All present included Mayor Hart, Council Member Elwell, Council Member McDonald, Council Member Mendenhall, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, Public Safety Director Bob Flowers, and Building and Zoning Administrator Kevin Rudd.
EXCUSED:  None.

Audience:Tim Conville, Steve Fassler, Jim and Max Cook, Randy Bowler, Diana Warner, Leonard Carson, Robert Taylor, Jeff and Lisa Parker, John and Dolly O’Meara, Claudette Larsen, Sandy Johnson, Lance Anderson, Charlie Reed and others who did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Council Member Mendenhall led the Flag Salute

C.	Invocation

Council Member Elwell gave the Invocation

D.	Disclosures

There were no disclosures or conflicts of interest with items on this meeting’s agenda.

A.	Department Reports: Parks and Recreation and Public Safety

Mayor Hart indicated Benny Sorensen previously provided a written report regarding happenings in the Parks and Recreation department.  A copy of the report is available by request through Ivins City Hall.
Bob Flowers provided the City Council with a photo of the new markings for the police vehicles since the combining of Santa Clara and Ivins police departments.  A copy of the photo is available by request through Ivins City Hall.  Chief Flowers recently returned from training and reported there has been an increase in law enforcement employees suing their employer for hostile work environments.  There has also been an increase in officers seeking damages from those who injured them.  The majority of the other municipalities are suffering financially and he provided the other agencies at the training with information on what Ivins has done with combining law enforcement agencies.  It is a good way to enhance services and reduce costs.  Arrests for DUI have increased, the department is still receiving reports of speeding on 200 west and citations for speeding have increased.  Chief Flowers and the City Attorney Dale Coulam visited the VA facility in Ogden.  They were pleased with the information they received and he thinks the VA facility in Ivins will be a nice addition to the community.

B.	Planning Commission Report

Kevin Rudd reported on behalf of the Planning Commission Chair.  The Planning Commission is continuing to review the commercial zoning ordinance and will likely hold a public hearing on that within the next 60 days.

MOTION: Council Member Roberts moved to suspend the rules and flip flop 4) A and B with 4) C and D
SECOND:  Council Member McDonald

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Counil Member Densley	AYE

C.

Public Hearing on the Planning Commission’s recommendation to deny a Proposed Zone Change from CN (Neighborhood Commercial) to R-2-6 (Two Family Residential District - Minimum lot size=6,000 sq. ft) and approve a Zone Change from CN (Neighborhood Commercial) to R-1-5 (Single Family Residential District - Minimum lot size = 5,000 sq. ft.) on property located on the west side of 200 East from 600 South to 800 South

Mayor Hart reminded the audience that the purpose of a Public Hearing is to provide information to the City Council so that the Council can make an informed decision within the requirements of the ordinances.  He requested the audience treat comments with respect.  Mayor Hart opened the Public Hearing.  Tim Conville resides at 123 East 625 South and indicated that the consensus of the residents that attended and spoke at the Planning Commission Public Hearing on this issue did not want large buildings or low income homes in the proposed location.  Mayor Hart stated he received three (3) letters from residents William and Athel Funke, Barry and Margo Richards and Freddie and Rosemary Paul expressing their feelings about this issue.  A copy of the letters are available by request through Ivins City Hall.  Leonard Carson resides at 245 East Elfin Cove Circle and referred to the depth of the lots.  He is concerned the only type of homes that would be able to fit on a 5,000 sq. ft. lot are mobile or double wide homes and he doesn't want that type of home there.  Jason Wheeler with Color Country Community Housing stated they originally applied for a zone change to R-2-6 and feels that is consistent with the General Plan.  Jeff Parker resides at 742 South 160 East and indicated the neighbors basically all want a better environment.  They know something will be built on that land that would be better than what is currently there because of the weed and dust issues.  He referred to safety and is concerned with the large high voltage power lines in that area, safety issues with rentals, a safe location for kids to play and safely accessing the homes.  He would like whatever is built on that land to look nice, protect the property values and be a safe and practical place for people to live.  Randy Bowler resides in West Jordan, Utah and is the property owner.  He stated he purchased the property in 1995 and held out the frontage for neighborhood commercial but since that time the dynamics of the City have changed.  He thinks some type of residential use would be appropriate there and spoke in favor of Color Country Community Housing.  Bruce Jewett resides at 180 East 800 South is concerned with garages backing up against the block wall, the possibility of an alley and a lot of traffic exiting onto 800 South by his home.  He indicated low income housing brings rif raff and that is not the place to build low income housing.  Max Cook resides at 753 South 160 East and is concerned with the block wall and who would pay to replace it as well as crime being a potential problem.  Charlie Reed resides at 771 South 160 East and is concerned about not knowing the details of what is planned to be built on the property.  Mayor Hart reiterated there is a separate process for the development plans to come forward with specifics.  There being no other comments, Mayor Hart closed the Public Hearing.

D.	Discuss and consider approval of Ordinance No. 2012-11, an Ordinance of Ivins City, Utah, approving a Zone Change from CN (Neighborhood Commercial) to R-1-5 (Single Family Residential - Minimum lot size 5,000 sq. ft.) on property located on the west side of 200 East from 600 South to 800 South

Mayor Hart stated access to whatever is built on the property is going to be across the rear because of restriction of access on 200 East and inquired of Chief Flowers about any concerns he may have.  Chief Flowers indicated it depends on the design of the project, where the kids are going to play and similar issues.  He would like to see any plan that comes forward reviewed by the Technical Review Committee to address concerns that have been raised.  Dave Glenn stated that the Desert Rose subdivision that is just south of the proposed project has a planned City park.  Council Member Roberts indicated he attended the Planning Commission's Public Hearing regarding this and heard all of the comments.  He recognized the desire of the property owner to develop his property and supports the Planning Commission's recommendation for a zone change to R-1-5.  Council Member Elwell referred to the Transportation Master Plan and stated 200 East has minimal access for residential and commercial development and is a problematic piece of property.  The property owner has tried to find a viable use for the property and he feels a compromise would be the Planning Commissions recommendation to change the zone to  R-1-5.  Council Member Densley suggested leaving the current zoning of Neighborhood Commercial and not changing the zone.  Council Member McDonald focused on the zone change and inquired of the City Attorney what the City Council is required to do by law.  Dale Coulam indicated the property is currently zoned Neighborhood Commercial.  The applicant is requesting a residential use that is consistent with the Land Use Plan.  The three (3) zoning options for this property are R-1-5; R-2-6 and Multiple Family.  The applicant has requested a zone change to R-2-6 and the Planning Commission recommended R-1-5.  The zone designation of Neighborhood Commercial is no longer an option.  Council Member Mendenhall stated this is a land use and density issue only.  There are several City Council members who have served on the Planning Commission or are long term City Council members and are very well acquainted with the land use ordinances, General Plan and other City documents and plans.  She understands the owners desires to develop the land and the available options are consistent with the Land Use Plan.  Access from the rear of the property is required to be wide enough for a fire truck.  The property is surrounded by development that is consistent with an R-1-5 zone and she is in favor of that zone change.  Council Member Roberts inquired how many homes could be built on the property if it were zoned R-1-5 compared to an R-2-6 zone.  Kevin Rudd indicated if this particular property was zoned R-1-5 there could be 15 single family homes built and if it were zoned R-2-6 there could be 30 twin homes built on the property.  Council Member Roberts inquired of Chief Flowers if there had been an increase in calls from where developer Color Country Community Housing has built versus where developer Ence Homes has built.  Chief Flowers stated "no".

MOTION: Council Member Elwell moved to approve Ordinance No. 2012-11, an Ordinance of Ivins City, Utah, approving a Zone Change from CN (Neighborhood Commercial) to R-1-5 (Single Family Residential - Minimum lot size 5,000 sq. ft.) on property located on the west side of 200 East from 600 South to 800 South

SECOND: 

Council Member Densley requested a point of clarification after the Motion was made and indicated he would like to see what the project would look like as far as density goes.  Dale Coulam stated it cannot be requested of the developer to come forward with a specific plan at this stage.  Visual examples of developments in an R-1-5 zone in that area are the Elfin Cove development and the Red Mountain West development.

MOTION: Council Member Elwell moved to approve Ordinance No. 2012-11, an Ordinance of Ivins City, Utah, approving a Zone Change from CN (Neighborhood Commercial) to R-1-5 (Single Family Residential - Minimum lot size 5,000 sq. ft.) on property located on the west side of 200 East from 600 South to 800 South
SECOND:  Council Member Mendenhall

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Counil Member Densley	AYE

A.	Public Hearing on the Planning Commission’s recommendation to approve amending Title 15, Chapter 5, Section 15.05.906 of the Ivins City Code amending the Warranty Period for Subdivision Improvements

Chuck Gillette indicated Ivins City updated its Standards and Specifications a couple of years ago.  State code allowed a change in the warranty period from a one (1) year warranty to a two (2) year warranty period if there are soil issues.  He recommended that the City change their warranty period to a two (2) year warranty period due to the types of soils in Ivins.  Dale Coulam referred to two (2) drafts of Ordinance No. 2012-10, copies of which are available by request through Ivins City Hall.  The alternate ordinance provides a general rule for a warranty period of two (2) years but if a property has no soil issues, the warranty period could be for one (1) year.  Mayor Hart opened the Public Hearing.  Jason Wheeler with Color Country Community Housing referred to their Mohave Estates development and is concerned how the change in the warranty period would affect that development.  He would be in favor of the change if the option for a one (1) year warranty period was available if there were no soils issues.  He stated it is incredibly difficult to obtain bonds from banks due to the lending market in the nation and asking for a two (2) year warranty period could make the different between a project being viable or not.  Lance Anderson with Kayenta Development expressed similar concerns.

B.	Discuss and consider approval of Ordinance No. 2012-10, an Ordinance of Ivins City, Utah, Amending the Warranty Period for Subdivision Improvements

Council Member Elwell is not in favor of a one (1) year warranty period and referred to a project where two (2) Geotechnical companies provided conflicting information on property in a development.  The developer chose the least restrictive report and subsequently several homes moved, dropping the value of the homes and the surrounding community.  Council Member McDonald inquired what the surrounding communities are doing.  Chuck Gillette stated they are using one (1) year warranty periods.  Council Member Mendenhall indicated she understands the difficulties of the developer obtaining warranty bonds but thinks the ordinance with the sentence "If the developer submits in writing an opinion of a geotechnical engineer that the subdivision site is free from expansive and/or collapsible soils, high groundwater, or other similar geologic hazards, the City may reduce the warranty period to one year." gives the developer an option.  There is no option for the tax payers if roads or improvements have to be repaired outside of the warranty period.  Chuck Gillette stated there is more of a concern about clay and high ground water soils.  It may be possible to apply the two (2) year warranty if those soils exist on a property.  Council Member Roberts indicated he isn't convinced a change needs to be made.  Chuck's suggestion makes better sense but until obtaining bonds is easier and the fact that the surrounding communities aren't using a two (2) year warranty period, he is hesitant to move forward on a change.  He suggested tabling this until more information is obtained regarding the percentage of failures and other information.  Council Member Densley recommended leaving the warranty period as a one (1) year warranty period.  Council Member Mendenhall inquired if there was any other reason to bring this potential change forward other than conforming with the State standards.  Chuck Gillette stated the City has had problems with the curb and gutter heaving out into the asphalt and there have been some settlement issues.  Could put together some research with the issues.  Dave Glenn recently for a final inspection and within a weeks time the road started to settle around some valve boxes and they had to come back in and fix that.  Council Member McDonald would like to see additional information from staff.  The Mayor and the other City Council Members agreed.

MOTION: Counil Member Densley moved to table this ordinance for staff to review and bring it forward to a future Council meeting
SECOND:  Council Member Roberts

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Counil Member Densley	AYE