• 1. Community Covenant Signing Ceremony
• 2. Kyle Webster - Boy Scouts of America

• 1. Declarations of conflict of interest
• 2. Agenda
• 3. Minutes: January 19, 2011 regular meeting minutes
• 4. Review Invoices and Checks: $42,097.76

• 1. Discussion and possible action on Animal Control
• 2. Discussion and possible action on billboard lease agreement
• 3. Approval of letter supporting WCWCD to develop a conservation/demonstration garden located adjacent to Pioneer Park.
• 4. Report, discussion and possible action on the Drainage Study
• 5. Discussion and possible approval of purchase of park property at 300 S State St.
• 6. Resolution No. R-2011-04: A Resolution opening and amending the fiscal year 2010-2011 budget.
• 7. Resolution No. R-2011-05: A Resolution of the LaVerkin City, approving the construction, installation, use and maintenance of a SCADA system, and the expenditure of funds (as a capital project) for said system; and providing an effective date.
• 8. Discussion and possible action for canceling the February 16^th City Council Regular Meeting.

LaVerkin City Council Meeting

Wednesday, February 2, 2011 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present:  Mayor Karl Wilson; Council-members:  Doug Beecher, Ray Justice, Hugh Howard; Staff:   Kyle Gubler, Kevin Bennett, Katie Wilson, Derek Imlay, Lloyd Watkins; Public:  LaVerkin Elementary School Cub Choir, directors and families; 2010 LaVerkin Royalty: Ashley Stackhouse, Christanda Drake, Audrey Stevens; Steven Leavenworth, Russ Funk

Phil Jensen and Scott Stratton arrived late.

Meeting Called to Order by Mayor Karl Wilson at 6:00 p.m.  Invocation by Steve Leavenworth

Presentation: 

Mormon Battalion posted the colors. 

The LaVerkin Elementary Cub Choir sang "America the Beautiful/ Star Spangled Banner" and "Celebrate America"

Captain Seegmiller spoke about the Community Covenant Program and how it was designed by the Sec of the Army in 2008 to find ways to increase the support for our military.  Utah has created a full time team to promote this program and is leading the way across the country.  Utah didn't need a program because the support was already there but this is a formal way to support the military and their families.  Capt. Seegmiller showed the public and the council of a picture he took of a bald eagle in front of the US Flag.  He is presenting the framed picture he named "American Grit" to Mayor Wilson and provided smaller copies to whoever would like to take one on the way out of the meeting.  The S. Utah military is willing to do whatever is asked of them.  He thanked everyone for coming and he thanked the city for supporting the military.

LaVerkin City Princesses sang "My Country 'Tis of Thee" and Miss LaVerkin, Ashley Stackhouse, sang "God Bless the USA"

Council-member Ray Justice read the Community Covenant Commitment and the Mayor and Council-members signed it.

The Mayor thanked and praised the servicemen in our area.  He commented our freedoms because of their sacrifice and service.  LaVerkin City passed an ordinance to help the servicemen and their families on their water bills and the Sewer District waives the sewer fee for them.  There have been no objections from the public.  He thanked these servicemen and the community.

The Mayor welcomed everyone in attendance of the Covenant Signing to stay.

A few moments were spent allowing the public to leave if they wished.

• 2. Kyle Webster (Boys Scouts of America): Thanked the Council for allowing him to speak to them. He is a Life Scout working on his Eagle project. He explained that his eagle project is replacing trees in Riverwood. There were previous trees there but they broke. He has spoken to Ballard Nursery and they recommend using Ash to replace the 10 broken trees. The cost will be about $300. He is requesting the council to help fund his project. Kyle Webster stated that these plantings will benefit the city in its beautification. Beecher questioned the total cost. The cost is for the trees and the planting would be by volunteers. Justice asked if there are funds from the Tree USA. There are funds available and the city can make the funds available to Kyle Webster as soon as he needs it.

Appointments:  A need has arisen, because of discrepancies between what LaVerkin and Hurricane were using of the springs water, to bring up a 29 year old contract.  The Mayor spoke to Clark Fawcett and Mayor Hirschi (Hurricane) to make an advisory committee consisting of both mayors, one councilman from each city and one person that both cities agree to.  The Mayor recommends the appointment of Scott Stratton.

(Council-member Phil Jensen entered 6:38pm)

Motion made by Justice to select Scott Stratton to be appointed to the Hurricane/LaVerkin transmission line committee, second by Council-member Phil Jensen.  Motion carried unanimously.

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. Declaration of conflict of interest
• 2. Agenda
• 3. Minutes: January 19, 2011 regular meeting minutes
• 4. Review Invoices and Checks: $42,097.76

Motion made by Council-member Phil Jensen to approve all the items on the consent agenda, January 19 regular meeting minutes, and invoices and checks in the amount of $42,097.76, second by Hugh Howard.  Roll Call Vote: Howard-yes, Justice-yes, Jensen-yes, Beecher-yes.  Motion carried unanimously.

Committee Reports:

Planning Commission:  nothing to report

Water Board:    nothing to report

Sewer Board:    Blair Gubler was excused

Fire District:  Tom Kuhlmann was excused

Citizen Comment:  nothing

Public Hearing:  none

Business:

•1.      Discussion and possible action on Animal Control:  The Mayor referred to the contract with Hurricane City that was included in the council packets and pointed out that the contract has expired and has been continued year-to-year.  In the budget he has calculated salaries and wages 5 hours a day, 5 days a week at $14 per hour to come up with $18,200.  Train police officers if don't have a volunteer on the weekends to clean and feed.  No benefits because it will be part time work.  This person will be trained and certified in all aspects of control including the drugs administered.  Mayor proceeded to explain the monies required to maintain the facility and put it into the budget with $36,750.  He believes it can operate on a lower budget than that.  If decide to go in this direction the contract states 90 day notice given to Hurricane.  Clark Fawcett (Hurricane) asked if we could give him notice as soon as possible.  Mayor talked to Darwin Hall (Ash Creek) about placing it just north of Confluence Park.  It will still be close to city but not too close to disturb neighbors.  Need to sewer and water access, not a problem, but power could be a problem so may have to store in the city unless they can run the power now at an added expense.  Possibly share the cost with Ash Creek.

(Council-member Scott Stratton entered 6:46pm)

Beecher commented on the vehicle payments at $10,000 with payments $2000/yr. for 5 years.  The Mayor stated his vehicle could be converted to start with to cut out payments.  Jensen commented that the part time worker could help in other areas of the city.  He believes having our own city animal control is in the city's best interest.  Justice mentioned that the part-time employee could be trained to be a nuisance/code enforcer.  The Mayor stated that the fastest growing department is the law enforcement.  LaVerkin is trying to catch this department up although they are underfunded for 4 officers and understaffed for the population.  He commended our officers for their work.  Animal Control would go under the Public Safety budget.  This may grow into a full time position with a specialized person.

Beecher stated that we'll be spending the same amount of money and planning for the future.  He mentioned a possible change in the city's liability insurance.  The Mayor will tell Troylinn to call the Trust and look into that.  Beecher doesn't believe it will be enough to change the council's mind but he is curious.  Jensen stated that it would take a lot to change his mind.  Lloyd believes we'll be more effective if it is under our city's control and take care of our own business.  He'll work it out if that is how the council decides.  Justice stated LaVerkin will have more autonomy and control of how much is spent and may be able to save money in the long run.  Mayor stated that if LaVerkin stays with Hurricane it is unknown if they will raise the rates.  Beecher stated the expired contract has gone up 20% gradually over the years.

Motion made by Council-member Phil Jensen to contact Hurricane to let them know that LaVerkin intends to create a LaVerkin City Animal Control and have staff being moving in that direction, second by Council-member Doug Beecher.  Roll Call Vote:  Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

•2.      Discussion and possible action on billboard lease agreement: Kevin Bennett - Lease expires in April.  Need direction from the Council to renew or go in another direction.  Between now and March 17^th is the window if the council wants to make a change.  As the proprietor of property, the city has the right to terminate the lease; if choose to terminate then what to does the council want to do with it within the zoning laws.  As the city, the council cannot zone out billboards but must give them the opportunity to move it to another place in the commercial district.  The billboard company has the rights and the law is on their side if council disapproves of move.  The sign now is blank on one side and cracked on the other side.  The council needs to terminate, change, or renew.  The city can change the use of the corner of that property but the billboard can relocate and possibly blight another part of the city.  Justice questioned that, as the land owner, is there any way to limit was is advertised on the sign.  Kevin restated that the council cannot separate being land owner and the city.  There are laws about billboard content being harmful to minors, but we cannot otherwise regulate content.  Beecher stated that commercial causes multiple issues.  He questioned how can change it since we can't zone them out.  They have a right to relocate within the commercial zone.  Kevin spoke about provisions in the code.  Howard questioned that if the city renews for 5 years is the billboard structurally sound or will it deteriorate.  The company has 60 days to fix it or back out. Howard questioned if the city could raise the lease rate.  Kyle Gubler stated that the billboard company may just let it go.  Staff only found out about this because the company made a payment which brought it to their attention. Beecher wants to try and cancel and see if the company cares and if they do then go back and try and work out a solution.  He would assume to not have it there if the company doesn't care.  Beecher believes the council should try it.

Motion made by Council-member Beecher to send a letter thanking them for their 15 years but LaVerkin is not interested in renewing lease and find out their reaction, second by Council-member Scott Stratton.

Jensen stated that the property was originally Kent's.  It should state in the letter that with the change of ownership we want to go another way or negotiate other terms for a lease.  Robert Brown was the previous owner of Kent's property and LaVerkin bought it.  An option is to possibly renew for a year.  Mayor responded that the motion is only for a letter and if the company wants to keep the sign then it will come back to Council.

Motion carried unanimously.

•3.      Approval of letter supporting WCWCD to develop a conservation/demonstration garden located adjacent to Pioneer Park:  Mayor is the chairman of HCAC. The location of the garden is just west of the WCWCD building. It will be a demonstration garden with an artificial river running through it.  It could possibly become a museum and administration building later.  The District asked for letter in support of the project and is not asking for monetary contributions.

Motion made by Council-member Hugh Howard to approve the letter supporting WCWCD to develop a conservation/demonstration garden, second by Council-member Ray Justice.  Motion carried unanimously.

•4.      Report, discussion and possible action on the Drainage Study:  Russ Funk (Sunrise Engineering) passed out new books with corrections to the council.  He also passed out pictures to the council and presented a Power Point presentation of the LaVerkin City Stormwater Master Plan to the council.  The Master Plan includes: field investigation, drainage basin analysis, hydrologic model, existing system analysis, recommended improvements, and project cost, financing plan, impact fees. 

Field Investigation:  main drainage canals are the Virgin River and the LaVerkin Creek.

Drainage Basin:   Three major basins in the area and then all the runoff dumps into the Virgin River and LaVerkin Creek.  He showed the drainage areas.

Hydrologic Model:  They used Hec-1 analysis which is used by the Army Corp of Engineers. Russ spoke of the Model Parameters.  They got their information from NOAA and NRCS.  They used the current zoning maps and SCS Method for lag time.

Existing System Analysis:  Reviewed existing improvements and historic problem areas. The overall results are that the downstream system is undersized for this area.

Recommended Improvements:  Broken down into 4 projects: 1. For the 100 E storm drain system they would use intersection modifications to force the flow.  2. The LaVerkin South SD system starts at Center St. and 100 E.  Recommend a roadway inlet with possible highway crossing depending on slope of pipe.  3. East SR9 SD system has a 42 inch line meant to collect and would put in a drop inlet. 4. West SR9 SD system needs curb improvements. Curb and gutter improvements are not included in the cost but recommend that as road improvements are made and as development comes in to go ahead and fix that. 

Derek Imlay and Kevin Bennett took the Study to the Planning Commission and Sunrise Engineering received the comments from them.  Three major things were discussed there.  Anna Andregg questioned the rates and fees and Russ will address this later in the presentation. Allen Bice wanted to the natural drainage to be preserved and that is something that Sunrise is doing. And there was mention of a large retention basin instead of piping water out of town which they thought the city wanted to get away from.  They believe the engineering study to be the best solution possible. Feasibility issues needed to be looked at.

Overall Picture:  The south part of city is overloaded.  The improvements will split up the big south basin and enlarge 3 other areas to divide up the drainage and take the pressure off the south end.

Project costs:  $2,910,000 is the projected cost if it were done all at one time.  Finance plan assumptions: combine it all or with a Community Impact Board (CIB) funding with a 25 year 3% loan. Self-participation of $40,000, existing Operating and Maintenance costs with 3.5% inflation rate. These are 2012 expected expenses.  26 projected impact fees in 2012 as a revenue.  Existing average drainage rate now is $8.98 per customer.   Proposed average drainage rate $16.68 per customer or an $8 increase.

Impact Fee Analysis:  Existing impact fee are $3,344/acre, $461/average for R-3-6 parcel; proposed impact fee maximum $3,413/acre, $478/avg. for R-3-6 parcel.

(Troylinn Benson arrived around 7:30pm)

Russ addressed Anna Andregg's issue.  In the SWMP book there is section that has a cost flow analysis and explains the annual increase.  They are suggesting that the rates start at $16.68 with an annual increase to that rate and build up a big reserve fund.  Anna was concerned about that rate and that it would double in the next 26 years.  He commented that that rate increase is to be expected and never know what the future holds.

Beecher commented that the LaVerkin South section (Boyd Earl, Randy Jones, and Gary McKell were names mentioned) drainage is only part of the problem and the way the road sits is another problem. Russ responded that they are working on street improvement design and they need to reconstruct the road in that area (Center to 200 S).  In two or three months they project to have a draft plan ready.  Beecher would like to have an open meeting for everyone from that area to discuss.  Russ admitted this will be a tough project to come up with a good solution because the road used to be a canal that was then turned into a road.  Finding a balance for those uphill and downhill of the road will be hard.  The costs for that project will be separate from the drainage project.  Kevin stated that accepting this plan does not commit the city to spending money but gives an idea of where the city is heading if they go with the plan.  The city can possibly look at impact fees, the economy, and to possibly use the study in the future.  Beecher would like a timeline schedule or a preliminary timeline to coordinate or a checklist with projected dates that may change.  Kevin doesn't believe that making a timeline feasible right now.  Derek stated that the city is 1-2 years away from maxing out the capital project fund. Kevin stated this study is in reaction to problems on 100 East south of Center Street.  This is a result of how to solve that problem and even staff didn't know where it was going to lead.  Stratton suggested that accepting this plan is the direction the city wants to go.  Kevin stated that the terminology went from "study" to "plan" and that makes it confusing. Russ addressed the concerns of the council.  The study just gives a recommendation in costs.  The direction needed from the council is whether they like the study.  Derek commented that this is the base to make the capital facilities plan.

Motion made by Council-member Ray Justice to accept the SWMP study and encourage staff to work with the Council and the engineers to begin implementation of its recommendations, where financially feasible, second by Council-member Phil Jensen.  Motion carried unanimously.

•5.      Discussion and possible approval of purchase of park property at 300 S State St.  Sewer Board unanimously accepted the purchase with the change in dates to from January 1^st to March 1^st.  The original contract will go to the sewer district for their signatures and then to the mayor as the final signatory. 

Motion made by Council-member Doug Beecher to approve finalizing the purchase agreement as it has been presented including the change of the date of the promissory note to March 1^st of each year instead of January 1^st, second by Council-member Hugh Howard. Roll call vote:  Howard-yes, Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes.  Motion carried unanimously.

•6.      Resolution No R-2011-04:  A Resolution opening and amending the fiscal year 2010-2011 budget:  The Mayor presented the budget amendment with one adjustment, a change in adding the irrigation fund.  He also wanted to add another $10,000 to the irrigation fund.  Fund projects two different ways: 1. Capital Project Fund for water and 2.  A Capital Project in irrigation which Derek has requested.  Now proposed another $10,000 which will finish some projects.  New culinary line up 400 N going into Sunset View Subdivision and left old line and valve it into a current irrigation line.  It will take that $10,000 to complete that project.  It will change the current budget to a -$19,225 and there is enough in the capital budget to cover that. Mayor put it in the Operational budget to get it started but will put that fund in a negative.  The budget is currently $78,025 but with approval will be $88,025 and the total will become -$19,225.

The Mayor took the time to go through the proposed amendments to the budget and reasons for it.  He went line by line to explain increases/decreases.   Beecher commented on the utilities and was told there was a billing error of 40% not in the city's favor just in the street lights. Justice asked for clarifications on the Water Fund.  

The Mayor asked if the council was inclined to accept the one adjustment of $10,000 in the irrigation fund.

Motion made by Council-member Doug Beecher to accept the Resolution R-2011-04: A resolution opening and amending the fiscal year 2010-2011 budget as printed with the exception of the irrigation fund with a total operation expense being $88, 025 and a total net to -$19,225, second by Council-member Scott Stratton. Roll Call Vote:  Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

•7.      Resolution No R-2011-05:  A Resolution of the LaVerkin City, approving the construction, installation, use and maintenance of a SCADA system, and the expenditure of funds (as a capital project) for said system; and providing an effective date: This will not hit the operational budget from water but come out of the balance sheet of the capital fund.  Requesting $6000 but not more than $7000.  SCADA monitors the tank levels and the pressure coming from the PRV station.  The WCWCD has bought all the software and have a connection that we can go onto and see the pressure going through Toquerville Springs, Ash Creek Springs and Riverwood.  Derek had discussions with Doug Wilson and his committee and they agreed to provide the SCADA system for Coddum Well.  They will provide 100% funding and gives us the ability to monitor and shut down by computer.  They will provide labor to install if the city buys the equipment.  They paid $100,000 for the software program and the city is buying for $6000 a $25,000 - $30,000 project.

Motion made by Council-member Doug Beecher to approve a resolution approving the construction, installation, use, and maintenance of a SCADA System, and the expenditure of funds (as a capital project) in an amount not to exceed $7,000 for said system, and providing an effective date effective immediately, second by Council-member Ray Justice. Roll Call Vote:  Howard-yes, Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes.  Motion carried unanimously.

•8.      Discussion and possible action for canceling the February 16^th City Council Regular Meeting.  Mayor was approached not to cancel the meeting by Laura Penrod.  Kevin stated that Penrod is not ready for Council; issues have not been addressed.  The Mayor asked if there were other items for the meeting.  None was stated.

Mayor asked the Council for direction on the budget work meeting for March 2^nd.

Motion made by Council-member Scott Stratton to cancel the February 16^th meeting, second by Council-member Phil Jensen.  Motion carried unanimously.

Staff, Mayor and Council Reports:

Kyle Gubler: 

• 1. Economic Development: Maverick has brought in a site plan and decided to demolish the building and start from scratch.
• 2. Next staff meeting in March will be a benefits fair.
• 3. Staff met with the Porter team in regards to Riverwood and Vince Blackmore brought more information.
• 4. Met with Demar and Helen Gubler about a drainage issue.
• 5. Received the Utah Transparency Grades. LaVerkin received a B-. Saint George got a B, Ivins a B- and everyone else got lower. We could raise the grade by listing the city lobbyists or the lack thereof. Posting our audits will provide another point.

Chief Lloyd Watkins: 

• 1. 2010 Year Overview City council Report was passed out to the Council. There were more calls for service in 2010 than in 2009 and shows how many officers per residents in Washington County. He has posted everything on the website.

Derek Imlay: 

• 1. Redid the irrigation line on the backside of Gateway. There was an outdated 2 inch, sun rotted and fire burnt line was in it. They replaced with a 6 inch line that increased the volume. Took care of illegal connections and a break on 100 East which caused flooding of a basement.
• 2. Pavement Maintenance 2011 book is complete and on Kevin's desk for review and approval.
• 3. Tree Grant was given and requires that the city put tree rings around all the trees (155) in the city. LaGrande Imlay will coordinate with the boys and girls homes to get that done. Community Service workers have been sent to help in the cemetery and three-fourths of the project is completed. The rings of wood chips will be provided from pruning and chipping ourselves so there will be no added cost.
• 4. Filter Station - Main control panel sent was wrong, but have now received the correct panel and Brent will install. The WCWCD is putting the SCADA system on. By March 15^th required to turn on irrigation but planning on March 1^st. Those extra two weeks should give staff time to fix breaks from the winter.
• 5. There were 10 call outs just this morning because of frozen pipes in the homes. Those breaks did not affect the city. PRV and altitude valve froze and caused the tank to overflow and flood the street. Should be back online tomorrow and not affect the city water supply.

Troylinn Benson:

• 1. Nothing to report.

Mayor Karl Wilson: 

• 1. HCAC in Confluence Park is just finishing up the Restoration Project. Twice as much done this year as planned.
• 2. Sewer Board - in discussions concerning major industries coming into our area.
• 3. Mayor's Association - The county found a way to more forcefully challenge and approach the federal processes going on in our state; mostly the BLM in our area. In the General Plan when we communicate with the federal agencies, instead of being a "cooperating" agency we become a "coordinating" agency so the federal government has to involve us more in their processes.

Phil Jensen: 

• 1. Nothing to report

Ray Justice:   

• 1. Nothing to report

Doug Beecher: 

• 1. Nothing to report

Scott Stratton:

• 1. Nothing to report

Hugh Howard: 

• 1. Nothing to report

Motion made to adjourn by Council-member Phil Jensen, second by Council-member Ray Justice.  Motion carried unanimously at 8:55 p.m.