LaVerkin City Council Meeting Agenda

Wednesday, February 17, 2010 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

A.     Meeting Called to Order-Invocation by Invitation; Pledge of Allegiance

B.     Recognitions:

C.     Presentations:

D.     Appointments:

E.      Consent Agenda: (Items on the consent agenda may not require discussion. These items will be a single motion unless removed at the request of the Mayor or City Council.)

1.      Declarations of conflict of interest

2.      Agenda

3.      Minutes: February 3, 2010 regular/work meeting

4.      Review Invoices and Checks: $249,197.99

F.      Committee Reports: Planning Commission, Water Board, Sewer Board, Fire District

G.     Citizen Comment & Request for Future Agenda Items: No action may be taken on a matter raised under this agenda item. This item is reserved for items not listed on this agenda. (Three minutes per person.)

H.     Public Hearings:

I.        Unfinished Business:

1.      Setting of Public Hearing on Ordinance to affirm, confirm, ratify, and otherwise approve monthly compensation for Mayor and City Council. (Kevin Bennett)

J.       New Business:

1.      Ordinance 2010-____ Amend Solid Waste Rate. Discussion and Possible Action. (Kevin Bennett)

2.      Resolution R-2010-____Update Consolidated Fee Schedule to include Solid Waste Rate. Discussion and Possible Action (Kevin Bennett)

3.      Resolution R-2010-____Washington County Cooperative Weed Management Area Memorandum of Understanding. Discussion and Possible Action. (Kyle Gubler)

4.      Washington County Commission E-Verify Support. Discussion and Possible Action. (Kyle Gubler)

5.      Consulting Services Agreement for Dr. Kim Mitchell. Discussion and Possible Action. (Mayor Wilson)

K.    Staff, Mayor, & Council Reports: City Administrator, Public Safety, Director of Operations, Treasurer; Mayor & Council as follows:

Mayor Wilson: Public Safety, animal control, HCAC, Confluence Park, Vision Dixie Committee, Sewer Board

Jensen: Historical Preservation, Youth City Council, Solid Waste

Justice: Planning Commission, Homeland Security/CERT, Confluence Park, ZC3

Beecher: Beautification, Economic Development, Trails Committee

Stratton: Utah Shooting Sports Park, public works, Fire District, Sewer Board, Zoning

Howard: Recreation, arts & crafts, City Festival,

L.      Adjourn:

Work Meeting immediately following regular meeting

A.     FY10-11 budget

B.     Adjourn

In compliance with the American with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify June Jeffery, City Recorder, (435) 635-2581, at least 48 hours in advance.

Certificate of Posting

The undersigned City Recorder does hereby certify that the agenda was sent to each member of the governing body, sent to the Spectrum newspaper,  posted on the State website at http://pmn.utah.gov, posted on the LaVerkin City website at www.laverkin.org

and in the following public places within LaVerkin City limits on this February 12, 2010

These public places being: 1) LaVerkin City office building 111 S. Main; 2) LaVerkin City office building 435 N. Main;

June Jeffery, CMC

City Recorder

LaVerkin City Council Meeting Minutes

Wednesday, February 17, 2010 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present: Mayor Karl Wilson; Councilmembers Ray Justice,  Doug Beecher, Phil Jensen, Scott Stratton; Staff: Kyle Gubler, Attorney Kevin Bennett, Chief Lloyd Watkins, June Jeffery, Derek Imlay, Rory Johnson; Public: None

Councilmember Hugh Howard was excused.

Meeting Called to Order- 6:00 p.m. Pledge of Allegiance and Invocation by Phil Jensen.

Consent Agenda: (Items on the consent agenda may not require discussion. These items will be a single motion unless removed at the request of the Mayor or City Council.)

Declarations of conflict of interest

Agenda

Minutes: February 3, 2010 regular/work meeting

Review Invoices and Checks: $249,197.99

Motion by Councilmember Beecher to approve the consent agenda with an amendment to the agenda - removing items J3 and J5, and including approval of invoices and checks for $249,197.99, second by Councilmember Jensen. Roll Call Vote: Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes. Motion carried unanimously.

Committee Reports:

Planning Commission: Ray Justice reported that the commission started to review a public facility zone. Kevin Bennett discussed that the ordinance will probably be two tiered with one tier covering allowances for ground in the Confluence Park area for large parcels with possible agricultural use; and the second tier will cover parks, buildings, and cemeteries in the town site area. The General Plan has verbiage for public facility zone, but the maps call the zone "city". There is no ordinance in the code for the use of either designation. Darwin Hall from Ash Creek Sewer District was at the meeting with some input for the proposed Questar and sewer facility expected to locate in the area.

Water Board: Karl Wilson reported that the meeting was held on the 8^th because of President's Day on the 15^th. They discussed engineering for the filter and 88 N. State capital project. $36,000, spent $15,000 transfer was approved. Another $10,000 transfer will make $25,000 from the savings account. There is still over $250,000 there. The rest was paid out of operations revenues.

The potential filter project is moving forward with possible low interest loan from Rural Water. Expecting 100% loan, but would like to buy down the interest with some cash match.

Irrigation water is expected to turn into the pipes between March 1 and 15 depending on wet weather and turbidity in the river. Doug Gubler runs a couple of trials to check for maintenance before it goes on to stay. The line was completely flushed in the fall before closing down for the winter. Derek Imlay informed the council that the filters have been cleaned and are ready to go at any time. Rivets and broken overflow tubes were fixed.

Sewer Board: No representative.

Fire District: No representative.

Unfinished Business:

Setting of Public Hearing on Ordinance to affirm, confirm, ratify, and otherwise approve monthly compensation for Mayor and City Council: Bennett gave background about public hearing process for the raises that were given in 2009 to the Treasurer and Recorder as statutory officers, and that Mayor and Council compensation should be handled in the same way. When the council reinstated compensation at the last meeting, it was discovered that raises were given to Mayor and Council in 2007 as part of the budget, but there was no public hearing other than for the budget. Minutes of the budget meeting show that the raise was discussed and the budget was adopted on June 6^th. There is no desire to challenge the pay increase, but to ratify what was done and complete it through the statutory process. The ratification will need to be published in the paper for the hearing and changed by ordinance at the next meeting. There was brief discussion that there would be time to meet the required publishing time frame for the next agenda.

Motion by Councilmember Beecher to set the public hearing for an ordinance to affirm, confirm, ratify, and otherwise approve monthly compensation for Mayor and City Council for the March 3, 2010 agenda, second by Councilmember Jensen. Roll Call Vote: Stratton-no, Beecher-yes, Jensen-yes, Justice-yes. Motion carried.

New Business:

Ordinance 2010-____ Amend Solid Waste Rate: Bennett discussed that this ordinance was written to set the fee to go with the Solid Waste Contract. There were some wholesale changes that needed to be made to the Solid Waste Chapter of Title 4. Bennett has presented a total revision of Title 4, Chapter 4. Things that have not changed were kept in the ordinance. The fee has been addressed for future updates, and given the provision to address the fee with a resolution. The ordinance will set the fee, the resolution will update the Consolidated Fee Schedule. It allows the Solid Waste District to make changes at any time with adjustments to the Fee Schedule.

There was discussion that the city has not been charging the $.55 as allowed in ordinance, but $1.30 - changed by resolution not ordinance, for quite some time. This will clean that up. Clarification that this is an ordinance that will amend the Code, and the resolution, which is the next item on the agenda, will set the fee.

Motion by Councilmember Jensen to adopt Ordinance 2010-__amending the Solid Waste Rate, second by Councilmember Beecher. Roll Call Vote: Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes. Motion carried unanimously.

Resolution R-2010-____Update Consolidated Fee Schedule to include Solid Waste Rate:

Motion by Councilmember Beecher to approve Resolution R-2010-___updating the Consolidated Fee Schedule to include the Solid Waste Rate, second by Councilmember Stratton. Roll Call Vote: Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes. Motion carried unanimously.

Washington County Commission E-Verify Support: Kyle Gubler explained that this is a program from the County Commissioners office for businesses to go on line to determine legal status. There is no cost. This is a show of support from LaVerkin City. Ray Justice said that his company has used this in the past and it gives verification of legal citizenship for contractors and others. Bennett said that the city uses I-9 forms for verification. This move shows support and the program gives immediate feedback.

Motion by Councilmember Justice to support the Washington County Commission with the e-verify program, second by Councilmember Jensen. Roll Call Vote: Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes. Motion carried unanimously.

Staff, Mayor, & Council Reports:

City Administrator: Kyle Gubler reported that LTech meeting will be held on Tuesday, 23^rd at 10:00 a.m. Derral Eves will give a report on the website.

Fire District didn't have a quorum. There was a representative from each city and so they were able to discuss budget issues. With the year beginning the first of July, the district is asking that each city pay their monthly payment for six more months. At that time there should be some revenue flow for the district from mil levy. It is hoped that cities can pay 2 months at the time of first payment to take an edge off cash flow concerns.

ZC3 meeting was held earlier today. There was discussion about corridor management. Gubler has been asked to serve on a sub-committee representing LaVerkin City.

Rocky Mountain Power has given a rebate to the city for replacement of lights for about $1300.

Public Safety: Chief Watkins handed out a binder with the 2009 year-end report. The crime rate per population is about ½ that of the county. Calls for service have gone down. Would like to maintain officers and keep the department stabilized. There has been a fluctuation in calls with the number of officers. This report is under police deparment on the website.

Karl Wilson supported the chief that with ½ of the officers, they are doing good work. More discussion that clearing warrants has gone way up. Kade Hall and Jake Bulkley are working with other local agencies to scoop up the criminals as soon as they come here.

Director of Operations: Derek Imlay reported that the water project is moving. They will meet on Thursday at 10:00 a.m. with the contractor and engineer. Russ Funk puts the schedule of work together. The project has completed work on 125 W. by Ray's Transmission. Work went down 635 N. by LV Swiss. 400 N. has been roto-milled. This week they were to install pipe on 400 N. Paving on 125 W. and 635 N. should have been done, but there was a problem with locating a line that ran under the LV Swiss building. A whole day was spent pot-holing the parking lot without success. They will leave this part of the project and start State Street. Time frame is pretty close to where it needs to be. There have been a couple of traffic control issues, but those have been taken care of.

Imlay showed pictures of a water break that happened at Stowell's Mobile Home Park. They applied a "bandaid" fix because the line will be replaced in the next few weeks. They did fill in as required by UDOT.

The trackhoes that are on trial have been a great asset for the repairs. Imlay said that only one lane of traffic was closed, and time was saved. He would like to work with Scott Stratton to get bids together for a repossessed/trade-in or other cost-reduced machine.

Weed spray starts next week, the department wants to get on top of it as soon as possible.

Imlay is working to tighten up the crew responsibilities. There are postings on the board in the public works building with tasks that can be done. When one assignment is finished, others may be started.

Treasurer: Troylinn Benson is recuperating from surgery. Kyle Gubler gave the utility report. There were, 143 notices sent, 109 door hangers, 11 shut off today, and as of closing time 6 were back on.

Gubler had visited with Benson following her surgery. The pain in her leg is gone. She has gone home. The surgery was expected to take 3 hours, but lasted about 6 hours. It was successful.

Mayor & Council as follows:

Mayor Wilson:Animal control: There has been a raccoon infestation in the area.

Confluence Park: Meeting was held earlier today. The committee recommended approval of a 4^th of July run and an LDS Stake youth activity. They will coordinate with Bob Sandberg, who is with the County HCP and is the Confluence Park permit grantor. Mayor would like to start up the "mayor's walks" again. He expects to invite the Confluence Park stakeholders to show them areas to clean up. The irrigation project is still being looked out. The grant writer, Kathleen Nielson, presented a 75/25 grant from one source that should fund the project to support watering the fields. The engineers designed a line that ends at the River Wood boundaries. The committee would like to have a water line that will look to the future and allow the whole area to be on the line. The design will go back to the engineers. Other grants may take a couple of years. He would like to recommend that the sewer board go ahead with their projects whether Confluence line is ready or not.

Jensen:Solid Waste: Has had an issue with construction debris "sneaking" in by size of load. Want to charge for abusing the system, but not affect resident's charges. Legislature is looking at e-waste issues. Larger landfills are able to work with manufacturers to charge an e-waste fee up front. Smaller landfills want the same privilege. They want to be proactive now. The District is anxious to start curb-side recycling program. Possible recycling cans in front of homes for pick-up depending on demand.

Justice:Attended Planning Commission, Confluence Park, and ZC3 meetings. Went to Sports Park meeting for Stratton on Tuesday night. They did a field trip of the whole park on Wednesday. There were a couple of safety issues with the tactical range. It has been closed for review.

Beecher:Beautification: Not met since last meeting.

Trails Committee: Happy to see the mayor's walk starting up. Would like to have the hikes on the Saturday following city council meetings.

Personal health update - will miss meetings in May and June for treatments. Would like to remote in. This is a pre-emptive measure; should be fine. Wilson and Gubler will get together to see what is needed for technological connection.

Stratton: No meetings this month.

Adjourn: Motion to adjourn by Councilmember Justice and reconvene to a work meeting following a five-minute recess, second by Councilmember Beecher. Motion carried unanimously. 6:55 p.m.

Present: Mayor Karl Wilson; Councilmembers Ray Justice, Hugh Howard, Doug Beecher, Phil Jensen, Scott Stratton; Staff: Kyle Gubler, Attorney Kevin Bennett, Chief Lloyd Watkins, June Jeffery, Derek Imlay, Rory Johnson; Public: None

Called to Order: Mayor Wilson at 7:00 p.m.

FY10-11 budget: This is a continuation of the budget discussion from the last meeting. Wilson was looking for input from the council.

Doug Beecher would like to make sure that pay increases are included for the staff. He would like to make sure the projected $156,000 shortfall is taken care of as well. General government and parks are taking the biggest increases. Wilson has worked in a 2% COLA, 2% merit and 5% overtime. Labor has been shifted out of water into General Fund to better show allocations. There was discussion that some of the increase would include retirement funds as well. There has been no adjustment on insurance. Discussion about possible employee payment for insurance increase. Expected to bring to 15% cost to the employee at some time.

Parks building and grounds have been raised from $500 to $20,000 to cover cost of fall zone materials. Wilson believes that the rubberized surfacing will be the best over the long run - even though preliminary cost is higher. Kevin Bennett suggested to look at the park across from the Desert Hills High School. They have used the surface, it is durable and soft. Kyle Gubler will call the Clark County Schools for track record of surface as they use it in their parks.

June Jeffery stated that there will not be an election by the city this year and the funds listed there, though not significant, could be removed. The county will have the cost of the election.

Wilson has loaded the employee raises. He discussed that he would like to come up with a way to prevent a COLA gap between the bottom paid employees and the top paid employees. It is expected that all employees will receive raises with the exception of new part-time employee Rory Johnson who was brought on staff at the highest level of the scale because of cleaning equipment and other resources he brought to the job.

Beecher wondered if the 5% for overtime is overkill. There was discussion about the use of overtime, approval by mayor/council. Wilson stated that strict guidelines were put in place for past history, but the current staff is not a concern. Comments, that the city has got along without allowing overtime, were redirected to recognize that the exempt employees, particularly Derek Imlay have been carrying the load. Wilson stated that he would also like to see comp time back into allowance. Similar review by directors would be required to use comp time, which doesn't affect the budget. Explanation that comp time is used rather than overtime pay and is accrued at time and a half. Currently employees are allowed to flex time 1 hour for 1 hour within the same time period. There is a maximum of 40 comp hours allowed to accrue. It is hoped that employees won't bank the time but use it to stay as close to "0" as possible.

Wilson would like to move ahead with the track hoe purchase with Stratton's assistance. There was belief that this is the right time to find favorable finance/cost. The amount is already in the budget for a 5-year pay-off for about $60,000. Kyle Gubler said that Ahern will match prices. Imlay believed that the track hoes currently in use for trial have saved a lot of time, work space, and energy.

Beecher wondered about the state reserve requirements. Wilson explained that the fund equity is a combination of cash and assets - excluding transfers. Assets can't be spent down. Don't want to go negative on cash. Suggestion has been made that the state will not take cash away if it is over, but there will be a write up. The city should "raise it like a flag and brag about it".  The budget size gives a narrow window to stay within compliance.

Beecher would like to see a lower amount in the overtime allowance. He complimented Wilson on the budget. Wilson stated that the operations budget had been cut with the problems from the last couple of years and staff is still operating in that mode.

There was further discussion about employee participation with insurance cost. Hurricane pays 100% of benefits, Toquerville doesn't offer any. Schools pay 100%, deductibles are still in place, but costs are paid 100%. Stratton believed St. George had an 80/20 in place.

Beecher supports raises, as they have not been given for 2 years. Would like to see 2% COLA, 2% merit and at least a 1% increase in employee participation with insurance, though he wondered if that would be enough to make a difference and maybe would not merit an increase of participation. He would not like to take back more than ¼ of the raise increase. Raises should go to the employee. Jensen agreed. Justice supported that raises coupled with increase to insurance cost don't always cover the cost of the insurance.

Wilson will work the adjustments suggested. The budget will still not balance but may be closer.

There was a question about the Solid Waste increase in the budget. That will not be more revenue, the pass-through will increase, but the amount the city maintains will not.

Adjourn: Motion by Councilmember Beecher to adjourn, second by Councilmember Stratton. Motion carried unanimously. 7:35 p.m.

Minutes taken by June Jeffery.

Date Approved, March 3, 2010

Mayor, Karl Wilson

ATTEST:

June Jeffery, CMC

City Recorder