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
IVINS
CITY COUNCIL
MINUTES
June 6, 2019

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:30 p.m. and announced there was a quorum present.
All present included Council Member Mehr, Council Member McDonald, Council Member Elliott, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Building and Zoning Administrator Mike Rodriguez, Parks and Recreation Director Benny Sorensen, Public Safety Director Bob Flowers, Public Works Director/City Engineer Chuck Gillette, and Director of Finance Lane Mecham.
EXCUSED:   Council Member Johnson
Audience: Larry & Valerie Cazier, Judith Kapuscinski, Jennifer Kennedy, Brian & Leslie Hall, Dan & Jan Brown, Martha Oviatt, Bill Ayers, Dee Osborn, Chris Haddad, Larry Myers, CJ Koharcheck, Tim Gillespipe, Mike Scott, Kathy Barth, David Cannon, Sandy Perkes, Debbie Hafen, Joe Platt, Patric Manning, Shery Breitenbach, Sue Gordhammer, Bert Ward, A. Davs, Lynn Mackechrie, Regina Roper, Colette Ames, Neil Walter, Barbara Mitchell, Carrie Tall, Shelley Moeler, Donna Burrill, David Robinson, Rob Reid, Merril Bryon, Matt Lofthouse, Lance Anderson, Logan Blake, Janey Peters, Marilyn Livingston and others who did not sign in.
A. Acknowledgement of Quorum
Mayor Hart acknowledged there was a quorum present.  Council Member Johnson was excused.
B. Flag Salute
Council Member McDonald led the Flag Salute
C. Invocation
Council Member McDonald gave the Invocation
D. Disclosures
Mayor Hart referred to agenda item 5)C regarding discussion relating to the purchase of City property, he disclosed that he was involved in the development of a near by property.  There were no other disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS AND PRESENTATIONS
A. Introduction of Ivins Princess Pageant Royalty
Mayor Hart indicated that the pageant royalty were unable to attend and this will be post-poned until a later date.
B. Concept Plan Report for Kwavasa Phase 2, located at approximately Kwavasa and Keleva. Kayenta Development/SITLA—Owner; Lance Anderson-Applicant
Application
Map
Staff Report
Mike Rodriguez reported that this is a 20 lot subdivision consisting of 27.188 acres.
C. Concept Plan Report for Black Desert construction/project information offices located at approximately Snow Canyon Parkway and the Ivins Horse Roundabout.  Enlaw, LLC-Owner; Patrick Manning-Applicant
Application
Map
Staff Report
Mike Rodriguez reported that the applicant is requesting to place temporary modular offices to be used as a construction office, project information office and a storage facility.  The proposed location of the modular offices is on approximately half an acre of the overall 70 acre site just south of the Horse roundabout, across from the Reserve at Entrada subdivision.  Construction permits have been issued for the construction of the Ranch Road north of Pioneer Parkway in Santa Clara and for the construction of a new water line into the site from the City of St. George. There will be a Class IV Conditional Use Permit to approve these uses. Council Member Mehr inquired how temporary is defined.  Mike Rodriguez stated that as the developer designs the project, the temporary offices will be replaced by the new development and the first phases will occur where this site is located.  The temporary offices will likely be relocated to a different location on the site.  Council Member Mehr inquired if because this is a Class IV Conditional Use Permit, if that's governed by the Planning Commission.  Dale Coulam confirmed that and stated that the use would be for Professional Offices since Engineers and Architects will be on-site. When they start building the project, this process will be superseded by another Conditional Use for the project.  Council Member Mehr referred to the Findings and Analysis in the Staff Report and analysis in Staff Report, Staff is using the verbiage "appears to be in compliance".  He inquired why aren't we saying that it's in compliance with our City Ordinances.  Dale Coulam clarified that a Concept Plan is vague.  This is just showing that this is the concept.  For the Conditional Use Permit, the developer will come forward with the details that have to comply with Ivins Ordinances.
D. Department Reports: Parks and Recreation and Public Safety
Parks and Rec Report
SCI Public Safety Report
SCI Fire Report
Benny Sorensen reported that Ivins Soccer League completed another successful season.  Baseball started in mid-May right after the end of the soccer season.  There are two (2) baseball leagues - t-ball and rookie, with four (4) teams in each league.  Despite the rain, the season has been going well with only one (1) cancelled game.  UNITY Park hosted several tournaments in the month of May.  Seven (7) girls spent months preparing for the Miss Ivins Pageant.  Progress at Fire Lake Park is continuing and the park is busy.  Council Member Mehr inquired if there are still issues with parking.  Benny Sorensen indicated that there were a lot of people at the reservoir but there were still some parking spots available.  Council Member Densley commented that the Fire Lake Park/Ivins Reservoir is turning out awesome and commended Staff and everybody who has worked on it.
Chief Flowers submitted an electronic report, a copy of which is available on Ivins website www.ivins.com  He reported that the department has received complaints about noise at Fire Lake Park at night.  They are tracking how many times the department goes out there during the day and night.  The department is citing and not issuing warnings.  He indicated that the City may want to consider restricting animals all together because that might be in the best interest of everyone.  He reported that Reed Briggs was recently promoted to sergeant.
Fire Chief Randy Hancey reported that it's starting to get busy this time of year and they're preparing for wildland fires.  They have had six (6) volunteer recruits end their testing phase of the academy.  The Fire Department completed the mitigation project in Tuacahn Wash.  Fire Officers Hansen and Tobler attended the National Fire Academy training and will now provide in-house training.  There was a significant structure fire that started in a kitchen on Memorial Day in the area of 500 South and 250 East.  There were several dogs in the home but they were able to rescue the majority of them.  There were three (3) engines on scene with a significant turn-out on Memorial Day and the Santa Clara Ivins Fire Department was able to handle it on their own.  Mayor Hart thanked Fire Chief Randy Hancey and the Chief of Police Bob Flowers for assisting in moving the emergency preparedness effort forward.  He reported that next Thursday, June 13th at 7:00 at the Ivins City Park there will be an emergency preparedness fair and demonstrations on how the City Emergency Operations work.  He encouraged the City Council to attend.
E. Planning Commission Report
Mike Rodriguez reported that the Planning Commission held a Public Hearing regarding a Preliminary Plan for Kanta Village where there was quite a bit of discussion on those townhomes.  They also discussed the Project Plan for Kanta Village and the Preliminary Plan for Sage Cove and recommended those both go forward to the City Council for consideration.  The Planning Commission approved an Amended Preliminary Plan for Posovi Phase 3, as well as a Final Plat for Red Desert Phase 2.  Council Member McDonald commented that typically the Planning Commission Chair reports to the City Council but indicated that lately Mike Rodriguez has been doing that and inquired if there's been a change in procedure.  Dale Coulam clarified that the Planning Commission Chair's work schedule has been in conflict with the meetings so another Planning Commission member or Mike Rodriguez as the Building and Zoning Administrator give that report.

3) CITIZEN COMMENT REQUESTING FUTURE AGENDA ITEMS  Any person wishing to bring an item not otherwise on the Agenda to the attention of the Mayor and City Council may address the City Council at this point by stepping to the microphone and giving his or her name and address for the record. Speaker forms shall be filled out in advance and given to the City Recorder.  Remarks shall be limited to no more than two minutes, unless the Governing Body allocates additional time.  The Mayor and City Council will take no action this evening.
Mayor Hart indicated that Bradford Osburn had submitted a Citizen Comment form regarding vegetation issues at 200 East and Center Street but he was not present.  Mayor Hart stated that Alva Kirk Best and Robert Max Best submitted a Citizen Comment form regarding the destruction of their widower mother, Carrol Best' home.  Robert Best commented that they lost their father 2 1/2 years ago, indicated he was a mechanic for the farm, equipment break down and he got hurt at work and was unable to take care of his mothers home.  He had pictures of weeds.  He referred to a Code Enforcement letter that was sent to his mother in October or November of 2019 and then receipt of the destruction notice for his mothers home in January 2019.  There was a fire in that home 25 years ago as a result they wanted to condemn the home but did what they could for their parents to continue living in that home and block the upstairs off where the fire was and they continued to live there.  He inquired what he was going to do about the $25 per day fine he's being assessed since November 10, 2018.  He commented that he understood that the property needs to appear nice but stated that to tear the home down was unfounded.  Dale Coulam stated that there are two (2) separate issues that Mr. Best has referred to and stated that the City Council is not the one with jurisdiction over either issue, nor is it the appeal authority.  He clarified that the demolition order was issued after a walk-through of the home with Ivins City Building and Zoning Officials, the Fire Official and a third party caregiver of the mother who is now with a family caregiver.  Those individuals agreed that the home was uninhabitable and unsafe.  Mayor Hart inquired to whom the Bests should take their appeal.  Dale Coulam indicated that it is his duty to advise the City and not to give legal instruction to individuals who might have a claim that would be adverse to the City.  He commented that it would be wise for the Bests to obtain legal council, review the Ordinances and then file the appropriate appeal.  Council Member Elliott inquired if the City lays out in their Order, the procedure for appeal.  Dale Coulam stated yes and commented that the appeal period for the demolition order has not yet expired.  Robert Best indicated that he wasn't going to hire an Attorney and spend more money and more time away from work.  He inquired if it would be possible to have a controlled burn of the home as a training for the Fire Department.  Dale Coulam stated that would be up to the Fire Chief.  He encouraged Mr. Best to work with the Building and Zoning Administrator on how the home is going to be demolished.  Mayor Hart encouraged Mr. Best to contact the Fire Chief as well.
Alva Kirk Best & Robert Max Best request

4) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing on the Planning Commission’s recommendation to deny a proposed Concurrent
Land Use/Zoning Amendment from C-1 (Community Commercial) to R-M-TH (High Density Residential Multi-Family Townhouse) on 10.37 acres.  America First Credit Union-Owner; Lovell Development Group-Applicant
Application
Map
Elevations
Legal
Staff Report
Minutes
Mike Rodriguez indicated that the property is zoned C-1 as a Commercial Community Zoning District.  The Planning Commission has recommended denial of this action.  Dale Coulam clarified that the correct zoning for Townhouse is "TH" and not R-M-TH. Mayor Hart commented that before opening the Public Hearing, he reminded the residents that a Public Hearing is designed for them to provide information to the City Council that ought to be considered when a decision is made.  Some arguments may be the same although it isn't particularly helpful to repeat the same thing.  Mayor Hart opened the Public Hearing.  Neil Walter with NAI Excel Commercial Real Estate Broker was present on behalf of the applicant.  He commented that the applicant was well aware of the current zoning and there were a few things that would be helpful for the Mayor and City Council to know regarding why the applicant has applied for this Land Use/Zoning Amendment.  They have had the property marked as a commercial property for sometime and nine (9) offers have been made with the intent of some kind of commercial development or some form of an assisted living type of a concept.  He referred to Ivins General Plan and stated that this property is surrounded by High Density Residential.  When looking at existing property, if something commercial were to go in without a traffic signal, it would be less likely to produce tax base.  If you look at the development down Highway 91, they are High Density and this proposed use is consistent with that pattern and wouldn't impact or impede the view corridors.  Boyd Livingston resides in the Heritage Estates subdivision which is near to this property.  He is one of the owners of Coldwell Banker Premier Realty and is very familiar with property.  There isn't a lot of commercial zoning or development in Ivins but there are a lot of townhome developments.  He felt that changing the use from commercial to townhouses would not be advantageous for Ivins City and he suggested that the Planning Commission recommendation of denial be followed.  Jaynie Peters has been a resident of Ivins City for 26 years and she chose Ivins because of the small community.  She stated that the amount of growth that she's seen in that time has been horrific and that traffic is awful.  She commented that Ivins is being destroyed by all of the building and that just because Santa Clara has approved townhomes and vacation homes doesn't mean that Ivins should.  She also had concerns about where all of the new individuals will be getting water.  Harold Jones resides in the Heritage Estates subdivision and echoed what Mr. Livingston said and also commented about his concerns regarding increased traffic, speeding, loss of views and the mess with having an increased number of pets.  Mayor Hart referred to the increased traffic and commented that individuals are detouring through Ivins via Highway 91 while the gorge is under construction.  Sue Gordhammer resides in Kayenta and encouraged the Mayor and City Council to heed the recommendation from the Planning Commission and deny this request.  Lance Anderson resides in the Indigo Trails subdivision and referred to the Planning Commission and City Councils not wanting Highway 91 to look like Sunset Drive in St. George yet an RV Park has been approved, along with over 300 high density units.  He referenced the Planning Commission discussion recently regarding the application of ordinances and rules and he didn't realize that they didn't have the discretion to control density when there's verbiage in the ordinances or rules that say "up to" a certain amount of units.  He also commented that the City needs to address the ordinances and rules regarding ridgelines and design guidelines.  Patty Dupre stated that Ivins is working hard to obtain the Nigh Sky Initiative and commented that it was frightening to lose the night sky and with higher density, there is more light.  Jennifer Kennedy resides in the Desert Rose subdivision and was concerned with views being blocked, water, traffic and safety.  She was also concerned that the individual who would reside in the townhouses would go over to the Desert Rose Park and she didn't want to see that park ruined.  Mayor Hart closed the Public Hearing.
B. Discuss and consider the Planning Commission’s recommendation to deny a proposed Concurrent
land Use/Zoning Amendment from C-1 (Community Commercial) to R-M-TH (High Density Residential Multi-Family Townhouse) on 10.37 acres
Mayor Hart stated that an important point to make here is the future Western Corridor will be another major entrance into Ivins City so that intersection represents a prime commercial opportunity long-term and the fact that the commercial land has not sold, does not necessarily mean that it will not be sold in the future for a commercial purpose.  Neil Walter commented that many of the residents concerns regarding traffic, the night sky, public safety and similar will be amplified with a commercial use.  Council Member Densley stated that Ivins doesn't have a lot of commercial property, which is a good tax base for the City.  He was in favor of the Planning Commission recommendation of denial.  Council Member Elliott thanked those who were in attendance.  She appreciated the Planning Commission's careful consideration.  She stated that two (2) members on the Planning Commission mentioned affordable housing and that's becoming more and more of an issue in Utah.  She understood that density doesn't equate to affordability and that the State of Utah mandates that cities do something about affordable housing.  That being said, there are already a number of townhomes going in and she was inclined to support the Planning Commission's recommendation to deny this change.  Council Member McDonald had a lot of concern about what was being proposed and supported the Planning Commission's recommendation.  Council Member Mehr also supported their recommendation.

MOTION: Council Member Mehr moved to deny the proposed Concurrent land Use/Zoning Amendment from C-1 (Community Commercial) to TH (Townhouse) on 10.37 acres
SECOND:  Council Member Elliott
VOTE: The motion carried unanimously.

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


5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Continued discussion regarding vacating a portion of Normandy Road aka Fitness Way located south of Highway 91 and just west of Earl Road
Chuck Gillette stated that at the last City Council meeting, there was a concern raised by Lance Anderson, who the owner of the adjacent Indigo Trails subdivision.  Lance Anderson is not interested in obstructing or delaying this.

MOTION: Council Member Densley moved to approve vacating a portion of Normandy Road aka Fitness Way located south of Highway 91 and just west of Earl Road
SECOND:  Council Member Mehr
VOTE: The motion carried unanimously.

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

B. Discuss and consider approval of a proposed revision to Section 2.10 Lighting Design and replacement of Lighting Standard Drawings of the Ivins City Standard Specifications for Design and Construction
Lighting Ordinance
Lighting Ordinance Drawings
Chuck Gillette stated that at the last City Council meeting they came to a consensus to proceed with the original manufacturer so he wrote that in the standard and added a rural zone category.  He referred to the 12 foot and 10 foot poles and inquired if they had looked at those poles.  Mayor Hart inquired what the height of the poles were at the entrance of Red Mountain Resort.  Chuck Gillette indicated that those are 10 foot poles.  Mayor Hart stated that those are too short.  The Mayor and City Council discussed a rural zone west of 600 West and up to the Kayenta area and the safety of having minimal to no lights in that area.  Chuck Gillette referred to safety and commented that there are studies that say that if the speed limit is less than 30 mph, headlamps are considered to be adequate for safety.  Council Member Elliott indicated that she lives in the Silver Sage subdivision on the west side and people go faster than 30 mph.  She suggested that if there are cross walks that a taller post be installed.  Chuck Gillette commented that on Kwavasa Drive that a 12 foot pole could possibly work there.  Mayor Hart commented that this discussion is on-going and this discussion is specific to standards and design and doesn't address outdoor lighting but he'd like the outdoor lighting ordinance to be brought forward for review.  Dale Coulam referred to the specifications/standards and clarified that those need to be formally approved by Resolution and the outdoor lighting would be a separate discussion.  Chuck Gillette agreed that they are two (2) separate things.  Dale Coulam recommended that the specifications be amended further based on tonight's discussion and put those into a Resolution and then continue to work with Mike Scott on the outdoor lighting ordinance.  Mayor Hart inquired if the standards and specifications are needed because of development.  Chuck Gillette stated yes and that it could hold up development.  Council Member Densley referred to the rural zone and indicated that there needs to be some light and felt there was too much liability by not having lights.  Mayor Hart stated that he and some others met with Rocky Vista University regarding shielding and possibly placing the amber lenses on their lights.  Mike Scott commented that the International Dark Sky designation requires that the ordinance be changed.  With Ivins placing the amber filter, that goes beyond what the International Dark Sky Association requires.  Regarding light, the taller light polls are, the fewer poles there are but unless they are shielded, the light scatters.  Mayor Hart stated that a question for the Council is whether or not lights will be required at all in the rural zone.  He inquired if Kwavasa Drive was considered a collector road.  Chuck Gillette indicated that it is.  Council Member Elliott stated that she'd like to see lighting on the main road into the Kayenta Village because she didn't want to see anyone get hurt.  She was inclined to go with taller street lights on that collector.  Mayor Hart invited Lance Anderson to speak.  Lance Anderson commented that some studies say you need streetlights to stay safe and others say that no street lights are safe.  The Kayenta area doesn't want and he suggested that be a rural cross section.  Mayor Hart commented that a rural cross section should be the designator as to whether there are lights or not.  If there are concerns regarding pedestrian safety then bollards could be used rather than tall street lights.  Lance Anderson represented that individuals living in the rural cross section are passionate about not having any lights.  Mayor Hart indicated that pedestrian safety is huge and that's the purpose of an intersection light.  Chuck Gillette stated that was correct.  Mayor Hart requested that Chuck Gillette find out if placing bollard lighting would satisfy pedestrian safety.  The Mayor and City Council agreed to continue this discussion and bring a Resolution forward and discuss it at a future City Council meeting.

MOTION: Council Member Mehr moved to continue this discussion to a future meeting
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

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

C. Continued discussion regarding offers to purchase 15.5 acres of City property located at approximately 750 East and Center Street
Dale Coulam stated that nearly a year ago, the City held a Public Hearing on this issue and outlined what the City wanted to see as the use for the property.  The City has recently received offers from Vista School regarding a land swap, an offer from a developer proposing townhouses, which was rejected, and an offer from a developer that proposed a use similar to what was originally proposed.  The nature of the potential use has changed from what was discussed previously so it requires another Public Hearing be held.  The City Council won't consider or make decisions about specific offers tonight but the City has already noticed the Public Hearing, which will be held on June 20, 2019.   Further discussion, as well as any offers, will be discussed at that time.
D. Discuss and consider approval of a Preliminary Plan for Turner Subdivision consisting of 1.61 acres located at approximately 375 North 200 West
Application
Staff Report
Map
Mike Rodriguez stated that this is a 1.61 acre lot that is being subdivided into two (2) lots so that one new home can be built.  This is in compliance with City Ordinances.

MOTION: Council Member Densley moved to approve a Preliminary Plan for Turner Subdivision consisting of 1.61 acres located at approximately 375 North 200 West
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

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

E. Discuss and consider the Arts Commission’s recommendation to change the RAP tax application process
Arts Commission RAP Tax Application Recommendation
Arts Commission Implementation
Resolution
Mayor Hart requested that Judith Kapuscinski introduce this.  Judith Kapuscinski stated that she is the Vice-Chair of the Ivins Arts Commission and there are two separate recommendations under this agenda item.  She referred to the Application, Form and Process as it relates to RAP tax funds.  One of Arts Commission's duties is to determine how RAP tax is expended.  She was concerned that the City hasn't published or given notice to the public that funds are available and it seems appropriate to publish the process on Ivins website and possibly in the newsletter and use a form.  Council Member Mehr inquired that if the City hasn't published the application process, how did people find out?  Judith Kapuscinski indicated that the City's Ordinance lays out the process but commented that how may people look up that Ordinance is unknown.  Council Member Mehr inquired where the decision making would be.  Judith Kapuscinski stated the City Council.  Council Member Mehr referred to real or perceived conflicts of interest with the Arts Commission members who may have a conflict, deciding amongs themselves as a Committee, felt odd to him.  Judith Kapuscinski indicated that they have discussed that and would recuse themselves.  Council Member Mehr inquired if this related only the Arts portion of the RAP tax.  Judith Kapuscinski stated yes, only Arts.  Council Member Densley indicated that he didn't think that the City has done a bad job distributing the information.  Judith Kapuscinski clarified that this would be planning how best to serve the public going forward and that a more transparent process serves the public better.  Council Member Mehr inquired if she was aware of someone who was unable to apply because they didn't know about the process or requested that she tell the Council how Ivins is not transparent.  Judith Kapuscinski stated that there is no notification and it's up to individuals to attend the City Council meetings.  It's noticed as an agenda item but not published in a newspaper.  She suggested that the information could be placed on Ivins website and in the newsletter.  Council Member Elliott thought that was a great idea and indicated that it would make it easy for someone looking to apply.  Council Member Mehr inquired if the Council would be approving what the Arts Commission has drafted and if so, requested that Dale Coulam put that information into Ivins format.  Dale Coulam indicated that this would need to be adopted by Resolution if the City Council was adopting a different procedure.  The City Council could instruct him to follow the Arts Commission's process, he'd prepare a formal Resolution and attach as an exhibit, the Arts Commission's proposed form. Council Member McDonald indicated that he recalled three (3) different entities applying for the Arts RAP tax funding, those being the Kayenta Arts Foundation, Tuacahn and the City.  Council Member Mehr would like the changes to be in a Resolution and stated he didn't feel like the City hasn't been transparent.  Judith Kapuscinski indicated it wasn't meant to come across that way.  Council Member McDonald didn't feel like there was a rush to change things and his defense was the direction that these recommendations came to them.  Judith Kapuscinski apologized if this came across as negative in any way.  Mayor Hart referred to the second topic, implementation of the Arts Master Plan.  Judith Kapuscinski commented that there are public and private funds that are available, and the Arts Commission would like the City Council to authorize the Arts Commission to apply for grants and use those funds in accordance with the Arts Master Plan.  Mayor Hart stated he thought that was simple and that the Arts Commission is just asking for the authority to apply for grants and if they're successful, the authorization to use those funds.  Dale Coulam clarified that the Arts Commission would need to be given that additional authority by ordinance. Judith Kapuscinski indicated that if they write a grant for a specific project and they are then awarded the money, they have to come to the City Council and if the City Council says no, that money couldn't be used.  Council Member Mehr commented that it would be similar to when the Public Safety Department comes to the City Council asking for authorization to submit for a grant.  Dale Coulam stated the City Council approves those expenditures so that the Director of Finance and Accounts Payable are in the loop.  Council Member Elliott indicated that there isn't always time for them to come forward to the City Council to receive prior approval to apply for a grant.  Mayor Hart inquired how much time they typically have when they find out about a grant and submitting for one.  Judith Kapuscinski stated usually two (2) months.  Mayor Hart indicated that is enough time to bring it forward to the City Council.  Lane Mecham commented that many grants require a cash match or some type of match and without City Council approval, that would not be a good situation.   Mayor Hart suggested that Dale Coulam tweak these.  Dale Coulam stated that his concern was having somebody outside of the procurement code authorizing expenditure of funds.  He was okay with applying for the grants but as the Public Safety Department does, they come forward to the City Council for approval. Council Member Elliott indicated that this might be a larger discussion and stated that the City needs to set aside a budget or some process where the Arts Commission is able to do those things they want to do.  Judith Kapuscinski indicated that she raised that because the application asks what their budget is and the Arts Commission does have one.  She could eliminate the third recommendation of expending funds but the first two would give them authority to apply for grants.  Dale Coulam was okay with giving them the authority to apply.  Council Member Mehr recommended that this be brought back to the City Council for further discussion after Dale has tweaked the documents.
F. Discuss and consider approval of Resolution No. 2019-13R, a Resolution of Ivins City, Utah, amending the budgets for fiscal year ending 2019 and adopting the Final budgets for fiscal year ending 2020
Resolution
Lane Mecham stated that there are no material changes to the budget.  Mayor Hart inquired if the City could provide a budget for the Arts Commission.  Dale Coulam clarified that they are not a separate department and any budget would just need to be a line item under General Government. Council Member Mehr referred to the budget for Public Safety and inquired if other departments were restricted because of the budget for Public Safety.  Lane Mecham clarified that no department was restricted because of Public Safety's budget.

MOTION: Council Member McDonald moved to approve Resolution No. 2019-13R, a Resolution of Ivins City, Utah, amending the budgets for fiscal year ending 2019 and adopting the Final budgets for fiscal year ending 2020
SECOND:  Council Member Densley
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members who were present voted in favor.
G. Discuss and consider approval of Resolution No. 2019-14R, a Resolution of Ivins City, Utah, approving the Certified Property Tax Rate for calendar year 2019
Resolution
Lane Mecham indicated that this is the rate that Washington County provides to the City.  Council Member Mehr inquired what would happen if the City didn't approve this rate.  Dale Coulam clarified that if the City was going to increase the rate or hold it at the old rate, the City would need to hold Truth in Taxation hearings.

MOTION: Council Member Densley moved to approve Resolution No. 2019-14R, a Resolution of Ivins City, Utah, approving the Certified Property Tax Rate for calendar year 2019
SECOND:  Council Member Elliott
VOTE: The motion carried unanimously.

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

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

6) CONSENT AGENDA
A. Approval of City Council Meeting Minutes for May 16, 2019
Minutes - DRAFT

MOTION: Council Member Mehr moved to approve the Consent Agenda
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Mehr referred to the "up to" number verbiage relating to density for townhomes and inquired if that is something that the Planning Commission could look at as a future agenda item.  Dale Coulam stated that they are already planning on doing that.  Council Member Mehr referred to the Dark Sky Initiative and felt that was great but worried about Ivins giving up authority to register a building as a Historic Landmark or something similar.  Mayor Hart clarified that the initiative has no authority.  Council Member Elliott commented that it's a certification.  Mayor Hart requested that they bring the lighting ordinance up for discussion.
Council Member Densley - no report
Council Member McDonald reported that the Executive Board of the Washington County Solid Waste District meets frequently and they are still trying to keep recycling a float but the recycler has issued a force majeure to try and get out of the contract.  Council Member Elliott clarified that it's like an Act of God or something that's unforeseen.  The board has discussed cancelling the recycling program but they are trying to avoid that.  There is more to process than bury and the cost is almost twice as much to recycle rather than bury it.  There are many issues but there are still two (2) years left on the contract and they may have to raise the recycling price by approximately .71 cents.  Ivins is an all-in City meaning it saves the residents money because there are no staffing requirements to determine which residents are participating and which ones are not.  
Council Member Elliott - no report
B. Mayor
Mayor Hart requested that the City Council budget time to attend the emergency preparedness fair next week on June 13th.  He attended a CEC (Community Education Channel) Board Meeting and when he got involved years ago, the CEC was in debt from purchasing equipment.  That debt will be paid off in December of this year and moving forward they will purchase items on a cash basis.  He referred to the entrance sign that they've been discussing.  He likes the swish logo and spoke to some people that do his steel work for him and they can cut that out in any size and there are acid treatments that you can use on steel that could replicate the red mountain and then bolt to a concrete base.  The cost is approximately $5,000 or less for the metal finished on both sides and then with the concrete work, it would be under $10,000.  He could have them cut out a small one for $400-$500.  The City Council agreed to the small cut out so they can see what that looks like.
C. City Manager/Attorney Dale Coulam
Dale Coulam reported that the Kanta Project Plan will change and they will see a different version when it comes forward for a Public Hearing before the City Council.  They will also see the original plan for Kanta, which was formerly known as The Casitas at the Ridge.  He reported that the City Council Candidacy filing ends tomorrow at 5:00 p.m.  There have been seven (7) candidates file so far, which means the City will hold a Primary Election.
D. Items to be placed on future agendas
Council Member Elliott would like to address a budget for the Arts Commission.  Mayor Hart would like the outdoor lighting ordinance to be brought forward.  Council Member Densley stated that there is definitely an issue with dogs running around at Fire Lake Park.  Something has to be done.  Mayor Hart commented that citations have been given but Judges have thrown them out because they've said the rules are confusing and that's why they are considering a ban on dogs at Fire Lake Park.  Council Member Densley requested that the entrance signs be in place before December 31, 2019 when his City Council term ends.

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND:  Council Member Elliott
VOTE: The motion carried unanimously.

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

The meeting adjourned at 9:00 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder