B.     Recognitions: Employee of the Month - Kyle Gubler

C.     Presentations:

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 16, 2010 minutes

4.      Review Invoices and Checks: $313,035.09

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.       FY 2010-2011 Final Budget

I.       Business:

1.      Resolution R-2010-12: Set Mil Levy FY 2009-2010, Discussion and Possible Action

2.      Resolution R-2010-13: Set Mil Levy FY 2010-2011, Discussion and Possible Action

3.      Resolution R-2010-14: FY 2010-2011 Budget Adoption, Discussion and Possible Action

4.      Resolution R-2010-15: Adopting Amended Risk Management Policy, Discussion and Possible Action

5.      Resolution R-2010-16: Restricting Use of Fireworks, Discussion and Possible Action

6.      Ordinance 2010-05: Criminal Update Ordinance: Discussion and Possible Action

7.      Work Release WR 2010-2: Irrigation Filter Project - Sunrise Engineering, Discussion and Possible Action

8.      Bid/Contract Documents for Irrigation Filter Project - Sunrise Engineering, Discussion and Possible Action

9.      Consideration and Possible Action to Cancel July 21^st Council Meeting

J.       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,

K.    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 in the following public places within LaVerkin City limits on this July 2, 2010

These public places being: 1) LaVerkin City office building 111 S. Main; 2) LaVerkin City office building 435 N. Main;

June Jeffery, CMC

City Recorder

Present: Mayor Karl Wilson; Councilmembers Phil Jensen, Scott Stratton, Doug Beecher, Hugh Howard; Staff: Kyle Gubler, Attorney Kevin Bennett, Chief Lloyd Watkins, Troylinn Benson, June Jeffery, Derek Imlay; Public: Debi Lefevre, Jim Lefevre, Scott Carter, Tiffani Carter, Jason Godfrey, Cliff Holt, Blair Gubler, Jilene Gubler, Julie Winterton

Ray Justice was excused.

Meeting Called to Order- 6:00 p.m. Pledge of Allegiance and Invocation by Scott Stratton

Recognitions: Employee of the Month - Kyle Gubler announced Doug Gubler as the Employee of the Month. Doug is very deserving of the honor. He is up all hours of the night to check on the city. Karl Wilson added that Doug is very knowledgeable about the water systems.

Animal Control Report - Linda Melin was not able to attend and will be on the next month's agenda.

Wal-Mart $2,000 Award - Julie Winterton, Wal-Mart representative, introduced Scott and Tiffani Carter who were instrumental in acquiring the $2,000 award from Wal-Mart in a fund raiser for playground equipment in Vintage Park. Kyle Gubler made the grant request from the Wal-Mart Foundation.

Karl Wilson thanked Winterton and stated that Wal-Mart has also helped the city with trees that were planted in the city park and at the cemetery earlier this year.

Victim Advocate Update - Tiffany Welch was unable to attend and was represented by Debi Lefevre, a volunteer with the program. Lefevre reported that the advocacy program has been going very well and was able to receive money from FOCA. There have been a lot of call-outs. Lefevre stated her high regard for Welch who is a "one-man show". She also thanked the LaVerkin officers for their support.

Curb Side Recycling - Jason Godfrey from Allied Waste Systems gave out handouts describing their curb-side recycling program. He supported Phil Jensen as the "super star" representative of the Solid Waste Board and that Jensen had been instrumental in the recycling programs in the county.

Allied Waste had been approached about curb-side recycling and is working to educate the public about what is available. The program uses blue, 96 gallon containers, similar to those for trash collection. All recyclables are deposited in the same container. The department needs to make sure that there are enough users to make the program efficient. The collection vehicle costs about $100.00 per hour to operate. He appreciated LaVerkin as a progressive community. If 50-60 people signed up for the subscription program, the cost per person would be around $6.00. If the city signed up or an "opt-out" program, everyone would be part of the program with the opportunity to opt out. The participation rate is higher with the opt-out program, so costs are lower.

Godfrey wanted to dispel a myth that the waste systems would be making a lot of money and rather than charging - should be paying for collection. Payment for recycle collection is made by tonnage and is paid at the final destination after sorting. What is received allows the program to pay for itself, but it is not a money maker.

Hugh Howard asked about the price for the opt-out program. Godfrey stated that the price is dependent on participation. Santa Clara pays about $4.00; he expected that LaVerkin could be around $3.00. The county collects $.50 property tax for recycling. There was discussion that with either program each homeowner would have a container. The first would be paid for by the cost fee, a second can - would be $2.00.

There was discussion that if the item were to come before council on the agenda, it would be to discuss the opt-out program. There was a question as to whether this program competed with the mini binnies. Allied would make a donation to the city for a period of time - yet to be determined, but does not donate directly like the binnie program does. Beecher saw that as a conflict because the City doesn't want to lose the tree donation benefit from the binnies.

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 16, 2010 minutes

4.      Review Invoices and Checks: $313,035.09

Planning Commission: No meeting

Water Board: No meeting. Karl Wilson reported that there has been research on the Hurricane/LaVerkin supply line. Wilson met with Ron, Barbara, and Doug from the Washington County Water Conservancy District. LaVerkin has one water right in Toquerville Springs and three in Ash Creek. Somewhere a note had been added that 300 gpm was the flow rate. All documents show 808 gpm. Both Ron and Barbara had agreed that the higher number is correct.

The upper tank is now online and serving Zion View Estates. The city was allotted 4,425,000 from the Cottam Well that was being paid for but not in use. There is now three times the fire flow storage as required by the State. The city shouldn't have to buy regional water for 3-4 years now.

Sewer Board: Blair Gubler reported that the budget report is done.

The River Wood bid was let today. AT Asphalt was low bid at $33,000. Next bids were $37,000 and $43,000. This is for the remaining asphalt, curb and gutter, and sidewalk in the River Wood third phase.

The audit came in good - the District is in good shape.

Fire District: No representative

Citizen Comment & Request for Future Agenda Items: No citizen comments.

FY 2010-2011 Final Budget: Karl Wilson gave a power point introduction about the history of the budget covering four areas: The number of full-time employees per capita; Public Safety; Fire District; and Truth in Taxation.

There are 3.34 full-time employees per 1,000 in population in LaVerkin. There are two part-time seasonal employees that do not count in this calculation (crossing guards). The next lowest city is Ephraim at 5.11. Other city's figures could include services that LaVerkin does not provide like swimming pools, golf, power etc. Wilson expressed that LaVerkin does a lot of work with fewer employees than any other community.

Public Safety included police, crossing guards, EMS (Fire District), CERT, and animal control. (Inspection department isn't figured into this department but is part of public safety.) On the screen that was shown, everything for 2010 was actual; 2011 was projected budget. The City employs one officer that is paid by COPS. There are two more years on that grant. The City then has to pick up the officer for the last year. Chief Watkins has been aggressive in getting grants. LaVerkin law enforcement is undermanned. The last time revenues were raised to pay for law enforcement was three tax increases ago.

Fire Service has had a steady increase in the contract with Hurricane. Budget for 1998-99 was $27,996. City pays actual maintenance on the Fire building. This year the City will still fund $62,000 to the Fire District. Over $30,000 comes out of other areas.

The City wanted to maintain the same tax rate as it has had in order to catch up in areas that have fallen behind with the funding of the fire department. The City was told that it would need to do Truth in Taxation to maintain those funds. The county auditor informed the City the day before the budget was due to the county (June 21^st) not to do Truth in Taxation. None of the other cities were doing it. The City will maintain its current tax budget and divert that money back to the other funds.

The public hearing is to review the final budget, which comes from the Tentative Budget approved by Council. Wilson has made a few revisions. He stated that there is new legislation that will calculate the tax rate differently next year - involving the redemption/ delinquent taxes. The budget amount will need to be set higher to maintain expected income. Truth in Taxation will be expected even though more revenue will not be realized. All calendar year entities are involved with it right now.

Budget changes include: transfers completed to adjust debt service funds - Appropriation of Fund Balance 10-3990 raised. In the debt service fund 3810.3 increase to $49,000. Agent fees increased. Items 3851.3, 3855.3, 4711.810, 4712.830 changed.

Mayor Wilson opened the public hearing.

There were no citizen comments.

Mayor Wilson closed the public hearing.

Resolution R-2010-12: Set Mil Levy FY 2009-2010: Kevin Bennett explained that last year there were new staff members that didn't understand the process for setting the mil levy with the county. The signature on the certificate was given, but there was no resolution to certify the mil levy. There is a provision in State Code that allows the county to set that mil levy if a city doesn't certify the rate, by going through a process. Moneys have been collected and expended. This is a clean up so that Council may confirm and validate the mil levy that was set. Doug Beecher pointed out three different figures in the resolution language that he expected should be the same. The typos should be corrected to read .001945 each time. There was discussion that the certified rate is different every year depending on property values. The assessments are the same so the city can collect the same revenue.

Resolution R-2010-13: Set Mil Levy FY 2010-2011: Bennett explained that this is the resolution to set the mil levy for the coming fiscal year. The figure on the certificate is provided by the county and is set by a formula to bring in the budgeted revenue. The City would have done this much sooner if they hadn't expected to do Truth in Taxation.

Doug Beecher commented that the mil levy represents an approximate 40% reduction in home values. Wilson supported that cities are not used to reductions, values have gone up steadily in the past and this hits from both ends.

Resolution R-2010-14: FY 2010-2011 Budget Adoption: Beecher commented that the budget showed an increase in the fund balance and that the budget balances. Wilson stated that it is still supplementing the General Fund from the fund balance. There will be $62,000 to the Fire District this year.

Kyle Gubler left the meeting at 7:00 p.m.

Resolution R-2010-15: Adopting Amended Risk Management Policy: Troylinn Benson said that the City has installed security cameras that monitor the cash drawer. Kevin Bennett added that there was also a camera installed at the cemetery storage shed to protect the equipment. Another change in the risk management gave the bank reconciliation to the recorder with mayor review.

Beecher wondered if anyone checked the monitors. Chief Watkins said that if there is a problem, the images are stored digitally for 4 days and can be reviewed. Wilson stated that he and all the directors have data available.

Resolution R-2010-16: Restricting Use of Fireworks: Kevin Bennett discussed that the mayor had posted a notice on the website requesting citizens to be careful with their use of fireworks - in city parks and city streets. Though the action comes after July 4^th there are still other firework holidays coming. This resolution was tailored after one that was used a couple of years ago. It required that all fireworks be concentrated into the same area and would move the city from Stage 1 to Stage 2. There was discussion that Stage 1 is the default condition and would remain unless the Council moved to a more restrictive condition. There was no action taken last year. Bennett will tickle this item earlier for next year so that it can be reviewed before July 4^th. There was discussion about stage expiration and including that provision in the resolution. Bennett stated that the City may not want to allow fireworks in smaller parks - or areas in close proximity to homes.

Hugh Howard doesn't want to be more restrictive. He expected common sense would guide the need to restrict. Phil Jensen said that the only difference is moving from private property to public streets. The resolution does restrict use to public property - Stage 1 allows any use. Doug Beecher wondered if restriction was the issue.

There was a great deal of discussion about the legal burn window and how illegal burns are handled. Chief Watkins said that those burning without permits are given citations. Discussion continued that the burn window is from March through April in the spring and there is another window in the fall. There is a link on the LaVerkin.org website to the actual permit location. Mention that there is an allowance for agriculture burns with the involvement of the fire department - outside the burn window.

Ordinance 2010-05: Criminal Update Ordinance: Kevin Bennett said that this is a yearly update that comes after the Legislative Session and is to make sure that penalties, crimes and offenses, and provisions called out in City Code stay current with the State Code.

Work Release WR 2010-2: Irrigation Filter Project - Sunrise Engineering: Kevin Bennett stated that Sunrise Engineering had been working to satisfy the state requirements for the filter project. The documents have all been prepared. The work release documents are more specific and will allow for the bid to go out in the near future. Deadlines will come the end of this month. These give the authorization to go to bid. The next item on the agenda will go with this work release.

Bid/Contract Documents for Irrigation Filter Project - Sunrise Engineering: This is a lengthy document. Karl Wilson stated that he had preliminarily reviewed the article. Kevin Bennett reviewed and the amendments he requested had been made. This will go to bid later this month. Bids will open in August so that the contractor will have time to gather materials to meet the construction deadline in October. Brief Council discussion about not being able to review the entire document. Wilson stated trust in the engineers and the attorney. The project has a time-frame of 75 days for completion.

Cancel July 21^st Council Meeting: Wilson stated that the only reason to hold the July 21^st meeting would be to address the disposition of the fire truck that will transfer to the Fire District. There was discussion that the transfer could wait until August 4^th because the District will still have the use of the vehicle. There was further discussion about what should be surplussed to the District - all equipment, granted properties, fire related equipment, furnishings? The building will remain LaVerkin City property. The surplus resolution should make an exchange of interests in a public hearing. Bennett will draw up the resolution. City Council is the only body with asset authority. Chief Watkins will communicate with Chief Kuhlmann about the cancelled meeting. The City will register the vehicle to keep it available for use.

City Administrator: Kyle Gubler was not available for a report in person, but left printed copies of his report on each desk. Wilson wondered about an item on the report showing a meeting with the WCWCD on the 14^th at 4:00 p.m. Wilson stated that the meeting with the WCWCD would be held on the 22^nd at noon. That lunch meeting will be posted and treated like a special meeting. Beecher stated that he would be unable to attend the 22^nd meeting. Wilson will meet with Gubler and clarify by email to councilmembers.

Scott Stratton left the meeting at 7:35 p.m.

Public Safety: Chief Lloyd Watkins reported that the stats are available for review on the website. State-wide officers injured or killed in the line of duty stats are up 28%. LaVerkin stats are up 14% for June compared to last year. The department stats year as a whole are up 4% .

Watkins recognized his officers for their outstanding work.

Director of Operations: Derek Imlay reported that the State Street project is in the final steps and should be completed by next week. The contractor has completed all connections and is working to do clean up and restoration. The project will come to the next meeting for recommendations regarding penalties. As of July 2^nd, the project was 66 days over. The City has asked for additions to the project - that have been included, and staff would like to stay away from penalties.

As the State passes the 2009 building codes, the City will need to incorporate those into City Code. The International Codes are generally updated by July 1^st, but this year there was a lot of discussion involving a requirement for sprinklers in all residential homes. Some states require it, Utah hasn't yet.

John Postert has been keeping books on nuisances. He is working with more than 10 right now. The nuisances are complaint generated and mainly involve weeds and junky yards. He has also been working with meter and irrigation concerns as well as other general city concerns. John completes 8-10 work orders per day.

Imlay and Kyle Gubler met with the vice president of Celtic Bank regarding the Gateway/Silver Springs properties. They requested that the properties be cleaned up. It is expected that will be taken care of within 30 days. There are some possible investors in the properties.

Many of the nuisance yards are bank-owned properties. There are some problems with owner identification and notification, which have become more difficult because of foreclosures.

Treasurer: Troylinn Benson reported that she, Mayor Wilson, and Kyle Gubler have been working with the budget to make it easier to read. She reported that Rory Johnson's last day was July 2^nd. He had given his two-week notice earlier. He will not be replaced; staff will go back to cleaning the offices again.

Mayor Wilson: Has attended his regular meetings except the mayor's meeting. The city newsletter that has been in the Spectrum newspaper will be moving to the city website. He believes that there will be better readership. People will be able to subscribe and receive updates for agendas, and the newsletter. There will also be hard copies available for interested persons to pick up at the office. Notice will also be on Facebook. Subscription will also be available by mail for a fee to cover the cost of mailing. The money that has been spent on the Spectrum will be redirected to the website and to pay for the initial set-up cost. James Price, who has been involved with the website is going on a mission and will no longer be available. Brian Jocelyn and Derral Eves will maintain the system and the website.

Jensen: Congratulated the 4^th of July committee. The attendance was really good.

The Solid Waste District had no meeting since the last City Council meeting. There is a desire to approach recycling in the best way - for benefit of all.

He would like to have the City look at doing something to encourage people to take care of their weeds. Doug Beecher supported the direction with staff research.

Justice: Not in attendance.

Beecher: Beautification committee met just prior to City Council and discussed the presentation made by David Bell about designs for the crescent. They voted unanimously in recommendation for the steel/concrete design that was the first one presented. Kyle Gubler will contact Bell to come with more specifics on cost, details. Anyone with other suggestions should contact Gubler.

Stratton: Not in attendance.

Howard: Attended the mosquito abatement meeting. There have been a few positive cases of West Nile Virus reported.

Appreciated Phil Jensen's help at the 4^th of July. Phil stated support to staff members who helped. Derek Imlay and Luis Marin were there before 6:00 to set up the dunking booth. Troylinn Benson and Kevin Bennett were there as well.

Howard is looking for someone to head up the Winterfest.

Wilson stated that Kyle Gubler and Troylinn Benson had created a spreadsheet to show budgets from the activity committees, including contributions and expenses.

Doug Beecher wondered if the Council would be riding in the July 24^th parade. The activity is sponsored by the LDS Church, but is a state holiday. There will be a float for the Mayor and Council.

Cliff Holt is the owner of Market Pharmacy. He has 20 employees who provide excellent customer service at his store. He is concerned about the economy and is working to stimulate it locally. He is starting a program with his employees by giving them 100 two-dollar bills and five rules attached to their disbursement.

1.      They must give 10% to charity;

2.      They have to spend it as cash, not from a checking account;

3.      They have 30 days to spend it;

4.      They have to use local businesses - Hurricane, Springdale, and LaVerkin

5.      If anybody asks they have to tell the story.

His hope is that he will help his employees; help stimulate the economy; help encourage other business owners to do something. The project will begin a week from Friday.

Minutes taken by June Jeffery.

Date Approved, August 4, 2010

Mayor, Karl Wilson

ATTEST:

June Jeffery, CMC

City Recorder