All present included Mayor Hart, Council Member Elwell, Council Member McDonald, Council Member Jolley, Council Member Roberts, and Council Member Rusick.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Director of Finance Alan Rae, Parks and Recreation Director Benny Sorensen, Interim Fire Chief Jon Ward, and City Recorder Kari D. Jimenez.
EXCUSED: None.Audience: Tom Pruden, Jocelyn Bozarth, Britney Kinghorn, Angelo DiSante, Marie Hansen, Jerry S., Jon Ward, Jessika Talbot, McKensy Madsen, Lance Anderson and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute Council Member Roberts led the Flag Salute.
C. Invocation Council Member Roberts gave the Invocation.
D. Disclosures The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting’s agenda.
A. Department Reports: Parks and Recreation and Public Safety Benny Sorensen reported that baseball will be starting next week his department is spraying for weeds and the Fitness Festival turned out really well. Benny thanked all of the volunteers and sponsors involved with the Fitness Festival. Mayor Hart thanked and recognized a number of individuals that helped with and contributed to the Ivins Fitness Festival, those being Scott Raine (Chair of the Ivins Fitness Festival Committee), Marie Hansen, Tim and Shelley Bryant, Cherie Stoddard, Joan Marticlayton, Linda Elwell, Kayleen Potter, Dana Raine, Renee Jarvis (Biggest Loser Resort at Fitness Ridge), Tracy Welch (Red Mountain Resort and Spa), Rev. Jerry Stone, Larae (Planet 94.1, Canyon Media), Tuacahn, Kevin Warnick, Becky (Snow Canyon Clinic), Coyote Gulch, Robert Ence (Ence Electric), Ivins Public Safety Department, Parks and Recreation Department, Public Works Department and the Administrative Department. Scott Raine indicated he was appointed the Chairperson three (3)months ago and it was gratifying to see the number of people willing to help and get involved with the Festival. It was great to see everyone working together with the City and putting together an unbelievable event. The estimated attendance numbers were between thirty-seven hundred (3700) to forty-two hundred (4200) people. The St. George Area Convention & Tourism Office indicated the Ironman organization was amazed with Ivins. Rev. Jerry Stone with a small healing church in St George indicated the church marketed a product called Wintercrest for fund raising purposes and stated that Ivins did a fantastic job with the Fitness Festival.Interim Fire Chief Jon Ward reported on behalf of Chief Bob Flowers and reported that the Drug Task Force Team served a warrant and two (2) arrests were made. The Ironman Staff were extremely happy with the traffic control in Ivins. Every Ivins Officer worked at least twelve (12) hours on the day of the Ironman competition. The Ivins Public Safety Department recently received a grant that is funded through the State of Utah to enforce seatbelt violations. The Department held its first board meeting for the animal shelter regarding a vicious animal and the owner is appealing the decision. The Department is continuing to request grant money for training and is in the middle of completing data and the process for an ISO which is an insurance rating for the community. The last time the rating process occurred in Ivins was fourteen (14) years ago.
B. Planning Commission Report Chairman Mehr was not in attendance but submitted a written report to the City Council prior to the meeting. A copy of the report is available by request through Ivins City Hall.
Alan Rae indicated the purpose of the Public Hearing is to obtain public comment on the bond that is for improvements in the Ivins Old Township; the City Council previously approved a parameters Resolution. Mayor Hart opened the Public Hearing. Tom Pruden spoke. He lives in the Old Township at 370 N. 100 E. and is confused about who pays for what. He requested the public have time to review all of the issues associated with project before making a decision. Mayor Hart indicated it is the City’s intention to hold another meeting with the residents of the Old Township to go over the details. Lance Anderson spoke. He resides in Kayenta and would like to know what Ivins’ responsibilities are with this project and where the money is coming from. He requested that the whole community be invited to the meetings if the improvements affect the whole City. Mayor Hart indicated this project is being addressed as a storm water project due to the curb and gutter being a planned mechanism for the Old Township. The City should participate in the overall project for the Storm Water Management Plan and the EPA (Environmental Protection Agency) requires the City to continue to make progress. This project came forward because of the unique bid environment opportunity and the residents of the Old Township are being asked to accomplish a major portion of the improvements in that area. Lance Anderson referred to the Transportation Master Plan, Capital Facilities Plan and improvements around roads and indicated it shouldn’t be the burden of the property owners around the roads to make the improvements but that it should be the burden of the community. Jim Craig spoke. He resides in Kayenta and reiterated what Lance Anderson stated. He would encourage the City to explain what the costs are for the City and the community. Mayor Hart indicated the details will be published so that everyone is aware of and understands the project and that information will likely be contained in the City newsletter. There being no further comments, Mayor Hart closed the Public Hearing.
There was one Citizen Comment submitted by Phil Moulton but Mr. Moulton was not present.
A. Review and Discuss Initial Draft of Ordinance No. 2010-09, an Ordinance of Ivins City Utah Regarding Business Licenses and Mobile Catering Dale Coulam indicated the draft ordinance reflects a change in the general business license portion and includes a chapter that addresses the licensing process for mobile catering. Council Member Elwell referred to page 6 Section 5.11.103 and requested clarification as it relates to the sentence "No residential solicitation allowed under this process." Dale Coulam indicated the caterer would need a different permit to solicit door to door. Each caterer will be required to be registered and only registered caterers are allowed inside the mobile catering vehicle. It would be illegal to invite someone into the enclosed environment of the mobile catering vehicle. The registration process includes a background check for each mobile caterer. Council Member Roberts inquired if the City can restrict the mobile caterers to residential streets only and if the City can require a food handler's permit. Dale Coulam indicated the City can restrict the mobile caterers to residential streets and he will look into the food handler's permit. Council Member Rusick was concerned that the ordinance is too restrictive for an ice cream truck and inquired why the City does not require background checks for other businesses. Dale Coulam said that with a store, the child is leaving the neighborhood and going to a commercial enterprise whereas mobile caterers are going into the neighborhood. Council Member Elwell indicated the Courts have identified the differences of a fixed location and a mobile unit and he would prefer to see the scrutiny for any mobile entity. Council Member Rusick stated that explanation made sense. Council Member Rusick inquired about the section entitled "Responsible Person or Entity" on page 5. Dale Coulam indicated that paragraph is a carryover from the residential solicitation requirement and suggested it be re-worded. Council Member Jolley stated his initial reaction was similar to Council Member Rusick’s but then he looked at it from a parent's standpoint and is appreciative of the requirements. Council Member Roberts indicated the City initially was not going to allow mobile catering and sees this as an opportunity. Mayor Hart stated there are sections in the ordinance that are lengthy and repetitive and would like to see something stated once and then referenced throughout the document. Council Member Rusick requested the ordinance come back to the City Council with changes and modifications. Dale Coulam indicated he will make changes and bring it back to the City Council for their review.
B. Presentation of Tentative Budgets for Fiscal Year Ending 06/30/2011 and Estimate to Complete Budgets for the Fiscal Year Ending 06/30/2010
1. General Fund
2. Debt Service Fund
3. Special Revenue Funds
a. Public Safety
b. Streets
c. Parks
d. Habitat
e. Storm Drain
4. Capital Projects Fund
5. Water Fund
6. Sewer Fund
7. Storm Drain Fund
8. Perpetual Care Fund
9. Economic Development Agency Fund
10.Mu nicipal Building Authority Fund Judy Gubler referred to a PowerPoint presentation and a Tentative Budget document. Revenue has been reduced for fiscal years ending 2010 and 2011. Salaries for the second year have been frozen and benefits have been capped. The City is continuing to operate with reduced staffing levels and all employees are doing more with less and doing so with dedication and appreciation. Judy recognized the work Alan Rae has done on the budget and indicated his expertise is invaluable. Council Member Rusick referred to the Public Safety section and noted that the Ivins City Animal Control portion indicates the total amount excludes salaries but in actuality the salaries are included. Judy Gubler agreed and indicated that once the budget is approved it will be available on the website and at City Hall.
C. Discuss and Review the City Manager’s Employment Status Council Member Elwell suggested this agenda item be an automatic agenda item for the purposes of making public the basic results of the evaluation process. Mayor Hart stated having it on the agenda is a strong statement to make whether it is on the agenda automatically or not and does not favor that idea. Judy Gubler stated that when she returned from vacation she was shocked to see the agenda item and it has resulted in a number of phone calls. It created unrest, a lot of questions and a lot of time to answer those questions. She has never seen this as an agenda item on any City Council agenda unless the intent is to terminate the City Manager’s employment. Mayor Hart stated the City Manager works at the will of the Council and the Council can terminate the City Managers contract at any time and thinks having the City Manager’s review on the agenda annually is unnecessary, misleading and irrelevant and suggested concluding item C in a Closed Meeting and then placing this item on a future agenda if needed. The Mayor and City Council also had a discussion with the City Attorney regarding procedural due process requirements. Dale Coulam indicated the Closed Meeting would be to conclude the performance evaluation. Any other action would have to come at a later time.
MOTION: moved to
SECOND:
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
A. Approval of Proclamation "National Public Works Week"
B. Approval of Meeting Minutes for April 15, 2010
MOTION: Council Member McDonald moved to approve Consent Agenda items A & B
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
| 7) | CONSENT AGENDA ITEMS FOR DISCUSSION |
| 8) | REPORTS |
A. Council Council Member Rusick - no report but commended everyone involved at the Fitness Festival
Council Member Roberts - no report
Council Member Jolley - no report but expressed gratitude relating to the Fitness Festival
Council Member McDonald - no report
Council Member Elwell - no report but congratulated Council Member Jolley for finishing second in the 10k run
B. Mayor Mayor Hart reported that he attended a Meeting of the Mayors where there was a presentation by a group that teaches the constitution and a request was made for cities to sponsor the course in their City. Mayor Hart will obtain more information.
C. City Manager, Judy Gubler Judy Gubler reported that information relating to the naming of 200 East and the transportation survey is being compiled and will be provided to the Council at the next City Council meeting. There will also be a ten (10) minute presentation on the next City Council agenda regarding the ADA (Americans with Disabilities Act).
D. City Attorney, Dale Coulam Dale Coulam reported the City is obtaining information for the employees' benefits and antipates providing that to the City Council at the next City Council meeting or at the first meeting in June. The initial premium estimate shows an increase of approximately ten percent (10%); however, most cities that are still with PEHP are seeing an increase of at least twenty percent (20%).
E. Items to be placed on future agendas Council Member Roberts would like individuals to be appointed to the Fitness Festival Committees and sub-committees now so they have time to prepare for next years Fitness Festival.
A. Personnel
1. By motion and upon two-thirds vote of the council members in attendance at the meeting, the City Council may adjourn into a closed meeting to discuss the character, professional competence or physical or mental health of an individual pursuant to Utah Code Section 52-4-205(1)(a)
MOTION: Council Member Rusick moved close the regular City Council and go to a Closed Meeting to discuss the character, professional competence or physical or mental health of an individual pursuant to Utah Code Section 52-4-205(1)(a)
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
| 10) | ADJOURNMENT |
The meeting adjourned at 8:20 p.m.
Respectfully,
Kari D. Jimenez
Ivins City Recorder