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
March 5, 2015

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, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, Director of Finance Wally Ritchie, and Fire Chief Randy Hancey.
EXCUSED: None.

Audience: Larry and Pam Cover, Dave and Annelies Robison, Lynn and Sherrie Jorgensen, Kathy and Bill Herrmann, Roger Hamblin, Leslie Robison, Val Walton, Craig Flowers, Claudette Larsen, Troy Ence, Jenny Johnson, Karin Lewis, Brandee Walker, Steve Marshall, Jeff Fisher, Robert Ence, Lance Anderson, Mark Howard, Glen Andersen, Ashton Andersen and others who did not sign in.

Mayor Hart acknowledged there was a Quorum present and indicated Council Member Densley may be in attendance later.

Council Member Roberts led the Flag Salute

Council Member Roberts gave the Invocation

Council Member Roberts referred to agenda item 4)F and disclosed that he has clients that are subcontractors to a potential buyer of the property in question and his father-in-law owns property adjacent to the property identified in agenda item 4)F. Mayor Hart disclosed that he comes from the development world. There were no other disclosures or conflicts of interest with items on this meeting's agenda.

Randy Hancey referred to the report that Bob Flowers provided to the City Council electronically. A copy of the report is available by request through Ivins City Hall. He reported that they are gearing up for the wildland fire season and preparing for the annual physical fitness test. They hired three (3) Paramedics and eight (8) EMT part-time employees which gives the City a total of 16 Paramedics and EMT's for coverage on the ambulance. Council Member Elwell referred to the structure fire on 580 South and 200 East and inquired how long it will take for the Fire Marshal to complete the investigation. Randy Hancey indicated that it generally takes 5-10 days depending on the circumstances but that he will request the report.

Chairperson Jeff Loris reported that the Planning Commission held two (2) Public Hearings regarding a General Plan Amendment to the Land Use Plan from Neighborhood Commercial to Medium Density Residential and a proposed amendment to the Class V Conditional Use Permit for Tuacahn Center for the Arts. The Planning Commission made recommendations for approval and forwarded the items to the City Council for Public Hearings. The Planning Commission also discussed updating the General Plan and the Historic Township Overlay District.

Council Member Densley arrived at 5:35 p.m. He had no disclosures or conflicts of interest with items on this meeting's agenda.

3)	CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS

Dale Coulam stated that over the years there have been challenges of appointing individuals to various boards. The Planning Commission discussed this and felt that a five (5) year term was daunting and that the terms should be changed to three (3) years with a maximum of three (3) consecutive terms. If the change is adopted, this will come back to the City Council in the form of a Resolution. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.

Council Member Mendenhall indicated she served on the Planning Commission for six (6) years and felt that a term of three (3) years was too short. She recommended the term be changed to four (4) years. Council Member Elwell agreed with Council Member Mendenhall and recommended the appointed term be four (4) years. Council Member McDonald stated that the individuals who serve have a lot of experience in various areas and he does not see a problem with the terms being changed to three (3) years. Additionally, the Planning Commission members voted for that change, although he was not opposed to a four (4) year term. Council Member Roberts was okay with the three (3) year term but was not opposed to a four (4) year term. Mayor Hart agreed with Council Member Mendenhall. Council Member Densley stated he likes the three (3) year term because an individual can be re-appointed.

MOTION: Council Member Elwell moved to set four years as the term for Planning Commission and Sensitive Lands Committee members
SECOND: Council Member Mendenhall

VOTE: The motion carried.

Roll call vote. Four (4) Council Members voted in favor and one (1) Council Member voted in opposition.

Kevin Rudd indicated this is a conventional subdivision that is zoned RE-12.5 and there are thirteen (13) lots on five (5) acres. The subdivision conforms with the zoning requirements. The subdivision will drain to the southeast corner where there will be a detention basin that overflows into an existing storm drain and then into the Red Mountain Estates storm drain system. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.

Council Member Elwell stated the plan is straight forward and consistent. Council Member Roberts referred to possible above-ground drainage and inquired if the adjacent property owner has agreed to that and if not, if that needs to occur before this can be approved. Kevin Rudd indicated that the City Engineer is trying to contact the adjacent property owner who is one of the original developers. Dale Coulam clarified that since this involves negotiations between two private parties, the City cannot require the above-ground drainage. The properties above the homes also added to the drainage problem since they are not built yet and the property is laid out for walk-out basements. There are pipes standing up above the drainage level. In between the heavy rain storms, someone cut one of the pipes down so that it would function as a drain which seemed to help. The City Engineer is also working with the owners and developers of Red Mountain Estates to request all of those pipes be cut down before the homes are built, but that process also should not hold up this subdivision approval.

MOTION: Council Member Densley moved to approve the Preliminary Plan for the Crimson Canyon Subdivision, located at 250 East 300 North
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Kevin Rudd stated the Land Use Plan shows this parcel as Medium Density Residential. There are three (3) zones that qualify for Medium Density: R-1-7.5 (Single Family Residential minimum lot size 7,500 sq. ft.), R-1-10 (Single Family Residential minimum lot size 10,000 sq. ft. and RE-12.5 (Residential Estates minimum lot size 12,500 sq. ft.). The subdivision to the south is Tenaya Sands which is zoned RE-15 (Residential Estates minimum lot size 12,500 sq. ft. with an SEO (Subdivision Enhancement Overlay) and the lot sizes vary from 10,005 sq. ft. to 16,167 sq. ft. The subdivisions to the East are Tenaya Estates which is zoned RE-15.0 (Residential Estates minimum lot size 15,000 sq. ft.), Red Stone Estates and Quail Cove which are both zoned R-1-10 (Single Family Residential minimum lot size 10,000 sq. ft.). Mayor Hart opened the Public Hearing.
Lesley Robison resides at 441 West Tenaya Drive and indicated she has withstood a lot of construction with a big house in front of her and the subdivision being built behind her, a huge retention pond and now the current property across the street is going to bring more construction. She doesn't like living in a construction area. They used to reside in Nevada where they are good at planning because they have high and low density areas. The high density areas are the better places to live in and the low density areas are where there's crime and drugs and people piled on top of each other. She doesn't understand the rules around the area where she lives because she had to build a house that was a certain size and she wasn't allowed to build it two stories up and yet in Quail Cove, they're building all of these cookie cutter houses that are two stories. They moved where they are to live in a nice area but maybe that's not possible. Mayor Hart indicated that it's possible and she does live in a nice area. Robert Ence indicated he represents one of the families that owns the property to the north of the proposed zone change. He resides in Heritage Estates and Ence Homes put in Desert Rose just north of Heritage Estates and that development is great. He wouldn't be opposed to changing the zone to R-1-10. Roger Hamblin resides at 495 West Tenaya Drive. He requested that the City Council listen to the Planning Commission's recommendation and not change the zone to anything lower than the 12,500 sq. ft. He would like to keep the zoning at R-15 and was concerned with decreased property values but 12,500 sq. ft. would be a compromise. Mark Howard resides at 68 South 285 West in the Suncrest West Ence Development. The zoning for that development is R-1-10. He has no financial interest in this agenda item but stated that smaller lots are more affordable than larger lots and helps younger people move into Ivins. He indicated that Suncrest West is a nice development. Eli Milne resides at 160 N. Tenaya Court and owns lot 18 in Tenaya Sands. They purchased their lot based on Val Walton's son's representation to them that the lots behind them were going to stay at 15,000 sq. ft. and everyone on that street bought their lots for the same reason. He was opposed to reducing the lot sizes to 10,000 sq. ft. and if there has to be a change, he would rather see the lots at 12,500 sq. ft. He stated that he lives in an Ence Home in Amber Estates and that they're a piece of junk. Mayor Hart stopped Mr. Milne, indicating that is not what the public hearing was about. Eli Milne stated he felt he was being taken advantage of, the neighbors oppose the zone change and he opposes it too. Lynn Jorgensen resides at 485 West Tenaya Drive and was concerned with high pitched roofs and depreciated property values. He does not want the zone changed from lot sizes of 15,000 sq. ft. and especially not to 10,000 sq. ft. Council Member McDonald disclosed that many of the people in attendance are in his church boundary and where he serves. Val Walton is the owner of this piece of land and stated he has owned the property for almost ten (10) years. He has had property for sale many times and originally requested to develop ten (10) lots but because of economics, he has not developed it. He was approached by Ence Homes about developing the property and that is where they are in the process at this point. They penciled out six (6) lots on the five (5) acres as well as ten (10) lots on the five (5) acres but neither penciled out. The fourteen (14) lots that he's requesting will mirror other developments in the area. Dave Robison resides at 441 W. Tenaya and would like to see the lots stay at 15,000 sq. ft. but if that is not an option, he requested that the lots not be any less than 12,500 sq. ft. Larry Cover resides at 465 West Tenaya Drive recapped the Planning Commission meeting where the homeowners requested that minimal lot sizes remain at 15,000 sq. ft. instead of the request for 10,000 sq. ft. It was explained to them at the 15,000 sq. ft. was not an option and requested that the City Council honor the Planning Commissions recommendation of 12,500 sq. ft. He referred to the neighborhood notice letter and stated it did not mention anything about density and indicated that needs to be corrected. Philip Long resides at 468 West Tenaya Drive and commented that the letter he received regarding the zone change indicated a change from 15,000 sq. ft. to 12,500 sq. ft. and did not say anything about 10,000 sq. ft. lots. He would like to keep the lot sizes at 15,000 sq. ft. or at a minimum, 12,500. Brandee Walker represented the Engineering firm of Bush and Gudgell and clarified that the developers are already making a concession with 10,000 sq. ft. lots because they could have applied for 7,500 sq. ft. lots. They have researched the lot size average in Tenaya Sands and approximately half of the lots in Tenaya Sands would fit in the R-1-10 zone. They designed Red Stone Estates directly abuts an RE-15 zone to the south and the City approved a zone change to R-1-10 for that subdivision. The current property is bordered by 400 West that they would be required to improve as well as 200 North. They are also working to mitigate the drainage issues that currently exist on the property and by developing the property, this development will address that. The owner and developer have applied for a zone change to R-1-10 and that is what they are hoping for. Bill Herrmann resides at 126 North Brokenstone Trail and indicated that when he invested, he was promised that the lots would stay big. He was concerned with depreciated property values with smaller lots and didn't think it was right just so Ence Homes could make more money. Tracy Ence with Ence Homes stated he felt what had been expressed by Tenaya Sands homeowners was "crap" and defended their product. He stated they looked at the City map, found a piece of ground that fits and now are trying to develop that ground to build homes. Directly across the street from this parcel is a piece of property that is identical to this piece of ground and it is zoned R-1-10 and backs up to Tenaya Estates, which are bigger lots than Tenaya Sands. Ence Homes is not trying to ruin anybody's investment or reduce the value of their property. They are trying to develop a piece of ground in exactly the way the City has the map set. They could have requested a zone change to R-1-7.5 but they split the difference. There's a trail system on two (2) sides of the property and a retention pond that takes up a large piece of property on a five (5) acre parcel. They would like to develop and build an R-1-10 subdivision on this property. That size of lot is not a small lot. It's an average size lot in almost every residential neighborhood in Washington County. Kristine Hamblin resides at 495 West Tenaya Drive. She expressed resentment to Tracy Ence saying that comments were crap because when they bought in that area, their views weren't crap then. They have invested and have a right to have that property be a nice place to live, associate with neighbors and be a part of the community. Troy Ence with Ence Homes indicated that Ence Homes is compromising with the zone change. Red Stone Estates subdivision across the street was approved for the same zoning and the proposed Ence subdivision will mirror the Red Stone Estates subdivision. Lynn Jorgensen stated he isn't against development and is looking forward to the property being developed but hoped that it will be developed with some continuity and consistency.
There being no other comments, Mayor Hart closed the Public Hearing.

The Mayor and City Council heard and considered public comment on the issue, as well as the Planning Commission's recommendation. After discussion, the Mayor and majority of the City Council agreed that the R-1-10 zoning district originally applied for was compatible with the area because the properties on the northeast and southeast corners of 200 North and 400 West were zoned R-1-10, the property owner of the agricultural property directly to the north agreed with the R-1-10 zoning and the majority of the lots in the Tenaya Sands subdivision are smaller than RE-12.5 and would be compatible with R-1-10 zoning.

MOTION: Council Member Densley moved to approve Ordinance No. 2015-03, an Ordinance of Ivins City, Utah, regarding a Zone Change from RE-15 (Residential Estates - minimum lot size 15,000 sq. ft.) to R-1-10 (minimum lot size 10,000 sq. ft.) as amended
SECOND: Council Member Roberts

VOTE: The motion carried.

Roll call vote. Four (4) Council Members voted in favor and one (1) Council Member voted in opposition.

After the vote, the following comments were made: Larry Cover "Once again, big business..." Mayor Hart "Please, you're out of, you're out of order here please" Larry Cover "I don't give a crap, as Ence said. Once again you have not done what the home owners wanted. You're a bunch of crap." Mayor Hart "We are now going to move to item 5)A.

Dale Coulam indicated that the original agreement the City entered into was for five (5) years and the event has been changed to a half Ironman event and needs to be extended for another five (5) years. Council Member Elwell recalled when the City originally entered into this agreement, the course came through Ivins and the City set up bleachers, there were displays and vendors and it seemed reasonable to enter into this agreement because the City directly benefited from the event. He's not against the renewal but pointed out that the circumstances are not the same today as it was when the City entered into the original agreement. Dale Coulam clarified that going to a half Ironman caused changes in the route but the event still draws in the numbers and economically benefits the county and State as a whole. The competitors are in Washington County two to three (2-3) weeks in advance to acclimate and that benefits the County. Mayor Hart stated that the exposure the event gives Ivins City is significant. Council Member Roberts paragraph (c) in Section 3 regarding Venue and inquired if Ivins City would be responsible for Ivins City only. Dale Coulam clarified it would be for Ivins City only. Kevin Lewis with the St. George Tourism Office indicated they are obtaining Interlocal Cooperation Agreements with each of the Cities in the County, as well as the State Parks. He clarified that a venue means the venue within Ivins jurisdiction and is required for the route to go through the City.

MOTION: Council Member Mendenhall moved to approve the Interlocal Agreement to provide support to Washington County in hosting the Ironman 70.3 St. George Competition
SECOND: Council Member Roberts

VOTE: The motion carried unanimously.

Dale Coulam stated this is the first draft following the City Council's discussion regarding how the RAP tax would be distributed and outlines a 1/3 general distribution with an option to vary that in any given year. He would like direction on whether or not the Council likes that option. There has also been a discussion that has come from the County Attorney's Office whether Ivins must establish a separate seven (7) member Advisory Panel concerning distribution of Ivins' portion of RAP tax. State Statute is not explicit in defining that. The seven (7) member Advisory Panel is required for the County because it is a County RAP tax. The County Attorneys Office is concerned that if challenged, if the City did not have a process that mirrored the requirement of the County to have a seven (7) member Advisory Panel, the City may be subject to legal challenge. Council Member Mendenhall indicated she was going to inquire about the Advisory Panel because of her service at the State level. She believes that an Advisory Panel would be a good thing. Dale Coulam inquired what their preference is for the flexibility option. Council Member Mendenhall was not a fan of the flexibility option and would like to keep the distribution equally at 1/3rd. Council Member Roberts likes the option. The Mayor and City Council decided to table this item until there is clarification on the requirement of a seven (7) member Advisory Panel.

MOTION: Council Member McDonald moved to table item 5)B
SECOND: Council Member Mendenhall

VOTE: The motion carried unanimously.

Dale Coulam stated that Mayor and staff recently met with the developer of the Family Dollar Store. He explained that the Family Dollar Store leases the store and the developer is responsible for all of the improvements and costs, which is why the budget for the developer is so critical. The City has negotiated a resolution of a couple of issues that were in dispute 1) the amount to be paid for Transportation Impact Fees; and 2) the requirement for on-site detention and downstream improvements. With the agreement in place, the City will receive a fair impact fee and will have 400 South improvements along the Family Dollar property tying into improvements to the east, as well as curb, gutter, paving and sidewalk on 200 East all the way down to where they tie into existing improvements at Lightfoot's. They will also put in a raised hump in 500 South to keep storm water from getting into that subdivision. There is a mutual release clause and the document has been drafted as a Settlement Agreement.

MOTION: Council Member Elwell moved to approve the Settlement Agreement with T&N Properties, LLC regarding the Family Dollar Store
SECOND: Council Member Mendenhall

VOTE: The motion carried unanimously.

Wally Ritchie provided a budget priorities sheet to the Mayor and City Council. A copy is available by request through Ivins City Hall. He indicated that the original budget for Desert Rose Park was $760,000, which was all outsourced. If the City uses staff, the budget for that can be reduced down to $550,000 and that can be split in two budget years. Regarding the Center Street wall, the City does not have the easements yet and engineering needs to occur as well because of retaining. The Red Rock Park detention basin should be built by the end of this fiscal year and then landscaped. There is no design for amenities but after it's filled the City will work with the residents to see what would be the best fit in that park and split the cost over two (2) fiscal years. Regarding the proposal to make a part-time Animal Control employee full-time, Bob Flowers determined that 53% of the animals are being attended to are by Police Officers so Santa Clara is paying their fair share. Therefore, the proposal to bring an employee from part-time to full-time has been withdrawn and will be re-evaluated at the end of next year. Council Member Densley inquired if improvements for the roundabout on Snow Canyon Parkway/Tuacahn Drive/Center Street is in the budget. Wally Ritchie clarified that it is in this year's budget. He indicated that over the next two (2) weeks the Department Heads will provide their operating budgets to him and he will then present the budget to the Council in April for discussion.

MOTION: Council Member Densley moved nominate Council Member McDonald
SECOND: Council Member Roberts

VOTE: The motion carried unanimously.

Roll call vote. All Council Members voted in favor.

MOTION: Council Member McDonald moved to approve the Consent Agenda
SECOND: Council Member Mendenhall

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Mendenhall - no report
Council Member Roberts - no report
Council Member McDonald reported that he attended a special meeting at the solid waste district and the consensus was for the opt out option for recycling. There were a few cities that would like recycling to be mandatory because it would save money by obtaining a lower rate. Ivins and Santa Clara are requesting that and it's being negotiated to see if that can occur. Council Member Roberts referred to some discussion regarding the recycling issue being a referendum on a ballot and inquired if that was going to occur. Council Member McDonald indicated there was one resident that brought that up but that the issue will go before each City Council several times before it occurs. He doubts it will happen for at least a year.
Council Member Elwell - no report

Mayor Hart reported that the Five County Association of Governments is responsible for prioritizing the use of right-of-way acquisition funds. Ivins applied to add one that was previously not on that list to acquire right-of-way through Kwavasa. The request to put it on the list was passed unanimously at the meeting and it will now go on the list. They are also looking at performing a study to determine the feasibility of a bus route from St. George to Zion National Park because Springdale is overwhelmed. He has had numerous conversations with Judith Kapuscinski with the Kayenta Arts Foundation regarding developing the Arts in Ivins and she had an idea about putting together an Arts Master Plan similar to Parks and Recreation, Storm Water and similar. He likes that idea and thinks Ivins has the potential to do something significant. With the consent of the Council, he would like that idea to be introduced to the Planning Commission to discuss adding that to the General Plan. Council Member Roberts agreed that the Arts are important but to designate Ivins as an actual Arts community he was not sure about. Mayor Hart clarified that it would be an aspect of the art community. Council Member Roberts was okay with that and the other Council Members agreed. Mayor Hart indicated he will explain that to the Planning Commission at one of their meetings.

9)	CLOSED MEETING

10)

ADJOURNMENT

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

VOTE: The motion carried unanimously.

The meeting adjourned at 8:25 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	NAY