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, Public Works Director Dave Glenn, and City Engineer Chuck Gillette.
EXCUSED: Council Member ElwellAudience: Lisa Rutherford, Paul VanDam, Kyle Cluff, Tani Alger, Naomi Rose, Phil Moulton, Caleb McDonald, Chrystal Deshowitz, Marc Deshowitz, Angelo DiSante, David Andrews, Lance Anderson and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute Scout Troop No. 1824 led the Flag Salute
C. Invocation Council Member McDonald gave the Invocation
D. Disclosures Council Member Jolley and Council Member Roberts disclosed they reside in the Special Assessment Area in relation to agenda items 6)C, 6)D and 6)E. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
A. Department Reports: Building Department, Public Works and Engineering Kevin Rudd reported there has been one (1) building permit issued in January thus far. Color Country Community Housing has invited the Mayor and City Council to their ground breaking ceremony on Friday, January 28, 2011 on 800 South. Fitness Ridge has officially started construction on the gymnasium and may be requesting a zone change for their project as they have purchased nine (9) acres adjacent to their current project. The Church of Jesus Christ of Latter Day Saints has submitted a Conditional Use Permit. A Special Exception will also be required for the steeple height.Dave Glenn reported that Staff has been working in the Historic Township area preparing for the upcoming construction. The street sweeper broke down and the approximate cost to have it fixed through the dealer is $6,000.00. Staff located the parts and can fix it for approximately $2,500.00. The old telephone building on 200 East has been removed and the sidewalk improvements in Santa Clara near Lava Ridge Intermediate School are complete. He suggested that the City Council address a resolution at the next Council meeting to re-open the 600 East road. It is expected that the Public Works parking structure and the UNITY Park buildings will have solar panels installed by the end of January, 2011. The Ivins Historic Township Improvements project began today. The Transportation Expo will be on March 8, 2011 at the Dixie Center. Dave Glenn provided an Annual Report for the Public Works Department Fiscal Year 2009-2010 to the City Council. A copy of the report is available by request through Ivins City Hall.
B. Planning Commission Report Mayor Hart reported that the Planning Commission held a joint meeting with the City Council regarding commercial zoning.
C. Sensitive Lands Presentation - Geological Conditions - Marc Deshowitz Marc Deshowitz provided a Red Mountain GeoHazard Risk Assessment PowerPoint Presentation to the City Council. A copy of the presentation is available by request through Ivins City Hall. The west side of Red Mountain is regarded as low risk for rock fall hazards due to the low density of homes and incised drainages at the base of the steep slope that could catch and deflect rock fall boulders. The rock fall hazard is higher to the south within the boundaries of the flood retention dike. Large boulders have fallen in that area and a careful rock fall hazard investigation is recommended prior to any development in that area. There is a low likelihood and low risk for landslides on the Red Mountain.
| 3) | PUBLIC HEARING AND ACTION ITEMS - NONE |
| 4) | CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE |
A. Discussion of Responsibility to Maintain Easement Property Judy Gubler provided ordinances from Ogden City and the City of St. George regarding maintenance of rights-of-way and sidewalks. Staff is looking for feedback and inquired if the City Council would like there to be a requirement for owners to maintain right-of-way property and sidewalks. The Mayor and City Council agreed that owners should be required to maintain right-of-way property and the sidewalks. They would like an ordinance brought forward for their review. Dale Coulam suggested that snow and ice removal as well as sand removal from the sidewalks should be included in the ordinance. Snow has remained on the north side of a property in the shade and there have been situations where sprinklers have not been turned off resulting in ice on the sidewalks. If sand is not removed, weeds grow in the cracks of the sidewalks. The Mayor and City Council agreed. Dale Coulam will prepare an ordinance for the City Council’s review and consideration at the next City Council meeting.
B. Discuss and Consider Approval of Community Garden Guidelines Judy Gubler referred to the Ivins City Community Garden Guidelines. A copy of the guidelines is available by request through Ivins City Hall. There have been five (5) gardeners who assisted with putting the guidelines together and designing the garden layout. There are forty (40) plots this year which is more than last year. There has been a request to plant some berry and fruit trees and the City will review those requests on a case by case basis to ensure they do not interfere with the garden. Mayor Hart would like to keep the process simple for the gardeners. Council Member Roberts inquired if there were problems last year. Judy Gubler indicated that there were a number of plots that were not cleaned up and not taken are of. Council Member Jolley suggested that if there are a few available plots, they be used for hardship cases. Judy Gubler stated that the gardeners who assisted with the guidelines indicated there are approximately thirty (30) serious gardeners and the garden area could be expanded fairly easily. Council Member Roberts referred to the Maintenance clause and inquired what the revocation period of time would be. Judy Gubler stated it is whatever time the Council wants to place. Mayor Hart suggested the wording be changed from "shall be revoked" to "may be revoked." Judy Gubler indicated that parking will be on the side of 200 East. One of the gardeners has already paid for soil testing and there are no issues.
MOTION: Council Member Rusick moved to approve the Ivins City Community Garden Guidelines as presented
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
Council Member Rusick requested item C be removed from the Consent Agenda.
A. Approval of IT Managed Services Contract
B. Approval of Audit Award
D. Approval of Expenditure for Engineering and Construction Surveying Costs for the Historic Township Street Improvement Project SAA
E. Approval of Expenditure for Upsizing of Undersized Waterlines in Historic Township Area
F. Approval of Meeting Minutes for January 6, 2011
MOTION: Council Member McDonald moved to approve Consent Agenda items A, B, D, E and F
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
C. Approval of Good Samaritan Fund Administration Agreement Council Member Rusick referred to paragraph six (6) "Qualification Thresholds" and inquired what could change the threshold qualifications and who would make the decision. Judy Gubler indicated there was a survey done for a CDBG grant (Community Development Block Grant) and the Five County Association of Governments reviewed that survey and thirty percent (30%) of Area Medium Income is considered Very Low Income. If the City has enough donations to the Good Samaritan Fund to cover more than one hundred percent (100%) of the Very Low Income threshold, the City would look at and come back to the City Council to adjust the threshold level and look at the next level up, which is Low Income. Approximately forty-five percent (45%) of the Area Median Income is considered Low Income. The decision would be made by the City Council.
Council Member Rusick inquired if the City needs a document that establishes the Good Samaritan Fund in addition to the Administration Agreement. Judy Gubler indicated Staff will prepare a Resolution for the Council’s consideration that establishes the Good Samaritan Fund. Council Member Rusick inquired how much money the City will be paying the Five County Association of Governments to administer the fund. Judy Gubler stated the Five County Association of Governments will be using their Staff that already administers the heat and weatherization programs and Ivins would pay for their clerical staff. The cost is currently unknown due to this fund administration being new for both Ivins and The Five County Association of Governments. There are approximately thirty (30) applicants that may qualify for the fund and the Five County Association of Governments already has the qualification criteria in place. Five County Association of Governments will bill for their costs but the money for the Good Samaritan Fund comes to the City and is paid by the City. The funds are segregated and the Five County Association of Governments is only involved in the qualification process. Judy Gubler suggested that language be contained in the Resolution that indicates a percentage of the funds will be equally distributed.
MOTION: Council Member Rusick moved to approve item C of the Consent Agenda
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
| 8) | REPORTS |
A. Council Council Member McDonald - no report
Council Member Jolley - no report
Council Member Roberts indicated he tried to obtain a burn permit but was unable to and inquired why. Judy Gubler indicated burn permits are issued by the County and the rules for when burn permits are issued is established by the State. Judy will have Ivins Fire Chief Kevin Gildea contact Council Member Roberts.
Council Member Rusick stated she was extremely impressed with Staff and the Mayor for the materials presented at the SAA (Special Assessment Area) residents neighborhood meeting. Everything presented was extremely easy to understand and any questions were answered. Judy Gubler reminded the Council that there is another Neighborhood Meeting next week on Thursday, January 27th in the City Council room.
B. Mayor Mayor Hart thanked Staff for the preparations for the neighborhood SAA meeting. He requested Judy draft a letter to the gardeners for him and Judy to sign thanking them for their work on the Community Garden.
C. City Manager, Judy Gubler Judy Gubler reported that the Mexican restaurant next to Lightfoot’s has closed and it is anticipated that there will be a new restaurant going in the same place by the end of January, 2011. It will be a restaurant, coffee shop and bakery. Color Country Community Housing has requested an RSVP for their ground breaking ceremony on Friday, January 28, 2011. Regarding the SAA project, more information will be sent out regarding the Board of Equalization and the application process for the Good Samaritan Fund. The City needs to hold a Closed Meeting tonight after the regular City Council meeting.
D. City Attorney, Dale Coulam Dale Coulam indicated the section to reference for the Closed Meeting is Utah Code 52-4-205(1)(d).
E. Items to be placed on future agendas
MOTION: Council Member McDonald moved to adjourn this meeting and enter into a Closed Meeting to discuss the purchase, exchange, or lease of real property pursuant to Utah Code Section 52-4-205(1)(d)
second Jolley
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
| 10) | ADJOURNMENT |
The meeting adjourned at 6:55 p.m.
Respectfully,
Kari D. Jimenez, CMC
Ivins City Recorder