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
October 16, 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, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, and Building and Zoning Administrator Kevin Rudd.
EXCUSED: Council Member Densley

Audience: Richard Bryant, Dorothy Sigona, Sal Sigona, Ronald Buckley, Douglas Gan, Kathie Moore, Leon Moora, Sharon Dean Aspenberg, Mel & Renee Farnsworth, Carol Lubomudrov, Linda Callison, Linda & Al LeBrun, Allan Elkins, Lanelle McCollum, Cindy & Brent Smith, Susan & Rick Erickson, Mike & Sharon Hagan, Kathy Wood, Slava Lubomudrov, Allen Jacobi, Cletha Walstrand, C&J Lueders, Steve Wyman, Tom Pillar, Deanna Morales, Tim & Judy Terrell, Jody Haymond, Gary Paquin, John Reikes, Brad & Teresa Osburn, Ron Smith, Dave & Carol Hansen, Jonathan Upchurch, Nancy Kosick, Gwenn Davies, Dave Davies, Peter Wilks, Garry & Karan Roberts, Matt Marten, David Johnson, Bill Deaton, Kathy Deaton, Michael Kahn, Lorna Kahn, M. Smith, Joan Geritz, Jane Blackwell, Bruce Schroeder, Gwen Harrington, Tom & Sue Skudlarczyk, Clair Harpster, Dianne Bauman and others who did not sign in.

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

Council Member Elwell led the Flag Salute

Council Member Elwell gave the Invocation

Council Member Mendenhall disclosed that she is a resident of Kayenta. There were no other disclosures or conflicts of interest with items on this meetings agenda.

Mayor Hart stated that Dave Glenn and Chuck Gillette were excused but written reports were provided in their absence. Copies of the reports are available by request through Ivins City Hall.
Kevin Rudd reported that Ivins City is continuing to issue single family building permits at a rate that is approximately fifteen percent (15%) less than last year. He reported that there are additional subdivisions that are in the approval process. He provided a code enforcement report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. There were a total of 159 code enforcement cases with the majority being resolved through courtesy letters and contact to resolve the violations. Of those cases, there was one (1) case that went to the Administrative Code Enforcement court.

Commissioner Lance Anderson reported that the Planning Commission held a Public Hearing and recommended approval of a zone change from RE-20 (Residential Estates District - minimum lot size 20,000 sq. ft.) to RE-15 (Residential Estates - minimum lot size 15,000 sq. ft.) located on the south side of Highway 91 at approximately 600 West. A Public Hearing will be held at an upcoming City Council meeting and the City Council will consider the Planning Commission's recommendation on this zone change. The Planning Commission also reviewed and approved building designs on a Class IV Conditional Use Permit for a multi-family project for Park Place Town-homes located at 65 West Center.

3)	CITIZEN REQUESTS FOR FUTURE AGENDA ITEMS - NONE

Mayor Hart clarified that the application remains as originally requested for a General Plan Amendment to change the Land Use Plan from Low Density Residential to Commercial Resort for 7.67 acres, although the Planning Commission recommended approval of a modified amount of 4.2 acres. He indicated that the purpose of the Public Hearing was to provide information to the City Council for them to make a decision. He requested that anyone making a public comment should avoid duplicating too much of what has already been said at the Planning Commission Public Hearing. He stated that the City Council had listened to that Public Hearing as well as the discussions that followed and had read numerous emails and letters on this issue. Mayor Hart opened the Public Hearing.
The following individuals spoke and/or submitted letters in opposition to the General Plan Amendment to change the Land Use Plan from Low Density Residential to Commercial Resort: John Hawkins, Sharon Aspenberg, Dean Aspenberg, Melvin & Renee Farnsworth, Richard Bryant, Dave Hansen, David Johnson, Allen Jacobi, Roger Head, Mike Hagan, Garry Roberts, Cletha Walstrand, Robert Sears, Michael Kahn and Carol Hansen. These people expressed concerns with: putting 24/7 short term rentals in the middle of a high value low density residential area; detriment to the property owners whose property values will be negatively impacted; negative activity associated with vacation rentals and tenants; disruptive activity by tenants in a quiet neighborhood; tenants breaking Kayenta's regulations; infringement of property rights; betrayal of their expectation for quiet enjoyment of the area and to remain low density residential; no disclosure at the time they purchased their property; that the zoning of neighboring property could be changed; the uniqueness of Kayenta being ruined; economic pressure to expand in the same area if the project is successful; traffic; lighting; noise/sound; security; parking; streets are not wide enough for emergency vehicles; more growth brings more asphalt and water drainage/flooding issues; if the project fails, residents will be stuck with deteriorating buildings that will have to be sold off for other uses; there are already two (2) other resort commercial hotels that have been approved in Ivins and a third one is not needed; a motel isn't a community; the location of the project is in a flood plain/channel; the project is a good idea but in the wrong place; it would be better if built to the south and across the street from the art village and/or near the Ivins Reservoir; there is no guarantee that Terry Marten will be the developer in the future and continue to develop his vision; a land use change is a slippery slope that will allow other developers to develop the area into one continuous development that could include the lights of a Home Depot; and all of the concerns expressed can be controlled and preserved by not allowing the land use change.
The following individuals spoke and/or submitted letters in support of the General Plan Amendment to change the Land Use Plan from Low Density Residential to Commercial Resort: Brent Smith, Mr. and Mrs. Sam Brimley, Sue Skudlarczyk; Ron Smith, Cheryl Collins, Deanna Morales, Marybeth Beck and Ron Buckley. Marybeth Beck stated she supported the project with the caveat that the flooding be addressed. She thinks that curb, gutter and storm drains need to be in place in Kayenta. Ron Buckley originally submitted a letter in opposition to the project but, after speaking with the developer, supports the project and would like to rescind his letter in opposition. Those supporting the project indicated that the project would provide a place for people to stay and enjoy Kayenta; they would like a place for their extended family to stay that is near their homes in Kayenta; there has been a lot of over reaction and misinformation; the project is needed and would be an asset to the community; there is going to be growth and they would rather have Terry Marten develop the property than a large hotel chain; some of the residents have housed artists and others from around the world to help facilitate the fun events that have been held and the people who have stayed have respected the community; and the project would be a benefit to the residents and businesses.
Terry Marten stated that nobody likes change but the idea of betrayal that they're changing the concept is not true and he takes exception to that. Coyote Gulch was identified in 1978 as the center of the community and as commercial. The concept has been resort, with a theater, and you need what goes along with those facilities to support the incredible things that are currently happening with the Coyote Gulch area. The latest land plan created in 2005 more or less followed the same ideas and was expanded because of the recommendations made by the land planner that the City hired. The Kayenta area should be shared with people from other areas. He hopes that this concept spreads across the country. They are currently only building 15-20 lots per year. If he doesn't continue to develop his concept, someone else will develop their own concept. The residents are not going to stop change. Matt Marten indicated that his dad Terry speaks passionately about the community that he started 36 years ago and Matt has been working on it for 24 years. Practically 24/7 they eat and breathe the Kayenta community to keep the land and pay the taxes on the land that isn't developed. It's a big chore but they're committed to it. They are attached to the community and land and they don't want to see anything that would be detrimental to the community. It is hard for him to see the divisiveness in the community. The original reason they put the land use change into motion was to redirect traffic to keep the commercial and residential traffic separate. That's where the whole thing started. Without the land use change, the two traffic patterns will meet. There being no other comments, Mayor Hart closed the Public Hearing and thanked them for their remarks.

Council Member Mendenhall stated that what she is going to express is her personal opinion and appreciates what Lance Anderson, Matt Marten and Terry Marten have done through all of the years. Her comments do not relate personally to them. She referred to a YouTube video (entitled "Horrible Kayenta Flash Flood-September 9, 2014") depicting flash flooding in a portion of the area where this project is proposed. The flooding continued down to the art village as well as the tennis courts. She also provided photos of the flooding and a map of the area where the project is proposed. A copy of the map and photos are available by request through Ivins City Hall. Because of the number of emails that she received regarding this agenda item, she asked staff to indicate as well as they could, where on the map the flood plain is at this moment in time. There was a great deal of flooding with the recent large event and although the wash runs the length of the boundary, in the large event, a portion of the affected parcel was impacted. She was inundated by emails that were against the requested change. The City Council's decision should be for the highest and best use of the land. The Zoning Ordinance identifies the uses in the Resort Commercial zoning district, regardless of what has been said for this particular change. Her decision is based on things that would go along with a commercial development like the impact of increased night lighting, traffic, property values and the like. The recently approved Sentierre project is massive as well as the Encanto project. The majority of the existing homes will look down onto this project. She has concerns regarding storm water mitigation, septic sewer and feels that until it can be proven that there isn't a health and safety issue with that, the area should not be expanded. Regarding the proposed area originally being in the plan as commercial, she strongly believes that if the requested change to the Land Use Plan is approved, the request for the additional acreage will be forthcoming and that was not what the residents bought into. The fine tuned issues of the project will not be dealt with until the Conditional Use Permit process. She is firmly against the expansion of the commercial area.
Council Member Elwell indicated he looked at this issue differently, recognizing the environmental issues that are yet to be mitigated and if they can't be mitigated, the project may not happen. He was moved by what was said and he has great empathy for the situation. Prior to purchasing his home, the property behind his home was owned by one entity but was exchanged and another entity now owns it with the ability to develop it from what was originally planned. He has sat on the City Council for some time and has found that offerings can change. Ivins' General Plan is a living document designed to be acted upon with basic integrity and to look at each request for change. If the request is in harmony with the overall intent of the General Plan, the change could be approved. In this instance, there is a bubble that identifies a general area and does not fix specific boundaries. He believes it is in harmony with the development principles of the General Plan and Vision Dixie to improve traffic circulation, walk ability and helps to create a positive synergy for the whole. The Planning Commission recommended that the area be reduced to 4.2 acres and he is in agreement with the Planning Commission's recommendation. He clarified that the Planing Commission and City Council has not rubber stamped this project and their decisions are based on existing guidelines and constraint of law.
Council Member Roberts referred to the roadways and traffic and inquired why the commercial and residential streets would meet if the change to the land use does not occur. Dale Coulam clarified that because it's currently zoned residential, a connecting road is required. That could either be done with a through street or by cul-de-sacs that are less than 750' in length. Council Member Roberts inquired if there was any room in the current commercial area to build a motel or boutique on the south side in the future. Dale Coulam stated that the land use plan currently shows Resort Commercial on the south side that is not yet developed. Council Member Roberts stated he is a proponent of private property rights but that doesn't mean a property owner can do whatever they wants due to zoning or land use. He referred to the Vision Dixie principles and indicated those sound really good unless it's in your back yard. Looking at the Kayenta area, low density in his opinion does not provide effective walk ability because it's a large area. He looked at the commercial areas in the General Plan and they call for a buffer zone of medium density surrounding the commercial areas but this proposal doesn't and it doesn't make sense to him. Regarding Ivins City being a destination city, he still hasn't located that in the General Plan. At this point, he is leaning against the change. Council Member McDonald indicated he is not as educated on this as he'd like to be and would like Council Member Densley's input because he is a developer. He was inundated with a lot of information and he also is concerned about personal property rights. He noted that most of the home owners who are the closest to the proposed project seemed to be in favor of the project and specifically the ones who border the project. At this point, he has not made a decision and requested more time and inquired as to Mayor Hart's opinion because he is a developer. Mayor Hart stated the objections to him centered in three (3) different areas. Some of it is territorial and he totally understands that. If he purchased something years ago with certain expectations and that changes and it impacts him, that is a troubling thing. Some of the other objections, like Council Member Mendehnall brought up, are technical, engineering related and she acknowledged that this discussion doesn't center on that. Anything that would be built there would require all of the studies and engineering work to be done. Nothing would be built in the event that those studies indicated that it would fail. The third, he probably has more concern with, which is, it's our nature to think the worst and maybe exaggerate things to try and explain what could happen. At some point in time you have to look at what would likely happen and given the history of Kayenta he thinks would likely happen, is not the most extreme ideas that were communicated to him, particularly by email. He looks at Entrada, the Inn at Entrada, which is right across the street from one of their pocketed developments. He sees this project as being similar to the Inn at Entrada, which is a boutique type of clustered individual residential units. They're not talking about a Motel 6 with minivans pulling off the freeway full of screaming kids, which is not representative of the people who are going to go to Kayenta. They are people like one of the residents said that appreciate what Kayenta is. It's a unique environment and many of the residents expressed that they purchased after years of coming out and renting and the like. He believes this is an important thing for the City to make access for those who do not yet live here to come and spend time here because that's where the seed is sown and that's where the hook is set frankly. This is a special environment and when it comes to the overall benefit to the City, which he believes the City Council is obligated to look at, the City has defined itself as a destination community. It's a destination for people to come and live and not just to visit. Because of the character and beauty of this City, which Ivins residents all love, Ivins' destiny is to be an exclusive type of destination resort area and that's being borne out now by developers who have seen that same vision and are coming, two of whom already have approval. Because Ivins has a couple on the way, he inquired if that means what's being proposed in Kayenta would fail - he doesn't think so. He thinks it simply enhances that image of the City. The problem now is, Ivins has a number of individuals who come out to visit Kayenta already. They come and they go through the galleries, they eat at Xetava Gardens and they cycle through. The problem is that their room tax is going to St. George City. One of the residents said that's not important to them, he respectfully disagrees with that. Ivins City, long term, has to develop a commercial base, otherwise all of the residents out there will have to pay more property tax to support what the City has to do to provide services. Somebody talked about a Home Depot - never going to happen in Ivins. But, to bring people out to visit, to have them spend their money in Ivins, to stay over night in Ivins, to go to restaurants in Ivins, to recreate in Ivins, is what Ivins has to offer and it must offer it in such a significant way that some pretty heavy hitters have all of a sudden noticed Ivins City. In his opinion, in this deliberation, they need to look at what is going to be best for the City. He doesn't think that the impact of a low slung, down lit, 30 or 32 unit resort would negatively impact property values. The project is something that he thinks is going to have limited impact, even on the most proximate properties and that's his own personal opinion. Council Member McDonald thanked Mayor Hart and indicated that he relies heavily on the Planning Commission members and if he had to vote that night, he would vote in favor of the project because of the Planning Commission's abilities and recommendation, although his preference would be to hear from Council Member Densley and study this further. The other City Council members agreed to continue the discussion to the next City Council meeting when Council Member Densley will be present.

MOTION: Council Member Mendenhall moved to continue to the next City Council meeting, the discussion item 4)B
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Kevin Rudd reported that the Family Dollar Store is an 8,000 sq ft retail structure. The exterior will be stucco with cultured stone accents. The front and west facing side walls have been provided with wall variations and roof parapets as required by Ivins' Design Guidelines. The landscape, lighting and parking plans meet City Ordinances. The Zoning Ordinance requires a six foot (6') colored masonry fence when commercial properties abut residential zoning. The property has some abutting residences on the east side which have chain link and wood fencing. Those will be replaced by the applicant with a masonry wall. There are other existing masonry fences on the east and south which the applicant may negotiate to modify the existing fence or replace as specified in the List of Conditions. Council Member Elwell referred to ingress and egress on the northern end of the project and inquired if there was area to 200 east to accommodate traffic. Kevin Rudd indicated there was and clarified that the City Engineer had also reviewed it and agreed. Mayor Hart opened the Public Hearing. Brad and Teresa Osborne own the home on the third abutting lot to the east. They appreciated Family Dollar making the wall higher at that point and are delighted to have a store that cares about the neighborhood and a council that cares about their neighborhood. They indicated that Family Dollar has been great to work with and that the owner next to them is ecstatic to be getting a block wall in place of their chain link fence. There being no other comments, Mayor Hart closed the Public Hearing.

Council Member Mendenhall inquired as to the lighting on the back of the building. Kevin Rudd stated the lighting would be down lighting set on a timer, as well as a minimal amount of security lighting. Mayor Hart thanked the developers and Family Dollar for recognizing Ivins' attempt through it's ordinances, to distinguish itself from other communities and make changes to the plan to comply with Ivins ordinances.
Dale Coulam referred to the off-site improvements to 200 East versus on-site detention. The current transportation impact fee study is being reviewed by an engineering consultant to determine the true impact. If the new impact fee is lower, the City could give the applicants the benefit of the new impact fee and give them that option. The Mayor and City Council agreed that would be fair.

MOTION: Council Member Roberts moved to approve a Class V Conditional Use Permit for a Retail Store (Family Dollar Store) located on the southeast corner of 400 South and 200 East with the conditions outlined on the impact fees, specifically to allow a new transportation fee if it's lower than the current transportation fee
SECOND: Council Member Elwell

VOTE: The motion carried unanimously.

5)	DISCUSSION AND POTENTIAL ACTION ITEMS - NONE

MOTION: Council Member Mendenhall moved to approve Consent Agenda items A, B and C
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member McDonald - no report
Council Member Elwell provided information for the Southern Utah Veteran's home regarding an annual Veteran's Day Fun Run Walk and Roll on November 8, 2014. The AFJROTC will be in uniform to assist those in wheel chairs. The event will also serve as a fundraiser for the AFJROTC program if there are any profits made from the event.
Council Member Mendenhall - no report
Council Member Roberts - no report

Mayor Hart reported on a DTEC (Dixie Transportation Executive Council) meeting primarily involving Five County Association of Government taking on a project to conduct a regional study and transportation plan regarding cycling and walkability. He participated in the Veteran's Home's ceremony honoring the Korean War Veterans who lived in this area and signed a proclamation declaring that day the Korean Veterans Day.

Dale Coulam reported that the breach in the detention basin at the Veteran's Home would be repaired next week; the connection of the Palisades drainage pipe directly into the dike drainage pipe would also be completed next week; health insurance renewal for the City will stay with Altius who originally came back with a 25% increase but will allow us to renew the existing plan with a 14%-15% increase; with some of the extra budgeted health care funds he would like to provide Teladoc services to all non seasonal employees, including part-time EMS and fire volunteers, which is the ability to Skype or Facetime a Doctor 24/7 for common things and has a very high percentage of success and approval. With this service, a doctor can call in prescriptions anywhere in the US, except Idaho. The Council agreed.

9)	CLOSED MEETING

10)

ADJOURNMENT

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

VOTE: The motion carried unanimously.

Adjourned at 8:50 p.m.

The meeting adjourned at 8:50 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder

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