Regular Meeting

Wednesday, November 9, 2011, 6:00 pm.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

I.              Call To Order: Chair Anna Andregg

Invocation and Pledge of Allegiance

II.           Oath of Office:

Karl Benson - 1^st Alternate

III.         Approval of Minutes:

Commission may approve the minutes of the September 14, 2011 regular meeting

IV.        Approval of Agenda

V.           Reports:

Beautification Committee, Economic Development Committee, Trails Committee, and the Director of Operations will present updates on meetings and activities.

VI.        Public Hearing:

A.     Ordinance No. 2011-___:  An ordinance repealing Title 10, Chapter 6I of the La Verkin City Code - Hillside Development Overlay Zone; amending Chapter 6I to define the location of the overlay zone; defining the process for acquiring development permits in the overlay; defining slopes and density; allowing for density credits and open space; and outlining studies and reports as conditions for development

VII.      Business:

A.     Discussion and possible action on Ordinance No. 2011-___:  An ordinance repealing Title 10, Chapter 6I of the La Verkin City Code - Hillside Development Overlay Zone; amending Chapter 6I to define the location of the overlay zone; defining the process for acquiring development permits in the overlay; defining slopes and density; allowing for density credits and open space; and outlining studies and reports as conditions for development

VIII.   Adjourn:

In compliance with the American with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Kyle Gubler, City Recorder, (435) 635-2581, at least 48 hours in advance.

The undersigned City Recorder does hereby certify that the agenda was sent to each member of the governing body, sent to the Spectrum newspaper, posted on the State website at http://pmn.utah.gov, posted on the LaVerkin City website at www.laverkin.org

and in the following public places within LaVerkin City limits on this November 4, 2011.

These public places being: 1) LaVerkin City office building 111 S. Main; 2) LaVerkin City office building 435 N. Main;

Kyle Gubler

City Recorder

Regular Meeting

Wednesday, November 9, 2011, 6:00 pm.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

Present: Chairman Anna Andregg; Commissioners: Michael Hinckley, Richard Hirschi, Allen Bice, Dan Howard; Staff:  Kyle Gubler, Derek Imlay, Kevin Bennett, Katie Wilson; Public:  Karl Benson, Rose Valenti, Ron Cranfill, Robert Allen, Ann Gubler, Randy Jones, Elizabeth K. Fausett

I.              Call To Order: Chair Anna Andregg at 6 pm

Invocation and Pledge of Allegiance given by Richard Hirschi

II.           Oath of Office:

Kyle Gubler gave Karl Benson the Oath of Office of Planning Commission Alternate #1 and presented him with his copy of the La Verkin City Title 10 Code.

III.         Approval of Minutes:

Motion was made by Commissioner Richard Hirschi to approve the minutes of September 14, 2011, second by Commissioner Allen Bice.  Motion carried unanimously.

IV.        Approval of Agenda:

Motion was made by Commissioner Michael Hinckley to approve the agenda, second by Commissioner Richard Hirschi.  Motion carried unanimously.

V.           Reports:

Beautification Committee - Commissioner Bice stated that they met last month and have since received a donation from the Rotary Club for the Riverwood Park.  Kyle Gubler stated that the $1000 donation in large part to Commissioner Bice's efforts.

Economic Development Committee - nothing to report

Trails Committee - no one to report

Director of Operations - Derek Imlay

1.      Animal Shelter - The goal is to have everything except the cages finished by Nov 18^th.  He invited the Commissioners to stop by and look at the shelter.  Derek explained how Kelly King will be able to let the dogs outside and the chain link fence.  The road base and landscaping will still need to be done throughout the winter months.  Derek explained how barriers will be built around the power wires.

2.      Irrigation - The City is contracted to provide water until Nov 15^th but will converse with Staff and the Mayor to keep it on longer.  There was a break in Pheasant Glen that has not yet been fixed.

VI.        Public Hearing:

A. Ordinance No. 2011-___:  An ordinance repealing Title 10, Chapter 6I of the La Verkin City Code - Hillside Development Overlay Zone; amending Chapter 6I to define the location of the overlay zone; defining the process for acquiring development permits in the overlay; defining slopes and density; allowing for density credits and open space; and outlining studies and reports as conditions for development.

Commissioner Andregg stated that just the overlay is being discussed and not the map.

Kevin Bennett explained that he had perused the proposed ordinance again and found 3 items that need to be cleaned up:

1.      Eliminate "and density; allowing for density credits and open space" from the title of the ordinance.

2.      On page 20, 10-6I-4.J is grammatically incorrect - change "applicable to this code" to "to which this chapter applies".

3.      Add subsection "2e" to Section 10-6I-5.F to read:  "To the extent that there is an inconsistency or discrepancy between a requirement and/or provision of Subsection F of Section 10-7-7 and this chapter, the stricter requirement/provision shall apply."

Motion was made by Commissioner Richard Hirschi to incorporate these changes into the proposed ordinance, second by Commissioner Michael Hinckley.  Motion carried unanimously.

Kevin Bennett read an article from the Deseret News pertaining to another city with problems with hillside developments.  He stated that this ordinance is to protect those living on and below the hillside.

Commissioner Andregg read a letter from Hugh & Bernadine Mills which will be attached to these minutes.

Opened the Public Hearing at 6:18pm

Randy Jones - He is glad the city is changing this ordinance.  He explained that a developer took land away from him and is trespass.  The developer put a street light on his property against his wishes and Mr. Jones would like it taken down.  Kevin Bennett stated that it is private property.  Staff cannot advise or go onto private property.  Randy would like to donate the light to the city.

Kim Fausett - Asked if this would affect her property.  Derek stated that her property would be grandfathered in.  She also asked if this would make permits more expensive. It was answered that it could.

Ann Gubler - Asked if this proposed ordinance is in response to what has happened on the hill.  They operated under the current codes on the books at that time.

Closed the Public Hearing at 6:23pm

VII.      Business:

A. Discussion and possible action on Ordinance No. 2011-___:  An ordinance repealing Title 10, Chapter 6I of the La Verkin City Code - Hillside Development Overlay Zone; amending Chapter 6I to define the location of the overlay zone; defining the process for acquiring development permits in the overlay; defining slopes and density; allowing for density credits and open space; and outlining studies and reports as conditions for development

Commissioner Bice stated that staff has worked hard and he appreciated the staff.  He believes this will maximize what owners can do with their property but it will also protect.

Katie Wilson reminded the commissioners that it was June Jeffrey that wrote this ordinance and deserves the credit for all the hard work put into it.

Commissioner Andregg thanked everyone

Motion was made by Commissioner Hirschi to recommend approval to the City Council with the changes, second by Commissioner Bice.  Motion carried unanimously.

VIII.   Adjourn:

Motion was made by Commissioner Howard to adjourn, second by Commissioner Hinckley.  Motion carried unanimously at 6:30pm.

 

Minutes taken on behalf of the City Recorder by Katie Wilson