All present included Mayor Hart,
Council Member Elwell,
Council Member Jolley,
Council Member McDonald,
Council Member Roberts,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
City Engineer Charles Gillette,
City Manager Judy Gubler,
and
City Attorney Dale Coulam.
EXCUSED: None.
Audience: Charles Vickers, Burma Vickers, Lisa Parent, Vernon Parent, Allyson Parent, Logan Parent, John Hopkins, J. Miller, A. Disante, P. Meyer, Don Best, Boyd Cook, Sheryl Cook, Mauricio S., Grover Fridley, Diane Hansen, Aaron and Charmain Brammer, Ron and Barbara Harrison, Annette Een, Jerry Kilfoyle, Lyndee Lightfoot-Kilfoyle, Michael Een, Joseph Clayton, Will Craig, Robert Brush, Lance Anderson, David Hafen, Neal Smith and others who did not sign in.
Council Member Rusick led the Flag Salute.
Council Member Elwell gave the Invocation.
The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting's agenda.
MOTION: Council Member McDonald moved to permanently move Reports, Presentations and Appointments up in front of the Public Hearings from here on out, which would include the suspension of the rules for tonight.
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 |
Building and Zoning Administrator Kevin Rudd provided a year end report for 2009 to the City Council. A copy of the report is available by request through Ivins City Hall. There were thirty-three (33) single family building permits, three (3) commercial permits and seventy-five (75) remodeling permits issued in 2009. Kevin Rudd is working with Officer Tracy Marrott on Code Enforcement and Kevin Rudd and the Public Works Department will begin remodeling the bathrooms upstairs at City Hall.
Director of Public Works Dave Glenn provided a monthly summary of operations report to the City Council. A copy of the report is available by request through Ivins City Hall. Dave Glenn reported that in the fall of 2009 Ivins City submitted two concept reports to the MPO (Metropolitan Planning Organization) for funding for the reconstruction of 200 East from Center Street to Highway 91 and for construction of the section of Highway 91 between 200 East and the Ivins City/Santa Clara City limits. Santa Clara also applied for funding of a project from the Ivins City limits to the Jacob Hamblin home. The MPO Advisory Committee recommended that the Ivins City and Santa Clara projects be combined and elected to allocate $300,000 in the year 2013 and another $500,000 in the year 2014. When that project starts, there will likely be a joint agreement with Santa Clara. Dave Glenn indicated there have been several questions as to when the City is going to pave Cordero Drive. The groundwater drain has been installed and is working but the City is not able to pave due to the recent rains soaking the road base. Bloomington City paved a portion of the road at their roundabout before the road base was dry and the asphalt failed. When the road base dries out the City will pave Cordero Drive. Dave reported that the Southern Utah Chapter of the American Society of Civil Engineers nominated and elected Chuck Gillette as Engineer of the Year. The Mayor and City Council congratulated Chuck for that honor.
City Engineer Chuck Gillette reported on the Cordero Drive project and indicated the City is waiting for the road base and compaction material to dry out before paving Cordero Drive. Chuck Gillette reported that he invited an expert in Traffic Signage with the Federal Highways to look at the Vista school traffic signs and signs throughout the City. The expert rode with Chuck through the City and indicated the Vista signage is correct and recommended leaving the signage as it is. The expert did point out other areas that the City may want to change. The City may want to look at the 200 East roundabout and conduct some studies to determine whether or not a crossing guard is warranted for the 200 East roundabout.
No report.
Mayor Hart instructed the citizens who want to speak to come forward to the podium and state their name before making their remarks and indicated to the audience that he intends to maintain decorum during the meeting. Mayor Hart opened the Public Hearing.
There were several individuals who spoke in support of, and in opposition to, the amendment to the ordinance that would allow weaner pigs raised by 4-H (Head, Heart, Hands, Health organization) and FFA (Future Farmers of America) participants, in specific zones with restrictions. A copy of the ordinance is available by request through Ivins City Hall.
The following individuals spoke in support of the amendment, stating the 4-H and FFA programs are an asset to the community and create opportunities for kids to grow and learn responsibility, values and a good work ethic. The kids learn the anatomy of animals, nutrition and know where their food comes from. There is an educational purpose to agriculture. The stock market was started with the buying and selling of animals. The farms and farmers were in Ivins before residential development. The Agricultural industry is the largest industry in the nation and the City needs to maintain farm ground for these projects and maintain agricultural areas in the community. The citizens noted that as the ordinance is proposed, it would allow one (1) animal per acre, which would allow five (5) pigs on the land known as Pond Park and that land is zoned agricultural, not residential. The 4-H and FFA instructors indicated they embrace and encourage regulations and are willing to take responsibility for the care of the animals. The pens would be cleaned three (3) times a week with the manure being placed into a pile for a short time and then removed and buried in a mulch pit until the spring when it is ready to be spread for fertilizer. Members of the 4-H and FFA spoke regarding the positive influence their involvement with these programs has been in their lives and thanked Mr. Best for allowing the pigs to be on his land.
Speakers in favor: Vernon Parent - Washington County 4-H & USU Associate Professor; Barbara Robinson - 144 W. 685 S.; Deric Despain - Snow Canyon High School AG teacher; Don Best - 290 S. 100 W.; Kelton Hafen - Ivins; Lynette and Brooklyn Beck - 135 N. Main; Casey Esplin; David Hafen - 265 S. 200 E. and Brennan Scow - 431 S. 320 E.
The following individuals spoke in opposition to the amendment, stating that they support the 4-H and FFA and want to provide opportunities for the kids in those organizations but not on tPond Park. The citizens were under the impression that Pond Park was going to be developed into an actual park and that is what they want. They are concerned that their property values would be negatively affected. The Hafen farm is adjacent to their homes and they feel that placing pigs on Pond Park would be adding another neighborhood liability. The citizens are aware that the pens would be cleaned but are concerned that the waste from the pigs would be placed into a pile and then the pile would smell and would be toxic. They are concerned with the potential noise the pigs would create, run-off from the waste, the potential danger to the elementary children that are attending school next to Pond Park and individuals outside of the Ivins area wanting to place their pigs in Ivins. They indicated that the City has zoned residential all around the agricultural areas and pigs should not be allowed near the residential areas. They suggested the pigs be allowed on land on the outskirts of town, contacting current farmers to assess the pigs being allowed on their land or looking at other areas in the county where the pigs would be allowed.
Speakers in opposition: Ron and Barbara Harrison - 355 E. 200 S.; Boyd and Sheryl Cook - 244 S. 365 E.; Phyllis Meyer - 385 E. 270 S.; John Hopkins - 394 E. 270 S.; Grover Fridley - 387 E. 300 S.; Jerry Kilfoil and Lyndee Lightfoot-Kilfoyle - 380 E. 170 S.; Maurice Sarria - 370 E. 200 S.; Jessie Miller - 241 S. 365 E.; Karen Austraw - 320 E. 170 S.; Burma Vickers - 368 E. 170 S. and Charmain Brammer - 367 E. 200 S.
There being no further comments, Mayor Hart closed the Public Hearing and thanked the audience for their conduct.
Mayor Hart indicated there is a universal respect for the 4-H and FFA and what those programs accomplish for children. The contentious issue is the placement of the pigs on the land known as Pond Park.
Council Member Elwell indicated he has worked hard on Pond Park and that the idea for Pond Park is for it to be an outdoor classroom and when Pond Park was being discussed, the City had an opportunity to purchase land and create a park that is now UNITY Park. For temporary purposes Council Member Elwell is in favor of allowing pigs on Pond Park as identified in the proposed ordinance. He does not promote and is not in favor of a perpetual use of pigs on the Pond Park land and indicated allowing the 4-H and FFA to use the land will assist with limiting weeds on the property. Addressing the citizens’ concerns regarding property values, Council Member Elwell referred to Jeff Winston, a highly respected land planner, wherein his job is to promote cities and indicated that Mr. Winston cautioned Ivins to maximize Ivins agricultural heritage and not minimize it.
Council Member McDonald is in favor of the proposed ordinance and feels the benefits outweigh the costs. Council Member Jolley is satisfied with the proposed ordinance and indicated the 4-H and FFA are valuable programs that teach life long skills. The project is more than just raising pigs; it is raising kids to be responsible citizens. The youth are the future. Council Member Roberts is in favor of the proposed ordinance and indicated he lives across the street from Mr. Best’s property where the pigs are currently located and he does not smell any foul odors. As far as Pond Park is concerned, he believes this is controlled by a lease that can be terminated if conditions are not met. Dale Coulam indicated that is correct and that the lease is an annual lease and is not a long-term lease. Council Member Rusick indicated she was on the Planning Commission when the concept for Pond Park was discussed. It’s regrettable that the City hasn’t been able to build that park but as Council Member Elwell indicated, the opportunity for UNITY Park was something the City could not pass up. Council Member Rusick indicated it is her intention to not have pigs on the Pond Park property and offered a compromise of allowing pigs on Mr. Best’s agricultural property but not on the agricultural property owned by the City. Council Member Rusick referred to citizen comments about the City zoning residential around the agricultural areas and indicated that is not true. If the individuals who owned the property did not re-zone the property, the agricultural land would not be residential land. Mayor Hart indicated he recognizes the serious concerns of the citizens about pigs on Pond Park. Dale Coulam clarified that the current lease with the 4-H is limited to lambs and steers. The proposed ordinance would allow weaner pigs in agricultural zones but Pond Park is unique because it is owned by the City. The City does not have to lease for every possible use that could be allowed. If the proposed ordinance is passed, it would allow the pigs to remain on Mr. Best’s property and the current lease agreement with the 4-H would continue with lambs and steers.
The Mayor and City Council discussed the number of pigs that would be allowed during specific months and a required buffer zone between the pigs and potential crops.
MOTION: moved to
SECOND:
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.
Judy Gubler indicated this item was placed on agenda due to a Citizen Comment made by Will Craig at the previous City Council meeting. Council Member Rusick indicated the agreement is straightforward.
MOTION: Council Member McDonald moved to approve the agreement for road improvements on the south side of 200 North between 100 West and 200 West.
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 |
Judy Gubler indicated this is a housekeeping item and that the Amended Budgets were approved at the last meeting.
MOTION: Council Member Roberts moved to approve Resolution No. 2010-05R a Resolution of Ivins City, Utah, Adopting the Amended Budgets for the Fiscal Year Ending June 30, 2010
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 Member voted in favor.
Dale Coulam referred to Ivins Volunteer Policy and noted that other than particular positions, there is nothing in the policy that would prevent the use of felons for free labor. It would require a criminal background check for sensitive positions and a drug test for all positions. This is a great resource for the department heads and needs to remain the department head's decision especially with the City operating as lean as it is. There is the potential for an individual that would require more supervision and training than normal and that would negatively impact the City. If the department heads have a need, they would contact Colin Harrison and he would make someone available, upon approval of Bob Flowers. Dale Coulam referred to Council Member Elwell’s request for information from Chief Flowers and indicated the Chief was unclear what he specifically needed to address. Council Member Elwell indicated he was referring to the work crew from pergatory that are supervised and have been utilized in Ivins. Council Member Elwell referenced the Volunteer General Directive Compensatory Service Worker definition and indicated he fails to see the use of paroled felons in the body of the document and inquired what the intent was. Dale Coulam indicated the policy was addressed in 2005 and he is not recalling what the intent was. Council Member Elwell indicated when individuals on parole provide work, the department head for whichever department the work is being provided to, should authorize the work. Colin Harrison spoke and indicated the work performed by the parolees is not volunteer service, rather it is a mandatory service ordered by a judge. Dale Coulam clarified that if individuals are not an employee or an independent contractor, they are classified as volunteers.
The Mayor and City Council discussed options to address weeds and dust and expressed their concerns in doing so. Dave Glenn and Chuck Gillette referred to the Federal Government’s Clean Water Act and the City’s requirement to be in compliance with that act. The other issues are erosion and water in the storm drain. They City may be exempt because the population is less than 10,000. The City may want to set this ordinance aside and wait for the State of Utah to make that determination. The Mayor and City Council determined weed control will be status quo and the City will wait to see what the State of Utah determines regarding an exemption.
MOTION: Council Member Jolley moved to table item 5D indefinitely.
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 |
Council Member Rusick suggested the word "Council" be changed to "Committee" and the Mayor and other City Council Members agreed. Mayor Hart provided a list of the Economic Development Committee Members, as well as a few individuals the Mayor was unable to contact and the name of a new suggested member. A copy of the list is available by request through Ivins City Hall. Mayor Hart is recommending Dave Toth to serve as the Chairperson of the Committee and indicated Mr. Toth is an Electrical Engineer and serves on the Board of Directors for four (4) companies. Dave Toth was present and spoke. He has been a full time resident of Ivins for one (1) year but has owned a home in Ivins since 2003. He is amenable to serving as the Chairperson and feels it is an exciting opportunity to help the community. Mayor Hart indicated Mr. Toth is very focused and tenacious and the City will receive an honest and direct assessment from him. Council Member Rusick indicated it would be useful to obtain resumes from the members of the Economic Development Committee. Council Member McDonald indicated that he recommended Lance Anderson as the new member and that Lance is willing to serve. Council Member Rusick stated it would be good to include a business individual from the Kayenta area.
MOTION: Council Member Jolley moved to approve Resolution No. 2010-04R a Resolution of Ivins City, Utah, Appointing Dave Toth as Chairperson for the Economic Development Committee.
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 |
Roll call vote. All Council Members voted in favor.
Council Member Rusick - no report.
Council Member Roberts reported there may be a grocery store coming to Ivins that would be located where Roy’s Market was previously.
Council Member Jolley - no report.
Council Member McDonald reported that he attended the Washington County Solid Waste District (WCSWD) meeting and discussed the binnies and other companies that offered recycling options. There is a monthly fee for some of the other recycling options but there is no fee for the binnies. The WCSWD is working on a disposal program for electronics.
Council Member Elwell indicated he noticed that Melanie Grant’s home on 200 East has one (1) curb cut and inquired if the Council's motion was sufficient to address the concern of vehicles not backing out onto the street. Judy Gubler indicated the curb cut was done by the owner the morning after the February 4th City Council meeting without coordinating with the City. The City has been in contact with Melanie Grant and the second cut has been done. The City made it clear that the circle drive needs to be completed prior to the use of that access and Ms. Grant indicated she intends to do that. Council Member Elwell referred to the report from the National Highway Traffic Safety expert with the assessment of the school zone crossings in front of the Vista school and indicated it appears the assessment was somewhat erroneous. Council Member Elwell referred to the Safe Route to School Study and inquired if the City can require the Vista school, prior to their expansion, to provide the City with information as to where the kids are coming from that are not being transported into Ivins. The information would assist the City with identifying safe routes and encourage parent participation and the education of their children as to where and how they will cross Center Street. Council Member Elwell referred to the safety concern of children walking in the middle of the road on 200 South and inquired if it was time to do another Safe Route to School Study for Red Mountain Elementary. Judy Gubler indicated the Public Safety Department works with Red Mountain Elementary to determine the safe routes to school. Regarding 200 South, the Public Works Department immediately responded and tried to remove the puddles. Dave Glenn is working on Safe Route grants but those grants are completely unfunded and not available this year. Judy Gubler referred to the Vista school regarding the safety issues the City has been trying to resolve and indicated the City is limited on what can be imposed.
Mayor Hart reported on the following: He met with the CEC (Community Education Channel) board and the CEC has an agreement with Baja for programs where they will broadcast upcoming events that are non-specific and non-commercial to the local hotels. An example would be speaking with a representative from Tuacahn or Red Mountain Spa to discuss upcoming events. The CEC is going to start a monthly broadcast of the events and may try to start a morning show that would bring a film crew out to interview an actor from Tuacahn or similar interviews; Mayor Hart attended an exercise relative to the Ironman and indicated the more he learns about the event, the excited more he is about Ivins being a partner in the event; Mayor Hart attended a DTEC (Dixie Transportation Executive Committee) meeting and the majority of the discussion centered around the EPA’s (Enivornmental Protection Agency) public comment period regarding Ozone levels. The Obama Administration would like to drop the acceptable ozone level for the Southern Utah area but due to the proximity of Los Angeles, CA and Las Vegas, Nevada to Southern Utah, it would be impossible for Southern Utah to comply. If an area is found to be in non-compliance, it could halt all road construction for that area; Mayor Hart spent an hour with Congressman Matheson today discussing "Green" building, the storm water ordinance and curb and gutter improvements through the old township. Ivins has submitted five (5) funding requests to Congressman Matheson’s office; the neighborhood meetings are well attended and the Mayor appreciates Judy’s help with those; Mayor Hart requested the City Council Members let him know of anyone who is willing to help with the Fitness Festival Committee. Council Member Rusick referred Mayor Hart to John Reed.
Judy Gubler reported on the following: it appears the reservoirs will be full this year; Ivins has received a proposal from the City of St. George for the SunTran bus service and suggested it be on the next City Council agenda for discussion; the City was denied the CDBG block grant; the City is working to clarify details for the Community Garden and Judy Gubler requested Council Member Roberts let the her know if there is anything the potential grocery store needs needed from the City.
Dale Coulam reported the City will be holding an Employee Health Fair next Thursday on February 25th and the Mayor and City Council Members are invited to attend. The insurance broker is asking the insured employees to go through a health assessment, which may provide a better opportunity for the City to negotiate health insurance rates. Dale Coulam reported that although the City granted access to Melanie’s Grant’s property from 200 East, Ms. Grant and the majority of the appellants’ will continue onto District Court. The City is waiting for confirmation from the District Court that they have filed. Mayor Hart inquired if the City has heard anything further relative to the closure of Barnes Bank. Dale Coulam indicated the City has not heard anything but that the City will need to file a claim with the FDIC, although the prospects overall are not positive. The City may file a concurrent State Court action and a Closed Meeting may be necessary to discuss potential litigation. Council Member Rusick inquired how the City can avoid this situation in the future and Dale Coulam indicated the best solution is for the developer to file a cash bond with the city. If the developer chooses the escrow process, the City is requiring proof of accounts, amounts, statements and similar information.
Council Member Elwell requested the Volunteer Procedure that was discussed on the agenda tonight be placed on a future agenda to discuss and consider amending that procedure.