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/Attorney Dale Coulam, Public Safety Director Bob Flowers, Parks and Recreation Director Benny Sorensen, Director of Finance Wally Ritchie, and Building and Zoning Administrator Kevin Rudd.
EXCUSED:  None.

Audience: Claudette Larsen, Delores Osborn, Jenny Johnson, Kathy Barth, Zach Renstrom, DeAnne Haut, Kerry Haut, Lisa Rutherford, Barbara Rusick, Lance Anderson, Connie Butterfield and others who did not sign in.

A.	Acknowledgement of Quorum

Mayor Hart acknowledged there was a quorum present.  Council Member Mendenhall will be attending the meeting later.

B.	Flag Salute

Council Member Densley led the Flag Salute

C.	Invocation

Council Member Densley gave the Invocation

D.	Disclosures

Mayor Hart disclosed his involvement in an entity that developed property adjacent to that which is going to be discussed on item 4)C.  There were no other disclosures or conflicts of interest with items on this meeting's agenda.

Mayor Hart recognized guests from the Southern Utah Veteran's home that were present at the meeting.

A.	Concept Plan Report for Redstone Estates Subdivision - Kevin Rudd

Redstone Estates Staff Report

Redstone Estates map

Redstone Estates Concept Application

Kevin Rudd indicated this subdivision consists of 14 lots on a total acreage of 4.73 acres.  The property is zoned R-1-10 (Single Family Residential, minimum 10,000 sq. ft. lots).  The subdivision ordinance requires connection to a connecting road at the end of the cul-de-sac to 200 North unless the connection prevents full development of the approved densities and does not violate the Transportation Plan.  The TRC (Technical Review Committee) reviewed this plan and determined that exception was met and if the connection was required, they have concerns that it would also raise the height of the cul-de-sac and adjoining lots and would negatively affect neighboring properties to the south.

B.	Department Reports: Parks and Recreation and Public Safety

Parks report

Public Safety report

Benny Sorensen previously provided a written report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall.  He reported that the July 24th Pioneer Day celebration went well.  Movies in the Park began August 1, 2014.  He thanked the Southern Utah Veteran's Center for sponsoring those.  Flag Football registration is open and planning is in full operation for Heritage Days on September 20, 2014.  The splash pad has been busy this summer.  The Parks Department is happy to have a full crew and working really hard to get a lot done.  They will be working on a sign that identifies the cemetery rules, including no dogs allowed in the cemetery.  There is a lot of dog feces in the cemetery as well as at Ivins Reservoir, which could become a serious problem with bacteria in the water.

Bob Flowers previously provided a written report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall.  He reported that he will be providing a two (2) year report to the City Manager in the next couple of weeks.  There have been some prevalent drug issues over the summer and two (2) officers are focusing on nothing but that.  He believes that you have to watch the little things or big things start happening.  They served a no knock search warrant on a suspect known to be violent and have weapons.  Several neighbors thanked the Police Department for what they did.  School starts the week of August 11, 2014 and Officers will be going back into the schools.  Council Member Roberts referred to agenda item 5)D regarding dangerous weapons and inquired if there have been issues where knives have been a problem in the parks.  Bob Flowers indicated no.

C.	Planning Commission Report

Chairman Jeff Loris reported that the Planning Commission held a Public Hearing on and approved a Class IV Conditional Use Permit for a Casita/Guesthouse.

A.	Public Hearing on the Planning Commission’s recommendation to approve an amendment to the Class V Conditional Use Application for Coyote Gulch Commercial Center at Coyote Gulch Community Center at approximately 800 North Kayenta Parkway

Kevin Rudd stated this amendment includes three (3) items: 1) Whitaker Studio's addition which proposes an increased yard area and a new 2,932 sq. ft. building.  There will be screening & noise buffer for neighboring properties; 2) expansion of the Coyote Gulch Commercial footprint to include the McMorrow property that is approximately .36 of an acre.  The McMorrow property includes an existing single family dwelling and a proposed short term rental unit.  It's zoned Resort Commercial which is the same zoning as the Coyote Gulch Commercial Area; 3) a slight modification to the Center for the Arts building which includes adding more storage area rather than having a separate storage building and adding a connecting road on to the north side of the building.  The TRC reviewed the application and recommended approval.  All proposed uses are allowed within the Coyote Gulch Commercial Area.  There is adequate parking and the proposed architecture matches existing buildings.

Council Member Mendenhall inquired who would retain control of the short term rental.  Kevin Rudd indicated the owner.  Council Member Mendenhall understands the use fits but stated short term rentals are a hot button issue.  Kevin Rudd clarified that the McMorrow home could be torn down and a motel or hotel built in it's place because the zoning is proper. 
Mayor Hart opened the Public Hearing.  Charles Peterson resides at 1180 Coyote Gulch Circle and provided his comments to the City Council in writing.  A copy of the comments are available by request through Ivins City Hall.  He stated he didn't have an objection to what was currently proposed tonight but requested that during the planning process, the low density residential and commercial resort zones be separated.  He suggested this could be done by creating a primary access to the Coyote Gulch Commercial Center using Coyote Gulch Court and Art Village Way which would create a looped primary access.  Kevin Rudd indicated he discussed with Chuck Gillette making one of the roads a dead end road and they determined that as long as there's an emergency access, that would work.  Lance Anderson commented on behalf of the applicant and stated he agrees with Charlie depending on what's developed to the north and west.  There being no other comments, Mayor Hart closed the Public Hearing.

B.	Discuss and consider approval of the Planning Commission’s recommendation to approve an amendment to the Class V Conditional Use Application for Coyote Gulch Commercial Center at Coyote Gulch Community Center at approximately 800 North Kayenta Parkway

Class V Conditional Use Application

Staff Report Coyote Gulch

Coyote Gulch map

Elevations and Plan Coyote Gulch

Planning Commission Minutes

There were no additional comments.

MOTION: Council Member McDonald moved to approve the Planning Commission's recommendation to amend the Class V Conditional Use Application for Coyote Gulch Commercial Center
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

C.

Public Hearing on the Planning Commission’s recommendation to approve a Zone Change from RE-43.0 (Residential Estates District - minimum lot size 43,000 sq. ft. to RE-15 (Residential Estates District - minimum lot size 15,000 sq. ft.) located at approximately 400 East to 600 East and .350 North to 400 North

Kevin Rudd stated this property is currently zoned RE-43.0 (Residential Estates District - minimum lot size 43,000 sq. ft.) and consists of 9.66 acres.  The applicant is requesting a zone change to RE-15 (Residential Estates District - minimum lot size 15,000 sq. ft.).  The Land Use Plan identifies this property as Low Density Residential.  There are ten (10) zones that qualify for Low Density.  The Palisades Subdivision borders this property on the south and east boundary and is zoned RE-25.0 with a PDO (Planned Development Overlay).  The Red Mountain Estates subdivision borders this property on the west and is zoned RE-12.5.  After the Public Hearing at the Planning Commission, the Planning Commission discussed the possibility of recommending the RE-17.5 zoning district but determined that would not be feasible on this small of a parcel and it would be difficult to match the lots to the south in The Palisades Subdivision.  They voted unanimously to recommend approval of the RE-15.0 zoning district.  
Mayor Hart opened the Public Hearing.  Zach Renstrom with Bush & Gudgell Engineering commented that drainage has been a big issue and they have already started installing some of the drainage system to address that.  On the south side of the road, there are ten (10) lots that will be approximately 15,000 sq. ft. and on the north side of the road ten (10) lots that will be approximately 20,000 sq. ft.  The homes will be high end homes with strict CC&R's (Covenants, Conditions and Restrictions) and will match architecture of the surrounding subdivisions.  The developer is also willing to move the setback to 35' rather than 30' to match the adjacent subdivision.

D.

Discuss and consider approval of Ordinance No. 2014-15, an Ordinance of Ivins City, Utah, approving a Zoning District Amendment from RE-43 (Residential Estates - minimum lot size 43,000 sq. ft.) to RE-15 (Residential Estates - minimum lot size 15,000 sq. ft.) located at approximately 400 East to 600 East and 350 North to 400 North

Ord No 2014-15 Zoning District Amendment

Zone Change Application

Zone Change RE43 to RE15 PC Minutes

Zone Change Staff Report

Council Member Roberts indicated that he reviewed the Planning Commissions comments and agreed that the RE-17.5 zoning district didn't make sense and he is in favor of their recommendation.  Council Member Mendenhall agreed and stated that the Planning Commission's discussion was very comprehensive and they took into consideration different aspects.  Mayor Hart thanked the Planning Commission and indicated their discussion was thorough and very helpful.

MOTION: Council Member Roberts moved to approve Ordinance No. 2014-15, an Ordinance of Ivins City, Utah, approving a Zoning District Amendment from RE-43 (Residential Estates - minimum lot size 43,000 sq. ft.) to RE-15 (Residential Estates - minimum lot size 15,000 sq. ft.) located at approximately 400 East to 600 East and 350 North to 400 North
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

Roll call vote.  All Council Members voted in favor.

B.	Discuss and consider approval of request to include an INKAS brochure as an insert in the utility billing/newsletter mailing

INKAS Brochure

Dale Coulam stated INKAS has requested that a brochure be inserted in the utility bill/newsletter mailing.  INKAS (Ivins No Kill Animal Supporters) is a 501(c)(3) organization and is one (1) of two (2) animal shelter support groups.  FIAS (Friends of Ivins Animal Shelter) is the other 501(c)(3) organization.  Both groups generously donate to Ivins No Kill Animal Shelter and its no kill philosophy.  The insert is an 8 1/2 by 11 trifold brochure and would be printed and shipped to Freedom Mailing to send with the utility bill/newsletter.  INKAS would pay any additional costs to insert the brochures into the mailer, as well as postage.  Mayor Hart acknowledged receipt of an email from a concerned resident.  A copy of the email is available by request through Ivins City Hall.  Dale Coulam indicated that if the Council were inclined to allow this, they could easily put some parameters in place that would limit who could insert brochures to charitable organizations that directly benefit the City, a City program or even be as specific to those benefitting the Ivins No Kill Animal Shelter and that would limit it to the two groups.  Council Member Densley referred to the monthly newsletter and stated there's an extensive amount of publications on both organizations and inquired if they should include additional material in the mailing.  Dale Coulam clarified that was a policy decision to be made by the City Council.  He further explained that sometimes those articles do get cut down depending on the size of the newsletter content in any given month.  Council Member Densley referred to the email with the resident's concerns and inquired if there's any liability for the City.  Dale Coulam clarified that the concerns that were expressed are legitimate but there is not a lot of liability for the City if it's a group that the City has a MOU (Memorandum of Understanding) with.  Council Member Elwell stated he doesn't think he has a conflict but disclosed that he is the husband of the President of FIAS.  He had a problem with this along the same lines as the email of concerns expressed by the resident but if they are remedied by what Dale Coulam suggested by setting specific parameters, he is okay with it.  Council Member Roberts also had the similar concerns to those expressed in the residents email but if the Council can come up with criteria that the advertising entity's brochure specifically benefits Ivins animal shelter, he's for it.  The Mayor and City Council discussed other entities ability to insert a brochure in the mailer to benefit other entities in Ivins City.  Dale Coulam suggested they limit it strictly to 501(c)(3) organizations that donate and supplant some of the expenses for Ivins City.

Council Member McDonald inquired if the brochure insert would be a yearly insert.  Barbara Rusick representing INKAS stated that at this point it would be a one time thing unless they decide otherwise in the future.  Council Member McDonald offered the possibility of a link on Ivins City's website and indicated that may be more cost effective to do a zip code mailing rather than an insert in the utility billing/newsletter mailing.  Council Member Mendenhall clarified that there is a direct mailer in town so it's an easy process to do that but she's in favor of allowing the brochure in Ivins mailing because it shows that it is associated with Ivins City.  INKAS solely supports the Ivins No Kill Animal Shelter and all officers reside in Ivins.  They have raised and saved the Ivins City tax payers just under $18,000.  FIAS has also saved Ivins City tax payers through their organization.  Ivins' No Kill Animal Shelter has a national reputation.  She supports allowing the brochure but would like it limited to 501(c)(3) organizations that benefit something directly associated with Ivins City.  City sponsored events should also be allowed to be advertised and marketed.  She suggested there be only one (1) brochure per mailer.  The Mayor and City Council agreed that a brochure would be allowed in the Ivins City utility billing/newsletter mailing if it was a City brochure or a brochure from an established 501(c)(3) entity that has an MOU (Memorandum of Understanding) with Ivins City.  The 501(c)(3) entity must directly benefit Ivins City by supplanting money that would otherwise be expended out of the City's General Fund.  There is a limit of one (1) brochure per year from any entity and no more than one (1) monthly brochure.

MOTION: Council Member Mendenhall moved allow entities that have established 501(c)(3) status and Memorandum of Understanding with Ivins City that directly benefits the City by supplanting monies that would otherwise be expended out of the General Fund.  Each organization is limited to one (1) brochure a year and only one brochure can be included monthly between the organizations that fit these parameters.  The City can fit their own brochures in for their own events.
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

C.	Discuss and consider approval of Ordinance No. 2014-16, an Ordinance of Ivins City, Utah, amending Section 7.06.203 of the Ivins City Code entitled "Storage of Personal Property" and Repealing Part 3 of Chapter 7.06 of the Ivins City Code

Ord No 2014-16 Unmarked

Ord No 2014-16 Highlighting Changes

Dale Coulam indicated that there are two (2) changes: 1) the paragraph that made any reference to recreational vehicles has been removed because it's referenced and controlled in a different section of the Code and 2) is a question regarding types of vegetation that can be used as screening.  He was unable to locate anything specific for Washington County regarding noxious, toxic or invasive but did locate a State list.  Council Member Roberts suggested using the State list.  He had a concern regarding the bamboo material that is currently used to screen.  That is on the State list and spreads and burns like wildfire.  He inquired about those that are currently using it whether they could be grandfathered and then what happens if it burns or freezes.  Council Member Elwell stated bamboo can consume an entire area and suggested the area cannot be expanded and that those that currently have it could be grandfathered in but if it's burned, destroyed or removed, there could be no additional coverage of that particular plant in the future.  Council Member Roberts indicated that it's used in agriculture areas as a wind break.  He suggested that the ordinance could state that's it's only allowed in agricultural areas.  Dale Coulam stated he'll come back with language and will check the zoning of where the properties are that currently screen using bamboo.  He suggested the City Council table this agenda item.
CMDensley moved to table 5)C 2014-16
CMMCDonald 2nd

MOTION: Council Member Densley moved to table 5)C Ordinance No. 2014-16
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

D.	Discuss and consider approval of Ordinance No. 2014-17, an Ordinance of Ivins City, Utah, repealing Section 11.04.101(3) of the Ivins City Code entitled "Dangerous Weapons" and replacing it with more restrictive language

Ord 2014-17 Dangerous Weapons

Dale Coulam indicated the City received a letter from a group that pointed out the City's previous ordinance prohibited guns in the parks.  State statute preempts the City's ability to restrict firearms so this ordinance would repeal that section.  He inquired if the City Council wanted to preserve and the prevention of other dangerous weapons.  Council Member Elwell preferred to go with the draft and eliminate the firearms portion.  He would rather be proactive than reactive and he doesn't have a problem with people carrying smaller knives.  He would like to see some restriction but he doesn't know what that would be.  The definition of a blade could be a work tool that a carpenter uses.  Council Member McDonald inquired how changing the ordinance would help the Public Safety Department.  Dale Coulam stated they could immediately arrest based on possessing a dangerous weapon, waiving it around and having it at a park instead of waiting for it to be used in an assault.  Council Member McDonald was concerned about an innocent person getting in trouble.  Council Member Roberts agreed and suggested the definition could be if the knife were unsheathed.  Mayor Hart suggested Chief Bob Flowers be present for this discussion.  Council Member Mendenhall agreed and indicated she would rather have something in place that law enforcement can use.

MOTION: Council Member Mendenhall moved to table Ordinance No. 2014-17, an Ordinance of Ivins City, Utah, repealing Section 11.04.101(3) of the Ivins City Code entitled "Dangerous Weapons" and replacing it with more restrictive language
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

E.	Discussion regarding a portion of a proposed amendment to Chapter 5.04 of the Ivins City Code entitled "Alcoholic Beverages"

Alcoholic Beverages

Dale Coulam indicated the Utah Legislature recently overhauled the Alcoholic Beverage Control Act.  The changes have preempted local authority from licensing everything but beer.  The purpose of tonight's discussion, before he continues to draft the ordinance, is to determine if the proposed zoning districts are acceptable for the various licenses and whether or not the City wants to require a license for On-Premise Beer in addition to the State license.  The Mayor and City Council discussed this and agreed with the zoning districts as identified in the ordinance.  They determined that the zoning district of neighborhood commercial would be include for restaurants and that the City will only regulate two licenses: Off Premise Beer Retailer and Temporary Beer Event permits.  Dale Coulam will finalize the ordinance and bring it back to the City Council for review and approval when it's completed.

Council Member McDonald requested item A be removed from the Consent Agenda.

B.	Approval of Meeting Minutes for July 17, 2014

MOTION: Council Member McDonald moved to approve Consent Agenda item B
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

A.	Approval of expenditure for Pictometry Aerial Photography

Pictometry Aerial Photography Staff Report

Council Member McDonald inquired why the City needs this if they have Google Maps.  Dale Coulam stated it's used a lot for planning, site design work and detailed studies.  The definition, pixels and detail of the aerial photography are important.  This is upgraded and updated periodically as technology changes.  Council Member Roberts clarified that Google Maps isn't updated too frequently and this expenditure has been budgeted.
Mayor Hart indicated the resolution of the aerial photography is useful and allows you to see elevations.

MOTION: Council Member Mendenhall moved to approve Consent Agenda item A
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

A.

Council

Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell - no report
Council Member Densley reminded Mayor Hart to prepare a letter for the Snow Canyon advisory committee
Council Member Roberts reported that the West Nile viru is alive and well but no humans have been diagnosed to date

B.

Mayor

Mayor Hart reported he was part of the grand opening for the Washington County Fair.  Ivins City Royalty was there and did really well.  At the monthly Mayor's meeting the primary discussion was on the upcoming vote on the RAP tax.  The City is unable to lobby for it as a City but the Council Members can individually.  He, Kevin Smith and Jeff Fisher with Tuacahn also spoke with the Mayors.  Tuacahn is celebrating it's 20th birthday this year and is suffering some serious needs.  Ticket sales simply never make it in arts venues and if Ivins wants Tuacahn in 20 years from now, Tuacahn is going to need some help to survive.  The Mayors universally support Tuacahn and it's likely that the cities in Washington County will be called upon at some point to provide additional support for the arts.

C.	City Manager/Attorney Dale Coulam

Dale Coulam reported that the MPO has previously helped Washington, St. George and Santa Clara with their Transportation Master Plans.  The MPO has indicated that they will fund 100% of a Master Transportation Plan update for Ivins that would include all of the engineering studies.  They would be in charge of the contract and the City doesn't have an issue with that.  Dave Glenn would be the Project Manager and if the City Council agrees to proceed, the updated Transportation Master Plan would likely be complete by the first of 2015.  The City Council agreed to proceed with the MPO for that funding.  He referred to the Highway 91 project where there is funding coming up for improvements from Santa Clara to 200 East.  That portion of Highway 91 is not in Ivins and Ivins has no jurisdiction over it.  For over one (1) year the City has been trying to annex it or obtain jurisdiction.  We have made several unsuccessful attempts with the State to accomplish this.  The next step may be for the County to pass a Resolution that offers Ivins jurisdiction of Highway 91, together with a Quitclaim Deed to the right-of-way, then Ivins would pass a resolution accepting jurisdiction and record the Quitclaim Deed.  Council Member Roberts inquired if there's a plan to review impact fees and inquired if the growth that is occurring in Washington and Hurricane is because the impact fees are less in those cities.  Dale Coulam stated they are working on updating all of the impact fees.

D.	Items to be placed on future agendas

Council Member Densley inquired if the City is getting geared up for the arrival of busses for public transportation.  Dale Coulam stated yes.  The City needs to firm up with St. George and Tuacahn to make sure the stops are where the City thinks they are and then the City will begin to install a bench at the VA; at other stops they will install a pole with a schedule.

MOTION: Council Member McDonald 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 8:20 p.m.

Respectfully,

Kari D. Jimenez, CMC
Ivins City Recorder