All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Jolley,
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
Chairman Mehr.
EXCUSED: None.
Audience: Don Gordon, Angelo Disante, Garry Owens, Bruce Northcott, Jim Ponqette, Tom and Michele Pruden, Tracy Ence, Lance Anderson, Deanne Hanson and others who did not sign in.
| A. |
Acknowledgement of Quorum |
Council Member Rusick led the Flag Salute.
Mayor Hart gave the Invocation.
Mayor Hart declared a conflict of interest with item 3)F due to that item being development related. The Mayor and City Council members had no other conflicts or disclosures.
Don Gordon with the Red Rock Center for Independence (RRCI) made a presentation to the Council regarding accessibility for disabled persons and provided handouts to the City Council regarding the same, copies of which are available by request through Ivins City Hall. Mayor Hart indicated Ivins Building Department is very effective in enforcing ADA compliance. Council Member Jolley referred to public transportation and inquired if there are funds available to have public transportation in Ivins. Mr. Owens stated Kurt Hutchings is working with Ivins to establish funding but the funding requires a match.
Kevin Rudd provided a Code Enforcement report for the months of February and March. A copy is available by request through Ivins City Hall. Sergeant Tracy Marrott is the acting Code Enforcement Officer and Kevin Rudd is assisting Sergeant Marrott. Kevin reported that the City is averaging three (3) building permits a month. Color Country Housing has pulled the first two (2) permits and they are expecting to pull another six (6). There is also a possibility that they may be purchasing additional land. The Ivins Vista building addition is proceeding and Kevin is assisting with the inspections for that project. Council Member Elwell indicated he is receiving a lot of inquiries regarding the status of the issues with access and inquired if that has been resolved and if so, how. Kevin Rudd indicated there is going to be additional parking provided on the west side of the project, there will be a drop off loop around the building and there will be a paved path for the children to walk after being dropped off on Park Avenue. The City has reviewed the plans and feel the concerns have been addressed. Council Member Elwell requested that an 8 1/2x11 drawing of Vista’s traffic plan be provided to the Council Members to assist with answering questions. Council Member Roberts suggested placing the information in the newsletter.
Dave Glenn reported this week is National Public Works Week. He referred to a Summary of Operations report previously provided to the City Council, a copy of which is available by request through Ivins City Hall. His department had been concentrating on the Ironman and the Fitness Festival preparations, clearing weeds, skin patching in preparation for slurry seal, spraying weeds in the right-of-ways and preparing to crack seal some of the roads. The Public Works Department is certified to inspect the City fleet for all vehicles that are 10,000 GVW (Gross Vehicle Weight) or less, which will save the City money by inspecting the vehicles in-house. Dave Glenn recognized Cody Mitchell and indicated Cody passed the Utah State Water Distribution Grade 4 exam which is the highest exam in the water area that can be obtained.
Charles Gillette referred to an Engineering report previously provided to the City Council, a copy of which is available by request through Ivins City Hall. Engineering is proceeding for the Old Township area. Chuck is working on the AWPA (American Public Works Association) standard specifications and the department is updating the GIS system.
Chairman Mehr reported that the Planning Commission went on a field trip to the Sun Crest West and Red Mountain Estates subdivisions to look at grading and lot elevations. Form Tomorrow will be providing a report to the Planning Commission members for their review at the next meeting. Council Member McDonald referenced the Planning Commission meeting with commercial property and local businesses owners regarding zoning and inquired if that was still the intent. Chairman Mehr indicated the Planning Commission intends to meet with those owners after receipt of the information from Form Tomorrow. Mayor Hart thanked the Planning Commission for their deliberations on issues.
Dale Coulam stated the amendment would bring the City in line with recent statutory amendments. Staff and the Planning Commission have reviewed this and recommend approval of the change. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Council Member Rusick referred to the Utah Code referencing joining two or more of the petitioner fee owner’s contiguous lots and indicated she received an email from Paul Van Dam and Lisa Rutherford inquiring what other changes might occur if this ordinance is passed. Dale Coulam indicated amending a plat is limited to the provisions allowed by the statutory amendment and is not open authority to amend. The most common situation in Ivins is that of a person owning two adjoining lots and wanting to build one home on the two lots without clouding the title to the property. Any request for amendment in Ivins would go through the Planning Commission for review and approval.
MOTION: Council Member Roberts moved to approve Ordinance No. 2010-08, an Ordinance of Ivins City, Utah Updating Procedures for Amending a Recorded Subdivision Plat
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Dale Coulam indicated the Council previously discussed this issue that was going to result in amendments to two documents, one being the Design Specifications and the other being the Subdivision Ordinance. The ordinance as it is drafted would require a serpentined sidewalk to be on streets with a sixty-six foot (66’) right-of-way rather than a sixty foot (60’) right of way. Mayor Hart opened the Public Hearing. Lance Anderson of 384 W. Brittlebush Way spoke and requested the Council allow meandering sidewalks and not pass the ordinance as it is written. Tracy Ence with Ence Homes spoke and indicated he does not like meandering sidewalks on small streets and requested the Council adopt the ordinance as it is written. Kai Reed of 1388 West Lake Drive spoke and stated meandering sidewalks are fine for people walking but they are not for bikers and bike paths should not be serpentined. There being no further comment, Mayor Hart closed the Public Hearing.
The Mayor and City Council indicated they would like to see the Design Standards from the Planning Commission before approving this ordinance. The Council suggested that meandering sidewalks be an option rather than a requirement on the wider roads, removing the word "serpentine" and referring to "meandering" instead, looking at ADA (Americans with Disabilities Act) and excluding the words "bike path".
MOTION: Council Member McDonald moved to table Ordinance No. 2010-10, an Ordinance of Ivins City, Utah Regarding Sidewalk Design until such time as the City Council has the Design Standards
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Mayor Hart indicated he has received several written comments regarding this agenda item. Copies of the written comments are available by request through Ivins City Hall. The following submitted written comments in opposition to this ordinance: Judi and Jim Southworth, Homer Kearns, William Monroe, Mike and Sherry Scheidle, Lisa Rutherford, Steven and Kathy Blythe and Mr. and Mrs. Jeffrey Scheidle. Mayor Hart opened the Public Hearing. The following spoke in opposition to this ordinance, indicating the signage is not conducive to the General Plan, would mar the landscape and may set a precedence: Kai Reed of 1388 West Lake Drive. Mrs. Reed also disclosed that her spouse is Planning Commissioner John Reed, Bruce Northcott of 1363 N. Big Soldier Ct. and Jim Pouquette of 1348 N. Big Solider Ct. Troy Ence of Ence Homes spoke in support of this ordinance and indicated he understood that the Planning Commission recommended allowing a larger sign and he requested that the sign be raised to a maximum height of twelve feet (12’). He also stated that the Planning Commission recommended approval of flags as long as the flags were kept in good shape and replaced if they were not. Mr. Ence stated that forty-eight percent (48%) of individuals find their home from signage and requested the Council approve a temporary option. Mr. Ence also requested that he be allowed to place off-site directional signs and the use of a five foot (5’) helium balloon on the weekends that would be taken down at night. There being no further comments, Mayor Hart closed the Public Hearing.
Council Member Elwell referred to the economic situation and indicated if Ivins is not flexible as times change then the City would be doing a disservice to the residents. He is not interested in a permanent change but a temporary change for a stated duration may be appropriate although he is undecided. Council Member Roberts referred to the General Plan which encourages growth and indicated this ordinance should be allowed on a temporary basis. Council Member Rusick stated she attended both Planning Commission meetings when this issue was discussed and after the first meeting she agreed with the Planning Commission but when the City Council discussed the issue, she thought a temporary request was valid. She indicated the Planning Commission had compelling rationale as to why the City should not allow this ordinance and she opposes it. Council Member Jolley spoke with various families regarding how those families found their homes or lot to build a home on and it was through on-line research and contacting a realtor. He is sympathetic to the economic situation but does not think additional signage is going to make a difference. Council Member McDonald understands and appreciates what the developer is trying to do and the Planning Commission for their input. He is in favor of a temporary change and hopes the change will generate income for the City. Council Member Elwell indicated that often when government makes a temporary change, it generally becomes permanent and he is opposed to the ordinance.
MOTION: Council Member Rusick moved not to amend the current sign ordinance in Ivins and that the City not pass Ordinance No. 2010-11
SECOND: Council Member Jolley
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member McDonald |
NAY |
| Council Member Roberts |
NAY |
Roll call vote. Three Council Members voted in favor of not amending the current sign ordinance and not passing Ordinance No. 2010-11 and two Council Members voted against. The current sign ordinance was not amended and Ordinance No. 2010-11 did not pass.
There was one (1) Citizen Comment submitted by Lance Anderson. Lance Anderson provided a map containing road and traffic information to the City Council. A copy is available by request through Ivins City Hall. He requested the City Council review the Transportation Master Plan, specifically pavement required for cross-sections and requested this be an agenda item. Council Member Rusick indicated the Transportation Master Plan was agreed upon as a document to serve well out in the future. She is not in favor of re-opening the Transportation Master Plan due to the time and expense. Mayor Hart stated when the City reviews the meandering sidewalks issue, the City should also be reviewing the cross-sections. The current Transportation Master Plan was completed only a few years ago and the City currently is not in a position to conduct another Transportation Master Plan study.
Dale Coulam indicated this ordinance incorporates the changes discussed at the last City Council meeting. There is one requested change on pg. 13 regarding a registered caterer not allowing anyone other than a registered caterer in the vehicle. One vendor requested an exception to be allowed to have their own minor child in the vehicle to assist. The Mayor and City Council determined a minor child of the registered caterer would be allowed in the vehicle as long as the caterer is not in violation of the child labor laws. Council Member Rusick referred to page 8 and inquired as to the bankruptcy reference and Mayor Hart referred to page 6 in the last sentence and indicated the word "is" should be included to read "is allowed". Dale Coulam referred to the reference to bankruptcy and stated the intent is to consider civil judgments for fraud but not necessarily for bankruptcies and agreed with including the word "is" on page 6. The Mayor and City Council agreed that the reference to bankruptcies will be removed on page 8 and the word "is" will be included on page 6.
MOTION: Council Member Jolley moved to approve Ordinance No. 2010-09, an Ordinance of Ivins City, Utah Regarding Mobile Catering Businesses with the minor changes that have been made
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Judy Gubler stated the proposals are at the request of the Public Safety Department.
MOTION: Council Member McDonald moved to approve Resolution No. 2010-12R, a Resolution of Ivins City, Utah Amending and Replacing the Consolidated Fee Schedule
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
| 9. |
Economic Development Agency Fund |
| 10.Mu |
nicipal Building Authority |
Judy Gubler referred to a PowerPoint presentation and a Tentative Budget document. A copy of these are available by request through Ivins City Hall. There are some expenditures and revenues that need to be adjusted after receipt of additional information. Council Member Elwell inquired as to the uniform expense, recruiting expense and who is included in the salaries in the Legal/HR Department. Dale Coulam indicated the uniform expense is for shirts that say "Ivins City" on them and over the past few years that expense has been nominal. Regarding the recruiting expense, that includes advertising, pre-employment drug testing and criminal background checks for all departments. Included in the salaries for Legal/HR are the City Attorney, Human Resource Generalist, Administrative Law Judge and the City Prosecutor. Council Member Roberts inquired as to the travel expense in the Administrative and Legal/HR departments, the storage unit expense in the Parks and Recreation department, how many full and part-time employees are included in the salaries expense for the Public Works department and the expense for the Sand Hollow Aquatic Center. Dale Coulam referred to the travel expense and indicated a portion has been for GFOA (Government Finance Officers Association) and for PHR (Professional in Human Resources) certification. Those exams are not offered in the St. George area so travel is required. The goal has been to increase staff’s professional competency, particularly in the area of financial services. Previously the simplest version of the annual financial statements were prepared by the auditor. This year Ivins City is preparing comprehensive annual financial statements for the auditors and submitting those to GFOA for an award. Ivins will be the only city south of Provo that will have received that award for the financial statements. For the last two (2) years on the audit, one of the negative comments was that Ivins City was below standards on accounting expertise. The City has worked hard to reverse that. The goal is to make Ivins’ financial reports available and transparent to the public. Regarding the storage unit expense, Judy Gubler indicated she would look into that. Judy Gubler referred to the salaries in Public Works and the expense for the Sand Hollow Aquatic Center. There are nine (9) full-time employees that are included in Public Works and the City pays a percentage of the next costs for the pool based on the percentage of use by Ivins residents. Mayor Hart inquired what was included in the Community and Economic Development line items. Judy Gubler indicated anything in the building and zoning department including salaries for the Building and Zoning Administrator and the Deputy City Recorder, the Washington County Economic Development Council and the Economic Development Committee is included in the Community and Economic Development line items. Mayor Hart stated Ivins is seeking a grant through the USDA (United States Department of Agriculture) for an Economic Development study to be conducted professionally on Ivins. Mayor Hart referred to information received from Linda Elwell who is the Chair of Heritage Days. The cross-over in terms of planning and some of the expenditures prompts the need to add to this year’s budget so the City has resources to begin the planning for next year. The request is for an additional $800-$1000 to the budget. Judy Gubler indicated that as a reminder, the budget for Heritage Days should be submitted for approval to the Council.
MOTION: Council Member Rusick moved to approve the Tentative Budgets for Fiscal Year Ending 06/30/2011 and Estimate to Complete Budgets for the Fiscal Year Ending 06/30/2010
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Mayor Hart indicated he has spoken with Scott Raine and Mr. Raine is willing to accept this appointment.
MOTION: Council Member Rusick moved to approve Resolution No. 2010-13R, a Resolution of Ivins City, Utah Appointing a Committee Chair to the Fitness Festival Committee, that Chair being D. Scott Raine
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call. All Council Members voted in favor.
Mayor Hart indicated a meeting is scheduled with residents on Thursday, June 10 at 7:00 p.m. at Red Mountain Elementary. The City will be discussing the assessment, financing options on the bond and the progress on other matters. The CEC (Community Education Channel) will be in attendance and the City may be able to place the recording on Ivins website.
Council Member Jolley indicated he had no report but that a resident living in Ivins and working in the St. George area has seen a City vehicle on a regular basis traveling from the St. George area towards Ivins in the mornings and assumes that individual is driving a City vehicle to and from work. The resident is concerned with who is paying for the gas and wear and tear on the vehicle. Judy Gubler indicated employees that are on-call drive a vehicle home so they can immediately respond but she will follow-up to ensure that is the case.
Council Member McDonald reported that he toured the solid waste facility and will report on that at the next City Council meeting.
Council Member Elwell referred to Sergeant Marrott working as the Code Enforcement Officer and inquired what part of the budget that portion of his salary is allocated to. Judy Gubler indicated Public Safety officers are currently allocated under Law Enforcement. Sergeant Marrott also works with the Animal Shelter and that is one of the adjustments that need to be made. Council Member Elwell referred to Kasey and Kristen Cottam and indicated they are experiencing difficulties due to extreme health related problems and suggested a fundraiser be established. Council Member Jolley also suggested giving them recognition to thank them for their service with the Ivins Soccer League.
Council Member Roberts reported he will be out of town and not be in attendance at the City Council meeting on June 3, 2010.
Council Member Rusick referred to the budget process and indicated Council Member Roberts had previously suggested that the priority of projects for street repair should continue in the order that has been set up and inquired if that is how the City decided to proceed. Judy Gubler stated currently there is a block of money in the budget and it will need to come to the Council for prioritization. Council Member Rusick indicated she received an invitation to the Best Friends Animal Society No More Homeless Pets National Conference and suggested someone with the Animal Shelter attend. The conference will be held in Las Vegas in October and FIAS (Friends of Ivins Animal Shelter) will pay the registration fee. Council Member Rusick was looking at the Ivins website and found the statement of the duties of the Mayor and City Council and has worked off of what was on the website as of December, 2009 and inquired if the duties that appeared on the website in December, 2009. She inquired if the duties are still the same. Judy Gubler and/or Dale Coulam will look at that and let the Mayor and City Council know.
CME inquired who is on the bug board? CMRusick is West Nile nothing new. Next meeting is June 10 but not able to attend.
Judy Gubler reported the City met with the Utah Energy Council regarding a grant the City applied for. An assessment of Ivins buildings was done and the City may be able to place a solar powered system on the carport at the maintenance building that would service that building and the Animal Shelter. The other task is to retrofit some of the lighting fixtures at City Hall and in the Public Safety building. If additional funds are available the City may be able to power City Hall and the Public Safety building with a solar system. Judy indicated that Ivins City received the Washington County Business Patriot Award for hiring only U.S. Citizens and legal residents. Judy provided survey information relating to the naming of 200 East. A copy of the information is available by request through Ivins City Hall. The naming of 200 East requires a Public Hearing per Ivins City policy and the classification for that street would be either "boulevard" or "parkway". The Mayor and City Council agreed to set the Public Hearing for naming 200 East "Red Mountain Boulevard" which will be held at the next City Council meeting on June 3rd. Judy provided information regarding the bus transportation survey summary, a copy of which is available by request through Ivins City Hall. She has spoken with the Five County Associations and they indicate funds for transportation are only available if the City owns and operates its system. Tuacahn has also indicated they have some needs for public transportation and she and the Mayor intend to meet with them to discuss those needs.
Dale Coulam provided the Legislative Summary for the 2010 General Session to the City Council. A copy is available by request through Ivins City Hall.
Council Member Roberts would like to place on a future agenda to formulate a Resolution letting Utah’s Governor, Senators and Legislators know Ivins encourages support of a similar law that Arizona has passed regarding immigration. Council Member Rusick referred to the newspaper today and indicated Governor Herbert made the decision that he would not go after that law, however the Legislature is loosening the enforcement of small businesses having to use E-Verify. If the City is going to be in support of something, it should be in support of E-Verify. Council Member Elwell would like a chance to debate the immigration issue and the E-Verify issue. Council Member Rusick stated the Council should keep in mind the possible repercussions of the City making a statement in support of similar law that Arizona passed. The economic and other repercussions for Arizona have been great and she inquired if that is something the Council would want to do to Ivins City. She also suggested that this issue be open to public comment at a Public Hearing before a Resolution is made.
Council Member Jolley requested the appointment of the Grand Marshall for the July 24th Parade be placed on a future agenda.