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
April 7, 2022

*NOTICE: This meeting will be held in person and electronically.  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.  The Mayor and/or City Council Members may attend via telephone conference if they are unable to attend in person, so long as there is a quorum at the anchor location of 85 N. Main St., Ivins, Utah. YouTube Link: https://www.youtube.com/watch?v=gsElf0uBov4

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 Scott, Council Member Mehr, Council Member Johnson, Council Member Murphy, Council Member Anderson, and City Recorder Kari D. Jimenez.
STAFF: City Manager/Attorney Dale Coulam, Chief of Police Bob Flowers, Public Works Director/City Engineer Chuck Gillette, Parks and Recreation Director Benny Sorensen, and Building and Zoning Administrator Mike Haycock.
EXCUSED:  None.
Audience: Myrna Olson, Becky & Chuck Warren, Dave Appel, Randy Johnson and others who did not sign in.
A. Acknowledgement of Quorum
Mayor Hart acknowledged that there was a quorum present.
B. Flag Salute
Council Member Mehr led the Flag Salute
C. Invocation
Council Member Mehr gave the Invocation
D. Disclosures
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Mayor Hart recognized Kai Reed regarding a recent Declaration that was signed by Utah Governor Spencer J. Cox.  Kai Reed read the Declaration signed by the Governor, a copy of which is available as an attachment to this agenda.  She thanked the Mayor and City Council for what they have done in their thoughtful consideration as they went through the recent lighting ordinance and protecting the night sky.
Governor Spencer J. Cox Declaration of April, 2022 as Utah Dark Sky Month
Mayor Hart referred to correspondence the City received from Rocky Mountain Power.  Rocky Mountain Power provided A Certificate of Blue Sky Renewable Energy Support for 2021.  Ivins City reduced its carbon footprint 46,889 pounds of carbon dioxide by supporting 33,600 kilowatt-hours of renewable energy, which is how much energy 50 solar panels would generate in a year.  A copy of the Certificate and information is available as an attachment to this agenda.
Certificate

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. *Update on Memorandum of Understanding regarding Black Desert Resort
Memorandum of Understanding
Blast Reports
Chuck Gillette provided a signed copy of the Memorandum of Understanding and Blasting Reports for Black Desert Resort to the Mayor and City Council.  These reports are available as attachments to this agenda.  The City has been receiving complaints regarding blowing dust from the Black Desert Resort site.  On Monday, March 28, 2022, there was a significant wind event where dust was seen throughout the County and various construction sites contributed to that.  He met with Black Desert Resort about doing a better job at controlling dust, as well as the expectations and requirements.  They also discussed wind speed triggers and agreed that when winds are predicted to exceed sustained levels above 15 miles per hour, Black Desert Resort will increase pre-watering of the site, in anticipation of the wind event.  When sustained wind speeds exceed 15 miles per hour and are forecast to continue at those levels for more than 30 minutes, they will pause and potentially shut down all earth disturbing operations. 
The City has also received concerns regarding blasting, potential damage to homes and monitoring of the blasting.  The Fire Department is in charge of the blasting permit and he spoke with Con Fulde with the Fire Department this week and was assured by him that the blasting contractor that is on the Black Desert Resort project site, is qualified, licensed,  bonded and a very competent contractor that knows what they're doing.  Chuck Gillette reached out to the developer regarding the blasting and was provided Blasting Reports from February 18, 2022 to April 6, 2022.  The blasting contractor has seismic monitoring stations on the project and the blasts are required to stay below 0.2 in/sec to be within the acceptable range and the Blast Reports indicate that they are below that and are in compliance.  Regarding potential damage to homes, he has not seen any evidence of actual damage.
B. Department Reports: Parks and Recreation and Public Safety
Parks and Recreation Report
Public Safety Report
Benny Sorensen provided a written report, a copy of which is available as an attachment to this agenda.  He reported that Ivins City received two (2) awards at the Utah Recreation & Parks Association conference.  One award was "Outstanding Facility" in recognition of Fire Lake Park at Ivins Reservoir and the other award was for "Outstanding Program" for Bingo in the Park.  Benny Sorensen reported that Bingo in the Park started as a social distancing program during the pandemic with people playing bingo in their vehicles and it became really popular.  He reported that there will be the first community yard sale this upcoming Saturday.  There are 22 spots reserved, with seven (7) individuals  on a waiting list.  Regarding the upcoming Easter Egg Hunt, it has been suggested that be changed to the "Easter Egg Scramble".  There will be a Concert in the Park on May 13th  and T-ball and Rookie Baseball will start the second week of May.  There were seven (7) burials and staff has changed out the paper towel dispensers at Fire Lake Park to air dryers , which has cut down on paper waste and similar.
Fire Chief Parker reported that they had 114 EMS calls in March and two (2) significant incidents on Highway 91.  There was a brush fire call just past The Shivwits Band Reservation that was addressed without incident.  They responded to a structure fire off of 100 East that was isolated to a bedroom and is under investigation.  They will be participating in The Great Shake Out on April 21st, coordinating with Public Safety and providing informational flyers for the website.  They are working in cooperation with Dammeron Valley and the City of St. George to work and respond together.  They have some upcoming staff changes in positions and roles.  They are also working with the HOA's (Home Owners Associations) in Kayenta to come up with a plan for removing Tamarisk and reducing fuel for fires in that area.  They are getting ready for the upcoming Ironman  World Championship coming up in May and will be working with Ivin's new Mechanic that starts next week, to maintain some of their vehicles.
Chief Bob Flowers provided a written report.  A copy of the report is available as an attachment to this agenda.  He complimented the Fire Department for their response to the accident on Highway 91.  Public Safety recently held an enforcement action for crosswalks where they made 49 stops and issued 49 citations for people who went through the crosswalk when there were people in the crosswalk.  There is a real problem with confusion as it relates to crosswalks in the roundabouts so they need to get more information out about those.  He reported that they have been very successful in obtaining Federal grant funding but that can be very time consuming.  Regarding Code Enforcement, Sergeant Briggs has been successful in resolving the cases.  Council Member Scott commented that Sergeant Briggs sent him a breakdown of incidents in January and February that is broken down by category.  The perception by some is that the City is pretty lax on code enforcement but it has been very strong this year and stressing that in the monthly Public Safety reports would be helpful.  Chief Flowers indicated that if it's warranted, the potential violator receives a call or visit and the complaint is not ignored.  Council Member Mehr referred to his report on federal funding and the work required and requested further explanation.  Chief Flowers stated that he wanted to acknowledge the funding and that the department has received and that they are grateful for that but that there are concerns in the near future for equipment demands that may not qualify for Federal funding.
C. Planning Commission Report
Planning Commission Chair Robinson reported that the Planning Commission swore in the newest Planning Commission Member, Derek Larsen.  He reported that they had a presentation by Sentierre on their approved Preliminary Plan.  They held a Public Hearing and approved a Class IV Conditional Use Permit application for Black Desert Resort regarding temporary structures.  They made recommendations on proposed amendments to the non-residential Table of Uses to clarify definitions and Classes of Use and that will move forward to the City Council.  They also continued to discuss the Land Use Map, Zoning Map and General Plan Amendments and will be holding Open Houses from 5:00-7:00 p.m. on Tuesday, April 12th at Fire Lake Park, Wednesday, April 13th at Ivins City Park and Thursday, April 14th at UNITY Park.

3) CITIZEN COMMENT & REQUEST FOR 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 should be filled out in advance and given to the City Recorder.  Remarks should 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.
Form
Citizen Request - Mensendick
Citizen Request - Sochrin
Citizen Request - Olson
Mayor Hart indicated that three (3) Citizen Requests for Future Agenda Items were submitted.  He clarified that the request forms are not intended to serve as a channel for administrative functions.  They are intended to address something that is in an ordinance, policy or similar before the City Council.  The nature of the three (3) forms that were submitted have to do with dust and blasting and that was addressed when Chuck Gillette provided an update on the Memorandum of Understanding for Black Desert Resort.  There was one additional concern listed on one of the forms regarding traffic congestion and Chuck Gillette was present to comment on that.  Chuck Gillette stated that a traffic study  is required as part of a development.  The traffic study looked at the whole Black Desert project and not just the golf course.  The traffic study in this case would not require anything additional of the developer.  Mayor Hart commented that the concern is speculative but the traffic situation could be monitored and addressed if there is an issue.  Mayor Hart  encouraged residents to contact staff to address anything that is administrative in nature.

4) PUBLIC HEARING AND ACTION ITEMS - NONE

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Continued discussion regarding Ordinance adopting and implementing regulations for landscaping and water conservation for developing land in Ivins City
Draft Ordinance
Comparison memo 2022-03-15
Comparison memo 2022-03-29
New Chapter 6 Resorts - Draft
New Chapter 7 Multifamily - Draft
Mayor Hart thanked Council Member Scott for his work on the draft ordinance.  Council Member Scott indicated he took all decisions from the Work Meeting and put them into the Water Conservancy Districts draft ordinance.  He would like to continue where the Council left off, but had a few things to add from the previous discussions and then he'll update the ordinance with those changes.  Regarding Chapter 7 Multifamily and Chapter 6 Resorts, he took all the decisions from the work meeting and put them into the Water Conservancy District draft ordinance. Mayor Hart stated the work meeting ended at Line 259 4-2 "Landscape Standards" and the Council previously went through line-by-line and referred to the information that Council Member Scott put together that compared the Washington County Water Conservancy Districts ordinance, the City of Santa Clara's versions and other comments made by the City of St. George.  Chapter 4.2 has to do with the new development in all non-residential zones and non-residential development in any zone that shall meet the landscape design standards and irrigation design standards of this ordinance.
The Mayor and City Council continued to go through the ordinance page by page and addressed the following:
Line 259 4.2: Landscape Standards paragraph number 1 referring to grass not being permitted outside of an active recreation area and prohibited in parks strips less than eight (8) feet wide.  Mayor Hart commented that the Ivins community is not looking for any grass in park strips, regardless of the size. The City Council agreed.  Council Member Anderson indicated that there needs to be clarification on the word "grass" because some people think of grass as plants that are not lawn.  Council Member Scott clarified that the definition for grass is "A surface layer of earth containing mowed grass with its roots."  Council Member Anderson stated that works.  Mayor Hart referred to the slope percentage of 15% and indicated that the Council previously agreed to reduce that to 10% so that should be changed throughout the document.
Line 272, paragraph number 3 regarding an approved Planting Plan and a minimum of 40% vegetative cover of a landscaped area and the configuration of the vegetation in the Planting Plan being the sole discretion of the City.  Council Member Anderson indicated that he did not agree with that.  Mayor Hart inquired if that was language from the Water Conservancy District.  Council Member Scott clarified that was District language but the City of St. George City in their comments made a note that the sole discretion of the City introduces a new cost and personnel burden for the City but did not come to a conclusion.  He inquired if that was something that is doable, practical and enforceable.  Council Member Anderson inquired where the 40% came from.  Mayor Hart stated that is District language but it is confusing because it is saying that if there is landscape area, 40% of it must be vegetated with trees or tolerant plants or some kind.  Council Member Scott inquired if that is based off of the size of the trunk or is 40% based off of the spread of the branches.  That could be problematic.  Council Member Anderson referred to the configuration of the vegetation in the Planting Plan being the sole discretion on the City and indicated that the City would have to hire a landscape artist to do that.  Mike Haycock stated that he did plan reviews in California and they do review where the water lands off of a roof.  It can get complex and someone would have to be hired to do that additional work.  Mayor Hart commented that one of the criteria for review is that it is practical and that it can be enforced.  Council Member Anderson inquired if there was a problem now.  He has found that as time goes on, one plant takes out another plant if they are over planted or planted the plants too close together.  Mayor Hart indicated that the City does not require a landscape plan, other than on commercial developments.  Dale Coulam clarified that the Water Conservancy District came up with the 40% number by pointing to a city in Arizona that required xeriscape.  There was no landscaping anywhere and that drove the temperatures up and was unsightly.  What the District is trying to do is have a certain amount of landscape, to provide some relief for the eye, as well as a little bit of cooling.  Council Member Scott stated that the problem with the 40% is what is being measured, the trunk or the spread of a tree and is it a new plant or a mature plant?  If there isn’t a requirement of 40%, it becomes very subjective and problematic.  Mayor Hart suggested replacing the 40% minimum with "some vegetated cover."  Council Member Murphy indicated that 40% to her meant what was coming out of the ground because that is vegetative cover of the ground and not what is in the air.  Council Member Anderson stated that shade from trees won’t let plants grow underneath them.  Council Member Scott indicated that one (1) tree with a two (2) square foot trunk will produce a lot more shade and protection from heat islands, than more square footage of ground cover. Council Member Anderson suggested putting a question mark by this and coming back to it. Council Member Scott indicated that this ordinance would be reviewed again in six (6) months so there is time to do more thinking and observing about the problematic things.  Mayor Hart commented that if vegetative cover is the area of the plant itself, that isn't how it comes across in an actual landscape.  With 40%, there would be plants everywhere and that isn't conservation.  If the square footage was calculated, the plants themselves might be as low as 20%.  If they were to take the purest definition of this and literally go by the square feet of plants themselves, 40% would be a lot of plants on an average lot.  Dale Coulam clarified that he thinks that vegetative cover is defining a canopy of a plant or the size of a mature bush, not what is in the ground, but what the actual size would be as a landscaped item.  A bush that is six feet (6') in diameter, comes down to a small little area that goes into the ground but it is still a six foot (6') space.  If something is planted too close to the base of that plant, it won't live and that is over landscaping.  Mayor Hart suggested that 40% may need to be half of that number but it is definitely not 40%.  Council Member Mehr suggested that if the Council isn't able to figure out something in this ordinance, to mark it and come back to it.  Council Member Scott stated to forget about the 40% number for a moment and added the following verbiage "...an approved Planting Plan that has a minimum of ____% vegetative cover, based on the canopy of the vegetation at maturity."  The question now is are they going to say "sufficient vegetative cover", "20% vegetative cover" or for now, the Council is marking up Conservancy Districts ordinance with the Councils changes but the Council will still be reviewing those changes and not making any final decisions tonight.  Mayor Hart indicated that the word "sufficient" is too subjective and that paragraph is in opposition to the whole point of the ordinance because when there is a minimum amount of vegetative cove, that's water use.  Council Member Mehr suggested that they not get hung up on 40% and just say follow an approved Planting Plan that has landscaped area, shall have water-efficient shade trees and bushes..." is adequate to achieve those objectives.  The word "maturity" is too subjective as well because it will depend on how much the vegetation was watered, how much sunlight it receives or doesn't receive and similar.  Mayor Hart stated that there is an industry landscaping standard and the language could be based on the landscaping standard and since the Council is going to review this in the next six (6) months, he suggested dropping the percentage down from 40% to 20%.  Council Member Scott clarified the changes of a minimum of 20% vegetative cover based on landscaping standards at maturity and take out the last sentence regarding the configuration of the vegetation being the sole discretion of the City.
Line 278 paragraph number 4 regarding watering of small beautification areas.  Dale Coulam indicated that paragraph relates to certain planting areas that have sensitive plants and can only be watered with culinary water.  An example would be areas that SkyWest Airlines and LDS Temple grounds have.  Council Member Murphy suggested that rather than using "small beautification areas", they say for delicate plants that can't handle irrigation water.  Council Member Anderson stated that when he read that paragraph, he  thought of a small place inside of a courtyard where the irrigation doesn't go to it.  Council Member Mehr agreed.  The Mayor and City Council agreed to leave it as it is written. 
Line 283 "Required Documentation".  Council Member Scott indicated that from lines 283-383, there were no changes by the City of Santa Clara or the City of St. George.  The Mayor and City Council had a discussion regarding the requirement for a landscape architect and determined to change "landscape architect" to "landscape designer or architect" and to meet all applicable laws because they wanted the ability for an owner to design their own landscape.
Lines 322 and 324 regarding designation of hydrozones and details and specifications for tree staking.  Council Member Anderson stated that he did not see a need for those and suggested those be removed.  Council Member Scott indicated that all of these requirements is a burden and this ordinance is about water conservation.   The Mayor and City Council agreed to keep paragraph number 1 beginning on line 285 but to remove everything from lines 292 through lines 350 and agreed to retain everything in lines 283 through 290.
Lines 352 through 376 regarding Plan review, Construction Inspection and Post-Construction Monitoring.  Council Member Scott stated this relates to a landscape designer or licensed professional but would be a burden and difficult as a small property owner to comply with.  The Mayor and City Council agreed to remove that language.
Chapter 5: Landscape and Irrigation Design Standards for all New Development in Any Zone
Line 392 regarding slope percentage - change that to 10% instead of 15%
Line 395 regarding park strips.  The Mayor and City Council agreed that they use the verbiage "park strips and landscaped buffers." 
Line 398 10-5-2 "Tree Selection".  Council Member Scott indicated that the only changes or comments made by the City of Santa Clara or the City of St. George in this section, is on line 411 where Santa Clara changed "...shall be selected..." to "...are recommended...".  The Mayor and City Council agreed to that should be changed to use "are recommended." in section 10-5-2, except for paragraph B, where that will remain "shall".  Council Member Anderson stated that there should be a statement regarding views and neighbors planting tall trees that obstruct views.  Council Member Scott referred to the "Tree Selection" section and bring up the need to protect the view corridors and view sheds.  Council Member Murphy referred to paragraph E talking about tree placement and suggested put something in that paragraph.  Council Member Anderson clarified that the City does not want to police this but have an awareness.  Council Member Scott clarified that in paragraph E, to include the idea of avoiding conflict with existing trees, protect view corridors and view sheds.  Council Member Mehr commented that since this chapter applies to any zone, there should be a statement that fruit trees are accepted.  Council Member Scott indicated that the City of Santa Clara did the the farm-to-table and suggested that in the first paragraph starting on line 400 say "Trees shall be suited for water efficient landscapes, however fruit bearing and nut trees are allowed." 
Line 418 regarding hydrozone.  Council Member Anderson suggested that be removed.  Council Member Scott clarified that the City of Santa Clara took out that section, beginning at line 418.  The Mayor and City Council agreed to remove that.  
Section 5-3 regarding Irrigation Design Standards.  Line 429 Irrigation Controller.  Council Member Scott referred to the term WaterSense and suggested the verbiage be consistent with what they discussed previously.  Council Member Anderson stated that he did not agree with the controller because he has not seen them function that well and they are more complicated.  Mayor Hart indicated that the controllers are a big deal for the Water Conservancy District and the data says they work.
Line 460 regarding prohibited watering times.  Mayor Hart commented that the City has a different watering ordinance that prohibits watering from 8:00 a.m. to 8:00 p.m.  Council Member Scott inquired if that needed to be addressed in this ordinance because it is addressed in another ordinance.  Council Member Mehr suggested that they leave it in because this ordinance is a water conservation ordinance.  The Mayor and City Council agreed to leave it in but change the times to be consistent with the watering ordinance times.
Line 436, paragraph C regarding valves.  Council Member Scott stated that the City of Santa Clara eliminated that completely.  The Mayor and City Council agreed to remove that paragraph.  
Line 443 regarding drip irrigation.  Council Member Scott indicated that the City of Santa Clara eliminated a portion of that requirement, the portion that says "Spray head to drip conversion for rehabilitated landscape sites may be acceptable with City approval of Irrigation Plans."  Council Member Mehr commented that one of the City of Santa Clara's Council Members works in landscaping and that was likely due to his input.  The Mayor and City Council agreed to remove that sentence.
Line 451, paragraph H regarding sprinkler heads and line 454, paragraph I regarding check valves.  The City of Santa Clara removed those two paragraphs.  The Mayor and City Council agreed to remove those paragraphs.
Line 458, paragraph J regarding filters and end-flush valves.  Council Member Anderson commented that the end-flush valves are generally for freezing purposes.  The Mayor and City Council agreed to remove "end-flush valves" from that paragraph.
Line 460, paragraph K regarding prohibited watering times and month.  The Mayor and City Council agreed that should be consistent to what is in the watering ordinance and to refer back to that ordinance.
Line 468 regarding overwatering.  Council Member Scott stated that the City of St. George had a note about the recommended times in that section and said that a suggestion is not enough for an ordinance and the schedule is too generous.  Council Member Scott indicated that the Water Conservancy Districts language is a recommendation but an ordinance enforce something and the City does not enforce recommendations.  The Mayor and City Council agreed to remove language from line 468 through 477.
Mayor Hart referred to the tri-plex where the multifamily starts and commented that a tri-plex does not look like a single family home.  The Mayor and City Council agreed.  Mayor Hart referred to water features versus pools and stated that resident Lisa Rutherford sent the Council a study that shows why water evaporates and one main reason is water in motion so water features have a higher evaporation rate than water sitting in pools.  He suggested that they treat water features like pools and say that the size of the tank creates a restriction on grass.  Council Member Scott indicated that one is ultimately limited by the amount of grass that is permitted and gives flexibility.  The Mayor and City Council agreed. 
Council Member Scott stated the Water Conservancy Districts ordinance had five (5) Chapters so he numbered the Resorts Chapter and Chapter 6 and the Multifamily Chapter as Chapter 7.  The idea for this ordinance is that Chapters 1 and 2 apply to everybody.  Chapter 3 is only for Single Family and now duplexes and Chapter 4 is only for commercial non-residential.  Chapter 5 is for everybody but does not include resorts because that will be a separate Chapter.  Multifamily will still address what is in Chapter 5 but it does not address what is in Chapters 3 and 4 because it is replacing the Water Conservancy's Chapters 3 and 4 so Multifamily should really be called Chapter 5, Chapter 5 should be Chapter 6 and then the Resorts Chapter is at the end so that everything flows logically.  The Mayor and City Council agreed that the Chapters will be numbered in sequence and read in sequence. 
7-2 Landscape Standards paragraph 1.  Mayor Hart and commented that the same 8% of allowable grass area based on the square footage of the property, also applies to multi-family and inquired if that made sense to the Council.  Council Member Mehr indicated that to him, multifamily means more people and they need a place to go and inquired what that looks like.  Mayor Hart clarified that multifamily has less amenity area than an average home would have and suggested that the 8% number possibly be reduced to 5%.  Council Member Scott stated that the outdoor space for multifamily is typically a patio or a balcony.  Mayor Hart added that they typically have a communal play yard as well and consistent with data that multifamily uses less water per capita, if they used 5%, that would allow a good sized grass area.  Since there is less land, the percentage of the overall project ought to drop.  The Mayor and City Council agreed that percentage of allowable grass area should be 5% instead of 8%.  
Paragraph 2 regarding grass prohibited in park strips, landscape areas and similar.  The Mayor and City Council agreed to make that consistent with what the Council previously decided.
Paragraph 4 regarding a percentage of vegetative cover.  The Mayor and City Council agreed to be consistent with what they decided previously. 
Paragraph 5 regarding secondary water.  The Mayor and City Council agreed to use the word "if". 
Required documentation.  The Mayor and City Council agreed to be consistent with what they decided previously.
Restrictive Covenants in Conflict with Water Efficiency Standards.  The Mayor and City Council agreed that the verbiage was okay as it was drafted.
Paragraph C regarding exterior decorative water features.  Mayor Hart suggested counting the total capacity against the grass and keep it related to the size of the site.  Council Member Scott indicated that they need to make the distinction between a rental multifamily project and an ownership multifamily project.  He will work on that.  He referred to the Resorts Chapter but preferred to receive comments back from Sentierre before discussing that.
B. Continued discussion on the Planning Commission’s recommendations regarding Light Reflective Value in Chapter 19 of the Ivins City Code
Chapter 19
Planning Commission DRAFT Minutes
Council Member Scott requested that this be continued to the next meeting for discussion.  Mayor Hart commented that he has received a lot of emails regarding this and referencing one new white home in Ivins that is not in an area that has a Development Agreement and indicated that this debate is going to come down to individual property rights.  Council Member Anderson stated that the City needs to remember what the City is trying to legislate.  He inquired if the City wants a big townhome project that looks like the current ones that people complain about.  That is what Ivins is able to deal with.  The City is not able to deal with individual homes due to the Bill that the State of Utah passed.  The City is able to deal with planned projects and if the developer will sign a Development Agreement then there is some control there and because the Bill only applies to individual homes, the City can address anything outside of those.  Mayor Hart agreed but stated that the City still wants standards for single family residential through Development Agreements.  He is planning on getting a group of communities together that are in similar situations and speaking with Legislators, to come up with an exception.  Representative Lowry Snow suggested that the exception be if the development is within a certain distance of a National or State Park.  Planning Commission Chair Robinson commented that two (2) months ago a paint expert came to the Planning Commission meeting and asked why the City was using LRV (Light Reflective Value) to designate what colors are allowed because a lot of colors that are within the LRV, are not colors the City would want to see so the LRV does not make sense.  Dale Coulam commented that procedurally, a lot of discussion will occur to develop the ordinance as the Council would like to see it and then that will go forward to a Public Hearing.

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

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


6) CONSENT AGENDA
A. Approval of Expenditure for 2022 Streets Pavement Maintenance
Staff Report
Council Member Mehr commented that he noted that Staff did not receive any bids on the chip seal portion of the cape seal product and inquired if that will come back to Council or if that was included.  Dale Coulam clarified that the Staff report indicates that expense will be brought before the Council as soon as it is received.
B. Approval of City Council Work Meeting Minutes for March 29, 2022
Minutes - DRAFT

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

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Johnson reminded the Mayor and City Council that the Princess Pageant will be held this upcoming weekend at 7:00 p.m. at Snow Canyon High School.  Council Member Mehr requested meeting information from Council Member Johnson regarding Heritage Days. so that he can see what can be done to help out.
Council Member Scott reported that Chuck Gillette has been helping graduate students at Utah State University on a research project that is titled "The Growth of a Sustainable City;  - Envisioning the Future of Ivins."  The students are going to present the results on April 26th at a special USU event and they can join in by Zoom.  There will be three (3) presentations, starting at 2:00 p.m. on three (3) different topics.  Ivins topic is supposed to start at 3:00 p.m.  He will send an email out regarding how to attend through the Zoom application.
B. Mayor
Mayor Hart reported that he received bid information back regarding the exterior remodel of the Public Safety building and the actual numbers that came back after the Architects and Engineers looked at it was approximately $330,000 instead of $175,000.  That is more than they had planned for plus there are other forces at work wherein Santa Clara is ready to use the space that the Santa Clara Ivins PD occupies and want them moved into the remodeled building as quickly as possible.  The City will finish the original contract with Hughes Construction and leave the exterior alone for now but at some future time they will fit the exterior remodel into the budget.  He reported that if Ivins City were to start building this new City Hall now, the cost would be $8 million.
C. City Manager/Attorney Dale Coulam
Dale Coulam reported that the Utah League of Cities and Towns Mid-Year Conference will be held in St. George April 20th through the 22nd.  He requested that the Mayor and City Council let the City Recorder know if they would like to attend and she will register them.
D. Items to be placed on future agendas
Dale Coulam reported that the Table of Uses zoning amendment discussion will be coming forward as a presentation and then they will set it for Public Hearing.
Mayor Hart indicated that he had a conversation with an individual representing UTOPIA regarding the Council's potential interest in having them provide a presentation.  He inquired if the Council was still interested in a presentation.  The City Council stated that they were.

9) CLOSED MEETING

10) ADJOURNMENT

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

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

The meeting adjourned at 8:20 p.m.

Respectfully,

Kari D. Jimenez, MMC
Ivins City Recorder