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
April 21, 2016

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 Mehr, Council Member McDonald, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, Public Works Director/Engineer Chuck Gillette, and Director of Finance Wally Ritchie.
EXCUSED:   Council Member Johnson
Audience: Bill & Brenda Davidson, Gwen Harrington, Vilma Johnson, R.D. Beck, MinDee Romberger, Easten Romberger, Todd Olsen, Roger & Bonnie Head, Michael & Sharon Barton, Becky & Chuck Warren, Lisa & Allyson Svedin, Lance Anderson, Aron Baker and others who did not sign in.
A. Acknowledgement of Quorum
Mayor Hart acknowledged there was a Quorum present and indicated that Council Member Johnson was excused.
B. Flag Salute
Council Member Roberts led the Flag Salute
C. Invocation
Council Member Roberts gave the Invocation
Mayor Hart recognized that there were Boy Scouts present.
D. Disclosures
Council Member Densley disclosed that he owns property adjacent to the property identified in agenda item 5)A.  There were no other disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Updated presentation regarding the Kayenta Desert Arboretum - Roger Head
Roger Head reported back to the City Council regarding confirmation from the State of Utah contributing money to the project as well as additional information regarding the project.  The City Recorder will provide this information to the Mayor and City Council and this will be placed on a future agenda as a potential action item.
Map
Estimate
Kiosk
Quote
Mayor and Council
Amazon
Email
Roland Stone
Mayor Hart introduced Allyson Svedin who is the current Ivins City Princess.  She invited the Mayor and City Council to attend the Ivins Princess Pageant that will be held on Saturday, May 7, 2016 at 5:00 p.m. at Snow Canyon High School.
B. Department Reports: Building Department; Public Works/Engineering
Code Enforcement
Engineering Report
Public Works Summary of Operations
Suntran Report
Kevin Rudd reported that the City is averaging ten (10) building permits a month.  The City issued a building permit for Rocky Vista University on April 20, 2016 and the university will be submitting their Conditional Use Permit (CUP) amendment for their student housing.  They intend to break ground on the housing the first part of June, 2016.  The CUP is a Class 4 so the Public Hearing will be heard before the Planning Commission on May 3, 2016.  The TRC (Technical Review Committee) has met with Rocky Vista University several times and the Architects have designed the building within Ivins design guidelines. He provided a report to the City Council regarding code enforcement.  A copy of the report is available by request through Ivins City Hall.
Chuck Gillette referred to the Southern Utah Bicycle Alliance presenting at the prior City Council meeting and appreciated their recognition of Ivins Public Works employees for the work they did on some bicycle ramps on the trail.  Four (4) Public Works operators recently certified at higher levels in Water Collection and Water Distribution.  He referred to the quarterly SunTran report and indicated that there has been an increase in ridership of 15-20% compared to last year.  The City is working on several projects including the Cliffrose 2 million gallon water tank expansion, the Center Street flood wall and others identified in a report he provided to the Mayor and City Council.  A copy these reports are available by request through Ivins City Hall.  The road maintenance slurry project may start the week of April 25, 2016 and the Old Highway 91 connection to Santa Clara Blvd. is on schedule.  Council Member Roberts referred to the Discovery subdivision on 200 East and inquired if there is going to be a wall in front of those homes like there is north of that subdivision.  Chuck Gillette indicated there would not.  Council Member Roberts referred to the dumpsters that the City provides for the residents.  He felt that is a great service and inquired if it would be possible to provide a similar service of providing a dumpster for hazardous waste products once a year.  Chuck Gillette stated that the Washington County Solid Waste District Manager is Neil Schwindeman and he resides in Ivins. That was discussed with him several years ago but there were costs associated with providing that. He will follow-up with him again and report back.
C. Planning Commission Report
Chairperson Loris reported that the Planning Commission discussed proposed amendments to the Ivins City Zoning Ordinance for a Recreational Vehicle Resort.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
None

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the proposed Transportation Impact Fee Facilities Plan, Transportation Impact Fee Analysis and Ordinance
Chuck Gillette provided a PowerPoint presentation to the Mayor and City Council.  A copy of the presentation is available by request through Ivins City Hall.  He indicated that this the new recommended transportation impact fees.  The new fee for single family detached housing represents a 46% decrease in the impact fee.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of Ordinance No. 2016-11, an Ordinance of Ivins City, Utah, adopting the Ivins City Transportation Impact Fee Facilities Plan and Impact Fee Analysis; Enactment of Transportation Impact Fees
Transportation Impact Fee Analysis
Transportation Impact Fee Facilities Plan
Ordinance
Dale Coulam clarified that the City Council has reviewed and discussed the projects multiple times. He stated that the Impact Fee Analysis is where the City figures out what the dollar amount of the impact fee would be.  The law requires that the City allocate what is attributable to new growth and what is not.  The ordinance is based upon the actual study and the fees set forth in the schedule in the ordinance represent the maximum impact fee that the City could charge.  If the Council decided to not charge the full impact fee, then more of those costs are shifted to existing residents and growth would not be paying their full share as determined by the Impact Fee Analysis.  Mayor Hart inquired if the City has ever had a challenge regarding that.  Dale Coulam clarified that it had not.  Council Member Roberts inquired if the City stays with the 100% policy, is there a risk doing that.  Dale Coulam clarified that if the City hired their consultant, followed Utah statute and allocated everything properly, then that's the correct number for the impact fee.   If that number is discounted, how does the City explain to existing residents that they're going to pay more of the cost that should have been attributed to new growth.

MOTION: Council Member Densley moved to approve Ordinance No. 2016-11, an Ordinance of Ivins City, Utah, adopting the Ivins City Transportation Impact Fee Facilities Plan and Impact Fee Analysis and the Enactment of Transportation Impact Fees
SECOND:  Council Member Roberts
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member McDonald AYE
Council Member Roberts AYE
Council Member Densley AYE
Council Member Johnson ABSENT

Roll call vote.  All Council Members that were present voted in favor.
C. Public Hearing on the proposed Storm Drain Impact Fee Facilities Plan, Storm Drain Impact Fee Analysis and Ordinance
Chuck Gillette provided a PowerPoint presentation to the Mayor and City Council.  A copy of the presentation is available by request through Ivins City Hall.  He stated that if the City doesn't adopt the recommended impact fees, it would impact the storm drain user rate study.  The expert that prepared the facilities plan and analysis recommended increasing the rates gradually to get to where the City needs to be long-term.  Mayor Hart opened the Public Hearing.  Lance Anderson resides in Ivins and indicated that he likes idea of giving a credit for low impact development in residential developments.  He referred to the non-residential developments and stated that he'd like to see the City encourage that same credit for non-residential developments.  Becky Warren resides in Ivins and inquired what the process was for individuals to apply for a credit.  Chuck Gillette clarified that this would relate to new homes going forward and to qualify as a Low Impact Development, a property may have no more than 15% impervious area and must have sufficient detention/retention to reduce the effective impervious area to no greater than 7%.  To achieve that the lot has to be a large lot. Michael Barton indicated he is building a home on Puerto Drive and his lot is approximately one (1) acre.  He inquired if that would qualify and if so what the guidelines are and what is an impervious area.  Mayor Hart clarified that an impervious area is asphalt, concrete and similar.  There being no other comments, Mayor Hart closed the Public Hearing.
D. Discuss and consider approval of Ordinance No. 2016-12, an Ordinance of Ivins City, Utah, adopting the Ivins City Storm Drain Impact Fee Facilities Plan and Impact Fee Analysis; Enactment of Storm Drain Impact Fees
Storm Drain Impact Fee Analysis
Storm Drain Impact Fee Facilities Plan
Ordinance
Council Member Densley inquired how the impact fees work for Rocky Vista University and if their project qualifies for a reduction.  Kevin Rudd stated that they are receiving credit for building 400 East and and the storm drain.  Chuck Gillette clarified that they do not qualify for a reduction because the reduction is only for low density residential development, not commercial.  Dale Coulam clarified that with impact fees, the developer either pays money and the City does the improvements or the developer can install the improvements and receive a credit towards the impact fees.

MOTION: Council Member Roberts moved to approve Ordinance No. 2016-12, an Ordinance of Ivins City, Utah, adopting the Ivins City Storm Drain Impact Fee Facilities Plan and Impact Fee Analysis; Enactment of Storm Drain Impact Fees
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member McDonald AYE
Council Member Roberts AYE
Council Member Densley AYE
Council Member Johnson ABSENT

Roll call vote.  All Council Members who were present voted in favor.

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Continue to discuss and consider approval of the Planning Commission’s recommendation to approve an amendment to the Land Use Plan to expand Resort Commercial and leave a buffer area of existing LDR (Low Density Residential) along the western border of the property.  Located on approximately 31.53 acres on the south side of Snow Canyon Parkway at approximately 1300 East
Land Use Map
Zoning Map
Dale Coulam referred to the current Land Use map and the existing Zoning map with the blue and orange lines drawn on them.  The blue line depicts the Davidson's recommendation and the orange line depicts the Planning Commissions recommendation.  A copy of the maps are available by request through Ivins City Hall.  The Planning Commission recommended to approve the proposed amendment to the Land Use Plan to expanding the current resort commercial bubble no further than 300 feet from the existing contiguous properties on the west.  He referred to Mr. Davidson testifying at the Public Hearing that the view location near his driveway is dangerous and when he comes out of his driveway, he has a hard time seeing.  The existing zoning allows Resort Commercial to be only about 200 feet away.  If the City Council goes with the Planning Commission recommendation, the buffer is moved an additional 100 feet down Snow Canyon Parkway, which means there's better sight distance.  Mayor Hart stated that he has spoken with the owner and developer of the property and they anticipate developing a restaurant, specialized shopping and possibly some villas or bungalows that would be more residential in scale than commercial.  Mayor Hart indicated he did not see the rationale for the blue line and felt it was arbitrary.  Council Member Roberts inquired if the developer had any significant objection with the blue line recommendation. Mayor Hart stated that they would like to be able to utilize the full 300 feet rather than 200 feet.  He suggested that the City Council Members go to the property site.  There are not many view windows from existing property owners who live in Padre Canyon that look out to the property.  Council Member Roberts' only concern was that when people purchased in that area, the existing land use was as it is.  If the change could be transitioned and buffered, he would be okay with that.  Mayor Hart clarified that from a visual standpoint, the worst option for neighbors, the City and the developer is to leave it as it currently is because the only option would be for commercial that is linear.  Council Member Densley indicated that this property is just behind his backyard.  He spoke with another property owner near this property and was told he was under the same pretense that when the property was developed, he assumed would be developed like the rest of the residential area.  They bought it expecting that and some have been there 30 or 40 years.  He understood the safety factor of the Davidson's and suggested that the Council use the orange line for that portion of the property and then follow the blue line the rest of the way down on the map.  Council Member Roberts agreed with that suggestion.  Mayor Hart disagreed with the philosophy of that because it's arbitrary and stated that he thought the Planning Commission got it exactly right with their recommendation. Council Member Mehr and Council Member McDonald concurred with the Planning Commission's recommendation.

MOTION: Council Member McDonald moved to approve the Planning Commission's recommendation to the orange line to the Land Use Plan to expand Resort Commercial and leave a buffer area of existing Low Density Residential
SECOND:  Council Member Mehr
VOTE: The motion carried.

Mayor Hart AYE
Council Member Mehr AYE
Council Member McDonald AYE
Council Member Roberts NAY
Council Member Densley NAY
Council Member Johnson ABSENT

Two (2) Council Members voted in favor, two (2) Council Members voted in opposition and one Council Member was absent.  Mayor Hart also voted in favor and the Motion passed.
B. Review and discuss the Proposed Tentative Budget; Quarterly Finance report
Wally Ritchie provided a PowerPoint presentation to the Mayor and City Council regarding the 3rd quarter financial report.  A copy of the presentation is available by request through Ivins City Hall.  He reported that the City closed on the refinancing bond today and there may be other bonds that the City has that can be refinanced and save the City money.  General Fund revenue is ahead of budget and General Fund expenditures are under budget.  Enterprise revenue is in line with expectations and Enterprise expenses are under budget.  He provided a PowerPoint presentation to the Mayor and City Council regarding fiscal year ending 2016 Budget to complete and fiscal year ending 2017 Tentative Budget.  A copy of the presentation is available by request through Ivins City Hall.  He reported that the budget is a balanced budget and is fiscally conservative.  There are no property tax increases and no fee increases at this time.  Council Member Mehr referred to the operating funds for water and inquired if the goal is break even or have a cushion and if there's a cushion, he inquired if it's reinvested.  Wally Ritchie clarified that it's run like a business but there's no profit.  You want to be a little ahead in the year with a cushion for upgrades and the goal is to be as close to balanced as possible.  Some years the City is ahead and other years they are behind.  Council Member Densley inquired if the City will be purchasing a fire truck.  Wally Ritchie clarified that the City of St. George is purchasing a new ladder truck and stationing that at Fire House Park which is located just off of Snow Canyon Parkway in close proximity to Ivins.  He stated that at the next City Council meeting, the City Council will tentatively adopt the tentative budgets and set the Public Hearing for adopting the budget.
C. Discuss and consider honorees for the 2016 Washington County Fair Grand Marshall and recipient for the Pioneer Award
Mayor Hart indicated that each year a City in the County is featured and from the City, a Grand Marshal and Pioneer Award recipients are selected.  This opportunity only occurs approximately every ten (10) years.  The Mayor and City Council discussed recipients and determined to nominate George Elwell as the Grand Marshal and Emma Fife as the recipient for the Pioneer Award.

MOTION: Council Member Mehr moved nominate George Elwell as Grand Marshal representative and Emma Fife as Pioneer Award recipient for the Washington County fair
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member McDonald AYE
Council Member Roberts AYE
Council Member Densley AYE
Council Member Johnson ABSENT


6) CONSENT AGENDA
A. Approval of City Council Meeting Minutes for April 7, 2016

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

Council Member Mehr AYE
Council Member McDonald AYE
Council Member Roberts AYE
Council Member Densley AYE
Council Member Johnson ABSENT


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Mehr - no report
Council Member McDonald reported that he spoke with Wally Ritchie and suggested that the Ivins City Youth Council start working on a plan for a skate park.
Council Member Roberts no report
Council Member Densley reported that the State approved $1.1 million for Snow Canyon State Park for engineering of the road overlay.  Mayor Hart clarified that the entrance fees for non-residents may be increasing and a portion of those additional dollars may go into an account for Snow Canyon State Park for future projects.
B. Mayor
Mayor Hart referred to the SunTran bus and reported that he spoke with Fred Davies at the City of St. George and was told that the ridership pattern is fairly typical until the number of routes or stops are increased.  He felt that would occur in the future with the first class of medical students.  He reported that the County will be assisting with the parking lot and access roads for the Ivins Reservoir as well as the trail to Tuacahn.  Dale Coulam stated that the TRC (Technical Review Committee) met with Jon Reed regarding a kiosk with biking information at the Ivins Reservoir.  Mayor Hart indicated that the Shivwits Band has secured funding for a paved trail from ivins City border to their community and they may have funding to bring that trail up to the reservoir.
C. City Manager/Attorney Dale Coulam
Dale Coulam reported that Rocky Vista University is moving along and Rocky Vista's student housing project will be on the Planning Commission's next agenda.
D. Items to be placed on future agendas

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND:  Council Member Roberts
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member McDonald AYE
Council Member Roberts AYE
Council Member Densley AYE
Council Member Johnson ABSENT

The meeting adjourned 7:50 p.m.

Respectfully,

Kari D. Jimenez, MMC 
Ivins City Recorder