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
November 21, 2013

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 Roberts, and Council Member Densley.
STAFF: City Manager/Attorney Dale Coulam, Director of Public Works Dave Glenn, City Engineer Chuck Gillette, Building and Zoning Administrator Kevin Rudd, and City Recorder Kari D. Jimenez.
EXCUSED:   Council Member Mendenhall
Audience: David Andrews, Colin Harrison, Rob Rousen, Lance Anderson, and others who did not sign in.
A. Acknowledgement of Quorum
Mayor Hart acknowledged the Quorum and indicated that Council Member Mendenhall was excused.
B. Flag Salute
Council Member Densley led the Flag Salute
C. Invocation
Council Member Densley gave the Invocation
D. Disclosures
There were no disclosures or conflicts of interest with items on this meeting's agenda.

2) REPORTS, PRESENTATIONS AND APPOINTMENTS
A. Department Reports: Public Works, Engineering and Building Department
Dave Glenn provided a Monthly Summary.  A copy is available by request through Ivins City Hall.  He reported that the street improvements in the Del Coronado subdivision are wrapping up.  Every year concept reports are submitted to the MPO (Metropolitan Planning Organization) for potential funding on certain projects.   We submitted for 200 East improvements and more funding for Highway 91.  The Advisory Committee went on a tour of all of the projects that were submitted for the funding.  They'll decide within the next couple of weeks.  He referred to a gentleman who inquired about improvements along 400 East, north of Desert Rose Subdivision, Rod Christiansen's property.  They spoke to the owner who is willing to deed the necessary property to the City and have the City install the improvements.  The City Council agreed to move forward with obtaining the costs on installing the improvements. 
Dave Glenn also discussed how their department has taken over the fire hydrant flushing from the fire dept because they can maintain and flush at the same time.  Staff has also been cleaning, tagging, and inventorying the storm drains to prepare for the upcoming audit.  Council Member Densley asked about the project on Snow Canyon and Bluff.  Dave Glenn responded that it is a high pressure gas regulating station. 
Chuck Gillette reported there is progress on the Center Street widening design and expecting advertisement in February.  The Tuacahn Wash improvements are now 100% complete.  The Del Coronado project is technically 95% complete.  We're waiting for a pending action on the change order; that will be discussed later.  We finished the scoping process for the Natural Resources Conservation Services (NRCS) rehabilitation plan for the dykes.  Next week we're expecting to advertise a bid set for recoating the tanks in Taviawk.  The plan is to install all lighting on Center Street and will start sometime in January, 2014.
B. Planning Commission Report
Lance Anderson reported that the Planning Commission approved a Class 5 Casita application and a final plat for Ivy Place Subdivision 50 W 200 S.  They began discussion of the design requirements and sensitive land issues in regards to multi-family residential and commercial properties.

3) CITIZEN COMMENT & REQUEST FOR FUTURE AGENDA ITEMS - NONE
Two Citizen Comment forms were submitted - David Andrews and Colin Harrison.
David Andrews resides at 307 Puerto Drive and commented that Puerto Drive has become the truck route into Ivins.  He called Chuck Gillette and emailed the Mayor and after that the amount of trucks slowed as well as lowering their speed.  He questioned a residential street that goes past two schools as being a major collector.  He mentions other streets they could use that are more industrial; he suggested 200 East.  He explains that it is construction trucks and they are leaving large rocks and dirt on the road.  He mentioned he sees very little law enforcement on that road.  So combined with the trucks and the school at the end, and the parents are speeding through there.  He thinks a change needs to happen now. 
Colin Harrison requested that Ivins make a generous contribution to Toys for Tots.  This program has been run for 66 years.  They've given over 20,000 less fortunate children presents that are associated with their age.  Council Member Densley inquired if they're still going to the Indian Reservation with the program?  Colin replied yes if they are told they need help.  Toys for tots works in conjunction with Coins for Kids.  Dale Coulam stated that the city does support Toys for tots in the form of toys and has a box in the lobby.  The city also sponsors a race Run Run Reindeer event where everyone is asked to bring an unwrapped toy with them as part of their registration for the event.  We collect multiple full boxes of toys from the event.  We also contribute financially to Coins for Kids.

4) PUBLIC HEARING AND ACTION ITEMS

5) DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discussion regarding authorization to proceed with a letter of support for the Kids on Ice program
Mayor Hart explained that this came about by a Citizen Comment at the last City Council meeting.  Council Member Elwell asked if Mr. Sadler was present to answer any questions.  Dee Sadler said their purpose of attending the meeting was to outline the end result.  They want to survey the public to see what the public support is.  Based on that survey, they may then ask for a letter of support.  Mayor Hart confirmed that Saddler was looking for consent for them to conduct a poll even though that isn't required.  Saddler commented yes and as a matter of courtesy.  Council Member Densley inquired if they thought of having schools participate in a hockey program and if so how would that program work?  John R. Crosher answered that they have participation with Washington County School District to participate in the hockey program.  It'll be run in house with Kids on Ice and eventually as it expands, it will lead into individual teams.  Council Member Densley inquired if John had done this previously in any other city?  John stated that he hasn't done this before but has been a participant in this type of a system.  Council Member Roberts asked if they intend to ask municipalities for money.  John said they are going to raise their own money and eventually all they'll need to ask for is the land.
B. Discuss and consider approving a Settlement Agreement between Ivins City and Doug Barnum
After Mayor Hart confirmed with Dale Coulam, Mayor Hart requested this item be tabled indefinitely.

MOTION: Council Member McDonald moved to table item 5)B
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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

C. Discuss and consider approval of change orders to Contract No. 13-04 Del Coronado - Indian Shadows 2013 Street Improvements for inclusion of 325 West Street reconstruction
Chuck Gillette indicated this is an option to extend the project.  The estimate in the report needs to be revised because there isn't enough base to pulverize the road and re-use the base.  He handed out a revised estimated.  They will be using the valley gutter concept since installing curb would require lowering the existing road surface or raise the existing sidewalks.  However if they can do it without too many conflicts they may purpose a modified curb which would lower the cost by about $8,000 or $9,000.  The Contractor on Del Coronado is ready to start the first week of December if it's approved.  Council Member Densley asked if it is part of a SID (Special Improvement District).  Chuck Gillette replied no, because the resident's allocations were based on the sidewalk portion.  This project has existing sidewalk where the SAA (Special Assessment Area) did not.  Council Member MCDonald asked if there are many complaints from residents in that area.  Chuck said no but mentioned a drainage problem up there.  There's one drain that creates a pond and runs through another lot and then into his home.  But that's not why he's pushing the project and has done this for other parts of the City.  Council Member Densley asked if the sidewalk is going to be acceptable?  Chuck said they'd be replacing 10% of the sidewalk.  The sidewalk is coming to pieces and unraveling because there's no curb and gutter.  Hart stated that there's no point in re-doing the road if there's no storm control.  Council Member MCDonald asked where this is on Ivins reconstruction streets list.  Dave thinks it's on the list but would need to check.  Mayor Hart stated the project the City is just finishing in Indian Shadow and Del Coronado also had sidewalks in place.  That is why the residents weren't called upon to contribute.  Even with the change order, we're still looking at exceptional unit pricing.  If we try to go through an SAA particularly where residents are not asking for this to be done, costs would be higher.  Asphalt is expected to increase significantly over the next five years.  Council Member Elwell doesn't like the short window to decide.  He'd like to go out and look at the property.  He also likes the idea of closing all of the holes.  Council Member MCDonald stated that at some point all roads have to be re-done and that road is very old and is support of going forward with the reconstruction of it.  Council Member Roberts indicated that in the long run the savings is now and where we've done this in the Del Coronado and it falls under the same parameters and is in favor of it.  He mentioned he is also concerned with the short notice.  But where we can save money in the long run, he's for that.  Mayor Hart added that the contractor has agreed to use his unit pricing and the advantage of that is it becomes part of the same project and lowers the unit pricing.  If we had to bid out a separate project the bid would come in different then we're looking at here.  Council Member Elwell clarified that there have been complaints and several citizens have contacted him over the years about a portion of that road and the flood control issues.

MOTION: Council Member McDonald moved to approve change orders to Contract No. 13-04 Del Coronado - Indian Shadows 2013 Street Improvements for inclusion of 325 West Street reconstruction not to exceed $115,000
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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

D. Discuss and consider approval of Ordinance No. 2013-15, an Ordinance of Ivins City, Utah, Amending Section 3.12.303 of the Ivins City Code Regarding Procurement of Professional Services
Dale Coulam mentioned that this is something that Chuck and Dave have been discussing for some time.  The current process is burdensome and costly.  The way it's worded, they have to request approval from the City Council prior to even advertising an RFP (Request for Proposal).  The 2nd change is regarding the amount.  For a formal RFP it was set at $10,000 which is fairly low.  The State limit is $100,000 and staff has suggested $50,000.  The final change is to clarify that anything $10k and above the Council will approve and anything below $10k the Department Head making the request and the City Manager will approve.  We think this will streamline the process.  City Council agreed with this proposal. 

MOTION: Council Member Elwell moved to approve Ordinance No. 2013-15, an Ordinance of Ivins City, Utah, Amending Section 3.12.303 of the Ivins City Code Regarding Procurement of Professional Services
SECOND:  Council Member Densley
VOTE: The motion carried unanimously.

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

Roll call vote. All Council Member voted in favor.
E. Discuss and consider approval of Ordinance No. 2013-16, an Ordinance of Ivins City, Utah, Adopting the City Council Meeting Schedule for the Calendar Year of 2014
Council Member Roberts has concerns about the July 3rd meeting being so close to the July 4th holiday.  Mayor Hart mentioned the schedule can be amended later on if needed.  The City Council agreed to proceed.

MOTION: Council Member Densley moved to approve Ordinance No. 2013-16, an Ordinance of Ivins City, Utah, Adopting the City Council Meeting Schedule for the Calendar Year of 2014
SECOND:  Council Member McDonald
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Member voted in favor.
F. Discuss and consider approval of Resolution No. 2013-12R, a Resolution of Ivins City, Utah, Amending the Consolidated Fee Schedule
Dale Coulam mentioned there are a couple of changes.  The first clarifies that lower rates could be used for special adoption events.  The next addition is the Water & Sewer Connection Fees.  The final change is under Ambulance Services.  We can bill for medical supplies, as well as wanting to establish some Non-Transport Fees.  This will enable us to charge for services even if there's no transport rendered.  Medical supplies can be charged for both transport and non-transport fees.  

MOTION: Council Member Roberts moved to approve Resolution No. 2013-12R, a Resolution of Ivins City, Utah, Amending the Consolidated Fee Schedule
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.
G. Discuss and consider approval of Resolution No. 2013-28R, a Resolution of Ivins City, Utah, Amending Ivins City Employee Handbook
Dale Coulam reviewed the changes with the Council.  The primary change was a result of the Affordable Care Act and now specifies two types full-time employees, level 1 and 2.   Level 1 Full-Time employees shall be eligible for the same health care benefits offered to Level 2 Full-Time employees as required by the Affordable Care Act.   However, there are several other benefits defined by the city policy.  Level 2 Full-Time employees are entitled to all of the benefits currently offered to full-time employees.  Another change recommended is to allow 80 hours carryover of both unused vacation and sick leave verses 40 hours.  The final change is a clarification on workers compensation.  Council Member Roberts thinks the carryover time is fair and goes back to policy of people willing to donate their time and now they'll be much more willing to donate if they are allowed to carry over more.  Council Member Elwell inquired on section 13 and wondered if it is necessary to put in language that if it is an incapacitating injury who would file the employee's information?  Dale Coulam clarified that it's the Supervisor who makes the report, then Human Resources reports to the insurer.  Council Member Elwell asked particularly about the 24 hour reporting time period if the accident is incapacitating.  After conversing, it was agreed to change the word "must" to "should" in the last sentence of the paragraph.  City Council agreed to change the word to should.
Council Member Elwell inquired if the 80 hours is sufficient?  Council Member Roberts said to try it for this year and then ask the employees what they think.
Council Member Densley inquired if it's really known what the guidelines are on the Affordable Care Act.  Dale Coulam replied no, but we have to comply.  Dale stated that Spectra Management, the city's insurance broker, has done an excellent job on keeping the city advised on the changes with the Affordable Care Act.

MOTION: Council Member Densley moved to approve Resolution No. 2013-28R, a Resolution of Ivins City, Utah, Amending Ivins City Employee Handbook, as amended
SECOND:  Council Member Roberts
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.
H. Discuss and consider approval of Resolution No. 2013-29R, a Resolution of Ivins City, Utah, Appointing an Individual to the Southern Utah Shooting Park Board
Dale Coulam indicated this is a formality.

MOTION: Council Member McDonald moved to approve Resolution No. 2013-29R, a Resolution of Ivins City, Utah, Appointing John Hart to the Southern Utah Shooting Park Board
SECOND:  Council Member Elwell
VOTE: The motion carried unanimously.

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

Roll call vote.  All Council Members voted in favor.

6) CONSENT AGENDA
A. Approval of UDOT’s federal aid agreement and local government contract for Old Highway 91 Improvement project and approval of expenditure of City matching funds
B. Approval of Meeting Minutes for November 7, 2013
C. Approval of Special Meeting Minutes for November 12, 2013

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

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


7) CONSENT AGENDA ITEMS FOR DISCUSSION - NONE

8) REPORTS
A. Council
Council Member McDonald - no report
Council Member Elwell - no report
Council Member Roberts reported on the Mosquito Abatement meeting that Mario, the Doctor in charge, turned in a letter of resignation and is going to California for better pay and to do research.  During this past summer there were 4 human cases of West Nile virus, 4 horse cases and one death of a human but when sent to the State the cause was not verified.  He has the reports for all of the different counties across the state if they'd like a copy.  The CARE (Cultural Arts and Recreation Enhancement) meeting was held Tuesday and is moving forward.  Ivins is well represented.  There are two more meetings in December.
Council Member Densley mentioned the Snow Canyon meeting on December 5, 2013.
B. Mayor
In the DTEC (Dixie Transportation Executive Council) meeting this week it was brought up that there's a local option fuel gas tax being considered and legislature is going to act on it in some form in the next legislative session.  The Counties throughout Utah are experiencing the same problem.  The Municipalities, the County and the State rely on essentially a user tax which is what the fuel tax is.  The assumption is people are buying gas.  That translates into lane miles which means use of the highway and that will require maintenance.  As cars are becoming more economical with fuel mileage, the amount of gas that's used for a particular amount of travel is less.  Thus the tax is reduced and potentially increasing the lane miles.  We're headed to a serious situation long term and under discussion for some time to come up with a formula that would allow Cities, Counties and State to be able to recover enough to maintain the roads.  Because what has been happening is the revenue for road maintenance has been systematically going down and is to the point where it's alarming.  The extreme effect could be exhibited by a county in northern Utah where they are rotomilling up rural roads and converting what used to be asphalt roads to gravel roads.  They're doing this because they lack the funds for road maintenance.  We're going to have to take a look at long term at how we are going to fund road repairs.
The letter is it to inform the council that the Metropolitan Planning Organization (MPO) will make a presentation and will ask the city to provide a letter of support to the legislature.  The Mayor will send Dale some information explaining more on this to distribute to the council.
Mayor Hart asked if the council was inclined to donate to to the Toys for Tots and Dale Coulam replied that the limit is $250.  He will look at the budget. 
C. City Manager/Attorney Dale Coulam
Again, just a reminder of the Christmas party that is on Dec. 6th at 6:00 pm.  Last year Rocky Mountain Power donated $1,000 towards the Eagle statue at the Veterans Home so I wrote a letter requesting they donate to the center street roundabout.  We received a $1,000 check this week.  If funds are available next year, we may ask for a second donation for the center piece.
D. Items to be placed on future agendas
Mayor Hart referred to the issue in Citizen Comment regarding traffic on Puerto.  I'm sympathetic but am not sure what can be done.  Dale Coulam commented that it's a public street but if speeds are being exceeded they'll need to enforce that.  If trucks doing anything illegal they can cite for that.  But if it's a weight issue, that's Utah Highway Patrol area.  If the trucks are dropping the loads on the road, we can cite that but it takes man hours to sit and watch one road.  Mayor Hart mentioned he has seen other cities that have designated truck routes and inquired if that's a possibility.  Dale Coulam said they would need to look into that.  Council Member Elwell dealt with that in California on California Highway Patrol.  Once he starting pulling over the trucks for weight and such, they stopped using their City for a short cut and went another route.  He's a user of Puerto everyday and has not seen an unusual amount of traffic, especially when you consider the projects that have gone on in the city.  Mayor Hart replied that this starts with staff and that Dale should get with the Chief to look for ideas.
Council Member Densley wanted to mention the signs on Center Street, saying "Veterans - Gas - Groceries".  He commented on how good they looked.
He also asked to get a report from Chuck on the wall progress that was approved on the round-a-bout and how the statute is coming.  Dale Coulam mentioned the model was up at the foundry for scanning and enlargement.  So the statue is in process, but there's quite a bit of detail that goes into that.  Mayor Hart mentioned that there is a need for some discussion about cameras and hostile vegetation around the statute to deter vandalism.  Council Member Roberts wanted to add that he had an individual ask if there's anywhere zoned in the City for an indoor shooting park.  Dale Coulam would have to say no since it's not listed in the in list of uses and it's been the trend that most have been closed down because of the lead problem.  
Council Member Roberts suggested possibly putting it on as a discussion item in January during the open request time.

9) CLOSED MEETING - NONE

10) ADJOURNMENT

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

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

The meeting adjourned at 7:25 p.m.

Respectfully,

Kari D. Jimenez, CMC
Ivins City Recorder