All present included
Council Member Elwell,
Council Member Blair,
Council Member Jolley,
Council Member Hart,
and
Council Member Rusick.
STAFF:
EXCUSED: None.
Mayor Pro Tem Elwell called the meeting to order. Mayor Barney arrived at 5:05 p.m.
MOTION: Council Member Rusick moved to enter into a closed session pursuant to section 52-4-204 for the reason of discussion regarding deployment of security personnel, devices, or systems.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
The Executive Meeting adjourned at 5:30 p.m. and the open meeting resumed at 5:35 p.m.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Public Safety Director Robert Flowers, Public Works Director Dave Glenn, City Engineer Charles Gillette, Building and Zoning Administrator Kevin Rudd and City Recorder Kari D. Jimenez
AUDIENCE: Linda Elwell, Connie Butterfield, Toni McDonald, K. Nied, Martha Smythe, Gail Limas, Sara Post Lee, Adam Garceau, Michael Foot, Kevin Warnick, Jim Hatzidakis, Lesley Mendenhall, Marshal Graham, McKenzie Hansen, Cheyne McDonald and others who did not sign in.
EXCUSED: None.
| A. |
Acknowledgement of Quorum |
Council Member Elwell led the Flag Salute.
Council Member Elwell gave the Invocation.
Council Member Hart indicated his family owns property affected by the Flood Damage Prevention ordinance that is listed as item 6A on the agenda. The Mayor and other City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
Linda Elwell, Robin Kirker and Aggie Smith recognized and thanked numerous volunteers for their invaluable service. It has been five (5) years since the "No Kill" philosophy was introduced and it has been a success due to everyone who has been involved with the Ivins animal shelter. A list of the individuals recognized is available by request through Ivins City Hall.
Linda Elwell provided a financial report to the City Council. The report included financial information for Heritage Days and Ivins Heritage Art Festival. A copy of the report is available by request through Ivins City Hall. There were discussions relating to the report and the possibility of FIAS (Friends of Ivins Animal Shelter) handling the Ivins Heritage Art Festival in the future. The Mayor and City Council requested discussion relating to FIAS handling the Ivins Heritage Art Festival be addressed in detail on a future agenda. The City will tentatively not hold the Heritage Art Festival event this year.
Kevin Rudd provided a report to the City Council relating to code enforcement. A copy of the report is available by request through Ivins City Hall. He reported on the following: The City is averaging three (3) building permits a month. Cody Mitchell has been re-assigned to the Public Works Department and, due to that re-assignment, approximately twenty (20) hours a week of code enforcement will be cut back, Skip Blythe will continue working on code enforcement. The City has received a formal application from the charter school. He handed out drawings for the proposed charter school, a copy of which is available by request through Ivins City Hall. He indicated the school did a good job designing the building. Staff has concerns with possible stacking of vehicles when the students are being dropped off or picked up. The City Engineer has suggested connecting the charter school parking lot with the LDS church parking lot to alleviate some of the stacking concerns. There are issues to be worked out and additional information is coming from the school. Staff will continue working with the school to resolve various issues.
Fitness Ridge may become a "Biggest Loser" type of host spa, but in order to do that the spa needs to increase its guest capacity to 200, rather than 40 that it currently has. The spa will need to expand and the current zoning for expansion is in place. The current casita plan may change to several more guest buildings and Fitness Ridge’s architect is working on aesthetics for the proposed guest buildings.
Dave Glenn provided a report to the City Council. A copy of the report is available by request through Ivins City Hall. The City has contracted with Twin D for the past several years to clean out the sewers and they are finishing that up this week. Staff will be installing a waterline on 400 South before the CDBG grant project improvements go in. Staff will be installing a waterline on 200 East between 400 South towards Tri-Mart and the design will be done in-house. City Staff has the expertise to handle these projects. Mayor Barney referred to an upcoming meeting with UDOT (Utah Department of Transportation) and requested that it be mentioned to UDOT that they identify directions to Ivins when UDOT places signs. Dave Glenn indicated he will make the request to UDOT.
Charles Gillette provided a report to the City Council. A copy of the report is available by request through Ivins City Hall. He reported on the following: the extra items assigned to the contractor to mitigate damages for not timely completing the Tuacahn Wash has been to the benefit to the city; the Letter of Map Revision (LOMR) is in the process and once completed will be submitted to FEMA; the City is ready to open bids on West Center Street. Council Member Rusick inquired as to the status of the issue with the owners of homes near Red Rock Park encroaching onto City property. Dale Coulam indicated the City has received signed contracts from half of the residents and contacts will be made with the owners who have not responded.
| D. |
Planning Commission Report |
No report. There was no one present from the Planning Commission.
The Mayor and City Council discussed this item at length in a previous City Council meeting. They commented on the letter of protest that will be submitted to FEMA and indicated the letter reflects the City Council’s position. A copy of the letter is available by request through Ivins City Hall. Dale Coulam indicated there is one substantive change relating to the appeals. Rather than the City Council hearing the appeals, it is the Land Use Authority, which is the Administrative Law Judge.
MOTION: Council Member Elwell moved to approve Ordinance No. 2008-22 "An Ordinance of Ivins City, Utah, Amending Title 7 of the Ivins City Code to add a chapter entitled "Flood Damage Prevention" and approve submittal of the letter as drafted and attached.
SECOND: Council Member Blair
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
Roll call. All Council Members voted in favor.
Dale Coulam indicated that when the work for Harmon’s grocery store was being done, the sewer line was relocated due to it cutting across Harmon’s property. Ivins City was presented with a version of the Sewer Line Easement that included an indemnification of the property owner. Ivins indicated it would not indemnify the property owner. The recitals in the agreement outline what occurred. The agreement acknowledges granting a new alignment of the easement and in consideration of that, the old alignment will be abandoned with the terms of the previous easements remaining in full force and effect. Ivins City hasn’t heard from the property owner's attorneys. Ivins is moving forward and will present this easement to Santa Clara for signatures.
MOTION: Council Member Rusick moved to approve the Amendment to Sewer Line Easement between Boyer Santa Clara L.C. and Santa Clara City, Ivins City and St. George City.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
Charles Gillette indicated the City received seven (7) bids. The lowest bid was from A-T Asphalt Paving and was 24% lower than the 2nd lowest bid. The City met with them and A-T Asphalt is confident in their bid. A-T Asphalt will be using a process that re-uses the asphalt. The concern is the road base used years ago in Ivins may not be re-useable or outside of Ivins current specifications. The City will closely manage and inspect this project.
MOTION: Council Member Hart moved to approve an expenditure not to exceed $513,000 and award Contract No. 09-01 to A-T Asphalt, for construction of 400 South Block Improvements.
SECOND: Council Member Blair
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
Council Member Elwell - no report. He thanked everyone involved five (5) years ago for the direction of the Ivins Animal Shelter and saving a number of animals. Without the City Council, Judy Gubler and City Staff, it wouldn’t have happened.
Council Member Blair - attended the State Transportation Commission meeting, which was followed by DTEC. There are some significant expenditures approved in the area, from Ivins to Hurricane and all of Washington County. There are $244 million in projects in Washington County either under construction or design. The stimulus money for the Valley View Bridge was approved by the State Transportation Commission for $6 million dollars. $3 million dollars is scheduled for the bridge over the Virgin River at Mall Drive. Washington City and St. George are contributing to that project. An additional $50 million dollars was approved for phases 3 and 4 of the Southern Parkway. Phase 1 is the road from I-15 to River Road and is nearly complete and Phase 2 is the road to the airport, which is a work-in-progress and is already funded. Phase 3 takes the road to Washington Fields and Phase 4 takes the road to 4800 West, which goes down through Sand Hollow. Approximately 18 miles of the 24 mile road has been approved with funds set aside. He reported that the motor fuel taxes are decreasing significantly. For the period of 2007-2008, they decreased by 20% and for the period of 2008-2009, they decreased by 40%, which affects the amount of money the cities and counties receive. DTEC approved everything that had been approved by the Transportation Commission regarding the stimulus package.
Council Member Jolley - no report. He inquired as to any recent dialog with the school district or any property owners’ that have had recent dialog, regarding the potential sites for a new high school in Ivins. Judy Gubler indicated she spoke with Brent Gardner, the individual who negotiates those purchases for the school district. The school district has been working with different property owners’ but at this point the school district may use the existing site it already owns and try to acquire additional property adjacent to the existing site. The district needs enough property for a middle school and high school.
Council Member Hart - no report.
Council Member Rusick - reported she had an opportunity to hear a presentation by State Senator Karen Morgan regarding the current legislative session. She inquired of Dale Coulam if he was going to provide an update to the City Council regarding the changes made in the legislature. Dale Coulam indicated he has a conflict due to the legislative update being on a City Council night in April and he would be required to miss that City Council meeting. Additionally, the training budget has been cut. He will give the City Council an update from the source once the information is put together. The Mayor and City Council recommended he attend the legislative update.
Mayor Barney reminded the Council Members to encourage Ivins residents to be involved in the County. There is a meeting on Wednesday, April 8th at 2:00 p.m. regarding the Washington County Economic Development Council. The Mayor would like Ivins to be involved with that Council. The Mayor and City Council discussed forming its own Economic Development Council. The Mayor requested the City Council submit names for individuals to be on that Council. The goal is to form the Economic Council by May, 2009. The Mayor requested this item be placed on a future agenda for discussion.
| C. |
City Manager, Judy Gubler |
Judy Gubler indicated Kevin Rudd provided the Planning Commission with the big picture of the zoning amendments to the map and the document. She suggested a joint meeting with the Planning Commission and City Council. It was determined the joint meeting will be held on Thursday, April 23, 2009 from 5:30 p.m. to 7:30 p.m.
| D. |
City Attorney, Dale Coulam - no report. |
| E. |
Items to be placed on future agendas |