Copy of the City of Ivins record for City Council, preserved by
OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
IVINS
CITY COUNCIL
MINUTES
November 7, 2013
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,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Director of Finance Alan Rae,
Parks and Recreation Director Benny Sorensen,
and
Public Safety Director Bob Flowers.
EXCUSED: None.
Audience: Gayle A. Bray, Claudette Larsen, John Hart, Crystal Lewis, Lance Anderson and others who did not sign in.
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.
Mayor Hart indicated there are a couple of committees in the County where it would be helpful to have an Ivins City representative involved with those committees. The first is regarding the CARE (Cultural Arts and Recreation Enhancement). He proposed that Carol Hansen represent Ivins City on that committee with Gayle Bray as an alternate. The other committee is the Southern Utah Shooting Sports Park. He proposed John Hart to represent Ivins City on that committee with Roy Wennerholm as an alternate.
Mayor Hart acknowledged Crystal Lewis for running for the City Council and thanked her for making that effort. He also congratulated Council Member McDonald and Council Member Roberts for being re-elected to the City Council.
Lee Esplin referred to page fifteen (15) of the Independent Auditor's Report, a copy of which is available by request through Ivins City Hall, and read the following opinion: "In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of Ivins City, Utah, as of June 30, 2013, and the respective changes in financial position, and, where applicable cash flows thereof and the respective budgetary comparison for the general fund for the year then ended in conformity with accounting principles generally accepted in the United States of America". He referred to the awards that Alan Rae has received and commended him for receiving those. He indicated that the State of Utah allows up to 25% but not less than 5% reserves in the General Fund and Ivins City currently has reserves of 19% in the General Fund. He stated that the financial position of Ivins looks really good and he commended the City for that. Ivins City has a great staff, City Council and there were no problems with internal controls.
Alan Rae reported that Savage Esplin & Radmall's audit looks at all of Ivins policies and procedures that are in place and whether or not they are being followed. The Auditors told him they had never given a "no findings" audit in 40 years but have given two (2) to Ivins two (2) years in a row. He provided a PowerPoint presentation to the City Council. A copy of the presentation is available by request through Ivins City Hall. Alan Rae referred to the General Fund Reserve balance that Lee Esplin referred to and clarified that last year the State of Utah only allowed a maximum reserve of 18% but that 25% is now allowed and Ivins City is building those reserves up and are currently at 19%. In the last five (5) years the reserves in the General Fund have almost quadrupled because of good management. He indicated that the City is in good financial shape and has a good staff.
Benny Sorensen provided a written report to the City Council, a copy of which is available by request through Ivins City Hall. He reported that the trick-or-treat at City Hall went well. Basketball registration is going on now through November 15, 2013. He attended the CARE (Cultural Arts and Recreation Enhancement) meeting on November 6, 2013. The committee is preparing to present to the public a proposed County wide sales tax increase of 1/10th of 1% of the sales tax to benefit established and new arts and recreation programs. Ivins was well represented with Council Member Roberts and Council Member Mendenhall in attendance as well. Former employee Jason Sjo has resigned his position. It's anticipated the City will replace that position after the first of the year. There were two (2) burials in October. Someone started a fire on one of the tables in the West pavilion. The City has turned the video over to the Public Safety Department to track down the perpetrators.
Bob Flowers provided a written report to the City Council. A copy of the report is available by request through Ivins City Hall. Council Member Roberts referred to a recent Boy Scout event where the Public Safety department was present with their police cars, sirens, ambulance and the like. He thanked Bob and the Public Safety Department for their support.
Lance Anderson reported that the Planning Commission held a Work Meeting regarding the Sensitive Lands Ordinance and discussed the student interns' presentation and summary.
Dee Sadler resides at 322 East 130 South and submitted a Citizen Comment form regarding Kids on Ice. He indicated they met with the Mayors earlier this year regarding local support for a multi-sports indoor complex. He presented for consideration a letter of support for the Mayor's signature. Mayor Hart inquired if they are asking Ivins City to assist with funding the complex. Mr. Sadler stated there would be no financial commitment, just a show of support for the idea if the City Council feels the complex would benefit Ivins residents.
Chuck Gillette indicated this information has been on the Ivins City website for the public to review but he has not received any comments regarding it. Mayor Hart opened the Public Hearing. Lance Anderson representing Kayenta stated Terry Marten has an issue with the $750.00 zoning impact fee that is assessed per lot in Taviawk. The concern is that it's being paid by Kayenta residents but is being used as a whole. Crystal Lewis indicated she read the report and inquired as to the population projections and the potential for a refund of money if impact fees are over collected based on the projections. Chuck Gillette clarified this report is revised every four (4) or five (5) years to more accurately address the projections. Impact fees are going to change and money would likely not be refunded unless the City accumulated resources that it was not going to spend. Dale Coulam clarified the impact fees are required to be expended or encumbered within six (6) years from the time the impact fee is paid by the developer and those impact fees are tracked by date and by the developers that paid them. Mayor Hart closed the Public Hearing.
Chuck Gillette referred to Lance Anderson's comment about the $750 fee per lot in Kayenta and indicated he doesn't have that information at hand. Kevin Rudd clarified that when the tank was built in Kayenta, there was an agreement that the cost would be a joint project with Kayenta and Ivins City. Rather than the developer coming forward with the full cost, as each house came along, the developer agreed to pay $750 per lot to offset the cost for anyone that would use that tank. The City is only charging that fee on the homes that are being specifically served by that tank. Council Member Mendenhall inquired if anyone else using the water in that tank. Kevin Rudd indicated that's the tank that serves the Taviawk area. It's all interconnected so the tanks help each other. Taviawk may end up with way more homes than was thought about when the tank was built. At some point the tank would be paid for. Alan Rae clarified that the $750.00 fee is called a "Zonal Impact Fee" but it's not an actual impact fee. It's the repayment of repaying a loan.
MOTION: Council Member Mendenhall moved to approve Ordinance No. 2013-12 an Ordinance of Ivins City, Utah adopting the Ivins City Culinary Water Master Plan and Impact Fee Facilities Plan; adopting the Culinary Water Impact Fee Analysis; and enacting Culinary Water Impact Fees
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 |
Roll call vote. All Council Members voted in favor.
Kevin Rudd stated the change is from 600' in length to 750' in length and would be consistent with the International Fire Code. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Council Member Roberts referred to a subdivision that may go in between 100 South and 200 South and inquired if that development would be affected by this ordinance. Dale Coulam clarified that development would have been approved under a separate ordinance in place prior to the ordinance the City Council is considering tonight. The Mayor and City Council discussed language to be included in the ordinance and determined to add the language "where conditions permit" to the third (3rd) sentence so that it reads in part "However, if the distance from the end of a proposed cul-de-sac to a connecting road is less than two hundred feet (200'), where conditions permit, connection to the connecting road shall be required if doing so does not violate requirements of the Ivins City transportation master plan,...".
MOTION: Council Member Roberts moved to approve Ordinance No. 2013-08 an Ordinance of Ivins City, Utah, amending the Ivins City Subdivision Ordinance regarding maximum length of cul-de-sacs 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 |
Roll call vote. All Council Members voted in favor.
Maximum height of all primary buildings with walkout basements: Kevin Rudd indicated this addresses walkout basements and the previous requirement to obtain a special exception for a walkout basement.
Allowing chickens in residential areas: Kevin Rudd stated it has become very popular to allow chickens in residential zones. All major cities have adopted this although roosters would not be allowed and it is for the production of food for the owners' own personal use and not for profit. It's proposed that chickens would only be allowed in a single family dwelling zone and limited based on the size of the lot or parcel. It's proposed that a maximum of twelve (12) chickens would be allowed on a lot that is 12,500 sq. ft. or larger, a maximum of ten (10) chickens on a lot that is 12,000 sq. ft., a maximum of eight (8) chickens on a lot that is 10,000 sq. ft., a maximum of seven 97) chickens on a lot that is 9,000 sq. ft., a maximum of six (6) chickens on a lot that is 8,000 sq. ft., and a maximum of five (5) chickens on a lot that is 7,500 sq. ft. There is also size, location and sanitation requirements for chicken coopers and pens; chickens would not be allowed to roam outside of the cooper or enclosed pen and chicken feed would need to be stored and dispensed in a rodent and predator-proof container.
Multi-family residential design guidelines and standards: Kevin Rudd indicated the intent is to ensure that buildings relate appropriately to surrounding developments and streets and establishes minimum setbacks for multi-family dwellings.
Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Maximum height of all primary buildings with walkout basements: The mayor and City Council did not have any comments regarding this portion of the ordinance.
Allowing chickens in residential areas: Council Member Roberts indicated he has researched this and discussed it with a chicken farmer. The chicken farmer recommends a minimum floor area for each chicken of three to four (3-4) square feet and other research recommends a minimum of one and a half (1.5) square feet. Ivins City is only recommending two (2) square feet and inquired if that should be looked at. Council Member Roberts would like to see the number of chickens allowed increased by two (2) for each zone. Council Member McDonald inquired about CC&R's (Covenants, Conditions & Restrictions) in subdivisions and inquired if chickens would be allowed. Kevin Rudd clarified that if a subdivision has CC&R's that do not allow chickens, they are not allowed in that subdivision. Council Member Densley is okay with increasing the number of chickens allowed by two (2) for each zone. Council Member Elwell was concerned with the recommended square footage of two (2) square feet being too small and inquired if there is a correlation between that and chickens being aggressive with each other. Council Member Mendenhall didn't have a problem with increasing the number of chickens allowed per lot or parcel but if there is an increase in the number of chickens allowed, there needs to be an increase in the minimum floor area that is required for each chicken. The Mayor and City Council agreed that the minimum floor area for each chicken is three (3) square feet for chickens that are contained part-time and six (6) square feet per chicken if they are not allowed to roam outside of the coop. Council Member McDonald stated that the number of chickens allowed on 7,500 and 8,000 square foot lots or parcels should not be increased. The other City Council members agreed to increase the maximum number of chickens allowed by two (2).
Multi-family residential design guidelines and standards: Council Member Roberts inquired if Kevin Rudd has received any push back from developers regarding this. Kevin Rudd indicated there was one (1) developer that had concerns but those were resolved.
MOTION: Council Member Densley moved to approve Ordinance No. 2013-09, an Ordinance of Ivins City, Utah, amending zoning requirements regarding maximum height of primary buildings with walkout basements, chickens in residential zones, and setbacks for multi-family dwelling units 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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam stated there is an employee who will be having surgery soon and is expected to be unable to work for at least 60 days. The employee has been saving their accrued leave for this event, but it's not enough to cover the period of time the employee would be without any income. FMLA (Family Medical Leave Act) guarantees an employee's position for twelve (12) weeks but it does not provide for any income and requires the employee to pay for their own benefits during the twelve (12) weeks. The City currently provides Long Term Disability insurance but it's not much of a benefit. Donating to the Medical Hardship Leave would be a voluntary program. Mayor Hart indicated it's a good concept but expressed concern about the pressure from others and stated the donation should be done confidentially. Dale Coulam clarified that it would only go through Human Resources. Council Member Roberts indicated they have a similar program with the School District. He sees this all the time and it's a good thing. He inquired why Ivins employees are only allowed to carry over 40 hours and not 60 or 80. Dale Coulam stated that has been the policy because of abuse prior to Judy Gubler becoming the City Manager. Council Member Elwell indicated he would like the City Council to give thought to employees being able to carry over more than 40 hours. Dale Coulam stated there are several other handbook policy changes that he will bring forward in the next several weeks and he will include the carry over hours with those changes.
MOTION: Council Member Mendenhall moved to approve Resolution No. 2013-27R, adopting a policy to allow the donation of accrued leave time as Medical Hardship Leave
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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam indicated the form of this Lease Agreement is similar to the one previously approved for the Kayenta firehouse location, with an increase in rent for the new facility. The Public Safety Director has approved that increase. The lease is a five (5) year lease with an option of renewal and there is also a right to cancel upon giving 90 days notice.
MOTION: Council Member Roberts moved to approve a Lease Agreement for a firehouse in Kayenta
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 |
Dale Coulam stated Chapter 2 Connection Fees is repealed and held in Reserve because connection fees should be addressed through the Consolidated Fee Schedule rather than in Chapter 2 of Title 10.
MOTION: Council Member Densley moved to approve Ordinance No. 2013-13, an Ordinance of Ivins City, Utah, repealing Chapter 2 of Title 10 of the Ivins City Code
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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam indicated this is a formality. The budget amendment was approved the same night as the Public Hearing and the Resolution formalizes the action.
MOTION: Council Member Mendenhall moved to approve Resolution No. 2013-26R, a Resolution of Ivins City, Utah, amending the Budgets for Fiscal Year Ending June 30, 2014
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 |
Roll call vote. All Council Members voted in favor.
Dale Coulam stated this is also a formality. The proposed Land Use Map amendment was approved the same night as the Public Hearing. This is a legislative action and is required to be formalized by Ordinance.
MOTION: Council Member Mendenhall moved to approve Ordinance No. 2013-11, an Ordinance of Ivins City, Utah, amending "Figure 4" (Land Use Plan) of the Ivins City General Plan
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.
Council Member McDonald referred to Consent Agenda item A and inquired if that will be purchased or leased. Dale Coulam indicated it will be purchased.
| A. |
Approval of purchase of Xerox copy machine for upstairs City Hall |
| B. |
Approval of Amendment to Interlocal Cooperation Agreement (Flood Control Authority) |
| C. |
Approval of expenditure to repair the Fire Department Ladder Truck |
| D. |
Approval of expenditure for change orders to Contract No. 13-03 Tuacahn Wash Erosion Protection Repair |
| E. |
Approval of Meeting Minutes for October 17, 2013 |
MOTION: Council Member McDonald moved to approve Consent Agenda
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 |
| 7) |
CONSENT AGENDA ITEMS FOR DISCUSSION - NONE |
Council Member McDonald - no report
Council Member Densley reported he attended a Snow Canyon meeting. They have received some applications for the citizens' at large committee and are reviewing those.
Council Member Roberts referred to the CARE (Cultural Arts and Recreation Enhancement) tax and indicated he was hesitant about this tax but has realized that CARE can benefit residents in Ivins. He referred to obtaining a grant to treat weeds and stated he will work with Benny Sorensen on that. He reported that a lot of cities restrict the use of bamboo and oleanders and thinks Ivins should look at that in the future. He indicated that he has received complaints about perpendicular parking on Main Street where the Color Country Community Housing development is. Dale Coulam stated he will let the Public Safety Department know.
Council Member Mendenhall reported she attended the meeting regarding the CARE tax on November 6, 2013 and indicated there was a good representation at the meeting.
Council Member Elwell reported Red Mountain Elementary School paid tribute to the Veterans today. The Snow Canyon Middle School Choir, the AFJROTC (Air Force Junior Reserve Officers' Training Corps) Color Guard and Drill were also present. The new Principal of Red Mountain Elementary is continuing and enhancing those experiences.
Mayor Hart inquired of the City Council if they were comfortable with the recommendations to appoint Gayle Brea, Carol Hansen, John Hart and Roy Wennerholm to the respective committees or boards he referenced earlier. The City Council Members indicated they were. Mayor Hart report that next Monday is Veteran's Day and there will be parades in St. George and Washington City and he invited them to attend. He also reported that there will be an event at the VA nursing home as well. He congratulated all those involved in the restoration of the Tuacahn wash with the rip rap project and wash stated they did an excellent job.
Dale Coulam reported that the Christmas party for staff will be on Friday, December 6, 2013 at Tuacahn High School and will start at 6:00 p.m. He referred to an issue that has come up in Amber Estates regarding their streets. A resident that lives in that subdivision had their vehicle towed for parking on the street. The streets have been considered private but the individual who is also an attorney, researched the Plat, Development Agreement and Acknowledgement and raised a conflict as to whether those streets are public or private. Ivins City has never been offered those streets nor have they been dedicated to the City so the City doesn't own them. The streets have been well maintained and this may be a situation where the City would entertain a request from the Amber Estates HOA (Home Owners Association) to take those streets over. If that request is made, Public Works would inspect the streets and bring that forward to the City Council to consider.
The Mayor and City Council would like to discuss Kids on ICE on a future City Council agenda.
MOTION: Council Member McDonald moved to adjourn
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 |
The meeting adjourned at 8:10 p.m.
Respectfully,
Kari D. Jimenez, CMC
Ivins City Recorder