All present included Mayor Hart,
Council Member McDonald,
Council Member Johnson,
Council Member Roberts,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Parks and Recreation Director Benny Sorensen,
Director of Finance Wally Ritchie,
and
Building and Zoning Administrator Kevin Rudd.
EXCUSED:
Council Member Mehr
AUDIENCE: Amber D. Davis, Gerald & Reva Dailey, Adam & Diane Milecki, Delores Osborn, Claudette Larsen, Gail Harris, Becky & Chuck Warren, Bob Nickerson, Lance Anderson, C.J. Davis and others who did not sign in.
Mayor Hart acknowledged there was a quorum present. Council Member Mehr was excused.
Council Member Johnson led the Flag Salute
Council Member Johnson gave the Invocation
Council Member McDonald stated that it was brought to his attention at it relates to agenda item 5)D, that applicant Jon Graf does business with the company that Council Member McDonald owns. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Parks and Rec Report
EMS Report
Fire Report
Public Safety Report
Benny Sorensen previously provided a written report, a copy of which is available by request through Ivins City Hall. He reported that Fire Lake Park at Ivins Reservoir is a busy place. They treated the reservoir with an algae treatment and that has worked well. Approximately forty-five 45 pounds of garbage is being picked up each week from the beach area at the reservoir. He reported that the restrooms were at the reservoir were also vandalized recently. Council Member Roberts inquired if swimmers itch was a problem. Benny Sorensen stated that will always be an issue because it's in every reservoir in Southern Utah but treating the algae kills the snails which is part of the life cycle of the swimmers itch. Mayor Hart indicated that he has had a surprising number of people tell him what a great thing the reservoir is and how much they enjoy it.
Mayor Hart stated a written report for Public Safety was previously submitted. A copy of the report is available by request through Ivins City Hall. Dale Coulam indicated that Chief Flowers was not present because he was involved in a complex case. Nick Hallman is the Acting Fire Chief and reported that he is working on upgrading inventory systems and starting preventive maintenance measures on all of their gear like they have been doing with their vehicles. He reported that this past 4th of July was the first time that Ivins has not had a fire. The Fire Department was proactive, interacted with the public and had three (3) trucks throughout the City on July 4th.
Mayor Hart recognized Wally Ritchie for receiving the PAFR (Popular Annual Financial Report) award for the past budget year. He recently received the CAFR (Comprehensive Annual Financial Report) as well. Wally Ritchie stated that the City has now received all three (3) of the GFOA awards for financial reporting/budgets for six (6) years running. He reported that the City closed on refunding of its sales tax bond. The City's recent refinancing of two bonds will save the City approximately half a million dollars. The City website has been updated and was launched on July 1, 2016. The City implemented a financial transparency platform with OpenGov on the website as well. He gave a brief demonstration of the types of reports that are now available to everyone. Approximately 30 people have signed up for a mailed paper copy of the newsletter. Council Member Densley commented that Jennifer Chapman did an awesome job on the website and the other Council Members agreed and requested she be thanked.
Commissioner Lance Anderson reported that the Planning Commission met on Tuesday, June 28, 2016 in lieu of meeting on Tuesday, July 5, 2016. They discussed the ordinance regarding Recreational Vehicle Resorts and moved that forward to the City Council for discussion. They discussed an update the student housing design and Conditional Use Permit for Rocky Vista University, discussed creating a new Townhouse Zone on undeveloped land in Ivins and approved a Final Plat for the Silver Sage Subdivision Phase 2.
Kevin Rudd reported that the applicant is requesting the Land Use Plan be amended to show this property as High Density Residential. The current Land Use Plan shows the property as Medium Density Residential. Mayor Hart opened the Public Hearing. Adam Milecki resides at 270 North Main and was concerned with obscuring views and changing the character of the neighborhood. Gerald Dailey resides at 245 North Main and was concerned about changing the use from single family to high density because the lot is less than a quarter of an acre and there would be issues with parking. He did not want to see parking on the street. He stated that he spoke with other neighbors in the area and all of them were against this change. Mayor Hart indicated that he and the City Council received an email in favor of the change and two others in opposition. Amber Davis was present representing the Estate of Joyce Hughes who owns the property. She stated that it is not their intent to detract from the neighborhood and thought that they could build rental housing there that would be nice. There being no further comments, Mayor Hart closed the Public Hearing.
Staff Report
Plat
Application
Planning Commission Minutes
Kevin Rudd indicated that the lot size is approximately 13,000 sq. ft. Council Member Densley inquired if the appliacnt was proposing a single level building. Kevin Rudd clarified that the restriction on multi-family is the same as single family, which has a maximum height allowance of 25 feet. Council Member Densley stated that the surrounding property owners purchased their property under the assumption that that area was single family and suggested that the City Council follow the Planning Commission's recommendation to deny the amendment. Council Member Johnson inquired how close the other multi-family use properties are. Kevin Rudd clarified there are a couple of duplexes on the next block over. Council Member Johnson inquired how many casitas in that area are being used as rentals. Kevin Rudd clarified that there are a number of casitas in that area but they are not supposed to be used as rentals. Council Member Roberts referred to a best planning method for multi-family housing areas and inquired if you locate multi-family in just one area or does the City spread it out? He felt that there should be multi-family in all areas of the whole township. Council Member Densley inquired if the Planning Commission is looking at that for larger parcels. Kevin Rudd clarified that they are looking at it City wide but not necessarily at larger parcels. In the old township there are a number of lots that are like the applicants that would be a nice location for a duplex or triplex, which adds a variety of housing options for the community. Rocky Vista University will be opening in the near future and there is a need for multifamily housing. Council Member Roberts stated that with the University coming, there are not only going to be students, but also staff, employees and similar. Mayor Hart indicated that there is a need in Ivins and the multi-family units that have been built have filled quickly. He stated that this application and this lot in this neighborhood are different in character because of the size of the lot but multi-family can be built on that lot if the Council chose to change the land use. Kevin Rudd clarified that if the Planning Commission recommended denial and the City Council recommends denial, that would send a message that on these type of smaller lots, the City is not looking at re-zoning small single family lots to multi-family. Council Member Roberts inquired if the Planning Commission has discussed a minimum lot size. Kevin Rudd indicated they had not but clarified that if the lot was a one (1) acre lot, twelve (12) units could be built on it so instead of twelve (12) units, there would only be three (3) or four (4) units on this lot. The bottom line is an applicant is never going to come in with a zone change for multi family where the neighbors are going to support it. They're likely always going to be opposed to higher density residential. If it's done right, it doesn't really impact the neighborhood. Council Member Johnson stated that she would rather see a duplex here and there throughout the City rather than one five (5) acre parcel of just duplexes and there is a need for multifamily in Ivins. Mayor Hart indicated that the City Council needs to determine if multifamily is appropriate on this lot here and if not, why. Council Member McDonald stated he is a proponent of personal property rights and balance with surrounding properties and agreed that the City will soon be in desperate need of affordable housing but he was not convinced that this particular lot is the place for multifamily housing. He was in favor of the Planning Commission's recommendation to deny the amendment. Council Member Densley didn't want to send a message that this lot size is too small because it depends on the area where the multifamily is proposed.
MOTION: Council Member Densley moved to approve the Planning Commission's recommendation to deny a proposed amendment to the Ivins City Land Use Plan from Medium Density Residential to High Density Residential located at approximately 277 North Main consisting of .29 acres
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mehr |
ABSENT |
Agreement
Dale Coulam clarified that this is a formality that would incorporate the student housing as part of the educational facility. There were no comments or concerns expressed by the Mayor or City Council.
MOTION: Council Member Roberts moved to approve the First Amended Development Agreement for Rocky Vista University student housing
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mehr |
ABSENT |
Chuck Gillette inquired if the City Council members looked at the light in the Cantera Cliffs subdivision. Mayor Hart stated that he thought the color was great and that the lamp post didn't appear to be much different as it related to glare. The City Council members agreed. Mayor Hart inquired about other options. Chuck Gillette clarified that the other option was to stick with the high pressure sodium lamp until there's an LED lamp that that's more shielded. He expects that that will happen in the future. Mayor Hart inquired how many lamps they're talking about. Chuck Gillette stated there are four (4) lamps on Highway 91 and approximately four (4) lamps going in for the Rocky Vista project. The guidance he's received on the base is to proceed with the two projects using the decorative base and the heavier poles. He indicated that there is another light that will being going in on Highway 91 at Indigo Trails, which is the new subdivision off of Highway 91. The developers are re-purposing an existing light from the previous developer. They have approached Chuck with an idea that the City Council may want to consider no street lights and only bollards or some sort of alternative lighting in that area because it's considered a rural area. Indigo Trails would prefer to not place a light for their subdivision on Highway 91. The Mayor and City Council stated a light needs to be in that location. Council Member Densley inquired what was decided regarding the bollards in front of Rocky Vista University. Chuck Gillette indicated they decided to put the LED style in for the bollards. Dale Coulam suggested the City could approach the replacement project along Center Street in sections, which makes it easier to budget for. Chuck Gillette stated that he will proceed as the City Council discussed previously and keep using the high pressure sodium in the tall lamps. Mayor Hart indicated that's not what he understood. In his opinion, the difference in color isn't a significant amount of glare and the long life lamp should be installed. Chuck Gillette stated that may not be an option for the two current projects, Highway 91 and Rocky Vista University, because he already approved the ordering of their materials based on the City Council's previous discussion. The Mayor and City Council recalled discussing this at the prior City Council meeting and thought they decided differently. Chuck Gillette indicated he asked for direction at the previous City Council meeting so he could approve ordering materials and he understood the direction he received was to continue using the high pressure sodium for the tall lights and go with the LED for the low lights. Mayor Hart stated he personally thought that was a mistake. The City Council preferred to proceed with using LED's. Dale Coulam referred to the City Council Minutes from the last meeting and confirmed that Chuck's understanding was correct. From the Minutes, the City was going to stick with the high pressure sodium for now. Chuck Gillette indicated he will check and see if they can change the order to the LED style.
Chuck Gillette referred to another item that was not on the agenda and would need to be placed on a future agenda regarding the Indigo Trails subdivision. He stated that the Master Plan allowed an option to the alignment of the road that comes out of Kayenta down 600 West and ties into Highway 91. The future agenda item would be to discuss whether or not to make that realignment and name that whole road "Kwavasa Drive" as well. Dale Coulam clarified that was an option that has to come back to the City Council to consider on a future agenda. The name issue can't be considered until the realignment is approved by the City Council. At that time, the City Council could also consider the name issue. Once agreements with the land owners have been worked out and are in place, this could come forward for discussion on a future City Council agenda.
Agreement
Council Member Roberts disclosed that his son manages Jones and DeMille Engineering. Chuck Gillette stated that there are two parts to this agenda item One is a Work Agreement with Washington County. Ivins City received a grant for construction of debris basins in the Kayenta area. The engineering is 100% funded by the NRCS (Natural Resources Conservation Service) for those and the construction 75% funded by the NRCS. The Work Agreement identifies that and as part of agreeing to the Work Agreement, the City would approve moving forward with approving an expenditure for the engineering services. A committee selected Jones and DeMille Engineering and at the time they were selected solely on qualifications and not costs. They now have the costs and they are higher than what his staff report indicates. He requested that the City Council approve the expenditure and instead of putting in a dollar amount, indicate that the funding limit will match what the NRCS funding limit is.
MOTION: Council Member Densley moved to approve Work Agreement with Washington County for NRCS emergency watershed protection funding and approval of expenditure for engineering services to construct Kayenta Debris Basin not to exceed the NRCS funding limit
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mehr |
ABSENT |
Application
Application
Map
Ordinance
Planning Commission Minutes 2016-02-16
Planning Commission Minutes 2016-03-01
Planning Commission Minutes 2016-03-15
Planning Commission Minutes 2016-04-05
Planning Commission Minutes 2016-04-19
Planning Commission Minutes 2016-05-03
Planning Commission Minutes 2016-05-17
Planning Commission Minutes 2016-06-14
Dale Coulam indicated this property located on the south side of Highway 91 between Main Street and 200 West and adjoins the Pendleton property to the west. As the overlay idea came forward, the Planning Commission recommended denial of an RV park or resort. After it came to the City Council, the City Council wanted to look and see if the City could come up with an ordinance for a higher end RV resort as opposed to an RV park or campground. It went back to the Planning Commission and the proper procedure then was for a land use change to be considered followed by the drafting of a new zoning district for RV Resorts. Public Hearings were held before the Planning Commission on the proposed amendment to change the Land Use Plan to allow an RV Resort. The Planning Commission again unanimously recommended denial of the Land Use amendment. Nevertheless, as instructed, the Planning Commission also drafted an ordinance to create a zoning district for RV resorts. If the City Council does not follow the Planning Commission's continued recommendation for denial of the land use change, the City Council would then consider the RV Resort ordinance. If the Council adopts the ordinance, the applicants would need to proceed with a Zone change for that specific property to become zoned as RV Resort. Tonight is an introduction of the Planning Commission's recommendations to the City Council, along with the materials and discussions that have been considered in making these recommendations. The City Council now needs to consider discussing this further before Public Hearings are held at the City Council level. The City Council may or may not want to do that tonight, considering that Council Member Mehr is not present at tonight's meeting. The Council could also move forward and instruct staff to proceed with setting this for Public Hearings. Applicant Jan Graf handed the Mayor & Council his comments on the proposed ordinance that he had previously emailed. A copy of those are available by request through Ivins City Hall. Mayor Hart stated he was approached by an individual on the Snow Canyon State Park Advisory Board, representing the equestrian community who told the Mayor that there is a great need for an equestrian accommodating resort. Mayor Hart inquired if there could be a qualifier if the resort is adjacent to an approved system of equestrian trails or similar. Dale Coulam clarified that you could do that and what the applicants were proposing was six (6) to eight (8) equestrian sites. The Planning Commission focused on a high end RV resort use and did not feel that piece fit. Mayor Hart indicated that another significant part of this is the transient room tax and inquired if there is an alternative that would allow people to stay longer and the City still receive the transient room tax. Dale Coulam stated no and that in order to qualify for transient room tax under the current Utah Code, the Tax Commission states in its written materials that it is 29 consecutive days or less, which is consistent with the statute. Individuals staying for that length of time would have to vacate the resort with everything for at least one (1) day in order to break the consecutive days. Mayor Hart inquired if there was something like a 29 day gift to the City or similar. Dale Coulam indicated no and stated that the written materials that Wally Ritchie obtained and staff reviewed, were clear that that type of thing could not take place to get around the 29 day limit. However, that's a State issue and not a City issue. The Mayor and City Council agreed to continue this as a discussion item on the next City Council agenda.
Agreement
Dale Coulam indicated that the City approached Washington County about using some of their tourism money to help put in a trail to Sentierre/Tuacahn and to pave the entrance and parking at Fire Lake Park. For years Ivins has been trying to find a way to get a safe trail up to Tuacahn along Tuacahn Drive because that is not a safe road to walk, run, or bike. This Agreement was drafted by the County Attorney's Office and has already been approved by the Washington County Commission. The City Council inquired about budgeting and paying for the trail. Wally Ritchie clarified that it is in the budget and the loan can be repaid with impact fees, RAP (Recreation, Arts and Parks) tax, or both.
MOTION: Council Member Johnson moved to approve the Interlocal Cooperation Agreement between Washington County and Ivins City regarding the Construction of a paved trail along Tuacahn Drive
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
| Council Member Mehr |
ABSENT |
Council Member McDonald - no report
Council Member Johnson - no report
Council Member Roberts commented that residents are lucky to live in this area where there is a minimal amount of mosquitoes.
Council Member Densley reported that a position on the Snow Canyon Citizen Advisory Council has expired and Ivins may want to nominate someone to be on that board. Mayor Hart clarified that the Joint Management Committee Board approves the Advisory Board members. Council Member Densley reported that the campground is closed in Snow Canyon State Park is closed because they are adding more campsites and hookup sites.
Mayor Hart reported that he attended an HCP (Habitat Conservation Plan) meeting there was an issue regarding a development in Ivins that has platted lots that extend into The Reserve and they're working through that situation. The developer donated a corner section of the Palisades at Snow Canyon to Ivins City but does not extend to the Red Cliffs Desert Reserve boundary. He reported that he attended the Mrs. Utah America Pageant and Mrs. Ivins, Brittany Hollingshead, was the First Runner Up to Mrs. Utah.
Dale Coulam referred to the Utah League of Cities and Town conference that will be held in Salt Lake City in September over a City Council meeting date. He reported that there are some complications in that there are several events occurring at the same time in the area and there are very few hotel rooms available. Additionally, Heritage Days is on that same Friday and Saturday.
| D. |
Items to be placed on future agendas |