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: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, Public Works Director Dave Glenn, City Engineer Charles Gillette, and Public Safety Deputy Director Pete Kuhlmann.
EXCUSED: None.Audience: Chris Holub, Noel Broadbent, David C. Kifuri, Kent Christensen, Angelo Disante and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute Council Member Elwell led the Flag Salute.
C. Invocation Council Member Elwell gave the Invocation.
D. Disclosures Council Member Elwell referred to item 5)A on the agenda and disclosed that his wife is the President of FIAS (Friends of Ivins Animal Shelter), a non-profit organization dedicated to the care and placement of animals within the Ivins Animal Shelter. Council Member Elwell filed a Disclosure Statement with the City Recorder.
Council Member Roberts referred to item 5)D on the agenda and indicated he owns a business on 200 East.
There were no other conflicts with the Mayor or City Council Members.
A. Department Reports: Building Department, Public Works and Engineering Kevin Rudd provided a report regarding Code Enforcement activities for February and March. A copy of the report is available by request through Ivins City Hall. The City is averaging three (3) building permits per month and the remodeling of one of the restrooms in the Administrative building is nearly complete. Information regarding the burn season and permits is available on the Ivins City website www.ivins.com
Dave Glenn provided a Summary of Operations report for February 2010 and a Water Usage Comparison report. A copy of these reports are available by request through Ivins City Hall. Dave Glenn reported on the Dixie TIP (Transportation Improvement Program) Programming and provided information to the City Council regarding funding for the TIP. A copy of the document is available by request through Ivins City Hall. UDOT (Utah Department of Transportation) will be holding its Annual Visit on Wednesday, March 24, 2010 from 9:00am-11:00am in the Commission Chambers located at 167 E. Tabernacle in St. George. A copy of the agenda is available by request through Ivins City Hall. Dave Glenn introduced Brandon Chugg. Brandon Chugg spoke and requested approval to paint nineteen (19) fire hydrants in the Padre Canyon subdivision for his Eagle Scout project. The Mayor and City Council agreed.
Chuck Gillette submitted an Engineering report and a report for the Old Ivins township improvements Request for Proposals. A copy of the reports are available by request through Ivins City Hall. Chuck Gillette reported it is likely that Cordero Drive and 200 North will be paved in the next two weeks. Mayor Hart referred to the drains that were installed in the Cordero Drive area and inquired if those drains have resolved the groundwater issues. Chuck Gillette indicated there is no guarantee that the groundwater issues are resolved but there is no longer groundwater out on the curb and gutter. The City hopes to have defeated the majority of the problem.
B. Planning Commission Report No report.
| 3) | PUBLIC HEARING AND ACTION ITEMS - NONE |
There were five (5) Citizen Comment forms submitted. Chris Holub of 540 South 200 East came forward and spoke on behalf of himself and neighbor Noel Broadbent. Mr. Holub requested the City Council reconsider their decision and grant access from their homes onto 200 East. Mr. Holub reiterated issues previously addressed at the City Council and at the Appeal level and indicated he has submitted a Variance Application to obtain access. Mayor Hart indicated that the Council may or may not choose to place this request on a future agenda. Dale Coulam indicated that due to this item having been heard previously in full and a decision entered by the Council, it triggers the City Council’s reconsideration procedures. If a member of the Council who had previously voted with the majority on the issue decides they would like to see this on a future agenda, a written request after this meeting would be submitted to Mayor Hart. It would then be discussed at the next meeting on items to be placed on future agendas. There is no discussion at this meeting regarding this issue. If a member of the City Council who voted with the majority brings forward a Motion for Reconsideration, the reconsideration would have to follow the grounds outlined in the reconsideration policy for the Motion to have merit. Mayor Hart indicated if this item is brought forward by a Council Member that is in a position to do so, Mr. Holub will be notified. Kent Christensen, who owns property adjoining 200 East, came forward and requested a Council Member bring the 200 East access issue forward for reconsideration.
David Kifuri of 832 Crystal Drive in St. George came forward and spoke. He requested the Council consider allowing ice cream street vending in Ivins. The company he is with are members of an international vending association. They are insured and background checks are performed on individuals they hire. Council Member Rusick would like to see this on the agenda and address portions of the ordinance that currently prohibit it. The Council Members agreed.
Jon Ence of Ence Homes came forward and spoke regarding the sign ordinance. He requested the Council look at the sign ordinance to assist with new home sales in Ivins and consider allowing flags, larger signage and off premises 2x2 directional signs. Council Member Rusick indicated the ordinance would need to be amended and Dale Coulam stated the process would start with the Planning Commission and then a recommendation given to the City Council. The Mayor and City Council agreed that this issue should be addressed at the next Planning Commission meeting.
A. *Discuss and consider approval of Ordinance No. 2010-07 an Ordinance of Ivins City, Utah, Amending Title 6 of the Ivins City Code Entitled "Animals" *This item may be tabled for a Work Meeting Dale Coulam indicated he was invited to attend a meeting last Friday where issues were discussed and some issues were resolved. He was asked to discuss legal issues regarding the difference between "No Kill" and "No Kill Philosophy" and the make up of a Review Panel that would decide the length of time animals are held and whether or not an animal is vicious. Regarding No Kill, they worked through language that the policy could state that the shelter operates as a No Kill facility and then define what that is. The policy has been that the City does not kill adoptable animals. The policy would then say under some circumstances it may be necessary to kill non-adoptable animals or otherwise for health, safety and welfare reasons. Regarding the Review Panel, in his point of view it is two separate Panels that would consider how long an animal has been held vs. whether or not an animal is vicious and what the mitigating factors are to be considered. As the City moves forward with a partnership with FIAS (Friends of Ivins Animal Shelter) the partnership should be in the form of an agreement. Mayor Hart previously suggested a Work Meeting to discuss the issues. Council Member Elwell indicated Chief Flowers is not available to be present tonight but that Chief Flowers authorized Council Member Elwell to hand out language that is a collaboration of Chief Flowers, Council Member Elwell and FIAS. Council Member Elwell provided three (3) handouts to the City Council, a copy of which are available by request through Ivins City Hall. The Mayor and City Council discussed at length the language Council Member Elwell provided and the role FIAS will play in the relationship between the City and FIAS. Council Member McDonald would prefer to table this issue and discuss it at a Work Meeting.
MOTION: Council Member McDonald moved to table this issue.The Council discussed the matter prior to acting on Council Member McDonald motion. Council Member Jolley had no comment, Council Member Roberts is ready to proceed and Council Member Rusick indicated she would like to see a complete redlined version of the document. Judy Gubler indicated a key component and change from an operational standpoint that she supports is the Memorandum of Understanding that would formalize how the City works with FIAS. The Mayor and City Council agreed they would like this matter continued to the next City Council Meeting and directed Dale Coulam to provide a redlined document and a draft Memorandum of Understanding. Council Member Jolley referred to Council Member McDonald’s Motion. Council Member McDonald withdrew his Motion to Table.
B. Discuss and consider amending the Volunteers General Directive
MOTION: Council Member Elwell moved to table discussion and consider amending the Volunteers General Directive, item 5)B, to the next regularly scheduled 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
C. Discuss and consider approval of Resolution No. 2010-07R a Resolution of Ivins City, Utah, Amending the User Rates for Culinary Water and Wastewater Judy Gubler indicated the City has been reviewing the Enterprise Funds for Water, Wastewater and Storm Drain and the City has determined that the proposed increases for Water and Wastewater do not need to be increased at this time and recommended the rates for 2010 remain the same for 2011. The Storm Drain is the only user rate that will be increased for 2011. Residential rates for Storm Drain will increase by 41 cents.
MOTION: Council Member Rusick moved to approve Resolution No. 2010-07R a Resolution of Ivins City, Utah, Amending the User Rates for Culinary Water and Wastewater
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
Roll call vote. All Council Members voted in favor.
D. Discuss renaming 200 East Judy Gubler indicated that as the City has submitted grant applications for 200 East, it has been suggested that the City consider renaming 200 East because the name does not imply that it is a main road into Ivins. The renaming would require a Public Hearing but it would not require an address change. Mayor Hart suggested Mountain Drive and Council Member Jolley agreed and suggested something with the name "Red Mountain". Judy Gubler indicated that according to the road classification, the road should be named a boulevard, parkway or similar. Council Member McDonald suggested the City list a few names in the newsletter and request names from residents. The Mayor and City Council agreed.
E. Discuss and consider approval of opening 600 East and 800 South at the Ivins City/Santa Clara Municipal Boundary on Saturday, May 1, 2010 to accommodate Ironman traffic needs Judy Gubler indicated the Public Safety Department is recommending a one day exception to accommodate Ironman traffic needs. Mayor Hart indicated that he spoke with Mayor Rosenberg of Santa Clara City and he also requested the road be opened for the one day, which is a Saturday and a non-school day. Mayor Rosenberg also indicated to Mayor Hart that Santa Clara now has funding approved for the sidewalk improvements and anticipates the improvements will be completed before the next school year begins. Council Member Jolley indicated it was wise for the City Council to close that road for safety reasons. He drives that road frequently and often encounters students riding their bikes in the road because it is the easiest place to ride. The possibility for a tragedy on that road would have been greater if the City did not close that road. Council Member Rusick suggested the information be included in the newsletter ahead of time. Dale Coulam suggested Mayor Hart or Judy Gubler write a letter to Santa Clara letting them know Ivins will remove the barriers on Friday April 30, 2010 after school and put them back in place before school begins on the following Monday.
MOTION: Council Member Jolley moved to approve the re-opening of 600 East and 800 South at the Ivins City/Santa Clara Municipal Boundary for the time period of Friday, April 30, 2010 after the close of school through Saturday, May 1, 2010 to accommodate the Ironman traffic needs
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
F. Discuss and consider approval of Resolution No. 2010-08R a Resolution of Ivins City, Utah, Appointing an Individual to the Sensitive Lands Committee Mayor Hart indicated it did not appear that Marc Deshowitz was present but recognized his expertise as a Geologist. Council Member Rusick indicated the resume is very impressive.
MOTION: Council Member McDonald moved to approve Resolution No. 2010-08R a Resolution of Ivins City, Utah, Appointing Marc P. Deshowitz to the Sensitive Lands 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.
G. Discuss and approve Tentative Budget for the Ivins Fitness Festival Mayor Hart provided a proposed budget to the City Council. A copy of the budget is available by request through Ivins City Hall. Council Member Rusick indicated the budget appears to be low. Mayor Hart is confident in the proposed budget and indicated the majority of invoicing would not occur until May of this year.
MOTION: Council Member Rusick moved to approve the proposed Budget for the Ivins Fitness Festival of May 1, 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
A. Approval of Meeting Minutes for March 4, 2010 Judy Gubler referred to a clarification by Council Member Elwell on page seven (7) regarding the age of a volunteer at the shelter and her response regarding youth being drug tested and youth programs. Council Member Elwell indicated that he was referring to a seventy (70) year old and not a seven (7) year old. Council Member McDonald stated he heard "seven (7) year old" as well. Judy Gubler indicated that her response in the minutes refers to a seven (7) year old and does not make sense in relation to a seventy (70) year old but that she is okay with leaving her comment in the minutes.
MOTION: Council Member McDonald moved to approve the Meeting Minutes for March 4, 2010 as amended.
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
| 7) | CONSENT AGENDA ITEMS FOR DISCUSSION |
| 8) | REPORTS |
A. Council Council Member Elwell reported that the vaccination clinic went well and the residents were pleased with the opportunity to vaccinate and license their pets. The Veterinarian was impressed with Ivins facility and is looking forward to working with the City in the future.
Council Member McDonald referred to the Joint Planning Commission and City Council Meeting on Tuesday, March 16, 2010 where Craig Call gave a presentation on Longer Vision/Shorter Agendas and indicated the presentation was great and is something the City should be looking at. He feels that is has come down to the Council micromanaging the City where the City already has staff and people that are hired to perform certain jobs but as a Council they have chosen to address situations. There is no absolute reason for the Council to do that and he is open to the idea of reviewing that and looking at how the City can adjust things based on the instruction and information Craig Call provided.
Council Member Jolley - No report.
Council Member Roberts indicated he reiterates what Council Member McDonald stated regarding delegating authority, especially delegating subdivision authority. He feels that since the City has the ordinances in place that the Planning Commission or an Ad Hoc Committee can address those issues so that the City Council is not duplicating or micromanaging. Regarding the 200 East access issue, he encouraged a Council Member in the position of making a recommendation, to do so and place that item on a future agenda.
Council Member Rusick referred to Craig Call’s presentation and indicated she is amenable to looking at things but she did not get sufficient answers from him to some of the issues he raised. Referring to Public Meetings, Mr. Call indicated there was no reason why people cannot speak up at the public meeting. Dale Coulam indicated that the Mayor or Council could request to hear from someone who may be in the audience that has information the Council would like to hear on an issue. If there is an item on the agenda and there is an audience with one side of the issue and they are allowed to speak, in fairness to the members of the public who did not appear because the meeting was not noticed as a Public Hearing, the meeting should be noticed as a Public Hearing to obtain public comment from both sides. If you open the meeting up for public comment, it is essentially turning the meeting into a Public Hearing when it was not noticed as such. Council Member Rusick reported she attended a meeting with the Southwest Mosquito Abatement and Control District and due to the amount of rain the area has received, it is likely there will be a larger number of mosquitoes and other bugs this year. The District would like any standing water to be reported.
B. Mayor Mayor Hart encouraged the City Council to ask questions ahead of time if possible to help dissipate confusion and to provide time to research the questions. Council Member McDonald requested the rest of the Council be notified that there is a question because that question may be the same one that another Council Member may have. Mayor Hart reported he attended a DTEC meeting that focused on the The Clean Air Act and the EPA’s (Environmental Protection Agency) new required limits of particulate matter in the air. The majority of the particulates in the air in Washington County has migrated from California and Nevada and there are serious consequences if areas do not come into compliance. Council Member Rusick indicated Utah has the fourth dirtiest air in the country due to the inversions. There is going to be a device placed in downtown St. George to monitor the air. Mayor Hart reported that the CEC (Community Education Channel) will feature Kayenta in an upcoming broadcast. They will also feature the animal shelter, Pound Puppy Gala and The Fitness Festival. One of the Biggest Loser participants has a successful band and they will perform at The Fitness Festival.
C. City Manager, Judy Gubler Judy Gubler reported on the following: The 4th neighborhood meeting was well attended; the Community Garden is coming together; the Utah League of Cities and Towns Mid-Year conference is April 7th through the 9th. At the next City Council meeting they will be discussing the budget and Staff will need Council’s direction on road maintenance prioritization. Judy Gubler recalls Council Member Rusick requesting that the City look at the ordinance regarding cut and fill and/or grading and inquired which ordinance specifically. Council Member Rusick indicated the particular concern is the ability for individuals building a home to be able to elevate their property for drainage. Mayor Hart indicated the ordinance that addresses what occurred in Amber Estates is subdivision related and the other relates to grading. The Mayor and City Council agreed those ordinances should be reviewed. Council Member Rusick indicated it would be good for the City Engineer to define the specific items in the ordinance.
D. City Attorney, Dale Coulam No report.
E. Items to be placed on future agendas
| 9) | CLOSED MEETING |
| 10) | ADJOURNMENT |
MOTION: Council Member McDonald moved to adjourn
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
The meeting adjourned at 8:20 p.m.
Respectfully,
Kari D. Jimenez
Ivins City Recorder