All present included AMENDED ,
Council Member Elwell,
Council Member Blair,
Council Member Jolley,
Council Member Hart,
and
Council Member Rusick.
STAFF:
EXCUSED: None.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Public Works Director Dave Glenn, City Engineer Charles Gillette, Director of Public Safety Bob Flowers and City Recorder Kari D. Jimenez
AUDIENCE: Cheyne McDonald, Adel Murphy and others who did not sign in.
EXCUSED: None.
Council Member Hart led the Flag Salute.
Council Member Hart gave the Invocation.
The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
John Crofts a representative from the Utah Department of Public Safety came forward and spoke. He is a Utah FEMA National Flood Insurance Coordinator and indicated that he worked with FEMA to update the flood maps throughout the country. The maps are final and will be in effect on April 2, 2009. He addressed the ordinance that FEMA is requesting Ivins City sign. The Mayor and City Council discussed at length with John Croft their disagreement with the flood plain maps presented by FEMA, their concerns with adopting the proposed flood ordinance and the process for updating and changing the maps. The National Flood Insurance Program is a voluntary program but if the City does not pass the ordinance, the maps will be in effect whether or not the ordinance is signed and Ivins City will be considered a non-participating member of the program. As a non-participating member, there are several negative and severe ramifications to Ivins City and its residents. The process to change and update the flood maps is done by a Letter Of Map Revision, also known as a LOMR. John Croft is working with Ivins City Staff on this process and the average time to complete the LOMR process is less than one (1) year.
Mayor Barney indicated there appears to be an inherent conflict of interest with the agency that designated the flood plain areas on the map and is requiring flood insurance, and that same agency being the provider of the required flood insurance. Council Member Hart indicated that as a property owner and developer, he is affected by this and declared a conflict of interest with this issue. He stated that the fact is that FEMA is telling Ivins City that this is the way it’s going to be and if they (the maps) are not accepted, the penalties are explicit and implicit. Owners and residents that were not in a flood plain previously, will be considered to now be in a flood plain and indicated that FEMA has placed Ivins City and the residents between a rock and a hard place. He stated that it is not fair nor right, and no matter what the City Council does, in his opinion, it is going to be a disservice. John Croft understands Ivins concerns and recommended that the City adopt the ordinance and continue with the LOMR process. The Mayor and City Council indicated they will adopt the flood plain ordinance because they are being forced to and instructed the City Attorney to prepare a letter of protest to be sent with the ordinance. The ordinance will be addressed at the next City Council meeting. Dale Coulam indicated that he and the City Engineer will study the ordinance and report on the wording that is used in the ordinance. The City isn’t going to have any power to change FEMA and whether the City adopts the ordinance or not, the adverse impacts on Ivins citizens will come about because the maps will go into effect no matter what the City does. The City Engineer and John Crofts are the contacts for anyone who has questions regarding this matter. The City will proceed with the LOMR process and hope that the maps will be updated as quickly as possible.
Parks and Recreation Director Benny Sorensen reported that the basketball season is over and it went well. There were several people who signed up and attended the digital photography class. Baseball registration began on Monday, March 2nd. Individuals are registering for tennis, yoga and the dance, tumbling and theater classes are on-going. His department is looking at offering a wilderness survival class for people 8 years and older. They are preparing for the Easter egg hunt and sod for the splash pad will likely be placed the week of March 9th. Mayor Barney asked about the underground sprinkler system the city has in place at Red Rock Park. Benny Sorensen indicated that the system works but it is more labor intensive than originally thought and the cost savings is generally the same as a regular sprinkler system. His department is working on the dog park and keeping the weeds down throughout the city. Council Member Jolley thanked Benny for placing the solar lights along the Center Street path. Benny indicated the city is anticipating placing more solar lights on the path and that the life expectancy of the lights is 5-6 years.
Public Safety Director Bob Flowers introduced Drew Boatright, to the City Council, regarding a request to place reflectors on the road to identify the location of fire hydrants as an Eagle Scout project. The Mayor and City Council agreed that would be a good project. Bob Flowers reported that the remodel on the animal shelter has begun. The Police Department has seen an increase in family violence relating to the stress of losing homes and employment. There has been a break in the graffiti case due to good work done by one of the Ivins City Firefighters. He suggested the City Council hold an Executive Session to receive an update from the task force. The Mayor and City Council agreed. An Executive Session will be scheduled in the near future.
No report. The Planning Commission meeting for Tuesday, March 3, 2009 was cancelled for lack of agenda items to review.
Judy Gubler provided a report to the City Council regarding the budget, with no use of the reserve fund balance. A copy of the report is available by request through Ivins City Hall. Judy requested feedback from the City Council. If the tentative budget is approved tonight, it will be noticed for a public hearing. Mayor Barney and the other Council Members, with the exception of Council Member Elwell, are in favor of the amended budget that does not use any reserve funds. Council Member Elwell has a problem with cutting jobs, especially in the Public Safety Department. He does not support a reduction in force of the proposed 1.5 people in the Public Safety Department. Judy Gubler indicated that the cuts would be for a short period of time and that one individual has volunteered to be laid off, if there is going to be a reduction in force. If Chief Flowers sees the need for an increase, the budget can be opened. Amending the budget will impact every department in the City. Council Member Elwell stated the short layoff does not fully describe what the impact would be and the City may not be fortunate enough to hire back the same individual or someone as qualified as that individual. If that occurs, the City would have the time and expense of training an individual. Judy Gubler indicated that the availability of qualified employees in this economy is different than it was a year ago and Chief Flowers has spoken with individuals who are qualified to fill the position when it opens. Council Member Hart stated that reducing the budget is painful, but from an economic standpoint there are things that ought to be looked at such as maintenance, landscape and similar things. He suggested looking at what some of those numbers might be, as an alternative to utilizing full-time staff. He indicated that the City is looking at hard decisions for the next fiscal year and the City needs to be prepared in the event that the down turn continues longer than is expected. Mayor Barney asked Judy Gubler if these issues can be re-addressed at the public hearing and Judy indicated that they could.
MOTION: Council Member Rusick moved to approve the Amended Tentative General Fund Budget for Fiscal Year Ending 6/30/2009 as presented this evening.
SECOND: Council Member Jolley
VOTE: The motion carried.
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Elwell |
NAY |
Four Council Members voted in favor and Council Member Elwell opposed. The issue will be set for Public Hearing, which will be on Thursday, March 19, 2009 at 5:30 p.m.
Mayor Barney introduced Adel Murphy to the City Council and recommended that she be appointed as a Planning Commission member. He indicated that she is from Chicago and has lived in Ivins since 2001. She has a law degree and was the Chief Hearing Officer for the State of Illinois Property Tax Appeal Board. She has worked as a real estate appraiser in Washington County and currently works for the Washington County Assessors Office.
MOTION: Council Member Elwell moved to approve Resolution No. 2009-07R, a Resolution of Ivins City, Utah, appointing Adel Murphy to a four (4) year term on the Planning Commission beginning April 1, 2009 and expiring April 1, 2013
SECOND: Council Member Blair
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
MOTION: Council Member Elwell moved to amend Resolution No. 2009-07R to reflect a term of five (5) years and expiring April 1, 2014.
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Dale Coulam indicated that IT Services is proposing a change to the way their customers are serviced. IT Services originally proposed a multiple year agreement but agreed to a one (1) year service agreement, which is what is before the City Council tonight. The advantage to this Agreement is that IT Services will monitor the system by remote, on a daily basis. The cost of the yearly contract is slightly less than what was expended last year. He suggested the City use this service on a trial basis for one (1) year and then evaluate it at the end of the agreement. Council Member Rusick indicated that the agreement seems costly and asked if the City uses standardized products or customized programs and what the possibility is of using a college student to handle IT issues. Judy Gubler and Dale Coulam clarified that the city uses some customized programs and the proposed cost is for maintenance of hardware as well as software. Dale Coulam indicated that IT Services serves some good clients and they have off site backup systems that are advantageous to the City. He doesn’t think overall that a college student could be utilized. The Mayor and City Council agreed to approve the agreement but requested that Dale investigate other options and obtain requests for proposals next year.
MOTION: Council Member Hart moved to approve the Managed Services Agreement with IT Services.
SECOND: Council Member Rusick
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
Judy Gubler indicated that prior to going through the process of amending the zoning ordinance, which requires a public hearing, she wanted to obtain the City Council’s input. Council Member Elwell indicated he had a concern relating to the County Treasurer timely certifying to the City that taxes have been paid and if the County Treasurer can do that, he asked why the County Treasurer wouldn’t be able to tell the developer that a plat cannot be recorded until taxes are paid. Council Member Rusick indicated that it seems like more work for the City to do the County’s job. Mayor Barney indicated that if there is development on County land, the County can regulate that development. Judy Gubler clarified that the County is requesting this because the County cannot hold up recording a plat due to unpaid taxes, but a City can. A City plat can be recorded with the County without the payment of taxes. Council Member Hart indicated that when a developer records a plat, it is on the entire parcel of land and the tax assessment is based on that parcel and not the individual lots. When they’re sold as individual lots, the County has no way to verify whether or not the taxes have been paid because it has a different parcel number than the original complete piece of ground. The County is indicating that if the developer does not pay the taxes on the entire piece of ground, the County has a difficult time going to the individuals that eventually purchase the lots and collecting the back taxes. Dale Coulam stated that the statute says that a municipality may require tax clearance as a condition of plat approval, but in order for the City to implement that, the City would need to adopt an ordinance. Mayor Barney indicated that City should adopt an ordinance requiring the tax clearance because it protects the citizens. Dale Coulam stated that it is to Ivins' advantage to require this condition because it provides tax revenue to the City. The Mayor and City Council agreed to proceed with the process of amending the subdivision ordinance to include the tax clearance as a condition of plat recording.
Judy Gubler indicated that at the City Council’s previous direction, this item was to be placed on a future agenda. The property owners were given two (2) years to connect to the sewer if their property is within 300 feet of the sewer line. The property owners asked for more time, which was previously approved pending this discussion. Some owners have connected, some are refusing to connect and some have legitimate hardship circumstances and are not able to connect at this time. The area that is most affected is the Kayenta area. Council Member Jolley remains in favor of the mandatory sewer hook-up requirement but requests that a sentence or language be incorporated that would allow additional time in the case of hardship circumstances. There were discussions relating to the allowed period of time to be extended, who the hearing body would be to determine a hardship, appeals and filing fees. The Mayor and City Council agreed that a hardship condition would be allowed and that the property owners would be allowed a one time extension of time of up to two (2) more years to connect, with a fee for the appeal. It was suggested that the Administrative Law Judge hear any appeal. The extension would be done by a recorded agreement against the property. The Mayor and City Council requested that Dale Coulam draft the ordinance for their review.
Council Member Elwell indicated that it is not appropriate at this time to raise the gas tax and requested clarification. Council Member Blair indicated that currently the Legislature is looking at putting the increase on State and Federal roads only and if this resolution is passed, Ivins would be saying that if the gas tax is increased, Ivins City wants it share. Dale Coulam stated that this resolution has been proposed by the Utah League of Cities and Towns to try to protect the cities' share in those revenues.
MOTION: Council Member Blair moved to approve Resolution No. 2009-08R, a Resolution of Ivins City, Utah, encouraging the Utah State Legislature to utilize the current transportation funding distribution formula for any increase to the statewide gas tax so that the entire transportation network will benefit, as written.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Council Member Rusick inquired as to who proposed House Bill 259. Judy Gubler indicated that the author of the bill is S. Sandstrom and it is being opposed by the Utah League of Cities and Towns. The bill is aimed at eliminating impact fee revenues from school facilities.
MOTION: Council Member Hart moved to approve Resolution No. 2009-09R, a Resolution of Ivins City, Utah, encouraging the Utah State Legislature to oppose House Bill 259.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Blair |
AYE |
| Council Member Jolley |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Council Member Elwell reported on the water shut-off process. He is pleased with City Staff discharging their duties but is concerned that in spite of the efforts, the City still might be putting some families in jeopardy. The City has a situation where it is the owner versus renter and all of the notices are sent to the owner. There isn’t always good communication between the owner and the renter. There are a lot of situations now where there are owners, rental companies that the owner deals with and then the renters, which further complicates communication. The incident that he’s aware of, there appeared on the door knob this evening, the pink tag from the City indicating that the water had been shut off. The residents returned home in the evening, too late to get the water turned back on the same day. Appropriate and numerous identifying letters are sent to the owner, but nothing goes to the residence itself until the pink tag appears on the door. He suggested that prior to shut off, there be a tag placed on the door indicating that in 48 hours, the water will be shut off unless the bill is caught up. In the instance he is referring to, the rental agency is going to take care of the $40 reinstatement fee and catch up the delinquency because in this case, the situation was not caused by the renters. Council Member Rusick indicated that she received the same type of complaint when she was campaigning for office. She suggested that when a notice goes out by mail to the owner that the water is going to be shut off, a copy of the final shut off notice be sent to the service address. Dale Coulam will review the shut off procedure.
Council Member Blair - no report.
Council Member Jolley reported he will attend the Washington County Coalition meeting tomorrow. He is interested in holding an Executive Session to obtain an update from the task force.
Council Member Rusick requested information on the Mosquito Abatement Board. Judy Gubler will provide that information to her. Council Member Rusick reported that the current issue of Elan Magazine is out. It is the anniversary issue and Lesley Mendenhall is on the cover. She also inquired as to when the City Council will receive the financial report on Heritage Days. Judy indicated that it will be addressed at the next City Council meeting.
| C. |
City Manager, Judy Gubler |
Judy Gubler reported that the tentative unveiling at the round-about is May. The Charter School is moving ahead and they are planning a ground breaking. Council Member Rusick requested the name and purpose of the charter school be provided to the City Council. Judy will provide that information to them. Judy reported that there were 15 sets of plans issued for the area where the CDBG grant is to be applied and the city received 9 bids. The bids were much higher than anticipated. The City may put the project out to be re-bid.
| D. |
City Attorney, Dale Coulam |
Dale Coulam reported that the City has been participating in the Special Olympics Torch Run in the past. On April 17th and April 18th, City employees have an opportunity to volunteer to help at the St. George Special Olympics regional games. The minimum age to volunteer is 18 years, unless a parent or guardian is with them. Dale will be providing a sign-up sheet at the City Staff meeting tomorrow.
| E. |
Items to be placed on future agendas |
The meeting adjourned at 8:30 p.m.
Respectfully,
Kari D. Jimenez
Ivins City Recorder