All present included Mayor Hart, Council Member Elwell, Council Member Jolley, Council Member McDonald, Council Member Roberts, Council Member Rusick, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Public Safety Director Bob Flowers, Building and Zoning Administrator Kevin Rudd, and Public Works Director Dave Glenn.
EXCUSED:  None.

Audience: Lynnette Miller with Rosenberg & Associates, Angelo DiSante, Tim and Donna Conville, Merlin and Evelynn Scott, Douglas Wiseman, Tracey Welsh, John Hopkins, Guy and Carol Mayhew, Dotti Higley, Michelle Cabana, Mike and Sabrina Higley, Melanie Grant, Virginia Jones, George Stoddard, Ron Birrell, Keith and Mary Ann Smith, Dennis Mehr, Jason Bonham, Dee Canady, Y. Ashworth, S. Van Ausdal, Matt Marten, RT Martin and others who did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Council Member Roberts led the Flag Salute.

C.	Invocation

Council Member Roberts 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.  Council Member Roberts referred to item 5)A regarding deferral of impact fees for Color Country Housing and disclosed that he lives adjacent to the subdivision where the homes are going to be built.

B.	Department Reports: Parks and Recreation and Public Safety

Parks and Recreation Director Benny Sorensen is coaching basketball and is excused from the meeting tonight.  Benny Sorensen submitted a written report prior to the City Council meeting, a copy of which is available by request through Ivins City Hall.

Public Safety Director Bob Flowers provided a 2009 year end report.  A copy of the report is available by request through Ivins City Hall.  Traffic accidents, citations, vehicle burglaries and noise complaints have decreased by nearly fifty percent (50%) from 2008.  There has been an increase in drug arrests, calls regarding animals and an increase in domestic violence calls.  Chief Flowers suggested discussing the drug task force with the City Council in a future Closed Meeting.  A Special Meeting was scheduled for Thursday, February 18, 2010 at 4:30 p.m.  Chief Flowers reported that his department is working on the animal shelter issues and anticipates providing information to the City Council in approximately thirty (30) days.  Council Member McDonald indicated that he spoke with Mike Guisinger regarding a situation that occurred at Lightfoot’s convenience store and Mr. Guisinger requested it be relayed to the Police Department that he was very impressed with Ivins Police Department and he is very appreciative.

There was no one present when the Planning Commission item was called.  The Planning Commission report was given later in the meeting.

A.	Public Hearing on Amendments to Fiscal Year Ending 06/30/2010 Budgets for:

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 Fund

7.	Storm Drain Fund

8.	Perpetual Care Fund

9.	Economic Development Agency

10.Mu

nicipal Building Authority

Judy Gubler provided a PowerPoint presentation on the budget.  A copy of the presentation is available by request through Ivins City Hall.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public hearing.
Council Member Rusick inquired if the revenue for animal control included the amount of $1842.00 and Judy Gubler indicated it does.  The $1842.00 is identified under "Animal Shelter Donations".  Council Member Rusick referred to page six (6) of the budget regarding Economic Development and indicated she recalls funds being budgeted for the Economic Development account previously.  There is now a line item entitled "Economic Development Project" and there are no funds budgeted for the Economic Development.  Judy Gubler indicated that is correct but that the funds budgeted this year for Economic Development are line item 10-80-611 in the account description "Washington County Economic Development Council", which is new this year.  Director of Finance Alan Rae clarified that the whole section of 10-80 account numbers is the Economic Community and Economic Development.  Council Member Rusick referred to the section regarding making in-kind donations to organizations and indicated those may pertain to the Ivins Tourism Council as well as the Southern Utah Music Institute and inquired if the City could amend the current budget to include those funds.  Dale Coulam clarified that for donations the City has already made, those donations have been included in the current budget.  A Public Hearing is required for items that are not currently budgeted for and suggested breaking down items in the future.  The Southern Utah Music Institute (SUMI) item that is on the agenda for discussion tonight is not budgeted for and the City is not able to add it to the budget now, but it could be included in the budget for next year.

B.	Discuss and consider approval of Amendments to Fiscal Year Ending 06/30/2010 Budgets

MOTION: Council Member Roberts moved to approve the amended Fiscal Year Ending 06/30/2010 Budget.
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Jolley	AYE
Council Member McDonald	AYE
Council Member Roberts	AYE
Council Member Rusick	AYE

Kevin Rudd reported that the Applicants are going through the subdivision process so that they can sell the casitas as condominiums to individuals, which is similar to what Red Mountain Spa does.  There will be two phases and the plan will require a Development Agreement.  The application is complete and complies with the Subdivision and Zoning Ordinances as well as with the General Plan and the TRC (Technical Review Committee) recommends approval of this concept plan.

Chairman Mehr reported that the Planning Commission discussed the concept plan for Casitas at the Ridge that Kevin Rudd just reported on.  The Planning Commission also held a Public Hearing regarding an amendment to the Zoning ordinance relating to domestic livestock.  The Planning Commission has forwarded a recommendation for approval of the amendment to the City Council. 

There were several Citizen Comment forms submitted.  Mayor Hart informed the citizens that the City Council will not act on the requests but may make the determination that the request be placed on a future agenda.  William Craig came forward and indicated that he has contacted all of the property owners on his side of the street and all but one (1) of the neighbors is interested in cost sharing with the City for street improvements on 200 North between 100 West and 200 West.  He read from a prepared statement, a copy of which is available by request through Ivins City Hall.  Judy Gubler explained that owners of the properties on the north side have signed agreements, as well as owners of properties in the 100 South area.  The City Council agreed that this item should be discussed as an agenda item at the next City Council meeting.
Two Citizen Comments were submitted by Melanie Grant regarding agenda item 5B on the agenda tonight.  Those comments were deferred and will be addressed when item 5B is addressed.
Mary Ann Smith came forward on behalf of herself and several others present who are concerned with dirt that blows into their homes, lungs and air from lots that have little or no vegetation.  She offered a number of solutions to hold down the dirt.  Dale Coulam indicated these are private property issues but that some of the issues will be discussed tonight under agenda item 5E.
Colin Harrison came forward and indicated he is associated with the Parole Board and requested that Ivins City allow the use of convicted felons for free labor in the City.  The City Council agreed that this item should be discussed as an agenda item at the next City Council meeting.  Council Member Elwell requested an opinion paper from Chief Flowers.

A.	Discuss and consider approval to defer impact fees for Color Country Housing

Dotti Higley with Color Country Housing indicated Color Country is a non-profit organization that provides low income housing and recently purchased some lots in the Ivins Vista subdivision where six (6) homes will be built.  Each household is required to contribute thirty (30) hours of work per week to build the homes.  The families that are qualified have good credit, work hard and are not able to move into any of the homes until all of the homes are built.  The neighborhood works as a team to complete the homes.  Color Country is requesting Ivins City defer the payment of impact fees.  Judy Gubler indicated that a deferral at this point in time does not impact the budget as much as it would if there were current projects being built.  Impact fees that are collected are required to be spent on the project within six (6) years of being collected.  Dale Coulam indicated that as previously discussed, a deferral is allowed for limited reasons, one being for low to moderate income housing.  A waiver would be a more difficult proposition and in other communities there is a long term Deferral Agreement but he would advise against that.  He suggested that the sale or refinance of the home could be used as a trigger for paying back the deferred impact fees.  Dotti Higley indicated that in Springdale it is triggered by the sale or refinance of the home.  Council Member Roberts indicated that if the City defers impact fees for Color Country, they should defer for everyone and thinks that individuals should have to work towards homeownership.  Council Member Rusick indicated the individuals who are working with Color Country have to work thirty (30) hours a week building the homes.  Council Member Roberts indicated individuals could alternately work part-time jobs for 30 hours a week to save money for a twenty percent (20%) down payment.  Council Member Rusick indicated that the City should defer the impact fees but have a date certain or payment plan.  Dotti Higley indicated that a payment plan would be a debt and the individuals qualified to build the homes would likely not qualify if a payment plan was required.  The Mayor and City Council discussed time frames and options for repayment of any deferred impact fees.  Council Member McDonald inquired as to grants being available to Ivins if the City participates in providing low income housing.  Judy Gubler stated that Hurricane City waived impact fees for affordable housing and was later approved to use CDBG grant money to off-set the costs.  Mayor Hart indicated that Ivins City is required by state law to provide low income housing.  
The Mayor and City Council Members, with the exception of Council Member Roberts, are in favor of deferring impact fees and determined the City would defer five thousand ($5,000.00) for each of the six (6) families and that the sale or refinance of the home would trigger repayment of the deferred impact fees.  They would prefer that the impact fees be paid within a ten (10) year time frame and directed the City Attorney to work with Color Country Housing regarding that.

MOTION: Council Member Rusick moved to defer $5,000.00 in impact fees for each of the six (6) families in the Color Country project.  Further, that Dale Coulam will draw up an agreement after he is in receipt of information from Dottie Higley regarding the ten (10) year time frame and that the city will look into grant money to potentially be used to offset for lower income housing.  Repayment of the deferred impact fees will be triggered upon the sale or refinance of the home.  
SECOND:  Council Member Elwell

VOTE: The motion carried.

Council Member Elwell	AYE
Council Member Jolley	AYE
Council Member McDonald	AYE
Council Member Rusick	AYE
Council Member Roberts	NAY

B.	Discuss and consider access by 431 S. 175 E. (APN I-WHMH-3) onto 200 East

Mayor Hart referred to the Citizen Comments submitted by Melanie Grant.  Melanie Grant came forward and referred to dual access lots and on-street parking that is now part of the Master Plan.  Ms. Grant requested that she be allowed to have access from her property onto 200 East and is concerned that the on-street parking would not be a permanent long term solution and may be taken away.  Dale Coulam indicated that the issue on the agenda tonight is access to 200 East for Ms. Grant’s property.  The Council would need to determine if there are sufficient facts for Ms. Grant’s property that would justify that property retaining access on 200 East even though access may be denied to the other properties on 200 East.  An example may be that the home existed years before the subdivision was approved.  If the Council found a convincing reason to justify why Ms. Grant’s property is different from the others and is supported by substantial evidence, that reason or justification must be a specific finding of fact.  Council Member Roberts indicated that the home was built prior to the subdivision and that Ms. Grant should be able to retain access to 200 East for her property.  Council Member McDonald agreed.  Council Member Rusick inquired as to when the remaining homes were built.  Dale Coulam indicated they were all part of the subdivision and that Ms. Grant’s home is the only home that existed prior to the subdivision plat being recorded.  Council Member Rusick inquired as to four (4) or five (5) other individuals that were making the same request along with Melanie Grant and if Ms. Grant were to be given access, how would the ruling affect the others that request access.  Dale Coulam indicated that when Ms. Grant last approached the City Council, she made it clear that if the other properties were going to sink, she wanted her property to be considered without the other properties.  Regarding the other parties wanting access, that request would be governed by the Resolution that addresses reconsideration.  Council Member Elwell indicated that if there is room on the property for a circular drive, that is preferred rather than backing onto 200 East and that the only compelling argument for access onto 200 East is that her home was in place long before the subdivision.  Addressing the safety aspects, Council Member Elwell would favor an exception for access onto 200 East with the caveat that the property be able to produce a circular drive.  The other Council Members agreed.  Council Member Rusick inquired if access for Ms. Grant’s property is allowed, if that property would retain the 200 East address.  Judy Gubler indicated that the addresses have been changed and for public safety purposes it would be best to leave the addressing as it is from 175 East.

MOTION:  moved to
SECOND: 

MOTION: Council Member Elwell moved to amend his Motion to include that the homeowner be responsible for the curb cut.
SECOND:  Council Member Rusick

Prior to the above vote, there was a discussion on the Motion.  Council Member Roberts indicated that before a vote is taken, he would like the City to pay for the curb cut.  Mayor Hart opened the motion for discussion.  Council Member Roberts indicated that had the access to Ms. Grant’s home been approved initially, the City would have provided the curb cut.  Judy Gubler indicated two (2) curb cuts would be required and in the spirit of compromise suggested splitting the cuts fifty percent (50%).

VOTE: The motion failed unanimously.

Council Member Elwell	NAY
Council Member Jolley	NAY
Council Member McDonald	NAY
Council Member Roberts	NAY
Council Member Rusick	NAY

MOTION: Council Member Roberts moved provide the same Motion as Council Member Elwell except for the City will pay for half of the curb cut for the circular drive and the homeowner will pay for the other half.
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Jolley	AYE
Council Member McDonald	AYE
Council Member Roberts	AYE
Council Member Rusick	AYE

C.	Discuss and consider request for $1000 and in-kind donations for the Southern Utah Music Institute

Council Member Rusick referred to the budget discussion earlier tonight and indicated it appears the City is not able to make a donation tonight but that in the future the City should consider an ordinance that authorizes a city or town to make gifts and that contributing to the SUMI would give the Economic Development a boost.  Council Member Roberts inquired if the SUMI is a 501(c)3 organization.  Jason Bonham indicated that it is in the process of becoming a 501(c)3 non-profit organization.  The City Council would like to budget for a donation to the SUMI in the next fiscal year budget and instructed the City Attorney to create an ordinance that authorizes a city or town to make gifts.

D.	Discuss and consider approval of wayfinding signage program including size, wording and placement - Ivins Tourism Council

Mayor Hart indicated he has had a number of positive comments from residents about the signs.  The Mayor and City Council like the signs and the height of the taller signs is not an issue.  Council Member Elwell likes the height and number of panels on the sign that is on Snow Canyon Parkway due to the visibility and view and indicated if the shorter signs have the same number of panels on them, it would obstruct the horizontal view.  He is comfortable with the short signs having four (4) panels and the taller signs having six (6) or more panels.  Council Member Rusick prefers the tall signs and is able to see through the bottom of the panels and indicated the shorter signs are not as attractive as the taller signs.  Council Member Roberts likes the height of the signs based on where they are located and indicated the City should not have one standard height.  The Mayor and City Council thanked the Ivins Tourism Council for their work.  Lance Anderson thanked the City workers for assisting with installation of the signs.

E.	Discuss and consider approval of Ordinance No. 2010-02 an Ordinance of Ivins City, Utah, Adopting regulations for Storm Water Pollution Control

Dave Glenn indicated adoption of a Storm Water Pollution Control ordinance is required by the EPA (Environmental Protection Agency) and the State of Utah.  There was an audit conducted by the state and the City was told it needed to adopt the ordinance within thirty (30) days.  It is not clear what the thirty (30) day window date is from.  To date, the City has not received the written audit report from the State of Utah.  The ordinance that is before the City Council tonight meets the minimum State requirements.  Dave Glenn noted that the portion of the ordinance relating to grading is not a State requirement and if the Council would like to address grading issues separately, that can be removed from the ordinance.  The Mayor and City Council referred to the Citizen Comment made by Mary Ann Smith on behalf of herself and several others present who are concerned with dirt that blows into their homes, lungs and air from lots that have little or no vegetation.  Judy Gubler indicated the the parcel under discussion is approximately five (5) acres.  There are competing interests, those being weeds or bare land.  The Mayor and City Council discussed the required ordinance at length and expressed concern that this federal mandate was extremely difficult to understand, was difficult to comply with, and carried severe penalties if the city did not comply.  The City Council agreed that they would not adopt the ordinance tonight but requested Dave Glenn find out what the thirty (30) day time period date is from.  Mayor Hart will discuss this issue with the other Mayors in the County at their Mayors meeting and then report back to the City Council.  The City Council will address the grading portion of this ordinance in a separate ordinance at a future City Council meeting.

F.	Discuss and consider approval of Ordinance No. 2010-05 an Ordinance of Ivins City, Utah, adding a chapter to the Ivins City Code regarding the Storm Water System

Dave Glenn indicated this is a house keeping item to establish the Storm Drain utility.  The Mayor and City Council discussed a grammatical change to the Ordinance.

MOTION: Council Member Elwell moved to approve Ordinance No. 2010-05 an Ordinance of Ivins City, Utah, adding a chapter to the Ivins City Code regarding the Storm Water System, with the minor correction under 10.05.205 to read "but" instead of "and" may... 
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Jolley	AYE
Council Member McDonald	AYE
Council Member Roberts	AYE
Council Member Rusick	AYE

Roll call vote.  All Council Members voted in favor.

G.	Discuss and consider approval of Ordinance No. 2010-03 an Ordinance of Ivins City, Utah, Adopting regulations regarding Roundabouts

Dale Coulam indicated there is a safety concern with individuals entering the central islands of roundabouts and currently there is no law that prevents individuals from doing so.  The proposed ordinance prohibits individuals from entering into the central island of a roundabout.  The Mayor and City Council discussed the ordinance and decided it should be an infraction to enter onto the central island of a roundabout.  The purpose of placing a roundabout is to increase traffic safety and that would be defeated if pedestrians are allowed to enter into the center islands.

MOTION: Council Member Rusick moved to approve Ordinance No. 2010-03 adopting regulations regarding Roundabouts with the statement that the penalty will be an infraction, the language to be added by the City Attorney.
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Jolley	AYE
Council Member McDonald	AYE
Council Member Roberts	AYE
Council Member Rusick	AYE

Roll call vote.  All Council Members voted in favor.

H.	Discuss and consider the number of individuals and names of individuals to sit on the Economic Development Council

Council Member Jolley submitted the names of Daren Barney, William Cottam, Glen Labrum, Troy Nelson and Kevin Smith.  Council Member McDonald submitted the name of David Warner.  Council Member Roberts submitted the name of Bill McNair and Brent Ence.  Council Member Rusick submitted the name of Byron Theurer and Mayor Hart submitted the names of Dave Toth, Alan Madsen, Steve Caplan, Jon Clemmens, Dennis Whimmer and Lesley Mendenhall. 
Mayor Hart will contact the above named individuals to assess their interest and then make a recommendation at the next City Council meeting for an individual to Chair the Economic Development Council.

I.	Discuss and consider approval of Resolution No. 2010-03R a Resolution of Ivins City, Utah, Appointing a Committee Chair to The Fitness Festival Committee

Council Member Rusick referred to a grammatical change in the Resolution.

MOTION: Council Member Elwell moved to approve Resolution No. 2010-03R a Resolution of Ivins City, Utah, Appointing D. Scott Raine as Committee Chair to The Fitness Festival Committee with the correction of Committee chair "of" Fitness Festival Committee in two places
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Jolley	AYE
Council Member McDonald	AYE
Council Member Roberts	AYE
Council Member Rusick	AYE

Roll call vote.  All Council Members voted in favor.