City Council

Copy of the City of Ivins record for City Council, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.

CITY COUNCIL
MINUTES
January 15, 2015

MAYOR AND COUNCIL: The meeting was called to order at 5:30 p.m. and announced there was a quorum present.

All present included Council Member Elwell, Council Member McDonald, 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: Council Member Mendenhall

Audience: Susan & Rick Erickson, Delores Osborn, George & Linda Davis, Gail Fulde, Jeff Fisher, Becky & Chuck Warren, Jim Keeley, Nancy & John Scott, Gary Paquin, Daniel Cornelius, Tamara & Mark Larsen, Brent Smith, Jack Mladek, Judith Kapuscinski, Jenny Johnson, Gary & Martha Burbidge, Dave & Gwenn Davies, Claudette Larsen, Slava Lubomudrov, Dean & Sharon Aspenberg, George Stoddard, Kathy Barth, Deanne Hanson and others who did not sign in.

Mayor Hart acknowledged there was a quorum present. Council Member Mendenhall was absent.

Council Member McDonald led the Flag Salute

Council Member McDonald gave the Invocation

There were no disclosures or conflicts of interest with items on this meeting's agenda.

Dave Glenn reported that the design for the Highway 91 improvements is wrapping up and is being reviewed by UDOT (Utah Department of Transportation). The City met with the consultant on the improvements for 200 East and 400 East and those plans are complete. The City will advertise to get bids for those improvements. The Storm Drain Master Plan and the Transportation Master Plan updates are underway. He reminded the Mayor and City Council that the SunTran ribbon cutting will be on Wednesday, January 21, 2015 at 3:30 p.m. just north of City Hall by the park. Staff has been installing the bus stop posts and the schedule is on Ivins website. On February 10, 2015 the Transportation Expo will be at the Dixie Center from 10:00 a.m. to 5:00 p.m. Ivins will have a booth in the expo highlighting the Highway 91 improvements and the Transportation Master Plan.

Chuck Gillette reported that the NRCS Mitigation Main Street Outfall project was re-grouted and the project site was finished and stabilized on January 6, 2015. The culverts have been repaired in the SITLA wash. The City has some drawings that are going to be submitted for permitting for the Highway 91 culvert replacement project that should be completed by the end of March. The Washington County Water Conservancy District has prepared a set of plans for the dam causeway for the Ivins Reservoir and sediment is currently being removed. Council Member Densley inquired if the City negotiated with the contractor to remove the sediment at no cost to the City. Chuck Gillette clarified that the City has been able to trade for services and has been really pleased with that. He referred to the Encanto project and stated that a pre-construction meeting was held two weeks ago and he expects construction to start soon. The developers are aware that construction has to be started before February, otherwise they will be required to monitor for tortoises.

Kevin Rudd provided a Code Enforcement report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He reported that in 2014 Ivins City issued 95 single family building permits compared to 130 in 2013. Representatives of the Family Dollar Store met with Staff and will start building soon and staff will be meeting on Friday, January 16, 2015 with representatives on the Sentierre project.

Wally Ritchie gave a presentation on the Second Quarter of Fiscal Year Ending 2015. A copy of the presentation is available by request through Ivins City Hall. He reported that the local economy is steady with a moderate growth. Washington County's unemployment rate is 4.0% and gross taxable sales are at 9.2%. Ivins completed projects include Center Street Widening, Center Street Bollard Lighting, Blue Sky Solar project, ambulance purchase and numerous Storm Drain project. Ivins projects that are in progress include the Transportation Master Plan, Storm Drain Master Plan, Highway 91 design and the SunTran bus. In the General Fund revenue was $2,966,146 which is 55.12% of the City's budget. General Fund expenditures are $2,558,013 which is 47.54% of the budget. No Impact Fee expenditures were made during the 2nd quarter. Revenue was received in Capital Projects by a Blue Sky grant and an ambulance grant; all Capital Projects expenditures were planned. There are two (2) Funds in the Enterprise Funds, those being Water and Waste Water and a summary of the revenue and expenditures for those funds were contained in the presentation. As a Summary, Revenue and Expenditures were as expected through the 2nd Quarter. The City Manager, Finance Director and Department Heads meet and review the budget regularly and the City Council is updated monthly.

Chairman Jeff Loris reported that the Planning Commission held a Public Hearing on appointed term lengths for members of the Planning Commission and the Sensitive Lands Committee. They recommended changing the term lengths from five (5) years to three (3) years and forwarded that on to the City Council for a Public Hearing. The Planning Commission also approved a Final Plat for Posovi Phase II-D.

3)	CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE

4)	PUBLIC HEARING AND ACTION ITEMS - NONE

Chuck Gillette indicated there are residents who are concerned about sediment that comes off of the face of Dam 1 when it storms. Dam 1 is adjacent to the Taviawk subdivision and recent large storm events have loosened the matrix of the soil. There are a few options to address this issue. The options are to rock face the dam; place a non-toxic product that is an acrylic polymer emulsion that is supposed to be good for vegetation; or place biodegradable erosion control blankets on the face of the dam.
The rock face is the only permanent solution but is also the most expensive and is not aesthetically pleasing. The City would not be able to use sandstone because it disintegrates. Lava rock would be the easiest to obtain and it may be possible to use a reddish type of rock, but that would likely increase the costs. A resident from the audience indicated some of the residents may be interested in participating in purchasing the decorative rock. The estimated cost to rock face Dam 1 without using any type of decorative or alternative rock is $30,000-$40,000. To rock face all six (6) dams, the estimated cost is $390,000. If the City included that in the NRCS (Natural Resources Conservation Service) project, there may be funds that would cover 65% of that cost but the City would have to wait for the funding to be available, which would be later this year or in 2016. The acrylic polymer emulsion product option would cost approximately $1,000 the material for one application and City Staff could apply it using the water truck. It is supposed to last 12-16 months but more than one application may be required to bind the soil. Using the erosion control blankets would require removal of all vegetation and then re-seeding, although he has not seen that option work very well and it would only last 12 months.
Some residents have done their own mitigation by placing a 15-18 inch wall around their property.
Mayor Hart is not interested in something that costs people or the City money every year. The Mayor and City Council would like Chuck to follow up with the NRCS and see if they will fund this year instead of next year; research if lava rocks can be stained; and check on options and costs for decorative and other rock that could be used with lava rock.

Dave Glenn stated that the City was approached regarding participating in the installation of a storm drain on Agave Way, which is a private street. The City has worked with Home Owners Associations (HOA's) in the past to make improvements but the improvements were always in public streets. If the City participated in this project, the City would benefit slightly because it would catch some of the water running off the dam. Dale Coulam referred to the precedent the City would be setting. The prior policy was to collaborate with private property owners where the costs were shared but the improvements were in a public street. Dave Glenn indicated there is approximately 1 or 2 CFS (cubic feet per second) water flow off the dam when it storms. Mayor Hart stated that if the City is contributing to the run off, he'd be inclined to participate in option one identified in the Staff Report. Lance Anderson, a member and representative of the HOA, stated his numbers show 6 or 7 CFS and the biggest benefit of the City contributing to the improvements would be taking the water flow away from 400 West and 600 West. They're asking the City and the HOA to participate in the improvements. Council Member Densley inquired if the developer was going to participate as well and discussed having the entire Kayenta HOA participate. Lance Anderson stated the developer would cobtribute $7500 and the affected HOA owners would also participate in the costs, but not the entire Kayenta HOA. Council Member McDonald referred to the Staff Report and inquired who came up with the four (4) options. Dave Glenn indicated Staff and the HOA. Mayor Hart inquired if the City has the opportunity to take water out of Ivins system, would that be considered some value for the City. Dale Coulam clarified that it would. Council Member McDonald referred to the HOA and stated that the CIty has no control over the HOA and it isn't for the City to decide, determine or judge how the HOA runs. The City is looking at contributing to the improvements because the City receives a benefit. He struggled with setting a precedent for a policy change that is City wide. He indicated he would support option 2. Council Member Roberts felt that in this case he agrees that the City has some responsibility and that the City should only participate in what the City actually contributes. He suggested a compromise of splitting the difference between options 1 and 2. Mayor Hart clarified that the issue is what the value of the City's benefit is. The individuals benefiting from the improvements are Ivins residents. He asked the Council to focus on the value of the benefit to the City because all of the property below Kayenta is downhill. Council Member Elwell struggled with setting a precedent but if the City contributes to the flow, the City needs to do something and be responsible. He doesn't have a problem with option 1 but is not sure how to value that. Council Member Densley also struggled with setting a precedent and inquired if it was possible for the City to place a drain line at the toe of the dam. Dave Glenn and Chuck Gillette indicated it was possible but that it would be expensive and cost more than participating in option 1. Dale Coulam indicated that another option would be to enter into an MOU (Memorandum of Understanding) for property adjoining the red mountain dams. An MOU would be on a case by case basis and limited to properties adjoining the dam. He also clarified that if the City contributes money to a private project in a private street, the City does not want to maintain those private improvements. Council Member Densley commented that Ivins is unique because they help each other and if the City contributing to the improvements is going to help the home owners, he's in favor. He just wanted to make sure there's participation by others. The Mayor and City Council agreed to proceed with a Memorandum of Understanding and wait to determine the amount the City would contribute until the Council reviews the MOU and obtains additional information about the rock facing from the City Engineer. Dale Coulam will draft the MOU and bring it to forward at the next City Council meeting.

Dale Coulam indicated this may now be moot. When this was placed on the agenda, there was still discussion about closing Kaleva Trail and not repairing the flood damage to that road. That was of great concern to Public Safety because that would make it a very long cul-de-sac and there would be no other access. That then raised the question about a portion of Kwavasa. According to the MOU, that portion of Kwavasa was to have been improved to the point where it could be used as another access but to date had not been. As they cut the fire roads, they acted as a channel for water and sediment. There have been some improvements on Kwavasa where some berms have been placed to alleviate some of the flooding issues and that is helping from a storm drain standpoint. This was also an issue of concern to Council Member Mendenhall who was not present. Therefore he recommended the Council table this item.

MOTION: Council Member Elwell moved to table item 5)C indefinitely
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Dale Coulam stated this is perfunctory. The City Council discussed this previously in detail and this is the amended policy that has been brought forward.

MOTION: Council Member Roberts moved adopt Resolution No. 2015-01R, a Resolution of Ivins City, Utah, amending the 2004 policy regarding extended sick leave accrued prior to January 1, 2004
SECOND: Council Member Densley

VOTE: The motion carried unanimously.

Roll call vote. All Council Members that were present voted in favor.

The Mayor and City Council would like to retain Council Member McMcDonald as Mayor Pro Tem.

MOTION: Council Member Densley moved Cheyne McDonald by elected as the Mayor Pro Tem for the calendar year 2015
SECOND: Council Member Elwell

VOTE: The motion carried unanimously.

Dale Coulam indicated this vehicle was brought to the City Council previously and since then, the air conditioning compressor needs to be replaced. The City needs a new minimum bid and he deferred to Council Member McDonald. Council Member McDonald recommended a $6,000 minimum bid. The Mayor and other City Council members agreed.

MOTION: Council Member Densley moved to approve the Consent Agenda
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Elwell - no report
Council Member McDonald - no report
Council Member Roberts - no report
Council Member Densley inquired as to the status of the impact fee studies. Dale Coulam indicated it simply is too much for staff to update all of these in-house. The Five County Association of Governments is helping Ivins with the Transportation Master Plan, which will produce the Impact Fee Facilities Plan. The City will then have to do an Impact Fee Analysis to actually come up with the new Street Impact Fees. Storm Water, with the recent storm events, requires very detailed analysis and studies so the City has brought in an expert to proceed immediately with that study. As for the other areas of impact fees, there is need to get those done as quickly as possible. When the City met with Gary Zabriskie from The Five County Association of Governments, the City was told that the CIB (Community Impact Board) would likely be willing to pay for half of the expense of the studies for the remaining impact fees. The City has added that to Ivins' CIB list Council Member Densley stated that the City of St. George just reduced their impact fees by approximately 8%. Dale Coulam indicated he wasn't sure if that was across the board or if it was an approximate average because each study generates its own fee. He clarified that it takes a detailed Impact Fee Facilities Plan as well as an Impact Fee Analysis. Council Member Roberts inquired if the Council has the power to cut across the board cut a certain percentage until the analyses are done. Dale Coulam stated he didn't think the Impact Fee Act allowed that but he would research it. Council Member Densley reported that according to St. George News, Washington City is negotiating with SunTran for bus service.

Mayor Hart reported that he had a meeting with the Snow Canyon Joint Management committee on behalf of Council Member Densley. They are working on restructuring entrance fees to the park. Snow Canyon remains in the State Park system and the proposal is that the fees will increase slightly and that there will be two (2) new fees offered, one for $30 a year to Snow Canyon State Park that is separate from a full State Park pass and another for a one day admission. Anyone with a Washington County ID would receive a day pass for $5 per vehicle and the cost for anyone else would be $10 per day per vehicle. Snow Canyon is a revenue generating park and the feeling is that some of the additional revenues above the costs, should remain for the benefit of Snow Canyon State Park and it was proposed that 50% remain for the benefit of the park. The thought is to work with the Division of Natural Resources to widen the road shoulders and continue the trail to the highway. He attended the What's Up Down South Economic Summit today and indicated that Mayor Pike and others will be attending the SunTran ribbon cutting next week on Wednesday, January 21, 2015 at 3:30 p.m. and would like Ivins resident Tracy McDonald to cut the ribbon.

Mayor Hart requested that a discussion on how the RAP tax is going to be administered in Ivins be on a future agenda.

9)	CLOSED MEETING

10)

ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Densley

VOTE: The motion carried unanimously.

The meeting adjourned at 7:55 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Roberts	AYE
Council Member Densley	AYE
Council Member Mendenhall	ABSENT