All present included Mayor Barney,
Council Member Blair,
Council Member Jolley,
Council Member Hart,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
Parks and Recreation Director Benny Sorensen,
and
Public Safety Deputy Director Pete Kuhlmann.
EXCUSED:
Council Member Elwell
Council Member Elwell was ill and was not in attendance.
AUDIENCE: Blaine Imlay, Doug Hafen, Shaun Hafen, Josh Blake, Kent Hafen, Ty Tippets, Cheyne McDonald, Lance Anderson, Mackenzie Wilson, Janice Brooks-Nichter, Valerie Noel Ciardi, Dennis Mehr, Jerry and Lori Harper, Virginia Jones, Glenn and Kathy Ravenberg, Kathy Felt and others who did not sign in.
Council Member Blair led the Flag Salute.
Council Member Blair gave the Invocation.
The Mayor and City Council Members that were present stated they had no conflicts of interest with items on this meeting’s agenda.
Janice Brooks-Nichter came forward and provided an update to the City Council and requested funding from Ivins City in the amount of $300. They Mayor and City Council agreed to the request for funding.
Ty Tippets came forward and provided a handout to the City Council regarding the Mutual Self Help Program. A copy of the handout is available by request through Ivins City Hall. Color Country Community Housing is a non-profit group that assists with housing in Southern Utah. The homes are built by families that are purchasing the homes. The families are required to provide a minimum of 30 hours per week of sweat equity while building the homes. The individuals that help build the homes gain valuable skills. Ivins Vista is a subdivision where Color Country Community Housing will be building homes through this program. The incidents of foreclosure in the homes built through this program are 4 times less than the national average, due to the sweat equity the owners put into the homes and the requirement that the families who participate have good credit. Color Country Community Housing requested Ivins City defer some of the impact fees for the families. Mayor Barney requested Dale Coulam look into the ability to defer some of the impact fees.
Pete Kuhlmann reported that incidents of crime have increased. There will be a crossing guard for the Vista school when it opens on September 10th. The Public Safety Department secured grant funds to update the evidence room with an automated system. An EMT intermediate class will begin on October 12th and run for 6 weeks. The Fire Department has spent the last 5 days, averaging 16 hours a day, assisting with the New Harmony fire.
Benny Sorensen reported Movies in the Park have concluded. There were between 70 and 90 people attending each night the movies were shown. The City is looking at the possibility of a music festival next summer on Friday evenings that highlights teenage musical groups. Flag football starts on September 14th and the City is preparing for Heritage Days in October.
Commissioner Dennis Mehr reported that the Planning Commission recommended approval for a Class V Conditional Use Permit for Crescent Moon. The application is for a mixed use overlay located in Kayenta, which will be going forward to the City Council. The Planning Commission continued to discuss the City zoning ordinance. They intend to identify all of the uses to be considered for Ivins and then address each of those uses.
Kevin Rudd indicated this is a re-application of an existing subdivision. Staff has reviewed this application and recommends approval. Mayor Barney opened the Public Hearing.
There being no comments, Mayor Barney closed the Public Hearing.
MOTION: Council Member Blair moved to approve the Amended Preliminary Plan for Ivins View Subdivision located at approximately 400 South and 50 West.
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Kevin Rudd indicated the owner is proposing a corral or corrals and a future home. The land is currently zoned RE-20 and RE-15. The subdivision that was going to be developed on this property was previously approved but was never recorded with the Washington County Recorder’s Office. The land subsequently went into foreclosure and is now owned by Ronald Blake. Mr. Blake is requesting zone changes that would allow agricultural use on this property. Mayor Barney opened the Public Hearing.
Attorney Russell Gallian came forward and spoke. He is the Attorney for Ronald Blake. He indicated that the proposed zone changes are allowed under the Ivins City Land Use Plan and the General Plan supports the conservation of agricultural land. The proposed zone change would provide an opportunity to allow the restoration of agricultural land. It would be important to allow the corrals and farm equipment to be stored on the land. There would be approximately 20 head of cattle for a 3 month period and a few head of cattle during the year for private use. Blaine Imlay came forward and spoke. He indicated he is representing the Hafen family. Their concern is 200 South street will not be able to continue through the property if a corral is located where the street was proposed to go through. They are also concerned with the placement of a corral or corrals due to the smell, flies and dust that animals in the corral(s) would cause. The existing home owners that live around that property are going to have to live with those problems. He requested that the City deny the placement of corral(s). Lance Anderson came forward and inquired as to the number of total acres and the ability for the owners to grow hay and raise cattle if the property is less than 5 acres. The parcel adjacent to 600 West would be 4.92 acres if the requested zone changes are approved. Kevin Rudd indicated that if the property is reduced down to less than 5 acres, an individual would only be allowed 2 large animals per acre. Ronald Blake came forward and spoke. He is the owner of the property and the individual requesting the zone changes. He indicated that the neighbors do not want a subdivision on the land. Mayor Barney inquired about the road for 200 South. Kevin Rudd stated that the road will be built when development occurs and the City doesn’t want a permanent structure on or near 200 South. There is no dedicated or platted road for 200 South. Council Member Rusick inquired how far the proposed corral(s) will be from the future home and from the proposed homes in Cielo Vista. Kevin Rudd indicated approximately 200 feet from Cielo Vista. Ivins current ordinance does not require a minimum distance for placement of corrals near homes. If the homeowner wants to build their home close to corrals, they are allowed to do that. Dennis Mehr came forward and spoke as a citizen and not as Chairman of the Planning Commission and stated he is in support of the zone changes and indicated the zone changes are consistent with the General Plan. Mayor Barney closed the Public Hearing.
The City Council Members inquired as to the existence of an easement for 200 South, accessing Mr. Blake’s property on the residential road that goes through the Cielo Vista subdivision and the problems that may occur with bringing cattle and equipment through there and Lance Anderson’s concern with how the zone changes may affect 600 West. Kevin Rudd indicated there is no current easement for 200 South and the Transportation Master Plan depicts a straight road going through the property. Regarding access to Mr. Blake’s property through the subdivision, that street is public and the City cannot prohibit Mr. Blake from using that street to drive a tractor, truck and the like on a public street. The City can address keeping public streets clean. Kevin Rudd indicated it’s possible that Lance’s concern is that 600 West is the gateway into Kayenta and Lance would likely rather see a hayfield than a corral or corrals adjacent to 600 West. Council Member Rusick stated she would hope the owners could come together and find an alternative placement of the corral but that it is not the City’s duty to decide that. Council Member Blair is in favor of the proposed zone changes and indicated it is a good use with the current market.
MOTION: Council Member Blair moved to approve Ordinance No. 2009-11 "An Ordinance of Ivins City, Utah, Approving a Zone Change from RE-20 (Res. Estates Min. 20,000 Sq. Ft.) and RE-15 (Res. Estates Min. 15,000 Sq. Ft.) to RA-1 (Res. Agriculture Min. 1-Acre) for property located between 450 West to 600 West on 200 South
SECOND: Council Member Rusick
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Mayor Barney indicated he recommends that Tami Moody be appointed as the City Treasurer based her qualifications and the information provided in the memo. A copy of the memo is available by request through Ivins City Hall.
MOTION: Council Member Rusick moved to approve Resolution No. 2009-18R "A Resolution of Ivins City, Utah, Appointing City Treasurer Tami Moody
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
The Mayor and City Council Members reviewed and discussed potential changes to the Resolution. Council Member Hart referred to page 1, paragraph B(2)(b) regarding who on the City Council may request an item to be reconsidered. He indicated that any City Council Member ought to be able to bring a matter forward for reconsideration. The Mayor and other City Council Members disagreed. Dale Coulam referred to Roberts Rules of Order and clarified that the purpose of only allowing a City Council Member that voted with the majority to bring a matter forward for reconsideration, is to ensure the City Council bases the reconsideration on sufficient grounds and not on the emotion of a minority member of the City Council that was out-voted. Mayor Barney stated the City Council Member that was out-voted has the option of convincing one of the City Council Members that voted in the majority, to bring an item back for reconsideration. Council Member Hart indicated that in a Public Hearing it isn’t always possible to cycle through all of the information that is provided and then make an adequate decision or recommendation after the Public Hearing. Dale Coulam suggested in that case, the matter should be tabled.
MOTION: Council Member Rusick moved to approve Resolution No. 2009-19R "A Resolution of Ivins City, Utah, Establishing Procedures for Reconsideration of City Council Decisions, as amended
SECOND: Council Member Jolley
VOTE: The motion carried.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Rusick |
AYE |
| Council Member Hart |
NAY |
| Council Member Elwell |
ABSENT |
Roll call vote. Three Council Members voted in favor, one Council Member opposed and one Council Member was absent. The Resolution passed three to one.
Mayor Barney indicated that the individuals that previously submitted a Citizen Comment are now present. Glenn and Kathy Ravenberg arrived at 7:00 p.m.
Kathy Ravenberg of 1026 Raven Court in Padre Canyon came forward and spoke. She is an Artist that carves Santa Clause figurines and other objects. The Dixie Today Newspaper ran an article on her. She handed out a copy of the article to the City Council Members. A copy of the article is available by request through Ivins City Hall. She indicated that immediately after the article ran, she was contacted by the City and told she was in violation of a City Ordinance and that she was required to have a Home Occupation Business License. She indicated that she does not do business from her home. She sells her art at shows and pled with the City Council to allow artists, hobbyists and craftspeople to be exempt from obtaining a Home Occupation permit. The City Council determined this matter would be addressed as an agenda item at the City Council meeting. Kathy Ravenberg inquired if she was allowed to continue to sell her work at the Tuacahn market in the meantime and the Mayor indicated that she could.
MOTION: Council Member Rusick moved put this on as an agenda item
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
ABSENT |
Judy Gubler requested clarification of what the review would be. The Mayor and City Council determined the review would be of the business license ordinance as it applies to hobbyists.
Council Member Elwell - excused
Council Member Blair reported that the Water Conservancy District conducted a field trip that Council Members Blair and Hart attended. The field trip included the water treatment plant, Kolob Reservoir and Crystal Creek. The waterline is 9 miles long and is all gravity flow water over the mountain. It was a very informative and interesting field trip.
Council Member Jolley - no report.
Council Member Hart had a clarification on how an Eagle Scout project is approved. Judy Gubler indicated the Eagle Scout meets with the Department Head and then it is brought to the City Council.
Council Member Rusick - no report.
Mayor Barney received information from the Solid Waste District regarding the Agreement with Allied Waste starts on Jan. 1, 2010. The new fee schedule will need to be implemented by ordinance. Mayor Barney received a letter from resident Joyce Jolley regarding the storm drain fee and an SID. Judy Gubler will speak with Ms. Jolley to explain the storm drain fee.
Judy Gubler reported that the horses for roundabout have arrived and they are extraordinary. The dedication may be in October and when the horses are dedicated, the focus should be on how the artist did the research, what he did and why he did it. The Sculptor is Ed Hlavka and there are a total of 5 horses. The horses will be imbedded in concrete. Judy addressed the Citizen Comment that was made tonight regarding the Home Occupation license and indicated that Staff worked hard and spent a lot of time to explain the ordinance for Home Occupation licenses. The citizen spoke and the City Council gave the citizen permission to violate the ordinance. The ordinance covers individuals selling items. Dale Coulam indicated that until a law is changed as written, a violation shouldn’t be allowed. Mayor Barney indicated allowing the violation was his mistake and he apologized. Dale Coulam referred to Chapter 4 of the ordinance and indicated that he receives a report from the State of Utah and compares it with the business licenses in the City and that is how this situation came to his attention. As the ordinance is currently written, it is being applied. He suggested the City Council think about how the City defines businesses and how the ordinance will be applied city wide. Council Member Rusick is interested in knowing how many Home Occupation artist licenses there are in Ivins.
Dale Coulam reported that is has been nice having Alan Rae on board. Alan has been working with the Auditors during the audit and is familiar with the accounting firm that is performing the audit. Dale indicated that the audit is going well and thanked the City Council for appointing Tami Moody as the City Treasurer. She has done a tremendous job filling in and has a great understanding of banking relationships.
| E. |
Items to be placed on future agendas |