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
May 3, 2012

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 Mendenhall, Council Member Roberts, Council Member Densley, and City Recorder Kari D. Jimenez.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Director of Finance Alan Rae, Parks and Recreation Director Benny Sorensen, and Director of Public Safety Bob Flowers.
EXCUSED:  None.
Audience: Claudette Larsen, David Hunt, Lisa Rutherford, Sandra Johnson, Lance Anderson 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 he has a dog as it relates to agenda item 5)B.  There were not other disclosures or conflicts of interest with items on this meeting’s agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Parks and Recreation and Public Safety
Benny Sorensen reported the Parks and Recreation Department is preparing for the Ivins Fitness Festival in conjunction with the Ironman on Saturday, May 5, 2012.  Ivins held the Red Mountain 50k/30k and there were participants from 10 states and 1 Province in Canada.  A baseball tournament was held at UNITY Park on the same day.  Soccer ends tonight and baseball will start in a couple of weeks.  There was one (1) burial in April.
Bob Flowers reported the Police Department has received numerous complaints about speeding through neighborhoods due to construction being detoured through the neighborhoods.  The Police Department has been had an officer in the neighborhoods but has not seen the excess speeds that are being complained about.  The speed trailers are also being utilized.  There was a fire on Wednesday, May 2, 2012 that burned approximately 60 acres in the Anasazi Valley.  The department has been responding with the ambulance to a significant number of call outs and Public Safety employees that have saved lives will be recognized at an upcoming City Council meeting.
B. Planning Commission Report
Chairman Murphy reported the Planning Commission approved an Amended Final Plat on the Taviawk Subdivision 9 Phase A in Kayenta and approved a Final Plat on the Mojave Estates Subdivision with the condition that the Development Agreement is approved.  They continued discussing Chapter 19 of the Ivins City Zoning Ordinance and intend to review it again at the next Planning Commission meeting and then begin working on the Table of Uses.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS
There were two (2) Citizen Comments.  One submitted by Colin Harrison and the other submitted by Lisa Rutherford. 
Mr. Harrison referred to two (2) letters that were published in "The Vent" of The Spectrum Newspaper.  He spoke in defense of Council Member Densley and indicated the letters showed no care for the great community of Ivins and stated it was cowardly to write anonymous letters.
Ms. Rutherford is concerned with speeding and traffic on Painted Hills Drive due to the roundabout construction.  She has observed the excessive speeds on that road.  She also suggested that the speed trailers be equipped with a solar power unit to reduce having to charge them and suggested temporary speed bumps to slow the traffic.  Judy Gubler reported that as of 4:00 p.m. today Snow Canyon Parkway was open and traffic will no longer be detoured through that neighborhood.  If the issues are not resolved by opening Snow Canyon Parkway, the City will look at other possible resolutions.

4) PUBLIC HEARING AND ACTION ITEMS - NONE

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Ordinance No. 2012-02, an Ordinance of Ivins City, Utah, Amending Various Provisions of the Zoning Ordinance Text
Council Member Roberts referred to the State and Federal holidays and requested clarification regarding Sunday being identified as a State holiday.  Dale Coulam indicated Sunday is considered a State holiday and the change as it currently is, developers would be able to fly the balloon every Sunday and once a quarter.  Council Member Roberts does not oppose that but stated he thought the intent of the Council was to identify the holidays to be all Federal Holidays and the 24th of July.  All other Council Members agreed.

MOTION: Council Member Elwell moved to approve Ordinance No. 2012-02, an Ordinance of Ivins City, Utah, Amending Various Provisions of the Zoning Ordinance Text based upon a finding that the changes in section 16.28.103(5) pre-existing non-conforming sign and section 16.21.118 temporary real estate signs, flags and balloons are consistent with the General Plan in the support and promotion of business and section 16.12.104 which establishes a consistency between attached and detached garages, as amended
SECOND:  Council Member Mendenhall
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.
Mayor Hart clarified the amendment makes reference to omitting State holidays in general and including the 24th of July.
B. Discussion regarding tethering of animals
Council Member Mendenhall indicated this agenda item was prompted by an email previously sent by George Jantzen.  When dogs are confined 24/7 without exercise or human companionship, it affects them negatively and causes increased barking.  She referred to research on responsible pet ownership, a copy of which is available by request through Ivins City Hall, and stated there has been a lot of research and many States, Cities and Towns have or are putting into place ordinances for responsible pet ownership.  She inquired if the other City Council members would be interested in doing something to alleviate the problems caused by irresponsible pet ownership and move forward.  The other City Council Members feel Ivins current regulations already adequately address this issue.
C. Presentation of Tentative Budgets for Fiscal Year Ending 06/30/2013 and Estimate to Complete Budgets for the Fiscal Year Ending 06/30/2012
1. General Fund
2. Debt Service Fund
3. Special Revenue Funds
a. Public Safety
b. Streets
c. Parks
d. Habitat
e. Storm Drain
4. Capital Projects Fund
5. Water Fund
6. Sewer Fund
7. Storm Drain Fund
8. Perpetual Care Fund
9. Economic Development Agency Fund
10.Mu nicipal Building Authority Fund
Judy Gubler referred to a PowerPoint presentation regarding budgets, a copy of which is available by request through Ivins City Hall.  The budget process is as follows: The Department Heads present their requests; the City Council prioritizes the needs; the Tentative Budgets are presented to the City Council on May 3, 2012; approval of the Tentative Budgets will go before the City Council on May 17, 2012; a Public Hearing to receive input on the adoption of the approved Tentative Budgets will be on June 7, 2012 and adoption of the approved budgets will be considered on June 21, 2012.  
Judy Gubler explained the following:
Animal Control reduction - in 2013 Animal Control salaries are reduced due to combining resources with Santa Clara.  
Baseline for Animal Control - last year at budget time the City Council inquired if there was a baseline for animal control versus the No Kill philosophy costs.  That is difficult to determine.  For example, if the Animal Control Manager is doing something, how does the City separate what’s for baseline and what is for No Kill.  Chief Flowers did some research and in the City of St. George’s FYE 2012 budget, they are spending $86.25 per animal with approximately 50% of their animals being euthanized.  Ivins is spending $150.00 per animal.  St. George’s cost is approximately 57% of Ivins and that is the best that could be determined for a baseline.  Council Member Elwell referred to the baseline for animal control and indicated it surprised him and inquired what it was based on.  He stated that St. George City receives very little money from drop-off and adoption fees whereas Ivins City receives an unusual amount of money from drop-off and adoption fees because Ivins doesn’t kill the animals.  He realizes the money from those fees doesn’t go into the Public Safety budget or animal budget and goes into the General Fund.  He indicated that has to weigh against what monies Ivins spends per animal in the shelter.  There are two (2) organizations that are in place where very little veterinarian expenses and nearly no food is being paid for by the City.  He questioned the $150.00 per animal as to what the basis is. Judy Gubler will forward the research information from Chief Flowers to Council Member Elwell.  Mayor Hart thought that the fact that Ivins keeps the animals for a longer period of time and the staff hours allocated to a particular animal would probably account for the majority of the difference.  Council Member Elwell understood and wants the City to be aware that Ivins generates a lot more income from fees that in reality needs to be looked at reducing the cost of $150.00 per animal.  Alan Rae stated that when you’re doing the analysis, the City pays to the baseline point and the volunteers are supposed to pay the difference so the donations should not be part of the analysis because those are what pays the other half. Council Member Mendenhall stated there are a couple of people who have donated money directly to the animal shelter in excess of $500 and are questioning where that money actually goes and would the shelter be able to account for it.  Judy Gubler indicated the animal shelter doesn’t receive money itself, it goes into the General Fund.  There is a line item for revenue used for the animal shelter but it isn’t broken down to show if the money went to dogs versus cats versus repair of a cage or similar.  Council Member Roberts suggested if an individual would like to donate to Ivins No Kill Animal Shelter they can donate directly to FIAS (Friend of Ivins Animal Shelter) or INKAS (Ivins No Kill Animal Supporters). Alan Rae stated the budget for the animal shelter is in total. Some of the money for the shelter comes from the City and some of the money comes from donations. Ivins' auditors are looking into the option of being able to legally have a Special Revenue Fund for the animal shelter.
COLA (Cost of Living Allowance) comparison to private and other municipalities - Not all entities held salaries sice 2008.  Staff has not had an increase since Aug. 2008. To go back and compare every year is difficult. In 2009 40% froze salaries and in 2010 14% froze salaries.  She would hope that she will be able to tell the staff they are worth today what they were in 2008.  The majority of the reserves from 2008 to the present were built up due to capped salaries.
Bus service - continue discussions with St. George
Power - $110,000 is included in the budget for a Power Assessment.
Alan Rae referred to the budget document and stated the City followed the recommendations and protocol of the GFOA (Government Finance Officers Association) again this year. The format set up begins with a summary of the major documents in the budget that are highlights and it is then followed by the priorities and goals of each of the Department Heads.  The next two weeks is the City Council’s time to determine what needs to be changed or proposed.
Council Member Densley referred to the VA facility and inquired if there will be a tax from the facility.  Alan Rae indicated there is no tax for the VA hospital other than on medical supplies that the VA actually sells.  Council Member Densley is an avid fan for the bus service and stated it’s an investment.
Judy Gubler invited the Mayor and City Council members to discuss the budget with her and/or Alan Rae between now and the next City Council meeting and Council Member McDonald encouraged the City Council members to ask questions prior to the next meeting.
Mayor Hart requested a brief explanation of the ambulance billing software.  Alan Rae stated in 2008 when the City began the ambulance service, the City contracted out with JCI Billing.  Currently the City is paying approximately $400 a month for that service.  Ivins City employee Terri Fabio is a Certified Ambulance Coder and can bill for Ivins City.  The JefBar Ambulance Billing software will cost the City a one time purchase of $5,000 as well as an annual maintenance fee of $900 per year.  After the first year it will be considerably less expensive for the City to handle its own billing.  The primary advantage of the City doing it’s own billing is having the information on what’s being collected and what’s not being collected.  Currently the City sees what money is received but the City doesn’t know how that compares with the total billed, written off and the like.  Handling the ambulance billing in-house will provide Ivins City with a greater management tool for significantly less money.

6) CONSENT AGENDA
Council Member Elwell requested item A be removed from the Consent Agenda.
B. Approval of expenditure of $5,000 for JefBar Ambulance billing software
C. Approval of Meeting Minutes for April 5, 2012
D. Approval of Meeting Minutes for April 19, 2012

MOTION: Council Member McDonald moved to approve Consent Agenda items B, C and D
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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

A. Approve an Interlocal Agreement for use of school facilities and school buses during an emergency
Council Member Elwell referred to the second page of the Interlocal Agreement under item 2 "Mutual Aid in an Emergency" and inquired if the City were to take possession of a facility and that facility were to be damaged because of a continuing event, he inquired if subparagraph 2) on the third page of the agreement sufficiently addresses that.  Dale Coulam stated that is typical language in all of the Mutual Aid Agreements.  Generally in a mutual aid situation an agency can call upon the resources of another agency that may or may not provide the requested resources.  Council Member Elwell referred to the language that the facility and buses should be returned to the condition as they were before the City took possession of them and was concerned with the City being liable.  Dale Coulam clarified that the City may be liable for damages.  The principle is that if you borrow something, you return it in the same condition as when it was borrowed.  In the Interlocal Agreement there is an indemnity clause where there would be an additional insured on the insurance policy and the insurance companies end up fighting it out amongst themselves.  The County would look to the City first and then to the insurance companies through subrogation. Council Member Densley inquired who classifies an emergency.  Dale Coulam stated it starts at the local level and if the emergency is broader than the City, the County would declare an emergency, then the State and then the Federal Government.

MOTION: Council Member Elwell moved to approve Consent Agenda item A
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION

8) REPORTS
A. Council
Council Member Elwell - no report
Council Member McDonald - no report
Council Member Mendenhall - no report
Council Member Roberts - no report
Council Member Densley referred to the Business Directory and indicated Terri Fabio has done a fantastic job.  Everyone who has a business license in Ivins is listed in the directory and it will be sent by bulk mail to Ivins residents.
B. Mayor
Mayor Hart reported he attended a quarterly meeting with Washington County Water Conservancy District where they reviewed the short and long term planning needs of the County.  The Mustang Club of America held an event at Tuacahn.  There were over 300 Mustangs and some had driven from as far as Florida.  On Saturday, May 12, 2012 the Hot Rod Club will be holding a big event at Tuacahn.
C. City Manager, Judy Gubler
Judy Gubler reported the City has received a draft agreement regarding combining law enforcement services with Santa Clara and it is being reviewed.
D. City Attorney, Dale Coulam
Dale Coulam referred to insurance renewals and indicated the City put out an RFP (Request for Proposals) for liability coverage.  There were five (5) requests sent but only the three (3) that insure cities in Utah responded i.e. - ULGT (Utah Local Governments Trust) URMMA (Utah Risk Management Mutual Agency) and Olympus Insurance.  Ivins' experience rating with the ULGT is very favorable and one of the most favorable in the State so there will be no increase this year in the premium for liability coverage.  On the health insurance side, the increase will be about half of what was anticipated and that is because of the favorable experience rating and the new healthcare laws.
E. Items to be placed on future agendas - None

9) CLOSED MEETING

10) ADJOURNMENT

MOTION: Council Member McDonald moved to adjourn
SECOND:  Council Member Mendenhall
VOTE: The motion carried unanimously.

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

The meeting adjourned at 7:30 p.m.

Respectfully,

Kari D. Jimenez, CMC
City Recorder