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
March 6, 2014

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, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, Chief of Police Bob Flowers, and Building and Zoning Administrator Kevin Rudd.
EXCUSED:   Council Member Densley
Audience: Pat Evans, Christy Edwards, Gillian Papanikolas, DeAnne Hanson, Sue Ann Skudlarczyk, Dan Kendrick, Gayle Bray, Jenny Gough, Tom Skudlarczyk, Alan Rothenberg, Cheryl Rothenberg, Joyce Spinelli, Lanelle McCollen, George Stoddard, Blaine Dabb, Sonja Dabb, Judith Kapuscinski, Richard Kinsman, Mary Lee Brighton, Marcix Thzyne, Beverly Bell, Eve Blackburn, Roy Blackburn, Evan Erickson, Jeff Hafer, Brylee Mixon, Owen & Sandy Johnson, Ingrid Tabash, Steve Ritchey, Marianne Hammerschmidt, Cynthia Hutchinson, Jan Hansen, Ursula & John Reikes, Penny & Jeff Feldman, Rob Roush, Emily Northcott, Garry Morris, Pam & Brent Layton, Kim Bess, Sue Shives, Fletcher Shives, Tom Fabio, Pam Russo, Eva Wetten, Kathy Barth, Bettina Gebhard, Roger Roos, Mike Burkley, Gail Fulde, Delores Osborn, Susan Jager, Dean Platis, Aly Hansen, Susan Dint, James Broadhead, Diana Broadhead, Barbara Rusick, Jeanette Sneed, Jare Blackwell, Bruce Schroeder, Ginni Gerek, Maria D. Solorio, Cheryl Collins, Gary Collins, Wendy Bradley, Claudette Larsen 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
There were no disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Parks and Recreation and Public Safety
Benny Sorensen reported the 11th year of basketball is over.  Southern Utah Baseball hosted a tournament at Unity Park on February 28th and March 1st.  There were 8 or 9 teams that participated from Southern Utah and Las Vegas.  Ivins Soccer hosted a small tournament on February 28th and March 1st; they played on two fields.  The Dirty Hurty is on Saturday March 8th.  Rocky Mountain School of Baseball and Snow Canyon High School girls softball tournaments are next Thursday, Friday and Saturday.  We are currently registering for baseball and tennis lessons, and there were no burials in the month of February.
Bob Flowers provided a written report.  Ambulance calls have significantly increased since the service area was expanded.  There was a rescue in Anasazi.  They served a couple of warrants and they're back on the drug task force. 
Mayor Hart had an individual contact him expressing a concern about a volunteer fire fighting force and the impact that has on response times.  Bob Flowers stated that approximately 80 percent of Fire Departments in America are volunteer.  We'd be happy to go full time if it was funded, but it's extremely expense.  We do have a Chief and another full-time employee as well as the police officers who are cross-trained in fire fighting.  He feels our community is served extremely well by the volunteers in this City.  Mayor Hart referred to the fire that occurred recently just off of Center Street where a home burned down and other units responded.  Chief Flowers replied that is standard protocol to respond to each other's fires especially if they're structural.  He is very pleased with Ivins' response times.
B. Planning Commission Report
Dale Coulam stated the Planning Commission moved forward with the recommendation on the Sensitive Lands ordinance, which will be presented at the next City Council meeting.  There was further discussion on Chapters 18 and Chapters 19 on view shed preservations.  Further conversation was completed after item 4A.   Kevin Rudd finished the Planning Commission Report and commented on the Public Hearing for the amendments to the Table of Uses.  Staff feels that the use table should be amended to allow certain light manufacturing within our other commercial zones when there is a retail component.  Examples of types of businesses which could have a combination retail/light manufacturing include backery/food, cosmetics, clothing, etc. The Planning Commission Staff approved this and is bringing it forward to the City Council.

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

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the Planning Commission’s recommendation to approve a Preliminary Plan for Four Over One Subdivision located on 177 East 100 North.  Janice Warner, applicant
Kevin Rudd indicated this is a two lot subdivision located on 100 North and 200 East.  There's an existing duplex on the property.  The property owner would like to subdivide and place another duplex on the property.  The zoning is R-M (Multiple Residential District) which does allow multiple housing.  Staff recommends approval.  Council Member Roberts asked if any structure built would be limited to height.  Kevin Rudd replied yes, and it will have to be of similar architecture so it blends in.  The existing duplex is a single level.  The owner may also consider building a single family dwelling.
Mayor Hart opened the Public Hearing.  There were no comments.  Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of the Planning Commission’s recommendation to approve a Preliminary Plan for Four Over One Subdivision located on 177 East 100 North.  Janice Warner, applicant
There were no comments or discussion.

MOTION: Council Member Mendenhall moved to approve the Planning Commission's recommendation to approve a Preliminary Plan for Four Over One Subdivision located on 177 East 100 North - Janice Warner owner.
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 ABSENT

C. Public Hearing on the Planning Commission’s recommendation to approve proposed zone change south of 300 North in the Old Township to allow widths of 72.5 feet in Medium Density Residential zones
Kevin Rudd stated this property is currently zoned M-H (Mobile Home District) which has minimum lot width of 80'.  The lots in the Historic Township are 145' and so in order to subdivide a lot the lot widths would need to be 72.5'.  Changing the zone to RE-12.5 would allow 72.5' lots.  However, Staff suggests instead of going through numerous zone changes, it'd be wise to change the entire Historic Township plat.  The Planning Commission recommends all medium density lots within the boundaries of the Historic Township to have a minimum lot width of 72.5'. 
Mayor Hart opened the Public Hearing.  There were no comments.  Mayor Hart closed the Public Hearing. 
D. Discuss and consider approval of Ordinance No. 2014-07, an Ordinance of Ivins City, Utah, approving a zoning text amendment regarding minimum lot width on lots south of 300 North in Old Township
There were no comments or discussion.

MOTION: Council Member McDonald moved to approve Ordinance No. 2014-07, an Ordinance of Ivins City, Utah, approving a zoning text amendment regarding minimum lot width on lots south of 300 North in Old Township
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 ABSENT

Roll call vote, all Council Members voted in favor.

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss coyote/trapping public safety concerns
Mayor Hart reminded the audience that this item is not a Public Hearing.  However, since he had asked for more information about traps when the issue was raised last meeting, Christy Edwards provided a PowerPoint presentation to the City Council. A copy of the presentation will be kept with these minutes and is available by request through Ivins City Hall. She reiterated concerns raised at the prior meeting about the hazards trapping poses to people and pets and also presented information to the Council about some of the common types of traps used when trapping coyotes. She then requested that Ivins City create an ordinance regulating trapping within City limits and made some suggestions to be considered in drafting such an ordinance. Mayor Hart indicated he received a number of emails in support of taking this type of action, as well as emails from licensed trappers, one of which was Troy Dennett. He requested that Troy Dennett speak regarding licensed trapping. Troy Dennett stated that trappers are encouraged to not place traps near trails but said some trappers have not followed that guideline. The State of Utah encourages the trapping of coyotes and recently increased the bounty from $20 to $50. He stated that coyotes are beautiful animals, but can become aggressive in large numbers when they are in populated areas. He told the Council of incidents where calves and over 1000 pheasants were lost to coyotes on his father-in-law's farm.  He also stated that legal and responsible trappers use traps that are labeled and stamped which allows them to be identified. He brought a trap with him and demonstrated how it works and how it is released. He requested that legal and responsible trapping be allowed. Mayor Hart requested information from the City Manager and City Attorney Dale Coulam. Dale Coulam indicated there are a couple of cities that prohibit trapping outright and there are some that prohibit trapping in parks, including Ivins. This is a balancing act on the City Council's part, to balance safety issues and private property rights. Coincidentally this week, Channel 2 news reported about coyotes killing dogs in backyards in Salt Lake County and the residents expressed concerns about possible attacks on their children. Coyotes become aggressive, especially if they are fed by people. Mayor Hart opened the discussion. Council Member Elwell thanked Christy for the presentation and Troy Dennett for the information he provided. There were complaints a few years ago regarding coyotes on Center Street near the main roundabout at the entrance of the City. There was a walker on the trail that came across a coyote that stared him down and Council Member Elwell's daughter also experienced a similar incident. He lives next to what is known as the SITLA 120 property and he feels that his grandson's cat was caught by a coyote. He also respects the coyotes for keeping the rodents down. He is concerned with trapping and/or discharging a firearm in the City and would like to do more research and then discuss those issues. If traps are allowed in some way, he would like to see them away from trails and see specific signs or information prominently displayed to warn people in the area. He would also like there to be a provision that if a trapper inadvertently traps something, it is released within a certain time frame. He needs more time to be able to resolve what he would be comfortable with to meet the needs of both sides of the issue. Council Member Mendenhall stated she is 100% in favor of a total and complete ban of trapping. Predators are not vermin and are important to the natural environment. Allowing trapping in the City would do nothing but financial harm to the City. She referred to a story about a woman from Wyoming who had an experience where her dog was captured in a trap in Utah. The woman created a Facebook page with innumerable likes and shares and it affected her decision to not visit Utah again. If the City had an ordinance, the City would have recourse. Ivins is a destination community and agreed that people cannot feed predators because once they do, they lose their fear of humans and start to cause a problem. She needs more time to review this issue but would like to see something that completely and absolutely prohibits trapping in Ivins City limits.
Council Member Roberts read portions of several emails he had received and indicated that it seemed clear to him that those emails weren't about the safety of children and grandchildren but rather political statements to prohibit the trapping of coyotes.  He also referred to several instances where humans had been attacked by coyotes.  He also stated that he had done a lot of research to see if humans had been injured by traps and he couldn't find one (1) incident of injury to a human by traps. He concluded that traps are not dangerous to humans, but coyotes are. He recognized that traps are dangerous to pets and to individuals trying to release their pets from the traps. He referred to reports regarding attacks by coyotes on humans from the USDA Wildlife Services California Department of Fish and Wildlife and a University study. He related an incident he had a few months ago where he was jogging early in the morning near his home and came face to face with a coyote that stared him down, which is not what coyote behavior has been. He stated coyotes are becoming dangerous to people. He is concerned about the safety of the citizens, particularly children. He doesn't like to see pets in traps and agreed that traps should be kept off of trails. The City Council needs to discuss the real safety issues and not be part of a political movement to stop coyote predation across the state. Council Member McDonald stated he appreciated everything that had been said and sees both points of view. There is a reason the traps need to be hidden because coyotes are not dumb. If an alternative like a box trap is used, the odds are very low of trapping a coyote in a box trap. He lives in the middle of town and has had three (3) chickens removed from his property by coyotes. He thinks more research is needed before the Council can enact any type of a policy. He is in favor of tabling this issue for the City Council to review the information that's been provided. Council Member Elwell referred to SITLA and inquired if that entity had constraints on its property. Dale Coulam stated that he was contacted by a SITLA representative and was told that the land was open both hikers and trappers.  They would not be involved in the enforcement of any ordinance limiting trapping; that would be left to the city.   Mayor Hart stated he is in favor of some type of regulation being put in place.

MOTION: Council Member McDonald moved to table agenda item 5)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 ABSENT

B. Discuss and consider approval of Ordinance No. 2014-06, an Ordinance of Ivins City, Utah, adopting the 2012 International Residential Code, including Appendix G thereof regarding swimming pool enclosure requirements
There were no comments or discussion.

MOTION: Council Member Elwell moved to approve Ordinance No. 2014-06, an Ordinance of Ivins City, Utah, adopting the 2012 International Residential Code, including Appendix G thereof regarding swimming pool enclosure 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 ABSENT

Roll call vote, all Council Members voted in favor.
C. Discuss and finalize prioritization of department needs for upcoming fiscal year budget
Dale Coulam commented on the few minor department changes.
Mayor Hart commented on the bus service that is to be initiated.  Dale Coulam stated originally it was a 10 year replacement time frame but with St. George adding on their route, it is now a 5 year replacement.  So we replace one bus every ten years or half a bus every five.  We still have the ambulance situation where we will need to budget for replacing our older vehicles.  Staff will need some indication if we should start saving for that or plan on taking a loan and pay it; Alan Rae gave the example police cars been leasing on a 2 year lease with approximately 2% interest and can structure the leases where reflect the life of the vehicle where not paying all at once.  Mayor Hart asked Bob what the realistic expectancy on ambulances is.  Bob Flowers stated that the expanded area the 2nd ambulance would need to be replaced in a couple of years.  The Council did not have any further changes and directed Staff to move forward to the preparation of the tentative budgets.  The tentative budgets are scheduled to be presented in the first meeting in April. 

6) CONSENT AGENDA
A. Approval of Meeting Minutes for February 20, 2014

MOTION: Council Member McDonald moved to approve the Consent Agenda
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 ABSENT


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Roberts - no report
Council Member Mendenhall - no report
Council Member McDonald - no report 
Council Member Elwell - no report
B. Mayor
Mayor Hart attended a meeting with the Water Conservancy District regarding the Ivins Reservoir project.  All of the stake holders were present including from the Shivwits band.  It was a very positive meeting and am appreciative of the fact that its part water recreation, non-motorized sports, and part conservation effort.  This will allow the north end of the reservoir viable for bird watching and wildlife use.  The Attorney for the conservancy district is putting together an MOU (Memorandum of Understanding) where all involved entities will need to sign.
C. City Manager/Attorney Dale Coulam
One of our Ivins' businesses for the past 6 years has been listed on Trip Advisor under both St. George and Ivins.  Trip Advisor recently changed its policies and will no longer allow a listing under St. George unless Ivins were to provide a letter acknowledging that Ivins is part of the greater St. George Metropolitan area.   Dale Coulam asked if the Council would be opposed to him signing such a letter.  The Council did not object.
Dale Coulam also reported that Chuck Gillette did some further research on the bollards and a demonstration could be out sometime in the future.  However, he did find out that we can get the bollards in an amber LED light.  He asked if we should order those lights and move forward or does the Council want to wait and see a demonstration.  Mayor Hart stated that we should hold off on the street lights because the technology is coming forward for better amber colored LED lights.  The Council agreed to move forward with what Chuck thinks is best to match existing bollards as closely as possible, wait on the street light, and increase the strength of the poles in the area where banners could be used.
D. Items to be placed on future agendas

9) CLOSED MEETING

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 ABSENT

The meeting adjourned at 7:40 p.m.

Respectfully, 

Kari D. Jimenez, MMC 
Ivins City Recorder