All present included Mayor Chris Hart,
Council Member Elwell,
Council Member Jolley,
Council Member McDonald,
Council Member Roberts,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Public Safety Director Bob Flowers,
City Engineer Charles Gillette,
and
Planning and Zoning Administrator Kevin Rudd.
EXCUSED: None.
Audience: Linda Elwell, Jim F., Erik Hart, Angelo Disante, Don Best, Kathy Barth, Don McRae, George and Cherie Stoddard, Lance Anderson, Tom Pruden, Lisa Rutherford, Paul Van Dam, Robert and Phyllis Sears, Toni Schroath, Ivins City Royalty, Dennis Mehr, Kay and Ellen Ence, Ruth and Abbi Roberts, Micklee Hiatt, Lisa Parent and others who did not sign in.
Mayor Chris Hart, Council Member George E. Elwell, Jr., Council Member Steven Roberts and Council Member Cheyne McDonald were administered the Oath of Office and sworn in by City Recorder Kari Jimenez.
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.
There were two (2) Citizen Comment forms submitted. Angelo Disante came forward and spoke regarding the Amber Estates subdivision. He has concerns relating to debris in the subdivision and a fence that recently fell down in a wind storm. He also has concerns with grading and elevation of lots. He requested the City Council review a petition submitted to the City by residents of Amber Estates in the summer of 2009. A copy of the petition and corresponding letters will be given to the City Council by Judy Gubler for their review.
Lisa Rutherford spoke regarding the Today in Dixie publication. Ms. Rutherford is concerned with properties appearing to be vacant due to fliers, papers and the like not being cleaned off of a property. She has made requests to the Today in Dixie publication to stop delivering to her address but to no avail. She requested the City Council reconsider their decision that the Today in Dixie publication is a newspaper and not a handbill for the purpose of ordinance enforcement. The City Council determined this issue will be on the next City Council agenda for discussion.
MOTION: Council Member Roberts moved to suspend the rules and move item 5C to precede item 5A.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Dale Coulam indicated information was previously provided to the City Council and requested of the Council that if they are inclined to allow pigs for 4H and FFA purposes, that they provide guidance and parameters for language that would be included in the ordinance. A Public Hearing would then be held before the Planning Commission and the City Council. The City Council determined they would like to move forward with an exception to the ordinance with language similar to the Washington County Utah ordinance and discussed possible provisions in the ordinance that would address keeping the pens clean and dry, removing manure from the city limits, neighbor notification, the number of pigs allowed, the length of time the pigs would be allowed, enforcement and the specific zones where pigs would be allowed. Dale Coulam indicated he would draft a proposed ordinance for the Planning Commission to discuss and consider at its first meeting in February.
Mayor Hart read from the Ivins Solar City Initiative and the Ivins Solar City Project Proposal documents. The purpose is to transform Ivins City into a solar city and the Mayor would like to know the City Council members' thoughts on this issue. A copy of the documents are available by request through Ivins City Hall. Mayor Hart brought this agenda item forward due to grants being available that require a quick response. The Mayor has met informally with a group of experts in the field and a few of those experts are present tonight. The experts are Colin Harrison, Kim Mitchell, Richard Kemmer (not present) and Paul Bremmer. Council Member Rusick indicated she is interested in this initiative but needs to know specifically what is involved and what it will take for staff and citizens to achieve. Council Member Rusick submitted written questions and comments in response to the Ivins Solar City Initiative and the Ivins Solar City Project Proposal documents. A copy of Council Member Rusick’s written questions and comments are available by request through Ivins City Hall. The Mayor and City Council discussed this agenda item at length. It was determined an informal committee would be formed and move forward. Council Member Rusick suggested that a member of the City Council be on the committee. Mayor Hart agreed and indicated he would also like residents to be involved.
Council Member Rusick inquired about the statement in the expenditure request that the scope of the project "appears to be reduced". Charles Gillette indicated that the agreement was to improve both sides of the street. Improvements on both sides may occur in the future but not in this fiscal year.
MOTION: Council Member Rusick moved to approve an expenditure not to exceed $49,000 for the construction of Contract No. 09-09 200 North 100 West Block Street Improvements
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Dale Coulam referred to a proposed Agricultural Lease Agreement and Registration and Waiver previously provided to the City Council. A copy of these documents are available by request through Ivins City Hall. Council Member Elwell expressed some concerns regarding contamination from animals on the same parcel of property. He inquired if there will be a buffer area between the garden and animals and requested that issue be addressed. Council Member Elwell also inquired as to irrigation water use and installation of the irrigation equipment. Dale Coulam clarified that the Mr. McRae, the Lessee, would be solely responsible for irrigating the Property. The City will provide the irrigation water but is not making any guarantee as to the availability of the irrigation water and Mr. McRae will install the mechanism to water. The Community Garden would be a city program that is managed by Mr. McRae as consideration for Mr. McRae leasing three (3) acres for sweet corn and sorghum. Mayor Hart indicated this garden is a fantastic idea and thanked Mr. McRae for his willingness to assist with this project. The City Council agreed.
MOTION: Council Member Rusick moved to approve the Agricultural Lease between Ivins City and Don McRae as corrected in paragraph six (6) and the Waiver form as presented
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Council Member Elwell - no report.
Council Member McDonald - no report.
Council Member Jolley - no report but offered a "thank you" to Staff for providing the holiday dinner.
Council Member Roberts - no report.
Council Member Rusick reported she attended an emergency meeting for the Southwest Mosquito Abatement and Control District that was held electronically. The meeting was held to move funds. She inquired of Council Member Elwell if he intended to move forward regarding his request for material relating to the City Manager, which material was provided to all members of the governing body. Council Member Elwell indicated the Council would likely have an opportunity to discuss the information provided in the future but that it would be unfair to call for anything immediately until ninety (90) days after seating of the new Council.
Council Member Rusick inquired as to the Work Meeting that was set and then cancelled. Mayor Hart indicated the meeting was a housekeeping item and the items will be discussed during this meeting rather than a work meeting. The Mayor and City Council discussed the following: date and time of the regular City Council meetings; staff reports in written or oral form; order of items on City Council agendas, designation of a Mayor Pro Tem and the various boards that City Council members serve on. The Mayor and City Council agreed on the following: The date and time of the regular City Council meetings will remain the same. Staff reports will continue to be presented orally and when possible, a written report contained in the City Council packets. Public Hearings will be heard first on the agenda after the Welcome and Call to Order. Presentations will be limited to 10 minutes or less, with one presentation per meeting. If the presentation requires more than 10 minutes, it will be scheduled at the end of the agenda. There is no change to the Citizen Comment portion of the agenda. Designation of Mayor Pro Tem will be addressed as an agenda item at the next City Council meeting and Judy Gubler will provide information to the Council regarding various boards on which City Council members serve.
| C. |
City Manager, Judy Gubler |
Judy Gubler indicated Craig Call will be a presenter at the Utah Land Use Law seminar that is being held in St. George on Tuesday, March 16th from 8:30am-4:15pm. Mr. Call is willing to hold a seminar for the Planning Commission and City Council later that evening of March 16th, which is a regularly scheduled Planning Commission meeting night. The seminar would be Long on Vision, Short Agenda". Mr. Call has some great ideas to include the public and structuring of agendas. Judy inquired if the City Council would like to hold a Joint Planning Commission and City Council meeting that night. The City Council agreed. The Joint Planning Commission and City Council meeting will be held on Tuesday, March 16, 2010 at 5:30 p.m. Judy reported that there will be a lengthy budget discussion at the next City Council meeting and mid-year employee reviews will be conducted in January.
| D. |
City Attorney, Dale Coulam |
Dale Coulam referred to the memo he previously provided to the City Council regarding Form of Government, the Open & Public Meetings Act, the Municipal Officers and Employees Ethics Act and Terms and Oath of Elected Officers. A copy of the memo is available by request through Ivins City Hall. Dale reminded the Mayor and City Council to provide the signed and notarized updated Disclosure Statement form to the City Recorder and indicated that it is better to disclose more than less. Council Member Rusick inquired as to when an Economic Development Committee is going to be formed and indicated it has been more then ten (10) years that the City started talking about an Economic Development Committee. Mayor Hart indicated that is an area he would like to focus on and he would be happy to proceed with establishing that committee.
| E. |
Items to be placed on future agendas |