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 7, 2013

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 Council Member Densley.
STAFF: City Manager/Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, Building and Zoning Administrator Kevin Rudd, and Deputy City Recorder Terri Fabio.
EXCUSED:  None.
Audience: Mark Cox, Mike Scott, Lance Anderson, Lisa Rutherford, Alan Gardner, Kathy Barth, Rich Bryant, Claudette Larsen and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute
Council Member Densley led the Flag Salute.
C. Invocation
Council Member Densley 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 that basketball is over and registration has begun for baseball.  The Ivins Soccer League is starting soon. There have been several baseball tournaments held in the Ivins City parks. There are new Pickleball lines painted on the east basketball court at UNITY Park. Council Member Densley asked about improvements in the parks that were approved in this year's budget. Benny Sorensen indicated he is waiting for bids for a shade structure near the splash pad. A new swing set will be installed at Del Coronado Park and there will also be benches installed near the splash pad.
Bob Flowers was not present but a written report was submitted on his behalf to the City Council.  A copy of the report is available by request through Ivins City Hall.
B. Planning Commission Report
Commissioner Mike Scott reported that the Planning Commission held a Public Hearing on a proposed Zone Change at 50 West between 100 and 200 South. The application was for a change from RE-12.5 to R-1-7.5. There was a lot of public comment about increasing density. The Planning Commission Members discussed the surrounding lots that ranged from 10,000 to 12,500 sq. ft. The Planning Commission recommended denial of request, but recommended approval with a change to 10,000 sq. ft. lots. The Planning Commission began discussion about creating a "Subdivision Lot Averaging Overlay" and made some initial changes to the draft of the "Affordable Housing Plan". There will be a Public Hearing on the draft at their next meeting. 
C. Ivins Tourism Council Video
Dale Coulam stated that the DVD was not available for this meeting so it would be continued to the next meeting.

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 Taviawk Subdivision Phase XI and XII.  Kayenta Development, Inc., owner, and Lance Anderson, applicant
Kevin Rudd introduced the Preliminary Plan by stating that it consists of 82 lots and is zoned RE-20 (Residential Estates - minimum lot size 20,000 sq. ft.) and RE-25 (Residential Estates - minimum lot size 25,000 sq. ft.) He stated that  staff recommends approval and that the Planning Commission also recommends approval. Council Member Mendenhall asked if this is part of the Red Cliffs Desert Reserve. Kevin Rudd stated it is not part of the Reserve, but the Reserve Technical Committee has cleared the land prior to development because there may be tortoises there. Mayor Hart opened the Public Hearing. There being no public comment, Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of a Preliminary Plan for Taviawk Subdivision Phase XI and XII
There was no discussion.

MOTION: Council Member McDonald moved to approve a Preliminary Plan for Taviawk Subdivision Phase XI and XII
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


5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Presentation and discussion regarding recommendations for the Snow Canyon/Tuacahn Drive roundabout center piece
Mayor Hart stated that the artist for the roundabout centerpiece is out of town and asked that this agenda item be tabled.

MOTION: Council Member McDonald moved to continue presentation and discussion regarding recommendations for the Snow Canyon/Tuacahn Drive roundabout center piece
SECOND:  Council Member Mendenhall
VOTE: The motion carried unanimously.

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

B. Discuss and consider approval of a Memorandum of Understanding for Taviawk XI and XII Subdivisions
Dale Coulam stated there have been a couple of revisions to the Memorandum of Understanding and he handed out a revision to the Council Members. The MOU is for an alternative sewer system for the Taviawk area of Ivins. The developer will install the system and there will be a three-year evaluation period to see if it performs as expected. The developer has the risk and will post a bond for the project. The bond is of sufficient amount to install a conventional sewer system in case this system fails. This MOU will allow the developer to proceed with the project. Mayor Hart stated this is a very clean and functional system. Lance Anderson stated that a lot of these systems have been installed since the 1970's. The septic tank portion of the system only needs to be pumped about every ten to fifteen years if it is sized correctly. The pipe doesn't need to be cleaned because it is a closed system. 

MOTION: Council Member Elwell moved to approve a Memorandum of Understanding for Taviawk XI and XII Subdivisions
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

C. Discuss and consider approval of Master Plan/Development Agreement for the Taviawk XI and XII Subdivision Projects
Dale Coulam stated this Development Agreement is coming to the City Council at the Preliminary Plan stage so the developer can begin the sewer system project. There has been a slight revision to the agreement and he distributed a hard copy to the Council Members with the revision. Council Member Elwell stated that there is a paragraph referring that this project is within the Tortoise Reserve but he didn't think it was in the Reserve. Lance Anderson stated that there are two or three lots that are in the Reserve and the paragraph should remain in the Agreement.

MOTION: Council Member Elwell moved to approve a Memorandum of Understanding for Taviawk XI and XII Subdivisions as amended
SECOND:  Council Member Mendenhall
VOTE: The motion carried unanimously.

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

D. Discuss and finalize prioritization of department needs for upcoming fiscal year budget
Dale Coulam stated there have been no further changes since the last meeting. The next step is that Department Heads will put tentative budgets together for the April 4, 2013 meeting. Council Member McDonald had concerns about the 10% reduction in property tax. He didn't want to apply that reduction and have to turn around and ask for an increase in the future. Mayor Hart stated it isn't a large amount per household. He asked about the maximum allowable reserve. Dale Coulam stated that there is a bill in the legislature to increase the reserve requirement. Council Member Roberts stated that as we see the sales tax revenue increase the city should give something back to the citizens. He feels the city should look out for the citizens and not look for something to spend money on. Council Member Densley asked if it would be more of a benefit for the citizens to install additional lights on Main Street or add additional shade to our parks. He feels that the money could be grouped together for a greater benefit to the citizens. Council Member Elwell stated that "value of life" comes to mind when discussing improvements to parks. He suggested that it would be better used if it were used for park improvements. Council Member Mendenhall agreed with Council Member Densley and stated that although giving back $23.00 to each household is a nice gesture, pooling the money might be a greater opportunity to have something that all citizens could enjoy. Council Member McDonald felt the city should not offer the money back but to add it to the reserve to gain the largest amount of protection the city can get. Once the maximum reserve is reached, the city could refund money to the citizens. Council Member Densley stated he would like to see a revision and take the $100,000 and wait to see what the state will allow to be in reserve and then prioritize the needs. Dale Coulam stated this is a very preliminary budget and once the tentative budgets are submitted by staff, we can see what is excess. Mayor Hart asked how the Council felt about the cost of health insurance. Council Member Densley would like to see what the cost per family is since some families have more dependents.
The Council will discuss this again at the next meeting.
E. Discuss and consider approval of Resolution No. 2013-04R, a Resolution of Ivins City, Utah, Supporting Implementation of the Transfer of Public Lands Act (Utah HB148 2012)
Council Member Roberts read an article from the Deseret News written by the Chief Sponsor of the bill, Ken Ivory. A copy of the article is available by request through Ivins City Hall. Council Member Roberts is in favor of supporting House Bill 148. Mayor Hart asked County Commissioner Alan Gardner to explain why the County has taken the action they have taken, what the background is, and what the impact it will have on the County. Mayor Hart also asked what impact or influence a Resolution passed by Ivins City would have on this issue. It seems that no matter how Ivins City votes, it's a lose/lose situation for the City because there has not been a public hearing held nor have the citizens been asked to weigh in on the issue. Commissioner Gardner stated that he feels HB 148 is important to all of the citizens of Utah. Most of the residents live in communities that will be impacted by the natural resources we have including funding for education. He felt that every year there are more and more restrictions on public lands and natural resources and how they can be used. If the state is allowed to develop the natural resources without federal involvement there wouldn't be the worry of revenue for education and a lot of other things. This would have an impact on citizens of Ivins and the State of Utah. Mayor Hart stated he has received over one hundred emails regarding this and they have all been against the bill. Commissioner Gardner said that there has been a lot of mis-information circulating about the issue. Council Member Elwell stated he respects the work of Commissioner Gardner. He read his position on House Bill 148. "In order to offer an affirmative vote to the Resolution before us, I must first resolve the language of HB 148. At least to the extent that if it had been within my purview to do so, I would have voted with the majority. The reality is, I would have had deep reservations." 1) The "Legislative review note", from the Office of Legislative Research and General Council, makes it abundantly clear that HB 148 is problematic. It appears that insisting on "a date certain" in this legislation, practically guaranties it to be indefensible. 2) Much, if not most, of the research and recommendations the "Constitutional Defense Council" was charged with providing, should have preceded "HB 148". "To have the benefit of comprehensive research and to have safeguards in place to deal with critical matters is requisite." "While I am not impressed with HB 148, I am tremendously impressed with the "Constitutional Defense Councils" November 14, 2012 report to the State Legislature Interim Committees, as was directed by HB 148." Council Member Elwell quoted text from the report presented to the State Legislature Interim Committees submitted by the Constitutional defense Council dated November 14, 2012. Council Member Elwell went on to say "I believe that lacking this information and attendant legislative safeguards, a "date certain" challenge to the federal government is ill advised. When this information is forthcoming and the result is found to promote both an economic sustainable boost to the state and viable protection and preservation of these lands are assured, to my convincing, then my position may turn. I recognize that clear minded right thinking individuals can have a different view of this matter than I, however, this is the threshold I have set for myself in this matter, and it is consistent with the standard I have held for myself during my tenure on this Council." Council Member McDonald stated that he is in favor of supporting HB 148. He feels that the federal government isn't running very well, so why would we leave land in their control when they won't be able to manage federal lands soon by running in the red. He feels that when the federal government won't be able to manage the federal land, it will fall on the state and cities to manage the land.  
Council Member Densley stated he supports HB 148. 

MOTION: Council Member Roberts moved to approve Resolution No. 2013-04R, a Resolution of Ivins City, Utah, Supporting Implementation of the Transfer of Public Lands Act (Utah HB148 2012) amended to reflect today's meeting date
SECOND:  Council Member Densley
VOTE: The motion carried.

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

F. Discussion of the Planning Commission’s recommendations for Commercial Zoning text amendments to Chapter 6, 17 and 19 as well as amendments to Table 33-2 of the Ivins City Zoning Ordinance
Mayor Hart stated that the Planning Commission has been working on this document for three years. He asked for direction as to how the Council would like to move forward with reviewing the document. He stated he would like more time to review the document. The Council Members agreed to begin reviewing the document at the next meeting, work through it as much as possible and then continue discussion at the next meeting until the review is complete.

MOTION: Council Member Densley moved to table discussion of the Planning Commission's recommendations for Commercial Zoning text amendments to Chapter 6, 17 and 19 as well as amendments to Table 33-2 of the Ivins City Zoning Ordinance and review the document a section at a time beginning with the next meeting.
SECOND:  Council Member Roberts
VOTE: The motion carried unanimously.

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


6) CONSENT AGENDA
A. Approval of Meeting Minutes for February 21, 2013

MOTION: Council Member McDonald moved to approve the Consent Agenda item A
SECOND:  Council Member Mendenhall
VOTE: The motion carried unanimously.

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Mendenhall - no report
Council Member McDonald - no report. He referred to the Land Use Map and inquired what kind of notice was put out to the public when the map was amended. Dale Coulam stated that it was the noticing that is required by law by placing it on the City website, State website and the public places. Council Member McDonald indicated that when he talks with citizens about the Land Use Map, they are saying they didn't know that it had even changed. He suggested notices be emailed to residents. 
Council Member Roberts reported online training is required for the Southwest Mosquito Abatement District. The District is now separate from the County.
Council Member Densley - no report
Council Member Elwell - no report
B. Mayor
Mayor Hart reported there are significant things going on in the regional planning arena. The Metropolitan Planning Organization (MPO), which Ivins is a part and the Rural Planning Organization, which includes most of the eastern part of Washington County are in the process of merging. Mayor Hart has been asked to represent Ivins on a committee called CIRPK Community Integrated Resources, and is focusing on water. The Committee is reviewing water use, water policy and looking into the future to determine what the real needs are going to be for Washington County. Mayor Hart stated that the Veterans Hospital will be posting available jobs and they can be found on the utah.gov website.
C. City Manager/Attorney Dale Coulam
Dale Coulam reminded the City Council that there will be a Municipal Building Authority (MBA) meeting at 5:15 p.m. prior to the next City Council meeting.  He reported that he and Chief Bob Flowers attended Police Policy training in Las Vegas earlier this week.   Council Member Densley asked Dale for an update regarding SunTran. Dale Coulam stated he has not yet received a draft Agreement from the City of St. George. He stated that staff would look into that. In the last communication, he was told the City of St. George was working on the contract. Council Member Densley asked Dale Coulam if there were results of businesses advertising in the newsletter. Dale Coulam stated it has been moving along and Kent Cook is visiting with businesses and getting positive feedback. Kent will follow up with businesses after advertising has started. 
D. Items to be placed on future agendas
Council Member McDonald would like to consider better ways to post public hearing notices for the community. He would like to see the City include electronic communication. Mayor Hart asked Dale to research available options. 

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND:  Council Member Mendenhall
VOTE: The motion carried unanimously.

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

The meeting adjourned at 7:45 p.m.

Respectfully,

Terri Fabio, CMC
Deputy City Recorder