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,
Parks and Recreation Director Benny Sorensen,
Director of Public Safety Bob Flowers,
Building and Zoning Administrator Kevin Rudd,
and
City Engineer Chuck Gillette.
EXCUSED: None.
Audience: Jeff Norton, Richard Gough, Delores Osborn, Ken Miller, Gillian Papanikolas, DeAnne Haut, Kerry Haut, Jenny Gough, Kristin Hunt, Bruce Northcott, Ginny Northcott, John Hunt, Brent Smith, Claudette Larsen, jenny Johnson, Dave and Suzy Appel and others who did not sign in.
Council Member Elwell led the Flag Salute
Council Member Elwell gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Kevin Rudd indicated this subdivision consists of 65 lots with a total acreage of 20.56 acres. The property was recently re-zoned to RE-1-12.5 Residential Estates District, minimum lot size of 12,500 sq. ft. The developer intends to submit an SEO (Subdivision Enhancement Overlay) for a density bonus. The base density is 57 lots and would require a 15% bonus to achieve 65 lots shown on the concept plan. The applicant is requesting that the landscape buffer be considered for the 10% required open space. The TRC (Technical Review Committee) reviewed the concept plan and feels that request might be justified because there are unique circumstances associated with the property, including having collector streets on three sides - 400 West, 400 South and 600 West. There will also be a ten foot (10') trail installed on those streets and a future roundabout adjacent to the property. The TRC recommended a road connection on the northern boundary between lots 8 and 9.
Dale Coulam stated Benny Sorensen is excused but a written report was provided to the Mayor and City Council prior to the meeting. A copy of the report is available by request through Ivins City Hall.
Bob Flowers provided a written report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. The department started paramedic transport on February 1, 2014. There was a residential home fire where Ivins, Santa Clara and St. George responded. The Deputy State Fire Marshal assisted with the investigation and it was classified as accidental, apparently caused by a fire place. He thanked the volunteer fire fighters for their work. He referred to the recent burglaries that were solved and stated he was surprised how many people didn't know their neighbors. The Public Safety Department is working on a program for individuals who are interested to become more aware and get involved in the community. There have been some complaints about traffic issues on Center Street and 400 East. Crossing guards have been placed at that location to address the issues.
Chairperson Adel Murphy reported the Planning Commission heard a presentation from the Sensitive Lands Committee, heard a Concept Plan report on the Cliff Rose Subdivision, approved a Final Plat for the Desert Rose subdivision Phase 2 as well as the Taviawk subdivision Phase 9-F, approved a sign permit for the bicycle shop, approved an entrance feature to the Palisades at Snow Canyon subdivision and continued discussion on changes to Multi-Family residential, Site Plan and Building Design requirements.
There was one Citizen Comment from Pat Evans regarding animal trapping in Ivins City limits. Pat Evans asked the City Council to consider banning trapping in Ivins City. A copy of the proposal is available by request through Ivins City Hall. She would like the City to implement the ordinance because she feels that trapping is unsafe for residents, hikers, children and pets. Mayor Hart referred to the Utah Division of Wildlife Predator Control program and indicated that is State law and isn't something Ivins City can overturn but the issues that have been brought up regarding health, safety and welfare can be discussed. Council Member Mendenhall inquired if it is illegal to shoot within City limits. Dale Coulam stated "yes" unless you're being threatened. The Mayor and City Council Members agreed this item will be on the City Council agenda on March 6, 2014 for discussion.
Kevin Rudd indicated a resident has requested that a pool cover in certain conditions be allowed in lieu of fencing. The proposal offers two (2) options to expand the use of safety covers. The first option would allow safety covers on lap exercise pools, which are generally narrow and long with approximate dimensions of 8' wide by 20' to 40' feet. The second option would allow safety covers in lieu of a fence on all residential pools or spas. Currently Ivins Zoning Ordinance allows safety covers in place of a fence for spas and similar small pools. Many jurisdictions require a perimeter fence and if the house forms part of the barrier, there must be one of the three (3) options: door alarms, a secondary fence or a safety cover. The City of St. George is the only city that allows safety covers on all pools in lieu of a fence and they handle it through interpretation and not as an ordinance. The Planning Commission has recommended to allow pool safety covers on all residential swimming pools in lieu of a fence if the homeowner has demonstrated to the satisfaction of the Building Official that other physical barriers exist which serve as the equivalent of a fence. Kevin Rudd stated he will still be very conservative because the physical barrier has to provide the same protection as a fence. Mayor Hart referred to Jeff Norton who is with Sunset Pools and Landscaping and asked him to offer his insights on this. Jeff Norton indicated he has been building pools in Washington County, Utah and Nevada for nearly 35 years. He is most concerned about safety and clarified that a gate can be left open just as easily as a pool cover can be left open. If there is a change to the ordinance, he doesn't think it should be across the board. He recommended that a fence and pool cover be required in high density areas. In areas like The Reserve and Kayenta where the density is low, he suggested relaxing the ordinance in low density areas. He provided information to the Mayor and City Council regarding pool covers. A copy is available by request through Ivins City Hall. Mayor Hart clarified that a rated pool cover has the capacity to hold the weight of one or more people who may fall in or walk out onto the cover. Council Member Elwell stated he isn't familiar with the nature of the pool covers today but there was an instance when he was a police officer where a child drowned in a pool of water that had pooled on top of the pool cover. Council Member Mendenhall indicated she knows individuals who had the required pool cover in place but the rails that the cover slid on were screwed into sandstone and when water collected on the cover, the rails bent and the screws released. Jeff Norton stated there could be a requirement that the encapsulation go under the deck so there is no way for that to happen. Council Member Densley understood that the majority of accidental drownings occurred when children went from inside to outside without an adult knowing.
Mayor Hart opened the Public Hearing. Dave and Suzy Appel reside at 715 South 200 West in Ivins. They are not for or against this. They put a pool in seven (7) years ago and installed a fence and pool cover. Their biggest concern is for the building official to have to make the determination and think safety should be first. They are not as concerned with the lower density areas of Kayenta and The Reserve. They suggested it be clear whether or not one or the other or both are required because it is an expense and it would be helpful for a home owner to know what is required. Kerry Haut resides at 418 West 280 South in Ivins and has no vested interest in this but indicated he was a member of the National Water Safety Council and worked a lot of drownings. He understands Jeff Norton's position but when you are the individual telling a family or friend that someone has drowned and is deceased, he strongly recommend that the City not remove the fencing requirement. He disagreed that natural barriers keep children out of pool areas. Requiring a pool cover and fencing is the best way to protect against drownings. There being no further comments, Mayor Hart closed the Public Hearing.
Council Member Densley stated it's a burden on the building official to make the discretionary call but he would like to avoid someone having to put up a fence when it isn't needed. He felt that anything the City can do to stop an accident or drowning they should do and felt the fencing requirement should remain. Council Member Roberts indicated he is leaning towards safety and requiring two (2) barriers and agreed with Mr. Haut that kids can get around natural barriers. Kevin Rudd stated there are two (2) codes the City has adopted, those being the IRC (International Residential Code) and the IBC (International Building Code) for commercial applications. Ivins City has not adopted the Appendix in the IRC, which requires a secondary fence around the pool. Council Member McDonald indicated he errs on the side of caution and doesn't see the need to lighten or relax the ordinance. He would like to review the Appendix in the IRC to consider adopting it. Council Member Elwell agreed with Council Member McDonald. He is not interested in relaxing the ordinance and would like to see the Appendix. Mayor Hart suggested the possibility of permitting up to a maximum size pool without a fence. Kevin Rudd stated he has had to interpret what constitutes a small pool and he has determined that to be 120 sq. ft. He indicated if the City Council would like to define that, it would make his job easier. Council Member Densley inquired how he made the determination of 120 sq. ft. Kevin Rudd stated through interpretation and that is the size of what an accessory building use to be without being required to obtain a permit. Jeff Norton clarified that a swim spa or spool is approximately 120 sq. ft. Council Member Mendenhall didn't think it was worth taking a chance and feels that a pool cover and fence should be required. Council Member Roberts indicated the City needs to define what a small pool is and inquired if an above ground pool is considered its own barrier. Council Member McDonald requested clarification on the definition of the size of a small pool. Kevin Rudd stated he doubts if there's a standard definition. Kevin Rudd indicated it is if it's at least four feet (4') high. The national standard is four feet (4') to protect toddlers. Dale Coulam suggested this item be discussed on a future agenda along with the appendix. Mayor Hart would like to know the rationale of St. George and other municipalities that are not requiring barriers. Council Member Elwell requested information regarding drownings in Phoenix, Arizona and what has contributed to the decline in the number of drownings there. Kevin Rudd clarified that the State of Arizona mandates a primary fence.
MOTION: Council Member Roberts moved to table until another time after the City Council has received additional information
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 |
Kevin Rudd indicated the individuals who codify Ivins City Code brought it to Ivins attention that there were a number of sections in Ivins Zoning Ordinance that needed to be modified to be consistent with recent amendments. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
MOTION: Council Member Mendenhall moved to approve the Planning Commission's recommendation on proposed amendments to various zoning regulations related to commercial zones and uses and zoning regulations related to Land Use Appeal authorities
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 |
Kevin Rudd referred to a document titled "Transportation Master Plan - Request to update jointly recommended by Staff" and stated the TRC (Technical Review Committee) reviewed the proposed amendments and agreed with the applicant's representative on all items in that document, with the exception of item "J" which is the removal of 750 West Street from the Master Plan Map. Kayenta has requested the removal of that to reduce entrances into the project and to direct traffic towards the 600 West entrance. The Planning Commission agreed but the TRC recently met and they still believe that connection needs to be there and remain on the Transportation Master Plan. Mayor Hart opened the Public Hearing. Terry Marten resides in Kayenta and indicated he has tried to create a community in Kayenta where they don't rely on security gates. Their Master Plan calls for Kayenta Parkway, Taviawk Drive and Kwavasa Drive as access into the community rather than through security gates. If the 750 West street remains, it would only provide a connectivity benefit to eight (8) to ten (10) lots. Council Member Mendenhall inquired if Terry was okay with maintaining connectivity on the south end of 750 West. Terry Marten indicated "yes". Council Member Roberts inquired if there is egress to address the safety issue. Terry Marten indicated there is looped access but it doesn't tie directly into Center Street. DeAnne Haut resides at 418 West 280 South and stated she is concerned about drainage and traffic on the southern part of the street and is opposed to that. There being no further comments, Mayor Hart closed the Public Hearing.
Mayor Hart indicated the City Council needed to decide if the proposed street of 750 West is to remain on the Transportation Master Plan as a connecting road. Council Member Roberts has reviewed the Planning Commission's information and is leaning towards their recommendation of removing the 750 West street. Council Member Densley liked the connectivity for safety reasons and thinks it should be connected and remain on the plan as a future street to be built. Council Member Elwell believed in connectivity for the safety aspect and free flow of traffic. Council Member McDonald stated he sees the TRC's point of view as well as the Planning Commission's and respects a lot of what Terry Marten has done with the Kayenta development but remained undecided. His conflict comes from experts on Planning Commission recommending one thing and then City Staff recommending another. Council Member Mendenhall agreed with Council Member McDonald although is leaning towards part of Planning Commission's recommendation. She suggested leaving the south section of 750 West on the plan but removing the north section of 750 West. Council Member Elwell referred to the map and inquired what the plan is at the end of Center Street. Mayor Hart indicated either a roundabout or a loop.
MOTION: Council Member Roberts moved to approve the Planning Commission's recommendation on proposed amendments to elements of the Ivins City General Plan including transportation and roadways to reconfigure streets west of 400 West and the cross sections of major collectors in rural zones; Parks and Trails to reconfigure trails at several locations and to vacate the northern section of 750 West and keep the southern loop of 750 West
SECOND: Council Member Mendenhall
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
NAY |
Council Member Mendenhall reported on The Kayenta Arts Foundation Our Town Grant and indicated that Judith Kapuscinski prepared 35 invitations to attend an orientation meeting at City Hall on February, 27, 2014.
Council Member McDonald - no report
Council Member Elwell provided two flyers with information regarding a fundraiser for the Air Force JROTC and reduced adoption fees for the month of February for the Ivins Animal Shelter. He reported that the AFJROTC has experienced significant budget cuts the past two (2) years and they offer a quality program to high school students throughout Washington County. More scholarships are garnered through that program than any other in Washington County. He requested they let others know about the fundraiser.
Council Member Roberts - no report
Council Member Densley report there will be a meeting on February 18, 2014 with the Water Conservancy District regarding the Lake Powell pipeline. Mayor Hart suggested that the Council members attend that meeting.
Mayor Hart reported he attended a Mayors meeting where a presentation was provided by (IHC) Intermountain Health Care and State and local representatives regarding a community health program. IHC would like to make a presentation to the City Council. The Council agreed they would like to hear the presentation.
Dale Coulam reported that after a hearing that was held today, Ivins City has been awarded funding from the CIB (Community Impact Board) for the purchase of a new ambulance. He provided a written report to the City Council which included future budget requests for each department. A copy of the report is available by request through Ivins City Hall. He reported that there are twenty-five (25) computers in Ivins City that are on Windows XP and the recommendation from IT is if they are older than three (3) years, they should be replaced rather than upgraded. With the Director of Finance Alan Rae out on leave, the City is handling the day-to-day accounting and may move another employee from Treasury to Accounting to cover those things and may involve Alan via phone for awhile. He thanked the Mayor and City Council for recently adopting the medical hardship leave policy.
| D. |
Items to be placed on future agendas |