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
March 24, 2022

NOTICE: This meeting will be held in person.  You may listen to the live audio feed by going to www.ivins.com under "Upcoming Events".  When the meeting is live, it will reflect "In Progress" - click on the "In Progress" link to listen to the meeting live.  YouTube Link: https://www.youtube.com/watch?v=ncqkpJiTLsU Zoom Link: https://us02web.zoom.us/j/82264716401 Webinar ID: 822 6471 6401 The asterisk * indicates an item or items added to the agenda.

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 Mayor Hart, Council Member Mehr, Council Member Johnson, Council Member Murphy, Council Member Anderson, and City Recorder Kari D. Jimenez.
STAFF: Dale Coulam City Manager/Attorney, Building and Zoning Administrator Mike Haycock, Public Works Director/City Engineer Chuck Gillette, and Director of Finance Cade Visser.
EXCUSED:   Council Member Scott
Audience: Brad Osburn, McDonalds, Becky & Chuck Warren, Judith Hutcheson, Judith Kapuscinski, Jared Madsen and others who did not sign in.
A. Acknowledgement of Quorum
Mayor Hart acknowledged that there was a quorum present.  Council Member Scott was excused.
B. Flag Salute
Council Member Anderson led the Flag Salute
C. Invocation
Council Member Anderson gave the Invocation
D. Disclosures
Council Member Anderson referred to agenda item 2)A regarding the Concept Plan for Kwavasa Phase 2 and disclosed that he is involved in that development.  There were no other disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Concept Plan Report for Kwavasa Phase 2, located at approximately Evening Star Way. Kayenta Development-Owner/Applicant
Staff Report
Application
Plan
Map
Mike Haycock reported that this subdivision consists of a total of 3 lots on 3.43 acres.  The property is zoned RE-43 with lot averaging (Single Family Residential Estate, minimum lot size of 43,000 sq ft.  Lot averaging is not required on these lots.  The application is complete and meets the required zoning.  The TRC (Technical Review Committee) identified drainage as a concern on the property that will need to be addressed, as well as the developer's intention on where the sewer will be connected.
B. Concept Plan report for Desert Cove Subdivision, located at approximately 200 North and Kwavasa Drive. RT Marten Utah, LLC-Owner. Southland Ventures, LLC and Parkland Ventures-Applicant
Staff Report
Application
Plan
Map
Mike Haycock reported that this subdivision consists of 28 lots on 10.269 acres and is zoned RE-12.5 (Single Family Residential, minimum lot size of 12,500 sq ft.)  The application is complete and the proposed density and use is consistent.  The TRC (Technical Review Committee) looked at future developments to the south and discussed whether or not access aws necessary.  That will be addressed at the Preliminary Plan stage.
C. Ivins City Arts Commission 2021-2022 Annual Report
Report
Judith Kapuscinski provided an Annual Report, a copy of which is available as an attachment to this agenda.  
D. Department Reports: Building Department; Public Works/Engineering; Finance
Building Dept Report
Public Works Summary of Operations
Engineering Report
Finance Report
Chuck Gillette reported that a representative on the HOA (Home Owners Association) for The Springs development contacted him regarding entering into an agreement with the City regarding a City easement.  The development has ponds and water features but has experienced a water loss problem and they are looking at replacing the liners and reducing the size of the ponds.  A portion of the development has a City easement and they would like to know what could be done with the property along the trail that goes through the wash.  Because of the easement, a wall cannot be put in.  They do have a landscape berm there but since they have drained the ponds, people have walked onto the property.  They would like to close the berm so that people cannot walk into their yards, as well as reduce water use by getting rid of the water feature.
He reported that they received bids for pavement maintenance and will report on that at the next City Council meeting.  Council Member Johnson inquired if the City has a schedule for the roads that are going to be maintained and if there is public access to that schedule so that people know approximately when that will occur.  Chuck Gillette indicated that the City provides maps and puts the information on the website.  Council Member Johnson referred to Ivy Circle and inquired when that was scheduled to be maintained.  Chuck Gillette stated that is a newer subdivision that had the HA5 product so it likely would not be addressed for a while.  Council Member Johnson indicated that there are large cracks in that subdivision and inquired as to the best way to address those concerns.  Chuck Gillette stated to contact him but that he will follow-up on Ivy Circle.  Mayor Hart referred to the HA5 product and inquired if there was an expectation to stretch that out more than seven (7) years.  Chuck Gillette indicated it is the best product available and the hope is to stretch its usefulness to seven (7) or more years but that it is guaranteed for five (5) years.  Mayor Hart referred to the R&PP application and commented that the Fish and Wildlife Service met with Ivins to discuss mitigation measures for the desert tortoise.  The mitigation ratio will be 5 to 1 (5:1).  Staff is working to reduce the overall acreage that would be acquired by the City, to hopefully reduce costs.  Staff is also working with the Fish and Wildlife Service to see if that mitigation rate can be reduced.
Mike Haycock reported that a building permit has been issued for Black Desert Resort and they held a pre-construction meeting with the development group.  The City will be holding three (3) Open Houses regarding Land Use the first week of April and residents are invited to attend.  The dates, times and locations are as follows: Tuesday, April 12th at Fire Lake Park; Wednesday, April 13th at Ivins City Park; and Thursday, April 14th at UNITY Park.  All Open Houses will be held from 5:00 p.m. to 7:00 p.m.
Cade Visser reported that he has been meeting with the Department Heads regarding their budgets and he will provide a presentation at the second meeting in April for them to discuss the proposed Tentative Budgets.  Mayor Hart referred to the Highway 91 project and inquired if the City had thought about a bonding solution for financing that.  Chuck Gillette commented that the City was originally committing $1 million dollars but the City might see pricing that will put Ivins pricing around $2 million dollars.  Dale Coulam clarified that the City thought about bonding but just didn't know with the strange economic times how that would play out.  The City could could come up with a significant portion of the $1 million dollars but they are having preliminary talks with Zions Bank to discuss some funding options.  Council Member Anderson referred to expanding Highway 91 and felt that if they are spending the money for that project, it should be expanded to more than 2 lanes.
E. Planning Commission Report
Mike Haycock reported that the Planning Commission reviewed a Concept Plan report for the Kwavasa Phase 2 subdivision and the Desert Cove subdivision.  They also discussed a Preliminary Plan for Black Desert North Estates Village subdivision and a Final Plat for the Sentierre Padre Canyon Phase 1-C subdivision.  The Planning Commission held two (2) Public Hearings, one regarding proposed amendments to the non-residential Table of Uses to clarify definitions and Classes of Use.  The other Public Hearing was regarding proposed amendments to exterior colors regarding Light Reflective Value.  Those will go forward to the City Council as Public Hearings in the future.  The Planning Commission also continued to discuss the Land Use Map, Zoning Map and General Plan Amendments.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
Form
None

4) PUBLIC HEARING AND ACTION ITEMS - None

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Resolution No. 2022-07R, a Resolution of Ivins City, Utah, honoring Judith Kapuscinski as the Recipient of the Mayor’s Award for Community Service
Resolution
Mayor Hart read the Resolution.  A copy of the Resolution is available as an attachment to this agenda.  Action was taken in 2015 to create an Arts Commission and to include an Arts portion to the Ivins Master Plan and General Plan.  It is an important piece of what Ivins City is and what the City is becoming.  Credit goes to all of those who have served on the Arts Commission and who have propelled this effort forward.  He was personally grateful for all of the time and energy that Judith Kapuscinski has spent in the effort for the Arts.  The Mayor and City Council honored Judith Kapuscinski with this award.

MOTION: Council Member Mehr moved to approve Resolution No. 2022-07R, a Resolution of Ivins City, Utah, honoring Judith Kapuscinski as the Recipient of the Mayor's Award for Community Service
SECOND:  Council Member Johnson
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member Johnson AYE
Council Member Murphy AYE
Council Member Anderson AYE
Council Member Scott ABSENT

Roll call vote.  All Council Members who were present, voted in favor.
B. Discuss and consider approval of Resolution No. 2022-08R, a Resolution of Ivins City, Utah, appointing a Planning Commission Member
Resolution
Mayor Hart indicated that his nomination for this appointment was Derek Larsen, who served for a brief period on the City Council and is a solid and innovative thinker.  He was a major contributor as the Council reviewed the Night Sky Ordinance.  Council Member Mehr stated that he served with Derek on the City Council and concurred with Mayor Hart.  He inquired as to who was being replaced on the Planning Commission.  Mayor Hart clarified that he would be replacing Jeff Loris.  Jeff Loris has been on the Planning Commission for over 10 years and as an Engineer, has dealt with many development related issues and ordinances and was extremely helpful serving on the Planning Commission.  Mayor Hart thanked Jeff Loris publicly for those years of service and the excellent contribution that was made to the discussions and information that he provided.

MOTION: Council Member Johnson moved to approve Resolution No. 2022-08R, a Resolution of Ivins City, Utah, appointing Derek Larsen as a Planning Commission Member
SECOND:  Council Member Mehr
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member Johnson AYE
Council Member Murphy AYE
Council Member Anderson AYE
Council Member Scott ABSENT

Roll call vote.  All Council Members who were present, voted in favor.
*C. Discuss and consider approval of the Planning Commission’s recommendation on a Preliminary Plan for Black Desert North Estate Village Subdivision, located at approximately Snow Canyon Parkway and Splitrock Drive. Enlaw, LLC-Owner. Jared Madsen-Applicant
Staff Report
Application
Preliminary Plan
Land Use and County Map
Grading Plan
Utility Plan
Mike Haycock reported that Black the Desert North Estate Village subdivision consists of 33 lots on 35.2 acres.  The land use is low density residential and the property is zoned RE-20 (Single Family Residential, minimum lot size 20,000 sq ft) and RE-37 (Single Family Residential, minimum lot size 37,000 sq ft.  The proposed density and use is consistent with the General Plan.  The Padre Canyon subdivision is buffered to the west with the RE-37 portion of the North Village project.  The TRC (Technical Review Committee) reviewed the plan and recommends approval, as it meets the Ivins City ordinances.  Mayor Hart inquired as to the specific buffer distance requirement.  Mike Haycock indicated 300 feet.  Council Member Anderson inquired if this was just single family residential.  Council Member Murphy inquired if there would be vacation rentals as well.  Dale Coulam clarified that the zoning was clear that the buffer would be Single Family Residential at RE-37 with single family residential type of homes that are built within that 300-foot buffer.  Some of those along the Western Corridor may turn into part of the hotel under the resort concept of Black Desert. The 300-foot buffer is the private section that will be intended as single-family homes for some of the owners of the Black Desert project.  Mayor Hart inquired of Dale Coulam if this meets those expectations. Dale Coulam stated that they did and has been reviewed.  A Grading Plan and the Utility Plan are available as attachments to this agenda and those have gone over fire access, fire hydrant locations and how long the hose poles will be.  There is quite a change in grading from the Western Corridor down to some of the lots.  The TRC and the Planning Commission have recommended approval.  Council Member Anderson commented that the zoning currently is RE-37 and RE-20 and if they wanted short term rentals, they would have to change the zone.  Dale Coulam clarified the zoning aspect would need to be finished but the land use is already Resort Commercial.

MOTION: Council Member Johnson moved to approve the Planning Commission's recommendation on a Preliminary Plan for Black Desert North Estate Village Subdivision, located at approximately Snow Canyon Parkway and Splitrock Drive. Enlaw, LLC-Owner. Jared Madsen-Applicant
SECOND:  Council Member Murphy
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member Johnson AYE
Council Member Murphy AYE
Council Member Anderson AYE
Council Member Scott ABSENT

*D. Discussion on the Planning Commission’s recommendations regarding Light Reflective Value in Chapter 19 of the Ivins City Code
Chapter 19
Rough notes from Planning Commission meeting
Mike Haycock reported when he originally brought this to Planning Commission it was to clarify the language for contractors and make it easier to enforce. There are a lot of inconsistencies between different developments and contractors on how it is interpreted. The ordinance talks about small amounts but that has been expanded. The language needs to be clarified, so it can be enforced.  The Planning Commission decided to look at the whole ordinance and their recommendation is to do away with the LRV (Light Reflective Value) requirements and leave the paragraph on accents and trims.  Mayor Hart provided some historic perspective.  As he looked at the Planning Commission and their discussions, there has been too little attention paid to why this came about in the first place.  In 1998 he had acquired his first parcel of land on Tuacahn Drive. He went to the Planning Commission for approval of the project and Colin Harrison was the Chairman of the Planning Commission, a former Marine and passionate about preserving Ivins.  Mayor Hart ended up having to bring a pickup load of roof samples, stucco samples, stone samples and an architectural diagram, showing the kind of project that he was planning on building.  The Planning Commission determined that as an outside developer coming into this pristine and beautiful location, the project would not be done right.  Similar to other developers, he was upset about all the requirements that were being imposed.  He came from eastern Idaho were there are very different types of homes and he found himself altering architecture and completely rethinking what the character of the homes he was going to build, would look like.  He came to understand and respect the fact that he doesn’t care what the fashion colors are at the time, the Red Mountain does not change and the backdrop of Ivins City is not alterable.  Colors come and go and the colors of things that are built, is not a fashion related thing.  The fashion colors now are black and white but who knows what they will be in 10 years.  He has lived long enough, been in the business long enough and read enough professional builders’ magazines, to have seen bright blue, bright yellow, bright orange and so forth as the fashion colors of the day.  What happened to him with the Ivins Planning Commission, ended up being a project 10 times better than he had planned.  He was one of the early developers in Ivins City and the only projects that were underway were Padre Canyon Estates and Kayenta.  Ivins City is not an ordinary city with an ordinary backdrop.  He considered Ivins City to a National Park environment. The City Council and the Planning Commission are stewards of Ivins City.  Someone choosing to live in Ivins accepts the fact that there is a Night Sky ordinance and they cannot put any old light fixture on the front of their house that they want.  The City has every right to insist that they protect the Red Mountain.  He gave everybody both watching and sitting in the audience, a homework assignment - to drive through Ivins City and see what stands out and what is a distraction from the magnificent setting - it is the houses that are too light, it's the ones that look almost white.  This issue means a great deal to him and if they hold to their guns, they end up preserving something that's important to preserve. He is a property rights person as well but there are lines that are always drawn between the rights of the public at large and the rights of an individual property owner.  As stewards of the City, the City Council should not be abandoning this as the Planning Commission recommendation suggests.
Council Member Anderson indicated he came back to Ivins City in 2003 and he has been involved in almost every City Council and Planning Commission meeting. Everything has been about the Red Mountain and the view of the Utah Hill. That is what the whole LRV ordinance has been driven around. The Governor of Utah has taken away some of those rights but if the Council wants to change this, the General Plan needs to be changed first.  Mayor Hart commented that he found it interesting that before there ever was an ordinance, if you drove through the Historic part of Ivins City, there were not many white houses. People were building homes respectful of the mountain backdrop. The past Councils that he witnessed develop the concept and put it in ordinance form, were very conservative councils and people with a vision that loved and respected this place. Council Member Murphy stated that from her perspective, when she came to Ivins City 21 years ago in 2001, and visited the area in the 1990’s, she recalled coming out to Ivins and there was a subdivision where everything was white with red roofs.  At the time she thought why would you put that here in this beautiful desert color?  She was not from here, but the Ivins City logo was Our Home Beneath the Red Mountain and agreed with everything that Mayor Hart said. Council Member Anderson indicated that some people think property rights are tangible but property rights are the ordinances and agreements that are agreed on when you move into a community.  Just because you have a piece of property, that's not the right. It's the right you bought into when you bought that piece of property.  In Utah there are different rights then there are in California and some people move to Utah for a reason where they want to live under those rights that they have under their property.  To say a City does not have a right to do certain things, he totally disagreed. Council Member Mehr stated that the recommendation is to allow a developer to provide an official palette of colors that blend with the natural environment and remove LRV (Light Reflective Value) as a measure.  Council Member Anderson commented that if you listen to the Planning Commission meetings, that's where a lot of this conversation went to but based on Council Member Scott's request that this be a continued discussion when he is able to attend, he suggested this discussion be continued.  Council Member Mehr indicated that he wanted to hear from Dale Coulam regarding what has occurred in State law.  Mayor Hart inquired of Mike Haycock whether the approval comes with the individual home or whether it comes with a pallet that's presented to him and how he determines whether a color qualifies.  Mike Haycock stated the process has changed since he has started working for Ivins City but originally it was done in the field on the final inspection.  Now the process has moved up to where they make that determination during the building permit plan review stage so that it is not a decision that is made at the end.  That avoids having to remove something or repaint it.  They are doing the approvals ahead of time to make it a lot easier.  He has heard contractors and owners complaining about the ordinance and it not being enforced equally.  It is important to have this type of ordinance.  Mayor Hart indicated that LRV is a very difficult type of thing to judge and it can come across as being arbitrary.  The LRV was introduced to set a scientific standard that could be measured. Mike Haycock commented that there are some colors currently that are allowed, that the Council may not find attractive, but they meet the LRV.  He suggested possibly removing the LRV requirement and find a different standard.  Council Member Anderson stated that LRV is one of the filters and all of this is very subjective and affects apartments and short-term rentals.  Dale Coulam clarified that the modification buy the State applied to single family homes and that a Development Agreement is a clear exception to the State law.  Referring to the term "property rights", you can contract away those property rights and agree that a neighborhood is going to abide by a set exterior color and establish that upfront in the form of a Development Agreement.  The City then enforces the Development Agreement or there can be CC&R’s (Covenants, Conditions & Restrictions) but it is up to HOA (Home Owners Association) or the homeowners themselves to enforce those because the City is not involved in that.  There is a notion that residents love property rights up front but then want the City to enforce it all on the tail-end. Design guidelines include things like architectural features, shadowing and height so that a building does not just look like one big block box or mass.  If Ivins City is going to throw out the design guidelines in favor of property rights and go with what the State Legislature has enacted, then the Council makes that decision.  He brought up to the Planning Commission that in a draft Development Agreement, those things are negotiable.  Do they want everything spelled out for every guideline or just exterior colors or heights, because those have been issues?  Developers can negotiate those things, including height because under the State law, height is a negotiable item.  The subjective standard, along with the objective standard, catches the vision and what is trying to be portrayed but at least there is a standard.  The LRV gun itself has some variation that depends on if it is used in the bright sun or if it is a cloudy day or if the gun itself that is being used is accurate.  It is good to identify the color up front and is currently being done in the office, in a controlled environment, where it is the same light and similar and then they look at the subjective test next to that objective one and see where they end up.  It's a better ordinance if there is a standard in place because currently it is hard to enforce the purely subjective standards but easier to enforce the objective standards.  Mayor Hart indicated that the Planning Commission may have come up with a good idea of blending the environment but whatever the City ultimately comes up with, the Building Official needs the tools to be able to make those decisions.  He referred to "accents" and commented that there needs to be a better definition of what accents are.  Council Member Anderson inquired if he had a conventional subdivision and no Development Agreement, if he chose to not to follow any of the City's guidelines, could he build whatever he wanted?  Dale Coulam clarified that a Development Agreement is required with every subdivision and what that Development Agreement says, is what is to be built.  Council Member Anderson inquired if he brought in a color palette and one of those colors was pink, would that be okay?  Dale Coulam stated according to the State, yes.  Council Member Johnson indicated not according to what Ivins City rules are. Council Member Anderson stated that these guidelines are important to help the City understand and guide developers in that direction.  If a developer wants to come to Ivins and build pink houses, the City cannot keep that developer from building pink houses because of what the Utah Governor did.  Dale Coulam stated that was correct. Mayor Hart indicated a Development Agreement is just that, it's an agreement.  The City is not going to agree to pink houses.  Dale Coulam clarified that the City can negotiate that, but the City cannot prohibit it, according to the State law.  Developers can come into the City and tell the City what their palette of colors are and they can differ from Ivins design guidelines.  The City can offer incentives to the developer to try and persuade them to go along with Ivins design guidelines and to accept that and that would be the back and forth negotiation.  What was signed into law at the State level, took away the authority at the City level, to impose a standard.
Council Member Johnson stated she was appreciative of Mike Haycock's approach in addressing the color earlier in the process, rather than at the end.  She indicated that it was important for Ivins community to respect each other’s opinions.  Talking about property rights, in the early days, people who lived here and when they moved here, built yellow homes, pink homes, blue homes and others didn't hate them, they loved it.  Times have changed but it's gotten to the point where people are so worried about everybody else and what they're doing, that they don't respect other people.  The Council must be careful about imposing the Councils' choices on other people because what's beautiful to one person is not beautiful to another.  There have been many complaints about Rocky Vista University, yet it met all the guidelines in color and all of the things that were required but some people think it's the ugliest thing they've ever seen.  She thought that it was beautiful because it is a University that came to Ivins and she does not pay a lot of attention to looking at the building.  She sees the building but it is not so offensive that it cannot be tolerated.  The Council needs to go back to what was talked about before and decide what the reasons are for doing what they do.  There are so many people that have an opposition or an opposing view to this regulation of color but there are just as many who agree with it. LRV was discussed in the Planning Commission meetings and that the color John Deere tractor green is an allowed color and meets the guidelines but the question is, how many people are really going to build a green house in this expensive community that doesn't fit in?  People should have the rights that they deserve and if they want a white window, let them have a white window.  It's bright, but does not detract from the beauty of the Red Mountain.  When the Development Agreement requirement was brought to the Council, she was the only person on the City Council to vote "no" because she felt that it takes away others rights.  Mayor Hart indicated that what the Planning Commission is recommending is that there is some work that needs to be done to solidify how that would work and Council Member Scott would like to participate in this discussion. Council Member Anderson agreed with what Council Member Johnson said and commented that some people think when you say the word "respect", that means you need to do what they want. Respect means you respect the choice. When someone imposes a choice on you, or you do something you don’t want to do, they just made the choice for you. It's a two-way street, when you make a choice, you make a choice for others also. That is why the City has ordinances and agreements. The John Deere green color only meets one requirement, you cannot paint your house John Deere green based on the rest of the guidelines.  Mayor Hart stated the target needs to clarify what those filters are and how they're used so it doesn't become an arbitrary thing and a source of conflict.  Council Member Anderson commented if they want that, use CC&Rs where every subdivision has a boundary and residents know what their boundary is.  When a subdivision is built with CC&R’s, there are boundaries and that is why Development Agreements are so important. It helps keep the City as a whole.  It's an investment.  Every homeowner is investing in those rights and the Council needs to make sure not to take away any rights.  Council Member Murphy indicated that the reason this came about is because the Building Department needs some guidelines.  This is a commonsense thing and the City is not trying to say "you can't do this and you can't do that."  Mike Haycock stated that enforcement is difficult because it is subjective.  Mayor Hart indicated that he and Council Member Anderson come from the development world and when a developer comes into a community to put together a project, they're not looking to come in and undo what a City is.  They want to be able to read through the ordinances and General Plan and know what the City wants and expects.  A developer is looking for the easiest and quickest way to get through the approval process. That usually means complying with what's there instead of fighting with the Planning Commission and fighting with the City Council.  Council Member Anderson commented  that developers don't just come to a community to hurry and build a project easily.  They come here to follow the guidelines to hopefully sell the same product everybody else is selling, because it's selling.  Mayor Hart stated that the objective will be to move forward and to strike a balance.

MOTION: Council Member Mehr moved to continue this discussion to the next City Council meeting
SECOND:  Council Member Anderson
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member Johnson AYE
Council Member Murphy AYE
Council Member Anderson AYE
Council Member Scott ABSENT

E. Continued discussion regarding Ordinance adopting and implementing regulations for landscaping and water conservation for developing land in Ivins City
Memo
Draft Ordinance
Mayor Hart thanked Council Member Scott for reviewing the ordinance that has been proposed by the Water Conservancy District and making the comparisons line-by-line. The most significant departure is that the Water Conservancy District did not do a good job addressing resort development because development in Washington County are not resorts like Sentierre or Black Desert.  He inquired if the City Council agreed that there needed to be a separate section for resorts.  The City Council agreed. Council Member Mehr inquired what is the purpose of the Work Meeting was next week on this ordinance.  Mayor Hart commented that it was to work through the resort component but another option tonight would be to table this agenda item so that Council Member Scott could be present to discuss this at the Work Meeting.  The Mayor and City Council agreed.  Council Member Anderson commented that this ordinance relates to any new water connection in the City but if it is an old water connection it does not apply unless they ask to remodel or build a new home on the lot.  Dale Coulam clarified that this is just for new construction.  If a project is already is vested through a Development Agreement or a Conditional Use Permit, those would be vested and this ordinance would not apply to them. It would be prospectively going forward with new developments that do not yet have a Development Agreement or a Conditional Use Permit. Council Member Anderson stated that he did not agree with anything in 4.2 Landscape Standards because it would throw a burden for every homeowner.  Council Member Murphy indicated that is for non-residential zones and development and not for residential.  She felt it was important for the Council to move this ordinance along.  The Council can always look at the ordinance again in six (6) months if need be but time is of the essence for this ordinance.  Mayor Hart requested that the City Council to go through the draft ordinance that Council Member Scott provided and make notes so that they can move productively forward at the Work Meeting. Council Member Johnson agreed with Council Member Murphy and commented that the City of Santa Clara intended to go back to the ordinance that they just passed, in six months to review it.  Mayor Hart suggested using the Work Meeting to hash out specifics of the Ordinance and then finalize at an upcoming City Council meeting. The City Council agreed.

MOTION: Council Member Anderson moved to continue the agenda item
SECOND:  Council Member Mehr
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member Johnson AYE
Council Member Murphy AYE
Council Member Anderson AYE
Council Member Scott ABSENT

Chuck Gillette stated that his son recently did a science fair project for school that he assisted him with.  They looked at 20 different subdivisions in Ivins and added up everybody’s water use in those subdivisions and then determined an average water use for each of the subdivisions.  The conclusion was based off of lot size.  There is a correlation between lot size and water usage wherein the larger the lot, the higher the usage.  He did not have all of the water data for Kayenta because Ivins does not serve the entire Kayenta area but Ivins does serve the Taviawk area.  There were three (3) subdivisions that they analyzed in the Taviawk area and two (2) of them had the lowest water use.  There are multiple subdivisions in the project and a data table.  He will provide this information to the Mayor and City Council. Older subdivisions tend to use more water than newer subdivisions.  He has another study from the City of St. George where they did an analysis based on the year the home was built and it showed that the homes that were built 40 to 50 years ago were built on bigger lots, and they tend to use more water than the newer subdivisions.

6) CONSENT AGENDA
A. Approval of City Council Meeting Minutes for March 3, 2022
Minutes - DRAFT

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

Council Member Mehr AYE
Council Member Johnson AYE
Council Member Murphy AYE
Council Member Anderson AYE
Council Member Scott ABSENT


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Murphy referred to a letter received from residents thanking the Fire Department for their assistance.  She appreciated receiving the positive correspondence.  
Council Member Johnson reminded the Council that the Fire Department assists anybody who needs to replace the batteries in their smoke detectors .  She reported that they will e holding their first Heritage Days meeting on Wednesday, March 30th.  Heritage Days is scheduled for Friday, September 9th and Saturday, September 10th.  Anyone who is interested in volunteering can call the Parks and Recreation Department at City Hall.
There were no other Council reports.
B. Mayor
Mayor Hart reported that the Princess Pageant will be held on Saturday, April 9th at 7:00 p.m. at Snow Canyon High School..  As of yesterday, there are eight (8) new contestants.  The International Concrete Association has awarded Ivins City a regional award in design for tilt-up concrete that was used in the new City Hall building and there will be a banquet in Salt Lake City on Friday, April 29th and if anyone is interested in attending, they are welcome to join but he needs to know right away because registration is required.
C. City Manager/Attorney Dale Coulam
No report
D. Items to be placed on future agendas

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member Anderson moved to adjourn
SECOND:  Council Member Johnson
VOTE: The motion carried unanimously.

Council Member Mehr AYE
Council Member Johnson AYE
Council Member Murphy AYE
Council Member Anderson AYE
Council Member Scott ABSENT

The meeting adjourned at 7:22 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder