Copy of the City of Ivins record for City Council, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
City Council
IVINS
CITY COUNCIL
MINUTES
February 7, 2013

1) WELCOME AND CALL TO ORDER
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 Mendenhall, Council Member Roberts, and Council Member Densley.
STAFF: City Manager/Attorney Dale Coulam, Parks & Recreation Director Benny Sorensen, Public Safety Director Bob Flowers, and City Recorder Kari D. Jimenez.
EXCUSED:  None.
Audience: Lance Anderson, Roger and Gayla Bray, Don Miller, Richard Bryan, Clair Harpster, David Johnson, Ben Hardin, Leo Wingrove, Brennon and Lori Brown, Dennis Mehr, Joseph Mehr, Jared Mehr, Sandy Johnson, Delores Osborne, Loren and Mary Evans, Parker and Jenni Heiner and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute
Council Member Mendenhall led the Flag Salute
C. Invocation
Council Member McDonald gave the Invocation
D. Disclosures
Council Member Mendenhall disclosed that she is a resident of Kayenta as it relates to agenda item number 4.  There were no other disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Parks and Recreation and Public Safety
Dale Coulam reported Benny Sorensen is assisting with basketball and submitted a written report previously for the City Council.  A copy of the report is available by request through Ivins City Hall.  Bob Flowers submitted a written report to the City Council on Ivins Public Safety statistics for January, 2013.  A copy of the report is available by request through Ivins City Hall.  The department hired two (2) reserve officers after Captain Randall left.  The two (2) part-time officers cover 60 hours rather than one (1) full time officer at 40 hours.  Chief Flowers was approached by the Vista Charter School principal regarding participation in a School Resource Program and the principal of Tuacahn High School is interested in making the current Resource Officer position permanent.  The schools would pay the officers' salaries and the City would provide the training, vehicles and equipment.  A proposal will be submitted to the schools in the next couple of weeks.  Chief Flowers referred to Captain Rodgers and indicated he was promoted to Captain after Captain Randall left.  Captain Rodgers has ten (10) years of law enforcement experience and has completed two (2) tours of duty in Iraq.  Captain Rodgers stated he is excited to have the position as Captain. He served thirteen (13) years in the National Guard.  Dale Coulam indicated Captain Rodgers tours of duty in Iraq have reflected well on him as he's served in various capacities in the police department. He complimented Chief Flowers for the depth of the Department he has put together. 
B. Planning Commission Report
Commission Chair Adel Murphy reported there were three (3) Final Plats approved in Kayenta, those being Posovi phase 2-E and Taviawk phase 9-K.  The Planning Commission had a lengthy discussion on the Ivins City Affordable Housing Plan draft document and Commissioner Scott had prepared comments that were discussed.
C. Presentation and discussion regarding recommendations for the Snow Canyon/Tuacahn Drive roundabout center piece
Mayor Hart indicated the artist that was going to make the presentation became ill and was unable to finish the model.  This agenda item will be discussed at a future City Council meeting.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the Planning Commission’s recommendation to approve proposed zone changes from RA-1 (Residential Agriculture Min. 1-Acre) and RA-5 (Residential Agriculture Min. 5-Acres) to RE-12.5 (Residential Estates Min. 12,500 sq ft), RE-15 (Residential Estates Min. 15,000 sq ft), and RE-20 (Residential Estates Min. 20,000 sq ft) on various parcels adjoining the Kayenta and Taviawk Subdivisions.  Kayenta Development, Inc., applicant
Dale Coulam referred to the Zoning and Land Use maps, copies of which are available by request through Ivins City Hall.  He stated that all of the proposed zone changes comply with the Land Use map.  He referred to Kevin Rudd's Staff Report, a copy of which is available by request through Ivins City Hall.  Mayor Hart opened the Public Hearing.  Ronald Buckley resides at 833 N. Shonto Ridge Drive in Kayenta.  He provided the City Council with a PowerPoint presentation, a copy of which is available by request through Ivins City Hall.  He doesn't think the zone changes are consistent with Ivins' General Plan, Kayenta Development's marketing material and original vision and allows piecemeal development that blights the future.  He also feels that if the developer is granted the zone changes, there will be nothing to protect the washes.  He suggested the City Council deny the proposed zone changes.  Lance Anderson spoke on behalf of Kayenta Development and indicated the developer's plan matches the Land Use plan as it relates to density and the average lot size is 33,000 sq. ft.  The reason they are requesting the zone changes is because the City does not average lot sizes but requires a minimum lot size.  Council Member Densley inquired if the water and septic tank utilities will overload the area.  Lance Anderson stated septic tanks are not allowed.  They are using another system where the waste is pumped to a conventional sewage system.  He indicated that when the Land Use map was revised in 2005, land without a subdivision was moved into the RA-1 zone.  Kayenta Development is trying to define the areas so people purchasing property know what they're getting.  Richard Bryant resides at 1298 Wisteria Court in Kayenta and his primary concern is protecting the wash.  He stated in that area there has already been part of a road pushed through and the excavation started a year ago.  Lance Anderson indicated that road is the water line that goes down through there.  There was a home that was going to be built there are some issue with the wash.  It isn't the developer's intent to destroy their land.  There being no other comments, Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of Ordinance No. 2013-01, an Ordinance of Ivins City, Utah, approving zoning district amendments from RA-1 (Residential Agriculture Min. 1-Acre) and RA-5 (Residential Agriculture Min. 5-Acres) to RE-12.5 (Residential Estates Min. 12,500 sq ft), RE-15 (Residential Estates Min. 15,000 sq ft), and RE-20 (Residential Estates Min. 20,000 sq ft) for designated parcels of property adjoining the Kayenta and Taviawk Subdivisions.
Council Member Mendenhall understands that the concerns of several individuals who spoke at the Planning Commission Public Hearings were mitigated to a certain point by subsequent discussions.  The discussion centered on the situation that Lance Anderson just described with what the zoning ordinance allows and why they are requesting the changes.  The more Kayenta is developed, the more impactful it is for the people who live there.  She hopes the developers keep their original intent at the forefront.  Council Member Elwell stated when the prior City Council selected to address items such as Sensitive Lands, they addressed the very things that the City of St. George is struggling with.  That doesn't mean what the Council established was optimum, but it was the best they could come up with and what the Council did had tremendous support from Kayenta.  He understands the residents' concerns but does not share those concerns because he knows the inner workings of the Sensitive Lands Ordinance and the Subdivision Ordinance.  The City Council is looking at rectifying something the City could have done at the time but didn't have the foresight.  When the City established the RA-1 and RA-5 zones, it was not a limiting process but rather a holding process.  Those zones were never an agricultural area.  It has always been desert.  When the City's General Plan reflects the preservation of agriculture, it's talking about historic agriculture in Ivins City.  It's not saying that the areas the City designated as very low density, were to be for farming.  It was to be what t is today and that is desert.  There is no reason to assume the developers are going to do anything adverse to what they have been doing.  He agrees with the decision of the Planning Commission and commends them for their very thorough approach.  Council Member Roberts indicated he is in favor of moving forward with what the Planning Commission recommended.  Council Member McDonald agreed and stated that if it complies with the plan, the City cannot stop it.

MOTION: Council Member Elwell moved to approve Ordinance No. 2013-01, an Ordinance of Ivins City, Utah, approving zoning district amendments from RA-1 (Residential Agriculture Min. 1-Acre) and RA-5 (Residential Agriculture Min. 5-Acres) to RE-12.5 (Residential Estates Min. 12,500 sq ft), RE-15 (Residential Estates Min. 15,000 sq ft), and RE-20 (Residential Estates Min. 20,000 sq ft) for designated parcels of property adjoining the Kayenta and Taviawk Subdivisions.
SECOND:  Council Member Roberts
VOTE: The motion carried unanimously.

Council Member Densley AYE
Council Member Elwell AYE
Council Member McDonald AYE
Council Member Mendenhall AYE
Council Member Roberts AYE

Roll call vote.  All Council Members voted in favor.
C. Public Hearing on the Planning Commission’s recommendation to approve proposed zone changes from RE-43 (Residential Estates minimum lot size 43,000 sq ft) to RC (Resort Commercial) and RE-25 (Residential Estates minimum lot size 25,000 sq ft) to RE-20 (Residential Estates minimum lot size 20,000 sq ft) on 1.99 acres adjoining Coyote Gulch and 10.71 acres adjoining Taviawk Subdivision.  Kayenta Development, Inc., applicant
Dale Coulam referred to Kevin Rudd's Staff Report.  A copy of the report is available by request through Ivins City Hall.  The proposed zone changes consist of two areas.  The first area is residential adjacent to the previous residential zone changes and is consistent with the Land Use Plan.  The other consists of two parcels in the Kayenta Coyote Gulch Commercial area.  The last time the Land Use Map was amended, the City Council used a bubble concept that had some flexibility.  one proposed change is clearly within the Resort Commercial bubble; the other is not but a portion of this parcel is already zoned Resort Commercial.  The proposed zone change would expand the bubble a little more to include the other piece of property.  Staff and the Planning Commission felt that because of the bubble concept and part of the property already being zoned Resort Commercial, the Planning Commission recommended approving the zone change.  Mayor Hart opened the Public Hearing.  Ben Hardin resides at 1033 West Crows Wing Way in Kayenta.  He has owned his property since 1990 and built on it in 2000.  The biggest change in his life style has been the Coyote Gulch development.  He doesn't have a problem with Kayenta Development but is concerned with more stress on the roads.  Increased traffic would be a driving hazard with pedestrians, bikers and cars parked on the sides of the road.  Some of those issues could be addressed by removing an exit or entry to the Coyote Gulch area.  There being no other comments, Mayor Hart closed the Public Hearing.
D. Discuss and consider approval of Ordinance No. 2013-02, an Ordinance of Ivins City, Utah, approving zoning district amendments from RE-43.0 (Residential Estates minimum lot size 43,000 sq ft) to RC (Resort Commercial) and RE-25.0 (Residential Estates minimum lot size 25,000 sq ft) to RE-20.0 (Residential Estates minimum lot size 20,000 sq ft) for designated parcels of property adjoining the Kayenta and Taviawk Subdivisions
Council Member Mendenhall requested an explanation of where the fire station in Kayenta will be located.  Dale Coulam indicated it will be located within the northern area and the concept is to move the Kayenta offices and use those buildings to enclose an area where some fire equipment could be stored and be less visible.  There currently is a mound there that would help shield the firehouse.  Council Member Mendenhall doesn't have a problem with the zone change for the upper small triangle piece but has a problem with re-zoning the larger triangle piece to commercial.  She stated the effect of commercial in the entire community is profound.  She is located more than a mile away from where events are held and when there's an event, she can hear everything.  Traffic is also an issue.  There needs to be a buffer zone for the residents surrounding the proposed zone change area.  She was a Planning Commission member for six (6) years and realizes it conforms with the Land Use plan but believes it causes more problems than good at this point in time.

MOTION: Council Member Elwell moved to approve Ordinance No. 2013-02, an Ordinance of Ivins City, Utah, approving zoning district amendments from RE-43.0 (Residential Estates minimum lot size 43,000 sq ft) to RC (Resort Commercial) and RE-25.0 (Residential Estates minimum lot size 25,000 sq ft) to RE-20.0 (Residential Estates minimum lot size 20,000 sq ft) for 1.99 acres adjoining Coyote Gulch Commercial Area in Kayenta Subdivision and 10.71 acres adjoining Taviawk Subdivision
SECOND:  Council Member Densley
VOTE: The motion carried.

Council Member Densley AYE
Council Member Elwell AYE
Council Member McDonald AYE
Council Member Roberts AYE
Council Member Mendenhall NAY

Roll call vote.  Four Council Members voted in the affirmative and one Council Member voted in opposition.

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Memorandum of Understanding among Ivins City, Ence Homes and Premier Design & Engineering regarding drainage improvements on 200 South in and adjoining the Sun Crest West subdivision
Dale Coulam indicated that unfortunately this item needs to be tabled.  The homeowners in the Sun Crest West and Amber Estates subdivisions were looking forward to some additional storm drain improvements but the Engineer has not agreed to move forward with the MOU as presented.  The City will bring this item back to the City Council when there is an understanding among the parties.

MOTION: Council Member McDonald moved to table item 5)A
SECOND:  Council Member Mendenhall
VOTE: The motion carried unanimously.

Council Member Densley AYE
Council Member Elwell AYE
Council Member McDonald AYE
Council Member Mendenhall AYE
Council Member Roberts AYE

B. Presentation of department needs for upcoming fiscal year budget
Dale Coulam provided the City Council with Fiscal Year 2014 Budget Requests/Needs.  A copy is available by request through Ivins City Hall.  With Rocky Mountain Power no longer being a willing seller, the fee for that item will continue to increase due to legal fees.  He met with the City of St. George regarding discussions for SunTran and a draft agreement is being drawn up.  The commuter route would be from the Dixie College terminal to Red Mountain Spa with stops anticipated at the Snow Canyon Clinic, the VA Center and a few other stops.  The amount originally budgeted in this fiscal year was $60,000 but that anticipated some contribution by Santa Clara.  Santa Clara is unable to contribute at this time.  An additional $65,000 will be needed to cover the purchase of the bus, which costs approximately $125,000.  The City of St. George recently ordered a new bus and was told it will take approximately sixteen (16) months before the bus will be delivered so this expense may not actually be incurred until FYE 2015.  Regarding City Personnel, it's proposed there be a 2.5% Pay-for-Performance increase that would not be automatic or guaranteed.  The other item affecting City Personnel would involve a change in policy concerning health benefits.  Currently city policy provides for health benefits for an employee and their family, but with the costs continuing to rise, he doesn't see how the City can continue to do that indefinitely into the future.  What's being proposed is a sharing of any increase in health insurance premiums for at least the next three (3) years.  The Building Department needs a pickup truck and the Police Department has a pickup truck that doesn't fit their needs but could be used in Building.  The Police Department would replace that pickup with a more applicable vehicle.  The City is looking at the possibility of merging fire services with Santa Clara but he doesn't know if a merger would save any money for Ivins.  The Parks and Recreation Department needs to replace an old pickup truck.  They would like to build a wall on Center Street and Docena, landscape the southeast corner of the roundabout, add shade structures in UNITY Park and update the Park and Recreation Master Plan.  There are several Public Works projects that have been budgeted for in this fiscal year but will be carried forward to next year.  The Public Works department needs to do road maintenance and would like to put in path lighting on Center Street from Docena to Puerto, install the 200 East path, purchase a new vehicle to replace an old pickup, replace meter reading mobile collector and update GPS equipment.  Overall the department requests are fairly modest this year and the new budget year may be the year to consider a 10% reduction in property tax that was proposed by Council Member Roberts last year.  Council Member Roberts inquired if there is a way to scale the property tax reduction to a percentage of the sales tax increase.  Dale Coulam stated that it is more difficult and would have to be based on the previous year.  Council Member Densley requested the Director of Finance provide the approximate average property tax savings for a property owner.
C. Discuss and consider approval of revised City business advertising program, including approval of Resolution No. 2013-03R, a Resolution of Ivins City, Utah, amending the Consolidated Fee Schedule
Dale Coulam indicated he has been working with the Business License Specialist Kent Cook regarding this.  Kent has gone to several business owners and had discussions with them and printing companies for costs.  Kent would promote advertising and put together inserts that could go in the newsletter.  Once the fee structure is in place, the Business License Specialist can move forward.

MOTION: Council Member Densley moved to approve Resolution No. 2013-03R, a Resolution of Ivins City, Utah, amending the Consolidated Fee Schedule
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

Council Member Densley AYE
Council Member Elwell AYE
Council Member McDonald AYE
Council Member Mendenhall AYE
Council Member Roberts AYE

Roll call vote.  All in favor.

6) CONSENT AGENDA
A. Approval of an expenditure for the purchase of laptop computers for the Santa Clara Ivins Public Safety Department
B. Approval of Meeting Minutes for January 17, 2013

MOTION: Council Member Elwell moved to approve Consent Agenda items A & B
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

Council Member Densley AYE
Council Member Elwell AYE
Council Member McDonald AYE
Council Member Mendenhall AYE
Council Member Roberts AYE


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell - no report
Council Member Roberts - no report
Council Member Densley reported the flood control meeting was cancelled and re-scheduled for March.  He has a conflict with the March date.  Mayor Hart indicated he would attend on Council Member Densley's behalf.  Council Member Densley suggested a discussion regarding Rocky Mountain Power be on a future City Council agenda.
B. Mayor - no report
C. City Manager/Attorney Dale Coulam
Dale Coulam stated the Planning Commission will be making a presentation on the commercial zone text amendments at the next City Council meeting and Kent Cook will provide a report to the Council regarding newsletter advertising.
D. Items to be placed on future agendas
Discussion regarding Rocky Mountain Power, Planning Commission report on zone text amendments and a report from Kent Cook regarding advertising.

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND:  Council Member Densley
VOTE: The motion carried unanimously.

Council Member Densley AYE
Council Member Elwell AYE
Council Member McDonald AYE
Council Member Mendenhall AYE
Council Member Roberts AYE

The meeting adjourned at 7:15 p.m.

Respectfully,



Kari D. Jimenez, CMC
City Recorder