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
September 17, 2009

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 6:30 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, and Council Member Rusick.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, City Engineer Charles Gillette, Chairman Dennis Mehr, Commissioner Cheyne McDonald, Public Safety Director Bob Flowers, Public Safety Deputy Director Pete Kuhlmann, Animal Control Officer Robin Kirker, Animal Control Officer Aggie Smith, and City Recorder Kari D. Jimenez.
EXCUSED:  None.
Audience: Kathy Nied, Connie Butterfield, Lesley Mendenhall, Dennis Mehr, R.T. Marten, Shanan Martineau, Kathy and Glenn Ravenberg, Pete Kuhlmann, Don Miller, Hans Lundgren 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 Hart 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
A. Trap-Neuter-Release (TNR) Presentation - Holly Sizemore, Kris Neal and Shelly Kotter
Kris Neal, Shelly Kotter and Holly Sizemore provided a PowerPoint presentation to the City.  A copy of the presentation is available by request through Ivins City Hall.  Lesley Mendenhall and others came forward and spoke regarding the benefits of the Trap-Neuter-Release (TNR) program.  It was requested that Ivins City support the TNR program.  Council Member Rusick inquired about suspending the rules to address item 5)A to consider Financial Support of Feral Cat Trap-Neuter-Release (TNR) Program.  The Council agreed that the rules should be suspended, to address item 5)A after the Southern Utah Vietnam Veterans presentation.

MOTION: Council Member Rusick moved to suspend the rules and move consideration of support of the TNR Program to a point on the agenda after the Southern Utah Vietnam Veterans
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

B. Southern Utah Vietnam Veterans and Proclamation of National POW/MIA Recognition Day - Ron Lewis
Ron Lewis with the Southern Utah Vietnam Veterans of America came forward and provided a PowerPoint presentation and a Vietnam Veterans POW/MIA flag to the City.  A copy of the presentation is available by request through Ivins City Hall.  Mr. Lewis requested that Ivins City recognize the third Friday in September of each year, as POW/MIA recognition day and in doing so, fly the Vietnam Veterans of America black and white flag on that day.  It is to be flown below and second to the United States of America flag.  The Mayor and City Council thanked the organization for the flag and presentation.  Mayor Barney moved to sign the Proclamation recognizing National POW/MIA Recognition Day.  Mayor Barney read the Proclamation and requested Chief Bob Flowers raise the flag at City Hall on Friday morning, September 18, 2009.  Chief Bob Flowers indicated he would see that the flag was properly raised.
Item 5)A was addressed at this time.
A. Discuss and consider Financial Support of Feral Cat Trap-Neuter-Release (TNR) Program
Judy Gubler referred to the City budget and inquired as to the amount of support that is being requested.  Council Member Rusick indicated up to $1,000.00.  There was a discussion regarding how the money would be spent.  It was determined that the City will fund up to $1,000.00 and the funds will be held in the Ivins City Public Safety budget.  Chief Bob Flowers will work closely with Animal Control Officer Robin Kirker and others, to assist with a TNR program in Ivins.  There will be an assessment of how the program is working in the next budget year.
C. Department Reports: Building Department, Public Works and Engineering
Kevin Rudd reported that the Building Department is averaging three (3) residential building permits a month.  He provided a monthly report relating to Code Enforcement activity, a copy of which is available by request through Ivins City Hall.  Fitness Ridge will be providing an amendment to the City and their sign will be changing due to them officially being the World’s Biggest Loser spa.  Tuacahn High School has added a portable classroom.  The Vista charter school is working out a system to load and unload the school kids and is working on landscaping in front of the school.  
Charles Gillette provided a Public Works report on behalf of the Public Works Director Dave Glenn, who could not be in attendance.  He also provided a monthly Engineering report.  A copy of these reports are available by request through Ivins City Hall.  Charles Gillette reported that modifications to the Tuacahn Wash Detention Basin plans are being required by the State Engineer due to hydrology requirements from the criteria in the dam construction.  The modifications are triggering a re-evaluation of the environmental requirements.  The State Engineer does not agree with the current layout of the spillway and wants the City to design the dam to hold a large quantity of water.  If the City proceeds with the recommendation by the State Engineer, the cost to build the dam would increase by $300,000.00 to $400,000.00.  The City may need to re-evaluate this project and look at other dam sites.  Mayor Barney requested this issue be placed on a future agenda for discussion.
D. Planning Commission Report
Commissioner Cheyne McDonald reported that the Planning Commission approved the following: two (2) Home Occupation business licenses; the final plat for Ivins View subdivision; the final plat for the Taviawk phased subdivision in Kayenta; a casita application and a communication pole for high speed internet for portions of Kayenta.  
Mayor Barney turned some time over to Linda Elwell for a presentation on Heritage Days.  Linda Elwell indicated Kevin Smith and Kevin Warnick with the Tuacahn Amphitheatre have significantly assisted the City with sound and it is greatly appreciated.  Linda provided event schedule information for Heritage Days, a copy of which is available by request through Ivins City Hall.    

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the Planning Commission’s recommendation to consider:
1. A Proposed Amendment to a Class V Conditional Use Permit for Crescent Moon Village        (formally Kayenta Storage area) located approximately 1500 West off Highway 91 and south         of Ivins Reservoir.  Kayenta Development, Inc., applicant; and
2. A Proposed Zone Change Application for a ""Mixed Use Overlay" from C-1 (Community Commercial) to C-1 (Community Commercial) and R-M (Multiple Res. District), along with the accompanying Mixed Use Project Plan located approximately 1500 West off Highway 91 and south of Ivins Reservoir.  Kayenta Development, Inc., applicant.
Kevin Rudd provided a PowerPoint presentation explaining the proposed projects.  A copy of the presentation is available by request through Ivins City Hall.  Kevin indicated the application is in compliance with Ivins City Land Use Plan.  Kayenta has a certain amount of enclosed storage that was approved but has not been built yet and Kayenta would like to be able to maintain that square footage for a future building.  The only request for approval before the Council tonight is for two buildings labeled as number four of the presentation.  The other phases will be brought before the Planning Commission and the City Council for approval in the future.  The alternate site plan proposes an open RV parking area for Kayenta residents only.   Kevin indicated if the open storage RVs is allowed, the RVs would need to be sufficiently buffered.  Open storage is currently not allowed.  Kayenta is requesting that the City Council allow the RV storage as an amenity to the Kayenta subdivision residents and not as a commercial storage area.  If approved, it would become an accessory use under Table 33 of the Ivins City Code.  Council Member Rusick indicated that she understood from the Planning Commission meetings that the plans are temporary.  Kevin Rudd indicated that if the market picks up, the storage area may be developed and the vehicles being stored would need to be relocated.  Kevin stated the City Council could not approve the open RV storage if the Council does not feel that it would be an accessory use. 
Mayor Barney opened the Public Hearing for agenda item 4) A 1.  Hans Lundgren came forward and spoke.  He indicated he and many others were not aware of the proposed zone change and many are upset about them.  His concern is that the zone changes affect the residents due to the burdensome construction, noise and sand storms from the dust.  Rebecca Isakson came forward and indicated she was not aware of the proposed zone change but that her concern is the issue of accesses and wanted to know what other accesses there will be besides West Lake Drive.  Allen Jacovi came forward and inquired if there would be public access to the reservoir through Crescent Moon Trail.  He is concerned with shielding the RV storage area and prefers the original proposal rather than the alternative that allows open RV storage.  Jim Craig came forward and indicated his questions relate to the engineering aspects of the project and inquired if the sewer issue has been resolved in the Kayenta area.  He is also concerned with a high density development generating run off.  Pam Layton came forward and spoke.  Her concern is with the problems associated with short-term rentals.  She would like to know how noise, parking and other concerns will be addressed.  Sharon Ashton came forward and indicated any berm put in place to screen the RVs is not going to help and she will be able to see the RVs in storage.
Terry Marten with Kayenta Development came forward and spoke.  He indicated not many residents of Kayenta are involved with the Planning Commission or City Council and the parties that Kayenta was legally required to contact for the proposed zone change were contacted.  He suggested members of the community attend the City meetings so they are aware of what is happening in the City.  Regarding the sewer and engineering, Crescent Moon Trail has already been engineered with the appropriate flood control and the engineering and sewer will be addressed with the State of Utah and Ivins City’s Engineer.  He indicated that in 1992 there were five (5) people that prevented the Coyote Gulch Art Village project from occurring but that project eventually happened.  Regarding access to Crescent Moon Trail, he indicated that West Lake Drive has always been a planned corridor for the future and was created so there would be residential access to that particular area and to tie into the Kayenta property.  For safe access to the storage area, there will be access off of Highway 91.  The access off of West Lake Drive and Crescent Moon Trail will be limited to residential use only.  Regarding the open RV storage, he would like the option to have a limited amount of RV and vehicle storage in Kayenta because he constantly has inquiries of where to park cars and RVs.  Coyote Gulch started as an RV storage and then converted to galleries as the demand arose.  He is trying to create an environment that will work for the community.  Addressing the short-term rental concerns, he thinks they will be successful.  Mayor Barney closed the Public Hearing.
Mayor Barney opened the Public Hearing for agenda item 4) A 2.  Rebecca Isakson again came forward and inquired as to the number of people in the high density area when it has been built out.  Kevin Rudd indicated he would address densities.  Mayor Barney closed the Public Hearing.
B. Consider approval of:
1. A Proposed Amendment to a Class V Conditional Use Permit for Crescent Moon Village (formally Kayenta Storage area) located approximately 1500 West off Highway 91 and south of Ivins Reservoir.  Kayenta Development, Inc., applicant; and
2. A Proposed Zone Change Application for a ""Mixed Use Overlay" from C-1 (Community Commercial) to C-1 (Community Commercial) and R-M (Multiple Res. District), along with the accompanying Mixed Use Project Plan located approximately 1500 West off Highway 91 and south of Ivins Reservoir.  Kayenta Development, Inc., applicant.
Mayor Barney indicated Terry Marten has done a wonderful job with Kayenta and has been a great benefit to Ivins City.  He suggested the City consider this issue in the same way it would if this project were to be located anywhere else in Ivins and analyze the accessory use for the RV parking.  The City needs to be consistent in their analysis.  Council Member Elwell indicated a true mixed use project is flexible and allows change if circumstances change but he is concerned with the RV storage.  Council Member Hart stated the Planning Commission did a good and thorough job reviewing this project and he appreciates their recommendation.  The overall project is a good one but he is concerned with the RV parking storage and wanted to ensure that the observation deck and shading on the top floor cannot become living space.  Council Member Rusick does not have a problem with the regular storage area, as long as it does not exceed the 16,000 square feet that was originally approved and inquired if the Council is approving the original site plan or the alternate site plan.  Mayor Barney indicated Kayenta would like to use the alternate plan until it evolves into the original plan and is asking the City Council approve both site plans.  There were discussions of a Development Agreement and Dale Coulam indicated that, to avoid confusion, it would be best to put any terms or conditions for the project in a Development Agreement that is recorded with the County.  Mayor Barney likes the original plan and is concerned with the alternate plan due to the open RV storage.  Kevin Rudd addressed density.  The density is 8.6 units per acre, which is approximately 60 units.  Assuming 2 people per unit, the density would be approximately 100-150 people.  The Council discussed wording for any potential motions and Dale Coulam indicated it would be better if it could be consolidated into one motion.

MOTION:  moved to
SECOND: 
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
B. Review of Business License Ordinance
Dale Coulam indicated the City currently has a Home Office business license and a Home Occupation business license.  In the Ivins City Code Definitions section, generally a business includes all activities engaged in for the purpose of gain or economic profit and includes the sale of tangible personal property.  There is no license required for nonprofit, tax exempt businesses.  Ivins City honors business licenses from St. George and the business is not required to obtain an Ivins City business license, unless the principal place of business is in Ivins.  The Home Occupation ordinance addresses business activity from the home where conditions are imposed that are designed to protect the residential neighborhood nature.  The key issue for the City Council is to focus on what the City would require going forward.  An individual may need a business license for tax or banking purposes and the City could provide a Home Office business license upon request, but not mandate it.  The City Council determined the City will not mandate a Home Office business license and that a business license would be available if requested.  Addressing Home Occupation business licenses, Dale Coulam indicated there are individuals in the City that create jewelry, wood carvings, paintings, photographs, furniture, pottery, items that are welded and similar activities that could all be considered hobbies.  A fire inspection may be required when there is saw dust, welding or kilns.  There were discussions about how the City draws the line of a hobby becoming a business and then applying the regulations consistently throughout the City.  
Council Member Elwell indicated a business is for gain or economic profit that is reduced after costs.  He provided a personal experience of a recommended therapy that involved the creation of items and that he and his wife sold at craft fairs while he was temporarily disabled.  He indicated there was no gain financially after costs and that a Hobbyist’ purpose is different than economic gain.  Dale Coulam stated that the City cannot use gain as a measure to determine when an individual is required to obtain a business license as some commercial enterprises could also show a business loss.  Council Member Rusick spoke with the Assessor’s office regarding what triggers the Assessor’s office to send paperwork to individuals.  The Assessor’s office obtains business license information from cities and a number of other sources, including newspapers.  The paperwork is a self-assessed form and the Assessor will not go on site and make an assessment.  Mayor Barney suggested adding language to the ordinance that if a hobby or craft is a primary use and there are no employees, noise, danger and similar issues, an exception could be included.  Judy Gubler indicated the City needs to address health, safety and welfare of the City.  Mayor Barney allowed Glenn and Kathy Ravenberg to speak.  Kathy Ravenberg indicated that the ordinance is discriminatory as to how it’s enforced.  Glenn Ravenberg stated the majority of items being made are not seen.  He is aware of several other individuals in the City who are creating items for sale that do not have a business license.  Dale Coulam referred to a list of conditions contained in the ordinance that cannot be violated.  He suggested the City handle business licensing similar to that of a Home Office but that if an individual is doing business out of their home, they cannot violate any of the conditions in the list.  If there is a violation, it could be addressed through ACE (Administrative Code Enforcement) court.  The City Council agreed and requested Dale prepare and provide draft language for them to review.  Pete Kuhlmann came forward and requested that City staff be directed as to when a fire inspection is required.  Dale Coulam will address that in the draft.
C. Discuss and consider approval of Resolution No. 2009-20R "A Resolution of Ivins City, Utah, Adopting the Municipal Wastewater Planning Program

MOTION: Council Member Rusick moved to approve Resolution No. 2009-20R "A Resolution of Ivins City, Utah, Adopting the Municipal Wastewater Planning Program
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


6) CONSENT AGENDA
A. Approval of Meeting Minutes for September 3, 2009

MOTION: Council Member Rusick moved to approve the Meeting Minutes for September 3, 2009
SECOND:  Council Member Hart
VOTE: The motion carried.

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

Council Member Elwell was not present for the September 3, 2009 meeting and abstained from the vote.

7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell - no report.
Council Member Blair attended a DTEC meeting and the Utah Federal Highway Administration Administrator was in attendance and is willing to offer help.  The 2010-2014 TIP is anticipated to be approved on September 18, 2009 and if it is approved, the 200 East project will be included in that plan.
Council Member Jolley - no report.
Council Member Hart attended the Utah League of Cities and Towns conference and indicated it was informative and educational.
Council Member Rusick attended the Southwest Mosquito Abatement and Control District board meeting.  There have been no cases of West Nile virus.  The new director is doing an admiral job of disposing of chemicals the District does not need and in turn, saving money.  The District is using three times the amount of test kits in the county than it has in the past.  On October 5, 2009 she will attend a training session for individuals serving as trustees for mosquito abatement boards.
B. Mayor
Mayor Barney indicated that Red Mountain Elementary inquired as to the City’s interest in making a basket that would be donated for a silent auction.  Judy Gubler stated she will meet with Linda Elwell regarding this.
C. City Manager, Judy Gubler
Judy Gubler reported she also attended the Utah League of Cities and Towns conference.  There was one session administered by Craig Call where the topic was "Long on Vision, Short on Agenda" that would be beneficial to the Planning Commission and City Council members.  She will contact Mr. Call to determine his availability to work with the Planning Commission and City Council.  Judy is needing direction on obtaining CDBG grants.  If the Council determines to proceed with obtainng these grants, it will require an investment of time for individuals to attend the meetings.  The Council would like to proceed with trying to obtain the CDBG grants.  The northerly east and west street in the old part of town will likely qualify for the grants.  Judy has seen the horse statues that are to be placed in the roundabout and the unveiling is anticipated to be in approximately four (4) or five (5) weeks. 
D. City Attorney, Dale Coulam
No report.
E. Items to be placed on future agendas

9) EXECUTIVE MEETING - NONE

10) ADJOURNMENT

MOTION: Council Member Blair 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 10:00 p.m.

Respectfully,

Kari D. Jimenez
Ivins City Recorder