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:  Scott Stratton, Doug Beecher, Ray Justice, Phil Jensen, Hugh Howard; Staff:   Kyle Gubler, Troylinn Benson, Kevin Bennett, Katie Wilson, Derek Imlay, Lloyd Watkins; Public:  Travis Romney, Jenifer Winward, Tiffany English, Becky Marchal, Chris Balling, Cub Scout Cody Thane and parents

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

Recognition:  

Presentation: 

• 1. Jenifer Winward, Recycling Coordinator for Washington County - Annual update on Binne Program & presentation of money earned: She opened her presentation with her current statistics. There are 45 binnes in Washington County where paper, plastic, metal, and glass can be recycled. There several sites where Big Brothers and Big Sisters can collect clothes and other items. As of this year there are 2 recycling drivers now. In 2010, 900,000 more pounds were recycled than in 2009. The first check earned was $56.52 and now the city is collecting more recyclables and in 2010 the county has earned more than $72,000. The amount of money that the recycling program is presenting to LaVerkin City will be from Oct 2009- Dec 2010. The money went towards the Tree City USA fund last year and will go towards that again in 2011. LaVerkin received $748.81 last year and this year the city earned (based on poundage gathered in LaVerkin) $1,758.05. LaVerkin could have done better in collecting recyclables. This indicated that they should possibly shift sites or educate the public. Phil Jensen has helped and they may be moving binnes to Farmer's Market. A paper binne will remain at the elementary school. This program is still relatively new and building resources. They are looking at feasibility of cardboard, glass, and electronic recycling. Curbside recycling opportunities may be made possible although not county wide at first. Jenifer thanked Council-member Phil Jensen for his help getting the word out and getting them a float in the Winterfest Parade.

A comment was made that the binnes are sometimes too full.  In the Fall and Spring there is an influx due to "Spring Cleaning" and they are not able to keep up on emptying the binnes.  The Mayor suggested putting an article on the city website.  Six binnes will be placed at Farmer's Market and 1 paper binne at the elementary school.  Phil Jensen mentioned that Jenifer doesn't take enough credit for her time and effort.

• 2. Tiffany English, Victim Service Coordinator - Semi-Annual report on the East Washington County Victim Service Program: They are doing a lot of promotions for the program. Now on Facebook and Twitter and are working on getting the information out in case women do not want to go to the police department. The satellite offices are benefitting members of the community. The program now has two notaries so victims can sign documents and they will get the order filed and in place on the victim's behalf. Debi LeFevre is invaluable to the program. In the Spring they will be applying for a grant again which they do not foresee a problem getting again.

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 - Phil Jensen declared a conflict of interest and removed himself from the vote for the invoices, checks and budget.
• 2. Agenda - the agenda should say January 5 not January 3, 2011
• 3. Minutes: January 5, 2011 regular meeting minutes
• 4. Review Invoices and Checks: $100,998.15

Motion by Council-member Doug Beecher to approve all the items on the consent agenda including amending the agenda to read January 5, 2011 instead of January 3, regular meeting minutes, and invoices and checks in the amount of $100,998.15, second by Ray Justice.  Roll Call Vote:  Stratton-yes, Beecher-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

Committee Reports:

Planning Commission:  Ray Justice reported on the January meeting.  Two of the items are on tonight's agenda regarding the zone change and the regulator station.  They had a public hearing of which there was very little public input; mostly just questions.  Input on the drainage study.

Water Board:  The Mayor stated there was no meeting.  Derek brought to him today from water district on the scada system.  If the city does it on its own it will be approximately $23,000 but with the grant from the irrigation system and the WCWCD to help with software and install/calibrate two tanks it will be $6000 from the Capital project fund.  This is a great opportunity to get it done and will bring a proposal possibly at next council meeting. 

Water system adjustments:  Derek is still working on how to set it up. It is checked twice weekly.

Sewer Board:    Blair Gubler not available to report

Fire District:  Tom Kuhlmann not available to report

The Mayor welcomed Cody Thane, a local cub scout from Troop 1789, to the meeting.

Citizen Comment:  none

Public Hearing:  none

Business:

•1.      Approval of Maverick Beer License.  Derek - staff found a loop hole with June leaving and the city did not get all the information needed to get the bond information.  They will be putting it on the next agenda.  Maverick is still 2-3 months out from completion so this will not affect them.

Motion to continue this item by Council-member Ray Justice, second by Council-member Phil Jensen.  Motion carried unanimously.

•2.      Discussion and action on an Ordinance amending Section 9-1-9 of the LaVerkin City Code, dealing with the Energy Conservation Code - to substitute the word "energy" for "mechanical" therein; and providing an effective date.  Kevin thanked Sterling Codifiers for finding the mistake.  Last September an ordinance was passed but Kevin had missed some mistakes and Sterling caught them.  The history is in the cover sheet provided to the council-members.  This amendment fixes the code to be correct and consistent.

Motion to approve the proposed amended Ordinance 9-1-9 of the LaVerkin City Code, by Council-member Ray Justice, second by Council-member Doug Beecher.  Roll Call Vote:  Howard-yes, Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes.  Motion carried unanimously.

•3.      Discussion and action on an Ordinance amending and clarifying certain provisions of the Chapter 6 of Title 10 of the LaVerkin City Code, relative to public facilities zones; and providing and effective date.  Kevin stated that in September this ordinance was approved.  It allows a public facilities zone to build a regulator station.  This amendment will correct ¼ and ½ the way it is spelled and correct it to one-quarter (1/4).  The amendment will also add a definition of "quasi-public" entity.  The amendment was recommended by Planning Commission after being heard in public hearing.

Motion to approve the proposed Ordinance amending and clarifying certain provisions of the Chapter 6 of Title 10 of the LaVerkin City Code, relative to public facilities zones; and provide an expedited effective date, as provided therein by Council-member Hugh Howard, second by Council-member Ray Justice.   Roll Call Vote:  Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

•4.      Discussion and action on an Ordinance amending Ord. No 2007-10 (as codified in Ch2 of Title 9 of the LaVerkin City Code), to remove inconsistent verbiage; and providing an effective date.  Kevin stated this is an impact fee ordinance and it references a general plan in 2007.  A little footnote in the code is confusing.  With Maverick it could mean a difference of $44,000.  It was in the preliminary language before the sections of the code.  Kevin questioned its legality with the automatic enhancement clauses.  After talking to Mayor and staff it was decided the city needed to get rid of it.  Taking out the inflation from the code will not hurt anyone.  The amendment takes out inconsistencies and takes out an illegal impact fee.  He recommended taking the footnote out.

Motion to approve the proposed Ordinance amending Ordinance No. 2007-10 (as codified in Ch. 2 of Title 9 of the LaVerkin City Code), to remove contrary, inconsistent, and/or insupportable verbiage therefore; and provide an expedited effective date, as provided therein by Council-member Doug Beecher, second by Council-member Scott Stratton.  Roll Call Vote:  Stratton-yes, Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

•5.      Discussion and action on an Ordinance amending the zoning map for the City of LaVerkin, and providing for a natural gas collection, regulator and distribution system; and providing an effective date.  Kevin stated this application is before the council to have a regulator station in the new public facility zone.  Questar has come to the city to put a natural gas collection regulator station in the north end of the city.  This gets the birdcage out of the Riverwood Park.  It will be a nice entryway into our area.  This ordinance accomplishes two things:  to properly reclassify property as public facility zone and then also approve of uses within that property.  This has been staffed and gone to the Planning Commission.  The public hearing was inquisitive and the Planning Commission was unanimous in their recommendation.  Chris Balling with Questar Gas was available to answer questions.  He explained the facility will help the city with its growth.  Doug Beecher appreciates the work.

Motion to approve the proposed ordinance amending the zoning map for the City of LaVerkin, and providing for a natural gas collection, regulator and distribution system; and provide an expedited effective date, as provided therein by Council-member Ray Justice, second by Council-member Phil Jensen.  Roll Call Vote:  Howard-yes, Justice-yes, Jensen-yes, Beecher-yes, Stratton-yes.  Motion carried unanimously.

• 6. Discussion and possible action for Animal Control. The Mayor had asked staff to research the contract with Hurricane for Animal Control which is currently $37,000 per year. Kyle Gubler looked at the contract with Chief Watkins and there is some information the council needs to know. The contract expired in 2007 but the city kept on paying without renewing for service provided and LaVerkin has to give a 90 day notice to terminate services. Kyle talked with Dr. Allen Bice, veterinarian, who is willing to euthanize for LaVerkin at no charge until there is an officer or staff trained to do so, but he has concerns. The city must keep an animal 5 days or adopt out before euthanizing. Dr. Bice has stated that it is very difficult on people to euthanize a healthy animal. The city does not have a DEA number to buy the euthanizing chemicals. On the cheaper side, dog kennels cost about $1200 per kennel with fabric cover. Gene Murray made Dr. Bice's kennels and they cost $15,000. There will be food and water costs. It costs 50 cents a pound to dispose of dead animal and will need a freezer to store bodies for a month. Dog waste will need to be addressed. The city can house the dogs outside but the public may disapprove. Dogs in kennels will sometimes have people liberate them. LaVerkin City is paying $37,000 to Hurricane right now. Chief put proposal together years ago and that was handed to council members. It may be possible contract with other entities to offset the cost. An FCAOG grant may help to pay for this. LaVerkin also pays $210-$250 per animal handled by Hurricane. Starting costs may be more but the city will be hiring local employees and controlling animals themselves. May be able to start up inexpensively and work into it over a few years. Chief mentioned the city needs to decide what level of service the city wants. Would be willing to adopt them out. Citations to owners. Dog in custody means the city owns it and responsible for it.

Beecher mentioned an animal control code enforcement position would be 35 hours a week.  The employee benefits would only be Social Security and Medicare.  Other benefits would not be included because it would be a part time position. Justice commented if the position can split 35 hours between 2 or more people.  Beecher likes Justice's option of splitting hours.  Chief recommends another officer could take on the animal control duties.  The city cannot afford another law enforcement officer at this time.  The Mayor does not believe there is a less expensive option for animal control.  Justice complained about the service Hurricane provides.  He doubts that Hurricane is using 35 hours per week on animal control in LaVerkin.  Jensen had concerns of where the facility would be because of noise levels.  Chief suggested putting the animals inside the city wall by the shop.  Chief said the service would have to start from the ground up.  Kyle mentioned that Dr. Bice suggested putting the animals inside a building to solve some of the issues.  The Mayor recommended talking to Hurricane and only charge per animal and save money that way and  Hurricane can euthanize and store the animals.

Jensen questioned how many people are paying for their kennel license who have more than 2 dogs. He would like to make sure the people who are using the services are paying their fair share.   Finding out who is not paying their licenses would cost more in order to save money.  The Mayor remarked that Hurricane Animal Control should have been doing that for the $37,000.  Jensen remarked that this could be a heated issue.  He also questioned if saving money is worth the hassle.  Troylinn quoted that LaVerkin earned $6000 in licensing fees last year only $1000 this year so far.  Chief Watkins will need to get with Linda if the city doesn't do the contract, then to get options.  The Mayor remarked that Hurricane lowered their budget and service but kept the fee the same.  Hugh Howard questioned about possible grant money paying for any of this but the FCAOG has not responded to Kyle's requests.  According to the state law it may be the county's responsibility.  LaVerkin is not big enough to have to do this alone.

The Mayor asked for direction from the Council to add this to the City Budget.  Beecher would like until the end of March to study this issue because not enough information was available during this meeting.  Jensen would like the public to know that there are some areas that need to be cut from the budget and have to get the very most out of the city's money. 

•7.      Budget schedule for work meetings.  Kyle - passed out an outline of the budget process schedule to the council.  On Feb 2^nd the council will have first budget work meeting at 5pm in the room next to council chambers.  In March and April have work meetings at 5pm and have the 2^nd council meetings taken off schedule.  For Truth in taxation, the county needs to know before June 22^nd and he recommends having it before June 15^th.  Having the Truth in Taxation in August.

The Mayor prepared packets for the council with 3 different budgets.  The first budget is without truth in taxation and other 2 require the Truth in Taxation.  Budget 1 would be going backwards. Budget 2 was what staff has come up with and Budget 3 is a wishlist.  The 3^rd document is  a budget worksheet and this year's year-to-date and actual.  The council may not need all the work meetings.   He recommends a Feb 2^nd work meeting.  This packet is for council to study in preparation for the work meeting. 

Beecher stated that it is better to plan the work meetings then cancel if don't need them.  There was a discussion about the dates and schedule if a Truth in Taxation is done.

Staff, Mayor and Council Reports:

Kyle Gubler: 

• 1. Beautification committee - Dan Murray with Maverick pledged $1000 to Crescent Project.
• 2. ZC3 - Ray Justice already discussed.
• 3. 5 Star Holdings - Vince Blackmore, equal partner. There is a cloud over what working on. Zundell and Blackmore are both bringing in paperwork.
• 4. Community covenant signing - next council meeting. Justice will read covenant.
• 5. Planning Commission - staff feels that Anna and the commissioners are doing an excellent job.
• 6. Billboard - 6-8 months ago the city received a payment for rent for the billboard on NW corner of Kent's property. City needs to decide on the contract by the Feb 2^nd meeting. Kevin gave the council questions to consider. Do something about the contract or it renews for another 5 years. The council has an opportunity to change, keep the same, or terminate the contract. Kyle stated that 5 years is a long time. The sign is cracked and there is nothing on other side. Kevin stated that the city cannot zone them out. Direction is to come in next council meeting to be ready for March meeting. Beecher wants more discussion and to look at how to restrict where they locate.
• 7. Disclosure statements need to be filled out if anything has changed.
• 8. Photo book of 2010 LaVerkin historical book is finished.

Chief Lloyd Watkins: 

• 1. He took the opportunity to thank his officers. Calls for service: more than Santa Clara and even with Ivins. He will have a stat report in next meeting. Officers are doing a great job and he appreciates the job they have done. The Mayor stated that in the last 10 years the city has finally gotten their officers and they have raised funds as they've gone along. Citizens don't want to cut services but need to raise them.

Derek Imlay: 

• 1. Apologize to council on mishap over Maverick Beer License. Trying to pick up pieces after June left. He will get the correct materials together.
• 2. Filter final inspection. Royal T still has the painting to do and weather has been an issue. The control box had to be sent back and will get correct box back in 2-3 weeks. Bruce Hepworth is contracted to wire it up. Once the box is in they will get online. On March 1^st they will test the filters and take care of leaks and fully provide service to the public by March 15^th.
• 3. Questar will deed a parcel for an easement for a 2^nd LaVerkin sign to match the one at the south end of time.
• 4. Maverick update (changes daily) is they will take down all but exterior walls. Basement conditions may require a demo of the whole thing because it will be cheaper. They are waiting for direction from headquarters to decide what to do. They are 2-3 months away from completion
• 5. Behind Gateway they are putting in an irrigation line changing from 2 inch to 6 inch line.
• 6. Luis Marin working with LeGrand Imlay. John and Luis received a Tree Grant which paid for arborist school and to place tree rings and bark chips around the trees. They will work in coordination with LeGrand who is working with the boys home and girls home, preparing grass. As Luis prunes he will be using bark around to place around the trees.

Troylinn Benson: 

• 1. Shutoffs were done today. The numbers were 384 notices, 98 door hangers and 14 shutoffs. Five are still off; 2-3 of those look vacant. There were more shut offs because of the shortage of staff and not doing them in December. She passed out the detailed financial report for end of December. It shows line by line how much the city is losing. The council takes a few moments to glance through it specifically looking for the animal control.

Mayor Karl Wilson: 

• 1. Confluence Park meeting was today. Flood erosion exposed Hurricane's main water line infrastructure. They are requesting to reroute the river. The committee referred them to DWR and Virgin River Program. Hurricane is also requesting a new trailhead off Main St. on Hurricane side. Restoration: Utah Division of Forestry burned some off today. Another crew will start where they left off. Trail will be applying for next 2 phases. Trailhead parking lot delayed because of flooding (2-3 months).

Phil Jensen: 

• 1. nothing

Ray Justice:   

• 1. nothing

Doug Beecher: 

• 1. Beautification hasn't met. Look at Kyle's report for Economic Development. Nothing to add.

Scott Stratton:

• 1. Shooting Sports Park hasn't started back up yet. Sewer board hasn't met.

Hugh Howard: 

• 1. nothing

Motion to adjourn by Council-member Ray Justice, second by Council-member Doug Beecher.  Motion carried unanimously at 7:55 p.m.

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