All present included Mayor Hart, Council Member Elwell, Council Member McDonald, Council Member Mendenhall, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Director of Finance Alan Rae, Director of Public Safety Bob Flowers, and Parks and Recreation Director Benny Sorensen.
EXCUSED:  None.

Audience: Barbara Rusick, Jenifer Winward, Jenny Johnson, John and Janet Baker, Charles & Gail Newmann, Angelo DiSante, Brett Henke, David Hunt, MinDee Romberger, Julie Gildea, Ruth Roberts, Claudette Larsen, Jay Pinney, Lance Anderson and others who did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Council Member McDonald led the Flag Salute

C.	Invocation

Council Member McDonald gave the Invocation

D.	Disclosures

There were no disclosures or conflicts of interest with items on this meeting's agenda.

A.	Distinguished Budget Presentation Award to Alan Rae

Judy Gubler indicated Ivins City has received the Distinguished Budget Presentation Award.  In 2011 this was only awarded to three (3) cities in the State of Utah as well as to the Utah Transit Authority.  Ivins City is in an elite group to receive this award.  The purpose of the GFOA (Government Finance Officers Association) is to present an understandable budget that is transparent.  The budget process starts with the Council prioritizing items and from there it goes into the detailed budgets.  She thanked the Director of Finance Alan Rae for his work and stated that he does an excellent job.

B.	Report on recycling program

Jenifer Winward with Washington County Solid Waste provided a Power Point presentation to the City Council.  A copy of the presentation is available by request through Ivins City Hall.  The Washington County recycling program manages 51 collection sites and will be expanding to include three (3) to five (5) more sites.  She presented a check to Ivins City for $5,829.83 for recycled commodities which the Council previously decided would be used to benefit the Ivins No Kill Animal Shelter.

C.	Department Reports: Parks and Recreation and Public Safety

Benny Sorensen provided a written report to the City Council, a copy of which is available by request through City Hall.  Benny reported on the following: basketball will be finished this week; the Run Like a Girl 5k and half marathon was held on February 4, 2012 at UNITY Park; there was a Disc/Frisbee Golf tournament on February 25, 2012; a Geology class was held on February 29, 2012 at City Hall; there were five (5) burials in the cemetery; Ivins hosted part of the Rocky Mountain School of Baseball Presidents Day tournament; the Dirty Hurty all trail half marathon will be held on March 10, 2012 which will end at UNITY Park; the City is re-evaluating the dance and tumbling classes due to low attendance; trees are being replaced where they have died and others are being planted where trees are needed for a total of approximately 50 trees planted in February; Center Street was landscaped between 200 West and 300 West as part of an Eagle Scout project; there were six (6) Mulberry trees near the volleyball court in Red Rock Park that were drilled and poisoned by someone in the past year and a half or two years and they were removed and replaced with larger Mondell pines; there has been a request for Pickleball courts in Ivins and Benny is looking at options for those; Benny spoke with Marie Hansen, Ruth Roberts, Lydia Nelson and Jennie Johnson regarding Heritage Days.  They had a lot of ideas that could enhance the Heritage Days festival.

Bob Flowers reported that some search warrants were served and (six) arrests were made.  There were two (2) separate burglaries at Red Mountain Market and arrests were made for those.  The Ivins Police Department finished significant training that was required by FEMA (Federal Emergency Management Agency).  Tuacahn has asked the Ivins Police Department to assist with traffic control again this year.  The population in the animal shelter is manageable and going really well.   Chief Flowers complimented Linda Elwell on work FIAS (Friend of Ivins Animal Shelter) has done to assist the shelter.  Likely in his next report he intends to report on the ambulance data where police officers have been working as emergency medical personnel.  Chief Gildea has been researching options for a firehouse location in the Kayenta area due to the fire department losing its current location in that area.  Council Member Elwell asked Chief Flowers if he knows of any problems the City has had at the small parks.  Chief Flowers indicated there has been some minor vandalism but other than that there have not been any significant problems.  Council Member Roberts inquired if those parks are located within a subdivision.  Chief Flowers stated the majority of the parks are in subdivisions and indicated that he can tell the Council with confidence that there hasn’t been anything of great significance occur in the parks.

D.	Planning Commission Report

Commissioner Murphy reported the Planning Commission held five (5) Public Hearings on February 28 addressing Ivins City Code Title 16 and various chapters and code sections.  The first Public Hearing addressed Chapter 12, Section 16.12.104 (4a) allowing larger attached garages in residential zones.  The Planning Commission recommended approval of that change.  The next hearing addressed Chapter 28, Section 16.28.103 allowing a special exception for relocation of existing signs in the public right-of-way.  The Chevron sign on 200 East is currently in the public right-of-way where a sidewalk would be installed so the Planning Commission recommended that the special exception be allowed.  The next Public Hearing addressed Chapter 12, Section 16.12.103 (9) allowing storage containers on large lots.  The Planning Commission recommended denial of that change.  The next Public Hearing addressed Chapter 12, Section 16.12.113 (5) allowing three domestic horses in Padre Canyon.  The Planning Commission recommended denial of that change and the last Public Hearing addressed Chapter 21, Section 16.21.118 and Table 21-2 changing the real estate sign regulations.  The Planning Commission recommended an alternative to the proposed amendment.  The Planning Commission’s recommendations for each will now proceed to the City Council.

A.	Public Hearing regarding on the Planning Commission’s recommendation to approve a Preliminary Plan for Mojave Estates Subdivision without a Subdivision Enhancement Overlay District

Kevin Rudd indicated this property is located on Main street at approximately 300 South, consists of 3.63 acres and is zoned R-1-10.  The applicant submitted a Subdivision Enhancement Overlay and is requesting the maximum density bonus.  The applicant also submitted an alternative plan if the density bonus is denied.  Mayor Hart opened the Public Hearing.  Jason Wheeler with Color County Community Housing (CCCH) was present representing the applicant.  He works as an Architect and CCCH is hoping to do something unique on Ivins Main Street.  If the park is approved, the building lots would be 8,000 sq. ft rather than 10,000 sq. ft.  The purpose of the park is to encourage the residents to get outside and mingle with one another.  From a financial standpoint it is a wash either way.  CCCH wanted to provide the park amenity to the residents and the City.  CCCH would develop the park and then dedicate it to the City.  Council Member Elwell inquired if the lighting at the park would be bollard lighting and Jason Wheeler stated that it would.  Jenny Johnson resides at 20 West and 200 South and indicated she wanted to clarify some comments that Chairman Reed made in his report to the City Council.  One of the comments was that the residents were concerned about property values.  That isn’t the case.  The majority of the residents that were at the Planning Commission meeting do not intend to ever sell their homes.  The other comment by Chairman Reed was that the residents didn’t like parks and didn’t want one in this subdivision.  It wasn’t because the residents didn’t like parks but because there are already two (2) parks in close proximity to the proposed park.  She is concerned about the vandalism situation on her lot.  She has a street light on her corner and it hasn’t deterred vandalism occurring on her property.  She would like to see larger home lots and a block wall instead of the park.  Doug Barnum resides on 400 South.  He is concerned that the lots are too small and that there is no block wall.  Jason Wheeler stated that CCCH has put block walls in the other developments but hasn’t committed to that yet for this development to see how much is left in the budget.  Mayor Hart closed the Public Hearing.

B.	Discussion regarding the Planning Commission’s recommendation to approve a Preliminary Plan for Mojave Estates Subdivision without a Subdivision Enhancement Overlay District

Council Member Elwell indicated that he is in favor of the Preliminary Plan that includes fifteen (15) lots and the park.  He based his decision on the following: 1) SCORP which is Utah’s State Comprehensive Outdoor Recreation Plan; 2) his involvements in the City’s very public and comprehensive Parks and Trails Master Plan planning process; 3) DAWHAC (Dixie Area Workforce Housing Affordability Committee) and Vision Dixie.  He was a member of DAWHAC and was the Chair of the Finance sub-committee for DAWHAC.  The committee researched and studied various urban planning models and received input from a broad spectrum of professionals and lay citizens.  In the development of those concepts and precepts they met regularly for approximately three (3) years before going into a suspended status due to Vision Dixie becoming involved.  Vision Dixie had a larger base and was creating concepts and precepts very similar and possibly identical to that of DAWHAC.; and 4) his involvement in the creation and approval of the General Plan and ordinances including the Subdivision Enhancement Overlay and its application.  The Council has been beseeched by many to create affordable housing and quoted "so our kids and grandkids can live here and not have to move away."  Regarding concerns about the park, the City has gone through the public process of creating a Parks and Trails Master Plan as part of the General Plan.  What the applicant has proposed with the Subdivision Enhancement Overlay is in step with the General Plan and is exactly what was desired and hoped for in the overlay process.

Council Member Roberts stated he has an issue with an open park being located on the corner of 300 South and Main Street and kids going into the street.  He envisions a pocket park located in the interior of the project.  Regarding the density allowance, he agreed with the Planning Commission in that there is nothing unique enough about the project to award the density allowance.  He is also concerned about the sidewalk meandering.  He would like the sidewalk to be consistent with the Historic Township and keep the sidewalks straight.
Council Member McDonald indicated he likes the park but he doesn’t like the location due to there not being a place to park except for on the side of the road.  He would like to see other parking options.  The park would be a public park for the community to use.  Council Member Elwell stated the park would primarily be for the use of the inhabitants of the subdivision but is required to be open to the public.  The purpose of the park is walkability.  Mayor Hart indicated that parking is allowed on Main Street and 300 South and with the size of the park, he does not think there would be a considerable amount of traffic to the park.

Council Member Mendenhall indicated she was previously on the Planning Commission and stated that the developer was put in a tenuous situation with the Subdivision Enhancement Overlay.  She had a discussion with Chief Flowers and the Director of Parks and Recreation Benny Sorensen.  Benny reviewed this plan and feels the park at the proposed location would be a good one.  It wouldn’t be an extra burden to maintain and would relieve pressure from the other parks.  Chief Flowers told her that in his opinion when he was the Chief of Police for St. George that St. George did have problems with their parks but that the problem was the parks were not maintained.  She agrees with the concern about traffic and parking but indicated the developer may be able to mitigate that by placing structures in such a way to act as a barrier or also look at the possibility of some type of fencing.  She thinks with the development and the park, it would beautify the area. 
Council Member Densley indicated that he likes the park and the only thing he would like to see that would enhance the project would be a block wall.  He would like CCCH to consider the block wall as part of the sweat equity.  Council Member Mendenhall agreed and suggested the Development Agreement include the specifics for the block wall.  Jason Wheeler stated CCCH would be willing to include a block wall in the project.

MOTION: Council Member Densley moved to approve the Preliminary Plan for Mojave Estates Subdivision with a Subdivision Enhancement Overlay conditioned upon a straight sidewalk and Ivins City accept their offer to do a block wall.
SECOND:  Council Member Elwell

Dale Coulam clarified the block wall will be along the rear of the lots.

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

A.	Request for six (6) month extension of Final Plat for Casitas at the Ridge Phase 1

Judy Gubler indicated there is an option in the ordinance to grant a six (6) month extension before the plat expires.

MOTION: Council Member Mendenhall moved to grant the six (6) month extension for the Final Plat for the Casitas at the Ridge Phase 1
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

B.	Discussion regarding Pickleball courts

Council Member Mendenhall stated she spoke with Benny Sorensen regarding a citizen request and provided information to him.  The same information was provided to the City Council and is available by request through Ivins City Hall.  The sport has become very popular and she would like to keep this on the radar for the possibility of including pickleball courts in Ivins in the future.

C.	Discussion regarding City festivals and approval of Heritage Days Mission Statement

Council Member Elwell indicated he realized that when someone is vested in something over a number of years they may find themselves too close to see that there might be appropriate alternative views.  He provided the City Council with two issues of the "Ivins City Gazette" Volume 1, Issues 6 and 7 from the year 2002.  In those issues there is a message from Mayor Barney and it would be appropriate for the Council to consider the dialog in those messages along with what was presented as a Mission Statement, coupled with Emma Fife’s perspective.  A copy of the Ivins City Gazette issues identified above, the Mission Statement that was presented to the City Council and Emma Fife’s perspective are available by request through Ivins City Hall.  He loved some of the ideas and suggestions provided to Benny Sorensen by Marie Hansen, Ruth Roberts, Lydia Nelson and Jennie Johnson but had hoped there would have been a much larger contingency of individuals providing ideas and suggestions to Benny.  He expressed a concern with the number of days that the festival is held.  The Thursday event has been held because of the Ivins Fire Safety program and he would hate to lose that as part of the celebration.  He requested the City Council members review the referenced information and suggested that on another day the Council could discuss how to incorporate language to establish a particular mission statement.

Council Member Mendenhall indicated she appreciates everything that has transpired in the past to make Heritage Days what it is today.  In her opinion the City has an issue that needs to be resolved and believes the City has stretched beyond the boundaries of what is legally required and clearly stated.  In Ivins City Code and in State statute.  The City needs to come back into compliance to eliminate the possibility of any negative legal or fiduciary consequences.  She stated that in the course of doing business the City participates in varying degrees of special events and festivals, from someone needing an event permit to Heritage Days that is fully funded, managed and produced solely by the City, which means City funds are utilized.  She referred to Utah Code and indicated that Utah Code does not give any authority to, or make any mention of, citizen committees.  Utah Code vests all administrative authority in staff.  Financial approvals and oversight must be done by staff and not by a citizen committee or citizen committee chair.  Ivins City has three codes that address the hierarchy of organization and structure, those being 2.03.201, 2.03.205 and 2.03.206.  Those codes clearly define powers and responsibilities of Department Heads for planning, organizing, staffing, directing and controlling the specific department functions.  The codes also clearly define procurement rules, regulations and procedures.  The Job Description of the Parks and Recreation Director is very explicit in outlining general duties as well as those specific to recreation.  Council Member Mendenhall quoted the following from the Job Description for the Parks and Recreation Director: "perform general management and supervision functions as needed to develop and manage the delivery of recreation programs such as youth sports programs and community events such as Easter in the Park, the 24th of July celebration, Heritage Days, etc."  The fact is that the City is responsible for ensuring that the rules and regulations are adhered to for each event and in some cases the City is completely responsible for the management, supervision and overall production of events which also includes any legal issue that may arise as well as dissemination of funds and reporting responsibilities.  The Director of Parks and Recreation is the City’s agent in that regard.  The City is fortunate to have someone in that position who is competent, organized, creative and understands the legal and fiduciary responsibilities of his job.  The Director of Parks and Recreation is completely and absolutely in charge and responsible.  He should have complete control in putting together event committees, overall creative approval and handling the legal and financial responsibilities.  This doesn’t mean he can do everything alone or would even want to.  Council Member Mendenhall is thrilled that there are several residents that have stepped forward to volunteer their time to help him.  It is Benny’s decision whether or not to have a full time events committee.  The Kayenta events committee meets monthly, are in a continual planning cycle year round and the Kayenta group would be interested in volunteering a member of that group to help Benny and be part of an overall committee.  Because there is no ongoing committee currently set up, Resolution No. 2011-14R should be rescinded.  She stated this is purely a business decision, is not personal and is not a reflection of anything that has been done in the past.  In the future, if an overall ongoing full time event committee is in place and with the Parks and Recreation Director’s approval, a committee chair might be reconsidered.
Council Member Roberts referred to a draft of proposed parameters for Heritage Days and provided a copy to the City Council.  A copy is available by request through Ivins City Hall.  He suggested some parameters be developed along with the Mission Statement and let the ingenuity and ideas go forward and keep Heritage Days going.  Council Member Densley agreed that a committee or individuals report to the Parks and Recreation Director.  Council Member McDonald agreed with Council Member Mendenhall.  Dale Coulam suggested that if the Council is going to consider revoking a resolution, it should be an agenda item for future consideration.  Council Member Mendenhall referred to the Mission Statement and indicated it was put together by Marie, Jenny, Lydia, Ruth and Linda and indicated it is a great statement.

MOTION: Council Member Mendenhall moved to approve the Mission Statement for Ivins Heritage Days as presented to the City Council by Marie Hansen, Ruth Roberts, Linda Elwell, Jenny Johnson and Lydia Nelson and given to Benny Sorensen the Parks and Recreation Director
SECOND:  Council Member Roberts

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

D.	Discuss and consider approval of Ordinance No. 2012-03, an Ordinance of Ivins City, Utah, Amending Section 10.03.204 of the Ivins City Code Regarding Connection to Public Sewer Requirements

Dale Coulam indicated the language was finalized and agreed upon in the Technical Review Committee meeting this morning and based on the comments made at the last City Council meeting about trying to expedite this he drafted the ordinance that is on the agenda for discussion tonight.  Council Member Densley stated cost is a large factor and indicated the ordinance addresses that.  He inquired if someone builds a new home, if they would also fall under a special exception.  Dale Coulam stated "no" that if a new home is built, connection to the sewer is required.  He also indicated that Chuck Gillette, the City Engineer, looked at other options for sewer treatment but they were more expensive and not viable options.  Council Member Elwell and Council Member Roberts stated they liked the amendments.

MOTION: Council Member Roberts moved to approve Ordinance No. 2012-03, an Ordinance of Ivins City, Utah, Amending Section 10.03.204 of the Ivins City Code Regarding Connection to Public Sewer Requirements
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

Roll call vote.  All Council Members voted in favor.

E.	Discuss and consider approval of Resolution No. 2012-04R, a Resolution of Ivins City, Utah, Appointing a Representative to the Washington County Solid Waste District Board

MOTION: Council Member Roberts moved to approve Resolution No. 2012-04R, a Resolution of Ivins City, Utah, Appointing a Representative to the Washington County Solid Waste District Board, that being Council Member Cheyne McDonald
SECOND:  Council Member Densley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

Roll call vote.  All Council Members voted in favor.

F.	Discuss and consider approval of Resolution No. 2012-05R, a Resolution of Ivins City, Utah appointing representatives to the Washington County Flood Control Authority

MOTION: Council Member Mendenhall moved to approve Resolution No. 2012-05R, a Resolution of Ivins City, Utah appointing representatives to the Washington County Flood Control Authority, that being Council Member Densley and Dave Glenn
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

Roll call vote.  All Council Members voted in favor.

A.	Approval of expenditure for engineering and design of Center Street widening project

B.	Approval of Meeting Minutes for February 16, 2012

MOTION: Council Member McDonald moved to approve items A and B
SECOND:  Council Member Mendenhall

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

A.

Council

Council Member Densley reported the contractor has moved onto the site of the future Veterans Nursing Home and they are waiting for some approvals before moving forward.  He inquired as to the status of the business directory.  Judy Gubler indicated it will be sent out to the businesses to obtain their input before it’s published.
Council Member Roberts referred to a video on YouTube regarding a U-turn that is similar to the one being proposed on Bluff Street in St. George.  The other Council Members requested he email the YouTube video to them.
Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell - no report

B.

Mayor

Mayor Hart reported the last Neighborhood Meeting was held last week and the City intends to hold Neighborhood Meetings every spring.  An individual by the name of Arthur Ivins went on a tour of Ivins City a couple of months ago and has kept in contact with the Mayor and Judy Gubler.  He is in the process of donating land near Zion National Park for Ivins use of disposing the property and using the funds to the benefit of Ivins.  Mayor Hart referred to bringing public transit to Ivins and indicated that can be addressed during the budget discussions.  Ivins also intends to explore Santa Clara’s interest in bringing public transit to their city. 

C.	City Manager, Judy Gubler

Judy Gubler provided a budget prioritization wish list to the City Council members, a copy of which is available by request through Ivins City Hall.  She suggested a budget work meeting be part of the next City Council meeting.  Judy Gubler reported that Council Member Mendenhall brought an issue to her attention regarding a filming crew that was on SITLA (School and Institutional Trust Lands Administration) land.  There has been follow-up with the filming crew and additional clean up requested.  Regarding ambulance billing, the City is sending a staff member to training which will allow the City to bring the billing in-house.

D.	City Attorney, Dale Coulam

Dale Coulam indicated the City’s Municipal Building Authority (MBA) is the entity that was used to bond and finance UNITY Park and an annual meeting is required to be held once a year to elect officers.  He suggested holding the annual meeting on the same day as the next City Council meeting with the annual meeting beginning at 5:15 p.m.  The Mayor and City Council agreed.

E.	Items to be placed on future agendas

Council Member Mendenhall requested additional discussion on the Special Event Permit process and requested the Council discuss repealing Resolution No. 2011-14R.
Council Member Elwell referred to some filming on 400 South and inquired if the film makers had permits for that.  Judy Gubler indicated they did and that there are a number of requests for filming in the City.  There is a Special Event Permit process that the applicants go through the TRC and the Public Safety Department is primarily involved.  There was a disconnect between what the film makers did and what the permit allowed.  Lieutenant Jay Randall has been involved with that situation.

MOTION: Council Member Mendenhall moved to adjourn
SECOND:  Council Member Densley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE

The meeting adjourned at 8:35 p.m.

Respectfully,

Kari D. Jimenez, CMC
City Recorder