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: September 1, 2010 regular meeting minutes

4.      Review Invoices and Checks: $124,985.16

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.       Business:

1.      Ordinance No. 2010-06: An ordinance amending Chapter 6 of Title 10 of the   LaVerkin City Code, and providing for a public facilities zone; and providing an effective date. Planning Commission recommended approval 4-0.

2.      Ordinance No. 2010-07: An ordinance amending Chapter 1 of Title 9, of the LaVerkin City Code, dealing with building related codes; and providing an effective date. Discussion and possible action.

3.      Finalize LaVerkin City Culinary Water Improvement Project 2010

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

Mayor Wilson: Public Safety, HCAC, Confluence Park, Water, 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: Mosquito Abatement, Recreation, City Festival,

K.    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.

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 at the City office buildings

111 S. Main and 435 N. Main on September 10, 2010

June Jeffery, CMC

City Recorder

Present: Mayor Pro Tem Phil Jensen; Councilmembers Ray Justice, Doug Beecher; Staff: Kyle Gubler, Attorney Kevin Bennett, Chief Lloyd Watkins, Troylinn Benson, June Jeffery, Derek Imlay, Doug Gubler; Public: Richard Hirschi, Russell Funk- Sunrise Engineering, Sam Jerman-Hawker Enterprises, John Rhodes -Scout leader, Scouts-Justin Rhodes, Connor Timothy

Mayor Karl Wilson, Councilmembers Scott Stratton, and Hugh Howard were excused.

Meeting Called to Order at 6:00 p.m. by Mayor Pro Tem Phil Jensen who recognized the scouts in attendance. Invocation by Justin Rhodes. Pledge of Allegiance by Connor Timothy

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: September 1, 2010 regular meeting minutes

4.      Review Invoices and Checks: $89,852.84

Planning Commission: Ray Justice reported that the commission met last week. The ordinance on the city council agenda regarding the public facilities zone was on the planning commission agenda. The commissioners recommended approval of the ordinance.

Water Board: Kyle Gubler reported that the agenda included the filter project, the completion of the State Street culinary project, and unpaid irrigation contracts.  There are some contracts still past due. There are five people that have not paid anything. Letter has been sent to bring the accounts current by November 5^th.

Doug Beecher clarified that there are two water projects. There was discussion that the first was the filter project that is just getting started. The second was the culinary water project on State Street. The filter project bid was given to Royal T. The city crew is already working to install power and phone lines. The contractor will start on October 18^th. Depending on water need, the date for the water to go out of the lines may move to November 1^st. Contractor has been notified. The parts have been ordered. Contractor believes that once the project starts it should go pretty fast.

Sewer Board: No representative.

Fire District: No representative.

Citizen Comment & Request for Future Agenda Items: None

Ordinance No. 2010-06: An ordinance amending Chapter 6 of Title 10 of the LaVerkin City Code, and providing for a public facilities zone; and providing an effective date. Planning Commission recommended approval 4-0.

Kevin Bennett reported that this ordinance became important when Ash Creek Sewer District purchased land near Confluence Park. There was a question about allowed uses and possible zoning. Ash Creek was looking at the possibility of goats and alfalfa on their property, also a treatment plant and similar uses. They are a governmental entity, but there was no "government approved use" anywhere but those areas zoned "city".

Bennett continued that the General Plan had a "public facilities zone" listed, but the zoning map designated the area as "city".  The designation went from General Plan to map without anything in-between to define the zone. This ordinance defined public and quasi-public uses for the land. There was a distinction between permanent and temporary uses. The ordinance allowed some temporary use that didn't change the tax status of public property, or use that was not out of character with surrounding land. Permanent use would go through the planning process with approval from planning commission and city council, but fairs, craft shows, bazaars and similar temporary uses would be handled through the mayor and city administrator.

Bennett stated that there was a provision that did not require the zoning map to change until such time as it was updated, at that time the name would be re-designated.

In writing the ordinance, Bennett made sure to include Ash Creek Sewer District interest, including odor concern, lot size, and easements. There was no public reaction in the public hearing with Planning Commission. Planning Commission gave unanimous recommendation for approval of the ordinance and staff recommended approval. There was brief discussion about process for the ordinance. This is a land use ordinance and required public hearing early on for input from the public. Planning Commission reviewed this ordinance at three different meetings before the public hearing was held. State Code no longer required a public hearing before City Council.

Ordinance No. 2010-07: An ordinance amending Chapter 1 of Title 9, of the LaVerkin City Code, dealing with building related codes; and providing an effective date.

Kevin Bennett reported that this was an update ordinance to adopt the newest State Building Codes. It had been three years since the State made updates. This ordinance allowed the city to adopt new standards with changes in technology. The ordinance included a Conservation Code that had not been addressed before. Swimming pool code had not been changed before. Now that had been tweaked in the State Code and showed an update in this ordinance. Electrical Code was from 2008, the rest was from 2009. The State liked to keep building inspections standard throughout the state. Fire Code held the State Code up a little because of a sprinkling issue, but that had all moved ahead.

There was some reflection that it appeared the city was slow in approving the 2009 State Code. Derek Imlay pointed out that city approval was always a year behind approval of the State Building Codes.

Bennett continued that the city building staff had reviewed the ordinance and that he would support it legally. Staff recommended approval.

There was some question about the need for an "effective date" clause in the ordinance. Bennett explained that the clause is common to ordinance writing. The ordinance will automatically go into effect upon passage and first publication, but occasionally an ordinance will have a particular date for effectiveness attached to it. June Jeffery explained that the ordinances approved at this meeting would be published in the local newspaper by Saturday, September 18^th to meet the publication requirement.

There was a question whether this ordinance needed a public hearing. Bennett informed the Council that public hearings for this type of ordinance are not required. This was an administrative ordinance and only came before City Council. Ordinance 2010-06 that was just approved was a land use ordinance. Because of the impact land use ordinances have on property rights, they require a public hearing before Planning Commission before approval by City Council.

Motion by Councilmember Beecher to approve Ordinance No. 2010-07: An ordinance amending Chapter 1 of Title 9, of the LaVerkin City Code, dealing with building related codes; and providing an effective date, second by Councilmember Justice. Roll Call Vote: Justice-yes, Jensen-yes, Beecher-yes. Motion carried unanimously.

LaVerkin City Culinary Water Improvement Project 2010: Russ Funk from Sunrise Engineering presented the final report and final packet from Sunrise Engineering. He stated that the project had been a positive experience. Though the project was long on schedule, it came in under budget with a lot of extra work being completed for the city. The contractor, the engineer, and the city staff worked well together.

The final book contains all the records, photos, inspection logs, meeting notes, and submittals from the project. The only item outstanding for completion was the Notice of Final Acceptance that should be approved tonight, based on Council direction.

Derek Imlay addressed the penalty phase of the project. Though the contract allowed for a penalty to accrue past a certain date, and the project did pass that date, staff felt that no penalty should be considered. At no time was the project left untended by the contractor-there was always consistent work being done. When the ground was opened, there were many conditions discovered that were not expected, that took a lot more time. The quality of the work was excellent. The contractor worked well with staff and the engineers. Imlay expressed that he had never worked with a contractor so willing to do the work and do it as well as Hawker had. There was never a time that the contractor "butted heads" with staff or the engineers. He would strongly recommend that the Council vote to not penalize the contractor. The project finished about $1,000 below the estimated cost and the city got a lot of extra work done with that money.

Imlay continued that as part of the project, the contractor was to collect sign-off letters from the property owners. All but twelve of the property owners had signed off. The project construction on 100 E. and 400 N. was done on city property. There was some difficulty connecting with owners who don't live in LaVerkin and the contractor worked a lot of hours to collect the sign-off. Appointments from owners to meet with the contractor were broken and staff felt that the project approval should not be held up because of this difficulty. Hawker has signed a letter stating that if there were complaints from these property owners within the year's warrantee period, they would come back and take care of the complaint. The city holds a DVD of the pre-construction that can be used if there are any problems. The contractor was not required to fix anything beyond the scope of the project.

Imlay stated his appreciation to Sunrise Engineering for their part in the project. Their inspector, Andy, was on-site every day to direct the work. Russ took care of the office, budget, project changes and was fast and effective. Imlay also restated his appreciation for Hawker Construction - for the quality of work they provided, and the way they coordinated with the city.

Lastly, Imlay expressed appreciation to Doug Gubler for his work. There was no one like Gubler, who would get up in the middle of the night to do the work that needed to be done. There were 2-3 nights when the project went all night to maintain service in the day. He was always available for any need. Because of Gubler's dedication, the project went smoothly.

Water slippage was down. Before the project, slippage was 28-30% each month. Last month there was a negative percentage. Derek referred to a break at 591 N. State where water was flowing into the lava below.

Phil Jensen stated his appreciation to the contractor as well. There were days of bad weather, the roads were always open and convenient to travel.

Ray Justice expressed support to Doug Gubler and the guys from Hawker. There was a traffic accident, where the vehicle driver had a heart attack or similar incident, that involved Doug and the project workers on the job. He supported not applying the penalty because there were always workers on the project - not like other contractors who have worked for the city who took off to complete out-of-town projects, before finishing their LaVerkin contract.

Doug Beecher also thanked Doug Gubler for his work throughout his years at the city. Gubler didn't get enough appreciation for his work. Others might quit if something came up that was beyond their control, but Gubler would just keep on working. Beecher could understand getting into the ground and finding things different than they were expected to be. He wondered if there are any conditions left in the ground that would be of concern to the future.

Sam Jerman said that the city should be in good shape. The transmission line is now set. All tie-ins are known now. Slippage is not an issue any more. There may be other aging parts in the city system, but all laterals are in and connections are known. He expressed appreciation to the council. In discussing his company he said, "Never have they (Hawker) worked so hard and made so little." They continued where others might have walked away. They have worked with many other cities, and never had a guy with so much devotion to their job as Doug Gubler. He is a great employee - one that would not be matched in any other city. Derek was good to work with too and it had been a good project.

Doug Gubler responded that Hawker was great to work with. They did a good job. Now the city can shut down sections of town to do repairs, rather than the whole system. They discovered valves that had been covered up, and could isolate areas now.

Derek Imlay suggested that Council approve the final note of acceptance and make a waiver of the penalty part of the motion.

City Administrator: Kyle Gubler reported that letters of resignation from June Jeffery were received by city administrative staff on Monday the 13^th to take care of some personal, family issues. Jeffery is expected to leave the middle of October. She has been a valuable employee and has been very knowledgeable in her position.

There has been some unofficial notice that Maverick is in negotiations with the Chevron to take over that building.

All-weather surface has been ordered for the Zion View Park.

Beautification Committee will be planting grass at the old Kent's property. Will be mulching, should be in by October.

Gubler showed pictures of the waiting area at the elementary school that has been completed for the cross walk at State Street. It is a great improvement so kids aren't standing next to traffic while waiting for the light to change.

ZC3 meeting discussed updated transit study. Will be meeting with Curt Hutchings from Five-County for traffic model Tuesday 21^st.

John Postert met with Kelly Washburn from Natural Resources to do a tree inventory. This is a grant and will tell age of trees and where they are located.

Bob Stevens' issue is finalized. Gubler received a $40,000 check which has been deposited.

Beautification Committee met today to discuss the October 16^th city-wide clean up. LDS wards will be assigned areas on State Street. LaGrande Imlay working with the boy's homes will be given an assigned area.

Public Safety: Lloyd Watkins reported that the stats are on the website. Calls have increased 75% from August of last year to this, in all areas. Travis Romney generally has 2-3 investigations per month, but has had 5 since last Friday. Kade Hall and Jake Bulkey are working hard to keep ahead of other work.

Director of Operations: The filter project is beginning to move now. On Monday, Randy Slack and Ashley Averett started trenching to install a 3" conduit for the power line and a 2" for phone line at the intersection of 480 S. and 100 W. Working with Rocky Mountain Power, the line will come from that area across the road to the double gate by the current filter station, rather than up the road by Dan Howard's home. It will save the city some money because of the shorter run. The power company will install the pole and connect the power once the line is laid.

Staff has been working to make sure that lawns in the parks and cemetery are taken care.

John Postert has heard from to Color Country Homes. They expect to bring in six building permits in the near future.

The Henderson home that was burned will be demolished and replaced. Inspections showed it unsound.

Treasurer: Troylinn Benson reported that there would be over 140 door hangers prepared to hang tomorrow. It isn't known if the homes are vacant until shut-off is complete or payments are collected. She also expressed appreciation to June Jeffery for her knowledge and help in her job.

Mayor Wilson: Not in attendance.

Jensen: No report.

Justice: CERT is starting another 20-hour class to be held October 29-30, and November 5-6. Classes will be held in the 111 S. Main building. Contact Rita Bice or Ann Wixom. Cost is $50.00. Posters are at the 435 N. Main building and on the website.

Confluence Park meeting was held today. Two grants have been given that total about $80,000. $52,000 for trailhead/parking and $30,000 for restoration. There will be a ribbon cutting in the spring for the trailhead. Restoration will involve planting a willow farm, providing for soil stabilization, and eradication of tamarisk. There will be some emphasis on encouraging other native species to repopulate.

Met last week and this with UDOT on traffic patterns.

Beecher: Beautification Committee is putting additional details together for clean-up.

Stratton: Not in attendance.

Howard: Not in attendance.

Councilmembers thanked June Jeffery for the work she had done for the city over the years.

Minutes taken by June Jeffery.

Date Approved, October 6, 2010

Mayor, Karl Wilson

ATTEST:

June Jeffery, CMC

City Recorder