All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
Public Works Director Dave Glenn,
and
City Engineer Chuck Gillette.
EXCUSED: None.
Audience: Linda Elwell, Steven and Michella Weida, Kent Hayes, Aggie Smith, Kathy Nied, Jan Kendrick, Trish Greenfield, Sue & Tom Skudlarczyk, Den Kendrick, Susan Recknagel, Denny Ellis, Jay Tullis, Jennifer & Richard Gough, Garry Morris, Debbie Kidder, Gail Fulde, Susan & Warren Dinter, Kathy Deaton, Judith Kapuscinski, Jenny Johnson, Kimberlee & Rory Davis, George Stoddard, Cindy & Brent Smith, Barbara Rusick and others who did not sign in.
Council Member Elwell led the Flag Salute
Council Member Elwell gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Mayor Hart stated that Judy Gubler has served as Ivins City Manager for 12 years and is retiring. The Mayor read a Proclamation honoring her. A copy of the Proclamation is available by request through Ivins City Hall. Judy Gubler thanked everyone and recognized the support of her wonderful husband Ward.
Linda Elwell on behalf of FIAS (Friends of Ivins Animal Shelter) gave a presentation to Judy and presented her with a book of memories. Linda thanked Judy for the No Kill Animal Shelter model and indicated that Judy did a good thing for the animals and the people.
Kevin Rudd reported that building is continuing to increase. He anticipates that there will likely be over 90 building permits issued by the end of the year.
Dave Glenn reported work is continuing on Center Street after a few weeks of waiting for the contractor to work on that project. Staff is continuing to repair the roads that were damaged by the flood event in September. The City held a meeting with Suncrest West and Amber Estates residents regarding mitigating possible flooding in the future. Ivins City met with FEMA (Federal Emergency Management Agency) in conjunction with Santa Clara and Washington County regarding the flood event in September and FEMA has set up an office in Santa Clara.
Chuck Gillette stated the City held a preconstruction meeting on the Tuacahn Detention Basin and expects to see equipment moving the first part of December. That project has to be completed by February because that is the inactive season for the desert tortoises.
Chairman Murphy reported the Planning Commission finalized their discussions on the commercial zoning and the next step is an Ordinance will be drafted by the City Attorney and staff for the Planning Commission to review.
Mayor Hart recognized there are strong feelings on this issue and asked that the audience be respectful in their comments and to not be repetitive on the points that may be made. The object of a Public Hearing is to provide information to the City Council so they may make an informed decision. Mayor Hart opened the Public Hearing and indicated an email and photo were received by the City Council from Dave Hunt in opposition to the amendment. Mr. Hunt resides at 982 Anillo Court and a copy of the email and photo are available by request through Ivins City Hall. Barbara Rusick resides at 1078 East Mesa Vista Road and spoke in opposition to the proposed amendment and stated if the ordinance were to be amended to allow the commingling of horses on two adjoining lots in Padre Canyon phases 1, 2, 3 and 4, it would be a solution for one (1) person of the hundreds of people that live in the Padre Canyon Phases. The City Council needs to consider if that is a good policy. There may be other possibilities for turkeys or dogs to commingle and inquired what happens when one person of the commingled lot sales the property. It isn't right for the City Council to change things for one person.
Steve Weida resides at 63 Padre Canyon Drive and requested that the City Council approve the amendment to allow the commingling of horses on two adjoining lots. The benefits of removing a fence between the properties is aesthetically pleasing, it is better for the animals to have more space to run and would increase property values. Kimberly Davis resides at 346 South 200 East and supports the amendment to allow commingling of horses on two adjoining lots in Padre Canyon. Michella Weida resides at 63 Padre Canyon Drive and would like a final decision to be made on this issue. There being no further comments, Mayor Hart closed the Public Hearing and thanked the audience and the Planning Commission for their comments.
Council Member Roberts referred to property owner rights and the rights of the community and stated that a property owner should be allowed to do what he or she wants with their property as long as it causes no harm to others. He does not believe the amendment to allow the commingling of horses on two adjoining lots would harm the neighbors. There will be the same amount of waste and flies whether two (2) horses are on one lot, two (2) horses on another lot or if all of the horses are together. He is in favor of not approving the Planning Commission's recommendation and is in favor of amending the ordinance. Council Member Densley would like to see the fences on the property remain the way that they currently are with an opening between the fences. Council Member Elwell inquired as to fencing requirements in Padre Canyon as it relates to large animals. Dale Coulam stated the ordinance states there can be a maximum of two (2) horses per lot so there is a requirement of having something to confine the horses. Council Member Elwell inquired if a corral would be considered fencing and Dale Coulam indicated it would. Council Member Elwell indicated there are other areas of horse property in the City and inquired if the amendment would be appropriate City wide. Dale Coulam clarified that when the City Council discussed commingling of horses and gave direction on drafting the ordinance, the Council was discussing the language in the ordinance regarding two (2) horses per lot and that language only appears in one section of the ordinance that applies to Padre Canyon. If the Council decided to expand it further, that would require a different amendment and Public Hearings to allow public input. Council Member Elwell stated he previously had a concern regarding proof of ownership of the horses. Based on the information provided to the Council, he withdraws that objection. Council Member McDonald indicated his concern is for the other property owners in that area who have expressed their concern. They purchased property knowing there was a limit of two (2) horses per lot. He inquired if the amendment would serve one or many and stated he could not see that it would serve many. He is in favor of the Planning Commission's recommendation to deny the proposed amendment. Council Member Mendenhall stated the proposal to amend the ordinance to allow commingling of horses was her idea as a nice compromise for the situation. It is better for the animals and there is one less fence to look at. Since its inception, Padre Canyon phases 1, 2, 3, and 4 has allowed two (2) horses per lot. It would be two (2) contiguous lots with a fence in the middle of the property and a gate that could be opened between the two. Council Member Mendenhall inquired if Kevin Rudd had issued a citation to Steve Weida. Kevin Rudd indicated a citation may have been issued but the property was brought into compliance and Mr. Weida has been in compliance for sometime. Mr. Weida owns three (3) horses. Two (2) horses are on his lot and one (1) horse is on a neighbor's lot. Council Member Elwell referred to compromising and stated it is one sided in this case. He agreed with Council Member McDonald regarding the other property owners in that area who purchased property knowing there was a limit of two (2) horses per lot. Mayor Hart indicated he hopes the Council considers very clearly the fact that CC&Rs (Covenants, Conditions & Restrictions) and Written Texts are created for a very specific purpose and that is to assure anyone who buys into a particular project that certain rules are going to be adhered too. Exceptions to that are violations to those rules and therefore ought not be permitted. If the Council agrees to approve the amendment, the Council would be changing Padre Canyons CC&Rs and Written Text. Dale Coulam clarified that Padre Canyon Phase 4 allowed three (3) horses per lot and CC&R's for at least two (2) of the other phases were amended to allow three (3) horses. That is a private homeowners issue and does not involve the City. If the ordinance before the Council were to be adopted, it would allow the possibility of four (4) horses on one (1) lot. That may violate the CC&R's in Phase 4 and the other two phases that were amended to allow a maximum of three (3) horses on lots sized one acre or larger but that is for private counsel and private parties to decide. That is not for this Council to be concerned with. The ordinance involves the zoning for that area. The Zoning Ordinance and the Written Text that was adopted as part of the Zoning Ordinance for Padre Canyon Phases 1, 2, 3 and 4 is what the Council is considering.
MOTION: Council Member Densley moved to approve Ordinance No. 2012-05 with the amendment that there is a fence partitioning the two lots with a gate so that the horses may be able to mingle and yet the lots dividing the two have been established
SECOND: Council Member Roberts
Council Member Mendenhall requested a point of discussion and inquired if the ordinance as it is currently written states specifically two contiguous lots with a common boundary. Dale Coulam indicated it states two adjoining lots. The Council may want to consider additional language.
VOTE: The motion carried.
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Elwell |
NAY |
| Council Member McDonald |
NAY |
Roll call vote. Two Council Members voted in opposition to the Motion and three Council Members voted in favor of the Motion.
Dale Coulam indicated that after the commencement of the Public Hearing a Citizen Comment was submitted. Mayor Hart requested the rules be suspended to hear the Citizen Comment.
MOTION: Council Member McDonald moved to suspend the rules
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Mayor Hart stated considerable discussion has taken place on this issue and artists Ed Hlavka and Rick Hughes are present to answer questions. The Mayor and City Council referred to concepts depicting desert landscape, historical and pioneer themes, Native American and wildlife themes and a series of vignettes depicting those themes. Mayor Hart indicated that whatever the Council decides on, Mr. Hlavka and Mr. Hughes are willing to work with other groups or whatever the Council deems appropriate. There are two issues the City is looking at: 1) cost; and 2) safety. Businesses and individuals have come forward to support a center piece. The City needs to look at the safety aspect of whatever goes in the roundabout so that it does not cause a distraction. Mayor Hart inquired as to the cost of one cluster in the center of the roundabout rather than three or four separate clusters throughout the roundabout. Rick Hughes stated the cost would be approximately $150,000-$200,000 dollars and would be the most cost effective. Mayor Hart thanked Mr. Hlavka and Mr. Hughes for their work to help the Council see the potential and inquired what concepts are the most appealing to the City Council. Council Member Densley suggested the plow and then graduate to the biking and art facilities. Council Member McDonald would like to see something in the center of the roundabout that is hard to get to. He also suggested someone speak with Tuacahn and the spas to see what their thoughts are and ascertain their willingness to contribute. Council Member Mendenhall thinks the Native American, Pioneer and Performing Visual Arts themes are all important. The City Council inquired if they decided on a sculpture by Mr. Hlavka or Mr. Hughes, would the City be required to put it out for bid and if so, how would their work be protected. Mayor Hart and Dale Coulam indicated they would be considered a single or sole source provider.
Dale Coulam stated there was one minor change by the Santa Clara City Council that clarifies the allocation of fines and forfeitures. The contract represents the most favorable option for Ivins City and he recommends approval of the contract as adopted by Santa Clara.
MOTION: Council Member McDonald moved to approve the contract for the Justice Court in Santa Clara as approved by Santa Clara
SECOND: Council Member Mendenhall
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Council Member Elwell - no report
Council Member McDonald - no report
Council Member Mendenhall - no report
Council Member Roberts - no report
Council Member Densley thanked the Mayor for the opportunity to represent Ivins in the Veteran's Day Parade in St. George.
Mayor Hart reported that he and Council Member Roberts met with representatives of the Veteran's Administration at a mandatory meeting for the potential management companies that will be running the facility at some point in time, to prepare them for the RFP (Request for Proposals) that will be coming out for that contract. He and Council Member Roberts were then given a tour of the facility in Ivins. Mayor Hart stated it is a magnificent place that is extremely well designed and extremely functional. Council Member Densley indicated that the painting contract was awarded to a local contractor Dennis Hancey Painting. The anticipated completion date of the facility is May 9, 2013. Council Member Roberts stated there are currently 80 Veterans on a waiting list for the Ivins facility.
Mayor Hart referred to the municipalization of power and provided information to the City Council. A copy of the information is available by request through Ivins City Hall. Rocky Mountain Power has requested the ability to make a presentation to the City Council, to help the City understand why Rocky Mountain Power is the best long term option. Council Member Roberts suggested a representative from UAMPS (Utah Associated Municipal Power Systems) also be present.
Mayor Hart referred to Judy Gubler and indicated she is a remarkable lady and the City is operating well because of her.
Judy Gubler referred to a written report regarding the Ivins City Animal Shelter Assessment. A copy of the report is available by request through Ivins City Hall. Susanne M. Kogut from Virginia performed the assessment. The overall assessment is that the Ivins Animal Shelter operates consistent with other organizations maintaining a no-kill commitment. Ms. Kogut recommended that the City consider renegotiating the MOU (Memorandum of Understanding) between the City and FIAS (Friends of Ivins Animal Shelter) to reflect the current relationship as well as adding a reporting requirement that FIAS provide an annual report of amounts contributed for food, supplies and medical costs to enable the City to accurately assess the benefit of the relationship. In the assessment Ms. Kogut indicated that Ivins should take great pride in the work of the Ivins Animal Shelter and the creation of a no-kill community. Judy Gubler stated she was glad to be a part of the Ivins Animal Shelter and glad that INKAS (Ivins No Kill Animal Supporters) and FIAS do what they do for the animal shelter.
Judy reminded Mayor Hart that he needed to sign documents at the title company regarding the Art Ivins property. She thanked the Mayor and Council for the opportunity to work with them and the City over the years.
Dale Coulam referred to the City working on a goal of transparency and getting the message out to the public so that the public has confidence in what is being done. He recently attended a Land Use Conference session on Social Media. Salt Lake City has aggressively utilized the social media tool successfully. Ivins will be exploring social media options including the ability for citizens to self report crime. Dale attended and participated in the Utah City Managers fall conference where the sharing of resources was discussed. Currently Ivins City and the City of Santa Clara are the two most aggressive cities in Utah saving money by sharing resources. When he attends various conferences and the best approach or cutting edge strategies are discussed, he is impressed that Ivins is already doing what is presented at the conferences. He indicated that Judy has been a great mentor and friend and wished her well in her retirement. Dale Coulam reported that Maureen Burger submitted her resignation and for health reasons will be moving back to California. The City will miss her attention to detail and he wished her well and good health. The staff Christmas party will be on Tuesday, December 11, 2012 at Tuacahn with dinner at 6:30 p.m.
| E. |
Items to be placed on future agendas |