Copy of the City of Ivins record for City Council, preserved by
OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
IVINS
CITY COUNCIL
MINUTES
March 17, 2011
MAYOR AND COUNCIL: The meeting was called to order at
5:30 p.m. and announced there was a quorum present.
All present included Mayor Hart,
Council Member Elwell,
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,
Building and Zoning Administrator Kevin Rudd,
Director of Public Works Dave Glenn,
and
City Engineer Chuck Gillette.
EXCUSED: None.
Audience: Angelo DiSante, Lance Anderson and others who did not sign in.
Council Member Rusick led the Flag Salute
Mayor Hart gave the Invocation
Mayor Hart and Council Member Roberts disclosed that they are business license holders as it relates to agenda item 5)B. There were no other disclosures or conflicts of interest with items on this meeting’s agenda.
Mayor Hart welcomed Boy Scout Jordan Trumball. Jordan Trumball indicated he is working on his Eagle Scout Project and has received preliminary approval from the Public Safety Department to register bicycles. His Scout Troop number is 1813 and he and his troop have registered 79 bikes thus far. If a bike is lost or stolen there is a record with the Public Safety Department. Council Member Jolley indicated the City wide Easter Egg Hunt would be a good function for additional bikes to be registered.
Kevin Rudd reported Fitness Ridge is moving forward with the gymnasium. The height of the gymnasium will be thirty-two feet (32’) which is three feet (3’) under the maximum height allowed. The City has issued thirteen (13) single family residential building permits since the first of the year. The Sensitive Lands Committee met several times over the last two months and will be meeting again this month.
Dave Glenn provided a Summary of Operations report and a Water Usage Comparison to the City Council. Copies of these reports are available by request through Ivins City Hall. The Historic Township Improvements are progressing with the relocation of gas and phone lines being done ahead of the construction. The waterline on 100 West is complete and now in service and the waterline on 100 South is being replaced. Curb and gutter will be installed and completed on Friday, March 18th from 200 South to Center Street on 100 West, the north side of 100 North and on 300 North. It is anticipated that paving of 100 West between 200 South and Center and all of the east/west streets up to and including 350 North will occur within the next week. The Transportation Expo was held last week and there were approximately 450-500 attendees. Some of the attendees visited the Ivins booth and they were very complimentary of the Snow Canyon/Tuacahn roundabout. The Utah Department of Transportation (UDOT) will be in Washington County for their annual visit on Wednesday, March 23, 2011.
Chuck Gillette provided a written report to the City Council, a copy of which is available by request through Ivins City Hall. It is anticipated that the panels for the solar project will be installed on the City Hall parking structure and on the City Hall parking structure and on the Fire Station the week of March 21, 2011.
John Reed reported that the Planning Commission approved an amended final plat for Taviawk Phase Seven (7) and a final plat for Casitas at the Ridge Phase One (1). The Planning Commission held a Public Hearing to Amend Ivins City Code to allow Beekeeping as a Conditional Use and have forwarded that issue to the City Council with a recommendation to approve. The Planning Commission also continued discussing commercial zoning.
| 3) |
PUBLIC HEARING AND ACTION ITEMS - NONE |
| 4) |
CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE |
Chuck Gillette provided illustrations that demonstrate the current ordinance and Kevin Rudd provided photographs that illustrate various methods of slope change between lots. A copy of the illustrations and photos are available by request through Ivins City Hall. Chuck provided the following slopes and corresponding grade differences:
1% slope - 2.5 foot grade difference; 2% slope - 5.0 foot grade difference; 3% slope - 7.5 foot grade difference which requires terracing at this slope and greater; 4% slope - 10 foot grade difference; and 5% slope - 12.5 foot grade difference from natural grade. The Mayor and City Council discussed height and elevation differences at varying slopes, fill, terracing, retaining and privacy walls, the separation distance for the terraces and who is to maintain those areas and whether or not a neighbors consent should be required for a wall height over six feet (6’) from natural grade. Council Member McDonald said he struggles with this ordinance and thought maybe the ordinance should go back to the Planning Commission with different recommendations or leave it as it is. Mayor Hart is not sure what more the Planning Commission could do and stated that another option for the Council would be to adopt the ordinance that the Planning Commission originally forwarded to the City Council. The Planning Commission’s version is more restrictive than the current ordinance. Council Member Elwell stated the Planning Commission has done a great job and indicated the decision is between leaving the current ordinance as it is or changing it to what was recommended by the Planning Commission. Mayor Hart referred to the neighbor consent requirement and indicated he would like to see that removed from the ordinance. The height and fill should be determined on what is allowed. Kevin Rudd stated he agrees with removing the neighbor consent and that a maximum wall and fill height needs to be determined. The amount of fill needs to comply with the IBC (International Building Code) to address flooding. Council Member Rusick suggested it is reasonable for someone to put in a six foot (6’) wall from natural grade unless the neighbor agrees to a higher height.
The Mayor and City Council determined they would like to review the ordinance they currently have in their electronic agendas along with the ordinance originally provided by the Planning Commission and the existing ordinance currently in effect. Dale Coulam provided the Mayor and City Council with the Planning Commission’s version of the ordinance and the existing ordinance currently in effect.
MOTION: Council Member McDonald moved to continue this discussion to the next available City Council meeting, 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
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Council Member Roberts is okay with December 31st being the cut off date for renewing but suggested there be a thirty (30) day grace period. After January 1st, an additional fee would be required to renew the business license but an individual would not need to reapply for a business license. After January 31st an individual would be required to reapply for a business license. The Mayor and City Council agreed and requested the amended ordinance be addressed at the next City Council meeting.
Council Member Jolley indicated at times there is a fourth winner of the Princess Pageant, that being Miss Congeniality. Sometimes that individual is the Princess or one of the Attendants and that individual generally attends all of the events. He would like that individual to be awarded if possible. Council Member Elwell suggested that if Miss Congeniality is someone other than the Princess or one of the Attendants, a scholarship in the amount of $250.00 be awarded to Miss Congeniality. The Mayor and other City Council members agreed. The total scholarship budget for the Princess Pageant is $2,250.00. Council Member Rusick referred to the first paragraph and suggested it read "WHEREAS, the Ivins City Council desires to establish a scholarship to be awarded each year in which a Princess Pageant is held and to those young women who serve as Princess, First Attendant, Second Attendant and Miss Congeniality." She also suggested adding additional wording regarding the additional $250.00 to be awarded to Miss Congeniality and the word "woman" should be changed to "women" plural in the third paragraph of the NOW THEREFORE section.
MOTION: Council Member Jolley moved to approve Resolution No. 2011-06R, a Resolution of Ivins City, Utah, as amended
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Mayor Hart recommended that the City Council reappoint Todd Benson for a term of five (5) years. The Council agreed.
MOTION: Council Member Elwell moved to approve Resolution No. 2011-07R, a Resolution of Ivins City, Utah, Re-Appointing A Planning Commission Member, Todd Benson, to a five year appointment to April 1, 2016
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Judy Gubler indicated the School District has approved this agreement. Council Member Rusick referred to paragraph three (3) and indicated there is no time frame outlined that requires the School District to either build a school or sale of the property. She is concerned that the City will not receive any interest on the money that is owed but will have paid for the School District’s portion of the improvements up front. Judy Gubler indicated the School District is not required to put in the improvements until they develop and the City will have the benefit of the improvements prior to the development. Council Member Rusick referred to paragraph five (5) and indicated the word "fees" should be added after the word "attorney’s" so it reads in part "...reasonable attorney’s fees incurred..."
MOTION: Council Member McDonald moved to approve the Road Improvement Agreement between Ivins City and the Washington County School District
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| G. |
Discuss and Consider Memorandum of Understanding with Fitness Ridge regarding Payment of Park Impact Fees and Transient Room Taxes for the "Casitas at the Ridge" |
MOTION: Council Member McDonald moved to table items F & G
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Judy Gubler provided the Fitness Festival Budget for 2011 to the City Council, a copy of which is available by request through Ivins City Hall. Council Member Rusick requested the accounting from last years festival and indicated that if the Council approves a budget for various festivals, the Council should receive a report shortly after the event occurs. Judy Gubler indicated she will provide that information to the City Council.
MOTION: Council Member Rusick moved to approve the 2011 Fitness Festival Budget in a total net cost of $6,155.00
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| A. |
Approval of Meeting Minutes for March 3, 2011 |
MOTION: Council Member Jolley moved to approve the Consent Agenda
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| 7) |
CONSENT AGENDA ITEMS FOR DISCUSSION |
Council Member Elwell - no report
Council Member McDonald - no report
Council Member Jolley - no report
Council Member Roberts - no report
Council Member Rusick reported she was unable to attend the Southwest Mosquito Abatement District’s meeting but indicated she will email the minutes to the Council. Council Member Rusick provided information to the Council regarding an eSMART summer camp. A copy of the information is available by request through Ivins City Hall. The camp is for 7th grade girls and focuses on math and science. The woman who is president of the sponsoring organization, AAUW, is from Ivins. Council Member Jolley indicated the camp has been advertised at Lava Ridge Intermediate School.
Mayor Hart publically thanked those involved on the site selection committee with regard to the location of the Veterans Affairs Care Center that is expected to be built in Ivins. The project will consist of 108 beds, be approximately 100,000 square feet in size on one level, employ between 130-150 full-time and part-time employees and have a payroll consisting of over 4 million dollars a year. It will take approximately one (1) year to construct and will create 100-200 construction jobs over the one (1) year period. One percent (1%) of their budget is mandated to be spent on art which will be a great opportunity for the local art community. Mayor Hart attended a DTEC (Dixie Transportation Executive Council) meeting. The great northern corridor has been moved into phase one (1) on the list of priorities which means the parkway that will begin at mile marker 13, will be in place within the next ten (10) years.
Judy Gubler reported the sale of the Pond Park land and the purchase of the property on Center Street are moving ahead. Regarding the location of the Veterans care facility, a Public Hearing is required for the land donation and will be held at one of the City Council meetings in April. At the Planning Commission meeting there was a discussion regarding what is to be part of the public record. Council Member Rusick indicated if there is a specific request to include something, it should be included. The Council should have the benefit of everything that goes to the City. Dale Coulam inquired if the Council would like everything after a Public Hearing is noticed or everything including mail because a lot can change before the Public Hearing stage when it is opened up for public comment. Generally he would consider anything that is made during the Public Hearing comment period to be part of the Public Hearing record. It would not generally include, unless somebody specifically requests, prior correspondence sent either to the City Council or the Planning Commission body because that is not part of an open Public Hearing. Council Member Rusick asked that all correspondence addressed to the City Council be forwarded to them. Dale Coulam requested a point of clarification. All mail addressed to the Mayor, City Council or Planning Commission is delivered. But to become part of the record for a Public Hearing it would only include comments received after a Public Hearing has been noticed. Judy Gubler indicated she has received volumes of information regarding the beekeeping issue, most of which has been addressed to her, the Mayor or the Planning Commission. Council Member Rusick stated she is ok if the City Council is receiving everything that goes to City Hall that is addressed to the City Council and if someone specifically requests something be part of the record, that be included.
No report
| E. |
Items to be placed on future agendas - NONE |
MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
The meeting adjourned at 7:40 p.m.
Respectfully,
Kari D. Jimenez, CMC
City Recorder