All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Jolley,
Council Member Roberts,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Judy Gubler,
City Attorney Dale Coulam,
Public Works Director Dave Glenn,
City Engineer Charles Gillette,
Director of Finance Alan Rae,
and
Chairman Dennis Mehr.
EXCUSED:
Council Member Rusick
Audience: George Stoddard, Angelo DiSante, Pete and Susanne Kuhlmann, Bill Boam, Annette Een, Lance Anderson, Jason and Katrina James, Cheri Steele, Heidi Neel and others who did not sign in.
Mayor Hart indicated Council Member Rusick is excused and Council Member Elwell will be in attendance later in the meeting.
Council Member McDonald led the Flag Salute
Council Member McDonald gave the Invocation
Council Member Jolley and Council Member Roberts disclosed they are residents of the historic township that will be discussed under item 5)G. The Mayor and other City Council Members that were present stated they had no conflicts of interest with items on this meeting’s agenda.
Dave Glenn introduced Justin Lefevre as the newest Public Works employee. He is replacing a Public Works employee that moved from the area.
Mayor Hart presented the Ivins City Volunteer Fire Department and Pete Kuhlmann with the Mayor's Award for Community Service. Pete Kuhlmann recently retired as the Ivins City Fire Chief. He worked as a part-time volunteer Fire Chief from 1993 to 2003 and then worked full-time as Ivins Fire Chief from 2003 until 2010 and is credited with starting the ambulance service in Ivins. The Mayor and City Council thanked the individuals on the Volunteer Fire Department and Pete Kuhlmann for their community service. Pete Kuhlmann came forward and spoke and indicated the credit should be shared with others and stated that leaders are only as good as the people who serve with them. He indicated the Ivins City Fire Department is the best volunteer Fire Department in the State of Utah and they appreciate the recognition.
Judy Gubler indicated there is no report from the Building Department as Kevin Rudd is excused.
Dave Glenn reported his department is crack sealing throughout the City, repairing various sidewalks and cleaning up the street after the past weekends rain storm. He reported that Puerto Drive will remain closed from the Ivins border to Santa Clara until Santa Clara installs the sidewalks along that road. He indicated Santa Clara is waiting for the State of Utah to fund that project. Council Member Roberts inquired how much of the cleanup was in the old township and Dave Glenn indicated the roads from Main Street and south of Main Street were hit hard as a result of the rain storm.
Chuck Gillette reported he is continuing to work on the APWA (American Public Works Association) standard specifications and anticipates presenting those to the City Council the first or second meeting in July. The City is working closely with the design company on the design work for the historic township and the design is eighty percent (80%) complete.
Council Member Elwell arrived at 5:50 p.m.
Chairman Mehr reported the Planning Commission recommended approval on a preliminary plan for a subdivision overlay for Villas at Bellagio. They also discussed grading and elevation of lots and Kevin Rudd and Dale Coulam are preparing a draft ordinance regarding grading and elevation of lots for the Planning Commission to review.
Dale Coulam referred to the business license process having recently been changed but noted that the business license chapter regarding a taxi service has not been updated since 1998. Council Member Elwell indicated his overall concern is having a business that should be in a business district located in a residential area. He does not have a problem with one vehicle but takes issue with a large taxi business being run in a residential area regardless of the size of the lot. He is in favor of a taxi service business following the same criteria and restrictions of a Home Occupation Business. The other Council Members agreed and it was the consensus of the Council that two (2) vehicles would be allowed at the primary business with no employees at the primary business, additional vehicles could be parked at the employee's home and third party advertising on the taxis would be allowed. Dale Coulam will prepare a draft ordinance and bring it back to the City Council for consideration.
| 9. |
Economic Development Agency Fund |
| 10.Mu |
nicipal Building Authority |
Judy Gubler indicated there have been a few changes to the budget and referred to the budget document and information on the Ivins Fitness Festival. A copy of documents are available by request through Ivins City Hall. The City previously held the Public Hearing and the budgets are now ready for adoption. There has been a request by Art Around the Corner, a 501(c)(3) non-profit organization to include Ivins City in displaying the sculptures. There are approximately 20 sculptures in various locations in St. George. The cost is three thousand dollars ($3000.00) and would need to be offset by a grant or sponsorship.
MOTION: Council Member Roberts moved to adopt the Estimate to Complete Budgets for the Fiscal Year Ending 06/30/2010
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 |
ABSENT |
MOTION: Council Member McDonald moved to approve Resolution No. 2010-14R, a Resolution of Ivins City, Utah Adopting the Final Budgets for the Fiscal Year Ending June 30, 2011
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 |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Judy Gubler referred to information provided by Washington County regarding the tax rate. The tax rate is a mathematical calculation where the revenue received the previous year is divided by the property valuation. When property valuations increase the tax rate decreases and when property valuations decrease the tax rate increases. The revenue the City and County collects is the same as last year. Council Member Roberts inquired if his taxes are going to increase if the City adopts this Resolution and Judy Gubler indicated it depends on what the County Assessment is of his property and that Ivins City does not control that assessment. Mayor Hart stated the amount of tax that any resident is going to pay should be roughly the same as last year. It may be slightly higher or lower depending on what happened to the value of the land more than the value of the home. Judy Gubler indicated that was correct and that valuations are affected by a number of things including foreclosures in the area. Alan Rae indicated that in 2005 Ivins held a Truth in Taxation hearing. When a Truth in Taxation hearing is held the City does not set the tax rate but rather the City sets the amount of tax to be collected. The rate that is set changes based on the current year assessed valuation. The 19.9 mill levy is the rate that is established by what the City has already done by setting the amount of tax to be collected. The City can either accept what it has approved or the City would need to hold a Truth in Taxation hearing to change the tax rate. Mayor Hart stated that the City is not asking the residents to pay more taxes for revenue. Dale Coulam stated the tax rate structure is state wide. There is an appeal process where an individual can ask for consideration for their particular property and that process is handled through the County Assessor’s office.
Council Member Roberts referred to the economic times and indicated the City should look at cutting taxes and indicated he does not want to see tax increases. Mayor Hart stated if the City were to cut taxes it would require an adjustment to the budget to reduce the property tax revenue. Council Member McDonald indicated the City needs a certain amount of tax revenue in order to operate. The City is currently operating on a very tight budget with a very efficient staff. He would like to see tax cuts as well but does not see how the City can cut taxes and maintain quality. Council Member Jolley would also like to cut taxes but inquired of Council Member Roberts if he had any specific suggestions as where to cut expenses. Council Member Roberts referred to Judy Gubler and inquired if the Council gave her a mandate to cut the tax revenue budget by 2.5% where would she make the cut. Judy Gubler stated the logical process would be to cut in every department but that is not how she would do it. She would work with every department head to make that determination. The objective is to provide the same quality services the City provides to its residents today but with less. The City has already held salaries, benefits, expenses and postponed increasing needs. Inflation this year is 3.8% and just holding even is a cut. Alan Rae indicated 2.5% of the overall budget is one hundred thousand dollars ($100,000.00) and 2.5% of the property tax revenue is twenty-five thousand dollars ($25,000.00) which is approximately eight dollars ($8.00) per household. Mayor Hart stated City Staff is stretched to the limit and doing multiple jobs. If the Council wants to make cuts the only fair thing would be for the City to cut out the spring and fall festivals. Council Member Elwell has watched over the years as the City has grown and watched the City Manager struggle to keep a lid on expenditures and she has done an exceptional job with that. When the economy worsened, Ivins City was in a better position than anyone and not because the City had a surplus, but because of the way things had been managed. The existing and remaining employees are doing more with their same salary. He is very apprehensive about trying to cut even further, recognizing that the City employees are doing so much more than they were in the past and without increases. Council Member Jolley agreed and indicated he spoke with an individual at St. George City regarding St. George making cuts to positions and services. That is something Ivins has not had to do thanks to the way the City has been managed. He would not welcome a cut at the expense of an individual's job, stretching the skeletal staff even further or eliminating services that Ivins has. Council Member McDonald understands the desire to cut taxes but not to that extreme and stated a minor cut would not be beneficial. Council Member Roberts indicated he wanted to ensure the City has done everything it can to keep the budget conservative and it appears that it has.
MOTION: Council Member Jolley moved to approve Resolution No. 2010-16R, a Resolution of Ivins City, Utah, Approving the Certified Property Tax Rate for the Calendar Year 2010 and for the Fiscal Year Ending June 30, 2011
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 |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
Chuck Gillette indicated this is an annual report. The State does not require it to be submitted each year but they recommend it and it raises the municipality’s priority in receiving future funding for sewer projects. Council Member McDonald inquired what the acronym "DRC" stands for and if a score of zero is positive. Chuck Gillette stated the acronym means "Directly Responsible Charge" and the lower the score, the better.
MOTION: Council Member McDonald moved to approve Resolution No. 2010-15R, a Resolution of Ivins City, Utah, Adopting the Municipal Wastewater Planning Program
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 |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Chuck Gillette indicated the City detected standing water in the sewer line after a routine review of video footage of the City’s sewer system. The City’s contractor made a mistake and it appears the contractor was deliberate in their actions. The error could not have occurred by chance and the City has demanded reimbursement for this expense. Judy Gubler stated the emergency aspect of this is that the City could not leave the trench open. Council Member Roberts inquired what the process is for inspections, who does the inspections and why the error for the storm drain was not caught earlier. Chuck Gillette indicated if the contractor had let the City know about the error the City could have addressed it then. The inspector was a City inspector and the inspection could have been better on this project. Judy Gubler stated that while the error was missed and should have not been missed the error was caught by diligent work by Dave Glenn and Chuck Gillette. She assured the Council that the City has taken this situation very seriously.
MOTION: Council Member Jolley moved to approve an Emergency Expenditure not to exceed $38,000 for Contract No. 10-03 for the Repair of a Sewer Line on 100 West Street near 400 South
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 |
ABSENT |
Judy Gubler indicated the City has held two (2) informal informational meetings with a number of residents and residents in the historic township have spoken with the City individually regarding the SAA (Special Assessment Area) project. At this point City staff is requesting input from the Council regarding whether or not to proceed with the formal process to hear from the residents so the City knows the actual percentage of support or non-support. The formal process is to send a notice that contains the amount of the assessment, the property to be assessed, method of assessment, the date of the Public Hearing and information on how to protest the SAA. There is a four (4) week notice requirement that is published. The City can then move forward only if there are fifty-one percent (51%) of the property owners that have not protested the SAA. It is important and the City has tried to emphasize that property owners must take pro-active action to protest. Doing nothing indicates approval. Whether or not the City moves forward with the SAA project should be based on the formal input of the affected residents. Mayor Hart stated it is important to remember that this process began because some residents in the historic township approached the City Council concerned with flooding and safety in that area. This is an effort to help the historic township residents address those concerns.
The Mayor and City Council discussed this issue at length. Council Member Elwell was in attendance at both of the informal meetings and what may have been safe yesterday is no longer safe today. The Council’s primary concern is the health, safety and welfare of the residents and the City. The only way to find out how the residents feel about the SAA is to move forward with the formal process. Council Member McDonald indicated moving forward is good for the residents so they can tell the City what they want. Safety is an issue for the children who walk to school. If the residents do not move forward at this time they may be looking at the EPA requiring the improvements in five to ten years (5-10) when the cost may be ten (10) times what is being proposed but it is the residents’ decision whether or not to proceed with the SAA now. He would hope that if residents are angry that they can express their feelings respectfully to the City and communication can be fair on both sides. Council Member Jolley is in favor of moving forward with the formal process but would like to look at creative alternatives and other options to concrete curb and gutter and suggested a citizen’s advisory committee to brainstorm and see what the cost differential would be. He referred to the Public Hearing and the potential for that hearing to be volatile and inquired if it is appropriate to limit the number of speakers at the Public Hearing and for proponents and opponents to designate a spokesperson. Dale Coulam stated it is the Mayor’s prerogative as to how the meeting is conducted. Groups have been asked in the past to designate a spokesperson listen to the comments and to not repeat them. That has to be balanced with individuals having the right to speak their minds and take a position on this issue but there needs to be decorum and they need to be respectful. He would hope in this situation, where it involves neighbors and friends in the historic township, that there would be respect for each other even if they take opposing positions. Council Member Roberts inquired if it would be possible for the City to create a hardship fund for individuals who have a legitimate hardship. Judy Gubler indicated she would need to look into that. The City may be able to work through the Five County Association of Governments programs but the City cannot say that it may be able to assist with the cost of the assessment because that could potentially sway a residents vote. The residents' need to determine first if they want the SAA improvements. Council Member Roberts wanted to reject on the record that it is not the City Manager that brought the SAA project forward but that it was concerned residents that brought it forward. The City should proceed with the formal process to find out who is really for and against the SAA project. He stated that the assessment is the fairest assessment he has seen. Mayor Hart wanted to dispel the notion that if the SAA project does not materialize that the City will do the project anyway. That is not the intent of the City and if the Council is told by the residents that the SAA project is not wanted, the City will not do the project. Regarding the advisory committee, from a cost standpoint there are not a lot of cost differences.
Judy Gubler indicated she is concerned with providing options to the residents that have not been approved in the Transportation Master Plan. Dale Coulam stated his concern is deviating from the notice after individuals have protested or not protested the project. The notice has to state what the improvements are and the City cannot legally depart from the Transportation Master Plan. If the Council would like to propose something other than what is in the Transportation Master Plan it would require Public Hearings before the Planning Commission and City Council. Regarding options to assist individuals with paying for a portion of their assessment, the City needs to be careful that people do not rely upon any comments that might be made that the City would be willing to look at options to consider ways to assist with the assessment. The residents decision of whether or not to protest the SAA has to be made on the notice itself. The City needs to be cautious about discussing the options to assist with hardships because the City does not want the residents to rely on something that may never materialize. The Mayor and City Council agreed to proceed with the formal Special Assessment Area process for the historic township improvements. Included in the formal notice is the method of assessment which is a combination of the frontage and square foot area. Improvements to be included are curb per the Transportation Master Plan and modified where possible, gutter, paving, straight sidewalks on both sides next to the curb or with park strip per the Transportation Master Plan and the Public Hearing will be held on August 5, 2010 or as soon thereafter as possible.
MOTION: Council Member Jolley moved to approve proceeding with the formal Special Assessment Area process for the historic township improvements. To be included in the formal notice: method of assessment, combination of frontage and area; improvements to be included: curb per the Transportation Master Plan, modified where possible, gutter, paving, straight sidewalks on both sides next to the curb or with park strip per the Transportation Master Plan, with a Public Hearing date of August 5th or as soon thereafter.
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 |
ABSENT |
Mayor Hart indicated the City does not have established criteria or parameters to consider adopting a Resolution similar to the next agenda item and stated the following: The Mayor and City Council are elected non-partisan and not representing any particular political party or political point of view. The Mayor and Council are elected to do the business of the City exclusively and are limited in the scope by the State of Utah. The Council needs to be very careful that what the City is doing is pertinent to City business. To the extent that the Council ventures off into areas of which the City has no responsibility or control, he questions the wisdom in that. If the City makes a declaration on behalf of the City, the City needs to be careful about a statement that the City makes because that statement is reflective of the overwhelming majority opinion of the City and if the City is going to make a statement on behalf of the City, the Council needs to be careful that it is not creating an offensive comment publicly for those who may be in opposition to that comment. He is also concerned about venturing into areas that are either State or Federal areas of responsibility. The City needs to be careful as to the image that the Council creates for the City because the City is making an effort to attract particular types of business and unnecessary controversy is counterproductive. The City also relies on some Federal assistance and the Council needs to be careful to consider whose toes the City is stepping on in some kind of statement that the City might make. Mayor Hart referred to the Coal Fired Plant in Nevada. In that instance the City was approached by the other cities in the region and asked to join in a resolution in protest of that plant because the impact was going to be dramatic on the air quality in Southern Utah. The City held a Public Hearing and people were invited to express their opinions and the Resolution was then passed. Council Member Elwell would like to debate this but preferred that the Council wait to discuss this issue until the City has a full council panel. Council Member Roberts stated the parameters are already set. No conditions are necessary. The Council Members vote AYE or NAY and those are the conditions. The Mayor and Council’s responsibility is for health, welfare and safety and the City has already set precedence with the following Resolutions: 2009-08R Encouraging the Utah State Legislature Regarding the Gas Tax; 2009-09R Encouraging the Utah State Legislature to Oppose House Bill 259; Land Use Resolution Opposing Senate Bill 170 along with the Toquop Resolution. He is in favor of tabling this item until the Council has a full panel.
MOTION: Council Member Elwell moved to table item H the establishment of Parameters and Procedures for Creating Council Resolution Statements until there is a full City Council body
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 |
ABSENT |
MOTION: Council Member Roberts moved to table item 5)I until the City Council establishes parameters or until the City Council has an opportunity to discuss that
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 |
ABSENT |
Council Member Roberts - no report
Council Member Jolley referred to seeing a senior citizen minibus in the area on a daily basis and inquired if there is a possibility of expanding that service to the disabled. Judy Gubler will look into it and report back to the Council.
Council Member McDonald - no report
Council Member Elwell - no report
Mayor Hart reported that he had an opportunity to talk about Ivins at a breakfast meeting at the Exchange Club. The City has received a contract for the energy improvements and solar generating equipment that will be placed on the shade structure at the public works building. The City has applied for a grant on behalf of the City’s Economic Development Committee in the amount of fifty thousand dollars ($50,000.00) through the USDA to hire professional analysts to analyze the City and make recommendations on marketing and appropriate industry.
| C. |
City Manager, Judy Gubler |
Judy Gubler reported the City will be meeting with Tuacahn tomorrow to see what their transportation needs are. Judy thanked Mayor Hart for loaning a couple of laptops to the Council for this use and thanked Alan Rae for his expertise and overall understanding of the budget. The Council will need to hold a Closed Meeting as a follow-up to the previous Closed Meeting to discuss real property. Council Member McDonald inquired as to the $5 million dollars awarded to Ivins that was reported in the paper. Judy Gubler indicated those are the Build America Bonds. It is incentive monies that are available to reduce an interest rate. The City has to secure funding through the bonds which would provide the best interest rate available. It is not a grant and the City has to secure funding and then the monies can be used to lower the interest rate which would give the residents in the historic township and the residents as a whole the best interest rate available on the bonding. The interest rate is approximately just under four percent (4%).
| D. |
City Attorney, Dale Coulam |
Dale Coulam indicated that at the previous City Council meeting Council Member Elwell inquired about Senate Bill 198. That was an Economic Development incentive amendment. Under the prior law private business entities could receive tax credits if the business located within certain project zones and areas. The law now expands that credit to cities allowing cities to receive a tax credit based upon new incremental jobs and new incremental sales tax for new commercial projects coming into the City.
| E. |
Items to be placed on future agendas - None |