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
August 20, 2009
MAYOR AND COUNCIL: The meeting was called to order at
5:29 p.m. and announced there was a quorum present.
All present included Mayor Barney,
Council Member Elwell,
Council Member Blair,
Council Member Jolley,
Council Member Hart,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
City Engineer Charles Gillette,
Public Safety Deputy Director Pete Kuhlmann,
and
Commissioner Cheyne McDonald.
EXCUSED: None.
AUDIENCE: Linda Elwell, Cheyne McDonald, Lance Anderson and others who did not sign in.
Council Member Jolley led the Flag Salute.
Council Member Jolley gave the Invocation.
The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
The Mayor, City Council and Public Safety recognized and thanked Toby Morwood for all that he does for the City. He has assisted the City for more than 10 years, in various capacities, and continues to do so.
Dave Glenn provided a monthly report to the City Council. A copy is available by request through Ivins City Hall. Dave Glenn reported that UDOT (Utah Department of Transportation) is providing funding for research and objectives for transit in Washington County. Council Member Blair indicated that the MPO (Metropolitan Planning Organization) has hired a company to do a study of all of the transit facilities that are being used in Washington County and the major agencies are now talking to each other. The key issue is insurance coverage. Dave Glenn reported that the transmission has gone out on the water truck and preliminary repair costs are approximately $5,000.00. Since the truck is over 20 years old, Dave is researching the possibility of acquiring a used water truck and will report back to the City Council. Council Member Hart stated that it is a great time to purchase used equipment and suggested the City look at the auctions being held in Las Vegas. Dave Glenn indicated that Chuck Gillette was able to get the LOMR (Letter of Map Revision) with FEMA passed. Chuck undertook the project and saved the City a substantial amount of money.
Chuck Gillette provided a report to the City Council. A copy of the report is available by request through Ivins City Hall. Chuck Gillette reported on the following: The City issued approximately twenty (20) flood elevation certificates to residents while the LOMR submission was being reviewed and considered by FEMA; the Center Street wall with the Gary Oyler property is complete; curb and gutter has been installed on 100 South and 100 West; Ence Electric started excavation on the Parkway for placement of the street lights; Suncrest West Phase 2 improvements are 95% complete; the Vista school is anticipated to be complete by September 1st.
Kevin Rudd provided a monthly report on the Code Enforcement Activity. A copy of the report is available by request through Ivins City Hall. Kevin commented on Code Enforcement Officer Skip Blythe and stated that Skip does a fantastic job and the City is fortunate to have Skip working for it. Kevin Rudd reported on the following: new home construction is averaging three (3) building permits a month; the Vista Charter School is planning to open on September 8th; the Planning Commission is reviewing the first mixed use application received by the City, which is for a mixed use in the Kayenta area.
Commissioner Cheyne McDonald reported that the Planning Commission approved a Preliminary Plat with SunFirst Bank, addressed a zone change request from residential back to RA-1 agricultural on 450 West and worked on a mixed use project in Kayenta. The discussion relating to the mixed use project was tabled and the Planning Commission will continue its discussion at its next meeting.
There was one Citizen Comment. Adam Garceau came forward and indicated that for his Eagle Scout project, he will be designing and building a dog park for the Ivins City Animal Shelter. He intends to plant grass, install irrigation and place obstacles for the dogs to play with. Monetary donations can be made to FIAS (Friends of Ivins Animal Shelter) under Adam Garceau's name. Mayor Barney indicated his project needs to be approved by Public Safety and after it is approved, the Mayor requested that Adam provide flyers to the City office.
| 4) |
PUBLIC HEARING AND ACTION ITEMS - NONE |
Dale Coulam indicated this item has come up several times in the recent past. There are and can be legal ramifications when the City Council reconsiders an issue. Dale referred to the most recent issue on 200 East that was reconsidered. Before the reconsideration was approved, it was a legally final, non-appealable matter. Every time an issue comes back for additional discussion, it opens the issue up for additional evidence and new rights to appeal. Reconsideration is discretionary and there is no requirement to reconsider an issue. Dale Coulam inquired of the Mayor and City Council regarding setting forth a policy or parameters for reconsideration. Mayor Barney indicated that if an issue is reconsidered due to the same individuals or groups coming forward and requesting reconsideration, the City no longer has the benefit of hearing both sides of the issue. In any type of government, there will be decisions made that aren’t going to make everybody happy. On tough issues you will not be able to please everyone. Mayor Barney indicated if there is new information that was not considered in the original decision or there was inaccurate information initially, that may be grounds to reconsider an issue but there has to be a point where the issue isn’t re-opened again and again. It sends a bad message to the public about the City.
There was a lengthy discussion and suggestions to address the issue of reconsideration. The Mayor and City Council determined they would like Dale Coulam to draft a policy for their review.
The Mayor and City Council discussed additional recommended changes relating to building heights, minimum square footage, setbacks and grammatical changes.
MOTION: Council Member Rusick moved to approve Ordinance No. 2009-09 An Ordinance of Ivins City, Utah, Amending Title 16 of the Ivins City Code Regarding Zoning, as corrected tonight, with the addition of RE-17.5, with the same standards as RE-15.
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 vote. All Council Members voted in favor.
Judy Gubler requested that Consent Agenda item A be pulled for discussion.
| B. |
Approval of Meeting Minutes for August 6, 2009 |
MOTION: Council Member Jolley moved to approve Consent Agenda item B, Meeting Minutes for August 6, 2009 Council meeting
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 |
| A. |
Approval of Easement Agreement for Cordero Drive Groundwater Drain |
Judy Gubler referred to page 1 of a redlined copy of this Agreement, a copy which is available by request through Ivins City Hall. The requested changes are from Santa Clara’s Attorney, clarifying that the line is to remove groundwater only.
MOTION: Council Member Hart moved to approve the Easement Agreement for Cordero Drive Groundwater Drain, as amended
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 |
| 7) |
CONSENT AGENDA ITEMS FOR DISCUSSION |
Council Member Elwell reported that one of the dogs at the Ivins Animal Shelter referred to as "Joker" has been sent to a retraining rescue group in New Jersey. There will be a walk and adoption event entitled "The Twelve Pets of Christmas" on Saturday, December 5, 2009. One of the Special Guests will be Merrill Osmond and other Osmond family members may also be in attendance.
Council Member Blair reported he attended a Dixie Transportation executive meeting and they approved the 2010-2014 Transportation Improvement Plan (TIP) for the region. The realignment of Snow Canyon Parkway/Snow Canyon Drive Tuacahn intersection roundabout is in the budget and money is available in the FY2010. The 200 East project wasn’t originally on the Urban Transportation System (UTS) for funding but it is now in the 30 day review process, asking for public comment. At the next meeting in September, the 200 East project may be added to the UTS.
Council Member Jolley had no report but commented on attending the Washington County Fair and suggested that a seed display that represents Ivins City could be done as an Eagle Scout project.
Council Member Hart reported that he attended the Washington County Fair as well. He would like to see more promotion of the Ivins City Pageant and involvement in the community from the Ivins City royalty.
Council Member Rusick - no report.
Judy Gubler reported that in the near future the horse statues will be placed in the roundabout, along with landscaping and lighting. There may be a dedication/ribbon cutting in October. The new Director of Finance, Alan Rae, has researched water, sewer and storm drain rates and the City is reviewing those. Judy met with the Candidates that are running for Mayor and City Council and they are ready to campaign. Judy reminded the Mayor and City Council that the ULCT (Utah League of Cities and Towns) convention is Sept. 9 through September 11. Mayor Barney indicated that the new City Council members should register to attend that convention. Judy Gubler reported that the Public Safety Department was actively involved in and did a great job rescuing the hiker on Red Mountain this week. Council Member Elwell commented on the presentation that the Public Safety Department gave at Red Mountain Elementary. He received feedback that it was the best presentation the elementary school has had from the Public Safety Department. Mayor Barney inquired if the Public Safety Department could give a similar presentation to the new Vista school as well and Judy Gubler indicated that they could. Judy has been in contact with the Washington County School District and Lava Ridge Intermediate School regarding the elimination of a bus in Ivins. The School District and Lava Ridge agreed to examine the number of students and stops needed in the next two weeks. They suggested that they may propose that Ivins City fund the additional bus, although it is not known where the funds would come from to do that. The school isn’t in Ivins City but Ivins has concerns with students walking or biking along with traffic on the connecting roads. Mayor Barney indicated that the most upsetting issues were that there was no advance notice to the City or the parents that a stop had been eliminated and parents and the City were not treated politely. Judy Gubler will follow-up with Santa Clara City regarding the grant funds Santa Clara received, with the support of Ivins City, for safety improvements to go in on the connecting road near the Lava Ridge Intermediate School.
Mayor Barney reported that there have been meetings with the property owner by Tuacahn and some others and he is encouraged with their willingness to develop something nice in the future that is also in the vision of the City.
| C. |
City Attorney, Dale Coulam |
No report.
| D. |
Items to be placed on future agendas |
MOTION: Council Member Hart moved to adjourn
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 |
The meeting adjourned at 8:20 p.m.
Respectfully,
Kari D. Jimenez
Ivins City Recorder