Copy of the City of Ivins record for City Council, preserved by
OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
IVINS
CITY COUNCIL
MINUTES
January 8, 2009
MAYOR AND COUNCIL: The meeting was called to order at
5:33 p.m. and announced there was a quorum present.
All present included
Mayor Barney,
Council Member Elwell,
Council Member Foot,
and
Council Member Rusick.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
Chairman Chris Hart,
Public School Director Bob Flowers,
and Other Public Safety Staff,
and
City Recorder Kari D. Jimenez.
EXCUSED:
Council Member Jolley
AUDIENCE: Linda Elwell, Jim Keeley, Steven Roberts, Cheyne McDonald, Dennis Mehr, Janice Brooks, Lesley Mendenhall, Lance Anderson, Terry Marten and others who did not sign in.
Mayor Barney indicated Council Member Tenczar has resigned and Council Member Jolley is ill and the City Council will move forward with three (3) members.
Council Member Foot led the Flag Salute.
Council Member Foot gave the invocation.
The Mayor and City Council stated they had no conflicts of interest with items on this meeting's agenda.
| A. |
Department Reports: Parks and Recreation and Public Safety |
Judy Gubler reported on behalf of Parks and Recreation Director Benny Sorensen and handed out his monthly report. A copy of the report is available by request through Ivins City Hall. It is basketball season and he is coaching tonight. The city has twenty-seven (27) more players this year than last year. She reported the splash pad is under construction.
Public Safety Director Bob Flowers reported on the search for the missing person on Red Mountain. They have been searching since last week, although the individual has not been found. It has been a tough search and the search will continue. He thanked Jeremy Johnson for flying his personal helicopter and assisting with the search. Bob will submit a report to the City Council when it is finalized. He reported there has been a number of auto burglaries but the individual responsible for those was apprehended yesterday. He would like a reminder put in the newsletter to remind residents to remove their valuables from vehicles and lock their vehicles and doors to homes and to set alarms to reduce burglaries.
Chairman Chris Hart reported the Planning Commission met on Tuesday, January 6, 2009 and held several Public Hearings. The City Council will address the vacation of the O.R.E. subdivision tonight, which the Planning Commission recommends be vacated. The Planning Commission addressed the Preliminary Plan for the Cielo Vista subdivision, completed their work on the multi-family housing guidelines as well as their work on the Transportation Master Plan, all of which will be brought forward to the City Council.
There was one comment made by Terry Marten. He commented on purchasing water connections prior to the building permit application. Buyers are not able to purchase a water connection because of a city policy. It’s a big marketing issue for Kayenta and he’d like the City Council to revisit this issue. City Attorney Dale Coulam stated he is aware of the issue and it isn’t just a city policy but also an ordinance that would need to be revisited. The City Council agreed that they would like to address this issue on a future agenda.
Mayor Barney thanked all of the applicants for their Letters of Intent to serve and indicated they are the most qualified group as a whole to offer to serve Ivins City. The Mayor and Council Members discussed whether or not to proceed with this item tonight or set it for another night when Council Member Jolley can be present. The Council determined a Special Meeting will be set and this issue will be addressed on Wednesday, January 14, 2009 at 4:30 p.m.
Building and Zoning Administrator Kevin Rudd reported this plan was previously approved by the City Council several months ago. The only difference in this plan is the phasing aspect of it. Staff recommends approval. Mayor Barney opened the Public Hearing. Jim Craig a resident of Kayenta came forward and stated he has no objection with the master plan but has concerns relating to drainage and sewer and that they are adequately handled. Council Member Rusick indicated the issue before the City Council tonight is not to reconsider the Preliminary Plan, but to address the phasing aspect of it. Council Member Foot indicated it is important for the City Council and Staff to keep these issues of drainage and sewer in mind and not overlook something that may become an issue. Kevin Rudd indicated the City Engineer Charles Gillette has reviewed and addressed the issues and is confident in what is proposed. Terry Marten indicated that he has spoken with individuals in Kayenta and the majority of the residents feel this is a good idea and is what the community wants. There being no further comments, Mayor Barney closed the Public Hearing.
The City Council had no concerns with the phasing issues.
MOTION: Council Member Rusick moved to approve the Phased Preliminary Master Plan for Posovi Phase II Subdivision, recognizing the revision in phases based on the recommendation for approval of the Technical Review Committee and the Planning Commission.
SECOND: Council Member Foot
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Rusick |
AYE |
| Council Member Jolley |
ABSENT |
The phased preliminary master plan is approved.
Kevin Rudd reported this property was formerly owned by Shan Gubler. BlackRock purchased a portion of the property from Shan Gubler. There are no improvements installed in the subdivision and nothing was formally done with the subdivision other than the City Council originally approved it and it was recorded with the County Recorders Office. A representative from BlackRock is present if the City Council has questions. The current owners do not currently have plans for the property but would like the freedom to develop it without the current subdivision plan. Staff recommends approval. Mayor Barney opened the Public Hearing. There being no comment, Mayor Barney closed the Public Hearing.
Mayor Barney inquired of City Attorney Dale Coulam as to any legal issues. Dale Coulam indicated this situation is different than others where the City Council has considered the issue of consideration to vacate property. There is a statute in the land use code that indicates if it has been less than fifteen (15) years, it should go back to the original owner or in this case, the successor, without any additional consideration. Council Member Rusick indicated the application is from BlackRock Land Company but is signed by a different individual and inquired if that made a difference. Brian Chatas representing BlackRock Land Company indicated BlackRock Land Company is an LLC and the Managing Member of that LLC is Bonneville Incorporated, of which Mr. Beesley is the President. Mayor Barney inquired of Judy Gubler regarding the EDA acronym. Judy Gubler indicated Ivins City formed an Economic Development Agency (EDA) in 2000 to assist with funding infrastructure for the proposed complex. The EDA expires after 10 years and it has not been used.
MOTION: Council Member Elwell moved to approve Ordinance No. 2009-01, an Ordinance of Ivins City, Utah, Approving the Vacation of the O.R.E. Site Subdivision and the dedicated streets therein.
SECOND: Council Member Foot
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Rusick |
AYE |
| Council Member Jolley |
ABSENT |
Roll call. All Council Members voted in favor. Council Member Jolley was absent.
Judy Gubler gave a PowerPoint presentation. It is from GSBS Architects and is the proposed new phased facility option. It does not fit into the current budget but may be a facility the city works towards in the future. The cost of the three (3) phases of the new facility is $1.389 million. Public Safety Director Bob Flowers handed out a remodel plan to the City Council. A copy of the remodel plan and PowerPoint presentation are available by request through Ivins City Hall. Bob Flowers indicated he met with Dr. Ball, a veterinarian who works closely with the Ivins Shelter and they looked at what the Ivins Animal Shelter must have. The remodeling plan will fit the needs of the city for five to ten years (5-10), depending on community growth. The proposed remodeling plan is to increase the shelter to approximately 3000 sq ft and fits into the current budget. It is estimated to cost between $150,000-$160,000 dollars. The cost would be increased if a generator for the facility is obtained. The majority of the work will be done by the Public Safety Department and volunteers. The remodel will create a cleaner, healthier and more efficient shelter and is designed with the ability to expand as funds become available and the needs of the shelter grow. The remodel is anticpated to take three to four (3-4) months to complete. The shelter intends to have the current animals in the shelter adopted or fostered. The shelter is also looking at the possibility of working with Santa Clara’s shelter to house animals during the remodel.
MOTION: Council Member Rusick moved to approve expenditure of funds not to exceed two hundred thousand dollars ($200,000) for the Ivins City Animal Shelter remodel, based on the design created by Captain Hatzidakis.
SECOND: Council Member Foot
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Rusick |
AYE |
| Council Member Jolley |
ABSENT |
| A. |
Approval of Meeting Minutes for December 18, 2008 |
Council Member Elwell referred to page 2 on the last line and page 3 relating to the vaccination period. The wording is confusing and he suggested the word "year" be used rather than the word "period". The City Council requested that after they approve an ordinance where they have requested changes, they review the ordinance to ensure the language and changes they requested are contained in the ordinance before it is finalized.
MOTION: Council Member Elwell moved to approve the Meeting Minutes for December 18, 2008 as corrected.
SECOND: Council Member Foot
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Rusick |
AYE |
| Council Member Jolley |
ABSENT |
| 8) |
CONSENT AGENDA ITEMS FOR DISCUSSION |
Council Member Elwell - no report.
Council Member Foot reported the new Mosquito Abatement Manager has started his position. There will be a board meeting on January 22, 2009 and he will present his plans and vision for the District.
Council Member Rusick reported that the Washington County Land Use Bill has been redrafted as part of Senate Bill 22 that will likely be voted on this upcoming weekend. It has been dramatically altered from the Bill the City Council first saw a few years ago. Funds that are for land that will be sold, that is not preserved for wilderness, will go as the Federal Government demands, into a fund to buy more lands to protect, rather than to the Washington County Commissioners, who were slated to obtain a large portion of the proceeds of the land. The Bill is 1292 pages in length but the Washington County Land Use Bill starts on page 214 and goes through approximately page 265.
Mayor Barney reported there will be a break out session after the Economic Summit relating to Vision Dixie. He read a letter of resignation submitted by Council Member Foot. A copy of the letter is available by request through Ivins City Hall. Council Member Foot is moving outside the Ivins city limits and his resignation is effective as of the end of January, 2009. Mayor Barney and the City Council thanked Council Member Foot for his work. Judy Gubler indicated due to there being three (3) years left of Council Member Foot’s term, the appointment would be for one (1) year and there would then be an election for one two (2) year seat. Dale Coulam indicated the earliest the City Council can act on Council Member Foot’s position is in February, 2009.
City Manager Judy Gubler reported the Elementary Special Arts and Technology Charter School is going forward and the school has indicated their funding is secure. Council Member Foot inquired as to the school being aware of FEMA’s position relating to the designation of flood plain areas in Ivins City. Judy Gubler indicated there is a meeting on Monday, January 19, 2009 regarding this issue and she will follow up with Kevin Rudd. She acknowledged Dale Coulam and thanked him for covering for her while she was out. He dealt with the important issues competently. She reported the next City Council meeting will be focused on finances and providing updates to the Council.
| E. |
Items to be placed on future agendas |
| 10) |
EXECUTIVE MEETING - NONE |
MOTION: Council Member Foot moved to adjourn
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Rusick |
AYE |
| Council Member Jolley |
ABSENT |
The meeting adjourned at 7:30 p.m.
Respectfully,
Kari D. Jimenez
Ivins City Recorder
Respectfully,
Kari Jimenez,
City Recorder