City Council

Copy of the City of Ivins record for City Council, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.

CITY COUNCIL
MINUTES
May 1, 2014

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, Parks and Recreation Director Benny Sorensen, Director of Public Safety Bob Flowers, and Building and Zoning Administrator Kevin Rudd.
EXCUSED: None.

Audience: Jenny Johnson, Teresa Hoffman, Kathi Fox, Gwen Harrington, Susan & Rick Erickson, Karen Manville, Robert Johnson, Jim & Sunny Pouquette, Jenny & Richard Gough, Owen & Sandy Johnson, Christy Lueders, Roy & Eje Blackburn, DeAnne Hanson, John & Kristin Hunt, Robert Wolff, Bruce Northcott, Marilyn Moyes, Melanie Florence, Pat Evans, Gillian Papanikolas, Sonja Dabb, Christy Edwards, Neil Stephens, Brad Pollman, Claudette Larsen, Mike Burkle, Stubbs Ripping Off, Kathy & Bill Deaten, Susan Williams, Joel Bingham, Gayle Bray, George Stoddards, Kevin Jenkins, Zach Renstrom, Barbara Rusick, Lisa Rutherford, Sue & Tom Skudlarczyk, Garry Morris and others who did not sign in.

Mayor Hart acknowledged there was a quorum present and indicated Council Member Mendenhall would be at the meeting at a later time.

Council Member Mendenhall arrived at 5:45 p.m.

Council Member Roberts 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.

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 that the Princess Pageant was held on April 5, 2014 at Snow Canyon High School. Southern Utah Baseball hosted a tournament at UNITY Park on April 11 and 12, 2014 where 8 teams from Northern Utah, Southern Utah and Las Vegas that played on Ivins' fields. The annual Easter Egg hunt and pancake breakfast was held on April 19, 2014 and was well attended. Baseball starts on May 14, 2014. Registration for session 2 tennis lessons is open and Yoga and Zumba are ongoing. The City may be hiring a Parks Supervisor this month and will soon replace a Parks Worker position. The splash pad will open for the season on May 23, 2014. The buffer wall is complete on the southeast corner of Docena and Center Street and Staff will now begin to work on the landscape. There were no burials in April.

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. He reported that the department has been busy addressing fires, drug overdoses, paramedic transports and similar. Regarding the paramedic transport, Ivins City has some of the best response times in the State of Utah and when he was at the emergency room recently with the transport, the doctors indicated they were very impressed with Ivins. The new ambulance is being built and should be done in approximately four to six (4-6) months. He has received a lot of complaints for speeding on Taviawk in Kayenta.

Chairman Jeff Loris reported that the Planning Commission held two (2) Public Hearings regarding a Preliminary Plan for the Cliffrose Subdivision with a Subdivision Enhancement Overlay and a Class V Conditional Use Permit for Resort Condo Rentals for the Encanto Resort project. The Planning Commission made recommendations and forwarded the items to the City Council for Public Hearings.

3)	CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE

Kevin Rudd indicated the proposed amendments to Chapter 18 is a result of the review of the first formal application. Staff and the Planning Commission found several sections that if they were applied strictly, would place an unreasonable burden on the applicant. The sections require specific minimum off sets on walls and roofs of four feet (4') for every forty feet (40') and requires that all walls have a similar level of finish. The amendment removes the set distances but still requires variations. The level of detail was amended to be consistent with the Commercial Guidelines that allow for a lesser degree of detail on non-street facing walls. One of the amendments to Chapter 19 is similar to the change in Chapter 18 to remove the minimum wall and roof offset distances requirement of four feet (4') for every forty-two (42) feet. The other proposed amendment would establish setbacks on commercial zones. Currently the zoning ordinance only requires strict commercial setbacks when it is adjacent to a residential zone where the setbacks are the same as the residential zone. The amendment would require a minimum setback from streets identified as providing significant views and is based on the building height and distance from the street front property line. The Planning Commission assigned Jeff Loris to suggest a view line which was determined to be fifteen (15) degrees or a twenty-seven percent (27%) angle. During the Planning Commission's Public Hearing, a developer made the comment that if the setback amendment was adopted, it could have a negative impact on future commercial development. Council Member Roberts referred to the streets that determined to be view corridors and inquired if Taviawk Drive in Kayenta was considered. Kevin Rudd stated that did not come up in the discussion likely because there isn't a lot of commercial in that area. Mayor Hart opened the Public Hearing. Lisa Rutherford resides in Ivins and had strong feelings about setbacks. She didn't think it takes away from a property owners rights to have them set the building back away from the street. There being no other comments, Mayor Hart closed the Public Hearing.

Council Member Densley referred to the maximum building length of 120' for a multi-family residential building and indicated that length isn't much. He'd like to look at that. Council Member Elwell agreed and would also like to address the wall planes if they are talking about 120 feet being too limiting. Variations may occur in different ways and he suggested if the 120 feet is increased, he'd like to see something that requires a variation in the wall. Council Member Densley referred to screening of mechanical equipment and would like to see the use of landscaping as a screening option. Mayor Hart stated the only concern he has about generalizing the numbers is some of the current City Council members were present when that debate took place and the current specific numbers were put in place for important reasons and the proposed changes take out things that were carefully thought through. Kevin Rudd responded that the City Hall building, Vista School building, the LDS Church building and the new VA Center building do not comply. The current ordinance is restrictive enough that it could discourage potential development. Mayor Hart was concerned with interpretation of the ordinance and what appears to be a flat building being built. Kevin Rudd stated any plan would go before the Planning Commission and City Council for approval and inquired what the magic number is for offsets. Council Member Densley referred to the current requirement to offset a wall and roof surface by four feet (4') every forty feet (40') and indicated that adds an additional cost burden to the developer. Council Member Roberts stated he is comfortable with the changes because the Planning Commission and City Council review the applications. Council Member Elwell inquired if it's possible to have a minimum standard for variations in wall planes and facades. Council Member Densley suggested this item be tabled and requested that visual material be provided to the City Council. Mayor Hart inquired if the City would want something concrete in the ordinance that spells out what is required. Chairman Loris indicated the Planning Commission looked at the plans for a current application and the massing is in the rear of the building and screened. Mayor Hart referred to the development areas of Kayenta, Entrada, The Reserve and similar and stated those developments have guidelines concerning architecture and that translates into what is seen. If the ordinance is changed, the City would be magnifying the scale for multi-family and commercial, with much bigger buildings. Chairman Loris responded that the City would be tying the designer and developers hands. Mayor Hart stated there's a difference between tying someones hands and saying the City expects a certain character in what is going to be designed and built in Ivins and if the developers don't want to provide that character, there are other places to build and they don't have to build in Ivins. He remembers the previous discussions that he, Council Member Mendenhall and Council Member Elwell were a part of. They went to great lengths to come to the numbers that are currently in the ordinance. He personally feels the proposed changes may go too far the other way. Council Member Mendenhall agreed and indicated she would be amenable to seeing a happy medium between the two with some minimum requirements that mitigates having the Planning Commission and then the City Council review in detail the plans each and every time something comes up. Council Member McDonald stated he isn't opposed to looking at this further and indicated that he thinks the City's Planning Commission has taken some very complex issues and generated some awesome results that this Council has been able to look at, tweek minorly and approve. Chairman Loris indicated absolutely. Mayor Hart indicated he's asking questions that suggest an opinion and not saying there was a mistake made. Dale Coulam stated he has heard it mentioned a couple of times that this can go back to the Planning Commission but procedurally, the Planning Commission has made their recommendation and it's in the City Council's hands. There has already been a Public Hearing on it before the City Council. That doesn't mean the Council can't utilize Staff and the Planning Commission to receive assistance from time to time. Mayor Hart requested Lance Anderson address this issue. Lance Anderson indicated he had concerns about the proposed changes but is unsure how to solve them. There can be unintended consequences when things are changed and passed. It can be hard to regulate and hard for designers to understand. He has always based his information off of the Transportation Master Plan. The City needs to figure out a compromise that will allow building and still protect what Ivins is trying to protect. Council Member McDonald inquired of Mayor Hart as to what can be done. Mayor Hart stated the Council may want Staff to provide the Council with additional information. He felt that at an absolute minimum, the building wall line cannot be a long wall line with appliques - balconies and pop-outs and so forth. The Mayor and City Council would like Staff to provide additional visual information depicting the impact of the proposed changes.

MOTION: Council Member Elwell moved to table this matter to a time specific date of the next regularly scheduled meeting with Staff to provide the City Council with information and visual depictions of how the requirements translate
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Mayor Hart stated this matter was tabled from the previous meeting for Public Safety to provide additional information to the Council regarding firearms. Chief of Police Bob Flowers acknowledged the difference of opinions and indicated in his opinion, firearms should not be allowed to be discharged in Ivins City limits. He is very familiar with State law and thinks the City should go further than State law for the safety of the citizens. He looked at the short and long rounds for a .22 and they can travel a distance of one (1) mile. Rifle rounds can travel a distance of one (1) to two (2) miles, depending on the rifle. He was not able to find a safe location within Ivins City where a firearm could be fired. There are other things that come firing guns in the City, those being noise, trash and a fire. Council Member Elwell inquired as to the safety of slingshots, bows and the like. Chief Flowers stated those can be done safely but was not asked specifically to look into those. Mayor Hart referred to Council Member Mendenhall's suggestion at the previous Council meeting for the City to consider a procedure of going through the State and Public Safety if there was a situation where someone's property was threatened in some way. Chief Flowers indicated Public Safety would be able to respond and if there was an area where there was an infestation, the City would have ability to deal with that. Mayor Hart inquired if Ivins' own Public Safety Department ought to be the first contact that situation. Chief Flowers stated there are individuals in the Division of Wildlife Resources (DWR) that are tasked to do that and have assisted Ivins Public Safety in other situations. He suggested contacting Ivins Public Safety Department first to determine whether there is a need to reach out to DWR or a trapper. Mayor Hart referred to personal property rights. Chief Flowers indicated he feels that if someone wants to put a trap on their property, they should be able to do that. Council Member Densley referred to farmers or those in agriculture using a gun for slaughtering. Chief Flowers stated that could be an exception and requested that those individuals let Public Safety know they're going to do that, similar to obtaining a burn permit so Public Safety is aware if there are reports of shots being fired. Council Member Mendenhall indicated she has received emails from individuals who are opposed to cross bows, bbguns and similar. She would like Chief Flowers to look into this because she feels they can cause a great deal of harm and can be misused. Mayor Hart stated there are two (2) very specific things for the Council to address: the issue with firearms and whether or not there's going to be a restriction in Ivins City and if so, at what level; and trapping in general and if it's allowed, under what circumstances. The Mayor and City Council first addressed firearms. Council Member McDonald suggested that Chief Flowers bring additional information back to the City Council regarding other weapons. Council Member Elwell agreed especially with the advancements in technology, he is concerned with the use of BBguns, pellet guns, bow and arrows and especially cross bows. He likes the definition of a firearm where it ignites a propellant to shoot a projectile. He wouldn't be adverse to passing something with the understanding that the City Council can re-visit it to make it more stringent if reports come back from Chief Flowers. Council Member Densley referred to the Utah Department of Public Safety's Firearm Laws and provided a copy to the Mayor and City Council. A copy is available by request through Ivins City Hall. He indicated that restrictions at the State level are adequate. Council Member Elwell inquired as to the definition of a dangerous weapon is defined. Chief Flowers indicated he believes the intent of that law is a firearm where anything that is combustible and projects something out of a barrel. Dale Coulam clarified the definition would be spelled out by statute but it isn't in the part that Council Member Densley provided. He will research that and provide additional information to the City Council.

Council Member Roberts inquired what restrictions Chief Flowers would recommend that would be in addition to State law. Chief Flowers suggested that firearms only be allowed to be discharged in Ivins City for very specific purposes and stated that State law is good for the State but not for Ivins. Mayor Hart inquired of the Council regarding Ivins adopting State law or pursuing it's own ordinance. Council Member Densley did not want to pursue a separate ordinance and wanted to retain State law. He also does not want to restrict BBguns or pellet guns.
Council Member Roberts would like to look at the State law in more depth and Council Member McDonald agreed. Council Member Elwell did not think that State law goes far enough. Council Member Mendenhall felt that if Chief Flowers as the Public Safety Director believes that firearms should be prohibited in Ivins City limits, she agrees with that. There are rights of people in the City that do not want firearms shot in the City and everyone's rights have to be taken into consideration. Mayor Hart stated the Council needs additional information before making a decision. Chief Flowers indicated he can provide maps, distances and similar and will look at things other than firearms. Council Member Roberts inquired if there was already a law that prohibited the discharge of firearm in Ivins City. Chief Roberts clarified the restrictions for Ivins has always been State law. Dale Coulam clarified that Ivins' current ordinances address discharge of firearms in parks but otherwise is State law controlled. Council Member Elwell stated that Santa Clara is experiencing problems with firearms and may develop a range to allow citizens an opportunity to shoot.

The Mayor and City Council next discussed trapping. Council Member McDonald disagreed with the provision in the ordinance addressing feeding predatory animals. He is not in favor of banning trapping inside City limits on private property and fears that provision could be misconstrued that when a trapper sets bait in a trap, that would be considered feeding a predatory animal. Mayor Hart indicated if he owned a large piece of ground, he didn't think it would be right or fair for someone to do anything on that property without his permission but as an owner, that's different. His concern is if someone is dealing with a predatory animal what their rights are to take care of that problem. Council Member Elwell suggested verbiage could be included in the Feeding of Predatory Animals provision by stating it's not relevant to appropriate bates for traps that are authorized. Council Member McDonald agreed with that. Council Member Elwell was concerned with individuals unknowingly entering onto private property particularly in the open washes and stated it didn't seem unreasonable to post in various areas to let individuals know that they're entering private property. Regarding trapping at large, anybody that has talked to the Council has referenced the Furbearers Guidebook, the Trappers Association and similar. To him, that condemns the open trapping in this area. A trapper has an ethical obligation not to place traps where people and their pets are prone to be. Ivins is 700 people per square mile, the State figure is 34 people per square mile and the County of Washington is approximately 60 people per square mile. He inquired why, other than to protect an individuals property, is it necessary to place traps knowing that people are probably going to walk into or around the traps and an animal may be with you. He is adamently against at large trapping in Ivins City. Council Member McDonald stated that it sounds like to him that the Furbearers Guidebook is sufficient and what the City needs to adopt. Mayor Hart indicated it doesn't define where you can trap. Council Member McDonald stated it does in the Code of Ethics by referencing if people are walking in the area, it's not a good place to trap. It's there and inquired why the City needs to put more regulation in place. Council Member Elwell answered with the inquiry of why the State has to have Game Wardens. Most sportsman are just that, sportsman yet Law Enforcement is required because not everybody follows those rules. The City Council would not be having this conversation today if whoever the trappers were that placed the traps in Kayenta, trapped ethically. They failed in their ethical obligation and that happens, the City Council is charged with the responsibility of the health, safety and welfare of this City. The City has to set the guidelines because not everybody is ethical. Council Member McDonald stated that if the rule is passed tonight the problem is still not going to go away. He understands what Council Member Elwell is saying but pointed out that people break the law all the time. His opinion is that the Furbearers Guidebook is adequate. Mayor Hart referred to the issue of personal property that Council Member Elwell brought up and indicated that a property owner has the right to not have activities take place on his property unless he gives consent to that. In his opinion there's no reason to post. If someone is going to do something on private property, it's that person's responsibility to know if they're on private property or not. It's not the property owners' responsibility to define his property. Council Member McDonald stated he received a lot of information and broke that information down to it being the City Council's responsibility for the health, safety and well being of the citizens of Ivins. He researched how many reported injuries there have been that were caused by a trap and he didn't find one. Based on that, he inquired why there would be a health and safety issue. He acknowledged that he was aware of one injury that was not reported. Mayor Hart inquired of Council Member McDonald if he agreed that trapping ought to be allowed on public lands in the City. Council Member McDonald confirmed in the affirmative. Mayor Hart indicated this boils down to three (3) votes, he inquired how much more discussion needs to occur because if there are three (3) votes who are in agreement that trapping ought to be allowed on public lands in Ivins City, the Council could talk all night and it wouldn't make any difference. Council Member Elwell and Council Member Mendenhall are opposed to trapping on public lands in Ivins City. Council Member Roberts stated Council Member McDonald made a point that he's been making all along about the health and safety issue of a trap. The incident that the City Council is aware of where the dog was trapped in a trap that was set unethically. If the trapper had followed the Furbearers Guidebook, the trap would have not been in that area. He tried to research and find out where any incidents of any child or human was injured, and there was none. Only when a pet was caught in the trap and someone was trying to release it, were injuries caused to the owner by their own dog. If the City is serious about the health, welfare and safety of Ivins City, the City should talk about something that's really and danger and referred to pit bulls. He provided statistics that pit bulls and other animals have caused significant injuries and even death to people. Furthermore, there are more children injured and killed on skateboards, trampolines and swimming pools than any trap. Council Member Densley indicated the Division of Wildlife Resources (DWR) regulates trapping if there's a problem. He felt that trapping on public land should be permitted. The City would be creating another law to be enforced that isn't needed because the DWR regulates trapping. He made the point that an individual can drive a motor vehicle without a license and it not be legal and the same could occur with a trapper. A licensed trapper ethically has the right to trap on public land but not on private land unless given permission. Council Member Elwell referred to a bill that was passed in the State Senate relative to eliminating discrimination against dog breeds so cities cannot enact those ordinances. Mayor Hart stated there are three (3) individuals on the Council that feel that trapping ought to be allowed on public lands in Ivins City. He inquired if there were going to be any restrictions or proximities to trails or public areas that are frequented by the public.

Council Member Densley inquired if there's any language regarding distance from a trail. Dale Coulam indicated no, that the policy would come from the Council. Retractable leashes vary but are generally under 50 feet. As a policy making body, the Council would establish what a reasonable distance is. An Animal At Large would generally require an animal to be on a leash and under the control of its owners. Pet owners should exercise common courtesy to others to keep the animal within their control. On the other hand, trappers should exercise common courtesy to others, and have an ethical duty under the guidelines of the Furbearers Guidebook, to not set traps near trails. Mayor Hart stated the electronic leash should be researched for the future but that isn't under discussion for now. The Mayor and City Council discussed the distances which ranged from twenty-five feet (25') to one hundred feet (100') and it was determined the distance would be fifty feet (50'). They also agreed that trappers be required to post a warning at the head of a trail across open space.

MOTION: Council Member Densley moved to approve Ordinance No. 2014-10 version 3 as amended
SECOND: Council Member McDonald

VOTE: The motion carried.

Roll call vote. The motion carried with three (3) Council Members voting in favor and two (2) Council Members voting in opposition.

Alan Rae indicated there have been a few things that have come up that needed to be changed in the budget. The Administrative Department has acquired an old police vehicle where maintenance and fuel were not budgeted for previously. There were no other changes.

MOTION: Council Member McDonald moved to approve to go to Public Hearing the proposed Tentative Budgets for FYE 2014 & 2015
SECOND: Council Member Roberts

VOTE: The motion carried unanimously.

MOTION: Council Member Elwell moved to approve the Consent Agenda
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Elwell reported that the weekend of April 26, 2014 the Best Friends Animal Sanctuary held a big adoption event where INKAS (Ivins No Kill Animal Supporters) and FIAS (Friends of Ivins Animal Shelter) participated. There were nine (9) cats and two (2) dogs that were adopted out of Ivins Animal Shelter as a result of that event. His daughter works at Red Mountain Elementary school and she was approached by individuals who said the people at Ivins Animal Shelter were friendly and outgoing.
Council Member McDonald reported that he will be attending a weed board meeting next week and will report on that at a later date.
Council Member Mendenhall - no report. Council Member Mendenhall was excused.
Council Member Roberts - no report
Council Member Densley - no report

Mayor Hart reported that he attended a meeting with the Public Works Directors and City Managers in the area. The area is facing the worst drought in years. The flows in the Santa Clara and Virgin Rivers are below 40% and the water shed is really limited. As a Nation, State and County, they are looking at an aging water infrastructure and pump stations are expensive to replace. Pressures are mounting for a wholesale water rate increase.

Dale Coulam reported that there will be two (2) or three (3) Public Hearings at the next City Council meeting.

9)	CLOSED MEETING

10)

ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Roberts

VOTE: The motion carried unanimously.

The meeting adjourned at 8:05 p.m.

Respectfully,

Kari D. Jimenez, CMC
Ivins City Recorder

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE