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
February 19, 2015

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:30 p.m. and announced there was a quorum present.
All present included Mayor Hart, Council Member Elwell, Council Member McDonald, Council Member Mendenhall, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, Public Works Director Dave Glenn, City Engineer Chuck Gillette, Building and Zoning Administrator Kevin Rudd, and Director of Finance Wally Ritchie.
EXCUSED:  None.
Audience: Delores Osborn, Bryan Pack, Ethan Pack, Jaden Rollo, Kolten Charter, Duncan Richey, Carter Hugunin, Julie Applegate, Linda and George Davis, Jim Keeley, Scott Raine, Becky and Chuck Warren, Ben Bowler, Jenny Johnson, Scott Sizemore, Zarek Proffit, Judith Kapuscinski, Lance Anderson and others who did not sign in.
A. Acknowledgement of Quorum
Mayor Hart acknowledged there was a quorum present and indicated Council Member Mendenhall would arrive later.
B. Flag Salute
Council Member Elwell led the Flag Salute
C. Invocation
Council Member Elwell gave the Invocation
D. Disclosures
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Mayor Hart announced that Dave Glenn has been recognized by the Southern Utah Branch of the American Public Works Association (APWA), as the 2015 Public Works Employee of The Year.  He has worked at Ivins City for eleven (11) years and has more than 30 years of experience working in the Public Works field.  The Mayor and City Council congratulated Dave Glenn and stated the recognition was well deserved.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Parks and Recreation, Public Works, Engineering, Building Department and Finance
Parks and Rec Report
Public Works Summary of Operations
5 Year Monthly Water Usage Comparison
Benny Sorensen reported that basketball will end next week.  The fence around the north and east sides of the basketball/pickleball courts at UNITY Park was completed as an Eagle Scout project and should make it so the balls do not roll out into the street.  He met with approximately 15 youth and their parents who are interested in a skate/bike/scooter park.  
Dave Glenn reported that the Highway 91 design is 90% complete.  The UDOT CAP funding will likely provide an additional $200,000 for the project.  Ivins City had a booth in the Dixie Transportation Expo that was held last week.  He reminded the Mayor and City Council that there will be an Open House on Wednesday, February 25, 2015 at Ivins City Hall from 5:00 p.m. to 7:00 p.m. regarding the NRCS (Natural Resources Conservation Service) dam rehabilitation project.  He reported that the updated SunTran ridership report indicates a total of 1127 since the service opened.  That is an increase and an average of 47 people per day for Ivins route and ridership to Tuacahn is starting to increase as well.  The Mayor and City Council requested that a copy of the report be emailed to them.
Chuck Gillette reported that the pumping station upgrades are being bid out and the City Council will likely see an expenditure request for that project on the next City Council agenda.  The Taviawk Tank will likely be re-coated the week of February 16, 2015.  The Highway 91 culvert replacement project is part of the NRCS funding that was received from the 2012 storm.  The 48" culvert will be replaced with two (2) 4'x12' box culverts.  Plans have been submitted for a stream alteration permit and the work is planned to occur in March, 2015.  Staff is preparing the contract documents to receive bids for the road widening and sidewalk project on 200 East and 400 East.  The Tuacahn Wash detention dam has been excavated out and the grate was repaired and strengthened.  The berm on the north side of Vermilion Cliffs in the Reserve has been repaired and the City is nearly done moving the fencing for the tortoise reserve.  The NRCS granted the needed exception to move forward with the Red Mountain Dams Rehabilitation Evaluation.  After the Open House, he will have more information and will report to the Council about questions regarding rock facing.
Council Member Mendenhall arrived at 5:45 p.m.  She had no disclosures or conflicts of interest with items on this meeting's agenda.
Kevin Rudd reported that the City has issued 15 single family building permits to date.  The Family Dollar Store hopes to begin their project the first part of March.  Code Enforcement is working on weed control and a Class V Conditional Use Permit will be coming forward for Tuacahn to include a gift shop and restaurant.
Wally Ritchie provided a monthly budget report to the Mayor and City Council.  He reported that the City's revenues and expenditures are healthy and will carry Ivins through the rest of the fiscal year.  There are some concerns regarding building permits still down and only three (3) issued in January.  That affects the Building Permit Revenue, the Impact Fee Funds and the Enterprise Funds.  Management believes the slowdown was a winter slowdown and expects activity to pick up in the 3rd quarter.  Council Member Roberts inquired what the building rate was in other parts of the County.  Wally Ritchie indicated we had a really good December while the rest of the County did not and the other municipalities were also low on the number of building permits issued in January.
B. Planning Commission Report
Chairperson Jeff Loris reported that the Planning Commission held a Public Hearing on a proposed zone change from RE-15.0 Residential Estates District-minimum lot size 15,000 sq ft to R-1-10 Single Family Residential-minimum lot size 10,000 sq ft on a 5 acre parcel located at the southwest corner of 200 North and 400 West.  The Planning Commission recommended a zone change to RE-12.5 Residential Estates District-minimum lot size 12,500 and a Public Hearing on that zone change will be held at the City Council meeting on March 5, 2015.  The Planning Commission also discussed updating the General Plan and the Historic Township overlay.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
None

4) PUBLIC HEARING AND ACTION ITEMS
None

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of a Memorandum of Understanding regarding Taviawk drainage improvements
Taviawk Memorandum of Understanding
Taviawk Memo of Understanding
Dale Coulam indicated that there was a type-o in paragraph 3 where the dollar amount should say $7,500 rather than $7,700.  The agreement outlines the parties understanding that the developer of the Taviawk Subdivision is willing to contribute up to $7,500.00 and the City agrees to match the developer's contribution up to a maximum of $7,500 to help with the installation of the proposed improvements.  The agreement accounts for the flow that comes off of all of the City property.  Council Member Roberts stated that the City has a responsibility for the water that is running off of City property and feels it's a fair way to resolve the situation and match the developers' amount as the language in the agreement states.  Council Member Elwell concurred.

MOTION: Council Member Densley moved to approve option number 1 as amended of the Memorandum of Understanding regarding Taviawk Storm Drainage Improvements
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

B. Discussion regarding distribution of the City’s portion of the RAP (Recreation, Arts and Parks) Tax
Benny Sorensen indicated that he felt the distribution should be divided equally in 3 parts - Recreation, Arts and Parks.  That is also what St. George is planning on doing and what Cedar City has done by ordinance. Ivins won't know how much money Ivins will receive until the first of the year and it will fluctuate from year to year. It would make more sense to collect the money for the whole year so that the City knows exactly how much has been given to Ivins and then disperse the money.  He suggested that the funds be granted out where a requestor fill out an application and then they compete for the funds.  Council Member Roberts inquired if the money can be set aside for capital improvements and gave the example of a recreation center.  Benny Sorensen stated he didn't know all of the restrictions but didn't think it would be a large amount of money.  Mayor Hart clarified that Ivins likely will not receive any revenue until June, 2015 and would like the Council to focus on formula rather than the specific details of distribution.  He liked Benny's suggestion of waiting until January to see what funds have been received.  Council Member Mendenhall indicated she loves Benny's plan with regard to dividing it equally and granting out the funds through a competing application process.  It's a fair process and nice way to balance how the funds are dispersed. Mayor Hart invited a representative from Tuacahn Center for the Arts and the Kayenta Arts Foundation to explain why there is a need for public support for the arts.
Jeff Fisher is a resident of Ivins City and works at Tuacahn.  He stated that it's important for public support for the arts because the majority of the arts are not self-sustaining due to replacement costs for technology, aging equipment and similar.  There is no revenue to address depreciation needs but with the support of public funding, those things can be addressed.  Council Member Mendenhall clarified that technology changes so quickly in lighting, sound and stage effects that it's similar to computers and phones where they become obsolete in a year.  The replacement value of the capital expenses for those grows over the years.
Judith Kapuscinski with the Kayenta Arts Foundation indicated their organization is very small and they have a new project that they are raising funds for.  The RAP tax would be important to their association because they hold two (2) major festivals a year.  One of those festivals is the Kayenta Arts Street Festival and the free event costs $30,000 cash and in kind to put on.  They have applied for funding through various sources and in one instance, they asked for $24,000 and received $2,000.  The notion that the RAP tax is specific to the Ivins community will help fund the arts on equal footing with Parks and Recreation. Council Member Roberts had a concern regarding applicants' double dipping and gave an example of an organization applying for funds from several cities in the County as well as Ivins.  Mayor Hart clarified that if the entity was a 501(c)3 non-profit entity, they could go to multiple cities and the county and request funds.
Mayor Hart inquired if a Resolution is needed.  Wally Ritchie indicated he had a conversation with Kim Hafen a couple of months ago and the County has to set up an advisory board that reviews the applications to determine who the money is distributed to.  Dale Coulam felt that it would be advantageous for Ivins to apply for RAP tax funding of projects along with the other applicants for transparency and prioritizing the projects.  He suggested that the City could pass a Resolution that sets forth the formula and describe the process.  Council Member Densley would like to do what is best for the whole but is not sure about the proposed 1/3rd formula.  Mayor Hart suggested Dale draft a Resolution that they can discuss at the next City Council meeting.  The City Council agreed.
C. Discuss budget priorities for Fiscal Year Ending (FYE) 2016
FYE 2016 Budget Priorities
Wally Ritchie provided a report to the Mayor and City Council.  A copy of the report is available by request through Ivins City Hall.  The majority of the projects listed as priorities the City will be able to fund but the big priority projects that are expensive is in Parks.  The City won't have the impact fees to pay for all of those projects because the City is still using those to pay for UNITY Park.  There is approximately twelve (12) more years to pay on that bond.  He referred to the Desert Rose Park and stated that the Development Agreement requires the impact fees specifically for that development to be applied towards the Desert Rose Park.  There's some questions with prioritizing the Parks projects.  He reviewed with the Council each of the items listed and identified what projects are impact fee eligible.  Council Member Densley inquired if it was possible for the City to bond for the projects rather than to use and deplete the impact fees funds.  Wally Ritchie stated they can bond for all or part of the projects and agreed that the City should retain some funds in reserves but clarified that there are also time limits for impact fees to be spent.  Mayor Hart inquired if the improvements could be phased.  Wally Ritchie clarified that many of them could be.  Council Member Roberts referred to the priorities list and inquired if those were all included in the budget projections for next year.  Wally Ritchie clarified that the budget priorities list is just a wish list and not yet built into the budget; they are projects that the City knows are coming up.  Council Member Roberts referred to prior discussions regarding a dog park and indicated he didn't see that on the list.  Wally Ritchie stated there's an interest and there have been discussions regarding a land trade with SITLA for a dog park but that is not in immediate future.  Mayor Hart indicated the Council needs a discussion with Benny Sorensen present. Council Member Elwell referred to bringing the part-time Animal Control officer full-time and inquired when the City would be obtaining information from Santa Clara regarding that.  Wally Ritchie stated Santa Clara is just starting their budget process but he anticipates having the information by the end of April.  Mayor Hart suggested that the discussion continue when Benny is present and discuss primarily how Desert Rose could be phased.
D. Discuss and consider approval of Resolution No. 2015-02, a Resolution of Ivins City, Utah, encouraging the State of Utah to address Comprehensive Transportation Funding
2015-02R Comprehensive Transportation Funding
Mayor Hart referred to a prior discussion regarding higher efficiency vehicles and alternative vehicles where more miles are traveled with less gas consumption and ultimately insufficient revenue to maintain the roads. Long term there has to be a solution or face deterioration of the roads and higher costs to replace the roads rather than maintain them.  The Utah State Legislature is dealing with this and is in a committee discussion. The Utah League of Cities and Towns (ULCT) recognizes that this has reached a crisis level and this Resolution is intended to send a message to the Legislature that the cities and counties, along with the State, are desperate for this to be resolved in this years Legislature.  Dale Coulam indicated that the ULCT has circulated to the cities a proposed Resolution for the cities to consider to show support for what they're doing and to get the cities involved in the process and an opportunity to address their representatives at the State level.  Mayor Hart clarified that the Resolution is general and does not recommend specific resolution.  He indicated that if the process is through a point of sale, he objects.  He would like to personally or have the Council authorize him to write a letter indicating that the City does not favor sales tax to be used as the funding mechanism.  He feels that the funds ought to be distributed equally and not done as a point of sale formula.  Council Member Roberts agreed and indicated that people driving higher mileage vehicles and riding bicycles do not pay their share either.  The Mayor and City Council determined that the Resolution was general enough to pass and to have Mayor Hart write a letter to be included with it.

MOTION: Council Member Densley moved to approve Resolution No. 2015-02R, a Resolution of Ivins City, Utah, encouraging the State of Utah to address Comprehensive Transportation Funding
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

Roll call vote.  All in favor.
E. Discussion regarding curbside recycling
Curbside recycling
Council Member McDonald stated the County is looking at implementing a county wide recycling program. There is an option to opt out but there would have to be 50% participation.  The least expensive option would be to mandate recycling county wide.  He originally hesitated on requiring a mandate but supports that now because he can see that most communities that started with an opt out program changed to a mandated program within a few years and the cost to the residents is higher with the opt out option.  Mayor Hart indicated that the estimated use extension of the landfill is 15 years with the opt out option and 20 years if the recycling program is mandated.  That would defer any increase by at least that period of time when it's required to build a new landfill.  Council Member Roberts inquired as to the Councils' position.  The Mayor and City Council agreed that the best route would be to support a mandated recycling program.

6) CONSENT AGENDA
A. Approval of Special Meeting Minutes for February 12, 2015

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

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Densley - no report
Council Member Roberts - no report
Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell no report but he provided information regarding a story about a successful animal adoption.  A copy of the information is available by request through Ivins City Hall.
B. Mayor
Mayor Hart reported that he with Chief of Police Bob Flowers and Fire Chief Randy Hancey at the fire station regarding the need for added space.  They determined that rather than build a new fire station on the east side, it would make more sense to simply add onto the existing station.  They have a lot of great ideas and concepts and he is sketching something.  Dale Coulam indicated there will be a discussion item in the future regarding the Historic Township, identifying what the historic city block requirements for setbacks, height requirements and similar will be.  Mayor Hart reported that on May 29, 2015, there will be ribbon cutting at the Southern Utah Veteran's Center for the Eagle Monument that is going to be placed there.  He has asked the Manager and Sculptor of the Snow Canyon Drive/Tuacahn Drive/Center Street sculpture to work with the foundry so that a ribbon cutting for that sculpture can be held on July 24, 2015.  He also reported that the Southern Utah Veterans Home will be building a Memorial Park on their premises.
C. City Manager/Attorney Dale Coulam
Dale Coulam reported that thanks to the efforts of the Parks Supervisor, the City qualified for a safety award from ULGT and the City received just over $2,000.  In July of this year the City anticipates to receive over $4100 from the Trust as a premium rebate for a favorable experience on liability coverage.  He appreciated the efforts of Ivins staff and indicated they are very capable people in all positions and acknowledged them. Mayor Hart reported that Public Works Director Dave Glenn mentioned to him that Ivins staff took on the Christensen fence moving project in-house and accomplished that project for a 10th of what was budgeted.
D. Items to be placed on future agendas
Dale Coulam reported that there may be an Agreement for the Family Dollar Store on the next City Council agenda.

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 8:05 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder