All present included Council Member McDonald, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Public Works Director Dave Glenn, City Engineer Chuck Gillette, Building and Zoning Administrator Kevin Rudd, and Director of Finance Wally Ritchie.
EXCUSED:   Council Member Elwell, Council Member Mendenhall

A.	Acknowledgement of Quorum

Mayor Hart indicated that Council Member Elwell and Council Member Mendenhall were excused.

B.	Flag Salute

Council Member Roberts led the Flag Salute

C.	Invocation

Council Member Roberts gave the Invocation

Mayor Hart referred to Ivins Princess Pageant.  Madeline Dennett stated she is Miss Ivins and has had the opportunity to serve the community over the last year.  She invited the Mayor and City Council to attend the Ivins Princess Pageant on Saturday, April 18, 2015 at 6:00 p.m. at Snow Canyon High School.  The Mayor and City Council thanked her and the royalty for the services rendered to the City.  Allyson Svedin indicated that as part of the pageant, she did a service project to help with the Ivins Animal Shelter by holding a bake sale for three (3) days and raised $275.00 for FIAS (Friends of Ivins Animal Shelter).

D.	Disclosures

There were no disclosures or conflicts of interest with items on this meeting's agenda.

A.	Department Reports: Public Works, Engineering, Building Department and Finance

5 Year Monthly Water Usage Comparison

Public Works Summary of Operations

Ivins Bus Route Ridership tallies

Dave Glenn reported that staff has been busy working on storm drain improvements on Highway 91 near 600 West where they installed an additional culvert near Coyote Gulch.  The contract for the 2015 street improvements is on the Consent Agenda tonight and if the Council approves that, those improvements will start and are expected to be completed within a month.  He reported that SunTran ridership continues to increase.  There was an average of 47 riders a day for the first seven (7) weeks that the service began and that is now up to 57 riders a day.  The Tuacahn ridership has increased by 120%.  He reported that an Active Transportation Plan was handed out at a recent DTEC (Dixie Transportation Executive Council) meeting for the cities to adopt in the future as a piece of the Master Plan.

Chuck Gillette referred to the Pumping Station upgrades project and stated that they are waiting on electric parts to arrive, which aren't expected to be received until April 29, 2015. The project to replace the Old Highway 91 culvert began on Monday, April 6, 2015 and is complete as of today.  Council Member Densley inquired if there was going to be a trash rack on the culvert.  Chuck Gillette indicated he will look at that.  He referred to the Ivins Reservoir projected and stated that equipment is on site and the Water Conservancy District is constructing the causeway dam.  Mayor Hart inquired as to the status of drainage improvements on the west side.  Chuck stated that they are working on the Master Plan.  Council Member Densley inquired as to the status of the dike project with the rip-rap.  Chuck Gillette indicated public comments have been received and the environmental assessment is being finalized.  Once that is finalized, they can begin designing the project.

Kevin Rudd reported that Ivins City is continuing to issue single family building permits, with 12 issued so far in April.  He reported that there are additional subdivisions that are in the approval process.  He provided a code enforcement report to the Mayor and City Council.  A copy of the report is available by request through Ivins City Hall.  There were 113 code enforcement cases in March and part of April, with the majority being resolved through courtesy letters and contact to resolve the violations.  Of those cases, there is one (1) case that will is scheduled to be addressed through the Administrative Code Enforcement court.

Wally Ritchie reported that the City received a letter from Site Select Plus, formerly known as the Economic Development Committee.  Ivins City chose not to participate as a member last year because of money and Site Select's focus.  It may be wise to re-join for the year 2016 for one (1) year and see if they will help with marketing Ivins' projects.

B.	Quarterly Financial Report - Wally Ritchie

Wally Ritchie indicated that the General Fund Revenues and Expenditures are as expected.  Development Fees and Impact fees are lagging and the Enterprise Funds are stable.  On the expenditure side, the City is under budget and has only used 73% of the budget.  He stated that the Department Heads are doing a fantastic job at managing their budgets.  Council Member McDonald referred to the consolidated Santa Clara Ivins Police Department and inquired if the City is still seeing savings with combining the two departments.  Wally Ritchie stated absolutely.  Council Member Roberts inquired if the City has ever compared the different departments per man hour and if so how that compares to Public Safety, with the understanding that law enforcement is a 24/7 operation. Wally Ritchie indicated the City has not done that but in addition to the 24/7 operation, you have to take into account the different wage structures.  Law enforcement retirement costs are a lot higher than regular City employees.  A comparison could be done but it wouldn't be an apples to apples comparison because of those differences.  Council Member Densley referred to sales tax and inquired how much of the revenue generated from sales tax stays in Ivins, how much goes to the State and how much goes to the County.  Wally Ritchie clarified that all sales tax money goes to the State and there's a formula that the State uses to distribute that.  Part of it is based on where it's generated and part of it is based on population and it's a 50/50 percentage.  It's the same formula for all of Utah.  The County does not receive revenue on that sales tax. Council Member Roberts referred to the revenue that the Water Conservancy District receives and inquired where that money comes from.  Wally Ritchie stated it comes from user fees.  In summary, the General Fund is on solid ground.  The City is cautiously optimistic with Development Revenue.  Capital Projects have been anticipated andoperations are good in the Enterprise Funds.

C.	Planning Commission Report

Chairperson Jeff Loris reported that the Planning Commission held a Public Hearing on a proposed zone change from Neighborhood Commercial to Residential Estates minimum lot size 12,500 sq ft on a .40 acre parcel located on the Northeast corner of Center Street and 200 West.  There were no comments made at the Public Hearing.  The Planning Commission made the recommendation to approve and forwarded the item to the City Council for a Public Hearing.  The Planning Commission also discussed proposed amendments to Ivins City Code Zoning Ordinance regarding short term leases of residential properties.  Discussion regarding the General Plan and Historic Township Overlay were tabled.  Council Member Densley inquired about short term rentals in residential areas.  Chairperson Loris clarified that what they're discussion is specifically for a new subdivision that has a plan, on a minimum of five (5) acres.  Council Member Densley inquired how an existing residential home could rent short term.  Chairperson Loris clarified that may be allowed through a Bed and Breakfast application.  Council Member Densley inquired if the home owner does not live in the residence year round, could it be rented out short term?  Chairperson Loris stated that homes in existing subdivisions would have to remain vacant.  Dale Coulam clarified that the proposed ordinance as currently drafted is modeled after Santa Clara's ordinance and only applies to a new development.  It does not allow people to engage in short term rentals in existing homes.  If the rental is longer than thirty (30) days, an owner might be able to rent it out but it depends on the HOA (Home Owners Association) and/or CC&R's (Covenants, Conditions and Restrictions).  Mayor Hart extended an invitation to the Planning Commission for Mayor Hart to introduce an Arts Master Plan as an element to the General Plan.  Chairperson Loris accepted.  Mayor Hart will present this to the Planning Commission at their May 5, 2015 meeting.

None

None

A.	Presentation and review of Tentative Budgets to complete Fiscal Year Ending (FYE) 2015 and for Fiscal Year Ending (FYE) 2016 - Part 2

Wally Ritchie provided a PowerPoint presentation to the Mayor and City Council regarding the FYE (Fiscal Year Ending) 2015 Budget to Complete and the FYE (Fiscal Year Ending) 2016 for discussion and review Part 2.  A copy of the presentation is available by request through Ivins City Hall.  He referred to the Impact Fee Funds and indicated that the Revenue for those funds is based on 90 building permits and a CIB (Community Impact Board) grant for updating the Impact Fees.  Expenditures of those funds are for Impact Fee Facility Plans/Analysis and Transfers for Capital Projects and Debt Service. Capital Projects are scheduled for Streets Projects, Public Safety Projects and Parks and Recreation Projects.  
Council Member Roberts referred to the Debt Service Fund and inquired as to what happens if the City had insufficient income.  Wally Ritchie stated that staff has held enough in the budget to pay for two (2) years of Debt Service payments.  Mayor Hart inquired if General Fund Reserves could be used if it were necessary.  Wally Ritchie indicated "yes".  The Budget Summary includes the budget schedule, priorities, a balanced budget, is fiscally conservative, no property tax increase, no rate increase and no fee increase.  At the next City Council meeting, the budget will be on the agenda to tentatively adopt the tentative budget and set it for a Public Hearing.  Mayor Hart referred to the Special Assessment Area (SAA) improvements where residents in the SAA are obligated to pay a portion of the assessment and inquired if that has happened more quickly than expected.  Wally Ritchie clarified that when the City receives that money, it goes into the Debt Service Fund as revenue to reduce the unpaid balance, which uses less money from the General Fund.  Dale Coulam further clarified that there are several residents who do not make payments at all and early payments are generally due to the sale of an assessed property.  There was a question regarding the assessment coming due and what would happen if assessed residents have not made their payments by that time.  Dale Coulam clarified that the City could enforce the lien on the property and there are some remedies through that process.  Council Member Densley inquired if it would behoove the City to put pressure on collecting the assessment before it gets to the end.  He suggested the possibility of attaching as a property tax. Dale Coulam indicated that the assessments are already on parity with a lien for property taxes and survive bankruptcy and foreclosure.  Mayor Hart commented that most properties sell at least once in a 20 year period.

B.	Discuss and consider approval of Resolution No. 2015-08R, a Resolution of Ivins City, Utah, appointing an additional Administrative Law Judge

2015-08R appointing additional ALJ

Dale Coulam indicated that the Council recently appointed Curtis Jensen as an ALJ, but Appellants of a recent Land Use Appeal objected to him hearing the case; as a result, Mr. Jense recused himself.  He approached the Washington County Attorneys Office and Civil Deputy County Attorney Eric Clarke was suggested.  Attorney Clarke has agreed to be an ALJ on an individual basis and not in his capacity through the County Attorneys Office.

MOTION: Council Member Roberts moved to approve Resolution No. 2015-08R, a Resolution of Ivins City, Utah, appointing an additional Administrative Law Judge
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

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

A.	Approval of expenditure and award of construction contract for 2015 Street Improvements

2015 Street Improvements

B.	Approval of City Council Meeting Minutes for April 2, 2015

MOTION: Council Member Densley moved to approve the Consent Agenda
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

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

A.

Council

Council Member Densley - no report
Council Member Roberts - no report
Council Member McDonald reported that he has been asked to sit on the contract board working with the recycling program.  There will be another meeting next week.  Ivins City and the City of Santa Clara prefer and are taking the position of making recycling mandatory because the price is less if it's mandatory.  He is concerned that about Dixie Waste undertaking a huge financial commitment as the provider for recycling.

B.

Mayor

Mayor Hart reported that he attended a transportation meeting and was given a graph that shows what the generated revenue is going to be for the additional fuel tax that was passed by the legislature.  He provided a copy of the graph to the City Council members.  A copy of the document is available by request through Ivins City Hall.  Cedar City is resisting this and the auto dealers in St. George are concerned that people would go to Cedar to purchase a car to save money on the purchase.  It is likely going to take all of the cities in the county joining together to support the tax being brought forward on the ballot and the feeling is that the County does not want to do that this year but would like some time to educate the public and then pass Resolutions in each municipality showing each Council's support.  He recommended that the Council take a serious look at this and at some point in the future he felt it would be useful for residents to understand how costs continue to rise, maintenance issues and why long term the State won't be able to sustain that based on the current structure.  He suggested this be a formal agenda item and a Public Hearing for residents to make comments.  He attended the Utah League of Cities and Town Mid Year Conference in St. George which was very informative.  He indicated that the Snow Canyon Joint Management Committee is functioning really well and now offers an annual pass for only Snow Canyon for a cost of $30.00 that is available at the entrance. The committee is pursing a rate structure that favors Washington County residents and/or Utah residents versus tourists.  They area also asking that since Snow Canyon State Park is a revenue positive park, that a portion of those revenues be retained for the benefit of Snow Canyon State Park.  He stated that Ivins Reservoir may be operational by this summer.  He appeared before the Santa Clara City Council regarding lighting and impact to the night sky.  He explained Ivins ordinance and restrictions on the types of lighting and requested that they review those, particularly with the Harmon's grocery store commercial development.  The Santa Clara City Council will be discussing it at a Work Meeting to at least restrict parking lot lighting and look at street lighting that focuses light down.  Regarding the proposed addition to the fire station, he stated that what's going to be done are very simple additions and if the Council is comfortable, he would like to approach that project the same way that the remodel of the animal shelter was done where Ivins staff provided the majority of the work.  He thinks that would save the city money.  The City Council agreed.

C.	City Manager/Attorney Dale Coulam

Dale Coulam referred to the Encanto project and indicated the developers came forward with different elevations and a few changes that weren't significant enough to warrant going through an additional process.  He explained the elevations and changes and the City Council agreed no additional approval process was required at this time.

D.	Items to be placed on future agendas

MOTION: Council Member McDonald moved to adjourn
SECOND:  Council Member Densley

VOTE: The motion carried unanimously.

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

The meeting adjourned at 7:35 p.m.

Respectfully,

Kari D. Jimenez, MMC 
Ivins City Recorder