All present included Mayor Hart,
Council Member Mehr,
Council Member McDonald,
Council Member Johnson,
Council Member Roberts,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Director of Finance Wally Ritchie,
Director of Public Safety Bob Flowers,
Public Works Director/City Engineer Chuck Gillette,
and
Public Works Assistant Director of Administration Tom Jorgensen.
EXCUSED:
Council Member Densley
Audience: Judith Kapuscinski, Kathy Ravenberg, Glenn Ravenberg, Lance Anderson, Aaron Anderson and others who did not sign in.
Mayor Hart acknowledged that there was a quorum present. Council Member Densley was excused. Council Member Mehr was on his way.
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.
Dale Coulam stated that the Mayor and City Council have talked about this quite a bit and are familiar with the RV resort, the appeal process that the City went through and the outcome of that issue. The administrative appeal in that case was based on the determination that the City Council's decision was legislative rather than administrative. It's anticipated that this issue will also likely be addressed at the State Legislature to more clearly distinguish the difference between legislative and administrative decisions. In the draft ordinance before the Mayor and City Council tonight defines what is legislative and what is administrative and the language is what appellate courts have used. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Ordinance
Council Member Roberts referred to the City Council's Powers and Duties on the first page and noticed that the word "initiate" was crossed out and inquired if the City Council initiates anything. Dale Coulam clarified that the Mayor and City Council Members can ask for things to be addressed but the process starts at the Planning Commission level and by Utah Code, the Mayor and City Council adopt and amend those things.
MOTION: Council Member McDonald moved to approve Ordinance No. 2017-02, an Ordinance of Ivins City, Utah, amending Title 16 of the Ivins City Code entitled "Zoning Regulations"
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members that were present voted in favor. One Council Member was excused.
Council Member Mehr arrived at 5:40 p.m. Mayor Hart inquired if he had any disclosures or conflicts with items on this meeting's agenda. Council Member Mehr indicated that he did not.
Resolution
Dale Coulam stated that Kevin Rudd is unable to return to work with Ivins and has retired from employment with Ivins. The City advertised and was able to find someone who is relocating to Ivins City and purchasing a home in Ivins. The individual has close to 30 years of experience and has an extensive back ground as a Building Official. He has also developed co-workers to move on to higher positions and has some planning and zoning experience as well. Mayor Hart invited Michael Rodriguez to introduce himself. Michael Rodriguez indicated that he retired from service in California and then relocated to Kingman, AZ where he is currently serving as the Chief Building Official for Mohave County. He is in the process of relocating to Ivins. Council Member Mehr inquired what his intent was moving to Ivins and suggested that the City obtain a reference from his current employer. Dale Coulam clarified that the City has extended a conditional offer of employment, conditioned upon completing the background check by contacting his current employer. The rest of the background has already been completed. Michael Rodriguez stated that it is his intent to relocate to Ivins and work for a long time.
MOTION: Council Member Johnson moved to approve Resolution No. 2017-04R, a Resolution of Ivins City, Utah, appointing Michael Rodriguez as Building Official/Zoning Administrator
SECOND: Council Member Mehr
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members who were present voted in favor. One Council Member was excused.
Resolution
Mayor Hart invited Kathy Ravenberg to introduce herself. Kathy Ravenberg indicated that she is a lifetime resident of Utah and moved to Ivins 16 years ago. She attended Weber State University as an art major. She stated that she was willing to do what she can to help bring the arts forward and thinks it helps students in so many different ways. Council Member Mehr inquired what her favorite medium was. Kathy Ravenberg stated she likes all kinds of art but works primarily with carving wood.
MOTION: Council Member Mehr moved to approve Resolution No. 2017-03R, a Resolution of Ivins City, Utah, appointing Kathy Ravenberg as an Arts Commission Member
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members who were present voted in favor. Once Council Member was excused.
Ordinance
Reasoning for adoption
MOTION: Council Member McDonald moved to table this agenda item to a future City Council meeting
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Staff Report
Tom Jorgensen indicated that Bowen Collins & Associates prepared an Impact Fee Facilities Plan and Impact Fee Analysis for sewer. He provided a PowerPoint presentation, a copy of which is available by request through Ivins City Hall. The purpose of these studies are to determine the public facilities required to service development resulting from new development activity and to outline the improvements which may be funded through impact fees and calculate the allowable impact fee that may be assessed to new development. There are three (3) projects identified in the next ten (10) years: 1) Tuacahn Wash Sewer Transmission Line Replacement; 2) 200 West 10-inch Sewer Diversion project; and 3) Highway 91 10-inch Sewer Line Expansion project. The impact fee is calculated based on the cost of serving ten (10) year growth per each Equivalent Residential Unit (ERU). Council Member Roberts inquired if anticipated growth is calculated on the current zoning or if the possibility of a higher density is taken into consideration. Aaron Anderson with Bowen Collins clarified that the projections are based on the current Land Use Plan but the impact fees are updated every five (5) years. Council Member Roberts inquired if they take the current fees being paid into consideration and if capital improvements are factored into that rate. Tom Jorgensen clarified that part of the fees are to pay for repairing and replacing infrastructure. Chuck Gillette stated that the current and recommended cost per ERU is $551.61, which is a 17.6% increase from the current rate of $468.90. In comparison to other municipalities in Washington County, Ivins is not the highest or the lowest for these impact fees. Council Member Roberts inquired if the rate is per unit and not based on square footage. Tom Jorgensen indicated that it is per unit but clarified that if a commercial entity comes in, the fee is a prorated fee based on fixtures or water usage. Chuck Gillette stated that Santa Clara funded part of the original sewer and that 87% of the growth is Ivins growth. Ivins is working on an agreement with Santa Clara to share 13% of the project costs.
MOTION: Council Member Roberts moved suspend the rules
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Planning Commission Member Lance Anderson reported that the Planning Commission reviewed and recommended approval of Preliminary Plans for Red Desert and Santarra Estates subdivisions. Those will go before the City Council for approval at the next City Council meeting. The Planning Commission also held a Public Hearing regarding zoning text amendments on swimming pool enclosure requirements but continued that discussion to the next Planning Commission meeting.
Agreement
Agreement with Exhibits
Chuck Gillette indicated that the City approved the original agreement on December 15, 2016. Kayenta has requested that an additional provision be added to the agreement to address future sediment removals. Council Member Mehr inquired if the cost of reseeding had been accounted for. Chuck Gillette stated that it had and that would be part of the federal funding to be received by the NRCS (Natura Resources Conservation Service).
MOTION: Council Member Roberts moved to approve the revised agreement for acquisition of an easement for the Kayenta Debris Basins project
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Wally Ritchie provided a PowerPoint presentation to the Mayor and City Council. A copy of the presentation is available by request through Ivins City Hall. He indicated that there will be a Public Hearing at the next City Council meeting regarding this. The last Impact Fee Study for Public Safety proposed a police facility for the Ivins City Police Department, as well as three (3) proposed fire station facilities. The City also needed an animal shelter at that time. In the current situation, Ivins law enforcement is combined with Santa Clara and no separate police facility is needed. The City now has ambulance service and there is a proposed remodel/expansion of the existing fire station, with equipment also staged in Kayenta. Ivins City has an animal shelter in operation. The proposed impact fee includes needed facilities and an apparatus component and is significantly reduced from 2006. The proposed impact fee is $94.87, down from $448.49. Impact fees do not go into effect until 90 days after they have been approved. Council Member Mehr referred to the budget process and suggested that adopting the new impact fee coincide with the budget process and the new fiscal year. Wally Ritchie clarified that due to impact fees not going into effect until 90 days after they're approved, the two will coincide. Mayor Hart referred to the animal shelter and stated that when that was remodeled, there was an expansion designed to attach to the remodel to complete that. There was no time table for the expansion and inquired if there was a need for that during the period of this study. Wally Ritchie clarified not in this study but that if for some reason there was a need to expand the animal shelter, the City could make that up in the new impact fee. Due to the recent changes that have occurred with the animal shelter, the animals in the shelter are down dramatically and the shelter isn't anywhere near capacity. Mayor Hart inquired if Ivins City also has access to the animal shelter in Santa Clara. Wally Ritchie stated "yes'. Dale Coulam referred to the proposed fire stations and indicated that until recently there was still discussion about new fire stations; however, after discussing that with the Public Safety Director, they both agreed that those are not feasible or needed at this time. The decision was made to remodel the current fire station and that would serve Ivins needs for now. Property would need to be acquired for the other proposed stations and the cost of property to the east is extraordinarily high. The City has been able to lease a space to the west in Kayenta so for at least this study, the City will focus on remodeling the current fire house, abandon plans to build a fire house to the east and allow the leased firehouse to the west to suffice for now. Law enforcement costs dropped with the combination of the two municipalities and both cities are happy with the arrangement. Wally Ritchie clarified that Ivins also has an aid agreement with Santa Clara where they respond if there's a fire in Ivins. Mayor Hart inquired if the leased facility in Kayenta is the best location. Dale Coulam clarified that it's the best of what's available right now. The City would like to have a fire house located on Kwavasa so that fire could respond in either direction quickly because the west side is the most vulnerable to wild land fires.
Mayor Hart indicated this is a follow-up to a presentation the City recently had. Dale Coulam referred to the presentation by Kreg Harrison. It was determined that the piece that Mr. Harrison presented to the City would cost approximately $200,000 which is a reduced cost for the City. The artist was informed that the City does not have the budget for that right now. He referred to funding future arts projects and inquired where the City Council saw money coming from to fund future art projects in Ivins because there would never be enough money just using 1/3rd of the RAP tax. Mayor Hart stated that there is an alternative for funding arts projects wherein an individual or a corporation has the opportunity to purchase an art piece. The tax implications are based on the appraised value of the piece and donated on the appraised value. He would like to write an article about that for a future newsletter. He felt that art is a critical part of Ivins City. The City of St. George has accomplished displaying art in their City through purchasing and on loan. Council Member McDonald inquired if it was possible to start saving and have a line item in the budget that goes towards a future project. Wally Ritchie clarified that there cannot be an expense line item but the City has a fund balance and there are different levels of that fund. A committed fund balance would be a balance where the City Council has asked for money to be set aside and those funds do not have to be for a specific item. If that's the City's long-term vision, it would be prudent to start setting money aside. Mayor Hart would like to see a drive through gallery in the City. Dale Coulam indicated that staff would need to know the percentage or a set amount of what was to go into the reserve and of that amount, what portion would be coming from the Arts RAP tax and the General Fund. Mayor Hart suggested that the City could dedicate the amount on an annual basis. Wally Ritchie clarified that the City should adopt a policy of how they're going to do that. He was comfortable with a percentage. The Mayor and City Council agreed that using a percentage was preferable. Council Member Mehr preferred to talk about moving away from an art feature and solve the entrance signs. He inquired if art are things that are looked at, things that are experienced, or both. He inquired if the City is further developing art by placing an object in the City or if there are other ways to promote the arts. He did not want to be narrowly focused and set aside money to place a statute in a roundabout. He stated that isn't a bad idea but would like to have more of a broad look for art. Mayor Hart indicated that for Washington County to continue to develop, arts are a huge part of that and was hopeful that as a City, they would think about that. Council Member Roberts inquired if Council Member Mehr was thinking about a school. Council Member Mehr indicated somewhere where art lessons or similar could be taken. Council Member McDonald inquired if Council Member Mehr intended the use of General Funds or RAP tax. Council Member Mehr stated RAP tax. Mayor Hart invited Judith Kapuscinski to the podium. Judith Kapuscinski with the Kayenta Arts Foundation (KAF) indicated that KAF has the potential of holding those types of classes. She felt that it was a good idea that the City Council is thinking about putting money aside. She referred to a clarification memo regarding KAF and the Kayenta Arboretum. A copy of the memo is available by request through Ivins City Hall. Council Member McDonald referred to setting money aside and clarified that would be for a specific purpose and not for RAP tax applications. Council Member Mehr inquired if the City Council was moving away from Kreg Harrison's piece. Mayor Hart clarified that an alternative to the City paying for the piece would be to find a way to budget for that using the newsletter to communicate a broader vision and explain how things are done in other cities because there are individuals in Ivins who are very supportive of the arts. Council Member Mehr inquired if the newsletter article would be broad based and not specific to Mr. Harrison's piece. Mayor Hart clarified that he would mention Mr. Harrison's piece in the article. The Mayor and City Council discussed private donations and funding raising and the possibility of the Arts Commission raising funds for the City. Council Member Mehr would like to have some art in the community that honors Ivins founder, Anthony Ivins. He felt that the City should be thinking ahead to Ivins centennial. The Mayor and City Council requested Wally look at the budget and bring something back to the City Council. Dale Coulam clarified that a policy would need to be adopted by Resolution.
Wally Ritchie provided the Mayor and City Council a PowerPoint presentation, a copy of which is available by request through Ivins City Hall. The Department Heads and City Manager reviewed the projects in the Five Year Plan. The City hopes to get started this budget year on remodeling the Fire Station. Mayor Hart inquired if the City will need to wait on that until the impact fees are in effect. Wally Ritchie clarified that once they have been approved, the City can begin the design but construction will not start until the impact fees are in effect.
Dale Coulam explained that the City has hired lateral employees in the past and there has been some concern raised that when the City hires someone with vast experience, they are required to start out with the same amount of vacation as a new employee. The experienced employee may have left a job with four (4) weeks of vacation and would only have two (2) weeks starting new with the City. He proposed starting at 3 (three) weeks for lateral hires or take the experienced employee's number of years and plug that number into our formula. Mayor Hart indicated that could be a potential stumbling block. Council Member Mehr had mixed feelings about this because if someone leaves a company, they're leaving that company. Dale Coulam stated that point was well taken and indicated that instead of giving the experienced new hire the maximum amount of vacation, think about something between the two so they're not starting over like a brand new employee yet recognize the value they're bringing to Ivins. The Mayor and City Council discussed this being applied to department heads, appointed individuals and/or skilled employees. Council Member Roberts felt that if the employees are skilled but not in management, they should also be considered based on their skills. Council Member Mehr is employed by a healthcare provider and indicated that the physicians and housekeepers all receive the same benefit. Council Member Mehr inquired if Ivins is behind and would like to know what other municipalities are doing. Dale Coulam indicated that he would look at what other municipalities are doing and report back.
Dale Coulam indicated that the City has already taken care of performance increases for employees and the City was conservative on those. This approval would be for Department Heads and the City Manager. The City is asking for just a COLA (Cost of Living Allowance) increase. If approved, this would occur halfway through the fiscal year so it would be divided between the two budgets and would be approximately the average of what employees received this current budget year. The Department Heads stayed in their budget and paid money back to the reserve fund as well as added to the reserve fund. Council Member Mehr when the last raise was. Dale Coulam clarified that they have not received anything except a Social Security COLA adjustment since the recession in 2008. Council Member Mehr inquired if this was in the budget. Wally Ritchie stated that it was. Council Member McDonald indicated that it was good that the City was able to put money away as anticipated. Wally Ritchie clarified that staff receives their increases early in the budget year with reviews in the spring and then the increases take effect in July. Mayor Hart felt this was a very reasonable request. Council Member Mehr stated that his only thought was if the City was asking for enough and indicated that he was grateful to Dale Coulam and Wally Ritchie for their conservative approach. Council Member Roberts inquired if incentives are adequate to keep good employees. Wally Ritchie indicated that their focus is to take care of staff first, with a plan to increase their wages in the next year's budget.
MOTION: Council Member Mehr moved to approve the COLA increase for Department Heads and City Manager/Attorney
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Council Member Roberts - no report
Council Member Johnson - no report
Council Member McDonald inquired if the Washington County Solid Waste District had been in contact with the City regarding placing a link on Ivins website that will allow residents to sign up for text message reminders. Wally Ritchie clarified that the City is working with Neil Schwendiman at the District regarding the link. There was a problem with the link he provided.
Council Member Mehr reported that he'd like to see something in the City to recognize Ivins City's founder, Anthony Ivins. He inquired what the plan was for the City to participate in the Days of 47 events in Washington County. He referred to Fire Lake Park and inquired if there was a way to combat the weeds that come up in the swimming area. Mayor Hart stated they would need Benny Sorensen present to address those. Council Member Mehr referred to a letter sent to the Mayor and City Council from the Washington County Commissioners regarding the HCP and requested an explanation. Mayor Hart indicated that it relates to the Desert Tortoise/Red Cliffs Desert Reserve wherein more than 20 years ago the Desert Tortoise was listed as an endangered species. To address issues relating to that, the County, representing all of the cities, come up with the HCP (Habitat Conservation Plan) and that ended in 2016. The County is working with the Fish and Wildlife Service and others to come up with an extension or replacement of that plan and it was decided that it would be best to renew the plan. Former Ivins City Mayor Blake included Ivins as a managing partner and a consulting entity in the plan. The County Commission would like to provide a presentation to the involved municipalities at a City Council meeting in the future.
Mayor Hart reported that the renewal of the HCP (Habitat Conservation Plan) is complicated but there have been all day long work meetings held with the County Attorney and a lot of what needs to be worked out, has been and the County Commission will report on that to the municipalities. He reported that there will be a Flightless Honor Flight at the Southern Utah Veterans Home Saturday, February 4, 2017 at 10:00 a.m. He attended the Open House for the Kayenta Arts Center and urged the Council to go out there and look at the building when they have a chance. The Kayenta Arts Foundation has raised over $2 million dollars to build the building and are now working on raising $400,000 to equip it. They are also working with the County to see if there are any funds available.
Dale Coulam reported that the Utah League of Cities and Towns Mid-Year Conference will be held at the Dixie Center in St. George April 5th to the 7th. He received an anonymous complaint in his box regarding alleged code violations. Both issues were resolved within a day and a half of receiving the letter. The problem with receiving anonymous complaints is there's no one to report back to and no complaining party to proceed with a code enforcement violation or hearing. It's frustrating for the City to receive anonymous letters because there isn't much the City can do with them. He reported that he met with Jon Graf this week regarding his request to place a wall around the RV project that is similar to the wall that was used around the Heritage Estates subdivision. That type of wall was allowed in 2005 but is not allowed in the current zoning ordinance or general zoning ordinance. He assumed that the City Council did not want to revisit this because they have already discussed it at length. If the City Council did decide to revisit this, it would require changing the zoning ordinance and starting over at the Planning Commission. Council Member Roberts indicated that he liked the look of the Heritage Estates Wall and inquired why that type of wall would not be approved. Dale Coulam clarified that it is not approved for use on Highway 91. There are different types of fencing approved for different areas of the City. When the City Council approved the RV Resort, they were very specific for what was to be used for that project. Additionally, the Pendletons' reached an agreement with the Grafs' on that project and may have relied on the requirements of that ordinance. The Mayor and City Council determined that they did not want to revisit this unless the Pendletons' would like to join in the request to change the wall. Dale Coulam stated he would relay that information to Jon Graf. Council Member McDonald referred to the anonymous letter that was received and felt that submitting a complaint anonymously is a chicken way of doing that. He felt that it was strange that the individual or individuals who submitted the letter were trying to avoid so much being known, trying to make a difference but accusing the City of having issues all over the City. Mayor Hart indicated that the City has done a good job with code enforcement. Dale Coulam stated that in order for the City to pursue a Notice of Violation, they need a complainant to testify, otherwise the clock on the violation starts all over because there was no one to trstify about the alleged violation. Mayor Hart received a request by a member of the Osmond family requesting to provide a presentation to the City Council. It's likely that they would request Ivins financial support for the Days of 47 events and he knew that the City Council previously made the determination not to do that. Council Member Johnson clarified that they made a presentation to the City of St. George last week and they are looking for funding. The City Council agreed to remain with what they had previously decided.
| D. |
Items to be placed on future agendas |