All present included
Council Member Elwell,
Council Member Foot,
Council Member Jolley,
Council Member Rusick,
Council Member Hart,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
City Recorder Kari Jimenez,
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
City Engineer Charles Gillette,
Director of Finance Maureen Burger,
Planning Commission Member Lesley Mendenhall,
and
Planning Commission Member John Reed.
EXCUSED: None.
AUDIENCE: Marv Johnson, Kody Young, James Keeley, Jerry Blair, Lloyd & Etta Warner, Cheyne McDonald, Lance Anderson, Terry Marten, Brian Chadaz, Erin Baker, Mike Scott
Council Member Hart led the Flag Salute.
Council Member Hart gave the Invocation.
The Mayor and City Council stated they had no conflicts of interest with items on this meeting’s agenda.
| A. |
Heritage Days Financial Report - Linda Elwell |
This item will be addressed on a future City Council meeting agenda.
Building Department Administrator Kevin Rudd on behalf of his department, thanked Council Member Foot for his service to Ivins City while serving as a City Council member. Council Member Foot is moving outside of Ivins City limits and tonight is his last City Council meeting as a City Council member. Kevin Rudd reported on building permits and trends. He provided a Power Point presentation and a year-end Code Enforcement report for 2008. A copy of the presentation and report is available by request through Ivins City Hall. The Mayor and City Council thanked the Code Enforcement Officers for the job they are doing and for working with the citizens to resolve code enforcement issues.
Public Works Director Dave Glenn on behalf of his department, also thanked Council Member Foot for his service to Ivins City. He reported the majority of the active construction projects are nearly complete. The street sweeper is out of service but is being repaired in-house to reduce repair costs. He handed out a summary report for December, 2008. A copy of the report is available by request through Ivins City Hall. He reported he was on a conference call with FEMA regarding the flood plain map and flood insurance issue. He indicated the City Engineer Charles Gillette will report on that issue later tonight. He was on a telephone conference with various city Mayors throughout Utah regarding the stimulus package the new Presidential administration is proposing. The City Engineer will also report on that later tonight. He reported that Ivins City will have a booth at the Transportation Expo at the Dixie Center on February 3, 2009. There were discussions relating to the ground water problems in the Padre Canyon phase 8 area. Dave Glenn reported the drain is in place on 400 South that is intended to catch the ground water but it is going to take a few months of monitoring to determine if the drain is going to work. Irrigation is a contributing factor to the ground water.
City Engineer Charles Gillette thanked Council Member Foot for his service with Ivins City. He handed out a monthly report, a copy of which is available by request through Ivins City Hall. He reported on the following:
The Spillway - The State Engineer looked at the site and determined a smaller spillway will be allowed. Downsizing the spillway will reduce costs but the design would likely fail in the event of a 200 or 300 year flood. He is working to obtain easements in that area.
FEMA Flood Insurance Program - A telephone conference was held with FEMA regarding the city’s delay in adopting the flood insurance program. FEMA’s biggest contention is that the dikes currently in place are being ignored because they are not certified. FEMA may agree to allow the dikes to be included without certification, although analysis on the dikes is required. It may be possible for the analysis to be done in-house. He reported that the consequences of not adopting the flood insurance program may include banks not lending money on any property in the city, no assistance to Ivins in the case of a disaster, and Federal funding would not be available to Ivins. Staff recommends adopting the flood plan ordinance while staff works with FEMA on their map that designates flood plains and analysis of the dikes. The Mayor and City Council disagree because the city would be accepting the maps as FEMA has presented them and the city is not in agreement with FEMA’s current map designating flood plains. Dale Coulam suggested a resolution be sent to FEMA acknowledging their work with Ivins, expressing Ivins intention of adopting the ordinance once the process of analyzing the dikes is complete. The Mayor and City Council are in agreement with that and directed Dale Coulam to prepare the resolution. Judy Gubler will look into the issue on what the impact may be relating to banks not lending money for mortgages on property in Ivins.
Federal Stimulus Bill - Chuck provided a Power Point presentation relating to money that may be available for infrastructure projects that are shovel ready, meaning the projects are ready to construct within 120 to 180 days after passage of the bill. He handed out a list of projects that may qualify for the stimulus and requested the City Council chose three (3) projects that have the greatest chance of being funded and proceed with engineering the projects. The approximate cost for engineering each project is 12% of the total construction cost. The projects should have few environmental issues so that the environmental process doesn’t delay funding. A copy of the presentation and a list of projects is available by request through Ivins City Hall. Staff would like to proceed with the design of the 200 East reconstruction project. The city has until August, 2009 to identify projects that are shovel ready. The Mayor and City Council determined they will review the list of projects and address this issue at the next City Council meeting. Judy Gubler indicated she will look at the budget to assess the impact of the engineering costs.
Director of Finance Maureen Burger presented the quarterly budget report and handed out a Financial Report. A copy of this information is available by request through Ivins City Hall.
Dale Coulam presented economic data presented at the Economic Summit. A copy of this information is available by request through Ivins City Hall.
Commissioner Mendenhall reported that the Planning Commission met on Tuesday, January 20th and approved a business license for a doctor at the Snow Canyon Clinic and held a Public Hearing on the Class V Conditional Use Permit for the animal shelter expansion, which is moving forward to the City Council. It was determined that she will remain as the acting Chair until a later date. On behalf of the Planning Commission, she thanked Council Member Foot for his service with Ivins City.
Recognition of Council Member Foot - The Mayor presented Council Member Foot with a plaque and a few mementos, on behalf of the City Council and City Staff. Mayor Barney and the City Council thanked him for his service to Ivins City and wished him well. Council Member Foot thanked everyone and indicated it has been an honor and privilege to serve on the City Council and to serve the residents of Ivins.
Zoning Administrator Kevin Rudd reported this is a re-application of a subdivision previously approved by the City Council. All improvements are in, but the subdivision wasn’t recorded with the County Recorder’s office. There is now a new owner and the process of approval has started over due to the previous application expiring. Staff recommends approval of the preliminary plan. Mayor Barney opened the Public Hearing. There being no comments, Mayor Barney closed the Public Hearing.
MOTION: Council Member Elwell moved to approve the Preliminary Plan for Cielo Vista Subdivision located at approximately 400 West and 200 South. Douglas Youngberg, applicant.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
AYE |
The motion passed unanimously.
Building Administrator Kevin Rudd indicated the current Ivins City Code doesn’t adequately address multi-family developments. Judy Gubler suggested that after public input, the City Council determine how they want to address this issue and address it at a future meeting. A Power Point presentation was given on the issue. A copy of the presentation is available by request through Ivins City Hall.
Mayor Barney opened the Public Hearing. There being no comments, Mayor Barney closed the Public Hearing.
Council Member Elwell indicated he appreciated what the Planning Commission has brought forward. Council Member Rusick indicated she attended the Planning Commission meetings and knows the amount of time the Planning Commission members spent putting the language together for the ordinance. There was a lengthy discussion relating to clarifications and suggested changes to the document. The Mayor and City Council requested City Attorney Dale Coulam make the requested changes and that this issue be addressed at the next City Council meeting.
MOTION: Council Member Foot moved to table Ordinance No. 2008-21 for further corrections and to be brought back at the next scheduled meeting.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
AYE |
The Motion passed unanimously.
Erin Baker with Horrocks Engineers indicated he took the existing study from 2004 and updated it. A copy of the final draft of the Transportation Master Plan is available for viewing, by request through Ivins City Hall. Mayor Barney opened the Public Hearing. Brian Chadaz with BlackRock Land Company came forward and referred to a letter submitted by BlackRock Land Company. A copy of the letter is available by request through Ivins City Hall. The Ivins City Transportation Master Plan identifies potential roads in the plan and BlackRock would like Ivins City to defer setting the location of any major, minor or other roads in the area bounded by the Snow Canyon Parkway, the Western Corridor and Pioneer Parkway, due to there being no plans currently to develop the area BlackRock recently purchased near Snow Canyon Parkway and due to that area being sensitive land. Dave Glenn indicated the city needs to identify some kind of road that shows connectivity. All future roads are shown conceptually. Dale Coulam stated that if the roads are removed from the map, the City has nothing to fall back on to require the road connection. There needs to be a road connection shown. The developer can then participate in the process of locating roads, based on the type of development. He recommends that the City leave the identified roads on the map and if roads are deemed not necessary in the future, they can be removed at a later date. Marv Johnson, President of Shonto Point HOA (Home Owners Association) in Kayenta came forward and referred to a letter he submitted on behalf of the HOA. A copy of the letter is available by request through Ivins City Hall. The HOA has concerns with Sections 3.1.2.5 and 3.1.2.6 of the Ivins Transportation Master Plan. The HOA would like to see the design of phasing development to include positive roadway drainage that minimizes potential damage to adjacent property that can be maintained at a reasonable cost. The HOA would also like to see more emphasis placed on the use of curb and gutter on roadways that are classified as rural streets and would like only one option be given to a developer, that of curb, gutter and storm sewer due to problems with flooding after heavy rain. Terry Marten and Lance Anderson with Kayenta Development came forward and argued for the options to developers to remain as they are outlined in the plan, rather than having only one option as suggested by Marv Johnson. John Reed, a resident of Ivins City and a Planning Commission member, came forward and commented on the Ivins City Transportation Master Plan, indicating it is an excellent plan that is being incorporated into the smaller community of Ivins City. He has heard comments that recognizes the Ivins City Council for being on the forefront of planning and development. There being no further comments, Mayor Barney closed the Public Hearing.
Council Member Elwell commented that the Ivins Transportation Master Plan is an excellent document but he has some concerns. The Mayor and City Council discussed at length concerns relating to verbiage that could be confusing; how statistics are reported; cross-sections in general; sensitive lands; the cross-section on Puerto Drive relative to a shared bike path, placement of the curb and safety issues relating to that; urban and rural streets and developers options relating to curb and gutter and acceptable alternatives; the designation of the area west of 400 West as a rural area; consistency of language in the plan with the City ordinances relating to zoning, cul-de-sacs, maximum commercial square footage and maximum building heights.
There was a lengthy discussion regarding the cross-section on Puerto Drive and the safety of a shared bike path on that road. Dave Glenn indicated the safest and best way to include a bike path on Puerto Drive would be to remove the current curb and gutter and start over, which would cost approximately 1 million dollars. There was reference to a neighboring city’s design of a main road with a shared bike path and the existing safety concerns with that situation. Mayor Barney and the City Council would like to submit the Puerto Drive road/bike path project as a shovel ready project that may be considered for grant money from the proposed Federal stimulus package. The Mayor and City Council determined the roads identified in the Transportation Master Plan would remain in the plan, based on the City Attorney’s recommendation. Regarding options relating to roadside drainage and curb and gutter, the Mayor and City Council indicated the options as outlined in the Transportation Master Plan are sufficient and supported by the City Engineer Charles Gillette.
The Mayor and City Council requested this issue be continued and placed on the next City Council meeting, along with the adopting ordinance.
MOTION: Council Member Rusick moved to continue the discussion on the Ivins City Transportation Master Plan and any consideration of approval to the next meeting.
SECOND: Council Member Foot
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
AYE |
The motion passed unanimously.
Judy Gubler provided a financial trend analysis report. A copy of the report is available by request through Ivins City Hall. This matter will be addressed in detail at a future City Council meeting.
MOTION: Council Member Foot moved to approve Resolution No. 2009-01R "A Resolution of Ivins City, Utah, in Support of the Principles Espoused in Vision Dixie 2007: Land-Use & Transportation Vision"
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
AYE |
Roll call vote. All Council Members voted in favor.
Judy Gubler indicated this resolution allows Ivins to reimburse itself if the City bonds in the future. It is not an obligation to bond.
MOTION: Council Member Elwell moved to approve Resolution No. 2009-02R "A Resolution of Ivins City, Utah, Declaration of Official Intent of Ivins City, Washington County, Utah to Reimburse itself from the Proceeds of Bonds for certain Capital Expenditures Advanced by the City for the acquisition, construction, expansion and improvement to the 200 East Roadway project and related improvements and other City roadway improvements; establishing the maximum principal amount of such expenditures; and authorizing incidental and related actions by the City Council
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
AYE |
Roll call vote. All Council Members voted in favor.
An owner of property has requested the ability to plant and water landscape on his vacant lot which requires a water connection. Dale Coulam indicated a City ordinance and state statute governs building permit and impact fees and when those fees are paid. "Impact fee" means a payment of money imposed upon development activity as a condition of development approval. The Mayor and City Council agreed to allow this option and make a tap connection available on a residential lot for the purpose of watering plants or landscape.
Mayor Barney introduced Mike Scott. He is a volunteer with Tuacahn and has extensive experience in real estate and planning. Mike Scott came forward and indicated he purchased a home in Ivins 5 years ago and moved to Ivins full time a few years ago. He has a consulting business in the Seattle, WA area and operates it electronically from Ivins.
MOTION: Council Member Elwell moved to approve the appointment of Mike Scott as a member of the Planning Commission.
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
AYE |
Judy Gubler indicated Council Member Foot and others have been working toward providing a dog park in the City. It will be located at approximately 400 W. with access from 600 W. If the City Council approves the proposed license agreement, it will be forwarded to the Ivins Irrigation Company for signature.
MOTION: Council Member Foot moved to approve the License Agreement with Ivins Irrigation Company for a dog park.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Foot |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
AYE |
Council Member Elwell reported there was an article in the newspaper today regarding the Animal Shelter expansion and remodel project. As a result of that article, three (3) individuals have pledged money for the project. Council Member Rusick indicated she knows an individual who is willing to volunteer to paint the shelter.
Council Member Foot reported he attended his last mosquito abatement meeting. They introduced the new Manager that they hired. Council Member Foot suggested to the new Manager that he contact all of the cities in the County to set up a brief presentation regarding the direction he will be taking.
Council Member Jolley - no report.
Council Member Hart - no report.
Council Member Rusick - no report.
No report.
| C. |
City Manager, Judy Gubler |
Judy Gubler reported she will be reviewing the budget and looking for revenue shortfalls. She will also be locating offsetting cuts and expenditures.
| D. |
City Attorney, Dale Coulam |
No report.
| E. |
Items to be placed on future agendas |