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
June 16, 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, 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, and Public Works Director/City Engineer Chuck Gillette.
EXCUSED:   Council Member Johnson
A. Acknowledgement of Quorum
Mayor Hart acknowledged that there was a quorum present.  Council Member Johnson was excused and Council Member Mehr was expected to be in attendance shortly.
B. Flag Salute
Representatives from several Boy Scout Troops 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.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Building Department; Public Works/Engineering; Finance
Public Works Summary of Operations
Engineering Report
Water Usage Report
Budget Report
Kevin Rudd provided a written report to the Mayor and City Council regarding building permits and nuisance cases.  He reported that the City is projecting that approximately 100 single family building permits will be issued through the end of the year.  The value of the building permits that will be issued for Rocky Vista University is equal to approximately 45 homes as it relates to impact fees and building permit fees.  Regarding zoning and nuisance, the City is receiving a lot of calls regarding individuals with chickens on smaller lots, which isn't allowed.  The City is also receiving approximately two (2) calls a week from individuals looking at vacant property where multi-family housing is allowed.  With Rocky Vista University being built, there is a need for more multi-family housing.  It costs $1,000 to $2,000 for individuals to go through the process to see if they can build something that is multi-family.  He suggested that the City look at undeveloped properties where town homes would work and look at creating a new zone for town homes.  Council Member Roberts referred to the student housing that Rocky Vista University will be building and stated that doesn't take into account housing for staff and others who will be working as a result of the university. Council Member Densley inquired about the project that was approved for multi-family housing located on the other side of Highway 91.  Kevin Rudd clarified that is for sale and not an ideal location.  The best location for multi-family would be closer to bus service and the center of town.
Council Member Mehr arrived at 5:42 p.m.  He had no disclosures or conflicts of interest with items on this meeting's agenda.
Chuck Gillette reported that the Public Works staff has been working hard on the water system over the last month.  They've exercised the valves, flushed hydrants, working on installing the 200 West irrigation line and fixed four (4) water leaks.  The City put out an RFP (Request for Proposals) for storm drain improvements.  The RFP will allow the City to hire an Engineer who will design the Kayenta debris basins.  He reported that the City will be receiving funding from the NRCS (Natural Resource Conservation Service) to build the Kayenta debris basins.  The City will be receiving a 100% grant to design the structure and a 75% grant for the construction.  The City hopes to reduce the costs of the remaining 25% by soft matching donated materials and labor.  The flood wall on Center Street is being built and the City hopes to have that completed by the end of June, 2016.  The project on Highway 91 is going well and that road is now paved.  He referred to storm water management and reported that there are federally mandated requirements that have been placed on municipalities to make sure that the storm water that goes into the drains is not polluted.  All new developments have to retain the 90th percentile storm.  As an example, if there are 10 storm events, water from 9 of those events is retained and there is zero discharged.  The accumulation is .65 inches in a 24 hour period and the requirement is difficult to meet.  It requires bigger detention basins in developments and can be problematic for soils in this area.  The State of Utah has indicated that if retention isn't possible, some other measures may be put in place which may mean that all new developments may be required to put in some type of treatment facility before discharging the water into Ivins storm drain.  The deadline to pass an ordinance regarding storm water management is September 1, 2016. Council Member Roberts inquired what the consequences would be if Ivins didn't pass an ordinance.  Chuck Gillette stated the City would obviously be out of compliance and the State might revoke Ivins' permit.  He referred to the City of St. George being out of compliance and they have been told that they may be assessed a six (6) figure fine in addition to being required to come into compliance.  Council Member Roberts inquired if a developer could put up a fence with plastic to retain the water.  Chuck Gillette clarified that if the water doesn't drain within three (3) days, there's a mosquito problem.  Council Member Roberts stated that the mosquitos can be sprayed.  Mayor Hart indicated that the catch basins could be deeper rather than more land area. Chuck Gillette clarified that there's a maximum depth requirement for safety reasons.  Council Member Densley inquired about projects being grandfathered in.  Chuck Gillette stated that as long as those projects are approved prior to the city passing the ordinance, they would be grandfathered in.  Mayor Hart requested that the City Council review a draft ordinance from Chuck by the first part of August.
Mayor Hart referred to the total volume of water used as identified in the water report and inquired if that takes growth into account.  Chuck Gillette clarified that it did not.
Mayor Hart indicated that Wally Ritchie previously provided the finance report in writing.  A copy of the report is available by request through Ivins City Hall.
B. Planning Commission Report
Chairperson Loris reported that the Planning Commission held three (3) Public Hearings.  The first Public Hearing was on a proposed amendment to the Land Use Plan to allow High Density Residential on a small located at approximately 277 North Main.  The Planning Commission did not feel that was a good fit and recommended denial.  The two (2) other Public Hearings related to amendments to the Land Use Plan and Zoning Ordinance for Recreation Vehicle Resorts.  There were several comments against the proposed Land Use change regarding and the Planning Commission stayed with its original recommendation to deny the proposed land use change.  Following some suggestions on the draft zoning text, the Planning Commission discussed a plan for creating a final draft for review at the next meeting.  The Planning Commission also approved a final plat regarding the 400 East road dedication related to Rocky Vista University.  Council Member McDonald referred to the Table of Uses and inquired what is currently allowed where the Recreational Vehicle Resort is proposed.  Kevin Rudd clarified that a variety of commercial uses like business offices and other uses that are complimentary to the main research use. Chairperson Loris reported that the Planning Commission also approved a final plat for Taviawk IX-N and an amended and extended Final Plat for the Willow Springs Subdivision Unit 1 Plat C.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
Shaunna Goldberry submitted a Citizen request that the City Council consider allowing her to provide a presentation regarding the International Dark Sky organization.

4) PUBLIC HEARING AND ACTION ITEMS

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discussion regarding LED lighting options
Chuck Gillette indicated that the City is in a transition period for street lights. The old standard was high pressure sodium lights and the new standard is LED.  The manufacturer of the high pressure sodium lights that the City has is phasing out those lights because the LED lights cost less to maintain and last twice as long. There are 66 bollard lights on Center Street that emit an orange color light. He suggested switching to a brighter color that is still considered to be a warm color.  Rocky Vista University will be installing 13 bollard lights on the north side of Center Street and he'd like the lighting to be consistent in color. He wondered about changing them all at the same time but the cost to do that would be approximately $13,000.  Mayor Hart stated he had hoped that the LED bulbs would create a color similar to the high pressure sodium bulbs.  He suggests buying one or two of the bulbs and replacing a couple to see what they look like.  Chuck Gillette indicated that the new Cantera Cliffs subdivision recently installed four (4) of the new LED lights and suggested the Mayor and City Council go look at them at night.  The subdivision is located 400 West and 200 North. Council Member Mehr stated $13,000 is a lot of money for light bulbs and suggested that Rocky Vista University should be required to match the lights that are already in place. Mayor Hart clarified that there are a number of projects that are going to be required to install these and not just Rocky Vista University. Chuck Gillette stated that the problem is the City is stuck with one manufacturer and the City has been told that high pressure sodium lights are going to be discontinued.  Council Member Densley inquired about the possibility of letting Rocky Vista University do the updated lights on their side of the street and then the City can replace the other ones down the road as they go out. Mayor Hart clarified that the new projects should be to the new standards.  The Mayor and City Council discussed the City continuing to use the high pressure sodium lights for now until there is a good LED option.  Chuck Gillette suggested this agenda item be continued for the Mayor and City Council to look at the lights that have been installed in the Cantera Cliffs subdivision.  The Mayor and City Council agreed.  Chuck Gillette with let Rocky Vista University and the individuals on the Highway 91 projects know the can order their lights.  He referred to the taller street lights and indicated the City cannot place a decent sized banner on them because the poles can't handle wind load.  There is a solution for that.  The City currently uses a four inch (4") aluminum pole but the City can use a five inch (5") aluminum pole and add a decorative base.  it increases the cost of the pole but will increase the wind load capacity.  Mayor Hart inquired where in the City those would be placed. Chuck Gillette indicated they would only be on arterial streets and likely only on Snow Canyon Drive from the St. George border to 200 East.  Mayor Hart requested that Chuck provide the Council with some cost differentials and discuss this at the next City Council meeting.

MOTION: Council Member Mehr moved to continue
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

B. Discuss and consider approval of Resolution No. 2016-14R, a Resolution of Ivins City, Utah, approving the Certified Property Tax Rate for Calendar Year 2016
Resolution
Dale Coulam indicated this is a formality and is the Certified Tax Rate received from the County.  There is no tax increase.

MOTION: Council Member McDonald moved to approve Resolution No. 2016-14R, a Resolution of Ivins City, Utah, approving the Certified Property Tax Rate for Calendar Year 2016
SECOND:  Council Member Densley
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.
C. Discussion regarding the Arts Commission recommendation to have the Commission review and make recommendations on Arts RAP tax requests
Dale Coulam stated that when the Arts Commission was created, it was anticipated that they would review requests for Arts RAP tax funding and make recommendations to the City Council to make the decision.  He requested that for the calendar year of 2016, if there is anything collected beyond what the City is already contractually obligation to pay out, those funds go to paying off the overage costs of the statue and there is nothing in next years' budget for the statue.  He would like to hold off on any new art projects until the statue is paid for and installed.  Council Member Densley suggested paying the foundry in thirds and hold the funds in escrow.  Mayor Hart clarified that the funds included in the 2016 budget have to be expended before the end of June.  Dale Coulam indicated he will follow-up with Wally Ritchie regarding the escrow.  There are factors beyond the foundry's control that have caused the overage. In order to get the statue completed, the foundry needs some money.  Council Member Densley inquired if the City received any donations.  Dale Coulam stated the City received $5,000 from Tuacahn, $3,000 from Rocky Mountain Power and less than $1,000 from all other donations.
D. Discuss and consider approval of final contractual payment of $57,200 to Adonis Bronze for Artwork
Council Member Mehr inquired if the Arts Commission acts like the Planning Commission where they make a recommendation to the City Council and then the City Council makes a determination.   Arts Commission Member Mike Scott clarified that it is a recommending body and they make their recommendations as objectively as possible based on the seven (7) elements outlined in the Arts Master Plan.  They provide those recommendations to the City Council and the City Council makes the final decision.  Dale Coulam indicated that he would request updated photos from the foundry and provide those to the Council as requested.
E. Discuss and consider approval of membership in the Utah Transportation Coalition
Mayor Hart stated that Ivins and five (5) other cities in Washington County have petitioned the Washington County Commission to put the quarter percent local option sales tax devoted to transportation on the ballot this November.  It's unclear if the County Commission is going to place it on the ballot but they may decide in July.  Mayor Hart handed out information regarding the Local Option Sales Tax.   A copy of the information is available by request through Ivins City Hall.  He indicated that Ivins and St. George are the only two (2) cities that provide mass transit and because of that, they qualify to receive additional revenues from the tax.  Municipalities cannot promote a tax but they can provide factual information to the voters.  He requested that the City Council approve up to $2,000 to contribute to this cause.  The City currently subsidizes approximately $350,000 for road maintenance that comes out of the General Fund and receiving the Local Option Sales Tax would assist with Ivins road maintenance.  Council Member Mehr and Council Member Roberts were not in favor of Ivins membership in this coalition.  Council Member Roberts felt it was similar to a Super PAC (Political Action Committee) that promotes a single issue.  Some residents are not satisfied that the State has done what it needs to do to address a number of issues, including making sure that all users that use the roads are being fairly assessed.  Council Member Mehr felt that being a member of the coalition would be an implied endorsement of the tax.  Council Member Densley stated that the City Council needs to consider that if the City doesn't figure out a way to receive an increase for road maintenance, the Council will need to figure out how to decrease general operations or reduce the level of service it provides to the residents.  Council Member McDonald indicated that he tries to look at things from a business perspective because that's the way a City should operate and it would be wise for the City to spend a small amount to be a member of a coalition that provides information to the public.  Council Member Densley stated it would be an education campaign and worth the investment.

MOTION: Council Member McDonald moved to approve membership in the Utah Transportation Coalition in the amount of $2,000
SECOND: 
The motion did not receive a second and was lost.

MOTION: Council Member Mehr moved not approve membership in the Utah Transportation Coalition
SECOND:  Council Member Roberts
VOTE: The motion carried.

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


MOTION: Council Member Densley moved to approve membership in the Utah Transportation Coalition in the amount of $1,000
SECOND:  Council Member McDonald
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 (1) Council Member was excused.  Mayor Hart voted in favor and the motion passed.

6) CONSENT AGENDA
A. Approval of City Council Meeting Minutes for June 2, 2016

MOTION: Council Member Roberts 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 referred to the individual who made the Citizen Comment tonight and reported that it was reported to him that that individual shut the lights off at the park when there were kids still playing there.  Council Member McDonald had a discussion with that individual regarding the lights being on for safety for the kids and giving a place for youth in Ivins to play. The Citizen Comment that was provided tonight was different than the conversation Council Member McDonald had with her.  He requested that if the City Council approves a presentation given by that individual, that the Council not take away the opportunity that the youth have to play in a lit area.  
Council Member Roberts referred to the status of the City obtaining land or swapping land with SITLA (School and Institutional Trust Lands Administration) for a park.  Dale Coulam stated the City received an appraisal of $70,000 per acre, which is extremely high.  He inquired if they were interested in selling off pieces of the property but he has not heard back from them.  Council Member Roberts referred to the parking issue at Fire Lake Park and inquired if berms be removed to create more parking.  Mayor Hart indicated that is currently private property but the City is working with the owner on that.  A designated cycling loop is planned through Gunlock and Veyo and a trailhead with parking is expected to provide 15-20 parking stalls, with the County participating in those improvements.  
Council Member Densley reported that the camp ground in Snow Canyon State Park is closed for improvements.
B. Mayor
Mayor Hart reported that he welcomed faculty and staff of Rocky Vista University visiting Ivins last week.  They had an accreditation board in Ivins and are on track to meet their obligations.  Rocky Vista University intends to revitalize the Snow Canyon Medical Clinic and use it as a clinic as well as an administration building.  He expressed his appreciation for Ivins City staff for working with Rocky Vista University.
C. City Manager/Attorney Dale Coulam
Dale Coulam reported that Ivins Director of Finance, Wally Ritchie, has received the annual CAFR (Comprehensive Annual Financial Report) award and that represents the City receiving that award for the 6th consecutive year.  He thanked Wally for his dedicated service and reported that OpenGov, a financial transparency platform, will launch in July.  He reported that there has been a change in personnel positions.  Randy Hancey is no longer the Fire Chief and has gone back to the Law Enforcement side.  Nick Hallman was a police officer and is now serving as the Acting Fire Chief. Council Member Densley inquired as to the status of the Ivins newsletter article and providing what's happening around town in the newsletter.  Dale Coulam clarified that it will come out July 1st and the Department Heads have been asked when they're out and about to take photos for this article.
D. Items to be placed on future agendas
The Mayor and City Council liked the idea of discussing the creation of a town home zone and looking at undeveloped land in the City where town homes would work.  They directed that discussion start at the Planning Commission level.  Regarding the Citizen Comment request to provide a presentation to the City Council regarding the International Dark Skies organization, they directed Dale Coulam to contact the individual and inquire if she is aware of Ivins Night Sky Ordinance and if she is an authorized representative of the Dark Sky organization.  If she is, they agreed to hear a 10 minute presentation regarding that but declined to address lighting in City parks.

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 at 8:20 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder