Wednesday, March 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: March 3, 2010 regular/work meeting

4.      Review Invoices and Checks: $53,578.79

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:

J.       New Business:

1.    Conditional Use Permit: LaMar Gubler is requesting a conditional use permit for an animated sign to be located at 495 N. State. Property is zoned Retail Commercial. Planning Commission recommended approval with condition that A-frame signs are removed. (Derek Imlay)

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 March 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

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

Council Chambers, 111 S. Main, LaVerkin, Utah

Present: Mayor Karl Wilson; Councilmembers Ray Justice, Hugh Howard, Phil Jensen; Staff: Kyle Gubler, Attorney Kevin Bennett, Chief Lloyd Watkins, June Jeffery, Derek Imlay, Rory Johnson; Public: Tom Kuhlmann

Councilmembers Doug Beecher, and Scott Stratton were excused.

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

Appointments: Mayor Wilson appointed Hugh Howard as the Council representative to the Mosquito Abatement District. Motion by Councilmember Justice, second by Councilmember Jensen. Motion carried unanimously 3-0.

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: March 3, 2010 regular/work meeting

4.Review Invoices and Checks: $53,578.79

Motion by Councilmember Jensen to approve the consent agenda with the deletion of Item 1 under New Business, and the payment of invoices and checks of $53,578.79, second by Councilmember Howard. Roll Call Vote: Howard-yes, Justice-yes, Jensen-yes. Motion carried unanimously.

Committee Reports:

Planning Commission: Ray Justice reported that he did not attend planning commission, but they approved the item that was deleted from this agenda for a conditional use permit for an animated sign at Farmer's Market. They also read more of the Hillside Ordinance. They are just starting with this ordinance.

Water Board: Karl Wilson reported that the board met on Monday and he was not able to be there. He was attending a dinner with Ron Thompson of the WCWCD.

The irrigation water was supposed to be back on, but the WCWCD pig got stuck. Wilson is hoping the water will be available tomorrow. The service will be turned on in one section of town at a time to check for leaks. If the irrigation water is not available because of technical problems, staff will review on case by case basis to use the culinary water.

The city was approved for the CIB grant for the irrigation filter project today. It is a 100%, 20-year, no interest loan for $320,000 with a $48,000 match. Engineering fees and $25,000 contingency is figured into that amount. The funding meeting will be in Salt Lake City next month. The project can start after closing. Should take about 45 days and will follow the State Street project.

Delinquency letters were reviewed and will be sent out by the City Administrator after May 1^st.

Sewer Board: No representative

Fire District: Tom Kuhlmann reported that the next meeting will be held on Tuesday 23^rd at 5:00 p.m. in this building. He is in the process of meeting with civic groups to report the status of the District. Rudimentary language has been written for the ballot and that process is moving ahead. Discussion that budget is waiting for $19,000 from County to support first 6 months with cities' funds. Cities will not carry the county after July 1^st.  Karl Wilson discussed that he has completed the budget. This meeting should be the final work meeting and the $62,000 budgeted for fire should hold. The city is going through Truth In Taxation to maintain the current level. The city has never identified the actual funds that have paid for the fire service from the General Fund. Kuhlmann further stated that he prefers the levy as a funding mechanism because of transparency, but if it fails the vote, he is prepared to go through assessment.

As soon as the State Street project is complete, fire flows will be tested and should give a better ISO rating.

Citizen Comment & Request for Future Agenda Items: No comments.

Staff, Mayor, & Council Reports:

City Administrator: Kyle Gubler reported that the City was recognized by the Utah Community Forest & Council. This helps support Arbor Day celebration and maintain status in Tree City USA.

New members added to the Beautification Committee include Alison Reynolds, Paula Beatty, and Doris Gubler.

Helen Caraveo has a water conservation display that is portable. She has placed half of the display in the entryway of this building. Gubler suggested that she be recognized at a future meeting for her efforts.

The Miss LaVerkin pageant was held on March 6^th. There were 7 girls who tried out. Ashley Stackhouse is princess, Christanda Drake is 1^st attendant and Miss Congeniality, Audrey Stevens is 2^nd attendant. They will have an orientation meeting on the 19^th and will be invited to the April 7^th City Council meeting.

Ray and Kyle attended the ZC3 meeting today. Zion Park will be starting construction on the switchbacks in May. Should be complete this summer. Will affect traffic going all the way through the park. A second project will start later that goes from the east entrance of the tunnel to the east entrance of the park. They are looking for more stimulus money to do this project.

Gubler received the utility report from Mandi this morning. There were 288 late fees applied, 129 notice processing fees, 32 landlord notices sent, 94 door hangers, 10 shut offs.

The City received a certificate as a Washington County Business Patriot through the e-verify program.

Public Safety: Chief Watkins reported that the stats are posted on the internet. They show 30% over last year in February, and 14% over for the year at this time. Mostly thefts and assaults. Citizen assistance is increasing. Farmer's Market gas station was hit recently. The department made 4 arrests - 3 adults and 1 juvenile. The theft included consumables.

The JKAT team was in LaVerkin in Tuesday. They made one arrest and chased several others from house to house. The bad guys know that the city is serious.

*Scout Troup #398 arrived at the meeting.

Director of Operations: Derek Imlay reported that the irrigation system is getting ready to go. They are waiting for the WCWCD to take care of their issue. Once the water is in the pipes, sections of town will turn on starting with the southeast, northeast, northwest, and southwest creating a looped system when it is complete. Doug Gubler and Derek will work all weekend to make sure that there are no breaks in the lines. He asked the council to call either he or Doug over the weekend if there were any problems.

The conditional use permit was taken from the agenda because the code states the he has to wait 14 days between approval from planning commission and city council appearance. It has been so long since a conditional use permit was requested, the process was a little rusty. LaMar Gubler of Farmer's Market was gracious to wait until the April 7^th meeting.

State Street Project: There was no meeting with the engineers last Thursday, but they did meet on Monday. The time frame for the project is 43% complete; the project is 31% complete. 400 North has been pressurized and bacteria/chlorination samples are being taken to test. Bringhurst Lane has passed the test. The area at 200 N. 470 W. was shut off today and a 3-way valve system was installed. The installation makes no change to the service until the old system goes off, and this goes on. 500 N. at Farmer's Market is complete. The rest of the project should run smoothly.

Water breaks last Wednesday required the whole city to shut down. Couldn't isolate the breaks. Had to drain the River Wood hydrants and Spanish Gardens to get the flow out of the line in order to repair. Hawker stayed on the job until it was finished at about 8:30 p.m.

Tree trimming project that Luis has been doing is almost finished. Only a little left in Vintage Park. He has done a good job.

Crew has been patching water breaks. Asphalt is available now.

Treasurer: Kyle Gubler informed that Troylinn is still out. She will know on Monday whether or not she can come back to work. Possible light duty next week. He believed she expected to come back on April 1^st.

Mayor & Council as follows:

Mayor Wilson: Mayor and Chief Watkins spent some time in Confluence Park following up on a report. Mayor is meeting with BLM on Friday and may discuss some law enforcement issues. The county has a good grant writer working with the developments for Confluence Park.

Jensen: No report.

Justice: Attended Confluence Park, ZC3. Mayor Brown from Rockville said that US Geological Survey would like to do a local survey on problem soils, hazardous conditions, and fault line concerns. Is looking for support from cities. There is a funding source for $31,000 - half of the cost. There was a recent rock slide in Rockville that initiated the investigation. Council discussion that the budget is slim and there may not be a great deal of benefit for LaVerkin City. Council and staff would like to have more details about how extensive the survey would be, the benefits to the city, and the cost - before committing. Kyle Gubler has the contact information. Mayor Wilson gave direction to Gubler and Watkins to coordinate information gathering. There was reference that Five County has a report on hazard mitigation.

Justice thanked the recreation committee for the soccer program. Mayor Wilson expressed a concern about traffic on Main Street during soccer games. The angle parking makes it difficult for drivers to see if kids are between vehicles and could run into the street. There was discussion about changing the speed limit during game times. There is a legal issue about speed limits, but there would be the possibility of setting up cones in the two intersections (Center and 100 S., and Main) as warning to drivers to slow down. Tickets could be given as code does say "no faster than conditions permit", which doesn't necessarily refer to only weather.

Howard: Chris Maxwell is doing the Easter Egg Hunt. $110.00 in donations was added to the event budget.

Adjourn: Motion by Councilmember Justice to adjourn to a work meeting, second by Councilmember Howard. Motion carried unanimously. 6:39 p.m.

Work Meeting:

FY10-11 Budget: Mayor Wilson had adjusted the budget per direction from Council last meeting. He made 10% cuts in everything except labor, fixed obligations, and streets. There were a couple of other items that he felt shouldn't get cut.  There were two handouts. The thin one was just the General Fund, the thick one was the balanced budget.

The Appropriation of Fund Balance in the Contributions and Transfers shows an appropriation of $46,026. This can't be used every year, but if the budget is spent conservatively and is under budget it works. Wilson had talked to Councilmember Beecher before the meeting. Beecher had stated that the budget looked good.

Item 3695 - shows an increase in the Adopt a Tree Program. This is a program where expenditures don't go out until the revenues are in. The revenue is good for grants and Tree City USA.

Item 4140.280 - shows a reduction in the utilities with the expectation of savings from the work being done by Dr. Mitchell. If the savings don't show, there may need to be an amendment to the budget.

Item 4140.600 - Bank charges shows an increase. According to Pelorus, bank charges need to come from Administration. Those charges have been taken from other funds in the past. This consolidates them to this line item.

Item 4140.510 - This looks like a discrepancy because of current actual, but this billing has some unevenness in the way it is charged. There should be a larger annual fee due in June that will show balance in the current account.

Item 4170.60 - The funds allocated for elections have been taken out as the city doesn't have an election this year. The Fire District election cost will not come from the city, but will be paid by the Fire District.

The only Fund that was changed was the General Fund. The Revenues and Expenditures are balanced. As Wilson and Beecher discussed the budget, they recognized that the last three budget cycles have been about cutting, it was hard to cut even more to make this work. Without looking at labor compared to other cities, LaVerkin is understaffed. Hopefully there will be no unforeseen events this year. If there are, may need to look for revenue in other places. The budget will still be tight this year.

Streets have been sacrificed in the last couple of budgets. Derek has an RFP. Will be on agenda in mid April. Will take one section of the town at a time. Those will be identified and bids taken.

The budget will go through the public hearing process with the Tentative Budget meeting the first week of May. Because of Truth in Taxation, the County was notified that the first public hearing will be on May 19^th.  Mayor Wilson would like to meet the June deadline as required for regular budgets. With Truth in Taxation, there is supposed to be an allowance into August, but the last time the process was used by the city, the auditors made a finding.

Adjourn: Motion by Councilmember Justice, second by Councilmember Howard. Motion carried unanimously. 7:45 p.m.

Minutes taken by June Jeffery.

Date Approved, April 7, 2010

Mayor, Karl Wilson

June Jeffery, CMC

City Recorder