All present included Mayor Barney, Council Member Elwell, Council Member Blair, Council Member Jolley, Council Member Hart, Council Member Rusick, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, Building and Zoning Administrator Kevin Rudd, Parks and Recreation Director Benny Sorensen, Public Safety Director Robert Flowers, Public Works Director Dave Glenn, Individuals from the Public Works Department, City Engineer Charles Gillette, and Commissioner McDonald.
EXCUSED:  None.

AUDIENCE:  Linda Elwell, Kathy Nied, Kathy Wood, Chris Holub, Noel Broadbent, Mike S., Ron Hall, Virginia Jones, Melanie Grant, Lance Anderson, Terry Marten, Matt Marten, Elaine Brinkerhoff, Kirk Kelly Adams, Douglas Caputo, Dennis Mehr, L. Valadez and others who did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Council Member Blair led the Flag Salute.

C.	Invocation

Council Member Blair gave the Invocation.

D.	Disclosures

The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.

A.	Acknowledgement of National Public Works Week and Public Works employees  - Dave Glenn

Public Works Director Dave Glenn recognized the following Public Works staff and thanked them for all of their hard work: Shilo Pentz, Travis Gubler, Mark Jackman, Kayle Cowan, James Young, Philip Castle, Chuck Gillette, Cody Mitchell and Tami Moody.  Mayor Barney read a Proclamation relating to National Public Works Week, which is May 17, 2009 through May 23, 2009.  The Mayor and City Council expressed their appreciation for the Public Works Department.

B.	Department Reports: Parks and Recreation and Public Safety

Parks and Recreation Director Benny Sorensen reported baseball will be starting on Monday, May 18.  A new exercise class called "Zumba" has started.  The Splash Pad is open.  The City is working towards switching UNITY Park over to the irrigation system.  His department is working on weed control throughout the City and improving the area on Center Street.  The Dog Park is open and the City is trying to eliminate the sticker weeds in the Dog Park.  The Princess Pageant was held over the weekend and the contestants will be introduced at the next City Council meeting.

Public Safety Director Bob Flowers provided a statistics report for April 1, 2009 through May 7, 2009.  A copy of the report is available by request through Ivins City Hall.  Bob has arranged for the City Council to tour the 911 center on May 20, 2009 at 2:00 p.m.

C.	Planning Commission Report

Chairman Dennis Mehr reported that the Planning Commission met on Tuesday, May 5, 2009.  They visited the Taviawk subdivisions and considered zone changes from RA-5 (Residential Agricultural minimum 5 acres) to RE-25 (Residential Estates minimum 25,000 sq. ft.).  The Planning Commission members unanimously agreed to recommend the zone change to the City Council.  This issue will be forwarded to the City Council.  The Planning Commission approved final plats in the Posovi subdivision and the Public Hearing amending title 15 regarding subdivision final plats was continued to their next meeting.  They also began their preliminary work on the zoning ordinance.

Citizen Elaine Brinkerhoff came forward and provided a copy of section 10.01.106 of the Ivins City Code and referred to paragraph 9 of that section.  She requested that paragraph 9 be addressed as an agenda item at the next City Council meeting.  She is requesting that the billing of services be deferred if the home is a new construction that is not occupied and that has not been sold.  The City Council determined this will be an agenda item that they will address at the Council meeting on May 21, 2009.

There were several citizen comments relating to 200 East access.  Mayor Barney provided a brief history on the issue and indicated that in approximately 2006 when the Transportation Master Plan was being proposed, the City Council addressed whether or not to deny access onto 200 East.  It has been a long-term plan to close access to 200 East.  Personal notice was sent to the property owners in 2006.  A Public Hearing was held and several individuals appeared at that hearing in 2008.  The City Engineer Chuck Gillette, presented to the City Council four different options.  The City Council considered those four options and chose one option.  Some property owners raised the issue with the State of Utah Ombudsman and the Ombudsman determined the City had done things properly.  The City then put the project out to bid with the construction plan that denied access onto 200 East for homes that also access onto 175 East.  The project has been put out to bid and awarded to a contractor and that contractor has been issued a Notice to Proceed.  Mayor Barney indicated that the City Manager Judy Gubler brought this issue back to the City Council, at the request of citizens, prior to it being put up for proposal and bid, to see if the Council was wiling to re-consider their decision of blocking access onto 200 East.  The City Council agreed they did not want to re-consider their decision and the request for re-consideration was denied.  This issue is again being brought before the City Council for re-consideration.  Melanie Grant came forward and provided a letter and information to the City Council.  A copy of this information is available by request through Ivins City Hall.  She indicated the home owners were not sent letters and notified of the meeting in November, 2008.
Several individuals spoke and requested the City Council put this issue back on the agenda to be re-considered.  Mayor Barney inquired of the City Council Members regarding whether or not to re-address this issue.  Council Member Elwell is not opposed to re-addressing this as an agenda item, although he doesn’t know that anything will change.  Council Member Jolley indicated that all sides were taken into consideration by the City Council when the decision was made to close access onto 200 East, but he is not opposed to this issue being on the agenda so the residents have the opportunity to be heard.  Council Member Rusick agreed and indicated that it seems to be the perception that everyone was not noticed or heard.  Council Member Hart indicated he understands and appreciates the frustrations and is not opposed to re-addressing this issue.  Council Member Blair stated that when he was on the Planning Commission and in attendance at TRC (Technical Review Committee) meetings, he took part in preparing the Transportation Master Plan and fully understands why restricting access onto 200 East was included in the plan, which is for access management and control.  He is not opposed to re-addressing the issue but indicated he is not sure that it will change any of the opinions brought forward.  Dave Glenn indicated if the City Councils makes the determination to allow access onto 200 East, the street would need to be re-designed.  Judy Gubler expressed her frustration and indicated that the decision has been very clear what the impact could be to the residents and this issue was brought back twice to the City Council to make sure of the Council’s decision before the City moved ahead with the project and awarded the contract.  There is now some financial impact to the City as it relates to awarding the contract.  Mayor Barney indicated restricting access onto 200 East has been something the City has been working toward for more than two years and that the owners of the vacant lots were told not to face the homes onto 200 East.
The City Council determined this issue will be re-addressed at the next City Council meeting on May 21, 2009.  The City Engineer Charles Gillette will provide a five minute presentation with the history and update the City Council on the status of the contractor.

A.	Public Hearing on the Planning Commission’s recommendation to approve a Class V Conditional Use for the Coyote Gulch Cabaret Theater

Building and Zoning Administrator Kevin Rudd indicated this is an application for a Class V Conditional Use for an outdoor Cabaret Theatre.  There will be theatrical and musical performances, lectures and presentations, a dining courtyard, poetry readings and other outdoor gatherings and will accommodate approximately 120 people.  The property is zoned resort commercial and the use is a permitted use.  City Staff recommends approval.  Hours of operation and decibel levels should be established.  Mayor Barney opened the Public Hearing.

Douglas Caputo came forward and spoke.  He is the artistic director for a non-profit theatre company that held performances in Coyote Gulch Cabaret Theater last year.  He indicated that shows often run until after 10:30 p.m. and requested the City Council consider that when recommending hours of operation.  The theatre is a beneficial event for the community and there were between 800 and 900 people that attended last year during the 3 weeks that the performance was held.  Lance Anderson came forward and thanked the City Staff and the Planning Commission.  He requested that the City Council consider the hours of operation to be later, which will allow the production to start later to address the heat.  George Stoddard came forward and stated that he owns an Art Gallery in Coyote Gulch and he is in support support of this activity due to the traffic that it brings to the area.  Matt Marten came forward and indicated this type of activity attracts individuals to go to the area.  There being no further comments, Mayor Barney closed the Public Hearing.

B.	Consider approval of a Class V Conditional Use for the Coyote Gulch Cabaret Theater

The City Council is in favor of the Cabaret Theater but they have a concern regarding the decibel level and what is adequate for an outdoor theater.  They agreed that there would be some noise associated with this type of event and indicated there needs to be reasonable hours of operation.  Coyote Gulch has been established for sometime and is zoned for the requested use.

MOTION: Council Member Rusick moved to approve a Class V Conditional Use application for the Coyote Gulch Cabaret Theater Associates located at 847 Coyote Gulch Court, Lance Anderson, Applicant, with the following conditions: Hours of Operation will be 9:00 a.m to 10:30 p.m. Sunday through Wednesday and 9:00 a.m. to 11:00 p.m. Thursday through Saturday.  With regard to the decibel level, this will be determined at a reasonable level when rehearsals and performances start.
SECOND:  Council Member Elwell

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Hart	AYE
Council Member Rusick	AYE

A.	Approval of expenditure for revised Animal Shelter remodel plan

Council Member Hart indicated that the revised Animal Shelter remodel plan now reflects a capability and size that will be adequate for the City for a long time.  The facility could potentially satisfy the City's needs through build-out.  There are aspects of the facility that could be deferred but mechanical, electrical and similar materials could be placed to accommodate the future addition without having to tear anything apart.  The remodel plan is a high quality facility and will function very well for the animals and staff.  Every dollar spent now is $2.00 spent in the future.  Council Member Elwell indicated that the City originally budgeted $300,000.00 for the animal shelter remodel, knowing that it was only for a short term and that by having the revised remodel plan that will be less than the original budgeted amount, that will serve the city for a great length of time, is an opportunity the City can’t pass up. 
Judy Gubler referred to budget figures.  A copy of the budget figures are available by request through Ivins City Hall.

MOTION: Council Member Rusick moved to approve the expenditure in an amount not to exceed $264,000.00 for the Animal Shelter remodel
SECOND:  Council Member Elwell

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Hart	AYE
Council Member Rusick	AYE

B.	Discuss and consider approval of Ordinance No. 2009-04 "An Ordinance of Ivins City, Utah, Amending Title 10, Chapter 3 of the Ivins City Code Regarding Sewer Systems

Council Member Rusick referred to a minor change on page 1, item 2 on the 3rd line and indicated the parenthesis should be taken out of "owner(s)" and an apostrophe should be inserted so that it reads "owner’s".

MOTION: Council Member Elwell moved to approve Ordinance No. 2009-04 "An Ordinance of Ivins City, Utah, Amending Title 10, Chapter 3 of the Ivins City Code Regarding Sewer Systems with the change to an apostrophe as identified by Council Member Rusick.  
SECOND:  Council Member Blair

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Hart	AYE
Council Member Rusick	AYE

Roll call vote.  All Council Members voted in favor.

C.	Discussion of On-site Wastewater Systems

Charles Gillette referred to his eight page memo that describes on-site wastewater systems.  A copy of the memo is available by request through Ivins City Hall.  There were discussions regarding upsizing the outfall line identified in the Capital Facilities Plan, updating the sewer master plan and waste processing costs.  The on-site wastewater system would process the waste which would limit the processing cost paid to the City of St. George to process the waste.  Council Member Hart stated that from a developer's standpoint, the on-site wastewater option is not the first choice due to cost.  He suggested that there be a defined area where the on-site wastewater system is an option.  The City Council determined on-site wastewater systems should be allowed but limited to the Kayenta area and requested Dale Coulam prepare an ordinance for their review.    

D.	Discussion of groundwater in Padre Canyon Estates phases 7 & 8

Judy Gubler referred to the financial analysis for street funds.  A copy of the list is available by request through Ivins City Hall.  The City could safely spend $188,000.00 of the $330,000.00 that it would cost to address the groundwater problem in Padre Canyon.  Dave Glenn indicated there are 55 miles of streets in Ivins that need to be maintained but have been put off due to budget constraints.  If the City phased the groundwater project and spent approximately $160,000.00 now, it would be enough to mitigate the lower portion of the groundwater issue.  Dave Glenn has looked at the water bills for some of the homes and there is one home that has a substantial amount of water usage and has been told that the pool on that property is leaking.  The leaking water goes into the sewer and into the groundwater.  Mayor Barney indicated that issue needs to be addressed and resolved.  Council Member Rusick state she would like to see some type of concession on water usage by the homeowners, to help mitigate the groundwater problem.  Dave Glenn indicated the problem isn’t just with the homes in the area, but also with where David Hafen is watering and the homes north of Padre Canyon.  That water migrates down to the same area with the groundwater problem.  There are three (3) options to address the groundwater.  The 1st option is to install a solid and perforated pipe on Cordero Drive and part way up Praya and then drain the water into the wash.  The design, engineering and testing costs are approximately $270,000.00.  The 2nd option is to use the same piping in option 1 but to extend laterals to the homes and the approximate cost for option 2 is $336,000.00.  The 3rd option is the same but instead of stopping at the north of end of Praya, it would extend to 400 south.  The approximate cost for the 3rd option is $397,000.00.  Council Member Hart inquired as to the cost to put in the stubs and connect to the drain on 400 south.  Dave Black, an Engineer with Rosenberg Associates indicated the cost would be approximately $330,000.00.  The costs for each option include the engineering.  Council Member Rusick inquired as to what the advantage or disadvantage is for the connection to the 400 south drain.  Dave Glenn indicated that getting the water into a pipe rather than into the wash is the best option and the cost to do that is approximately $397,000.00.  Mayor Barney indicated the City is leaning more towards installing the stubs or laterals.  Dave Glenn stated that if the City Council elects to proceed with one of the options, he recommended procuring Rosenberg’s services due to their background in this area.

The City Council agreed to proceed with the design of option 3 and use option 1 as a phase.  The City will obtain engineering bids and bring the bids back to the City Council for approval.  

E.	Discuss and consider approval of Ordinance No. 2009-05 "An Ordinance of Ivins City, Utah, Amending Chapter 14.03 of the Ivins City Code Entitled "Electrical Code"

The City Council inquired as to the use of the word "International" rather than the word "National" in the first "WHEREAS".  Judy Gubler will follow-up with Dale Coulam or Kevin Rudd for clarification.

MOTION: Council Member Blair moved to approve Ordinance No. 2009-05 "An Ordinance of Ivins City, Utah, Amending Chapter 14.03 of the Ivins City Code Entitled "Electrical Code" as corrected.
SECOND:  Council Member Jolley

VOTE: The motion carried.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Rusick	AYE
Council Member Hart	NAY

Roll call vote.  Four Council Member voted in favor and one Council Member opposed.  

F.	Discuss and consider approval of the Master Plan/Development Agreement for the Posovi II Subdivision Project Ivins City, Washington County, Utah

There were questions on pages 4 and 5 of the agreement regarding the warranty period and security agreement language.  Judy Gubler indicated the security is for the completion of the project and that Kayenta will bond 125%.  The City Council determined to use the term warranty security" on page 4 under (b) Warranty Period in place of the term "security agreement" and the last sentence will read "If the City Engineer verifies that the improvements are acceptable, the remaining warranty security posted by the developer shall be released."  

MOTION: Council Member Rusick moved to approve the Master Plan/Development Agreement for the Posovi II Subdivision Project Ivins City, Washington County, Utah as corrected.
SECOND:  Council Member Hart

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Hart	AYE
Council Member Rusick	AYE

G.	Discuss and consider approval of the Agreement for Professional Services between Ivins City and E Cubed Engineers & Consultants, LLC

Judy Gubler indicated this agreement replaces the agreement the City had with Wilden & Associates, which is no longer in business.  E Cubed Engineers & Consultants, LLC is willing to provide services for the same price as Wilden & Associates.  The Mayor and City Council had questions relating to the liability limits not being enough, the ability to address the legal status of working individuals, minimum liability language in the scope of services and the reference of International electrical code rather than National.  It was determined this agenda item would be tabled and re-addressed at a later date.  

MOTION: Council Member Elwell moved to table item 5 G.
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Hart	AYE
Council Member Rusick	AYE

H.	Presentation of Tentative Budgets for Fiscal Year Ending 06/30/2010 and Estimate to Complete Budgets for the Fiscal Year Ending 06/30/2009

1.	General Fund

2.	Debt Service Fund

3.	Special Revenue Funds

a.	Public Safety

b.

Streets

c.

Parks

d.

Habitat

e.	Storm Drain

4.	Capital Projects Fund

5.	Water Fund

6.

Sewer

7.	Storm Drain Fund

8.	Perpetual Care Fund

9.	Redevelopment Agency

10.Mu

nicipal Building Authority

Judy Gubler referred to a bound copy of the Tentative Budget.  A copy is available by request through Ivins City Hall.  This item will be on the next City Council agenda on May 21, 2009 to be considered for approval.  There is no budgeted use of the Reserve Fund.

Council Member Jolley requested item D, Meeting Minutes for April 16, 2009, be removed from the Consent Agenda.

A.	Approval of expenditure and award of construction contract for West Center Street Storm Drain Project

B.	Approval of Easement Agreement with SITLA and expenditure to purchase easement for construction of West Center Street Storm Drain Project

C.	Approval of Proclamation "National Public Works Week"

E.	Approval of Joint Work Meeting Minutes for April 23, 2009

MOTION: Council Member Jolley moved to approve Consent Agenda items A, B, C and E.
SECOND:  Council Member Elwell

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Hart	AYE
Council Member Rusick	AYE

D.	Approval of Meeting Minutes for April 16, 2009

Council Member Jolley referred to page 7, line 13 under Reports.  The sentence "Taunie Horlacher has done a tremendous job" should read "Tonya Horlacher has done a tremendous job organizing the pageant".

MOTION: Council Member Jolley moved to approve the Ivins City Council Minutes for April 16, 2009, as amended.
SECOND:  Council Member Elwell

VOTE: The motion carried.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Rusick	AYE
Council Member Hart	ABSTAIN

A.

Council

Council Member Elwell passed around a poster for the Pound Puppy Gala and a poster relating to a garage sale fundraiser that will benefit Brandon Hatch.  He is a resident of Ivins City and battling a re-occurrance of Hodgkin’s lymphoma.  A fund has also been set up at Zions Bank in his name.  The posters are available for viewing at Ivins City Hall.  Council Member Elwell commented on the Center Street directional signs and indicated they look too commercial.  Judy Gubler stated the she has a meeting with Matt Marten to find out where the signs will be located, what the signs will say and how they will be funded.  The current signs are a test.  
Council Member Blair - no report.
Council Member Jolley reported that Santa Clara received a grant to install sidewalks on the road in front of Lava Ridge Intermediate School.  Judy Gubler indicated that Ivins is supporting Santa Clara in their efforts and Santa Clara has said they would reciprocate the support.  Council Member Jolley indicated that the Ivins City Princess Pageant was held and there is new city royalty that will be introduced at the next City Council meeting on May 21, 2009.  Tonya Horlacher did a wonderful job as the pageant director and he is very appreciative of her and her efforts.  Tuacahn High School was extremely difficult to work with.  They didn’t provide a technical crew, the microphones didn’t work, the music didn’t work and there were other issues.  Council Member Jolley proposed that Tonya Horlacher draft a letter to Tuacahn High School that could be countersigned by the Mayor, to get on their schedule on a permanent basis and outline what is required.  
Council Member Hart reported that the animal shelter is going to be great.
Council Member Rusick reported she saw a presentation by Bill Sorensen regarding air quality and inquired why Washington County does not test for vehicle emission controls.  The Utah Department of Air Quality has only one measuring device for Washington County and it’s located outside of the business district where it doesn’t make sense.  It makes more sense to measure the impact of air quality in the heart of the business district.  Council Member Blair indicated vehicle emissions testing isn’t something the City wants to get involved with.  Only three (3) counties in the State of Utah require vehicle emission testing.  Council Member Rusick suggested the testing device be moved to a more reasonable place.  Council Member Blair indicated the monitoring ought to be in dontwn St. George.  

B.

Mayor

No report.

C.	City Manager, Judy Gubler

Judy Gubler reported the City is looking for grants.  Jim Matheson’s office called and spoke with Lowell Elmer with the MPO (Metropolitan Planning Organization) and 200 E has been put on the TIP (Transportation Improvement Plan) and that project has their attention.  There is money available for water and sewer projects but not for road projects.  She reminded the City Council that there will be pizza in the park on Tuesday, May 12th at 7:00 p.m. for those who assisted with the Special Olympics event.  There will be a tour of the 911 Center at the St. George Police Department on May 20th.  The Water District is in their new office. 

D.	Items to be placed on future agendas

MOTION: Council Member Hart moved to adjourn
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Hart	AYE
Council Member Rusick	AYE

The meeting adjourned at 9:30 p.m.

Respectfully,

Kari D. Jimenez
Ivins City Recorder