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
June 5, 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 Council Member Elwell, Council Member McDonald, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, and Public Safety Director Bob Flowers.
EXCUSED: Council Member Mendenhall

Audience: Barbara Rusick, Dorothy Engelman, J.R. Smith, Darin Bell, Phyllis Winkler, Myrna Olson, Jeff Loris, Walter Plumb, Kenneth Anderson, Bob Nickerson, Mark Foster, Claudette Larsen, Jenny Johnson, Zach Renstrom, Tracey Welsh, Bob Roush, Brian Chadaz, JoAnne Cooper, Gayle Bray, Randy & Karen Ham, Curtis Olson, Benita Bhattacharga and others who did not sign in.

Mayor Hart acknowledged a quorum was present and indicated Council Member Mendenhall was excused.

Council Member Elwell led the Flag Salute

Council Member Elwell gave the Invocation

Council Member Roberts referred to item 5)C and stated the applicant is a relative. There were no other disclosures or conflicts of interest with items on this meeting's agenda.

Mayor Hart indicated Benny Sorensen was excused but a written report was previously provided to the Mayor and City Council. 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. He reported that he reviewed other city ordinances and state law regarding archery equipment and stated it is his opinion that the use of archery equipment should be allowed with certain restrictions like distances from a target and that it be limited to target practice. An individual has to be eighteen (18) years old to use archery equipment and if they're under 18, they have to be with an adult. If the equipment is used properly, it is a safe practice. A lot of cities don't allow the use of archery equipment on city property unless it's for a special event. The City Council requested a written version of what the Chief's report regarding archery equipment. Chief Flowers reported that he spent the past three (3) days with 70 of Ivins' youth. They were great kids and are doing great things.

Chairman Loris reported that the Planning Commission discussed and approved a Class IV Condition Use Permit for a multi-family project for Park Place Townhomes on 65 West Center Street and approved a Final Plat for Taviawk Phase IX-C located at 603 West Wicasa Way in Kayenta. The Planning Commission also attended a joint meeting with the City Council regarding a very interesting and exciting potential project.

3)	CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE

Mayor Hart opened the Public Hearing and requested that Kevin Rudd provide a summary of this agenda item. Kevin Rudd indicated the property is zoned Resort Commercial (RC) and contains approximately ten (10) acres of property. The owner and applicant are proposing a resort hotel/condo project with units available for short term rental, which seems to be the trend in the hotel business. He stated that the adjacent Red Mountain Spa condos do the same thing. The Encanto Resort consists of ten (10) buildings with eight (8) condo units each for a total of 80 condo/short term rental units. The developer would be building on approximately twenty-four percent (24%) of the site with a density of 7.4 units per acre. Currently in a Multi-Family zone, a density of 15 units per acre is allowed so the proposal for this project is not high density. The buildings are two stories with an average height of just under twenty-four feet (24') and twenty-seven feet (27') where their chimneys and parapet features. The buildings are approximately ten feet (10') lower than what is currently allowed at thirty-five feet (35'). The landscape theme would continue with what is currently along Snow Canyon Parkway. There will be approximately three (3) acres of lava open space. Ivins City ordinance requires 30% of the lava to be undisturbed but the developers are leaving 70% undisturbed. All exterior lighting will be shielded and there will not be any street light or parking lighting. The building height and massing is similar with that of the Red Mountain Spa condos. The exterior stairways will be shielded from the public and the lights on the sports court will be turned off at 11:00 p.m. as required by ordinance. The Planning Commission recommended approval with the conditions that the buildings along Snow Canyon Parkway have a minimum setback of forty-five feet (45') from the back of the curb and the colors of the buildings be a muted earth tone variety. They would like the City Council to consider an alternative fencing other than a solid block wall that would be agreeable with the neighboring property owners in The Reserve because the wall/fence would be through the middle of the lava. Kevin Rudd stated the setbacks on the building on the south side of the development are over 100 feet on the eastern boundary, 12 feet on the north boundary and 12 feet on the west boundary. The building setbacks on snow Canyon Parkway is approximately 40 feet from the property line and 45 feet from the back of curb. As a comparison, Snow Canyon Medical Center is 30 feet from the back of curb, Vista Charter School is 110 feet from the back of curb and the LDS Chapel on Center Street is 80' from back of curb. There is no specific setback distance on commercial buildings except when it abuts residential and then the set backs must be the same as the residential zone.
Myrna Olson resides in The Reserve and is on the Board. She indicated that members of The Reserve community are concerned with the buildings being two stories, the closeness of the project, the density, lack of covered garages, no turning lanes on Snow Canyon Parkway, the buildings blocking views of Snow Canyon, not enough landscaping to shield the project from The Reserve residents and lights marring the night sky. She appreciated the setbacks for the lava and suggested limiting the height of the project to one story instead of two stories, with a maximum height of fifteen feet (15'). She stated a lava wall should be used and that developments that are approved should enhance the City.
Tracey Welsh is the General Manager of Red Mountain Resort and referred to letters received from their homeowners. Their concerns are density and that the views from Snow Canyon Parkway would obstruct the view to their development. She asked the City Council to give the same consideration to the entrance into their community and roadway entrance. If the development is allowed to proceed as planned, there will be a loss of what is unique and amazing in Ivins.
Karen Hanner resides in the Painted Hills subdivision. She was concerned with overcrowding of the units when they're rented, increased traffic and police patrols, the setbacks from Snow Canyon, too many lights and lack of infrastructure to handle that many people. There are no restaurants, drug stores or similar. She would be interested in knowing how many jobs would be created for Ivins and Washington County residents if the project is approved and proceeds.
Joyce Wheeler resides in Entrada and moved here years ago because of the beauty. Other developers who have come into the area have been sensitive to the homes being one story and asked the City Council to think about the scar in St. George and stated that may be what Ivins would have with this development.
Walt Plumb with Gardner Development thanked everyone for their input and suggestions. He indicated they purchased the property a year and a half ago and initially considered single family homes for the property but that was not allowed because the land is zoned Resort Commercial. They have tried to be as sensitive as they can to The Reserve residents. The property where The Reserve construction gate is located is on their land and they have allowed The Reserve to continue to use that access. If the buildings are pushed back further off of Snow Canyon Parkway, they would encroach into the lava and the development would be closer to The Reserve development. The majority of the setbacks are at least 50 feet and they are very sensitive to lighting. The developers own homes in Entrada, love the stars, hiking, biking and the like and are very sensitive to that. Their idea is to continue to develop up The Reserve wall and install an entry feature. There is room in Ivins City for two successful resorts. The units will be high end at a price point of $220 to $240 per square foot. Regarding density, 7.5 units to an acre in a Resort Commercial zone is half of what is average and generally allowed. They have left 73% of the lava untouched and are only using 24% of the total site.
Christian Gardner revised the 3D photos and took into account the comments that were made at the Planning Commission Public Hearing. The heights of the buildings are the same as the adjacent Red Mountain Spa development.
The developers Christian Gardner and Walt Plumb provided a color and materials board. They heard the comments from the Planning Commission meeting and agreed that the development needs to blend in with the landscape and use dark and warm natural tones. All staircases are tucked in on the interior of the project and shielded from public view. The majority of the windows on the units face north and north east and the building that is facing The Reserve is 210 feet from The Reserve. They are very sensitive to The Reserve residents. The buildings are positioned to minimize excavation and go with the natural flow of the landscape. The project will be built in phases beginning with a few buildings and as the economy dictates and the units are sold, they'll continue on to the next phase.
John Stook resides in Santa Clara and is concerned about the units being two stories. He suggested the buildings be one story, particularly in the front of the property along the street to preserve the view corridors. Dale Coulam clarified that the maximum height allowed in the Resort Commercial zone is 35 feet. The heights of the proposed units are significantly less than what is allowed.
Karen Hanner commented that she resides next to a development where the same developers are developing the property and she has found them to be responsible and sensitive of the sound issues, curfews, lighting and everything else.
Mayor Hart clarified that the City Council cannot re-write ordinances for each development and that is not the purpose of the Public Hearing. The past and present City Council members have established the ordinances and the City Council is obligated to look at this project in terms of how well it conforms to the requirements of the current zoning regulations and ordinances. Had the public attended the Public Hearings during the Master Plan process and voiced their concerns then, the situation may have been different. Mayor Hart closed the Public Hearing.

Council Member Roberts referred to receiving an email that stated there were some individuals who though the Public Hearing and discussions had been postponed and was going to be continued to the next City Council meeting. He inquired if that was the case. Mayor Hart stated that his preference would be to not continue the Public Hearing unless there is additional information or comprehensive concerns that have not already been addressed. Dale Coulam confirmed he had sent an email to the City Council informing them that a citizen had expressed concern to him that some individuals may have thought the Public Hearing had been postponed. Council Member McDonald indicated that the way he views it, the developers are below what they're legally allowed to do so he doesn't know why the City would need to continue the Public Hearing or discussion because the developers are within their legal right to develop what has been presented. Council Member Roberts referred to a concern that was raised at the Planning Commission meeting where the Planning Commission recommended a 45 foot setback as opposed to the 35 to 40 foot' setback. In some of the places there's a 50 foot or more setback. The developers showed the plan if it was altered to comply with the 45 foot setback. It would push the development closer to The Reserve and encroach into the lava. Dale Coulam clarified that a Conditional Use Permit allows the City Council to impose reasonable conditions that may mitigate adverse consequences to neighboring owners. Moving the setback to 45 feet from Snow Canyon Parkway would mitigate adverse interests for people using the trail or the parkway but it places additional burdens on those living in The Reserve. He inquired what the Council feels that the setback should be. The current plan preserves most of the lava and gives over 200 feet between the development and The Reserve property. Council Member Roberts inquired if the setback would help with the pristine entrance that Red Mountain was concerned about. Walt Plumb indicated there is only one spot in the project where they are below a 45 foot setback but that isn't out of compliance. The 45 foot setback was only a recommendation by the Planning Commission. They are resistant to that setback because of their sensitivity to The Reserve. Dale Coulam inquired if the City Council wants landscaping in the lava area or do they prefer that it be left in its pristine and natural condition. The Mayor and City Council agreed that it should remain in the natural condition. Walt Plumb commented that a lava fence wouldn't look natural and it should be left open. He also thinks that construction access should be made permanent to The Reserve so that The Reserve doesn't have to worry about construction trucks going through The Reserves main gates. Council Member Elwell stated he would like to see the lava preserved and not push the development back into the lava to accommodate a few feet from the Snow Canyon Parkway. He referred to The Reserve construction access entrance and indicated he thought that had already been deeded over. Dale Coulam clarified that it had been discussed at one point to make the access permanent. Council Member McDonald indicated that as much as someone tries to protect views, the fact is the developers haven't pushed their height limit and that tells him that the developers are trying to protect views and be respectful while still developing their property. As the City grows, somebody's views are going to be affected. Mayor Hart referred to the way the buildings have been designed and complimented the architect on how the buildings are configured. Regarding comments on densities and building heights, the developer could have came forward with a plan that was more dense with taller buildings because it's allowed in that zone. Council Member Roberts stated Council Member Elwell's comments on the lava and protecting it is a good point. Dale Coulam referred to the height of the buildings along Snow Canyon Parkway and inquired if the developers would limit the average height to 25 feet. The developers indicated the heights vary due to parapet walls and other architectural features. Those features would be limited if the 25 foot maximum height limit was imposed. The Mayor, City Council, City Manager/Attorney and Developers discussed this and agreed that such architectural features could extend beyond the average height of twenty-five feet (25'). Dale Coulam indicated the motion could be made to approve the Conditional Use Permit as recommended by the Planning Commission with certain amendments to conditions: the lava is to be left in it's pristine and natural conditions; the setback along Snow Canyon Parkway shall be 40 feet with no more than 25% of a building encroaching to 35 feet; the average height of the front buildings shall be limited to that of residential i.e. 25 feet other than architectural features such as chimneys and parapets; and the developers make The Reserve emergency access permanent. Walt Plumb stated he has met with the Board of The Reserve and they are working through that. That piece of property is not going to be part of the Encanto project. The City Council agreed that there would be no fencing along the border of The Reserve due to the natural barrier. Kevin Rudd stated there is one exception where there is a little section that abuts The Reserve and a fence would be required to protect the tortoises. Walt Plumb agreed.

MOTION: Council Member Densley moved to approve a Class V Conditional Use Permit for Resort Hotel/Condo Rentals for the Encanto Resort project as amended, with Dale's list of conditions
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Dale Coulam indicated the City went through the interview process. There were four (4) qualified applicants and those were screened to two (2) finalists who had extensive governmental accounting experience. After the Mayor, Dale and Dave Glenn interviewed the finalists, they determined Wally Ritchie would be the best choice. Most of the Department Heads have prior experience with Wally Ritchie and it is Staff's recommendation that the Council appoint him as the Director of Finance. He previously served the City of Santa Clara as Director of Finance and for a short time as City Manager. He is currently employed by Rosenberg and Associates as their Business Manager and handles their books. He has an excellent background using spreadsheets, already has his MBA and once he becomes familiar with the Pelorus accounting software, the expectation would be that he will continue the City's award recognition by the Government Finance Officers Association (GFOA). If he's appointed, he would start full-time on June 30, 2014. Wally is a former professional baseball pitcher for the Philadelphia Phillies and is unable to be here tonight because he is with his past team members in Philadelphia. Mayor Hart stated he interviewed the two finalists and found them both to be outstanding. He felt that Wally was charismatic, would work well with others and would integrate well with existing staff.

MOTION: Council Member McDonald moved to approve Resolution No. 2014-09R, a Resolution of Ivins City, Utah, appointing Wally Ritchie as the Director of Finance
SECOND: Council Member Roberts

VOTE: The motion carried unanimously.

Roll call vote. All Council Members who were present voted in favor.

Dale Coulam indicated the agreement came to the City from the County to put into place the agreement between the cities and the county regarding how revenues from the RAP (Recreation, Arts and Parks) tax will be divided. Mayor Hart clarified that this was coordinated through the County Commissioners and results in approximately $75,000 annually coming to Ivins to use for recreation and Arts related uses. Council Member Roberts stated he attended some of the meetings and if the County didn't do this, St. George would have passed their own and received all of the funds. Having this agreement is a benefit to Ivins City.

MOTION: Council Member Roberts moved to approve the Interlocal Cooperation Agreement regarding distribution guidelines for funding recreational and cultural organizations and facilities ("RAP tax")
SECOND: Council Member Densley

VOTE: The motion carried unanimously.

Mayor Hart previously indicated that he would take the ideas that were discussed at the previous City Council meeting and meet with Dale Coulam and Kevin Rudd and formulate language that expressed what those ideas were. He spent a significant amount of time doing that and has refined the language in the ordinances. Chapters 18 and 19 of the zoning ordinance have been separated to address them separately. (Copies are available by request through Ivins City Hall.) He inquired of Kevin Rudd if he considers the changes to be reasonable and provides the city with the means to control the architecture to a point that buildings will be attractive. Kevin Rudd indicated it does. Dale Coulam posed the same question to Mayor Hart as a designer and inquired if a designer would now know what the expectations are to end up with a building that is attractive. Mayor Hart stated yes and that it establishes a minimum standard that will not impose significant costs for someone trying to create more modest structures for lower or modern income projects but there are still design requirements that are nominal. Dale Coulam indicated the City Council can approve either chapter of the ordinance or both chapters tonight. He stated that there are a lot of similarities in both chapters. The Mayor and City Council referred to the language identified in green regarding Wall Variations and Roof Variations in Chapter 18 and agreed to the language. Dale Coulam referred to page 1 of the ordinance addressing Chapter 19 regarding language that Figures 2-A and 2-B are to preserve significant views. However, a view angle is not an appropriate method for openness or to minimize massing. The Mayor and City Council agreed to the changes. Dale Coulam referred to page 2 regarding Tuacahn Drive and Snow Canyon Road being identified as streets with view corridors. He suggested striking Tuacahn Drive and Snow Canyon Drive there are only two undeveloped properties on each and it would impose multiple setbacks at Snow Canyon Parkway that may prohibit or severely restrict development on those parcels. The Mayor and City Council agreed. Council Member Roberts referred to the words "other red rock formations" as views and was concerned that anyone could say they want any red rock formation preserved because of the view. Dale Coulam suggested clarifying Red Mountain and red rock formations north of Kayenta. The Mayor and City Council agreed. Dale Coulam referred to the bottom of page 3 of the ordinance regarding Wall Variations and indicated the language is similar to the language in Chapter 18. The Mayor and City Council addressed the section on Reduced Upper Levels and determined that no second story could exceed 90% of the ground floor footprint. Council Member Densley referred to screening mechanical equipment and would like to see something in the ordinance that requires the equipment be painted or screened. Dale Coulam clarified that is already in the ordinance. The City Council agreed to the changes in both chapters as amended.

MOTION: Council Member Elwell moved to approve Ordinance No. 2014-13, an Ordinance of Ivins City, Utah, Amending Chapters 18 & 19 of the Ivins City Zoning Ordinance (Title 16) as amended
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Council Member Elwell requested item B be removed from the Consent Agenda

MOTION: Council Member Elwell moved to approve Consent Agenda items A, C, D and E
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Council Member Elwell requested a greater understanding and explanation of the Conservation Easement Deed due to the HCAC previously requiring Ivins City give up land. Dale Coulam stated he understood that Ivins had to agree to the conservation easement in order to build the detention basin. Council Member Elwell's position is that Ivins has to keep giving and giving and giving but if the City agreed to it, he doesn't see a reason to not to pass it. Council Member McDonald referred to page 1 of the Deed and noted that the dollar amount for consideration is blank. They Mayor and City Council would like clarification on the deed prior to approving it.

MOTION: Council Member Elwell moved to table Consent Agenda item B
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Densley - no report
Council Member Roberts reported he has a possible future agenda item
Council Member McDonald - no report
Council Member Elwell requested that Dale communicate to Public Works that the slurry seal in the Red Rock area this year the way they're doing it has provided the residents with the opportunity to get in and out of their homes and the slurry itself seems more professional than last year

Mayor Hart reported that the partners in the Our Town Grant are proceeding towards writing a recommended Arts Master Plan for the City that will eventually come before the City Council for approval to have a specific component of the Master Plan that is arts focused. The City Council agreed that would be a benefit to the City. He reported that Ivins City just received the designation as a Road Respect Community and the City had a great two (2) day event. Dale Coulam suggested information be in the newsletter regarding the Road Respect designation. Mayor Hart asked the City Council to think about the July 24th Grand Marshal. He suggested Judy Gubler. The City Council agreed. Council Member Roberts referred to other municipalities not competing with each other for parades and only holding one parade similar to The Days of 47 Parade where all participate in one parade. He inquired if the Mayor has heard anything more. Mayor Hart indicated that is what the other municipalities are doing but that he told them that Ivins is still having its parade. Dale Coulam stated there are some advantages to The Days of 47 Parade because they are not a governmental entity and can regulate things that a municipality can't.

Council Member Roberts was approached by someone who works for Holbrook Asphalt Company about the product "HA5". He would like to see if the product will save the City money and suggested a presentation to the City Council. Mayor Hart suggested starting with staff.

9)	CLOSED MEETING

10)

ADJOURNMENT

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

VOTE: The motion carried unanimously.

The meeting adjourned at 9:05 p.m.

Respectfully,

Kari D. Jimenez, CMC
Ivins City Recorder

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