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, Public Works Director Dave Glenn, City Engineer Chuck Gillette, and Building and Zoning Administrator Kevin Rudd.
EXCUSED: None.Audience: Sue Harrington, Pete S., Sonja Dabb, Christy Edwards, Susan & Rick Erickson, John and Marily Moyes, Blaine Dabb, Jeff & Pam F., Jim & Sunny Pouquette, John & Kristin Hunt, Richard & Jenny Gough, Eve & Roy Blackburn, Pat Evans, Garry Morris, Lynn B., Michael Wellhoff Jr., Melanie Florence, Bettina Gebhard, Own & Sandy Johnson, Kathy & Bill D., Judith Kapuscinski, Trish Greenfield, Cindy Smion, Brent Smion, Lisa Rutherford, James B., Gary Collins, Cheryl Collins and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute Council Member McDonald led the Flag Salute
C. Invocation Council Member McDonald gave the Invocation
D. Disclosures There were no disclosures or conflicts of interest with items on this meeting's agenda.
A. Presentation of Distinguished Budget Award Mayor Hart indicated that once again the Distinguished Budget Presentation Award issued by GFOA (Government Finance Officers Association), is being presented to Director of Finance Alan Rae.
B. Department Reports: Public Works, Engineering and Building Department Dave Glenn provided a written report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. He reported that the waterline project and road replacement on 400 West will begin in the next couple of weeks. Staff continues to crack seal in preparation for the slurry seal project. UDOT (Utah Department of Transportation), Santa Clara and Ivins met to select a consultant for the Highway 91 improvement project and he was contacted by the Manager of Suntran and was told the bus is six (6) months ahead of schedule so Ivins should have the bus in January or February of 2015. He requested that Mayor Hart contact Tuacahn and find out if they need bus service all day long or just in the morning and afternoon. Mayor Hart indicated he will contact them.Chuck Gillette provided a written report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He reported that solar panels will be installed on the firehouse in May. Bids were received on the Luffberry Wall installation on Center Street. The wall has been staked and the contractor will start on it the week of April 21, 2014. There are currently six (6) active subdivisions in Ivins. Advertisement for bids started April 12, 2014 for the Center Street Widening project. The bid opening is on May 6, 2014 and that project is anticipated to start in June, 2014 and be completed prior to school starting in August. Mayor Hart stated that Vista school began the expansion of their parking and drop off area, which should assist with reducing congestion in that area.Kevin Rudd reported the City has issued 32 single family building permits so far this year, which is more than last year at the same time. There are several projects that are ongoing and in the approval process including an 11 unit subdivision on 200 East, The Cliff Rose subdivision between 400 West and 600 West on 400 South where there are 65 lots proposed for that subdivision. There's a Conditional Use Permit for resort rental condos located on Snow Canyon Parkway between The Reserve and Red Mountain Spa. Staff has been meeting with developers on the Layton property regarding a potential high-end resort near Tuacahn.
C. Planning Commission Report Chairman Jeff Loris reported that the Planning Commission held a Public Hearing on Zoning Regulations Title 16, Chapters 18 and 19 and have forwarded that to the City Council for a Public Hearing. The Planning Commission approved Final Plats for the Discovery Phase 2 Subdivision located on 200 East and 700 South and The Palisades at Snow Canyon Phase 2 Subdivision located on 220 North Desert Lane. The Planning Commission also approved an Amended Final Plat for The Palisades at Snow Canyon Phase 1 located on Palisades Drive and Desert Lane.
| Council Member Elwell | AYE |
| Council Member McDonald | AYE |
| Council Member Mendenhall | AYE |
| Council Member Roberts | AYE |
| Council Member Densley | AYE |
| 3) | CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE |
A. Discuss and consider approval of Ordinance No. 2014-10, an Ordinance of Ivins City, Utah regulating Discharge of Firearms, Trapping, Feeding Predatory Animals and/or Unleashed Dogs on Trails TAB D 2014-10 Draft Firearms, Trapping & Feeding Predatory Animals TAB D 2014-10 Draft Firearms, Trapping, Feeding Predatory Animals & Unleased DogsMayor Hart thanked those that provided information to him and the City Council. He indicated that they have received a number of emails and stated the concerns and opinions of those that provided information has been engrained in the Mayor and Council's thinking. He stated that he and the Council understand that there are many that are very passionate about this subject and he asked that they exercise restraint out of respect.
Dale Coulam clarified a jurisdictional issue and clarified that this ordinance is based on health and safety concerns as opposed to animal regulation concerns. He prepared two (2) versions of an ordinance for their review. Version one (1) defines and prohibits the discharge of firearms, with limited exceptions, and prohibits trapping in Ivins City, with limited exceptions. Feeding predatory animals is prohibited in both versions of the ordinance and the penalty clause in both versions is a Class C Misdemeanor. Version two (2) additional exceptions for trapping. Version two (2) also prohibits unleashed dogs on trails. However, Ivins City has an animal ordinance that addresses animals at large and the case of a dog, "immediate control" means on a leash, or confined within a vehicle or pet carrier/cage. The two (2) versions of the ordinances are to help facilitate the Council's discussion.Mayor Hart stated he appreciated Dale's hard work on the two different versions of the ordinance. He took an informal poll of the Council on who was in favor of version one (1) before they began their discussion. Council Member Elwell and Council Member Mendenhall were in favor of version one (1). Mayor Hart referred to 12.01.101 "Definitions" in version one (1) of the ordinance. Council Member Roberts referred to the definition of firearm in both versions and suggested striking out the words "any air gun or any other such type instrument designed to propel or throw a projectile." The definition should be something that ignites a propellant to throw a projectile. Council Member Elwell concurred. Council Member Mendenhall referred to verbiage in some other cities' prohibiting body gripping devices. Dale Coulam clarified that the version that he used was from another City ordinance that defined it as entrapping, snaring or snapping closed, which is a different way of saying the same thing. All other definitions were acceptable to Council Member Mendenhall. Mayor Hart referred to version two (2) of the ordinance and inquired which of the components the Council felt ought to be brought into this. Council Member Roberts referred to section 12.01.103 "Trapping Prohibited: Exceptions" and stated he didn't have a problem with subparagraph (3) but inquired if under subparagraph (4) if any legal trap was included and not just a box trap. Dale Coulam clarified trappers could not use the lethal type traps but could use the type of trap that was demonstrated to the City Council previously. Council Member Roberts referred to section 12.01.105 "Unleashed Dogs on Trails Prohibited" and stated he recently received an email from an individual regarding the use of The Big Leash which is an electronic leash and suggested the City Council look into that. He would like the definition in the animal ordinance regarding unleashed dogs and this ordinance to be the same and refer to the other ordinance.Council Member Densley would like more time to study and discuss this ordinance with staff. Council Member Elwell concurred with Council Member Densley and Council Member Roberts for the most part. He preferred version one (1) because he had issues with subparagraph (3) and (4) under section 12.01.103 in version two (2) because some private property isn't fenced and people may wonder onto the private property and into traps. He felt there is also a problem with marking and signs on trails indicating there are traps because he felt that invites the youth to search for the traps. Dale Coulam inquired if the City Council wanted to require the property owner or lessee to put up some type of a fence or something defining private property and/or requiring fowl to be kept in coops instead of running loose. Council Member Roberts stated the real danger is when a pet gets caught in a trap and the owner or someone tries to release them. There is no danger to humans to have those traps set on private property. Council Member Mendenhall referred to her property in Kayenta that consists of nearly four (4) acres and goes down to the wash. On a weekly basis there are five (5) or six (6) people that cross that part of her property. A number of the properties line the wash and it's private property. Someone could easily place a trap on her property without her knowing, therefore creating a liability issue. Council Member Roberts stated there are other areas in the City like agriculture areas where individuals have an investment in livestock and feels they should have a choice to trap and emphasized that traps are not a danger to humans. Council Member Mendenhall agreed with Council Member Densley regarding staff reviewing this. She stated she profoundly understands Council Member Roberts position on property rights but would prefer that subparagraphs (3) and (4) of section 12.01.103in version two (2) were not in the ordinance, but she understands there may be some basis and reality for subparagraph (4) if the other measures that are available to private property owners proved unsuccessful. Mayor Hart suggested Council Member Mendenhall draft some language for the ordinance regarding that. Council Member Mendenhall indicated that first and foremost, property owners need to follow responsible animal husbandry. She indicated that there are several avenues and help for personal property owners. The Division of Wildlife Resources provides an enormous amount of help and their home page states that they recommend an integrated wildlife damage management approach to each situation, depending on circumstances. Sometimes they recommend removal as the most effective and appropriate management technique, when conducted humanely, with all appropriate permits. There is also a program with the Utah Department of Agriculture and Food called the Utah Department of Agricultures Animal Damage Control Program. Property owners can get in touch with these people and they will provide a service to help them mitigate the issues. She also had an issue with someone putting a trap on their property that is unfenced, baiting it and catching something that is not intended to ever be caught by one of those traps. Also, putting food out for the animals also applies to carcasses. There was a cow carcass found in the wash in one of the traps. The City has an ordinance that addresses carcass disposal and the disposal of carcasses doesn't necessarily happen in a proper manner. Mitigation measures need to be put in place first and education provided to the public that there are measures offered by the state and proper procedures of what's available for mitigation. She referred to an incident report from Ivins City Animal Shelter employee Aggie Smith regarding coyotes. Since 2010, there have been no reports of coyote contact or injuries, no reports of contacts with domestic dogs. There were geese killed at 600 South and was reported to the Division of Wildlife Resources (DWR) and there was no knowledge of coyote involvement. Hafen farm reported fowl deaths that were reported to DWR but determined to not be from coyotes. Dead chickens in 2011 were determined to have been killed by a dog. There have been various reports of sightings but no incidents. The cat issue was bobcats which the DWR live trapped and relocated. Martin Shift with the DWR backed the incident report up and stated "We have had no reports of coyote threat to livestock or humans in the Ivins area." There are measures that can be put in place that don't run the risk of trapping something that shouldn't be trapped, for example, eagles and owls, or if a person runs through a field and steps on a trap or if someones dog takes the food that is on the trap and is injured of killed. She has a significant amount of information where animals are killed by the traps, and the trap inparticular that was shown to the City Council at a previous Council meeting.Mayor Hart inquired how much would be lost to the trapping community if individuals couldn't trap in Ivins. He witnessed first hand what happened when Ivins City established the No Kill Animal Shelter and that benefit has been significant. Council Member Roberts agreed with Council Member Mendenhall regarding education and firmly believes the private property owner should have the right to trap on their property. He has received multiple calls from people indicating they have seen coyotes in their chicken coop, in the cul-de-sac and they are concerned about the children playing in the cul-de-sac. He agreed that subparagraph (3) of section 12.01.103 in version two (2) could be removed. Mayor Hart indicated the City needs to have a mechanism for an individual to deal with a wild animal control issue and any ordinance needs to deal with the potential of predatory animals to become a danger. Council Member Mendenhall stated the public lands acreage in Washington County that is open to trapping is more than 1,126,000 million acres, excluding State, National Parks, and Reservations. The area of Ivins City is approximately 6,592 acres. She doesn't believe that losing the small amount of property that might be available in Ivins City limits, compared to the overall 1 million acres that is available in Washington County, would be a loss to the trapping community. She suggested Ivins Public Safety department get together with the Division of Wildlife Resources and the other agencies that she referenced, to discuss mitigation measures and options. Council Member Densley stated one of the major concerns is how to control coyote numbers. When a coyote is turned in for a bounty, it has to be documented with GPS coordinates.Council Member Roberts indicated that if the City adopts an ordinance, it's likely it will be in place for a long time. He suggested removing subparagraph (3), retain subparagraph (4) of section 12.01.103 of version two (2) and see how it works. Council Member Elwell was appreciative of what Council Member Roberts offered although on subparagraph (4), he would like the Council to first address "used to the extent reasonably necessary" because he felt that was too vague. He would also like Public Safety's input on the ordinance. He thinks there would be very little impact on trappers in Ivins City if trapping wasn't allowed. He commended Council Member Mendenhall for the information she provided on resources. Council Member McDonald appreciated the information that was provided to him but indicated a couple of the emails were threatening in their direction of attempting to persuade the City Council to move a certain direction. He stated that the City Council serves the whole and not the one. He is also a proponent of personal property rights. He agreed that prohibiting trapping in Ivins isn't a huge loss to the trapping community but many people find hiking as recreation and many trappers find trapping as recreation. He looks at both sides of the issue. He hasn't made a decision on this issue yet and would like Public Safety's input. Mayor Hart suggested the City Council consider the potential value of the developing image of Ivins City and of simply not allowing trapping except for an emergency situation. Council Member Densley stated that would be telling a property owner what they can and can't do with their property. Mayor Hart suggested the comments from tonight's discussion be consolidated and provided to Ivins Public Safety department. Dale Coulam stated there will be a third version of the ordinance for them to consider in the future. Mayor Hart was concerned with removing subparagraph (2) of section 12.01.103 of version two (2) because removing it may jeopardize Ivins current cat TNR (Trap/Neuter/Return) program and would like Public Safety to review this as well. The Mayor and City Council agreed to the section on Feeding Predatory Animals being prohibited. Council Member Densley would like Public Safety to look at the caliber of the projectile in the firearm definition because a .22 has a small amount of powder that could be used. Council Member McDonald indicated he knows farmers in town that use a larger caliber gun when butchering a farm animal and he wants to make sure they're allowed to continue to do that.
Kevin Rudd indicated the property is the site of the existing mono-pole cell tower. The current land use designation does not allow an expansion. The applicant intends to amend the existing Conditional Use Permit to expand the walled area from 35'x35' to 50'x60' and add some additional equipment that would allow them to update antennas. The existing zoning regulations do not allow the mono-pole to increase in height or add an additional mono-pole. Any additional antennas would be co-located on the original pole. The consensus of the Planning Commission was that expanding the existing cell tower was preferable to having another cell tower located in Ivins. Council Member Densley inquired if there were any requirements to camoflauge the towers. Kevin Rudd stated they're painted a color that blends. He hasn't received any complaints on this. Mayor Hart opened the Public Hearing. Pete Simmons represents Verizon Wireless and requested the City Council approve this so they can upgrade the equipment. There being no comments, Mayor Hart closed the Public Hearing.TAB A 2014-11 Land Use Amendment TAB A General Plan Amendment application TAB A Staff report General Plan Amendment
MOTION: Council Member Elwell moved to approve Ordinance No. 2014-11, an Ordinance of Ivins City, Utah, amending the General Plan to change the Land Use Map from Commercial Community to Commercial with Light Manufacturing located at approximately 400 West Highway 91
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.Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.TAB B 2014-12 Zone change TAB B Staff report Zone Change TAB B Zone Change applicationThere was no discussion.
MOTION: Council Member Mendenhall moved to approve Ordinance No. 2014-12, an Ordinance of Ivins City, Utah, regarding a Zone Change from C-1 (Community Commercial) to CLM (Commercial with Light Manufacturing) located at approximately 400 West Highway 91
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 only change made since the City Council's last discussion was the slope changed from fifteen percent (15%) to twelve percent (12%). Council Member Elwell referred to page nineteen (19) under section 16.08.210 and inquired if the current figure of fifteen percent (15%) should actually be twelve percent (12%). Kevin Rudd and Dale Coulam indicated it should be twelve percent (12%). Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
F. Discuss and consider approval of Ordinance No. 2014-08, an Ordinance of Ivins City, Utah, Amending the Sensitive Lands Ordinance There was no discussion.TAB C 2014-08 Amended Sensitive Lands Ordinance TAB C Sensitive Lands Map Draft
MOTION: Council Member Densley moved to approve Ordinance No. 2014-08, an Ordinance of Ivins City, Utah, Amending the Sensitive Lands Ordinance as amended
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.
| B. | Discuss and consider approval of an Amendment to the Development Agreement for Taviawk 9 Subdivision |
TAB E First Amended & Restated Development Agreement for Taviawk IX SubdivisionDale Coulam stated phases XI (11) and XII (12) had provisions that allowed more flexible phasing. They are ready to move forward with another phase of Taviawk 9 and the flexible phasing seems to have worked out. The TRC (Technical Review Committee) did not have a problem with the new method of phasing.
MOTION: Council Member Roberts moved to approve an Amendment to the Development Agreement for Taviawk 9 Subdivision
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
TAB F 2014-06R Core BenefitsDale Coulam indicated the current policy allows for the payment of any excess premium into an employees paycheck. Ivins City may be the only City in the State that does that. The amount was capped effective April 1, 2014. To phase this out for current employees, it will be decreased five percent (5%) every fiscal year, beginning with the next fiscal year and it should be phased out completely in less than ten (10) years.
MOTION: Council Member Elwell moved to approve Resolution No. 2014-06R, a Resolution of Ivins City, Utah, Defining How the City's Contribution for Core Benefits May be Used
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.
Alan Rae referred to the budget document. The numbers are the same as they were two (2) weeks ago with two exceptions. Money from the recycling program for the animal shelter is reflected in the budget and the ambulance that the City is received a grant for, the City is required to purchase the ambulance first and then will be reimbursed. Revenue is adequate for the expenses. Council Member Densley referred to funds to pay for staff. Alan Rae indicated it's been budgeted for the Treasurer to be moved from part-time to full-time, a full-time Parks and Recreation Supervisor, two part-time Parks and Recreation employees and one part-time animal control officer going to full-time, which will be funded by Santa Clara City. The Parks Supervisor position was vacated five (5) years ago and a full-time Parks employee left in December of 2013. Mayor Hart referred to the budget schedule. Dale Coulam suggested the Council stay with the schedule where the second City Council meeting in May will be the Public Hearing on the budget. That schedule will give the Mayor and City Council a chance to read all of the material.
A. Approval of expenditure for streets pavement maintenance TAB G Staff report re street pavement maintenance
B. Approval of Meeting Minutes for April 3, 2014
MOTION: Council Member Densley moved to approve the 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 |
| 8) | REPORTS |
A. Council Council Member Densley reported he attended the Utah League of Cities and Towns Midyear conference. It was great information and he highly recommends others attend in the future. He attended a Snow Canyon meeting and they are moving forward. Mayor Hart indicated the idea is the state park system takes the excess revenue from parks that are producing and provides it to parks that are not and the thought is there ought to be a percentage that is re-invested in the producing park.
Council Member Roberts - no report
Council Member Mendenhall - no report
Council Member McDonald referred to the funds received from recycling and reported the amount of the check was approximately $2,600.00. He hasn't received a report on poundage or loss but will provide that information to the Council when it's received.
Council Member Elwell - no report
B. Mayor Mayor Hart reported that Judith Kapuscinski is working on the Our Town Grant and there are several committed partners, including Kayenta, Red Mountain Resort, Vista School, Tuacahn, Tuacahn High School and the VA Center.
C. City Manager/Attorney Dale Coulam Dale Coulam reported that the computers at City Hall were successfully upgraded before the deadline. Because of the expense of purchasing computers, no funds are budgeted to go into reserves. He attended the Utah Prosecution Council conference in Salt Lake City, Utah. The legislative update was addressed and is available on their website:
http://upc.utah.gov/materials/2014spring/2014LegislativeUpdate.pdf
D. Items to be placed on future agendas
| 9) | CLOSED MEETING |
| 10) | ADJOURNMENT |
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