All present included Mayor Hart, Council Member Elwell, Council Member McDonald, Council Member Mendenhall, Council Member Roberts, Council Member Densley, City Engineer Chuck Gillette, and Director of Finance Wally Ritchie.
STAFF: City Manager/Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, and City Recorder Kari D. Jimenez.
EXCUSED: None.Audience: Lance Anderson, Chelsea Clarkson and others who did not sign in.
A. Acknowledgement of Quorum Mayor Hart indicated there was a quorum present and that Council Member Mendenhall may be present at the meeting later.
B. Flag Salute Council Member Roberts led the Flag Salute
C. Invocation Council Member Roberts gave the Invocation
D. Disclosures There were no disclosures or conflicts of interest with items on this meeting's agenda.
A. Presentation by Ivins City Royalty Mayor Hart introduced Madeline Dennett as Miss Ivins. Madeline introduced First Attendant Allison Svedin, Second Attendant Megan Bryan, Miss Congeniality Shami Ruesch and Miss Spirit Tegan Hintze. They performed a song for the City Council. Mayor Hart is proud to have them represent the City and thanked them for their representation.
B. Department Reports: Public Works, Engineering and Building Department Public Works Summary of Operations Engineering ReportDave Glenn reported the department applied for money to update the Transportation Master Plan and was successful in receiving $20,000.00 for that. He met with representatives of Suntran and the bus is expected to be delivered in the middle of December, with service anticipated to begin in the middle of January, 2015. They also discussed signs, benches and stops along the route. There will be a bench at the Veteran's Center to begin with and will obtain feedback after ridership has started. The flood from last week was another 1000 year flood event according to the weather service, the 2nd one in 2 years. There was approximately four inches (4") of rain throughout the City. An area off of Puerto Drive, south of Center Street had the most damage. They are continuing to work on cleaning the streets and asked for patience from the residents.Mayor Hart reported that the City held a meeting with homeowners on Puerto Drive where most of the damage from the storm drain overflowed the path that went behind the homes. Dave Glenn stated it was a productive meeting and the citizens seemed very appreciative of what the City is doing. The City is putting together mitigation work for the future. Council Member Roberts referred to damage sustained to homes in the area of 100 West from 100 South to 400 South. Dave Glenn stated he had not been made aware of that damage and that there is a storm drain at the end of 400 South and 100 West although there isn't one in between. Council Member Elwell inquired about the alternative system in Kayenta and asked how that worked. Dave Glenn stated Chuck Gillette looked at that and said it worked pretty well.Chuck Gillette reported he is on the Board of the American Public Works Association (APWA) and they held their Annual Conference this week in St. George where Mayor Hart joined the conference at the Mayor's round table. A ribbon cutting for the recent solar project is scheduled at Heritage Days as part of the Mayor's Walk at 6:30 p.m. at the Fire Station. They have installed an additional 52 panels, totaling 308 panels installed to date. Rocky Mountain Power will be at the ribbon cutting and the press has been invited. The Center Street lighting project is proceeding and will likely wrap up next week. He expressed hesitation to move forward on the Outfall Mitigation Project on Main Street where a 72 inch pipeline goes into the Grave Yard Wash. The NRCS has proposed a design for that outfall mitigation project but the approximate cost is $300,000. The City doesn't see a need for that particular design and asked the NRCS to look at an alternative design that would only cost $70,000.00 of which the NRCS will pay 65% of the costs for that. That will come before the City Council as soon as it is finalized.Kevin Rudd reported that growth for single family dwelling permits is similar to last year's growth pattern. The Building Department has received an application for a new subdivision as well as a couple of Conditional Use Permits - Family Dollar Store and a fast food restaurant. Code Enforcement will be holding an Administrative Code Enforcement hearing on Oct. 1, 2014. Council Member Roberts requested a code enforcement report going forward so the City Council can see what type of instances and where in the City those are occurring. Kevin Rudd stated he'll start providing that information to them.
Council Member Mendenhall arrived at 5:55 p.m. and stated she had no conflicts or disclosures.
C. Planning Commission Report Chairperson Jeff Loris reported that the Planning Commission held a Public Hearing on a proposed General Plan Amendment to change the Land Use Plan from Low Density Residential to Commercial Resort, located adjacent to and north of the Coyote Gulch Commercial Area in the Kayenta Development. The discussion of that was tabled and will be discussed at the next Planning Commission meeting. He stated that most of the comments were in opposition to the proposal.
| 3) | CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE |
A. Public Hearing on the Planning Commission’s recommendation to approve a Preliminary Plan for Redstone Estates Subdivision Kevin Rudd reported that Redstone Estates consists of 14 lots and is zoned R-1-10, Single Family Residential, with 10,000 minimum square foot lots. The Planning Commission recommended approving the Preliminary Plan, with one exception, that being the requirement to provide a connecting road from the end of the cul-de-sac to 200 North. The Planning Commission felt that the exception for a connecting road had been met. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
B. Discuss and consider approval of a Preliminary Plan for Redstone Estates Subdivision Redstone Staff Report Redstone Application info Redstone MapCouncil Member Elwell referred to his previous comment of there being a pedestrian walk into the school property. Zach Renstrom with Bush and Gudgell indicated he contacted the School District and was told that currently there are no plans to build a school adjacent to the proposed project. They didn't want to create an alley that would go nowhere if that were the case.
MOTION: Council Member McDonald moved to approve the Preliminary Plan for Redstone Estates Subdivision
SECOND: Council Member Elwell
VOTE: The motion carried.
Council Member Elwell AYE Council Member McDonald AYE Council Member Roberts AYE Council Member Densley AYE Mayor Hart ABSTAIN Council Member Mendenhall ABSENT
C. Public Hearing on the Planning Commission’s recommendation to approve a Class V Conditional Use Permit for a Resort Hotel Kevin Rudd gave a brief initial presentation stating that the proposed use was consistent with the zoning and that the Project had been reviewed by the Sensitive Lands Committee. Mark Philp, architect for the Project, then presented this item by giving a shorter PowerPoint presentation similar to what had been previously presented to the Council and Planning Commission. Also present were Alan Layton representing the owner, Stan Castleton representing the Developer, along with the rest of the Development Team to answer any technical questions.Councilmember Elwell stated he likes Palo Verde and inquired how they fared along Center Street? Kent Byland stated most of the large ones look like they're going to survive but they're not on the plant list for Sentierre. Mayor Hart opened the Public Hearing. Alan Layton commented that he is partner with DDRM and property owner. Nineteen (19) years ago he stood on the hill of what is now the top of the amphitheater for Tuacahn and realized this was a remarkable place. He felt a greater sense of importance or sanctity as this place reflects majesty and specialness that is now Padre Canyon. Hyrum Smith offered to him to purchase the land that is being discussed tonight. He spoke to people in the hospitality resort business who introduced him to Stan and together put together a team of professionals that have created what he can say is beyond his imagination and a very exciting use that respects Padre Canyon. The Project will also provide some employment opportunities. Chelsey Clarkson thinks this is beautiful and just commented the need to look ahead at floods that have happened within the city. There being no further comment, Mayor Hart closed the Public Hearing.Staff Report Sentierre Conditional Use Permit info List of ConditionsCouncil Member Elwell stated the Conditional Use Permit list of conditions seemed comprehensive and inquired if the developers agreed with the conditions. Stan stated they were. Council Member Elwell agreed. Council Member Densley inquired if the phases were factored on market demand if they would come back to the Council for any changes. Dale Coulam responded that is is current phasing plan that is foreseen. The market conditions can change, explaining why the Applicant requested the 15% flexibility in the mix for casitas and villas. The conditions require substantial compliance with the presentation materials, including 2 types of casitas and villas product. He further explained that with the requirement for financial assurances, the Applicant will update that information for each phase of the Project. The Applicant would also be required to come back to the Council if there are significant deviations from the plans or conditions. Council Member McDonald stated he's very grateful for the conditions and that they have every right to use this property in this way. Council Member Mendenhall stated she is the nay sayer of the group but thinks this is a fabulous project. She wished them the best of luck but she does not see the demand for the success of the beautiful facility - but she hopes she's wrong. Everything she questioned is contained in the written List of Conditions, especially page 6. The only question was the use of the word "may" in the last paragraph on page 6 regarding whether a Development Agreement would be required. Dale Coulam stated that a phased subdivision would require a development but they are not required to subdivide; hence the use of the word "may." Council Member Mendenhall stated that being the case, her comments aren't made off the top of her head; that she has a great deal of experience in resort economic development and a number of dear friends that have properties on Las Vegas Boulevard where she discussed from beginning to end with them. You have a great team but without the written List of Conditions, she would not be for it. Mayor Hart appreciated her experience and thoughtfulness. Council Member Roberts stated most conditions addressed in the presentation and glad to see it in writing. Property owners have a right to risk and he thinks reasonable mitigation has been addressed so he was for it. Mayor Hart has dreamed of something like this and that this is a positive thing for the City to define it as a destination community and resort destination.
MOTION: Council Member Densley moved to approve D. Discuss and consider approval of a Class V Conditional Use Permit for a Resort Hotel located directly south of Tuacahn, incorporating the written list of conditions recommended by the Planning Commission at their meeting on September 2, 2014
SECOND: Council Member Roberts
Council Member Mendenhall was excused at 6:55 p.m.VOTE: The motion carried.
Council Member Elwell AYE Council Member McDonald AYE Council Member Mendenhall AYE Council Member Roberts AYE Council Member Densley AYE Mayor Hart ABSTAIN
E. Public Hearing on the Planning Commission’s recommendation to approve an amendment to the Subdivision Ordinance Section 15.05.402(3) clarifying when a connecting road is required Dale Coulam stated this is a clarification of an exception in the Ordinance on long cul-de-sac streets. Normally it is required for connecting roads, but to connect can be almost impossible due to boundaries and the nature of ownership of adjoining property. Council Member Elwell stated this is very appropriate but questioned the difference between a terminating highway and a cul-de-sac. Dale Coulam stated that a cul-de-sac is defined the same way, a long dead-end street. As used in the State code, a highway is basically any public street, so a cul-de-sac is considered a terminating highway. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.Ord No 2014-18
MOTION: Council Member Elwell moved to approve F. Discuss and consider approval of Ordinance No. 2014-18, an Ordinance of Ivins City, Utah, Amending Section 15.05.102(3) of the Ivins City Code Clarifying Exceptions for a Connecting Road to Cul-de-Sacs
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member McDonald AYE Council Member Roberts AYE Council Member Densley AYE Council Member Mendenhall ABSENT
County Resolution Deed Corrected Deed 2014-14R Highway 91 TransferDale Coulam stated this is self explanatory. The County passed their Resolution and have recorded the Deed. This is necessary for Ivins to proceed with planned improvements to Highway 91 and for Highway 91 to ultimately develop as Ivins has planned.
MOTION: Council Member Densley moved to approve A. Discuss and consider approval of Resolution No. 2014-14R, a Resolution of Ivins City, Utah, accepting the transfer of any ownership & jurisdiction Washington County may have in the portion of Old Highway 91 from the Shivwits Indian Reservation to the Santa Clara City limits and accepting assignment of the Class B and C Road Funds appropriated by the State of Utah for that same portion
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member McDonald AYE Council Member Roberts AYE Council Member Densley AYE Council Member Mendenhall ABSENT
Roll call vote. All Council Members that were present voted in favor. One Council Member was absent.
B. Discuss and consider approval of Resolution No. 2014-15R, a Resolution of Ivins City, Utah, amending the Consolidated Fee Schedule 2014-15 R Consolidated Fee Schedule AmendmentDale Coulam stated Chuck and Kevin discussed the charge for doing Storm Water Pollution Prevention Plan (SWPPP) inspections that are required under the EPA laws as well as our own ordinance. This is not in the fee schedule and the Building Department would be the ones to do these inspections, so we would like to add to the Consolidated Fee Schedule a $75.00 fee to cover the costs of those inspections as a one time fee at time of Building Permit. Council Member Roberts inquired if the inspection on properties can be done in the same trip. Kevin Rudd stated it still takes more time. Contractors submit a construction permit and `SWPPP application and with the increased time the fee should cover it. Mayor Hart inquired in the case of a flooding event if areas become in violation of the SWPPP permit that you have to go out and inspect and verify cleanup has been taken care of. Kevin Rudd stated yes. Chuck is still involved in it, he goes out monthly looking at the projects going on. Council Member Roberts inquired if Chuck also does an inspection and drive through and should we be adding an additional fee. Mayor Hart also inquired if the $40.00 fee would disappear in favor of this. Dale Coulam stated no. There are different Public Works projects for which the $40.00 inspection fee would apply. Mayor Hart inquired if it's an either or charge. Dale Coulam stated that if Council didn't pass the one time charge of $75.00 for SWPPP inspections, then the City would apply the $40.00 per inspection, but thinks this is more affordable for the developer. Council Member Roberts wanted to know where Ivins stands with other cities regarding inspection fees and impact fees. Kevin Rudd stated that we are a little higher than the surrounding communities, but other cities charge a Power Impact Fee that Ivins does not charge because Rocky Mountain Power is our power company. Mayor Hart stated the fees are comparable to other cities as he has built in other cities. Council Member Densley inquired if the fee based on the square footage for single family dwelling or is it every permit that has to file a SWPPP. Kevin Rudd stated it is required on every project as to how they are going to contain their property - so it is on every building permit. Council Member Densley asked what Kevin inspected. Kevin Rudd stated contractors submit their plan, which becomes part of the permit file. He makes sure at the beginning that they have the side berm, rock sock, clean out pit, and then makes sure contractors stay in compliance throughout construction. Dale Coulam commented that with permit and licensing fees, those are not designed to make a profit but to cover the actual costs incurred by the City. Mayor Hart stated he doesn't have a problem with it. Council Member Roberts stated if it's not a necessity then don't add the fee, but if necessary then yes. Council Member McDonald stated if it is needed to cover cost then it makes sense. Mayor Hart asked if there is a process to go through to determine the cost. Dale Coulam stated that if the costs are not paid by inspection fees then they would be paid by taxpayers. Council Member McDonald inquired in other words instead of affecting the home being built, it affects everyone. Dale Coulam agreed. Council Memeber Densley stated that Ivins is high on impact fees for subdivisions and wants to keep costs down for the developer. Council Member Roberts inquired if Kevin is going to increase his budget or status quo. Dale Coulam stated he will hand out an amended budget and it will be cut because of lack of revenues. Building permit fees and inspection fees fell short of projected revenue and so we will be trimming department budgets to reflect more accurate projections of revenue. Council Member Elwell stated this goes back to when he was first involved in city government, there was a pervasive attitude that the public did not want to subsidize new growth; that when new growth came, they paid their own way. This is not the case if we pass this on to the citizens. This is insuring that the rest of the City does not subsidize that new development or home so it is an appropriate charge if it is designed to cover the actual cost. Mayor Hart inquired if the $40.00 inspection fee is used, is the other $35.00 for the application fee. Kevin Rudd stated the plan review, staff time and the amount of time the inspector has to go out for 3 different type of inspections. The $75.00 fee should cover this.
MOTION: Council Member McDonald moved to approve B. Discuss and consider approval of Resolution No. 2014-15R, a Resolution of Ivins City, Utah, amending the Consolidated Fee Schedule
SECOND: Council Member Elwell
VOTE: The motion carried.
Mayor Hart AYE Council Member Elwell AYE Council Member McDonald AYE Council Member Roberts NAY Council Member Densley NAY Council Member Mendenhall ABSENT
Roll call vote. Two Council Members voted in favor and two Council Members voted against. Mayor Hart voted in favor and the Resolution passed.
A. Approval of City Council Meeting Minutes for September 4, 2014
MOTION: Council Member McDonald 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 Roberts AYE Council Member Densley AYE Council Member Mendenhall ABSENT
| 7) | CONSENT AGENDA ITEMS FOR DISCUSSION |
| 8) | REPORTS |
A. Council Council Member Densley meeting to go over the letter for Snow Canyon State Park.
Council Member Roberts stated Heritage Days Committee members let him know that during the Mayor's walk, the sidewalk will be full of sand and didn't know if the City can clean that off. In addition, 600 West was planned to be used for the bus tour but may not be passable due to the rain. He wanted to know if that would be bladed before Saturday. Dale Coulam stated he would have to see what could be done. Council Member Roberts also updated the Council on the Mosquito Abatement Board meeting and that the West Nile Virus was present in Washington County but no human cases at this point. There are 18 of 20 mosquito species living in Washington County and 2 are West Nile carriers. There is a new product testing called Micromix which contains 45 different bacteria that cleans water and used in Saudi Arabian areas with oil residue and found out that it got rid of the mosquitoes too and are testing it.
Council Member McDonald no report.
Council Member Elwell no report.
B. Mayor Mayor Hart reported that a lot of work has been put into Heritage Days such as the Mayor's walk and ribbon cutting for the Solar Project. He has been the Chairman for the Board of Directors for the Community Education Channel and there are significant changes involving the use of student body and new equipment. We have the opportunity to have the Community Education Channel come for Heritage Days. Mayor Hart hopes to resume the monthly Mayor's forum program. He wants to look at the capacity to link into our own website so local content in those programs will be available. They are on Baja 22 and Southern UT live.
C. City Manager/Attorney Dale Coulam The auditors are finishing up the audit for last fiscal year. Wally has been working on an amended budget and passed copies out to the Council Members. Wally Ritchie reported that the auditors pointed out that the state auditor made a change last year that no longer allows transfers between enterprise funds to the general fund to cover administrative costs. We now have to allocate those costs out during the year, so will see line items changes: for example, Administrative, Legal and HR dropped significantly because expenses are pushed out to the enterprise funds. There has been a general reallocation of wages and benefits, which now include overtime. Everything was done with consultation with the Department Heads so there are no surprises. Overall, the combined City budget is being reduced. Council Member Densley inquired if we need the 25% in savings, can we tap into that? Wally Ritchie stated if push comes to shove, yes. State code mandates the most you can have is 25% and minimum is 5%; we are currently at 19%. Dale Coulam stated Wally will give a more detailed presentation explaining the amended budget to introduce it prior to the Public Hearing on October 2, 2014.
D. Items to be placed on future agendas Council Member Roberts during the audit on fraud procedures, inquired if there's specific procedures outlined or if there needs to be one adopted. Dale Coulam stated he will soon be forwarding a policy on credit card fraud. We do have dual control, meaning two people will always be looking at what is happening in both the accounting side and treasury side. We will continue to bring forward policies and procedures.
| 9) | CLOSED MEETING |
| 10) | ADJOURNMENT |
MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
Council Member Elwell AYE Council Member McDonald AYE Council Member Roberts AYE Council Member Densley AYE Council Member Mendenhall ABSENT
The meeting adjourned at 7:42 p.m.
Respectfully,
Kari D. Jimenez, MMC
Ivins City Recorder