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
December 3, 2009

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:33 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 Robert Flowers, City Engineer Charles Gillette, and Planning Commissioner Cheyne McDonald.
EXCUSED:  None.
Audience: Steven Roberts, Matt Marten, Lance Anderson and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute
Council Member Jolley led the Flag Salute.
C. Invocation
Council Member Jolley 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. Department Reports: Parks and Recreation and Public Safety
Benny Sorensen reported that registration for basketball has been extended through the end of the week due to a decrease in registrations.  
Chief Flowers reported on the following: The end of year statistics are slightly higher than last year; Bob met with Sheriff Smith regarding the possibility of a few Ivins City Police Officers assisting with County investigations; his department met with Tuacahn regarding traffic for the 2010 season; Ivins Police Department has been awarded funds that will pay for one officer's wages plus a vehicle and benefits for 2 years at no cost to Ivins City; a new EMT class is starting.  The EMT class is a recruiting tool.  If an individual attends the EMT class and volunteers on the ambulance, the City will pay for their EMT class.  
Council Member Elwell referred to funds the City was going to contribute to the Trap-Neuter-Release (TNR) program and expressed concerns relating to policies, procedures and ordinances regarding animals and specifically the tracking of revenues received from the recycling program that is for the benefit of the Ivins animal shelter.  There was a lengthy discussion regarding these concerns.
B. Planning Commission Report
Commissioner Cheyne McDonald reported the Planning Commission tabled their discussion and review of the zoning ordinance until the first meeting in January, 2010 and discussed the intent and format for a Work Meeting with public comment on the Table of Uses for Nonresidential Zoning Districts.  That Work Meeting will be scheduled after a joint meeting with the City Council and Planning Commission in the first quarter of 2010.

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

4) PUBLIC HEARING AND ACTION ITEMS - NONE

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider adjustment of Transportation Impact Fees for proposed expansion of Xetava Gardens Café - Greg Federman
Judy Gubler indicated Staff prepared a report that outlines how Transportation Impact Fees are calculated for a Quality Restaurant.  A copy of the report is available by request through Ivins City Hall. 
Greg Federman spoke to the City Council and outlined his request for the City to exempt his restaurant business expansion and re-location from being assessed any impact fees.  He would like to move his business next door into an existing building and expand the inside seating from 18 seats to between 30 and 45 seats.  The outside seating would remain the same.  A copy of the written request is available by request through Ivins City Hall.  The Mayor, City Council and City Attorney discussed the pros, cons and legal issues of completely waiving the impact fees and the option of transferring and crediting the business for the current inside seating of 18 seats and then deferring payment of impact fees for the expansion of seats at the new location.  It was determined that based on the business currently being an existing and established business, and having paid impact fees at the time of establishment, impact fees would only be assessed on the inside seating expansion portion of the business and that the payment of the assessed impact fees would be deferred with half to be paid at the time of the building permit and the other half within 18 months and as outlined in an agreement that the City Attorney will prepare.  The business owners will work with Staff over the next 30 days to finalize the number of indoor seating to be expanded.  Mayor Barney requested the agreement narrowly define the deferral of impact fees being based on the business being an existing business expansion, a major anchor in the Coyote Gulch Kayenta Community, the current condition of the economic times and that it is consistent with the General Plan of Ivins City. 

MOTION: Council Member Rusick moved to adjust the proposed impact fee for Xetava Gardens Cafe, based on a formula of $516.89 for each seat in the new restaurant above the eighteen (18) inside seating in the existing location.  The final number to be determined by the plan that is approved for the restaurant, based on the finding that this is not a new restaurant, it is an existing business that is expanding a short distance away from where it is presently located and that it is an anchor business for the important Coyote Gulch commercial area that is key to the city.
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


MOTION: Council Member Rusick moved to amend the above motion, to include the fee that is calculated will be paid one-half at the time of the start of construction and the remaining amount to be paid eighteen months after that date.
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

B. Discuss duration of handbill permits and residential solicitation permits
Judy Gubler indicated this item was brought forward after the City received a letter from an individual with Schwan’s Food Service.  A copy of the letter is available by request through Ivins City Hall.  Dale Coulam referred to another letter that may be a future agenda item for discussion.  The City received a letter from the publisher of Today in Dixie newspaper, disputing that publication being classified by the City as a handbill.  It was determined that publication qualifies as a newspaper and does not require a handbill permit and as such, will not need to be a future agenda item. The City Council discussed the current requirements of the handbill and residential solicitation permits and the benefit of the services that reputable companies provide to the community.  It was determined that a handbill will be issued as a temporary thirty (30) day permit and if there are no complaints or issues within that time period, the City can issue an annual permit.  Dale Coulam will revise the ordinance for the Council to review and consider at the next City Council meeting. 

6) CONSENT AGENDA
A. Approve expenditure of $14,000 for the construction of Contract No. 09-08 200 East Hafen Street Improvements
B. Approval of Meeting Minutes for November 5, 2009
C. Approval of Meeting Minutes for November 19, 2009

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell indicated there has not been a City Manager evaluation in a long time and that evaluation should be done by the current City Council.  Judy Gubler clarified that the last City Manager evaluation was done by the Mayor, as directed by the City Council, and was done in July of this year, at the same time that all of the City employee evaluations were conducted.  Council Member Elwell requested that the current City Council Members and the City Council elect be provided copies of policies, procedures and ordinances relating to animal control and volunteers, the City Manager’s employment contract and that the ordinance creating the City Manager position be reviewed.  Council Member Elwell reported that he received a call from an individual in Leeds who has indicated she will be donating locally to the Ivins Animal Shelter because Ivins is the only municipality in the area that has a No Kill animal shelter.  
Council Member Blair - no report. 
Council Member Jolley indicated this time of year presents opportunities to assist families and inquired if the City Council would be willing to help a family in the community.  The Council indicated that is a great idea and will provide names of families to Mayor Barney for his consideration.  Donations can be made with gifts or cash.  The organization Coins for Kids is also a resource and the Toys for Tots box is now in the front lobby of City Hall.  
Council Member Hart - no report.
Council Member Rusick - no report.
B. Mayor
Mayor Barney reported that he met with a gardening enthusiast, Don McRae.  Mr. McRae is interested in starting a community garden on some land in Pond Park.  The community garden would provide individuals and families the opportunity to grow their own food.  The City Council determined that would be a good idea and directed the City Attorney to draft an agreement and bring it back to the City Council in the future for review.
Mayor Barney apologized to the City Council for the meeting getting out of order tonight.  He indicated that in his experience in working with different Mayors and others in the County, without hesitation he would say that the (Ivins) City Manager and Staff are by far some of the best people in the County and he really appreciates all of them.  Mayor Barney indicated Judy Gubler does a wonderful job and is a wonderful City Manager.  Council Member Elwell apologized for his conduct.
C. City Manager, Judy Gubler
Judy Gubler reported on the following: the landscaping in the roundabout is being completed; the City Attorney is addressing issues with Barnes Bank not releasing money to the City after lighting improvements were complete; James Young in the Public Works department has resigned; the CDBG grant in the amount of $300,000 for improvements was submitted; the Christmas Party will be on Friday, December 18th at 7:00 p.m. at Tuacahn High School and it is Ivins 75th Anniversary in 2010.  Ivins was incorporated on August 6, 1935.  Emma Fife provided some history to the City that will be incorporated into the Heritage Days Festival. 
D. City Attorney, Dale Coulam
No report.
E. Items to be placed on future agendas

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member Jolley moved to adjourn
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

The meeting adjourned at 7:45 p.m.

Respectfully,

Kari D. Jimenez
Ivins City Recorder