Copy of the City of Ivins record for City Council, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
City Council
IVINS
CITY COUNCIL
MINUTES
August 6, 2009

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:30 p.m. and announced there was a quorum present.
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, City Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, Public Safety Director Bob Flowers, Building and Zoning Administrator Kevin Rudd, and Commissioner Dennis Mehr.
EXCUSED:  None.
AUDIENCE: Linda Elwell, Gina Blake, Chris Blake, Randolyn Peine, Deloris Blake, Clarissa Little, Jameson Little, Bob Nickerson, George Stoddard, Lance Anderson, Alan Rae, Melanie Grant, Virginia Jones and others who did not sign in. 
A. Acknowledgement of Quorum
B. Flag Salute
Council Member Rusick led the Flag Salute.
C. Invocation
Council Member Elwell 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.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS

MOTION: Council Member Elwell moved to suspend the rules and move 5B to the present time on the agenda.
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

Agenda item 5B was addressed:  Discuss and consider approval of Resolution No. 2009-17R "A Resolution of Ivins City, Utah, Appointing Director of Finance and Deputy Director of Finance
Mayor Barney introduced Alan Rae who has a BA in Accounting and has been a CPA since 1986.  Mayor Barney recommended appointing Alan Rae as Director of Finance and Maureen Burger as the Deputy Director of Finance.  

MOTION: Council Member Elwell moved to sustain the Mayor in the recommendation of this appointment and approve Resolution No. 2009-17R "A Resolution of Ivins City, Utah, Appointing Director of Finance and Deputy Director of Finance.  The Ivins City Mayor, with the advice and consent of the Ivins City Council, does hereby appoint Alan Rae as Director of Finance, in the place and stead of Maureen Burger and Maureen Burger as Deputy Director of Finance, in the place and stead of Tami Moody.
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.
A. Recognition and Presentation of the Mayor’s Award for Community Service to Chris Blake
The Mayor and City Council recognized Chris Blake and presented him with the Mayor’s Award for Community Service for 2009.  Mayor Barney recognized Chris Blake's many years of service on the volunteer fire department, as a member of the City Council, and as Mayor.  Chris Blake came forward and spoke about his service with the City and the support his wife and family gave him during his tenure.  He remains involved with the City on various committees.  He thanked the City for the recognition.
B. Report on FIAS and Heritage Days - Linda Elwell
Linda Elwell provided a report on equipment and expenses paid by FIAS (Friends of Ivins Animal Shelter) for the animal shelter remodeling project.  Ms. Elwell also provided a report on the tentative plans for the 2009 Heritage Days Celebration this fall.  A copy of these reports are available by request through Ivins City Hall.  Council Member Hart thanked FIAS for their support.
C. Concept Report for Amended Subdivision Plat for Ivins View located at approximately 400 South and 50 West.  SunFirst Bank and David Sorensen, applicant
Kevin Rudd indicated this is an existing subdivision and the extent of the amendment is to create a larger lot for one lot.  There are no issues from Staffs perspective.  There were no concerns from the Mayor and City Council.
D. Department Reports: Parks and Recreation and Public Safety
Parks and Recreation Director Benny Sorensen reported that the 24th of July events went well.  There are a number of vendors expressing interest in reservations for next year.  There were 38 parade entries.  Council Member Elwell indicated he received positive feedback about the event but inquired as to the absence of someone leading the parade with the U.S. flag.  Benny Sorensen indicated that is an item they will be addressing for next year's parade.  The City is currently taking registrations for football, the musical theatre production is Peter Pan, Movies in the Park will start on Friday, August 7th and continue through the end of August.  There will be a Disneyland bus excursion in October and the City is looking at the possibility of a smaller trip to Las Vegas to see the Lion King production.  The splash pad is being utilized heavily and use of the parks throughout the City has increased. 

Public Safety Director Bob Flowers referred to a pin map for crime occurring since the first of the year.  Ivins has received a grant to remodel the evidence room.  There have been three (3) major gas line breaks in conjunction with the construction projects throughout the City.  Approximately three (3) dozen bicycle helmets were given away at the July 24th parade.  A similar event to provide bicycle helmets free of charge is planned for the first day of school.  Subway has donated cards to be given out to students exhibiting good behavior.
E. Planning Commission Report
Commissioner Mehr reported that the Planning Commission has been reviewing the commercial zoning descriptions.  They will be reviewing future uses for those categories. 

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
There was one Citizen Comment submitted by Melanie Grant.  Melanie Grant came forward and spoke regarding 200 East.  She reiterated issues and arguments that are currently on appeal.  Dale Coulam indicated that the purpose of a Citizen Comment is to determine if the issue will be addressed on a future agenda.  If this were to be addressed on a future agenda, the City Council would be reconsidering an issue that has been considered on at least four (4) separate occasions.  He cautioned the City Council about moving forward on a reconsideration while a decision on the Appeal is pending.  Construction will continue to proceed within the parameters of the grant.  Judy Gubler reminded the City Council that Ms. Grant requested reconsideration at the last City Council meeting on July 16th and the City Council determined that once the judicial process has been resolved, the City Council would like the TRC (Technical Review Committee) to review the cross-section that allows on-street parking and review the possibility of a shorter wall on 200 East and that the City Council would like to address this issue after receiving a recommendation from the TRC.  There was a lengthy discussion regarding hardships and whether or not to place this on a future agenda for reconsideration.  The City Council determined they would not re-address this issue until receipt of the Appeal decision and a report from the TRC.  The City Council would like to address the issue of access to Ms. Grant’s property at the City Council meeting immediately following receipt of the Appeal decision.  Mayor Barney requested that discussion and understanding of policy on reconsidering items going forward be placed on the next City Council agenda.  He is concerned and troubled with what appears to be, on more than one occasion, the City Council making a decision and then if pressure is put on the City Council for making a particular decision, that decision is considered again and again.  Council Member Rusick stated that there was a discussion on January 10, 2008 regarding reconsiderations.

Mayor Barney
indicated that Deputy Director of Public Safety Pete Kuhlmann is present to recognize and provide awards to various individuals.  The following individuals were recognized: James Evans - Rooky of the Year; Shellie Hurt - Chief’s Choice; Vince Wood - EMT of the Year; Charles Peterson - Officer of the Year and Con Fulde - Firefighter of the Year.

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the Planning Commission’s recommendation to amend Title 16, Chapters 6, 7, 8, 11, 33 and Zoning Districts Map of the Ivins City Code Regarding Zoning
Mayor Barney opened the Public Hearing.  Lance Anderson came forward and spoke regarding allowing the placement of equipment that would provide high speed internet to Ivins.  Council Member Rusick indicated that the recommendations from the Planning Commission seem reasonable.  Lance Anderson inquired as to the use running with the property and Mayor Barney indicated that issue would be discussed at a different time.  There being no further comments, Mayor Barney closed the Public Hearing.
B. Consider approval of Ordinance No. 2009-09 "An Ordinance of Ivins City, Utah, Amending Title 16 of the Ivins City Code Regarding Zoning
The Mayor and City Council referred to the Zoning Ordinance.  There were lengthy discussions on various portions of the ordinance, including what zones would allow the placement of equipment for access to high speed internet, explanation of zone designations, building height limitations, design guidelines, New Urbanism, front yard landscaping requirements, architectural reviews, minimum square footage, setbacks, zero lot lines and minimum lot widths.  Council Member Hart indicated he would like to address the following in the future: form based zone definitions, lot size averaging, incentivizing developers for Planned Developments and the philosophy of green design. 

MOTION: Council Member Rusick moved to table the discussion of this ordinance to the next City Council meeting. 
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


5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Resolution No. 2009-14R "A Resolution of Ivins City, Utah, Adopting an Identity Theft Prevention Program
Dale Coulam indicated that the City falls within the parameters of the law that requires an Identify Theft Prevention Program, due to providing utility services and billing for those services afterwards.  

MOTION: Council Member Jolley moved to approve Resolution No. 2009-14R "A Resolution of Ivins City, Utah, Adopting an Identity Theft Prevention Program
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

Roll call vote.  All Council Members voted in favor.

6) CONSENT AGENDA
A. Approval of Meeting Minutes for July 16, 2009

MOTION: Council Member Elwell moved to approve the Consent Agenda.
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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell - no report.
Council Member Blair - no report.
Council Member Jolley inquired of Dale Coulam regarding a resident that contacted Council Member Jolley about individuals climbing on the roundabout rock on 200 East and what can be done to deter that.  Dale Coulam indicated that the Public Safety Department should be contacted.  
Council Member Hart - no report.
Council Member Rusick reported that she attended an emergency meeting for the Southwest Mosquito Abatement & Control District (SMACD).  The meeting was called to address immigration sponsorship of Mario Boisvert, allowing him to work in the United States.  He is a Canadian citizen and certain portions of the application need to be paid by the sponsor and certain portions are paid by the applicant.  The sponsorship would enable Mario’s wife to come to the U.S.  There was a lot of discussion and the board agreed to approve going forward with the sponsorship.  Mr. Boisvert has saved the SMACD significant funds since he began working with them. 
B. Mayor
Mayor Barney referred to public access television and inquired if a current City Council Member would be available to represent Ivins City on the board, in addition to Carol Tenczar.  Council Member Hart indicated he is willing to be appointed to the board.  Judy Gubler stated she will contact Stan Everett regarding the appointment of Chris Hart.  Mayor Barney indicated he would like the City to discuss on a future agenda, incentives and other allowances for developments, to encourage developers to build parks throughout the City.
C. City Manager, Judy Gubler
Judy Gubler reported on the sculptures that are to be placed in the roundabout.  George Stoddard will be holding a gallery show with the artist and would like to combine the unveiling of the sculptures in the roundabout, with the gallery show.  The artist is going to give the sculptures a final inspection and Judy sent an email to Entrada to confirm that. 
D. City Attorney, Dale Coulam
No report.
E. Items to be placed on future agendas

9) EXECUTIVE MEETING - NONE

10) ADJOURNMENT

MOTION: Council Member Jolley moved to adjourn
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

The meeting adjourned at 9:30 p.m.

Respectfully,

Kari D. Jimenez
Ivins City Recorder