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,
Parks and Recreation Director Benny Sorensen,
Public Safety Director Robert Flowers,
City Engineer Charles Gillette,
and
Planning Commissioner Cheyne McDonald.
EXCUSED: None.
Audience: Steven Roberts, Matt Marten, Lance Anderson and others who did not sign in.
| A. |
Acknowledgement of Quorum |
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.
Judy Gubler indicated Staff prepared a report that outlines how Transportation Impact Fees are calculated for a Quality Restaurant. A copy of the report is available by request through Ivins City Hall.
Greg Federman spoke to the City Council and outlined his request for the City to exempt his restaurant business expansion and re-location from being assessed any impact fees. He would like to move his business next door into an existing building and expand the inside seating from 18 seats to between 30 and 45 seats. The outside seating would remain the same. A copy of the written request is available by request through Ivins City Hall. The Mayor, City Council and City Attorney discussed the pros, cons and legal issues of completely waiving the impact fees and the option of transferring and crediting the business for the current inside seating of 18 seats and then deferring payment of impact fees for the expansion of seats at the new location. It was determined that based on the business currently being an existing and established business, and having paid impact fees at the time of establishment, impact fees would only be assessed on the inside seating expansion portion of the business and that the payment of the assessed impact fees would be deferred with half to be paid at the time of the building permit and the other half within 18 months and as outlined in an agreement that the City Attorney will prepare. The business owners will work with Staff over the next 30 days to finalize the number of indoor seating to be expanded. Mayor Barney requested the agreement narrowly define the deferral of impact fees being based on the business being an existing business expansion, a major anchor in the Coyote Gulch Kayenta Community, the current condition of the economic times and that it is consistent with the General Plan of Ivins City.
MOTION: Council Member Rusick moved to adjust the proposed impact fee for Xetava Gardens Cafe, based on a formula of $516.89 for each seat in the new restaurant above the eighteen (18) inside seating in the existing location. The final number to be determined by the plan that is approved for the restaurant, based on the finding that this is not a new restaurant, it is an existing business that is expanding a short distance away from where it is presently located and that it is an anchor business for the important Coyote Gulch commercial area that is key to the city.
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 |
MOTION: Council Member Rusick moved to amend the above motion, to include the fee that is calculated will be paid one-half at the time of the start of construction and the remaining amount to be paid eighteen months after that date.
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 |
Judy Gubler indicated this item was brought forward after the City received a letter from an individual with Schwan’s Food Service. A copy of the letter is available by request through Ivins City Hall. Dale Coulam referred to another letter that may be a future agenda item for discussion. The City received a letter from the publisher of Today in Dixie newspaper, disputing that publication being classified by the City as a handbill. It was determined that publication qualifies as a newspaper and does not require a handbill permit and as such, will not need to be a future agenda item. The City Council discussed the current requirements of the handbill and residential solicitation permits and the benefit of the services that reputable companies provide to the community. It was determined that a handbill will be issued as a temporary thirty (30) day permit and if there are no complaints or issues within that time period, the City can issue an annual permit. Dale Coulam will revise the ordinance for the Council to review and consider at the next City Council meeting.
Council Member Elwell indicated there has not been a City Manager evaluation in a long time and that evaluation should be done by the current City Council. Judy Gubler clarified that the last City Manager evaluation was done by the Mayor, as directed by the City Council, and was done in July of this year, at the same time that all of the City employee evaluations were conducted. Council Member Elwell requested that the current City Council Members and the City Council elect be provided copies of policies, procedures and ordinances relating to animal control and volunteers, the City Manager’s employment contract and that the ordinance creating the City Manager position be reviewed. Council Member Elwell reported that he received a call from an individual in Leeds who has indicated she will be donating locally to the Ivins Animal Shelter because Ivins is the only municipality in the area that has a No Kill animal shelter.
Council Member Blair - no report.
Council Member Jolley indicated this time of year presents opportunities to assist families and inquired if the City Council would be willing to help a family in the community. The Council indicated that is a great idea and will provide names of families to Mayor Barney for his consideration. Donations can be made with gifts or cash. The organization Coins for Kids is also a resource and the Toys for Tots box is now in the front lobby of City Hall.
Council Member Hart - no report.
Council Member Rusick - no report.
Mayor Barney reported that he met with a gardening enthusiast, Don McRae. Mr. McRae is interested in starting a community garden on some land in Pond Park. The community garden would provide individuals and families the opportunity to grow their own food. The City Council determined that would be a good idea and directed the City Attorney to draft an agreement and bring it back to the City Council in the future for review.
Mayor Barney apologized to the City Council for the meeting getting out of order tonight. He indicated that in his experience in working with different Mayors and others in the County, without hesitation he would say that the (Ivins) City Manager and Staff are by far some of the best people in the County and he really appreciates all of them. Mayor Barney indicated Judy Gubler does a wonderful job and is a wonderful City Manager. Council Member Elwell apologized for his conduct.
| C. |
City Manager, Judy Gubler |
Judy Gubler reported on the following: the landscaping in the roundabout is being completed; the City Attorney is addressing issues with Barnes Bank not releasing money to the City after lighting improvements were complete; James Young in the Public Works department has resigned; the CDBG grant in the amount of $300,000 for improvements was submitted; the Christmas Party will be on Friday, December 18th at 7:00 p.m. at Tuacahn High School and it is Ivins 75th Anniversary in 2010. Ivins was incorporated on August 6, 1935. Emma Fife provided some history to the City that will be incorporated into the Heritage Days Festival.
| D. |
City Attorney, Dale Coulam |
No report.
| E. |
Items to be placed on future agendas |