All present included Mayor Hart,
Council Member Elwell,
Council Member Jolley,
Council Member McDonald,
Council Member Roberts,
and
Council Member Rusick.
STAFF:
City Attorney Dale Coulam,
City Manager Judy Gubler,
Public Works Director Dave Glenn,
Public Safety Director Bob Flowers,
Sergeant Jay Randall,
City Engineer Charles Gillette,
Director of Finance Alan Rae,
Chairman Dennis Mehr,
and
City Recorder Kari D. Jimenez.
EXCUSED: None.
Audience: Jason Bonham, Chris Holub, Noel Broadbent, Virginia Jones, Elizabeth Benson, Todd Benson, Kim Mitchell, Tayson Orr, Jordan Trumble, Mike Spehar, Margie Stout, Dave Conine, Angelo Disante, Dennis Mehr, Lance Anderson, Tim Bryan, Lisa Rutherford, Matt Marten and others who did not sign in.
Council Member McDonald led the Flag Salute.
Council Member McDonald gave the Invocation.
The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
Dave Conine spoke and provided a handout to the City Council. A copy of the handout is available by request through Ivins City Hall. Funding programs offered through the USDA Rural Development of Utah are potentially available for Community Facilities, Rural Housing, Business & Cooperative and Rural Utilities. Council Member Roberts inquired if the USDA works with the Five County Association of Governments and Mr. Conine indicated they did and that he spoke at their meeting on January 20, 2010.
Jason Bonham with the Southern Utah Music Institute (SUMI) provided a handout to the City Council. A copy of the information is available by request through Ivins City Hall. SUMI’s primary areas of focus are education and performance for the beginner to the world class professional. There are several short term and long term goals outlined in the information provided. SUMI is requesting the City donate $1000 to SUMI to help fund student scholarships to attend 2010’s SummerFest program at Tuacahn and for an in-kind donations of 3 hanging signs on the Snow Canyon Parkway. The Mayor and City Council agreed this item will be discussed at the next City Council meeting.
The Building and Zoning Administrator Kevin Rudd was excused. A written report was provided to the Mayor and City Council prior to the meeting and a copy of the report is available by request through Ivins City Hall. Dave Glenn indicated written reports were provided to the Mayor and City Council in their City Council packets and that he had nothing further to add to those reports. A copy of the reports are available by request through Ivins City Hall. Council Member Rusick indicated it was her understanding that there would continue to be oral reports. Judy Gubler indicated the Department Heads were reporting as instructed from what was understood at the previous City Council meeting. How Staff reports were to be given in the future was clarified under item 6) Consent Agenda.
Charles Gillette reported he had nothing further to add to the previously submitted written report. A copy of the report is available by request through Ivins City Hall.
Chairman Dennis Mehr reported that the Planning Commission meeting for January 19, 2010 was cancelled and indicated the Planning Commission is looking forward to a new Commissioner being appointed.
Mayor Hart indicated he would like the City Council members to share in the responsibility of being Mayor Pro Tem and recommended Council Member Rusick serve as Mayor Pro Tem for the year 2010.
MOTION: moved to
SECOND:
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
ABSTAIN |
Mayor Hart referred to two individuals who submitted letters expressing an interest in being on the Planning Commission: Todd Benson and David Wooley. A copy of the letters are available by request through Ivins City Hall. Mr. Wooley was unable to be in attendance tonight but Mayor Hart spoke with him previously. Mr. Wooley is the owner of ACT Communications that provides service and products for customers with multi-line telephone systems, data networks, camera surveillance and alarm systems. Todd Benson is a licensed Architect currently working for Rob E. McQuay Architects and Associates. Mayor Hart indicated that the Planning Commission is an extremely important body for the City. It is the Mayor’s inclination to recommend Todd Benson to fill the Planning Commission vacancy due to Mr. Benson’s planning background. Council Member Elwell indicated he sustains Mayor Hart’s selection and stated it will be an enhancement for the City. Council Member McDonald agrees that both are well qualified but thinks that Mr. Wooley would bring a different perspective to the City and is in favor of Mr. Wooley but is supportive of Mr. Benson. Council Member Jolley indicated he does not know either candidate but supports the Mayor’s nomination. Council Member Roberts also indicated he does not know either candidate but is looking forward to getting to know Mr. Benson.
MOTION: Council Member Rusick moved to approve Resolution No. 2010-02R, Appointing Todd Benson to fill Cheyne McDonald's seat on the Planning Commission, with the remaining term expiring April 1, 2011.
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 |
Roll call vote. All Council Members voted in favor.
Sergeant Jay Randall came forward and spoke. The Ironman Triathlon will be held in Washington County on Saturday, May 1, 2010 and will bring approximately 10,000 people into the County for a period of several days. The cycling portion of the competition will go through Ivins and UNITY Park twice. The City has the opportunity to hold its first annual Fitness Festival that is centered around the Ironman event. The Fitness Festival would be a fitness oriented event held from approximately 9:00am-2:00pm with the City inviting local spas and other organizations to participate. Mayor Hart introduced Scott Raine and referred to his resume, a copy of which is available by request through Ivins City Hall. The Mayor and City Council agreed that The Fitness Festival is a great idea and that Mr. Raine is an excellent choice to Chair that committee.
MOTION: Council Member Jolley moved to approve the creation of a Fitness Festival Committee for Ivins City and appoint Scott Raine as Chairman of that committee.
SECOND: Council Member McDonald
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 |
Terry Marten indicated an introductory sign has been constructed at the entry of the City on Snow Canyon Parkway. Mayor Hart and the City Council discussed the sign appearing to be too high, the number of panels on a sign, pedestrians passing by the signs, vegetation impairing the signs if the signs are too low and participation from the City. Terry Marten indicated three signs were constructed and that two (2) of the signs have ten foot (10’) legs and one (1) sign, which is the sign that is at the entrance of the City, has thirteen foot (13’) legs. Judy Gubler indicated the City has provided the labor to erect the signs. It was the direction of the Mayor and City Council to keep the current sign that is in place at the entrance of the City and to place a shorter sign in the City, to determine which sign is better for the public and then to discuss this further at the next City Council meeting.
Dale Coulam indicated the City received the final decision on the appeal relating to the access issue. As a courtesy to the Appellants, the City Council gave instruction to Staff that as soon as the decision was received, the matter would go to the TRC (Technical Review Committee) for comments on the cross-section that allows on-street parking on 200 East and the possibility of a shorter wall for properties on 200 East. The Council further instructed that the matter concerning access into 200 East for Melanie Grant’s property would come back for discussion. Dale Coulam indicated that Ms. Grant lives out of town, is unable to attend the meeting tonight and requested the discussion regarding access from her property onto 200 East be postponed to the next City Council meeting. Dale Coulam clarified that the City Council cannot extend the time for the Appellants to appeal the Administrative Law Judge’s (ALJ) decision.
The Mayor and City Council decided to proceed with discussing the cross-sections that would allow on-street parking on 200 East and the height of the wall for properties on 200 East. Council Member Elwell stated his position that it was important to have on-street parking on 200 East. The Mayor and City Council agreed that on-street parking on 200 East should be allowed and that cross-section six (6) should be used on that street. Regarding the wall issue, the City Council agreed that option three in the TRC report is the preferred option for the block wall for the four properties facing 200 East. Council Member Rusick inquired if the City needs to determine what type of wall is recommended and Judy Gubler indicated the City would review that at the time funds are available and the wall is ready to be constructed.
MOTION: Council Member Elwell moved to approve cross-section six (6), allowing for on-street parking on 200 East and recommend the third option by the TRC regarding the wall.
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 |
The Mayor and City Council referred to the access issue for Ms. Grant’s property and the option to table that portion of the agenda to the next City Council meeting. Council Member Rusick inquired of the City Attorney if addressing the access issue would defeat the ruling from the Administrative Law Judge (ALJ). Dale Coulam stated the ruling of the ALJ supported the City Council’s original decision, namely that the decision was supported by substantial evidence. That substantial evidence is the Transportation Master Plan and the studies that went into that plan. The City Council would now be addressing one property that was singled out to reconsider access onto 200 East. It would have been improper for the City Council to address the access request while the appeal was pending. The decision has been reached and there could be a further appeal of the decision but Staff is following the instructions of the Council to place it on an agenda. The Council can discuss it and stand by their original decision that is supported by the Transportation Master Plan and those studies. To deviate from the decision, the Council would have to find substantial evidence to say otherwise. The Council would have to come forward with specific findings of fact, based on substantial evidence, as to why that property should be singled out from the others and why it deviates from the Transportation Master Plan. That is what would be up for discussion and would be a reconsideration of the City Council’s earlier decision regarding the one property. Council Member Rusick inquired if the ordinance regarding reconsideration would govern the reconsideration. Dale Coulam indicated that it would, except the resolution was passed after the City Council said it wanted the issue of access for Melanie Grant's property brought back for reconsideration once the ALJ had entered a final decision. Mayor Hart indicated he would want to follow what the minutes indicate.
The Mayor and City Council agreed to table the portion of the agenda item relating to access by Ms. Grant’s property onto 200 East, to the next City Council meeting.
MOTION: Council Member Elwell moved to table the access issue for 431 S. 175 E. on item 5E to the next regularly scheduled Council meeting.
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 |
Judy Gubler indicated she spoke with Tami Cox, the Today in Dixie Editor. Ms. Cox indicated they have had complaints regarding their circulation and that they are working to address the concerns and may be changing their form of delivery.
The Mayor and City Council discussed potential changes and additions to the Ordinance and determined it would read, in part, as follows: "...without cost to the public, unless the publication consists of news and/or local interest stories rather than advertisements and members of the public to whom the publication is delivered have the ability to stop delivery of the publication to their property if desired."
MOTION: Council Member Jolley moved to approve Ordinance No. 2010-01 an Ordinance of Ivins City, Utah, Amending the Definition of "Newspaper" under section 7.05.102 of the Ivins City Code as presented, striking out the word "primarily".
SECOND: Council Member Rusick
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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam indicated this Resolution is a formality required by the statutes following a municipal election.
MOTION: Council Member McDonald moved to approve Resolution No. 2010-01R a Resolution of Ivins City, Utah, Appointing City Recorder and City Treasurer.
SECOND: Council Member Roberts
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 |
Roll call vote. All Council Members voted in favor.
Mayor Hart indicated his intent to formally create a committee or council to assess the possibility for Ivins to attract commercial development and would consist of various phases, including promotional and marketing phases. It would consist of a seven (7) member committee. Four (4) members would be business individuals who have contacts for particular areas of the City that the City wants to bring business to, two (2) members would be residents at large and one (1) member would be a liaison that would either be the Mayor or a member of the City Council. Council Member Roberts recommend that the committee members be able to make recommendations to the City Council that would incentivize businesses to relocate to Ivins. Judy Gubler suggested that City may want to include existing businesses when expanding and incentivizing businesses. Mayor Hart agreed and indicated the creation of this Economic Development Council begins with the City Council determining that they want to establish this Council. Council Member Rusick suggested going forward with the committee and then consider sub-committees.
MOTION: Council Member Jolley moved to proceed with the formation of an Economic Development Council this evening, with the ability to expand that council in the future if it is determined that the need is there and to come to the next Council meeting with possible names to sit on that council.
SECOND: Council Member Rusick
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 |
| 9. |
Economic Development Agency |
| 10.Mu |
nicipal Building Authority |
Judy Gubler provided budget information to the City Council. A copy is available by request through Ivins City Hall. The items in red indicate a change in the budget. If the budget is going to be amended, a Public Hearing would be held on February 4 or February 18, 2010. Once the Public Hearing is held, the amended budget would then be adopted.
MOTION: Council Member Jolley moved to schedule a Public Hearing for the next scheduled Council meeting regarding the Ivins City budget as presented.
SECOND: Council Member McDonald
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 |
Judy Gubler referred to a PowerPoint slide relating to the Public Safety Department and what this grant would allow the Ivins Public Safety Department to achieve. A copy of the slide is available by request through Ivins City Hall. The grant would cover all associated costs for two (2) years for a Public Safety Officer, with the hope that after two (2) years, the City can support that officer. The City is not obligated to support that officer but that is the intent of the grant. The Mayor and City Council agreed that they would like to accept this grant.
MOTION: Council Member Rusick moved to approve acceptance of the Justice Assistance Grant (JAG) for Public Safety Officer.
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 Rusick requested items A and C be removed from the Consent Agenda.
| B. |
Approval to Surplus Obsolete Fire Fighting Protective Gear |
MOTION: Council Member Jolley moved to approve Consent Agenda item B
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 |
| A. |
Approval of Job Description for EMT- Basic |
Council Member Rusick inquired if the City has an existing job description for EMT. Dale Coulam indicated the City has one for EMT-Intermediate and that this is a new job description. Individuals are currently being trained at all levels and there is an opportunity to use volunteer EMT-Basics and train them as they work towards achieving the EMT-Intermediate status.
MOTION: Council Member Rusick moved to approve the Job Description for EMT-Basic
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 |
| C. |
Approval of Meeting Minutes for January 7, 2010 |
Council Member Rusick referred to page five (5) where it indicates "staff reports will be in written form, contained in the City Council packets and the Staff members that are giving the reports will be in attendance at the City Council meeting." and indicated that is not her understanding of the decision that the City Council made. She thought the decision was to continue having the Staff members make the report and thinks the Council should proceed as before. Council Member Roberts and Council Member Elwell agreed. The Mayor and City Council discussed what the understanding was and how the minutes should read to reflect the understanding. Council Member Roberts suggested the minutes be clarified and approved and then the City Council have a discussion on how Staff reports would be presented in the future. Council Member Rusick also inquired as to the statement "presentations will be limited to 10 minutes or less, with one presentation per meeting" and indicated on the January 21, 2010 meeting agenda there were two presentations scheduled. Mayor Hart indicated there was an opportunity that came up and he wanted to take advantage of the presenter being in the area. Judy Gubler clarified the second presentation came up after the agenda was set and the first presentation was already scheduled on the agenda.
MOTION: Council Member Rusick moved to approve the City Council Minutes of January 7, 2010, incorporating her grammatical changes and amending the sentence on page five (5) regarding staff reports to read "Staff reports will continue to be presented orally and when possible, a written report contained in the City Council packets."
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 |
The Mayor and City Council discussed how Staff reports should be presented going forward. Council Member Roberts prefers to receive the written reports in the City Council packets as well as receiving a verbal report if there are any changes, additions or questions with the report. Council Member McDonald prefers the written reports in the Council packets with a verbal report the way the Department Heads presented at the meeting tonight. Council Member Rusick indicated Staff reports are an integral part of the City Council meeting and should be presented verbally so they are on the audio recording for citizens to listen to. It was the consensus of the City Council that Staff reports will not be contained in the City Council packets unless Staff would like the City Council to better understand the issue in advance. Staff reports will be provided to the City Council status quo.
Council Member Elwell referred to the budget regarding Heritage Days and Animal Sanctuary donations. Judy Gubler indicated the Animal Sanctuary account is where the city places revenue received from recycling and any other donations. The revenue for the recycling was roughly $1600.00 along with other donations, for a total of $1842.00. The change includes the revenue from the recycling bins. Council Member Elwell referred to a fund that was set up for individuals to donate to the City and Judy Gubler indicated the Animal Sanctuary Account Number under Miscellaneous Revenue is the line item for those donations. Council Member Elwell inquired if the City was taking anything that individuals donated out of the amount budgeted for the Animal Shelter and Judy Gubler stated that the donated funds are added to the amount that was included in the adopted budget and will allow for additional expenditures for the Animal Shelter. Judy referred to Heritage Days and explained that the City had budgeted $1500.00. The City had anticipated an art festival associated with Heritage Days but that did not occur and the City did not collect any revenue. Judy Gubler referred to account no. 10-54-610 Miscellaneous Expenditures and indicated the $1842.00 in additional revenue was added to the original budget of $3800.00. Council Member Rusick referred to Council Member Elwell and indicated that Council Member Elwell originally thought money was coming out of the adopted Public Safety budget but he now knows that it went into the Public Safety budget from recycle so that’s ok. Council Member Elwell stated "exactly". Dale Coulam indicated that part of the confusion is that the budget is in place and when revenue comes in it is recognized as revenue but the budget isn’t changed. The City cannot change what has been adopted without a Public Hearing. This is the time of year those kind of changes are made and a Public Hearing is held. The budget is now reflecting on the revenue side that the City received donations, including the monies from the recycling bins as revenue, and then that money was added to the budget for Public Safety. Dale Coulam clarified that Council Member Elwell’s concern was that it looked like it was just coming out of the Public Safety budget because he didn’t see the revenue go into the Public Safety budget. That is because the City cannot change the budget unless the budget is re-opened. Once the budget is re-opened, the additional revenue is recognized and the revenue is then added to the budget of Public Safety.
Council Member Rusick suggested creating a separate line item for the animal shelter instead of including it in miscellaneous. Judy Gubler indicated that is a good suggestion and invited the Mayor and the City Council Members if they have any questions regarding the budget to let her know. Mayor Hart indicated Judy is open to anyone making contact between now and the next City Council meeting to call or meet with her to answer any questions about the budget. Dale Coulam clarified that the action taken on the budget tonight was to approve something going forward to a Public Hearing and it does not preclude the City Council from making changes to the budget. Council Member Elwell inquired how the City can track from the animal shelter, drop off and adoption fees and inquired if the City can show those to make comparisons to cost. He would like to ensure the City is collecting the fees appropriately. Judy Gubler indicated it is in the budget and referred to account no. 10-35-200. Dale Coulam suggested that if there are specific items of interest or concern to ask Department Heads to include that in their reports. Council Member Rusick indicated that the previous Chief of Police provided a report specifically for the animal shelter and suggested that information be provided once every six (6) months. Judy Gubler indicated that has been a focus for the Public Safety Department.
Council Member Elwell reported that the DAWHAC (Dixie Area Workforce Housing Advisory Committee) Ombudsman reported the target number on costs of homes has more than been reached but there are more restrictions on lending and buyer power has been reduced. Council Member Elwell provided an update from FIAS (Friends of Ivins Animal Shelter). A copy is available by request through Ivins City Hall. The Old Navy store is holding a fund raiser January 21st to January 24th. There have been approximately five (5) animals adopted and sent to New York and New Jersey as a result of the Pound Puppy hike.
Council Member McDonald - No report.
Council Member Jolley - No report.
Council Member Rusick - No report.
Mayor Hart referred to a vacancy on the solid waste board and meetings with the CEC (Community Educational Channel). Council Member McDonald indicated he would attend the solid waste board meetings and Council Member Roberts indicated he would attend the CEC meetings if it works with his schedule. Mayor Hart reported that he attended a DTEC (Dixie Transportation Executive Committee) meeting.
Judy Gubler indicated that Form Tomorrow will be providing a presentation to the Planning Commission on Tuesday, February 16, 2010 and inquired if the City Council would like to hold a joint meeting on that date. The City Council indicated they would. There will be a joint Planning Commission and City Council meeting on February 16, 2010 as well as a joint Planning Commission and City Council meeting on March 16, 2010.
Judy reported on the following: the CDBG grant on 400 South in the Indian Shadows subdivision looks positive; information relating to the 2010 Census will be included in the newsletter; the energy grant request was sent for replacement of some fixtures and for a solar system on the maintenance building; Kim Mitchell conducted an energy audit and provided that information to Judy today.
| D. |
City Attorney, Dale Coulam - No report. |
| E. |
Items to be placed on future agendas |