All present included Mayor Hart,
Council Member Mehr,
Council Member Johnson,
Council Member Roberts,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Director of Finance Wally Ritchie,
Building and Zoning Administrator Kevin Rudd,
and
Public Works Director/City Engineer Chuck Gillette.
EXCUSED:
Council Member McDonald
Audience: Bryan Pack, DeAnne Haut, Kerry Haut, Check & Becky Warren, Curren Christensen, Delores Osborn, Lance Anderson and others who did not sign in.
Mayor Hart acknowledged there was a quorum present and indicated that Council Member McDonald was excused.
Council Member Mehr led the Flag Salute
Council Member Mehr gave the Invocation
Council Member Roberts referred to agenda item 4)E and disclosed that would affect is his brother-in-law's property. Council Member Densley referred to agenda item 5)A and disclosed that he owns property adjacent to that property. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Kevin Rudd stated this is a standard practice. The subdivision ordinance allows for them to ask for a six-month extension and the TRC (Technical Review Committee) did not have any issues with the extension.
Engineering Report
Public Works Summary of Operations
Budget Report
Kevin Rudd reported that single family dwellings for the year are approximately the same as last year. The developers of the Discovery Subdivision on the south side of Center Street and 500 West will be breaking ground. Developer Walt Plumb recorded the Encanto Subdivision plat and they are starting to build the clubhouse and some models. The Sentierre project was issued a grading permit and have started their staging area. The City is ready to issue a building permit to Rocky Vista University and they anticipate breaking ground in the next couple of weeks.
Chuck Gillette reported that the City has advertised for bids for the 200 West irrigation line that the City is trying to tie UNITY Park into. The City will receive bids on that on Wednesday, March 23, 2016 as well as receive bids for the slurry seal project. He reported that the Highway 91 project is going well. Council Member Densley inquired if there will be enough water for irrigation this year. Chuck Gillette indicated that the supply conditions are between 60-80% depending on rain over the next month. At the end of January the supply was over 100% and it looked good but there was little or no rain in February and there has been very little rain in March. Council Member Densley inquired when the irrigation water would be turned on and Chuck Gillette stated that he was unsure but thought it would be soon.
Wally Ritchie provided the monthly budget report to the mayor and City Council Members. A copy of the report is available by request through Ivins City Hall. The City is watching the budgets and may restrict budgets for the rest of the year. The City is in a soft freeze so there are no new expenditures. The Department Heads are starting to put their budgets together for next year. The City had a meeting with Moody's for Storm Water bond rating and was rated an A2. The City had hoped for an A1 rating. The reason Moody's rated Ivins with an A2 is because they had significant concerns with Ivins' rate management (rates not keeping up with expenditures) over the last five (5) to six (6) years, which they brought up in their report. Going forward the City needs to address that and be aware of those things. Council Member Mehr inquired what the rating means for the City. Wally Ritchie clarified that there is an A3, A2, A1, AA and AAA rating that affects the price of what Ivins pays for bond insurance and interest rates on bonds. The rating didn't jeopardize the City with the current bond but it could in the future if it is not addressed. Council Member Densley reported that his father-in-law fell and broke his leg and was attended to by Ivins EMTs and Paramedics. He did not want to see Ivins lose those employees to Gold Cross and would like to plan and budget to make sure they're receiving adequate compensation. Wally Ritchie indicated that the City has frozen wage increases but are looking at a few wage adjustments to stay competitive. It's a balancing act with Ivins ambulance service because it doesn't pay for itself.
Commissioner Pack reported that the Planning Commission had five (5) items on their agenda but only addressed two (2) because Commissioner Lance Anderson had to recuse himself on two (2) of the agenda items which left less than a quorum. The Planning Commission re-approved vacating the Discovery Phase 2 Subdivision and re-approved the Amended Plat for that subdivision. They deferred discussion on the RV Resort until Commissioner Scott and Commissioner Loris were present to comment.
Wally Ritchie stated that the City is refinancing the current bond and adding new money for new projects and this is the Public Hearing required for that bond. The City has projected an approximate savings of $230,000 by refinancing the current bond and likely won't bond for the full bond amount. Council Member Roberts referred to there not being a discussion item after the Public Hearing and inquired when that would occur. Wally Ritchie clarified that there won't be any action taken until the final numbers are received and this Public Hearing is required by Utah State Code. Council Member Densley inquired who buys the bonds. Wally Richie clarified that it is a negotiated sale and Ivins' underwriter is Key Bank. This is Ivins first bond that has been done this way. The others have been a private placement through US Bank or Zions Bank or a hybrid between private placement, but the threshold to take it to the market is $5 million. The rate is more favorable this way rather than with a private placement. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Dale Coulam explained that this ordinance is a substantial re-write of the current ordinance. Council Member Roberts inquired why the Council didn't see the marked up version. Dale Coulam clarified that it was available as an attachment to the Planning Commission agenda; there were so many changes that it is hard to follow the marked up version. Chuck Gillette re-wrote the application and review process to make it easier for Engineers, Architects and Developers to understand what the City is asking for. Planning Commission Chairman Jeff Loris, who is an Engineer, reviewed it and concurred with the changes. Planning Commission members Bryan Pack and Adel Murphy, who are both Attorneys, also reviewed and concurred. Mayor Hart opened the Public Hearing. Kerry Haut is a resident of Ivins City and stated he didn't have a specific comment but indicated there was no way to review it and suggested that it be available because it wasn't on the website. Dale Coulam clarified that it is on the website, as was the red line version for the Planning Commission meeting. The red line version is difficult to read and analyze, but it is accessible on the website if desired. The only thing that is required to come forward is the Planning Commission's recommendation. Kerry Haut stated that residents need access to this kind of information so they can make responsible comments. He felt that it is difficult for residents to find information on the website. Kevin Rudd indicated that when anything is a zoning change, notices always say if there are questions, contact him. Dale Coulam stated in the future he will provide both versions with the red line version but clarified that the Planning Commission's recommendation is what is before them tonight. There being no other comments, Mayor Hart closed the Public Hearing.
Ordinance 2016-02
Planning Commission Minutes
Mayor Hart indicated that compared to the prior document, this is a considerable improvement and a job well done. Council Member Roberts referred to section 15.05.104 Preservation of Natural Features. He would like to make suggestions or present ideas to change the wording of the document to make it more specific and clear. Mayor Hart suggested the words "such as" or "including" instead and place the word "major" in front of "natural geographic and topographic land features" so that the explanation is more specific. Council Member Roberts referred to section 15.05.302 regarding sidewalks where it refers to serpentined sidewalks on streets less than 60' wide. He suggested that it state "that on streets less than 60' but with a landscape buffer of 15' or greater, serpentine will be required". Chuck Gillette indicated that it only applies to areas in the landscape buffer that are greater than 15'. The City Council agreed. Council Member Densley suggested that the additional changes be made to this ordinance and postpone passing it until the next City Council meeting. That will give the public an opportunity to review both versions. Council Member Mehr referred to section 15.04.303 on the review process with the Planning Commission and stated that the notice to neighbors within 300 feet has been removed and inquired why. Dale Coulam clarified that the City followed LUDMA (Land Use Development and Management Act) and the neighborhood notice has been a courtesy and is not required. Council Member Mehr indicated that he would prefer to keep that in the ordinance. The City Council member agreed to keep that in the ordinance.
MOTION: Council Member Mehr moved to continue this agenda item to the next City Council meeting, and publish both versions.
SECOND: Council Member Densley
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSENT |
Dale Coulam indicated that part of this is LUDMA (Land Use Development Management Act) and the purpose of LUDMA was to make the land use approval process more efficient and avoid unnecessary imposition or duplication of procedural requirements or unnecessary public hearings on administrative decisions. He referred to section 16.02.102(7) regarding Appeals and stated the verbiage in red clarifies that section to be compatible with the rest of the Zoning Ordinance. He referred to section 16.25.102 regarding Nonconforming Uses and indicated the language added to that section would allow the owner of a parcel of property on which a nonconforming use exists could apply for a conditional use permit for a legal conforming use on the same parcel of property as the nonconforming use. He also discussed the process for a Class V Conditional Use Permit. The City previously required two (2) Public Hearings, yet LUDMA does not require any. The majority of the City Council recently determined to hold only one (1) Public Hearing before the Planing Commission. Kevin Rudd clarified that holding only one (1) Public Hearing will remove the confusion for the public. Mayor Hart opened the Public Hearing. Kerry Haut commented that Public Hearings are very valuable and transparency of the government is important. He asked that the City continue to hold two (2) Public Hearings rather than one (1). He stated that residents need to be educated and suggested information be provided in the newsletter. There being no other comments, Mayor Hart closed the Public Hearing.
Ordinance 2016-06
Planning Commission Minutes
Table of Uses
Figure 16-2
Figure 16-4
Dale Coulam clarified that there is a distinction between a legislative action and an administrative action. The Land Use Plan, General Plan and Zoning are all legislative actions. They require public hearings and for legislative actions, the City Council, as the final deciding body, is given a lot of discretion by the Courts. An administrative action is one where the law is set and if an applicant meets those guidelines, it's approved. A Conditional Use Permit is administrative but reasonable conditions can be associated with the permit. There was discussion again regarding holding one or two Public Hearings and the City Council Members again determined to hold one Public Hearing before the Planning Commission.
MOTION: Council Member Densley moved to approve Ordinance No. 2016-06, an Ordinance of Ivins City, Utah, amending text of the Ivins City Zoning Ordinance.
SECOND: Council Member Mehr
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Mayor Hart referred to a Form Based Zone and suggested that may be something for the City to look at in the future as an option.
Kevin Rudd stated this is a legislative action. The City Council has some latitude on legislative actions but their hands are somewhat tied because this went through a land use change recently and was changed to Medium Density Residential along the bottom of the property and High Density Residential across the top of the property. There are three (3) choices in Medium Density Residential and three (3) choices in High Density Residential. The City Council has to give the applicant one of the options for each land use. The applicant is requesting Multi-Family Residential and R-1-7.5 and the Planning Commission unanimously voted to recommend that. Mayor Hart opened the Public Hearing. Curren Christensen with NAI Commercial Real Estate spoke on behalf of the owners. The property has been on the market for two (2) years under the previous zone of Community Commercial and it has not sold. He and the owners feel that the highest and best use for the property is Multi-Family Residential because there is no frontage to the property for commercial use. Lance Anderson commented that there is Low Density Residential to the south of this property and there have been discussions about buffering so his thought process was to transition from Low Density Residential to Medium Density Residential to High Density Residential. Russ Jacobson is the owner of the property has been working to find a use for the property to maximize its value. It's their intent to market the property. There being no further comments, Mayor Hart closed the Public Hearing.
Ordinance 2016-09
Planning Commission Minutes
Staff Report
Kevin Rudd indicated that Fitness Ridge had a Conditional Use Permit to build condominiums to the West. The townhomes or condos would fit in with the applicant's plans. There is a 40 acre parcel that is owned by the school district with a plan for a middle school or high school in the future but there is no date on that currently. Council Member Mehr stated that he felt what they had heard regarding this was good. Dale Coulam indicated that the Planning Commission considered development next to Rider's Mountain View Tire to be an impactful use and that developing Single Family Residential against that business would be difficult. Kevin Rudd stated the developer to the south has expressed to the City that they are intending to come to City with a higher density residential and that is another reason that the Planning Commission recommended the 7500 sq. ft. density. The Ivy Place and Suncrest West subdivisions are examples of that density. The Mayor and City Council agreed with the Planning Commission's recommendation.
MOTION: Council Member Roberts moved to approve Ordinance No. 2016-09, an Ordinance of Ivins City, Utah, regarding a Zone Change from C-1 Community Commercial to RM Multi-Family Residential and R-1-7.5 Single Family Residential located on Guy Lane at approximately 411 West Highway 91 on the east side of the street and south of Rider's Mountain View Tire Inc.
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Dale Coulam indicated that since the Transportation Master Plan is a required element of the General Plan, the City has to follow that same process of holding a Public Hearing before the Planning Commission and the City Council.
Ordinance 2016-07R
Mayor Hart stated they are discussing reappointing Bryan Pack. The Mayor and City Council thanked him for his service and were happy that he has agreed to continue to serve.
MOTION: Council Member Mehr moved to approve Resolution No. 2016-07R
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSENT |
Roll call vote. All Council Members that were presented voted in favor.
Land Use Map
Zoning Map
Mayor Hart stated he received a call from the property owner and they have offered to provide a drawing of what could be developed on that property. They have not had the time to put that together. Mayor Hart suggested that the City Council continue this to a future City Council meeting. Council Member Densley indicated that he will not be present at the next City Council meeting and would like to be in attendance when this is discussed. Council Member Mehr stated that if here is no urgency on this, he suggested it be addressed at the second City Council meeting in April. The Mayor and other City Council members agreed.
MOTION: Council Member Johnson moved to continue this agenda item to the second City Council meeting in April
SECOND: Council Member Mehr
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSENT |
Development Agreement
Dale Coulam indicated that he prepared a standard Development Agreement and Chuck Gillette had comments that modified the agreement. Chuck Gillette stated that developer may use existing utilities that are already installed. The City would like to see the developer pave that initial loop immediately so the Development Agreement will say they can install some of the remaining services for the full subdivision even though they are not going to plat the full subdivision. On the Old Highway 91 improvements, he left a blank in the agreement for the phase in which those have to be installed. One is a 6 foot sidewalk on the south side installed to the entrance of their subdivision that then connects east towards Movara Resort. Mayor Hart inquired if the property could be annexed into the City. Chuck Gillette indicated that it could but that the sidewalk would be a sidewalk to nowhere. The widening language on Highway 91 is in there because the Transportation Master Plan indicates that Ivins needs an asphalt shoulder on each side of the road. The developer thinks that Ivins should wait until the City is ready to improve the whole thing or give the City a payment in lieu of doing that improvement. There is an advantage to widening that shoulder now because there have been accidents and the shoulder is important for safety. Regarding turning lanes, the previous agreement that runs with the land for this property, had also included the requirement for an acceleration lane. The City looked at the traffic flows and made the compromise of requiring left and right turn lanes but not the acceleration lane. Regarding landscaping, the agreement states that it needs to be in harmony with the Corridor Plan which is it has to be complementary to the environment, low water use, indigenous plants and similar. There isn't an approved landscape plan yet but the City will work that out in the construction drawings before those are approved. Regarding the sidewalk, the cross section requires a 6 foot sidewalk and there is an option for a 6 foot sidewalk or a 10 foot path rather than the concrete sidewalk. Lance Anderson has expressed an interest in doing the path. Dale Coulam stated that there is a legal concern. At the time that the City approved Fitness Ridge there were different requirements in the widening of the street. Ivins City maintains streets and does not develop them. As far as accesses, the developer is required to isntall those street improvements. There have been deaths and accidents at this portion of Highway 91 so taking a payment in lieu of the improvements is a liability. He thought those improvements should be put in. Council Member Densley suggested that if something can be done for safety reasons that it should be done. Council Member Roberts agreed. Lance Anderson indicated that if they develop the trail, the City will have to maintain it for however long until development occurs further to the west. In response to a question whether this would be an exaction, Dale Coulam clarified that everything a City asks a developer to do is an exaction; the question is whether it's legal or excessive. If you compare another subdivision that is as large as this one, dedicating right-of-way and improving half-width street, this developer is not being asked to do more than any other subdivision would be required to do next to a road that services the subdivision. Part of that wider width is required to fit the right and left-hand turn lanes. In order to fulfill the requirement of a right-hand turn lane, the wider width is required and will serve their development. Furthermore, this new Development Agreement is actually lessening requirements because the City is no longer requiring an acceleration lane. Mayor Hart indicated this is a pretty modest requirement and if any other developer came in, there wouldn't be any question. The requirement would be to complete the improvements across the frontage of the lot in conformity with the Transportation Master Plan. Council Member Mehr requested clarification regarding the safety concerns and liability as it relates to the acceleration lane. Dale Coulam stated there are other public streets that intersect with this subdivision. If the street is widened enough to have a wider shoulder so that people riding their bicycles can ride on a 6 foot shoulder rather than on the road, the City will have done what is reasonably required. It is also reasonable to not require the acceleration lane because the City itself wouldn't put in an acceleration lane at each intersection. The potential RV resort is different because those are slow moving vehicles so an acceleration lane would be required. Council Member Mehr inquired about the blank that needs to be filled in as it relates to phasing. Chuck Gillette suggested the City could say a certain percentage or a number of lots rather than a phase. The developer is currently only platting lots towards the back of the property. Dale Coulam stated that he was more comfortable specifying the number of lots and suggested 25. Council Member Densley agreed. Council Member Mehr inquired what about the decision on the trail. Council Member Densley liked the 10 foot asphalt path rather than a 6 foot sidewalk. Council Member Densley inquired about lighting for the trail. Chuck Gillette indicated that there is a requirement for bollard lighting to be installed at the developers expense if there is a path. Dale Coulam expressed concern that imposing a requirement for bollards would be an example of an illegal exaction because there is nothing that requires it. The Development Agreement should specify that the path would be without bollards.
MOTION: Council Member Densley moved to approve the Development Agreement for the Indigo Trails Subdivision located at approximately 400 S. Hwy 91 Lance Anderson-Applicant. Cowichan/Kayenta Development-Owner as amended.
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSENT |
Interlocal Agreement Fire Response
Dale Coulam stated the City has Mutual Aid Agreements in place with virtually every public safety entity in the County and upon request, the City responds. Being neighbors with Santa Clara, the City generally responds anyway. This agreement is an automatic aid and no request required.
MOTION: Council Member Mehr moved to approve an Interlocal Agreement Automatic Mutual Aid Fire Response with Santa Clara City
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member McDonald |
ABSENT |
Council Member Mehr - no report but inquired as to the status update on the SunTran bus cutting through the Heritage Estates subdivision. Council Member Densley spoke with Fred at St. George City and with the construction sometimes the busses can be held up for ten minutes at the stop light, which throws the whole schedule off and they miss a stop. Fred was going to look into it and make sure they come up 400 East and definitely slow down. Dale Coulam stated he has witnessed the bus going less than 25 mph on that street so they have adjusted the speed through the neighborhood. Council Member Mehr inquired how long it would be before the construction was done. Dale Coulam clarified that it would be until the Highway 91 project is done. Council Member Mehr stated he preferred that the bus not not go through the subdivision. Council Member Densley will follow up with Fred at St. George City.
Council Member Johnson - no report
Council Member Roberts - no report
Council Member Densley - inquired if Ivins City got funded for improvements in Snow Canyon State Park. Mayor Hart stated that Ivins City is part of a Joint Management Committee of Snow Canyon State Park and there is a need for the road through Snow Canyon to be widened. The committee has been lobbying to have the legislature fund around $950,000 to rebuild that road. The funding did not come through the legislature but they did designate it to sequestered funds for state parks. It's required that UDOT (Utah Department of Transportation) perform an analysis of the road.
Mayor Hart stated that the ULCT (Utah League of Cities and Towns) Spring Convention will be in St. George April 6-8 and suggested that the Council Members attend if possible and that the City will sponsor them for attending.
Dale Coulam reported that the medical school is meeting with the City on a regular basis and preparing to split off 20 acres for student housing and commercial. The medical school itself should break ground in the next week or two. They looked at some local contractors but will stay with Shaw Construction out of Colorado and plan to use local subcontractors as much as possible. Council Member Roberts referred to construction across Highway 91 and the constant pounding of rocks early in the morning and late at night and inquired what the time frame is for construction hours. Dale Coulam stated he will follow up with Kevin Rudd regarding construction hours and speak with the contractor.
Mayor Hart discussed bringing forward form-based zoning. He indicated that it is an interesting concept that functions within existing zones and allows them to used a form-based principle to present a project, which would alleviate so much frustration and show what a plan is going to be.