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
November 3, 2022

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 Council Member Scott, Council Member Mehr, Council Member Johnson, Council Member Murphy, Council Member Anderson, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Building and Zoning Administrator Mike Haycock, Parks and Recreation Director Benny Sorensen, Public Works Director/City Engineer Chuck Gillette, Public Safety Captain Rich Rodgers, Public Safety Sergeant Reed Briggs, Fire Chief Parker, and Deputy City Recorder Sharon Allen.
EXCUSED: None.

Audience: Chris Haddad, Shelley Moeller, Sharon Barton, Sharon Gillespie, Jerry Armstrong, Bryan Pack, Patty Dupre, Chuck and Becky Warren, Judy Gubler and others who did not sign in.

Mayor Hart acknowledged that there was a quorum present

Council Member Mehr led the Flag Salute

Council Member Mehr gave the Invocation

Council Member Anderson disclosed that he was the applicant for 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

Mayor Hart thanked Judy Gubler for facilitating the Town Hall Meetings and devoting her time. She did a commendable job. Judy Gubler reported that everyone who participated in the meetings, agreed with the magnificent surroundings and pretty much with the existing General Plan dated in 2015. She had some handwritten changes on the General Plan for the Council to see. A copy of those notations are available as attachments to this agenda. On the quality of life elements, it was suggested to add magnificent landscapes and views, adding “and views.” Some opinions that she would give were hers but she indicated that most of what she presented was the common and collective vision from the meetings. Each of the groups talked about adding different elements to define the quality of life. Night Sky was brought up at each meeting wherein residents said that the Night Sky was great but they also wanted lighting as it related to Public Safety. Protect the Night Sky by carefully regulating lighting, while also promoting safety for residents. The other suggestion was to be family friendly. That could be lumped into the sense of belonging in the community. It came up often enough that it could be a separate element. Some mentioned a small-town feel, farmland and open pastures were reasons people moved here. Getting into policies and goals, there were some differences. It was important to start with the collective quality of life elements. It was Loud and clear that residents said no more STR (Short-Term Rentals), tourism or RC (Resort Commercial). It is a desire for Ivins to be a bedroom community with no big box commercial or strip commercial. Residents would like to see low profile buildings, more public art, larger landscapes and small gathering places. There was a mix of opinions for a City Center and a Youth/Senior Center with support and opposition. In the second set of meetings, the focus was more on goals with a homework assignment to review Chapter three (3) of the General Plan and then come back with recommendations as it related to goals, objectives, and any changes to the Chapter. It got a little confusing and became a rehash of the first meetings. Mayor Hart made it very clear what the meetings were and why they were being done but some residents came to air their beef and those residents had to be pulled back to the vision, to accomplish the quality of life they all want to see. On residential development, there were concerns with location and design for Multi-Family and open space within or outside of resorts. Residents were aware that there are constraints to tie the hands of local communities by State legislation. One of the things that the Director of the Veterans home plead, was how difficult it was to get employees to work in Ivins due to there not being affordable ways for them to live here. In the first meeting, there was not a lot of support or consideration for attainable housing. One of the needs will be employee housing as a way of supporting what is in Ivins or being developed. In the General Plan there is the history of why RC (Resort Commercial) was so prominent in the existing General Plan and that has been accomplished to a large degree. The history was that RC (Resort Commercial) was the least impactful and a way to secure a tax base for the City. Some residents wanted to talk about water and growth and Mayor explained that is managed by the WCWCD (Washington County Water Conservancy District). Some ideas that don't fit in any category was to have large farm areas, submit plans for future development so that when kids inherit property, there is a plan in place. Another was to increase the room tax. Referring to the first page of Chapter three (3) of the General Plan, she recommended that they remove references to attracting tourism and promoting economic development because that has been accomplished. She also recommended that they remove references to Ivins City being a Resort Destination community. Under recreation she recommended adding to provide recreation facilities including youth sports and pickleball and under recreation center, add a senior center. She also recommended removing the reference to developing the Ivins City Reservoir because that has been accomplished. Council Member Anderson commented that the trail still hasn’t been accomplished. Mayor Hart indicated that there was still work to be done. Judy Gubler stated that there were a lot of comments made about water conservation and recommended moving that to the front of Goal 10. The other item that is believed to have been accomplished was bringing older homes up to standard as service projects. There was a desire for better internet and regarding emergency services, adding language to ensure that new development has adequate safety services. From her personal observations, she had trouble figuring out the anger from the group and worked through it to get everybody on board to talk about the future. Dale Coulam showed undeveloped property, to remind people what areas were being talked about and she observed two (2) groups - the family working group looking at family needs and retirees wanting more of a government, almost a CCR (covenants, conditions and restrictions) approach to government. In the past, there were groups who thought “I was here first so don't do any more ordinances” and the other was “give us more ordinances for cleanup.” Not all residents are always on the same page specifically, but generally residents want to have a good quality of life. In Ivins, residents take for granted the feeling of being safe. It wasn't always that way but that is now a given. Residents have the same vision for the future as it relates to quality of life. The difference is moving forward to keep that common vision. The vision in the General Plan is a chapter. The General Plan is the framework for the future of Ivins City. She has been accused of being biased and she commented that she was because she believed that the plan works but as soon as there is a development application, it all goes out the window. It will be interesting to receive the surveys and hopefully everyone will respond and the the Council may see who the silent majority and vocal minority is. The General Plan is the guiding framework but it is not law and it is not a CC&R. It is the framework for future decisions. There is potential, as she drove through town, there are some great examples of infill development. There was talk about the missing middle between single family, large lots, and apartments. There are some amazing developers in Ivins City that have been in Ivins long before any others. It would be good to pick their brain on what works and what doesn't. Ivins City is blessed with tremendous assets including the Arts community and the Resorts community and discussions included supporting them. Water and growth are critical and need to be addressed. She suggested removing tourism references and including an introductory statement of history as to why RC (Resort Commercial) has been accomplished. The General Plan does not talk about what the vision isn’t, only what it is. The Mayor and City Council thanked Judy for her work and time facilitating the meetings.

Fire Chief Parker provided a written report, a copy of which is available as an attachment to this agenda. He reported that the CERT Program held a meeting with Dave Williams in Ivins participating. Approximately 25 people came out to that meeting and they plan on doing that again in the near future. There were some residents on Praya Drive that needed vegetation removed and a couple of members from the previous Wildland team coordinated and assisted with that. There will be another burn opportunity in Santa Clara at Tobler Park and burning can be done until November 15th. Captain Gabe Runolfson is running special operations, hazmat and the active shooter program and is developing standard operating procedures. Black Desert is continuing to be built and they have asked the Fire Department to do a site walk of the building. The crew ran through a scenario as if someone on top needed medical attention and the crew went through repelling and different procedures. Robert Skinner on Engine 32 reported to a motorcycle fire and a structure fire in a garage involving a car that was extinguished quickly. Packets have been distributed for ISO ratings for Ivins and Santa Clara and one from the communications center. They are 10 page packets. They will officially be completed December 13th and a report will be provided to Dale Coulam and available to the Council after that. He is anticipating the ISO rating to be lower that it is currently.

Benny Sorensen reported that it has been a busy month with Cross Country and Bingo in the Park. This season Ivins did Youth Volleyball and had approximately 58 younger kids participating. The Golf Program is getting started. Flag football went well and Basketball registration is in progress. The Parks Department is working on Tamarisk removal in Kayenta with the desert preservation initiative. The new section of the Ivins cemetery is progressing and paving is all that is left. Two additional rows will likely be added, making 600 new burial plots available in the new section. There hasn't been any issues with vandalism recently. He thanked Council Member Johnson and her family for putting on the haunted house. Council Member Johnson thanked Benny and the Parks Department for helping the Johnson Family set the haunted house up.

Police Captain Rodgers provided a written report, a copy of which is available as an attachment to this agenda. He reported that few Officers have been injured and are on light duty. Officer Ward is the School Resource Officer but covered a day shift starting at 4:00 a.m. and was driving around in Santa Clara on Vineyard Drive when he noticed two people on bikes with a couple of big packages. It looked suspicious to him and it was discovered that the packages were stolen and Officer Ward cited the suspects. They had reports from 14 other homeowners that packages were stolen and through surveillance video, it was determined that the same suspects took part in those thefts and based on that case, they were able to locate several items in a St George case, helping to close that case. He reported that there was an incident involving a vehicle break in where an e-bike and wallet were taken from the car. Officer Ray made contact with the owner and learned that one credit card was used several times and one was at a Maverik. Officer Ray was able to watch the surveillance video showing the suspect buy alcohol and then cross the street going towards some hotels. He was able to track down a vehicle and license plate through more surveillance footage. Officer Ray was able to obtain a search warrant for the vehicle and hotel room in St. George, recovering the e-bike and other items. SCIPD was really busy in September and October with Special Events. The Run Run Reindeer event is in December. Regarding Code Enforcement, they made an assignment to Patrol Officers to cover streets and sidewalks regarding cars and trailers that have been parked for a long time and they have had success in doing that. Officers are taking the opportunity to knock on doors regarding parking violations and if contact cannot be made, the Officer will put a tag on the vehicle, along with a note on the door of the home it looks like the object is parked by. The Ordinance allows for 72 hours but Officers are working with people to get those objects removed or towed. Council Member Anderson inquired about lights that are on 24/7 around houses. Holiday season is approaching so they wont be as noticeable. Captain Rodgers stated that Sergeant Nick Hallman is on Code Enforcement now. Mayor Hart stated that Ivins City has been voted the safest City in the State twice now and Public Safety is the reason.

Mike Haycock stated that the Planning Commission had the same presentation from Judy Gubler and the report for Desert Cliffs Preliminary Plan that the Council has on the agenda tonight.

CITIZEN REQUEST FOR FUTURE AGENDA ITEMS REGARDING ORDINANCES, POLICIES OR OTHER LEGISLATIVE ITEMS Any person wishing to bring a legislative item not otherwise on the Agenda to the attention of the Mayor and City Council may address the City Council at this point by stepping to the microphone and giving their name and address for the record. Citizen Request for Future Agenda Item forms should be filled out in advance and given to the City Recorder. Remarks should be limited to no more than two minutes, unless the Governing Body allocates additional time. The Mayor and City Council will take no action this evening.

4)	PUBLIC HEARING AND ACTION ITEMS --None

5)	DISCUSSION AND POTENTIAL ACTION ITEMS

Council Member Anderson recused himself and sat in the audience. Mike Haycock stated that this subdivision consists of a total of 67 lots on 36.98 acres. The Land Use is Medium Density and ow Density residential. The property is zoned RE-12.5 (Single Family Residential, minimum lot size of 12,500 sq ft) and RE-15 (Single Family Residential, minimum lot size of 15,000 sq ft) with a lot averaging overlay and zones allowed for Medium Density and Low Density residential. The proposed density and use is consistent with land use and zoning. The TRC (Technical Review Committee) reviewed this and recommends approval. Dale Coulam stated that this is on as a presentation but it does not require a Public Hearing because it is a standard subdivision and if the Council would like to act on approving this, they could act on it.

MOTION: Council Member Murphy moved to approve the Planning Commission's recommendation on the Preliminary Plan for Desert Cliffs subdivision, located at approximately Kwavasa Drive between Center Street and 450 North. Kayenta Development Inc-Owner/Applicant.
SECOND: Council Member Johnson

VOTE: The motion carried unanimously.

Mike Haycock stated that they have discussed a height range of 15 to 18 feet. If an owner or builder wanted to go higher than that, they would have to sign a Development Agreement. Council Member Mehr indicated that he did not support any action to change the maximum height. Council Member Johnson stated that she was of the same opinion. Council Member Scott indicated that this was about building color and materials. The Town of Springdale has the approach to drop the building height to allow residential height and then allow a taller home if an owner or developer meets certain design requirements and that is not just for single family homes, but for townhomes as well. They can build up to 17 feet or go even higher, up to 25 feet, if they agree to certain design standards. Ivins would not be asking for something new, just continuing to do what Ivins has been doing for a very long time. Council Member Anderson stated that it is not just height, but color. In May 2021, the Governor took the right to regulate color away from the cities. He moved to Ivins for the ordinances that were in place and he builds subdivisions based on those rights. He has planned and invested everything into those for 20 years. Ivins should protect what it has been protecting and Ivins design guidelines does not change the cost to people. Council Member Murphy inquired what they would be taking away from people. The guidelines have been in place for 20 years. She was against elitist attitudes and what Ivins is saying is that Ivins wants to protect what they have always done and they want the homes to blend in. People moved here for what the look is in Ivins. Council Member Mehr indicated that they would not be taking anything away from anyone but there is the desire to have varied houses and that may go away with this change. Having homes that are only 17 tall will not be welcoming for families. Mayor Hart stated that the frustrating thing is that the legislation regarding this was sold as being an issue of cost, which is nonsense. It doesn't cost any more to use a color that blends, than to have a white house. Communities like Ivins have told the Legislature that it impacts them in a negative way. Ivins mountain backdrop is what draws people to Ivins. Dale Coulam has voiced his concern that Ivins City may be offending the State by taking an action like this. Council Member Mehr indicated that the cost of building a two story house is a tens of thousands of dollars cheaper to build. He sympathized with the sentiment but felt that this was a slippery slope. He understood the comments and he didn't disagree but felt that there had to be a better way to go about this. Mayor Hart stated that the cost aspect of color is a myth. Council Member Johnson indicated that she did not like placing additional regulations on people. Council Member Anderson suggesting requiring a 15 foot flat roof or a 17 foot pitched roof and keep the maximum height of 25 feet for those that abide by Ivins design guidelines. Council Members Johnson and Mehr were opposed. Mayor Hart stated that this would be a Public Hearing.

Dale Coulam stated that they previously acted on the Planning Commission's recommendation on Short-Term Rentals, to prohibit any other Short-Term Rentals and now they are proposing to change the regulations. That should go back with instructions to the Planning Commission, to have them consider what the requirements would be because they are trying to open a new text amendment. Council Member Anderson indicated that their intent was that they needed direction. Dale Coulam clarified that the statute is clear. It begins with the Planning Commission and the City Council can give them some direction or instruction and suggested that Council Member Scott forward his comments to the Planning Commission and ask them to consider tweaking the regulations on these points. Mike Haycock clarified that Short-Term Rental regulations do not apply to Resort Commercial. Mayor Hart stated that they should not open up the Resort Commercial zone. Council Member Scott indicated that in the Resort Commercial Short-Term Rentals, they are allowed but the has not defined them and in the residential zones where they have the overlay. It needs to be revised within the Short-Term Rental Overlay section of Ivins code and others need to comply with the Short-Term Rental Overlay section. Mayor Hart stated that there are differences in the way in that use that VRBO and the group of soccer players coming to stay at a home, is a very different thing and what is allowed in a resort environment. That will be a discussion for a later day.

Mayor Hart indicated that he had a chance at the Townhall meetings to explain that the Washington County Water Conservancy District is in the process of creating a policy of a Will-Serve letter that assigns the necessary amount of water to a development. It translates to Ivins being wholly reliant on the County and we are ignoring the issue of water on developments. It just means water is not an issue that Ivins can use to deny an application. If we did that, without the District telling us they did not have water, then that puts the City in jeopardy of litigation. It will be brought up again but there is a procedure that will take place after the first part of January. The process is that it goes through Preliminary Plan and then the requirement would then be to go to the expense of getting development drawings approved by the City Engineer and then go to the District to obtain the Will-Serve letter. That gives one 18 months to Final Plat. The reason for that is the District is doing what they can from people doing a run on the water. Because we are in a severe drought, water fees are paid by the developer at the time of the Will-Serve letter and the water is attached to those lots. By Final Plat, the are attached permanently to those lots. Right now there is a State imposed requirement for ERUs and not ERC per permit. All of the Virgin River water has been committed. As reservoirs are built, they will hold water and then be released for secondary water., which expands the available water for growth. The Washington County Water Conservancy District takes the existing population and reliable water to take care of exiting residents. Extreme measure that could be taken would be regulating interior water use and rationing of water. If we reach a point where available water has been consumed, a declaration would be made. The Council could continue to receive applications and then the developers are in line for the Will-Serve letters. The Lake Powell pipeline is currently the Lake Powell pipeline dream. Council Member Mehr inquired if there was a cost for the Will-Serve letter. Mayor Hart stated that it is currently $12,000. Council Member Anderson clarified that is paid at the Preliminary Plan stage. Council Member Mehr inquired what the check and balances were that hold the District accountable because they are not elected or appointed. Mayor Hart indicated that they consists of Mayors and Commissioners and the balance is that there are elected officials of the governing the Board and it goes through the Board of Trustees. The Washington County Water Conservancy District is an independent District. It is a Special Service District.

Mayor Hart stated that this was done in a cost-effective way for the City and Judy Gubler loves this City dearly and stepped into the role as the facilitator. The Council has heard her report and the surveys will all be out in the mail soon. The second half of this campaign is sending out the surveys and the City is hoping they can do that without substantial expense but it is a very costly part of the process. An individual that he has known for 20 years and who loves this City and has conducted and done surveys and is capable as any person and willing to volunteer so many hours of time to help Ivins through the survey phase of this campaign is Patty Dupre. Patty Dupre indicated that the City has deep concern that what we do with this, represents all points of view. Mayor Hart stated that when Patty presented the plan to him, built in are two critical safety measures that allow for an audit at any time and for data to be tabulated and organized so that the information is useful to the Council. Patty Dupre indicated that she has lived in Ivins for 19 years , is married to Council Member Mike Scott and she has been retired for 5 years. She can create data base forms, analyze the results and present the results to the City at no charge. Regarding the timeline, she expects the need for a data input person for 10 days to do solid data input and she hopes to do a final analysis after the Thanksgiving holiday and then present the information to the City Council in December. Each survey will have a unique ID with the the area of the City that the survey is coming from and that correlates with the disaster areas in the City. Residents that say they didn't receive the survey can come into the City and they will be coded as someone that did not receive a survey. The City will be hiring temporary help from employment agencies. They will use Microsoft Excel that is password protected and Staff will open that each day and each night it is backed up in a secure location. The data file will be protected from editing. That way the survey and analysis files can be audited at any time. The table shows that the survey asks 103 questions and 98 are 1 to 5 questions. The City will also utilize electronic signs for five (5) days, reminding residents to return their surveys. Mayor Hart stated that on the security standpoint, the data will be on a thumb drive and secured. When the mail comes, the surveys are put in that box and they will have temporary worker do the coding work. With the unique ID on the surveys, there is no way to trace that code back to a specific address and the surveys are postage pre-paid and must be turned inside that envelope. The code is only on the envelope. There is also a watermark on the survey.

Dale Coulam stated is this Resolution is expressing support for Public Safety, which SCIPD is the best in the State and beyond. It is important that Ivins retain the Officers that we have and have spent money on in training them. Ivins City needs to show this support and others entities have passed this increase as well.

MOTION: Council Member Mehr moved to approve Resolution No. 2022-22R, a Resolution of Ivins City, Utah, approving a wage increase for Public Safety
SECOND: Council Member Scott

VOTE: The motion carried unanimously.

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

Council Member Scott stated that the City Council date on March 16th is during Spring Break and suggested that date be changed to March 23rd. The Annual Conference for the Utah League of Cities and Towns in Salt Lake City will be held in September sometime but they do not have a date yet so they can address that in the future.

MOTION: Council Member Scott moved to approve Ordinance No. 2022-15, an Ordinance of Ivins City, Utah, Adopting the City Council Meeting Schedule for the Calendar Year 2023, as amended, moving the March 16th meeting to March 23rd
SECOND: Council Member Anderson

VOTE: The motion carried unanimously.

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

6)	CONSENT AGENDA

MOTION: Council Member Scott moved to approve the City Council Meeting Minutes for September 29, 2022
SECOND: Council Member Johnson

VOTE: The motion carried.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Mehr reported that there is an interfaith devotional on November 14, 2022 regarding the Old Testament, being held at the St George Tabernacle and there will be multi-denominational speakers at the event. It is open to the public and begins at 7:00 p.m.
Council Member Scott reported that there will be a report from the Youth Council at the next City Council to provide an update tot he City Council. The Arts Commission has a couple of candidates to bring forward for appointment at the next meeting as well. He referred to the City Council attending a joint meeting with the City of Santa Clara regarding budgets and thought that they were going to hold another joint meeting in December. The City Council also passed the water conservation ordinance on June 2, 2022 and that was to be reviewed within six within six months and inquired if that should be addressed at the December 1st City Council meeting. Mayor Hart recommended that they hold off on those until after the holidays.
There were no other reports.

Mayor Hart reported that he attended and spoke at a Green Conference, where several of Ivins Staff were in attendance, including Parks and Recreation Supervisor Joseph Rawlinson. Joseph was presenting regarding the Ivins City Hall landscaping and describing how he obtained the Joshua trees.

Dale Coulam reported that Ivins audit is complete and the audit report will be on the next City Council agenda. Cade Visser on behalf of Ivins City has received the GFOA award again. The suggestion was that Ivins City stop applying for that award. GFOA is reviewed by individual volunteers like Cade Visser that are a budget reviewer. GFOA requirements makes the document so complex that it is difficult for the public to read the information that it contains. There is a $300 fee and pages and pages to prove to GFOA that we can tie a number back to something. Going forward that may be overkill and may be counterproductive.

9)	CLOSED MEETING

10)

ADJOURNMENT

MOTION: Council Member Mehr moved to adjourn
SECOND: Council Member Anderson

VOTE: The motion carried unanimously.

The meeting adjourned at 8:23 p.m.

Respectfully,

*Kari D. Jimenez, MMC
Ivins City Recorder

*Deputy City Recorder Sharon Allen was in attendance at this meeting. City Recorder Kari Jimenez prepared these Minutes.

Councilmember Jenny Johnson	AYE
Councilmember Dennis Mehr	AYE
Councilmember Adel Murphy	AYE
Councilmember Mike Scott	AYE
Councilmember Lance Anderson	RECUSE

Councilmember Jenny Johnson	AYE
Councilmember Dennis Mehr	AYE
Councilmember Lance Anderson	AYE
Councilmember Adel Murphy	AYE
Councilmember Mike Scott	AYE

Councilmember Jenny Johnson	AYE
Councilmember Dennis Mehr	AYE
Councilmember Lance Anderson	AYE
Councilmember Adel Murphy	AYE
Councilmember Mike Scott	AYE

Councilmember Jenny Johnson	AYE
Councilmember Lance Anderson	AYE
Councilmember Adel Murphy	AYE
Councilmember Mike Scott	AYE
Councilmember Dennis Mehr	ABSTAIN

Councilmember Jenny Johnson	AYE
Councilmember Dennis Mehr	AYE
Councilmember Lance Anderson	AYE
Councilmember Adel Murphy	AYE
Councilmember Mike Scott	AYE