All present included Mayor Hart, Council Member Elwell, Council Member McDonald, Council Member Jolley, Council Member Roberts, 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, City Engineer Chuck Gillette, Building and Zoning Administrator Kevin Rudd, and Public Works Director Dave Glenn.
EXCUSED:  None.

Audience: Kathy Thornton, Ted Thornton, Kenneth Anderson, Angelo DiSante, Lance Anderson and others who did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Council Member Elwell led the Flag Salute

C.	Invocation

Council Member Elwell gave the Invocation

D.	Disclosures

Council Member Jolley and Council Member Roberts disclosed they reside in the Special Assessment Area in relation to agenda item 5)D.  There were no other disclosures or conflicts of interest with items on this meeting’s agenda.

A.	Annual Update on the Binnie Program and Presentation of Money Earned - Jenifer Winward

Jenifer Winward provided a PowerPoint presentation, a copy which is available by request through Ivins City Hall.  There are currently forty (40) binnie sites in Washington County.  There are also three (3) binnie sites in Zion National Park, one (1) in Kolob and five (5) in Cedar City.  The Washington County Recycling Program (WCRP) is running a pilot program to collect cardboard at two (2) binnie sites.  In 2010 more than 2.6 million pounds of recycling products were collected.  This year the money earned from collected material and presented to the Cities represents fifteen (15) months worth of collections and the WCRP is working on presenting the funds to each City for the money earned from recycling on a yearly basis.  Previously the Ivins City Council designated the earned funds be used to support the Ivins No Kill Animal Shelter.  The Mayor and City Council agreed that the funds received for 2011 will be used for the same purpose.  Jenifer Winward presented Mayor Hart with a check for $6,226.08 and thanked them for their support.  The Mayor and City Council thanked Jenifer for the work she has done with the recycling program.

B.	Department Reports: Parks and Recreation and Public Safety

Judy Gubler provided a written report on behalf of Parks and Recreation Director Benny Sorensen who is coaching basketball tonight.
Fire Chief Kevin Gildea reported on behalf of the Public Safety Department.  A warrant was served and a substantial arrest made in Ivins for individuals selling the illegal substance known as Spice.  The Public Safety Department is working with Tuacahn on a fun run and car show event.  A fire school for the entire State of Utah was held in St. George with over six hundred (600) firefighters attending the twenty-three (23) day course.  There is a zero match grant for eight thousand dollars ($8,000.00) available to upgrade equipment used to respond to a heart attack patient.  The Fire Department received a two hundred dollar ($200.00) donation from a family that the Fire Department assisted in changing their smoke detectors on New Years Day.  The Fire Department purchased smoke detectors and batteries with the donation.

C.	Planning Commission Report

John Reed reported that the Planning Commission discussed the Class IV Conditional Use for the LDS Chapel/Church.  Some residents are concerned with the anticipated traffic on 300 South, drainage from the structure, the maintenance or other hazards of the gap that is created when parallel walls are placed and landscape trespass.  The Planning Commission addressed the drainage, the wall gap will be no more than two inches (2") and construction vehicle access will be limited to 200 South during construction of the building.  The owners of the property where the church is going to be built have the right to access on and off of 300 South without restriction.  The Planning Commission could not impose restrictions regarding traffic on 300 South.  The Planning Commission is working on a draft for the commercial zoning and tabled that discussion.  Council Member McDonald indicated that when he was on the Planning Commission he requested that a meeting with commercial property owners be held prior to moving forward with the commercial zoning ordinance.  He requested the Planning Commission hold a meeting with commercial property owners.

There was one Citizen Comment submitted by Dick Martin.  Dick Martin indicated he owns a rental home in Ivins where the renters are consistently late on their payments.  He would like the City to shut the water off sooner rather than later when the account is delinquent.  He feels that the water shut off notices don’t seem to be addressed timely.  Tenants should have to bring the account completely current rather than being given the option of paying a smaller delinquent portion.  Dale Coulam clarified that the ordinance and the contract require that for water service the contract is with the property owner.  The only reason the City would get involved with a tenant is because the property owner has made it the tenant's responsibility to pay the water.  If the property owner chooses to have the tenant pay the water bill directly to the City, the City’s contract and ordinance still requires that it is the property owner's responsibility.  If the water bill becomes delinquent and starts to accrue and grow larger as a result of a tenant not paying the bill, it is ultimately the property owner's responsibility and not the City’s.  The City does not get involved with landlord/tenant issues.  Mayor Hart inquired if the notifications also go to the owner.  Dale Coulam indicated they go to the owner and the only time the tenant would receive direct notification of bills would be if the property owner has given the City consent to send the bill directly to the tenant.  Dale Coulam agreed to meet with Mr. Martin at a later date to discuss this further.

A.	Discuss and Consider Ordinance No. 2010-19, an Ordinance of Ivins City, Utah, Amending Section 16.11.134 of the Ivins City Code Regarding Site Grading and Drainage

Mayor Hart indicated Ivins is a sloped environment throughout the City and when development occurs inevitably someone’s view may be obstructed.  It is a complicated issue and he has some particular concerns.  It’s important to understand that this ordinance addresses grading and drainage and view is not something the City has, will or can guarantee.  Mayor Hart referred to illustrations he prepared.  Copies of the illustrations are available by request through Ivins City Hall.  If the City is going to address lines of sight, the only way that those can be mitigated are through elevation of the building, separation of buildings and other issues having to do with profile of the roof and building.  Beginning with the City standard of a ten foot (10’) minimum back yard setback, in order for the view preservation to occur the following is required:  on zero percent (0%) slope, setback of fifteen feet (15’); on a one percent (1%) slope, setback of twenty-one feet (21’); on a two percent (2%) slope, setback of twenty-seven feet (27’); on a three percent (3%) slope, setback of thirty-three feet (33’); on a four percent (4%) slope, setback of thirty-nine feet (39’) and on a five percent (5%) slope, setback of forty-five feet (45’).  The illustrations outline the severe restrictions that will be placed on anyone who tries to develop property.  Not only is there a restriction on the depth of the structure built but typically structures have a portion or full garage forward of the main structure and a covered patio partly extending out the rear of the structure that would further add to the setback requirements.  It is conceivable that a setback requirement on a lot could be expanded to one hundred fifty feet (150’) of depth or more.  Mayor Hart referred to the draft ordinance, a copy of which is available by request through Ivins City Hall.  If the City adopts the ordinance with the view preservation component, he requests that the tables be changed to reflect the current drawings referred to tonight.

Kevin Rudd stated the City has been working on this ordinance for several months now and feels that the ordinance that is being created is not what the City should be doing.  Mayor Hart indicated the City Attorney has some concerns of whether or not the City is able or should be engaged in the creation of an ordinance that provides certain rights to access to views to those residents who purchase a perimeter lot within a project and exclude those rights from anyone who purchases a lot within a project which would be solely at the discretion of a developer to configure and orient the project.  Dale Coulam indicated that under the Land Use Development Management Act, it requires that the regulations be uniform in each zoning district.  Constitutional issues as far as equal protection would ask "Is there a rational basis if there is a difference in treatment between property owners and their rights and does it advance the general public welfare?"  He discussed and illustrated how under the current draft only a few properties received a benefit of the ordinance, how the burden of the ordinance was also placed on a small number of other lots, and how the remaining lots had no restrictions.  He referred to the Desert Rose and Heritage Estates subdivisions and indicated those developments are technically two different zones so a different standard was used with that subdivision enhancement overlay.  Without a separate overlay or district, the requirements are not being applied uniformly.  The ordinance as it is drafted would burden and take away property rights of a few perimeter lot owners.

Mayor Hart stated the first question is should Ivins be in the business of view preservation within a residential environment or should that be restricted solely to public access kinds of environment like main roads where all of the residents of the City enjoy the benefit of an increased setback, lower building heights to be able to have access to the view.  If the City were to apply this ordinance to all lots, the lot sizes would be at least one acre each and unaffordable for the majority of the residents.  Council Member Roberts indicated the City should not be preserving views in a residential environment and that it is "buyer beware".  The City needs to address cut and fill but not views.  Mayor Hart said one of the frustrations of residents are promises that were made to them that access to view was going to remain and the City is not responsible for that but it is a very common complaint.  He suggested that the City make a statement that is placed on the plat that is recorded, indicating that the City does not guarantee that there is water available for that development and does not guarantee that view access will be retained from one development to another or within a development. 
Council Member Jolley agrees with Council Member Roberts and indicated that if a property owner were to plant a tree the view would be blocked.  Council Member McDonald agreed with Council Member Roberts and Council Member Jolley.  Council Member Elwell sympathizes with individuals who were told their views would be preserved.  He does not want to see individual property rights taken away.  He is concerned most with engineering of fencing relative to the adjoining properties.  Council Member Rusick agrees and one of the things that bothers her is when the homes stack, some of the homes overlook the neighbor’s backyard although she doesn’t know how that can be mitigated.  Regarding the General Plan and preserving view corridors, part of that discussion was not allowing massive fifty (50) story buildings in Ivins that would in effect wipe out the view for a lot of people.  The City wasn’t trying to guarantee that everybody who has a view will always maintain that view.

Mayor Hart referred to an illustration of cuts and fill, a copy of which is available by request through Ivins City Hall.  In order to have a reasonable cut and a fill that allows the structure to comply with IBC requirements, there will be several grade differentials the City will be addressing.  Council Member Rusick referred to the illustration and inquired what the step-up represents.  Mayor Hart indicated in the City’s ordinance addressing retaining walls, a property can be retained up to five feet (5’) before terracing is required and it suggested that terracing has to be done on a 1 to 1 ratio.  The illustrations represent retaining walls that are offset four feet (4’) and raised four feet (4’) and shows how much property has to be used to achieve the grade separation.  That translates into impact on one or both of the property owners.  There are only a couple of choices to reduce the impact on property owners.  As an example on a five percent (5%) slope, one of two things is going to happen: that slope is either going to be retained in a form of the steps or there could potentially be a fifteen foot (15’) high retaining wall at the back of the lot.  Some developers have mitigated the imposing nature of those retaining walls by separating them and placing landscape.  The question is if the ordinance is passed as it has been drafted and you have property owner A and property owner B, what happens if property owner A develops first?  The only thing he is obligated to do is retain against natural grade which is a four or five feet (4’-5’) retaining wall.  When property owner B develops and has no access to the rear of the property, who is going to maintain those areas?  Dale Coulam stated the City can’t require an easement on behalf of the City or the lower property owner but the property owners can negotiate with each other.  Assuming there is no agreement between the two adjoining property owners, the City could require a minimum level of landscaping that would have to be done and that the upper property owner has a duty to maintain it.  The City could require those things before Certificate of Occupancy is granted for the house.  If the owner fails to maintain that portion of their property, the owner would be subject to code enforcement.  Mayor Hart indicated the Council may want to look at as the slope increases, design the ordinance that addresses retaining walls to allow higher segments of retention and to abandon the 1 to 1 ratio and have an adequate planning area between structural segments. 

Mayor Hart indicated there is another issue regarding the privacy wall.  Where can the privacy wall be placed and how high the combination of the retaining wall and the privacy wall be built and still be acceptable?  Currently it is six feet (6’) from the low side and that may be inadequate in any environment above a one percent (1%) slope.  There needs to be a maximum height established.  Kevin Rudd suggested the maximum height be nine feet (9’) from the low side.  Chuck Gillette indicated that if lots are going to be terraced that there be some way for that maintenance to occur on the downhill side. 
Mayor Hart suggested tabling this discussion to the next City Council meeting and discuss the terracing, slope, his formula or another formula to be used for cuts and fills and how the Council feels about the City Attorney’s suggestion for the maintenance of the terraced property.  Council Member Elwell suggested limiting cutting within so many feet of the property owner's backyard so the property owner has a terrace which would relieve a lot of the burden that would be placed on the uphill property.  Mayor Hart inquired when a certain slope is achieved would the City be able to require property owners to terrace.  Dale Coulam indicated this is reasonable and would be applied uniformly throughout the zone.  Council Member Rusick would like to see something in writing to look at for the next City Council meeting.  Mayor Hart, Chuck Gillette and Kevin Rudd will provide illustrations for suggestions made tonight.

MOTION: Council Member Rusick moved to table Ordinance No. 2010-19 to the next City Council meeting
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

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

B.	Discuss and Consider Approval of Resolution No. 2011-02R, a Resolution of Ivins City, Utah, Reopening 600 East at the Ivins City/Santa Clara Municipal Boundary

Judy Gubler indicated the City has a Resolution that closed 600 East and needs a Resolution to re-open 600 East.

MOTION: Council Member Jolley moved to approve Resolution No. 2011-02R, a Resolution of Ivins City, Utah, Reopening 600 East at the Ivins City/Santa Clara Municipal Boundary
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.

C.	Discuss and Consider Ordinance No. 2011-01, an Ordinance of Ivins City, Utah, Regarding Maintenance of Right-of-Ways and Sidewalks

Dale Coulam indicated he codified the versions of the ordinance that were previously presented to the Council and included prohibiting dirt and weeds on the sidewalks.  Council Member Elwell is concerned with the short time frame that is allowed to remove snow, ice or other material and has a problem with the requirement to remove snow from the gutters.  The ordinance does not consider an individual being handicapped, injured, sick or out of town.  He referred to a City vehicle plowing snow that ends up on the gutters and inquired if the resident is suppose to shovel that out of the gutters.  In Southern Utah nature itself will eliminate snow on the sidewalk around noon the following day.  Residents would now have to purchase a snow shovel and inquired how residents are to remove the ice from the sidewalks.  He is also concerned with who is responsible for taking care of the removal from the sidewalks and gutters of homes that are vacant.  Council Member Rusick agreed that the time frame to remove snow, ice and other material is too short but stated that if individuals are infirm or out of town, it is their responsibility to find someone else to take care of the removal.  Council Member Roberts doesn’t agree with having to remove snow out of the gutters and the time frame to remove snow, ice or other material is too short.  Dale Coulam suggested removal language that indicates snow, ice or other material needs to be removed within a reasonable period of time and no more than twenty-four (24) hours.  The Mayor and City Council agreed.  Judy Gubler indicated the real issue is ice that is created by individuals who leave their sprinkler irrigation on that freezes.  Council Member Elwell indicated the ordinance lacks in definition as to who the responsible entity is for certain things.  He referred to 400 East near Heritage Estates where the sidewalk is on the other side of the owners yard over the block wall.  Dale Coulam suggested adding language that if the sidewalk is adjacent to an owner’s yard or a landscape buffer that area is privately maintained.
Council Member Rusick indicated the verbiage regarding clogging the gutter that was taken out under section 11.01.204(2) should be left in the ordinance.  The Mayor and Council agreed and requested Dale Coulam review language regarding the use of the words "landscape strips" rather than "parking strips" and bring this ordinance back for discussion at the next City Council meeting.

MOTION: Council Member Rusick moved to table Ordinance No. 2011-01 to the next City Council meeting
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

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

D.	Discuss and Consider Approval of Resolution No. 2011-03R, a Resolution of Ivins City, Utah, Regarding the Good Samaritan Fund

Council Member Rusick referred to the "Now Therefore" section sentence "Funds will be allocated on an equal percentage based upon the amount of funds collected divided by the amount of assessments..." and inquired if that is the dollar amount or the number of assessments of qualified people.  Judy Gubler indicated it is the dollar amount.  Council Member Rusick requested the word "dollar" be added to the sentence.

MOTION: Council Member McDonald moved to approve Resolution No. 2011-03R, a Resolution of Ivins City, Utah, Regarding the Good Samaritan Fund as amended
SECOND:  Council Member Roberts

VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.

E.	Discuss and Consider a Special Exception for the LDS Church Building

Dale Coulam indicated there is a process in Ivins ordinance that allows for a Special Exception for height.  When it involves a church the First Amendment is triggered and a Federal statute makes the Special Exception difficult to challenge.  In order to regulate the height of the steeple the City would have to show that the regulation is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.  Council Member Rusick stated she listened to the Planning Commission meeting and no one objected to the height of the steeple and indicated the City should approve the Special Exception.

MOTION: Council Member Roberts moved to approve a Special Exception for the LDS Church Building
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

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

F.	Discuss and Consider Approval of Resolution No. 2011-04R, a Resolution of Ivins City, Utah, Appointing a Committee Chair to The Fitness Festival Committee

Mayor Hart had a recommendation for this position but that individual is not available.  He recommended that he serve as Chairman of this event. 

MOTION: Council Member Jolley moved to approve Resolution No. 2011-04R, a Resolution of Ivins City, Utah, Appointing Mayor Chris Hart as Committee Chair to The Ivins Fitness Festival Committee for the year 2011
SECOND:  Council Member Elwell

VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.

G.	Discuss and Consider Approval of Additional Wayfinding Signage

Judy Gubler indicated the additional signage is proposed by the Ivins Tourism Council.  Copies of the proposed additional signage are available by request through Ivins City Hall.  Mayor Hart stated the City has received multiple comments from individuals who like what has been done and have requested additional signage.  Lance Anderson representing the Ivins Tourism Council requested the Mayor and City Council’s opinion on the use of colors and reflective material for the signs.  The Mayor and City Council preferred the terra cotta vinyl color and the use of the white reflective material.  They thanked Lance and the Ivins Tourism Council for their work on the signs.

MOTION: Council Member Jolley moved to approve additional Wayfinding Signage as has been presented tonight, using the terra cotta and white option
SECOND:  Council Member Roberts

VOTE: The motion carried unanimously.

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

Council Member Elwell requested items B and C be removed from the Consent Agenda, as he was not present and would like to abstain in the vote.

A.	Approval of UDOT’s federal aid agreement and local government contract for Snow Canyon Drive Roundabout Project and Approval of Expenditure of City Matching Funds

MOTION: Council Member Jolley moved to approve the Consent Agenda item A
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

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

B.	Approval of Work Meeting Minutes for January 18, 2011

C.	Approval of Meeting Minutes for January 20, 2011

MOTION: Council Member McDonald moved to approve Consent Agenda items B and C
SECOND:  Council Member Jolley

VOTE: The motion carried.

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

A.

Council

Council Member Elwell referred to the money received from the recycling Binnies and was pleased to see the City Council select to keep the monies going to the animal shelter.  He has heard of individuals bringing recycling product to Ivins because they know the money received from the recycling goes to the animal shelter.  
Council Member McDonald will not be able to attend a solid waste meeting on February 7, 2011 at 5:00 p.m. and inquired if anyone would like to attend.  Mayor Hart indicated he will attend in his absence.
Council Member Jolley was approached by two citizens regarding the intersection on Center Street and 200 West.  That intersection is dangerous due to the location of the stop signs and bamboo or parked cars that obstruct the view of traffic.  He requested the Public Safety Department look at that intersection and come up with a resolution.  Judy Gubler indicated that is an intersection that has been discussed often.  The classification of that road does not warrant a 4-way stop but as the improvements are being done as part of the SAA (Special Assessment Area) there may be some improvement and she will have the Public Safety Department look at that intersection again.  Regarding the bamboo, the City has cut it back in the easement.  Council Member Jolley referred to the upcoming Parade of Homes and the warmer weather and requested the Public Safety Department patrol the roundabout with the horse statues more frequently to limit individuals going into the restricted area of the roundabout.
Council Member Roberts -no report
Council Member Rusick attended the last neighborhood meeting and urged those City Council Members that can attend to attend those meetings.  She also attended the Color Country Community Housing groundbreaking ceremony.  The Color Country program is a pilot program for the Country of "green" homes being built at that level and much more efficient than Energy Star rated homes.  The individual that is working on the homes was one of five (5) awarded a fellowship in the Country.

B.

Mayor

Mayor Hart, Chuck Gillette and Dave Glenn met with the Water District and the Water District is facilitating meetings that are being headed up by St. George City and the County to put together an Interlocal Agreement regarding storm water.  Mayor Hart let the Water District know that Ivins has spent a lot of money and has high storm water rates on the utility bills and Ivins is not interested in getting into additional costs.  The Water District’s proposal was to charge each connection $1.00 a month to go towards a fund to maintain and build storm water structures.  Ivins supports regional planning and participating in a clean up.  Mayor Hart told the Water District that Ivins participates in the Council of Governments, is part of the road system yet rarely sees any of the resources funneled to Ivins.  The Water District is going to create a draft document that will include Ivins City in an associate status which will allow Ivins to participate in the planning and discussions.  Mayor Hart attended a lengthy meeting with the Corp of Engineers along with all of the County Commissioners, Mayors and public utility representatives regarding the Army Corp of Engineers new permitting process.  The process has become very burdensome and has stopped a fully funded project on the eastern corridor.  Because the Army Corp of Engineers has essentially declared dry washes now to be under their jurisdiction, they are requiring UDOT (Utah Department of Transportation) and subsequently all of the cities to go through a permitting process to mitigate but there is no mitigation.  The permitting process has been in effect since January, 2011.  The individuals with the Army Corp of Engineers were very cooperative and helpful but the regulation itself is burdensome.

C.	City Manager, Judy Gubler

Judy Gubler met with the Cameo Park Home Owners Association (HOA) regarding their concerns with the issue on 300 South when the LDS Church is proposing to build.  The HOA inquired whether the City would accept all of those private roads as public roads.  The HOA is holding a meeting on Thursday, February 17, 2011 to determine whether 300 South will become a public street or remain private.  The sale of the Pond Park land and the purchase of the property on Center Street are moving ahead.  She reminded the Mayor and Council members that there is a meeting with Snow Canyon State Park on March 2, 2011 at 5:15 p.m. at the State Park.  The Community Garden is moving forward and there are gardeners working in the garden.  There will need to be a Closed Meeting tonight to discuss a property exchange.  The City has invited Chris Blake who has some expertise in this area and Chuck Gillette the City Engineer to attend that closed meeting.

D.	City Attorney, Dale Coulam

Dale Coulam referred to the arrest regarding the City’s recently adopted spice ordinance.  There was an article in The Spectrum and there may be a follow-up to that article.  The Spectrum is questioning as to why the individuals who were arrested were operating with a business license.  It was a renewal of an existing business license.  The City sends out business license renewals in November of each year and around the same time the ordinance was adopted, the individuals who were arrested paid their renewal fee and received a business license renewal.  The license the individuals were operating under was for aromatherapy and at the time they obtained their business license there was nothing illegal with what they were doing because there were no laws in place.  He also pointed out that this particular home occupation business does not require a license because it does not involve children, care of the elderly or a fire hazard that the City is aware of.  He reported that he will be out of town and not in attendance at the next City Council meeting.  Council Member Rusick read that the State of Utah is in the process of considering a law and inquired if Ivins law is legal.  Dale Coulam stated "yes" it is legal.  At the time the City adopted the ordinance addressing spice Ivins knew the State was considering a law but it would take a significant period of time before that became effective.  Many cities adopted spice ordinances to go ahead and make it illegal.  It is a misdemeanor that is within the City’s jurisdiction.

E.	Items to be placed on future agendas

Council Member Roberts would like to discuss the process for renewing business licenses.  He had a business owner approach him saying he received his renewal but wasn’t able to get it paid on time and now he has to reapply and go through the reapplication process.  Council Member Roberts indicated if it were through St. George City this individual would only have to pay a fine.  Ivins wants business to operate in Ivins and he would like to address that to see if Ivins is being too strict.  A business owner should receive a fine rather than having to go through the whole application process again.  Dale Coulam indicated in essence it is a fine of $25.00 (twenty-five dollars).  It goes from $25.00 (twenty-five dollars) to $50.00 (fifty dollars) and is still approved by the Business License official under the current ordinance.  A new application has to be filled out because the business license has been revoked.  There has to be a cut off date to renew business licenses.  If the business owner has not renewed their license, the license is revoked.  This issue will be addressed at the next City Council meeting.

MOTION: Council Member McDonald moved to adjourn this meeting and move to enter into a Closed Meeting to discuss the purchase, exchange, or lease of real property pursuant to Utah Code Section 52-4-205(1)(d) and invite Chris Blake and Chuck Gillette to attend that closed meeting
SECOND:  Council Member Elwell

VOTE: The motion carried unanimously.

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

The meeting adjourned at 8:25 p.m.

Respectfully,

Kari D. Jimenez, CMC
Ivins City Recorder