March 28, 2012


Mayor and Council Members Present: Mayor Brian Johnson; Council Members Dana Gardner, Pete Albrecht, Alan Anderton and William Harding.

Appointed Officers and Employees Present:  Attorney Ron Elton, Clerk/Recorder Amie Russell.


1.Roll Call.   Mayor Brian Johnson, Council Members Dana Gardner, Pete Albrecht, Alan Anderton and William Harding.  Lacey Burrows was absent.

2.Public Hearing:  Mayor Johnson read the public hearing notice which was to   propose an amendment to the Rush Valley Land Use Management and Development Code regarding minor subdivision regulations.  The proposed amendment would require applicants for minor subdivisions to provide a title history for the parcel to be divided and would make other technical amendments.  There were no public comments offered.

3.Approval of Meeting Minutes for 02/22/12.  Dana Gardner made a motion to approve the minutes of the Town Council Meeting held on February 22, 2012.  Alan Anderton seconded the motion.  All present voted in favor and the motion carried.

4.Consideration of Ordinance No. 2012-02, amending Chapter 15, Section 3 (MINOR SUBDIVISIONS AND BOUNDARY LINE ADJUSTMENTS) of the Rush Valley Land Use Development and Management Code by requiring applicants for minor subdivisions to provide a title history for the parcel to be divided and to make other technical amendments. The current minor subdivision regulations allow property owners to divide their property once, provided that the property was not a part of a previous subdivision.  If the property was previously divided, any subsequent division would need to be considered under the major subdivision regulations.  This regulation prohibits persons from continually dividing property under the minor subdivision regulations and avoiding the requirements for major subdivisions. The problem the Town has is tracking previous subdivisions of property to ensure that they qualify for a minor subdivision status.   This proposed ordinance will require a title history to be submitted with an application for a minor subdivision if the division occurred after October 7, 1978, which was when the Town first adopted subdivision regulations.  A full title search would not be required and a letter report from a title company would suffice.  This will be a mechanism to help the planning commission to review applications regarding property divisions.  If the property has been previously divided any further divisions would need to be processed under a major subdivision application.  William Harding made a motion to approve Ordinance 2012-02.  Pete Albrecht seconded the motion.  All present voted in favor and the motion carried.

5.Review of Town Ordinances regarding the requirement to improve Town Roads for building permits and developments. The council discussed Town ordinances regulating the improvement of Town Roads as a part of the development of property or as a part of a subdivision approval.  Copies of Ordinances 2002-05 and 2002-06 were provided to the town council for review.  It was suggested that a clarification needs to be made as to what an unimproved road is.  Dana Gardner referenced Ordinance 2002-06, Section 10.  Attorney Elton stated this section may need to be clarified.  If a major subdivision increases the use of existing unimproved roads, the developer needs to improve the road.  Attorney Elton read Section 15.6.3 of the Land Use Management Code.  Mayor Johnson stated that a member of the planning commission had reported that when property on Russell Lane was subdivided, the road wasn’t improved.  Now this road is too narrow to serve the residents.  Some property should be dedicated for a road.  This will require oversight by an engineer.  The council also discusses curb, gutter and sidewalk requirements.  The council doesn’t foresee this fitting in with the town as it now exists.   Attorney Elton commented the town needs to state what standards apply to what developments.  The St. John Subdivision has existing lots with no improved roads.  Attorney Elton will present a proposal to clarify this regulations and the Council will review them at the next meeting.

6.Consideration of Cemetery Fence Bids.  There were two bids received.  Clean Built, LLC bid $4,359.00 for fencing materials and installation and $880.00 for removal of existing fencing, for a total bid of $4909.00.  A second bid from LeGrand Jensen Inc. was received for $3774.00 for fencing materials and installation and $300.00 for removal of existing fencing for a total bid of $4,074.00.  Alan Anderton made a motion to award the bid for the project to Leland Jensen LLC.  The Mayor mentioned there was an existing gate, which an adjacent property owner had installed.  There is no necessary access to the cemetery from that property and the gate will not be included in the new fencing.  Pete Albrecht seconded the motion.  All present voted in favor and the motion carried. 

7.Consideration of Lawnmower.  Dana Gardner stated the lawn mower has been used for many years and is requiring repairs yearly.  He has priced lawn mowers at Home Depot for $1,500.00 to $2,500.00.  Attorney Elton recommended looking at the state website for mowers as well.  William Harding made a motion to authorize Dana to spend up to $2,500.00 for a new lawnmower.  Alan Anderton seconded the motion.  All present voted in favor and the motion carried.

8.Review of 2010-2011 Fiscal Year Finance Report/Audit and general audit procedures.  Attorney Elton stated that the Town Council is required to review the annual year ending audit or financial reports within 180 days of the completion of these reports.  Copies of the last fiscal year audit were distributed to councilmembers.  Attorney Elton recommended bidding out the audit to comply with current purchasing policy and to have the auditor formally present the year end audit each year.  It was recommended to request a fixed fee for 4-5 years then rebid it out.  Mayor Johnson discussed the amount allocated for Class C Road Funds.  The unassigned or unrestricted amount has to be less than 75% of the budget.  Money was transferred to a capital improvement fund, but it wasn’t enough to correct the problem to be in compliance.  The council has been conservative, but has also made improvements.

9.Safety Topic.  Mayor Johnson presented the “Safe Driver Pledge” as the safety topic to councilmembers.  They were encouraged to participate in this program. 

10.Fire Department Report.  Acting Chief Anderton reported everything was going well at the fire department.  He stated that the fire department sink was leaking.  He and Pete are working on the purchase of a first response vehicle.  Alan reported he talked with Herman Herrera and there shouldn’t be medical equipment on fire trucks and as long as there is no water in the truck, a fire truck can be used as first response vehicle.  He also reported that the pump on the brush truck isn’t working.

11.  Council Reports:

Cemetery:  Alan reported he ordered two new garbage cans for the cemetery to replace the garbage cans which were taken.  Dana Gardner asked about future plans to have another town clean-up.  Alan will check into this.  He commented that he had great support from the councilmembers with past cleanups.

Pete Albrecht:  He is continuing to look at vehicles.  The prices should have gone down.  The toilet and sink in the fire station need to be fixed.  Mayor Johnson reminded Pete and Alan that the truck safety inspections are due in June.  It was mentioned that Broken Arrow is certified to inspect vehicles with air brakes.

Roads:  William Harding reported that he needs to purchase some replacement parts for the snow plow.  He is looking for replacement parts.  The parts should be under $500.00.  Six rubber blocks have been purchased.  It will need to be taken to Salt Lake City for a cutting edge to build a solid edge.

Parks:  Dana Gardner reported the Easter Egg Hunt will be held on Saturday.  He has hired a resident to take care of the event this year.  The park has been cleaned up.  Soap and paper towel dispensers have been ordered for the restrooms in the town hall.  The furnaces needed some minor repairs.  Chet Hovey is working to get grants from Rocky Mountain Power and Wal-Mart for the proposed projects submitted to Tooele County.

Mayor Johnson reported that zoning approval was given to build a new home in Arthur Ranch Subdivision.

12.Payment of Bills.   A check for $6,060 from Tooele County Treasurer was received for Reimbursement for 2011 Fires.  Alan Anderton made a motion to pay the bills as presented.  William Harding seconded the motion.  All present voted in favor and the motion carried.

13.Public Comments.  Attorney Elton reported criminal dog control charges were filed against a non-resident.

George Young a candidate for County Commission was in attendance at the meeting and commented he was impressed with the meeting tonight.

Nickie Anderton commented that residents need to have addresses posted on their homes.  This will help to find locations quickly when medical assistance is required. 

14.Adjourn:  Alan Anderton made a motion to adjourn.  Pete Albrecht seconded the motion.  All present voted in favor, the motion carried and the meeting was adjourned at 8:35 p.m.

Amie Russell
Town clerk/recorder