All present included Council Member Elwell, Council Member Mendenhall, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, City Engineer Chuck Gillette, and Building and Zoning Administrator Kevin Rudd.
EXCUSED: Council Member McDonaldAudience: Lisa Rutherford, Claudette Larsen, MinDee Romberger, Nate Romberger, Amy Miller, George & Cherie Stoddard, Ellen Ence, Lance Anderson and others who did not sign in.
A. Acknowledgement of Quorum Mayor Hart acknowledged the Quorum and indicated Council Member McDonald was not in attendance and was excused.
B. Flag Salute Council Member Elwell led the Flag Salute
C. Invocation Council Member Elwell gave the Invocation
D. Disclosures Council Member Roberts referred to agenda item 4)A and disclosed that he owns property across the street from that property. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
A. Department Reports: Public Works, Engineering and Building Department Dale Coulam indicated Dave Glenn is not present tonight but provided a written report. A copy of the report is available by request through Ivins City Hall.
Chuck Gillette reported reconstruction of Snow Canyon Drive at the entrance of Snow Canyon State Park is under construction. The contractor is JP Excavating and the road may be paved as early as the week of March 25th. The design is complete and easements are being obtained for the Tuacahn Wash Rip Rap project. The City has submitted the stream alteration permit application to the State and is expecting a response from the State the week of March 25th. Bidding will commence once the permit and easements are obtained. Federal funds have been granted for the Center Street Widening project. Sunrise Engineering has been selected to perform the design engineering and the City is working towards having the project designed and bid for construction over the next two (2) months, with construction beginning this summer.
Kevin Rudd reported the City has issued 30 single family building permits so far in 2013, which is twice as many as last year. A Preliminary Plan for the Palisades development which is east of Center Street, has been submitted by developer Walter Plumb. The City Council will likely see that plan at their first meeting in May. There were some changes to the State's residential codes and the City would like to update the zoning ordinance to be consistent with the State's codes.
B. Planning Commission Report Chairperson Adel Murphy reported the Planning Commission held a Public Hearing on a Proposed Class IV Conditional Use permit for a Reception Center, Public Use for a proposed Fire Station and relocating existing Kayenta Development offices in the Coyote Gulch commercial area. The Planning Commission recommended approval of the Conditional Use Permit for the Class IV uses. The Planning Commission also held a Public Hearing on a proposed amendment to the Moderate Income Housing Element of Ivins City's General Plan. That will proceed to the City Council for a Public Hearing. The Planning Commission discussed a subdivision lot averaging overlay district, smaller accessory buildings exemption from building permit requirements and front yard courtyards. A Public Hearing on those items will be heard at the next Planning Commission meeting. Dale Coulam clarified that the Conditional Use Permit was approved by the Planning Commission because it was a class IV permit and their decision is final.
C. Presentation by the Kayenta Arts Foundation and discussion regarding Impact Fees for the Arts Center Mayor Hart indicated this item needs to be tabled to the next City Council meeting.
MOTION: Council Member Elwell moved to table item 2)C to the next City Council meeting
SECOND: Council Member Mendenhall
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley AYE Council Member McDonald ABSENT
D. Ivins Tourism Council Video Dale Coulam provided a video presentation to the City Council that was prepared by the Ivins Tourism Council. A copy of the video is available by request through the Ivins Tourism Council at http://www.visitivinsutah.com Dale Coulam stated he would like to have a link to the video on Ivins City's website with the permission of the Tourism Council. The Mayor and City Council agreed and Mayor Hart indicated authorization from a representative of the Ivins Tourism Council was given.
| 3) | CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE |
Kevin Rudd indicated this property is located at approximately 50 West between 100 South and 200 South and consists of 3.75 acres. The current zoning is RE-12.5 and the applicant is requesting a zone change to R-1-7.5. The Land Use Plan identifies this property as "Medium Density Residential". There are three (3) zones that qualify as Medium Density Residential including RE-12.5 (Residential Estates minimum lot size 12,500 sq. ft.), R-1-10 (Single Family minimum lot size 10,000 sq ft. and R-1-7.5 (Single Family minimum lot size 7500 sq ft. From Staff's point of view, the best way to develop this property would be to put a road straight through the property because that would allow for connectivity, traffic disbursement and infill development. Council Member Densley was concerned with the cost of the road and required improvements to the developer. Mayor Hart opened the Public Hearing. Ellen Ence resides at 80 West 100 South. She is concerned with the smaller lots and the potential for starter homes to be built because once the families outgrow the homes, they move out and she feels the property may not be kept up. MinDee Romberger resides at 45 West 200 South. She expressed similar concerns and indicated she preferred the historic township area retain larger lots. She stated that the homes surrounding this property are 12,500 sq. ft. lots. Jay Page owns the property and is the applicant. He provided a lot layout to the Mayor and City Council. A copy of the lot layout is available by request through Ivins City Hall. He indicated that the way he has laid out the lots, they are all approximately 9,000 sq ft lots. If he's required to have a minimum lot size of 10,000 sq ft, he would lose two (2) lots. Council Member Elwell referred to the layout and inquired why Mr. Page drew the development as a cul-de-sac. Jay Page stated cul-de-sac lots are more desirable and there is less traffic. Council Member Roberts inquired what the owner would do if he were contacted by another developer similar to Color Country Community Housing, to sale the property. Jay Page indicated he would continue to develop the property as identified on the lot layout and if there were a buyer, he would sell. MinDee Romberger commented on lot layout and stated if there was a guarantee the property would be developed as it is on the lot layout, she would be in favor of the development. Diane Warwick resides in Ivins and she is not in favor of the lot layout because of the number of homes that would be built along with the traffic that would come with the development. Ruth Roberts resides at 213 South 100 West and indicated she completely agrees with MinDee Romberger. She thinks the lot layout is beautiful but doesn't like that the owner could sell the property to a developer like Color Country Community Housing and that there's enough of that development around them. Amy Miller resides at 237 South 100 West and agreed with Ruth Roberts. She is tired of being saturated with Color Country Community Housing development. Kevin Rudd indicated there is no way to guarantee that the lot layout on the plan will actually be developed. Even if a plat was recorded, there's nothing that prevents a new owner to develop it differently. Mayor Hart closed the Public Hearing.Council Member Elwell indicated he is concerned about density for this particular parcel and needs to know the allowances and constraints for the parcel as it relates to a road going straight through the parcel rather than a cul-de-sac. He has reviewed the deliberations of the Planning Commission and found himself drawn to Commissioner Loris' perspective. He sustained throughout that in creating the General Plan, Transportation Master Plan, Subdivision Ordinances etc., care was taken to ensure some roadway flexibility when dealing with unusual or special circumstances. When Sensitive Lands or infilled developments are an issue and concerns such as unusual configurations of parcels or where view or natural features are to be protected or where minimal or challenging access to the property exists, creativity may be required in road design and placement for purposes of mitigation to ensure the landowners development rights. None of these special circumstances exist for the applicants property. Lacking such special circumstances or conditions, the standards of the General Plan and Transportation Master Plan should be applied and a road connecting 100 South to 200 South should rule. The Transportation Master Plan section 3.11.2.2 "Roadway Network Design" indicates new roadway networks shall be designed in accordance with the General Planning concepts, guidelines and objectives provided in that section. A reduction in the use of cul-de-sacs should be emphasized in order to provide greater traffic circulation which is of the utmost importance. Section 7.1.3 "Benefits of Access Management": Decreased Travel Time; Improved Safety and Preservation of Roadway Level of Service. Council Member Elwell prefers the R-1-7.5 zone for this property because it gives the developer the greatest option and he doesn't see anyway to decrease the lot sizes due to the frontage that is required. With the frontage requirement, the lot sizes are approximately 9000 sq ft lots and the parcel is self limiting no matter who owns the property. However the property is developed, he feels it should have a through connecting street. Council Member Roberts has neighbors and family members that are concerned with the development of this property. His concern is if the property remains the way that it is, the parcel would be a flag lot and he is not in favor of flag lots. He prefers the R-1-7.5 zone because he is comfortable with the fact that frontage requirements prohibit any lot being smaller than approximately 8900 sq. ft. Dale Coulam clarified that on the Transportation Master Plan map, a street through that property is not required. If a non-required street is proposed in a plan, the City can encourage connectivity but not necessarily require it. Council Member Densley prefers the lot remain as it is currently zoned. Council Member Mendenhall agreed that the parcel is self limiting based on the frontage requirements. Dale Coulam clarified that it is self limiting as it relates to density. Council Member Mendenhall is opposed to the flag lot situation and indicated that with the frontage requirements, the limitations would make a mix of 7500 sq ft lots and larger depending on the configurations and that is not necessarily a bad idea. The development would resemble what the Council has been trying to accomplish with the overlay and a mixture of lot sizes. Council Member Roberts stated that the Land Use Plan for this area is medium density, which includes 7500 sq ft lots. The property owner has that right to develop the property as medium density.
MOTION: Council Member Elwell moved to approve to deny the Planning Commission's recommendation and instead approve 7500 sq ft lots
SECOND: Council Member Roberts
VOTE: The motion carried.
Council Member Elwell AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley NAY Council Member McDonald ABSENT
Council Member Roberts seconded the motion with the following explanation: He has lived across the street from the parcel since he has lived in Ivins and it has been a weed infested field. Every fall and winter there are tumbleweeds, goat head spurs and similar that blows across into his yard and garden. The risk he sees is if the zone is not changed to the 7500 sq ft lots, the developer could say he isn't going to develop it and then sell it somebody else. There is also the risk that there are flag lots. He would rather see the property developed. Dale Coulam clarified that the Motion is to deny the Planning Commission's recommendation at 10,000 sq ft lots and to approve the applicant's request at 7500 sq ft lots.
Roll call vote. Council Member Elwell, Council Member Mendenhall and Council Member Roberts voted in favor, Council Member Densley voted in opposition and Council Member McDonald was absent.Council Member Elwell commented that there are great people on the TRC (Technical Review Committee) and he would support what they recommend for the development of this property.
A. Presentation and discussion regarding recommendations for the Snow Canyon / Tuacahn Drive roundabout center piece Artist Ed Hlavka stated he took the City Council members suggestions and made the changes. The Mayor and City Council think the statue will be a great addition to the area and to the roundabout. Mayor Hart indicated the question now is if the City Council is prepared to commit the statue. An outline of the payment schedule was previously provided to the City Council and is available by request through Ivins City Hall. Dale Coulam stated at the next City Council meeting the tentative budgets will be presented. There are sufficient funds in this year's budget to commence phase 1 if the City Council were to approve that. The City Council could consider approving phase 1 in this fiscal year and then move forward with the balance in future fiscal years as well as approve a formal contract. Council Member Densley suggested the proposed budgets include lighting and landscaping around the roundabout and sculpture. Council Member Mendenhall inquired if the Mayor was going to pursue contacting commercial entities to contribute to the sculpture. Mayor Hart indicated he would be contacting them.
B. Discuss and consider approval of the Form Tomorrow Education to Action Application to allow graduate students to work with Form Tomorrow in assist the Sensitive Lands Committee Dale Coulam indicated the Sensitive Lands Committee has been reviewing how to apply the Sensitive Lands Ordinance to high density residential and commercial properties. The Sensitive Lands Ordinance was designed for lower density residential so there have been some challenges to development. Lisa Rutherford representing the Sensitive Lands Committee and Peter Stempel representing Form Tomorrow are present tonight. The Sensitive Lands Committee thought it would be good to bring in Form Tomorrow; that group has helped Ivins on zoning issues before and is good at visualizing concepts. At Form Tomorrow's suggestion, they have recommended the use of graduate students to assist with modeling to visualize concepts. The agreement before the City Council for approval would define the scope of the project with Form Tomorrow. Form Tomorrow has asked the City to assist them with getting the word out to the community that the opportunity exists to house these graduate students. The City would agree to provide some work space at City Hall. Peter Stempel stated a lot of communities are facing similar issues with Sensitive Lands and the issues are great educational opportunities for graduate students and is a win/win situation. He has been involved in the student exchange program for the last four (4) or five (5) years. The objectives of the project would be to provide insight to the committee pertaining to the impacts of regulations that are being revised, illustrate conditions that are similar to those that the Sensitive Lands Committee are concerned with, research precedents to examine ways other communities have dealt with Sensitive Lands, recommend alternatives and assist the Sensitive Lands Committee with illustrations for the ordinance. Lisa Rutherford indicated she has been working with this issue for approximately a year and became aware of Peter Stempel through the Vision Dixie process.
MOTION: Council Member Elwell moved to approve the Form Tomorrow Education to Action Community or Non-Profit Application
SECOND: Council Member Mendenhall
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley AYE Council Member McDonald ABSENT
Mayor Hart requested the rules be suspended to move item 5)C to the end of the agenda under item 5.
MOTION: Council Member Roberts moved suspend the rules and move item 5)C below item 5)F
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley AYE Council Member McDonald ABSENT
D. Discuss and consider Community Performance Plan - 2013 Dale Coulam stated Mark Cox with Rocky Mountain Power provided the proposed Community Performance Plan for 2013. Mark Cox indicated he has been involved with this program for six (6) years and has met with various communities to see what they want to accomplish. He suggested working with Ivins to discuss the City's goals. Mayor Hart stated it is important to work on energy efficiency information and programs and suggested publishing information in the Ivins City newsletter regarding energy efficiency. The City Council members agreed.
E. Discussion of citizen survey methods concerning municipalization of electrical power Dale Coulam indicated the larger polling companies that he has been contacting have not been responsive. The survey would be small and simple. Ivins City has the technology available through Parlant Technology to conduct a survey and inquired how the City Council would like to proceed. Council Member Densley stated he has had a lot of discussions and emails with several residents. The Mayor has put forward a significant amount of effort providing information and the survey is going to take time for staff to conduct. He inquired if that time and cost is what the City Council wants. If not, he would prefer to not waste the time and resources. The feeling he is getting from people is that they're happy with Rocky Mountain Power. Mayor Hart indicated he is not personally invested in the municipalization of power, only as far as the time he has spent but he is not trying to advocate one position or another. Council Member Roberts stated he likes having the freedom to chose but after the Director of Finance Alan Rae provided the presentation on finances, bonds, legals costs, fees, loss of franchise fees and similar, he was shocked. He changed his mind after that presentation and agreed with Council Member Densley. Council Member Mendenhall indicated she is on the same page for the same reason. She has learned a lot through the process but if two lines were drawn for the pros and cons, there was nothing that was definitive in moving forward with municipalization and no assurance that it would work. She encouraged Rocky Mountain Power to discuss with residents information on how to conserve energy. She doesn't think the City is in a financial position to make a change from Rocky Mountain Power to municipalized power and 85% of residents who have contacted her have that same opinion. Council Member Elwell is concerned with the uncertainty and expense. Mayor Hart stated he was grateful to the Council and expressed gratitude for the help in working through this. He would like to continue the dialog with Rocky Mountain Power to promote the City as conservation minded and forward thinking. Lucky with Rocky Mountain Power thanked the City Council and indicated the Community Performance Plan is a real plan and Rocky Mountain Power intends to work closely with the City and the more awareness that is out there for energy conservation, the more the residents may understand conserving and renewable energy.
F. Discussion of possible additional notice to the public on land use plan amendments Dale Coulam indicated Council Member McDonald brought this agenda item forward. The City follows all of the requirements for notification and actually goes beyond what is required but there is the possibility of additional notices to residents, including notification via Parlant Technologies. He also suggested holding a series of open houses for a City wide amendment to receive input from residents before proceeding to a Public Hearing. He suggested this agenda item be placed on a future meeting agenda when Council Member McDonald is present. The Mayor and City Council agreed.
C. Discussion of the Planning Commission’s recommendations for Commercial Zoning text amendments to Chapter 6, 17 and 19 as well as amendments to Table 33-2 of the Ivins City Zoning Ordinance Mayor Hart suggested a Work Meeting with the Planning Commission to discuss the recommendations. Kevin Rudd indicated he and Dale Coulam were present through the discussions and they understand what the Planning Commission's intent was. It would not be necessary to meet with the Planning Commission. A City Council Work Meeting with Dale Coulam and Kevin Rudd will be held on Thursday, May 9, 2013 at 5:30 p.m.
A. Approval of Meeting Minutes for March 7, 2013
B. Approval of expenditure in the amount of approximately $7,500 to contract legal service for Public Safety policy and procedures
C. Approval of expenditure for design of Center Street trail lighting project
MOTION: Council Member Elwell moved to approve Consent Agenda items A, B and C
SECOND: Council Member Mendenhall
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley AYE Council Member McDonald ABSENT
| 7) | CONSENT AGENDA ITEMS FOR DISCUSSION |
| 8) | REPORTS |
A. Council Council Member Elwell inquired as to the status of the damaged fence that is encroaching on City property on Main Street. Dale Coulam stated it is in litigation.
Council Member Mendenhall - no report
Council Member Roberts - no report
Council Member Densley - no report
B. Mayor Mayor Hart reported he spoke with Planning Commission Member Jeff Loris regarding his term concluding as of April 1, 2013. He has agreed to serve another term and a Resolution re-appointing him will be on the next City Council agenda. Mayor Hart requested suggestions from the City Council regarding Planning Commission Member Todd Benson's vacancy. He feels that the Planning Commission should be a semi-professional entity with individuals who have planning backgrounds. Council Member Roberts recommended Kurt Hutchings who is a Planner with Washington County and a resident of Ivins City.
C. City Manager/Attorney Dale Coulam Dale Coulam reported that he met with Council Member Densley regarding advertising in the City newsletter. This is growing and the City Council will see two (2) pages of advertising in the newsletter rather than one (1) page. Business License Specialist Kent Cook will report to the City Council on advertising at the end of April or first of May. Dale Coulam reported that he has received the bus contract and staff is reviewing it. Mayor Hart suggested Public Works Director Dave Glenn or someone similar provide suggestions on where the bus stops should be. He also suggested the benches, shelter and other amenities at the bus stops be consistent.
D. Items to be placed on future agendas
| 9) | CLOSED MEETING |
| 10) | ADJOURNMENT |
MOTION: Council Member Densley moved to adjourn
SECOND: Council Member Mendenhall
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley AYE Council Member McDonald ABSENT
The meeting adjourned at 8:45 p.m.
Respectfully,
Kari D. Jimenez, CMC
Ivins City Recorder