All present included None.
STAFF:
Council Member Blair,
Council Member Jolley,
Council Member Hart,
Council Member Rusick,
and
Council Member Elwell.
EXCUSED: None.
Mayor Pro Tem Elwell called the meeting to order and announced that Mayor Barney would arrive shortly.
The Mayor arrived at 5:40 P.M.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Building Department Administrator Kevin Rudd, Director of Finance Maureen Burger, City Engineer Charles Gillette, Public Works Director Dave Glenn, Planning Commission Member Dennis Mehr and City Recorder Kari D. Jimenez
AUDIENCE: Cheyne McDonald and other who did not sign in.
EXCUSED: None.
| A. |
Acknowledgement of Quorum |
Council Member Elwell led the Flag Salute.
Council Member Elwell gave the Invocation.
The Mayor and City Council members stated they had no conflicts of interest with items on this meeting’s agenda.
Council Member Rusick stated she received a letter from a citizen regarding the digital recording and not being able to clearly hear individuals speaking. She suggested the speakers should speak into the microphone.
Building Department Administrator Kevin Rudd handed out a monthly report, a copy of which is available by request through Ivins City Hall. He reported that Ence Homes is the biggest builder currently in Ivins. They are buying building permits and selling homes in Sun Crest West. The Charter School will be located on Center Street, west of the existing LDS chapel. The Engineer for the school has submitted a preliminary concept plan that the TRC has reviewed. The City is limited on building restrictions because of the charter school statutes but the actual design of the building requires a conditional use permit. Staff will be going to the Planning Commission and City Council with a report on the school. Council Member Rusick requested an email be sent to the City Council relating to state regulations for schools. Kevin Rudd will provide that information to the City Council. The Fitness Ridge development has come to a standstill. A building has been started but grading and landscaping needs to be done. The Ivins Tourism Council is working on a sign prototype that Terry Marten is designing. This will be going forward to the City Council for review. If the prototype is approved, locations in the city will be chosen for the signs to be temporarily placed.
Public Works Director Dave Glenn handed out a monthly report. A copy of the report is available by request through Ivins City Hall. He reported that Ivins City had a booth at the Transportation Expo and it went well. The City received bids to move the waterline out of the property line south of 450 South To reduce costs, Staff will relocate the waterline and they intend to start that project in two weeks. The Public Works Department now has an employee that is certified to perform safety inspections and has started a fleet maintenance program for oil changes and minor repairs, which will be a cost savings for the City. Dave Glenn and City Engineer Charles Gillette are working on the maps for FEMA and the map revision is being done in-house. Dave Glenn indicated an individual with FEMA is available to meet with the City Council regarding this issue. The City Council agreed to meet with the FEMA representative. Dave Glenn will contact the FEMA representative to set up the meeting and will provide the City Council with the original information from FEMA for the Council Members to review. Dave Glenn reported the City held a pre-bid meeting for the 400 South project, which will be bid on March 3, 2009. He reported that Jenifer Harris provided information relating to the binnie recycling project and that since its inception, there's been over 300,000 pounds recycled. Due to the economy, the value of that recycled material is only $4500 dollars, but the binnies are being used and Ivins' portion of any proceeds received will go toward the animal shelter.
City Engineer Charles Gillette handed out a monthly report. A copy of the report is available by request through Ivins City Hall. He reported that the City is looking at alternatives for the spillway at the Tuacahn Detention Basin and the Tuacahn wash project should be complete by March 6, 2009. The 400 South groundwater drain and 100 East storm drain is complete. The City is working with the splash pad contractor for additional concrete work. The City is looking at funding opportunities and has written letters to Senator Bennett, Senator Hatch and Representative Matheson for funds on the 200 East project. Ivins City is working with St. George and the Washington County Water Conservancy District regarding the location of a water tank in the Kayenta Taviawk Phase 7 area or the possibility of upsizing the 1 million gallon reservoir to a larger tank. Council Member Hart indicated that on the east side of the Tuacahn drainage improvement, the rip rap appears to be covered up or eroded away by the recent storms. Charles Gillette will look at the site.
This report was heard after item 5B. Planning Commission Member Dennis Mehr reported the Planning Commission approved two home occupation licenses. He indicated there are currently two vacancies on the Planning Commission. Commissioner Mendenhall resigned and the Planning Commission voted to have Dennis Mehr Chair the Planning Commission between now and April. They will not begin to address the zoning ordinance until after they have a full quorum, which is anticipated to be by the end of March or first part of April.
Charles Gillette submitted a Memo with the Mayor and City Council’s requested changes and the appendices that were not previously provided to the City Council. A copy of the Memo and appendices are available by request through Ivins City Hall. There was a discussion regarding changes and clarifications relating to accesses, frontage, traffic counts, accident data and other grammitical changes.
MOTION: Council Member Rusick moved to approve the Ivins City Transportation Master Plan with the changes in article 7.2.1 in the first line, changing "non-single" to "multi-family" and in the 5th line, changing additional accesses "must be" to "may be" and in section 7.2.3, changing the title to "Single Family Residential Access" and in the first line, adding the words "single family" before "residential developments", and adding the accident data to the appendix in section A, Accident Data.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
AYE |
Charles Gillette indicated a Consultant was present at the previous meeting and provided information relating to this item. He indicated the previously noted problems have been corrected. There was discussion and clarification regarding bonding, impact fees, growth rates and potential businesses that may locate to Ivins City.
MOTION: Council Member Elwell moved to approve Ordinance No. 2009-02 "An Ordinance of Ivins City, Utah, related to the fixing and prescribing of a policy for Impact Fees for Transportation Facilities, adopting a Transportation Capital Facilities Plan for the Provision of said services, establishing service areas for purposes of equitable distribution of Transportation Impact Fees and other related matters
SECOND: Council Member Blair
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
AYE |
Roll call vote. All Council Members voted in favor.
Judy Gubler provided a Power Point presentation and handed out proposed budget changes. A copy of the presentation and proposed budget changes are available by request through Ivins City Hall. Ivins City is showing a slow but steady growth pattern. She anticipates next year being a difficult year. Staff is looking at every cost cutting mechanism the City has. She suggested the City open the budget, amend it and then lock the numbers in for the remaining fiscal year. The City Council requested they be updated periodically on the budget and would like to see what would need to be done, in addition to what is already being done, to balance the budget. Judy Gubler will provide the City Council with that information.
| D. |
Presentation and discussion of budget amendments |
This item was discussed in conjunction with item 5 C above.
MOTION: Council Member Elwell moved to approve Resolution No. 2009-03R "A Resolution of Ivins City, Utah, Appointing Chris Hart as the Representative on the Washington County Solid Waste District Board of Directors"
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
AYE |
Roll call vote. All Council Members voted in favor.
MOTION: Council Member Elwell moved to approve Resolution No. 2009-04R "A Resolution of Ivins City, Utah, Appointing Barbara Rusick as the Representative on the Southwest Mosquito Abatement District Board of Directors"
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
AYE |
Roll call vote. All Council Members voted in favor.
MOTION: Council Member Hart moved to approve Resolution No. 2009-05R "A Resolution of Ivins City, Utah, Appointing Michael W. Scott as a Member of the Planning Commission"
SECOND: Council Member Blair
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
AYE |
Roll call vote. All Council Members voted in favor.
Mayor Barney indicated there are a few individuals interested in serving on the Planning Commission, those being Cheyne McDonald, an individual moving to Ivins City and Adel Murphy. Council Member Rusick indicated Adel Murphy is the Appeals Officer for the Washington County tax department and was a licensed attorney in Chicago, although not presently practicing law. She also indicated there is going to be another appointment to fill Commissioner Mendenhall’s position. Council Member Elwell wants to make sure the City Council not only looks at qualified individuals, but also others who can provide representation for cross-sections of the community and suggested Cheyne McDonald. Council Member Rusick reminded the City Council of Cheyne McDonald’s involvement in wearing a "Step Down Barbara" t-shirt and posting similar signs across the city. She indicated those actions were juvenile but also stated that she admires his interest in serving the City and his attendance at the meetings. Cheyne McDonald came forward and indicated he spoke with Judy Gubler and did indicate his actions were juvenile. He apologized to the City Council and the City for his actions and indicated that he showed his frustrations in an inappropriate way. Council Member Jolley stated that he appreciated Cheyne taking the opportunity to apologize publically and indicated that Cheyne would be a benefit to the City on the Planning Commission. Council Member Hart indicated the Planning Commission does not have the final say on an issue but is a recommending body to the City Council and is a crucial body that goes through a lot of effort to make the best decisions for the city. He indicated that he supports Council Member Rusick and that Council Member Rusick is looking out for the city. Mayor Barney encouraged Cheyne to further apologize to Council Member Rusick in the future, in a different setting. Council Member Blair indicated the most important aspect for serving on the City Planning Commission is the willingness to study the problem and provide the best thoughts. Mayor Barney indicated it is important for individuals who serve the City, to not have an agenda or represent a specific group and to be respectful, supportive and represent the City as a whole. The Mayor is willing to give Cheyne McDonald a chance and appoint him as a member of the Planning Commission to fill the position that was held by Commissioner Blair.
MOTION: Council Member Elwell moved to approve Resolution No. 2009-06R "A Resolution of Ivins City, Utah, Appointing Cheyne McDonald to the Planning Commission for a term of 2 yrs and 2 months."
SECOND: Council Member Blair
VOTE: The motion carried.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Elwell |
AYE |
| Council Member Rusick |
ABSTAIN |
Roll call vote. Four Council Members voted in favor and one Council Member abstained.
Council Member Rusick indicated there are two words being added on page 4.
MOTION: Council Member Rusick moved to approve Ordinance No. 2008-21 "An Ordinance of Ivins City, Utah, Amending Title 16 of the Ivins City Code to add a chapter entitled "Multi-Family Residential Design Guidelines and Standards" with the correction in line 1, page 4, adding the words "in length" after the words "60 feet ".
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
AYE |
Roll call vote. All Council Members voted in favor.
Council Member Elwell reported that he was unable to attend DAWHAC meeting but Council Member Hart attended in his absence. He handed out a flyer relating to round-abouts. A copy of the flyer is available by request through Ivins City Hall.
Council Member Blair reported that he attended a DTEC meeting and handed out information on the stimulus bill relating to transit. A copy of the information is available by request through Ivins City Hall. The County Commission passed and supports a COG (Council of Governments). The State of Utah is scheduled to receive approximately $90 million dollars and Washington County will receive approximately $2.4 million. The tier 1 project is the Valley View Bridge that was washed out from the floods and the majority, if not all of the $2.4 million, will go to the Valley View Bridge project.
Council Member Jolley - no report.
Council Member Hart reported that he attended his first Solid Waste meeting. The meeting was centered on the recycling project. He attended the DAWHAC meeting on behalf of Council Member Elwell and they discussed the Workforce Housing issue. DAWHAC refined their goals and their focus in the future is on maintaining the ombudsman position and meeting quarterly or twice a year.
Council Member Rusick attended a meeting during which the Virgin River Land Trust made a presentation. There are 1700 Land Trusts in the Country and they secure conservation easements to preserve land use for open space. The newest acquisition was a 10 acre parcel in the meadows by Pine Valley. The individual who gave that parcel of land maintains his grazing rights and his prior uses but the land cannot be given to a developer. It is open space and in some instances, could be used for alternative energy projects.
This report was provided at the end of the Reports section.
Mayor Barney reported that BlackRock has obtained the land that the previous owner, Shan Gubler, was going to develop as a commercial phase-in. BlackRock does not see anything in the immediate future for their property, but the representatives are receptive to the development of the potential City Center project near 200 East and Center Street. He reported that the Harmon’s grocery store project in Santa Clara has been put on hold. Mayor Barney indicated that he has received Lesley Mendenhall’s resignation and when Carol Tenczar and Michael Foot resigned, he read their letters of resignation into the record. In this case, the Council Members have a copy of Lesley Mendenhall’s resignation letter. Council Member Rusick stated the letter should be made part of the record. Dale Coulam indicated there is a distinction. The letters of resignation the Mayor read previously were for City Council member resignations and this is a Council meeting. Lesley Mendenhall was a planning commissioner who was in an appointed position. The City does not attach resignation letters of employees to minutes. Council Member Jolley indicated that other Planning Commission letters of resignation have not been read. Council Member Rusick indicated it would be preferable to go into an Executive Session to discuss an accusation made in the resignation letter and not pretend that it didn’t happen.
| C. |
City Manager, Judy Gubler |
Judy Gubler reported that she and Mayor Barney met with BlackRock representatives and the representative indicated they will fund the completion of the roundabout. There has been a request from the County Treasurer to amend Ivins subdivision ordinance to require property taxes are paid on a property before the final plat is recorded. She reminded the Mayor and City Council that the Utah League of Cities and Towns mid-year conference is April 15-17th in St. George.
She referred to a letter from Troy Dennett regarding access on 200 East. She indicated that the property owners requested the City Council to revisit the issue and place it on the next City Council agenda. There was discussion regarding whether or not to re-address this issue. The Mayor and City Council determined this issue was addressed previously and they will abide by the previous decision.
| D. |
City Attorney, Dale Coulam |
No report
| E. |
Items to be placed on future agendas - NONE |