All present included Mayor Hart, Mayor Hart, Council Member Mehr, Council Member McDonald, Council Member Johnson, and Council Member Densley.
STAFF: City Manager/Attorney Dale Coulam, Director of Finance Wally Ritchie, Building and Zoning Administrator Mike Rodriguez, Public Works Director/City Engineer Chuck Gillette, and Deputy City Recorder Sharon Allen.
EXCUSED:   Council Member Roberts

Audience: Judith Kapuscinski, Brandee Walker, Brett Kee, Luke Godfrey, Kade Ence, Blake Frei, Becky and Chuck Warren, Jay Beacham, Kathy Barth, Matt Marten and those who did not sign in.

A.	Acknowledgement of Quorum

Mayor Hart acknowledged there was a quorum present.  Council Member Roberts was excused.

B.	Flag Salute

Boyscout Troop #1824 led the Flag Salute

C.	Invocation

Council Member Johnson gave the Invocation

D.	Disclosures

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

A.	Department Reports: Building Department; Public Works/Engineering; Finance

Building Dept

Public Works Summary of Operations

Engineering Report

Budget Report

Mike Rodriguez reported that 43 single family home permits have been issued so far this year, with several more to be issued this week.  Solar permits are continuing to be issued and Rocky Vista University will likely obtain occupancy at the end of June.  A Temporary Certificate of Occupancy was issued for the Kayenta Center for the Arts.  There have been a number of code enforcement calls regarding illegal parking of commercial vehicles, dust, weeds and similar.

Chuck Gillette reported that they are working on a Sewer and Irrigation Master Plan and will present that to the City Council in the near future.  The City is on hold with the Kayenta Debris basins project until the City receives an environmental clearance.  The trail for Tuacahn Drive is complete and the barrier wall is in.  The trails are also being resurfaced with the HA-5 product.  Mayor Hart inquired if the City will be crack sealing.  Chuck Gillette stated the City would be doing that next winter.  He reported that the two million gallon tank is complete and in service.  They are building a berm behind the tank on the mountainside that is approximately ten feet (10') tall. The Geotech Engineer recommended that for rockfall.

Wally Ritchie indicated that the City will be submitting a request to the County for a $150,000 grant and $150,000 as a repayable loan at zero percent (0%) interest, to offset the costs for the Tuacahn Drive trail.

B.	Planning Commission Report

Mike Rodriguez reported that there are two (2) zone changes coming forward.

Kathy Barth submitted a comment form.  She stated that she lives on Wisteria Court, which is approximately 750 feet from Kayenta Art Village. She would like to request a budget line item for the possible purchase of a decibel meter and a sound pressure monitor. As the ordinance is currently written, she felt it was pretty vague and subjective on how the noise level is determined to be an annoyance to the community.  She indicated that there will be another event in Coyote Gulch this weekend and the residents intend to keep the decibel level set below 70.  She stated she has lived in Ivins for 21 years and has had her property before the Art Village went in.  Dale Coulam indicated that the City received a lot of complaints regarding the last event that was held.  This will be on a future City Council agenda for discussion.

A.

Public Hearing on the Planning Commission’s recommendation to deny a proposed Zone Change of 4.63 acres from RA-1 to R-1-10 (minimum lot size of 10,000 sq. ft.) but to recommend instead, approval of a Zone Change from RA-1 to RE-12.5 (minimum lot size of 12,500 sq. ft.) located at approximately 600 West 280 South.  Cousin Eddie LC-Owner; Blake Kee-Applicant

Dale Coulam stated that the Public Hearing on the Land Use was held previously before the City Council.  On the Land Use plan, this property had initially been Low Density Residential but was changed to Medium Density Residential. That designation has three zones: RE-12.5, R-1-10 and R-1-7.5.  The current zoning for the property is RA-1.  The developer has requested a zone change to R-1-10.  The Planning Commission recommended denial of that request and recommended a zone change to RE-12.5 instead.  The City Council has the authority to change the zone to the one they feel is appropriate.  Mayor Hart opened the Public Hearing. Jay Beacham indicated that he provided a letter and a questionnaire to the Mayor and City Council previously.  He requested the City Council's responses.  Dale Coulam clarified that the purpose of a Public Hearing was to receive evidence as to which zone is the most appropriate for this parcel not to have City Council members respond to a questionnaire.  Brandee Walker stated that the reason they are limited on how the project lays out, which is why they are requesting the R-1-10 zone change.  There are only two (2) lots that are 10,000 sq. ft. and two (2) that are over 12,000 sq. ft.  It is a good transition from the Cliffrose subdivision.  There being no other comments, Mayor Hart closed the Public Hearing.

B.	Discuss and consider Ordinance No. 2017-10, an Ordinance of Ivins City, Utah, regarding a Zoning District Amendment on property located at approximately 600 West 280 South

Application

Map

Staff Report

Ordinance per Applicant request

Ordinance per Planning Commission recommendation

Planning Commission Minutes

Dale Coulam indicated that the applicant has requested a zone change to R-1-10 and the Planning Commission recommended a zone change to RE-12.5. Council Member McDonald inquired why the Planning Commission chose the RE-12.5 zone.  Dale Coulam clarified that one reason was a former representative of the applicant stated that RE-12.5 would be an adequate zone.  At the City Council, the zone change request has consistently been R-1-10.  At the Land Use level there was a lot of discussion between how many lots would be possible under Low Density Residential, RE-15 versus Medium Density Residential, RE-12.5.  Mayor Hart stated that Council Member Roberts wasn't present tonight but previously indicated during the Land Use discussion that the two zones give the same visual result.  Council Member Johnson inquired what the difference was in the number of lots between the RE-12.5 and R-1-10.  Brandee Walker clarified that it was two (2) lots, one on the north of the property and one on the south of the property.  Council Member Mehr indicated that he supported the larger lot sizes and recommended they approve a zone change to RE-12.5.  Mayor Hart stated that it doesn't affect the east end of the property.  Council Member Johnson indicated that it didn't make a difference and she was in favor of a zone change to R-1-10.  Council Member Densley stated that he liked the larger lots to park an RV to access the property easier and suggested that the developer could charge more for larger lots.  Council Member Johnson inquired what the size difference was.  Brandee Walker clarified that it is 12 feet and indicated that the developer was not in favor of RV Parking in this area.  They would be rambler style homes to minimize blocked views because the neighbors had concerns about that.  The lots are 88 feet wide, which is the narrowest in the R-1-10 zone.  Council Member McDonald indicated previously that he was in favor of a zone change to RE-12.5 but recognized that the lots to the south are 4000 sq. ft. smaller was fine with a zone change to R-1-10.  Mayor Hart stated that it didn't make a great difference of impact to the adjacent property owners because they were talking about a difference of two (2) lots and if Council Member Robert was present, the point would likely be made that property owners should be allowed to do what they want to do with their property.  He agreed with the applicants request to change the zone to R-1-10.

MOTION: Council Member Mehr moved to table until Council Member Roberts was here and present
SECOND: 

The motion failed for lack of a second.  Council Member Johnson indicated that she would not be at the next City Council meeting.  Mayor Hart stated that the Council needs to realize that when an item comes before them on an agenda, that there is an expectation that the City Council is going to take action and everyone should have done their homework and prepared to move forward unless there is a significant reason not to.

MOTION: Council Member Johnson moved to approve Ordinance No. 2017-10, an Ordinance of Ivins City, Utah, regarding a Zoning District Amendment on property located at approximately 600 West 280 South with the zoning of R-1-10
SECOND:  Council Member McDonald

VOTE: The motion carried.

Mayor Hart	AYE
Council Member McDonald	AYE
Council Member Johnson	AYE
Council Member Mehr	NAY
Council Member Densley	NAY
Council Member Roberts	ABSENT

Roll call vote.  Council Member Mehr and Council Member Densley voted in opposition.  Council Member McDonald and Council Member Johnson voted in favor.  Council Member Roberts was excused and not present.  Mayor Hart voted in favor and broke the tie.  The Motion carried three (3) to two (2).

C.	Public Hearing on the Planning Commission’s recommendation to approve a proposed Zone Change of 7.5 Acres from RA-1 Residential/Agricultural to Townhouse located on the north side of Highway 91 at approximately 300 West

Dale Coulam indicated the Land Use was recently changed to High Density Residential and the applicants have consistently represented their intent to seek a Townhouse zone.  The Planning Commission recommended approval of a zone change to Townhouse.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.

D.	Discuss and consider approval of Ordinance No. 2017-11, an Ordinance of Ivins City, Utah, regarding a Zone Change on property located on the north side of Highway 91 at approximately 300 West from RA-1 to Townhouse

Application

Map

Staff Report

Ordinance

Planning Commission Minutes

MOTION: Council Member McDonald moved to approve Ordinance No. 2017-11, an Ordinance of Ivins City, Utah, regarding a Zone Change on property located on the north side of Highway 91 at approximately 300 West from RA-1 to Townhouse
SECOND:  Council Member Densley

VOTE: The motion carried unanimously.

Council Member Mehr	AYE
Council Member McDonald	AYE
Council Member Johnson	AYE
Council Member Densley	AYE
Council Member Roberts	ABSENT

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

E.	Public Hearing to receive comment on the FYE 2017 Budgets to Complete and FYE 2018 Budgets and consider adoption of the Budgets for the:

1.	General Fund

2.	Debt Service Fund

3.	Municipal Building Authority Fund

4.	Special Revenue Funds - a. Public Safety; b. Streets; c. Parks

5.	Capital Projects Fund

6.	Water Fund

7.	Sewer Fund

8.	Storm Drain Fund

Wally Ritchie provided a presentation to the Mayor and City Council.  A copy of the presentation is available by request through Ivins City Hall.  Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.

F.	Discussion regarding the above Budgets

Council Member Mehr referred to the conservative estimates on growth and the number of building permits expected.  He inquired if the number of building permits issued was less, if that would cause a significant change in the budget.  Wally Ritchie stated that the City should end up with approximately 145 building permits issued for the fiscal year and historically that number has been 110, which is why the City budgeted on the lower end.