The meeting was called to order at
05:30 p.m. All present included
Chairman Jeffrey Loris,
Commissioner Bryan Pack,
Commissioner Lance Anderson,
Commissioner Adel Murphy,
and Commissioner Mike Scott.
Audience: Ken Miller, Claudette Larsen, Lisa Rutherford.
Kevin Rudd indicated that the location is at 400 S. and 400 W. Phase 1 is completed and they are about ready to start issuing building permits. This final plat is consistent with the Preliminary Plan and TRC has reviewed it and this is being brought forward with recommendation for approval.
MOTION: Commissioner Adel Murphy moved to approve a Final Plat for Cliffrose Phase 2 located approximately 400 South and 400 West
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
| Chairman Jeffrey Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Mike Scott |
AYE |
Dale Coulam indicated that when people are asked to serve five-year terms it can seem daunting. St. George, Hurricane and Cedar use a four-year term; Washington City, West Jordan and Santaquin have a three-year term. He asked what the Planning Commission's recommendation would be. Commissioner Anderson is good either way. Commissioner Scott stated that if they can still serve two terms he likes the idea. The Planning Commission issues are complicated and the longer they serve, the more knowledgeable they become. He thinks two terms would be good. He would be inclined to do three year terms if it was renewable. Commissioner Pack stated that the Planning Commission could serve three 3-year terms. Commissioner Anderson stated that three 3-year terms is good. Commissioner Murphy stated that there are a lot of things to digest. If you make a term too short it is disjointed and they won't have enough experience. Dale Coulam stated that Sensitive Lands is also affected by this. The Mayor has gone to appointing people in professional fields and by ordinance they are required to do so on the Sensitive Lands Committee. They may be losing opportunities by having longer terms where people feel like they are locked in forever. Commissioner Scott likes three 3-year terms. Lisa Rutherford, Chair of Sensitive Lands Committee, stated that it makes sense to do 3 years for three terms. They still have an unfilled spot that has been empty for over a year. It is difficult to do even for three years. There are not too many issues that the Sensitive Lands Committee is currently facing, but there are a few on the horizon. She thinks that giving people the option of getting out or staying on is good. Dale Coulam stated that he will draft an amendment for three 3-year terms and plan on a Public Hearing January 13th to then pass on to the City Council. He stated that right now they can only appoint one per year and since the terms were staggered the new language would also need to say two terms expire per year because of the shorter terms.
Dale Coulam provided training on the following:
Exactions - An exaction is a contribution of property (land, improvements, money or impact fees) required as a condition of development approval. It may be a type of “taking” prohibited by the Constitution-property can’t be taken without giving just compensation-if done improperly. He discussed the Nolan Dolan Test (2 supreme court cases). There must be an essential link to a legitimate public interest and there must be rough proportionality between the cost of the exaction and the cost of the impact. A new development can and should be required to pay its fair share-anything above that may be considered an exaction. An exaction is determined only on new improvements at the time of approval based on the burden on the city services by the new development. There is a similar test for establishing Impact Fees. Each exaction must stand on its own in meeting this test.
Open Meetings Act - Any action taken must be done openly and all deliberation are to be conducted openly. By law the City is required to train on this annually. The word “meeting” is defined as the convening of a public body when a quorum is present, including work meetings. If there is no quorum of the body, there is no meeting. The members may not discuss a public matter with a quorum present without it constituting a meeting. There is a social exception such as church, parties, etc, so long as public matters that should be discussed in an open meeting are not discussed in the social setting. When in doubt, the meetings should be open and be careful of any “pre-meeting” or “post-meeting” discussions about an agenda item when a quorum (3) is present. This violates the Act.
Rules of Conduct and Disclosures - Municipal Officers’ and Employees’ Ethics Act and Ivins Ordinance 2.06.501. The Planning Commission was provided with a Disclosure form to update annually and whenever there has been a change in circumstances. Dale Coulam indicated that they must also verbally disclose the nature of any conflict with an agenda item in the open meeting. Section 2.06.501 in the Ivins Code states “In the event a member is an applicant or presenter of an item that is before the public body for decision, the member should not participate as a member of the public body regarding that item, either in the discussion or voting concerning that item.
Chairman Loris referred to Page 2 Line 25 first word and asked that the minutes remove "sindicated" take the "s" out of the word indicated. There were no other changes.
MOTION: Commissioner Bryan Pack moved to approve the Ivins City Planning Commission minutes for December 2, 2014
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Chairman Jeffrey Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Mike Scott |
AYE |