All present included Mayor Hart, Council Member McDonald, Council Member Jolley, Council Member Roberts, Council Member Rusick, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, Director of Public Safety Bob Flowers, and Building and Zoning Administrator Kevin Rudd.
EXCUSED: Council Member ElwellAudience: Angelo DiSante, Steve Marshall, Lisa Rutherford, Jim Craig, Lance Anderson, Dennis Mehr and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute Council Member Rusick led the Flag Salute
C. Invocation Council Member Jolley gave the Invocation
D. Disclosures Mayor Hart disclosed that he is a partner in an entity that has developed in Ivins as it relates to item 3)B on the agenda. There were no other conflicts of interest or disclosures.
A. Department Reports: Parks and Recreation and Public Safety Judy Gubler provided a written report on behalf of Benny Sorensen who is attending to the City basketball program tonight. A copy of the report is available by request through Ivins City Hall.
Chief Flowers reported the Fire Department went through an extensive inspection of its fire equipment and everything passed. The Police Department was notified a few weeks ago that the Department would be receiving a grant for seventy-five hundred dollars ($7500.00). The Department intends to purchase helmets, vests and other protective equipment with the grant money. For the last seven (7) or eight (8) months in 2009, the Animal Shelter took in two hundred fifty-eight (258) animals and in 2010 the Animal Shelter took in five hundred fourteen (514) animals. He thanked Linda Elwell and others who worked extremely hard with getting the animals adopted. There is a dollar value of over forty-thousand dollars ($40,000.00) for food and volunteer hours donated to the Animal Shelter and for the spay/neuter programs donated by FIAS (Friends of Ivins Animal Shelter).
B. Planning Commission Report Commissioner Scott reported on behalf of Chairman Mehr. The Planning Commission is working on two draft ordinances for the City Council’s consideration. One is on the issue of beekeeping and the other is regarding commercial zoning. Commissioner Scott invited the City Council Members to the Planning Commission’s Work Meeting on January 18, 2011 at 5:30 p.m. where owners of commercial businesses may also be in attendance to discuss commercial zoning.
A. Public Hearing to Consider the Planning Commission’s Recommendation to Amend Section 16.11.134 of the Ivins City Code Regarding Site Grading and Drainage Kevin Rudd indicated there were some concerned citizens that brought this issue forward approximately six (6) months ago and the City Council directed the Planning Commission to review this issue. The Planning Commission has been working on the ordinance which is before the City Council tonight for consideration. Mr. Rudd referred to the changes in the ordinance, which are outlined in red. A copy of the ordinance is available by request through Ivins City Hall. Kevin Rudd stated that if this ordinance is passed, it will have an impact on developers and it will increase development costs for a developer. Mr. Rudd wanted it to be clear that for a lot that is ten thousand (10,000) square feet or less, there is nothing the City is going to be able to do to lessen the impact of individuals losing their views when homes are built. Mayor Hart opened the Public Hearing.Charles Best is a resident of Ivins, a professional landscaper and previously served on the Ivins City Planning Commission. He indicated that with the smaller lots the biggest problem he can see is the retaining wall requirement. If there is also a requirement to step down from the retaining wall a few feet, there will be a very small backyard or an area where a deck can be built and it would overlook the neighbor’s backyard. Going south to north in Ivins the grade increases and if there is home that faces north with the backyard to the south, how is the water going to be removed from that backyard and if there is a two foot (2’) step down, where is the water going to run? Unless the water is exiting to the left or right of the backyard through a drainage system, it will be difficult to drain those backyards. He indicated it is a "buyer beware" situation. A buyer should be looking at what is going on around them. If a buyer purchases in a subdivision and it backs commercial, the buyer shouldn’t be upset when a grocery store is built in their backyard. Buyers need to look at what the plan is and what the elevation is. If the current ordinance passes, the City needs to address what is going to be required for drainage. Council Member Roberts inquired as to Mr. Best’s recommendation to mitigate the situation. Charles Best responded that the overall grade should be addressed from the beginning, although that would likely be a lot of soil removal for the developers. On a subdivision that goes from south to north, the developers may be cutting a lot more from the north side in order to keep the development level or there will be a situation where the subdivision will need to be planned better and only allow a two foot (2’) step where the homes back up to each other. In some areas that would still be prohibitive. In a Planned Unit Development (PUD) the common areas may need to be on the perimeter in order to get the setback far enough back and incorporate grade in the playground area.Angelo DiSante resides in Amber Estates and referred to photos he previously provided to the City Council. A copy of the photos are available by request through Ivins City Hall. He stated that his view is being obstructed by homes being built in Sun Crest West and the owners along the northern wall are being adversely impacted. He requested that his emails that were sent to the Planning Commission on March 29, 2010, August 25, 2010 and his comments at the Planning Commission’s Public Hearing on December 14, 2010 be part of the record for the City Council Public Hearing tonight. He assumed that information provided to the Planning Commission is forwarded on to the City Council. Dale Coulam clarified that during a Public Hearing at the Planning Commission, items that are submitted are part of the Planning Commission Minutes and are available by request. The City Council can go back and research everything that was provided to the Planning Commission but as a standard practice not everything that is presented to a Planning Commission is automatically forwarded to the City Council. The City Council does not review every step or every piece of evidence that the Planning Commission considers. The City Council takes the recommendation of the Planning Commission and then holds its own Public Hearings where the City Council considers current evidence.
Angelo DiSante indicated he is not sure that this ordinance is going to make a significant change for future developments. Water is not being diverted as it should be and suggested gutters be required on elevated lots for future developments. He suggested shortening the roads in a subdivision rather than having long streets and including more east to west streets to assist with drainage. He suggested a Courtesy Notice be sent to the affected property owners and to include a provision in the ordinance that provides for a maximum building height of twenty-five (25’) from natural building grade when there is a fill of no more than two feet (2’) and a maximum building height of eighteen feet (18’) from the elevated grade if there is a fill of more than two feet (2’).
Lisa Rutherford agreed with a lot of what Mr. DiSante stated. She referred to the terracing from the starting grade and if the land is sloping upward to start out with and inquired why fill needs to be added if a slope is already there. If that is allowed it seems that would adversely impact views.
Lance Anderson referred to section (4)(c) regarding cuts and had a concern due to Kayenta digging deeper and using higher retaining walls which helps keep the heights of the homes down. There is one home in Kayenta that currently has a twelve foot (12’) retaining wall for this purpose. He would like section (6)(c) clarified regarding drainage. In Kayenta the water runs naturally on the site as long as the water is not accelerated from one property to another and the natural vegetation and sand generally absorbs the water. He referred to section (7) pad elevations and requiring retaining walls for eleven thousand (11,000) square foot lots or smaller if the lots vary more than two feet (2’) and stated that it depends on how the lots are landscaped and would not want the retaining wall requirement. Mayor Hart closed the Public Hearing.Mayor Hart closed the Public Hearing. Mayor Hart indicated this is an issue that is extremely difficult to regulate and the ordinance will have a significant impact on owners and/or developers if it is passed. Ivins landscape is a continual grade and the City needs to be careful to not legislate an impossible geometry. Even with the changes to the draft ordinance, views will still be obstructed. The reality is that views in a smaller lot environment will be obstructed by the building of other homes. Mayor Hart indicated the City Council may want to consider having some more detailed drawings done that would actually show an extended slope ranging from two to five percent (2-5%), include the roads in the drawing and look at how the ordinance as drafted would work in those situations.
B. Discuss and Consider Approval of Ordinance No. 2010-19, an Ordinance of Ivins City, Utah, Amending Section 16.11.134 of the Ivins City Code Regarding Site Grading and Drainage Council Member Rusick indicated it may be beneficial for the City Council to hold a Work Meeting to discuss this further. The Mayor and City Council agreed. A Work Meeting will be held on Tuesday, January 18, 2011 following the Planning Commission’s Work Meeting. Council Member McDonald and Council Member Roberts are concerned with the potential impact on developers and would like input from the City Engineer and from developers. Council Member McDonald would also like to address setbacks when fill is required.
MOTION: Council Member Jolley moved to table item 3)B to Discuss and Consider Approval of Ordinance No. 2010-19, an Ordinance of Ivins City, Utah, Amending Section 16.11.134 of the Ivins City Code Regarding Site Grading and Drainage and schedule a Work Meeting to discuss this further
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
Steve Marshall submitted a Citizen Comment regarding a bike path that is planned to be on the east side of 200 East from 200 North to 400 North. Mr. Marshall indicated some of the neighbors have signed a petition against the bike path due to safety and equality concerns. He read from the petition, a copy which is available by request through Ivins City Hall. Judy Gubler indicated the path is part of the General Plan and the process to change that would be to submit a General Plan Amendment along with the $1,000.00 fee. Rather than doing an amendment of the entire plan, she suggested the City Council direct Staff to work with the property owners to see if there is another alternative that would meet the needs and desires of the owners and still meet the objectives of the Master Plan. The Mayor and City Council agreed.
Mayor Hart explained at the City Council meeting on December 16, 2010 that the BLM (Bureau of Land Management) prefers to have the land granted permanently to the Southern Utah Shooting Sports Park Agency rather than it being leased. In order to do that, the Interlocal Cooperation Agreement needs to be dissolved. A Special Service District will be created in the future where the property will be held by the County and administered like other service districts.
MOTION: Council Member Roberts moved to approve Resolution No. 2011-01R, a Resolution of Ivins City, Utah Approving Termination of the Interlocal Cooperation Agreement Providing for the Creation and Operation of the Southern Utah Shooting Sports Park Agency
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
Roll call vote. All Council Members voted in favor.
MOTION: Council Member Jolley moved to approve Consent Agenda items A, B, C, D and E
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
A. Approval of IT Managed Services Request for Proposals
B. Approval of Expenditure of City Hall Photovoltaic Solar System Project
C. Approval of Expenditure of Structural Improvements to the City Yard Parking Structure
D. Approval of Meeting Minutes for December 16, 2010
E. Approval of Expenditure to Neilson Automotive, Inc. in the amount of $5,051.50 to Replace Motor in the 2002 Ford Patrol Vehicle
| 7) | CONSENT AGENDA ITEMS FOR DISCUSSION |
| 8) | REPORTS |
A. Council Council Member Rusick - no report
Council Member Roberts - no report
Council Member Jolley - no report
Council Member McDonald - no report
B. Mayor Mayor Hart provided an article from the Reader’s Digest regarding a potential to receive funding for the City. A copy of the Readers Digest article is available by request through Ivins City Hall. Council Member Rusick indicated this challenge is similar to the animal shelter challenge that she previously emailed to the Mayor. The Mayor and City Council agreed that the information should be included in the newsletter. The Mayor will prepare a draft for the newsletter.
Mayor Hart referred to the Rocky Mountain Blue Sky Community Challenge discussed at the December 16, 2010 City Council meeting and inquired if public money was not being used, if the Council would be amenable to discussing the challenge on a future agenda. He suggested the residents that are already participating in the program donate an extra dollar a month to cover the cost of the City’s participation in the program. The City Council agreed to discuss this on a future agenda. Mayor Hart reported that there will be a neighborhood meeting regarding the SAA (Special Assessment Area) on Thursday, January 13, 2011 at Red Mountain Elementary. The grand opening for the new St. George airport is January 12, 2011.
C. City Manager, Judy Gubler Judy Gubler reported that the sale of Pond Park and the purchase of the property on Center Street is progressing. The Pond Park Boundary Line Settlement Agreement with Bill and Emma Fife has been signed and taken to the County to be recorded. Judy reminded those that have registered for the Economic Summit that it will be held on Wednesday, January 12, 2011. Council Member Jolley referred to the sidewalk improvements Santa Clara is installing near Lava Ridge Intermediate School and connecting to Ivins sidewalks. He is concerned that there may not be any streetlights. Judy Gubler indicated she does not believe Santa Clara intends to light the area. Santa Clara originally indicated the improvements were expected to be complete by the end of December, 2010 but they are now indicating they will be complete by the end of January, 2011. Judy provided a letter to the City Council regarding a compliment and a two hundred dollar ($200.00) donation the Public Safety Department received. A copy of the letter is available by request through Ivins City Hall.
D. City Attorney, Dale Coulam No report
E. Items to be placed on future agendas Judy indicated in many cities property owners are responsible for maintaining the property in front of their home. There is no requirement in Ivins and the City is required to maintain the weeds and anything else in the easement. She inquired if the Council would like to discuss this issue on a future agenda. The Mayor and City Council agreed.
| 9) | CLOSED MEETING |
| 10) | ADJOURNMENT |
MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
Council Member McDonald AYE Council Member Jolley AYE Council Member Roberts AYE Council Member Rusick AYE Council Member Elwell ABSENT
The meeting adjourned at 7:20 p.m.
Respectfully,
Kari D. Jimenez, CMC
Ivins City Recorder