All present included Mayor Hart,
Council Member Mehr,
Council Member McDonald,
Council Member Johnson,
Council Member Elliott,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Director of Finance Wally Ritchie,
Public Works Director/City Engineer Chuck Gillette,
Parks and Recreation Director Benny Sorensen,
Director of Public Safety Bob Flowers,
and
Building and Zoning Administrator Mike Rodriguez.
EXCUSED: None.
Audience: Claudette Larsen, Glenn & Margaret Crespin, Shelley Haupt-Teeples, Vinnie Pisani, Vincent Festa, Richard Svien, Louis & Linda Mellito, Karen Martinez, Cliff Gustin, Allen Hall, Mike Shepherd, Tom Heatin, Suzy Appel, Kent Frei, Lance Anderson and others who did not sign in.
Mayor Hart acknowledged there was a quorum present.
Council Member Johnson led the Flag Salute
Council Member Johnson gave the Invocation
Council Member Elliott referred to agenda items 4)A and 4)B and disclosed that she has entered into a purchase agreement for property south of the property identified in agenda items 4)A and 4)B, in the Silversage development. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Staff Report
Application
Map
Mike Rodriguez reported that this subdivision is a 17.57 acre lot that is being subdivided into 49 lots. The proposed improvements appear to be in compliance with City ordinances and is consistent with what was approved by a prior City Council.
Chuck Gillette provided a PowerPoint presentation to the Mayor and City Council, a copy of which is available by request through Ivins City Hall. The current standards and features are architecturally distinctive, matches the bollard light well, is Night Sky safe, 100% indirect lighting and the high pressure sodium color is warm 2700 kelvin. The disadvantage of these are that the pole is too skinny to hold banners, they're expensive and the manufacturer is the sole source. Lighting companies don't like the high pressure sodium lights and the model Ivins uses has been discontinued. There are a few options: Option A) Keep the same pole but use LED bulbs. The advantages of that would be that they are close to the same look and the City would save energy and maintenance costs. The disadvantages to the LEDs are that the light isn't as indirect and there is more glare from the lighting element. They also are not as good for the Night Sky protection; Option B) Choose a new style of Selux Saturn; Option C) Chose a new style of Kim Bounce; or Option D) Chose a new style of ANP Lighting. Council Member Densley inquired if Rocky Mountain Power charges a flat rate on the lights. Chuck Gillette clarified that they charge a flat rate and meter depending on the situation. If there is more than one light, they will install a meter base or direct connect. Council Member Johnson would like to see an example of the LED light to see what it actually looks like. Chuck Gillette stated that if the Council is willing to wait 4-6 weeks, he can have one made. Council Member Mehr indicated that they should wait and see an example. Council Member McDonald commented that there didn't appear to be a lot of options. Chuck Gillette clarified that the City could change the pole style. Mayor Hart stated that the City tried a lighter light but received several complaints. The original high pressure sodium lights have a golden cast and aren't harsh. The lights in the bollards on Center Street from Snow Canyon Drive to 200 East look like Halloween lights because the color band is beyond what's available but he has been told by a resident that there are LED options that are now within the band color. Council Member Densley inquired how many fixtures the City would have to change out. Chuck Gillette stated approximately 40 to 50. The Mayor and City Council agreed to wait and see what some of the other options are. Council Member Densley commented that he'd also like to see if the City can go directly to the manufacturer rather than through a distributor. Chuck Gillette indicated that it would be nice to choose a style where more than one manufacturer makes the fixtures. He will order some demos and do more research.
Parks and Rec Report
Public Safety Report
Benny Sorensen provided a written report, a copy of which is available by request through Ivins City Hall. They are ready to start baseball on May 16th. The splash pad will open when school gets out. They're continuing to work on Ivins Desert Rose Park where they poured sidewalks, installed irrigation and planted plants. He reported that the restroom that was supposed to be delivered to Desert Rose Park was damaged when the company was loading it to bring to Ivins. The last update was that the restroom will be delivered towards the middle or end of May. The Ironman will be held the weekend of May 5th. The City put out an RFP (Request for Proposals) for the entry sign into the City from Highway 91 but received no responses so City employee Jennifer Chapman is putting together some designs and they will bring those forward to the City Council to look at. Mayor Hart requested that she include the suggestion originally submitted by Terry Marten.
Chief Flowers reported that there has been an increase in fraud. An individual from American Express will be putting something together for Public Safety for them to review and he expects to have that information in the next month. Council Member McDonald inquired if there has been any headway on the individuals who broke into and swam in the Tuacahn tank. Chief Flowers indicated that it's an active investigation.
Fire Chief Nelson reported that the wildland season is starting and the crew is actively working in Grass Valley and hoping to get them available nationally soon. He is looking at fireworks restrictions. There is a new law that has come into effect so they are looking at their ordinances and will be submitting information to the County so that the fireworks distributors in the County know what the requirements and restrictions are.
Chairperson Loris reported that the Planning Commission saw a presentation of the Master Plans for Culinary and Irrigation Water as well as the Concept Plan for the Altura Subdivision. They held a Public Hearing regarding Multi-Family building lengths and storage in the CLM Zoning District. After a lengthy discussion, the Planning Commission recommended approval and forwarded that onto the City Council. They also approved three (3) Final Plats for the Kayenta development.
Mayor Hart indicated this comment was brought forward from the prior City Council meeting. R.T. Marten stated that his history with Ivins goes back 30 years or more and he encouraged the City Council to continue to follow the influence of those who have served previously. He was concerned with losing open space, sensitive lands and aesthetics. Low density and open space has been a very important element in Ivins and still should be. He referred to high density residential and what has been built in Santa Clara on the border of Ivins near 400 East. There's a need for high density residential and low income but they need to address adequate parking and open space for recreation as part of that. Mayor Hart indicated that for those on the Council who don't remember, approximately fifteen (15) or more years ago when City Manager Judy Gubler was hired to be the City Manager, she brought residents all across the City together in this room and they went through an exercise of stating what they thought was important for the City long term. There was amazing consistency in what was important to everybody, including open space and controlling densities. He suggested that the City Council not lose sight of those thoughts and planning because that has formed a base for the City. Council Member Mehr requested a point of order and inquired if the Council would like to respond to the Citizen Comment and put it on a future City Council agenda. Mayor Hart suggested that it be addressed at the end of the agenda under "Items to be placed on future agendas".
Planning Commission DRAFT Minutes
Mike Rodriguez indicated that this is the old Tuscan Grove project that borders Tenaya Sands. The development was approved as RE-20 with a Subdivision Overlay in 2006 with considerable open space and a "park" site in the center of the development. The property went through some delays and was not recorded and never completed. The new applicants would like to turn the park site into one lot for a home. The input from the public at the Planning Commission and the Planning Commission's recommended was RE-15 with an incentive to apply for a Subdivision Enhancement Overlay and that has now been done with an application. It is essentially the exact same zone as Tenaya Sands with 23 lots instead of 22 lots. Dale Coulam explained the surrounding densities and stated that the majority of the lots in this subdivision are larger than those in Tenaya Sands. The applicant has also now filed a Preliminary Plan and showed it to the Council. They are asking for one more lot than the original plan that was previously approved. Mayor Hart opened the Public Hearing. Vinnie Pisani resides in Tenaya Sands and his home backs up to the subject property. He was concerned that the developer was looking to use their property and their walls and felt that put them at risk. There are ten (10) properties in Tenaya Sands that back up to this development. A resident who did not give his name was concerned with their property values and did not want to see two-story homes. He hoped that the subdivision would be similar to the footprint of the Silversage subdivision and that the developer will keep dust to a minimum during construction. He was happy that it's being developed because he's tired of the motorcycles on that property. Lewis Molito's property abuts up to the development and he's glad it's happening but was concerned with the higher density. He would like to see it developed as RE-20 and to keep the park in the plan because parks are important. Vincent Festa indicated that a precedent is being set. He liked the original plan and requested that they leave it that way. Glen Crespin was concerned with what kind of house the developer is going to put in. There being no further comments, Mayor Hart closed the Public Hearing.
Staff Report
Application
Map
Original Plan
Ordinance
Dale Coulam clarified that the City does not require walls or a building permit for a standard wall. He referred to the Subdivision Enhancement Overlay or the previous Development Agreement that requires the homes be limited to single story. From time to time the City has been successful in negotiating with the developer to build single family homes. The maximum height can be 25 feet and that is what applies. Mayor Hart inquired if the City has rejected the park. Dale Coulam indicated that was the case because it's on the interior so it doesn't serve the community as a park, it's too small and the City does not want to maintain it. It is appropriate for the City Council to grant a Subdivision Enhancement Overlay allowing the 23 lots as shown on their Preliminary Plan. Council Member McDonald inquired if the only change to the plan is instead of the park, they're asking for a building lot. Dale Coulam stated yes, with slight variation in lot size from the original plan. It is less dense than the Tenaya Sands development. Council Member Mehr inquired if the City is recommending a denial. Dale Coulam clarified yes for the Land Use Change. If the City Council is inclined to zone this project identical on the Zoning map as Tenaya Sands, it's still low density on the Land Use map so they would deny that but zone it to RE-15 with a Subdivision Enhancement Overlay to allow the 23 lots as shown on the Preliminary Plan. Council Member Mehr inquired if there's any guarantee that the developer is going to develop this as they've shown. Dale Coulam clarified that there's no guarantee but the developer filed a Preliminary Plan already, which is more information than the City Council usually sees.
MOTION: Council Member Elliott moved to deny the proposed Land Use Amendment from Low Density Residential to Medium Density Residential and to approve a Zone Change from RE-20 with Density Bonus (lot sizes ranging from 10,500 to 20,000 sq ft) to RE-15 (Residential, minimum lot size 15,000 sq ft) with the subdivision enhancement overlay for 23 lots shown on the Preliminary Plan
SECOND: Council Member Densley
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Mike Rodriguez indicated that a major facility of a public utility is not an allowed use in a C-1 zone. The proposed Zone Change from C-1 to CLM will allow applicant Rocky Mountain Power to expand the existing substation use and be in compliance with the allowable use in the appropriate CLM zoning district. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Staff Report - Application - Map
Ordinance
There was no discussion.
MOTION: Council Member Densley moved to approve Ordinance No. 2018-13, an Ordinance of Ivins City, Utah, regarding a Zoning District Amendment on property located at approximately 100 South 300 East from C-1 (Community Commercial) to CLM (Commercial with Light Manufacturing) on 1.21 acres
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Staff Report - Application - Information
Mike Rodriguez reported that Rocky Mountain Power has asked to expand the existing substation use to be in compliance with the allowable uses in the CLM Zoning District. Staff has reviewed this and the proposed expansion appears to be in compliance with City Ordinances. Staff and the Planning Commission recommend approval. There was no discussion by the Mayor and City Council.
MOTION: Council Member Johnson moved to approve a Class V Conditional Use Permit to expand an existing substation located at approximately 100 South 300 East. Rocky Mountain Power-Owner/Applicant
SECOND: Council Member Elliott
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Mayor Hart indicated that he attended a Water Conservancy District board meeting this week where General Manager Ron Thompson was talking about issues relating to Master Plans, the cost to build a reservoir in Ivins, who would pay for that, the storage capacity of the reservoir and other similar concerns. The Water District has indicated that they need to conduct a west side study. He stated that Ron Thompson proposed a meeting with the City Council, Planning Commission, Public Works staff and the consultant to talk about this and answer questions they may have. Mayor Hart stated that he hasn't had time to go through both Master Plans and would prefer the approval of these plans be postponed until after the meeting suggested by Ron Thompson. Council Member Densley indicated that the Ivins Irrigation Company should be involved in that meeting as well. Mayor Hart agreed. The Mayor and City Council agreed to move forward with setting up the meeting suggested by Ron Thompson and postpone approval of these Master Plans until after that meeting.
MOTION: Council Member Densley moved postpone approval of the Culinary Water Master Plan and the Ivins Irrigation Water Master Plan
SECOND: Council Member Elliott
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Revenue & Expenditures
Attendance
Council Member Densley stated he attended a meeting where they discussed capital improvements, repairs and participation. The school district uses the facility approximately two (2) months out of the year and they have an agreement where the school district is granted the option to use the facility at no charge and then the cities are able to us the school facilities at no charge. Sand Hollow is one of the fastest pools in the State of Utah because of the depth of the pool. He encouraged the Heritage Days Committee to take advantage of a free day use of the pool and provide a free day to residents as part of the Ivins Heritage Days celebration. He reported that the outside cover is designed to last 15 years. The cover is older than that and the City of St. George is getting ready to bid that out to replace it. At the next meeting they will be discussing re-writing the agreement to address major improvements to need to occur.
Letter
Agreement
Certification
Dale Coulam indicated that this is required by the City because Ivins participates in URS (Utah Retirement System). There was no discussion.
MOTION: Council Member Elliott moved to approve the Local Public Safety and Firefighter Surviving Spouse Trust Fund Cost-Sharing Agreement
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Chuck Gillette stated that the project is nearly completed with the underground and is expected to be ready for asphalt in two weeks. Prior to the asphalt being installed it is necessary to export and import as much soil as possible to avoid causing damage to the new asphalt. Staff has negotiated the prices and the contractor has agreed to track time and materials and reduce the unit prices if the actual cost is less than the projected cost. He requested that the City Council approve the change order expenditure for the additional work to be done. Council Member Mehr inquired if the City has the budget to do this. Dale Coulam indicated that the City has sufficient funds to cover the additional work. Council Member Densley inquired as to the spillway. Chuck Gillette clarified that the Water District bid that out along with other work and it came back triple the engineers estimate. They may provide the money to Ivins and then Ivins may use it's own contractor. Dale Coulam stated that another factor is the City doesn't own that property yet and is concerned about that. He inquired of Chuck Gillette as to the progress of that. Chuck Gillette indicated that the current owners are ready to move forward and record it and it's now a matter of priority for the engineer to get it done. Dale Coulam indicated that it's holding up the contractors. Chuck Gillette acknowledged that Sunroc expressed a concern of not being able to pre-lien the property.
MOTION: Council Member Densley moved to approve an expenditure for additional excavation work at Fire Lake Park at Ivins Reservoir not to exceed $87,000
SECOND: Council Member Mehr
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Resolution & Job Description
Dale Coulam reported that he received a text just before this meeting notifying him that Wally Ritchie has been nominated to the Private Activity Bond Review Board and that's a State appointment. He reported that Wally has once again received the GFOA (Government Finance Officers Association) CAFR (Comprehensive Annual Financial Report) award. Ivins City is the only City south of Utah County that has received those awards, along with the PAFR (Popular Annual Financial Report) and Budget award. Wally serves in various positions and attends meetings at the Utah League of Cities and Towns and the City Manager's Association. Cities state-wide are going to this position and Wally is deserving of it.
MOTION: Council Member Mehr moved to approve Resolution No. 2018-11R, a Resolution of Ivins City, Utah, creating the position of Assistant City Manager and appointing Wally Ritchie to that position
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Council Member Mehr reported that he will not be in attendance at either City Council meeting in July. He referred to agenda item 5)E and stated that he was disappointed at how the City Council handled that. It doesn't feel fiscally conservative to say it's free money, let's take it or it's a no-brainer. He relies on City leadership and felt the introduction was very insufficient and the Chief of Police wasn't present to speak to the grant and the presenter didn't have the appropriate data. He felt that agenda item was rammed through and wished addressing that agenda item could have occurred in a different manner.
Council Member McDonald reported that he will not be present at the next City Council meeting.
Council Member Johnson reported that the Ivins Princess Pageant will be held this Saturday, May 5, 2018 at 6:00 p.m. at the Snow Canyon High School auditorium. Mayor Hart commented that Mrs. Ivins has worked along side Ms. Svedien on that. Council Member Johnson reported that on May 11, 2018 they will will hold Kickball with the Cops at Gubler Park at 4:30 p.m. and that will benefit a member of the Santa Clara staff whose child has terminal cancer. She also reported that she will not be here the first week in July gone.
Council Member Elliott - no report
Council Member Densley reported that he will be gone the month of July.
The Mayor and City Council determined to cancel the July 5, 2018 City Council meeting.
Mayor Hart reported that the special meeting with Ron Thompson with the Water Conservancy District and other parties is tentatively scheduled for Thursday, May 24, 2018.
Dale Coulam provided a draft of the proposed changes to the Administration and Purchasing Ordinance for the City Council to review. It will be discussed at the next City Council meeting. He reminded the Mayor and City Council that their pay stubs will be sent by email rather than printed on paper. He reported that he will not be at the next City Council meeting, as he will be attending the Utah Local Governments Trust Annual Meeting in Salt Lake City.
Mayor Hart commented that the points brought up by Terry Marten are those that are essentially already addressed in City ordinances and clarifications are already being address by Dale Coulam. Terry Marten's comment will not come forward as a future agenda item.