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
May 16, 2019

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

All present included Mayor Hart, Council Member Mehr, Council Member Johnson, Council Member Elliott, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Director of Finance Lane Mecham, and Public Works Director/Engineer Chuck Gillette.
EXCUSED: Council Member McDonald

Audience: C.J. Koharcheck, Logan Blake, Bill & Gillian Papanikolas, Dave Robinson, Lance Anderson and others who did not sign in.

Mayor Hart acknowledged there was a Quorum present. Council Member McDonald was excused. Council Member Mehr was not present but was expected shortly.

Council Member Densley led the Flag Salute

Council Member Densley gave the Invocation

Council Member Elliott referred to agenda item 5)F and disclosed that her children attend Vista School. Council Member Densley disclosed that his grandkids also attend Vista School. There were no other disclosures or conflicts of interest with items on this meeting's agenda.

Dale Coulam indicated that Mike Rodriguez is out of town but he previously submitted his written report. A copy of the report is available on Ivins website or by request through Ivins City Hall.

Chuck Gillette reported that the Red Mountain dams rehabilitation project is wrapping up with only a few remaining large items to complete, namely the spillway structure at the top of 200 West and the debris cages around the auxiliary spillways for each of the dams. The will re-vegetate in November. He intends to take the Mayor and City Council on a field trip in June to see the finished project. The City met with the Engineering firms for phase 1 of the Irrigation System improvements project that was recently approved by the City Council. Both designs will likely take until the end of the year to complete. David Hafen has indicated that he's willing to dedicate some property for the City to widen 200 East. It's anticipated that will be bid out in June or July. There were a lot of water leaks this past month, most of which were irrigation leaks. They are working on the street crack seal project and then the slurry seals and seal coats will occur after that. Council Member Elliott inquired if the irrigation system was charged and up and running. Chuck Gillette stated no, only the private irrigation system is running. Ivins' irrigation system is at least a year away from being up and running.

Lane Mecham reported that there are no surprises and everything is normal with the budget.

Commissioner Anderson reported that the Planning Commission held a Public Hearing and discussed a Project Plan for Kanta Village. They discussed what was vested and not vested and decided to continue the Public Hearing. The discussion regarding Kanta's Preliminary Plan was also continued to the next Planning Commission meeting. He reported that Terry Marten had a concern with the name "Kanta" being too similar to "Kayenta". The public had concerns regarding density and traffic. The Planning Commission also approved a Preliminary Plan for the Turner subdivision.

3)	CITIZEN COMMENT REQUESTING FUTURE AGENDA ITEMS

2.	Debt Service Fund

3.	Municipal Building Authority Fund

4.	Special Revenue Funds – a. Public Safety; b. Streets; c. Parks

5.	Capital Projects Fund

Lane Mecham provided a PowerPoint presentation. A copy of the presentation is available by request through Ivins City Hall. He reported that there are no proposed tax increases, revenues and expenditures are conservative, the budget is fiscally responsible with debt covered, projects financed and staffing needs met. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.

Council Member Densley referred to the increase on some of the impact fees. Dale Coulam clarified that at this stage, all of the impact fees are in effect and would be reflected in the 2020 budget. Council Member Mehr referred to the Princess Pageant scholarship money and inquired when the correct time would be to change or modify that amount. Dale Coulam stated now. Council Member Mehr indicated that he has heard feedback from two (2) mothers that have had daughters participate in the Princess Pageant comment that the scholarship money really only covers expenses of traveling. He was in favor of looking at that. Council Member Johnson inquired why the scholarship money would be used for something other than a scholarship for school. Council Member Mehr stated that the mothers evaluation of participating in volunteer events and similar over the year "wasn't worth it." Council Member Johnson clarified that the scholarship wasn't part of the pageant until a few years ago and the participants know going into the competition what they're going to do. The scholarship money is not intended to be used as reimbursement for their expenses. Council Member Elliott wasn't opposed to the idea of looking at this but didn't have a strong opinion either way. Council Member Johnson indicated that in her opinion, if the amount is increased, you're still going to have people say it's not enough. She wasn't against increasing the amount but clarified that the scholarship funds are intended for school and not for reimbursement. Dale Coulam indicated that the scholarship funds are paid directly to the school. His daughters played sports and didn't receive scholarships. Supporting their participation was also expensive but just part of parenting. Council Member Densley referred to individuals that volunteer at the animal shelter, in the Parks and Recreation department and similar and inquired where the City draws the line - does the City pay them all? They're providing a service to their community. Council Member Elliott stated that she would support a 25% increase and commented that it's a choice for them to be involved. Council Member Johnson didn't think that most girls participate for the scholarship. With Brittany Hollinshead (Mrs. Utah America 2017) she thinks the City will see more participation next year. Her personal opinion was that it should remain as it is. Council Member Densley agreed. The Mayor and City Council agreed that there would be no change to the budget relating to the Princess Pageant.

Chuck Gillette stated that this is based on a request by the property owner who is looking at developing the land. They are working on a subdivision called Sage Cove and based on their Preliminary Plan that is before the Planning Commission for approval, it qualifies for a narrower roadway. Council Member Mehr inquired if the City would need a wider road there in the future or if there were any public safety issues. Chuck Gillette indicated that he did some analysis and it makes sense for a narrower roadway there and there are no public safety issues. Council Member Elliott referred to the Preliminary Plan not being approved and inquired if it should be approved first. Chuck Gillette commented that they could make the road vacation conditioned on that. Dale Coulam clarified that the Council can vacate that portion of the road now because the City doesn't need it. Council Member Densley inquired why does the developer needs this. Chuck Gillette stated that they don't need it. It makes for bigger lots and a narrower road to install and maintain. Mayor Hart commented that it meets Ivins criteria and would be similar to what was done in the old township area and that worked beautifully. Council Member Mehr inquired if there was a cost to acquire this. Dale Coulam clarified that State statute says it goes to the adjoining property owner. Mayor Hart opened the Public Hearing. Lance Anderson stated that he owns Cowichan LLC. He agreed with the narrower roads because they are less cost to build and have less of an impact to the community. The only thing he had an issue with is his property abuts that road and he hasn't talked to anyone about how that will affect his property. Chuck Gillette indicated that he doesn't have a plan to check that but did acknowledge that the road ties into Indigo Trails. Lance Anderson stated he wasn't aware of this potential problem until a few hours ago. He agreed with the concept that the developer is doing and there may not even be a problem but they need to look at that. Mayor Hart closed the Public Hearing.

Mayor Hart indicated that based on the discussion, this will need to be continued to the next City Council meeting, pending Chuck Gillette's evaluation of the road connection into the adjacent property.

MOTION: Council Member Mehr moved to table Ordinance No. 2019-04, an Ordinance of Ivins City, Utah, vacating a portion of Normandy Road also known as “Fitness Way” located on the southside of Highway 91 and just west of Earl Road
SECOND: Council Member Johnson

VOTE: The motion carried unanimously.

Dale Coulam stated that the impact fees have become final and verified they are correct so those are shown in black. The City Council would be approving the update to the Consolidated Fee Schedule. The Mayor and City Council agreed with the proposed changes but decided not to change the SWPPP fee of $75.00 and to not increase the Resident and Non-Resident Infant Perpetual Care. Those fees remained at $125.00. Council Member Mehr commented that the Resolution says it's effective immediately but the changes are effective July 1, 2019.

MOTION: Council Member Mehr moved to approve Resolution No. 2019-11R, a Resolution of Ivins City, Utah amending the Consolidated Fee Schedule with the following amendments: the Grading permit reduced to $75 from the $150 proposed fee; the resident and non-resident Infant Perpetual Care will be $125 instead of $200 and the fees will be effective July 1, 2019
SECOND: Council Member Elliott

VOTE: The motion carried unanimously.

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

Chuck Gillette handed out an illustration regarding streetlight poles, a copy of which is available by request through Ivins City Hall. He indicated that the purpose of this discussion is to evaluate the new lights that have been installed versus the old light and whether the City picks one or they consider them both equal and say either one works. The City's original standard would need to be retrofitted with the colored lens that has the right light color the City want or there's one light that already has the colored bulb but is more orange than the City wants. Mayor Hart referred to the original standard light with the retrofitted lens and stated that it was tested with a spectrometer and it took the harmful blue light down to almost nothing. The Mayor and City Council agreed that they all like the lights with the retrofitted lens. Chuck Gillette inquired if it makes sense to adopt a lower height standard for the poles. Mayor Hart inquired what the difference was other than the ability to hang a banner. Chuck Gillette clarified that the higher the pole, the further the light can be broadcast. They experimented in the Indigo Trails subdivision using a bollard rather than a street light at that intersection and in his opinion, it's not enough light. In the rural section it might make sense to use smaller poles of 10 or 12 feet rather than 14 or 18 foot poles. Council Member Densley stated there are a lot of bikers on the road and he liked the idea of safety to reflect the light further out. Chuck Gillette indicated that literature says that with speeds of 30 mph and slower, headlights from vehicles are considered safe enough lighting. Center Street and Highway 91 are the only streets in Ivins that have speed limits over 30 mph. Mayor Hart commented that 10 foot and 12 foot poles are too short but the City could go down to a 14 foot pole in the rural part of the City. Council Member Johnson stated that she had the same opinion and that 14 foot poles would be okay but nothing smaller. Mayor Hart commented that he hadn't seen a 12 foot pole. Chuck Gillette clarified that the poles in the Quail Cove subdivision are 12 feet. Council Member Mehr would like to see the least amount of light that is safe. Mayor Hart had a question for the Council to think about and referred to making a lot of exceptions for the Kayenta area. He inquired if the City should allow a lower height pole in the rural areas. Chuck Gillette stated that the Suncrest West subdivision has 10 foot poles and that almost everywhere else except the main corridors the poles are 14 feet in height. Council Member Mehr commented that he didn't think the City should determine the size of a pole based on whether or not it can hold a banner. Council Member Densley clarified that some of the light poles weren't capable of holding banners because of the wind. Chuck Gillette indicated that he'll draft some edits for the next City Council meeting.

Dale Coulam indicated that the HOA (Home Owners Association) has requested that the City accept a road dedication for the following streets: 235 South, 365 East, 270 South and 300 South. Several items should be met before this could occur. The width of the streets meet fire code but the diameter of the cul-de-sacs are only 65 feet but met standards at the time they were installed. The current adopted fire code now would require that cul-de-sacs be 100' in diameter. The cross-sectional width is adequate but 300 South requires an overlay of asphalt to make it the proper thickness. The cost of the overlay is estimated at $10,000. The City has interest in making 300 South a public street since it is identified on the Streets Master Plan as a Residential Collector Street and is intended to eventually tie into 200 East. Council Member Densley inquired if the HOA has the money set aside for this. Bruce McGill, representing the HOA indicated that they do. Council Member Mehr inquired about precedent and what motivates a subdivision to keep their streets private. Bruce McGill commented that having their streets private diverts traffic and other similar issues but he felt that it also devalues the property if the HOA too restrictive. Council Member Densley inquired if the sewer in the street is private or public. Chuck Gillette stated that sewer and water lines are always public. Council Member Mehr referred to the budget and maintenance fees and inquired if staff has had sufficient time and information to evaluate this and if they're comfortable approving this. Chuck Gillette indicated yes.

MOTION: Council Member Elliott moved to approve the petition requesting private streets to be dedicated to Ivins City for Cameo Park and approval of agreement to share cost of overlay on 300 South, a finding that this is in the best interest of the City due to both 300 South being on Ivins Transportation Master Plan and that that cash payment be made now and that Ivins City will do the additional overlay at such time as the street is continued through
SECOND: Council Member Mehr

VOTE: The motion carried unanimously.

Chuck Gillette referred to the motion stated that the Director of Finance Lane Mecham has pointed out that the money has to be held in a trust account until the improvements are done. Lane Mecham indicated that it's a restricted revenue fund and if the City Council will be waiting to use those funds for 10 or 20 years, the City doesn't necessarily want to do that. Dale Coulam clarified that they could do cash-in-lieu of paying the cost of the overlay.

MOTION: Council Member Mehr moved to amend Council Member Elliott's motion to where the Home Owners Association pays $5,000 cash-in-lieu, instead of doing an overlay at this time
SECOND: Council Member Johnson

VOTE: The motion carried unanimously.

Council Member Elliott accepted the amendment.

Chuck Gillette stated that Ivins and Santa Clara already share sewer equipment and they are now considering sharing a paver, excavator and trailer. Mayor Hart commented that it's worked well for both cities. Chuck Gillette agreed.

MOTION: Council Member Densley moved to approve Interlocal Agreement with Santa Clara City for equipment sharing
SECOND: Council Member Elliott

VOTE: The motion carried unanimously.

Chuck Gillette indicated that it's recommended that the lines be video inspected every 3 years but he thought that every 5-6 years is sufficient, which is 15% of the system each year.

MOTION: Council Member Densley moved to approve an expenditure for video inspection of sewer lines in the amount of $27,000 to Twin D
SECOND: Council Member Johnson

VOTE: The motion carried unanimously.

Dale Coulam indicated that as of today, the City has received three (3) offers on this property. The first offer is from Gardner Plumb. He stated that there are a couple of things in the text of their offer that could be corrected with a counteroffer but the main concern is that the purchase is subject to a zone change to multi-family. This group had been involved in prior offers where their proposal was conditioned on zoning to the Townhouse zone, which is less burdensome. He thought they would have submitted an offer that was conditioned on zoning to R-1-5 but when the City received this offer, it was conditioned upon zoning to multi-family. The next offer is from Vista School. There are some concerns regarding costs in the offer. The net price per acre shaves off the cost of the easement twice instead of once but that could be corrected in a counteroffer. The concern with this offer is ideally Vista school would like the property next to them to the west but the owner of that property wants twice the market value, although he may be interested in trading parcels. If Vista School made an offer on the City property, they would try to trade it with the owner of the property to the west. A school is permitted in any residential zone so a school on Ivins City's property would be a possibility with this offer. The primary concern is one of use for the property. The third offer is from Desert Sky, which is the developer who is building the homes to the north of the property. They previously made offers but because of the finance group involved, the townhouse zone was what they originally proposed. The City's counteroffer showed a zone of R-2-10 as a condition but it was clarified that they may not receive that zoning. Prior to the meeting tonight, a representative of Desert Sky stopped by and added an alternative zone of R-1-5 as a condition and may be looking at a combination of R-2-10 and some single family homes. Mayor Hart indicated that that would basically be a patio type home. Dale Coulam the question is, are any of these close enough that the Council would want to make a counteroffer? Council Member Mehr inquired if the City was obligated to accept any of the offers. Dale Coulam stated no and that they were shown in the order that they were received. The City can reject or counter the first offer and then the same with the second and the third offer and take them in order. Council Member Elliott inquired if this would be something where they should consider going into a closed meeting. Dale Coulam indicated no because it is not for strategy. Considering offers should be done in an open meeting. Neil Walter with NAI Excel Real Estate and representative of Vista School stated that he formerly chaired the Vista School Board but is no longer the Chair. Vista School has approached representatives of the adjacent parcel and they feel like the best option is to entertain a land swap with those owners. They would request a due diligence period where they could work out an agreement with the adjacent property owner and have the ability to make the transfer happen. If they don't succeed in that, there could be a term in the contract to terminate the REPC with Ivins City. Council Member Mehr inquired if when the school expands, if the building will be connected to the existing school or if it will be a separate facility. Neil Walter indicated that the plan for today is that there would be two separate facilities and understood that one of the concerns currently is traffic. If they can do something contiguous, that helps mitigate those concerns. Mayor Hart commented that for discussion purposes, the troubling thing to him about the first offer is there's been significant discussion regarding the approval process and where the City Council has already declared they're not interested in multi-family and the first offer comes in with that specific request, he felt the first offer should be rejected. It is also not compatible with what's already developed around it. He had a couple of concerns regarding the second offer from Vista School. If the trade were to be brought about, the same thing is going to happen to the 15.5 acres, the price is going to double and sit there for a lengthy point of time. Council Member Mehr inquired how that would impact the City. Dale Coulam stated there are a couple of issues - the first is providing an access road to the Palisades at Snow Canyon subdivision above Ivins parcel and providing a trail that comes down from that subdivision and connects to the trail on Center Street. The City would like to see those completed sooner rather than later. The City has contractually promised to provide the second access road. Council Member Mehr commented that the City is the property owner so the City would have to pay for the access road and the trail. Dale Coulam clarified that the offer from Desert Sky took off the cost of improving the trail and that's how they arrived at their offer price. They are willing to continue to build what they've built north of Ivins' property and continue that to Center Street. Mayor Hart indicated that until the trail is connected to Center Street, the State Parks will not open that into the Reserve. Mayor Hart commented that the advantage of a potential land swap is the possibility for the school to have access to 400 East but he pointed out that if you look on the City Land Use Plan, the City has very little commercial ground and the area adjacent to Rocky Vista University was intended for major commercial developments. It was troubling to him that that may not be commercial and there are only a few areas in the City that could be commercial. Mayor Hart also referred to the brokerage fee of 4% in the offer from Vista School. He stated that the City has never listed this property or worked with a brokerage and would remove that from offers 2 and 3 and reject any sellers commissions. Council Member Mehr referred to the legal paper work and inquired if the City would do that along with the closing costs. Dale Coulam indicated that they would open an escrow with a title company. Council Member Mehr inquired if an Attorney could handle the paperwork. Dale Coulam stated yes and indicated that there is also a Real Estate Agent on staff. He commented that it really comes down to the use the City wants. The details of dollars and cents and commissions can be addressed in a counteroffer. All of the offers will expire at approximately the same time which is before the next City Council meeting. Council Member Densley inquired if a school can be built anywhere. Dale Coulam clarified that a school can be built in any residential zone. Council Member Densley inquired what the motivation would be for the owner of the commercial to exchange that for a piece that is not commercial. Mayor Hart stated the owner would be trading 10 acres of land to receive 15 acres. Council Member Mehr suggested rejecting offer number 1. The Mayor and City Council agreed. Council Member Mehr referred to offer number two and commented that Rocky Vista Medical School, Vista School and a church are already in place near the City property and expanding Vista School seems to fit. Neil Walter indicated that Vista School would be willing to create a plat for the City property, install the connecting road and trail and discuss the possibility of obtaining access to Vista School from 400 East. Mayor Hart reiterated that Vista School would be willing to plat the City property with the access road to Center Street and finish off the trail. Council Member Mehr indicated that a school is a good use. Dale Coulam stated that as instructed, he will reject offer number 1 and work on drafting a counteroffer to Vista School. He will need Neil Walter to send an extension of their offer to go past June 6, 2019. Mayor Hart requested that an offer to extend the deadline for offer number three also be given since the City has not made a decision.

MOTION: Council Member Mehr moved to continue this agenda item to the next City Council meeting
SECOND: Council Member Elliott

VOTE: The motion carried unanimously.

Council Member Mehr requested that agenda item 6)A be removed from the Consent Agenda

MOTION: Council Member Elliott moved to approve items 6) B and C
SECOND: Council Member Johnson

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Mehr referred back to the purchase of Public Safety vehicles and the concern for purchasing new. He inquired if it's possible to give Public Safety the new vehicle and hand down a used one from Public Safety to Public Works. Dale Coulam commented that there is significant wear and tear on Public Safety vehicles and that Chuck Gillette is requesting a truck with additional clearance. Council Member Mehr inquired if there's a reason the vehicle needs to be a certain make and model. Dale Coulam stated that he assumed that Chuck has looked at the State bid and that's the better deal.

MOTION: Council Member Johnson moved to approve an expenditure for the purchase of new vehicle for Public Works
SECOND: Council Member Densley

VOTE: The motion carried.

Council Member Mehr commented that the Princess Pageant was great
Council Member Johnson - no report
Council Member Elliott reported that she attended a mosquito abatement meeting. They have a scholarship program regarding mathematical modeling.
Council Member Densley - no report

Mayor Hart reported that the Princess Pageant was awesome and they will make a presentation at the next City Council meeting. There has been a request for a survey to be conducted in the City to assess the residents interest in a high speed internet service known as UTOPIA. After the survey is done, if a third of the City agrees to sign up, the company bonds for and installs all of the high speed infrastructure, which the City is then obligated to pay for. The City Council was in favor of allowing the survey to take place.

Dale Coulam reported that he attended training in Salt Lake City this past Tuesday put on by the Land Use Institute. The topics were Housing Affordability and Referendum/Initiatives. There's a lot to be done in a short amount of time on both of those issues but the training provided some resources to access the data.

9)	CLOSED MEETING

10)

ADJOURNMENT

MOTION: Council Member Johnson moved to adjourn
SECOND: Council Member Mehr

VOTE: The motion carried unanimously.

The meeting adjourned at 9:03 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder

Council Member Mehr	AYE
Council Member Johnson	AYE
Council Member Elliott	AYE
Council Member Densley	AYE
Council Member McDonald	ABSENT