• B. Recognitions:

• C. Presentations:
• 1. Capt. Jason Seegmiller from the Utah Nat'l Guard

• 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: October 6, 2010 regular meeting minutes
• 4. Review Invoices and Checks: $37,937.88

• 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:
• 1. CDBG grant 1^st public hearing - Mayor Wilson

• I. Business:
• 1. Resolution No. R-2010-__: Consideration and possible action on resolution in support of the Zion Canyon Corridor Council's Hurricane-to-Zion Canyon Transit Study.

• J. Adjourn to Executive Session:

• K. Reconvene from Executive Session:

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

• M. Adjourn:

LaVerkin City Council Meeting Minutes

Wednesday, November 3, 2010 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present:  Mayor Karl Wilson; Council-members:  Phil Jensen, Hugh Howard, Ray Justice, Doug Beecher; Staff:  Kyle Gubler, Chief Lloyd Watkins, Troylinn Benson, Katie Wilson, Derek Imlay, Kevin Bennett, Public:  Blair Gubler, Tom Kuhlmann, Cpt. Hyrum Durfee, Cpt. Jason Seegmiller, Reed Scow, and 1 unknown citizen 

Council-member Scott Stratton is excused for vacation.

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

Presentation given by Captain Jason Seegmiller of the Utah National Guard in support of our troops.  He presented a 2 minute music video, "The Price of Peace" written and sung by Alyssa Gaddis and Cassy Gaddis.  In 2008, the Secretary of the Army created the Community Covenant Program.  This program addresses the needs of families of servicemen and is meant to relieve the burdens on a local level while those servicemen are deployed.  In February, Utah was the first state to dedicate a full-time team to meet with cities and towns to promote this program.  The Utah Governor and Legislature is encouraging towns and cities to look seriously at this program.  The Community Covenant Program is tailored to the local level and encourages cities to make a committee or group headed by a volunteer to meet periodically to assess the needs of the military families in that community.  A Community Covenant Signing Ceremony would be a visible event for the citizens.  Many cities are adding this event to an event that is already planned.  This program is a good way to promote communication between city leaders, the military and the families of deployed service-members to find ways to support those families.

Mayor Wilson recommends adding the Community Covenant Signing Ceremony during Winterfest in December.  Capt. Seegmiller is willing help the chair of the committee and answer any questions.  Kyle Gubler will give their contact information to the chair of Winterfest.  With advanced notice the Nat'l Guard team may be willing to attend the parade.  The Mayor and the City Council is in full support of the Community Covenant Program.

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.)

Motion by Council-member Jensen to approve all the items on the consent agenda including October 20, 2010 regular meeting minutes, and invoices and checks in the amount of $37,937.88, second by Council-member Beecher.  Roll Call Vote:  Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

Committee Reports:

Sewer Board:   by Blair Gubler.  The budget was reviewed and was able to drop $250,000 off the budget from the previous year.  The Sewer District will continue to cut the budget whenever they can.  Litehouse has bought their building and have been working with the Sewer District.  They are building by the Wal-Mart Distribution Center and will be bringing about 180 jobs into the area.  The Sewer Board is still working on what to charge.  Litehouse will share in the impact and the load.  Their lagoon system will be on-site and provide their own treatment center.

Fire Board: No one to report

Planning Report:  none

Water Board:  none

Citizen Comment:  None

Public Hearing:

Community Development Block Grant 1^st public hearing:

Mayor Wilson, opened the public hearing for the CDBG program and stated that this hearing is being called to consider potential projects for which funding may be applied under the FY 2011 Community Development Block Grant Program.  It was explained that the grant money must be spent on projects benefiting primarily low and moderate-income persons.  The Five County Association of Governments in which LaVerkin City is a member, is expecting to receive approximately $800,000 in this new program year.  All eligible activities that can be accomplished under this program are identified in the CDBG Application Guide and interested persons can review it at any time.  Mayor Wilson  read several of the eligible activities listed including, (Examples such as: Construction of public works and facilities, i.e.: water and sewer lines, fire stations, acquisition of real property, provision of public services such as food banks or homeless shelters.  Also eligible are loan programs for private businesses which would then hire low income persons and the program can also pay for housing rehabilitation for low income homeowners or for persons owning rental housing for lower income persons).  Mayor Wilson indicated that in the past LaVerkin City has received seven grants for; in 1982, a community facility at $4,076; in 1984, a fire grant for $74,000; in 1990, a water grant for $33, 052; in 1992, a water grant for $20,000; in 1993 a water grant for $21,050; in 1995, for flood control planning for $20,397; in 1995, an ADA grant for $86,530.  The town has handed out its capital investment plan as part of the regional Consolidated Plan.  This list shows which projects the city has identified as being needed in the community. 

Approximately $570,000 has been preapproved for multiyear applications and so the Association of Governments for the administration of CDBG programs will leave about approx. $300,000 for region allocation.  The one year action plan includes the feasibility of a community center, road and infrastructure, drainage system and irrigation system upgrade. 

It was asked that anyone with questions, comments or suggestions during the hearing please identify themselves by name, before they speak.  The clerk would include names in the minutes and the council would like to specifically respond to questions and suggestions during the hearing.  Wilson opened the meeting to public and council comments. 

No comments were made and the public hearing was adjourned at 6:30 p.m.

Business:

•1.       Resolution No. R-2010-20:  A resolution in support of the Zion Canyon Corridor Council's Hurricane to Zion Canyon Transit Study.  The study would find if it is feasible for transit between Hurricane and Zion National Park and to show if the community is in support of it.  Questions were raised concerning from where the funding would come, the government, from philanthropic investors or taxes, and concerns with ADA and the transit authority.  Mayor mentioned that while traveling, using the public transit can be more relaxed and cheaper.  Jensen would like adjustments be made for seasonal use, i.e. low traffic in the wintertime.  An option would be ¼ % be added to the sales tax to cover the cost of ridership.  Justice would like to go on record that the public needs to be more responsible for the environment.  That any options that can be looked at to take traffic off the roads, preserve fossil fuels and clean up the air the public needs to do.  He encourages using recycling programs.  Since the shuttle system in Springdale was implemented the air is cleaner, it is quieter, parking is more available, time is reduced and more wildlife is seen.  Citizens need to be more responsible to extend the life of this planet.  Beecher wants the sales tax be looked at. 

Motion by Council-member Justice to approve R-2010-20, second by Council-member Beecher.  Motion carried unanimously.

•2.       Lantis Firework Merchandise Contract and Purchase Order:  A contract with Lantis to purchase $500 of fireworks.  Fireworks for Winterfest 2009 were $3,500 last year.  The high school donated leftover fireworks to LaVerkin Winterfest 2010 and Jeff Adams can provide other leftover fireworks at a reduced price.  The donated fireworks are large and will need to be fired from another location such as the overlook.  There is already $2,200 in the donated fireworks account and after the $500 there will still be money left in that account.

Motion by Council-member Hugh Howard to approve the contract with Lantis, second by Council-member Jensen.  Roll Call Vote:  Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

•3.       Resolution No. R-2010-21:  Consideration and possible action on resolution adopting substitute/revised Sidewalk Grant Cooperation Agreement with UDOT, for 400' extension of sidewalk on SR-17.  This is to fix the way the grant was worded to the state.  The state is agreeing to pay 75% and not 100%.

Derek did the measurements that Council-member Beecher asked him to do during the last city council meeting.  If the city wants to conform with Hurricane City's sidewalk it would possibly more than double LaVerkin's cost, adding $7000 - $8000.  The tree grates are $400-$500 each and the state will not help with that cost.  Not feasible at this time, but possibly change the construction standards and easements for tree planting and start setting a precedence.  Beecher appreciates the work Derek put in and the report.  Mayor requested Kyle Gubler to request the Planning Commission to look into changes.

Motion by Council-member Jensen to approve R-2010-21, second by Council-member Justice.  Roll Call Vote:  Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

•4.       Resolution No. R-2010-22:  Consideration and possible action on resolution adopting and approving three related cooperative agreements for a Utah Geologic Survey, geologic hazards study and the financing thereof by the State of Utah and SR-9 Corridor communities.  LaVerkin agreed to be the sponsoring city.  Four cities are involved and will spend $500 each plus $55 for travel expenses.  In the spirit of cooperation LaVerkin agreed to pay its ¼ of the $2000 to equal $500.

Motion by Council-member Justice to approve R-2010-22, second by Council-member Beecher.  Roll Call Vote:  Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

•5.       Vacation Policy:  It was brought to the Mayor's attention, three years ago the vacation policy was changed that employees have to use ½ the allocated vacation for that year and could bank the rest.  A chart was included to show how much allocation has been banked.  The amount of liability on the books is almost $112,000.  The vacation was not meant to be used for retirement; it is for relaxation, re-cooperation and rejuvenation for the employee.  If these employees were to leave the employment of the city for any reason the city would not be able to absorb the cost.  Mayor would like to get direction from the City Council at a future time.  A talking point to consider is approving the amount of hours on the books as the amount of hours the employee actually has as it is done with sick leave hours. Another talking point to consider is to change the end of the year for vacation use from July 31^st to December 31^st because December is a light work month.  Possibly make some policies to be able to carry over some hours to the following year working with the Administrator.  The Mayor Recommends an hour-cap and encourages use of the vacation time for the intended use.  A possibility is for the city to buy back some of the banked hours.  The employees should be grandfathered into any new policy.  Jensen has concerns that a few days make a lot of difference for other employees taking over the work load.  He also stated that it is frustrating to lose earned vacation hours because of nonuse.  Give the employees enough time to schedule their vacations.  Beecher recommends making a calendar and put a limit on the number of employees gone at one time and pick by seniority.  Kevin Bennett interjected that some employees cannot plan ahead because projects are unknown at the beginning of the year.  The Mayor redressed the possibility of hiring a temporary/part-time employee.  The main concern is the liability of the city on the books if employees with banked hours were to leave the city.

Motion for general direction to schedule a work meeting with staff and at least 2 council-members to bring back to council at a later date made by Council-member Beecher, second by Council-member Justice.  Motion carried unanimously.

•6.       Hurricane Valley Fire District:  Review and possible action to support the letter of commitment to the Hurricane Valley Fire District.  Kevin Bennett drafted a letter for the 3 Mayors (LaVerkin, Toquerville, and Virgin) to sign concerning the Hurricane Valley Fire District.  Council-member Beecher was impressed with this letter of commitment.  This letter is not to give advice or direction but to let the county know they would prefer the larger fire district and ask the county to do a study.  Kevin Bennett suggested some changes that the other cities seem to be pleased with.  The LaVerkin ISA was a 5 but with reevaluation is now a 6 due to business buildings in Hurricane.  Chief Kuhlmann is trying to retain the 5.  The letter invites Hurricane to reevaluate their position/determination to withdraw from the fire district.  Phil Jensen is in full support of the letter.  Doug Beecher deems the situation regrettable after working together for four years.  After Beecher had a conversation with a councilmember from Hurricane, he feels they are not up for a compromise on their part.  Ray Justice is also in favor of the letter and says the whole issue comes down to political control.  He feels Hurricane is not about what is best for their community and are forgetting who they represent, the citizen, the business owners and the patrons of those businesses.  Justice wants to exclude Hurricane and everything east of Hurricane and Sky Ranch if they withdraw.

Motion in support of the Mayor signing the letter of commitment by Council-member Ray Justice, second by Council-member Jensen.  Motion carried unanimously.

Fire District:  Chief Tom Kuhlmann gave his report now.  He encourages cooperation of the fire district.  He would like to move forward with the willingness to look at all aspects.  He fears the service will be jeopardized; it is hard to decrease size and keep the level of service.  He recommends the cities to build and maintain their own fire stations.  The budget is mostly due to personnel.  He likes the letter to the county commission.

Motion to adjourn to Executive Session made by Council-member Ray Justice, second by Council-member Doug Beecher.  Motion carried unanimously.

Reconvene from Executive Session at 8:14 p.m.

Staff, Mayor, and Council Reports:

Kyle Gubler:  Maverick is officially buying the Chevron building on December 1^st and purchased the property directly south so the property is even with the church next door.  Daryl Eves has not returned calls concerning L tech meeting.  Zion View Park has taken out the wood chips.  The road base starts today to get ready for the rubberized surface to be put in.  Amy Gubler is in charge of Winterfest on December 4^th and he will update her about the Nat'l Guard Covenant Program.  Rosenburg and Assoc. concerning 111 S Main came back with some proposal about water removal from roof.  Patty Bracken found plans for the building her father had saved.  Rosenburg wants an idea of what the city council foresees for the building in the next 5 years and suggest an appraisal done for the property.  Tearing it down is not an option to pursue.   He welcomes Katie Wilson to the staff. 

Lloyd Watkins:  Calls were 75% up over last year and 20% since January over last year.  Kade Hall turned in his resignation and his last day is November 4^th.  He is going to the Kane County Sheriff's office.  The city was lucky to have him.  Chief offered the position to Darren Richmond and he will start on November 15^th and will be able to slip in without much problem.  The police dept will continue with the level of service without trouble.

Derek Imlay:  Monday officially started the filter project and will pour concrete by the end of next week.  The State will be able to come down and look at the project as a part of the loan requirements.  Dave Helm contacted the city concerning the Sunset View Estates.  He is bringing investors to go over the contract on
Wednesday that never was officially signed to redevelop 400 North.  He will have to start the whole process over.  John applied for a grant with the forestry service for $1600+ for John and Luis to become certified arborists.  Grant money is for our 155 trees to put a 2 ft circumference around the trees for protection.  Riverwood Phase 1, half are in foreclosure.  Phase 2 is in ownership by Color Country and clearing lots.  Phase 3, Ash Creek, final in Planning Commission on the 10^th and have cleared 6 lots.  A lot of bare property was cleared up of weeds this year which was the basis of many complaints.  The burn has ended.

Troylinn:  Thanks the council for the University of Utah Treasurer training and will instruct employees on what she has learned.  Welcomes Katie Wilson and states she is doing great.

Mayor Karl Wilson:  The County had a meeting in Confluence Park.  They are starting the trail head parking lot project and the restoration project around LaVerkin Creek.  They will be going for more restoration money next year.  Hikers are not too affected and they can get around the workers.

Phil Jensen:  Solid waste meeting is next Monday.  The bins cannot accept/recycle corrugated cardboard.  Beecher discussed the proposal for the curbside pick-up.  There is a lot more to be worked out.  The Solid Waste District is trying to do the same thing and that would be more feasible and they need a chance to work up a plan.  Jason Godfrey, Allied representative, said more than he should have at the previous meeting's discussion.

Ray Justice:  reports on the elections that took place on November 2^nd.  733 voters in 13 hours and averaged 56 voters per hour.  852 votes were cast from 1488 voters that is 57.6% turnout.  There was a long line between 10 a.m. and noon so the county brought 3 more machines at 2 p.m.  Provisional ballots = 58.

Doug Beecher:  Beautification meeting was held previous to the city council meeting.  The Christmas lights competition will judge after December 13^th.  There is no need to sign up; the judges will just drive around.  Kyle Gubler will put the contest into the city website.

Motion to adjourn by Council-member Doug Beecher, second by Phil Jensen.  Motion carried unanimously at 8:37 p.m.

Minutes taken on behalf of the City Recorder by Katie Wilson.

 _______________________________________

Date Approved:     November 17, 2010

Mayor, Karl Wilson

ATTEST:

Kyle Gubler