LaVerkin City Council Meeting Agenda

B.     Recognitions: Employee of the Month - Kyle Gubler

C.     Presentations:

1.      Linda Melin Animal Control Stats

D.    Appointments: City Recorder

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 15, 2010 regular meeting minutes

4.      Review Invoices and Checks: $144,295.62

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.      UDOT Sidewalk Grant: Discussion and possible action

2.      High Desert Holdings, LLC - Robert Porter Request: Payment of park impact fees to High Desert Holdings from Riverwood Estates. Discussion and possible action.

3.      Ordinance 2010-08 An Ordinance Amending Title 9 of the LaVerkin City Code, and Providing For Certain Limited Exceptions to the General Rules, Procedures, and   Costs Pertaining to Temporary Culinary Water Service Connections and Disconnections; and Providing and Effective Date. Discussion and Possible Action.

4.      ERA Brokers-Robert Porter: Request to allow real estate agents or companies longer than 48 hours of temporary water service for inspections and appraisal purposes. Discussion and possible action.

J.       Adjourn to Executive Session:

1.      Strategy session to discuss the purchase, exchange, or lease of real property.

K.    Reconvene from Executive Session:

1.      Possible Action on Executive Session discussion.

L.     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,

M.   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 October 1, 2010

June Jeffery, CMC

City Recorder

LaVerkin City Council Meeting Minutes

Present: Mayor Karl Wilson; Councilmembers Phil Jensen, Hugh Howard, Ray Justice, Doug Beecher; Staff: Kyle Gubler, Attorney Kevin Bennett, Chief Lloyd Watkins, Troylinn Benson, June Jeffery, Derek Imlay; Public: Jonathan Zundell, Monica Thayne

Councilmember Scott Stratton was excused.

Meeting Called to Order by Mayor Karl Wilson at 6:00 p.m. Invocation and Pledge of Allegiance by Hugh Howard.

Recognitions: Employee of the Month: Kyle Gubler recognized Luis Marin as Employee of the Month. Marin has been back with the city for about 4 months. He is hard working and very dependable. He helped Derek on an irrigation leak over the weekend. No matter what, he is always happy.

Linda Melin presented the third quarter Animal Control Stats (July, August, September). There were 19 dogs, 11 of those were impounds, 8 were turned in by owners. All 11 impounds were adopted out. 2 dogs were disposed, 6 reclaimed. There were 24 cats, 18 were strays, 6 turned in by owner, 14 were adopted. 8 cats were disposed, 2 reclaimed. There were no bite reports. There were fewer animals taken this year than last, but complaints and incidents have gone up. Council asked if the department dealt with tortoise issues. Melin stated that animal control does pick up tortoises and give them to Justin Neighbor at the HCP.

Appointments: City Recorder: Karl Wilson stated that with June Jeffery's resignation, he would recommend Kyle Gubler as the City Recorder along with his Administrator position to be effective October 22^nd.  Councilmember Jensen asked Gubler if he was "good with that". Gubler replied that he was. Councilmember Beecher asked about interviewing for a secretary position as an assistant to the recorder.

There was discussion that a full-time secretary would be hired to do most of Jeffery's duties, to assist Gubler and other staff members. There were 16 applications received by this meeting. Applications will be received until October 12^th. There will be a hiring board, although Gubler has authority to hire. The board will consist of 2 citizens at large - Richard Prince, and Willyne Beecher; at least one councilmember - Phil Jensen; with Kyle Gubler, and Troylinn Benson from staff. They will come up with the interview and testing parameters.

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 15, 2010 regular meeting minutes

4.      Review Invoices and Checks: $144,295.62

Planning Commission: No meeting

Water Board: No meeting

Sewer Board: No Representative

Fire District: Kyle Gubler reported that the board met on September 28^th. The main topic of discussion was Hurricane's possible withdrawal from the District. There were stated concerns with taxes and control of the board. Hurricane would like to add two more members with four of the seven coming from Hurricane. Toquerville, and Virgin did not approve. Councilmember Stratton from LaVerkin was not in attendance, but the board asked Gubler to speak for LaVerkin City. He voiced LaVerkin's opposition as well. Hurricane is still discussing withdrawal.  The board also discussed office staff hiring. They were originally interviewing for two individuals, the board decided to hire only one. They also denied hiring a fire marshal. One full-time secretary was hired.

Discussion about direction if Hurricane withdraws. Karl Wilson stated that the three small towns want to keep the district intact. Budget would be difficult for both Hurricane and the District to maintain all services. Also discussed that no assets have been turned to the District yet. They are leasing until everything is final. Wilson said that in the long term it would be better to purchase new equipment rather than pay service on debt. Would probably hire a full-time chief and part-time captain. Gubler said that there was consensus from the small communities that it would be more economical to work together in a District.

Citizen Comment & Request for Future Agenda Items: There were no comments.

UDOT Sidewalk Grant: Derek Imlay reported that the city has applied for a UDOT grant each year. Last year the city received a grant for 300' of sidewalk south of 300 South. This year the grant is for 400' from LV Swiss to the Maverick property entrance. The amount of the grant is $5,250.00 with a match of 25% from the city ($1,312.50), which may be in-kind. The city has one year to complete the project and expects it to be completed during this winter. Numbers for the application came from the 2006 road project. Those amounts reflected the economy at that time and should easily cover the costs associated with the sidewalk installation. Maverick will be expected to install the sidewalk on the corner when they build. Discussion that most sidewalk along State Street is 4' wide because that is the UDOT easement there. There is a 5' wide sidewalk near Shady Ridge trailer park. There was brief discussion that in the future LaVerkin would like to improve sidewalk areas with trees and other streetscaping. The city applied for that type of grant in 2006 and was denied, while other cities received enhancement grants. LaVerkin will be eligible to re-apply in 2011 or 2012.

High Desert Holdings, LLC -Payment of Riverwood Park impact fees: This item was continued from a previous meeting. Mayor Wilson gave protocol. Staff - represented by Kyle Gubler - would present, then Jonathan Zundell would present, then Council would review. He asked that the discussion stay with the Council during their review, unless they had questions.

Gubler informed that the item was on the agenda two meetings ago. The developers were looking to receive impact fees that the city has collected from Phase 2 and any collections from future phases of the subdivision for park development. The city had already paid $22,421.86 to High Desert Holdings from Phase 1. HDH believed that they had an agreement with the city for further reimbursement. There was no written agreement.

Kevin Bennett stated that he had listened to the recording of the July 18, 2007 meeting. The motion in the minutes were correct, but the minutes didn't reflect the discussion and clarification following the motion.

Kyle Gubler read the transcription and comments made by Bennett. "Councilman Beecher's motion: 'I move that we approve the concept of waiving the impact fees for Riverworks (Riverwood)- of reimbursing the impact fees (I like that better anyway)-in exchange for the park and specifically agree to release $22,421.86 on Phase 1 now on a conditional basis-conditioned on you and staff discussing it and coming back with _________(inaudible).'  Mr. Bennett: 'Is that $22,421...is that all of them? Isn't there going to be more coming out of Phase 1?'  Mr. Reeves: 'Basically, we would waive - that we would reimburse - the amount that we collected and reserved for that -the $22,421 - and then any future impact fees that the City collects within Phase 1 would also be released in exchange for the land ________(inaudible).' Whereupon, there was no further discussion and no clarification or acknowledgment of Mr. Reeve's clarification. The vote was taken: 3-0 in favor of motion."

The only mention of other phases was conceptual. The Porters received the conceptual proposal just prior to the meeting and hadn't had time to review. Porters and the staff were directed to get together to decide what and when everything would be required. There was no agreement from Phases 2-5, only Phase 1.

There was discussion that the impact fee reimbursement had been capped at $68,020.86. Gubler stated that staff felt that the implication was that all Phase 1 fees would be reimbursed to that cap, but nothing more. And that those fees would be paid out as the city collected them. Bennett said that the motion was conditional for future phases, the $22,000 was for sure and the reimbursement of the Phase 1 fees was implied. The reimbursement was to cover the cost of the park land.

Jonathan Zundell replied that as they listened to the recording, the developers came to believe the same thing as stated by staff. In the recording Mr. Reeves said that the park would be good for the city, good for the development, and good for the homeowners. The developers were not under any obligation to improve the park, but they did it hoping to be reimbursed. They didn't want to wait for ten years to collect the impact fees to improve the land, and it was good for everybody. If the city didn't pay into this park, they could use the impact fees for other parks in the city. It made sense to use the impact fees from homes in this development for the park in this development. The developers did work with staff on the improvement process. There was never an intention to make money on the impact fee collection, their intent was to provide a nice park - to make it so that weeds didn't collect for ten years while impact fees came in - that would be good for the development and the city.

The recording showed that the impact fees that were released were to reimburse for the land the city had already received. Since the review of the recording, Zundell stated that the developers would agree to accept only the fees collected from Phase 1 as they are collected. Without the reimbursement, the improvements would have taken years to put in.

Karl Wilson discussed the possibility of impact fees going up or down depending on the economy. There are 13 more permits available in Phase 1. There was question about how the cap was set. Even at the current park impact fee of $3,256.00 - that cap wouldn't be reached with the remaining impact fees to be collected.

Wilson saw the issue as two-fold. The first issue was the land purchase, the second issue was the park improvements. The land purchase was to have been taken care of with the Phase 1 impact reimbursement. Discussion that the improvements, per the handout in the packet, were

$120,378.51 - not including the land.

Ray Justice made the motion to continue the item at the previous meeting, in order to listen to the recording. He agreed with what had been said concerning the impact fees from Phase 1 being reimbursed for the land purchase.

Discussion that the impact fees were not locked in, that staff recommendation would be for all Phase 1 impact fees to the cap of $68,000. That the cap was probably put in place because it reflected the value of the park land, not the amount of impact fees possible to collect.

There were two homes in Phase 1 where impact fees were not collected. One of them was a transfer of impact from a home that was demolished in the construction of the subdivision. The other was the first house built in the subdivision. There was no memory as to the reason this home's park impact fee was waived.

Bennett stated that the motion and the clarification following the motion made no mention of future phases. There was no agreement taken back to Council as directed in the motion that was made. The motion was not amended to accept Reeves' proposal, only to reimburse the $22,000 and fees collected from Phase 1.

Zundell restated that the developer was willing to receive only the fees collected from Phase 1 as they are received by the city, with no cap.

Karl Wilson stated that without further detail provided by the developer, he would recommend denial at this point. There was no formal agreement for the improvements. He would like to see a written explanation of what was actually done to validate the recommendation to Council. He would recommend to continue the second item.

Recommendation from Council to Zundell to provide more detail as to the actual improvements.

Ordinance 2010-08: An Ordinance Amending Title 9 of the LaVerkin City Code, and Providing For Certain Limited Exceptions to the General Rules, Procedures, and Costs Pertaining to Temporary Culinary Water Service Connections and Disconnections; and Providing and Effective Date.

There was mention that in order to address the following item of business, this ordinance was put into this slot on the agenda.

Kevin Bennett researched the allowance for 48-hour turn-on for realtors. He discovered that City Code did not provide for any exception to the deposit or monthly fees. He also discovered that the change was made by resolution by way of a fee schedule update, not a dedicated resolution. It allowed 48 hours of service with less than 1,000 gallons of water for a $25.00 fee. A resolution cannot supersede an ordinance, so the ordinance was created to bless what had already become history and to make an allowance by resolution as it had already been adopted, to allow for the exception in the future.

Councilmember Jensen left the meeting.

Bennett continued that the city has agreements with other entities - namely the WCWCD, Ash Creek Sewer District, and the Solid Waste District - the city passes on their costs. This exception cannot be in violation of our agreements or result in an assessment from them. Once the ordinance was in place, the Council could decide what to do with the exception. Bennett recommended approval to this ordinance, to make the exception consistent with Code.

ERA Brokers: Request to allow real estate agents or companies longer than 48 hours of temporary water service for inspections and appraisal purposes. This item was continued from a previous meeting.

Troylinn Benson reported that Hurricane requires a full $300.00 deposit. If the temporary service lasts longer than three weeks, they charge for the full month/services.

Phil Jensen re-entered the meeting.

Bennett stated that in LaVerkin, if a resident voluntarily asks for the water to turn off, they are charged $25.00 when it goes off, and $25.00 when it is turned back on, with no use allowed. With the exception allowed by the ordinance just passed, realtors are only charged $25.00 once and can use up to 1,000 gallons. That will remain until it is changed.

Zundell responded that their issue is timing for bank-owned property. LaVerkin is different than other utilities. Gas and Power will go on at anytime for the length of time requested by the realtor. There was mention that Hurricane wants more than $25.00, and that they will allow one deposit to cover several "turn-on/turn-off" uses. Zundell stated that they haven't had any problem working with Hurricane City for the length of time they have requested.

LaVerkin is obligated to collect on agreements with other entities if the water service is on. There has been some effort to contact entities. Ash Creek has said that they will work with the city. The Solid Waste District was not contacted.

Justice clarified that the developer's issue for a longer window is to allow coordination for appraisers, realtors, banks and inspectors to do their work while the service is on. Zundell added that during this foreclosure season, there is more difficulty for coordination and the concern should not be long-term.

The issue for the city comes when the other services are used while the water is on, or if there is a leak. Zundell will come back to staff with a specific time request so that the entities may be approached. Those other fees are the trigger. Statement that other realtors are working within the 48-hour time frame. Mayor sees a valid need, but doesn't want to risk the services for the rest of the citizens. The window should be the smallest possible. Justice would like to see a statement that if the term is longer and there is a water break of 25,000 gallons or more, the agent would be responsible. Gubler said that with the entity contracts, they may not know what the cities are doing, but it is happening.

Strategy session to discuss the purchase, exchange, or lease of real property.

Reconvene from Executive Session: 7:46 p.m. No action from the executive session.

City Administrator: Kyle Gubler reported that there had been no word from Maverick, John Postert was in the process of rubberizing the playground at Zion View park. Gubler has been in record management training in Cedar City. The ZC3 will be bringing a Scenic Byway presentation. Kent's property didn't get planted before the rain, but should be done by next week. Didn't use mulch from the WCSWD. Ray Ballard tested the soil, it was very fertile.

Public Safety: Lloyd Watkins reported that the stats are on line. September was up 37% over last year. There have been more thefts, burglaries, and child abuse cases in LaVerkin.

Director of Operations: Derek Imlay reported that there was an irrigation break on 100 East over the weekend that flooded the basements of two houses. He and Luis Marin repaired the break in order to get the water back in the lines. The break would be the homeowner's concern.

He went to a Rural Transportation meeting. They are working to reprioritize requests for State funded projects. Hurricane, LaVerkin, Leeds, and Toquerville will be presenting their projects at the next mayor's meeting. LaVerkin's list includes passing lanes up the twist, access at 500 N. State, and a pedestrian walkway on the west side of the bridge. They are all in the top ten project list. The State Board will decide.

Treasurer: Troylinn Benson reported that there were 169 shut off notices, 87 door hangers, 13 shut off and 5 still off, and abandoned. There have been 15 applications for the job.

Mayor & Council:

Mayor Wilson: Both Confluence Park grants were awarded. One was for a trailhead/parking lot grant for $53,000, and the other was $30,000 for restoration and tamarisk/Russian olive removal. Kathleen Nielson is the grant writer and has done a wonderful job. She has worked with a company that will charge half price for the removal because it will be done in the off-season. The company removes the tamarisk and has to apply a chemical within 3 minutes for complete eradication. Beecher wondered about the status of a trail bridges. Mayor said that there was no money available now, but Nielson is looking for a grant.

Irrigation use is up. Cleaned the meter, use is higher than historically been. Wants to educate the public about secondary water use - night/day. Doesn't want to police the service, but need to be able to promote proper use of secondary as support to culinary water. Filter project will have its own meter tied into the SCADA system. This year is the closest the city has ever been to using its share of irrigation water. Filter project will begin on November 1^st.

Wilson attended the Utah League of Cities and Towns conference in Salt Lake. He went to the budget/financing and water classes. He met Richard Moon from the State Auditor office. He would like to work to get more LaVerkin representation at that training another year.

Jensen: No report. He will contact the Solid Waste District about the short-term water service.

Justice: Met with Curt Hutchings from Five-County and Kyle Gubler about the corridor transportation. Working plans 10-20 years out. Justice also attended election training this morning for the November 2^nd election.

Beecher: Beautification Committee made final arrangements for the City Clean-up on the 16^th from 8-10 a.m. They expect another good turn out this year. The youth home will be there on the 13^th. Signs (8) will go out to advertise. There was a donation made to take care of doughnuts and drinks for the youth who won't be able to gather on the 16^th. The Christmas lighting contest will be in December. The committee discussed the yearly contest that has been held by the county. The last year winner is supposed to sponsor the next year. Leeds won last year. There has been no word about this year's contest.

Stratton: Not in attendance.

Howard: No report.

Minutes taken by June Jeffery.

Date Approved, October 20, 2010

Mayor, Karl Wilson

ATTEST:

June Jeffery, CMC

City Recorder