All present included
Council Member Mehr,
Council Member McDonald,
Council Member Johnson,
Council Member Gordhammer,
Council Member Larsen,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Parks and Recreation Director Benny Sorensen,
Director of Public Safety Chief Bob Flowers,
Director of Finance Lane Mecham,
and
Public Works Director/City Engineer Chuck Gillette.
EXCUSED: None.
Audience: Morgan Tanner, Violet Tanner, Adlai Elison, Randy Larsen and others who did not sign in.
Mayor Hart acknowledged there was a quorum present. Council Member Gordhammer and Council Member Mehr were present via the electronic "Zoom" platform. Mayor Hart, Council Member McDonald, Council Member Johnson and Council Member Larsen were present in the Council Chambers. Mayor Hart requested a roll call of the City Council Members. Each City Council Member was in attendance and acknowledged their presence.
Mayor Hart led the Flag Salute
Council Member Mehr gave the Invocation
There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Parks and Rec Report
Public Safety Report
Benny Sorensen provided a written report to Mayor and Council, a copy of which is available as an attachment to this agenda. He reported that the Parks Department replaced the sidewalk by the Firehouse with Public Works assistance.
Chief Bob Flowers reported that there have been questions regarding the Animal Shelter and feral cats and asked the Animal Shelter Manager, Bailee Mabe, to report. Bailee Mabe reported that the Ivins and Santa Clara feral cat programs used to go through Best Friends Animal Shelter in Kanab where they would pick the cats up weekly from the Ivins Animal Shelter, fix them, bring them back and then they would be released as part of the TNR (Trap, Neuter, Release) program. As of November 2019, the Ivins Animal Shelter received no word as to why Best Friends stopped doing this and they are no longer assisting any animal shelters in Washington County with the TNR program. The cost through that program was $6.00 for a feral cat but that cost is now $80 per feral cat because it is a regular visit that has to be scheduled through a Veterinarian and there are only two (2) Veterinarians in the area that will take feral cats. Because of this, it takes approximately two (2) weeks to get an appointment and due to the high risk of disease in feral cats, they are not able to take them into the shelter and risk getting the healthy animals in the shelter sick. As part of a TNR program, they are given a physical address to trap a cat and after it's fixed, the cat is returned to the area where it was trapped. Mayor Hart commented that he understood that feral cats were not adoptable. Bailee Mabe stated that was correct because they are completely wild but they can take kittens six (6) months and younger and turn them around. Mayor Hart commented that there did not appear to be a very good solution currently. Bailee Mabe agreed and commented that Veterinarians' do not want them because of disease issues. Mayor Hart stated this situation appeared to be more than a budget issue, with only two (2) Veterinarians in the county willing to fix them. Bailee Mabe agreed and commented that the shelters are also competing with those Veterinarians regular clients as well. She stated that Kris Neal with One More Chance told her that the Humane Society of Utah just confirmed that they have a low cost spay and neuter clinic in St. George. Mayor Hart requested that she verify that is occurring so that the City can get the word out to the residents in the newsletter and website. Bailee Mabe indicated that she would follow-up and report back to Dale Coulam. Chief Flowers stated that if there is a specific problem where a feral cat is causing a significant problem, they can look at that on a case-by-case basis.
Chief Bob Flowers provided a written report to the Mayor and City Council. A copy of the report is available as an attachment to this agenda. He reported that they received 377 calls in January with 15 calls involving families in crisis. The Victims Advocate provided 37 people in January, with some type of assistance through that program and commented that the program has been great for the community. He also reported that there were 370 traffic stops in January. Council Member McDonald referred to the vandalism that occurred at the Black Desert Resort and inquired as to the status. Chief Flowers reported that is still an active and on-going investigation.
Lane Mecham provided a PowerPoint presentation to the Mayor and City Council, a copy of which is available as an attachment to this agenda. He reported that the economy is on the rebound from the COVID-19 situation and unemployment is declining, although it will likely be quite some time before the economy reaches pre-pandemic levels. There was a significant increase on Gross Taxable Sales in the second quarter for an unknown cause. Ivins Building Permits continue to be strong and the economy is strong due to construction and some other indicators. The General Fund tax revenues are ahead of the budget compared to last year but do not include the budget amendment that will be discussed later tonight. There is a large overage in the General Fund expenditures due to CARES (Coronavirus Aid, Relief and Economic Security) grants that were issued. Capital Projects and the other funds are all normal, with a large Non-Operating expense in the Water Fund, which is the irrigation project. There is some uncertainty about the economy but the City continues to be conservative. Revenues and Expenditures are as expected, Capital Projects on track and there are no major concerns.
Report
Commissioner Anderson reported that the Planning Commission held a Public Hearing on the draft lighting ordinance. There were good comments made but there is some confusion with lighting designations compared to the lighting ordinance. They closed the Public Hearing on that and will discuss it at the next Planning Commission meeting. Council Member Gordhammer referred to the process and inquired if the Planning Commission recommends any changes at the next meeting, if that then goes back to the Planning Commission for another Public Hearing or if moves onto the City Council with their recommended changes. Commissioner Anderson clarified that the Public Hearing before the Planning Commission has already been held so it will move onto the City Council with the Planning Commission's recommendations and then the City Council will hold their own Public Hearing and make the final determination.
Contract
Lane Mecham stated that their contract has ended and normally the City would put out an RFP (Request for Proposals) for other auditors to provide their proposals. Auditors should be rotated due to familiarity risk but Larson & Company has only been with Lane for two (2) years. He was comfortable that there was no familiarity risk and suggested that the City renew their contract under the same terms and continue working with them. Dale Coulam clarified that because the City accepted CARES (Coronavirus Aid, Relief and Economic Security) Act funding, and those are federal funds, that requires a single audit so it will be helpful to have someone who is already familiar with Ivins financial data and systems to do that single audit. There are multiple reasons to stay with Larson & Company currently and then put out an RFP at the end of this next contract. Council Member Mehr referred to the federal audit and inquired if the amount of $4000 is for all inquiries that the Federal Government may have or if it is for each inquiry and if so, inquired if there are multiple inquiries. Lane Mecham clarified that it is a single audit for the CARES funds.
MOTION: Council Member McDonald moved to approve renewing the City's audit contract with Larsen and Company
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Staff Report
Lane Mecham indicated that this project has expanded and costs have gone up. With the increased commitment of funds, Ivins total commitment to the project would be $1,716,478 but $500,000 of that would be paid by the COG (Council of Governments). Ivins portion would be $600,000 and the City may use a combination of funding from Street and Park Impact Fees. It makes sense to continue with the project and staff is recommending that the City Council approve the expenditure. Council Member Mehr inquired if the additional expenditure was part of the approved budget. Lane Mecham clarified that it would be in the next fiscal year and the Council will be seeing that as part of the budget process. The Mayor and City Council agreed to the additional expenditure.
MOTION: Council Member McDonald moved to approve commitment of additional funds for the Old Highway 91 widening project in the amount of $600,000
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Budget Plan
Lane Mecham commented that the Mayor and City Council have reviewed this previously. He is seeing that costs are increasing more quickly than revenues and stated that at some point over the next couple of years costs will match revenues and property taxes likely will not be sufficient to keep up. Dale Coulam indicated that the Department Heads meet and discuss the budget because things do change from year to year so this is not a perfect projection system but the Department Heads review the needs of each department and bring those to the Council to discuss what priorities they have. Council Member Mehr recalled seeing improvements for Puerto Drive and inquired if the Council still has the opportunity to influence what those improvements look like and that the plan is shows that the City is just setting aside money. Dale Coulam stated yes. Council Member Mehr referred to gap fill projects and inquired if the City had one in mind or if that was something that always comes up. Dale Coulam clarified that the City does gap fill projects every year, the most recent being 200 East. There is still a gap fill project that could be done on 400 West, as well as a right-of-way problem. There are several projects called "gap fill" projects to get roads up to standard and completed. Council Member Mehr inquired if Ivins could help influence the City of Santa Clara to get 400 East fixed due to the traffic associated with the vacation homes that have been built on Santa Clara's side of 400 East. Dale Coulam indicated that a couple of years ago Ivins approached Santa Clara to chip seal that and pay 50% of the cost but that was rejected by Santa Clara. Council Member Mehr referred to the large expense for the first phase of the irrigation system asked for a reminder of that project. Dale Coulam stated that it requires a water tank because you do not want to store irrigation water with culinary water. Mayor Hart commented that the issue is more broad, having to do with a water source for Ivins irrigation system that is very complicated because most of the water rights are owned by the City of St. George and not the Water Conservancy District. Those involved are working out trades or agreements to get untreated water for the irrigation system. The City of St. George is planning on building a treatment plant near Gunlock, to turn water into culinary water but this could get stretched out for years and may be reviewed on a year-by-year basis. He will keep the Council posted on the progress that the Water Conservancy District makes.
Council Member Mehr inquired if Ivins could talk with Santa Clara regarding 800 South traveling east. When one comes to a stop at the stop sign, the old visual cues are gone and there are now large buildings that have been built, along with the block wall to the north and it's difficult to see traffic coming in the other direction. By filling that gap, that could pull the traffic away from the sidewalk and provide a buffer for the pedestrian traffic. Council Member Johnson referred to the Parks and Recreation regional park and inquired if that was the one planned to go on the BLM (Bureau of Land Management) land. Lane Mecham indicated that it was. Council Member Johnson referred to Law Enforcement and the police station remodel and inquired if that amount was in addition to the construction of the new City Hall. Lane Mecham clarified that it is included in the Hughes Construction contract but it is its own line item. Council Member Gordhammer referred to the Parks and Recreation 2022 Park property purchase and inquired if that land has been identified. Dale Coulam commented that Benny Sorensen has identified the parcel and is working on convincing the owner to sell the property.
Dale Coulam indicated that in an attempt to be as transparent and test the Finance Directors expertise, the City started requiring the Finance Director to obtain the CAFR (Comprehensive Annual Financial Award) and Budget award. The CAFR is for a governmental Accountant to understand and the PAFR (Popular Annual Financial Report) is supposed to be for the layman but is actually for a regular Accountant. He does not see anything in the PAFR that is easy for the layman or non-accountant to understand. This process started with former Finance Director Alan Rae and has continued with each Finance Director since but there are better things that the City could spend the time and money on. The City purchased OpenGov a few years ago and that allows one to pull up financial reports and requests that are easy for a layman to understand. The State of Utah has required additional transparency requirements and the City complies with all of those. The need for the PAFR is not what it was back when Alan Rae was the Finance Director. Dale Coulam recommended that the City no longer prepare the PAFR, which is a matter of going through the whole process for a CAFR, re-wording to turn it into a PAFR. That takes a lot of time and money. The time has come where the PAFR has outworn its purpose and time is better spent elsewhere. The City will continue to prepare the CAFR and work on obtaining the Budget award, as well as make things as transparent as possible on Ivins website and through the State of Utah. Mayor Hart inquired if the PAFR is required. Dale Coulam stated no. Mayor Hart inquired that aside from Lane Mecham's time to prepare the PAFR, what the expense was. Lane Mecham guessed around $400 but commented that it could be more. Dale Coulam indicated that he thought it was closer to $1000. Council Member Mehr stated that he agreed with Dale Coulam and his perspective, as did the Mayor and City Council.
Policy Statement draft
Dale Coulam indicated that Ivins expert, Randy Larsen was present in the Council room and stated that all of the consultants and non-consultants have spoken about starting with a policy statement so that if there are multiple requests for a PID, the process is outlined and followed. Additionally, all of the information is filed up front so that the City can evaluate the request. The City has been going through this process bit by bit with the Black Desert Resort and many of the things included in the draft PID policy, Black Desert has likely already complied with. The draft would be the outline of how the process gets started. Randy Larsen stated that there are no legal requirement to adopt a policy. It is discretionary for the Council to consider and it can be amended. He recommended that the City have a PID policy in place because it protects the City, sets a framework for the City and developers to follow and creates efficiency and organization. It lets the property owner know in advance what they need to do. The first step for a developer in this process, would be to submit a request to the City. The City can override that at any time, but it gives the property owner some comfort before they spend money on consultants, to get an idea of the City's perception about the project, but there is no guarantee that they will obtain a PID. The draft policy that was before the Mayor and City Council has jointly been gone through by them as Ivins Counsel, as well as Zions Bank as Ivins Financial Advisor and Ivins City Manager/Attorney has provided some customizations to the policy. The important things for the Mayor and Council to know is that if they adopt the policy, that does not give any indication to Black Desert or anyone else that the City will ultimately approve a PID, it just organizes the process as to how a requestor presents information to the City. They had one client who elected not to have a PID policy because their expectation for PIDs was so narrow that they would only do a PID for a commercial project where the property owner would stay in line of being the owner and they are mostly a built-out City and do not have large development potential but most of their clients have adopted a form of policy. Council Member Gordhammer indicated that she was very impressed with the policy and that it was extremely thorough. She inquired if this policy would be retroactive in terms of Black Desert Resort or if it would only be in place for future PID requests. Randy Larsen clarified that the policy would apply to Black Desert because the work that has been done to date will closely comply with the policy and will not cause them to go backwards. Mayor Hart inquired if there was any objection to this policy by Black Desert Resort. Dale Coulam stated no and commented that Black Desert has been anticipating this. The policy also requires that the requestor pay for Ivins experts and Black Desert Resort is willing to do that and execute a retainer agreement with those experts. Most of what is in the policy, Black Desert has met. Mayor Hart commented that the policy seemed very thorough. Council Member McDonald agreed and commented that he has to has to depend on Ivins experts and Dale Coulam because it is critical to get the policy right. Mayor Hart commented that anyone approaching the City to use this tool will have Legal Counsel and Financial Advisors who would understand this. Randy Larsen stated that they may, but not always. He strongly recommended that the City have professionals for the fiduciary duty to the City. Dale Coulam indicated that Hurricane City has adopted a similar policy, as well as several other cities throughout the State of Utah but the draft policy that is before the Mayor and Council, is tailored to Ivins City. Ivins has a TRC (Technical Review Committee) that includes Department Heads and other City Staff and they can serve as the advisory function and that has been included in the policy. They compile the information, work with the developer to understand the project, make recommendations and then the City Council makes the final decision. Mayor Hart inquired of Dale Coulam if he was satisfied that the draft policy was a good document for the City. Dale Coulam stated yes and commented that the City hired the right expert. Mayor Hart referred to the one entity that did not adopt a policy because they were built-out and a PID for that entity would be for something commercial. He commented that Ivins does not have a lot of commercial and even at build-out, would still be a small City and inquired if Randy Larsen would still advise that Ivins have a PID policy. Randy Larsen commented that if Ivins has any potential to receive a PID request from more than one developer, they should have a PID policy in place because it is likely that Ivins will receive more than one PID application. Cody Mitchell agreed. Randy Larsen added that a policy establishes that the property owner will pay for the City's experts and the City's budget is held harmless because of that. Council Member Mehr agreed that the policy was very comprehensive and although he was not excited to go down this road but commented that it made sense to have a PID policy to guard against precedence. He had questions specific to the document and referred to II A regarding "Public Benefit" in the opening paragraph regarding "Components of public benefit to be considered shall include some of the following:" and inquired what was intended with that language. Randy Larsen indicated that if a developer is going to make an application to Ivins, they should consider the public benefit to the City and is intended to be a typical list and not an exhaustive list. The part that the Council wants to be concerned about, is the future home owners in the PID because they are not here yet and at some point they may ask why the City agreed to the PID. It establishes a comfort for the City and is not simply aiding a developer in their financing. If there is no public benefit, that may indicate the potential outcome. Council Member Mehr inquired if a developer could say they have covered number 1 and number 2 and then ignore the rest of the things that are listed. Mayor Hart commented that the incentive for a developer would be to sell the City on the idea of providing the financing tool. Randy Larsen stated that a developer could say that but the developer does not dictate that and the City Council determines whether or not to approve the request. Council Member Mehr referred to the same section under "Evaluation Criteria" and commented that he had a fundamental belief that taxes should be paid by the generation of those mandating, implementing and requiring them to be paid and should not be passed on to a future generation. He referred to 20 year bonds and requested that a fourth criteria be added to the Evaluation Criteria that if the financing period requested is beyond 20 years, then the request would not be considered without justification as to why there is a need to extend the period past 20 years. Randy Larsen indicated that he liked that and inquired what that justification would be. It could be that the bond amortization does not exceed the useful life the benefit being financed. Council Member Mehr stated that was okay with him. He referred to "Disclosure and Reporting Requirements" number 1 e and commented that he liked how that is documented because he also had a fundamental belief that they are all Ivins residents together and equal and they ought to be taxed equally. Some are going to make the argument that this is a benefit and that there is added benefit and in order to finance this, they wanted the PID and he liked that there was an expiration date on it. The way he was reading that paragraph is that it is for the duration of the Districts bonds and when that 20 years is up, or in the event that is longer, those home owners in that future development, the investment is paid for and they are back to being taxed just like everyone else in the Ivins community. Mayor Hart commented that the District actually dissolves. Randy Larsen stated that was correct and indicated that PIDs can only be a capital financing tool. They are a separate entity to take their debt away from the City so that the City does not have any obligation. Once the bonds are paid off, the District expires by its own terms. Part of letter "e" also allows potential buyers to be aware and understand that they'll be paying higher taxes if they buy into the project and typically the bonds pay off sooner than the amortization. Council Member Mehr inquired if a Real Estate Agent could be required to inform potential buyers as well. Randy Larsen indicated that he is involved with some proposed legislation regarding that right now, but without the statutory permission to do that, the City could be in jeopardy for a complaint about impairment of property rights. Dale Coulam referred to Black Desert Resort representing previously that the language regarding the disclosure would be included in the REPC (Real Estate Purchase Contract). Randy Larsen stated that putting that into the REPC is highly recommended and he was comfortable with that. Council Member McDonald inquired if the tax is broken down on the property tax bill. Randy Larsen indicated that it was. It is a specific line item just like the School District and other taxes are shown. Dale Coulam commented that the Council could move to adopt this as amended. Randy Larsen stated that was correct, with the addition of a fourth evaluation criteria as stated previously by Council Member Mehr. Council Member Mehr requested that addition to the evaluation criteria be restated. Randy Larsen indicated that a District issuing bonds shall not be permitted to issue bonds exceeding the weighted average useful life of the improvements to be financed, without justification and to the discretion of the City. Council Member Mehr was okay with that. Mayor Hart inquired if there was a concern as to the length of time for bonds being 30 years. Randy Larsen stated that the majority of these types of development bonds are commonly 30 years but Zions Bank would be involved in evaluating that.
MOTION: Council Member Johnson moved to approve adopting a Policy Statement for evaluating requests for Public Infrastructure Districts (PID) as amended
SECOND: Council Member Gordhammer
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Council Member Mehr clarified that he voted in the affirmative because this policy does not obligate the City in any way to form a District.
Resolution
Council Member McDonald inquired if it was critical for this to be passed tonight. He was trying to understand the changes and had some questions. Dale Coulam stated that it was not critical to pass it tonight, as it would not apply until next fiscal year. The Mayor and other Council Members also had questions and concerns. There was no one in attendance from the Arts Commission to answer or address those. The Mayor and City Council recommended that this agenda item be continued until a representative of the Arts Commission was present.
MOTION: Council Member McDonald moved to continue Resolution No. 2021-01R
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Council Member Gordhammer reported that she spoke to the Snow Canyon State Park Manager regarding the parking issue. As an FYI, visitation to the park is up 41% year over year and that is part of the reason why people are seeing more traffic and cars parked along Snow Canyon Drive. The Manager did not foresee that changing. When Snow Canyon Drive was widened approximately five (5) years ago, the primary reason was to increase safety for cyclists so by allowing vehicles to park on Snow Canyon Drive, that is removing that safety aspect. The Park Manager supported installing no parking signs and has spoken with Chuck Gillette about that Snow Canyon State Park is a pilot for the State online system for paying entrance fees. Regarding the gate being moved, the plans are still ongoing for that and she wanted to ensure that is not creating additional traffic congestion by moving the gate south but the Park is also trying to add a second bypass lane. Council Member Gordhammer inquired if a traffic count is being done because she saw something mounted and if so, she would like that information. She would also like to know when the No Parking signs will be posted. Mayor Hart commented that if it is a safety problem, it will be addressed quickly and he will pass that along.
Council Member Mehr inquired as to an update on the Vista School crossing light project. Mayor Hart commented that he thought that the sign had been ordered but that Chuck Gillette would need to report on that.
Council Member Johnson reported that the Miss Ivins Scholarship pageant is Saturday, February 27, 2021 at 7:00 p.m. in the Hafen Auditorium. Currently they do not have a lot of women signed up for that so if they know of any young woman who is between the ages of 14-17 and lives in Ivins, she encouraged them to let them know and apply because it isn't just a pageant, it's a scholarship pageant with beneficial opportunities.
Council Member Larsen referred to outdoor lighting and thought about some things that the Council can be thinking about - the possibility of adopting two (2) different lighting ordinances, a light buy-back program for people who want to swap out lights and come to the City for financial help. He suggested that there could be some donations from residents and he was happy to donate the first $1000. Regarding street lights, he'd like to get a definite plan to swap out the street lights and provide an education program regarding lighting and how to be a good neighbor with lighting. He would also like to look at the Master Plan and look at making lot sizes bigger. Council Member Johnson stated that some residents have asked her about street lights not working in the old township and were concerned about security. Specifically there is a street light on the corner of where her dad resides that was knocked out by the wind. She let Chuck Gillette know and he called the power company. They were quick to fix the broken piece but the light wasn't fixed so there still is no light. She inquired what residents are supposed to do when they report a light out but is is not fixed. Dale Coulam indicated that he will pass that information along to Rocky Mountain Powers Regional representative that is over this area. Mayor Hart commented on accelerating the replacement of street light is a matter of having the money in the budget to do that.
Council Member McDonald - no report
Mayor Hart reported that he serves on the board of the Water Conservancy District. There is a currently a serious situation in Washington County where the precipitation we need will likely be 40% below that of normal. They are receiving moisture in higher elevations but it is going into ground because the ground is so dry. They are not expecting much in the way of runoff and the reservoirs will likely be between 60 and 70 percent of capacity, but the use over the course of the year will take the reservoirs down to very low levels. It is likely that sometime during this year, they may need to take a look at potential restrictions to retain at least a sufficient supply of water for culinary use.
Dale Coulam reported that he will be providing Open Meetings Training in the near future where they have a lighter agenda.
Council Member Johnson would like the City to consider going back to mailing a paper newsletter because she felt that there are a lot of people, especially the elderly, that are not getting information from the council on things that are going on in the community. The information is there but people aren't easily reading those things. She felt that it was the Council's responsibility to make it easier for residents to know what's going on suggested that the Council go back to the old way of mailing the newsletter. Mayor Hart commented that there's already an option for someone to request that a paper newsletter be mailed to them and stated that it just seemed like such a little thing to request for it to be mailed. Dale Coulam indicated that he will price it out and report back. Council Member Gordhammer inquired as to an update on the meeting that the Mayor and people with Black Desert Resort were going to have with the with the County and the School and inquired if that has happened. Mayor Hart indicated that has not happened yet. They had a meeting set up but had to cancel because one of Black Desert's consultants was not able to get down here but they are still pursuing it.