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June 16, 2010 City Council Agenda & Minutes

LaVerkin City Council Meeting Agenda
Wednesday, June 16, 2010 6:00 p.m.
Council Chambers, 111 S. Main, LaVerkin, Utah


B.     Recognitions:
C.     Presentations: Washington County Sheriff Candidates

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: June 2, 2010 minutes
4.      Review Invoices and Checks: $128,967.85

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.      Budget Amendment FY 2009-2010

I.        Unfinished Business:
1.      Discussion and possible adoption of Resolution R-2010-11 Budget Amendment FY 2009-2010
2.      Set the date of public hearing for final budget adoption and tax rate

J.       New Business:
1.      River Wood Phase 3: Ash Creek SSD is requesting preliminary plat approval of phase 3 of Riverwood Estates Subdivision a 6-lot subdivision fronting 900 N. and 370 W. between 344 W. and 875 N. in LaVerkin. Property is zoned R-1-14.
Planning Commission recommended unanimously

K.    Staff, Mayor, & Council Reports: City Administrator, Public Safety, Director of Operations, Treasurer; Mayor & Council as follows:
Mayor Wilson: Public Safety, animal control, HCAC, Confluence Park, Vision Dixie Committee, 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, arts & crafts, City Festival,

L.      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.
Certificate of Posting
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 in the following public places within LaVerkin City limits on this June 11, 2010
These public places being: 1) LaVerkin City office building 111 S. Main; 2) LaVerkin City office building 435 N. Main;
Troylinn Benson
Administrative Coordinator

LaVerkin City Council Meeting Minutes
Wednesday, June 16, 2010 6:00 p.m.
Council Chambers, 111 S. Main, LaVerkin, Utah

Present: Mayor Karl Wilson; Councilmembers Ray Justice, Phil Jensen, Scott Stratton, Doug Beecher; Staff: Kyle Gubler, Attorney Kevin Bennett, Chief Lloyd Watkins, Troylinn Benson, June Jeffery, Derek Imlay; Public: Kevin Brooks, Cory Pulsipher, Rob Tersigni, Darwin Hall

Hugh Howard was excused.

Meeting Called to Order- 6:02 p.m. Pledge of Allegiance and Invocation by Kevin Bennett.

Presentations: Washington County Sheriff Candidates

Karl Wilson introduced the presentation segment by asking the candidates to discuss their views on the importance of the sheriff's office, the role of the sheriff, and budgeting plans - maintaining the department and where the department is today. He referred to a book he is reading where the founding fathers believed that the electorate needs to be educated. He asked the candidates to take about five minutes plus time for questions.

Kevin Brooks was raised in St. George. Graduated from Dixie High School, Dixie College and SUSC (now SUU). He minored in police science. Before he received his degree, he was hired by the Washington County Sheriff's office as a patrol deputy. He retired in 2007. He is currently serving with Santa Clara City public safety. He was one of the first field training officers in Washington County. He doesn't know much about the budget yet. Because he is running unopposed as a democrat, his campaign starts after the primary election next week.

Phil Jensen asked what Brooks saw as the top two issues. Brooks stated that morale and respect within the department, and cover-ups in the office were his concerns. There was scandal that didn't come to light until one of the inmates went to the press. The public needs to have faith in the department.

Cory Pulsipher lives in Washington City, married his high school sweetheart after serving an LDS mission. They have been married for 23 years, have 3 children - two graduated from Dixie High, one from Dixie College. His son is currently serving in the military in Texas. He has been with the sheriff's office since 1987. It has been a good career and was a community based organization. He has worked with the SWAT team, been corporal sergeant, and the administrative lieutenant for 7 ½ years. He has been personnel trainer and worked with search and rescue, which he continues to do and enjoy. His goal is to bring back the community involvement by implementing programs that represent the needs of the people and build relationships. He would like the community to become more hands on and involved. He is still involved with 70% of the search and rescue calls even though he is in an administrative position.

Phil Jensen asked what Pulsipher saw as the top two issues. Pulsipher stated that the economy was number one. January this year, there were 165 officers, now there are only 151. It is difficult to meet the needs of the department with reduced officers and to manage the budget. The second issue would be illegal immigration. The department is one of the most proactive agencies in the state. They work to keep deputies certified with ICE. They should have two more this year. The goal is to expand the drug task force on the street.

Rob Tersigni is from San Jose, California. He served an LDS mission in Utah and then came back to play basketball with BYU for one year. His scholarship was not renewed there, so he played for Ricks and then received a business degree at BYU Hawaii. He went to the academy here and has lived in the area for about 21 years and with the sheriff's office 19 years. He started out with corrections and patrol, became a corporal sergeant and is currently serving as the chief deputy. He supervises patrol, court security, drug court, and investigations. Puts together the $14 million budget. He works contracts with the cities the department serves to give them extra coverage. He has worked in every aspect of the department and has been 12 years in his current position, which is third in rank under the sheriff and under-sheriff.  He works with the Special Olympics torch run board - a satisfying position. He believes the sheriff's office is good and efficient. They are effective, but would like to see it run more like a business. He believes that there are ways to cut waste. He is a supporter of the Arizona law dealing with illegal immigrants and believes in enforcing local laws.

Tersigni stated that the two issues he would rank most important would be first the economy and second illegal immigration. The economy is difficult because of the cuts necessary to save money.  Need to budget for more officers. The department covers 2400 sq. miles with five officers on. Would like to see more community involvement. Illegal immigration will go up with the economy concerns. Marijuana groves pop up with more illegal immigration. We need to show that they are not welcome. If they couldn't get jobs they wouldn't come.

Doug Beecher wondered if the department has 151 officers, how come only five are on at a time. The candidates clarified that there are only five officers on patrol, but there are other officers on duty at different jobs, including corrections, drug court, and guarding the 500 bed facility. Karl Wilson asked what percent of the department budget went to the facility. There are 80+ inmates from the state. That number used to be higher, but as other cities and counties began to build their own facilities, the number of state inmates housed in the Washington County facility has gone down. There used to be around 180 in that facility. About $1.5 million comes to the budget from the state inmates. Beaver County currently houses the largest number of state inmates.

Karl Wilson expressed appreciation for the support and cooperation that the city has had with the sheriff's office. LaVerkin police department has a chief and three officers. Chief Watkins continued that the sheriff's office still supports with about 20% of the calls. His department couldn't function without them. His officers reciprocate in many ways to help the sheriff's officers.
Consent Agenda:

1.Declarations of conflict of interest
2.      Agenda
3.      Minutes: June 2, 2010 minutes
4.      Review Invoices and Checks: $128,967.85

Motion by Councilmember Beecher to approve the Consent Agenda with checks and invoices of $128,967.85, second by Councilmember Justice. Roll Call Vote: Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes. Motion carried unanimously.
Committee Reports:
Planning Commission: Justice reported that the planning commission elected Anna Andregg as Chair and Allen Bice as Chair Pro Tem. They also looked at the River Wood Phase 3 subdivision on the council agenda and recommended approval.

Water Board: Karl Wilson reported that this month's meeting was cancelled.

Sewer Board: No report.

Fire District: No report.
Public Hearings:
Budget Amendment FY 2009-2010: Wilson stated that this public hearing was to look at the year-end amendment. There was a print out of the budget. The changes are in General Fund and Debt Service funds and are called out in the resolution.

Mayor Wilson opened the public hearing.

There was no public comment.

Mayor Wilson closed the public hearing.

Unfinished Business:
Resolution R-2010-11 Budget Amendment FY 2009-2010: Doug Beecher complimented Mayor and staff on the work on the budget.

Motion by Councilmember Beecher to adopt Resolution R-2010-11 for the FY 2009-2010 budget amendment, second by Councilmember Jensen. Roll Call Vote: Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes. Motion carried unanimously.

Date For Final Budget Adoption and Tax Rate: Discussion that when there is a Truth in Taxation, the State Code makes allowance for adoption of the final budget after the publication and notification requirements in July to maintain the adopted tentative budget until the Truth in Taxation process is completed. That process has to be completed before August 17th and the notification cannot begin before July 22nd. August 4th will be a regular city council meeting. The requirements for publication/notification will be completed by then.

Motion by Councilmember Beecher to set the date for the final budget adoption and tax rate for August 4th, second by Councilmember Jensen. Motion carried unanimously.

New Business:
River Wood Phase 3: Ash Creek SSD requested preliminary plat approval of phase 3 of Riverwood Estates Subdivision a 6-lot subdivision fronting 900 N. and 370 W. between 344 W. and 875 N. in LaVerkin. Property is zoned R-1-14. Planning Commission recommended unanimously.

Kevin Bennett discussed that he created a handout for the councilmembers. When the item was at the planning commission meeting, there were neighboring property owners who had property value concerns stemming from the changes that were allowed to the CCRs for homes constructed by Color Country Housing in the second phase of the development. Those homes were allowed to be smaller as a buffer between the apartments and the larger homes in Phase 1. They were asking for satisfaction that the properties in this new phase would be required the same CCRs as their Phase 1 homes. Bennett spoke with Darwin Hall following the planning commission meeting. Ash Creek doesn't want to set up a Home Owner's Association, but agreed to the standards from Phase 1. Bennett will produce an agreement between Ash Creek and their successors, and LaVerkin City that will hold these lots to the Phase 1 standards without setting up an HOA. Both concerns will be met. In the handout, Bennett has written a motion to be made, addressing all the agreement concerns.

Planning Commissioners had no concerns with the approval of the preliminary plat, but the city and the residents of Phase 1 have an interest in upholding the original development plans and agreements, Council should make the motion for approval of the plat subject to the agreement prior to approval of final plat.

Darwin Hall stated appreciation of Kevin's work. He has red-lined the agreement and given it back to Bennett. He restated that Ash Creek isn't interested in forming the HOA but is interested in protecting those property owner rights. He anticipated that Ash Creek would be out of the picture before homes are built, but would agree to binding successors to the agreement with LaVerkin City.

Motion by Councilmember Justice to approve the preliminary plat of Riverwood Phase 3 subject to the requirement that - prior to final plat approval - Ash Creek enter into a Development Agreement with the City of LaVerkin, wherein it shall agree to be bound to observe (with regard to the lots within Phase 3) the covenants and restrictions set forth in Sections 5 through 10, of the Development Agreement (dated June 22, 2007) and the provisions of Sections 1 through 3, 5 through 13, 15 through 20, and 22 of the Covenant, Conditions, and Restrictions (CC&Rs) (dated June 22, 2007) [also known as the Protective Covenants and Building and Use Restrictions], including but not limited to such terms and restrictions pertaining to building design and architectural style, set-backs, use, parking, landscaping, public utility easements and public rights-of-way, and zoning (including overlay zones, e.g., the hillside development zone); provided that (a) no home owner association need be established, (b) the lots therein need not be subject to nor governed by another home owners association within Riverwood Estates, and (c) the City of LaVerkin shall constitute the Architectural Control Committee as and wherever referenced therein. Second by Councilmember Stratton. Roll Call Vote: Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes. Motion carried unanimously.

Staff, Mayor, & Council Reports:
City Administrator: Kyle Gubler reported that the Gateway clean-up project is mostly done. He has contacted Celtic Bank. They will be coming down to meet with him and look at the project. Doug Beecher wondered if the weeds will be cleaned up. Gubler replied that when final removal is done, the ground is supposed to be scraped. Celtic Bank owns both the property where Gateway was located and where the hotel was supposed to go.

He attended ZC3 meeting. Justice will report.

Wal-Mart, through Julie Winterton, has awarded the city with $2,000 for playground equipment in Vintage Park. Gubler would like to make a presentation to Winterton at the first meeting in July.

Maxine Pace has decided to keep the printing equipment until they finish sorting through what they want to do.

Public Safety: Chief Watkins reported that it has been a busy summer. The department is up 5% from last year. He complimented Jake with an outstanding arrest for controlled substance and distribution.

Director of Operations: Derek Imlay reported that the street project will have a walk-through for substantial completion on Tuesday for the 630 North to Center Street portion. The following Tuesday will walk-through the Center to 300 South. Thursday night will be an all-night tie-in at 300 South. Water will be off from 300 S. to 480 S. This is the last tie in. All that is left is sidewalk restoration and property owner sign off. After the walk through, the project will come to Council for recommendation. Hawker has been very good to work with.

The weekend flood was handled very well by the system on 100 East and 100 S. River Wood was also good. On 100 E., there was no water that crossed the bern, only a little in Gary McKell's detention. There was a little affect to the Price home created by the access into Chaco. Michel's home on 100 S. had a little problem. That will be part of the drainage study.

Ray Justice asked about sidewalk on State Street that is buckling near the trailer park. Imlay stated that when the State installed the sidewalk, they didn't put expansion joints in. The city will pull the sidewalk and replace it using expansion joints.

Treasurer: No financial report. There were 125 door hangers, 11 shut offs. 2 are still off - both are vacant. One is bank owned, the other is a skip. Beecher complimented Benson on the good financial report at the last meeting.

Mayor & Council as follows:
Mayor Wilson: Attended all regular meetings.
Jensen: Working with youth committee for 4th of July activity. Council will be in the parade.
Justice: Will not be available to be in the parade because of work.

ZC3 met today. Gary Zabriski with 5-County gave a presentation about the Corridor Management Plan. BLM is shutting down Mosquito Cove.

Confluence Park meeting was today.
Beecher: No meetings. He will be meeting with Kevin Bennett. Update on his health. He was on the last eight of twenty-five treatments. Should be finished a week from Monday.
Stratton: No report.
Howard: Not in attendance.

Adjourn: Motion to adjourn by Councilmember Justice, second by Councilmember Beecher. Motion carried unanimously. 6:52 p.m.


Minutes taken by June Jeffery

July 7, 2010, Date Approved

Mayor, Karl Wilson

ATTEST:

June Jeffery, CMC
City Recorder

 





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La Verkin City Office • 435 N. Main Street • La Verkin, Utah 84745 • General: (435)635-2581 • Police: (435)635-0427 • Fax: (435)635-2104

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