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
April 5, 2012

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:30 p.m. and announced there was a quorum present.
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, Parks and Recreation Director Benny Sorensen, Director of Public Safety Bob Flowers, and Building and Zoning Administrator Kevin Rudd.
EXCUSED:  None.
Audience: John Ence, Jay Tullis, Melanie & Dave Hunt, Claudette Larsen, Barbara Rusick, Colin Harrison, Angelo DiSante, Cary & Karen Oyler, Sandy Johnson, Steven Goeser, Jenny Johnson, Valerie Noel Ciardi, Lisa Rutherford, Paul Van Dam, Steve Davis, Kathy Ravenberg, Glenn Ravenberg, Carol Leavitt, Lance Anderson, Tracy Ence 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
Council Member Densley stated he is a resident of Padre Canyon as it relates to item 4)A on the agenda.  There were no other disclosures or conflicts of interest with items on this meetings agenda.
Mayor Hart recognized Ivins Royalty and indicated the new royalty is Princess - Kamri Hafen; 1st Attendant - Alyssa Morrison; 2nd Attendant - Shiann Ruesh and Miss Congeniality - Aleisha Walter.  The royalty spoke and stated they are looking forward to working with the City and being involved over the next year.  Mayor Hart thanked Tonya Horlacher and Heather Kunde for putting on the Ivins Princess Pageant.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Parks and Recreation and Public Safety
Benny Sorenson reported the Ivins Princesses are smart and talented and he looks forward to working with them this year.  The City is currently taking baseball registrations, Ivins Soccer League is operating, and the Yoga class has been a popular class.  Registrations for dance and tumbling classes are down.  Ivins held the Dirty Hurty all-trail half marathon a couple of weeks ago and there were over 100 participants.  There will be a benefit breakfast and an Easter egg hunt at UNITY Park on Saturday, April 7, 2012.  The breakfast will start at 7:30 a.m. and the proceeds from the breakfast go to the Ivins Fire Department.  The Easter egg hunt will begin at 9:00 a.m.  The City is preparing for the Fitness Festival that will be held in conjunction with the Ironman which will be held on Saturday, May 5, 2012.  UNITY Park is the approved viewing area for the bicycle portion of the Ironman.  He met with Jenny Johnson, Ruth Roberts, Lydia Nelson, and Marie Hansen about Heritage Days and has looked at possibly September 22nd as the day to celebrate and the City may bring fireworks back to the event.  The City is working on the irrigation system and weed control and there were no burials in March.
Bob Flowers referred to the construction of the roundabout on Center Street and Snow Canyon Drive and indicated the police department has been receiving complaints about speeding through that area.  The contractor also notified the City that that road will be closed during the day the week of April 16, 2012 which will move traffic through neighborhoods.  The Police Department will be enforcing the speed limit and doing what they can to deter speeding.  They may also be contacting residents by way of fliers, knocking on doors and possibly having individuals directing traffic through the detours.  The Police Department received a grant for radios to be installed into their vehicles and those will be installed in the future. 
B. Planning Commission Report
Chairman Adel Murphy reported that the Planning Commission elected a Chair and Vice Chair with Adel Murphy elected as Chair and Mike Scott elected as Vice Chair.  The Planning Commission also held two (2) Public Hearings, one on a zone change from commercial to residential and the other on a Preliminary Plan for the Ivins View II Subdivision.  The Planning Commission recommended approval of both items and those will go forward to the City Council for Public Hearings.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - There was one Citizen Comment that relates to the Public Hearing and it will be heard at that time.

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the Planning Commission’s recommendations on proposed amendments to Ivins City Code, Zoning regulations Title 16 Chapter 12, Sections 16.12.113 (5) and Appendix A Written Text (regarding three domestic horses in Padre Canyon); 16.12.104 (4a) (regarding larger attached garages in residential zones); 16.12.103 (9) (regarding storage containers on large lots), Chapter 21, Section 16.21.118 and Table 21-2 (changing the real estate sign regulations) and Chapter 28, Section 16.28.103 (allowing a special exception for relocation of existing signs in the public right-of-way)
The Council heard the Public Hearings in the following order and after the Public Hearings were heard, discussed each issue in the same order:
1) Chapter 28, Section 16.28.103 allowing a Special Exception for relocation of existing signs in the public right-of-way;
2) Chapter 12, Section 16.12.104(4a) regarding larger attached garages in residential zones;
3) Chapter 12, Section 16.12.103(9) regarding storage containers on large lots;
4) Chapter 21, Section 16.21.118 and Table 21-2 regarding changing the real estate sign regulations;
5) Chapter 12, Section 16.12.113(5) and Appendix A Written regarding three domestic horses in Padre Canyon
Mayor Hart thanked those who spoke at the Planning Commission Public Hearings and appreciated the tone that was taken at that meeting.  He reminded those in attendance that they are present with their neighbors, friends and fellow residents of the community.
1) Chapter 28, Section 16.28.103 allowing a Special Exception for relocation of existing signs in the public right-of-way: Kevin Rudd indicated this item deals with an existing sign that is at Lightfoots convenience store where the sign is within the City right-of-way and abuts the curb, which prevents the City from installing a sidewalk.  The best way to resolve this issue is through a Special Exception that would allow the sign to be modified to a sign that is up above and overhangs the right-of-way.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart moved onto the next Public Hearing item.  
2) Chapter 12, Section 16.12.104(4a) regarding larger attached garages in residential zones: Kevin Rudd stated this request came from a Kayenta resident who would like to build an attached garage that is larger than what is currently allowed.  The City Council recently amended the zoning ordinance related to detached garages and this amendment would mirror those changes.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart moved onto the next Public Hearing item.
3) Chapter 12, Section 16.12.103(9) regarding storage containers on large lots: Kevin Rudd indicated Steven Goeser has requested the ordinance be amended to allow storage containers as accessory buildings with mitigating factors such as a maximum of twenty feet (20’) in length and eight feet (8’) in height, painted an earth tone color and located in the rear setback area with a minimum five foot (5’) set back from property lines.  Storage containers are currently prohibited by ordinance although there are some storage containers in the City that existed prior to the current ordinance.  The Planning Commission has recommended denying this amendment.  Mayor Hart opened the Public Hearing.  Steven Goeser stated he has two pieces of property in Ivins that are an acre in size and he would like to place a storage container or building on those lots.  He has looked into other storage options and prefers the storage containers because of the way they are built and indicated they would be placed discretely on the property and he would screen them with siding and paint if they could be seen.  He doubts if the ordinance was passed, that property owners in the Historic Township or in Padre Canyon will be running out and obtaining storage containers.  It would primarily benefit him or maybe someone else.  Barbara Rusick of 1078 E. Mesa Vista Drive spoke in opposition to this amendment indicating there are 51 lots in Padre Canyon that storage containers could be placed on and they would block views.  She suggested they could be allowed in the Historic District.  Lisa Rutherford of 173 N. Painted Hills Drive indicated she lives in a neighborhood with CC&R’s (covenants, conditions and restrictions) and has seen those limits pushed.  Valerie Noel Ciardi of 966 E. Mesa Vista Drive and Glen Ravenberg of 1026 E. Anillo Court spoke in support of this amendment based on the storage containers being screened and having similar materials and architectures as the main structure.  There being no further comments, Mayor Hart moved onto the next Public Hearing item.
4) Chapter 21, Section 16.21.118 and Table 21-2 regarding changing the real estate sign regulations: Kevin Rudd stated the applicant is requesting a balloon and flags be utilized, the temporary community identification sign be increased to the size of 48 square feet and that the height be increased from eight feet (8’) to ten feet (10’).
Mayor Hart opened the Public Hearing. Jon Ence with Ence Homes provided analysis information and a priority list to the City Council.  A copy is available by request through Ivins City Hall.  Mr. Ence indicated that only four percent (4%) or 15 people found Sun Crest using the internet.  The analysis information indicatesd age makes a difference with 67% of the foot traffic to Ence’ model homes were ages 50 or older.  The majority of the foot traffic is passersby who found their development by driving around which illustrates the importance of increasing the visibility of their communities by larger signage at the entrances, flags and a balloon.  Mr. Ence referred to the priority list options and stated of those options, the most preferred option under item 1 is option 1 which allows one five foot (5’) diameter balloon per new home community raised to the height of 100 feet from 10am that is retrieved at the close of the sales day, and flown on weekends, holidays and during the parade of homes.  Regarding item 2, Ence Homes is requesting to place 2, 3x7 flags raised to the height of 20 feet at each entrance of the community.  Torn or tattered flags will be replaced immediately by the owner.  Regarding item 3, Ence Homes is requesting to replace two (2), 4x8 temporary community identification signs with two (2), 6x8 signs that stand two feet (2’) off the ground or at a total height of ten feet (10’).  The Planning Commission approved one (1) double sided sign per entrance at a size of 6x8 with a maximum height of eight feet (8’) but that would put the sign on the ground.  He requested that be raised by two feet (2’) to get the sign off of the ground to prevent the sign from getting dirty and allow landscaping and shrubbery under the sign giving the sign a finished look.  Mr. Ence provided a copy of sign comparisons to illustrate what a ten foot (10’) sign would look like.  A copy of the comparisons is available by request through Ivins City Hall.  Regarding item 4, Ence Homes requested to use eight (8) additional 16"x24" temporary off-premise directional signage to be used on weekends and holidays.  The Planning Commission recommended allowing two (2) 2’x3’ off site signs with a temporary permit and Mr. Ence indicated Ence Homes is agreeable with that recommendation.  Glen Ravenberg of 1026 E. Anillo Court, Valerie Noel Ciardi of 966 E. Mesa Vista Drive and Lisa Rutherford of 173 N. Painted Hills Drive expressed concerns with where the signs would be placed; if the signs would be allowed in the public right-of-ways and roundabouts; public safety concerns relating to being a safety hazard, distraction or obstructing visibility and; how Ivins would look.  Steve Davis with the Southern Utah Home Builder Association indicated the signs would not be placed in the public right-of-way nor would they be a safety hazard, distraction or affect visibility and clarified that the current ordinance states where signs are allowed.  Kevin Rudd clarified the City allows small off site signage that is 2x2 in size and a permit can be obtained for two (2) of those in the City’s right-of-way.  Roundabouts are off limits and if the City feels there is a safety or sight problem, they’re asked to move them. If they are placed on private property, the property owner would need to consent or it would not be allowed.  There being no further comments, Mayor Hart moved onto the next Public Hearing item.
5) Chapter 12, Section 16.12.113(5) and Appendix A Written Text regarding three domestic horses in Padre Canyon: Kevin Rudd indicated the proposal is to increase domestic livestock in Padre Canyon Estates phases one (1) through four (4) from two (2) domestic horses to three (3) domestic horses on lots one (1) acre or larger.  The Planning Commission has recommended denial of this amendment.  Council Member Elwell stated not much is required for a lot line adjustment and inquired if there were any lots in Padre Canyon Estates that could be adjusted.  Kevin Rudd indicated a lot line adjustment is possible.  Council Member Densley inquired about the City adopting Padre Canyon Estates CC&R’s (covenants, conditions and restrictions).  Mayor Hart clarified that the City doesn’t adopt CC&R’s.  The City adopted the Written Text for that project as part of Ivins zoning ordinance.  The CC&R’s are a non-issue as far as the City Council is concerned.  He requested if there was someone who was the designated spokesman for the pros and cons of this issue, and that would be appreciated.  The point of a public hearing is to provide factual information to assist the Council to make a prudent decision and if possible he requested that the same information not be repeated again and again and that comments be held to not more than 5 minutes.  The applicant Steven Weida of 63 S. Padre Canyon Drive stated his request is to limit the number of horses from two (2) horses to three (3) horses for lots greater than one (1) acre.  He and his family moved to Ivins in August 2004 and moved to Padre Canyon Estates because of the ability to keep horses and the rural nature of the area.  He has two (2) daughters that are involved in 4-H and indicated horses are an excellent teaching tool for kids.  When he met with the City to make this change, he was told that he would need to go through a zone change and change the CC&R’s so he started with the CC&R’s.  Padre Canyon Estates Phases one (1) and two (2) have the same CC&R’s and phases three (3) and four (4) have different CC&R’s.  There are twenty-three (23) lots in Padre Canyon Estates that are greater than one (1) acre, with one of those being owned by Ivins City.  Currently there are five (5) lots out of 119 lots where the owners have horses on those lots.  Phase four (4) had their CC&R’s amended to allow for more horses.  Attorney Daren Barney who was then the Mayor, handled the legal work that amended those CC&R’s.  Mr. Weida referred to four (4) elements for the City Council to consider: 1) Welfare of the people; 2) Animals; 3) Property values and; 4) Sentiment within the community.  He indicated the minimum setback requirements for horses, corrals, enclosures and the like would not change if this amendment was approved.  The natural problems with smells and flies are eliminated by keeping the property clean and he cleans the corrals at least once a day.  He referred to manure management and stated the Ivins City Park and Recreation Department has agreed to take manure on a periodic basis for fertilizer.  Regarding the welfare of the animals, the sizes of his corrals are large and more than adequate and each animal has it’s own shelter.  There are no set standards for corral size and he would not be opposed to the imposition of minimal standards city wide.  Regarding property values, Padre Canyon Estates has been designated as a horse property since it was first developed.  Perspective horse property buyers will pay a premium to maintain their animals on their property.  Regarding sentiment in the community, that is best expressed by the fact that Mr. Weida amended their CC&R’s that allow for the keeping of three (3) horses on lots greater than an acre.  Mr. Weida referred to a letter from Attorney Greg B. Walker stating that in his legal opinion, the process Mr. Weida followed to amend the CC&R’s for Padre Canyon Estates phases one (1) and two (2) were valid and enforceable.  Mayor Hart opened the Public Hearing for this item.  The following spoke in support of amending the ordinance to allow three (3) domestic horses on lots that are one (1) acre or larger, indicating they purchased their property because it was horse property and although some owners do not have horses, they wanted that option and having a horse property increases the value of their property.  They stated Mr. Weida’s horse area is immaculate, well taken care of, the corrals are more than adequate and there is no odor or fly problem: Cindy Tate, Phase 4; Larry Newell, Phase 1; Rachelle Ehlert, Phase 3; Cynthia Hutchison, Kayenta; George Felt, Phase 1; Jim Hatzidakis, Phase 2; Ellis Harlin, Phase 1; Diana Tamasick, Phase 2 and; Kimberly Davis, trainer/handler for a large number of animals.  The following spoke in opposition to the amendment, stating they knew their property was horse property when they purchased it and have no problem with the current restriction of two (2) horses; there is no compelling reason to allow more than two (2) horses; opinions differ regarding property values; there have been issues with manure and smell; the amendment to the CC&R’s was done improperly, contains several errors and should be null and void; one (1) acre is not a lot of land when there is a home, yard and area for horses; Mr. Weida has been a chronic violator of the law and; Mr. Weida has found a way to keep three (3) horses on or near his lot without a zone change, by utilizing the adjacent lot: David Hunt, Phase 1; Keith Nielsen, Phase 1; Gary Oyler, Phase 1; Melanie Hunt, Phase 1; Glen Ravenberg, Phase 1; Valerie Noel Ciardi, Phase 1; Carol Leavitt, Phase 1 and Barbara Rusick, Phase 1.  There being no further comments, Mayor Hart closed the Public Hearing.  The City Council meeting was in recess from 8:00 p.m.-8:10 p.m.

The Mayor and City Council
discussed the following Public Hearing items: 
1) Chapter 28, Section 16.28.103 allowing a Special Exception for relocation of existing signs in the public right-of-way: 
Council Member McDonald indicated he spoke with Mike Guisinger and Mr. Guisinger indicated to him that he is fine with whatever the City Council recommends.  The Mayor and other Council Members agreed with the Planning Commissions recommendations.*
2) Chapter 12, Section 16.12.104(4a) regarding larger attached garages in residential zones:
The Mayor and other Council Members agreed with the Planning Commissions recommendations.*
3) Chapter 12, Section 16.12.103(9) regarding storage containers on large lots: 
Council Member Elwell and Council Member Mendenhall agreed with the Planning Commissions recommendations.  Council Member Elwell stated the containers are made of high gauged steel and are designed to transport items overseas, roll off and stack on ships.  They have poor ventilation and are an eye sore.  They would be a safety issue and any number of health situations could arise from that type of apparatus being in a back yard.  It would be a health, safety and welfare problem for the City to allow storage containers.  Council Member Mendenhall agreed with a lot of Council Member Elwell’s statements but suggested as an alternative to allow storage containers in the Historic Township area only.  Council Member Roberts and Council Member Densley disagreed with the Planning Commission’s recommendations and supported storage containers being allowed if they are concealed.  Council Member McDonald stated he doesn’t have a problem with storage containers being allowed.  Council Member Roberts indicated that comments at the Planning Commission regarding the storage containers being unsightly or ugly are a difference of opinion.  Property owners have the right to chose what is in their yard.  Trampolines and swimming pools are safety hazards.  A well maintained container is no different than a well maintained out building and the Washington County School District uses storage containers where there are many children around the containers.  They are also used by church groups in a modified way to house girls’ camp.  A storage container is located across the street from the Police Department and the majority of people do not know it’s there and it isn’t negatively affecting anyone because it isn’t seen.  Council Member Densley isn’t sure about allowing storage containers that are twenty feet (20’) long but indicated they are available in shorter lengths.  He also has no problem if the neighbors approve of the storage units and they are screened in some way.  Mayor Hart stated if storage containers are allowed and there are problems with them, those that are in existence will be grandfathered in if the ordinance needs to be changed.
4) Chapter 21, Section 16.21.118 and Table 21-2 regarding changing the real estate sign regulations:
Council Member Elwell indicated he supports the Planning Commissions recommendation with a possible compromise on the first preference of a 5 foot diameter balloon raised during high traffic community events such as the Parade of Homes, Senior Games, Ironman/Fitness Festival although he would want clarification on the "etc.".  Regarding the request to place 2, 3x7 flags raised to the height of 20 feet at each entrance, he stated that flags can create a horrible noise in the wind and he does not see the need for those.  Regarding the request for a temporary identification sign, he likes what the Planning Commission recommended.  Council Member Mendenhall indicated she attended the Planning Commission meeting in its entirety.  The Planning Commission agreed to allow the balloon only for the Parade of Homes but she agreed with Council Member Elwell to include Parade of Homes, Senior Games, Ironman/Fitness Festival.  She is not in favor of flags and agreed with the Planning Commission’s recommendation for a temporary identification sign and has no problem with the temporary identification sign being a total of ten feet (10") in height.  She is not in favor of any additional off premise directional signs.
Council Member Roberts stated the Council needs to understand that the developers are trying to market their homes, which benefits Ivins City with impact fees, less dust and weed nuisance problems and less time the neighbors have to deal with construction and noise.  Flying a balloon one time a year isn’t effective marketing.  He is in favor of allowing the balloon on weekends, holidays and during the Parade of Homes and indicated a ten foot (10’) sign should be allowed.  He is also in favor of the flags.  Council Member McDonald indicated he is in favor of option b (weekends during the developers top selling seasons, Feb-May & Sep-Nov) or option c (during high traffic community events like the Parade of Homes, Senior Games and Ironman/Fitness Festival) and more likely option c.  He is in favor of the flags and feels they are a benefit and he is in favor of the temporary identification sign being a total height of ten feet (10’).  Council Member Densley has no problem with a balloon on weekends and holidays and has no problem with the flags.  He thinks that anything the City can do to market the developers’ product he is in favor of.  He has no problem with the other requests.  Mayor Hart reminded the Council that temporary identification signs are for the length of the development, which could be ten (10) years or more.
5) Chapter 12, Section 16.12.113(5) and Appendix A Written Text regarding three domestic horses in Padre Canyon:
Council Member Elwell likes Mr. Weida’s operation however his decision is not and cannot be based on the applicant's operation.  He opposes the amendment for the following reasons: 1) Once in place the ordinance would allow similar operations in Padre Canyon by others who may not employ best practices relative to sanitation and exercise and care of the animals; 2) simple lot line adjustments could potentially create a plethora of full acre lots which would then be eligible for similar activity; 3) Padre Canyon is one of six (6) subdivisions with a written text adopted by Ivins City as partial zoning or land use limitations/allowances for the respective subdivisions.  That was done years ago and was expedient for the time.  The City now has a comprehensive zoning ordinance and he firmly believes that changes to any of the previously adopted written text should be changes that would embrace consistency with the ordinance and not increase the divide between the two.  The proposed amendment would move the Padre Canyon written text even further outside the umbrella of Ivins zoning ordinance and; 4) several years ago it was proposed to eliminate all large animals from all residential property throughout the City, including Padre Canyon and the .88 acre old township lots.  He opposed that and argued that people purchased property that allowed them to have large animals and that right should not be taken from them unneccesarily.  His present position is consistent with his previous argument.  Everyone, including Mr. Weida, purchased property in Padre Canyon knowing there was a large animal limitation set at two (2).  In his opinion the maximum number of large animals should remain at two (2).  Council Member McDonald is in favor of not amending the ordinance and keeping the number of horses allowed to two (2).  Council Member Mendenhall is in favor of not amending the ordinance and keeping the number of horses allowed to two (2).  She visited Mr. Weida’s property and it is spectacularly well kept but not all people take care of their animals the way Mr. Weida does and she feels if more than two (2) horses are allowed, it would change the character of the neighborhood.  Horses are pack animals and she would like the Council to consider allowing adjoining property owners to open up their fences and allow the horses to co-mingle.  She would prefer to see less fencing and see the horses walk free so long as the ordinance is not defied and people don’t place more horses than are allowed.  Council Member Roberts visited Mr. Weida’s property, which was immaculate.  Council Member Roberts has had some experience with horses and indicated having one (1) or eight (8) horses, the smell is the same.  He doesn’t see a problem with amending the ordinance to allow three (3) horses.  Regarding Council Member Mendenhall’s proposal, he agreed with that.  Council Member Densley abstained.  Dale Coulam referred to Council Member Mendehall’s suggestion to allow the horses to co-mingle and clarified that suggestion would be a different amendment and it would be appropriate to give the public notice to be heard on that.

*A copy of the Planning Commission’s recommendations is available by request through Ivins City Hall or may be viewed in the Planning Commission Minutes dated February 28, 2012.
B. Discuss and consider approval of Ordinance No. 2012-02, an Ordinance of Ivins City, Utah, Amending Various Provisions of the Zoning Ordinance Text

MOTION: Council Member Elwell moved to table Ordinance No. 2012-02 to the next meeting
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


5) DISCUSSION AND POTENTIAL ACTION ITEMS

MOTION: Council Member Mendenhall moved to suspend the rules and move items to be heard in the following order: B, C, A
SECOND:  Council Member Elwell
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. Discuss and consider approval of Resolution No. 2012-06R, a Resolution of Ivins City, Utah appointing a Planning Commission member
Mayor Hart indicated he has received and reviewed the resumes sent to him and read the following statement: 
"I have reviewed all the resumes that have been sent to me and find no candidate for the vacant Planning Commission position more qualified than John Reed whom I appointed last meeting and the Council rejected.  I can’t recall another Commissioner who better understood or was more committed to implementing our General Plan than John Reed.  Research and analysis is a critical component of the Planning Commission’s work and once again I can’t remember anyone who was more thorough or devoted more time researching and analyzing the issues before them than he has.  John brought a solid planning background and keen mind to the table.  I have also found him to be fair minded and thoughtful about balancing the vision of the General Plan against the impact it has on individual residents, businesses, property owners and developers.  Given these observations, to suggest that another person would do a better job is counterintuitive to me.  So I can only conclude that there are other reasons the Council had for failing to confirm him.  I’m curious as to what they are.  The one given in the previous motion to deny, that being that you know of others who are interested in filling the position is not a compelling one to me.  There are others interest in filling all our positions.  Appointed to take the place of another Commissioner who resigned, John hasn’t even served a full term as yet.  And even if he had, other in the past have served more than one term on the Planning Commission and it’s been a good thing given the time it takes for a new member to learn the issues and ordinances under consideration.  I also feel that personality, style or political persuasion should not be considerations.  We all rub someone the wrong way and we serve under no political party banner.  The Planning Commission is intended to be an apolitical semi-professional planning body whose sole focus is on properly executing the General Plan.  To me varying backgrounds and points of view are healthy things when it comes to planning for a city with a diverse population like we have.  As Mayor it is my right and responsibility to appoint qualified individuals to serve on the Planning Commission and I have done so.  I would hope that the Council would confirm those appointments unless there are compelling reasons not to.  Those reasons in my opinion should be based on lack of experience, inadequate qualifications or failed past performance, not on personal bias.  I think that casually dismissing an appointment without cause isn’t fair to me or the person I appoint.  That being said you are the consenting authority ad I will abide by your decision.  I will ask one last time if any Council member wishes to change his or her position concerning the appointment of John Reed to the Planning Commission.  Seeing none expressed I will move on.  But before I present my alternate appointment I would be remiss if I did not personally thank John not only for myself but for this and the previous City Council, the Planning Commission he has served so well and the community at large for his tireless service to Ivins City even during times of great personal difficulty.  His devotion to his position has been exemplary.  He has spent countless hours researching the issues before the Planning Commission thoughtfully coming to his own conclusions.  His efforts have helped to guide our City planning since he was first appointed and his influence will be felt for decades to come.  Unless I hear a motion to re-appoint John Reed I have chosen Lance Anderson to fill his vacant Planning Commission seat.  He too is well qualified and will do an outstanding job I’m sure.  Lance has been involved in City issues for nearly ten years and has rarely missed a Planning Commission or City Council meeting.  He understands our ordinances, our process and the importance of planning in accomplishing the objectives of our General Plan.  His planning background and business experience particularly as it relates to interaction with this and other cities gives him a practical perspective that will be useful in determining the implications and impact of issues under discussion on property owners and the development community.  I find Lance to be a reasonable individual with a long standing and deep affection for Ivins City and its people.  I therefore present his name to you as my second choice."
Council Member Elwell seconded all of the things the Mayor said and sustained him in his appointment of Lance Anderson.  Council Member Mendenhall read the following statement "I would like to say for the record how disappointed I am with the way this issue was handled at the last meeting.  First and foremost, it intimated a lack of trust in the Mayor's judgment and lack of faith that he gave thoughtful consideration to his appointment.  There is no one here who can make a more informed decision than Chris.  Not one of us has the diversity of experience in our local government that he has.  He has served on various citizens committees, the Planning Commission, Planning Commission Vice Chair, Chair, City Council and Mayor.  To intimate that his decision was not well thought out and proper indicates that lack of trust.  It is a Mayoral appointment with advice and consent of Council which means we can put in our two cents, but when it comes down to brass tacks, it is the Mayors decision.  Given Chris’ dedication to the City, it is difficult to understand how that decision could be dismissed.  Also the ramifications of the action were seemingly not considered.  Thus indicating a lack of understanding of protocol.  The Planning Commission was left without a member for their most recent meeting, something that has never happened on purpose in at least the past ten years.  Also knowing that the Planning Commission is in the process of the Chapter 19 re-write, one could not possibly expect that someone with no previous experience in municipal government could possibly contribute in a productive manner to that effort, given the immense learning curve that is expected of a Commissioner.  The proper procedure would have been to immediately contact the Mayor after receiving the Agenda and express the desire for other candidates to be considered, not wait until the evening of the appointment.  Also, this is not the first, nor will it be the last, Planning Commission appointment that comes before this body.  You will have ample opportunity to bring forth other candidates for consideration.  I would hope that moving forward there would be more thought and consideration given to the process before taking presumptive action." 
She wished John Reed well and thanked him for his service and agreed with Mayor Hart’s appointment of Lance Anderson.  Council Member Roberts referred to an email Mayor Hart sent to the Council that indicated the Mayor didn’t think political things should be relevant in this appointment but stated that the definition of political is "anything of or relating to the structure or affairs government, politics or the State."  Everything the City Council does is political.  Partisan is a different issue and he has not asked what party a potential Planning Commission member belongs to.  People have values and beliefs regarding personal property and adjudication of the General Plan.  The Council does what they feel they have responsibility to for their constituents.  Council Member Roberts spoke at length with Lance Anderson and likes him personally but has some disagreement with how he thinks Lance would adjudicate his responsibilities in accordance with Council Member Roberts beliefs about personal property and such.  Council Member Roberts recognized that Mayor Hart is the Mayor and is very capable as the Mayor but stated that doesn’t force the Council to agree with the Mayor all of the time.  Council Member Densley indicated late that afternoon he had emailed information on additional applicants to the Mayor and he would appreciate it if this agenda item was post poned so the Mayor can review the information on the other applicants.  Mayor Hart stated he has reviewed several resumes and is aware of others who are interested in serving but that it was not casual thinking that led him to Lance Anderson.  Mayor Hart has a clear picture of what he thinks will work on the Planning Commission.  Currently the Planning Commission is missing representation by someone from the development community.  If Lance is not confirmed tonight, he assured the Council that is the type of person he will be presenting to the Council for appointment.

MOTION:  moved to
SECOND: 
VOTE: The motion failed.

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

Roll call vote.  Two Council Members voted in the affirmative and three Council Members voted in opposition.
C. Discuss and consider approval of Easement/Block Wall Agreement for Nielsen property
Judy Gubler stated this agenda item also relates to Consent Agenda item A.  Several years ago when the Center Street wall project was approved, in exchange for the property owners granting an easement, the City installed the wall to push it back away from the trail.  There were two (2) property owners that did not participate in that project at the time and one of those property owners is Mr. and Mrs. Nielsen.  There property is located near where the roundabout is currently being constructed.  The City and the Nielsen’s have had numerous meetings to discuss how the wall would take shape and other items which are contained in the agreement.

MOTION:  moved to
SECOND: 
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

6) CONSENT AGENDA
A. Approve expenditure for installation of masonry wall on Center Street adjacent to Nielsen Property
B. Approval of Meeting Minutes for March 15, 2012
See Motion under item 5)C above.
A. Continued discussion of Fiscal Year Ending 2013 Budget
Bob Flowers stated the City will be losing the fire station in Kayenta in the near future.  There have been several meetings discussing the fire station situation in Kayenta and they are all in agreement that something needs to be done.  There are possible grant opportunities and other financial options to address the situation.  Regarding his request in the budget to increase the officer reserve hours, approximately a year and a half ago a full-time officer left and that position was not filled with a full-time officer but with part-time reserves.  The benefit to the City is the City is not paying full-time benefits and it gives the City flexibility to use the reserves where they’re needed.  Lee Pyper was a full-time officer and has recently left Ivins City and the City has received the retirement notification of full time officer Tracy Marrott as of July, 2012.  The City has a small and aging fleet with an average of 120,000 miles on the patrol vehicles and the City is spending a lot of money on the aging fleet.  The Police Department needs to replace four (4) vehicles but Chief Flowers knows that isn’t possible so he is asking for two (2) vehicles to be replaced.  Chief Flowers asked for funding for Ivins part-time fire fighters & EMT’s to take some of the demand off of the police officers and he has requested an increase in the volunteer stipend.  Chief Flowers thanked the Council for providing the Police and Fire Department with what they’ve requested in the past.
Judy Gubler referred to privatization of the ambulance and indicated the city is not at a point to make a recommendation on that.  The City sent a staff member to training for the ambulance billing and is assessing the possibly of that being brought in-house.  She is looking for feedback on the request from the Kayenta Arts Foundation for $2,000 and assistance with parking.  Council Member Roberts referred to Dixie Care and Share and stated there is a need there as well and suggested the possibility of $1000 going to the Kayenta Arts Foundation and $1000 going to Dixie Care and Share but is unsure if that would be ongoing.  He would prefer to see the money go to a capital improvement facility for Dixie Care and Share over the long term rather than a temporary fix.  Mayor Hart inquired about lending support for parking and public safety personnel to assist with traffic.  Judy Gubler recommended the burden be on those requesting the assistance so they can solve the problem and if the City has to be involved, the requestor pays for it.  She would hate to set a precedent.  Tuacahn pays Ivins for their traffic control and when there is a Special Event, if traffic control is needed, they pay for it.  She would not want to volunteer the police officers when there are other needs.  Council Member Mendenhall inquired if there is money budgeted to other events similar to the Kayenta Arts Festival.  Judy Gubler stated she doesn’t recall other events but indicated the City has made donations to Tuacahn, the Orchestra and other similar venues.  The Mayor and City Council agreed to keep the request in the budget and address it later.  Council Member Roberts asked if a reduction in property taxes was possible.  Judy Gubler indicated there is a fund balance (reserves) that has been built up during the down times primarily because the City has capped employee salaries. The General Fund balance can be spent in several ways including on projects, used as a rebate to lower the tax rate and many other ways.  Council Member Densley inquired if the taxes are regulated by the State.  Judy Gubler stated Ivins tax rate is established by the City.  The State does the calculation but it is based on the City’s anticipated revenue.  If the City budgets for less revenue, the State lowers the tax rate.  The County regulates their own tax rate, the School District regulates their own tax rate, the City regulates their own tax rate and the County collects it.

7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell - no report
Council Member McDonald - no report
Council Member Mendenhall provided an example of an advertising mailer to Council Member Densley
Council Member Roberts - no report
Council Member Densley - no report
B. Mayor
Mayor Hart reported he attended the Miss Ivins Pageant and it was a great event.
C. City Manager, Judy Gubler
Judy Gubler provided follow-up notes to the City Council, a copy of which is available by request through Ivins City Hall.  She referred to the business directory and indicated the data has been received and Staff is discussing the format for the directory.  She has had some discussions with Santa Clara regarding cost sharing of the sewer truck and there has been an inquiry as to the option of sharing resources in public safety.  She would like permission to explore that and the Mayor and City Council Members agreed.
D. City Attorney, Dale Coulam
No report
E. Items to be placed on future agendas
An ordinance addressing Steven Weida’s situation regarding co-mingling of horses on contiguous properties.

9) CLOSED MEETING - NONE

10) ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND:  Council Member Elwell
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 10:12 p.m.

Respectfully,

Kari D. Jimenez, CMC
City Recorder