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
August 19, 2010

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.
Audience: Angelo Disante, Randy & Karen Hanner, George Stoddard and others who did not sign in.
All present included Mayor Hart, Council Member Elwell, Council Member McDonald, Council Member Jolley, Council Member Roberts, Council Member Rusick, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Public Works Director Dave Glenn, and City Engineer Chuck Gillette.
EXCUSED:  None.
A. Acknowledgement of Quorum
B. Flag Salute
Council Member McDonald led the Flag Salute
C. Invocation
Council Member McDonald gave the Invocation
D. Disclosures
Council Member Jolley and Council Member Roberts disclosed they are property owners and residents of the Historic Township that will be discussed under item 5)D.  There were no other disclosures or conflicts.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Utah Army National Guard Programs
Captain Jason Seegmiller with the United States Army provided the Council with information regarding the Utah Community Covenant Program.  A copy of the information is available by request through Ivins City Hall.  The program is tailored to the local level and designed to foster and sustain effective state and community partnerships with service members and their families and veterans of previous wars.  He suggested a covenant signing ceremony be held to recognize the strength of service members, their families and the support of the local community.  Judy Gubler reminded the City Council that Ivins participates in a utility abatement program for members of the Military and their families.
B. Department Reports: Building Department, Public Works and Engineering
Judy Gubler provided a written Building and Zoning report on behalf of Kevin Rudd.  A copy of the report is available by request through Ivins City Hall.
Dave Glenn provided a water usage comparison report to the City Council.  A copy of the report is available by request through Ivins City Hall.  He reported that due to the arsenic levels in Gunlock, Ivins is no longer receiving water from Gunlock.  Ivins is receiving water from the regional line.  Dave Glenn indicated the Water District reported fluoride may be required to be added to the water if a petition is placed on the voting ballot.  Adding fluoride would be expensive, with an initial cost analysis of over 2 million dollars.  The Public Works Department is working on bid packets and street maintenance projects and working to preserve and extend the use of the existing streets. 
Chuck Gillette reported on the status of the APWA (American Public Works Association) standards and specifications.  The City has received useful comments from the Geotechnical Engineers.  He would like to hold off on discussing the APWA standards and specifications with the Cpincil until the City has received additional comments and recommendations.  Chuck Gillette met with an individual with the Army Corp of Engineers regarding the Tuacahn Wash Detention Basin and was told the Army Corp would manage the site if it became federally funded.  The design with Rosenberg Engineering is proceeding for the Ivins Historic Township area and it is expected to be completed in September with bids being received by October.
C. Planning Commission Report
No report.

3) PUBLIC HEARING AND ACTION ITEMS - NONE

4) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and Award Contract for Installation of 30kW Solar System for Public Works/Animal Control Facility
Judy Gubler indicated that prior to the last meeting it was thought that an element in the low bid may have been left out.  It has been confirmed that the low bid was correct.  The lowest bidder was Intermountain Wind and Solar.

MOTION: Council Member Elwell moved to approve the contract for Intermountain Wind and Solar for the Public Works/Animal Control Facility
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

B. Discuss and Consider Approval of Request for Proposals for UNITY Park Solar System
Chuck Gillette indicated the City received a federal grant administered by the state in the amount for $203,000.00.  He spoke with the state oversight group and was told it would be acceptable for the City to expand the scope of the City’s project and utilize the entire grant.  Formal RFP’s (Requests for Proposals) are required to be obtained.

MOTION: Council Member Rusick moved to approve a Request for Proposals for the UNITY Park Solar System
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

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

C. Discuss and Consider Approval of Resolution No. 2010-18R a Resolution of Ivins City, Utah, Amending and Replacing The Consolidated Fee Schedule
Judy Gubler referred to the draft Consolidated Fee Schedule and indicated the suggested changes are highlighted.  A copy of the document is available by request through Ivins City Hall.  Mayor Hart inquired as to the Administrative Filing Fee.  Judy Gubler and Dale Coulam stated the City should have a fee similar to what the District Courts charge.  The City has to pay for a court setting by providing an Administrative Law Judge, a Court Reporter and other related costs which are expensive.  The City would not want to charge the actual costs because that may inhibit due process but if the City charges a fee similar to what the Courts are charging the City would be able to recoup some of the cost.  Mayor Hart referred to the Subdivision and Site Development Construction Permit Fee minimum amount of $500 and inquired if that would also be for small lot splits that are considered subdivisions.  Judy Gubler indicated that there are a number of steps the City has to take for any construction permit for public improvements, including a pre-construction meeting where a number of individuals with varying expertise attend and several off-site inspections.  The City feels a minimum fee of $500 is necessary.

MOTION: Council Member Jolley moved to approve Resolution No. 2010-18R a Resolution of Ivins City, Utah, Amending and Replacing The Consolidated Fee Schedule as presented
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.
D. Discussion of SAA (Special Assessment Area) Improvements i.e. design, financial hardship, etc.
Judy Gubler indicated there are aspects of the SAA design that may differ from the Transportation Master Plan, primarily the City recommending the modified curb and curbside sidewalk in all locations.  That eliminates the access issues, the number of accesses that people might have and the difficulty with accesses people may have if the curb was a standard curb.  She suggested the Council address the design changes and discuss ideas relating to the financial hardship issue.  Chuck Gillette indicated there are some unique challenges with this project.  There are some areas where the City may need to lower the road by a foot in areas where there are known drainage problems.  The design concept has been submitted to the Planning Commission and the Planning Commission has forwarded their recommendation to the City Council.  The recommendation is to allow the City some flexibility in the Historic Township and amend the Transportation Master Plan to exclude the Historic Township from some of the standards.  That would provide the City with the opportunity to install mountable curbs and curbside sidewalks which would be a cost savings and would eliminate access management issues.  The Mayor would like this project to be as friendly to the public as possible.  The design is based on the same road widths that the Transportation Master Plan recommends.  Mayor Hart stated the concept is to hold the roads as close as is possible to existing grades other than the primary challenge areas which are the east/west streets that have low spots mid-block.  Council Member Elwell is in favor amending the Transportation Master Plan for this project, especially the modified curb which are very efficient and work extremely well.  Council Member Roberts referred to the sidewalks being brought close to the road and inquired if that would bring the children closer to the traffic.  Chuck Gillette indicated it does and that’s one of the benefits of the park strip on the major collector streets.  Council Member Elwell referred to the safety factor of the mountable curbs and stated that in residential areas of speeds of 25 mph or less, statistically there isn’t much of a difference in the mountable curb or high back curbs in a residential area.  There is a misperception that the high back curb provides a greater degree of protection, which is not the case.  Using a modified curb and placing the sidewalk next to it in a residential area is an enhancement to safety and not a compromise to safety.
Mayor Hart referred to the financial hardship issue and questions regarding what the City’s intention is with the abandoned easement and if that property would become available to the residents.  It is his understanding that the City’s preliminary intention is to make that property available if the residents want it.  Judy Gubler addressed the easements and indicated the City needs to determine what the costs associated with that process are and she recommends those costs be passed onto the property owner that would be gaining the property.  There is a fee to record with the County Recorder, a fee for the survey and any other costs incurred.  Regarding the financial hardship issue, Judy has had preliminary discussions with the Five County Association of Governments.  They administer the down payment assistance program for St. George and they have other programs that they administer.  She suggested the City consider using the Five County Association of Governments to administer a financial hardship program for Ivins.  Five County would determine who is low income and who would qualify for the program.  Where the money comes from is more complicated and she is still looking at sources.  The Five County Association of Governments administers the CDBG grant program but the City would have to qualify the whole neighborhood as low income which it isn’t and therefore does not qualify.  The City needs to look at other ways to fund the program.  Some residents have indicated they may want to contribute to the program to assist those who are unable to afford the assessment.  Mayor Hart stated other possibilities would be an "adopt a lot" program, a community fund raiser and an option on the utility billing for individuals to donate money to the fund.  Council Member Rusick is glad to hear about the Five County Association of Governments being able to administer the program and is in favor of voluntary help from the community.  If a resident is not able to pay the assessment it then becomes a lien against the property until the property is sold.  The other reality is there is going to be a time frame for residents to pay their assessments and in the meantime the City has to pay for the work that is done.  In effect the residents are borrowing money from the City and repaying it over time.  Council Member Roberts agrees that the Five County Association of Governments should administer the program.  He suggested forming a fundraising committee.  Council Member Jolley suggested concentrating on an organized fund raising effort.  Council Member McDonald inquired if the assessment portion is going to be added to the residents’ utility bill and the resident chooses not to pay that portion of the bill, would the City shut off that resident’s water?  Judy Gubler indicated "no" and that water shut off is unrelated to the assessment amount.  The City has not definitely determined that the assessment will go on the water bill.  Typically they are separate bills.  Mayor Hart reminded the Council that the assessment does not begin until the project is complete which would likely be the middle of next year; Council Member Jolley inquired if it would be possible for residents to provide some sweat equity to reduce the amount of their assessment.  Judy Gubler stated that when the project is bid and if federal money is involved, the City is required to use the Davis-Bacon Wage scale.  Without federal money there will be a different cost.  The City is going to request that the subcontractors submit directly to the City in case there is a substantial savings where the City could serve as contractor.  In that case there may be an opportunity for some sweat equity.  There is the possibility that the City may not use federal money due to the cost of using it.  Once the City knows how much the bids are going to be the Council can explore more options.  Chuck Gillette referred to the sweat equity option and asked the question of "what if the work fails?".  If a contractor provided the work the City can go back to the contractors if the work fails.  Council Member McDonald has been approached by an individual who already has curb and gutter but no sidewalk and they are being assessed for all of the improvements.  Judy Gubler indicated one of the next steps of this process is for the Council to appoint a Board of Equalization where individuals can talk to the Board about their specific property and their assessment may be adjusted accordingly.

6) CONSENT AGENDA
A. Approval of Meeting Minutes for August 5, 2010
B. Backhoe Lease Extension

MOTION: Council Member McDonald 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 AYE


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Rusick - no report
Council Member Roberts - no report
Council Member Jolley - no report
Council Member McDonald reported during the last rain storm he noticed large amounts of water coming through the Reserve wall.  Judy Gubler indicated some of the unimproved lots did not allow the water to flow to the street.  There is now a new wash going into the existing wash.  The wall was undermined and the Home Owners Association is looking at that.  Council Member McDonald also noticed a pool of water behind the fire station that was running under the sidewalk.
Council Member Elwell - no report
B. Mayor
Mayor Hart reported he received an email from Scott Raine with Tuacahn indicating Tuacahn would like to establish a 4th of July celebration to be held at their facility and wanted to know if Ivins would support the celebration.  The Mayor and Council Members agreed they would.  Mayor Hart reported he and Judy Gubler attended Color Country Community Housing’s opening ceremony.  The first six (6) homes are under construction and they will be building another five (5) homes in Ivins.  The Color Country Community Housing program is very appreciative of Ivins and they may purchase additional land in Ivins to build more homes.  Mayor Hart attended 
a DTEC (Dixie Transportation Executive Committee) meeting where they discussed a thirty (30) year plan for transportation.  He did not see any of Ivins projects in the plan.  Judy Gubler indicated she would follow-up.
C. City Manager, Judy Gubler
Judy Gubler reported she has had discussions with the LDS Church and the Church is putting their proposal together.  She has had preliminary discussions with the Water District regarding transporting secondary water to the west side due to the arsenic issues.
D. City Attorney, Dale Coulam
Dale Coulam reported that there are items relating to the SAA that are required to be recorded with the Washington County Recorder’s Office and those items have been recorded.  The next step will be for the City to appoint a Board of Equalization and the state statute allows a couple of different options.  One option is for three (3) or more Council Members to be on the board or the other option is for two (2) Council Members and the City Engineer to be on the board or the City Treasurer could be on the board in place of the City Engineer.  He suggested the City Engineer be on the board due to his involvement in the SAA process.
E. Items to be placed on future agendas
Appointment of an individual to a military committee.

9) CLOSED MEETING - NONE

10) ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
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

The meeting adjourned at 7:15 p.m.

Respectfully,

Kari D. Jimenez
Ivins City Recorder