All present included Council Member Elwell, Council Member Blair, Council Member Jolley, Council Member Rusick, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Public Works Director Dave Glenn, City Engineer Charles Gillette, and Public Works Supervisor Phil Castle.
EXCUSED:   and Council Member Hart

Mayor Barney was also excused and Mayor Pro-Tem Elwell conducted the meeting.
AUDIENCE: Kenneth Anderson, Virginia Jones, Melanie Grant and others who did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Council Member Jolley led the Flag Salute.

C.	Invocation

Council Member Jolley gave the invocation.

D.	Disclosures

Mayor Pro-Tem Elwell and the City Council Members stated they had no conflicts of interest with items on this meeting's agenda.

A.	Department Reports: Building Department, Public Works and Engineering

Judy Gubler provided two reports on behalf of the Building and Zoning Administrator Kevin Rudd,  A copy of these reports are available by request through Ivins City Hall.
Dave Glenn provided a monthly summary report to the City Council.  A copy of the report is available by request through Ivins City Hall.  The Public Works department installed a water line on 200 East and the 600 East storm drain project is progressing.  The MPO (Metropolitan Planning Organization) is looking at funding for a rapid bus transit study that is different than SunTran.  It would be an express bus route from St. George to Hurricane.  There will be a recommendation that Ivins and Santa Clara be included in the route.  
Charles Gillette handed out a monthly report, a copy of which is available by request through Ivins City Hall.  The construction project on 400 South has begun, as well as paving on 150 East and Main Street, which will continue on 200 East and 600 South.  Contact has been made with the FEMA reviewer regarding Ivins LOMR (Letter of Map Revision) request and additional information has been provided to FEMA for their review.  The project on Cordero Drive to address ground water is being designed and bidding is anticipated to start in August for that project.  The City has installed 1200 feet of curb and gutter on 100 South and 100 West as part of an agreement with residents to improve that area.  An expenditure for the Snow Canyon Parkway phase 2 street lights is on the agenda tonight for approval.  There is a meeting scheduled with the City Engineer and property owner Keith Nelson regarding the corner property on Docena.

B.	Planning Commission Report

There was no one present from the Planning Commission to provide a report.  

There was one Citizen Comment submitted by Melanie Grant.  Melanie Grant came forward and spoke regarding 200 East.  She attended the appeal hearing yesterday regarding restricting access onto 200 East.  She stated restricting access would be a hardship for the owners of the properties on 200 East and requested the City consider on-street parking on 200 East or a shorter wall.  Melanie Grant reiterated issues that were addressed at the appeal hearing and Dale Coulam raised an objection indicating the issues should not be re-addressed pending resolution of the judicial process.  The City Council determined that once the judicial process has been resolved, they would like the TRC (Technical Review Committee) to review the cross-section that allows on-street parking and review the possibility of a shorter wall on 200 East. They would like to address this issue after receiving a recommendation from the TRC.  

A.	Consider approval of Resolution No. 2009-16R "A Resolution of Ivins City, Utah, Approving the Certified Property Tax Rate for Calendar Year 2009 and for Fiscal Year Ending June 30, 2010

Judy Gubler provided a PowerPoint presentation to the City Council.  A copy of the presentation is available by request through Ivins City Hall.  The City Council previously determined not to raise property taxes.  The Certified Tax Rate of .001736 for the calendar year 2009 and for the fiscal year ending June 30, 2010 was established by the Utah State Tax Commission.

MOTION: Council Member Rusick moved to approve Resolution No. 2009-16R A Resolution of Ivins City, Utah, Approving the Certified Property Tax Rate for Calendar Year 2009 and for Fiscal Year Ending June 30, 2010, adopting the rate of .001736
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Rusick	AYE
Council Member Hart	ABSENT

Roll call vote. All Council Members that were present voted in favor.

B.	Discussion of possible Air Quality Ordinance

Dave Glenn referred to a committee that was created to discuss options to mitigate problems with dust in the air.  He indicated that the City of St. George has an Air Quality Ordinance and a copy of their ordinance was brought before the City Council for their review to determine if Ivins would like to pursue a similar ordinance.  The City Council discussed the enforceability of this type of an ordinance, what other cities in Washington County are proposing, the need for individuals designated to observe the air, controlling dust and erosion with fencing and other similar measures. The City Council determined they would like City Staff to look at Ivins’ unique situation and prepare an outline of an ordinance that would address specific Ivins issues such as enforceability, storm drain run off, blowing dust on the streets, the cleanliness of construction sites, placing gravel to remove dirt from vehicle tires and similar issues.

Council Member Rusick requested item A be removed from the Consent Agenda.

B.	Approval of Meeting Minutes for July 2, 2009

MOTION: Council Member Blair moved to approve Minutes of the July 2, 2009 meeting as submitted
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Rusick	AYE
Council Member Hart	ABSENT

A.	Approval of expenditure for Snow Canyon Parkway Streetlights Phase 2

Council Member Rusick referred to the Financial Impact portion of the Staff Report and indicated that the actual amount to be paid by City funds is $35,900 and not $24,900 as indicated.  Charles Gillette indicated that was a math error.

MOTION: Council Member Rusick moved to approve the expenditure for Snow Canyon Parkway Streetlights Phase 2 in an amount not to exceed $124,900
SECOND:  Council Member Jolley

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Rusick	AYE
Council Member Hart	ABSENT

A.

Council

Council Member Blair - no report
Council Member Jolley - no report
Council Member Hart - absent
Council Member Rusick - no report
Mayor Pro Tem Elwell reported there is a commitment from a donor to pay for the cost of a large propane tank for the Ivins Animal Shelter.

B.	City Manager, Judy Gubler

Judy Gubler indicated the July 24th parade starts at 9:00 a.m. and she will email the City Council Members the place for them to meet prior to the parade starting.  The ribbon cutting for the remodeled animal shelter is at 11:00 a.m. that morning.  Judy referred to the 200 East Appeal hearing that was held on July 15th and indicated a lot of time, preparation and expense was incurred for the appeal.  It has occupied the City Attorney and City Recorder for approximately one month.  The hearing began at 9:00 a.m. and ended at 6:00 p.m.  In attendance were the City Attorney, City Recorder, a Court Reporter, Bailiff, Administrative Law Judge and the Appellants.  The Appeal has been very costly but due process is a necessary responsibility of the City.  Judy indicated it is a painful process for the Appellants as well and expressed appreciation to all of the individuals who participated. Council Member Rusick requested the City Council be notified of appeal hearing dates in the future.

C.	City Attorney, Dale Coulam

Dale Coulam reported the City Treasurer Mary Hays has submitted her resignation and she asked him to convey to the City Council her enjoyment of working with Staff and the City Council.  Council Member Rusick inquired if the resignation will affect the job descriptions the City Council recently approved.  Dale Coulam indicated that it shouldn’t but that it may depending on an evaluation of the part-time Director of Finance position that has been posted.  In the interim, the Treasurer’s duties are being re-allocated for coverage.

D.	Items to be placed on future agendas

MOTION: Council Member Jolley moved to adjourn
SECOND:  Council Member Blair

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Blair	AYE
Council Member Jolley	AYE
Council Member Rusick	AYE
Council Member Hart	ABSENT

The meeting adjourned at 6:40 p.m.

Respectfully,

Kari D. Jimenez
Ivins City Recorder