City Council

Copy of the City of Ivins record for City Council, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.

CITY COUNCIL
MINUTES
August 5, 2021

MAYOR AND COUNCIL: The meeting was called to order at 5:30 p.m. and announced there was a quorum present.

All present included Mayor Hart, Council Member Mehr, Council Member McDonald, Council Member Johnson, Council Member Gordhammer, Council Member Larsen, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Director of Finance Cade Visser, Building and Zoning Administrator Cody Mitchell, Chief of Police Bob Flowers, and Parks and Recreation Director Benny Sorensen.
EXCUSED: None.

Problems with Mayors Zoom connection so not seen but heard

All City Council Members were in attendance in the City Council chambers.

Council Member Gordhammer led the Flag Salute

Council Member Gordhammer gave the Invocation

Council Member Larsen disclosed that he and his business partner have a $1,000 refundable deposit on a condo in the Black Desert Resort project. There were no other disclosures or conflicts of interest with items on this meeting's agenda.

Chief Flowers indicated that Officer Simon Pikyavit will be sworn in by Mayor Hart. Mayor Hart read the Oath of Office and Officer Simon Pikyavit was sworn in. There were several Officers in attendance. Chief Flowers introduced two (2) new Police Officers, Officer Heinze and Officer Chadwick and Officers Bate, Hall, Hallman, and Studley. He reported that Officer Bate who attended S.W.A.T. School in Utah County and was the #1 cadet. Officer Hall is Ivins K9 Officer and Officer Studley is working on accreditation. He has done an outstanding job and is 96% complete with that process. Mayor Hart stated that on behalf of the City Council and its residents, they are grateful for their willingness to serve.

Chief Flowers provided a written report. A copy of the report is available as an attachment to this agenda. He reported that comments get made about what Public Safety does or does not do and commented that they fill out logs and know what they are doing, the time the spend in the parks and similar. Over the last three (3) weeks, they have been at Fire Lake Park 37 times and spent over 10 hours patrolling that park. The Officers get out of their vehicles and walk around the entire park. They also patrol the skate park, the other parks and areas of the City so if they get questions on that, they have the logs to back that up. There have been some complaints about trash in the parks and agreed that there is some trash but the parks are safe and there is no graffiti in the parks or in Ivins. They receive reports about speeding in Kayenta. They have a speed trailer out there and are issuing citations so they are aware of that and it is not being ignored. He reported that the Animal Shelter has a great following on social media and recently adopted out some rabbits and goats.

Benny Sorensen provided a written report, a copy of which is available as an attachment to this agenda. He stated that he appreciated all of the Police Officers who are patrolling the parks continually and commented that the Officers get out and walk completely around the Fire Lake Park route. He reported that Fire Lake Park continues to be very popular. The first Movie in the Park starts tomorrow night and they have 30 people signed up for the trip to the Grand Canyon on Tuesday, August 10th.

Cody Mitchell reported the Planning Commission held a Public Hearing and recommended approval for a zone change on property located at 600 West to 800 West and Highway 91 . They also recommended approval of a Class V Conditional Use Permit for Hidden Springs RV Resort and a special height exception for Black Desert Resort. Those will be coming forward to the City Council for discussion. The Planning Commission approved an second Amended and Extended Final Plat for Indigo Trails and continued their discussion on exterior colors and accessory dwelling units.

3)	CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS

Dale Coulam indicated that in light of House Bill 1003 where that took away powers from municipalities to regulate design guidelines unless there is a Development Agreement for every subdivision. This would allow the City and the developer to specify some design guidelines and specify a range of colors and allow for some flexibility but be able to enforce what was negotiated with the developer. Council Member Larsen inquired as to affordable housing and commented that he would like to see something that allows for young families, police officers, school teachers and similar to get into a property. He would like to see Development Agreements have the requirements for CC&R's and negotiate with a developer so that a certain percentage of the homes would remain owner-occupied. The Mayor and other City Council Members agreed. Mayor Hart requested that Cade Visser explain how one could join the meeting electronically and make a comment for the Public Hearing. Cade Visser provided instructions as how to make a public comment for the Public Hearing. Mayor Hart opened the Public Hearing. There being no one on-line or in the Council Chambers wanting to make a public comment, Mayor Hart closed the Public Hearing.

Council Member Mehr inquired if this would influence or affect agenda item 5)A regarding the Development Agreement for Sentierre. Dale Coulam clarified that it would not because that Development Agreement is an existing Development Agreement and only amending certain provisions of that agreement. Council Member Gordhammer inquired when the City would start inserting the water clause. Dale Coulam indicated that they have already started doing that. Council Member Gordhammer inquired if the Black Desert Resort had been notified. Dale Coulam stated yes so it will not be a surprise. Council Member Mehr inquired what the purpose was of including the water clause. Dale Coulam indicated that the County may not have the water to serve them at some point in the future. Council Member Mehr commented that they are trying to guard against is running out of water and the cause of that is growth and development and inquired if there was some other way that the Council needs to look at this. Dale Coulam commented that there was a question about being able to just say there's a moratorium on building permits. Before the City gets to that point, the Water Conservancy District is taking all kinds of steps, including conservation, trying to create other resources that could be used for secondary and culinary water but the best solution would be for the Mayor and City Council to look carefully at land use and zone changes. Those are legislative decisions and the Council only needs one legitimate reason that ties to health, safety and welfare and nothing ties to health, safety and welfare more than drinking water or one's basic needs in a household. They can control their densities through legislative action and that is not subject to any property rights violation allegations whereas not issuing building permits may be. Every buyer needs to know when they are ready to build there may not be enough water. Council Member Mehr inquired if that is known to the property owner and clearly identified in advance so that they can make some decisions about building. Mayor Hart commented that it is buyer beware. Council Member Gordhammer inquired how a buyer on a lot receives notification regarding the Development Agreement. Dale Coulam clarified that the Development Agreement is recorded against the property and shows up on the title and in a title report. Council Member Mehr commented that a developer could be an individual and inquired if this document becomes heavy handed from a government perspective. Dale Coulam clarified that it only applies if they subdivide and create a new lot then there would be a Development Agreement with a disclaimer in the agreement, putting them on notice that there may not be sufficient water in the future. Council Member Johnson inquired if presently individual families that built their homes prior to this requirement, are able use a color of their choice if this document is not in place. Dale Coulam indicated that was correct. Council Member Johnson inquired if this is implemented, people would have to comply with the agreement. Dale Coulam stated that developers have a vision of what they want their subdivision to look like and those are included in the Development Agreement. If someone came in and wanted to build where there is a Development Agreement in place, the requirements of that agreement would be enforced. Mayor Hart commented that this is an agreement that is negotiated and is the only way that the City has to try and maintain some control over design guidelines, color and similar. He suggested that this be tabled to see the language that was suggested by Council Member Larsen. The City Council agreed. Dale Coulam indicated that he will draft that language and bring this back to the Council for their review and commented that they may consider identifying certain zones. Mayor Hart commented that those zones would likely be high density and multi-family.

MOTION: Council Member McDonald moved to table
SECOND: Council Member Larsen

VOTE: The motion carried unanimously.

Dale Coulam stated that the developers are reserving the right to do what they are calling a lot split but technically it's an amended final plat because it's a subdivision with twin homes that look and feel like the other very expensive homes in the complex but each half is separate and in Ivins terms, those would be referred to as a twin home with the lot line going between units and separated by a firewall. The other main point is financing and financial assurances rather than withholding Certificates of Occupancy, this allows the development of the villas because it is in the buyers' interest to have the hotel and amenities completed. They have also provided updated presentation materials. Mayor Hart inquired if the timeline in the presentation was still similar. Stan Castleton commented that it would be roughly along that timeline but a lot of it depends on how quickly they sell the villas. Mayor Hart inquired if Dale Coulam was satisfied with the financial assurances. Dale Coulam stated as much as can be because no one knows what the real estate market is going to do. Council Member Gordhammer referred to there being less units but more keys and inquired if that was because of the division with the twin homes. Dale Coulam indicated that was correct, as well as condos. Stan Castleton clarified that the villas have lock offs and the keys include those lock offs so they reduced the number of villas but slightly increased the keys that includes those lock offs.

MOTION: Council Member Mehr moved to approve the second amended Development Agreement for Sentierre
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

Mayor Hart inquired of the City Council as to their opinion about the Canyon Crossing lighting that is 3000 kelvins. The City Council agreed that it is fine. Mayor Hart referred to page 7 item 3A for non-residential properties and parking lot lighting and the requirement to be covered with an amber filter for commercial development. He understood that the filter was not going to be required and they were just going to require the 3000 kelvins. The City Council agreed. Mayor Hart inquired if this needed to be discussed further or if they were ready to set it for a Public Hearing. The City Council agreed to proceed to hold a Public Hearing at the next City Council meeting. Dale Coulam clarified that the ordinance that will be brought forward will not contain any colors and will be all black with clean text.

MOTION: Council Member Larsen moved hold a Public Hearing at the next City Council meeting on the current Outdoor Lighting Ordinance
SECOND: Council Member Johnson

VOTE: The motion carried unanimously.

Marv Wilson with Sunrise Engineering reported that Maxwel Gross, who is also with Sunrise Engineering, was also in attendance and would be providing a PowerPoint presentation to the Mayor and City Council. Marv Wilson indicated that the purpose of Impact Fees is so that growth pays its own way and helps the City develop its systems so that the current residents do not shoulder the growth and are for long-term assets. Impact Fees have to be spent or committed within six (6) years of being collected. Ivins level of service is going to be based on their facilities and square footage of the City's fire stations, police station and animal shelter. Mayor Hart referred to the current City Hall and commented that it will become the new law enforcement building and inquired if they analyzed that Law Enforcement is utilizing now or if the current City Hall would be included in the analysis. Marv Wilson stated that it is included and will be explained as part of the PowerPoint presentation. He stated that the purpose tonight is to go through the Plan and Analysis to make sure the Council is comfortable with those before the Council addresses these and adopts the Impact Fees by Ordinance. Max Gross provided a PowerPoint presentation, a copy of which available as an attachment to this agenda. The first table shows growth projections with build-out projected to be in approximately 2063. Mayor Hart referred to the projected population of 10,900 occurring in the year 2030 and commented that Ivins City is currently nearing a population of 10,000 and indicated that the population will be significantly more by the year 2030, which makes the plan and analysis very conservative. Marv Wilson indicated that it is conservative and would come up short if they followed the plan exactly but that is why it is recommend that these plans and analyses be done every five (5) years at a minimum or sooner if there are significant changes in the City. Max Gross stated that Public Safety Impact Fee is based on ERUs (Equivalent Residential Units) and the data was obtained from the County on residential and commercial square footage for Ivins and Santa Clara because they share the Police services and the square footage is the determining value for what one unit is and based on that, they were able to calculate the level of service, which depends on the square footage of the Public Safety services. With the Fire Department, there are two (2) stations currently located in Ivins, with the one in Kayenta likely no longer being utilized in the near future because the lease is expiring but for the purpose of this analysis, it has been included because that increases the level of service and helps maintain a higher level of service. The existing law enforcement facility square footage is based on the current Santa Clara location and does not include the plan for the current Ivins City Hall as the new police station because that has not been done yet. Mayor Hart inquired as to the timing of this plan, as compared to another six (6) or seven (7) months when the current City Hall has been remodeled and occupied by Public Safety. Dale Coulam clarified that by being in the study, it frees up any Public Safety Impact Fees that the City has and will collect so it can be used but that remodel is not currently in the study, although that has been one of the driving factors for doing the study now. Marv Wilson indicated that one of the other stipulations in the Impact Fee Act is money cannot be spent on something that is not in the study but with the renovation of the current City Hall being included in the study, a certain percentage would be impact fee eligible. Mayor Hart commented that the law enforcement is an Ivins operation and contracted with Santa Clara City to provide that service and is currently housed in Santa Clara City and inquired if that makes any difference. Marv Wilson stated that they have a level of service and that's all that matters. Max Gross indicated that they took where the fire stations are currently, including Santa Clara, and looked at what the five (5) minute travel time with lights and sirens on. The majority of Ivins City is covered within that time frame by Station #3 but the Kayenta area response time is not within the five (5) minute travel time of that station, which is why the station that is in Kayenta currently is useful, although it's difficult to quantify a window because they have to respond from Station #3, pick up the response vehicle and then respond to the call. He referred to the growth demands tables and commented that they are based on what Ivins is showing for Fire & Rescue services, Animal Shelter services and Law Enforcement services and showed the approximate square footage needed in the future to maintain level of service. They included Ivins and Santa Clara for what the level of service entails, the reason being, they service both Ivins and Santa Clara. Ivins City's impact Ivins with regard to law enforcement was compared to Santa Clara and Ivins impact is 57% but it would be optimal that the cost for growth as it relates to law enforcement, be shared between Santa Clara and Ivins due to Santa Clara using the same services and it is the Santa Clara Ivins Public Safety Department. Dale Coulam clarified that Fire & Rescue is under contract and is a combined service as well question so everything should be considered together and they are serving two communities as is the law enforcement. Sunrise Engineering did the Impact Fee Study for Santa Clara and inquired if Santa Clara was collecting impact fees on law enforcement and fire to offset the other half. He inquired how that worked if the project is in Ivins but the impact fees are being collected in Santa Clara or vice versa. Marv Wilson commented that the one thing that changed with Santa Clara and doing this study for Ivins was the plan for the existing Ivins City Hall building so they considered that and that Santa Clara has the same kind of thing. Max Gross referred to possible future locations for fire stations that would benefit Ivins City. One of the locations is at the Black Desert Resort because part of this Impact Fee Analysis includes the purchase of a future fire ladder truck to accommodate higher buildings that are going to be built in Ivins City. The other potential location is off of Highway 91 that would service more of the Kayenta area and a lot of other areas in Ivins and Hwy 91 and another potential location is the BLM land that the City is looking into for another cemetery, Public Works building and similar. Dale Coulam added that another compelling reason for this study is that two (2) years ago Ivins was approached by Santa Clara and were told that we need to be prepared to pay half a million dollars for a ladder truck but Ivins did not have the funds and told Santa Clara that Ivins would not be budgeting for a fire ladder truck due to the new City Hall. That would have broken the agreement between Santa Clara and Ivins and both cities would have gone back to separate Public Safety and Fire and EMS departments. Santa Clara chose to defer the purchase of that fire ladder truck for a couple of years but it is in the near future, especially with the Black Desert Resort coming and with Rocky Vista University already here. Santa Clara's commercial growth is occurring with taller buildings and a ladder truck is needed and now is the time to consider purchasing a fire ladder truck. In order to use impact fees to purchase that truck, Santa Clara has added it to their study and Ivins City is adding it to their study. Max Gross referred to the Animal Shelter and commented that it would be an expansion rather than a new shelter. Mayor Hart recommended that the plan and analysis be provided to Gene Madsen with Hughes General Contractors to go over the numbers. Dale Coulam stated that Sunrise Engineering did not do Ivins last study but they prepared and are familiar with Santa Clara's and have already taken into account the combined nature of Santa Clara and Ivins. Ivins last study dropped impact fees for Public Safety dramatically because Ivins had just combined services and the City did not have any projects on the horizon. The impact fees were dropped unrealistically low but since they have combined the services and have been operating that way for a period of time, they can see where they are going and can anticipate the project needs. The impact fee number is back along the lines of where the City was prior to dropping it. Council Member Gordhammer referred to the location of fire station location #4 in Kayenta being included for service and even with the proposed location along Highway 91, that still would not provide a five (5) minute response time. There are approximately 600 homes in that area and would like to see if there's a cost effective to address that. Mayor Hart understood that the station would need to be manned. Max Gross clarified that was correct and was part of the issue with the one in Kayenta not being manned. Mayor Hart clarified that Ivins City does not manage the Fire & EMS service. Marv Wilson indicated that the next step would be to update the population and remodeling figures and then hold a Public Hearing in the future. Mayor Hart suggested that he get with Gene Madsen with Hughes General Contractors regarding the remodeling costs. Council Member Gordhammer commented that she read Sunrise Engineering's report and stated that it was very well written and really easy to follow.

Cody Mitchell indicated that the National Electrical Code is adopted every three (3) years and the 2020 edition has been adopted by the State of Utah. After that occurs, the municipalities follow suit. Council Member Larsen inquired if there was anything in the code that was odd. Cody Mitchell stated that there was not and that this is always evolving especially as it relates to electricity.

MOTION: Council Member Johnson moved to approve Ordinance No. 2021-13, an Ordinance of Ivins City, Utah, amending Chapter 14.03 of the Ivins City Code entitled “Electrical Code”
SECOND: Council Member Larsen

VOTE: The motion carried unanimously.

Roll call vote. All Council Members were present and voted in favor.

Dale Coulam commented that this memorializes the changes that the majority of the Council agreed to at the prior City Council meeting.

MOTION: Council Member Larsen moved to approve Ordinance No. 2021-14, an Ordinance of Ivins City, Utah, amending section 16.12.104(4)(a) of the Zoning Ordinance regarding garage size on lots less than ½ acre
SECOND: Council Member Gordhammer

VOTE: The motion carried.

Roll call vote. All Council Members were present. Four Council Members vote in favor and one Council Member voted in opposition.

Council Member Mehr requested discussion and referred to the Planning Commission recommending that no changes be made and requested that the Council address the massing concerns. Council Member Larsen commented that the roof line runs along the length of the house anyway and people are putting in a wall that's required but now instead of having to put in that wall, there's more garage space for people to store their stuff inside. Mayor Hart indicated that this still complies with the height ordinance. Cody Mitchell referred to the Planning Commission no recommending any changes and clarified that the Commissioners could not meet on common ground. Council Member Mehr commented that the City Council took the current ordinance and improved upon it. The Mayor and majority of the other City Council members agreed.

Dale Coulam stated that this is the same Development Agreement as Phase 1, with the exception of the water disclaimer having been added to this Development Agreement.

MOTION: Council Member Johnson moved to approve the Development Agreement for Phase 2 of the Indigo Trails Subdivision Project
SECOND: Council Member Gordhammer

VOTE: The motion carried unanimously.

Dale Coulam indicated that Chuck Gillette has been working with Black Desert Resort on this. The road would be a private road but in order to work with SITLA, a right-of-way is required to place utilities in the ground. The Mayor and City Council had additional questions regarding the agreement. Dale Coulam stated that the agreement is a standard agreement but if the Mayor and Council had concerns, this could be continued for Chuck Gillette to answer their questions. Council Member Gordhammer inquired what the TRC (Technical Review Committee) recommended. Dale Coulam indicated that the TRC recommended approval. Council Member Gordhammer stated that it would be helpful to have the TRC recommendation information. The Mayor and City Council suggested that this be continued for Chuck Gillette to provide more information.

MOTION: Council Member Mehr moved to table
SECOND: Council Member Gordhammer

VOTE: The motion carried unanimously.

MOTION: Council Member Johnson moved to approve the Consent Agenda
SECOND: Council Member McDonald

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Mehr referred to an area in Santa Clara on Pioneer Parkway through the lava fields where the road curves by the wash and indicated that there is very little space between vehicles, people with kids, strollers, bikes and similar and stated that he would like to see if there is some type of cement barrier that could be placed that path by the power station because it is a safety issue. Mayor Hart requested that Dale Coulam convey that to Santa Clara.
Council Member McDonald commented that he has noticed lately with the agendas that they are seeing more frequently "TABS TO FOLLOW" and not receiving the information in advance and felt that if they are not getting the information, the public is not getting the information either. Dale Coulam stated that ideally everything is in the agenda packet but the City Council meetings have gotten longer and some of the agenda items have been significant, requiring more detail in the Minutes. Council Member McDonald indicated that it would be helpful to the information as far in advance as possible. Mayor Hart commented that the Council can always request that something be continued fi they do not feel like they have received the information far enough in advance.
Council Member Johnson reported that she has seen citizens commenting on social media about documents not being available in advance for them to review. She reported that they have a lot of fun and exciting things planned for Heritage Days. The Sand Hollow Aquatic Center is providing a free entrance on Saturday, September 11th for Ivins residents and the Heritage Days Committee has events and activities planned for Friday, September 10th and Saturday September 11th. Mayor Hart stated that the new City Hall building is progressing and clarified that for Heritage Days, it should be available for residents enter through the front door of the building, walk down the hall and exit through the back door towards the park but it won't actually be completed for another 4-6 weeks after Heritage Days.
Council Member Gordhammer requested if it would be possible to have the TRC recommendations included with City Council agenda items. Dale Coulam indicated that that information should be included in a Staff Report.
Council Member Larsen reported that he attended a meeting this week with Mayor Hart and Dale Coulam at the Washington County Water Conservancy District and learned that a lot of cities are looking at the grass that they have and determining what is ornamental and what is actually used and replacing the ornamental grass with more water friendly landscaping. The District will be meeting with HOAs (Home Owner Associations) regarding water conservation and providing a report to see what items can be put into codes to help with water conservancy moving forward. Council Member Mehr suggested that the District meet with various landscaping companies as well.

Mayor Hart reported that he has experienced a miracle of modern medical science and had cataract surgery and lenses implanted in his eyes and now has 20/20 vision.

Dale Coulam reported that he met with local TDS representatives and Senior Vice Presidents and they were trying to meet with as many cities as they could. Santa Clara held a Work Meeting last night and the Ivins Council may want to schedule a work meeting in the future. He was impressed by the knowledge of the local representative on the technical side of things. There is a lot of fiber in the ground already and they are willing to show the Council what fiber is currently in the ground. They are currently doing fiber to every home and have been for the last five (5) years. As far as fiber to every home in existing neighborhoods, that was explained by the local representatives as to how they do that and what triggers that. Residents also need to make sure they have current equipment because TDS can supply 1 gig of service but if the equipment in the home isn't updated, they will not get that service. TDS has looked into providing service into Kayenta and one of the road blocks has been Kayenta itself because they are not wanting their roads to be disturbed and they may also be protecting the Kayenta Wireless Service company. Council Member Gordhammer suggested that they ask the HOA's in Kayenta if that concern is in fact a concern. Dale Coulam indicated that he provided Terry Marten's name and phone number for them to start there. Mayor Hart stated that the movement in the St. George metropolitan area is to bring Utopia into the area but agreed that holding a Work Meeting with an in depth discussion regarding Utopia along with TDS' presentation would be helpful because TDS may already have a significant amount of fiber in the area. Council Member McDonald reported that Lance Anderson was listening to the meeting and texted him and said that Kayenta has conduits under the streets and are willing to receive the fiber.

Schedule a Work Meeting regarding Utopia and TDS fiber

9)	CLOSED MEETING

10)

ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Johnson

VOTE: The motion carried unanimously.

The meeting adjourned at 8:25 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder

Council Member Mehr	AYE
Council Member McDonald	AYE
Council Member Johnson	AYE
Council Member Gordhammer	AYE
Council Member Larsen	AYE