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 4, 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, and Director of Public Safety Bob Flowers.
EXCUSED:  None.
Audience: Dan Greathouse, Ralph Lowther, Fred Walker, Angelo DiSante, Lorrie Webster, Lance Anderson, Gino Giacomoazza, Lesley Mendenhall, Connie Butterfield, Tracy Welsh and others who did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute
Council Member Elwell led the Flag Salute
C. Invocation
Council Member Elwell gave the Invocation
D. Disclosures
Council Member Roberts disclosed that his relative is President of the Ivins Irrigation Company which will be addressed under item 5)A.  There were no other disclosures or conflicts of interest with items on this meeting’s agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Recognition of World War II Veteran Gino Giacomazza
The Mayor and City Council recognized Ivins resident Gino Giacomazza, who is the oldest living World War II Veteran in Washington County.  Representatives from the Vietnam Veterans of America presented an American Flag and a Certificate of Appreciation to Mr. Giacomazza.  Mayor Hart presented a framed photograph of Ivins Red Mountain to Mr. Giacomazza.  Mr. Giacomazza stated he agreed to accept the recognition to remember the men who served with him who honorably heeded the call to serve their country.  He thanked everyone for the recognition.
B. Presentation of CAFR & PAFR Awards to Alan Rae
Mayor Hart stated that Alan Rae was unable to be present and requested that item 2)B be tabled and in its place a report be given by Dave Toth on behalf of the Economic Development Committee.

MOTION: Council Member Jolley moved to table item 2)B to another Council meeting when Mr. Rae can be present and in its place hear a report on the economic development from Mr. Toth
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

Dave Toth provided a PowerPoint presentation to the City Council, a copy of which is available by request through Ivins City Hall.  The IEDC (Ivins Economic Development Committee) submitted an RBEG (Rural Business Enterprise Grant) application, discussed business signage and information to be included in new hire packets for the VA Care Facility.  Council Member Rusick suggested including Real Estate agents in the information packets.
C. Department Reports: Parks and Recreation and Public Safety
Benny Sorensen reported the Pioneer Day parade and activities went well.  Movies in the Park will start Friday, August 5, 2011 at approximately 8:30 p.m.  Registration for flag football is open and there were two (2) burials in July.  There was some damage to one of the statues in the roundabout and the Public Safety Department took a report on the damage.  The City may be placing a surveillance system in that area.  Council Member Rusick stated that she received complaints from individuals and heard vendors complaining about the music being too loud at the Pioneer Day Celebration.  Benny Sorensen indicated he will make a note for next year and asked that complaints be given to him as soon as possible so he can make adjustments immediately.
Chief Flowers reported that Grand Marshal Jack Reber had a great time and rode in Chief Flower's car.  Regarding ambulance and scheduling, for the month of July the City had twenty-eight (28) responses and sixteen (16) of those had law enforcement on the ambulance.  The transport and scheduling is going extremely well.  He acknowledged Animal Shelter employees Aggie Smith and Todd O'Bray.  They are intermediate EMTs and are responding with the ambulance transport.  There were twelve (12) fire calls in July and the new fire truck paid for itself immediately.  The City received approximately $20,000 in reimbursements for the use of the fire truck.  There was a hearing regarding an animal that was deemed vicious and the Administrative Law Judge agreed with the review panel's decision.  There was a serious auto burglary in Ivins.  The Public Safety Department was able to obtain a photo of the vehicle and the suspects and place them on the website.  An Ivins resident saw the information on the website, identified the vehicle and called it in.  The suspects were arrested and through that case there have been other cases in the area solved.  Officer Jaron Studley received a scholarship in the forensics area and will be a forensic expert in approximately one (1) year.  Mayor Hart indicated Chief Flowers will be the key note speaker at the Washington County Preparedness Expo at the Dixie Center on September 10, 2011.  Chief Flowers is the former FEMA (Federal Emergency Management Agency) Region VIII Director.
D. Planning Commission Report
There was no one present from the Planning Commission to provide a report.  Mayor Hart reported the majority of the discussion was regarding commercial zoning.

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

4) PUBLIC HEARING AND ACTION ITEMS - NONE

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of an Independent Contractor Agreement with the Ivins Irrigation Company for system repairs
Judy Gubler stated this agreement formalizes the relationship between Ivins City and Ivins Irrigation Company.  The Ivins Irrigation Company does not have full time personnel so Ivins City repairs the irrigation lines and then bills the Irrigation Company.  Council Member Rusick indicated there is one correction on page two (2) item six (6) on the 3rd line down.  The word "Contractor" should be used instead of the word "City".

MOTION: Council Member McDonald moved to approve the Independent Contractor Agreement with the Ivins Irrigation Company for system repairs as amended
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

B. Discuss and consider approval of a Memorandum of Understanding between Ivins City and Ivins No Kill Animal Supporters, a Utah nonprofit corporation ("INKAS")
Lesley Mendenhall stated the Board of Directors of INKAS is present this evening and provided a PowerPoint presentation to the City Council.  A copy of the presentation is available by request through Ivins City Hall.  Connie Butterfield is the President, Kim Rubel is the Vice President, Lesley Mendenhall is the Treasurer and Tracey Welsh is the Secretary.  Tracey Welsh indicated the mission of INKAS is to ensure that the Ivins City Animal Shelter & Adoption Center can maintain its "No-Kill" status through active fundraising and community partnership.  Lesley Mendenhall referred to the recent changes outlined in blue in the Memorandum of Understanding.  She objected to the language in blue that was suggested by Linda Elwell of FIAS (Friends of Ivins Animal Shelter) because FIAS was not a party to this agreement.  Dale Coulam stated he understood, during his telephone conversation with Linda Elwell, that the suggestions were from Council Member Elwell because Council Member Elwell spoke in the background.  Council Member Elwell agreed with Dale Coulam’s understanding and stated the language was his concern and he wanted to raise the issue to make sure the City is protected.  Dale Coulam indicated there is currently another way the City protects itself relative to indemnity by requiring anyone who removes an animal from the Animal Shelter to sign a waiver.  Council Member Rusick stated the words "Advisory Board" should be changed to "Review Panel".  The City Council agreed to approve the Memorandum of Understanding without the additional language outlined in blue and directed the City Attorney to prepare a separate Indemnification Agreement for FIAS and INKAS.

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 AYE


6) CONSENT AGENDA
A. Approval of Meeting Minutes for July 21, 2011

MOTION: Council Member McDonald moved to approve the Consent Agenda, item A
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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell expressed a safety concern with children running out into the road to pick up candy at the 24th of July parade and nearly getting hit by the parade vehicles.  He suggested in the future to possibly admonish parents beforehand, tape off an area where candy can be provided or have someone handing out the candy along the sides of the road.  Judy Gubler stated that was discussed internally and she will discuss safety issues with staff for the parade next year.  The Mayor and City Council agreed that the candy needs to be brought to the kids and let the parade entries know that there is no throwing from the vehicles but that they can transport from the sidelines.  Council Member Rusick suggested the Mayor and City Council Members walk the parade route and hand out candy.  Council Member Elwell invited the City Council Members to his Grandson's Eagle Court of Honor at 6:00 p.m. at the church house on Center Street on Friday, August 5, 2011.
Council Member McDonald inquired as to when the the ground breaking will be held for the VA Care Facility.  Mayor Hart indicated the anticipated ground breaking is November 11, 2011 at 11:00 a.m.  The Request for Proposals for the facility will go out in the near future.  
Council Member Jolley reported he had a gentleman talk to him regarding the Big Brothers Big Sisters program and this gentleman was told he could not place a collection bin in Ivins.  Judy Gubler stated the Big Brothers Big Sisters bin was on the property known as Pond Park but when that property was sold the bin was moved.  Ivins tried contacting the individual but neither Ivins City or the Solid Waste District had the individuals contact information.  Big Brothers Big Sisters has not approached the City but the individual can contact her or Dave Glenn regarding the placement of a collection bin in Ivins.
Council Member Roberts referred to the parade and suggested it may be time to move to a bigger parade route.  He suggested from one end of the City to the other.  
Council Member Rusick attended an Executive Committee meeting for the Southwest Mosquito Abatement and Control District regarding bids for the proposed building.  Council Member Rusick inquired if City Hall could be rented out.  Dale Coulam stated there are a number of security issues with renting out City Hall.  The City has backed away from allowing that.  Mayor Hart recommended the policy remain as it is and not rent out City Hall.  Council Member Rusick referred to political floats in the July 24th parade and stated that the Council had previously decided they did not want political floats in the parade.  Dale Coulam stated there is no absolute prohibition against political floats in the parade, they are just discouraged.  It can be a preference but he doesn’t think the City can prohibit them due to the constitutional right to freedom of speech.  He referred to the Days of 47 Parade in Salt Lake City and Provo City’s Freedom Festival.  Those are handled by non-profit organizations which can determine what is allowed in their parade.  If the City wants regulation of parade entries, they should consider a separate non-profit entity to handle the July 24th parade.
B. Mayor
Mayor Hart reported on the solar panels the City is using and stated the City has generated approximately $5,000.00 worth of power, which is ahead of what the projections were.  The solar panels are functioning very well.  He referred to the room at the Veterans Care Facility with Ivins name on it.  Thanks to several donors, Ivins qualifies for a room and more than $4,000 was raised for Ivins name to be on one of the doors.  There are still approximately 80 rooms remaining that do not have a sponsor.  Mayor Hart reported that Judy Gubler and Chuck Gillette attended a HCAC (Habitat Conservation Advisory Committee) meeting regarding the funded trail issue and the HCAC is in favor of that.  The Mayor was approached by an individual who worked on the parade float for Ivins royalty and it was suggested that rather than incurring the expense every year to build a new float, the City look at purchasing an economical trailer that the float could be placed on every year.  Mayor Hart inquired as to how the Council should respond if there are questions about claims against the City.  Dale Coulam indicated the City has a process for claims being filed and the Mayor and Council need to be cautious about making admissions or negotiating settlements.  The response should simply be that claims are turned over to the City’s insurance company for defense and/or settlement.
C. City Manager, Judy Gubler
Judy Gubler reported that on behalf of Jack Reber, he was thrilled to participate in and be the Grand Marshal for the 24th of July parade.  She indicated that Chief Flowers is present if the Council would like to hear his opinion regarding roundabouts.  Chief Flowers stated he has done some research on roundabouts regarding the safety aspects of roundabouts.  For safety purposes roundabouts are very efficient and highly recommended over stop lights.  There has been a significant reduction in accidents in St. George and Bloomington where roundabouts are used.  He would not want to see a stop light go into Ivins.  Council Member Roberts inquired what the most dangerous intersection is in Ivins.  Chief Flowers indicated currently the majority of the accidents are on Highway 91 due to the speeds on that road.  Mayor Hart requested the discussion of roundabouts and the Transportation Master Plan be an item on a future agenda. 
D. City Attorney, Dale Coulam
Dale Coulam provided a draft ordinance regarding adopting rules of order and procedure.  A copy of the draft ordinance is available by request through Ivins City Hall.  The ordinance will go before the Planning Commission as a Public Hearing and then be forwarded to the City Council for a Public Hearing.
E. Items to be placed on future agendas
Mayor Hart suggested language in the Transportation Master Plan regarding roundabouts be on a future agenda as well as commercial signage and options to defer impact fees for commercial businesses.  The City Council agreed.

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member Roberts moved to adjourn
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

The meeting adjourned at 8:00 p.m.

Respectfully,

Kari D. Jimenez, CMC
City Recorder