All present included
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Dale Coulam,
Director of Finance Wally Ritchie,
Public Works Director Dave Glenn,
City Engineer Chuck Gillette,
and
Building and Zoning Administrator Kevin Rudd.
EXCUSED: None.
Audience: Jenny Johnson, Phillip Gubler, Becky & Chuck Warren, Lance Anderson and others who did not sign in.
Mayor Hart acknowledged there was a Quorum present.
Council Member Densley led the Flag Salute
Council Member Densley gave the Invocation
There were no disclosures or conflicts of interest with items on this meetings agenda.
Chuck Gillette reported that the City Council previously approved a Proclamation declaring the week of May 17th through May 23rd as National Public Works Week. He is a Board member of APWA (American Public Works Association) and they like to choose a school in the County and highlight some Public Works themes at that school. They chose Vista School in Ivins, coordinated activities and held an assembly. He provided the Mayor and City Council photos of the activities. Copies are available by request through Ivins City Hall. The President of APWA was present and thanked the Council for the City's participation.
Public Works Summary of Operations
Engineering Report
Ivins Bus Route Ridership tallies
5 Year Monthly Water Usage Comparison
Dave Glenn reported that the majority of staffs time was spent working on storm drain projects. The pumping station upgrade for the Taviawk pump is expected to be operational in the next couple of weeks. SunTran bus ridership continues to increase, although school just got out so the ridership could change. There is an average of 52 riders a day with Tuacahn accounting for 15% of that ridership. Mayor Hart inquired as to anticipated numbers. Dave Glenn clarified they're expected to increase over time and then there will be enough data after several years of operating to see what the average is.
Kevin Rudd provided a code enforcement report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He reported that Code Enforcement Officer Dennis Murphy does a great job working with people to achieve a win-win situation. Council Member Roberts inquired if there is a written policy that identifies the same principals. Dale Coulam clarified that it's difficult to write a specific policy for that; the City needs flexibility and judgment. Kevin Rudd stated that the general notion is to work with people and if the attitude isn't reciprocated, the City needs the flexibility to handle the situation, which is also why there's an Administrative Code Enforcement court process.
He reported that the City has issued ten (10) single family building permits in May. Construction of the Family Dollar Store is well underway. Individuals have voiced concerns about that being a metal building like their other stores. He assured them that wasn't the case because of Ivins' building requirements.
He reported that the Sentierre project is moving forward. The developers are talking about a ground breaking date and are spending a lot of time developing that project. He reported that an individual who owns land in Ivins spoke with him regarding a possible RV rental park. He suggested that the Council think about creating alternative ways that people can come and stay in Ivins. People are able to stay in Snow Canyon State Park but not in Ivins.
Wally Ritchie provided a monthly budget report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He reported that the City's revenues and expenditures are where they're supposed to be. Revenue from building permits is up and that has helped prepare for the end of the year and to stay within the current budget.
Chairperson Jeff Loris reported that the Planning Commission held two (2) Public Hearing's regarding proposed amendments to the Ivins City Code regarding the Historic Township Overlay District and proposed amendments to the Ivins City Code regarding Street Requirements/Cul-de-sac lengths. There were no public comments made at either Public Hearing and the Planning Commission made recommendations to forward to the City Council for Public Hearings. The Planning Commission also discussed the General Plan word for word and the majority of the leg work was done by Commissioner Mike Scott who did a good job.
| 8. |
Municipal Building Authority Fund |
Wally Ritchie stated this is the budget hearing for Fiscal Year Ending 2015 to complete the budget and for Fiscal Year Ending 2016. He provided a PowerPoint presentation to the Mayor and City Council. A copy of the presentation is available by request through Ivins City Hall. The budget projects conservative revenue growth, there are no tax or fee increases, the City is maintaining service levels and replacing equipment where needed, impact fee facilities plans and studies are being done, the City is meeting its debt service obligations and the budget and balanced. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Mayor Hart indicated the Council has discussed the budget for several months now. Council Member Densley stated the information and explanations are very easy to understand and he appreciated that. Wally Ritchie indicated he wanted to make the budget transparent and understandable. Council Member Roberts stated his comments were similar to Council Member Densleys and commended the Director of Finance and the City Manager for keeping the budget conservative and not increasing property taxes. Mayor Hart inquired if the budget will be adopted at the next City Council meeting. Wally Ritchie clarified that it would. Mayor Hart requested an explanation of why funding for DXATC (Dixie Applied Technology Center) is not being discussed at this time. Dale Coulam indicated that he spoke with the County Attorney and Chief Deputy Civil County Attorney and Wally Ritchie spoke with the County Treasurer. The County was made aware of this at approximately the same time that the Mayors were made aware of it. It is very early in the process from both the finance side and the legal side. There has been no direction given by the County to legal or finance yet. Once that is given to them, they will research what options are there. He and the Director of Finance have looked at City Municipal bonding options and Ivins' situation and circumstances and they both do not feel that the City can bond for the project. It was mentioned in the presentation about the County bonding for the project and owning one of the buildings and that may be a possibility but that hasn't been formally considered. It's too early in the process to have a worthwhile discussion because there are no firm numbers or other items being discussed. The County will let Ivins know as they receive direction on how to proceed.
Application
2015-04 Short Term Rentals Ordinance
PC Minutes 2015-03-17
PC Minutes 2015-03-31
PC Minutes 2015-04-14
PC Minutes 2015-05-05
Table of Uses
Kevin Rudd stated this is proposed text amendments to Ivins Zoning Ordinance regarding short term rental projects. This was brought forward by a property owner in Ivins who owns property along the Highway 91 corridor. Short term rentals similar to this are allowed in Santa Clara, St. George and Hurricane and would restrict the development size to a minimum of five (5) acres. There would be a Development Agreement and would go through the Conditional Use Process. One of the critical factors would be the requirement for an on-site property manager or a property management company that is within 20 minutes of the project. Mayor Hart referred to the proposed required buffer and inquired if a six foot (6') wall and a buffer would be required. Kevin Rudd indicated "yes". Council Member Densley suggested that there be one (1) rental agency to handle everything including the rentals, maintenance and similar to avoid difficulties of contacting someone if there's a problem. Kevin Rudd agreed that there should be one (1) responsible party. Mayor Hart referred to an individual applying for short term rentals as a part of their development rather than the whole development being short term rentals and inquired if that would be done by designating lots because someone buying into the project should know which lots are going to be developed as short term rentals. He would like clarifying language that addresses that. Kevin Rudd stating that designating those by lot would be the best policy because it would be on the plat. Council Member Densley referred to collecting sales tax and inquired who handles that. Kevin Rudd indicated the Utah State Tax Commission. The City used to collect that but the laws changed and paid directly to the State of Utah. Wally Ritchie clarified that the City receives two (2) reports from the State of Utah regarding a lump sum for sales tax that is collected, as well as a report that identifies the addresses for owners who are paying the tax.
Council Member Mendenhall stated she is definitely against this based on the number of rooms that have been approved, or are in the process of being approved, for short term rentals and for the City has a whole. She was not completely opposed to the idea, but suggested that if they're going to do it, that it be done one step at a time and slowly to see if it works. She also suggested letting the current applicants receive a zone change because their property is located along the Highway 91 corridor. It makes sense for a project like this to be there logistically. She disagreed with allowing this City wide and indicated there is no data that there is a demand for this city wide.
Kevin Rudd indicated that the proposed project is currently not allowed but that the City could consider creating a zone in the Land Use Plan and amending the zoning map to establish a corridor or bubble for short term rentals and the RV Park could be covered under that same corridor or bubble. Council Member Mendenhall agreed and stated that would give the City an opportunity to see how it works and then see if the City would want to expand into other areas. Council Member Roberts understood what Council Member Mendenhall was saying but expressed concerns with limiting property owners rights to develop their land. Council Member Elwell indicated that Council Member Mendenhall and Council Member Roberts both had excellent points. He was concerned with what was before the City Council and wanted to proceed by going through the ordinance on an item by item basis. Mayor Hart clarified that the Council could proceed with considering the language in the ordinance paragraph by paragraph or send it back to the Planning Commission for them to consider a zone change that would allow a specific area in the City for short term rentals. He also referred to the proposed buffer requirements and stated that if the Land Use Plan was modified to allow short term rentals in a specific area, some of those buffering requirements would not be necessary. He has spoken with the applicants as well as have some of the Council Members regarding their proposed project. He inquired if the applicant could request to change the zone. Dale Coulam clarified that's an option and did not think the applicants were requesting to make the changes apply to the whole city. Council Member Roberts read the Planning Commission's minutes and inquired why they didn't suggest this option. Commissioner Lance Anderson stated they didn't think about that because the City already has a number of zones so they made the recommendation for a minimum parcel size of a five (5) acre minimum and the buffer requirements. Kevin Rudd clarified that the applicants are the developers and they submitted Santa Clara's ordinance with their application and proceeded in that direction. Mayor Hart referred to the five (5) acre minimum requirement and the five (5) acre property north of Tenaya Sands that recently came before the City Council for a zone change. If the proposed amendments for short term rentals were allowed city wide, that type of development could be allowed on that property and there would be an outcry from the neighbors in that neighborhood. He inquired if the Council believes this ought to be localized or general. Council Member McDonald was concerned with allowing it city wide and was in favor of a land use bubble. Council Member Roberts inquired if there was a current zone that could accommodate short term rentals. Kevin Rudd indicated there was not and that it made sense to create a short term rental zone. A change to the Land Use Plan and Zoning District would give the City more control over where this type of development would be allowed. The Mayor and City Council agreed this issue should go back to the Planning Commission for them to consider amending the Land Use Plan and Zoning Map to create a district for short term rental developments. Applicant Phillip Gubler inquired if this goes back to the Planning Commission and their property is zoned for short term rentals, if they would be able to sell the property to those who would also like to live in the development permanently. Mayor Hart stated "yes". Phillip Gubler clarified that he would like to develop by avoiding the feeling of a hotel and develop a project that looks like a regular subdivision. Council Member Densley suggested that contact be made with a City like Scottsdale, Arizona or Park City, Utah that has gone through this and see how those cities handled it.
Job Description - City Recorder
Job Description - Customer Service
Job Description - HR Generalist
Dale Coulam clarified that Wally Ritchie is now the Supervisor over the Administrative Services staff and the change in the job descriptions recognizes that. There are also additional changes to the Customer Service/Fleet Records Management and HR Generalist/Accounting Technician descriptions to incorporate additional duties that are performed under those job descriptions.
MOTION: Council Member McDonald moved to approve the updated Job Descriptions
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 |
2015-09R Resolution Appointing Deputy City Recorders
Dale Coulam indicated that when the City Recorder is out of town, the City could use others to back them up and that's the purpose of this Resolution.
MOTION: Council Member Roberts moved to approve C. Discuss and consider approval of Resolution No. 2015-09R, a Resolution of Ivins City, Utah, Appointing Sharon Allen and Andrea Byers as Deputy City Recorders
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.
Council Member Densley - no report
Council Member Roberts reported that he attended a Southwest Mosquito Abatement and Control District board meeting. Collections are up this year due to complaints where mosquitoes were found in the Middleton area. At this point there has not been any positive for the West Nile virus but that is normal for this time of year.
Council Member Mendenhall - no report
Council Member McDonald referred to the recycling issue and reported that will likely be postponed due to the timing of obtaining bids on commodities. Currently prices are so low that it will cost twice as much to recycle as it would be to bury it.
Mayor Hart commented that Council Member McDonald has done an outstanding job representing Ivins on the Washington County Solid Waste board.
Council Member Elwell - no report
Mayor Hart referred to the transportation funding bill and reported that there has been a lot of discussion of when that issue should come before the voters. All of the Mayors support that coming forward in this election for a number of reasons. This issue will be on a future agenda discuss and consider providing a Resolution to Washington County supporting it going on the ballot this fall. He reported that there will be a Memorial Day commemoration at the Veterans Home on Monday, May 25, 2015. Council Member Roberts indicated they will also be posting flags at the Ivins cemetery. Mayor Hart reported that the Eagle Monument ribbon cutting and dedication will take place on Friday, May 29, 2015 at 2:00 at the Veteran's home. He reported that Planning Commissioner Mike Scott has taken all of the information regarding an Arts Masterplan and has developed plan of action. One component of that plan is to create a steering committee with one (1) individual from the Planning Commission and one (1) from the City Council. He hopes that can be accomplished and passed by the end of the year.
Dale Coulam reported that the Shivwits Band granted Ivins City a temporary license to remove sand from a designated area on the reservation, to be placed at the Ivins Reservoir for the sandy beach areas. It's a 90 day license and is revocable. He referred to property north of the Chevron station where the City owns a small piece of land that connects to four (4) parcels. The City has been approached by individuals asking if the City would give that piece to them, if they installed driveways and paid for the survey as consideration for the property. If the City Council is okay with that proposal, the City would hold a Public Hearing to dispose of that property. Mayor Hart indicated that piece of property is commercial and is worth approximately $20,000. He suggested that the individuals pay for the pavement out to the front as well. Council Member McDonald agreed. Dale Coulam stated he will have negotiations with them before bringing that forward for a Public Hearing. He reported that Dave Glenn will be retiring July 15, 2015. The City has submitted job postings in professional magazines and other places and enough notice has been given that Dave will be part of the interview team and available to help train the new individual.
| D. |
Items to be placed on future agendas |