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
March 3, 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, Council Member Rusick, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Parks and Recreation Director Benny Sorensen, Public Safety Director Bob Flowers, Building and Zoning Administrator Kevin Rudd, and City Engineer Charles Gillette.
EXCUSED:  None.
Audience: Lynnette Miller, Jim Keeley, Angela DiSante, Steve Kemp, Dan Pendleton, Tim Bryan, Lance Anderson and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute
Council Member Roberts led the Flag Salute
C. Invocation
Council Member Roberts gave the Invocation
D. Disclosures
Council Member Jolley and Council Member Roberts disclosed they reside in the Special Assessment Area in relation to agenda item 5)B.  There were no other disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Economic Development Committee Report - Dave Toth
Dave Toth, Chairman of the Ivins Economic Development Committee (IEDC), provided a PowerPoint presentation to the City Council.  A copy of the presentation is available by request through Ivins City Hall.  The IEDC is currently meeting with Rocky Mountain Power regarding the power service to potential users and is involved in discussions regarding the proposed VA Care Facility that may be located in Ivins.  The IEDC is working on strategies to attract new businesses to Ivins like care facilities and data centers.  Mr. Toth encouraged the City Council to provide their feedback and comments.
B. Department Reports: Parks and Recreation and Public Safety
Parks and Recreation Director Benny Sorensen reported the basketball season is over.  Registration for baseball, kickball and tennis are open and registration for soccer has closed.  The City is getting the soccer fields ready to play on.  Zumba, strength training, personal training, and the dance and tumbling classes are going well.  The Geology class ended last week with thirty to forty (30-40) attendees at each weekly session.  The Community Garden is approximately half full and the Parks and Recreation Department is preparing for the Easter egg hunt in April. 
Public Safety Director Bob Flowers reported the Police Department has received new radars for speed enforcement and new heart monitors for the ambulances that have the ability to communicate with the hospital directly.  They are working on the REVERSE 911 program where residents register their cell phone numbers with the police department, making it easier to pinpoint their location when they call for assistance.  Officer Randy Hancey is spending more time at Tuacahn High School as a Resource Officer and the Ivins Police Department has been receiving a lot of phone calls regarding the recent Spice arrest.  He complimented the City Council for being bold enough to get out in front of that issue.  The word he is hearing from the high school kids is that they cannot get Spice in Ivins anymore.  Addressing that issue truly made a difference in the community.  Council Member Roberts referred to the REVERSE 911 program and inquired if that would be an appropriate Eagle Scout project.  Chief Flowers indicated he needs to look into that further.  Council Member Rusick referred to a speed boarding incident in Kayenta and a report regarding the animal shelter.  Chief Flowers indicated he will discuss the speed boarding issue with the City Attorney and will provide a copy of the animal shelter report to the Council.
C. Planning Commission Report
Kevin Rudd reported the Planning Commission discussed the beekeeping ordinance which is now set for a Public Hearing on March 15, 2011.  The Planning Commission will be mailing letters to the owners of commercial property in Ivins regarding a meeting with the owners and the Planning Commission that will be held on April 19, 2011.

3) PUBLIC HEARING AND ACTION ITEMS
A. Public Hearing to Consider the Planning Commission’s recommendation to approve a Proposed Mixed Use (MU) Overlay District Zone Change on the property located at 760 South 200 West.  Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant
Kevin Rudd reported a Conditional Use Permit was previously approved for the Casita’s at the Ridge.  The current zoning does not allow short term rentals of townhomes or condos.  The owners and applicant have determined that a Mixed Use Overlay (MU) with a C-1 (Community Commercial) and RM (Multiple Residential) combination would provide the maximum flexibility to achieve their vision for the property.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.
B. Consider Approval of the Planning Commission’s recommendation to approve a Mixed Use Overlay Zone Change, (Ordinance No. 2011-04) Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant
Council Member Roberts referred to the property owners on the rear side of the project and inquired how close the project is and how the height affects their view.  He also inquired if there has been any input from those property owners.  Kevin Rudd indicated a height of thirty-five feet (35’) is allowed.  The current plan reduces the height by five feet (5’) and the property owners are present at the meeting tonight.

MOTION: Council Member Jolley moved to approve Ordinance No. 2011-04 to approve a Mixed Use Overlay Zone Change, Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant
SECOND:  Council Member Rusick
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.
C. Public Hearing to Consider the Planning Commission’s recommendation to approve a Proposed Preliminary Plan on the "Casitas at the Ridge" located at 760 South 200 West.  Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant
Kevin Rudd indicated the plan depicts three (3) phases and is the same plan submitted several months ago.  A Development Agreement would be required with the project and reviewed and potentially approved by the City Council with the final plat.  Mayor Hart opened the Public Hearing.  There being no comments, Mayor Hart closed the Public Hearing.
D. Consider the Planning Commission’s recommendation to approve a Proposed Preliminary Plan on the "Casitas at the Ridge" located at 760 South 200 West.  Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant

MOTION: Council Member Rusick moved to approve the Proposed Preliminary Plan for the "Casitas at the Ridge" located at 760 South 200 West.  Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant
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


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

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Budget Planning Discussion
Judy Gubler outlined what the Departments are needing/requesting as budget items and the approximate costs of those items as follows: 
Public Safety: Grant Officer-$70,000; Vehicle Replacement-$20,000.  The Grant Officer has been paid for by grant money for two (2) years and as part of receiving the grant, the City was asked to pay for year three (3).  The costs for the officer include salary, benefits and equipment.  
Parks and Recreation: Chipper-$20,000, Mower-$15,000 and Trail Lighting.    
Building and Zoning:  No requests.
Public Works: Street Sweeper-$200,000, Sewer/Storm Drain Cleaning Truck-$330,000, Utility Truck-$40,000,  Asphalt Roller and Trailer-$40,000, Tack and Oil Distributor-$20,000.  The City also needs to address replacing Street Signs and Road Maintenance.  The approximate cost for road maintenance throughout the City is over $1 million dollars over a three (3) year period.
Administration: Cost of Living Adjustment (COLA) for Staff of 1.6%-$43,535, Benefits-$52,000, Financial Software-$53,000
General: Scholarships, Special Events (Fitness Festival, Heritage Days, Easter Egg Hunt, July 24th Celebration, Princess Pageant and similar) and Economic Development
Council Member Rusick referred to the Public Safety Department and indicated that when the police force was established there was a number of officers recommended according to the population and Ivins was always short of that.  According to what she read in The Spectrum recently, the City’s population is 6753.   Based on that figure she inquired how many police officers Ivins should have.  Judy Gubler indicated the City is not sure the number that was identified in The Spectrum is accurate.  The formula in Ivins General Plan is 1.5 officers per 1000 population.  If you take 1.5 x The Spectrum’s figure of 6, that equals nine (9) officers.  Chief Flowers stated that including the Fire Department, the Ivins Police Department has nine (9) officers.  Judy Gubler indicated if you take the population figure that Ivins believes is more accurate, that of 8500-9000, the number of recommended officers would be more but the Police Department is not requesting additional personnel.  Council Member Roberts stated that the Fire Department personnel should not be counted against the number of recommended police officers.  Council Member Rusick referred to Animal Control and Judy Gubler indicated there is no increase or decrease in animal control staffing. 
The Utah Local Governments Trust is recommending the City clean the sewer lines every two years.  The City currently contracts out the sewer line cleaning at a cost of $30,000 a year on a five (5) year contract and only ten percent (10%) of the lines are being cleaned.  If the contract is less than five (5) years the cost would be more than $30,000 a year.  If the City were to purchase the Sewer/Storm Drain Cleaning Truck the City would be able to clean at least fifty percent (50%) of its sewer lines a year. 
The City needs to upgrade its financial software as the current software is not being serviced and will not be available after 2012.  The City is no longer able to set that budget item aside.  When the Administrative Director left the City three (3) years ago, the City did not hire anyone for that position as a way to pay for the financial software.  
Judy Gubler referred to Staff and stated Staff has not had an increase in pay since August of 2008.  The Department of Labor has indicated the cost of living for the past year is 1.6% and she proposed Staff receive a COLA of 1.6% to try and keep them even and to say "thank you" for doing more with less for the past three (3) years.  Benefits for Staff have been reduced, costs have gone up and if Staff continues to hold with their current salary, it is a reduction in their pay.  Council Member Rusick stated people should be paid fwell and well fairly but questions if the City should be looking at a COLA in the current economic environment. 
Dale Coulam referred to benefits and indicated health insurance costs are expted to increase between twelve and fifteen percent (12%-15%), with three to four percent (3%-4%) of that increase directly related to "Obama Care".  The City has seen a nine to ten percent (9%-10%) increase over the last two (2) years and has cut employee benefits to stay within the Benefit Allowance.  Ivins currently pays 100% of the core benefits for the family and has a philosophy that all employees are paid the same allowance.  If one employee has single family coverage, the difference in cost between the family coverage and the single family coverage is put into the employees 401k or 75% of the difference is given to the employee as additional compensation in their pay check.  There are employees that count on that money in their checks.  If the City were to change that policy there are some ramifications and the City may need to find ways to phase in a changed policy.  Most cities only pay for whatever their employees need for insurance and do not pay the benefit allowance.  There is a concern with the gap widening when compensation has been frozen and out of pocket expenses continue to increase each year.  If the City absorbed the full cost coverage for benefits, the cost would be approximately $52,000.  Mayor Hart stated a primary concern is it is unknown what is going to occur with the health care system and if the city continues to absorb 100% of the costs that could be an impossible situation for the City.  Good people need to be compensated fairly and it is expensive to replace varying levels of personnel but the economic situation has not gotten better.  Council Member Rusick indicated splitting the benefit costs between the City and the employees is the most fair and benefits are part of the employee’s salary.  She suggested the City pick up 60-75% of the costs this year with that number being graduated down to 50%.  She did not support a 1.6% COLA but suggested that rather than a COLA, that money be used to go toward paying benefits.  Having benefits is more important than a COLA due to the cost of getting sick or hurt.  Dale Coulam stated 1.6% equates to a health insurance benefit coverage of approximately 82% of a 15% increase in health insurance costs and once the City receives the actual numbers the City may be able to cover up to 100% of the benefit coverage for this year.
The Mayor and City Council discussed the requested budget items and agreed that rather than a 1.6% COLA, the money that would have been used for a COLA be used to go toward paying benefits and review the COLA and benefits situation next year.  They would like Chief Flowers to research CNG conversion options and Dave Glenn to research trade-in values and new versus used for the Street Sweeper and the Sewer/Storm Drain Cleaning truck.  They would like to address the road maintenance situation and Council Member Elwell would like to know the reasoning behind the Utah Local Government Trust’s recommendation to clean the City’s sewer lines every other year.  Mayor Hart suggested looking at funding for the Economic Development Committee and Council Member Rusick requested a copy of the Special Event accountings.
B. Discuss and Consider Expansion of Project Scope for Contract No. 10-05 Historical Township Improvements and approval of the Additional Expenditure
Chuck Gillette indicated that Staff has identified opportunities for the City to consider expanding the scope of the SAA (Special Assessment Area) project and take advantage of the low construction prices.  The areas to consider are: 
Center Street west, 200 West to 200 North- This property is owned by the School District and a sidewalk may or may not be included as part of the improvements.  Center Street needs to be widened in this area due to accidents and Public Safety concerns.  The School District has agreed to pay 50% of the costs with the City fronting the other 50% and the City being reimbursed the 50% when the School District builds on the land.  Dale Coulam provided a draft copy of a Road Improvement Agreement that would need to be approved by the City Council in the future if that is their direction.  A copy of the draft agreement is available by request through Ivins City Hall.
100 North from Main Street to 100 West and Main Street from Center Street to 100 North-This area is in front of City Hall.  The asphalt is old with patches and there is significant deterioration.  
200 East from 100 North to 200 North- The VA Administration may locate their extended care facility in this area and if they were to develop, a portion of the costs would be paid by the developer.
200 East from Center Street to 100 North- This area fronts the property currently owned by the Freesh-Jones’.  If/when this property is developed a portion of the costs would be paid by the developer.
200 East from 100 South to 200 South- This area is adjacent to the Red Mountain Elementary School.  The asphalt is old and the deterioration is significant.
Council Member Jolley inquired why the School District was able to negotiate the terms outlined above.  Chuck Gillette stated that property is technically within the Historic Township and if it had been included in the Special Assessment Area only a small portion of the improvements would have been paid by the School District.  The School District will be paying 100% of the improvements and the City benefits.  Mayor Hart referred to storm water and flooding and indicated it would be beneficial to have curb and gutter improvements in that area.  
The Mayor and City Council determined the City should proceed with improvements for widening Center Street on the west side and the School property areas, to include a sidewalk, and the City Hall areas.  They want to hold off on the area that the VA Administration is considering placement of their care facility on as well as the area adjacent to the Red Mountain Elementary School and the area that fronts the Freesh-Jones’ property.  They will review those areas as the SAA work proceeds. 

MOTION: Council Member Rusick moved to expand the Project Scope for Contract No. 10-05 Historical Township Improvements by approving the additional expenditure for the School District property including the Center Street sidewalk and the property around City Hall as presented in the report this evening
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

C. Continued Discussion of Ordinance No. 2010-19, an Ordinance of Ivins City, Utah, Amending Section 16.11.134 of the Ivins City Code Regarding Site Grading and Drainage
Mayor Hart requested this item be tabled due to Kevin Rudd addressing a personal situation and not being able to provide the requested additional drawings.

MOTION: Council Member McDonald moved to table Ordinance No. 2010-19, an Ordinance of Ivins City, Utah, Amending Section 16.11.134 of the Ivins City Code Regarding Site Grading and Drainage to our next meeting or to our next available meeting
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 AYE

D. Ivins City Princess Pageant Scholarship Qualification Discussion
Mayor Hart suggested there be an annual budget of $2,000 with $1,000 awarded to the Princess, $500 each to the First and Second Attendants and the check be made out to the school where the Princess and First and Second Attendants will be attending.  The Council agreed and determined the scholarship would be awarded following successful completion of the reign as determined by the Pageant Director, City Manager, Mayor and Director of Parks and Recreation and the scholarship will be awarded for post high school education.  The scholarship will be held in reserve until each recipient attends a post-high school educational institution.  The Mayor and Council directed the City Attorney to prepare a Resolution for their review.
E. Approval of Property Purchase Agreement between LDS Church and Ivins City
Judy Gubler indicated when the City purchased the property known as Pond Park it included a forty foot (40’) access easement which is now 300 South across the Cameo Park southern boundary and the easement was included on the title insurance policy.  When a separate title company provided title insurance for Cameo Park, prior to the City’s purchase, that title did not include the easement.  The resolution is a legal one and could resolve itself if the Cameo Park HOA (Home Owners Association) decides to make 300 South a public street.  The Cameo Park HOA informally approached the City and two (2) board members were in favor of making 300 South a public street and one (1) board member was not. 

MOTION: Council Member McDonald moved to approve the Property Purchase Agreement between the LDS Church and Ivins City
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


6) CONSENT AGENDA
A. Approval of Meeting Minutes for February 17, 2011

MOTION: Council Member Roberts moved to approve the Consent Agenda
SECOND:  Council Member Jolley
VOTE: The motion carried.

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Rusick reported she attended the last neighborhood meeting and there were at least 50 people in attendance.  She referred to the Rocky Mountain Power Blue Sky Program and indicated the Kai Reed reported more people are signing up for that program.  
Council Member Roberts - no report
Council Member McDonald - no report
Council Member Jolley - no report
Council Member Elwell - no report
B. Mayor
Mayor Hart attending a couple of Mayors’ meetings and stated they are a terrific group of Mayors who are trying to work together in a cooperative way among communities and Ivins may be the beneficiary due to their generosity.
C. City Manager, Judy Gubler
Judy Gubler reported the neighborhood meetings were successful.  It is time for the Annual MBA (Municipal Building Authority) meeting.  The Mayor and Council scheduled that meeting for Thursday, March 17, 2011 at 5:15 p.m.
D. City Attorney, Dale Coulam - No report
E. Items to be placed on future agendas
Council Member Roberts stated he met with Judy Gubler regarding the business license renewal process and he would like to discuss this on a future agenda to move the cut off date to a date later than December 31st.

9) CLOSED MEETING

MOTION: Council Member Rusick moved to enter into a closed meeting to discuss the sale of real property pursuant to Utah Code section 52-4-205(1)(e) and adjourn this regular council meeting
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


10) ADJOURNMENT
The meeting adjourned at 8:35 p.m.

Respectfully,

Kari D. Jimenez, CMC
City Recorder