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,
City Engineer Chuck Gillette,
Parks and Recreation Director Benny Sorensen,
Director of Public Safety Bob Flowers,
and
Building and Zoning Administrator Kevin Rudd.
EXCUSED: None.
Audience: Barbara Kay Jacques, Carina Johnson, Mike Scheidle, Jeff Scheidle, Skip and Kathy Blythe, Angelo DiSante, Tom Fabio, Pam Russo, Lynnette Miller, Jocelyn Bozarth, Marsha Graham, Connie Butterfield, Lisa Rutherford, Lance Bunnell, Jim Keeley, Lance Anderson, Jaron Hunt and others who did not sign in.
Council Member Elwell led the Flag Salute.
Council Member Elwell gave the Invocation.
Council Member Roberts disclosed he is a business license holder and as it relates to item 5)B and he also resides in the Historic Township as it relates to item 6)B. There were no other disclosures or conflicts of interest with items on this meeting’s agenda.
Mayor Hart recognized Jocelyn Bozarth, the current Miss Ivins Princess, and indicated the Princess Pageant will be held on Saturday, April 16, 2011 at 7:00 p.m. in the Hafen Theater at Tuacahn High School. Jocelyn Bozarth stated the Pageant Royalty performed a lot of community service throughout the year. She thanked the Pageant’s Director, Tonya Horlacher, for her hard work and stated she enjoyed working with everyone over the last year. Mayor Hart thanked the Ivins Royalty for the great job they did representing the City. He encouraged the City Council members to attend the upcoming Princess Pageant.
Chuck Gillette referred to the report that was emailed previously to the City Council. A copy of the report is available by request through Ivins City Hall. The board was comprised of City Council Member Barbara Rusick, City Engineer Chuck Gillette and City Treasurer Tami Moody. The board met on three (3) consecutive days at various times, starting on Tuesday, March 22 and ending on Thursday, March 24, 2011. There were ten (10) individuals who appeared before the Board during the hearings. Council Member Elwell referred to Table 2, list of properties to be considered but not recommended for adjustment since no representative had appeared at the hearings and inquired how those properties were identified. Chuck Gillette indicated it was based on Jay Beacham’s claim. The properties on Table 2 have a similar situation as Mr. Beacham’s. Council Member McDonald inquired if someone were to come forward now if they would be allowed an adjustment. Dale Coulam stated that those who did not appear waive their rights to any adjustment. A copy of the report will be mailed to those who did appear and there is an appeal time for those who did appear. After the appeal time, the City Council will adopt a Resolution that will include an adjusted assessment list, which is the next step before giving notice to levy the assessment. Council Member Rusick indicated the rationale behind not seeking out the individuals who might be eligible for an adjustment but who did not appear, was based on other benefits that are available to individuals but the individuals need to ask for those benefits such as the earned income credit, the homestead exemption and similar benefits. The government does not give those benefits automatically. Mayor Hart thanked the Board of Equalization for a job well done and Council Member Rusick thanked Chuck for his work on the report.
Benny Sorensen reported baseball registration is open. The Parks and Recreation Department is preparing the soccer fields, getting ready for the Easter egg hunt and activities on Saturday, April 23. They are also preparing for the Fitness Festival that will be held on Saturday, May 7th. They are continuing with weed control and have started mowing the parks. He reported that the restrooms at the City Park were severely vandalized and the Police Department is analyzing the video to identify the perpetrators.
Chief Flowers referred to the vandalism of the restrooms and indicated they have a suspect that will likely lead them to a second individual. He reported that the races in town have gone really well and individuals drive from Cedar City, Utah and Mesquite, Nevada to ride bikes in Ivins. He indicated the Eagle Scout project by Timothy Maserang with the rock that is in front of the Public Safety Building is very impressive and appreciated. The front office of the police station is being remodeled to protect the individual in the front office. Donations for the animal shelter are double what they were at this time last year and are averaging $1,500.00 a month. There is an average of 190 hours of volunteer time a month at the shelter. Chief Flowers acknowledged everyone involved. Council Member Rusick referred to bike riders and indicated sometimes she will see them riding five (5) across on a two lane road and inquired what the rule was. Chief Flowers indicated the rule is bikers can ride two (2) abreast but cannot hamper traffic. He intends to include an article in the next newsletter regarding riding etiquette. Mayor Hart stated he recommended to the DTEC (Dixie Transportation Executive Council) that they put together a cycling committee to help educate cyclists and drivers.
There was no one present from the Planning Commission. Kevin Rudd reported that the Planning Commission approved the Final Plat for the Posovi Phase 2-A subdivision in Kayenta. The Planning Commission mailed invitations to all of the commercial property owners to meet with the Planning Commission on Tuesday, April 19, 2011, to obtain their input on commercial zoning. The City Council is invited to attend that meeting.
Mayor Hart expressed his appreciation for those in attendance at the meeting and indicated he and the City Council have received a great deal of information and data on this issue from both sides. He reminded the audience before they speak that Ivins is a community of individuals with varying opinions and the purpose of the Public Hearing is to provide information to the City Council to assist with making a decision on the recommendation by the Planning Commission. He requested those who speak to respectfully state their point of view. Mayor Hart opened the Public Hearing.
Kathy Blythe resides at 818 N. Agave Court. Ms. Blythe read from a prepared statement that was not provided to the City Council. Last spring she began to notice an increased number of bees when she and her husband were outside. She did some research and it came to her attention that Cindy Smith had a beehive located on a parcel of land adjacent to Ms. Smith’s and that Ms. Smith was not licensed. Ms. Blythe argued that a hobby hive can be a danger and a nuisance to people. She referred to an issue with her hummingbird feeder where the feeder was inundated with bees. Once Cindy Smith’s hive was removed, there were no more problems with bees on the hummingbird feeder. Ivins is a different climate than those identified in literature she has read where cities like Salt Lake, New York and San Francisco have allowed residential beekeeping. She is concerned with the possibility of bees from the beehives swarming and the possibility of Africanized bees taking over beehives. If the City Council allows residential beekeeping, it will be a city-wide issue and she does not know how the City could effectively enforce residential beekeeping. She requested an impartial decision from the City Council for everyone in Ivins.
Skip Blythe resides at 818 N Agave Court. Mr. Blythe referred to several of the City’s digital recordings from 2010 to the present regarding discussions relating to beekeeping. He indicated that local research from other municipalities in and near Washington County should have been used by the Planning Commission rather than research from other cities where the climates and populations are not similar to Ivins. Mr. Blythe contacted several municipalities in Washington County as well as Las Vegas and asked the question "do you allow backyard beehives?" He found that the majority of the responses were that backyard beehives were not allowed or if they were allowed, it was with restrictions. He indicated that Africanized bees and Honeybees swarm the same and that they will likely attack if they are aggravated by vibration. He is concerned that the City will not be able to adequately enforce residential beekeeping and is concerned that there is no education or mentoring requirements identified in the proposed ordinance. Mr. Blythe stated that there are areas where bees are appropriate but Ivins is not one of those places and it would be unfortunate if the City Council passed the proposed ordinance. He requested that the City Council keep the real facts in mind when making their decision.
Mike Scheidle resides at 831 N. Agave Court. He referred to and played for the City Council an audio recording that he recorded off of the Las Vegas bee hotline. A copy of the recording was not provided to the City. The recording contained in part, the following information: There have been some concerns over the past few years about bees, especially the Africanized Honeybees, sometimes referred to as killer bees. The Africanized Honeybee has made its home in Southern Nevada since 1997 but encounters have been few. The Africanized Honeybee is exactly likes the bees that have been in Southern Nevada in the past, known as European bees. They are the same color and size and it is impossible to determine the difference between the bees by the naked eye. The only difference is Africanized Honeybees will protect their hives more vigorously than European Honeybees. Unlike the European Honeybee, which will send out several bees to defend their hive, the Africanized Honeybee will send out hundreds, even thousands to protect their hive. This is what makes them dangerous due to the numerous stings one could receive from the bees. Bees can either be in a swarm or in a hive. Bees found on flowers or trees pollinating are not dangerous and will not harm someone if they are not provoked. Bees in a swarm are homeless bees looking for a place to build a hive. The swarm is made up of hundreds of bees surrounding the queen bee. Bees in swarms are generally harmless and will not attack and should be left alone. Usually swarms of bees will move on in a day or two. Bees usually swarm in the spring and in the fall. Bees, either Africanized or European, that live in a hive, are the greatest threat. The hive is the home of where the bees live, where they store their honey which is their food and they produce their young. If the bees feel that a predator is present to steal their food or kill their young, they send out bees to protect themselves which is where they will come out of the hive and attack. In reality they are defending their home and their family. If someone is being attacked, they should run away from the area, covering their head as they run. The bees will break off their attack after a short distance. Individuals being attacked should seek shelter in a building or an automobile if it is near by. An individual should not jump into a pool or a lake as the bees will wait for the individual to come up for air and will continue to sting. Waving ones arms or screaming simply provokes bees to attack. Humming noises such as lawn mowers, weed eaters and barking dogs will also agitate the bees. If bees are attacking, keep the area as quiet and calm as possible. If someone is being attacked or is having trouble breathing after being attacked, 911 and the fire department should be called. Bees can be removed by calling a specific number in Las Vegas. Mr. Scheidle indicated Ivins does not need hobby beehives.
Lisa Rutherford resides at 173 N Painted Hills Drive. She does not currently have a problem with bees but agrees with and supports Skip and Kathy Blythe and Mr. Scheidle. She is concerned about someone being allergic to bees and indicated that controlling bees is different from keeping animals off of someone’s yard. She also feels there would be a large problem with enforcement. She experienced a swarm of bees and stated it was very frightening.
Tom Fabio resides at 1358 Wisteria Court. He does not have a problem with bees. They are needed in the agricultural areas but not in the City. He urged the City Council to not allow beekeeping in residential areas. He indicated that the City has no means of enforcement and no one qualified to take care of the complaints. All of the discussions regarding the beekeeping issue are the result of a public nuisance.
David Kidder is an experienced beekeeper and indicated that he has built and kept beehives on the Deseret Industries ranch. He exchanged a beehive with Cindy Smith and the beehive was placed in what was believed to be her backyard but was actually on Terry Marten’s property. He does not think having a few hives in residential areas will be detrimental to the City. The proposed ordinance is a template from Salt Lake City and Salt Lake City has not had any problems. He urged the City Council to allow backyard beekeeping and to not consider bees as a nuisance creature. Mr. Kidder stated the proceedings of this issue are being watched closely by Time Magazine and other national media and the outcome could affect Ivins' reputation. He indicated that if anyone has a problem with a bee swarm, he is on a swarm list for Washington County. He has the equipment and would be glad to collect the bees and place them out in wild Utah.
Debbie Kidder referred to the nuisance issue. She is a volunteer Fire Fighter for Ivins City and has responded to a few calls regarding bees but not due to backyard beekeeping. The Ivins Fire Department is very capable of handling situations involving bees.
There being no further comments, Mayor Hart closed the Public hearing.
Dale Coulam indicated the Planning Commission recommended that the regulations for the beekeeping be part of the regulations under the "Animals" title rather than the zoning ordinance. As a Conditional Use, that portion would, however, be contained in the zoning ordinance. Due to this item starting out as a zoning issue, to allow the City Council flexibility and to allow for public input on the proposed regulations, Staff followed procedures as if this were a zoning amendment. The Mayor and City Council members discussed this issue at length. Council Member Elwell indicated that if beekeeping were to be allowed, the hives should be relegated to the Agricultural zones of A-20 and possibly RA-5 and not be allowed in residential zones. He also suggested the hives be placed several hundred feet from occupied residences and areas. Council Member Roberts stated beekeeping should be allowed in Agricultural zones A-20, RA-5 and possibly other agricultural zoned areas. He would like education of the beekeeping hobbyist addressed in the ordinance. Council Member Rusick indicated she went through the ordinance that was presented by the Planning Commission and referred to the number of bees that could potentially be located ten to fifteen feet (10’-15’) from a neighbor’s patio. The hives need for a convenient water source and the potential for that water source to be the neighbor’s fountain or pool. In the proposed ordinance, she is concerned with addressing how far back from a home a hive has to be, how to address enforcement of a nuisance hive, the length of time it would take to address a nuisance issue and how a beehive in a residential zone may affect property values and investments. Council Member Jolley stated he is an advocate of bees and anything that promotes nature and agriculture. He referred to an individual who had an experience as a child that involved a dog attack and the emotional trauma and fear caused by that attack. The fear is real and common sense dictates that pets can be kept on leashes so issues do not happen that would cause a threat in someone’s own yard. He indicated that as a Council Member he has been charged with ensuring the health, welfare and safety of Ivins citizens and if there is a perceived threat, it causes anxiety, stress and affects the quality of life. He is opposed to the ordinance as it is presented. He is not opposed to beekeeping, but it should not be allowed in residential areas. Council Member McDonald stated he has had hives and is allergic to bees although he is not in favor of the way the ordinance is written. He agreed that beekeeping should be allowed in agricultural zones and not in residential zones. Mayor Hart indicated he grew up in Logan, Utah next to a Utah State University’s Entimologist, with hives just over the fence without incident but that the Entimologist held a PhD and was a bee specialist so the hives were well kept. Mayor Hart stated that the environment in Salt Lake City differs from that in Ivins. Salt Lake City allows residential beekeeping but also has less open space and is more densely populated. The Mayor and City Council directed the City Attorney to draft an ordinance that would allow beekeeping in the agricultural zones of RA-20 with the possibility of allowing it in the agricultural zones of RA-5; address the distance from residential and occupied areas that beehives could be placed; limit the number of hives to a maximum of three (3) in the RA-5 zone, a maximum of six (6) in the A-20 zone and establish a legal time frame and penalty for enforcement of a violation.
MOTION: Council Member McDonald moved to table Ordinance No. 2011-02 and 2011-03 so they can be re-written and brought forward to the Council at a future meeting
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
A Citizen Comment form was submitted by Barbara Jacques and Carina Johnson on behalf of themselves and two other individuals, regarding the location of the recycling binnies on 200 West near the animal shelter. These individuals are concerned with the negative visual and noise impact that is occurring in that area. Judy Gubler apologized and indicated the binnies were relocated from the Pond Park property, and it seemed like a good idea at the time. The current location is temporary and the recycling binnies will be relocated.
Judy Gubler referred to item 5)C and suggested that item be addressed prior to item 5)A.
MOTION: Council Member Roberts moved to suspend the rules to discuss item 5)C
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Dale Coulam stated that the City Council previously reviewed the Preliminary Plan for this project. The Development Agreement needs to be finalized and approved for the phasing prior to the improvements being done. A Representative of the "Casitas at the Ridge" inquired if the City could address their request to place a surety bond with the City in lieu of the required security. Dale Coulam indicated the Council cannot address that issue tonight because it would need to be an agenda item and properly noticed. He explained to the City Council that the issue is the City's subdivision ordinance only allows cash bond, irrevocable letter of credit or escrow security agreement to serve as the required improvement guarantee and the City has not previously allowed a surety bond from an insurance company to serve as the improvement guarantee. The Mayor and City Council determined they would like this item placed on the next City Council agenda for discussion.
MOTION: Council Member Roberts moved to approve the Development Agreement for the "Casitas at the Ridge"
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Chuck Gillette provided additional drawings to the City Council. Copies of the drawings are available by request through Ivins City Hall. Council Member Rusick inquired of Chuck Gillette what the best choice is that gives the fairest option to everyone. Chuck Gillette stated it is impossible to please everyone and he does not think that the current ordinance needs a lot of changes. Council Member Rusick inquired as to the situation in SunCrest West and if there would be any remedy to a similar situation in the future. Chuck Gillette indicated the situation could have possibly been remedied if the City would have installed pumps in that subdivision, taken private property for drainage or not allowed homes to be built along the stretch of wall that abuts the subdivision and require that stretch as open space. Mayor Hart inquired of Kevin Rudd the same question Council Member Rusick asked of Chuck Gillette. Kevin Rudd agreed with Chuck Gillette. Council Member Roberts inquired of Kevin Rudd if there is anything in the current ordinance that is difficult to enforce or is an issue. Kevin Rudd indicated it is difficult for a developer to approach a neighbor regarding the neighbor consent. Dale Coulam referred to Chuck's interpretation of the proposed amendment recommended by the Planning Commission and expressed concern that there be no disparate treatment that would affect an individual's property rights. Mayor Hart stated that if the ordinance is not changed, there may be a few housekeeping issues that need to be addressed, those being separation between lots and neighbor consent. He also requested that the recorded plat map be noted regarding the City not guaranteeing view preservation. Council Member Rusick thinks the neighbor consent requirement should remain in the ordinance. The Mayor and City Council agreed to retain the ordinance that is currently in effect.
MOTION: Council Member McDonald moved to not adopt 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 stick with the ordinance currently in play
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Council Member Roberts referred to the time frame to renew a business license and Dale Coulam clarified that if a business license is not renewed by December 31, the license will be delinquent and will expire if it is not renewed on or before January 31 of the following year. If the license is delinquent, the individual will pay double the renewal fee but a new application will not be required until after January 31. If a renewal is filed after January 31, a new application will be required and payment of the renewal new fee will be required. A business license automatically expires and is null and void if it is not renewed on or before January 31 of the year following its issuance.
MOTION: Council Member Roberts moved to approve Ordinance No. 2011-05, an Ordinance of Ivins City, Utah, Amending the Business License Title Regarding the Renewal Deadline
SECOND: Council Member Rusick
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Council Member Elwell referred to the skate park that was designed but not built at the time UNITY Park was built. He has been approached by a group of young men who would like the skate park built and indicated the City Council may be hearing from the young men in the near future regarding ways for the skate park to materialize.
Council Member McDonald reported he has obtained a recycling binnie that rolls out to the street for pick up and all recyclable items go into one bin rather than having to separate the recyclables. Judy Gubler indicated there will be an article in the newsletter regarding the bin that is available through the Washington County Solid Waste District for a fee of approximately six dollars ($6) a month. She did not authorize a bin for the City because the proceeds do not go to the animal shelter and the bin is counter productive for raising money for the animal shelter.
Council Member Jolley reported the curb, gutter, sidewalk and blacktop improvements in the Historic Township area are looking nice.
Council Member Roberts agreed with Council Member Jolley regarding the Historic Township improvements.
Council Member Rusick reported she attended a Southwest Mosquito Abatement Control District (SWMACD) meeting where they approved the first stage of the building design that is anticipated to be located near the Washington County Purgatory Correctional Facility. Last year there were some mosquitoes found with West Nile virus in the surrounding states of Arizona, Nevada and California. The mosquitoes in Arizona with the West Nile virus were found to be a different species and the current director of the SWMACD has found an individual willing to examine Utah’s mosquitoes without cost to identify what kind of West Nile virus is being carried in Utah. Trapping season started on Monday, April 4, 2011 for St. George. There is an organization by the name of Valent BioSciences that is based in Libertyville, Illinois and they are the largest producer of pesticides for commercial operations. They have invited representatives from the Washington County Mosquito Abatement team to go to Libertyville, Illinois on an all expense paid trip because that company considers the Washington County Mosquito Abatement District a prominent player in the nation.
Mayor Hart reported that he met with Bill Stay and another individual who are interested in Ivins having a chapter of the American Legion. The Mayor will provide some information in the next newsletter. There is a vacancy on the HCAC (Habitat Conservation Advisory Committee) and Mayor Hart has been recommended to fill that vacancy. The Mayor indicated he would like to see the City Council at the Miss Ivins Pageant on Saturday, April 16, 2011. Regarding the VA Care Facility design, the Mayor and Council Member Roberts have been asked to sit on the oversight committee. There will be a ribbon cutting on Monday, April 18, 2011 at 4:00 p.m. at City Hall for the Blue Sky Solar Project.
Judy Gubler reported that the next process required for the disposition of property for the VA facility is to Notice a Public Hearing. The Public Hearing has been noticed and will be held at the next City Council meeting. There will be a Resolution on the next City Council agenda to restrict for municipal purposes ten (10) acres of the property located on Center Street that the City recently purchased. A Resolution addressing the Real Estate Sales Contract and the Development Agreement for the VA facility will also be on the next City Council agenda. Judy Gubler indicated she has the analysis for the VA facility referenced in the Public Hearing notice and will have the analysis emailed to the City Council members.
Dale Coulam reported that Planning Commission Chairman Mehr has served two (2) years as Chairman and John Reed was elected as the new Chairman, with Adel Murphy as Vice Chair.
Security bond issue regarding "Casitas at the Ridge".