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
May 7, 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 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, and Director of Finance Wally Ritchie.
EXCUSED:  None.
A. Acknowledgement of Quorum
Mayor Hart acknowledged there was a Quorum present and indicated that four (4) of the five (5) Council Members were present.
Audience: Becky and Chuck Warren and others who did not sign in
B. Flag Salute
Council Member Roberts led the Flag Salute
C. Invocation
Council Member Roberts gave the Invocation
D. Disclosures
Council Member Mendenhall arrived at 5:35 p.m.  There were no disclosures or conflicts of interest with items on this meeting's agenda.
Mayor Hart introduced the new Ivins Royalty.  Miss Ivins: Allyson Svedin; 1st Attendant: Brooke Schwendiman; 2nd Attendant: Whisper Saltzman; Miss Spirit: Paige Dewey; and Miss Congeniality: Aynsly Moak. 
Mayor Hart invited Kelle Stephens, President of DXATC (Dixie Applied Technology College) to provide a presentation.  Kelle Stephens indicated that DXATC began in 2001 and has grown from a modest beginning to an enrollment of over 6000 students and of those, nearly 400 are Ivins residents.  She reported on a project to build a new campus and stated that DXATC will need the support of all of the cities and towns in Washington County to make the project happen.  The Legislature has agreed to provide some funding but that funding cannot be used until DXATC raises $13 million dollars.  She stated that Washington County would be willing to consider obtaining a bond so DXATC is moving down that road.  DXATC doesn't have the authority to bond or the ability to commit long-term appropriated funds so they are looking at everyone in the county to help make the project and they are looking for some sort of a commitment from the cities.  Mayor Hart indicated that it's important for all of the cities to support the project in some way.  Council Member Mendenhall requested that when this is discussed, that Kelle bring as much information as possible as to who they've already talked to and a detailed analysis to compare numbers and updated information.  Council Member Densley inquired if DXATC has contacted companies on a national level and approached business like Caterpillar and similar businesses.  Kelle Stephens clarified that they are working every angle they possibly can.  Council Member Roberts inquired if DXATC will have a POST (Peace Officers Standards & Training) program in the future. Kelle Stephens clarified that that is a Dixie State University program but that DXATC will be discussing that with Dixie State.  Council Member Roberts inquired if there's the possibility of combining DXATC with Dixie State University to become one.  Kelle Stephens clarified that she hoped that would not happen because Dixie State University awards degrees and DXATC awards certifications because not all jobs require a degree.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Concept Plan Report for Cantera Cliffs Subdivision - Kevin Rudd
Cantera Cliffs Staff Report and Plan Application
Cantera Cliffs Concept Plan
Kevin Rudd reported that this subdivision consists of fourteen (14) lots on a total acreage of 4.813 and is zoned R-1-10 Single Family Residential, minimum lot sizes of 10,000 sq. ft.  He indicated that one challenge for this property is that it slopes significantly to the west and in order to drain back to 400 West, they would have to raise the road significantly.  That is not desirable so they are proposing to slope the road to a certain point and then obtain a drainage easement from one of the property owners to the west.  If no drainage easement is obtained, the development will likely end up being much larger homes on the property.  Council Member Densley inquired as to the status of obtaining that easement.  Kevin Rudd indicated that the builders, Ence Homes, have reported that they have a verbal agreement but Kevin let them know that that would need to be in writing.  He stated that staff is not requiring a connecting road through the subdivision, which is similar to the Red Stone Estates subdivision across 400 West.
B. Department Reports: Parks and Recreation and Public Safety
Parks and Rec Report
Public Safety Report
Mayor Hart indicated that Benny Sorensen and Bob Flowers are excused but written reports were previously provided.  Copies of the reports are available by request through Ivins City Hall.
C. Planning Commission Report
Chairperson Jeff Loris reported that the Planning Commission was given a presentation by Mayor Hart regarding an Arts Component to be incorporated into the General Plan as well as a presentation on a Concept Plan for Cantera Cliffs.  They discussed a Special Exception Application for the Lightfoots Chevron sign and recommended that the current sign be converted to an overhanging pole sign.  They continued to review and work on updating the General Plan and Historic Township Overlay District and discussed and provided a recommendation regarding proposed amendments to the Ivins City Code/Zoning Ordinance regarding short term leases of residential properties.  Discussion regarding short term leases of residential properties will proceed to the City Council.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
None

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the Planning Commission’s recommendation on a Zone Change from CN (Neighborhood Commercial) to RE-12.5 (Residential Estates minimum lot size 12,500 sq. ft.) on a .40 acre parcel located at approximately 180 W. Center St. - Ben Johnson Applicant
Kevin Rudd stated that this property was recently amended from a land use of neighborhood commercial, to a land use of medium density residential.  After that land use amendment, the owner applied for a zone change from Neighborhood Commercial to RE-12.5 Residential Estates minimum lot size 12,500 sq. ft.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of Ordinance No. 2015-07, an Ordinance of Ivins City, Utah, regarding a Zone Change from CN (Neighborhood Commercial) to RE-12.5 (Residential Estates - minimum lot size 12,500 sq. ft.) located at approximately 180 West Center
Zone change re Neighborhood Commercial to Residential Estates
Ord No 2015-07 Zone Change
There were no concerns or discussion.

MOTION: Council Member Densley moved to approve Ordinance No. 2015-07, an Ordinance of Ivins City, Utah, regarding a Zone Change from CN (Neighborhood Commercial) to RE-12.5 (Residential Estates - minimum lot size 12,500 sq. ft.) located at approximately 180 West Center
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

Roll call vote.  All Council Members voted in favor.

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of the Planning Commission’s recommendation on a Special Exception to replace the Chevron sign at 550 S. 200 E. Ivins - Lightfoots Applicants
Lightfoots Staff Report & Application
Special Exceptions Ivins City Code
Lightfoots Sign
Kevin Rudd indicated that a Special Exception is allowed per Ivins City Code, which allows for a commercial sign to overhang a public right of way, including sidewalk, but not extend into the street, provided it meets the five (5) listed conditions as identified in Ivins City Code 16.28.103(5).  This application meets all of the listed conditions and the TRC (Technical Review Committee) recommends approval.  The back light will be a softer light than is there currently.  Lightfoot's negotiated with Chevron to replace the sign, which will allow a sidewalk to be installed.

MOTION: Council Member Mendenhall moved to approve the Planning Commission's recommendation on a Special Exception to replace the Chevron sign at 550 S. 200 E. Ivins - Lightfoots Applicants
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

B. Discuss and consider approval of First Amended Independent Contractor Agreement Re: Ivins Irrigation Company System Operation & Repairs
First Amended Agreement re Ivins Irrigation Company
Dale Coulam stated that Dave Glenn came forward with recommended changes that are outlined in red in the agreement.  Ivins City has an independent agreement already in place for Ivins City to repair leaks in the system and then the irrigation company compensates the City for time and parts.  The City has been receiving calls for other types of repairs so it is necessary to amend the agreement.  The Ivins Irrigation Company has approved the agreement.

MOTION: Council Member Densley moved to approve a First Amended Independent Contractor Agreement between the Ivins Irrigation Company System Operation & Repairs
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

C. Discuss and consider approval of a Trail and Utility Easement Agreement for trail connection to the Veterans home
Trail and Utility Easement Agreement for trail to VA home
Chuck Gillette indicated that this agreement is similar to the agreement that was approved by the City Council for the property when Center Street was widened and the trail extended.  The easement is required for the trail connection between Center Street and the Veterans Home on 200 East.  

MOTION: Council Member Mendenhall moved to approve a Trail and Utility Easement Agreement for trail connection to the Veterans home
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

D. Discuss and consider adopting the Tentative Budgets to complete Fiscal Year Ending (FYE) 2015 and for Fiscal Year Ending (FYE) 2016 and set the Public Hearing
Wally Ritchie stated that over the previous two (2) meetings the City Council has received budget information.  He has worked with the City Manager and Department Heads and they have put together a balanced budget.  He asked the Council to tentatively adopt the tentative budget per Utah State Statute and set the Public Hearing for May 21, 2015.  If there are any additions to the budget, something would need to be removed to offset the change.  Council Member Roberts inquired about the budget for Heritage Days. Wally Ritchie clarified that budgets were combined into one amount and the budget for Heritage Days wasn't reduced at all.

MOTION: Council Member Mendenhall moved to approve tentatively approve the Tentative Budgets to complete Fiscal Year Ending (FYE) 2015 and for Fiscal Year Ending (FYE) 2016 and set the Public Hearing for May 21, 2015
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

E. Discuss and consider approval of an expenditure not to exceed $75,000 to haul and place sand at the Ivins Reservoir recreation swim area
Ivins Reservoir expenditure
Chuck Gillette indicated that the Washington County Water Conservancy District started constructing the causeway dam to separate the recreation bay section from the main reservoir.  The District is also building a non-potable water supply line to the bay that will provide a supply of Gunlock water to keep the water fresh. Staff has looked at various sources of sand and found that using a red native blow sand will be far more economical than importing any other sands.  Staff has solicited informal bids from three contractors to import sand from the Shivwits Indian Reservation pit and deliver the material to Ivins Reservoir and back haul the excavated material back to the reservation pit.  There would be 12" of sand in areas that are submerged and 24" of sand in areas that are not submerged.  Council Member Densley inquired as to when the restrooms and shaded picnic area would go in.  Chuck Gillette stated that the District will be bringing new restrooms. Wally Ritchie clarified that the improvements for the picnic area are in the next year's budget.

MOTION: Council Member Densley moved to approve the expenditure of $75,000 to haul in and place sand at the Ivins Reservoir recreation swim area
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

F. Discuss and consider approval of an amended Job Description for Director of Finance
Director of Finance
Dale Coulam stated that he has delegated the supervision of the Administrative Services staff to Wally and this amends his job description to reflect that.  Once this is approved, he will bring forward some of the Administrative job descriptions that need to be updated to reflect this new supervision.  Council Member Densley inquired if Dale was still going to be over Human Resources and Dale indicated he would.

MOTION: Council Member McDonald moved to approve an amended Job Description for the Director of Finance
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


6) CONSENT AGENDA
A. Approve UDOT’s Federal Aid Agreement Supplement Modification #2 for Old Highway 91 Improvement project and approval of expenditure for City matching funds
UDOT Federal Aid Agreement supplement 2
B. Approve a Proclamation for "National Public Works Week"
Public Works Week Proclamation
C. Approval of City Council Meeting Minutes for April 16, 2015

MOTION: Council Member Mendenhall moved to approve the Consent Agenda as presented
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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell - no report
Council Member McDonald referred to the recycling program that is being discussed through the Washington County Solid Waste District.  He serves on the contract board and reported that he is not happy with the numbers that are being given to the cities that are proposing mandatory recycling so he is still working on that.  The other issue is the company that would be contracted to pick up the recycling cans is proposing not picking up on the same day as trash pickup.  That was a requirement in the RFP (Request for Proposal) and the board doesn't agree with that.  The recycling cans need to be picked up on the same day as trash pickup.  He reported that company who was not awarded the contract, Republic Services, has offered to purchase Dixie Waste, which is the company that was awarded the contract.  Mayor Hart indicated there was a presentation on this given to the Mayors and it appears that the City of St. George and Hurricane City do not want mandatory recycling.  Council Member McDonald stated that if it's mandatory, there are no logistical issues for the billing process.  Other cities that are allowing opt out options will have to include a fee on top  of the recycling fee to cover the cost of staffing to deal with the billing process.  Mayor Hart indicated it's sensible that Ivins City made the decision to make recycling mandatory because it will cost the residents less in the long term.  Council Member Roberts inquired how they account for fairness to those who have second homes and don't use the service.  Council Member McDonald stated it's like the trash service. Whether you use it or not, you still get billed and pay for it.  Mayor Hart indicated that his point would be if you can afford to have a second home, paying $3.00 a month is a gallon of gas.  As soon the City gets into an opt out situation, the residents will be paying a fee anyway because of the City's obligation to account for it. Council Member McDonald stated it's all going to be how Ivins presents it to the community.  If it can be presented that there's a change and it's a good way to take care of the area that they live in and to help the landfill last longer, he doesn't see it as being a big controversy.   He's still fighting to get a better rate for mandatory recycling.  Currently Ivins, Santa Clara and Springdale have chosen the mandatory recycling program.  Council Member Densley inquired why no presentations have been made to the City Council's. Council Member McDonald clarified that the contract has to be approved first and the whole process is a long one.  Council Member Roberts indicated that even with recycling, at some point the landfill will be full. He inquired if there's a plan for the future.  Council Member McDonald stated they do not have a specific location but there is money set aside for the future and to maintain the landfill after it's closed.  They're required to maintain it for 50 years after closure.
Council Member Mendenhall - no report but indicated that she has been a customer of Blue Sky Recycling from the beginning and she recently received a letter from them stating they're going out of business because of this situation and will be focusing on Kanab.
Council Member Roberts - no report
Council Member Densley - no report
B. Mayor
Mayor Hart reported that there is discussion underway to change the configuration of the County Economic Development Council.  There are going to be personnel changes and the proposal is that every City that is a member of the Economic Council will have a City representative on the Council.  There is a major discussion and effort underway concerning the Transportation Tax regarding when or if it should be presented on the ballot for approval this year or next and reasons for both.  So far the Mayors are all in favor of putting it on the ballot this year so the education process is going to be condensed to accomplish that.  As part of that tax, Ivins City would be entitled to some of the public transportation funding because of the City has SunTran.

C. City Manager/Attorney Dale Coulam
Dale Coulam provided a written report to the Mayor and City Council via email, updating them on SAA liens vs. Property Tax liens, RAP Tax issues, Snow Canyon Parkway light poles/banners, property north of Lightfoots, 200 East improvements and an entrance sign/feature on Highway 91.
D. Items to be placed on future agendas

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 7:05 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder