City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, October 23,2018 Notice is hereby given thai the River Heights City Council will hold its regular council meeting beginning at 6:30 p.m. in the River Heights City Office Building at 520 S 500 E. Opening Remarks (Clausen) and Pledge of Allegiance (Wilson) Adoption ofPrevious Minutes and Agenda Reports and Approval ofPayments(Mayor, Council, Staff) Public Comment Discuss Purchasing Water Shares from Westons Discuss No-Fault Utility Claims Ordinance Adjourn Posted this IS^'' day of September 2018 Sheila Lind, ^^ecorder Attachments for this meeting and drafts of previous meeting minutes can be found on the State's Public Notice Website (pmn.utah.gov) In compliance with the American Disabilities Act, individuals needing special accommodations (including auxiliar)' communicative aids and services) during this meeting should notify Sheila Lind,(435)770-2061 at least 24 hours before the meeting. 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435) 752-2646  River Heights City 3 Council Meeting 4 5 October 23,2018 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Doug Clausen 10 Elaine Thatcher 11 Dixie Wilson 12 13 Recorder Sheila Lind 14 Public Works Director Clayten Nelson 15 Finance Director Clifford Grover 16 Treasurer Wendy Wilker 17 18 Excused Council members Blake Wright 19 Robert"K" Scott 20 21 Others Present: Cindy Schaub 22 The following motions were made during the meeting: 25 26 Motion #1 27 Councilmember Clausen moved to "adopt the minutes of the council meeting of October 9, 28 2018 and the evening's agenda." Councilmember Wilson seconded the motion, which passed with 29 Clausen, Thatcher and Wilson in favor. No one opposed. Scott and Wright were absent. 30 31 Motion #2 32 Councilmember Thatcher moved to "pay the bills as listed." Councilmember Clausen 33 seconded the motion, which passed with Clausen, Thatcher and Wilson in favor. No one opposed. 34 Scott and Wright were absent. 35 36 37 Proceedings of the Meeting: 38 39 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 40 the River Heights City Building on Tuesday, October 23,2018 for their regular council meeting. 41 Opening Remarks and Pledge of Allegiance: Councilmember Clausen opened the meeting with 42 a thought and Councilmember Wilson led the group in the Pledge of Allegiance. 43 Adoption ofPrevious Minutes and Agenda: Minutes for the October 9, 2018 meeting were 44 reviewed. iviiiiurimighio C'wyi 520 South 500 East River Heights, Utah 84321 Phone & Fax(435)752-2646 45 Councilmember Clausen moved to "adopt the minutes ofthe council meeting of October 46 9,2018 and the evening's agenda." Councilmember Wilson seconded the motion, which passed 47 with Clausen, Thatcher and Wilson in favor. No one opposed. Scott and Wright were absent. 48 Reports and Approval ofPayments(Mayor. Council. Staff): 49 50 Public Works Director Nelson 51 • The 700 South sidewalk project has made a little progress. 52 • Engineer Rasmussen is finishing up the design for the 1000 East sidewalk. They will meet 53 tomorrow to finalize it. To get the project going faster, Mr. Rasmussen has suggested 54 contacting three contractors who have done a good job in the past and ask them to bid the 55 project. Councilmember Clausen was concerned if this would be legal. 56 • Councilmember Clausen asked if would be done within the time limit. Mr. Nelson felt it would 57 be since they have 100 days from start to finish. Mayor Rasmussen had some concern about 58 the December 31,2018 grant deadline. Mr. Nelson will verify the funding stipulations with 59 Engineer Rasmussen and discuss going through the correct bidding procedures on the 1000 60 East sidewalk project. 61 • Cindy Schaub asked who would be cleaning the 700 South sidewalk in the winter. Mr. Nelson 62 said property owners are responsible. He is hoping The Falls will take care of their section on 63 the hill. 64 • The city received a donation(an elliptical) from Icon for Apple Days but then didn't use it 65 because there wasn't a raffle held. He asked what he should do with it. Councilmember 66 Clausen asked for the discussion to be on the next agenda to give them time to think about it. 67 • Mr. Nelson has been reviewing the city's insurance policy to make sure everything (equipment, 68 property, etc.) is listed as covered. He noted the Old Church building is not covered and thinks 69 it should be. If it ends up being insured by the city, he'd like to be able to have access to a 70 room or two to store city equipment. Treasurer Wilker remembered (about three years ago) 71 someone from the Trust came and evaluated all the city properties. After which, the Old 72 Church wasn't listed anymore. She can't remember the reasons for the decision. 73 Councilmember Clausen asked Ms. Wilker to call the Trust to find out. Mayor Rasmussen will 74 ask Michael Ballam for a copy ofthe Opera Company's current insurance policy. Recorder 75 Lind will check the minutes. 76 • He has received a couple truck bids. It normally takes a couple months for the new truck to get 77 here once it's ordered. The price for a Dodge is $31,084. A Chevy would be $35,000. He has 78 checked blue book on both. At two years old, the vehicles will be worth more than that. 79 Mayor Rasmussen asked about the market for selling the used truck. Mr. Nelson said it took a 80 while to sell it a couple years ago and suggested by using a different method, it would sell 81 much faster. He informed that buyers are interested in a back up camera. It would cost an 82 additional $723 to get the Dodge with one installed on the dash, which would bring the price to 83 31,807. The council gave their consent for him to order it. 84 85 Finance Director Grover 86 ♦ Mr. Grover explained the information he handed out regarding the Public Treasurers' 87 Investment Fund (PTIF). Since the fund started in 1981 they have never lost money. If a 88 transfer request is made by noon the funds will be in our account by noon the next day. 89 Currently the city has $307,500 in the PTIF. He suggested transferring another 500,000 (all 90 idle funds). The city could earn $24,000 in interest/year on this amount. He discussed rates River Heights City Council Meeting, 10/23/18  from the other investment fimds where the city currently has money. He suggested keeping $250,000 in the Zions checking account. Councilmember Clausen was concerned the PTIF 93 wasn't insured and suggested moving less than $500,000. Mr. Grover pointed out again that 94 they have never lost money and he didn't see a good reason not to transfer the $500,000. The 95 council gave their consent. 96 97 Treasurer Wilker 98 • Ms. Wilker presented the list of bills to be paid. She explained the Landmark pay request had 99 already been sent. Its been approved by Engineer Rasmussen. Landmark was anxious for their 100 check and the council had previously approved the full project amount,therefore. Mayor 101 Rasmussen approved payment ofthe request. PWD Nelson suggested the city decrease the 102 amount of times contractors are paid during a project. He felt this sidewalk project would have 103 gone faster ifthey were only paid 50% in the middle, and the rest upon completion. 104 105 Councilmember Thatcher moved to "pay the bills as listed." Councilmember Clausen 106 seconded the motion, which passed with Clausen,Thatcher and Wilson in favor. No one 107 opposed. Scott and Wright were absent. 108 109 • Ms. Wilker informed that open enrollment for Select Health and Opticare is coming up. Lucas 110 Rounds, of Cache Valley Insurance, has said the rates and premiums will not change for the 111 next year. She asked for permission to sign up again. She was asked ifthe employees were 112 happy with this plan. She hadn't heard any complaints. PWD Nelson said he felt it was comparable to other plans and was fine staying with these plans. The Council gave their consent. 115 •At the request ofthe mayor, Ms. Wilker discussed her findings on insurance coverage for 116 participants of city events and anyone using city vehicles. Mayor Rasmussen read an email, 117 which said volunteers and participants (in the parade and other activities) would be covered, 118 however, they suggest having a roster ofthose involved. All city personnel and coimcil 119 members are covered when driving city vehicles. Drivers should be 21 or older. Non- 120 employee riders should be limited in city vehicles. Mayor Rasmussen asked that others in the 121 city be made aware when someone outside the city is riding. 122 123 Councilmember Thatcher 124 • Ms. Thatcher has found a company that can give her information about restoring the Old 125 Church. She will report what she finds out from working with them. 126 127 Councilmember Scott was absent. 128 129 Councilmember Clausen didn't have anything. 130 131 Councilmember Wilson 132 • Ms. Wilson reported that she, Councilmember Wright and PWD Nelson will be meeting 133 tomorrow to discuss possibilities on the city's four acre park north ofthe cemetery. 134 Councilmember Wright was absent. River Heights City Council Meeting, 10/23/18 137 Recorder Lind didn't have anything. 138 139 Mayor Rasmussen 140 • It was decided the city Christmas party would be held on December 11 at 6:00 pm after a short 141 5:00 pm council meeting. 142 143 Public Comment: There was none. 144 Discuss Purchasing Water Shares from Westons: Councilmember Clausen stated the Westons 145 have 32.5 shares they are not using. He proposed the city offer them $250/share and pay the $870 146 yearly fee, which they are in arrears. Mr. Clausen would like the city to acquire as many shares as 147 possible. If the irrigation company goes under at some point and the city took it over, it would be good 148 for the city own a lot of the shares. He was asked if the irrigation company has other shares that are 149 available. He didn't know but, was willing to check. PWD Nelson suggested the city get all the extra 150 shares possible. Mayor Rasmussen felt this would put the city in a good position to curtail water flow 151 to benefit the city's own system. Councilmember Wilson asked if the city would be willing to sell 152 their shares to a landowner if requested. They felt shares could be sold on a case by case basis. The 153 vote to purchase additional shares will be put off until the next meeting when all councilmembers can 154 be in attendance. 155 Discuss a No-Fault Utility Claims Ordinance: Councilmember Clausen felt the ordinance 156 looked great and recommended scheduling a public hearing for its adoption at the next council meeting 157 on November 13. 158 The meeting adjourned at 7:30 p.m. 159 160 161 162 ^ j^ I j Sheila Lind, Re^yrd 163 Todd A. Rasmussen, Mayor River Heights City Council Meeting, 10/23/18  River Heights City Bills To Be Paid 10/23/2018 Paycc Description Admin. P&Z Parks/Rec Pub. Safety Com. AfT. Roads Water Sewer Total 1 Bear River Health Dept Water Coliform Testing $40.00 . . $40.00 2 Cache Valley Publishing P &Z Public Hearing $43.55 $43.55 3 City ofLogan Garbage,'911,Sewer $14,195.46 $2,016.00 $11,589.51 $27,800.97 4 Comcast Office Internet $21.98 $21.97 $21.97 $65.92 5 Dunes & Jenkins Legal Fees General $360.00 $360;0d 6 Dominion Energy Gas $12.63 $19.72 $12.63 $59.55 $12.63 $117.16 7 Ferguson Enterprises, Inc. Blue Stake Paint $11.10 $11.10 8 Landmark Companies 700 South 2nd Progress Payment $52,249.39 $52,249.39 9 Logan City Water Consumption $642.00 $642.00 JO Roci^ Mountain Power Electricity $93.48 $61.55 $25.63 $1,161.37 $4,085.54 $24.24 $5,451.81 11 Roto Rpoter Soccer Porta Potties $100.00 $100.00 12 Thomas Pettoieum Fuel for City Vehicles $26.92 $26.92 $26.92 $26.92 $107.68 13 Todd Rasmusscn Red Vines for Movie in Park $16.44 $16.44 14 Utah Local Government Trust Workers Comp 2 Months plus Credit $27.57 $42.33 $129.25 $163.72 $172.33 $535.20 15 16 17 18 19 REPRINTING LOST CHECK 20 Porters File Cabinet $1,160.00 $1,160.00 21 22 23 24 25 26 JUNES 27. Intermountain Traffic Safety Signs, Poles, Late Fees POFY2018-P0006 $2,990.01 $2,990.01 28 PorsgFMi & Associates They Missed Billing Us $62.50 $62.50 29 30 31 VISA Paid 10/23/2018 $208.43 32 Adobe Monthly Office Adobe $15.98 $15.98 33 Google Monthly Office Gmml $50.00 " $50.00 34 Nextiva Monthly Office Phones & Fax $132.46 $132.46 35 DRI Crash Montly Office Back Up $9.99 • $9.99 36 37 38 39 40 41 42 43 44 45 46 r' Page 1 ;SubT^ls $16,142.05 $43.55 , $250.52" $2,041.« 516.44 $56,569.57 $5,050.80 $11,847.60 $91,962.16) Page 1 Total Amount to be Paid $9.1,962j.l^i River Heights City 10/23/18 5:37 PM Bank Account Interest Rate Analysis Projected Interest Account Balance Income With Interest Income Before Balance Additional Before Balance Net Increase In Rate Transfers Investrment In PTIF Transfers Interest Income Lewiston State Bank 0.1300% $ 247,101.41 $ 6,419.45 $ 321.23 $ 6,098.22 Cache Valley Bank 0.5000% $ 249,910.71 S 6,492.43 $ 1,249.55 S 5,242.88 ZIons Bank-Savings 0.1800% $ 240,329.35 $ 6,243.52 S 432.59 $ 5,810.92 PTIF 2.5979% $ 307,500.03 $ 7,988.54 $ 7,988.54 $ ZIons Bank - Checking (excess) 0.0000% $ 250,000.00 $ 6,494.75 S - S 6,494.75 Total $ 1,294,841.50 $ 33,638.69 $ 9,991.92 $ 23,646.77 River Heights City Checking Account Summary 10/01/17 to 09/30/18 Monthly Net Statement Date Beginning Balance Deposits/Credits Charges/Debits Checs Processed Ending Balance Change 10/31/2017 $ 264,510.35 $ 129,653.43 $ 21,072.40 $ 52,581.72 $ 320,509.66 $ 55,999.31 11/30/2017 $ 320,509.66 $ 176,338.14 S 20,012.03 S 128,290.50 S 348,545.27 $ 28,035.61 12/31/2017 $ 348,545.27 $ 200,693.93 $ 18,385.33 $ 73,261.39 $ 457,592.48 $ 109,047.21 1/31/2018 S 457,592.48 s 130,104.70 S 23,146.01 S 140,300.14 S 424,251.03 ■$ (33,341.45) 2/28/2018 $ 424,251.03 $ 126,125.43 $ 20,466.60 S 16,604.79 $ 513,305.07 S 89,054.04 3/31/2018 $ 513,305.07 $ 97,657.35 S 22,095.31 S 62,589.14 $ 526,277.97 $ 12,972.90 4/30/2018 s 526,277.97 $ 107,681.34 $ 23,065.87 S 18,205.21 $ 592,688.23 $ 66,410.26 5/31/2018 $ 592,688.23 $ 106,716.20 $ 20,821.63 $ 99,843.98 $ 578,738.82 s (13,949.41) 6/30/2018 s 578,738.82 $ 106,710.72 S 19,633.77 $ 24,578.45 $ 641,237.32 $ 62,498.50 7/31/2018 $ 641,237.32 $ 109,251.49 $ 21,569.51 $ 53,402.58 $ 675,516.72 s 34,279.40 8/31/2018 $ 675,516.72 $ 133,940.55 S 28,286.60 $ 195,042.73 $ 586,127.94 $ (89,388.78) 9/30/2018 $ 586,127.94 $ 137,559.79 $ 23,758.97 $ 103,827.35 $ 596,101.41 $ 9,973.47 Total $ 1,562,433.07 $ 262,314.03 s 968,527.98 331,591.06  TITLE 8 CHAPTER 3 NO-FAULT UTILITY CLAIWIS SECTION: 8-3-1 Intent 8-3-2 Definitions 8-3-3 Administration and Establishment of Regulations 8-3-4 Reimbursement Claims, Time Limitations 8-3-5 Clams Investigation and Recommendation 8-3-6 Criteria for Payment 8-3-7 Maximum Payment 8-3-8 Payment Does Not Imply Liability, Release Required 8-3-9 Annual Budget Expenditures 8-3-10: Claims from Other Governmental Agencies. 8-3-1: INTENT It Is the city's intent to compensate persons for loss sustained as the result of a break or backup in a city-owned and maintained water main or sewer line, regardless of fault on the part of the city, within the restrictions, limitations, and other provisions of this chapter. 8-3-2: DEFINITIONS Unless the context specifically indicates otherwise, the following terms and phrases, as used In this Chapter, shall have the meanings hereinafter designated: BODILY INJURY: Actual physical injury, sickness or disease sustained by a person, including death resulting from any of these. CITY: River Heights City Corporation, a political subdivision of the state of Utah. CLAIM: Any demand for damages from release of sewage or sudden and accidental release of potable water. DAMAGES: Monetary amounts the insured becomes legally obligated to pay to a third party as a result of bodily injury, or property damage caused by an occurrence, or personal injury caused by a personal injury offense. Attorney fees and litigation costs are not damages. PERSON OR An individual, partnership, co-partnership, firm, company, APPLICANT; corporation, association, joint stock company, trust, estate, or any other legal entity (except the United States Government or any of its agencies, or the state of Utah and any of its political subdivisions) or their legal representatives, agents, or assigns. Title 8, Chapter 3 River Heights City 1  PERSONAL Injury, other than bodily injury arising out of a personal injury INJURY: offense. PERSONAL Means any of the following: 1) False arrest, detention or INJURY imprisonment or malicious prosecution; 2) Libel, slander or OFFENSE: defamation of character; 3) Wrongful entry or eviction, or other invasion of the right of private occupancy. POLITICAL Any political subdivision of the state of Utah, including state SUBDIVISION: departments and agencies, cities, towns, counties, and school districts. POTABLE Water intended to be used for human consumption. WATER: PROPERTY Physical injury to or destruction of tangible property, including the DAMAGE: resulting loss or use of that property. Also, loss of use of tangible property that is not physically injured or destroyed. RELEASE OF An occurrence where solid, liquid or gaseous pollutants cause SEWAGE: property damage or bodily injury by passing back through the toilets and/or drains located in the premises owned or leased by any third-party person, firm or entity relying upon the insured for sewage treatment services. Solid, liquid or gaseous pollutants which cause property damage or bodily injury by any means other than passing back through the toilets and^r drains located in the premises owned or leased by such third-party persons, firms or entities, does not constitute release of sewage and damages caused thereby are not covered. 8-3-3: ADIUIINISTRATION AND ESTABLISHMENT OF REGULATIONS The city hereby establishes regulations sufficient to provide for the handling of such claims and disbursement of funds set aside for payment of claims under this chapter. 8-3-4: REIMBURSEMENT CLAIMS, TIME LIMITATIONS All claims for reimbursement under this chapter must comply with the Governmental Immunity Act of Utah, Utah Code Annotated §63-30d-101 et seq., as amended, and be submitted to the city recorder within thirty (30) days after the Incident giving rise to the loss occurs. 8-3-5: CLAIMS INVESTIGATION AND RECOMMENDATION Claims received by the city recorder shall be referred to the mayor, the public works director and the councilmember assigned to water and sewer for investigation and recommendation. The recommendation may be fon/varded to the city attorney for determination under the criteria of this chapter. The recommendation will be presented to the city council for consideration. All payments authorized by the city council shall be made by the City of River Heights. River Heights City Title 8, Chapter 1 8-3-6: CRITERIA FOR PAYMENT A. The determination as to whether to make payment of a claim submitted pursuant to this chapter shall be based on the following criteria; 1. Whether an eligible claimant suffered an othenwise uninsured property loss, caused by breach or backup of a city-owned water main or sewer line, under circumstances where the claimant acted responsibly to avoid the loss; and, 2. If so, whether the extent of the loss has been adequately substantiated. B. The following shall result In the denial of a claim: 1. Claim not timely submitted; 2. Loss fully covered by private Insurance (For exclusions see 8-3-7 A. for insurance deductible consideration); 3. Claimant ineligible under the terms of this chapter; 4. Loss caused by an irresponsible act of the claimant, claimant's agent, or member of claimant's business or household; or 5. Loss or eligibility unsubstantiated. C. The following shall result In a reduction of payment: 1. Loss partially covered by private insurance; 2. Loss exceeds funding limits of this chapter; 3. Verification of loss inadequate or Incomplete; or 4. Claimant did not cause the problem but failed to act responsibly to minimize the loss. 8-3-7: MAXIMUM PAYMENT A. Payments under this chapter shall not exceed $5,000 per claim. Claims to pay Insurance deductibles will be considered. B. Payments under this chapter shall not exceed $100,000 (the no-fault sewer and potable water aggregate limit per policy period) per fiscal year. 8-3-8: PAYMENT DOES NOT IMPLY LIABILITY, RELEASE REQUIRED A. Any payment of a claim made under this chapter shall not be construed as an admission of, nor does it Imply, any negligence or responsibility on the part of the city. Any payment made under this chapter is strictly voluntary on the part of the city. Title 8, Chapter 3 River Heights City 3 B. This chapter shall not in any way supersede, change, or abrogate the Government Immunity Act of Utah, and Its application to the city, or establish in any person a right to sue the city under this chapter. C. Any payment of a claim made under this chapter .and accepted by the claimant shall constitute a full and complete release of any and all claims against the city, its officers, employees, and agents for any damage or loss arising from the incident. D. Any payment of a claim made under this chapter shall be expressly conditioned upon the city first receiving a written release of liability, signed and notarized by the claimant, in a form acceptable to the city attorney. 8-3-9: CLAIMS FROM OTHER GOVERNMENTAL AGENCIES Notwithstanding any other provisions of this chapter, no claim shall be accepted from the United States or any of its departments or agencies, or from the state of Utah or any of its political subdivisions. River Heights City Title 8, Chapter 1