All present included Mayor Barney,
Council Member Elwell,
Council Member Blair,
Council Member Jolley,
Council Member Hart,
and
Council Member Rusick.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
City Engineer Charles Gillette,
Chairman Dennis Mehr,
Commissioner Cheyne McDonald,
Public Safety Director Bob Flowers,
Public Safety Deputy Director Pete Kuhlmann,
Animal Control Officer Robin Kirker,
Animal Control Officer Aggie Smith,
and
City Recorder Kari D. Jimenez.
EXCUSED: None.
Audience: Kathy Nied, Connie Butterfield, Lesley Mendenhall, Dennis Mehr, R.T. Marten, Shanan Martineau, Kathy and Glenn Ravenberg, Pete Kuhlmann, Don Miller, Hans Lundgren and others who did not sign in.
| A. |
Acknowledgement of Quorum |
Council Member Rusick led the Flag Salute.
Council Member Hart gave the Invocation.
The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
Kris Neal, Shelly Kotter and Holly Sizemore provided a PowerPoint presentation to the City. A copy of the presentation is available by request through Ivins City Hall. Lesley Mendenhall and others came forward and spoke regarding the benefits of the Trap-Neuter-Release (TNR) program. It was requested that Ivins City support the TNR program. Council Member Rusick inquired about suspending the rules to address item 5)A to consider Financial Support of Feral Cat Trap-Neuter-Release (TNR) Program. The Council agreed that the rules should be suspended, to address item 5)A after the Southern Utah Vietnam Veterans presentation.
MOTION: Council Member Rusick moved to suspend the rules and move consideration of support of the TNR Program to a point on the agenda after the Southern Utah Vietnam Veterans
SECOND: Council Member Hart
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 |
Ron Lewis with the Southern Utah Vietnam Veterans of America came forward and provided a PowerPoint presentation and a Vietnam Veterans POW/MIA flag to the City. A copy of the presentation is available by request through Ivins City Hall. Mr. Lewis requested that Ivins City recognize the third Friday in September of each year, as POW/MIA recognition day and in doing so, fly the Vietnam Veterans of America black and white flag on that day. It is to be flown below and second to the United States of America flag. The Mayor and City Council thanked the organization for the flag and presentation. Mayor Barney moved to sign the Proclamation recognizing National POW/MIA Recognition Day. Mayor Barney read the Proclamation and requested Chief Bob Flowers raise the flag at City Hall on Friday morning, September 18, 2009. Chief Bob Flowers indicated he would see that the flag was properly raised.
Item 5)A was addressed at this time.
Judy Gubler referred to the City budget and inquired as to the amount of support that is being requested. Council Member Rusick indicated up to $1,000.00. There was a discussion regarding how the money would be spent. It was determined that the City will fund up to $1,000.00 and the funds will be held in the Ivins City Public Safety budget. Chief Bob Flowers will work closely with Animal Control Officer Robin Kirker and others, to assist with a TNR program in Ivins. There will be an assessment of how the program is working in the next budget year.
Kevin Rudd reported that the Building Department is averaging three (3) residential building permits a month. He provided a monthly report relating to Code Enforcement activity, a copy of which is available by request through Ivins City Hall. Fitness Ridge will be providing an amendment to the City and their sign will be changing due to them officially being the World’s Biggest Loser spa. Tuacahn High School has added a portable classroom. The Vista charter school is working out a system to load and unload the school kids and is working on landscaping in front of the school.
Charles Gillette provided a Public Works report on behalf of the Public Works Director Dave Glenn, who could not be in attendance. He also provided a monthly Engineering report. A copy of these reports are available by request through Ivins City Hall. Charles Gillette reported that modifications to the Tuacahn Wash Detention Basin plans are being required by the State Engineer due to hydrology requirements from the criteria in the dam construction. The modifications are triggering a re-evaluation of the environmental requirements. The State Engineer does not agree with the current layout of the spillway and wants the City to design the dam to hold a large quantity of water. If the City proceeds with the recommendation by the State Engineer, the cost to build the dam would increase by $300,000.00 to $400,000.00. The City may need to re-evaluate this project and look at other dam sites. Mayor Barney requested this issue be placed on a future agenda for discussion.
Commissioner Cheyne McDonald reported that the Planning Commission approved the following: two (2) Home Occupation business licenses; the final plat for Ivins View subdivision; the final plat for the Taviawk phased subdivision in Kayenta; a casita application and a communication pole for high speed internet for portions of Kayenta.
Dale Coulam indicated the City currently has a Home Office business license and a Home Occupation business license. In the Ivins City Code Definitions section, generally a business includes all activities engaged in for the purpose of gain or economic profit and includes the sale of tangible personal property. There is no license required for nonprofit, tax exempt businesses. Ivins City honors business licenses from St. George and the business is not required to obtain an Ivins City business license, unless the principal place of business is in Ivins. The Home Occupation ordinance addresses business activity from the home where conditions are imposed that are designed to protect the residential neighborhood nature. The key issue for the City Council is to focus on what the City would require going forward. An individual may need a business license for tax or banking purposes and the City could provide a Home Office business license upon request, but not mandate it. The City Council determined the City will not mandate a Home Office business license and that a business license would be available if requested. Addressing Home Occupation business licenses, Dale Coulam indicated there are individuals in the City that create jewelry, wood carvings, paintings, photographs, furniture, pottery, items that are welded and similar activities that could all be considered hobbies. A fire inspection may be required when there is saw dust, welding or kilns. There were discussions about how the City draws the line of a hobby becoming a business and then applying the regulations consistently throughout the City.
Council Member Elwell indicated a business is for gain or economic profit that is reduced after costs. He provided a personal experience of a recommended therapy that involved the creation of items and that he and his wife sold at craft fairs while he was temporarily disabled. He indicated there was no gain financially after costs and that a Hobbyist’ purpose is different than economic gain. Dale Coulam stated that the City cannot use gain as a measure to determine when an individual is required to obtain a business license as some commercial enterprises could also show a business loss. Council Member Rusick spoke with the Assessor’s office regarding what triggers the Assessor’s office to send paperwork to individuals. The Assessor’s office obtains business license information from cities and a number of other sources, including newspapers. The paperwork is a self-assessed form and the Assessor will not go on site and make an assessment. Mayor Barney suggested adding language to the ordinance that if a hobby or craft is a primary use and there are no employees, noise, danger and similar issues, an exception could be included. Judy Gubler indicated the City needs to address health, safety and welfare of the City. Mayor Barney allowed Glenn and Kathy Ravenberg to speak. Kathy Ravenberg indicated that the ordinance is discriminatory as to how it’s enforced. Glenn Ravenberg stated the majority of items being made are not seen. He is aware of several other individuals in the City who are creating items for sale that do not have a business license. Dale Coulam referred to a list of conditions contained in the ordinance that cannot be violated. He suggested the City handle business licensing similar to that of a Home Office but that if an individual is doing business out of their home, they cannot violate any of the conditions in the list. If there is a violation, it could be addressed through ACE (Administrative Code Enforcement) court. The City Council agreed and requested Dale prepare and provide draft language for them to review. Pete Kuhlmann came forward and requested that City staff be directed as to when a fire inspection is required. Dale Coulam will address that in the draft.
MOTION: Council Member Rusick moved to approve Resolution No. 2009-20R "A Resolution of Ivins City, Utah, Adopting the Municipal Wastewater Planning Program
SECOND: Council Member Hart
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.
Council Member Blair attended a DTEC meeting and the Utah Federal Highway Administration Administrator was in attendance and is willing to offer help. The 2010-2014 TIP is anticipated to be approved on September 18, 2009 and if it is approved, the 200 East project will be included in that plan.
Council Member Jolley - no report.
Council Member Hart attended the Utah League of Cities and Towns conference and indicated it was informative and educational.
Council Member Rusick attended the Southwest Mosquito Abatement and Control District board meeting. There have been no cases of West Nile virus. The new director is doing an admiral job of disposing of chemicals the District does not need and in turn, saving money. The District is using three times the amount of test kits in the county than it has in the past. On October 5, 2009 she will attend a training session for individuals serving as trustees for mosquito abatement boards.
Mayor Barney indicated that Red Mountain Elementary inquired as to the City’s interest in making a basket that would be donated for a silent auction. Judy Gubler stated she will meet with Linda Elwell regarding this.
| C. |
City Manager, Judy Gubler |
Judy Gubler reported she also attended the Utah League of Cities and Towns conference. There was one session administered by Craig Call where the topic was "Long on Vision, Short on Agenda" that would be beneficial to the Planning Commission and City Council members. She will contact Mr. Call to determine his availability to work with the Planning Commission and City Council. Judy is needing direction on obtaining CDBG grants. If the Council determines to proceed with obtainng these grants, it will require an investment of time for individuals to attend the meetings. The Council would like to proceed with trying to obtain the CDBG grants. The northerly east and west street in the old part of town will likely qualify for the grants. Judy has seen the horse statues that are to be placed in the roundabout and the unveiling is anticipated to be in approximately four (4) or five (5) weeks.
| D. |
City Attorney, Dale Coulam |
No report.
| E. |
Items to be placed on future agendas |