All present included Mayor Hart,
Council Member Mehr,
Council MemberMcDonald,
Council Member Johnson,
Council Member Gordhammer,
Council Member Larsen,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Director of Finance Lane Mecham,
Building and Zoning Administrator Cody Mitchell,
and
Public Works Director/City Engineer Chuck Gillette.
EXCUSED: None.
Audience: Philip Moulton, Dan & Debi Clarkson, Pam Gardiol, James Barden, Judith Kapuscinski, Chris Haddad, Mark Andersen, Mary Bolton, Patrick Manning, Janice Brooks and others who did not sign in.
Mayor Hart acknowledged that there was a quorum present. All Council Members were present in the Council Chambers with the exception of Council Member Mehr, who was in attendance via the Zoom application.
Mayor Hart led the Flag Salute
Council Member Mehr gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Mayor Hart introduced the Ivins Princess Pageant Royalty for 2021, those being Princess Abby Despain; 1st Attendant Taija McDonald; 2nd Attendant Ruby McDonald and Miss Congeniality Brooklyn Chappell with Jennifer Horne being the Pageant Director.
Resolution
Mayor Hart commented that he and the Council were under the impression that Commissioner Anderson's term was up but Commissioner Anderson reported that he had just found out that he can serve one more term. They were operating under the thought that Commissioner Anderson's term was completed and stated that he received five (5) applications for that position and communicated that information with the Council, along with his recommendation that Pam Gardiol be appointed to that position. She served on the Planning Commission in Ogden. Pam Gardiol introduced herself and stated that her family came to this area in 1861 and are buried in the cemeteries in Washington County. She served for 14 years on different commissions in Ogden. Council Member McDonald inquired how long she has lived in Ivins. Pam Gardiol stated that she purchased the property in Ivins in December, 2019 and has lived here since June, 2020. Mayor Hart indicated that regardless of who the City Council determines to fill this position, he wanted Council Member Anderson to know how appreciative he was for his contribution on the Planning Commission. Pam Gardiol stated that if the Mayor and Council needed more time to think about the appointment, her commitment was to the community. Council Member Gordhammer inquired when the next opening would occur on the Planning Commission. The City Recorder was able to confirm that would be Commissioner Jeff Loris' position, which expires in April of 2022. Council Member Gordhammer suggested that Pam Gardiol become active in attending City meetings and could be a strong contender for that position. Council Member Johnson suggest that based on the new information regarding Commissioner Anderson, she suggested that they continue this one more meeting to make this decision. Council Member Mehr commented that the Council would not having this discussion if they knew that Commissioner Anderson was eligible to continue to serve. He brings a lot of great experience and he felt that Commissioner Anderson should continue to serve on the Planning Commission. Council Member Johnson commented that she would support Council Member Gordhammer's suggestion and recommended that Commissioner Anderson be re-appointed to the Planning Commission. Based on the discussion, Mayor Hart proposed to the City Council that they retain Commissioner Anderson and re-appoint him to the Planning Commission.
MOTION: Council Member Mehr moved to approve Resolution No. 2021-04R, a Resolution of Ivins City, Utah, re-appointing Lance Anderson to the Planning Commission
SECOND: Council MemberMcDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council MemberMcDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Roll call vote. All Council Members voted in favor.
Resolution
Mayor Hart indicated that he provided resumes for the two (2) individuals to be appointed to the Arts Commission, those being Michelle Adams and Judith Hutcheson both of whom have extensive art backgrounds. Judith Kapuscinski clarified that Maria Lenn also needs to be appointed since she is filling Kevin Warnick's vacancy.
MOTION: Council Member Johnson moved to approve Resolution No. 2021-05R, a Resolution of Ivins City, Utah, appointing Members to the Arts Commission, to include Maria Lenn, Michele Adams and Judith Hutcheson
SECOND: Council Member Gordhammer
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council MemberMcDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Roll call vote. All Council Members voted in favor.
Judith Kapuscinski commented that some of the members were present through the Zoom applications and some were present in the Council room. The members of the Arts Commission are Phil Moulton, Connie Gates, Judith Kapuscinski, Judith Hutcheson, Michele Adams, Maria Lenn and Mike Scott.
Resolution
Judith Kapuscinski explained that Resolution 2015-03R established the RAP funding process and section 5b established that the RAP funding decisions will be made by the City Council in January. In 2019 by Resolution 2019-15R, the Council adopted a form and application process for the Arts applications. Given those two documents, applicants have until December 31st to submit their application. The City Council is mandated to make a decision on those applications in January and the Arts Commission meets the second Wednesday of each month, which gives the Arts Commission two weeks to look at those applications and provide a recommendation to City Council by the second City Council meeting in January if the Arts Commission is going to comply with the Resolution terms. The Arts Commission is recommending that the time frame be changed. She clarified that section 5b applies to all RAP funds and the Arts Commission is not recommending that the Arts Commission weigh in on all RAP funding and suggested the following language for section 5b: "As early as feasible in the first quarter of the calendar year in which RAP Tax revenue was received, and as related to RAP tax funding for the Arts after receiving the Arts Commissions recommendations, the Ivins City Council shall meet to determine the recipients for that year's RAP tax funds and the amount to be distributed to each recipient." Mayor Hart inquired of Dale Coulam if he was okay with that change. Dale Coulam stated that he was. Council Member Mehr commented that this was hard to follow and wanted to make sure that was the only change. Judith Kapuscinski clarified that she said that change was to section 5b, it's actually section 5a that is changing and there is nothing having to do with section 5b tonight. That section addresses funds being awarded to other entities and projects but that is not what is being considered before the City Council tonight, only section 5a that changes the time frame.
MOTION: Council Member Johnson moved to approve Resolution No. 2021-01R, a Resolution of Ivins City, Utah, adopting the Arts Commission’s recommendations to amend Resolutions 2015-03R and 2019-15R in section 5a, as amended
SECOND: Council Member Larsen
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council MemberMcDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Roll call vote. All Council Members voted in favor.
2019 Report
Judith Kapuscinski indicated that the annual report that is before them is for April, 2019 through March, 2020 and was submitted in April of 2020. They will providing an updated report in the near future.
Memorandum of Understanding
Dale Coulam stated that the current arrangement is that Tuacahn receives a fixed amount of $10,000 and the amount for the Kayenta Arts Foundation (KAF) is between $3,000 and $10,000 and the amount awarded by the Council has varied from year to year. Roger Head with KAF reported that they would like to see a fixed amount awarded to KAF through the remainder of the RAP program and asked the Mayor and Council to consider the full amount of $10,000. Mayor Hart indicated that it is increasingly clear the important part that the performing arts plays. Council Member Gordhammer inquired of Lane Mecham as to the RAP tax revenue for Ivins that is available for the Arts since 2015. Seeing that trend would help inform her and make a decision. Lane Mecham stated that since 2016, one-third of the RAP tax has ranged from $28,000 to $45,000 on a fiscal year basis and on average, including Tuacahn's dedicated portion, the amount awarded has been between $25,000 to $35,000. Council Member Gordhammer indicated that based on that information, she was supportive of a fixed amount to KAF of $10,000. Council Member Johnson recommended that the Council declare that the fixed amount be through the end of the current RAP tax term. Council Member Larsen inquired how much revenue is brought into the City from Tuacahn and KAF since 2016. Lane Mecham stated that information was not immediately available. Roger Head clarified that Tuacahn is tax exempt so there is no assistance from them for sales tax. Mayor Hart clarified that the only taxable portion from Tuacahn is the gift gallery, concessions and the restaurant. Council Member Mehr indicated that he thought KAF was a 501(C)(3) non-profit organization like Tuacahn and if so, inquired why KAF was paying sales tax. Rob Goodman with KAF clarified that Tuacahn is an educational institution and that is why they're exempt. All other 501(C)3's that are not educational are taxed on the ticket sales. He stated that both Tuacahn and KAF are really important arts organizations and KAF is not an adversary to Tuacahn. KAF supports Tuacahn fully and KAF is purposefully different in what they provide than what Tuacahn provides. They are happy to be serving the community for the common good. Mayor Hart commented that Tuacahn was also very supportive of KAF. Council Member Gordhammer indicated that the City has the money to support this and other businesses around it that benefits Ivins and would serve Ivins well to support KAF. Council Member McDonald stated that he was involved in the initial discussion of getting this set up years ago and knew that a lot of the discussion and decision behind giving Tuacahn the amount that they did, was because of the amount of time that Tuacahn had been in Ivins and KAF was not completed at the time. For many years he has been asking the Council to be saving for the roundabout statutes and art in the new City Hall. He was more in favor of starting at a lower fixed number for KAF and then let KAF apply. He suggested a fixed amount of $5,000 for KAF. Council Member Mehr suggested a compromised amount of $7,500 and then KAF can apply for additional funds through the process. Mayor Hart indicated that having signed a number of letters of support for Tuacahn for grants, it is extremely important that the grant organizations know that the organizations are receiving support from local sources. They base their amount of giving on the level of support that they are receiving. Council Member Johnson suggested that based on what the City has awarded to KAF over the last 3 years and their request is for $10,000, that the City award them a fixed amount of $10,000 with a time limit on it to expiration with the first RAP funding cycle and then readdress it at that time.
MOTION: Council Member Johnson moved that the City award KAF a fixed amount of $10,000 with a time limit on it to expire with the first RAP funding cycle and then readdress it at that time.
SECOND: Council Member Gordhammer
VOTE: The motion failed.
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Mehr |
NAY |
| Council MemberMcDonald |
NAY |
| Council Member Larsen |
NAY |
Motion failed for lack of the minimum three votes.
MOTION: Council Member Mehr moved amend the Kayenta Arts Foundation Memorandum of Understanding to set a fixed annual amount of RAP Tax received in the amount of $7,500 to the end of the current RAP funding cycle
SECOND: Council Member Larsen
VOTE: The motion carried.
| Council Member Mehr |
AYE |
| Council MemberMcDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Larsen |
AYE |
| Council Member Gordhammer |
NAY |
On behalf of the Kayenta Arts Foundation, Rob Goodman thanked the Mayor and City Council for coming to this resolution and for their support.
Draft Ordinance
Isabella Arnoldi letter
Mayor Hart commented that over three (3) months ago this was handed to the Planning Commission to review due to a concern over illuminated reader boards with the specific instruction to look at that. Over the course of the Planning Commission's discussions, they looked at the ordinance in it s entirety. A lot of activity has occurred during the Planning Commission's review and he has read hundreds of emails and saw a chart showing a petition with approximately 1200 residents included on that. There has been a lot of debate surrounding lighting in Ivins. He clarified that it has to do with two fundamental principles. In the General Plan, it talks about preserving the night sky and he felt that preservation is something that ought to be adhered to in all of Ivins planning. The second principle came up when there were head-to-head discussions over issues relating to safety, particularly in the communities where there are younger families with backyards that parents felt weren't adequately lit under Ivins ordinance and even concerns over Ivins limited street lighting. The Planning Commission has now provided their recommendation to the City Council for an amended ordinance and pointed out that 75% or more of the ordinance remains in tact throughout the ordinance. In the discussions that the Council has had and as he has listened to individual Planning Commission members, he has not heard anyone say they want to destroy the night sky. There have been some emails that have been highly critical and it's always a legitimate discussion when residents of Ivins community have concerns, particularly about safety issues because the primary responsibility of the City Council and of Ivins City government, is to provide health, safety and protection of Ivins residents. He has never believed and still does not believe that protecting the night sky is in conflict with the rights of individuals to feel secure in their own homes and walking down the street. His hope was as the move forward with the discussion, that they can that can address those concerns. When it comes to principle number one, the cherished night sky, the Council understands that if the Council gives way to lighting of all kinds that spills upward and laterally and similar, creating light pollution, the City will lose the night sky and once it's gone, they will never get it back. It is the Mayor and Councils desire to retain the night sky and preserve it. As he read through the recommendations, he sensed that they need to find out what technologies are available for light fixtures so that lateral light spill is controlled. Regarding the current kelvin temperature being 2700, the majority of bulbs and fixtures that are available are primarily 3000 kelvin. He reminded the Council that the International Dark Sky recommended a 3000 kelvin color so that may work. They should avoid 4000 kelvins which was what the parking lot at Rocky Vista University was. The Council can address the recommendations in a couple of ways. Council Member Gordhammer commented that she will not be available to attend at the next meeting and stated that she would like to participate in both the Public Hearing and decision. Mayor Hart inquired if the Council wanted to get started on the discussion this evening or wait until they conduct the Public Hearing. Council Member Johnson suggested they get started on it now. The other Council members agreed. Mayor Hart clarified that he would not be putting any of the public emails that he received into the public record because this is not a Public Hearing. He did read a letter from 10 year-old Isabella Arnoldi into the record. A copy of the letter is available as an attachment to this agenda. Mayor Hart commented that they can address the ordinance by topic, page-by-page or line-by-line. Council Member McDonald stated that he spoke with the Parks and Recreation Director Benny Sorensen regarding public ballfields. He has reached out to those lighting experts and has tentatively reviewed what is available and is working with them on ideas to help with light so that it does not spill out. Council Member McDonald indicated that he appreciated all of the emails and reached out to a few members of the public, as well as read through the emails again and noticed that several mentioned obtaining an expert in lighting and inquired if the Council should seek out an expert. He spoke with a few people that have had concerns about lighting based on the darkness of the roads at times. He hoped that as a whole, they could come to a reasonable resolution that addresses safety concerns and allows for the night sky. When the Council makes a decision, sometimes it's not what they personally want but is what is best for the City as a whole. His goal is to find that happy medium and continue to enjoy the night sky but also allow people to feel safe in and around their homes with appropriate lighting on the streets.
Council Member Johnson commented that as she read all of the emails, the thing that struck her the most was that people think that the Council wants to destroy the community and the good that Ivins has. She stressed that that is not what the Council wants to do. In her opinion, they should not start with an expert. She felt that with a few small refinements, they could come to a good conclusion and did not think it would take long. She suggested that the Council go through the line-by-line and if there are things that they cannot come to an agreement on, then they could call in an expert. Mayor Hart commented that there was nothing wrong with having an expert involved but if that expert is an Electrical Engineer, they will recommend 4000 kelvins every time and they would not take into account the vision of Ivins City and that is why we the City has artificial amber lighting. Council Member Gordhammer acknowledged the significant amount of time that the Planning Commission put into this. She clarified that last March, the City Council asked the Planning Commission to consolidate the lighting ordinance with a few prohibitions and that was the extent of the Councils request. The lighting ordinance has been in place for over a decade and has worked very well. An excellent case study of the difference between white, bright light and 4000 kelvin lighting with an amber filter, is in the Rocky Vista University. You have the 4000 kelvin lighting with the amber filter and you can see the difference between those lights in the parking lot and the bright light to the east of the Rocky Vista University parking lot. She suggested that the City modify the proposed ordinance to only address what the Council asked for originally and then hold a work meeting at Rocky Vista University. She would also like Public Works to survey and inventory the street lighting in the City and find out which areas are dark that need additional lighting and find out which lights are out that need to be fixed because she has seen a number of street lights that are out. She also suggested that they hold a public meeting where they can have a conversation with residents to let them express their concerns then if the Council decided that the lighting ordinance needs to be revised at that point in time, then they can discuss it and bring in an expert.
Council Member Larsen indicated that he appreciated all of the emails and stated that he read them all. They all agree that they want to preserve the night sky that they have and to even enhance the night sky. He felt that they need to provide education to the residents about this so that there is buy-in from the residents. He personally does not like the new streetlights because of light spill and he was in favor of looking at the ordinance to see if it could be made better. Regarding discussions on color and the lights that are at Rocky Vista University, he commented that some light colors are more pleasing to others. Council Member Gordhammer commented that the Council changed the ordinance in 2019 in reaction to residents comments about the lights at Rocky Vista University and how bright those lights were and shining in to homes. She inquired if the Council may have overcorrected as it related to the kelvin color and commented that the Council may have and indicated that she would be willing to look at 3000 kelvins. Council Member Mehr commented that he loves the night sky and he has been very consistent on this. The Council asked the Planning Commission to look at electronic message boards, along with some minor tweaks. He thanked them for their hard work but stated that he was saddened that people in the community think that the City is trying to throw out the night sky. They are united in protecting the treasure that the Council has. Mayor Hart stated that one point that needs to be made is that the reader board issue came up because there is the potential have those show up in the City and if there's an application that comes in, currently those are not prohibited. Canyon Crossings has a lighting plan that was approved under the then existing lighting plan, which allowed for 4000 kelvins but the City has asked them to conform with what Ivins requirements are now and he believed that they are sincere in conforming to what the City would like. He inquired if this ordinance was something that the Council could act quickly on so that reader boards are excluded, along with a few other tweaks that the Council originally requested that the Planning Commission look at because of an application comes in requesting things that are not prohibited, they are allowed and would be things they would not want to see in the City. Dale Coulam stated that was absolutely correct. The prior ordinance took a long time to pass. They began that discussion in 2018 but was not passed until September, 2019. He agreed that things the Council does not want see in Ivins needs to be in place as soon as possible before new laws are enacted and new applications come in.
Mayor Hart stated that the City needs to conduct a Public Hearing. He inquired of the Council if they want to pass an ordinance quickly with the understanding that what they're talking about are limited to the original tweaks that the Council asked for and then re-open the discussion on the rest of the ordinance after that. He felt that was the prudent thing to do. Council Member Johnson commented that that was her recommendation and pick the three (3) things that were complained about originally, which were kelvins, reader boards and flag poles. She commented that she has been disappointed in herself since approving the 2700 kelvin color because it is very difficult to find that bulb and she whished she would have agreed to 3000 kelvins instead. Those kelvins are still in the warm color sphere. Council Member Gordhammer agreed with that approach but requested that they address the existing ordinance and not the ordinance that they were given from the Planning Commission. Dale Coulam indicated that could be done. Council Member Mehr suggested that the Council could meet and discuss it in a week. Mayor Hart clarified that more notice is required for a Public Hearing. The Mayor and City Council agreed to hold a Public Hearing at the next City Council meeting on April 1st, modifying the existing ordinance. Dale Coulam requested that there be a motion that splits this into two parts - one expedited part on a limited amendment and then come back and consider the other recommendations of the Planning Commission.
MOTION: Council MemberMcDonald moved made the motion as recommended by Dale Coulam
SECOND: Council Member Gordhammer
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council MemberMcDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Agreement
Amendment to Agreement
Council Member McDonald indicated that there was an error and the amount was off by $.10 cents per household, in the original draft and this is a correction. Council Member Mehr referred to page 1 under paragraph 2(c) where it indicates that the amount of $4.55 per month per residence, plus an annual increase of $.10 per month per residence, or such other amount as may be reasonably determined. He inquired if the District's Administrative Control Board were to say that an increase of $20 per month was reasonable, would there be an opportunity for this to come back to the Council. Council Member McDonald clarified that $.10 cents is typically what the district has recommended but has not taken that in most years but this allows for small increases rather than a larger increase and is within that $.10 cents. Council Member Mehr suggested the agreement should say "not to exceed $.10 cents" but he understood that this was the County's agreement. Council Member McDonald commented that they could amend to include that but that they would need to speak with Attorney Fay Reber before approving this, although this is the standard agreement that has been used in the past.
MOTION: Council MemberMcDonald moved to approve an Amendment to Municipal Billing and Collection Agreement
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council MemberMcDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Development Agreement w/o exhibits
Dale Coulam stated that this is basically the same agreement that was recently approved for the Mojave Mesa subdivision. They are two very similar developments except one development has flat roofed homes.
MOTION: Council MemberMcDonald moved to approve a Development Agreement for Mojave Flats
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council MemberMcDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Gordhammer |
AYE |
| Council Member Larsen |
AYE |
Mayor Hart reported that the roof decking has started and is moving along. Regarding the exterior of the existing City Hall, if anything is going to be done, it would be best to do that when the building is vacated and before Public Safety takes over. The architects are looking at a hard foam material around the outside of the building that can be stuccoed over or stone added. They have also discovered that the roof of the existing City Hall is now 25 years old so the City will want to replace the roof on the current City Hall. Council Member Mehr commented that the hard foam material Mayor Hart referred to has been used on the exterior of the IHC InstaCare on Sunset Boulevard and on River Road if they would like to look at examples. He referred to the north east corner of the project and noticed that it is lower there and trusted that there is good water drainage around that corner. Mayor Hart stated that they have gone to great lengths to make sure there is no penetration on that side.
Mayor Hart indicated that Rocky Vista University will be conducting a vaccination clinic and will be assisting with getting people signed up and scheduled to receive a vaccine and information regarding that will be included in the newsletter.