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,
Public Works Director Dave Glenn,
City Engineer Chuck Gillette,
Building and Zoning Administrator Kevin Rudd,
Parks and Recreation Director Benny Sorensen,
and
City Recorder Kari Jimenez.
EXCUSED: None.
Audience: Lance Anderson, Jay Beacham, Zachary Renstrom, Barbara Rusick, Connie Butterfield, Tracey Welsh, Gayle Bray and others who did not sign in.
Council Member Densley led the Flag Salute
Council Member Densley gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Dave Glenn reported the slurry seal projects are complete. He suggested the City Council think about what can be done to deter people from entering the roundabouts and climbing on the bronze sculpture center pieces. He reported that the storm drain project in Suncrest West is 75% complete and is the largest project the Public Works department has done in-house. Staff anticipates finishing the last 600 feet of pipe in the next two weeks. Dave Glenn provided four cost estimate proposals to the City Council for bus service for the following routes: 5 routes a day; 6 or 8 routes a day; 11 routes a day; and 11 routes a day including Tuacahn. A copy of the proposals are available by request through Ivins City Hall. Council Member Roberts referred to the first proposal of 5 routes per day and inquired if it was possible to spread the times out through the day to make it more convenient to the rider. Dave Glenn indicated that was discussed with the City of St. George but there is a lot of downtime for the bus driver that would require compensation. He referred to the option of 11 routes per day including Tuacahn and stated they need to talk to the Principal of Tuacahn to find out when the gate opens to make sure it would be open in the morning if the bus were to go to Tuacahn. Council Member McDonald indicated the cost difference between the option of 6 or 8 routes per day and the option of 11 routes per day including Tuacahn isn't a huge difference. He prefers the option of 11 routes per day. Mayor Hart stated that if the service isn't convenient, it won't be used. Council Member Elwell prefers either option that provides 11 routes per day. Council Member Mendenhall indicated the best use would be to offer either option that provides the 11 routes per day. Council Member Roberts stated he is leaning that way as well but would like interaction with the individual at St. George who is handling this. Council Member Densley prefers the option of 11 routes per day including Tuacahn. The Mayor and City Council agreed discussion with the individual at St. George City would be on an upcoming City Council meeting before a decision is made regarding the number of routes per day.
Chuck Gillette provided a written report to the City Council, a copy of which is available by request through Ivins City Hall. He reported that the Tuacahn Wash Rip Rap project was bid and awarded in June but is on hold while the City works through funding agreements that the NRCS (Natural Resources Conservation Service) is offering to provide financial assistance on the project. The contractor that was awarded the bid is willing to hold off on starting the project. The Center Street Widening project has been delayed because of environmental requirements. Staff is working on getting the contractual documents ready for bidding for the street improvements in Del Coronado. It's anticipated that bids will be received in August and under construction in September. The development by Color Country Community Housing (CCCH) on Main Street has been delayed due to funding and relocation of utilities. Council Member Roberts inquired if CCCH is still a viable company and if the park is still going to be built. Chuck Gillette stated it appears that the company is ok but that the City has their bond and if it were necessary, the City could use the bond to finish the park. The Five County Association of Governments will likely pick up the CCCH program in the year 2014.
Kevin Rudd provided a Zoning and Nuisance report to the City Council, a copy of which is available by request through Ivins City Hall. Dennis Murphy is working part-time in Code Enforcement. They began enforcing storm water use on single family dwellings the first week of June 1, 2013.
Adel Murphy reported that the Planning Commission held two (2) Public Hearings. The first Public Hearing was on a Preliminary Plan for the Ivy Place Subdivision. The Planning Commission recommended approval of that Preliminary Plan and that will proceed to a Public Hearing before the City Council. The other Public Hearing was on proposed amendments to the Ivins City Code, Zoning Regulations regarding signs. The Planning Commission made recommendations to allow a larger sign on the front of a commercial building based on the length of the building, with a maximum size of 100 sq. ft. A Public Hearing on that issue will be held at the next City Council meeting.
Tracey Welsh on behalf of INKAS (Ivins No-Kill Animal Supporters), provided a PowerPoint presentation to the City Council. A copy of the presentation is available by request through Ivins City Hall. She indicated two (2) sites have been identified for a potential dog park, UNITY Park in Ivins, which is just under half (1/2) an acre and Archie Gubler park in Santa Clara that is 1.3 acres. INKAS feels that the best site would be the Archie Gubler Park because it is larger than UNITY Park, has a natural elevation buffer to residential areas, will be less expensive to maintain and Santa Clara City is open to a ten (10) year land commitment and monetary compensation to Ivins and INKAS if another use is decided after ten (10) years. INKAS hopes the City Council will move forward with the Archie Gubler Park. Mayor Hart stated Ivins City has another piece of property that may be an alternative to the other two (2) parks. It is located on 200 East 1000 South. That property is approximately 2 1/2 acres and a few years ago a dog park was written into the development agreement for that area. He thinks it's a worthy option to look into. Council Member Elwell stated he has spoken with a lot of people and done some research on the internet. There are a number of dog lovers who feel dog parks are counter productive. He doesn't feel that way but recognizes there are issues. He is concerned with the temporary nature of the property in Santa Clara and would like to know what their City Council is willing to do. There are also objections by Ivins residents of spending tax dollars in another municipality when Ivins has the property. There are also safety and health issues relative to communicable diseases that could be spread, sufficient vaccinations and similar. You have to weigh the negatives against the proffered positives. He likes the idea of a smaller park for smaller animals and a separate one for larger animals and one with amenities such as agility courses. Red Rock Park and Abby Gail Park has been recognized and thinks the SITLA land of approximately 120 acres should also be recognized as a possible option. He indicated Lance Anderson would be willing to make some inquiries to individuals regarding the SITLA property.
Council Member Mendenhall stated she is on the absolute opposite side of the fence. Dog parks are incredibly popular and any concerns about the parks have been addressed by thousands of other people. In her experience in the animal organizations, a dog park is desperately wanted and needed by many people in Washington County. The size of the Archie Gubler Park is unquestionable compared to the UNITY Park site and the location is more ideal than any other spot. She suggests inquiring with Santa Clara to find a way to make the dog park the best it can be. She doesn't see a problem with Ivins and Santa Clara interacting. The two cities already share a Public Safety Department. There are endless events that can be held at Archie Gubler Park in Santa Clara because of the size of that park. If you're going to have a dog park, it needs to be inclusive and accessible to all dogs and have the space. The cities will receive the support of more people, more fundraising, more community events, a volunteer base and similar. She feels that more study that needs to be done. Regarding the SITLA property, that discussion would take an enormous amount of discussion because it is held in trust and she doesn't think that would be on the table. Council Member Roberts indicated the City Council can't do anything until they know the status of what the Santa Clara City Council is willing to do. Mayor Hart requested the parties look at the 2.3 acres of land in Ivins as an option. He is supportive of the dog park wherever it goes but it seems like the larger parcel in Ivins may be a better solution. Council Member Densley stated he likes the larger property site in Ivins and possibly the land on Center Street down the road. He is not interested in putting money into a Santa Clara park if it isn't permanent. Mayor Hart indicated he made it a point to stop at the Fire House dog park in St. George and he was surprised at how non-noisy it was. He felt a neighbor with dogs could be noisier.
Mayor Hart suggested INKAS meet with Benny Sorensen and discuss the dimensions of a dog park on the 2.3 acre parcel in Ivins. Tracey Welsh stated they would be happy if the Ivins property would be equal to or better than the property in Santa Clara. Council Member Elwell indicated wherever the Council ends up on this issue, he would support it 100%. He still thinks the City should address and look at the 120 SITLA acres. Mayor Hart stated the City needs to know what Santa Clara is willing to do. Dale Coulam indicated he can ask Santa Clara's City Manager to bring that up to the City Council as a discussion item.
Council Member Roberts stated it's a great thing anytime the City can educate people on safety. He recommended that the words "rules and respective state laws" be added to the last paragraph after the word "safety" so that it reads in part..."bicycle safety, rules and respective state laws and be more aware of cyclists on our streets and highways." The Mayor and City Council agreed. Mayor Hart indicated the cycling community takes it upon themselves to educate others.
MOTION: Council Member Roberts moved to approve the Proclamation by the Mayor and City Council of Ivins City, State of Utah, as amended
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 |
Mayor Hart indicated this has come forward due to an individual on the Sensitive Lands Committee passing away and Lisa Rutherford's term expired three (3) months ago. Dale Coulam introduced the Form Tomorrow interns that are assisting the Sensitive Lands Committee. The Sensitive Lands Ordinance was designed primarily for low density and hasn't been amended since 2005. It is difficult to apply the Sensitive Lands Ordinance to high density and commercial. There is also a need for some appointees to the Sensitive Lands Committee. Under the current ordinance, he would have a concern that it could be legally challenged if a high density or commercial application came in on a parcel with sensitive lands. Mayor Hart stated the Sensitive Lands Committee has been a healthy thing to have in place because of the remarkable sensitive environment that is in Ivins. He also stated that Lisa Rutherford is a dedicated individual and has done a great job chairing the Sensitive Lands Committee. He is inclined to present her name for re-appointment and would appreciate any other names the City Council may have.
Dale Coulam stated the developer would like to change the phasing and has requested some flexibility on platting phases where the developer can group lots together and bring that to the City with a proposed Final Plat. It would qualify for approval as long as there is dual paved access to the group of lots. The developer may want as little as one (1) lot to be considered a phase. Lance Anderson indicated the change is driven by the Washington County Recorder's office to make the parcels easier to identify. Dale Coulam recommended the Development Agreement include language that says the lots are to be contiguous and have dual access.
MOTION: Council Member Roberts moved to approve the Amended Development Agreement for Taviawk XI and XII Subdivision Projects, as amended
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 |
Dale Coulam indicated this is a formality. The original Development Agreement that was approved and recorded had multiple phases in it and a portion of the land has been sold and development is moving forward. The Amended Development Agreement will release Hart of Dixie, L.C. from the new project. All other terms and conditions of the original Development Agreement remain.
MOTION: Council Member McDonald moved to approve the Amended Development Agreement for the Palisades and Palisades Park Subdivision Project
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 |
Chuck Gillette stated this is a formality and that the Department of Environmental Quality requires the City Council to pass a resolution that indicates that the City Council has reviewed the Municipal Wastewater Planning Program Report for 2012.
MOTION: Council Member Densley moved to approve Resolution No. 2013-20R, a Resolution of Ivins City, Utah, Adopting the Municipal Wastewater Planning Program
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.
Chuck Gillette stated this is in conjunction with the report he provided earlier tonight. There are funds available through NRCS for various projects as a result of the flooding that occurred on September 11, 2012 and the City is working through funding agreements with the NRCS.
MOTION: Council Member Mendenhall moved to approve Resolution No. 2013-22R, a Resolution of Ivins City, Utah, Approving Cooperative Agreements with the Natural Resources Conservation Service (NRCS) for Technical Assistance & Financial Assistance for Emergency Watershed Protection Project (#5093)
SECOND: Council Member Densley
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 this is a formality. There was no City Council meeting the first part of July because of the July 4th holiday so the Fire Chief issued a Fire Restrictions Order. By statute, the governing body should weigh in on that. Council Member Roberts would like to give that latitude to the Fire Chief and would like him to be able to lift the restriction as well. Dale Coulam clarified that the ordinance gives the Fire Chief the flexibility and the Interagency Fire Managers can impose some fire restrictions. The City wants to formally recognize that Ivins is in high fire danger in this area and at this time. To comply with the statute, this body would agree with that and put restrictions in place during at least the summer or the fire season as defined by the Fire Chief. Mayor Hart indicated in motion form the Council would amend the resolution to allow the Fire Chief to determine when the fire season is over. Dale Coulam stated that instead of saying "for the summer", it could say "for the 2013 fire season as defined by the Fire Chief". The Mayor and City Council agreed.
MOTION: Council Member Roberts moved to approve Resolution No. 2013-21R, a Resolution of Ivins City, Utah, Adopting Fire Restrictions recommended by Color Country Interagency Fire Managers and Ivins City Fire Chief, as amended
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 referred to the Consent Agenda and stated item C could be removed. When the low bid came in, it was under the threshold that requires City Council approval and Chief Flowers didn't want to delay the repair so it has already been approved and is moving forward.
Council Member Mendenhall referred to the Minutes to be approved and inquired if she needed to pull those from the Consent Agenda and abstain from voting on them because she was not present at that particular meeting. Dale Coulam clarified that the City Council does not need to remove or abstain for that purpose.
| A. |
Approval of expenditure for Tuacahn Wash Detention Basin Construction Management |
| B. |
Approval of a loan from the Water Fund to the Capital Projects Fund of $450,000 |
| C. |
Approval of an expenditure to repair the air conditioning at the Animal Shelter - removed |
| D. |
Approval of Meeting Minutes for June 20, 2013 |
MOTION: Council Member McDonald moved to approve the Consent Agenda
SECOND: Council Member Densley
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 reported he attended a meeting at the South West Mosquito Abatement District. The West Nile virus is in Washington County and was identified early in the season.
Council Member Densley attended a meeting with the Snow Canyon Advisory Council. The next meeting will be on August, 23, 2013. They will be obtaining input from the hikers, bikers and other users.
Dale Coulam reported the City received a refund check from the Utah Local Governments Trust for approximately $8,000 for liability insurance due to a favorable experience rating. He reported that Ivins' Director of Finance, Alan Rae, has again received the CAFR (Certificate of Achievement for Excellence in Financial Reporting) award and that will be presented to him at the next City Council meeting.
| D. |
Items to be placed on future agendas |