussion regarding policy for unused sick leave and extended sick leave accrued by Ivins City employees prior to January 1, 2004 Sick leave accrual prior to Jan 1 2004Dale Coulam indicated there was a policy adopted in 2004 that mandated how unused sick leave was to be used. The City currently has three (3) employees who qualify for this policy. One (1) employee has slightly over $15,000 of accrual, one (1) employee has approximately $5,000 of accrual and one (1) employee has approximately $1,000 of accrual. Recently one of qualifying employees had vehicle issues with significant repairs and requested to tap into their accrual but was unable to because there is no out clause in the current policy. The liability to the City is the same but it's an extra step to track accruals for the old policy. If the Council agrees to this, he would suggest that there be a time frame for the accrual to be paid out. Wally Ritchie recommended a three (3) year time period. Council Member Roberts would like to see all of the employees in the same program. Council Member Densley inquired as to what the eligible employees would prefer. Dale Coulam clarified that the individual with the largest accrual would prefer it be paid out over three (3) years. The Mayor and City Council agreed that the pay out period should occur over a period not to exceed three (3) years. Dale Coulam will prepare a draft of an amended policy for review by the City Council at the next City Council meeting.
C. Annual training on open meetings and other matters Dale Coulam stated that the City is required by law to hold annual training and may be eligible for a rebate of part of its liability insurance premium from the Utah Local Governments Trust if certain steps are met. The City recently held it's final Safety Committee meeting of the year. That has been headed up by Parks and Recreation Supervisor Dalan Briggs and he has done an excellent job handling that.
Dale Coulam provided the following training to the City Council:
Open Meetings: Any action taken must be done openly and all deliberations are to be conducted openly. The word “meeting” is defined as the convening of a public body when a quorum is present, including work meetings. If there is no quorum of the body, there is no meeting. The members may not discuss a public matter with a quorum present without it constituting a meeting. There is a social exception such as church, parties, etc, so long as public matters that should be discussed in an open meeting are not discussed in the social setting. When in doubt, the meetings should be open and be careful of any “pre-meeting” or “post-meeting” discussions about an agenda item when a quorum (3) is present. This violates the Act.
Disclosures: Municipal Officers’ and Employees’ Ethics Act and Ivins Ordinance 2.06.501. The City Council Members were provided with Disclosure forms that they must keep current and update annually or whenever there has been a change in circumstances. Dale Coulam indicated that they must also verbally disclose the nature of any conflict with an agenda item in the open meeting. Section 2.06.501 in the Ivins Code states “In the event a member is an applicant or presenter of an item that is before the public body for decision, the member should not participate as a member of the public body regarding that item, either in the discussion or voting concerning that item." The member isn't required to step down from their seat but he recommends that because of public perception. The Council Members should disclose any interest they, or a close family member, have in a business that the city does business with. Council Member Roberts inquired about in-laws and Dale Coulam clarified that unless there is a real need to not disclose, it would be for their personal protection to disclose. Council Member Roberts inquired if that was the same thing for someone who owns a business that has clients that do business with the City. Dale Coulam clarified not unless the business owner directly benefits from the client doing business with the City. Council Member Densley inquired if there was a monetary amount associated with not disclosing. Dale Coulam stated there is and the monetary amount determines the penalty for not disclosing. He suggested that if there is a financial benefit, it should be disclosed. The City will remind the members twice a year to update their disclosures but if they think of something in between those times, they can update the Disclosure with the City Recorder.
Exactions: An exaction is a contribution of property (land, improvements, money or impact fees) required as a condition of development approval. It may be a type of “taking” prohibited by the Constitution-property can’t be taken without giving just compensation-if done improperly. He discussed the Nolan/Dolan Test (2 supreme court cases). There must be an essential link to a legitimate public interest and there must be rough proportionality between the cost of the exaction and the cost of the impact. A new development can and should be required to pay its fair share; anything above that may be considered an exaction. An exaction is determined only on new improvements at the time of approval based on the burden on the city services by the new development. There is a similar test for establishing Impact Fees. Each exaction must stand on its own in meeting this test.
A. Approval of expenditure for change order to Contract 14-07 Central Ivins Storm Drain Outfall Repair Central Ivins Storm Drain Outfall Repair
B. Approval of expenditure for professional services to update the Storm Drain Master Plan Storm Drain Master Plan
C. Approval of Memorandum of Agreement between the State of Utah Division of Parks and Recreation and Ivins City and Washington County, Utah Staff Report and Memorandum of Agreement
D. Approval of City Council Meeting Minutes for December 4, 2014
MOTION: Council Member Mendenhall moved to approve the Consent Agenda as presented
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
| 7) | CONSENT AGENDA ITEMS FOR DISCUSSION |
| 8) | REPORTS |
A. Council Council Member Densley reported that the SunTran bus is nearing completion
Council Member Roberts reported that the Southwest Mosquito Abatement and Control District Board met and held a Public Hearing on their budget
Council Member Mendenhall - no report
Council Member McDonald reported that he attended a Washington County Solid Waste District meeting where their budget was discussed. The District's budget is in good standing.
Council Member Elwell - no report
B. Mayor Mayor Hart reported that he attended a Water Conservancy district meeting. They are close to finalizing a new study for a capital facilities plan and are working to incorporate it into a study of rates and impact fees. It looks like there is going to be serious discussions regarding water rate increases. Currently Washington County has one of the lowest water rates in the Southwest and impact fees are insufficient to take care of the systems. Mayor Hart reminded the City Council that the Neighborhood Meetings will take place on January 8, January 22 and January 29, 2015 at City Hall at 7:00 p.m. and he invited them to attend.
C. City Manager/Attorney Dale Coulam Dale Coulam reported that at the Planning Commission meeting, they discussed term length for the Planning Commission and Sensitive Lands Committee. It was unanimous to move forward with an amendment to change their term of service to a three (3) year term, with a maximum of three (3) terms. When this discussion comes before the City Council, they will need to look at the current expiration dates to ensure they are staggered. He reported that he held a Department Head meeting and invited Gary Zabriskie of Five Counties to attend. Mr. Zabriskie assisted Ivins in obtaining the grant for the new ambulance. Now is the time to prepare lists to be submitted to the CIB (Community Impact Board) and Ivins City has several projects in mind that may be approved. He reported that the City is looking at purchasing for the Council Members, laptops or tablets that have at least one (1) USB port. All of the newer computers are using Windows 8 with a touch screen and there is a learning curve to that. He asked for direction regarding their preference.
D. Items to be placed on future agendas
| 9) | CLOSED MEETING |
| 10) | ADJOURNMENT |
MOTION: Council Member McDonald moved to adjourn
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
The meeting adjourned at 7:45 p.m.
Respectfully,
Kari D. Jimenez, MMC
Ivins City Recorder