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/Attorney Dale Coulam,
Director of Parks and Recreation Benny Sorensen,
Director of Public Safety Bob Flowers,
Building and Zoning Administrator Kevin Rudd,
Director of Finance Alan Rae,
and
Business License Specialist Kent Cook.
EXCUSED: None.
Audience: Gary & Nancy Crane, Reece Webster, Lisa Rutherford, Brandee Walker, Rob Roush, Walter Plumb, K. Hanner, William & Gillian Papanikolas and others who did not sign in.
Council Member Roberts led the Flag Salute
Council Member Roberts gave the Invocation
Mayor Hart disclosed that he part of a family business that develops property adjacent to the property that will be discussed under agenda item 4)A&B.
Benny Sorensen provided a written report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. He reported the Red Mountain 50/30k Half Marathon was held on April 20, 2013; there was a baseball tournament at UNITY Park on April 19 & 20, 2013 and baseball starts on May 15, 2013. Registration for tennis and yoga are open and the splash pad is open for the season, although one of the features is leaking and is shut down. Staff has continued to work on the Center Street/Tuacahn/Snow Canyon roundabout as well as the parks and landscape areas trying to stay ahead of the weeds. They have not been able to spray or burn the weeds due to the wind. The pump for irrigation water at the Cemetery has arrived and staff will install it so the City can use irrigation water. There were no burials in April and vandalism has decreased. He received a notice from the County soliciting anyone interested in working on and entering a seed display at the County Fair.
Bob Flowers provided a written report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. He reported he has received inquiries about egress evacuation in the Kayenta area during the fire season. He has reviewed that with Fire Chief Randy Hancey and he is confident there are enough roads in that area besides Taviawk or Highway 91 to do what needs to be done in an emergency situation. Chief Flowers will provide information on that in the next newsletter.
Kevin Rudd reported that the Planning Commission approved a Final Plat for Kayenta Phase X-I.
Kent Cook reported he attended the Washington County Economic Development Committee (WCEDC) meeting and toured the new Family Dollar Distribution Center. He provided a document outlining six (6) goals of the WCEDC and a proposed name change for the WCEDC. A copy of the document is available by request through Ivins City Hall. He reported that advertising through the City newsletter is growing and he made four (4) physical visits and several phone calls to businesses in Ivins regarding advertising in the newsletter. Council Member Densley inquired if he had made contact with Red Mountain Spa and the restaurant at Red Mountain Spa. Kent Cook indicated he had not and stated he has been in contact with individuals in the Coyote Gulch Village in Kayenta.
Lisa Rutherford resides at 173 North Painted Hills Drive and her property is up against the proposed development. She has communicated her concerns and has had some conversations with Zoning and Building Administrator Kevin Rudd and the City Engineer Chuck Gillette. She is concerned with the proposed path that will run behind her home and the possibility of people peering into her property if the path is a raised path. She would like the path to be lowered. She is also concerned with the safety issue of the trail due to its seclusion. She is also concerned that water is properly drained. She would like the City to limit the number of properties that can be raised with fill, ensure there is dust abatement during construction and keep outdoor lighting to a minimum. Karen Hanner resides at 223 North Painted Hills Drive and stated she is pleased this property is going to be developed because she has been worried about the fire danger. She likes the 50' trail option. Her concerns related to restrictions being in place that an HOA (Home Owners Association) cannot change relating to lighting requirements, noise and similar. She is also concerned about the dust created by development and hopes the construction will be as short as possible.
There being no further comments, Mayor Hart closed the Public Hearing.
Mayor Hart clarified that an HOA is not authorized to create requirements that are not consistent with City code. The HOA requirements can be more restrictive but not less. Dale Coulam indicated that is correct and stated the development is a permitted use and not a conditional use so the City cannot impose conditions that are beyond what is in the ordinance. Kevin Rudd indicated street lights are required on the streets in this development because they will be private streets. The property is being developed by Split Rock and will likely be developed similar to The Reserve development. Dust is a real problem and it will be during construction. The City tries to stay on top of dust abatement but dust is going to be there. Regarding the proposed path, the widest width of the open space for the path is 50' and the narrowest is 30'. The City Engineer believes it is possible for the trail to be v'd down two feet (2') below the current subdivision. There will be an underground drainage system installed. In the first phase a temporary storm drain will be built with a major underground system built as the development is constructed. The developers intend to keep the fill as close to natural existing grade as possible. Council Member Roberts was concerned about the trail not being part of the trail master plan and the existing owners not being aware that a public trail would go through that development. Kevin Rudd clarified that the current plan is nearly identical to the previous plan that was approved. Mayor Hart stated the City tried previously to obtain access to the Reserve with the trail and was denied. He doesn't think privacy will be an issue due to the size of the proposed buffer and thinks it's a nice addition to the development and surrounding properties. Council Member Elwell clarified that many years ago the City attempted to make the connection to the Reserve and the only reason the trail is not on the master plan is because the City was denied access. He would like to see the trail be placed in such a manner that it is not viewed as an intrusion on the current surrounding property owners. Dale Coulam indicated that when a trail was mentioned, staff and the developer thought it would be good to obtain the public's opinion. It is possible for the developer to go back to the original plan that was previously approved along with the previously approved Development Agreement and those are factors to be considered as well. Council Member McDonald stated he would think the property owners would be appreciative of the buffer with the trail. This plan has a lot more privacy than the previous plan and thinks it will be a great benefit to both subdivisions. Walt Plumb with Gardner-Plumb Development indicated they are runners, bikers and similar and are happy to be able to put in the trail. It's remarkable that they were able to obtain the step-over to the HCAC. The main entrance to the development will be gated and he thinks the traffic will be minimal. Regarding lighting, he feels the less lights there are, the better. They are not placing any street lights in the development and are very conscientious of roof lines. Mayor Hart inquired if they intend to pave the trail. Walt Plumb stated that is the City's discretion. Council Member Densley was concerned with the public being able to access the backyards of homes within the subdivision and thinks some other privacy could be added. Walter Plumb indicated there will be an Architectural Control Committee and he envisions this development as being one of the nicest projects in Ivins. Council Member Roberts referred to the trail and stated that the majority of the residents that spoke at the Planning Commission were excited about the trail and intended to put access to the trail from their property. Council Member Mendenhall suggested the dust could be mitigated by how much of the existing property is graded or disturbed. Kevin Rudd indicated the developer intends to install the roads and leave the natural vegetation until they are ready to build a home. Council Member Elwell inquired when the right time was to discuss whether or not the trail will be paved. Dale Coulam stated if the plan is approved with a trail, the type of trail would be addressed in the Development Agreement. Council Member Elwell prefers a paved trail because it would reduce dust and allow handicapped access. The Mayor and other City Council members agreed. Mayor Hart indicated the HCAC is looking at various accessible options to allow handicapped access onto those trails without having to use a step over or steps.
MOTION: Council Member Densley moved to approve the Preliminary Plan for Palisades at Snow Canyon located at approximately 200 North and 700 East, including a 10' paved trail that will be lowered in elevation by approximately two fee (2') along the eastern boundary
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 |
Council Member Elwell asked for a point of discussion regarding the trail and suggested it be clarified that the trail will be lowered in elevation by approximately two feet (2').
Council Member Densley amended his motion to reflect Council Member Elwell's clarification.
Dale Coulam stated this was brought to the City's attention by Todd Muse, owner of Red Mountain Market. Mr. Muse was unable to attend the meeting tonight but concurred with adding the language of "Food/Gas/Groceries or Food/Gas/Market to the wayfinding signs. The City Council agreed that the language of "Food/Gas/Market" be added to the wayfinding signs.
The City will proceed with making that change. Dale Coulam referred to banners that are placed below the signs to advertise City events. It was brought to the City's attention by Tuacahn that such a banner was allowed advertising the Kayenta Street Painting Festival which is not a City event. Tuacahn has asked that they be allowed to advertise the Saturday Market the same way; however, that would require an amendment to the ordinance relating to signage. Mayor Hart indicated advertising for an event is different then advertising for a business. Dale Coulam agreed and the TRC (Technical Review Committee) suggested a relevant factor in allowing a non-City event to advertise on banners should include the generation of sales tax. The City would need to develop criteria and address that in a zoning text amendment. Council Member Mendenhall clarified the City is responsible for passing the sales tax information out and stated there is no definitive way to enforce that. The City Council agreed that this item should be addressed on a future City Council agenda. Dale Coulam indicated there is another sign issue that has come up and that would need to be addressed in an amendment to the sign ordinance as well.
Dale Coulam referred to the wayfinding signs in Kayenta and stated those are currently temporary and inquired if the City Council would like to make those permanent. The Mayor and City Council agreed those should be permanent and that they are very helpful and fit great in the community.
Mayor Hart referred to the clear view restriction for the front yard courtyards and indicated he prefers the setback be twenty-five feet (25') to preserve sight lines for the adjacent home. He indicated a ten foot (10') high entrance with columns, a bridge across the top of the columns and a solid gate is a substantial mass facing straight forward. Regarding the gate, if it is front facing he suggested height restrictions and stated the suggested height of the walls can go from forty-two inches (42") to five feet (5') feet if the walls are meandering. If the front yard courtyard is not facing sideways, the columns for the archway could be no taller than seven feet (7'). If the gate opening is facing forward and in the 45 degree angle, the maximum height would be six feet (6') on the columns and allow another six inches (6") to one foot (1') for the top. Kevin Rudd stated the City could leave the archway out of the ordinance and go back to the original language. Mayor Hart suggested defining an angle to the street and the degree of the angle. Bill Papanikolas indicated a twenty foot (20') setback is preferred over a twenty-five foot (25') setback and larger archways can be done that look nice. Mayor Hart suggested a setback of fifteen feet (15') be allowed if the entrance is on a 45 degree or greater angle to the street. If the entrance is fifteen feet (15') but less than a 45 degree angle, it drops down to the six foot (6') restriction and an archway is not allowed. He also suggested there by a provision in the ordinance for a gateway. The Mayor and City Council agreed and determined the maximum height for gates would be six foot six inches (6' 6"). Dale Coulam suggested this item be tabled and brought back to the City Council to ensure the changes are correct.
MOTION: Council Member Roberts moved to table this item until the City Council sees the changes that have been discussed
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 |
Alan Rae stated if the City Council approves the budget, it will be published for public inspection and a Public Hearing scheduled for the May 16, 2013 City Council meeting. He provided information on Emergency Medical Services and the Animal Shelter, a copy of which is available by request through Ivins City Hall. Council Member Roberts referred to the Dixie Care and Share donation that hasn't been made in the current budget year. Alan Rae indicated if that isn't expended this year, a line item will need to be added. He suggested the entity give the City a bill that indicates what the funds will go towards.
MOTION: Council Member McDonald moved to approve to go to Public Hearing the proposed Tentative Budgets for FYE 2013 & 2014
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 |
Alan Rae indicated copies of the budget will be available at Ivins City Hall as well as on the Ivins City website at
www.ivins.com
Dale Coulam stated this item is in conjunction with the next agenda item. There were three (3) routes submitted to the City of St. George and the version submitted by Dave Glenn was the recommended route chosen by St. George. Copies of the submitted routes are available by request through Ivins City Hall. He indicated what needs to be decided by the City Council is the agreement. The City Council liked different aspects of the three (3) routes but decided that the route Dave Glenn submitted was the best route because it took into consideration the areas that will likely use the service the most. The bus will be ordered after the Public Transit Service Interlocal Cooperation Agreement is approved and signed.
Council Member Mendenhall was excused at 7:40 p.m.
Council Member Roberts inquired if Dale Coulam is comfortable with this agreement. Dale indicated his concern was with the ten (10) year time period but that has been changed to a five (5) year term with an automatic renewal for five (5) years unless notice is given. He was also assured by the City of St. George that the new bus Ivins purchases will be used by Ivins. Council Member Elwell inquired as to the value of the bus at trade-in or sale. The Mayor and City Council agreed that when a bus is sold the value should be credited toward Ivins' portion of the purchase of another bus.
MOTION: Council Member Densley moved to approve the Public Transit Service Interlocal Cooperation Agreement with the amendment that if the bus is retired that Ivins City retains the residual value
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
ABSENT |
Dale Coulam stated that on an emergency basis Ivins has been asked to cover the area west of St. George including Ivins, Santa Clara, Snow Canyon, Highway 91, Shivwits, Gunlock and Motoqua. He recommended purchasing a needed backup ambulance in this budget year. If Ivins continues to service Gunlock and Motoqua, it would require additional staff and cost $30,000 per person for an 8 hour shift. If Ivins retains the mentioned areas except for Gunlock and Motoqua, the City will finally break even, even without the consideration of the Paramedic Available service that Ivins has applied for and can bill for at a higher rate. Council Member Roberts inquired if there would be a territory issue with Gold Cross responding to Gunlock and crossing through Ivins service boundaries. Dale Coulam did not think that would be an issue. The Mayor and City Council supported the continued service of Ivins, Santa Clara, Snow Canyon, Highway 91 and Shivwits. Council Member Elwell referred to Ivins responding to a call from the Veterans Center and inquired who pays for that. Dale Coulam indicated the patient.
MOTION: Council Member Roberts moved to approve expansion of ambulance service area indicated, excluding Motoquoa and Gunlock
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
ABSENT |
Council Member McDonald requested Consent Agenda item A be addressed while Chief Bob Flowers was present.
MOTION: Council Member Roberts moved to suspend the rules and move the Consent Agenda up
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
ABSENT |
Council Member McDonald suggested this item be tabled because Council Member Mendenhall was excused. Council Member Elwell stated he doesn't have something specific over the plan. The totality of it caused him to believe that the plan was counter-productive. If the Council has looked over what his concerns were and his suggestions, he is fine with the document. Council Member Roberts requested a copy of the plan with Council Member Elwell's changes shown in a different color.
MOTION: Council Member Roberts moved to table this
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
ABSENT |
Council Member McDonald inquired if the ambulance has been checked out mechanically. Bob Flowers stated John Ward and mechanic Nick Nuccitelli looked at it as well as the maintenance records. The ambulance was used in Zion National Park. When Springdale purchases an ambulance, it's partially subsidized and Springdale has ordered a new one. Dale Coulam indicated Ivins has a track record with Springdale because Ivins purchased an ambulance from Springdale previously.
MOTION: Council Member McDonald moved to approve Consent Agenda item A
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
ABSENT |
| B. |
Approval of expenditure for streets pavement maintenance |
| C. |
Approval of Proclamation "Municipal Clerks Week" |
| D. |
Approval of Meeting Minutes for April 18, 2013 |
MOTION: Council Member Elwell moved to approve Consent Agenda items B, C and D
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mendenhall |
ABSENT |
Council Member Densley - no report
Council Member Roberts - no report
Council Member McDonald requested the City start looking at what is going to be done with the park area that's being affected by the subdivision that was approved tonight. Dale Coulam stated the City is looking at the Parks Master Plan and impact fees for that which requires an analysis and study to be done.
Council Member Elwell - no report
Mayor Hart reported he toured the VA facility today and indicated the City is welcome to use the multi-purpose room for City functions at little or no cost. Mayor Hart reported that the Laub dam that broke in September, 2012 is being re-constructed and the anticipated completion date is August, 2013. On Saturday, May 4, 2013 at Snow Canyon High School the Ivins Princess Pageant will be held and the event will be televised.
Dale Coulam reported that the Family Dollar Store is interested in putting a store in Ivins but they have an issue with the sign restrictions. The concern is the size of the sign on the front of the building. Currently the ordinance only allows a 36 sq. ft. sign. Mayor Hart indicated that needs to be reviewed. The City Council agreed. That process will start with the Planning Commission reviewing the sign ordinance. Dale Coulam stated the Washington County Conservancy District will be scheduling an annual presentation to provide to the City Council. He was contacted by a planning individual regarding the Kayenta Arts Center. That individual is trying to put something together that they can use to do some fundraising. Mayor Hart suggested that person be invited to Dale's office and he and Dale will then meet with that individual. Dale referred to Council Member McDonald's inquiry regarding noticing to the public. A bill was recently passed that addresses the noticing requirements when a zone change or map change is made.
| D. |
Items to be placed on future agendas |