All present included
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
Public Works Director and City Engineer Chuck Gillette,
and
Director of Finance Wally Ritchie.
EXCUSED:
Council Member Densley
Mayor Hart acknowledged there was a quorum present and indicated that Council Member Densley was excused.
Council Member Roberts led the Flag Salute
Council Member Roberts gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Doug Folsom with the Utah Local Governments Trust (ULGT) was present in his capacity as a Loss Control Consultant. He indicated that the ULGT is a government entity that provides insurance for municipalities and other governmental entities in the State. Ivins City is insured through the ULGT for Liability, Workers Compensation and other lines of insurance. The Trust has a Trust Accountability Program (TAP) where there are a series of best practices that the Trust encourages all Trust members to implement to assist with controlling losses. The Trust has a TAP award that is given to members who complete all of the requirements of the program. There are approximately 500 members of the ULGT and only 50 of those members received the TAP award. He presented the Mayor and City Council with the TAP award and stated that Ivins City is an elite group of members who have implemented the best practices of the program. He recognized and thanked Andrea Byers and Dalan Briggs for their work with the program.
Concept Report
Concept Report Map
Kevin Rudd indicated that this subdivision consists of 25 lots on a total acreage of 11.19 acres. The zoning is RE-15 Single Family Residential, minimum lot size 15,000 sq. ft. and is located on the south side of Center Street at approximately 495 West and Center Street. It is a conventional subdivision with a lot averaging overlay. The roads will connect into 300 South next to Cielo Vista and will help mitigate flooding issues.
Public Works Summary of Operations
Engineering Report
Monthly Water Usage Comparison
Suntran Report
Chuck Gillette reported that Ivins City has made an offer to Tom Jorgensen for the Assistant Public Works Director position. He referred to the operations report that was provided to the Mayor and City Council electronically. A copy of the report is available by request through Ivins City Hall. He indicated that the Public Works employees are an outstanding group of employees. They are working on stepping up the preventative maintenance programs and they're spending a lot of time on street sweeping, sewer cleaning and valve exercising. He reported that they finished grading 600 West and 450 North; a series of check dams have been placed in 600 West; the wall on 200 East is nearly done; the sidewalk in front of the Chevron gas station will be completed in last August; he is looking into the costs for signage from Highway 91 up to Center Street to change the name on 200 East to Red Mountain Boulevard; the Red Rock Park drainage modification is complete; he is working on getting restrooms installed at the Ivins Reservoir; July Suntran ridership was down due to the summer season but when school was in, Tuacahn ridership represented 18% of the ridership. Mayor Hart inquired if the City is ready to handle a storm event similar to the one in September, 2014. Chuck Gillette stated that there are still areas in the City that are weak and have discussed completing the wall on Center Street across the street from the Vista school although the City has done a lot of mitigation in that area because the City tied in the Palisades storm drain. There's a wash on 400 East that needs to be tied in as well and he'd like to see the City finish those two (2) projects in the near future. He's working on the Storm Drain Master Plan and intends to bring a draft forward to the Council in the near future. He indicated that the updated Storm Drain Master Plan recommends projects that are going to cost some money and there are storm drain funding issues that they can discuss in the future.
Kevin Rudd reported that Ivins City has issued approximately 50 single family building permits for the calendar year. The developer of the Encanto project is amending its Conditional Use permit and that will come forward to the City Council for review. That developer is also the developer for the subdivision on 200 East and he intends to break ground on that in the near future. The Family Dollar building has turned out well and is a result of Ivins' design guidelines. The developers for the Sentierre project contacted Kevin to discuss a pre-conceptual plan.
Wally Ritchie reported that the City finished the first month of the fiscal year and provided the budget report for July to the Mayor and City Council. A copy of the report is available by request through Ivins City Hall. He indicated that everything is where it's expected and at the end of the fiscal year, every General Fund was under budget. He indicated that the Auditors will be in Ivins next week to start the annual audit.
Chairperson Loris reported that the Planning Commission held two (2) Public Hearings regarding a Preliminary Plan for Cantera Cliffs and an amendment to the Conditional Use Permit for Encanto Resort. The Planning Commission made recommendations and forwarded the items to the City Council for Public Hearings. They also began reviewing the Zoning Ordinance text.
Kevin Rudd stated that the purpose of the short term overlay district is to designate areas in the community where rental of residential units on an overnight or short term basis is desirable and in the best interest of the community, and to aid the development of housing in those areas, particularly by owners who reside elsewhere and wish to rent their units when not in use. "Short term" is defined to mean a period of thirty (30) days or less. The first step in creating a short term rental overlay district is to first amend the Land Use Plan with that overlay. The next step would be for an individual to submit an application that would comply with the ordinance and that includes submitting a project plan for the entire project. If that plan was approved, the Zoning District Map would be amended with a hatched cross mark identifying the parcel where the project was approved. He reviewed some additional approval criteria contained in the ordinance.
Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Dale Coulam indicated the City Council has seen these changes previously and it has come forward with some clarifying language. Council Member Roberts inquired what the height of a recreation building with a basketball court would be. Kevin Rudd stated 35' high would be tall enough for that. Dale Coulam clarified that the proposed maximum height on Center Street would be 25'. Mayor Hart opened the Public Hearing. Lance Anderson clarified that the Planning Commission's thought behind a maximum height of 25' on Center Street with a maximum height of 35' was that as someone drove along Center Street, the lower buildings would be closer to the road and then mass up away from the road so that the taller buildings are back off of Center Street. Chairperson Loris referred to the Fitness Ridge development where their gymnasium is taller than 25' but is less than 35'. There being no other comments, Mayor Hart closed the Public Hearing.
Ord No 2015-04
Council Member Elwell referred to the required signs and contact information at entrances of the development. He had a concern from a law enforcement perspective wherein if there was something disruptive going on within the development that rises to the level that others outside of the development are aggrieved, law enforcement needs to know because it would be beyond what a Property Manager is going to be able to control. He also felt that each home should have the contact information for the Property Manager in their home. He was also concerned with people passing by the development and making spurious complaints that cause problems that don't exist. Council Member Roberts agreed with Council Member Elwell. He referred to the developer not being allowed to build a multi-story unit. He felt that should be allowed if that can be accomplished within the 25' maximum height restriction. Dale Coulam inquired what the basis would be for treating this type of residential development any differently than another residential development. If the City says that the maximum residential height limit is 25' feet, there would need to be a good reason now to allow that here, otherwise the City may be defending that in another venue. To impose a different requirement requires a good reason why. If there's no good reason, he suggested striking that language and leave the height limit the City has for every other form of residential. The Mayor and City Council agreed to strike the sign requirement outside of a short term rental project as well as the requirement to build single story units in a short term rental project. Dale Coulam referred to paragraph "O" referencing restricted parking on public streets that front the short term rental project and inquired about a corner lot. Mayor Hart clarified that such streets would be considered fronting streets and parking would be prohibited. Mayor Hart indicated his only concern is in Historic Township Overlay regarding the issue of the 25' maximum height restriction on Center Street and would like to see that maximum height exceeded for certain circumstances. He referred to the tower on the back of the fire station and stated that exceeds the 25' maximum height restriction but it isn't visible from Center Street. He would like to see a stipulation that a design would allow for a segment of a building to exceed the 25' height and relate that to placement from the street. Kevin Rudd suggested that the verbiage in red be stricken under 16.07.807 because that section already indicates that the City Council has the authority to grant a special exception to extend the height up to a maximum of thirty-five feet (35'). Mayor Hart clarified that they're talking about City property and the developer will be the City and the City more than anyone wants to maintain the vistas as much as possible. The City Council Members agreed. Dale Coulam clarified that paragraphs (c) and (v) will be stricken from Ordinance No. 2015-04 and the verbiage in red in section 16.07.807 of Ordinance No. 2015-15 will also be stricken.
MOTION: Council Member Mendenhall moved to approve Ordinance No. 2015-04, an Ordinance of Ivins City, Utah, adopting regulations for a Short Term Rental Overlay, amending Tables 33-1 & 33-3, and adding a Short Term Rental Overlay District and a Historic Township Overlay District to the Zoning Map, as amended
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 |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
Ord No 2015-15
MOTION: Council Member Roberts moved to approve Ordinance No. 2015-15, an Ordinance of Ivins City, Utah, amending Chapter 9 of the Zoning Ordinance regarding Development Agreements and to add regulations for the Historic Township Overlay District, as amended
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
Dale Coulam clarified that the City Council discussed this previously but the process required that it go through the Planning Commission for a Public Hearing and then to the City Council for a Public Hearing. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Ord No 2015-06
Council Member Roberts referred to the definition of a dead-end and suggested that be defined. Dale Coulam suggested that it read in part "...including cul-de-sac streets or dead-ends". The Mayor and City Council agreed.
MOTION: Council Member McDonald moved to approve Ordinance No. 2015-06, an Ordinance of Ivins City, Utah, requiring all dead end fire apparatus access roads, including cul-de-sac streets, shall not exceed 750' in length without special approval by the City Council as amended
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
Ord No 2015-11
Revised General Plan
The Mayor and City Council discussed and made a number of grammatical, wording and phrasing changes throughout the General Plan. Council Member Mendenhall referred to page 16 of the General Plan under "Education Supporting Objectives" and stated that she had a problem with the words "research facilities" included in the last bullet point of that goal, due to the possible association of those words with animal experimentation. She understood those words were meant to mean clean, high-tech oriented businesses but there needs to be another word or words used rather than "research facilities". The Mayor and City Council discussed this and determined that bullet point would read "Support plans for elementary schools, a middle school, high school, a library and even facilities for higher education in Ivins." Council Member Mendenhall referred to the words "research" and "such as medicine" under "Air Quality Policies" and stated she had the same problem with the use of those words as outlined above. The Mayor and City Council discussed this and determined to eliminate the use of the words "research facilities" throughout the document and include a bullet point under "Animal Policies" that reads "The City discourages any type of research that involves live animal experimentation (vivisection). Mayor Hart and Dale Coulam will finalize the document and provide the finalized version to the City Council Members.
MOTION: Council Member Mendenhall moved to approve Ordinance No. 2015-11, an Ordinance of Ivins City, Utah, amending the text of the Ivins City General Plan and also amending "Figure 5" (Land Use Plan) thereof, as amended
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 |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
2015-21R
Agreement
Council Member Mendehall was excused at 8:15 p.m.
Dale Coulam clarified that Ivins City modified the Resolution and Agreement and didn't specifically approve the District contracting with Dixie Waste but acknowledged that the District was entering into that. What is proposed is a Resolution to allow the City to adopt the agreement with the District for curbside recycling and the next agenda item is the Ordinance for mandatory recycling. Council Member Roberts referred to the hardship provision and qualifying for that. Dale Coulam indicated that Five Counties has different threshold levels so the Council could use that or leave it as-is for the Council to consider and adopt. The Mayor and City Council agreed to use the same qualifying standards that the Five County Association of Governments used for the Special Assessment Area.
MOTION: Council Member McDonald moved to approve Resolution No. 2015-21R
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Mendenhall |
ABSENT |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
Ord No 2015-17
MOTION: Council Member McDonald moved to approve Ordinance No. 2015-17, as amended
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Mendenhall |
ABSENT |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
2015-22R
Dale Coulam indicated that the summary of changes are contained in the materials and the Public Safety Director recommends that Ivins continue to participate in the Washington County Drug Task Force.
MOTION: Council Member Roberts moved to approve Resolution No. 2015-22R, a Resolution of Ivins City, Utah, approving an Amended Interlocal Agreement between Washington County and Municipalities within the County regarding the Washington County Drug Task Force
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Mendenhall |
ABSENT |
| Council Member Densley |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
Ord 2015-16
Dale Coulam stated this would increase purchasing authority limits for Department Heads from $1,000 to $5,000 and from $5,000 to $10,000 for the City Manager. He looked into what other cities do state wide and the limits are much larger and if the item is already in the budget, the City Manager can approve it. Council Member McDonald indicated if it's in the budget, it could just be reported to the Mayor and City Council because it's already been accepted and approved by the City Council. Wally Ritchie clarified that when large items are in the budget, a contract is required and that goes before the City Council. Dale Coulam suggested that if the Mayor and City Council are comfortable with these first steps, the City can try this for a while and if it's working, look at further changes. Council Member Roberts agreed and stated that it was good to try this first for transparency. Dale Coulam agreed that it was important to report budget items on the record.
MOTION: Council Member Roberts moved to approve Ordinance No. 2015-16, an Ordinance of Ivins City, Utah, amending Section 3.12.203 of the Ivins City Code regarding purchase order authorization amounts
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Mendenhall |
ABSENT |
| Council Member Densley |
ABSENT |
Second Amendment to Agreement
Dale Coulam indicated that the final payment is to compensate the bronzing company for their services in bronzing the artwork. In the agreement Ed Hlavka is instructing Ivins City to make the final payment payable solely to the bronzing company and acknowledging that Ivins has paid for all of his personal services in creating the artwork. Ivins City has agreed to one additional expenditure to Ed Hlavka for food and lodging in the Lehi area to complete the final assembly. Ivins City is responsible for the delivery and installation of the artwork.
MOTION: Council Member McDonald moved to approve Second Amendment to the Agreement to Commission an Artwork
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Roberts |
AYE |
| Council Member Mendenhall |
ABSENT |
| Council Member Densley |
ABSENT |
Council Member Elwell reported that he misspoke at the last City Council meeting regarding the Southern Utah Veterans Home Walk, Run and Roll. That will be held on November 7, 2015 and not on November 27, 2015.
Council Member McDonald - no report
Council Member Roberts - no report
Mayor Hart reported that Gail Halvorsen, who is known as the original Candy Bomber, will speak at the Southern Utah Veterans Home on Patriots Day, September 11, 2015 at 1:30. He will also be flying with AFJROTC instructor Colonel Glenn Whicker and the top four fund raising AFJROTC cadets, over the playing fields of Red Mountain elementary and throwing candy out as he did in Germany over 70 years ago. Mayor Hart attended a DTEC (Dixie Transportation Executive Council) meeting where they discussed placing the sales tax funding option on the ballot in November. They felt that the likelihood of that being approved if it was placed on the ballot in November was not good so they decided that they need to educate the voters first and then place it on the ballot next November.
Dale Coulam reported that the Kayenta Arts Foundation met as a board and they have determined they also want to apply for some type of long-term financing. Tuacahn is going to the other municipalities and the County regarding commitments for long term funding and it appears that will materialize as an interlocal agreement. The County has asked Ivins City to be the host of the conduit financing so that will likely be on an upcoming City Council agenda. Mayor Hart commented that with the General Plan accepted and passed, he would like to see that followed by the zoning ordinance and recommended that Kevin Rudd forward that to the Planning Commission to begin reviewing that.
| D. |
Items to be placed on future agendas |