All present included Mayor Hart,
Council Member Mehr,
Council Member McDonald,
Council Member Johnson,
Council Member Gordhammer,
and
City Recorder Kari D. Jimenez.
STAFF:
Director of Finance, Lane Mecham,
Building and Zoning Administrator Mike Rodriguez,
Public Works Director/City Engineer Chuck Gillette,
and
City Engineer Tom Jorgensen.
EXCUSED:
Council Member Elliott
Audience: Lance Anderson
Mayor Hart acknowledged there was a quorum present. Mayor Hart, Council Members Johnson, McDonald, Gordhammer and Mehr were present via the electronic "Zoom" platform. Council Member Elliott was excused. Mayor Hart requested a roll call of the City Council Members. Each City Council Member who was in attendance, acknowledged their presence. Mayor Hart recognized that City Manager Dale Coulam was unable to be present tonight.
Council Member Gordhammer gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Building Report
Public Works Summary of Operations
Engineering Report
Monthly Budget Report
Mike Rodriguez reported that the City has issued 230 single family permits for the calendar year and new homes are continuing to be being built, along with new subdivisions coming forward. Four (4) of Canyon Crossings building plans have been processed and approved for code compliance. The plans for the new City Hall and the remodel of the existing City Hall were reviewed and approved. There are also a lot of solar permits, remodels or additions on homes.
Chuck Gillette reported that the handicap ramps have been installed on Center Street by Vista School. The City is installing waterline on Highway 91 between 400 West and 500 West in the next couple of weeks. Council Member Mehr referred to plans for a roundabout on Highway 91 and inquired if there is consideration for larger trucks, boats and camp trailers being towed and similar. Chuck Gillette commented that roundabouts are not friendly to trucks but the way that they try to address that is to use a 200 diameter circle roundabout, which is about the same size as the roundabout where the horses are.
Lane Mecham reported that there is not a lot to report because it is early in the fiscal year and things are progressing normally. The City is providing Bond Counsel and the Financial Advisors what they need to put the documentation together for the bond.
Statement
Alternatives Presentation
Chuck Gillette provided a presentation to the Mayor and City Council, a copy of which is available on Ivins website attached to this agenda. He reported that the comment period is going on right now regarding the Northern Corridor and closes September 10, 2020. If anyone would like to comment, they can send an email to cvenhuizen@blm.gov. There are some pretty strong vocal proponents of the Northern Corridor, the strongest being Washington County. Other proponents of the Northern Corridor are the Dixie Metropolitan Planning Organization (MPO)- Ivins City is part of the MPO. Chuck Gillette sits on the advisory committee and Mayor Hart Chairs the Executive Committee. The MPO is strongly and vigorously supporting the Northern Corridor. There are also those that are opposed to the Northern Corridor, primarily the Conserve Southwest Utah group. The purpose of the Environmental Impact Statement is to look at all of the issues that are important to the community, environment, social justice, socio-economics and similar. The scoping process takes all of the ideas, comments and potential alternatives and narrows them down to a limited group of alternatives. In this case, it has been narrowed down to six (6) alternatives. These alternatives and the project cost estimates are on Ivins website attached to this agenda. The first alternative is the "No Action" alternative. The second alternative is the "T-Bone Mesa Alignment" which is the most preferred alignment from the MPO's perspective. Alternative #3 is the "UDOT Alignment" and considered to be a compromise between the more preferred "T-Bone Mesa Alignment" version and the less preferred "Southern Alignment" which is alternative #4. Alternative #5 "Red Hills Parkway Expressway" - opponents of the Northern Corridor are most interested in this alternative as the preferred option and alternative #6 is the "St. George Blvd./100 S One-Way Couplet". Those two alternatives were not Northern Corridor alternatives at all. They are alternatives that try to use existing roads and not have a Northern Corridor. Washington County has been a strong proponent of creating additional habitat for the Desert Tortoise and have proposed an area known as "Zone 6" and is intended to mitigate some of the impacts to the Desert Tortoise habitat. From a mobility/traffic perspective, the Red Hills Parkway option would move traffic really well but maybe not a good option because of the other impacts it may cause. Mayor Hart commented that 25 years ago Washington County identified the need for an East/West route that bypasses St. George City. Council Member Mehr referred to the abandoned freeway pillars that you see when you drive up Highway 18 towards The Ledges and inquired if they have thought of that alignment. Mayor Hart indicated that they have. There is an alignment that bypasses the Reserve to the north but it is a treacherous route and expensive. Based on traffic studies, traffic is not likely to detour that far and the use would not be sufficient to justify the expense. Council Member Mehr referred to on-ramps, off-ramps, gas stations, restaurants and similar and inquired if that is the vision or if the Northern Corridor would be pristine with no option to exit. Mayor Hart stated the vision is for no access and no businesses. The corridor would function as fire access so there would be gates placed systematically. Council Member Mehr inquired if there were ways for wildlife to move freely without impacting traffic. Mayor Hart indicated that there will likely be options for wildlife to pass under the corridor and there are eco-overpasses but in this case, since tortoises are underground, it's more than likely that passage would be in the form of tunnels under the road. Council Member Mehr would hate to see St. George build the two one-way option because he felt it would destroy the character and businesses. Council Member Gordhammer commented that she is going to personally read up more on all of the options but she was familiar with Zone 6 that is close to the Bearclaw Poppy Mountain Bike Trail. She advised the Mayor and City Council to drive down and look at Zone 6 because it is not pristine desert. There is a shooting range going on there and is not what she would consider prime desert tortoise habitat. Mayor Hart stated that he agreed from an ecological standpoint, there are concerns with roadways and the Biologist he spoke with said that segregation of tortoise populations is the biggest concern.
Presentation
Lane Mecham provided a presentation to the Mayor and City Council. A copy of the presentation is available on Ivins website attached to this agenda. He reported that there was a huge spike in unemployment in Washington County due to COVID-19. Currently the state is monitoring that. Regarding gross taxable sales, Washington County has done better than the rest of the State. The General Fund is right in line with what was expected, as are expenditures in the General Fund. Regarding the economy, there is a lot of uncertainty.
Mike Rodriguez reported that the Planning Commission held a Public Hearing on a Class IV Conditional Use Permit for the Sentierre Development. They also held a Public Hearing on Concurrent Land Use and Zoning Amendment, as well as a Public Hearing on a General Plan Amendment to the Transportation Master Plan. The Applicant for both of those Public Hearings was Patrick Manning. After holding these Public Hearings, the Planning Commission approved the Conditional Use Permit for the Sentierre Development and made recommendations for approval of the other two Public Hearings, which will proceed to the City Council for Public Hearings. The Planning Commission continued discussion and recommended approval on a Zone Change for property located on Puerto Drive and 400 South. That will move forward to the City Council for a Public Hearing. The Planning Commission approved a Final Plat for Kanta Village Phase 1 and discussed proposed zoning text amendments regarding grading.
Mayor Hart referred to agenda items 4)A & B and asked that those items be continued based on the Public Hearing noticing not being adequate to act on those agenda items this evening.
| A. |
Public Hearing on the Planning Commission’s recommendation on a Concurrent Land Use Amendment from HDR (High Density Residential) and CLM to CLM (Commercial Light Manufacturing, and Zone Amendment from RA-5 (Agricultural District, minimum lot size 5 acres to R-1-5 (Residential Single Family, minimum lot size 5000 sq ft) and CLM (Commercial Light Manufacturing) on approximately 14.718 acres located at approximately Highway 91 and Crescent Moon Village. RT Marten, LLC-Owner. Kayenta Development-Applicant |
Public Hearing Notice
| B. |
Discuss and consider approval of Ordinance No. 2020-07, an Ordinance of Ivins City, Utah, regarding a proposed Lane Use and Zoning District amendment on 14.718 acres located at approximately Highway 91 and Crescent Moon Village |
Map
Staff Report
Application
Planning Commission Minutes
Ordinance - Tab to Follow
MOTION: Council Member McDonald moved to continue agenda items 4)A & B to a future City Council meeting
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Elliott |
ABSENT |
Mayor Hart requested a roll call vote. All Council Members that were in attendance via the Zoom meeting platform, voted in favor.
Public Hearing Notice
Mike Rodriguez reported that the Applicant is proposing a concurrent Land Use and Zone Change from Low Density Residential to Medium Density Residential and a Zone Change from Residential Agricultural, minimum lot size of five (5) acres, to Residential Single Family, minimum lot size 7,500 sq ft. The parcels are located just east of the existing Mojave Mesa subdivision. Mayor Hart opened the Public Hearing. Council Member Mehr inquired if Lance Anderson could speak to Commissioner Jeff Loris' concerns regarding not wanting to change everything to high density. Lance Anderson indicated that they are always shooting for lower density and and to not have any high density on the south side of Highway 91 but he is already fighting townhomes, the commercial center and Movara. He needs to bring things in that area to fit that environment. There being no other comments, Mayor Hart closed the Public Hearing.
Map
Staff Report
Application
Planning Commission Minutes
Ordinance
Council Member Mehr stated that given Lance Andersons explanation and trying to buffer from what he's dealing with, he supported this request.
MOTION: Council Member Mehr moved to approve Ordinance No. 2020-08, an Ordinance of Ivins City, Utah, regarding a proposed Lane Use and Zoning District amendment on 9.39 acres located at Mojave Way and Guy Lane
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Elliott |
ABSENT |
Mayor Hart requested a roll call vote. All Council Members that were in attendance via the Zoom meeting platform, voted in favor.
Application
Plan
Mike Rodriguez reported that this subdivision is a 7.92 acre lot being subdivided into 24 lots. The proposed improvements will be required to be in compliance with City ordinances once the property is developed. This subdivision will be developed in two (2) phases and will require a Development Agreement. Council Member Mehr inquired what the egress is off of Highway 91. Mike Rodriguez stated that there will not be any off of Highway 91, that will be from 200 East. It is the same plan that was before the Planning Commission.
MOTION: Council Member Mehr moved to approve a Preliminary Plan for the Red Mountain Terrace Subdivision on approximately 7.92 acres located at approximately 200 East and Old Highway 91. B&V Investments, LLC-Owner. Brett Kee-Applicant
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Elliott |
ABSENT |
Mayor Hart requested a roll call vote. All Council Members that were in attendance via the Zoom meeting platform, voted in favor.
Ordinance - Draft
Staff Report
Planning Commission Minutes
Mike Rodriguez reported that the Planning Commission held a Public Hearing on August 4, 2020 after several meetings discussing how to change the method to calculate densities for multi-family developments by providing density bonuses using a percentage method of site coverage rather than the current method in the City'z Zoning Code of calculating the number of individual dwelling units per acre. The proposed new method allows for consideration of additional density bonuses based on the number and types of recreational amenities and/or building heights and sizes. Council Member McDonald would like a presentation of a property or two of one that is finished and one that is not and scenarios of what a density bonus looks like. The other City Council Members agreed. Mayor Hart commented that he thought that the Planning Commission did a good job on this and covers the concerns brought to them and the impacts this would have on moderate income or attainable housing in Ivins.
MOTION: Council Member McDonald moved to table this to a future meeting
SECOND: Council Member Gordhammer
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Elliott |
ABSENT |
Mayor Hart requested a roll call vote. All Council Members that were in attendance via the Zoom meeting platform, voted in favor.
The City Recorder requesting clarification as it relates to setting this for a Public Hearing. The Mayor and City Council clarified that this would be tabled to a future meeting where a presentation would be provided to them and then a Public Hearing set after the presentation has been made.
Lane Mecham indicated that the way that Ivins City's policy works right now is that if a tenant lives in a home, the guarantor on the utility bills is still the landlord/homeowner. An issue that has been created by this is that with the City not shutting off utilities or assessing any penalties right now, the concern or risk is that a homeowner could be liable for a utility bill that goes unpaid and continues to accrue. Any incentive to pay the bill and keep the service on is currently not there. Council Member Mehr commented that a homeowner could be left holding the bag and he did not originally contemplate renters, only homeowners. There is help available for renters but was not sure that help should come from the landlord. Council Member Gordhammer indicated that she did not think about this loophole either and it took her back to CARES funding where she didn't feel that that funding should be available to individuals. That would need to be researched to see what options would be available to someone that would find themselves in a situation where they are unable to pay and at least suggest some way to receive assistance. Council Member Mehr inquired what Ivins policy was prior to COVID-19. Lane Mecham clarified that after 60 days if the bill was not paid, services would be shut off. Generally someone would then make a payment because they don't have any water. Once they have paid, the the service is restored. The policy is the same and it has always been the policy that the home owner is responsible for the bills that go with that property. The owner is ultimately responsible for the bill and that policy has not changed. Council Member Mehr inquired if it was correct to say that the City stopped giving the 60 day notice for non-payment because of COVID-19. Lane Mecham stated that the notices continue to go out but the City does not say that they are going to be shut off, just that they are subject to being shut off. Mayor Hart indicated that if the property owner is ultimately responsible, any notice that goes to the address of the home, ought to go to the owners address as well because they need to be aware that they may be on the hook. Lane Mecham stated that the water service application is explicit that owners are ultimately responsible for the bill. The owner also fills out and signs a Release and Consent form for a renter to receive the bills. That form is also explicit that the owner is ultimately responsible for the bill but the City could add a second notification address for the property owner. Mayor Hart suggested that as a first step. Council Member Gordhammer agreed. Council Member Mehr referred to the individual that contacted him regarding this issue and indicated that in this case, the landlord is aware and the tenant is not responding so there is no incentive or leverage that the property owner has with its tenant. Mayor Hart suggested that in addition to adding a second notification address for the property owner, that if the property owner is responsible for payment, that owner ought to have the right to request that the water be shut off. Council Member Mehr stated that made sense. Lane Mecham indicated that is a Landlord/Tenant issue that the City may not be able to shut the water off based on that and there is likely a legal issue there. Mayor Hart suggested that this be continued so that Council can get Dale's legal opinion. Council Member McDonald indicated that he wanted to hear from Dale before they make a final decision but stated that there is some responsibility by the property owner. The property owner has some risk in the game and ultimately should have the responsibility of the utilities that go with that property. Council Member Mehr supported continuing this discussion but indicated that the reality is, if a bill isn't paid, the question is, should the utility be turned off. Every City in America turns it off. Ivins City put it on hold because of the economic situation that was happening. It seems like that is loosening up and improving. If the utilities are turned off, that threat of it being turned off sooner, that's going to be an easier bill to pay and have family, church or someone to help pay that. If the City keeps kicking this can down the road, you will have a $700, $800, $900 water bill that is now going to be pretty impossible to pay for some people, versus a $100 bill. While the City is trying to be sensitive, supportive, helpful and sympathetic, the City may actually be creating a bigger problem for these individuals as an unintended consequence. Mayor Hart indicated that according to Work Force Services, one of the big problems currently is there are a number of people who have been asked to come back to work but refuse to because they are financially doing better with unemployment and the Federal incentive.
MOTION: Council Member Mehr moved to continue this to our next meeting
SECOND: Council Member Gordhammer
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Elliott |
ABSENT |
Mayor Hart requested a roll call vote. All Council Members that were in attendance via the Zoom meeting platform, voted in favor.
Staff Report
Tom Jorgensen reported that Staff has been working with the Bureau of Land Management (BLM) to apply to purchase or lease 100 acres south of Highway 91 so that the City can build a new Public Works yard, a new Cemetery and several recreational facilities. The City was required to complete an environmental assessment and as part of the assessment, desert tortoises and an eligible cultural site was found. Due to these findings, the environmental assessment has to include a Biological Assessment and a Historical Properties Treatment Plan for the City to continue to move forward. Council Member Mehr referred to Tom mentioning leasing the property but the document says lease or purchase and inquired if the City could purchase the property rather than lease it because the land will be more valuable in the future. Tom Jorgensen clarified that leasing is the only option because it is federally mandated that any property that has endangered species or an archeological site on it, cannot be sold so the City would not be allowed to purchase the land.
MOTION: Council Member McDonald moved to approve an expenditure for Archaeological Data Recover and Biological Assessment in support of the required Environmental Assessment necessary to acquire real estate from the Bureau of Land Management, not to exceed $22,378
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Elliott |
ABSENT |
Mayor Hart requested a roll call vote. All Council Members that were in attendance via the Zoom meeting platform, voted in favor.
Mayor Hart inquired if the City has a sample application available? Lane Mecham indicated yes and referred to an online application that included the criteria the Council discussed previously. He recommend using a program called "Zoom Grants" for the application. Several cities have used it and he has called some of the cities who have used it and they highly recommend it. The City Council agreed. Mayor Hart referred to the date in the application of June 30, 2020 and inquired if that date was a set date. Lane Mecham stated that the City Council can change that date but that it was driven by what the State did requiring closures. The Mayor and City Council were fine with the June 30, 2020 date. The Mayor and City Council went through the application and agreed that the application was simple, straightforward and easy to understand. Lane Mecham referred to the time period to apply for the grants. The City Council agreed that the time period would begin on September 1, 2020 and run through September 30, 2020. Council Member Mehr inquired how the City will be notifying businesses to let them know about this program. Mayor Hart commented that it is going to take some time for businesses to get their application together and suggested that information go out in the newsletter and on the website. Council Member Gordhammer suggested that a letter go out as soon as possible so that the bulk of people apply. She referred to Tuacahn being a 501(C)3 and their eligibility for this program. Lane Mecham clarified that 501(C)3's are businesses and eligible for this program. The Mayor and City Council agreed that a letter should go out to the businesses immediately. They discussed a minimum amount of money to be distributed and agreed that the minimum amount of money distributed to a business would be $1,000.
Mayor Hart reported that he was invited to the bid openings and attended that at Hughes Construction. Gene Madsen indicated that when they went into the COVID situation, the thought was the City might receive more favorable bids, anticipating contractors would be needing work but as the COVID situation moved on, the economic growth of contractors stayed steady. Manufacturers of equipment in the mid-west and back east had a significant hit because the plants shut down and that caused a drop in supplies, which increased demand. As of August 1st, most suppliers raised costs in the range of 10% range. One line item alone was an increase of over $200,000 but he contacted that supplier through a subcontractor representative expressing his concern of bidding in an unethical approach. They then reached out to another supplier and that line item is now back in line with where it should be. Council Member McDonald stated that the figures seem a lot larger than he recalled but that was likely because the new City Hall and the remodel of the existing City Hall is lumped together. It would be helpful to breakout the new City Hall from the existing City Hall renovation. Council Member Mehr indicated that from what he recalled, the figures are almost $1 million dollars over budget and inquired if that was right. Mayor Hart clarified that the anticipation was with the sell of property, the City would need a $2.5 million dollar bond to cover everything and the City is actually under that. The estimate received in March is essentially where the City landed due to Hughes work with suppliers and contractors. Mayor Hart inquired of Gene Madsen as to a contract that would be associated with the projects. Gene Madsen stated that there would be a contract but that there is still a lot of work taking place behind the scene and they have not released any bid information yet because they are verifying scopes of work and they do not have any bids on steel yet.
Mayor Hart reported that the number of people in the hospital as of Tuesday, August 18th, are at the lowest point since April 1st, as are new cases, but the new issue is kids are back in school so that may change in the next couple of weeks. Council Member McDonald inquired when the Council will be able to start meeting in person again. Mayor Hart stated that at the next meeting, anyone who feels comfortable attending in-person, can attend. Council Member McDonald felt that meeting as a group in-person was an important step to take.
Council Member Johnson - no report. Mayor Hart indicated that the City was down to a groundbreaking but that Heritage Days has been cancelled due to COVID. He thanked Council Member Johnson and the Heritage Days Committee for all of their planning and hard work.
Council Member Gordhammer - no report
Council Member McDonald reported that he has been busy with his second job at the Washington County Solid Waste District. They have been meeting with all of the cities and getting contracts approved. They are close to choosing a new District Manager. Mayor Hart indicated that he received a call from a competitive waste company. They wanted to know if it was too late to put a bid in. Council Member McDonald stated that the District reached out to other companies but instead of opening the bid process up to potentially significant higher increases, the District elected to negotiate with the current provider. What they pay with recycling, is less than what most pay for one (1) can service.
Council Member Mehr referred to the crosswalk on Puerto and was very complimentary and loved what has happened on that corner and the alignment. He inquired what it would take to get a flashing light for the crosswalk, similar to what is down the street at the medical school. Council Member McDonald recalled Chuck Gillette addressing that previously. Council Member Mehr would like more information on that from Chuck Gillette. Council Member Mehr referred to Heritage Days in September and inquired why it is held in September. The City seems to always be competing with other events and inquired if it could be moved to October. Council Member Johnson clarified that they have tried every possibility but October is a busy month for the Huntsman Senior Games, as well as the Marathon and September seems to be the best time.
No report
| C. |
City Manager/Attorney Dale Coulam |
Dale Coulam was excused and not present at this meeting.
| D. |
Items to be placed on future agendas |
Agenda items 4)A and B continued from tonight's meeting due to a noticing issue; presentation regarding density allowances for Multi-Family; Cliff Gustin's request regarding to purchase property from Ivins City that is currently licensed through a Revocable License Agreement; and discussion regarding legal issues involved with allowing landlords to terminate water service while tenant is living in property.