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
October 22, 2009

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:28 p.m. and announced there was a quorum present.
All present included Mayor Pro Tem Elwell, Council Member Blair, Council Member Hart, Council Member Rusick, and City Recorder Kari D. Jimenez.
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, and Public Works Director Dave Glenn.
EXCUSED:   Council Member Jolley
Mayor Barney was excused.
Audience: Kenneth Anderson, Rob Reid, Steve Kemp, Rick Wells, Tamara Clark, Commissioner Cheyne McDonald 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
Mayor Pro Tem Elwell and the other City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Proposal to lease a portion of Pond Park for 4H
Dale Coulam indicated Vernon Parent brought this proposal to the City.  Mr. Parent had a scheduling conflict tonight but provided a written proposal to the City Council.  A copy of the proposal is available by request through Ivins City Hall.  The 4H is interested in using a portion of Pond Park to raise animals through the winter months.  There will be a Lease Agreement that will set forth the terms.  The City Council agreed that the 4H program is a worthwhile program.  Dale Coulam will work with Vernon Parent on the lease agreement and bring it back to the City Council for review and consideration.
B. Department Reports: Building Department, Public Works and Engineering
Dave Glenn provided a monthly Public Works Summary of Operations report and photos of badly installed pipes that have caused extra work for Public Works.  A copy of the report and photos are available by request through Ivins City Hall.  Council Member Elwell indicated he appreciated the photos so citizens know what the City is doing when repairs are made.
Charles Gillette provided a monthly Engineering Report to the City Council.  A copy of the report is available by request through Ivins City Hall.  
Kevin Rudd provided a monthly code enforcement activity report to the City Council.  A copy of the report is available by request through Ivins City Hall.  Code Enforcement Officer Skip Blythe is resigning at the end of this year.  Kevin Rudd reported on the following: The City is averaging three (3) building permits a month; the TRC met with High Mark Development regarding Vista Charter School and discussed the proposed expansion.  The number one concern regarding Vista Charter School is the traffic problem.  The City will not approve additional phasing until the traffic issues have been addressed.  Also reported on was the formation of a Design Review Committee (DRC) that would be an arm of the TRC (Technical Review Committee).  The current members of the DRC are Kent Byland, a landscape specialist involved with the Split Rock’s Reserve at Entrada, Ward Dawson of Kayenta and Bret Hinkey, an Engineer.  The DRC will review plans and provide a report that is included with the TRC reports that are reviewed by the City Council.  Council Member Hart indicated he would also like to see a Land Planner on the DRC.  Council Member Rusick inquired if the landscaping would still be maintained by the Parks and Recreation Department.  Kevin Rudd indicated that the DRC would be another set of eyes looking at the landscape design, in addition to the Parks and Recreation Director Benny Sorensen.  Benny Sorensen would sign off on the landscape plans due to his department taking care of City landscaping.  Kevin Rudd reported that his department has been assigned the responsibility of taking care of the City Hall building and that the drive-up window has been installed and is nearly finished.
C. Planning Commission Report
Commissioner Cheyne McDonald reported on the following:  The Planning Commission approved one (1) Home Occupation business license; approved a sign permit application with conditions for Kayenta; discussed changes to the business licensing ordinance and met with Form Tomorrow representatives.

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 approve a Proposed Amendment to a Class V Conditional Use for Fitness Ridge Spa and Resort located at 760 South 200 West.  Sum Ting Foo Nee LLC and Fitness Ridge LLC, owners and Tamara Clark, applicants
Kevin Rudd indicated that as the Fitness Ridge project grows and the economy changes, the plans change.  Fitness Ridge is now associated with the TV reality show "The Biggest Loser".  The proposed amendment increases the project from 5 acres to 11.3 acres.  He referred to the site plan, a copy of which is available by request through Ivins City Hall.   The DRC (Design Review Committee) reviewed the formal landscape plan and the buildings and were concerned that the public view from highway 91 would be long, uninterrupted side bare walls on the casita buildings.  The DRC will work with the owners’ architect to make any recommended changes.   The TRC (Technical Review Committee) reviewed the amended project and recommends approval. 
Mayor Pro Tem Elwell opened the Public Hearing.  Rick Wells, the Architect for Fitness Ridge commented on the facades from highway 91.  He is happy to work with the DRC.  It is the intent of Fitness Ridge to make sure the owners and the City are happy with the design.  The Buildings nest together and will tie in with the existing facilities.  Steve Kemp came forward and thanked Tamara Clark and her group for bringing this project to Ivins and expanding the project.  Mayor Pro Tem Elwell closed the Public Hearing.
B. Consider approval of a Proposed Amendment to a Class V Conditional Use for Fitness Ridge Spa and Resort located at 760 South 200 West.  Sum Ting Foo Nee LLC and Fitness Ridge LLC, owners and Tamara Clark, applicants
Council Member Hart directed his comments to Tamara Clark and indicated that she has done a great job and that what she and her group have accomplished with NBC is great.  He also complimented Fitness Ridge on the building design.  Council Member Blair agreed and indicated the project is an excellent addition to the area.  Council Member Rusick and Council Member Elwell agreed. 

MOTION:  moved to
SECOND: 
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT


5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider potential CDBG projects
Judy Gubler referred to a map identifying areas of the City that would meet the low to moderate income requirements.  A copy of the map is available by request through Ivins City Hall.  The survey is already complete for the Indian Shadows area and the City could plan to proceed with an extension of that project if the City Council determined that is the area to focus on.  The City is not guaranteed to receive the grant funds but has requested the maximum amount of funding in the amount of $450,000, assuming the City could match $150,000 over a two year period.  
The City Council discussed the potential eligible areas to be improved under the CDBG grant and determined the City would focus on the Indian Shadows area as the current CDBG project.  Judy Gubler indicated the process requires a Public Hearing and the City will proceed with that process.
B. Discuss and consider potential City contribution for underground power
Judy Gubler indicated there is a property owner who would like to place his power underground and would like the City to contribute to the project.  The City Council discussed the benefits of locating power underground and contributing a percentage to these projects.  The City Council determined the City would contribute twenty percent (20%) to the cost of placing underground power.  Judy Gubler and Dale Coulam will draft a policy for review by the City Council.
C. Discuss and consider approval of Ordinance No. 2009-14 "An Ordinance of Ivins City, Utah, Approving a Zone Change from C-1 (Community Commercial) to Mixed Use Overlay C-1 (Community Commercial) and R-M (Multiple Residential) for Property Located Approximately 1500 West off Highway 91 and South of Ivins Reservoir

MOTION: Council Member Rusick moved to approve Ordinance No. 2009-14 as stated by the Mayor Pro Tem.
SECOND:  Council Member Hart
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT

Roll call vote.  All Council Members that were present voted in favor.  
D. Discuss and consider Storm Water Management Program
Dave Glenn indicated this is an update to the original plan of 2004.  The program is updated every three to four (3-4) years.  Council Member Rusick referred to grammatical changes in the document that need to be made.
E. Discuss and consider approval of Resolution No. 2009-21R "A Resolution of Ivins City, Utah, Adopting Ivins City’s Updated Storm Water Management Program

MOTION:  moved to
SECOND: 
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT

Roll call vote.  All Council Members that were present voted in favor.
F. Discuss and consider approval of expenditure of $14,000 for generator (including installation) for Emergency Operations Center at City Hall
Judy Gubler indicated this has been discussed for several years and Kevin Rudd researched and priced generators.  The City previously budgeted $25,000 for a generator.  The generator would be able to run the City building, with the exception of all of the air conditioning.  The City Council discussed the need for the generator and determined it is necessary for emergency planning and the price is economical.  

MOTION: Council Member Rusick moved to approve the expenditure of $14,000 for the generator, including installation, for the Emergency Operations Center at City Hall.
SECOND:  Council Member Hart
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT

G. Discuss and consider approval of disposing of aging Public Safety vehicles
Judy Gubler clarified that the City Council previously approved surplusing the Public Safety vehicles but indicated the Public Safety department is asking that they be allowed to surplus the vehicles by means other than running an ad in the paper.  The City Council agreed. 

MOTION: Council Member Hart moved to approve disposing of aging Public Safety vehicles according to the table that was presented.
SECOND:  Council Member Blair
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT

H. Discuss and consider expenditure and award of 2009 Road Maintenance Contract
Judy Gubler requested this item be tabled due to additional items that need to be researched.

MOTION: Council Member Blair moved to table item H.
SECOND:  Council Member Hart
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT


6) CONSENT AGENDA
A. Approval of Meeting Minutes for October 8, 2009

MOTION: Council Member Rusick moved to table Consent Agenda item A.
SECOND:  Council Member Hart
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell - no report. 
Council Member Blair reported there was a DTEC meeting held yesterday.  They discussed signage to the City and to the recreation areas.  There was a question as to the status of Tuacahn Center for the Arts being a for-profit or non-profit organization.  Council Member Hart indicated Tuacahn is a non-profit organization.  
Council Member Jolley - Excused.  
Council Member Hart reported he attended a Mayor’s meeting on behalf of Mayor Daren Barney.  The meeting was with Lieutenant Governor Bell and three (3) State Legislators.  Hurricane City is taking drastic measures to stay within their budget including a furlough program, reducing staff by 35% and some other smaller adjustments.  
Council Member Rusick referred to item 9 on the agenda and inquired as to the status of using the term "Closed Meeting" instead of "Executive Meeting" as she reported at the previous City Council meeting.  The City Recorder indicated Staff is working to make that change.  Council Member Rusick also inquired as to the status of the weed problem at the Villas of Bellagio.  Judy Gubler indicated she will report on that later in the meeting.
B. Mayor
Excused.
C. City Manager, Judy Gubler
Judy Gubler reported on the weed problem at the Villas of Bellagio.  That property is now bank owned and will go through the ACE (Administrative Code Enforcement) procedure.  Half of the buffer on that property is City property and the City does not want to enter onto the private property portion without an ACE court order first.  The weeds that are in the right-of-way will be mowed.  Judy Gubler indicated that removing weeds increases dust.  Council Member Hart indicated that once the weeds are cleared, it is less expensive to spray the weeds than it is to clear the weeds once a year. 
Judy Gubler reported that she received a voicemail from individuals visiting from California regarding the horses in the roundabout.  The individuals stated that they are the most spectacular art and entry to the City.  
Judy is working with the Director of Finance, Alan Rae and a bonding consultant.  It is a good time to bond due to bonding rates and construction costs being extremely low.  The City is also paying off one bond in 2010 and another bond in 2011.  The City is analyzing the financial condition of the City to see if bonding is something that should be recommended to the City Council. 
Council Member Hart referred to the horse statues in the roundabout and indicated there is a misunderstanding that the City has expended the funds for those.  He requested it be mentioned in the newsletter that the City did not expend the funds for the bronze horse statues.  Judy Gubler indicated that the City has addressed this issue in the past but that it will be referenced in the newsletter again.  Judy referred to a Notice of Availability Environmental Assessment letter and map, a copy of which is available by request through Ivins City Hall, regarding the placement of wind testing towers.
D. City Attorney, Dale Coulam
Dale Coulam reported that he attended a Land Use Conference.  Attention was focused on lawsuits against cities.  He thanked and complimented the City Council on never approaching those various situations which gave rise to the lawsuits discussed at the conference. 
E. Items to be placed on future agendas

9) EXECUTIVE MEETING

10) ADJOURNMENT

MOTION: Council Member Hart moved to adjourn
SECOND:  Council Member Blair
VOTE: The motion carried unanimously.

Mayor Pro Tem Elwell AYE
Council Member Blair AYE
Council Member Hart AYE
Council Member Rusick AYE
Council Member Jolley ABSENT

The meeting adjourned at 7:35 p.m.

Respectfully,

Kari D. Jimenez
Ivins City Recorder