Wednesday, October 20, 2010 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present: Mayor Karl Wilson; Councilmembers Phil Jensen, Hugh Howard, Scott Stratton, Ray Justice, Doug Beecher; Staff: Kyle Gubler, Chief Lloyd Watkins, Troylinn Benson, June Jeffery, Derek Imlay; Public: Katie Wilson, Monica Thayne

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

Recognitions: Mayor Wilson recognized this as the last meeting for June Jeffery. He introduced Katie Wilson as a new secretary. Kyle Gubler discussed the hiring process. There were about thirty applications that were narrowed to six interviews. Troylinn Benson, Kyle Gubler, Phil Jensen, and Willyne Beecher conducted those interviews. Kathryn (Katie) Wilson was the most qualified, and ranked first on all interview sheets.

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: October 6, 2010 regular meeting minutes
• 4. Review Invoices and Checks: $60,145.92

Motion by Councilmember Justice to approve all the items on the consent agenda including October 6, 2010 regular meeting minutes, and invoices and checks in the amount of $60,145.92, second by Councilmember Beecher. Roll Call Vote: Stratton -yes, Beecher-yes, Jensen-yes, Justice-yes, Howard-yes. Motion carried unanimously.

Committee Reports:

Planning Commission: Ray Justice reported that the Planning Commission met and reviewed the Hillside Ordinance. It will be coming to City Council at a later date.

Water Board: Karl Wilson reported culinary water use had been going down. Just under 19 million gallons last month. City is under in its Toquerville Springs allocation. Most of the water is coming from the Cottam Well. Irrigation water was above for the last three months. Next year the city will have its own meter. Expected to be better. If water use is as high next year, there will be a campaign of education on using the secondary system. Derek Imlay gave a report on the filter project. Water will be shut down on November 1^st. The construction project will take about 2-3 weeks to complete.

Sewer Board: No representative.

Fire District: Mayor Wilson copied articles from the Spectrum about Hurricane's withdrawal from the Fire District for each of the councilmembers. He had met with Mayor Lefevre from Toquerville, and Mayor Grow from Virgin about their support for the fire district continuing. They are both in support. Will include the three cities and the unincorporated county. There was a question about the boundaries including Sky Ranch area. That is county, but may be better to contract that area to Hurricane's fire department. There is a year for the withdrawal to take place - effective January 1, 2012. As currently established, 28% of the revenue will come from taxes of the three cities, which is in-line with population. 83% of the commercial buildings are in Hurricane. Hurricane doesn't believe that their tax requirement is fair. The district was approved by all the cities and Hurricane has two seats on the board. Wilson is having a letter drafted for the three mayor signatures to be sent to the county in response to Hurricane's actions. The options for the district appear to be to stay as it is; Hurricane withdraw, and the rest stay as a district; or contract with the Hurricane fire department. Wilson believes that the district can be operated on the taxes for the area laid out, but there may be a loss of paramedic services. Fire ratings would be better for insurance with the district, but Wilson believes LaVerkin can remain a "5" with an upgraded water system and a little equipment. When asked about Chief Kuhlmann's response, Wilson replied that he is neutral on the issue. Doug Beecher stated that he would like to work with Mayor Wilson on the figures for the smaller district.

Citizen Comment: None

Public Hearing: None

Business:

Resolution No. R-2010-19:  A resolution approving, ratifying, and otherwise authorizing a cooperative agreement with the Utah Department of Transportation for the construction of a sidewalk along SR-17 ("Sidewalk Grant"); and establishing an effective date.

This item was addressed as a grant approval last month. This resolution ratifies the approval of the grant.

Motion by Councilmember Justice to approve Resolution R-2010-19, second by Councilmember Jensen. Discussion on the Motion. Doug Beecher commented that though the resolution didn't mention the width of the sidewalk, he would like to see some movement to get the right-of-way and the property to widen the sidewalk to 5' and plant trees. It would be easier right now while the project is in the process than come back later. The money may not extend to the length that was applied for, but the sidewalk would be nicer. He would at least like to work with the landowners to see if they were open to the quit claims. The wider sidewalk would improve their properties. He would like staff to investigate the option a little. If this new sidewalk went in at 4' it "sets a precedent for future improvements". Derek Imlay replied that even if the city worked with the property owners, this project couldn't be changed because of the way the grant was approved. It was approved for 400' x 4'. Further cost would have to be taken out of city street funds. Doug Beecher stated that he wasn't sure if the grant was for an amount of money or for the length of sidewalk. Imlay stated that there is a one-year time frame to complete the project. He could discuss with Celtic Bank, and Maverick about rights-of-way and property acquisition. The Cross Creek building has sidewalk in front of it and is not included in the granted sidewalk. Hugh Howard agreed that a 5' sidewalk would be better. He would like to see the staff take the time and then report back to the Council. There was a mention that the State would come through and tear up sidewalk when they improve, no matter what the width. Karl Wilson would like to have the property owners quit claim, rather than have to condemn and agreed that the improvements would be worthy if agreement could be made with the property owners. If not, the project would need to move forward as planned. Beecher stated that he didn't want to "mess up" the project, if it weren't practical, staff should back off the 5' width. Derek Imlay will talk to Scott Snow and Celtic Bank. Karl Wilson stated that when Maverick built, they would be expected to put in a 5' sidewalk. There was mention that Maverick will be buying the Chevron. The application for the sidewalk went in for 4' because that was in the code and would build consistency in the sidewalk. Imlay will look at 5' and report at the next meeting. Discussion whether Hurricane's new development was 5' wide, or 6' where there were trees.  Sidewalk by Shady Ridge trailer park and is 5' wide. Scott Snow would have to get the easements for the State Highway. Karl Wilson said that the Planning Commission may be up to a General Plan update to include 5' in development, but a width change may not be practical for this project. Roll Call Vote: Howard-yes, Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes. Motion carried unanimously.

Staff, Mayor, & Council Reports: 

City Administrator:

Maverick: Kyle Gubler reported that he had no word from Maverick. Derek Imlay stated that a Maverick representative came to the office today. June Jeffery talked to him. June stated that the representative came to start the process for business and beer license. He told her that they expected to close the purchase in December. Maverick wasn't sure whether they would stay open and remodel the building around them, or if they would close, remodel and then open back up.

The beer license will come before this body in a public hearing. Mandi Woods is over licensing. She, Kyle Gubler, Derek Imlay, and John Postert will be reviewing the application. Stratton wondered if the new beer license could be approved next to the church. Jeffery stated that this would be an off-site license, where people purchase and take the product home or to another location to consume. The State regulates on-site alcoholic consumption and those licenses have proximity requirements. City code has a quota for off-site, but the State has become more lenient in the past few years, and if the city gives consent, some of the proximity requirements can be waived. Staff will be reviewing the licensure process, keep the council informed, and it will come back to council at a later date.

Kyle Gubler wondered whether Arby's would remain in the Maverick building, and about the contract Todd Langston had with Chevron. None of that was discussed with the license paperwork request.

Zion View Park: Gubler reported that LaGrand Imlay had been working with the youth homes to remove the old wood chips from the playground equipment in Zion View Estates. John Postert will be putting down road base in preparation for the rubberized surfacing.

New Hire: The new hire will be in attendance at the next council meeting.

Beautification Committee: State Street clean up was done, grass has been planted at Kent's.

ZC3: Amended their bylaws and removed Hurricane as a voting member. They discussed the transit feasibility study, want cities to adopt a resolution of support. That will be on the next agenda. They discussed Mosquito Cove. Jimmy Tyree wanted to close it, but the opinion of the board was that those people would find somewhere else to go. May put together some campsites and man it. The BLM would be involved with the communities. They would like to rename the scenic byway to Zion Scenic Byway. Five-County would like to make a presentation at a council meeting.

Public Safety: Lloyd Watkins reported that his officers have been busy. There were 13 felonies last month. He recognized Travis Romney for making a lot of the arrests. The officers work well together. Kade Hall took a report that drugs were in the home, he worked with the task force. They caught the people leaving. Romney worked with DCFS. Watkins again stated that he worked with some outstanding guys and that he was lucky to have them. 

Director of Operations:

Weeds in Zion View and Riverwood: Derek Imlay reported that property owners in Zion View Estates were notified to clear weeds from vacant lots. Wadman Construction cleared all of their own lots, and all other vacant properties. They should be burning during the next week. Riverwood Estates was also sent letters. Three lots in Phase 1 have been done, Ash Creek Sewer District cleared their six lots. There is work to press forward to clear the remaining lots in the subdivision.

Filter Project: Mayor Wilson has been working with the WCWCD to put a SCADA system in the filter station. The District will be involved with 100% participation. The SCADA system will show tank levels on their website and the city officers can read from their offices. If the filter station gets in trouble, the system can also be turned off from the offices through the website. Imlay complimented the mayor for his good work.

Treasurer:

Shut off: Troylinn Benson reported that the shut off happened today. There were 7 shut off. At least 2 of them are vacant.

Financial Reports: Benson handed out quarterly financial reports.

Mayor & Council as follows:

Mayor Wilson: Confluence Park meeting earlier today. Kathleen Nielson reported on the two grants that have been received for the trail head and for the restoration. County Commission approved the grants by resolution yesterday. The county will be the funding/reimbursement agency. The HCP will manage it.  Wilson attended the HCAC meeting yesterday. BLM-HCP will become a multiple agency over land as a management team. Water Board was held Monday. Sewer District will be saving money by changing health plans. They are looking at a broker like LaVerkin has. With a broker, staff is not in the middle to find the best plan.  

Jensen: No report

Justice: Planning Commission, Confluence Park and ZC3. No further report. He thanked June Jeffery for her work, and welcomed Katie Wilson.

Beecher: State Street clean-up went well. There were 110 participants. The 7^th ward had 35 people. Other wards had 10-20. LaGrande Imlay's crew of youth went earlier in the week. The street looked really good. He also thanked June Jeffery, and referred to the relationship she had with his daughters. He welcomed Katie Wilson.

Stratton: Fire Board is really political right now. Sports Park had a gentleman become belligerent and he was told to leave. Now an attorney is involved and the park may get sewed. 

Litehouse Dressings wants to bring in a production plant. The sewer board has requirements for the removal of solids, oils. The company wants the board to build a $2 million plant to treat. There was some suggestion that the company should build their own treatment plant and work out management with Ash Creek. Hurricane wanted the board to build the facility. It was a long meeting. Wilson commented on the item concerning payment by rate payers for a facility that could bring in business. Would raise cost now, but possibly lower rates later. Wilson would like to see the business, but not in this economy. The board didn't want to discourage business, but no one but Litehouse would be using the plant. It is a tough issue.

Howard: Hugh Howard left the meeting during Stratton's report.

Adjourn: Motion by Councilmember Jensen, second by Councilmember Justice. Motion carried unanimously at 6:52 p.m.

Minutes taken by June Jeffery.

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Date Approved       

 ____________________________________                                                                         

Mayor, Karl Wilson

ATTEST:

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Kyle Gubler

City Recorder