All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Jolley,
Council Member Roberts,
Council Member Rusick,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Director of Finance Alan Rae,
Parks and Recreation Director Benny Sorensen,
Public Safety Director Bob Flowers,
City Engineer Charles Gillette,
Public Works Director Dave Glenn,
and
Chairman Dennis Mehr.
EXCUSED: None.
AUDIENCE: Bonnie Butterfield, Ross Reid and others who did not sign in.
Council Member McDonald led the Flag Salute.
Council Member McDonald gave the Invocation.
Council Member Elwell referred to agenda items 5C and 5D and indicated that his wife is president of FIAS (Friends of Ivins Animal Shelter). There were no other conflicts or disclosures.
Chuck Gillette indicated the City is interested in pursuing the design of the Old Township and he is recommending the City proceed with selecting Rosenberg & Associates for the engineering. The City did an In-House cost analysis and the cost difference was inconsequential. Council Member Roberts referred to the cross-sections being used and Chuck Gillette stated the Transportation Master Plan indicates the use of meandering sidewalks; they are not required, but are recommended. Council Member Roberts would like the issues of meandering sidewalks to be a future agenda item for discussion and the City Council agreed. Council Member Jolley inquired as to the school district's participation with the improvements. Judy Gubler indicated that when the project was originally proposed three (3) or four (4) years ago, the school did not want to participate but that the City will contact them again.
MOTION: Council Member McDonald moved to approve the expenditures for the Engineering of the Old Township Improvements and approve Rosenberg and Associates for the Engineering.
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Judy Gubler clarified that the Resolution should be changed where the verbiage indicates "Constructing Road and Related Improvements" it should read "Storm Drain and Related Improvements". The purpose of this Resolution is not to make a commitment, but to establish the outside maximums in the bond including the total maximum dollar amount of Five Million Dollars ($5,000,000), the maximum maturity of twenty-five (25) years, establishes the course of action for the issuance of the bonds, and commits to pledging the sales and use tax when the bond is approved. Council Member Rusick indicated the project may cost over seven million dollars ($7,000,000) but the City would only be approving five million dollars ($5,000,000). Judy Gubler indicated that is correct and that a portion of the cost is to be paid by an earmark or Federal Grant and if the City does not receive the earmark or Federal Grant, the City would figure out some other way to pay for the project. The total cost of the project is approximately six million dollars ($6,000,000). The previous estimate of seven million dollars ($7,000,000) was based on market costs three (3) years ago. Alan Rae indicated the City would not be committing to the bond, only agreeing to move forward. The City anticipates the actual bond will be less than four million dollars ($4,000,000). Council Member Rusick inquired as to the difference in this bond and others the City has had previously. Alan Rae indicated the basic difference is how the bond is secured and collateralized. In this particular bond the sales tax is the collateral and it is sufficient to pay for the bond. Council Member Rusick referred to the interest rate and indicated it is the highest interest rate the City has seen for bonds. Alan Rae stated the rate is to provide the City Council with some latitude. The City previously discussed the Build America Bonds that Washington County currently has and if a bond is issued and the Build America Bond is attached, the bond becomes taxable with a higher interest rate. The City then receives a forty-five percent (45%) credit against that interest, placing the interest rate in the range of four to four and a half percent (4.0%-4.5%) net. The bonds have to be issued at the full interest rate and then the City receives the credit back. Council Member Rusick inquired as to the likelihood of receiving the Build America Bonds. Alan Rae indicated those bonds are still available and the City needs to make application to the County for those and the bonds have to be used by December 31, 2010. The State of Utah has requested from Washington County that anything unused or uncommitted by June 30, 2010 be sent to the State of Utah to allow the State to use them.
Council Member Rusick inquired as to language in the first WHEREAS and Judy Gubler recommended the language be to finance the construction of storm drain improvements including road, curb and gutter and sidewalk so that the main item is storm drain improvements.
MOTION: Council Member Rusick moved to approve Resolution No. 2010-09R a Resolution Authorizing the Issuance and Sale of not more than $5,000,000 Aggregate Principal Amount of Sales Tax Revenue Bonds, Series 2010 of Ivins City, Utah for the Purpose of Constructing Storm Drain Improvements including Roads, Curb and Gutter and Sidewalks.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Roll call vote. All Council Members voted in favor.
Chief Flowers indicated the draft ordinance before the City Council is what has been reviewed many times and is what is proposed. The Mayor and City Council discussed and approved additional amendments to the ordinance and requested they receive a final copy. A copy is available by request trough Ivins City Hall.
Council Member McDonald referred to FIAS being referenced throughout the ordinance and indicated he would like the FIAS references removed from the ordinance and set forth in the Memorandum of Understanding, for the purpose of protecting the City and looking to the future. Dale Coulam indicated that it was the Council’s preference as to whether FIAS should be covered in the ordinance or in the Memorandum of Understanding. Judy Gubler understands Council Member McDonald’s concerns and indicated if the Memorandum of Understanding is clear, that is more important than whether or not FIAS is included in the ordinance. Chief Flowers is comfortable with including FIAS in the ordinance but understands and appreciates Council Member McDonald’s concerns. Dale Coulam suggested that when a Motion is made that it be made to be approved as amended and it should be included in the Motion as to whether or not FIAS should be included in the ordinance.
MOTION: Council Member Elwell moved to approve Ordinance No. 2010-07 an Ordinance of Ivins City, Utah, Amending Title 6 of the Ivins City Code Entitled "Animals", as amended, noting that reference to FIAS remains in the ordinance.
SECOND: Council Member Rusick
VOTE: The motion carried.
| Council Member Elwell |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
| Council Member McDonald |
NAY |
Roll call vote. Four Council Members voted in favor and one opposed.
Dale Coulam indicated Council Member Elwell previously provided a handout with bullet point suggestions for the Memorandum of Understanding and Linda Elwell and Chief Flowers agreed that the Memorandum is consistent with those suggestions. The Memorandum of Understanding sets forth each party's responsibilities. Linda Elwell contacted Dale and requested the amendment that is set forth in paragraph 3 "Termination". The City Attorney and the Chief of Police did not have objections to the amendment. Council Member Elwell indicated the reason for the amendment is it seems to protect the City and FIAS. Council Member Rusick indicated there is a concern that the City could terminate Friends of Ivins Animal Shelter (FIAS) and Council Member McDonald stated that would be an option for the City. Dale Coulam indicated there is going to be an element of trust and faith on both sides. Mayor Hart stated that if something unforeseen occurs with FIAS, the Memorandum of Understanding allows the City to terminate the relationship and the Ordinance would come before the Council to remove FIAS’ name from the Ordinance. Chief Flowers agreed and indicated he is comfortable with the way the Memorandum is written. Dale Coulam indicated the City is in a unique situation where FIAS has already been working with the shelter successfully for a significant period of time and each party willing to exercise some good faith. The Mayor and City Council discussed and approved additional changes to the Memorandum of Understanding and requested they receive a final copy. A copy is available by request through Ivins City Hall. Council Member Rusick referred to section 1b where it indicates "Such animals will be kept in accordance with City policy" and inquired if the City should specify that it is the policy adopted by the specific ordinance in Ordinance No. 2010-07 dated 04/01/2010. Dale Coulam recommended that it reference City policy as set forth in "Section 6.01.101 of the code" which is entitled "Policy." Council Member Rusick inquired if the City policy should change from "No Kill" to "Kill" and if the City only says it is set forth in Title 6 "Animals" it could be a different City policy if a Council amends the policy. Mayor Hart indicated the City cannot be prevented from altering the policy. Dale Coulam agreed and stated the City cannot bind a future Council that might decide to change the policy. It would take a completely different mindset of the entire Council to change that. Council Member Rusick wants it clear that it is the No Kill policy and agreed to leave the wording as the City Attorney suggested. Council Member McDonald indicated that at the previous City Council meeting the Council discussed cost per animal and the Memorandum indicates FIAS will be responsible and inquired if that should be specific in the Memorandum. Chief Flowers indicated the cost is minimal due to In-Kind donations and requested there be time for the City to work with FIAS to determine the actual costs. Council Member McDonald’s concern is manpower and expense to the City. Chief Flowers is in the process of tracking data and as the time goes on the City will have the figures and more information. Mayor Hart indicated there is a history between the City and FIAS and there is no reason to create undo complications for something that is working well. Council Member McDonald is satisfied with the City’s direction and indicated his concern is ensuring there is a balance.
MOTION: Council Member Rusick moved to approve the Memorandum of Understanding by and between Ivins City and Friends of Ivins Animal Shelter (FIAS) as presented, with the following corrections: in item 1b line 2 after the second word "shelter" add "except for spay/neutering and vaccinations (other than rabies) also in line item 1b in the first line "animal" should be plural and not singular. In item 2b in the second line after Public Safety add "when overcrowding, safety or welfare become an issue" also in the red "Termination" in the second line there is an extraneous comma and in item 1b in line 3 after City Policy add "as set forth in Section 6.01.10 of the City Code.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Dale Coulam referred to a memo and draft revised Volunteer Policy previously provided to the City Council. A copy of these documents are available by request through Ivins City Hall. Council Member Elwell referred to the insurance and City trust organizations addressing City positions being filled by volunteers and inquired if a person is at the shelter to talk to the cats or walk the dogs or for the individuals who assist with the City festivals, are those positions that would be filled by City employees if there were no volunteers. Dale Coulam indicated "volunteer" is defined as a person serving in a "volunteer position", which is defined as a position within a City department designated as such by the department director and the duties of which would otherwise need to be performed by a City employee. Currently the City policy allows the Department Head, who knows that department better than anyone, to make that determination. Council Member McDonald inquired as to insurance coverage for individuals if an accident were to occur. Dale Coulam indicated the Department Head reports who is volunteering and if the City has that name on its list, the Trust will cover them. Where there has been some issue in the past with the animal shelter was there was not always clear communication as far as who was volunteering in the shelter and they were not on the list to be covered. The Department Heads need to realize that they need to report to Human Resources so the City can maintain an updated list. The City would request that if someone is going into the shelter or serving a significant function, it is in the City’s best interest for those individuals to be listed and covered under Workers Compensation as opposed to General Liability. Mayor Hart indicated there are policies in place at the animal shelter where the volunteers are documented and the City has knowledge of them. Chief Flowers indicated that is correct and if the volunteer is working in the facility, safety training is required but if an individual is walking a dog or petting a cat, safety training is not required. Mayor Hart referred to the drug testing portion of the policy and indicated he would not want Ivins to lose the no drugs designation. Dale Coulam suggested that the City bring forward a job description for those positions that would take the place of the duties of a City employee, as a volunteer position that the Council approves. If there is not a job description for the position, the individuals would fall outside the scope of the Volunteer Policy. Council Member Rusick inquired as to the drug testing being mandatory and Dale Coulam indicated it is mandatory for pre-employment. The random drug testing is for safety sensitive functions. If an employee or volunteer is involved in an accident, they are automatically drug tested post-accident. If they are not in a safety sensitive position and were not involved in an accident, the only drug test would be for pre-employment. The Volunteer Policy can be updated tonight and Chief Flowers and Dale Coulam will work on the job descriptions to be brought forward at a later meeting.
MOTION: Council Member Elwell moved to approve the revised 4/1/2010 Volunteer Policy as presented.
SECOND: Council Member Jolley
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Dale Coulam referred to a memo and information previously provided to the City Council. A copy of these documents are available by request through Ivins City Hall. Ivins Code doesn’t expressly prohibit or permit mobile catering. Council Member Elwell’s concerns are with items 1 and 3 in the memorandum which are public safety for young children being attracted to an ice cream truck and the potential for mobile vendors to take sales away from by local vendors. He is not interested in opening this up. Council Member Roberts is in favor of mobile catering if there are some restrictions that are in place and followed. He indicated that competition is good for free enterprise. Council Member McDonald agreed with Council Member Elwell regarding the public safety concerns and inquired if it would be possible to allow mobile catering to park in designated areas. Judy Gubler explained that the public safety concerns are not just the physical safety of children but also for having an unknown individual in a vehicle that is attractive to children. Council Member Rusick indicated public safety is a factor but that there are incidents of Boy Scout leaders and others in positions that are in contact with children that have hurt children. Kids cannot be protected from everything and parents have to take some responsibility. Council Member Rusick would like to look at coming up with a reasonable ordinance to allow an ice cream truck and at least try it for this summer. Council Member Jolley is inclined to look into providing a way for local vendors to have an opportunity to serve the community. The mobile catering should have an intended destination and not drive around the City randomly. Council Member Elwell indicated he has a strong bias due to his background but that he will support the City Council’s decision. Mayor Hart suggested restricting a mobile catering vehicle from stopping on certain types of roads where there is a large volume of traffic and restricting attendance at festivals where there is no contractual arrangement made to ensure it is fair to the vendors that pay for booths at the festivals. The City Council requested the City Attorney draft an ordinance to allow mobile catering with restrictions.
Judy Gubler indicated that in preparation for the FYE 2011 budget, it is primarily status quo and requested feedback in the areas of Festivals, Community TV, Economic Development or other areas the City Council would like to see addressed. Council Member Elwell indicated that due to what is occuring in the City with the upcoming Ironman and Ivins Fitness Festival, he would like the City to dedicate a portion of the budget towards enhancement of the materials and the park itself for festivals. Mayor Hart has researched festivals around the country and one thing that is consistent is the presence of large and colorful fun things for people to do and get involved with. There is a company in San Diego, CA where the City can obtain portable amusements for adults. Ivins Fitness Festival and the Heritage Days Festival are great opportunities to bring people into the City. Council Member Rusick indicated that if there is a choice between purchasing portable amusements or brochures for the Economic Development Committe, she would prefer the money be used for the Economic Development Committee. Council Member Jolley suggested the rules be suspended to address item H before the budget item.
MOTION: Council Member Jolley moved to suspend the rules and move to item H at this time and then go back to item G on the agenda.
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Mayor Hart provided a Proposed Budget to the City Council Members, a copy of which is available by request through Ivins City Hall. There is a significant electrical power project at UNITY Park to prepare for the vendors at the festival and Robert Ence has volunteered to provide the majority of his labor to the City and will purchase equipment that will allow the City to service the vendors' needs. The largest budget number is for the rental of a number of inflatables. The price includes two (2) staff members from the company and the company provides insurance coverage. The ticket sales would be through the City and what is being proposed is that there be two (2) or three (3) ticket vending areas in the park and that tickets will be used for everything so all of the money is controlled by the City. Council Member Rusick inquired what the City will be charging for the tickets. Mayor Hart indicated the least expensive event for the kids is fifty (50) cents and the most expensive will be the bungee trampoline that will be around five ($5.00) dollars. Council Member Roberts suggested the possibility of placing donation boxes at the festival or hold a fundraiser to help defer costs. Mayor Hart explained that this festival is the first time for Ivins and some of the expenses identified in the proposed budget are a one time expense. It seems critical that Ivins make the festival special or the City will do a disservice to itself for the future. Council Member Rusick agreed and indicated that donations are generally minimal at festivals and that sponsorships are better for revenue. This is a chance to create a good signature event for the City. There were questions regarding the budget amount that is to be approved and Judy Gubler suggested the budget be approved with the correction of the increased revenue of $2,000, with expenditures not to exceed $13,350.
MOTION: Council Member Rusick moved to approve the proposed budget with the change of adding two thousand ($2000) dollars to the revenue side, in the amount of $13,350.
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Jolley |
AYE |
| Council Member Roberts |
AYE |
| Council Member Rusick |
AYE |
Council Member Jolley would like to see a contribution from Ivins City to the Southern Utah Music Festival in the budget that was requested by Jason Bonham at a previous City Council meeting. Council Member Roberts inquired how many organizations there are that the City contributes to. Judy Gubler indicated the separate line items in the budget are the Princess Pageant, Youth Easter Activity, 24th of July, Harvest Moon/Fitness Festival and Heritage Days. Others will be spelled out specifically in the budget. Mayor Hart inquired if the City makes a modest historical contribution to Tuacahn and Judy Gubler indicated "Yes" and that was previously approved by the Council as part of the budget hearing. Council Member Rusick indicated that some of the events are classified as charitable and others fall into the Economic Development realm. The City should start thinking of those in that perspective. Some of the donations need to be done by the City. She sees the Southern Utah Music Festival as an Economic Development effort and would like to see it on the budget list. Mayor Hart agreed and indicated that in marketing, image is everything. Ivins has a marvelous image but it is not well known. Council Member Roberts referred to the Budget Memorandum provided by Judy Gubler, a copy of which is available by request, and indicated the City should proceed with the projects that are at the top of the list. Judy Gubler clarified that as the budget is put together, there is not going to be a lot of money for road replacement and repairs this year. The City has typically spent less than the revenue received, placed that into Capital Projects where the City could accumulate money for some of the projects. Some of the projects that were done were the Padre Canyon project the Cordero Drive groundwater project. The City has a maintenance list and there are times when it is better to resurface and maintain a road to extend the life of a road rather than replacing another road. Judy Gubler will provide information to the Council with costs associated with each of the projects. There are fifty-three (53) miles of roads in the City that are in various stages. The City is in a maintenance status to maintain the basic level of service the City provides to the residents.
Council Member Rusick - no report but indicated that if you have seen the St. George Magazine, Planning Commissioner John Reed’s wife is on the cover.
Council Member Roberts reported that Red Mountain Market is anticipating to open on Tuesday, April 6th. The shelves are stocked and the owner is very accommodating.
Council Member Jolley reported that the newspaper mentioned Theresa Putnam having authored a new book.
Council Member McDonald inquired if the Council are to go through Mayor Hart if they wish to speak and Mayor Hart indicated the Council has been casual about that but that is how it should be done.
Council Member Elwell - no report.
The City is taking full advantage of the Community Education Channel. One of the segments involved the Sculptor Ed Hlavka and the other involved Robin and Aggie with the Animal Shelter and Linda and Tracy from the Red Mountain Spa regarding the Pound Puppy Gala. There will be a meeting next Thursday, April 8th at 7:00 p.m. at Red Mountain Elementary with the residents of the old township to discuss the improvements and the funding for the improvements. There are a number of outstanding people helping get the Fitness Festival ready. Linda Elwell is helping put a tri-fold together for the Princesses to pass out at the festival. On the front cover of the tri-fold is a beautiful photo of the roundabout with the horse statues.
| C. |
City Manager, Judy Gubler |
Judy Gubler reminded the Council that there is a power outage scheduled for Sunday, April 11th and that information was contained in the newsletter. The Planning Commission has invited the City Council to attend a field trip on Tuesday, May 4th to look at the lot variations between projects and homes. Judy referred to her performance evaluation and indicated she has waited for the required ninety (90) days after a new Mayor and Council are seated before a performance evaluation of the City Manager is done. She is not clear what the Council would like to do. Judy handed out a recommended format for the evaluation to the City Council and provided background on how the evaluations are done. A copy of the format for the Performance Evaluation is available by request through Ivins City Hall. Judy Gubler inquired how the City Council would like to proceed and indicated the previous City Council directed the Mayor to conduct the Performance Evaluation. Judy requested that if the City Council determines they would like to evaluate her as a whole, that they do it without further delay and requested that she be given an opportunity to review and respond to the evaluation. Council Member Rusick inquired as to what review and response options the City employees have. Judy Gubler indicated the employee discusses the evaluation with the Manager and it is ultimately the Manager’s responsibility to assess the employee. Council Member Rusick inquired if there is something similar to a grievance option in the Employee Handbook. Judy Gubler indicated there is an Appeal procedure. Mayor Hart indicated that for the last few years the City Council has not conducted one of these reviews and he would hope that this City Council would conduct the review. Mayor Hart recommended that each of the City Council members take the information provided by Judy Gubler home and consider the questions and then schedule a closed meeting to discuss further. He would suggest that as a Mayor and Council they put together a comprehensive review and bring out any concerns that may exist that have not been brought forward in the past and then at a subsequent time they meet with Judy Gubler and present that information to her and give her one (1) week to respond. Mayor Hart feels that is the right and fair thing to do. The Mayor and City Council determined the closed meeting will be on April 15, 2010. Dale Coulam will provide the Appeal procedure information to the City Council for their review.
| D. |
City Attorney, Dale Coulam |
No report.
| E. |
Items to be placed on future agendas |