City Council

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
MINUTES
October 15, 2015

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: Building and Zoning Administrator Kevin Rudd, Director of Finance Wally Ritchie, Assistant Public Works Director of Administration Tom Jorgensen, and City Manager/Attorney Dale Coulam .
EXCUSED: None.

Audience: Judith Kapuscinski, Claudette Larsen, Matt Marten, Jenny Johnson, Ronald Buckley, Jeff Fisher, Norman Anderson, Lance Anderson, Delores Osborn and others who did not sign in.

Council Member Elwell led the Flag Salute

Council Member Elwell gave the Invocation

Council Member Roberts referred to agenda item 5)E and stated he had the same conflicts as indicated at the Special City Council meeting held on October 6, 2015, as it related to grazing and ATV use. Mayor Hart referred to agenda item 5)A and disclosed a conflict indicating that he has been asked to be an Honorary Co-Chair in the Kayenta Arts Foundation fundraising effort to complete the Kayenta Arts Center. Council Member Mendenhall referred to the Kayenta Arts Foundation and disclosed that Mayor Hart appointed her as the liaison on the committee. There were no other disclosures or conflicts of interest with items on this meeting's agenda.

Dale Coulam stated that Chuck Gillette was excused but that electronic written reports were previously provided. A copy of those reports are available on Ivins website or by request through Ivins City Hall.

Kevin Rudd provided a zoning and nuisance report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He reported that the City has issued 66 single family building permits so far this calendar year. He spoke with one of the developers regarding the Sentierre project and it's their intent to break ground and start placing underground utilities in the next 60 days.

Wally Ritchie clarified that there have been 21 single family building permits issued in the first quarter of the fiscal year, which is for the months of July, August and September. The City has budgeted for 86 for the whole fiscal budget year so the City is close to being on projection for those permits. He provided a monthly budget report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. He reported that the Auditors have completed their field work and they are happy with how things have gone. They may have follow-up questions and intend to provide their audit report in the next month or two.

Wally Ritchie reported that the first quarter ended September 30, 2015. He provided a PowerPoint presentation to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He reported that consumer confidence is up, the housing market is improving, inflation has gone down and job reports are good in the State of Utah. Unemployment in the State of Utah is 4.1% which is considered full employment. Gross taxable sales are up over 6% over a year ago and all economic trends are good. General Fund expenditures are under 25% through the first quarter. This is expected because Ivins City doesn't receive taxes until December and January and then at the first of the year revenues, the reports will show more revenue than expenses. He is comfortable with where the City is currently at and indicated that the Department Heads are doing a good job watching their expenditures.

Assistant Public Works Director of Administration Tom Jorgensen provided a PowerPoint presentation to the Mayor and City Council. A copy of the presentation is available by request through Ivins City Hall. He reported that Ivins is in the process of updating the Storm Water Master Plan. In 2014 there was an increase in storm frequency and flows that prompted the City to prepare the Storm Water Master Plan. The Plan needs to be completed before the Impact Fee Facilities Plan and Impact Fee Analysis can be completed. The goal of the Plan is to establish appropriate rainfall depths, prepare a hydraulic model, determine deficiencies and recommend system improvements. Projects have been given a Priority 1 or Priority 2 class. Priority 1 projects are planned to be built within the next 10 years and included in the Impact Fee Facilities Plan; Priority 2 projects are planned to be built after the year 2025. Council Member Densley referred to the wash in the Anasazi area and suggested that the engineers seriously look at that area to make sure the wash can handle the storms. Dale Coulam clarified that determining project priorities are time sensitive and requested that the City Council give direction on which projects should be a priority. The Mayor and City Council determined to discuss this further on the next City Council agenda.

Chairperson Loris reported that the Planning Commission held two (2) Public Hearings. One regarding implementation of the proposed Arts Master Plan and one regarding a Preliminary Plan for the Silver Sage subdivision. The Planning Commission recommended that both of those proceed to the City Council for Public Hearings. The Planning Commission also approved Final Plats for Cantera Cliffs and Posovi Phase II-F. They continued to discuss the Zoning Ordinance text and are looking at ways to streamline some of the approval processes.

Mayor Hart indicated there was one citizen comment submitted by Fletcher Shives. He stated that if Mr. Shives' comment has to do with the agenda item on tonight's agenda, the Mayor will not allow the comment because that item is not a Public Hearing and there are people present representing different points of view who would not have the opportunity to speak. If his comment was to specifically request a future agenda item that is not the same that is going to be discussed this evening, he would allow Mr. Shives to proceed. Fletcher Shives indicated he was told that he could not speak during the discussion and potential action items and wanted the Mayor and City Council to know that three (3) of the co-signers of the letter are present and if the Mayor and City Council have questions during the discussion, they would be happy to answer them. Mayor Hart stated that when the Council discusses that item, he would like one (1) representative from each point of view on this to be available to the Mayor and City Council to answer questions. Dale Coulam clarified that when the Council gets to that point, he would be agreeable to that as long as there is a representative from the other side present. Both sides have provided correspondence to the Council but as phone calls have come into the City, they have been told this is not a Public Hearing and they may have not come to this meeting because of that. If there's nobody to voice the other side adequately, it wouldn't be fair to have one side speak and the other side be silent. Mayor Hart indicated he saw a couple of people in the audience for the other side and after asking Matt Marten if he would be the representative, Mr. Marten stated he would.

4)	PUBLIC HEARING AND ACTION ITEMS

Dale Coulam stated at the time an agreement was reached with Tuacahn for some RAP tax distribution, it was discussed that it would be possible for Kayenta Arts Foundation (KAF) to do a similar thing, although recognizing funds are limited this year because we are only collecting a half years revenue. KAF submitted an application for distribution by agreement for a 10 year period to receive funds from the RAP tax. For this partial year, projections are slightly higher than originally projected but even then it would only leave $3,000 to go towards either the center piece at the round-a-bout or to KAF. If more than $3,000 KAF will have to defer the agreement until next year or decide for years 2-10 and something for year 1 that cannot exceed $3 thousand. This should be a straight forward application. Historically, Ivins donated $1,000 per year to KAF for their events. Council Member Roberts inquired about figures for years 2-10 available for art per year is what? Dale Coulam responded that the projections for the arts portion would be $26,500 and the City does plan to apply for funds for an entrance feature at Highway 91 coming out of Santa Clara to Ivins. Council Member Roberts inquired about what the obligation will be for the center piece? Dale Coulam stated approximately $50,000 and there will be overages but the City won't know that until the end of winter or early spring. Judith Kapuschinski stated she is chair to Kayenta Arts Foundation. There are two major festivals: Art in Kayenta and the Street Painting Festival but they also put on other events. In the application they are asking for $10,000 annually for 10 years to be used for any of those items and will not be used for operations or other performances. Mayor Hart stated a lot of communities are dealing with distributing RAP tax funds, but in KAF represents a body of artists, vendors and community and different than a single application. Judith Kapuschinski stated that KAF and the Art Village are different. Council Member Densley inquired when to expect building to be completed, how are funds coming in and are they on or off budget? Judith Kapuschinski stated they are on budget. The building will be closed in by end of calendar year and they hope by end of next year open and operational. They have done fundraising and raised $550 thousand and also engaged a fundraising firm in Salt Lake City with a goal of raising $1.6 million with hopes to make that goal and that amount will finish and equip the building and provide some funds for operations. Council Member Roberts stated he was concerned with this years budget and obligating it without specific application for each year or each item. Council Member McDonald also stated he was concerned because of the amount of funds this year and confused about A & B on the agenda for the Arts Master Plan and funding for that. If obligating another $10,000 leaves a small amount available for others and the city. He realizes Tuacahn has been granted their $10,000 but have been operating and functioning for many years and thinks distributions to KAF should be year to year until they are off the ground. Judith Kapuschinski replied that they were operating in the black each year and she didn't come in here because the City gave Tuacahn money but because the City passed a resolution and is an avenue for them to take advantage of. They are not going for a bond and there is a clause in the agreement that they could get out of the agreement. Council Member Mendenhall stated that the application was impressive and she appreciated the details and inquired the difference between KAF providing not for profit status and 501(c)(3) which are not the same thing. Judith Kapuschinski replied that KAF is incorporated as a non profit in the state of Utah, and are also tax exempt. Council Member Mendenhall stated that she thinks that KAF and Tuacahn compliment each other. Tuacahn specific and KAF is a broad spectrum, both supporting the arts. Councilmember Mendenhall would like to see KAF supported. Dale Coulam stated funding is by agreement so if funded for less than what was requested, does not prevent KAF from coming back in future years on an annual basis to request additional funding. Mayor Hart replied that the pending Arts Master Plan references public art of various kinds and some would be the City's responsibility so important point that doesn't preclude requesting additional funding. Judith Kapuschinski stated that the agreement helps because they will know what would be coming in for a multi-year period and looks well on fundraising similar to the commitment helping Tuacahn for bonding. Council Member Roberts commented the City may want features for the City's art projects and inquired if KAF could go forward with $5,000 per year with years 2-10 and come back each year. Judith Kapuschinski would need to check with the board. Council Member Elwell stated he's looking at a difference in scale and inquired if it is possible to identify a certain percentage reserved specifically for the City and use specific portions for the art around the City to enhance it. Judith Kapuschinski stated she sat on the Arts Master Plan committee and said there are possibilities for grants for public art throughout the City for the City to use. Council Member Densley commented that he too is concerned about commitment and money. Judith Kapuschinski stated concerns are real and as the chair without board authority she can't make any changes to the application and wishes the council to approve the $10,000. Council Member McDonald commented the building is not excluded from the application. Judith Kapuschinski stated they have provided everything necessary the City Council requires and the funding by agreement is meant for several years not year by year. Matt Martin stated Art in Kayenta Festival does bring in tax revenue and both festivals help the businesses within the village and they increase their sales by bringing in more traffic and introducing the region to the Art Village supporting the growth of the KAF festivals and facility looks at increasing tax money. Council Member McDonald stated he would be more comfortable with the City committing to funding if the building was finished. No problem committing funds to street festival and that should continue but committing $10,000 without an unfinished facility could be foolish on the City's part. Dale Coulam suggested an agreement for $3,000 this year and revisit that dollar amount in November next year prior to applications for annual requests. That way we could see how RAP tax has done and hear a status report of KAF and see if we want to increase the commitment. Mayor Hart stated the discussion about Tuacahn came about because of semi desperate situation. They had committed funding they would lose at a certain time, series of capital projects could only be built in a fixed period of time and if following Dale's suggestion and take prime fundraising period thinks that's a disadvantage for what they're trying to do to complete the building. Council Member Mendenhall stated KAF has things in place that most organizations don't have in place and already have their reserve fund established. She thinks the track record is clear and only going to continue to grow. Council Member Elwell is not opposed to that either but wants specific recommendations or offerings as to what are some figures Councilmember Mendenhall is looking at this stage of the game because they still don't know for sure how things will play out with the RAP tax; Mayor Hart anticipated growth in the county suggested the fund will increase based on population. Council Member Mendenhall voiced that same concern as far as numbers and suggested Judith take it back to their board for a minimum value to be expected. Council Member McDonald mentioned scale earlier, what KAF and Tuacahn brings in. Tuacahn brings in around 22 thousand patrons a month and putting that into scale could potentially come up with an amount of money but likes Dale's idea and revisiting this in a year to consider an amount more than the initial $3,000. Council Member Roberts recalled first discussions with RAP Tax, agreed with Dale Coulam to commit the $3,000 and then revisit in November 2016 for years 2-10. Judith Kapuschinski said it seemed like the issue was committing $10,000 per year for 10 years but if the City Council could approve this application and future years be not less than $3,000 and no more than $10,000. This still leaves the option of coming back for more and the board would accept that. Mayor Hart inquired if it's to their advantage to have a commitment beyond this annual commitment and if so, rather than approve $3,000 every year. Judith Kapuschinski stated it would benefit them to not have to write an application every year and would help with fundraising efforts. Council Member Densley likes Dale Coulam's suggestion and review in November next year. Judith Kapuschinski stated as RAP funds allow and would say City is behind them for 10 years but the dollar amount may vary. Dale Coulam commented that her proposal is a restatement of his suggestion. Council Member McDonald inquired if Judith can approve what's being offered. Judith Kapuschinski stated yes. Council Member Densley also inquired if they can approve tonight? Dale Coulam stated yes, the Council would be instructing him to draft a contract for $3,000 in year 1 and for years 2 - 10 a minimum of $3,000 up to maximum of $10,000.

MOTION: Council Member Mendenhall moved to approve A. Discuss and consider the Kayenta Arts Foundation's application for distribution of RAP tax funds by agreement
SECOND: Council Member Elwell

VOTE: The motion carried unanimously.

Mayor Hart clarified that the City Council cannot act on adopting the Arts Master Plan because the Public Hearing was just held at the Planning Commission on Tuesday, October 13, 2015 and will be on the City Council agenda as a Public Hearing at the first meeting in November. Council Member Mendenhall may not be in attendance at that meeting and requested her input. Council Member Mendenhall indicated that Mike Scott and Judith Kapuscinski were Chair and Co-Chair of the committee regarding this and that committee was instructed to put together some type of arts master plan. There are some advantages to having qualified people on the commission who do not reside in Ivins because of their experience and expertise in the Arts and that should be considered. Council Member Roberts referred to potential committee members that reside outside of Ivins and inquired if they would have interests solely in the arts. Council Member Mendenhall pointed out this is something to discuss because in this instance--since this is not a zoning or land use issue--having members from outside Ivins could be beneficial, as the arts community extends county-wide and beyond. Mayor Hart agreed that the interconnection of the arts community could be valuable to the commission. Council Member Roberts referred to slide 6 where there is both visual and performing arts, and inquired what protects the City from obscene or explicit art. Dale Coulam stated it is important to remember that this commission is a recommending body only so ultimately it is up to the Council to define specifications and the commission membership. Council Member Mendenhall explained having this body perform as a commission rather than a committee would give the commission and the City the power to stand up to potential challenges. The ultimate power would lie with the Council. Jeff Fisher with Tuacahn suggested that Ivins City have an advisory group only and picking the right people in a variety of arts expertise is the key to the commission.

Wally Ritchie described the financial agreement for a Building Department vehicle that was approved for purchase at a previous City Council meeting. It is a standard agreement with Zions Bank consisting of two (2) payments per year at a 1.8 percent interest rate, and it is in the budget.

MOTION: Council Member Densley moved to approve Resolution No. 2015-25R, 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.

Roll call vote. All Council Members voted in favor.

Mayor Hart acknowledged receiving a number of emails and a signed petition regarding wayfinding signs in the Kayenta area. Dale Coulam identified the two signs in question: one on Taviawk Drive that directs traffic through Paiute Drive as a more direct route to the Kayenta Art Village, and the other at the Kayenta Art Village directing traffic back to Taviawk through Paiute. The petition lists five (5) homeowners that request the two wayfinding signs be eliminated because Paiute is a private street. The opposing side points out that by directing traffic the longer route would also be on private streets. The wayfinding signs give people alternatives. The City is moving forward with acquiring right of way for 600 West and Kwavasa which will be a more direct route to the Art Village. Once that happens, it is expected that route will be used more than either of the two current routes. As a matter of history, in 2011, a map was presented with potential locations for wayfinding signs directing traffic to the Kayenta Art Village. Temporary wayfinding signs were installed, and in 2013 staff came back and asked the Council if they liked the wayfinding signs that were installed on a temporary basis and if they should be installed permanently. The Council said yes. The question is when the Council instructed staff to install signs permanently, was that an approval of the signs at locations they had been temporarily installed. Mayor Hart acknowledged there are two ways to get to the Village and they are both identified on the sign, and removing one of the signs is the request. Fletcher Shives responded there are actually 3 ways to the Village; there is an additional sign via Highway 91 and up Kayenta Parkway. With regard to the 2013 meeting with the signs that were temporarily installed, the Council was never made aware that there were additional signs added. Those signs were never mentioned in the 2011 and 2013 meeting. Mayor Hart inquired about the traffic volume, and what was the problem with that because Mr. Shives lives on a private street with public access. Fletcher Shives responded the problems are an increase in traffic, the City will not enforce the speed limit, and there is no posted speed limit sign on the private street despite requests to the City and the HOA. Lots were purchased and homes built on the premise of being on a private street, when in fact it is not used as a private street. Maintenance is paid for by residents; the City contributes nothing to the maintenance of the street. Fletcher agrees there can be public use of the street, but there is a difference with allowing public access and directing public access. Mayor Hart noted Mr. Shives was invited to answer questions only, this was not a public hearing, and the room was full of citizens who were told not to comment. People can drive anywhere in Kayenta. Matt Marten added there are two groups who drive in Kayenta: those who know the routes and those who don't. The Tourism Council requested the signs because of a need by businesses to help people get where they want to go instead of wandering aimlessly. It is very easy to get lost without directional signs. Mayor Hart stated removing one of the signs would direct all visitor traffic on one particular route. He drove both routes and Paiute was a little quicker. Mr. Shives raised a point there was a map of the signs that was approved, then a couple of signs were added. He invited Dale's legal opinion. Dale Coulam said the question was asked if the temporary signs should be made permanent. At that point, the two signs in question existed. The 2011 map no longer mattered. The approval was for the signs as they had been installed. As far as law enforcement, private streets that have public access are considered quasi public streets and there is a process to obtain law enforcement. The process was conveyed to the Taviawk Homeowners Association. The HOA has to have a vote to allow law enforcement to enforce the legal speeds defined by statute which is 25 mph and not the private speed limits that might be posted by the HOA. The City has not received HOA approval on law enforcement yet, but when we do, it will be at the 25 mph speed limit. Council Member Roberts inquired how many more years until the Kwavasa project is completed? Dale Coulam added that when the right of way is obtained--probably within the next 2 years--considerations would include financing options and the type of road to install as quickly as possible. The road would be the primary access which would take the majority of the traffic, but until then the wayfinding signs are needed to avoid people getting lost. If one route is closed, all of the traffic is forced to another set of homeowners who live on a private road as well, or both signs are left to divide the traffic. Staff doesn't have a preference. Council Member Elwell stated he was not in favor of removing any sign that gives an opportunity to respond more efficiently and faster and was not in favor of removing the sign at this stage. Council Member Mendenhall recalled the Council discussed signs in all aspects, including aesthetics in her mind. They work well and look good, so when saying yes, yes referred to everything. Council Member Roberts asked Mr. Shives that if the HOA came to an agreement that would allow City law enforcement, would that satisfy the homeowners' concerns? Fletcher Shives responded it would help and stated that he felt that the City may be liable if a pedestrian or bicyclist was hurt by a speeding vehicle. Dale Coulam stated that per his legal opinion, he disagreed with Mr. Shives' comment. Additionally, he clarified that in 2011 there was a map shown because no signs were in place. In 2013, there was no new map given because signs were already in place. He further added that Mr. Shives has gone beyond the scope of questions and answers and is becoming a public meeting and to which he objects. Council Member Mendenhall indicated that she lives in Kayenta at the intersection of Wintook and Evening Star. Mitigation measures have been put in place to address speeding and she is subject to the same amount or more traffic and likes what Council Member Roberts said about the HOA working with the City and law enforcement. She felt that the wayfinding signs were useful, especially when security concerns are addressed as Council Member Elwell suggested.
Council Member McDonald referred to Council Member Elwell's safety concerns and remembers approving the signs from temporary to permanent. Council Member Roberts remains in agreement with Council members on keeping the wayfinding signs, and recommends the HOA pursue the law enforcement avenue. Council Member Densley stated that as soon as 600 West is complete, this problem will be taken care of. There should be a cooperation between the homeowners and developer to have the road chip sealed as quickly as possible. The HOA should move forward with law enforcement to appease the situation in the meantime. The Mayor and City Council agreed that the two wayfinding signs will remain in place.
Council Member Mendenhall requested that someone provide this information to Mr. Shives since he left the meeting prior to the completion of this discussion.

MOTION: Council Member Densley moved to leave the signs where they are, that Public Safety meet with the Home Owners Association and the City explore the option of expediting the 600 West development
SECOND: Council Member Elwell

VOTE: The motion carried unanimously.

Mayor Hart indicated that the extension to submit objections is now formal and inquired if there were any substantive changes to the objections that the City Council discussed previously and that are contained in the revised letter that the Council has before them. A copy of the objections are available by request through Ivins City Hall. Council Member Roberts didn't have a problem with additional language provided by Mayor Hart. Council Member Elwell stated he only had one concern regarding recreation areas access by motorized wheelchairs or three wheel scooters. He suggested that it should indicate motorized conveyance or motorized vehicle. Council Member Mendenhall was not in the majority of how the other Council Members stand on this issue and did not want her name attached to the letter being sent to the BLM. Dale Coulam inquired how they would like the letter signed. Council Member Densley indicated it should be signed by the Mayor and City Council. Mayor Hart suggested that the letter note Council Member Mendenhall's objection and that she will file a statement of her own.

MOTION: Council Member Roberts moved to adopt the objections to the BLM draft Resource Management Plan, as amended
SECOND: Council Member McDonald

VOTE: The motion carried.

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

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Elwell - no report
Council Member McDonald - no report
Council Member Mendenhall - no report
Council Member Roberts reminded the Mayor and City Council that there will be a Meet the Candidates night sponsored by American Legion Post 711 will be on October 27, 2015 at 7:00 p.m. at the Southern Utah Veteran's Home and all five (5) candidates have agreed to be there.
Council Member Densley reported that going up Snow Canyon, the speed bumps have been removed and one nice speed bump has been put in place instead. The Snow Canyon Joint Management Committee is discussing the possibility for a learning center and obtaining bids for widening the road. Washington County residents can purchase an annual pass to Snow Canyon State Park for $30 pass and the other fees will remain as they are currently.

Mayor Hart reported that he spent a tremendous day in Parker, Colorado on Friday, October 9th and met with the owner of Rocky Vista University and some board members who are so encouraged about the Ivins site. They feel fortunate that they have ended up in Ivins and are moving forward on their plans. He stated he also met with Parker's City Staff and they fought hard to get the university to come to their community. He referred to Ed Hlavka regarding the center piece and indicated that he is cutting the remaining core pieces apart and the last pieces are going up to the foundry this week.

Dale Coulam referred to Rocky Vista University's timeline and reported that assuming their studies are completed and back in a timely fashion, they will be filing for a conditional use permit and that application should be received by the first week of November. That means it would be heard by the Planning Commission on November 17, 2015. They are also considering and planning on later filing an application for a Mixed Use Overlay and plan for the project to provide additional flexibility as the project develops and expands. They have an accreditation hearing in Chicago in December, with official notification by January. After that, they intend to break ground in February, 2016 if all goes well. Their development team has been very cooperative to work with. He referred to the Fitness Ridge Resort wayfinding sign and indicated that Biggest Loser claimed ownership rights to that name also. The name of that facility is now Movara Fitness Resort and they have requested that the name on the wayfinding sign be changed to their new name. The Mayor and City Council agreed and directed staff to move forward and change the sign.

9)	CLOSED MEETING

10)

ADJOURNMENT

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

VOTE: The motion carried unanimously.

The meeting adjourned at 8:51 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder

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