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
August 6, 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, Wally Ritchie, Director of Finance, Parks and Recreation Director Benny Sorensen, and Public Safety Director Bob Flowers.
EXCUSED:  None.
A. Acknowledgement of Quorum
Mayor Hart acknowledged there was a Quorum present
B. Flag Salute
Council Member McDonald led the Flag Salute
C. Invocation
Council Member McDonald gave the Invocation
D. Disclosures
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Mayor Hart requested that the Council suspend the rules to bring item 5)B forward

MOTION: Council Member Elwell moved to suspend the rules and move item 5)B to the forefront
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

5) DISCUSSION AND POTENTIAL ACTION ITEMS
B. Discuss and consider approval of Resolution No. 2015-20R, a Resolution of Ivins City, Utah, honoring a recipient for the 2015 Mayor’s Award for Community Service
Mayor Hart read Resolution No. 2015-20R, recognizing Ivins City Volunteer Firefighters and honoring them as recipients of the Mayor's Award for Community Service.  A copy of the Resolution is available by request through Ivins City Hall.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Parks and Recreation and Public Safety
Parks and Rec Staff Report to Council
Public Safety August 2015 CC Report
Benny Sorensen reported that Movies in the Park began on August 1, 2015. There was one (1) burial in July and there is two (2) more weeks to register for flag football. Council Member Mendenhall referred to the roundabout on Snow Canyon Drive as you enter into Ivins and started, she has seen entire families crawling up the rocks and have told them they shouldn't be doing that. 
Chief Flowers thanked the Mayor and City Council for the recognizing Ivins volunteer firefighters and stated that they do a great job for Ivins. He reported that there has been some significant jobsite construction burglaries and they are addressing that. He encouraged people to take their construction trailers home, especially on the weekends. Several police officers completed their construction trailers home, especially on the weekends, several police officers completed their fire training. Adoptions at the animal shelter are going extremely well. He referred to the roundabout issue that Council Member Mendenhall pointed out and felt that the City is going to have to start issuing citations because the incidents are getting worse. The city may look at signing the roundabouts differently to keep people out. Mayor Hart inquired if cameras would make a difference. Bob Flowers stated they have discussed placing some security cameras there and he would like to see that happen. The Mayor and City Council agreed.
Chairperson Loris reported that the Planning Commission held two (2) Public Hearings regarding a casita and proposed amendments to the Ivins City Zoning ordinance. A Public Hearing on the proposed amendments to the zoning ordinance will proceed to the City Council for a Public Hearing. They also discussed and approved a Final Plat for Taviawk Subdivision Phase XI-K. 
B. Planning Commission Report
Chairperson Loris reported (see agenda and summarize) PH for a casita; PH for short term rental overlay district ordinances and Table of Uses; comments given were opposition to the short term overlay; and approved Final Plat for Taviawk ...

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
None

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing to consider vacating an unused portion of the 600 West right-of-way from approximately 800 North to approximately 760 North and an unused portion of the 800 North right-of-way from approximately 600 West to approximately 630 West.  Those unused portions of right-of-way have been, or will be, replaced with platted streets in Taviawk Phase XI-J
Dale Coulam indicated that the Planning Commission previously approved the Final Plat for this and previously abandoned a large section of 600 West and 800 North.  With this phase, there is an additional portion of 600 West and 800 North that needs to be abandoned.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of Ordinance No. 2015-12, an Ordinance of Ivins City, Utah, vacating portions of 800 North and 600 West Right-of-Way
Ordinance 2015-12 Vacating 800 N 600 W
ROW Abandonment map
Council Member Roberts inquired as to the road that runs east and west of the project.  Lance Anderson clarified that road will eventually connect to Paiute.  Mayor Hart inquired why the road wasn't extended over to the property line and finished off.  Dale Coulam clarified that is done as the developer records the Final Plat per the Development Agreement.  Council Member Densley inquired if the utility companies have agreed to this. Lance Anderson indicated yes and that he has all of their signatures.

MOTION: Council Member Roberts moved to approve Ordinance No. 2015-12, an Ordinance of Ivins City, Utah, vacating portions of 800 North and 600 West Right-of-Way
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

Roll call vote.  All Council Members voted in favor.

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Resolution No. 2015-19R, a Resolution of Ivins City, Utah, appointing a Grand Marshal for the 2015 Heritage Days Parade
Mayor Hart stated that when the City Council appointed the Grand Marshal for 2014, Chris Blake was a suggestion.  He read Resolution No. 2015-19R, appointing Chris Blake as the 2015 Heritage Days Parade Grand Marshal.  A copy of the Resolution is available by request through Ivins City Hall. Council Member Roberts inquired if the parade was going to be turned over to a private entity like the Historical Society to control parade entries. Dale Coulam indicated it would be eventually. Jenny Johnson with the Ivins Historical Society stated they are in the process of obtaining 501(c)(3) non-profit status and expect to have that done by this time next year.  Dale Coulam suggested the City look into how the Days of 47 Parade operates and how they select their Grand Marshal.

MOTION: Council Member Elwell moved to approve Resolution No. 2015-19R, a Resolution of Ivins City, Utah, appointing a Grand Marshal for the 2015 Heritage Days Parade
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.
C. Continued discussion and consideration to approve Ordinance No. 2015-11, an Ordinance of Ivins City, Utah, amending the Text of the Ivins City General Plan and also amending "Figure 5" (Land Use Plan" thereof
Ordinance 2015-11 re Land Use Plan w map
2008-07-10 General Plan Adopted 2008
2008 Map Land Use Plan Figure 1
2008 Map-Storm Water Course Figure 2
2008 Map-Roadways Figure 3
2008 Map-Parks and Trails Figure 4
2008 Map-Expansion Annexation
Revised General Plan as of 7-30-15
Mayor Hart and the City Council Members discussed several changes to the General Plan and agreed to include language provided by Mayor Hart, a copy of which is available by request through Ivins City Hall. They also agreed to the following changes/additions: add page numbers to the document; soften the use of the word "resort destination" and re-evaluate that in the future; change the words "scenic views" to "vistas"; include Red Mountain Elementary as a STEAM school and clarify when it opened; clarify the reference to the Tobler residence doubling as a school; include the correct name for the Movara resort; change the words "religious leader" to "ecclesiastical leader"; add the word "hospitality" to the bullet point under "The Community's Vision for the Future" section add a bullet point with a parenthetical regarding roundabouts so that it reads "Require roundabouts at major intersections (anything requiring traffic controls more than a four-way stop)"; a sentence making referenced to Ivins Reservoir and a recreation center under Goal 9 Recreation; change the reference from Special Improvement District (SID) to Special Assessment Area (SAA); include language from the previous General Plan regarding Kayenta Water; include language regarding water conservation with something that indicates that existing residents would be treated fairly as it relates to water conservation; add the words "for the arts" under Arts and Culture Goal 15 so it reads "Seek public and private funding for the arts."; under "Red Cliffs Desert Reserve", note that Ivins City is the only City in Washington County to sign on as a managing partner; include another category or something similar to encourage the use of low impact, alternate energy source vehicles under the "Air Quality" section, as well as a sentence to the effect that the City would continue to develop renewable energy resources within the City as part of City operation; under "Municipal Campus and Public Square" state "Currently our City Hall, Fire Station and City Park are located on this block as well. Change the word "Roadway" to "Transportation"; and include water conservation strategies and policies referenced previously, add that as a bullet point under "Water" as well.  The Mayor and Dale Coulam will finalize the General Plan with the additional changes.

MOTION: Council Member Roberts moved to continue the discussion on the General Plan until the next City Council meeting
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

D. Discuss and consider a Resolution approving Curbside Residential Recycling Collection Agreement between Washington County Special Service District No. 1 and Dixie Waste Services and authorizing the execution of an Agreement between Washington County Special Service District No. 1 and Ivins City and an Ordinance establishing the Ivins City Curbside Residential Recycling Collection Program, including rules and procedures for implementation and enforcement of said program
Documents re curbside residential recycling collection agreement
Dale Coulam indicated that the documents the Council have for review were provided by Fay Reber who is the Attorney for the Washington County Solid Waste District.  The Council needs to discuss whether they are going to participate and if so, which option are they going to participate in, the opt-out option or the mandatory option.  Once that decision is made, that will determine which version of the ordinance will be brought forward for final action.  Council Member McDonald clarified that approving this agenda item does not finalize the whole thing.  There are still other processes that have to be approved.  The District needs to know if they're going to have 50% of the County participate.  If that participation isn't achieved, the curbside recycling issue is done.  Council Member Densley inquired how the City of St. George is handling the opt-out option.  Neil Schwendiman clarified that the St. George City Council is considering to approve at their meeting tonight, ordinance establishing the opt out rules that includes a one-time 60 day opt out option for existing residents.  Council Member McDonald referred to the anticipated cost to administer the opt out program being .18 cents per home.  Neil Schwendiman clarified that the City of St. George knows it's going to be more than that but have only chosen to add a cost of .18 cents per home. Council Member Elwell stated he had the mindset to vote "no".  He indicated the Council Member McDonald did a great job explaining the future costs to the environment and wallet if they do not address the landfill and recycling issue.  If the City is going to participate, they should go with the mandatory option because it should be least costly to the tax payer over the long haul.  A caveat however, if this is done fairly, and he didn't think this proposal met the fairness test, while he agreed with the need to recycle, the opt out feature and associated cost structure causes sufficient consternation and he didn't feel that the City should move forward with it at this time.  He was concerned that the participation percentages are based on an overall calculation and are not relative to the participation level of individual cities.  He was also concerned with the cost of the administration fee for an opt out program and felt that cities requiring mandatory participation would in essence be subsidizing entities who chose the opt out program.  He felt that with St. George City selecting the opt out feature, that practically guarantees a failure to attain a minimum 50% participation level unless surrounding small cities select the mandatory feature; the offered cost structure would financially punish cities opting for mandatory participation. It's possible that a 70% participation may be achieved before St. George ever reached 50%, yet St. George would benefit by receiving the lower rate.  The additional costs are a penalty to the citizens and will have to be born by the tax payer.  Until St. George gets serious about this environmental problem or the District eliminates the penalty for cities willing to step up and address a difficult stewardship/environmental issue, he did not want to move forward with this.  He also inquired as to what happens when the contract with Dixie Waste expires in five (5) years.  Neil Schwendiman indicated the program will be evaluated and based on that, they'll make a determinations about the program.  The current market is $5.00 per ton to process the material curbside but as the markets climb, the District will be able to offer money back to the City.  The District currently pays $15.94 a ton to bury the material so there is substantial savings to recycle and it prolongs the use of the landfill.  The Washington County Solid Waste District has some of the best rates in the State.  Someone may look at Cedar City and say they're only $10.00 a month but that's for one (1) can to be picked up and landfilled every week.  The Districts $10.65 pays for the binnie program, household hazardous waste program, electronic waste recycling, two (2) cans, bins for City cleanup and bulky waste service.  No one is going to find those type of services anywhere in the State for that price.  He clarified that if Ivins doesn't participate at all, Ivins' numbers could potentially benefit St. George because those numbers aren't calculated in the percentage rate because they're only calculating the percentage rate based on participating cities and he thinks that St. George will be around 60% participation.  He would be surprised if they were under 50%. Dale Coulam inquired if Ivins doesn't enter into the agreement, would the binnie program remain status quo with the money from the program going to Ivins.  Neil Schwendiman stated "yes" and in cities that choose the mandatory program, he would be able to utilize those binnies elsewhere.  Council Member Densley inquired if there is any opportunity for the City to poll the citizens on this issue.  Council Member McDonald clarified there wouldn't be enough time because the District needs to know before October 31, 2015.  Mayor Hart indicated for the record that he believes it was completely inappropriate for Councilman Hughes to have participated in any discussion having to do with contracts.  Had that discussion taken place in a City Council like this (Ivins) there would have been a recusal required there and in a recent newspaper article, others have voiced concern about that.  He didn't know if a recusal would have changed the course of things but that to him was a violation of ethics.  That being said, most of the emails the Mayor has received have been supportive of Ivins choosing the mandatory option.  Some residents are concerned with the additional cost because they live on a fixed income.  Mayor Hart inquired if the City can set up a Good Samaritan Fund, similar to what it did through Five Counties when the SAA (Special Assessment Area) project was done or some type of fund where Ivins could add .02 cents per month to the bill and that money would go into the fund to help those who could not pay.  Dale Coulam stated he did not think that could be done legally because the Good Samaritan Fund was voluntary.  Council Member Roberts indicated that if recycling is going to be required in the future and if Ivins participates now at a lower rate, avoid the administrative fee associated with managing an opt-out program, he would support the mandatory program to keep the rates down.  Council Member Densley liked the idea of setting up a fund to help those who cannot pay the fee he'd support the mandatory program.  Council Member McDonald clarified that it costs more to pick up trash in Ivins than it does in St. George or pick up trash in Enterprise than it does in Ivins, but everyone pays the same rate so subsidizing already occurs with the current solid waste program.  The District board went a direction that he thought was unwise and the board was approached by someone who gave them a story that clouded their judgment.  He views everything he does as trying to run a business and do it effectively, efficiently and with as little cost as possible.  The direction the board went was because they were swayed and talked into it.  From a business standpoint, the best option was to use Republic Waste because they currently handle the trash service and they were doing a pilot program of the recycling program to get it going for the District, at their own expense.  In the end, Council Member McDonald was the only dissenting vote.  The Executive Board was following what the full board had decided on and because of the discussion that happened between the time that it was approved and the time that the board made their recommendation, there was a group running around to every board member, having a discussion with them and saying why they (Dixie) was the best option. The recommendation of the Executive Board was to go with Republic Waste and when the board made that recommendation, there was an angry group and at the next meeting, the board feared making a decision because of what occurred at the previous meeting when they made their recommendation for Republic Waste. Dixie Waste has constantly been concerned with their growing pains and Council Member McDonald told them over and over that was their problem and not the District's.  Neil Schwendiman referred to the Council Members' concern regarding residents who may have financial constraints and stated that there was a hardship clause in the proposed ordinance to address those who cannot pay.  Mayor Hart inquired of Wally Ritchie had a feel for what administrative costs would be associated with an opt out program.  Wally Ritchie stated the number he heard for St. George was approximately .24 to .25 cents per household as their true cost but Ivins hasn't examined the costs because the scenarios are different due to population and the number of households.  If the program is mandatory, Ivins would not have to hire staff to keep track of who is in the program and who is not.  Dale Coulam clarified that Ivins would need to hire a part-time person.  Regarding formally adopting an agreement or ordinance, it would be his recommendation that they not do that tonight. This is the first formal discussion the Council has had about the specifics and had a representative present to answer questions.  It would behoove the Council to take the time to study this but it would be helpful for the Council to provide a preliminary indication as to whether the Council is leaning towards a mandatory program or an opt out program so that he can format the appropriate ordinance.  It would be premature to adopt the ordinance tonight and suggested this be on the next City Council agenda.  Council Member McDonald fought hard to get costs down as low as he could and having studied this issue and seeing the benefits, he felt it was the City Council's job to look beyond and what is in the best interest of each and every resident is to participate, although he knows that's not realistic.  To be good stewards of the land that we have and this area and for the long term savings, he recommended to the City Council that they participate in a mandatory program. He also agreed with a voluntary hardship program as well as a hardship clause.  Council Member Elwell clarified that he was not on the fence between the opt out or the mandatory program.  If Ivins participates, it should be with the mandatory program and if that's the best in the overall interest, he agreed with participating.  He also liked the voluntary hardship program.  Council Member Mendenhall thought the City should participate in the mandatory program.  Council Member Roberts indicated participating in a mandatory program was the smartest thing to do at this point.  Council Member Densley agreed to participate in a mandatory program that has a hardship option.  Dale Coulam stated that he quickly reviewed the documents and did not see the hardship clause in the contract or in the ordinance for the mandatory program.  It is only contained in the ordinance for the opt out program.  Neil Schwendiman indicated that favors including that in the ordinance for the mandatory program. The Mayor and City Council agreed to participate in a mandatory program with a hardship provision and the use of something like the Five County Association of Governments hardship thresholds.  Neil Schwendiman indicated that the Solid Waste District has created a tool kit to help cities kick this off and they will be meeting with City staff to show them the information that contains mailers and similar.  More information is available at bluecan.org.

6) CONSENT AGENDA
Council Member Roberts requested that item 6)E be removed for discussion
A. Approval of a $9,945.00 expenditure for Red Rock Park drainage modification change order
Redrock Park Drainage Change Order
B. Approval of a $6,928 expenditure for Rain Bird ESPLXD outdoor irrigation controller system and parts needed
Irrigation Controller System
C. Approval of a $7,768.20 expenditure for a 5 year lease renewal for postage meter
Pitney Bowes Lease Renewal
D. Approval of City Council Meeting Minutes for July 16, 2015

MOTION: Council Member McDonald moved to approve the Consent Agenda with the exception of item 6)E
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

E. Approval of expenditure for additional grading at Ivins Reservoir
Grading for Ivins Reservoir
Mayor Hart indicated that the beach is in place but the area to the east of where the lagoon is is an elevated bench away from the water that needed to be cut down and sloped up to the road.  The additional expenditure will terrace the slope for picnic and play areas.  Wally Ritchie clarified that the expenditure is budgeted for and he has spoken with the City Engineer/Public Works Director and terracing the slope is something that needs to be done before the project can proceed.  Council Member Roberts inquired if this could have been engineered for and forseen in the beginning.  Wally Ritchie stated that when the City Engineer/Public Works Director first went out there, he could see that the area was steep but was cautious on seeing how the project progressed and when the project started, the material exchange with the Shivwits Band was time sensitive.

MOTION: Council Member Densley moved to approve item E on 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 Elwell reported that the second annual Walk, Run and Roll will be held at the Southern Utah Veterans Home honoring Veteran's Day, on Saturday November 27, 2015 at 9:30 a.m.
Council Member McDonald - no report
Council Member Mendenhall reported that the Arts Master Plan steering committee is reaching the end of its function and Mike Scott is drafting an Ordinance to provide to Dale for review.
Council Member Roberts - no report
Council Member Densley - no report
B. Mayor
Mayor Hart reported that he attended a Council of Governments and Mayors meeting on Tuesday, August 4, 2015.  They discussed preservation of right-of-way and road projects at the Council of Governments.  They discussed the RAP (Recreation Arts and Parks) tax at the Mayors meeting.
C. City Manager/Attorney Dale Coulam
Dale Coulam reported that he attended a Rocky Mountain Power meeting in Cedar City.  They used the information from Mayor Hart regarding solar power when implementing their program.  There will be Public Hearings on the next City Council agenda regarding short term rental zoning changes and subdivision changes.  There will also be an agenda item regarding a proposal to change authority amounts for approving purchase orders by Department Heads and the City Manager.  Currently Department Heads can approve up to $1,000 and the City Manager can approve up to $5,000.  He looked into what other cities are doing and the approval amounts that Ivins currently has is only common in small towns.  Mayor Hart referred to a project at Red Rock Park where the contractor had to pull off the job to wait for approval.
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 8:55 p.m.

Respectfully,

Kari D. Jimenez, MMC 
Ivins City Recorder