Work Meeting Minutes

WORK MEETING MINUTES CITY COUNCIL CITY COUNCIL CHAMBERS, EPHRAIM CITY HALL 5 SOUTH MAIN, EPHRAIM, UTAH SEPTEMBER 2, 2015 5:00 PM

CALL TO ORDER The Ephraim City Council convened in a work meeting on Wednesday, September 2, 2015, in the City Council Room. Mayor Squire called the meeting to order at 5:25 p.m.

ROLL CALL

MEMBERS PRESENT STAFF PRESENT Brant Hanson, City Manager Richard Squire, Mayor Bryan Kimball, City Planner Leigh Ann Warnock, City Recorder John Scott, Mayor Pro Tem Steve Widmer, Financial Director Margie Anderson Terry Lund Alma Lund STAFF EXCUSED MEMBERS EXCUSED Tyler Alder

I. DISCUSSION AGENDA

A. Chad Woolley

Brant Hanson and Chad Woolley had previously discussed the arrangement with the City’s current legal counsel. City Council and staff had hoped a more experienced attorney would be provided to the City. Chad Woolley of Armknecht & Cowdell, was present to speak concerning some changes to the arrangement.

Mr. Woolley reminded the Council the agreement with the firm to have Marcus Gilson work with the City has only been in place for a little over a month and wanted to let them know the firm is willing to work with them. Mr. Gilson has commented

Ephraim City Council September 2, 2015 | Page 1 of 11 there is little work to do for the City and Mr. Woolley wished to discuss options and plans to help with the City’s concerns regarding legal counsel.

Mr. Gilson will be spending some time with the Draper City attorney, also with Armknecht & Cowdell, a couple of days a week to do some shadowing with him and some other attorneys from the firm at different Council Meetings in order to get a feel for what is done in other cities. Mr. Woolley explained they knew Mr. Gilson was new and the goal was to have him get involved and if questions arose which he couldn’t answer, he could call and receive help from others at the firm. They are very interested in making the City happy, and will do whatever that is. They will help Mr. Gilson to attain the training necessary to be of use to the City.

Councilmember Anderson explained the purpose in getting an Attorney was to have ready legal advice and drafting abilities and she feels there would be quite a bit of work for an attorney who knew what he was doing. Councilmember Scott pointed out it was a big step for Ephraim to hire a part-time attorney. He feels the City is not getting what was agreed upon. This is the fourth council meeting Mr. Gilson has not been in attendance. Brant Hanson commented he was hoping the new attorney would be familiar with the Utah State Code and be able to go over packets before Council meetings to make sure everything is in order and in compliance. He says there are projects for him, the concern is not completely comfortable with land use. Something we hoped he would be doing on his own. Very good about going to get answers, but taking longer than hoped.

Mr. Woolley explained a seasoned attorney would cost the City quite a bit more money and assured the Council Mr. Gilson has access to the other 12 attorneys with the firm and they can all help as he needs it. He reiterated the changes taking place in Mr. Gilson’s training and encouraged the City to give it a little longer; give him the work and let the firm help him. He said this model has worked very well in other cities. He will make sure someone from the firm is here for all Council meetings; if Marcus can’t be there, another attorney will attend.

The Council agreed the increased training and access to legal help is a good option and will continue for the time being with the agreement for legal counsel.

B. Alleyway by 200 West

Bryan Kimball asked Mark Greenwood of ALM and Associates, the engineering firm hired by the Church of Jesus Christ of Latter-day Saints for their recent church building on 200 West, to come down and walk the Council through some of the background on the property in question, as it relates to the alleyway near 200 West.

Ephraim has a town site survey from many years ago. Mr. Greenwood went back to that original survey and started looking. Some distances were not adding up. He decided to expand area of reference, and went back and surveyed the entire area from Main Street/HWY 89 to past 200 West, and from north of 700 North back to

Ephraim City Council September 2, 2015 | Page 2 of 11 south of 300 North, and tied in section corner monuments from south two miles and north a few miles. He put everything together and everything fell into place within an inch and a half at Walmart. The most defined line in Ephraim is Main Street/Highway 89. We bound our survey to Main Street and start measuring towards 200 West. When you go back to the parcels, the original townsite survey from many, many years showed what they thought . . . physical distance is 132’ short what the deeds call out. Even though alleyways are shown on original townsite surveys, they don’t really exist because the block is shorter than what the deeds call out. Typically landowners share in shortages. 200 West is not physically located where it is shown on the townsite plat. The existing street is further east than what is shown on the townsite plat. This discrepancy is at least partly responsible for the confusion experienced so far on the exact location of the alleyway. This may or may not have been an old farm road which eventually got paved and used and became 200 west. The old rail road also may have affected this location over the years.

Typically when you vacate a piece of right of way, there is a description for the parcel and is then deeded back to adjoining property owners. In this case the land isn’t really there because the block is 132’ short. You can vacate it, but there is no land to deed back to a property owner.

Mark has spent time with Bryan going over various options to try and help resolve this issue. But there are enough fences there perhaps some boundary line agreements with property owners can be made to resolve this. The Church will cooperate fully with whatever the city decided to do with this.

One key to this survey question is that ultimately the county surveyor will have to sign off on this when property plats are recorded. Mark contacted the County Surveyor Ryan Savage and went through the survey procedures and what had been discovered. Mr. Savage sent a letter confirming that he agreed with the approach for the data acquired by ALM and Associates Engineering firm.

Right now we’re just trying to figure out the right direction to get this issue solved. With regards to the alleyway near 200 West, the feedback received from Council at a previous public hearing was try to get the entire alleyway vacated at the same time. Property owners need to be made aware of the discrepancies. It may make sense to see if we can do some boundary line agreements on the fence lines and try to get the alleyways removed/vacated and do something with Boundary line agreements.

Bryan – our anticipated next step was to have a neighborhood meeting to explain and see if there is a consensus there among affected properties which adjoin the alleyway. We are hoping to come to a mutual agreement and redo the paperwork to match the existing fences. That seems to be the only fair way to get people what they think they own inside their fences. If we can come to common agreement

Ephraim City Council September 2, 2015 | Page 3 of 11 there, we will proceed with changing the actual deed work. They will have to sign agreements that they agree their current fence line is their property line.

Councilmember Scott asked if we as a municipality opened ourselves to some legal remedy that will cost money? Brant does not think so. We are playing with faulty information. The block is 132’ short from the deeds and townsite plat and everybody shares in that loss. Then the city can look at vacating the platted alleyways to help cover up to 66 feet of that shortage. We are dealing with incorrect surveying from the original plat maps and construction of the roads. One concern is some property owners not agree to a change that reduces their deeded acreage. But the problem will persist until it is resolved, and everybody should be interested in having a clean title for their property so there are no surprises that come up later. Brant thinks that community outreach is important to get everybody on the same page.

Terry would like to see Mark and the County surveyor present at the neighborhood meeting to answer questions.

Mark wanted to clarify that the process of vacating a city alley way is a City issue, but he will be happy to attend, and that as an adjoining property owner the church would cooperate fully in whatever the city decided to do.

ADJOURN There being no further discussion, Councilmember Margie Anderson moved the work meeting adjourn. The motion was seconded by Councilmember Alma Lund. The vote was unanimous. The motion carried.

MINUTES APPROVED:

______Mayor

ATTEST:

Ephraim City Council September 2, 2015 | Page 4 of 11 ______City Recorder

Ephraim City Council September 2, 2015 | Page 5 of 11 MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS, EPHRAIM CITY HALL 5 SOUTH MAIN, EPHRAIM, UTAH SEPTEMBER 2, 2015 6:00 PM

CALL TO ORDER The Ephraim City Council convened in a Regular City Council Meeting on Wednesday, September 2, 2015, in the City Council Room. Mayor Squire called the meeting to order at 6:07 p.m.

OPENING CEREMONY Councilmember Terry Lund offered an opening prayer. Councilmember Alma Lund led the audience in the Pledge of Allegiance.

MEMBERS EXCUSED

ROLL CALL

MEMBERS PRESENT STAFF PRESENT Brant Hanson, City Manager Richard Squire, Mayor Bryan Kimball, City Planner Leigh Ann Warnock, City Recorder John Scott, Mayor Pro Tem Steve Widmer, Financial Director Margie Anderson Ron Rasmussen, Police Chief Alma Lund Chad Parry, Public Works Terry Lund Director Cory Daniels, Power Director

Tyler Alder

PUBLIC COMMENT

Justin Linge from Snow College approached the Council announcing his group is planning a campus service project. They have not yet found a project, but they are aware the City always has projects underway and could use volunteers. The group will have a service potential of several hundred hours. He asked if the Council would contact him if they think of a project that would be appropriate for their group.

Ephraim City Council September 2, 2015 | Page 6 of 11 I. MOTION AGENDA

A. APPROVAL OF WARRANT REGISTER

The Council reviewed the Warrant Register of September 2, 2015.

Questions:

Insurances: General liability, buildings, automobile physical damage. These costs have been divided on the Warrant Register by department.

Councilmember Terry Lund moved to approve the September 2, 2015 Warrant Register as presented. The motion as seconded by Councilmember John Scott. A roll call vote was taken. Voting yes: Councilmembers Terry Lund, Margie Anderson, Alma Lund and John Scott. Councilmember Tyler Alder was absent.

B. APPROVAL OF MINUTES

The Council reviewed the minutes of the August 20, 2015 Regular City Council Meeting.

The Council reviewed the minutes of the August 26, 2015 Special City Council Meeting.

It was pointed out a name was wrong in the minutes and should be changed from Ron to Joe.

Councilmember Margie Anderson moved to approve the August 20, 2015 and August 26, 2015 minutes with the correction listed above. The motion as seconded by Councilmember Terry Lund. A roll call vote was taken. Voting yes: Councilmembers Terry Lund, Margie Anderson, Alma Lund and John Scott. Councilmember Tyler Alder was absent.

C. APPROVAL OF STAFF RECOMMENDATIONS

1. Eagle Scout Project: Brayden Shelley

Brayden Shelley would like to complete an Eagle project that will have meaning to the community. He and his dad have come up with the idea to build a pioneer antique garden near the entrance of the Pioneer Cemetery. The implements for

Ephraim City Council September 2, 2015 | Page 7 of 11 the garden will be donated. Mayor Squire told Brayden he has an old Jackson fork and dump rake that he would be happy to donate.

Brayden is seeking permission from the Council to build the garden on City property, near the entrance to the cemetery, in order to receive approval for his project. Councilmember Terry Lund suggesting meeting with the Cemetery Board to make sure the placement works for what is underground in that area. Councilmember Lund said he will set up that meeting and then Brayden can come back to the Council with that recommendation. Mr. Shelley asked for a motion tonight contingent upon the okay from the Cemetery Board in order to expedite matters.

Councilmember John Scott moved to approve the building of an antique garden at the entrance of the Pioneer Cemetery pending approval of the Cemetery Board. The motion as seconded by Councilmember Alma Lund. A roll call vote was taken. Voting yes: Councilmembers Terry Lund, Margie Anderson, Alma Lund and John Scott. Councilmember Tyler Alder was absent.

2. Proposed Mill hill Subdivision: Phase II Conceptual approval

The piece of land in question was originally approved by Council 15 or so years ago as Mill Hill Subdivision. That approved subdivision originally had a road going into the property, looping around into 100 South and continuing west to 400 East. At the time, the subdivision was only partially completed. The remaining uncompleted lots were sold at an auction. Two different buyers picked up the remaining unimproved lots. The infrastructure was never completed in the remaining portion of the approved subdivision.

Scott is looking to buy out one of the two buyers, and is proposing to complete the infrastructure for road, water sewer up to approximately 800 East. The dilemma, however, is that he has no control what happens on backside along 100 South because that is owned by a separate owner who is not willing to sell. He is proposing to fully improve the subdivision along his frontage to 100 South, and bring in a 24’ gravel road down the backside as an emergency second access back to 600 E. There is a dedicated 24’ right of way along 100 South as per the plat. He has spoken with Baileys and they are not interested in participating at this time. He is asking not to do anything besides gravel on the backside because it is not his land to deal with.

Bryan stated that the issue at hand tonight is essentially a preliminary approval. This is a unique situation. Normally our code requires a fully improved 2 nd access if a subdivision street exceeds 650’ in length. However, that requirement can be waived by the city council after the planning commission as recommended it. In this case, the original plat showed a second access, but it never got completed. This is perhaps the best solution to get this subdivision

Ephraim City Council September 2, 2015 | Page 8 of 11 finished. The subdivision has already sat uncompleted for 15 years. It may sit for another 15 years if we can’t find a way to work this out.

On the deed, all the original lots are still there. Lot sizes are roughly ¼ acre and smaller. They meet minimal lot size, but just barely. Scott is also proposing to amend the plat to sell some of the lots to the adjoining neighbors to the north. He intends to build his house on one of the lots as well.

Because he owns just a small portion of frontage on 100 South, it doesn’t make sense to improve that portion on the rear of his lots until the rest of the subdivision down the backside of 100 South is improved. Staff recommends preliminary approval on the condition that he fully improve the subdivision along the front of his lots, and that he put up an escrow deposit to cover the small portion of asphalt along the backside of his lots that adjoin the future 100 South, to be held until 100 South is completed when the rest of the lots develop along 100 South. Planning commission recommended that as well.

Brant feels we want to work with him. This is concept only, not final approval.

Motion by Margie, seconded by Terry, to approve conceptual plans for Phase II of the Mill Hill subdivision as recommended by Planning and Zoning and their conditions. All vote aye.

Councilmember Margie Anderson moved to approve the conceptual plans for Phase 2 of the Mill Hill Subdivision with improvements made as recommended by the Planning Commission. The motion as seconded by Councilmember Terry Lund. A roll call vote was taken. Voting yes: Councilmembers Terry Lund, Margie Anderson, Alma Lund and John Scott. Councilmember Tyler Alder was absent.

3. Agreement: Vaisala Aviation Support and Maintenance Services

Vaisala, as the manufacturer of the AWOS, is asking for approval of an agreement in the amount of $13,200, to provide aviation support and maintenance services for three years.

Councilmember Terry Lund moved to approve the contract with VAISALA to continue maintenance and service for the AWOS equipment. The motion as seconded by Councilmember John Scott. A roll call vote was taken. Voting yes: Councilmembers Terry Lund, Margie Anderson, Alma Lund and John Scott. Councilmember Tyler Alder was absent.

4. Ephraim City Policy ECR 15-01: health Insurance Opt-out Program

Adoption of this policy will allow full-time employees to opt out of their health insurance plan if they are covered under a separate health insurance policy. In return, the employee will receive a payment to a 401k or 457 plan administered by Utah Retirement Systems in the amount of 50% of the total amount the City would otherwise pay for their medical

Ephraim City Council September 2, 2015 | Page 9 of 11 benefits.

Brant send a request out to all City Managers across the state to see who is providing a similar policy for their employees. There are many. The intent is to provide incentive to opt out at the same time the City experiences some savings. Sanpete County offers 65%. This policy states 50%; however, the Council may increase or decrease this amount. It is a very basic document and would evolve as needed.

Councilmember John Scott moved to approve ECP 15-01, a policy allowing employees to opt-out of insurance benefits receiving in return 65% of the premium amount in a 401k or 457 plan. The motion as seconded by Councilmember Alma Lund. A roll call vote was taken. Voting yes: Councilmembers Terry Lund, Margie Anderson, Alma Lund and John Scott. Councilmember Tyler Alder was absent.

II. APPOINTMENTS AND COUNCIL REPORTS

Councilmember Margie Anderson moved to appoint Sandra Olcott and Rob Cherry to the ECHA Board. The motion as seconded by Councilmember Terry Lund. A roll call vote was taken. Voting yes: Councilmembers Terry Lund, Margie Anderson, Alma Lund and John Scott. Councilmember Tyler Alder was absent.

ADJOURNMENT

There being no further business to come before the Council for consideration, Councilmember Terry Lund moved the Regular Council Meeting adjourn. The motion was seconded by Councilmember John Scott. The vote was unanimous. The motion carried.

The next regular City Council meeting is scheduled to be held on September 16, 2015, starting at 6:00 p.m. in the Ephraim City Council room.

MINUTES APPROVED:

______Mayor Date

Ephraim City Council September 2, 2015 | Page 10 of 11 ATTEST:

______City Recorder Date

Ephraim City Council September 2, 2015 | Page 11 of 11