City Council

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
MINUTES
May 17, 2012

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 Mendenhall, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, Public Works Director Dave Glenn, City Engineer Chuck Gillette, and Director of Public Safety Bob Flowers.
EXCUSED: None.

Audience: Claudette Larsen, Jenny Johnson, D. Hunt, Lance Anderson, Ed Dickie and others who did not sign in.

Council Member McDonald led the Flag Salute

Council Member McDonald gave the Invocation

There were no disclosures or conflicts of interest with items on this meeting’s agenda.

Bob Flowers and Kevin Gildea thanked volunteers who have been with Ivins City for more than ten (10) years. The following individuals were recognized: Paul Bozen, Connie Jellison, Brecken Bang, Ron Ellett, Shawn Bowler and Bonnie Bowler. The Mayor and City Council thanked them for their service.

Judy Gubler provided a written report on behalf of Kevin Rudd. A copy of the report is available by request through Ivins City Hall.
Dave Glenn reported on the roundabout and stated the trail on the south side of the road will be paved the week of May 21, 2012. The contractor will also be working on installing the curbing around the medians, striping and getting the signs up, with the expectation of the round-about being open by June 1, 2012. The City understands it is an inconvenience to do road maintenance projects but the inconvenience is temporary and the improvements are permanent. The slurry seal project is complete with approximately 200,000 square yards of roads treated. Staff is installing an irrigation line at the cemetery. There will be a pre-bid meeting held the week of May 21, 2012 for the road projects that were previously approved and an award for the road projects will be on May 31, 2012. Per the MPO (Metropolitan Planning Organization) there are a number of construction projects in Southern Utah that will be starting as early as next year.

Commissioner Anderson reported that the Planning Commission approved Final Plats for the Desert Rose Phase I subdivision and Ivins View II subdivision and continued reviewing Chapter 19 of the Ivins City Zoning Ordinance.

3)	CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - None

4)	PUBLIC HEARING AND ACTION ITEMS

Judy Gubler indicated Ed Dickie, the City Manager of Santa Clara City, was present. The Santa Clara City Council has reviewed the Interlocal Agreement and it is on their City Council agenda next week for formal approval. The objective of the Interlocal Agreement is to combine and share resources, enhance services and reduce costs for both communities.
Council Member Mendenhall referred to paragraph 2 "Summary of Scope of Services to be Provided" regarding "Basic Services" and "Baseline Service" and indicated there needs to be consistency and use either "basic" or "baseline" throughout the document. Bob Flowers stated the term should be "basic" services. She also referred to the sentence "The parties may mutually agree to reduce or increase the level of service upon written request..." on the same page and stated she is not clear on what that means. She inquired if there are fewer police officers if that meant there would be fewer hours of coverage. Judy Gubler indicated "yes" it would relate to coverage. Council Member Mendenhall referred to paragraph 5 "Governance" and stated "Day-by-day" means subsisting on a daily basis and indicated the correct term should be "Day-to-day". She referred to the word "leadership" in that same paragraph and inquired if that meant Ivins City’s Chief Bob Flowers. Judy Gubler indicated "yes". Council Member Mendenhall referred to the word "Councils" under the same paragraph and suggested the words "City Manager" and "Mayor" should also be plural. Council Member Mendenhall referred in part to the sentence "The City Manager of Ivins shall prepare a preliminary budget for the Santa Clara/Ivins Police Department such that each City Council shall have the opportunity to approve the preliminary budget..." and inquired if Santa Clara would be approving the final budget as it relates to Public Safety. Judy Gubler stated the purpose of that is there is an escape clause. The preliminary budget on that portion of the budget is presented in March rather than in May. If the budget looks to be out of line to either party, there’s an opportunity to adjust. It would be part of the budget process for formal approval. Council Member Mendenhall indicated the word "liaison" is misspelled in paragraph 5. She referred to paragraph 8 "Personnel" and inquired how carrying forward of sick leave and the like relates to existing Ivins City employees. Judy Gubler stated it would place both departments on equal footing as of July 1, 2012 and would only occur one time. Council Member Mendenhall referred to paragraph 8b "Insurance" and suggested using "worker’s compensation" instead of "workman’s compensation". She referred to paragraph 9 "Employment Status" and inquired if the word "thereunder" should be "hereunder" instead. Dale Coulam suggested using the word "hereunder". Council Member Mendenhall referred to paragraph 10 "Personnel Policies & Procedures" and stated the word "grievance" should be plural. Dale Coulam suggested adding a parenthetical "policies" and add "of Ivins City". Council Member Mendenhall referred to paragraph 13b "Reports and Notice of Performance/"Notice of Complaints and Exceptional Behavior" and inquired if acting to resolve complaints and report on them on a monthly basis is putting a time limit on solving cases or putting a time limit on the complaints that are brought to each City about the police department. Council Member Roberts indicated it reads that it is for all complaints regarding law enforcement services. Judy Gubler clarified it is timing for the monthly report. Council Member Mendenhall referred to paragraph 13c "Reports and Notice of Performance/"Additional Disclosure" and stated that sentence doesn’t make sense using the word "requesting" after the word City. Council Member Mendenhall referred to paragraph 14 "Indemnification" and indicated the word "is" should be used in front of the word "responsible" rather than the word "are" and at the end of the indemnification clause the word "are" should be used in front of the word "alleged" rather than the word "is". She referred to paragraph 16b&c "Withdrawal" regarding assets and inquired if it is necessary to define or state who will determine the reasonable equivalent for the assets. Dale Coulam stated that if the parties don’t agree, a judge would decide. The language in the agreement is the language that representatives from both law enforcement agencies felt comfortable with and requested be put into the agreement. Both agencies want the flexibility to work that out. Council Member Mendenhall referred to paragraph 17 "Changes in Coverage Area" and suggested adding the words "or de-annexed". She referred to paragraph 18 "Non-Funding" and indicated that seems vague and unfocused. Dale Coulam stated that is actually required by law. Council Member Mendenhall referred to paragraph 20 "Remittance" and inquired who agrees on that and when, and does it need to be stated in the agreement. Dale Coulam indicated it could be by way of an amendment to the agreement or administratively agreed to. If both parties are agreeing, there is no dispute. Dale Coulam advised the Council that he didn't have a problem with any of the amendments or changes suggested by Council Member Mendenhall.

Dale Coulam reminded the City Council that the residency radius has changed. Both cities agreed the radius should be five (5) miles from either city's boundaries to provide an adequate response.

MOTION: Council Member Elwell moved to approve Resolution No. 2012-07R, a Resolution of Ivins City, Utah, authorizing the execution of an Interlocal Agreement between the City of Santa Clara and Ivins City to consolidate law enforcement service and amending residency requirement for law enforcement personnel as was grammatically amended
SECOND: Council Member Roberts

VOTE: The motion carried unanimously.

Roll call vote. All Council Members voted in favor.

Dale Coulam indicated the Mojave Estates subdivision is a Color Country Community Housing (CCCH) project on Main Street. The City Council previously granted the density bonus and this agreement would bind CCCH to what was agreed to during the preliminary plan and subdivision enhancement process for this subdivision. The Planning Commission has recommended approval of the Final Plat subject to the City Council approving this agreement.

MOTION: Council Member McDonald moved to approve the Development Agreement for Mojave Estates
SECOND: Council Member Elwell

VOTE: The motion carried unanimously.

2.	Debt Service Fund

3.	Special Revenue Funds

4.	Capital Projects Fund

8.	Perpetual Care Fund

9.	Economic Development Agency Fund

10.Mu

nicipal Building Authority Fund

Alan Rae provided budget information to the City Council, a copy of which is available by request through Ivins City Hall. He reminded the Council that they are approving the budget at this point but that an approval doesn’t mean that’s the final budget. Once it’s approved, it becomes available to the public for comment. Mayor Hart congratulated Alan Rae and Judy Gubler for providing the Council with a clear and easy to read budget document. Council Member Roberts stated that in light of the 9.6% raise to salary and wages, the residents need a decrease in their property taxes and proposed moving towards a 10% reduction in the mill levy rate. Mayor Hart indicated that would require some calculation to determine what the reduction to residents would be. Alan Rae stated as an example if a resident had an annual $1000.00 property tax bill, $100 of that amount would go to Ivins City and the property tax reduction to the resident would be $16.00. Mayor Hart inquired if the property tax was reduced, what the impact would be on revenue. Alan Rae indicated it would be a reduction in revenue of approximately $120,000. Council Member Roberts stated he would like to see those cuts made in the General Fund except for Public Safety and not necessarily salaries. Judy Gubler requested direction as to where those cuts would come from. The City has a very lean budget and Staff needs to know if they’d be cutting into the bus service, the power feasibility and the like. Staff needs direction. Council Member Roberts indicated he would like to go through a work meeting and come up with some cuts.
Council Member Densley stated he looks at Ivins as being really progressive and appreciated Council Member Roberts comments but doesn’t want to see the momentum stop for a savings of $16.00 a year on a $1,000.00 tax bill. Council Member McDonald also appreciated Council Member Roberts' comments but doesn’t think the economy is such or that the buffer is enough to warrant the cut Council Member Roberts is proposing. Council Member McDonald does not want to cut into the momentum either and stated if employees aren’t given a raise, the City will begin losing very good employees. The City has already cut into them over the last few years because they have not been receiving any cost of living benefit. Council Member Elwell indicated he is sympathetic but looks at what the City stands to gain and what’s on the threshold of creating an asset much greater than a few dollars in the tax bill. The City needs to solidify itself financially and now isn’t the time for a property tax reduction. Council Member Mendenhall appreciated Council Member Roberts' comments but there is a great deal of momentum in Ivins and she does not want to stop that. The City is garnering a lot of positive PR (public relations) and that is going to increase as time goes on. She referred to the wonderful budget document prepared by Alan Rae that the Council is able to clearly understand and if the City were to lose someone with the expertise each has, the City Council couldn’t do their jobs without the incredible City staff. They have done what they’ve needed to do over the past several years and now it’s time for the City to give back and let the City employees know the Council appreciates them and wants them to stay and be involved in the positive things that are happening in Ivins. The budget is very clear cut and everyone worked hard to make it incredibly lean and she wants to keep moving forward.

Mayor Hart agreed that it’s a worthy ambition to contemplate a property tax reduction for the residents but it’s also possible that the upcoming year may result in dramatic savings to the residents with some of the things Ivins is doing. Judy Gubler referred to the budget process and stated if the direction from the City Council was to cut property tax by 10%, she would like to know that up front at the beginning of the budget process. She clarified that the 9.6% that is built in for an increase is not a raise. It’s an adjustment from the last four (4) years. The City saw a substantial cut in the budget as well as a substantial surplus that was built over those four (4) years. If you look at Ivins' tax rate and compare it on the chart with the other cities and then look at the programs and staff, she would stack them up against any City in the County and beyond. Council Member Roberts suggested that reducing the mill levy could be a great public relations tool. Council Member Densley suggested looking at reducing impact fees to spur growth. Alan Rae clarified that impact fees are based on the Capital Facilities Plan and what it’s going to cost to build the improvements. The idea behind impact fees is the new growth pays for the improvements that growth will require so that the existing residents don’t have to pay for the new development. If the City doesn’t charge the whole impact fee to cover the improvements, the existing residents will pay for those.

MOTION: Council Member Densley moved to approve the Tentative Budgets for Fiscal Year Ending 06/30/2013 and Estimate to Complete Budgets for the Fiscal Year Ending 06/30/2012
SECOND: Council Member McDonald

VOTE: The motion carried.

MOTION: Council Member McDonald moved to approve Consent Agenda items A and B
SECOND: Council Member Mendenhall

VOTE: The motion carried unanimously.

7)	CONSENT AGENDA ITEMS FOR DISCUSSION

Council Member Densley reported the building of the Veterans facility continues to progress. The irrigation line is being installed and Rocky Mountain Power installed the electrical system. The footings for the building are expected to be dug the week of May 21, 2012. The design of the building and colors conforms to existing homes and the terrain.
Council Member Roberts indicated the Saturday dumpsters are a great thing for the City and the residents and he requested the City employees be thanked for helping with that.
Council Member Mendenhall - no report
Council Member McDonald reported he attended a Washington County Solid Waste District meeting. The Recycling Coordinator Jenifer Winward has resigned and that position will be absorbed. The recycling program lost money last year and a lot of it was due to salaries. Communities are receiving money from the binnie recycling program but at the same time the program is costing the residents money.
Council Member Elwell - no report

Mayor Hart reported he has been invited to address the St. George Chamber of Commerce on May 30, 2012. He will focus on the Veterans Nursing Home and the Eagle Monument. The brick fundraising program is drawing approximately $1000 per week to go towards the monument.

Judy Gubler referred to a couple of City Council dates and inquired of the City Council regarding possible changes. There is a City Council meeting scheduled the day after the July 4th holiday. In October the first City Council meeting was previously cancelled because of Heritage Days but those events this year will not require a cancellation of the meeting. Council Member Roberts suggested the Council Members come to the next City Council meeting with their schedules so they can make a determination then. Judy reported that the City is working with Santa Clara on the sewer truck sharing resource agreement and the block for the Nielsen wall on Center Street is on backorder but the City is working on the berm.

Dale Coulam reported that the zoning text amendment ordinance was finalized and part of that was a decided decision not to increase the allowed number of horses from two (2) horses to three (3). He is looking for direction whether to pursue the alternative that Council Member Mendenhall suggested of co-mingling of horses on adjoining property. An agenda item is needed to discuss and determine if the Council wants to move forward. If that’s the determination, the process would start with the Planning Commission and then onto the City Council. Dale reported that the lawsuit with Dr. Kim Mitchell was resolved by a favorable Summary Judgment and the time for an appeal has expired.

Zoning text amendment that would allow horse corrals to cross boundary line of two (2) adjoining properties.

9)	CLOSED MEETING

10)

ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND: Council Member Roberts

VOTE: The motion carried unanimously.

The meeting adjourned at 7:12 p.m.

Respectfully,

Kari D. Jimenez, CMC
City Recorder

Council Member Elwell	AYE
Council Member McDonald	AYE
Council Member Mendenhall	AYE
Council Member Roberts	AYE
Council Member Densley	AYE