Copy of the City of Ivins record for City Council, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
City Council
IVINS
CITY COUNCIL
MINUTES
July 7, 2011

1) WELCOME AND CALL TO ORDER
MAYOR AND COUNCIL:  The meeting was called to order at 5:30 p.m. and announced there was a quorum present.
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, Deputy City Recorder Terri Fabio, Parks and Recreation Director Benny Sorensen, and Public Safety Director Bob Flowers.
EXCUSED:   Council Member Rusick
Audience: Linda Elwell, TJ Maserang, Angelo DiSante, Kay Jacobson, Todd Miller, Scout Troop #1816, George & Cherie Stoddard, Lance Anderson, Carlos Robles, Jon, Michelle & Shaydon Gates, Jack Reber, Cathi Iacovetto, Terri Marten, Tim & Lisa Maserang, Marc Mortensen and others who did not sign in.
A. Acknowledgement of Quorum
Mayor Hart acknowledged there was a quorum present and indicated Council Member Rusick was excused.
B. Flag Salute
Council Member Roberts led the Flag Salute
C. Invocation
Council Member Roberts gave the Invocation
D. Disclosures
There were no disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Recognition of Terri Fabio’s re-designation as a Certified Municipal Clerk (CMC)
Judy Gubler stated Terri Fabio served as Ivins Municipal Clerk and was a Certified Municipal Clerk (CMC) for five (5) years.  She has served in various capacities within the City and has recently been re-certified as a Certified Municipal Clerk (CMC) to act in the capacity.  Mayor Hart presented Terri with a framed Certified Municipal Clerk certification.  Ivins City is the only City currently in Washington County that has three (3) Certified Municipal Clerks (CMC’s) working for the City.  Terri thanked the Mayor and City Council.
B. Appointment of Jack Reber as Pioneer Day Celebration Parade Grand Marshal

MOTION: Council Member Jolley moved to table agenda items 2)B and 5)A as to such time as Mr. Reber can join the Council at a City Council meeting
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

C. Mayor’s Award for Community Service to Linda Elwell
Mayor Hart indicated his selection this year for this award for Community Service is Linda Elwell.  Linda has served three (3) Ivins City Mayors and is awarded the 2011 Mayor’s Award for Community Service in appreciation for many years of dedicated service to Ivins City and for demonstrating through her passionate support and tireless efforts to make local causes and events successful the importance of citizen involvement in City government and the benefits that come as a result.  Mayor Hart read Resolution No. 2011-16R and presented Linda Elwell with the framed Resolution.  A copy of the Resolution is available by request through Ivins City Hall.
Mayor Hart welcomed the Scouts and their leader in the audience.
D. City of St. George’s 150th Birthday Celebration - Marc Mortensen

MOTION: Council Member Jolley moved suspend the rules and move agenda item 2)D to a later point on the agenda when Mr. Mortensen arrives 
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

E. Department Reports: Parks and Recreation and Public Safety
Benny Sorensen reported the Parks Department is continuing to maintain the parks and landscape areas.  He referred to the splash pad and indicated someone covered the drains with plastic that created a foot deep pool, which is a drowning hazard.  The improvements at the cemetery are coming along.  There were two (2) burials in June and two (2) scheduled tomorrow, July 8th.  The City is preparing for the Pioneer Day celebration that will be held on Saturday, July 23rd.  Registration for flag football is open and the City will be holding "Movies in the Park" every Friday night in August.  Mayor Hart indicated he had a resident attend a burial at Ivins cemetery recently and asked if there was a way to mask some of the public works material in that area.  Benny Sorensen stated once the improvements at the Cemetery are complete the material would be gone but he will work on screening that area with trees and the like.
D. City of St. George’s 150th Birthday Celebration - Marc Mortensen
Marc Mortensen and Carlos Robles with the City of St. George indicated the City of St. George is celebrating its 150th Birthday this year.  In celebration of the 150th anniversary of the original "Cotton Mission" and establishment of St. George, the City of St. George is organizing an eight (8) day, 100 mile wagon company expedition from Parowan to St. George, Utah October 7-15, 2011.  There will be approximately 50 covered wagons and 350 people traveling with the wagon company.  The final encampment will be on Friday, October 14 in Ivins on a piece of property that Ivins City owns on Center Street.  The City of St. George anticipates thousands of people enjoying the evening entertainment, food, dancing and performances.  They would also like the Ivins City residents, City Officials and Historians to participate.  They requested that the City Council approve an Encroachment and Special Event permit and indicated they will be working closely with the Ivins City and Ivins Public Safety Department.  Judy Gubler indicated the City would proceed with the permitting process after the City of St. George has submitted the paperwork.  Council Member Jolley suggested the Ivins Festival Committee work with the City of St. George to coordinate the event.  The Mayor and other Council Members agreed.
E. Department Reports: Parks and Recreation and Public Safety
Bob Flowers introduced two (2) individuals who performed outstanding Eagle Scout projects in Ivins City.  Shaydon Gates built a 4x4x8 shed at the Ivins Animal Shelter to fit between the building and the wall and painted it to match the building.  There were four (4) people that helped and it took approximately sixty (60) hours to complete.  TJ Maserang put together a historical marker for the Public Safety building, removed some bushes and landscaped in front of the Public Safety building.  He had several people assist him with the project.  Mayor Hart presented Shaydon and TJ each with a Certificate from Ivins City for their outstanding Eagle Scout projects.
Bob Flowers reported on EMS calls and law enforcement.  During the last sixteen (16) days, Monday through Friday from 6:00 a.m. to 6:00 p.m., there were nine (9) responses that required a police officer to get into the ambulance.  The response time from the fire station to the call was 3 1/2 minutes on average which is outstanding.  One issue he was watching was if there was another call that came in during the initial response time, how would that situation be handled.  When the City was out on those nine (9) calls, the City received a second call that required an officer to respond and that was covered by the Lieutenant and by one other officer.  There was no effect to the City at all.  The total time the Public Safety officers spent on the ambulance was 7.5 hours.  This has been working extremely well.  The Public Safety Department has scheduled the intermediate training for August.  Council Member Elwell indicted he had several questions but would address those questions under agenda item 5)C.  Bob Flowers reported the new fire apparatus truck is working well and may not need to be painted.  There were no major fireworks incidents over the July 4th holiday.  The City will be restricting fireworks in Kayenta and at Ivins Reservoir but will allow fireworks in other areas of the City as outlined by the State of Utah’s guidelines.  Council Member Roberts referred to the ambulance service in St. George changing to a private company and inquired if that will have any impact in the future for Ivins.  Bob Flowers stated there is a possibility for that.  It should be part of the City’s dialog and looked at.  He has made a proposal to the City Manager for the City to consider looking at and evaluating proposals that come in from other companies.  If the City can identify a leaner way to provide the service that would not affect the type of service given, its worth of discussing.
F. Planning Commission Report
There was no one present from the Planning Commission to provide a report.  Kevin Rudd reported that the Planning Commission approved a sign permit application submitted by Troy Dennett for an ice cream shop.  The Planning Commission continued to review commercial zoning and discussed rules of order and procedure.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
There were two (2) Citizen Comments submitted, one by Victoria Willard and the other by Terry Marten.  Neither citizen was present.  Council Member Elwell stated that Terry Marten spoke with him regarding the extent of the problems and concerns with the new fireworks regulations.  Kayenta has initiated their own controls and Terry Marten wanted the City to be aware of his concerns.  Judy Gubler stated she also spoke with Terry Marten and there has been communication with Chief Flowers regarding fireworks restrictions in Kayenta.  Regarding the comment by Victoria Willard, her issue was resolved prior to the City Council meeting.

4) PUBLIC HEARING AND ACTION ITEMS - NONE

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Resolution No. 2011-17R, a Resolution of Ivins City, Utah, Appointing Jack Reber as the 2011 Pioneer Day Parade Grand Marshal

MOTION: Council Member Elwell moved to reconsider the motion to table item 5)A
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


MOTION: Council Member McDonald moved to approve Resolution No. 2011-17R, a Resolution of Ivins City, Utah, Appointing Jack Reber as the 2011 Pioneer Day Parade Grand Marshal
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.
B. Discuss and consider approval of Resolution No. 2011-16R, a Resolution of Ivins City, Utah, Honoring Linda Elwell as the Recipient of the 2011 Mayor’s Award for Community 
Service

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 ABSENT

Roll call vote.  All Council Members that were present voted in favor.
C. Discuss Level of Service, emergency response and ground ambulance service review

MOTION: Council Member McDonald moved to table item 5)C until Chief Flowers is able to attend
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

D. Discuss and consider changes to Ordinance No. 2011-01 regarding maintenance of public right-of-way
Judy Gubler indicated that as the City looked at enforcement of this ordinance the City realized there are some issues that need to be considered prior to enforcement.  The ordinance requires property owners to maintain the unused right-of-way that abuts their property.  She referred to several photos, copies of which are available by request through Ivins City Hall.  Judy Gubler stated it makes sense for the property owners to maintain the right-of-way property but as the City looked at that, in an agricultural area or areas where the lots are vacant, it’s difficult to enforce the ordinance.  The primary issue in the right-of-way is weeds.  Judy inquired of the Council if they want to make a distinction in the ordinance for the agricultural users or not and should there be a distinction between a lot that is vacant versus a lot that has a structure on it.  It needs to be clear where the City is responsible for taking care of the right-of-way and where the property owner is responsible.  Kevin Rudd indicated part of the issue is the difficulty with Code Enforcement and telling the farmers that they need to maintain thousands of feet of weeds that are outside of their fence line, which could be a big burden on them.  Currently the City is spraying the weeds.  Council Member Roberts referred to the photos and inquired if the areas in the photos are zoned agricultural.  Kevin Rudd stated most of the areas are but there are some hay fields that are zoned residential.  Council Member Roberts referred to section 11.01.103 "Construction of Driveways" and it being unlawful for any person to construct a driveway across sidewalk and inquired with the modified curb improvements in the Historic Township, is a permit required to construct a driveway?  Chuck Gillette indicated that if it is in the right-of-way, a permit is required.  Council Member Roberts stated he is not for that.  He understands if there is going to be a curb cut but with the modified curb, it should be the right of the property owner to access their property and a permit shouldn’t be required.  Judy Gubler indicated the City isn’t making a distinction in the ordinance of properties that have a modified curb and those that don’t.  Section 11.01.103 is an existing requirement and is not new.  Council Member Elwell stated there needs to be some type of control with the modified curb to ensure the clear zone is not interrupted at the appropriate placing relative to side streets and number of accesses.  Some type of control is necessary for appropriate safety concerns.  Council Member Roberts referred to his neighbors’ properties where the neighbors’ are considering putting in a circular area and he doesn’t think a permit should be required for that.  He would defer to the rights of the citizen.  Kevin Rudd indicated it would be difficult to enforce permits.  It will require educating the public and he suggested putting something in the newsletter that requests the public contact city staff before pouring driveways to make sure the driveway will be in compliance with City Code.  Council Member Roberts suggested including the safety issue in the ordinance instead of requiring a permit and stating a driveway cannot be placed within so many feet of a corner.  Mayor Hart suggested referencing the zoning ordinance regarding the restrictions.  Regarding making a distinction with agricultural zones, Mayor Hart indicated the Council could look at the agricultural property and determine if the property is actively being used or not.  Council Member Jolley stated one of the major contributors of weeds growing is when the land is actively being used and the roads are being watered as much as the land.  He would like to see something in the ordinance that prohibits watering the right-of-way and streets outside of the farmer’s property.  Mayor Hart indicated that roads are damaged when water pools on and near the roads.

MOTION: Council Member Jolley moved to table the current discussion and address item 2)B on the agenda and recognize Mr. Reber and then come back to the current discussion
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

B. Appointment of Jack Reber as Pioneer Day Celebration Parade Grand Marshal
Mayor Hart read Resolution No. 2011-17R appointing Jack Reber as the 2011 Pioneer Day Parade Grand Marshal in appreciation for many years of dedicated service to Ivins City.  Mayor Hart referred to the Veterans Administration facility that will be constructed in Ivins later this year and indicated without Mr. Reber obtaining a donation of property from Kay Hardy Blood which will be used as the site of the Veterans Administration facility, the site for the Veterans facility would not be in Ivins.  Mayor Hart provided the framed Resolution to Mr. Reber.  Jack Reber stated in July 1982 he had the idea come to him to approach Mr. Blood regarding a donation of property to Ivins and Mr. Blood and his wife agreed.  Mr. Reber feels privileged to be present and relate the story and privileged to be the Grand Marshal.  He has loved the Ivins community his entire life.  He stated the City has a good Council, a good Manager and a wonderful Mayor.
D. Discuss and consider changes to Ordinance No. 2011-01 regarding maintenance of public right-of-way
Council Member McDonald would like a requirement in the ordinance that requires property owners to keep water and dirt off of the roads.  Dale Coulam suggested as an incentive, the City could say that if the property is actively being cultivated and water is shielded and kept off the right-of-way, the City will assume the maintenance but if not, the property owners will retain the duty to maintain the right-of-way.  The Mayor and City Council agreed.  Dale Coulam will draft the ordinance with the suggested changes and bring it back to the City Council for review.
Chief Flowers reported on the fire that he responded to earlier tonight.  There was a fast moving fire that burned up to the perimeter of six (6) homes in Kayenta.  The fire started just off of Highway 91 just north of the "Kayenta" entrance sign.  There was an apparatus on each home and the City was able to save those homes.  It was a serious fire and Chief Flowers indicated the residents of Kayenta are going to have to reconsider not being able to do fire prevention around their homes.  Chief Flowers and Chief Gildea are going to discuss the situation with Terry Marten and the Kayenta HOA (Home Owners Association).
C. Discuss Level of Service, emergency response and ground ambulance service review
Council Member Elwell referred to a Resolution and an Attendant Plan of Operation for Intermediate Ground Ambulance Services, copies of which were not provided to the City Recorder.  Council Member Elwell stated the ambulance transport service was presented to the City Council at the time as an opportunity to enhance service to Ivins citizens.  He doesn’t think it was ever put forth that the ambulance service would pay for itself or even make money.  The Council knew there was going to be a cost associated with it.  The level of service that has been offered was not offered as a maximum level of service, but as a minimum level of service.  He read the following from the Resolution, item 2 "The Ivins City Council has already approved a budget that fully supports the requested level of service, including the planned purchase of a second ambulance once an intermediate ground ambulance license is granted."  He recalls discussing the expansion of this service to the next level of transport.  We were there then, we aren’t there now and maybe that isn’t something that is achievable goal but it was what was offered to the City Council for the future, clearly indicating the City looked to expand as time went on.  Council Member Elwell read the following from the Plan of Operation, page 1 "It is anticipated that in addition to budgeted funds, funds generated by ground ambulance transport will be used to support and enhance the service."  There is a sentence that precedes that and it states "The Fire and Rescue Division of the Department is currently staffed by one EMT-P, 16 EMT-I’s and 17 EMT-B personnel.  With this staff, we are able to provide the required two (2) EMT’s 24 hours a day, seven (7) days a week, 24/7 with a backup pair of on call EMT’s to handle second call situations.  At least one member of each EMT pair will be an EMT-I, thereby meeting the required number of certified personnel."  He stated that what the City Council approved was that the coverage would be fire personnel and not police personnel.  Council Member Elwell read the following from the Plan of Operation, paragraph titled "A Minimum Number of Certified Personnel Required for Staffing"  "Ivins City Law Enforcement Officers are cross-trained as EMT’s and are also available to provide assistance as needed."  He stated that means in addition to and not in place of.  Council Member Elwell  wants the Council to apply that standard LOS (level of service) that the City Council approved when the City initially applied for the State license.  The information he just referred to is what was given to the State in order for the City to gain that service.  What the City is doing now, even though the Chief is making it work, is a cut back in service and is not the same level of service that the Council approved previously.  He stated you can’t serve two masters appropriately or robbing Peter to pay Paul and that is what’s happening here.  The City is robbing the police side of it to pay the fire side of it, the fire side that the City told the State of Utah that Ivins would provide that level of service if the State gave the City the license.  It is Council Member Elwell’s opinion that the City return to that level of service and if within that level of service the City is able to find some savings, that’s great but the City needs to refund the Fire/Rescue personnel to the degree that it was previously.  Council Member Elwell referred to the budgets.  In the 2007/2008 budget when Wade Carpenter was the Chief of Police and Pete Kuhlmann was the Fire Chief, the amount of money that was set aside was $242,176 which was strictly wages and stipend.  That did not include apparatus purchases.  In 2008/2009 budget, the amount budgeted for Fire and Rescue was $335,712 which was strictly wages.  There isn’t a break down for the 2009/2010 budget but if you look at the total budget you have to concur that the Fire and Rescue side of it was comparable to the $335,712 budgeted for 2008/2009.  In the 2010/2011 budget the Fire and Rescue budge was cut to $286,938.  The budget for Fire/Rescue in the estimate to complete was $334,938, which was close to the 2008/2009 budget.  A cut back from what was used in the 2008/2009 budget from $335,712 to the current $227,886 is inappropriate and if the City has to reduce the level of service to accomplish that then it is wrong that the level of service be reduced.  It is his opinion that at least $70,000 be put back into the Fire/Rescue budget and get to the level that the Council agreed to with the State of Utah, and that is having the Fire and Rescue personnel manning both of the rescue units 24/7.  The application to the State of Utah also indicates that the location of the apparatus would be the fire station.  He does not think it is appropriate to reduce the level of service to the minimum no matter how well Chief Gildea and Director Flowers are able to make it work.  Council Member Elwell stated that when you take a police officer out of the field, you have reduced the level of service on the police side.
Dale Coulam clarified the definition of level of service and indicated that there is a common phrase of level of service versus the State definition of level of service.  The State's definition of level of service is an intermediate level ground transport.  When Ivins was going through the licensing process, Ivins was arguing that the existing ambulance service had a better response time and therefore Ivins had a better level of service.  The State representative clarified that Ivins had the same level of service, that being intermediate ground transport.  The next level of service would be paramedic ground transport.  Judy Gubler indicated that she thought at the time the budget was approved that the Council agreed to give Chief Flowers some time to see how the current transport service is working.  The budget cut from $335,712 to the $286,938 was not for any reason other than Pete Kuhlmann was not employed for half of the year.  That is a reflection of half of a year without his salary.  The City had a number of employees that filled that gap.  The budget amount this year of $227,886 reflects a new way of doing it.  Even if $70,000 were to be put back into the budget that Council Member Elwell suggested, that still does not allow for 24/7 coverage year round for two (2) employees.  There is backfill from law enforcement and it has been from the beginning.  The City hasn’t had the level of service Council Member Elwell believes the City had.  There has always been backfill.  Pete Kuhlmann worked on the ambulance and in law enforcement.  He was Deputy Public Safety Director.  The Public Safety concept is at risk with this discussion.  Public Safety is a system that works in a small department in a smaller City.  The officers are professional officers and are cross-trained.  They are saving lives whether they get in the ambulance or not.  The Department Head is saying to the Council that the officers are responding and its working.  She has talked to the people that are getting in the ambulance and they are excited.  There is still some resistance on the fire side.  Since Chief Flowers has been working for Ivins, he has been talking to her about the Public Safety concept.  The new schedule is an effort to break down the lines between the Fire side and the Public Safety side.  There is only one individual in the Public Safety department that doesn’t cross over from Fire to Law Enforcement and that is Chief Gildea.  If the Council wants to go to the completely segregated service that Council Member Elwell was talking about, that needs to be looked at.  There has never been a budget number for that but it would be over $70,000.  Judy asked that the City continue on the path that the Council directed, which is give them some time to assess and talk to those that are doing the job.  The police officers are spending 7 1/2 hours total in 30 days on the ambulance and it gives them the opportunity to practice the skills.  Judy Gubler stated nobody on the EMS service is responding from home.  They are responding from the fire house or from nearby if they are the officer on duty.  In the evening the City is paying the part-time EMT’s to be in the fire house.
Council Member Elwell indicated he has never suggested to do away with the cross-training.  When you pull an on duty officer off the line to put him in the ambulance, you have diminished the level of service of police at that moment.  That officer is no longer available to answer calls, to investigate, preserve evidence or whatever it was that officer was doing.  If you happen to have a Lieutenant or Chief on duty, you might be able to handle the next call but it is still a reduction in service.  It was never presented to this Council before the current budget that there was a problem.  It wasn’t brought to the Council’s attention that the City was anticipating a change from the level of service that the Council approved.  He is offended that City Manager twisted his words by suggesting that he wanted to do away with and make these things separate.  He wants the on duty officer to be there, available to do that which he is trained to do, relative to law enforcement.  If that officer responds to a call and is the first one on scene, that’s why he is trained as an EMT to save that persons life.  Once the other EMT’s arrive they relieve that officer and he goes about his duties as a law enforcement officer to investigate that scene, to preserve whatever evidence is there, to do crowd control, traffic control and the like.  Cross-training is not to take the officers out of the field and place them in lieu of a fire or rescue person in that ambulance.  Judy Gubler stated she thought she heard Council Member Elwell say he wanted officers to be dedicated to Fire and Rescue, separate from Law Enforcement, in which case there will be a substantial change to the budget and she is not sure it enhances what is being referred to as level of service.  She did not see the level of service changing in such a dramatic way that it needed to come back to the Council.  As she understands it and from talking to those that are involved in this, response times have improved and it has not hampered Law Enforcement in any way.  It is a minimum level of service that was providing that has not changed.  It is still a minimum level of service and she thinks the service is enhanced.  There is at least one (1) officer that is excited about taking on the education for Paramedic and there are several other volunteers and part-time employees looking at Paramedic service.  There was an average of six (6) EMT’s responding to calls and between two (2) and thirteen (13) responding to a call and all were being paid.  There are some efficiencies, scheduling and a number of things the City can look at and she understood that to be her direction from the Council to try and do it all.  The objective is not to sacrifice Public Safety, but to be able to do some other things.  In no way did she anticipate in this budget changing the level of service in Fire/EMS or Law Enforcement.
Council Member Jolley indicated he was an existing Council Member when the ambulance transport was first discussed and he concurs with Council Member Elwell’s recollection of what was discussed.  He appreciates Council Member Elwell’s experience in that field and that experience lends to the passion that Council Member Elwell has for this topic.  As the Council has looked at the current budget, Council member Jolley had a conversation with Pete Kuhlmann.  Pete had reservations but most of his reservations were due to misinformation as a lot of the part-time employees were hearing rumors and were misinformed.  Council Member Jolley had a second conversation with Pete Kuhlmann and he is cautiously optimistic in allowing this direction some time to evolve.  Council Member Jolley values Pete Kuhlmann and Chief Flower's opinions and wants to give this some time and see if there needs to be additional changes made.  Council Member McDonald inquired if the level of service has been sufficient and Chief Flowers stated there has been no compromise in the level of service.  The response time is 3 1/2 minutes, which is amazing.  Chief Flowers is cautiously optimistic and would like more time to see where this goes.  If there were to be a compromise he would immediately bring it to the City Manager’s attention and then bring it to the Council.  Judy Gubler indicated she is also cautiously optimistic and is not 100% convinced this is going to work but thinks from what she’s hearing that it’s working and the individuals responding are excited about it.  Council Member McDonald stated he appreciates the dedication that staff has at working at their budgets, being conscientious and efficient.  Council Member Roberts indicated he appreciates Chief Flowers and Chief Gildea and commends them on their efforts.  Council Member Elwell stated he is very appreciative of all the dialog and while he is not convinced, he feels comfortable giving Chief Flowers his lead.  The Mayor and City Council will evaluate this subject in the future when Chief Flowers feels there has been an adequate amount of time to evaluate it.
E. Discuss and consider road projects, road maintenance and potential bonding for construction costs
Dave Glenn provided a PowerPoint presentation to the City Council, a copy of which is available by request through Ivins City Hall.  Dave Glenn indicated Ivins City has over 50 miles of improved streets that need to be maintained.  The two common approaches used by agencies in prioritizing road maintenance projects are Worst-First and Best-First.  The Worst-First policy focuses on roads in the worst shape that quickly depletes a maintenance/repair budget due to the repairs being expensive.  Many streets deteriorate for the sake of fixing a few streets.  He recommends the Best-First Policy which extends pavement life in a cost-effective manner and extends the service life of the roads, enhances safety, improves ride quality and treatments are low cost.  If road treatments are applied every six (6) to seven (7) years, the treatment could extend a twenty (20) year road to at least forty (40) years.
Judy Gubler stated the Council previously talked about bonding and if the City determines to bond, it would be for rehabilitation and new road construction projects.  If the City were to bond, they would be looking at bonding for approximately $2 million.  A reason to bond now is construction costs and interest rates are low.  Mayor Hart indicated it seems that the most economical long term need is to get all of the roads in a condition that the roads can be prolonged, which would dramatically save the City from expending resources on road repairs.  Dave Glenn stated that is correct.  Judy Gubler clarified that a bond for $2 million will not bring all of the roads up to standard but it will help and is the maximum bond amount that she is comfortable recommending at this time.  The Mayor and Council agreed to move forward with placing prioritization of road projects on a future agenda.
F. Discuss and consider approval of Resolution No. 2011-15R, a Resolution of Ivins City, Utah, Approving the Certified Property Tax Rate for Calendar Year 2011 and for Fiscal Year Ending June 30, 2012
Judy Gubler indicated the rate that is in the Resolution is the rate that the State of Utah establishes so that the same revenue is maintained.  Without Truth in Taxation hearings the City cannot go above the rate the State has established.  As the property value increases, the rate decreases.  Property values have fallen again so the rate increases.  Alan Rae stated everyone should pay the same tax they did last year but as the County Assessor assesses each property, that may not stay exactly the same.  Council Member Roberts indicated he is very uncomfortable with adopting something that gives a penalty to those who pay their taxes.  Council Member McDonald inquired what other option the City has.  Alan Rae stated the Council can decrease the tax rate, which would require the budget to be opened or the Council can increase the rate, which requires Truth in Taxation hearings.

MOTION: Council Member McDonald moved to approve Resolution No. 2011-15R, a Resolution of Ivins City, Utah, Approving the Certified Property Tax Rate for Calendar Year 2011 and for Fiscal Year Ending June 30, 2012
SECOND:  Council Member Elwell
VOTE: The motion carried.

Council Member Elwell AYE
Council Member McDonald AYE
Council Member Jolley AYE
Council Member Roberts NAY
Council Member Rusick ABSENT

Roll call vote.  Three Council Members voted in favor and one Council Member voted opposition.
G. Discuss and consider rules of order and procedure for City Council and Planning Commission meetings
Dale Coulam referred to Rosenberg’s Simplified Rules and Order and the Planning Commission Bylaws that he provided to the City Council previously.  The Mayor and Council Members indicated the Council is on the right track with how they are conducting the City Council meetings.  Dale Coulam will draft an ordinance for their review and consideration.
H. Discuss and consider right-of-way abandonment within Special Assessment Area
Judy Gubler stated staff would like direction from the Council regarding what the property owners should pay for.  A study will need to be done to determine the value received, there will be surveying costs and setbacks will need to be determined.  The Mayor and Council agreed that the property owners will have the option of purchasing the right-of-way property but will not be required to purchase it.  If the property owners' chose to purchase the property, it will be the property owners responsibility to pay for the survey.
I. Discuss and consider sponsoring a room for the new Ivins Veterans Nursing Home
Mayor Hart indicated there are a number of cities that sponsored rooms at the VA facility in Ogden and inquired if Ivins would want to do the same and then approach other cities to sponsor a room.  The cost to sponsor a room is $4,000 which is then matched.  Judy Gubler indicated there is a process for this that requires a Public Hearing.  Council Member Jolley suggested opening this up to the Ivins City residents for the City to achieve a certain amount of money for the City to sponsor a room.  Council Member Elwell referred to the timeframe for noticing and inquired if there would be time to accomplish this.  Mayor Hart indicated the VA has applied for a six (6) month extension on the match time period but even if there is no extension, the amount would be $4,000.  Council Member McDonald is in favor of this and pledged the first $1,000.  Information regarding the City sponsoring a room will be included in the next newsletter.

6) CONSENT AGENDA
A. Approval of Road Improvement Agreement with Washington County School District
B. Approval of Meeting Minutes for June 16, 2011

MOTION: Council Member Jolley moved to approve Consent Agenda items A and B
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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell - no report
Council Member McDonald reported he will be attending a meeting at the Washington County Solid Waste District on Monday, July 11, 2011.  He referred to the City Council meetings and indicated that it is his personal feeling that sometimes the Council Members attack and surprise staff with questions instead of being more up front.  He feels that if the Council Members have questions they should get together with staff and then that information could be shared with the other Council Members.  The other Council Members may have the same or similar question.  Council Member McDonald made a request to the Council Members that if there is an in depth question, that they ask it before the meeting.  It does the other Council Members a disservice and wastes everybody’s time.  He would like the Council Members to consider that the time is not just their time but others time they are taking by not asking the question in advance.  He feels the meetings could be more productive if this were to occur.  He requested the Council Members be considerate of each other and their time.
Council Member Jolley - no report
Council Member Roberts - no report
B. Mayor
No report
C. City Manager, Judy Gubler
Judy Gubler reported that Alan Rae has done a fabulous job with the new software conversion which was completely converted over a two (2) week period due to Alan’s efforts.  The accounting software Pelorus has answered every question immediately and has set the standard for customer service.  Emailing bills to customers and obtaining the newsletters on the website are available and will be reported in the newsletter next month.  Judy reported that Public Works has done a great job with the SAA (Special Assessment Area) project and the contractor has also been great to work with.  On the next City Council agenda there will be a License Agreement regarding a sign for Troy Dennett’s ice cream shop.
D. City Attorney, Dale Coulam
No report
E. Items to be placed on future agendas
Council Member McDonald is concerned with individuals parking on the sidewalk over the new curb and gutter.  Judy Gubler indicated she will discuss that with Chief Flowers and place it on a future agenda if needed.  Council Member Jolley would like to hear from the Festival Committee after they have met with the St. George Wagon Company and hear some of the ideas for the event.

9) CLOSED MEETING

MOTION: Council Member Jolley moved enter into a closed meeting to discuss the purchase, exchange or lease of real proper pursuant to Utah Code section 52-4-205(1)D
SECOND:  Council Member McDonald

MOTION: Council Member Roberts moved to amend that motion and adjourn this meeting as well
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


10) ADJOURNMENT
The meeting adjourned at 9:30 p.m.

Respectfully,

Kari D. Jimenez, CMC
City Recorder