All present included
Council Member Elwell,
Council Member McDonald,
Council Member Roberts,
and
Council Member Densley.
STAFF:
City Manager/Attorney Dale Coulam,
Parks and Recreation Director Benny Sorensen,
Public Safety Director Bob Flowers,
Director of Finance Wally Ritchie,
and
Deputy City Recorder Andrea Byers.
EXCUSED:
Council Member Mendenhall
Audience: Becky and Chuck Warren and others who did not sign in
Mayor Hart acknowledged there was a quorum present and that Council Member Mendenhall was excused.
Council Member Elwell led the Flag Salute
Council Member Elwell gave the Invocation
There were no disclosures or conflicts with items on this meeting's agenda.
Parks and Rec Report
Public Safety Report
Benny Sorensen provided a written report to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. He reported that baseball will be ending soon and registration for flag football will begin in the near future. Tennis lessons are going well and the star party held in May was well attended. They are working on the irrigation water system so it can be used to water the cemetery. A program was held at the cemetery on Memorial Day where Mayor Hart spoke and the names of Veterans buried in the Ivins cemetery were read. There are approximately 72 Veterans buried there, four (4) of which do not have headstones marking their graves. He is working on obtaining permanent headstones for those Veterans. The rock wall has gone up in the Docena roundabout and landscaping work will be starting in the next week or two, in preparation for the placement of the centerpiece.
Bob Flowers provided a written report to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He reported that Lieutenant Scott Bannon recently retired and the police department has offered a position for a new public safety officer. The Night Out with Public Safety went well and he thanked staff for their support. The Animal Shelter numbers look good. EMS is going well and the Fire Department is getting ready for the hot summer.
Chairperson Loris reported that the Planning Commission discussed creating a new Land Use Plan Designation and Zoning Districts for Short Term rentals and Recreational Vehicle Parks. By retaining the Land Use as it is and creating an overlay would allow a developer to use the overlay benefits of density bonuses, open areas and the like and at the same time would give the City control of where the short term and/or RV Park could be located. The Planning Commission determined that an overlay would be the best option rather than changing the Land Use. Council Member Roberts inquired what that would do to the other requirements for block walls and similar. Mayor Hart indicated that the overlay could eliminate those requirements. Dale Coulam clarified that there would be something designated on the Land Use Plan as Recreation Resort and the underlying zoning would establish the base density. The overlay could be applied to allow a higher density. The Planning Commission is going to hold a Public Hearing at the next Planning Commission meeting on the Land Use Plan and the Text Amendments to the General Plan. That will then go forward to the City Council to consider the General Plan and Land Use element of that. While the City Council is looking at that, the Planning Commission will be working on the zoning text to define the Recreation Resort overlay. Council Member Densley referred to his previous suggestion of Ivins researching how other cities like Park City, Utah or Scottsdale, Arizona have handled this and inquired as to the status of that. Dale Coulam indicated that Kevin Rudd has been given that assignment and will report on that to the Planning Commission. Chairperson Loris reported that following the discussion on the Land Use Plan, the Planning Commission discussed the General Plan and determined that they needed a conclusion in the General Plan before sending it onto the City Council.
2015-10 Adopting Budgets
Wally Ritchie stated that these are the finalized budgets. Both budgets are balanced and there will not be any tax increases.
MOTION: Council Member Densley moved to approve Resolution No. 2015-10R, a Resolution of Ivins City, Utah, amending the Budgets for Fiscal Year Ending June 30, 2015 and adopting the Final Budgets for Fiscal Year Ending June 30, 2016
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 |
Roll call vote. All Council Members that were present voted in favor.
2015-11R Supporting House Bill 362 Transportation
Dale Coulam indicated this resolution is a sample resolution provided by the Utah League of Cities and Towns. Mayor Hart stated that page one (1) outlines the amount of money we currently use from the general fund to support road maintenance. Council Member Roberts indicated that as the resolution is written, he is not in favor of it. He disagreed with an additional tax when the State of Utah has surplus funds. He agreed with the second WHEREAS in the resolution that reads "the creation and maintenance of transportation infrastructure is a core responsibility of local government" and because of that he felt that the State of Utah could have used some of the surplus for transportation. Transportation costs are already imbedded in the price of goods and services and felt this would be duplicative. He'd like to see it based on a user fee. He was concerned that if Washington County passes this and neighboring Iron County doesn't, people would fill up in Iron County or Mesquite, NV rather than in Washington County. He's in favor of the residents having the opportunity to vote on this issue but he is not in favor of a Resolution that says Ivins City supports the resolution. Council Member Densley inquired if the State Legislature has already passed the resolution and passing the resolution would give the residents the opportunity to vote on it. Mayor Hart clarified that the need for transportation funding has reached an acute stage so the Legislature determined that they were going to impose a 5 cent per gallon tax on fuel and that's the user fee that Council Member Roberts referred to. The Legislature also provided an opportunity for the Counties to adopt a .25% additional sales tax for transportation, to satisfy the other half of the need that exists. More miles are being traveled with fewer dollars coming in because of the efficiency of vehicles and they're going further without filling up and paying the gas tax. What's in the resolution is what the State Legislature has given to the cities and the cities do not have another option. Tax is never a popular thing but the demand is so overwhelming that the Legislature had to do something. In addition to the .25 sales tax, there is also funding for transportation to the cities that have that and Ivins would qualify for that because of SunTran. Council Member Densley inquired what happens if Iron County does not pass this resolution. Mayor Hart clarified that the funds would need to come from another source or let the roads go and not maintain them. There have been points made that someone from St. George would drive to Cedar City to purchase a vehicle because of the savings in sales tax. The difference on an average vehicle sale would be approximately $70.00 and he doubted someone would spend the money to drive from St. George to Cedar City and back to save that on the purchase of a vehicle. Council Member Densley stated that the resolution does indicate that by Ivins approving the resolution, it's encouraging the residents to approve it. Council Member Elwell indicated he is in favor of this and wants the citizens to understand it before they vote on it. Council Member McDonald stated he understood the need and if the City had to use money from the General Fund, it would adversely affect other departments and services currently provided to the community.
MOTION: Council Member Elwell moved to approve Resolution No. 2015-11R, a Resolution of Ivins City, Utah, supporting House Bill 362 (2015) regarding an authorized 0.25% local option general sales tax dedicated to transportation and encouraging Washington County to submit the proposal to voters in November 2015 and encouraging voters to support the proposal
SECOND: Council Member McDonald
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Densley |
AYE |
| Council Member Roberts |
NAY |
| Council Member Mendenhall |
ABSENT |
Roll call vote. Three (3) Council Members voted in favor, one (1) Council Member opposed and one (1) Council Member was absent.
Email from County Atty
2015-12R Resolution re First Amended Interlocal Agreement
1st Amended Interlocal Agreement draft
1st Amended Interlocal Agreement Final
Dale Coulam stated that the original Interlocal Agreement was passed before the RAP tax was approved by the voters. The bulk of the amendments indicate that the RAP tax has been approved and states the distribution of that tax. In response to suggestions from the City Managers, the County has indicated that rather than cities being required to establish by ordinance or resolution the procedure that mirrored the County's procedure, the City may establish its own procedure for distributing its RAP tax proceeds as long as it follows applicable state laws. It is now up to Ivins to determine what procedure Ivins wants to put in place to distribute its RAP tax proceeds. If Ivins' procedure is challenged, it will be up to Ivins to defend it.
MOTION: Council Member Densley moved to approve Resolution No. 2015-12R, a Resolution approving the First Amended Interlocal Cooperation Agreement between Washington County and Municipalities within the county regarding the Distribution of RAP Tax Revenue
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 who were present voted in favor.
2005-15 Ordinance Pacificorp
2015-08 Rocky Mountain Power
Dale Coulam indicated this has been updated to reflect Rocky Mountain Power rather than Pacificorp. Substantively it's essentially the same terms as was passed in 2005. It's a ten (10) year franchise and is up for renewal. Council Member Roberts inquired how much franchise tax is received. Wally Ritchie clarified that it's six percent (6%) of their power sales which is approximately $240,000 a year for Ivins City.
MOTION: Council Member Roberts moved to approve Ordinance No. 2015-08, an Ordinance of Ivins City, Utah, granting an Electrical Utility Franchise and General Utility Easement to Rocky Mountain Power
SECOND: Council Member Densley
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.
Settlement Agreement
Ivins View Third Amended Subdivision
ivins View II Amended Subdivision
Dale Coulam indicated the agreement is mostly self-explanatory. It involves property located on the corner of 400 South and Main Street that includes the four (4) homes with the walk-out basements (Ivins View) and the four (4) lots to the east of that (Ivins View II). The owner purchased an additional lot and added to his back yard to put a swimming pool in and would like to add a sport court and recreational amenities. In the process of that, he would like to amend the plats because the common boundary between those two (2) subdivisions is also the boundary line for his neighbor. He is willing to give his neighbor an additional ten feet (10') for backyard space but it requires amending those two (2) plats.
MOTION: Council Member Densley moved to approve E. Discuss and consider a Settlement Agreement between Ivins City and E & B Ivins, LLC regarding Ivins View and Ivins View II subdivisions
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 |
2015-02 Historic Township Overlay
2015-05-05 Planning Commission Minutes
2015-05-19 Planning Commission Minutes
Dale Coulam indicated agenda items 5)F and 5)G are on for discussion only and are not pressing. The City will have another zoning text amendment dealing with short term rentals and then all of the pending zoning text amendments would be set for Public Hearing and handled all at once. Agenda item 5)F is for the Historic Township Overlay. On Ivins' Land Use Plan you will see hash marks over the Historic Township indicating that it is subject to an overlay; but when you look at the zoning, there is no text to support it and no explanation as to what the requirements are for the overlay. There is a proposed expansion of the Firehouse once Ivins' Public Safety Masterplan is updated. The Planning Commission began with the Historic City block. They then decided to add some guiding language for areas of the Historic Township but found that it could vary from block to block. Until the City has an applicant come forward, it's difficult to define specifics of each block so the Planning Commission put together some guiding language. The purpose is to minimize flag lots, encourage infill and re-development within the Historic Township. Regarding height limits, generally speaking the height limit would be 25 feet unless the City Council granted a special exception to extend the height up to a maximum of 35 feet. The Planning Commission is recommending that for buildings that are adjacent to Center Street, the 35 foot exception not be allowed, although that can be discussed further. Council Member Roberts inquired why something wouldn't be allowed on Center Street when it would be allowed elsewhere. Dale Coulam clarified that the Planning Commission felt that would be a lot of mass on a main thoroughfare. Council Member Roberts indicated that if it's granted by special exception anyway, the Council would make that decision. Dale Coulam confirmed it would be up to the Council. This is the first the City Council has seen of this and it won't be brought forward for a Public Hearing until the short term rentals and RV Parks issues come forward from the Planning Commission.
2015-06 Cul-de-sac lengths
2015-05-19 Planning Commission Minutes
Dale Coulam indicated the City amended the bottom portion of the ordinance and in order to address all of the aspect of this, the City needs to amend the top half as well. The language cleans up this section and is on for information and discussion tonight and will be brought forward for a Public Hearing as part of the other zoning text amendments.
Council Member Densley - no report
Council Member Roberts - no report
Council Member McDonald - no report
Council Member Elwell - no report
Mayor Hart reported that the monument dedication of "The Guardian" eagle statue was a great event at the Veterans Center. Over 300 people attended the dedication including a few Mayors from other cities. The Ivins Reservoir causeway is almost ready and the sand for the beaches will be placed in the near future. He reported that he met with Kevin Lewis who is the coordinator for Ironman. There is a one in three chance that they will hold a main two (2) day event in Washington County and they are changing the route to go through Ivins again.
Dale Coulam reported that the City met with the owner regarding the piece of property owned by the City north of Lightfoots. The City provided him with the Council's counter proposal of the owner being required to install the improvements of curb, gutter, sidewalk and the pavement abutting that property on 200 East. The estimated cost of those improvements would be under $16,000. The size of the property is approximately 6700 sq. ft. with the cost of the improvements being approximately $2.35 per square foot, which is below what the City believes the market value of that commercial property is. The City clarified with the owner that there is a short window of opportunity for the owner to do this; otherwise the City will install the improvements, which will increase the value of the property. If that occurs, the owner's only option would be to have that piece of property appraised and pay the City the appraised value to acquire that property. Regarding safety concerns on 400 East and 200 East, those are now fully improved with a sidewalk and the street has been widened. He referred to the City Council meeting on July 2nd and inquired if there would be a quorum present because the legal holiday for July 4th is Friday, July 3rd, which is the day after the City Council meeting. The Mayor and City Council agreed to proceed with the City Council meeting on July 2nd. Mayor Hart referred to the unveiling of the Center Street/Snow Canyon/Tuacahn Drive statues on July 24th and inquired if Benny could set up canopies for shade and a sound system. The Mayor would like the individual who submitted the drawing for the statues to be present and cut the ribbon. Dale Coulam will follow-up with Benny.
| D. |
Items to be placed on future agendas |
None