All present included
Council Member Elwell,
Council Member Hart,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
City Attorney Dale Coulam,
City Manager Judy Gubler,
Parks and Recreation Director Benny Sorensen,
Director of Public Safety Bob Flowers,
and
Planning Commission Chairman Dennis Mehr.
EXCUSED:
Council Member Blair,
Council Member Jolley
Council Member Blair and Council Member Jolley were excused.
Council Member Rusick led the Flag Salute.
Council Member Elwell gave the Invocation.
The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
Director of Public Safety Bob Flowers reported that Officer Jon Ward, firefighter, is in training at the Academy in Salt Lake City as part of the cross training for the Public Safety Department. He will be back in four weeks. There was a fire a few days ago in a Casita near the Mayor’s home. There was a gas leak while barbequing. Sgt. Randall got there, assessed and did some preliminary work until the firefighters arrived. It’s an indication of how well the cross-training is working. Volunteers are also doing marvelous work. He reported previously about a pursuit and the individual was apprehended. KCSG did a story on it. He explained the details of the investigation. There was an investigation meeting in Cedar City about all the active cases, etc. and Chad Holt reported on this case. He’s doing a good job. The animal shelter is moving along. The building will meet all of the needs and has more space than anticipated. The individuals are working very hard on the building. The department has had several cases but one recent case came up as a false report after the investigation. It was a good lesson for the detectives that we are also protecting the suspect. The department budget looks good, and the fire truck went on annual inspection and passed with no additional expense. The stats haven’t changed since the last report.
Parks and Recreation: Judy Gubler reported on behalf of Benny Sorensen who was coaching. Baseball is going well. Zumba is growing, splash pad is busy, the City has some tree problems and he’s treating eighty-eight trees in the park. European fruit scale attacks the leaves and destroys the leaves and it is particularly bad for ash trees but other trees are being affected as well. UNITY Park is now on irrigation water as of two days ago. The Grand Marshal needs to be selected and it will be on the next meeting’s agenda. Plants will be replaced on Center Street this week.
Chairman Mehr reported that the Planning Commission held a meeting on Tuesday, June 2, 2009. The Commission approved the Final Plat for Taviawk Phase IX-G, continued discussion on the Zoning Ordinance regarding residential zone and modifying regulations. Those zoning designations are being put into draft form.
Council Member Rusick asked if there had been any thought given to addressing the priority situations, such as land that could be designated for condos. Dale Coulam advised that it would probably be addressed next during the commercial zoning discussion.
Judy Gubler reported that Elaine Brinkerhoff brought this to the Staff’s attention. When the Certificate of Occupancy is issued, the billing of all utility services begins. The Certificate of Occupancy is currently the only means to begin bill for services. Services include water, sewer, storm drain and garbage. When the Certificate of Occupancy is issued, entities that charge for the services begin billing Ivins, and Ivins then bills the owner. Every city in the county invoices for services once the Certificate of Occupancy is issued. This situation is creating a hardship for Elaine Brinkerhoff because she has six new townhomes and five of those are not sold and have not been occupied, but are being billed for all of the services. They are using water for the landscape but they are not using sewer or garbage. Elaine Brinkerhoff asked the Mayor and City Council to make a change in Section 9 of the ordinance that deals with the application for water service. She indicated each unit has its own meter. However, there is no separate meter for the landscaping. Judy Gubler indicated if there was a separate meter for the landscaping the City could bill for only the water needed for landscaping. The City Council discussed possible ways to defer the billing of services and determined to maintain the billing of services as it currently is but to try to look at an exception. Elaine Brinkerhoff will look into the cost of installing separate meters for the landscaping and Judy Gubler will work with Kevin Rudd to discuss temporary Certificates of Occupancy or some other way to trigger the start of utility service charges. Mayor Barney indicated that in the future when a townhome project is going through the approval process, it should be suggested that the common area be metered separately.
Dale Coulam indicated this item was tabled at the previous City Council meeting and an Addendum is attached regarding employment eligibility of their employees. The Addendum has been signed and returned. Council Member Rusick asked if the agreement complied with the new laws effective July. Dale Coulam explained that it would and it incorporated the second phase of the legislation. There was also a concern that the liability limit of one million dollars is not sufficient. However, this limit has been used on all of the City’s professional agreements. He explained the limit liability an gave some examples of other contract limits. He suggested approving the agreement as written, and if the Council wants to discuss raising the limits on contracts, they could do that for future contracts. Mayor Barney suggested that Dale Coulam take a look at higher limits since he has recently seen higher limits in commercial leases. He has seen two and three million dollar limits for general liability. He asked Dale Coulam to check with the other surrounding cities and see what is being required.
MOTION: Council Member Rusick moved to approve the Agreement for Professional Services by and between Ivins City, Utah and E Cubed Engineers & Consultants, LLC
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
Dale Coulam explained the changes involved two clarifications: 1) Section 201 involves purchases where a purchasing card is used by the department head. There was no language that required a purchase order. Prior to using purchasing cards a purchase order was required over a certain limit. The new language now says that if a purchasing card is used, a purchase order is not required but the City Manager still must approve the purchase. 2) Section 208 has a requirement that anyone involved with finances is required to take five consecutive days of vacation during the fiscal year. The City accrues vacation on a calendar year, and the language has been changed to reflect a calendar year, which will allow the necessary time to accrue the leave time. Council Member Rusick wasn’t clear as to why a purchase order would not be required when using purchasing card. Judy Gubler explained that the information on the purchase order is on the credit card approval which includes the amount and the receipt. A purchase order is an additional step. Council Member Rusick felt the ordinance should require approval of a credit card purchase by the City Manager. Judy Gubler indicated that maybe the language should say that when a purchasing card is used for a purchase up to $5,000 it requires City Manager approval, and the purchase card approval process should be followed. Dale Coulam suggested the wording be, "Except when a purchasing card is used for purchases up to $5,000, requires the City Manager’s approval on a Cost Allocation Report in lieu of a purchase order." Mayor Barney suggested that the City Manager sign the report. He asked if there had been any audit concerns regarding purchasing or checks. Judy Gubler stated there were no audit concerns. Dale Coulam explained that the Financial Director, Maureen Burger, brought this to Staff’s attention in anticipation of the upcoming audit and suggested some changes.
MOTION: Council Member Hart moved to approve Ordinance No. 2009-06 "An Ordinance of Ivins City, Utah, Amending Sections 3.12.201 and 3.12.208 of the Ivins City Code Regarding Purchasing, as amended.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Judy Gubler introduced agenda items D, E and F and explained that there are some accounting staff job duty changes recommended to better respond to the City’s accounting/financial analysis needs. Dale Coulam explained in detail the three positions being proposed. Staff requires more analysis reporting, investment advice, and controls in general to help the future growth of the City. More qualifications have been added to these positions and proficiency testing will be required based on Government Finance Offices Association (GFOA) standards and testing will be required for each position. The City Council discussed the job descriptions. Council Member Hart asked if the Treasurer could do any of what the Director of Finance and technician does. Judy Gubler stated, "No." The positions have to be separate.
MOTION: Council Member Rusick moved to approve the Ivins City Job Description for Accounting Technician
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
See discussion above.
MOTION: Council Member Elwell moved to approve the Job Description for Director of Finance
SECOND: Council Member Rusick
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
See discussion above.
MOTION: Council Member Hart moved to approve the Job Description for City Treasurer
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
Dale Coulam distributed and explained a comparison of the current benefits and what is proposed for the upcoming fiscal year. Council Member Rusick asked if the City pays the whole premium for long term disability. Dale Coulam stated, "Yes," and it is part of the core benefits. The cost is not substantial compared to other benefits. The City is required to carry long term disability insurance for law enforcement and in fairness, it’s offered to all employees. Council Member Hart didn’t realize the City provided life insurance. Dale Coulam explained that there is a core benefit that the Trust has always provided. A better rate is provided through Mutual of Omaha. An employee can buy up but the base coverage is $50,000. Judy Gubler stated the cost with these plans is the same as last year. The benefit is reduced somewhat with a larger deductible which is 80/20 instead of 90/10 but still has excellent benefits. Employees are happy to have benefits and Dale Coulam and Andrea Beyers worked hard to keep the costs the same with similar benefits. Dale Coulam explained if kept the same, the costs would have increased 15%. The base plan has been lowered but employees can buy up to the higher coverage. Judy Gubler explained that what it means to the employees is that salaries are the same and the benefits are decreased but not significantly.
MOTION: Council Member Rusick moved to empower Dale Coulam to enter into contracts with the providers outlined this evening in the exhibits in their packets.
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
Dale Coulam explained the Flex spending account benefit portion of the employee benefits. The provider requires a Resolution that states the City recognizes and approves the plan.
MOTION: Council Member Hart moved to approve Resolution No. 2009-13R "A Resolution of Ivins City, Utah, Adopting the Cafeteria Plan including a Dependent Care Flexible Spending Account and Health Flexible Spending Account
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
Roll call. All Council Member that were present voted in favor.
Dale Coulam indicated that the change was the name of the developer. The Council had previously approved this and raised some questions with the warranty security Paragraph, Page 4. Some of those changes were not made. The term "Security Agreement" is a term used and defined in the Subdivision Ordinance and the term "Warranty Security" is a term in the development agreement. He referred to Paragraph B, Page 4 "Warranty Period" of the agreement. He used the term "Warranty Security." He read the sentence, a copy available at the Ivins City office. The last sentence did not change. The Security Agreement is the full 125% security completion bond. Then it is reduced down to the warranty period and 25% remains of the original security. The final sentence is correct as worded. He did not make the change that was discussed previously.
MOTION: Council Member Rusick moved to approve the First Amended Master Plan/Development Agreement for the Posovi II Subdivision Project Ivins City Washington County Utah
SECOND: Council Member Hart
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member Hart |
AYE |
| Council Member Rusick |
AYE |
| Council Member Blair |
ABSENT |
| Council Member Jolley |
ABSENT |
Council Member Elwell reported that the "Pound Puppy Gala" was a success. All of the major players want to hold an annual fund raising event for the shelter. Council Member Rusick asked how much money was raised. Council Member Elwell advised that some donations are still coming in but approximately $11,000.00 was raised. The meal was excellent and offered several choices. Council Member Rusick felt it was a very fun party.
Council Member Blair was excused.
Council Member Jolley was excused.
Council Member Hart invited the members to visit the new animal shelter. It’s coming along. Approximately twenty-five (25) people are working at the facility.
Council Member Rusick advised that Jay Beacham provided her with a copy of his one man show performed at the St. George opera house in February and advised that he furnished information to Judy. Judy Gubler attended the performance and posted it on the City’s door but doesn’t recall contacting the Council Members. She will let the council members know for next year.
Mayor Barney asked about the status of some of the subdivisions that had Final Plats. Some of the subdivision have improvements. They briefly discussed the status.
Judy Gubler mentioned that the paintball park on SITLA property is going to be removed as it is a potential fire hazard. The location of the property goes to the end of Center Street and down in the wash. Some plywood was recently set afire. The concern was that the fire would go up the hill. SITLA would give a permit but they would want controls.
Mayor Barney asked Judy Gubler to follow up with the Beasley’s about the roundabout. Judy Gubler also explained that residents in Padre Canyon need to contact City Engineer Chuck Gillette about the flood insurance forms that need to be filled out. In regards to the Grand Marshal, the following names were mentioned: Troy Nelson, Terry Marten, retired office Jim Hatzidakis. Judy Gubler asked that they submit any other names to be considered.
| C. |
City Manager, Judy Gubler |
Judy Gubler advised that the legislature is looking at the Utah Retirement System (URS) benefits. Dale Coulam attended a meeting regarding the proposed changes. City Managers are involved and concerned that some benefits are going to have to be cut. Where and how is the question.
She advised that after the previous Council meeting, the security measures for the Council meetings were reviewed, and the procedures are now under control. She apologized for not having security at the previous meeting.
She reported that Ence Homes had submitted Final Plat for Sun Crest West Phase 2. Phase 1 has two lots left.
Judy Gubler reported on the roundabout statue. An email received in May from Brian Chadaz stated that they are working closely with the artist's foundry. Three pieces are complete and the 4th is on its way to the foundry and the fifth is ready for mold work. The latest word is that it will be done in July but wouldn’t announce it. Entrada is in communication with the artist and they are funding it. Judy Gubler will follow-up with artist.
| D. |
City Attorney, Dale Coulam |
Dale Coulam distributed a report on the breakdown of the business licenses and residential water shut offs. The month of June always seems to spike for water shut offs. A copy of the report is available by request through Ivins City Hall. The Federal unemployment went up to 8.9% but Utah statewide stayed at 5.2% and Washington County's unemployment rate went down from 7.1% to 6.9%.
| E. |
Items to be placed on future agendas - None |