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 19, 2015

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:35 p.m. and announced there was a quorum present.
All present included Mayor Hart, Council Member Elwell, Council Member Mendenhall, Council Member Roberts, Council Member Densley, and City Engineer Chuck Gillette.
STAFF: City Manager/Attorney Dale Coulam, Director of Finance Wally Ritchie, Andrea Byers, and Building and Zoning Administrator Kevin Rudd.
EXCUSED:   Council Member McDonald
Audience: Jenny Johnson, Becky and Chuck Warren, Lance Anderson and others who did not sign in
A. Acknowledgement of Quorum
Mayor Hart acknowledged there was a quorum present and indicate that Council Member McDonald was excused.
B. Flag Salute
Council Member Densley led the Flag Salute
C. Invocation
Council Member Densley gave the Invocation
D. Disclosures
Council Member Mendenhall referred to item 5)B and indicated that Curtis Jensen has done legal work for her in the past.  Council Member Densley stated that Curtis Jensen works in the same law firm as Lowry Snow who is his attorney. There were no other disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Public Works, Engineering, Building Department and Finance
Public Works Summary of Operations
Ivins Bus Route Ridership tallies
Engineering Report
Chuck Gillette reported on the 2015 Street Improvement Project which is amalgamating several small projects into one big project: The widening of 200 East and also 400 East; Snow Canyon Parkway Roundabout pavement repair due to buckling; Pioneer Parkway will have an overlay put over the top of it; the Trail Project between the Veteran's Home and Center Street has a small gap to fill. (the Public Works staff extended an irrigation line in that area as well so it is ready for the path to be installed); Center Street and Painted Hills Drive will have a connecting trail; on 800 South and 100 East the pavement needs to be replaced; and the extension of curb and gutter on 100 West south of 200 South.  The bid on that project will be on the 7th of April and will be awarded on the 16th of April. Desert Hills was awarded the Pump station project.  Taviawk tank overcoating is completed.  The Ivins Reservoir is moving forward with Washington County Water Conservancy District. A pipeline is needing to be installed.  Mayor Hart inquired if the State Legislature approved a line item.  Chuck Gillette stated the line item was approved for dam safety.
Kevin Rudd reported that the City has issued 20 building permits in the last three (3) months.  The Encanto subdivision will be pulling permits for two (2) buildings which will be sixteen (16) dwellings and a clubhouse. The Desert Rose subdivision will be starting phase 3 in the near future.  Family Dollar has their building permit and is ready to move forward.  The Kayenta Arts Center has pulled their building permit and is under construction.  Code Enforcement is working on weeds right now.  Short Term Rentals are becoming more popular and the Planning Commission has a proposed amendment to the Zoning Ordinance that will be coming to the City Council in the future.
Wally Ritchie stated the bus service is working.  At the next City Council meeting the draft budget will be handed out.  In the water department, the shut off procedure is that if the account is more than 60 days overdue, the water gets shut off and residents only need to pay the minimum amount due to have the water turned back on.  That means that they are still two months behind and may be on shut off the following month.  The ordinance states that the City shuts off water when the bill is 30 days delinquent and the full amount due has to be paid in order for the water to be turned back on.  He inquired if the Council wants to follow Ivins code or amend it.  In the EMS department, they are planning to hire a full time Paramedic.  EMS rates are currently $11.50 per hour and the going rate is now $14.50 per hour.  If we want to keep the ambulance service and good EMT's and Paramedics, it's something the City feels it has to do.  He referred to the Justice Court and indicated that was combined with Santa Clara under the assumption that Ivins would break even.  Currently Ivins City is not breaking even and has been working with Santa Clara to fix that and to minimize the expenses.  Capital projects has a deficit balance of $154,000.00 and needs to be corrected according to the last audit.  It appears money was never transferred from the General Fund over to the Capital Projects Fund. This is an easy fix, but it effects how much money we have to do things with.  The City is down about 20% over the revenue projections for the year, which affects the impact fees. Ivins City is committed to the pipeline at the reservoir, Desert Rose Park, trails need to be finished and Benny is looking into fundraising for the skate park.
B. Planning Commission Report
Kevin Rudd stated the Planning Commission held a Public Hearing for a Class IV Casita and approved that. A Public Hearing was held for short term rental projects in residential areas.  The Planning Commission closed the Public Hearing and tabled the discussion for the next meeting. The Old Township overlay was also tabled. Mayor Hart questioned if the Planning Commission will be looking at an Arts Master Plan. Dale Coulam stated it is noted and will be part of the General Plan Review.

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 General Plan Amendment to the Land Use Plan from Neighborhood Commercial to Medium Density Residential on a .40 acre parcel located at the northeast corner of Center Street and 200 West
Kevin Rudd stated this is a vacant parcel that is part of a four lot subdivision. In 2005 it was zoned commercial and the owner is now requesting to change the land use plan back to medium density residential and will seek a zone change to make it the same as the other three parcels.  The Planning Commission recommended approval. Mayor Hart opened Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of Ordinance No. 2015-05, an Ordinance of Ivins City, Utah regarding a Land Use Plan amendment from Neighborhood Commercial to Medium Density Residential on a .40 acre parcel located at the northeast corner of Center Street and 200 West
Ord No 2015-05 Land Use Plan amendment
Planning Commission Minutes re Land use Plan amendment
Staff report Application Map

MOTION: Council Member Densley moved to approve Ordinance No. 2015-05, an Ordinance of Ivins City, Utah regarding a Land Use Plan amendment from Neighborhood Commercial to Medium Density Residential on a .40 acre parcel located at the northeast corner of Center Street and 200 West
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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

C. Public Hearing on the Planning Commission’s recommendation to approve an Amendment to a Class V Conditional Use Permit for Tuacahn Center for the Arts for an expansion of the Gift Shop with Snack Bar/Restaurant/Show/Daycare/Music/Dance classrooms and rehearsal space
Kevin Rudd stated this is an amendment to the existing Class V Conditional Use Permit.  Tuacahn has a gift shop currently that will be demolished and become a 2 level building with a basement area.  Materials and colors will be consistent with what is currently there.  Show care services may be provided, a restaurant may also be included.  The lower area will be used as a classroom. Fire Chief Hancey has looked this over and has approved this. The State Fire Marshall is the final say as this is a Charter School.  The restaurant will be reviewed separately by the TRC (Technical Review Committee) when it comes forward. Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.
D. Discuss and consider approval of an Amendment to a Class V Conditional Use Permit for Tuacahn Center for the Arts for an expansion of the Gift Shop with Snack Bar/ Restaurant/ Show/ Daycare/ Music/Dance classrooms and rehearsal space
Staff report Application Narrative
Planning Commission Minutes re Conditional Use Permit amendment
Tuacahn maps elevations info
Dale Coulam stated the new building would match the existing colors and architectures and should be stated as a condition along with what Kevin Rudd said that if impacts change it will be brought back to be reviewed.  Council Member Mendenhall inquired if there needs to be any licensing for the daycare. Dale Coulam  explained that it is handled through the State of Utah and they have had show-care in another building for some time.

MOTION: Council Member Densley moved to approve an Amendment to a Class V Conditional Use Permit for Tuacahn Center for the Arts for an expansion of the Gift Shop with Snack Bar/ Restaurant/ Show/ Daycare/ Music/Dance classrooms and rehearsal space
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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


5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of a Lease Purchase Agreement and Resolution No. 2015-05R, a Resolution of Ivins City, Utah, approving the form of the Equipment Lease Agreement with Zions First National Bank
Resolution No 2015-05R Lease Purchase Agreement
Wally Ritchie stated that the City purchased a new vehicle for the Parks Department and this is the financing for the vehicle.  It is a two (2) year agreement with a 1.2% interest rate.

MOTION: Council Member Roberts moved to approve a Lease Purchase Agreement and Resolution No. 2015-05R, a Resolution of Ivins City, Utah, approving the form of the Equipment Lease Agreement with Zions First National Bank
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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

B. Discuss and consider approval of Resolution No. 2015-06R, a Resolution of Ivins City, Utah, appointing Administrative Law Judges
Resolution No 2015-06R Appointing Administrative Law Judges
Dale Coulam stated the City has been using former Mayor Daren Barney as the Administrative Law Judge for Code Enforcement.  A Land Use Appeal has been filed and Mr. Barney has a conflict. This Resolution formally appoints Daren Barney and Curtis Jensen as the Administrative Law Judges.  Daren has done an excellent job for Ivins as the code enforcement ALJ and he has heard nothing but positive things about Curtis Jensen.

MOTION: Council Member Mendenhall moved to approve Resolution No. 2015-06R, a Resolution of Ivins City, Utah, appointing Administrative Law Judges
SECOND:  Council Member Densley
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members that were present voted in favor.
C. Discuss and consider approval of Memorandum of Understanding between Washington County Water Conservancy District, Ivins City, Ivins Irrigation Company, Shivwits Band of Paiute Indians and Canadian Capital Corp., Kayenta Homesites, Inc., R. Terry Marten for Development, Operation and Maintenance of Ivins Recreation and Nature Park at Ivins Reservoir
Memorandum of Understanding
Dale Coulam stated the Council has seen a version of this already and gave tentative approval.  It was decided to add R. Terry Marten to the agreement due to him owning some of the land. It is stated the City will take responsibility of the administration and management of the recreation resource and the operation maintenance repair of recreation facilities at the reservoir park. It would become effective when it is executed by the Washington County Water Conservancy District (WCWCD), the Ivins Irrigation Company and Ivins City. This way they can move forward on the causeway.  Council Members inquired about the liability and insurance and what it covers. Dale Coulam stated that the recreation facility itself is the responsibility of the City.  Shivwits will be responsible for concessions and boat rental along with donating the sand for the beach. Dale Coulam indicated that the City needs to run a water line and may need an easement from R. Terry Martin to do so. Further discussions are needed to implement those agreements.

MOTION: Council Member Mendenhall moved to approve a Memorandum of Understanding between Washington County Water Conservancy District, Ivins City, Ivins Irrigation Company, Shivwits Band of Paiute Indians and Canadian Capital Corp., Kayenta Homesites, Inc., R. Terry Marten for Development, Operation and Maintenance of Ivins Recreation and Nature Park at Ivins Reservoir
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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


6) CONSENT AGENDA
A. Approval of expenditure for installation of box culverts for upsizing of culvert on Old Highway 91 at Kayenta Wash
Staff report Old Highway 91 box culverts
B. Approval of City Council Meeting Minutes for March 5, 2015

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

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Densley reported an average of 48 individuals a day ride the bus and the individuals he has spoken to are thankful for the service. Council Member Densley requested Mayor Hart report on Snow Canyon State Park and indicated that there is a proposal to implement a year long exclusive pass for $30.00.  A fee schedule was submitted but not all was accepted by the administrators.  Council Member Densley would like the road widened for bike riders and people walking because he feels that is a major safety issue.
Council Member Roberts - no report
Council Member Mendenhall - no report
Council Member Elwell - no report
B. Mayor
No Report
C. City Manager/Attorney Dale Coulam
Dale Coulam reported that former Mayor Roosevelt Gubler passed away and suggested that Ivins City lower the flag.  Mayor Hart gave direction to lower the flag for Friday and Saturday.  Dale Coulam will keep council updated about the zone change appeal.  He reported that concrete was poured at the base of the roundabout where the statue will be going and will be softened with plants and other landscape.  Mayor Hart stated that the unveiling of the statue for that roundabout will be held on July 24, 2015.  Council Member Mendenhall indicated she has seen people in the 200 East roundabout taking pictures or climbing the rocks.
D. Items to be placed on future agendas
None

9) CLOSED MEETING

10) ADJOURNMENT

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

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

The meeting adjourned at 6:35 p.m.

Respectfully,

Andrea Byers
Ivins City