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, Public Safety Director Bob Flowers, and Building and Zoning Administrator Kevin Rudd.
EXCUSED: None.Audience: Jenny Johnson, Claudette Larsen, Donna M. Rode, Merril Bryan 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. Department Reports: Parks and Recreation and Public Safety Parks and Recreation Report Public Safety ReportBenny Sorensen previously 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 Movies in the Park went well this year. They were well attended and he appreciated the Southern Utah Veteran's Home and Avalon Health Care for sponsoring them this year and providing snacks for the movie goers. Flag Football begins the week of September 8, 2014. There are 10 teams in the 6 to 8 year old group and 8 teams in the 9 to 12 age group with 165 registered players. Planning for Heritage Days is in full operation and will be held on September 19 and 20, 2014. There were no burials in the month of August and there has been some vandalism at UNITY Park but the individuals responsible were identified by Public Safety. Council Member Roberts inquired if cemetery information about how to purchase plots and similar could be placed on the website, as he was unable to locate the information. Benny Sorensen indicated the information is on the website but he'll see if it can be placed where it's easier to find.Bob Flowers previously provided a written report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. He provided a two (2) year report to the Mayor and City Council since the combining of the Santa Clara Ivins Police Department. A copy of the report is available by request through Ivins City Hall. The two (2) year report breaks down what the police department did, why they did it and where they're at now. The report provides information on the top five (5) arrests, calls of service, citations and highlights some significant cases. He referred to the current national attention to police officers wearing cameras on their uniforms. Santa Clara Ivins Police Department began using those two (2) years ago. Bob stated the department has come a long way because they combined forces.Council Member Densley inquired as to the monetary recovery percentage for vandalism from the individuals who did the damage. Bob Flowers indicated it isn't much. It's asked for as part of any plea bargain but you generally don't receive a lot. Dale Coulam clarified that sometimes a portion of the restitution is paid to the person that was harmed and not to the City. There are also requests from the Judges that in lieu of restitution, the offenders provide some type of service, like pulling weeds and similar.Dale Coulam referred to agenda item 5)B and stated that Bob was asked to report on dangerous weapons in a park. He stated that he received correspondence from a second amendment group regarding a change in State law where municipalities cannot regulate concealed weapons in a park and inquired if the City Council would like to regulate other dangerous weapons or just repeal the section in the ordinance that is no longer enforceable. Bob Flowers stated he thinks State law is sufficient because it is specific to enforce misuse and repealing the section would not weaken anything.
B. Planning Commission Report Kevin Rudd reported that the Planning Commission held four (4) Public Hearings regarding 1) a Preliminary Plan for Redstone Estates, 2) a Class V Conditional Use Permit for a Resort Hotel, 3) an amendment to the Subdivision Ordinance regarding connecting roads and 4) amendments to Chapters 18 and 19 of the Zoning Ordinance. The Planning Commission made recommendations for approval on the first three (3) Public Hearings and forwarded those items to the City Council for Public Hearings. They continued discussion on the fourth item regarding amendments to Chapters 18 and 19.
| 3) | CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE |
Kevin Rudd stated that this property was the former subdivision of "Villas of Bellagio" that went back to the bank and the developer of Kayenta and several other investors purchased the property from the bank. The commercial uses that the owners originally envisioned did not come to fruition and the owners are now requesting that the Land Use be amended back to the original Low Density Residential designation. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.Staff Report Application Map Planning Commission Minutes Ordinance No 2014-20Council Member Densley inquired if only the property on the south side of the Highway 91 would be changed. Kevin Rudd confirmed that it was just the south side.
MOTION: Council Member Densley moved to approve Ordinance No. 2014-20, an Ordinance of Ivins City, Utah, amending the General Plan to change the Land Use Plan from Commercial Resort back to Low Density Residential located at approximately 600 West and 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.
Ordinance No 2014-16Dale Coulam referred to subparagraph (e) wherein it states "The foregoing notwithstanding, however, any existing use of "bamboo" (which is in violation of the State's list) may be allowed to continue to exist so long as it does not spread (as opposed to naturally filling in along an existing boundary) and shall not be permitted to be replaced in the event of removal or destruction by any means." Council Member Roberts inquired as to the term "bamboo" since the plant isn't really bamboo and if the actual name of the plant as well as "aka bamboo" should be included. Dale Coulam stated that if he can provide the official name, he will add it to the ordinance. Council Member Roberts indicated he will email that to Dale Coulam.
MOTION: Council Member Roberts moved to approve Ordinance No. 2014-16, an Ordinance of Ivins City, Utah, amending Section 7.06.203 of the Ivins City Code entitled "Storage of Personal Property" and Repealing Part 3 of Chapter 7.06 of the Ivins City Code, as amended
SECOND: Council Member Densley
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member McDonald AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley AYE
Roll call vote. All Council Members voted in favor.
B. Discuss and consider approval of Ordinance No. 2014-17, an Ordinance of Ivins City, Utah, repealing Section 11.04.101(3) of the Ivins City Code entitled "Dangerous Weapons" Ordinance No 2014-17Dale Coulam stated that the State of Utah adopted section 53-5a-102(5) of the Utah Code, which preempts a City's ability to restrict the possession of firearms. Based on the information that Bob Flowers provided earlier tonight, repealing section 11.04.101(3) of the Ivins City Code entitled "Dangerous Weapons" is the simplest way to handle this. The Mayor and City Council agreed.
MOTION: Council Member Elwell moved to approve Ordinance No. 2014-17, an Ordinance of Ivins City, Utah, repealing Section 11.04.101(3) of the Ivins City Code entitled "Dangerous Weapons"
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.
C. Discuss and consider approval of Memorandum of Understanding with Washington County School District for recreation facility use Memorandum of UnderstandingDale Coulam indicated this is a formality. For years and without a formal agreement, Ivins City has used Washington County School District facilities for Ivins' basketball program and they have used Ivins' facilities for the Girls Softball Tournament. This agreement formalizes this between Ivins City and the Washington County School District. All of the other cities are entering into the same agreement with the District.
MOTION: Council Member Mendenhall moved to approve the Memorandum of Understanding with Washington County School District for recreation facility use
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
All in favor.
D. Discuss and consider authorizing execution of the "Local Consent" for a State Single Event Alcohol Permit to serve beer/wine at the Art in Kayenta festival in October Dale Coulam stated a beer license was processed and issued last year for this event but this year they are adding wine which removes it from Ivins' jurisdiction. The State of Utah has the jurisdiction and is asking the City Council to sign the local consent. Council Member Roberts inquired what happens if Ivins City doesn't sign the consent. Dale Coulam indicated the unless there were reasonable grounds to not issue the license, the State would likely issue it. By going through this process, the State is allowing Ivins an opportunity to weigh in on if the alcohol will be within a certain distance of a public park, school, church and similar where it's prohibited. Council Member Densley inquired if the City will receive tax revenue. Dale Coulam stated the business should report that to the Tax Commission but Ivins City doesn't control that. The State also determines if an applicant has submitted a complete application.Single Event Permit
MOTION: Council Member Mendenhall moved to approve the execution of the "Local Consent" for a State Single Event Alcohol Permit to serve beer/wine at the Art in Kayenta festival in October
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
A. Approval of purchase of Itron hand held ERT and register programmer Staff Report
B. Approval of Meeting Minutes for August 21, 2014
MOTION: Council Member McDonald moved to approve Consent Agenda items A & B
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 - no report
Council Member Roberts - no report
Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell - no report
B. Mayor Mayor Hart reported that he spoke at the local Board of Realtors annual event about what's happening in Ivins. They were excited to hear about the resort projects and improvements on the reservoir.
C. City Manager/Attorney Dale Coulam
D. Items to be placed on future agendas Council Member Densley commented that the busses are going to be here in December and inquired as to the plans for signs, benches and similar. Dale Coulam stated that the City has been discussing that and Tuacahn's new principal would like the busses to run all day rather than just the morning and afternoon. The plan is to install a pole and a schedule at every location, determine rider participation and then install benches based on that. He spoke with the Director of the VA Center and they were going to determine the location for the stop and bench in front of that facility. That would be the only bench planned to be installed this year and the City already has a bench it can install.Mayor Hart referred to the Washington County Water Conservancy District. The District is concerned about a manageable impact fee. They need to take a hard look at the storage needs for the County water system. Additional reservoirs are in the plans for the future and some studies suggest they ought to have at least double the annual need in storage. There are significant water issues that are going to have to be addressed. When he receives sufficient information relating to that, he will provide it to Dale Coulam for discussion with the City Council.
| 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 6:35 p.m.
Respectfully,
Kari D. Jimenez, CMC
City Recorder