All present included Mayor Hart, 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, Parks and Recreation Director Benny Sorensen, Interim Fire Chief Jon Ward, and Public Works Director Dave Glenn.
EXCUSED: Council Member ElwellAudience: Angelo Disante, Lynnette Miller, George Stoddard, David Whitehead, Lance Anderson and others who did not sign in.
A. Acknowledgement of Quorum Council Member Elwell was not present and was excused.
B. Flag Salute Council Member Jolley led the Flag Salute.
C. Invocation Council Member Jolley gave the Invocation.
D. Disclosures The Mayor and City Council Members that were present stated they had no conflicts of interest with items on this meeting’s agenda.
A. Department Reports: Parks and Recreation and Public Safety Benny Sorensen reported registration for flag football has started and the City is taking reservations for a Disneyland trip that is tentatively scheduled for Aug. 2, 2010. He is also working on upgrading the software for on-line registrations.Jon Ward reported on behalf of Chief Flowers and stated there is a position open at the Animal Shelter due to an employee giving notice to leave that position. Sergeant Randall has been promoted to Lieutenant and the City received money for the TNR (Trap Neuter Return) program. There was a residential structure fire last week in Ivins. The City recently purchased a thermal imaging camera that was used to detect hot spots in the structure and the camera can also be used on the police force. Fire Chief Stoker with the City of St. George was impressed with how quickly the Ivins Fire Department addressed the structure fire. Jon thanked the Ivins volunteer fire department for their help with that fire. The Public Safety Department will be awarding four (4) life safety awards. They are preparing for the 4th of July and there will be a pancake breakfast on July 24th. Council Member Rusick indicated she was amazed at how quickly and quietly the Ivins Fire Department handled the structure fire.
B. Planning Commission Report Kevin Rudd reported the Planning Commission continued the discussion regarding the zoning ordinance and the grading and elevation of lots. The Planning Commission is tentatively going to meet with Form Tomorrow at the Planning Commission meeting on August 31, 2010.
Kevin Rudd indicated the application is complete and David Whitehead is the new applicant. This is a subdivision enhancement overlay that has a density bonus and Mr. Whitehead intends to complete the subdivision as presented by the previous developer and to follow the terms of the original Development Agreement. There is one change that being a sidewalk next to the landscape buffer along Highway 91 which is a requirement in the Transportation Master Plan. Dale Coulam stated the Development Agreement includes all successors operating under the existing agreement. Council Member Rusick asked if this was the same development in which the park amenities were changed to eliminate playground equipment after the density bonus was calculated. Kevin Rudd indicated it was and that there is no playground equipment in this plan. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.Council Member Roberts and Council Member Rusick are concerned that there are no park amenities in the plan and children would need to cross Highway 91 to access City parks. Dale Coulam indicated the City entered into a Development Agreement allowing the development and both the City and the developer are bound by the current Development Agreement. Council Member Rusick suggested the City look at expiration dates for Development Agreements because the City should not be bound by an old Development Agreement. Council Member Roberts inquired what the potential result could be if the Council did not approve the current plan. Dale Coulam stated if there is no legal reason to not approve it, it could result in a possible lawsuit.
MOTION: Council Member Roberts moved to approve a Preliminary Plan with a Subdivision Enhancement Overlay for Villas at Bellagio Phase I Subdivision located on the south side of Highway 91 approximately 700 West and 400 South. David Whitehead, applicant.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
| 4) | CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE |
A. Discuss draft of Ordinance No. 2010-13, an Ordinance of Ivins City, Utah Amending Section 5.09.101 of the Ivins City Code regarding Taxi Service Dale Coulam indicated that at the previous City Council meeting the Council discussed general parameters for a taxi service and agreed that if a taxi service was located in a residential area in Ivins all of the restrictions of the Home Occupation Business License would apply and govern that business. The rules and regulations in the draft ordinance are the same as the City of St. George. Council Member Roberts referred to the required liability insurance coverage amount of $750,000 and stated that amount seemed high. Council Member McDonald indicated that amount is reasonable. Council Member Rusick suggested the amount be $1 million. After further discussion the Council agreed that $750,000 was sufficient for liability insurance coverage. The Mayor and Council Members discussed misdemeanor convictions, moral turpitude, third party advertising allowed on taxis, identification badges to be displayed in the taxi where they can be seen, renewal of licenses and registration required for taxis outside of Ivins that provide a taxi service in Ivins. Dale Coulam will revise the ordinance for the Council’s consideration at the City Council meeting on July 15, 2010.
B. Establish Parameters and Procedures for Creating Council Resolution Statements
MOTION: Council Member McDonald moved to table this issue until Council Member Elwell is present.
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
A. Approval of Request for Proposals for Maintenance Facility Solar System and other Energy Efficiency Improvements
B. Approval to Dispose of Miscellaneous Outdated Computer Equipment
C. Approval of Meeting Minutes for June 17, 2010
MOTION: Council Member Jolley moved to approve the Consent Agenda items A, B, and C.
SECOND: Council Member Rusick
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
| 7) | CONSENT AGENDA ITEMS FOR DISCUSSION - NONE |
| 8) | REPORTS |
A. Council Council Member Elwell - excused
Council Member McDonald - no report
Council Member Jolley - no report
Council Member Roberts - no report
Council Member Rusick - no report
B. Mayor No report
C. City Manager, Judy Gubler Judy Gubler reported that the Legal Notice for the SAA (Special Assessment Area) was published in the newspaper today and the City is finalizing separate notices to be sent to each affected owner. There may be a closed meeting at the City Council meeting on July 15, 2010 regarding property.
D. City Attorney, Dale Coulam No report
E. Items to be placed on future agendas Council Member Rusick referred to the TNR (Trap Neuter Return) program and would like to discuss the potential to work with Best Friends Animal Sanctuary on the TNR program. Judy Gubler indicated the TNR program can be discussed at the department level due to the program having already been approved and clarified the money that was approved is for a service and is not a donation. She will provide information to clarify this further.
| 9) | CLOSED MEETING - NONE |
| 10) | ADJOURNMENT |
MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
The meeting adjourned at 6:45 p.m.
Respectfully,
Kari D. Jimenez
Ivins City Recorder