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,
Director of Finance Alan Rae,
Public Works Director Dave Glenn,
City Engineer Chuck Gillette,
Building and Zoning Administrator Kevin Rudd,
and
City Recorder Kari D. Jimenez.
EXCUSED: None.
Audience: Claudette Larsen, Gary Zabriskie, Roger Bray, Suzy Appel, Bill Shaw and others who did not sign in.
Mayor Hart acknowledged there was a quorum present and indicated Council Member Densley would be arriving later.
Council Member Mendenhall led the Flag Salute
Council Member Roberts gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Dave Glenn indicated City Engineer Chuck Gillette was unable to attend the meeting but provided a written report to the City Council. He also provided a 5 year monthly water usage comparison report to the City Council. Copies of the reports are available by request through Ivins City Hall. The design kick off meeting for the Center Street Widening project will be held on Tuesday, April 23, 2013. He received a comment from Santa Clara Mayor, Rick Rosenberg regarding how well the Tuacahn Detention Basin blends into the surroundings. Council Member Elwell referred to the Center Street Widening project and inquired if there is going to be a bus stop near the medical center on Center Street. Dave Glenn stated that was the intention assuming the City is able to obtain the easement.
Kevin Rudd reported the City has issued 40 single family buildings permits so far in 2013. The developers of the Desert Rose subdivision intend to break ground within the next 30 days.
Lance Anderson reported the Planning Commission held Public Hearings on a Class IV Conditional Use application for a Casita/Guesthouse and on a Preliminary Plan for the Palisades Subdivision. The Planning Commission approved the Class IV Conditional Use application and recommended approval of the Preliminary Plan for the Palisades Subdivision along with the trail. The Planning Commission also approved a Final Plat for Taviawk Subdivision Phase IX-E. Council Member Elwell referred to the trail and indicated in the past there has been an issue with making a step-over connection into the habitat. Lance Anderson indicated an agreement has been made with the habitat that resolves that.
Kevin Rudd stated this proposal consists of three (3) amendments. The first is a Subdivision Lot Averaging Overlay District that would require a subdivision plan be submitted with its application. If approved, the subdivision plan would become the Overlay District. If the subdivision is not recorded or expires, the Overlay District would also expire. In order to qualify for this district, the average lot size must meet or exceed the underlying zone, which is determined by dividing the total combined square footage of all the lots by the total number of lots. Only 25% of the total lots may have a square footage less than the underlying zone and no individual lot may be less than 75% of the underlying zone minimum lot size. Staff feels the Overlay District meets the spirit of the underlying zone and provides developers with a useful tool when designing a subdivision layout. The second amendment would be an exemption from a Building Permit for Smaller Accessory Buildings. Currently the Zoning Ordinance exempts buildings 120 sq ft or less and the adopted Residential Building Code exempts buildings 200 sq ft or less. Staff proposes this amendment so it is consistent with the Residential Building Code. The third amendment would allow Front Yard Courtyards in the Front Setback. He referred to Exhibit #1 showing the setback requirements and proposed heights as well as photo examples of courtyard walls. A copy of the exhibit and photos are available by request through Ivins City Hall. The amendment would allow courtyard walls with heights above 3'6" within the front setback area and would require setbacks from the property lines which would address sightline issues.
Mayor Hart opened the Public Hearing. Suzy Appel resides in Ivins at 715 South 200 West and is a Realtor. She indicated front yard courtyards are increasingly popular because home owners want to be able to take advantage of the views and outdoor living that are available in this area. There being no further comments, Mayor Hart closed the Public Hearing.
Council Member McDonald referred to the requirement that the archway entrance be located on the side of the courtyard if it is within the front setback and inquired if a regular pass through entrance in the front would still be allowed. Kevin Rudd indicated it would. Council Member Roberts inquired if an archways entrance would be allowed in the front if it wasn't in the front setback. Kevin Rudd stated it would. Council Member Elwell did not have an issue with the archway being in the front if it was set back 15' and not in the front setback. Mayor Hart indicated he thinks the courtyards are a great idea but has some concerns regarding the courtyard walls being overly intrusive on the accessible view to the neighboring property. He recommended there be a requirement that the distance from the side yard increase the closer to the front property line the wall got. As an example, if the setback was 25', he would take a 45 degree triangle and that courtyard wall could not intrude into that. Council Member Elwell agreed and stated he is also concerned about site safety. Kevin Rudd indicated Mayor Hart's recommendation would be easy to incorporate and stated the front courtyard walls have to meet the site line requirement. Mayor Hart referred to the height of the arch being defined and indicated he has seen those done where they sprawl out over 20 feet or more and he doesn't see anything limiting that. He suggested there be language in the ordinance that covers that. Council Member McDonald agreed with Mayor Hart regarding the angling. Kevin Rudd indicated the City could define the need for a 25' by 25' angle and a 15' angle on the other side. Dale Coulam stated that due to the requested changes, this item should be tabled and brought back to the City Council to review the changes.
MOTION: Council Member McDonald moved to table item 4)B until the next City Council meeting
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 |
Dale Coulam indicated Gary Zabriskie from the Five County Association of Governments is present to answer questions about the modeling software used in the draft Affordable Housing Plan. He also stated that there was a lot of material to consider and the Council was not expected to adopt this plan tonight. It took several meetings for the Planning Commission to review and forward this to the City Council in a final draft. Gary Zabriskie stated in 1996 a bill was drafted that required communities to address affordable housing and in 1998 a push was made for communities to start addressing moderate income housing through written plans. The Association of Governments was involved early on in that process. In 2000 the State developed a simple modeling software using Excel, Lotus and Quattro Pro that didn't work too well. There were only approximately 20% of the communities in Utah that had an affordable housing plan. Currently stated wide approximately 47% of the communities have a plan that meets all of the requirements. In 2011 the Utah Division of Housing and Community Development decided to re-visit the software modeling and bring it up to date. They hired a non-profit organization by the name of Lotus Community Development. They developed a guide book on developing moderate income housing plans. Lotus developed an updated software model that uses an excel spreadsheet. The software estimates housing affordability in terms of supply and price gap. The software pulls in data from the Assessor's office, State Tax Commission's office as well as Census information. The software also looks at population projections, does a straight line analysis and determines five (5) years from now what the need will be based on the current gap, plus projected future growth. The software also adds a quantitative element that is meant to spur discussion and move towards addressing the needs of all housing income levels. The goal is to meet with each community that is required to have a plan, which is any community over 1000 people, and work with them to be compliant with the requirement. It's helpful that Ivins recently passed a Zoning Ordinance that reduced lot sizes. Ivins can reference that and other things the City has done that would be part of the moderate income housing element. Once a plan is completed, it is sent to the State of Utah and the State scores the plan and then sends it back to the cities with the score. The plans that the Five County Association of Governments has assisted with score the highest in the State of Utah, averaging a score of 8.2 out of 9.0. Having a plan in place opens the door to potential funding. The State Division of Housing and Community Development has funds available each year and they will specifically invite communities who have an adopted plan that has scored adequately for identifying needs, to participate in utilizing those funds for housing projects. Mayor Hart thanked Mr. Zabriskie and his associates at the Five County Association of Governments for their work on the plan. Mayor Hart inquired what extent the modeling software takes into account actual market trends in a particular area. Gary Zabriskie indicated the modeling software doesn't get into the market situation. That requires hands-on discussion. The way the Five County Association of Governments does that is by obtaining a list of realtors, property managers, builders, religious leaders and similar and then contacting those individuals and asking them what the trends are. The model is different for each community. There will be a new software model coming out in the summer of 2013 address aging and similar issues. Council Member Elwell referred to his position paper that he previously submitted, a copy of which is available by request through Ivins City Hall, and indicated there were certain things in the Moderate Income Housing element document that appeared to be a rebuttal and passive rather than a proactive plan. Council Member Mendenhall stated she didn't receive the document at the previous City Council meeting because she was excused from that meeting. There are several documents she needs to review in depth to compare them with Council Member Elwell's position paper. Mayor Hart suggested Mr. Zabriskie or someone from the Five County Association of Governments be involved. Council Member Roberts sees the plan as a statement and thinks the focus should be on page 14 to state what the City has done. He doesn't have a problem with the Planning Commission's or Council Member Elwell's changes but indicated the focus should be on what the City has already done or is in the process of doing.
Dale Coulam indicated this agreement is for the Council to approve the projected timeline and general approval of the agreement.
Council Member Densley arrived at 6:55 p.m. and stated he had no disclosures of conflicts of interest with items on this meeting's agenda.
Council Member Mendenhall inquired as to the status of Tuacahn and Red Mountain Spa being contacted to find out if they are going to contribute to the project. Mayor Hart indicated those discussions have not been done formally. He and Rick Hughes plan to approach them and other business entities in the City seeking contributions. Council Member Mendenhall stated she has a hard time approving this if if they have not been contacted. Mayor Hart indicated the artist Ed Hlavka is anxious to start this project and if this agreement is not approved, he will likely move on to another project. The Mayor's thought is to have a year to raise what funds the City can, as well as work on selling the land in Kane County that was donated to Ivins City. Council Member Roberts agreed with Council Member Mendenhall. Dale Coulam clarified that phase 1 of the project has been budgeted for in the current year. Council Member McDonald stated he tends to be conservative but the location of the roundabout is ideal to promote the City and he doesn't want to see the roundabout remain plain. The longer the City waits to make a decision, the further out the completion of something going in the roundabout will be. He thinks the City should begin phase 1 and see what can be done to raise money to complete the project on schedule. Council Member Elwell agreed with Council Member McDonald. Dale Coulam inquired of Alan Rae regarding spending the money that is currently budgeted for phase 1 before the amended budget has been approved. Alan Rae indicated the City is not legally required to produce a line item budget, only a total of funds and the funds can be moved as long as the budget remains within the total. Rick Hughes thanked the Mayor and City Council for their time and consideration and stated that at the end of phase 1, that is the time to contact people for fundraising because they have a work in progress to show them.
MOTION: Council Member Densley moved to approve the Commission an Artwork for the Tuacahn roundabout and authorizing the expenditure for phase 1
SECOND: Council Member McDonald
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 |
Dale Coulam indicated this agreement was primarily modeled after the version that was adopted by Washington City. Baja has agreed to the highlighted modifications requested by Ivins City, including the preference to bore under streets when practical. Baja has also entered into an agreement with TDS (Telephone Data Systems). Council Member Elwell stated he is pleased with the service that is being provided.
MOTION: Council Member Roberts moved to approve Resolution No. 2013-08R, a Resolution of Ivins City, Utah, authorizing the execution of a Cable Franchise Agreement with Baja Broadband Operating Company, LLC
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 |
Roll call vote. All Council Members voted in favor.
MOTION: Council Member Mendenhall moved to approve Resolution No. 2013-09R, a Resolution of Ivins City, Utah, approving the transfer of Cable Franchise
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 |
Roll call vote. All Council Members voted in favor.
MOTION: Council Member Mendenhall moved to approve Resolution No. 2013-10R, a Resolution of Ivins City, Utah, authorizing execution of a First Amendment to Lease Agreement with Baja Broadband Operating Company, LLC
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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam indicated that Baja has a lease on a vault in the park on 400 East and Center Street. This agreement would transfer the lease to TDS, as well extend the lease term and increase the rental rate.
Dale Coulam stated there has been a significant change regarding ambulance services. On April 9, 2013 Dixie Ambulance Services announced it would cease operations effective at 7:00 a.m. on Sunday, April 14, 2013. Ivins considered that to be an anticipatory breach of its Mutual Aid Agreements with Dixie Ambulance and, as a result, has terminated those agreements effective at 7:00 a.m. on Sunday, April 14, 2013. This situation created an immediate need to cover EMS throughout Washington County. The proposed Mutual Aid Agreement is for all EMS providers going forward. Ivins City has been assigned the coverage area west of St. George. In the future the Council will need to make a policy decision as to whether or not Ivins City wants to continue to cover that area on a permanent basis. Ivins City has two (2) ambulances and staffs one of the ambulances 24/7 with two (2) people. The backup ambulance is primarily staffed by employees who are EMS certified. His concern with making the entire assigned coverage area permanent is if one of the ambulances was at the hospital in St. George and the other was in Gunlock, there wouldn't be adequate service for Ivins residents. Ivins provides the best EMS service in the County and he wants responses to Ivins residents to be a first priority. Ivins City is reviewing the numbers to determine if the additional calls from taking on Santa Clara and the VA Center would eliminate any subsidy from the General Fund. Council Member Elwell referred to services provided to Santa Clara and inquired how Santa Clara was able to compensate Dixie Ambulance. Dale Coulam indicated they didn't because Dixie Ambulance only charged the patient. If Ivins doesn't provide service to Santa Clara, Gold Cross would respond. Council Member Roberts inquired if Gold Cross is offering Paramedic services. Dale Coulam stated "yes" and indicated Ivins City is in the process of applying for a "Paramedic Available" license. Some of Ivins EMT's are licensed Paramedics. If a Paramedic is on shift, the Paramedic rate is billed. Ivins currently has to call an outside Paramedic service to either meet Ivins in route or on-scene to provide those services. Jon Ward has already requested the paperwork to get that process started as well as for a change in Ivins' service area.
MOTION: Council Member Densley moved to approve Resolution No. 2013-11R, a Resolution of Ivins City, Utah, authorizing the execution of the Washington County Utah Emergency Medical Services Mutual Aid Agreement
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 |
Roll call vote. All Council Members voted in favor.
Alan Rae inquired if there is anything the City Council would like to see changed in the budget. Council Member Roberts indicated he is fine with the budget as long as the City maintains the property taxes and doesn't increase them. Alan Rae stated the only increase proposed relates to new construction. Under State law, the State will provide Ivins with the tax rate to tax the tax payers at the same rate that they have been since and tax since 2005. The rate will change accordingly based on assessed property values. Council Member Densley referred to the COLA (Cost of Living Adjustment) and health coverage and inquired if that is sufficiently covered in the budget. Alan Rae indicated it was unless the health insurance quote is more than 15%. Dale Coulam stated the numbers for the health insurance are a rough estimate. The health insurance brokers are just now starting to get the numbers in and it may be a month before the City knows the actual numbers. Alan Rae indicated he has looked at Ivins current health insurance plan and he doesn't see the City being assessed any of the fines pursuant to "Obama Care." Alan Rae stated the City Department Heads have been conservative in their budgets while providing the same level of service. Dale Coulam indicated Alan has been awarded the Distinguished Budget Presentation which is a rare award. He is also participating in the Utah Chapter of the GFOA (Government Finance Officers Association) this week and was one of the presenters at that conference. Mayor Hart stated the budget is a very easy document to work with and is very clear. Dale Coulam indicated he intends to schedule a time to meet with INKAS (Ivins No Kill Animal Supporters) and Alan Rae to explain the changes in the budget and going forward he plans to meet periodically with the two 501(C)3 non-profit groups that support the shelter.
Dale Coulam stated this is a formality. The developer intends to break ground within thirty (30) days but the Final Plat expires on May 16, 2013 and they have requested an extension. Staff recommends approval of the extension.
MOTION: Council Member Mendenhall moved to approve the extension for the Desert Rose Subdivision Phase 1 Final Plat
SECOND: Council Member Roberts
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 |
Dale Coulam indicated during the 1000 year storm in September, 2012 there was flooding in the Sun Crest West and Amber Estates areas. The City met with the developer and their engineer on two (2) occasions and thought the City had an agreement regarding some additional drainage improvements. The City has been unable to obtain signatures from all of the parties. The parties are still talking and there may be a way to get some improvements in place without a formal agreement but he is not comfortable leaving the prior approval in place since the parties have not all signed the MOU.
MOTION: Council Member Mendenhall moved to rescind the prior approval regarding Sun Crest West Memorandum of Understanding for additional drainage improvements
SECOND: Council Member McDonald
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 |