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									                                            IVINS CITY
                                        COUNCIL MEETING
                                          August 7, 2008

                                 1. WELCOME AND ROLL CALL
       A. Acknowledgement of Quorum
MAYOR AND COUNCIL: Mayor Pro Tem Elwell called the meeting to order at 5:30 P.M. and
announced there was a quorum present. All present included Council Members George E. Elwell Jr.,
Michael Foot, Steve Jolley, Carol Tenczar and Barbara Rusick.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Deputy City Recorder Martha Wilson,
Public Safety Director Bob Flowers, Public Safety personnel, City Engineer Charles Gillette, Building
and Zoning Administrator Kevin Rudd , Parks and Recreation Director Benny Sorensen and Planning
Commission Members Jerry Blair and Lesley Mendenhall
EXCUSED: Mayor Barney
AUDIENCE: Linda Elwell, George O’Neill, Mike Scott, Melanie Thompson, Neil Schwendiman,
Lance Anderson, Laura Stiller, Terry Marten, Jan Broberg and others that did not sign in.
       B. Flag Salute
Council Member Jolley led the Flag Salute.
       C. Invocation
Council Member Jolley gave the Invocation.
       D. Disclosures
Council Member Elwell stated he had no conflict of interest with items on this meeting’s agenda.
Council Member Foot stated he had no conflict of interest with items on this meeting’s agenda.
Council Member Jolley stated he had no conflict of interest with items on this meeting’s agenda.
Council Member Tenczar stated she had no conflict of interest with items on this meeting’s agenda.
Council Member Rusick stated she had no conflict of interest with items on this meeting’s agenda.

        A. Awards – Bob Flowers
Bob Flowers stated there was a serious burglary in Kayenta. David and Linda Johansen were victims of
the burglary and were present at the Council meeting. He commended the officers for their work in the
investigation. They recovered most of the items. David and Linda Johansen came forward and stated
they are very grateful to the officers. Photos were taken with the Johansen’s and officers Holt, Randall,
Studley, Holliday, Hatzidakis and the City Council. Awards were presented to the officers. Judy
Gubler thanked Sgt. Hatzidakis for helping out before Bob Flowers came on board.
        B. Department Reports: Parks and Recreation and Public Safety
Public Safety Director Bob Flowers reported they are remodeling their building, which includes an
interview and detective room and air conditioning. They are doing the work themselves except items
they’re not qualified to do. They anticipate the remodeling will be complete in two (2) or three (3)
weeks. They are also working on issues relating to enforcement complaints and traffic control at
Tuacahn. Officer Marrott, a twenty-five (25) year veteran, has been asked to help with the traffic plan.
Director Flowers met with a business owner and land developer regarding issues in Kayenta. He spent a
significant amount of time on personnel evaluations and is setting more minimum qualifications. He
met with the Fire Chiefs for suggestions and met with the County Attorney regarding how Ivins’ reports
are written. With the recent power outage, Director Flowers has recognized the need to look at
emergency management. He complimented Chief Wade Carpenter for hiring the wonderful employees
they have. The city is fortunate to have the officers they have and he has received a number of calls
2008-08-07 City Council Meeting Minutes              APPROVED                Page 1 of 13
from officers around the state asking about relocating. He complimented the Council for supporting the
officers and stated Judy Gubler has been fabulous in her direction to him. Council Member Rusick
stated there are abandoned cars on the street at 100 East and 300 South and inquired if that is a matter
they would handle. Bob Flowers stated they would handle it and it could be taken care of quickly.
Officer Studley reported to Mr. Flowers that it has already been taken care of.
Parks and Recreation Director Benny Sorensen reported they had their first bus excursion to
Disneyland. There were forty-two (42) people that went on the bus. It went well and everyone had a
good time. There is a trip planned to the Grand Canyon. The 24th of July went well. They will modify
a few things next year and move off the payment onto the grass and into the shade. It was suggested the
parade route be extended. They had 29 people run the first ever Fun Run. The breakfast and activities
went well. The Intern Mark Christensen received a job offer in Tremonton, Utah. He assisted the Parks
and Recreation department with baseball, traveling, Ivins Reservoir and a number of other things.
Benny stated Red Rock Park is complete for what they’re doing this year. Inmates from Purgatory in
Hurricane did weed abatement along the wash in Red Rock Park. There is a new dog obedience class.
Football registration is continuing. They are having increased problems with graffiti. The Parks
Department cleans and paints over the graffiti and tries to remove it within a few hours or as quickly as
they can. Council Member Foot inquired as to where it’s occurring and Benny Sorensen stated it is on
the walls on 400 East down to Heritage and on the corner of Pioneer Parkway, up to 200 north. It’s also
on 200 East down and below 700 South.
         C. Planning Commission Report
Planning Commission Member Lesley Mendenhall reported the Planning Commission met on August
5th. They had a Public Hearing and considered the recommendation of a proposed zone change from a
Mobile Home District to an R-M Multiple Residential District. Leon Adams was the Owner and
Applicant. The commission unanimously approved the zone change. The property has six (6) old single
wide mobile homes on it. The owner intends to build a four plex and clean up the property. Discussion
continued on the short term leases of residential properties. The commission felt that Ivins’ goal as a
destination city is hurt if there isn’t some way for people to come and stay for the short term and until
there is some type of hotel property, the two spas and the new bed and breakfast are the only allowed
short term rentals. The short term rental of homes is serving the purpose for the lack of any type of
rental facility. Fitness Ridge has been placing some of their guests in private homes. The commission
felt there needs to be a way to collect room rental taxes similar to what Park City does and allow short
term rentals. The commission asked staff to find out if the Council was fixed on nothing less than thirty
(30) days and asked them to also check with other cities to see how short term private rentals are
handled. They then discussed the amendment of the subdivision ordinance regarding cul-de-sacs. This
was previously discussed and it was originally recommended that cul-de-sacs not be allowed. Chairman
Hart disagreed with the wording and asked for a re-write of the first sentence of the proposed ordinance.
The rewrite was done by Charles Gillette and Dale Coulam and resubmitted. Chairman Hart still had an
issue with it and Commissioner Mehr agreed with him. Both felt contractors/designers should be free to
use safe and quiet cul-de-sacs in their designs. After considerable discussion, it was moved to
recommend approval of the revised ordinance as proposed by staff. The vote was 2 to 2 and the item
was tabled until their second meeting in September.

Council Member Elwell stated there are five (5) requests on the same subject. The City Council will
not enter into a dialog or discussion on the merits of the subject, only to the extent as to determine if it
will be heard on a future agenda. George O’Neal came forward and stated he lives at 466 Cordero
Drive. His home was built in 2000 and he bought it three (3) years ago. He is adjacent to the park and
indicated he is impacted the most with the price set on the land at the last meeting. He has 1200 sq. ft.
of land that would need to be purchased from the city and it will be tough for him to come up with the

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money. He said they were not given notice of the previous Council meeting agenda. The land relating
to his property has been landscaped and maintained for seven (7) or eight (8) years. He didn’t obtain a
survey of the property when he purchased it. He said the owners weren’t given time to comment on the
price the City Council set for the land. Regardless of what occurs, he has to purchase the property. The
cost impact is greater to him than it is on the city. He doesn’t know what the appraiser used as a basis
for the $8.50 a sq. ft. He proposed taking the $0.85 a square foot and double that figure to $1.70 sq. ft.
and requested this item be placed on the agenda again. He thanked the City Council for the opportunity
to speak. John Clarkson came forward and stated he lives at 536 S Cordero Drive. He called the
appraiser and inquired how he came up with the prices. The lot price includes paved road access,
utilities, improvements and being large enough to build on. The land in question behind the homes
doesn’t have any of that. He petitioned the Council to reconsider the price that was set based on the
hardship and the fair value. He thanked the city for cleaning up the weeds. Amelia Jenkins came
forward and read a letter on behalf of Monica Lenarez of 548 Cordero Drive. She felt it was wrong to
pay for a mistake that wasn’t her fault and disagreed with the proposed charge for the land. She felt it
was the city’s fault and the city should take responsibility. Council Member Rusick stated she’s
satisfied with the conversation the Council had at the previous meeting. As Mayor Barney and the City
Attorney indicated, when it comes to real estate, the buyer should know what they’re buying. The
Council came up with a reasonable conclusion to this problem at the last meeting and she is not in favor
of discussing it again unless the rest of the Council is in favor of discussing it further. Council Member
Jolley is in favor of placing this back on the agenda for the residents to voice their concerns. Council
Member Foot stated his biggest concern was the residents not receiving notice and wanted to know
what the responsibility was to send notice to the residents. Judy Gubler stated there was no legal
obligation to send notice. It was not a Public Hearing. She indicated she had conversation with some of
the property owners, Ms. Clarkson in particular. The agenda was posted and Charles Gillette has met
with and discussed what could happen with the homeowners at least once and discussed the process.
They have also received notice of the Council’s decision and that they would need to purchase the
property or remove the improvements that are on the city’s property. Council Member Foot stated if
the Council feels they want to revisit the issue, he would not oppose it. Council Member Tenczar was
concerned with notification. It wasn’t a Public Hearing and isn’t sure there’s any new information that
wasn’t discussed that would change their decision. If the Council feels they need to hear it again in a
public meeting, she would agree to that, but reiterated there may not be any new information coming
forth that would change their decision. There were discussions regarding whether or not to hear the
issue again and if so, if it would be a Public Hearing. Council Member Elwell stated it wouldn’t be a
Public Hearing but the Council could invite the owners or anyone to send them communications relative
to their concerns prior to the meeting. He would like to see this issue be placed on a future agenda. It
was determined it will be discussed on a future agenda. Judy Gubler stated it will be on the next City
Council meeting agenda on August 21st.

MOTION: Council Member Foot moved to suspend the rules and move item 5H to the first
item on the agenda
SECOND:       Council Member Jolley
VOTE:         The motion carried unanimously

   George E. Elwell, Jr.        AYE         Michael Foot        AYE      Steve Jolley          AYE
   Carol Tenczar                AYE         Barbara Rusick      AYE

       5) H. Consideration and approval of a Resolution approving the proposed 10-year
Residential Waste Collection Agreement between the Washington County Special Service District
No. 1 and Allied Waste, and approving the proposed Solid Waste Collection Agreement between
2008-08-07 City Council Meeting Minutes               APPROVED                Page 3 of 13
Washington County Special Service District No. 1 and the City of Ivins pertaining to billing and
collection for solid waste services and related matters.
Fay Reber stated he’s the attorney for the Washington County Special Service District No. 1 aka the
Solid Waste District or the Garbage District. Neil Schwindiman, the District Manager and Ivins
resident, is also present. They want to discuss solid waste for the next 10 year period beginning January
1, 2010. They are currently in year 8 ½ of a 10 year contract with Allied Waste for pick-up of
residential waste throughout the entire county. It expires in December, 2009. They would like to obtain
approval from Ivins and other participating cities to extend the service with Allied Waste for the next ten
(10) years and extend their contract with Ivins for the billing and collection function to continue to be
handled by Ivins as it has for the past 8 ½ years. They have received approval from Saint George, the
Washington County Commission, Hurricane, Leeds and various other communities. The fees have gone
up and the proposed contract has periodic increases in fees similar to the current contract. The current
charge is $11.85. Effective January 1, 2010, the price would increase to $12.30 and by the end of the 10
year contract, the fee would be approximately $13.75, which is roughly a $1.85 increase over the 10
year period which is based on the level of service and items provided at no additional charge., For
example, residents have 1 container and if they want an additional container, there is no charge.
Residents can also place their waste in bags and they will be picked up at no charge. The bulky waste
service for water heaters, couches and the like are picked up at no charge. Residents can also go to the
landfill on a Saturday to dispose of waste and not be charged. Once approval is obtained from all of the
communities, the District will execute the contract with Allied, execute all of the contracts with the
cities and towns and then provide everyone with fully executed copies of the contracts. The time frame
for this is approximately two to three months. Council Member Tenczar inquired as to the status of
the landfill and if it will need to be expanded. Fay Reber indicated they would be entering into a
contract for 10 years for operation of the landfill and the space they have in the current landfill is
anticipated to last between 50 and 75 years. He thanked Council Member Foot for his attendance, input
and service on the Board. Council Member Tenczar stated in the past there have been problems with
damage to the roads from fluid leakage and similar issues. She inquired if that was seen, what is the best
way to report that. Fay Reber indicated it could be reported to the City Manager or called in to the
District. There is a mechanism in the contract for imposing fines. Council Member Tenczar stated the
issues have improved dramatically over the last several years. Council Member Foot indicated he
brought the contract to Dale Coulam the City Attorney to review it against the current contract and there
are no issues with extending the contract with Allied. Dale Coulam stated the form is adequate and the
number assigned to the resolution is 2008-16R.

MOTION: Council Member Foot moved to approve Resolution No. 2008-16R, Proposed 10-
year Residential Waste Collection Agreement between the Washington County Special Service
District No. 1 and Allied Waste, and approving the proposed Solid Waste Collection Agreement
between Washington County Special Service District No. 1 and the City of Ivins pertaining to
billing and collection for solid waste services and related matters
SECOND:        Council Member Jolley
VOTE:          Roll call. The motion carried unanimously

   George E. Elwell, Jr.        AYE         Michael Foot        AYE       Steve Jolley          AYE
   Carol Tenczar                AYE         Barbara Rusick      AYE

                       4. PUBLIC HEARING AND ACTION ITEMS
     A.      Public Hearing on the Planning Commission’s recommendation to approve
amending the Zoning Ordinance Use Table 33-2 to allow rental trucks and trailers in the C-1

2008-08-07 City Council Meeting Minutes               APPROVED                Page 4 of 13
Zone. Applicants Michael W. and Barbara S. Guisinger, owners of Lightfoot’s Convenience Store
located at 550 S., 575 S. and 200 E.
Kevin Rudd stated the application came forward in April, 2008 and was a zone change application and
request to amend the Zoning Ordinance Use Table 33-2. When it originally went before the Planning
Commission, they broke the application down to separate segments, and addressed the zone change and
made a recommendation and they have now addressed and made a recommendation relating to the
zoning ordinance use table amendment. The City Council approved the zone change to C-1. Kevin
drafted verbiage for the use table amendment based on verbiage from other cities addressing the rentals
of trucks and trailers. He found most cities limit the trucks and trailers to two axles, a front and rear
axle. They also allowed the rental of a limited number of trucks and trailers as an accessory use.
Council Member Rusick referred to page 33-16 of the Table of Uses relating to Community and Resort
Commercial Retail Sales and Services regarding storage of goods and materials in a totally enclosed
building, with the exception of occasional outdoor sidewalk promotions. She indicated on the one hand
the Table of Uses says you can’t do it and then it would be saying you can by amending the table for the
rentals. She also referred to the Automotive Self Service Station section of the Table of Uses
specifically excluding any servicing, repair or maintenance of motor vehicles, trailers and similar
mechanical equipment. She stated the city needs to be sure Lightfoot’s is not going to maintain anything
or that portion of the table would also need to be changed. She referred to Neighborhood Commercial
Retail Sales and Services being a conditional use in the C-1 zone, and it specifically excludes all sales,
accessory uses and service uses that typically display goods or services, or store goods or product in
open, unenclosed areas, including but not limited to automotive, truck, recreational vehicle, trailer and
manufactured home sales lots, repair yards, open storage areas and all similar outside display and
storage areas of goods, materials, equipment and vehicles. If the city is going to allow the rental of
trucks and trailers in C-1, all of the other uses prohibiting such a use would need to be changed. When
the Council wrote the ordinance, the Council specifically did not want anything stored outside. It went
through the Planning Commission and City Council on that basis. Allowing the rental of trucks and
trailers is a major change to the zoning ordinance. Kevin Rudd agreed. He wanted it to be clear that
the application was not coming from city staff. It is from a private individual who has requested the
amendment and staff has provided the Council with an example of how the use table could be worded.
Council Member Rusick understood and stated the reason she’s opposed to the amendment is it is
contrary to and makes a major change to what they contemplated the zoning ordinance to be in
furtherance of the General Plan. Council Member Elwell opened the Public Hearing. Mike Guisinger
came forward and handed out a plot plan of where the trucks and trailers would be kept. A copy is
available by request through Ivins City Hall. Mr. Guisinger indicated they rent U-haul equipment at
their Santa Clara location and there are no repairs or maintenance done on site. They are maintained by
U-haul at their facilities. They’re trying to accommodate the residents of Ivins. They receive calls
everyday wanting to rent a truck or trailer. It’s an additional source of revenue. The inventory would be
a maximum of three (3) trucks and they would be parked on a concrete pad on the side and behind the
building. Council Member Rusick stated once they amend the zoning ordinance, it changes for the
entire city. They can’t make an ordinance that would apply to Mr. Guisinger’s location only. Mike
Guisinger stated there are very few C-1 zones in the city with room to accommodate trucks. There are
only two truck companies nationwide that franchise, U-Haul and Budget. Budget will only allow one
(1) in Washington County. He feels like it’s a service to the Ivins community. There were no other
comments. Council Member Elwell closed the Public Hearing.
         B.      Consider Approval of Ordinance No. 2008-14 “An Ordinance of Ivins City, Utah
Amending the Zoning Ordinance Use Table 33-2 of the Zoning Ordinance (Title 16), Entitled
Table of Uses – Nonresidential Zoning Districts, to Allow as a Conditional Use the Rental of
Trucks and Trailers in the Community Commercial (C-1) and Industrial (I) Zoning Districts

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Council Member Elwell appreciated Kevin Rudd’s comments about staff not bringing this forward but
indicated if you look at the Planning Commission’s minutes, it seems clear once the zone was changed
to C-1, they were in agreement that there should be such a use in a C-1 in Ivins, an opportunity for the
citizens and it needs to be considered. The Council should be able to make amendments to the
ordinance as new demands arise for the city. Council Member Foot stated the City Council spent a lot
of time writing the ordinance and referred to Chapter 6, Commercial Districts regarding it being the goal
of Ivins City to become a destination and resort community, sensitive to the high quality of the
surrounding desert environment, landscape and views. The Commercial Districts provided are designed
to provide locations for commercial uses with the establishment of uses sensitive to the goals of the city.
All commercial uses are required to enhance and add to the character of the city by providing site and
building features sufficient to achieve the goals of the General Plan and the ordinance. He has looked at
the new Land Use Plan regarding where potential commercial properties may be. When the Council
passed the zoning ordinance, they did not want Hwy. 91 and Center Street looking like Sunset Blvd. It’s
a high density retail and service type business area, with high traffic flow. He stated he didn’t think the
rental of trucks and trailers adds to the goals of Ivins. The service is available through the county, at a
number of locations. He agreed with Council Member Elwell in that the zoning ordinance needs to be
changed as new demands arise for the city, but not for this purpose. Council Member Tenczar agreed
with the comments that have been made. It is more complex than just this one change. She does not
think the rental of trucks and trailers is viable and is not aesthetically pleasing in the middle of town.
She opposed the change. Council Member Jolley and Council Member Elwell concurred.

MOTION: Council Member Rusick moved that the Council not accept the recommendation of
the Planning Commission and deny the use of rental trucks and trailers and that the Council not
pass Ordinance No. 2008-14, which would have allowed as a conditional use, the rental of trucks
and trailers in the Community Commercial and Industrial Zoning Districts
SECOND:        Council Member Foot
VOTE:          Roll call. The motion carried unanimously

   George E. Elwell, Jr.         AYE        Michael Foot        AYE       Steve Jolley          AYE
   Carol Tenczar                 AYE        Barbara Rusick      AYE


         A. Heritage Art Festival program and budget changes – Linda Elwell
Linda Elwell stated there have been problems obtaining vendors due to parking issues last year, the car
show being held in another city this year and artists planning in advance. The committee has decided to
hold a one day festival and reduce the booth fee to $35.00. She was contacted about an Eagle Scout
project and referred them to the Police Department. She requested the previously approved budget
remain in place for 2009. They need to start now for 2009 if it is going to be an annual festival. The
artists book a year in advance. Judy Gubler stated the budget included $10,000.00 on the expenditure
side and $4,000.00 on the revenue side, which is a net $6,000.00. Linda Elwell stated Kevin Warnick
with Tuacahn will assist with the sound equipment, which will reduce the cost of the entertainment.
Quality advertising needs to be done. Kent Rhoades with The Spectrum is also helping out. He created
a full page color ad soliciting vendors and announcing the show. The cost for the ad was $172.00.
There were discussions between Linda Elwell and Council Member Rusick regarding attracting vendors
without the car show. Linda Elwell indicated planning one year in advance is the key to attracting the
artists. Council Member Foot inquired how much money Linda anticipated carrying over to next year.
Linda Elwell stated she needed clarification on what the budget was for Heritage Day and Harvest
Moon. Judy Gubler stated Heritage Days had $4,000.00 and Harvest Moon had $6,000.00 net but the
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revenue has changed. Linda Elwell indicated she would like to carry over at least $5,000.00 for 2009.
Judy Gubler stated the original budget anticipated $4,000.00 in revenue and expenses of $10,000.00
with a net cost to the city of $6,000.00. The Council originally approved a $10,000.00 expenditure in
the Heritage Days line item for expenditures, which combined the traditional Heritage Days with the
new Art Festival and they approved $4,000.00 in the revenue, which was an estimate based on reduced
amounts received by Harvest Moon. If the Council wants to change the budget from a net $6,000.00 to
a net $10,000.00, she needs that direction. She suggested the Council give direction for this year, have
Linda report after the event and then adjust the budget based on her experience from this year. There
were lengthy discussions regarding the budget. It was determined the budget would remain as approved
at $6,000.00 net, hold a smaller event, review the data and make an adjustment to the budget for next
year if needed. Linda Elwell reported Heritage Days begins Friday, September 26th . The school
carnival is on the 26th. The one day arts festival and adoption event is Saturday, September 27th. She
spoke with Pete Kuhlmann. It was suggested the fireworks be held after the carnival to open the
celebration. There are staging issues. The only place left to stage is Palisades. If the city wants
fireworks in the future, they need to find a place to stage them. The Council agreed to hold the
fireworks after the carnival. Monday September 29th and Tuesday September 30th are $10.00 tickets at
Tuacahn. There is free admission to Snow Canyon State Park from September 26th through October 3rd.
There is a dinner on Thursday, October 2 at 5:30 p.m. The Open House at the Fire Department will be
from 6:00-8:00 p.m. Evelyn Scott is going to handle the chili, wrapping the hot dogs, serving the chili
and cupcakes and clean-up of the food area. Pete Kuhlmann will provide an area in the fire station for
emergency preparedness information. Marie Hansen is working on story telling. Tony Bodel has music
for the Ivins Community Choir thanks to Council Member Jolley. They’ll be doing the pumpkins and
face painting. She requested the September newsletter be devoted to Heritage Days. Judy Gubler
stated there are other items that need to go in the newsletter but Heritage Days can be included and
featured. It was suggested information can also be included on the website.
         B. Discuss Directional Signage
Council Member Elwell stated there needs to be improvement with signage, especially with the goal of
being a resort destination. The main venues need to be better identified. Judy Gubler stated the
Tourism Council has been working on signage. There are questions as to who can be on the sign, the
locations of the signs and how they will be funded. This is on the Tourism Council’s next agenda. She
would like feedback from the Council members. There is no budget for this. Mesquite has been
contacted regarding their signage. They have a company that administers it for them. A panel can be
bought and if it’s the city giving direction to the city office, city park or similar, the city pays for that,
otherwise the business entity pays for it. The panels are placed along the main corridors. A construction
fee and a monthly fee are paid to cover the fabrication, set up and maintenance of the signs. The cost is
high. Council Member Tenczar stated signage is extremely important. The city should move forward
and find out the cost, who can be on the sign and obtain more detail. Judy Gubler indicated she had
preliminary discussions with Santa Clara regarding combined directional signage. It makes sense for
them to direct traffic to Tuacahn and Snow Canyon State Park and for Ivins to direct traffic to the Santa
Clara Historical District. If the Council agrees, the city will continue to work with Santa Clara and the
Tourism Council. Terry Marten stated they met with Santa Clara and they were excited and wanted to
move forward. The signage would not be specific to one community and use the same look of the
signage. The Council agreed.
         C. Discuss Waiver or Deferral of Impact Fees for Theatre project – Terry Marten
Terry Marten handed out a document relating to attracting arts and education to the community. A
copy is available by request through Ivins City Hall. Ivins has an opportunity for a regional cultural arts
facility located in the Coyote Gulch Art Village. The primary purpose of the facility would be
community theater. It could also be used for seminars, public gatherings for education and
entertainment and Kayenta and city sponsored events. The sponsors for the facility could be a

2008-08-07 City Council Meeting Minutes                 APPROVED                 Page 7 of 13
collaboration of non-profit organizations, with possible contributions from the Kayenta Home Owners.
Kayenta would be a sponsor. In addition to contributing the architecture and planning, they would be
donating the land required for the facility. The facility would be a state-of-the art theater that may have
as many as 400 occupants, with the ancillary production facilities that are necessary and some possible
meetings rooms. It would be sponsored by a non-profit organization and fundraising would be done by
that organization. There would also be fundraising done internally. He would like to hear from the
Council as to how the city would like to participate in this endeavor. He suggested one way the city
could participate would be to waive the impact fees. Council Member Elwell stated there are current
parking problems in Kayenta and with the potential for 400 occupants of the theatre, he inquired if there
is land sufficient for appropriate theatre parking. Terry Marten stated absolutely and that Kayenta
rarely runs out of parking, with the exception of the Art in Kayenta festival. There are 150 parking
spaces currently for Coyote Gulch. They would likely be adding two hundred to two hundred fifty (200-
250) spaces to accommodate the facility. They would integrate parking and landscaping for aesthetics.
Council Member Rusick inquired how the residents of the Kayenta community feel about this project.
There were discussions at a previous Planning Commission meeting about the noise from performances.
Terry Marten stated there will always be some naysayers and it’s likely the individuals who have
concerns live relatively close to Coyote Gulch. The last show was outside and ran later than 10:30 p.m.
Car lights and traffic need to be taken into consideration because the cars would be going into the heart
of Kayenta for evening performances but the theatre itself would be self contained. There would be
little disturbance to the community. Jan Broberg came forward and stated she is a proponent of
community theatre, the involvement and the types of things the arts bring to an entire community. They
bring a certain type of resident, visitor and feeling to a community. Kayenta is the perfect location for
the facility. She relayed the success of the Hale Center Theatre that was originally in Salt Lake City.
They were in need of funds from Salt Lake City but were not supported by Salt Lake City. West Valley
City supported the theatre and restaurants and other entertainment venues built up around the theatre.
The revenue produced from the theatre for West Valley City has been remarkable. They would like
more information regarding commitments, proposals and what the impact to the city would be and
potentially what Ivins may be able to contribute. The Council agreed the facility is a great idea, fits the
Ivins mission statement as a destination community and is something they would like to see in Ivins.
         D. Discuss Requirements for Setback Survey
Kevin Rudd reported on acquiring property at Red Rock Park. There are several homes that ended up
closer to the setbacks than they should be. The property owners are stating the city is responsible. The
city doesn’t currently require every property to be surveyed prior to the building department performing
an inspection. When the city inspects the property for footings, it is the contractor or builder’s
responsibility to establish the property line. If an owner calls the city and inquires as to where their
property line is, they are told to contact a surveyor. Council Member Rusick inquired as to how Kevin
Rudd thinks the situation in Red Rock Park occurred with the homes being too close to the city property
line. The measurements were off dramatically. Some of the owners have no backyard. Kevin Rudd
indicated he’s unsure. They have relied on the contractor or builder and the city is not guaranteeing the
setbacks. The cost of a partial survey is $300.00-$400.00 and the cost of a full survey is $800.00-
$1,000.00. The cost of obtaining a letter from a surveyor certifying the property lines is approximately
$1600.00. St. George and Washington City have required full surveys on property since last year due to
the problems they’ve encountered. A fence doesn’t guarantee a property line. The only assurance is it
has been surveyed by a licensed surveyor and surveyor pins identified. Council Member Rusick stated
it makes sense for surveys to be done. Kevin Rudd indicated purchasing a home is a big investment.
Setbacks are arbitrary. You can be within three (3) feet of a property line before there are any building
code requirements. The houses being built to a property line does not cause a safety issue. Setbacks are
established in zones for consistency. The only way to assure this is to require a survey. The Council
agreed surveys need to be done and would like an ordinance drafted for their review.

2008-08-07 City Council Meeting Minutes               APPROVED                 Page 8 of 13
        E. Discuss implementing an ordinance requiring the licensing of cats
Judy Gubler stated the material provided to the Council members in their packets was obtained from
the internet. Some of the information in the materials was presented to the Council by Nathan
Winograd. Bob Flowers requested if it’s the Council’s direction to license cats, he be given some time
to get up to speed. Council Member Tenczar stated after reviewing the information, researching
additional information and recalling the discussions on the No Kill shelter, she doesn’t see how it’s
possible to control the cat population. If the city was to consider it, she would like the opinion of the
animal shelter manager Robin Kirker relating to the problems and costs. She sees it being a major
impact on the city with very little results. Council Member Foot stated he spoke with Robin Kirker
and there is no real benefit to licensing cats. He spoke at length with her about the TNR (Trap-Neuter-
Release) program. He suggested implementing a program of TNR and after a period of time, review it.
He doesn’t think cats should be removed completely because something else will come in their place.
Council Member Tenczar indicted part of it would be educating the public as to what their options are.
Council Member Rusick stated the TNR program as a method of population control works better than
trapping and euthanizing because as the colonies are removed and killed, more cats move in, a
phenomenon feral cat experts call “The Vacuum Effect”. The city needs to find out how Ivins can
implement a TNR program. Lesley Mendenhall referred to an article in the Best Friends magazine
regarding TNR. A copy is available by request through Ivins City Hall. There are a number of
individuals who manage feral cat colonies. They trap, spay or neuter and return them to their colony.
They also ensure they have food and water. It is the most cost effective method for any city or
municipality. Council Member Foot requested Bob Flowers input. Public Safety Director Bob
Flowers stated he likes the TNR program and something needs to be done, but would like to research it
further. Registering cats would be a nightmare. Linda Elwell stated the Friends of Ivins Animal
Shelter is paying Chris Neil to handle their feral cats. She indicated Holly Sizemore would be willing to
make a presentation. She handles TNR for No More Homeless Pets in Utah and has set up many
programs for many cities. Council Member Foot suggested someone work with the Public Safety
Department and come up with a program. Linda Elwell indicated Friends of Ivins Animal Shelter
(FIAS) is assisting and paying a portion of the spay/neuter cost and Chris Neil is handling Ivins feral
cats. They are not released back into Ivins. The consensus of the Council was they are not interested in
licensing cats.
        F. Consider Approval of Property Agreement with Gary and Karen Oyler
Charles Gillette indicated the agreement serves multiple purposes to the city. There are three (3) items
addressed: 1) the city is looking for a landscape agreement to maintain the landscaping adjacent to
Center Street for better streetscape appearances; 2) the city needs property access to improve the culvert
upsizing project; 3) the city is interested in the property for a potential pedestrian undercrossing in the
future. An appraisal was done and the price is based on the appraisal. The city is extending and raising
masonry walls. Council Member Tenczar inquired if the money for the walls and landscaping are
budgeted. Charles Gillette indicated it is budgeted. Council Member Rusick inquired what the
amount the Council is approving. The figures appear to be approximately $23,000.00 to purchase the
property, build and modify walls and install landscaping. Charles Gillette stated they would be
approving $2,612.26 at this time. He will bring a request for approval to the Council for the wall figures
once he receives an estimate. Council Member Rusick stated she doesn’t have a problem with the
agreement. Council Member Foot inquired as to the location of the property and the closest access
street. Charles Gillette explained the location and indicated the Oylers access the property from Padre
Canyon Drive. Their lot is an odd shaped lot. He stated they have been really good to work with. They
have been out of town for a few weeks and he hasn’t heard back from them on item 2C regarding the
height of the masonry wall. All of the items addressed in the agreement are in the budget.

2008-08-07 City Council Meeting Minutes               APPROVED                 Page 9 of 13
MOTION: Council Member Foot moved to approve the Property Agreement with Gary and
Karen Oyler with the understanding Item 2C will be renegotiated with Gary and Karen Oyler, to
the City Council’s satisfaction
SECOND:      Council Member Tenczar
VOTE:        The motion carried unanimously

   George E. Elwell, Jr.         AYE       Michael Foot         AYE       Steve Jolley          AYE
   Carol Tenczar                 AYE       Barbara Rusick       AYE

        G. Consider Approval of Great Western Park & Playground as the contractor for the
UNITY Park Water Playground and expenditures not to exceed $200,000 for the supply and
installation of a water playground area and water collection system for the Ivins City UNITY
Benny Sorensen stated the water playground market is still emerging and there aren’t a lot of
contractors who are qualified to perform this work. They received three (3) bids and only one company
was qualified. They have constructed two splash pads for the City of Herriman and two for the City of
Washington. Those cities have been pleased with the work and their service. The cost is higher, but
there have been discussions with the company and they indicate they will likely be able to construct this
project with the recycling system for this price by cutting out certain features like some of the concrete.
Without the recycling system, the water drains into the storm drain. The Council doesn’t want to build
the splash pad without the recycling system. The budget is approximately $200,000. He would like the
Council to approve Great Western Park & Playground as the contractor, designer and installer but to
approve the amount to stay within the budget. There were discussions relating to the feasibility of
building the splash pad with the recycling system and doing it within the budgeted amount. The Council
would like to move forward with the project and want to review what’s going to be in the plans for the
budgeted amount.

MOTION: Council Member Foot moved for the approval of Great Western Park &
Playground as the contractor for UNITY Park water playground expenditures not to exceed
$200,000 for the supply and installation of a water playground area and water collection system
with the plans to be brought back for the City Council’s approval before beginning construction
SECOND:       Council Member Jolley
VOTE:         The motion carried unanimously

   George E. Elwell, Jr.         AYE       Michael Foot         AYE       Steve Jolley          AYE
   Carol Tenczar                 AYE       Barbara Rusick       AYE

        I. Discussion of Road Closures – 600 East 800 South
Judy Gubler stated Mayor Barney, the Santa Clara Mayor Rick Rosenberg, the Santa Clara City
Manager, Matt Brower, and she met at the request of the Principal of Lava Ridge Intermediate School,
Kaylin Gubler. The Assistant Principal Greg Bozarth and the Community Council also attended the
meeting. The Community Council consists of parents of Lava Ridge students. The discussion centered
around the roads from Ivins, namely Puerto Drive extending to Rachel and 800 South extending east
from 400 East, each road going to Lava Ridge Intermediate School. The concern on the parents and
school side is the safety of the children. When the roads were opened, the school lost the funding for a
bus for the Ivins children. More children will be walking on the roads. There is no shoulder and no off-
the-street walking path. Santa Clara proposed an all-weather surface, which in Ivins means a hard
surface. They were talking about a gravel path. The agreement of everyone was to close the roads until
the next school year. The bus would then be able to function. It carries between 150 and 200 students
2008-08-07 City Council Meeting Minutes               APPROVED               Page 10 of 13
from Ivins to Lava Ridge Intermediate School. Immediately following the meeting, Judy Gubler
received a phone call from the City Manager in Santa Clara indicating there were property owners that
wanted access and a charter school that would be beginning construction in January that would require
access. It was unclear where Santa Clara was proposing to close the road, but the school district agreed
to allow the bus to run wherever the closure. She stated Mayor Barney’s concern was the road
extensions opened up Ivins residential roads to construction traffic. Council Member Jolley stated the
road should be closed as soon as possible at the end of Puerto and the Ivins City boundary, and also the
road at 800 South should be closed due to safety and liability concerns. There have been four (4)
meetings with the Community Council and he is speaking for that Council. They voted unanimously to
close the road. Council Member Foot inquired as to the ability to close the roads. Dale Coulam stated
it presents a practical difficulty closing the road on 800 South. The full amount of the improved
roadway is in Ivins and the rest is Santa Clara property. There would be barriers in the gutter and out in
a portion of the road that could cause collisions. It would be better to block it off out of the right-of-way
or on the edge of the right-of-way, but that would be Santa Clara and they would have to cooperate and
do that. On the north end of 600 East and Puerto, you could effectively block that because that is at the
end of a street and the barricades can be placed in Ivins’ right-of-way. If they found themselves in the
position of blocking one road and asking Santa Clara to block the other, procedurally it would be best to
do that by a resolution where Ivins would set forth the reasons necessary to close the roads. Ivins would
indicate it is for the safety of the children that it is going to block the road to the north, and would ask
Santa Clara to block the road on it’s right-of-way on 800 South for the same reason. It helps protect
Ivins regarding liability. If something were to happen on 800 South, the liability would be with Santa
Clara. Santa Clara is the only one that can effectively blockade it. Council Member Rusick inquired
as to the agreement between Santa Clara and Harmon’s with regard to both roads being extended.
Council Member Jolley and Judy Gubler stated the closure would be for the school year to address the
concerns. Dale Coulam stated the closure would still work with Harmon’s due to them not opening
their store until after the end of the school year. Council Member Elwell inquired if someone is
working with Santa Clara to coordinate and address safety and funding issues. Judy Gubler indicated
there is. She also stated there is a planned connecting trail to Red Rock Park. Santa Clara had an 80/20
match funding but they have turned the money back and are not going to do the trail due to the
developer not moving forward with the project. She believes there are a number of funding sources for
pedestrian traffic. It doesn’t make sense to build a permanent road at this point due to there not being
any utilities in the area. Council Member Jolley would like to report back that the road will be
barricaded at the end of Puerto prior to the start of school and suggested it be barricaded by the
weekend. He will relay that to the school and Judy Gubler will relay that to Santa Clara. The Council
determined they would like Dale Coulam to prepare a resolution for their review.

MOTION: Council Member Jolley moved to direct staff to immediately close the Ivins right-of-
way at the end of Puerto Drive with a barricade and to memorialize it into a formal resolution
which also asks Santa Clara to close 800 South
SECOND:       Council Member Tenczar
VOTE:         The motion carried unanimously

   George E. Elwell, Jr.         AYE        Michael Foot         AYE       Steve Jolley           AYE
   Carol Tenczar                 AYE        Barbara Rusick       AYE

                                      6.      CONSENT AGENDA

Council Member Rusick moved to remove Consent Agenda items A&B.

2008-08-07 City Council Meeting Minutes                APPROVED                Page 11 of 13
MOTION:        Council Member Foot moved to approve Consent Agenda items C&D
SECOND:        Council Member Jolley
VOTE:          The motion carried unanimously

   George E. Elwell, Jr.        AYE       Michael Foot          AYE      Steve Jolley          AYE
   Carol Tenczar                AYE       Barbara Rusick        AYE

       Item A: Approval of Work Meeting Minutes for July 10, 2008
Council Member Rusick referred to the sentence that starts at the end of line 28 regarding golf carts and
inquired what “road maintenance” meant. Council Member Foot assumed it was due to potential
damage to the carts. Council Member Rusick suggested stating “due to the streets not being designed
for them and the height of the carts.”

MOTION: Council Member Rusick moved to approve the Ivins City Council Work Meeting
Minutes for July 10, 2008 with the correction dropping the words “and road maintenance” from
line 29 and 30
SECOND:        Council Member Foot
VOTE:          The motion carried unanimously

   George E. Elwell, Jr.        AYE       Michael Foot          AYE      Steve Jolley          AYE
   Carol Tenczar                AYE       Barbara Rusick        AYE

       Item B: Approval of Meeting Minutes for July 10, 2008
Council Member Rusick would like to table this matter until there is clarification of items she

MOTION: Council Member Rusick moved to table approval of the Ivins City Council Meeting
Minutes for July 10, 2008 pending clarifications of some of the questions she raised
SECOND:      Council Member Foot
VOTE:        The motion carried unanimously

   George E. Elwell, Jr.        AYE       Michael Foot          AYE      Steve Jolley          AYE
   Carol Tenczar                AYE       Barbara Rusick        AYE


                                              8.     REPORTS
        A. Council
Council Member Elwell - no report
Council Member Foot asked Judy Gubler about the item passed tonight concerning the Oyler property,
the price the city paid for it and reconciling that with the price they’re asking the owners of the Red
Rock area to pay. The city is paying the Oylers fifty-cents ($0.50) per square foot and he doesn’t want it
to adversely affect the city. Council Member Elwell indicated the Red Rock park issue needs to be re-
addressed. Judy Gubler stated that from the perspective of staff, the Oylers are not encroaching on city
property and a set back isn’t necessary. It’s an exchange.
Council Member Jolley - no report
Council Member Tenczar – reported there is some discussion occurring with the Community
Education Channel (CEC), Dixie College, the new communications media center, Baja and a number of
other agencies to discuss support for the future. Baja is starting to discuss with other cities, their
2008-08-07 City Council Meeting Minutes               APPROVED               Page 12 of 13
entertaining rate increases next year. She suggested inviting a Baja representative to talk to the Council
regarding that. The cost and age of the equipment is starting to require money. Although the new
communications media center is encouraging contracts with other agencies for broadcasting, it’s
unknown what’s going to happen with the Baja relationship. The CEC’s current franchise rate is $1.00
per subscriber and they’re looking at increasing that to $2.25 in March, 2009. Dale Coulam stated city
staff and Baja have not had specific discussions regarding CEC but they’re moving forward and are
close to a new franchise agreement. They may have to do another extension because it expires at the
end of August. Council Member Tenczar stated there is a work meeting in the next three (3) weeks.
There may be some discussion with the City Council after that.
Council Member Rusick apologized for not making it to the parade but was stuck at the JFK airport.
She passed out buttons for the Council. The button says “Protect Wild Utah”. She was in Washington
D.C. lobbying against the Washington County Growth and Conservation Act on behalf of Southern Utah
Wilderness Alliance and the Coalition of Alliances. She reminded them of the Citizens for Dixie’s
Future Film that is going to be shown at the Grace Episcopal Church on September 9th at 7:00 p.m. The
film is a 30 minute film and is about how small communities can band together and make their voices
heard on important issues. She inquired what the city can do about abandoned homes. Judy Gubler
stated the city is actively sending out letters to the property owners and getting good responses. Council
Member Rusick asked Judy Gubler to ensure the abandoned home on the northwest corner of 120 E. and
300 S. #292 is being addressed. She referred to Minutes on the website referring to attachments. She
suggested if the city isn’t going to attach them on the website, the wording in the minutes be changed to
state a paper copy is available at the city.
        B.       Mayor – None- Not present
        C.       City Manager, Judy Gubler
Judy Gubler reminded the Council if they’re interested in attending the Utah League of Cities and
Towns fall convention to let her know. She stated Benny Sorensen mentioned the intern has put
together a plan for the Ivins Reservoir Park. It’s a good buy-in from the Shivwits, from the District and
from Terry Marten. She reported the departments have been focused on performance evaluations,
building performance plans for next year and those are almost complete.
        D.       City Attorney, Dale Coulam
Dale Coulam – no report

                              9.    EXECUTIVE MEETING - NONE
                                     10.  ADJOURNMENT
MOTION:         Council Member Foot moved to adjourn
SECOND:         Council Member Jolley
VOTE:           The motion carried unanimously

   George E. Elwell, Jr.           AYE      Michael Foot        AYE      Steve Jolley          AYE
   Carol Tenczar                   AYE      Barbara Rusick      AYE

The meeting adjourned at 9:33 p.m.


Martha Wilson
Deputy City Recorder

2008-08-07 City Council Meeting Minutes               APPROVED               Page 13 of 13

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