All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Jolley,
Council Member Roberts,
and
Council Member Rusick.
STAFF:
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
City Engineer Chuck Gillette,
Chief of Police Bob Flowers,
City Manager Judy Gubler,
City Attorney Dale Coulam,
and
Deputy City Recorder Martha Wilson.
EXCUSED: None.
Audience: Angelo Disante, Tim Bryan, Dennis Mehr, Mauricio Sarria, Merril Bryan, Don McRae and others who did not sign in.
Council Member Elwell led the Flag Salute
Council Member Elwell gave the Invocation
Council Member Jolley and Council Member Roberts disclosed they reside in the special assement area in relation to agenda item 5)F. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Kevin Rudd reported that the Building Department has been averaging three (3) to four (4) permits a month. A Preliminary Subdivision Enhancement Overlay Application was received for the Desert Rose Subdivision and the City Council will be reviewing that in the near future. The Vista school has been operating under a temporary Certificate of Occupancy. There is a walking path that runs behind the school that is almost complete. The Sensitive Lands Committee met and will be recommending some modifications on the Sensitive Lands map and will be reporting to the City Council.
Dave Glenn provided a Water Usage Comparison report to the City Council. A copy of the report is available by request through Ivins City Hall. The Public Works Department has been preparing streets for maintenance with crack seal and surface preparation. The Discovery subdivision and 290 East near 800 South were slurry sealed. The Kayenta overlay was completed. It is not the most visually clean job that has been done but it is functional. There were some quality issues as far as the center line and similar issues. The City is working with the contractor to mitigate those problems. Staff met with the utility companies and the contractor for the Historic Township improvements to discuss coordination between utility relocations that might be impacted. The Transportation Expo is scheduled for February 1, 2011. The City did not have a booth last year but the City is anticipating having one at the 2011 expo.
Chuck Gillette provided an Engineering Report to the City Council. A copy of the report is available by request through Ivins City Hall. The contract for the solar project at the animal shelter has been signed and the solar panels have been ordered. Delivery of those panels is expected in January or February, 2011. Staff is updating the Storm Water Management Program. The permit requires the program to be more flexible and adaptable based on effectiveness and performance and the State of Utah has written the permit to be more easily changed. Currently the City Council has to approve the management plan and the Council may want to consider how the Council is involved. He suggested the Council discuss that in the future and decide what direction to proceed.
No one was present at the time this agenda item was called.
The Mayor and City Council Members tabled this agenda item due to the Mayor and City Council Members needing a definition for pollutants. Dale Coulam provided a definition for pollutants and was directed to bring the ordinance back to the City Council with the definition he provided. There was also a change in section 11.05.103 wherein the ordinance originally referenced to part 6 but the correct reference in that section is part 4. The other changes identified in the ordinance were acceptable to the City Council.
MOTION: Council Member Roberts moved to table the proposed Ordinance No. 2010-02 until the City obtains further clarifications on the items discussed
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 |
MOTION: Council Member Jolley moved to suspend the rules at this point in the agenda and address Item 2)B on the agenda, Planning Commission report and hear from Chairman Mehr
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 |
Item 2)B, the Planning Commission Report was addressed.
Dennis Mehr reported that the Planning Commission discussed the Desert Rose Subdivision. Some residents expressed their concerns regarding the height of the homes, the water table for that subdivision, adequate parking around the park and the clustering of the subdivision. A potential density bonus was discussed. A dog park and soccer field is proposed for the open space. The Planning Commission recommended the preliminary plan be approved as amended, allow for the open space maximum density and a twenty-two foot (22’) height limititation on the homes. The City Council will address this issue at their meeting on December 2, 2010. The Planning Commission is continuing to review the beekeeping issue and working on grading, elevation and commercial uses.
Judy Gubler indicated last year was the first year for the community garden at Pond Park. That piece of land is currently under contract to be sold to the LDS church. She wanted to discuss a possible relocation of the community garden with the City Council. The location that Staff is prepared to recommend to the Council is a piece of land that the City purchased for the Western Corridor and is an eighty foot (80’) right-of-way. There are some large Mesquite trees that would be an added benefit and the ground can be leveled. There is also irrigation water to the land. Judy Gubler has looked at the Tonaquint Community Garden, although that project will not begin until 2011. Judy has a copy of Tonaquint’s garden guidelines and policies. The Tonaquint garden will be managed by the Washington County Water Conservancy District (WCWCD). They have a full time Horticulturist and the WCWCD also works with the City of St. George, USU Extension and Healthy Dixie. Their garden will consist of 48 plots. Ivins needs to have a community garden but there needs to be some changes. The plots need to be bigger, the rules need to be established firmly up front. There were some problems with weeding. She suggested the City prepare the soil and have the soil tested to make sure it is adequate for gardening. The Tonaquint garden is proposing a rental fee of $30.00 a year which Ivins may not need to do but there is also a deposit required. If the garden is cleaned up at the end of the year, the deposit is refunded or carried over to the next year. The Tonaquint garden will provide a water tap to each plot and the water is provided. That might be something the City should consider.
Council Member Jolley indicated the community garden should continue and inquired as to the availability for parking at the proposed site. Judy Gubler indicated she will talk with the gardeners to assess how much parking is needed and stated there is an unpaved area available for parking. Gardener Bob Johnson inquired how long the current gardners would be able to stay at the Pond Park garden spot and asked if the City would request that the gardeners stay until harvest is complete. Dale Coulam indicated the City cannot request that. The gardeners can continue what they are doing but that the City may receive notice asking the gardeners to leave so the City cannot make any guarantees on how long the gardeners can stay.
The Mayor and City Council are in favor of the program and directed Staff to proceed with the soils testing and bring back a proposal for their review.
Chief Flowers submitted a proposed ordinance to the City Council for their consideration regarding the sale of Spice and it not being allowed to be consumed or sold in Ivins City. The sale of Spice has recently become a problem in other cities. Spice is very popular with high school students and there are no regulations. The Mayor and City Council agreed that the ordinance should be placed on a future agenda for discussion and consideration.
Council Member Elwell restated his question of to what extent does the liability insurance carrier govern City policy. Dale Coulam reviewed with the Council the Ivins City Premium and Loss Summary and Workers’ Compensation claims for the past twelve (12) months. These documents showed how an increase in covered claims or loss ratio generally results in an increase in premiums the following year. Dale Coulam then reviewed various provisions of the City’s Liability Insurance Policy and statutes, the Workers Compensation Act, child labor laws, government immunity and specific types of claims excluded from insurance coverage. He explained how such excluded claims could leave the City uninsured and without immunity as opposed to covered claims that increase the premium. Regarding Council Member Elwell’s specific question, the terms of the insurance policy state in part that "the insured shall cooperate fully and participate as required by the Trust’s Risk Management Program" and "no action shall lie against the Trust with respect to any open occurrence unless, as a condition precedent thereto, the insured has fully complied with all the terms of this policy..." Council Member McDonald indicated he did some research as well and the research showed that generally animal shelters do not allow individuals under the age of eighteen (18) to volunteer.
At the conclusion of the discussion, the Mayor and City Council had a better understanding of why the draft of the Public Safety Internal Volunteer Policy regarding minor volunteers was drafted the way it was. The Council was satisified with the draft policy that Council Member Elwell had referenced. A copy of the following documents are available by request through Ivins City Hall: portions of the Ivins City Liability Coverage through the Utah Local Governments Trust; Ivins City Premium and Loss Summary - 2006 to Present - Workers’ Compensation and Liability; Utah Local Governments Trust Claims by Member; Workers’ Compensation Claims - 12 Month Period and OSHA’s The Youth Workers’ Guide to Workplace Safety.
MOTION: Council Member Rusick moved to approve Ordinance No. 2010-17, an Ordinance of Ivins City, Utah, Adopting the City Council Meeting Schedule for the Calendar Year of 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 |
Mayor Hart indicated there will be an article in the December newsletter that talks about the SAA project and he would like to include information on the assistance fund in the newsletter if the Council agrees to the fund being in existence. The fund would be administered by the Five County Association of Governments. A few of the names suggested for the fund are "Helping Hand Fund", "Lend a Hand Fund" or "SAA Samaritan Fund". Creating the fund could potentially take three (3) different forms, those being: 1) create a new line item on the monthly utility bill that would be a volunteer contribution to the fund; 2) interested friends or relatives of a particular resident in the impacted area who may want to either pay off the assessment on the residents behalf or make the monthly assessment payments on their behalf. That would not go through the fund but would be a transaction directly with the City; 3) individuals who do not know anyone specific in the Historic Township area that would want to adopt the assessment for someone and pay off the assessment. That could be more complicated where there is no direct knowledge of an individual and how to fairly pay the assessment for an individual. Council Member Rusick indicated that once the information is in the newsletter about the fund, that is how it has to be. There has been no decision as a group as to how the assistance fund should function. She doesn’t think it’s a good idea to tell the residents that the City is 99% sure of the project being financed but the City has not finalized the financing for the project. It is premature to tell residents about the fund and ask for contributions. Until the City has the details of how to administer the fund, the City should not tell the residents that funds are available. Council Member Roberts suggested the fund be included in the flow chart that he requested at the previous City Council meeting. Mayor Hart will postpone any reference in the newsletter to the fund until after the financing is complete. The City will be conducting a neighborhood meeting on the second Thursday in January and will begin with the Historic Township district and use that opportunity to discuss how the project will proceed, answer questions and have individuals from the City at the meetings for residents to talk to.
Council Member Roberts - no report
Council Member Rusick attended the Mosquito District meeting. The trapping season is over. Washington County accounted for seventy-three percent (73%) of Utah’s West Nile infected mosquitoes. The new Director is doing a good job and is managing expenses and lowering the expenses as the service is being increased. This season the Mosquito District had a booth on Saturdays at Tuacahn and there was good attendance.
Council Member Jolley no report
Council Member McDonald attended the Solid Waste meeting. They talked about legislation regarding electronic waste.
Council Member Elwell no report
Mayor Hart reported that the Community Education Channel (CEC) is renegotiating their contract with Baja. The CEC has a server that will be available online in December that will allow the programs to be accessed through a link on the City website or directly with Dixie State College. The DTEC Board (Dixie Transportation Executive Committee) and the Council of Governments met and there is a new socioeconomic forecast that will be presented to the cities. The forecast is based on past histories and is something that will adjust based on current economic conditions. The forecast is required for long term planning and then becomes the basis for funding.
There are some issues regarding bylaws that were recently adopted for the Southern Utah Sports Park. Chuck McCaffrey represents Ivins City on that board and is an effective representative. The bylaws were required by the BLM (Bureau of Land Management) in order for the park to secure its existence long term.
The dedication of the new airport will take place on January 12, 2011 and commercial flights will commence on January 13, 2011 with four (4) flights a day.
| C. |
City Manager, Judy Gubler |
Judy Gubler reported that Chuck McCaffrey provided information about the Shooting Sports Park that will be in the Ivins newsletter. The City is looking at preliminary marketing of public bonds to pin down the interest rates. The purchase and the sale of the park properties are moving forward. City Staff met regarding how the organization and communication for the SAA (Special Assessment Area) will be handled. That will be included in the flowchart. The MPO (Metropolitan Planning Organization) reviews their regional transportation plan every four (4) years. The cyclist activists want to make sure there are connecting routes in the plan. There will be proposed revisions to Ivins Parks and Trails Map.
On a future agenda there will be a request for proposals for the Council to approve for both auditor and banking services.
| D. |
City Attorney, Dale Coulam |
No report
| E. |
Items to be placed on future agendas |