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December 7, 2011 amended agenda and minutes


LaVerkin City Council Meeting Amended Agenda
Wednesday, December 7, 2011, 6:00 p.m.
Council Chambers, 111 S. Main, LaVerkin, Utah

A. Meeting Called to Order - Invocation by Invitation; Pledge of Allegiance

B. Recognitions:
1.      Christy Ballard - Administrative Assistant

C. Presentations:
1.      Sunrise Engineering - 100 East Street Study

D. 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:
a.       Minutes November 2, 2011 regular meeting minutes
b.      Minutes November 16, 2011 special meeting minutes
4.      Review Invoices and Checks:  $ 262,452.61

E. Committee Reports: Planning Commission, Water Board, Sewer Board, Fire District

F. 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.)

G. Public Hearing:
1.      CDBG Grant Public Hearing

H. Business:
1.      Discussion and possible action concerning Ordinance No.2011-13:  An ordinance repealing and replacing the content of Title 10 Chapter 6I of the La Verkin City Code - Hillside Development Overlay Zone; and defining the process for acquiring development permits within the overlay, defining slopes, and outlining studies and reports as conditions for development.
2.      Discussion and possible action on proposed Real Property Purchase Agreement regarding the purchase of 17' - wide strip of private property situated within the Wanlass Park and adjacent to City property.
3.      Discussion and possible action on Statement of Non-objection to tentative 2012 WCWCD budget.
4.      Discussion and possible action on purchasing a vehicle to replace vehicle lost in fire.

I. Staff. Mayor & Council Reports: City Administrator, Public Safety, Director of Operations, Treasurer, Mayor and Council as follows:
Mayor Wilson: Public Safety, HCAC, Confluence Park, Water, 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, City Festival

J. Adjourn
In compliance with the American with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Kyle Gubler, 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 at the City office buildings
111 S. Main and 435 N. Main on December 6, 2011.
Kyle Gubler, City Recorder

LaVerkin City Council Meeting Minutes
Wednesday, December 7, 2011, 6:00 p.m.
Council Chambers, 111 S. Main, LaVerkin, Utah

Present: Mayor Karl Wilson; Council-Members:  Phil Jensen, Ray Justice, Hugh Howard, Doug Beecher; Staff:  Kyle Gubler, Kevin Bennett, Christy Ballard, Derek Imlay, Chief Lloyd Watkins, Troylinn Benson; Public:  Richard Hirschi, Blair Gubler, Katie Wilson, Randy Reeve, Boyd Earl, Gary Kuhlmann, Russell Funk

A. Meeting Called to Order - Invocation by Invitation and Pledge of Allegiance by Richard Hirschi
Council-member Scott Stratton was excused from the meeting.

B. Recognitions:
1.      Hugh Howard - Mayor thanked Hugh for his participation and for asking great questions.
2.      Doug Beecher - Mayor thanked Doug for helping with financial questions and for serving 8 years.
3.      Scott Stratton -  Mayor thanked Scott for 8 years of service and stated that Scott had not accepted any contracts, personal or with his business, since being on the city council.  Any work he did was donated time, equipment and money.
4.      Christy Ballard - New Administrative Assistant.  Mayor worked with her today, she is picking up quickly.  He explained the hiring process.

C. Presentations:
1.      Sunrise Engineering running late.  Will present when they arrive.

D. 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:
a.       Minutes November 2, 2011 regular meeting minutes
b.      Minutes November 16, 2011 special meeting minutes
4.      Review Invoices and Checks:  $ 262,452.61
5.      Move Sunrise Engineering Presentation to when they arrive

Motion was made by Council - Member Doug Beecher to approve the agenda, minutes and check and invoices in the balance of $262,452.61, and to move Sunrise Engineering Presentation to when they arrive, second by Council - Member Ray Justice.  Roll Call Vote:  Beecher -yes, Jensen-yes, Justice-yes, Howard - yes.  Motion carried unanimously.

E. Committee Reports:
1.      Planning Commission - no meeting
2.      Water Board - Mayor reported irrigation is out for the season.  Use was down 10% so it was turned off Monday, November 21, 2011.  We are working on an experiment with Sewer District on cleaning 1 of our 10" lines.  If it works we will be doing more and will buy a 1600ft line to carry on our trucks.  Will report how it worked next meeting.
3.      Sewer Board - Blair reported
a.   Farm sold 55,000 hay bales and made $120,000-$140,000.  He discussed what that              money is used for and also stated that they sale it locally and get between $180 and $240 a ton which is not the top of the market but not the bottom either.
b.   Outfall line 24" line bid, Interstate is in process of doing 3900' and Dennett Construction     will have 600-700' on a different contract.  Ash Creek is trying to help out the city as        much as possible.
c.    Goat market is $15,000- $21,000 per year.  He invited the Council-members to take a tour of the farm and explained the schedule.

4.  Fire District - Chief Kuhlmann was not able to attend.   Mayor reported Interlocal Agreement was approved by board and tentatively by Hurricane City.  It still needs to go before board and Hurricane City for resolutions and signatures.  Administrative Control Board:  Mayor LeFevre, Mayor Wilson, and Bruce Densley from Virgin.  Dean Cox will rotate in from the county on next rotation or             as needed.

Presentation:
Russ Funk (Sunrise Engineering) - Final report and approval on 100 E.  He reported that adding sidewalks entire length of street where not already present will require changes to be made to retaining walls and will add additional easement work.  Contract now includes 12 easements.  The project will actually need 27.  The narrow right of way from Center to 100 S. will continue on to 70 N. then will return to full right of way.  The size of storm drain was increased from 24" to 30".  He explained costs.  Mayor told him it will need to be an agenda item for a later date.

Russ will e-mail the pdf form of presentation to Derek to distribute to staff.

The deadline to finish is this month, he can't present final until approval has been signed.  He will get the invoice to the city.  Kyle didn't think it would be a problem as long as there were no further expenses.
F. Citizen Comment & Request for Future Agenda Items: none

G. Public Hearing:
CDBG Grant Public Hearing 1st hearing

Mayor Wilson opened the public hearing for the CDBG program and Council-Member Ray Justice stated that this hearing is being called to consider potential projects for which funding may be applied under the 2012 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 (FCAOG) in which La Verkin is a member, is expecting to receive approximately $800,000 in this new year.  All eligible activities that can accomplished under this program are identified in the CDBG Application Guide and interested persons can review it at any time.  Council-member Ray Justice read several of the eligible activities listed including, construction of public works and facilities, such as 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.  Council-member Ray Justice indicated that in the past La Verkin City has received $259,105.  The city has handed out its capital investment plan as part of the regional "Consolidated Plan".  The list shows which projects the city has identified as being needed in the community.

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

No comments were made and the public hearing was adjourned at 6:27 pm.

H. Business:
1.      Discussion and possible action concerning Ordinance No.2011-13:  An ordinance repealing and replacing the content of Title 10 Chapter 6I of the La Verkin City Code - Hillside Development Overlay Zone; and defining the process for acquiring development permits within the overlay, defining slopes, and outlining studies and reports as conditions for development.
Council- member Justice commented the old ordinance was not strong enough to fix problems at hand.

Richard Hirschi stated that the Planning Commission passed it unanimously.  They thought it was a good plan and will protect the city.

Kevin Bennett explained the problems with the current Hillside Ordinance, the bonds, easements and not being able to get onto property.  He also explained how the proposed ordinance will fix those problems and that it was patterned after Washington City.  June and Katie did most of the work, he wrote the bonding section.  He thinks it's a good document.

Council - member Howard mentioned that this would have helped where Anderson cut the hill.

Mayor Wilson thinks this is a good document for the city, owners, and developers.

Kevin Bennett explained the changes made to title since the Planning Commission approved it.  Map can be amended without amending ordinance.

Mayor Wilson discussed leasing 39 acres from Ash Creek, east side of Confluence Park that will need to be included.  As well as property on top of the hill and the overlay zone.

Motion was made by Council - member Ray Justice to approve Ordinance No. 2011-13, second by Council - member Doug Beecher.  Roll Call Vote:  Howard-yes, Justice-yes, Jensen-yes, Beecher-yes.  Motion carried unanimously.

2.      Discussion and possible action on proposed Real Property Purchase Agreement regarding the purchase of 17' - wide strip of private property situated within the Wanlass Park and adjacent to City property.
Mayor Wilson explained purchase of Kent properties. He stated that Mr. Brown came to Kyle Gubler with an amount.  Mayor Wilson and Kyle Gubler came up with a counter offer that he accepted. Mayor Wilson feels amount offered is fair, just to get it cleaned up.

Kyle Gubler explained that Mr. Brown has everything.  He just needs to sign it and get it back to us and we can cut him a check.

Kevin Bennett explained the Title search, appraisal and agreement.

Doug Beecher recalls this coming up previously.  He remembers it being a hard deal to get together and not wanting to risk losing the 2 big pieces of land over a small strip of land.

Motion was made by Council - member Hugh Howard to approve the Real Property Purchase Agreement, second by Council - member Jensen.  Roll Call Vote:  Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

3.      Discussion and possible action on Statement of Non-objection to tentative 2012 WCWCD budget.
Mayor Wilson stated that nothing is different than any other year.  They get it to us too late.  He wrote a letter back stating he has no objection to the budget but not binding the council.  Adding a new paragraph asking that we receive it in time to review it and express our opinion on it prior to the District holding the public hearing on it.

Doug Beecher stated that there is nothing significantly different with it, so there is really no reason to not approve it.  The process is distasteful to him, they are not going about it right.

There was a discussion on our budget process verses their budget process.

Mayor Wilson stated overall he supports what the District does and the budget.

Motion was made by Council-member Doug Beecher to approve the 2012 WCWCD budget, second by Council-member Hugh Howard.

4.      Discussion and possible action on purchasing a vehicle to replace vehicle lost in fire.
Mayor Wilson explained the size and features of the new truck, stating that it is $5,000 less than he anticipated.  The general fund owned the truck all the revenue from both the truck and the tools will go back into the general fund.   He also discussed how he recommends the city pay for it.

Kevin Bennett went over the contract and bid documents with Bradshaw of Cedar City.    Once we have a purchase order and approval of contract the truck can be ordered.

Motion was made by Council-member Jensen, second by Council-member Justice.  Roll Call Vote:  Beecher-yes, Jensen-yes, Justice-yes, Howard-yes.  Motion carried unanimously.

I. Staff. Mayor & Council Reports:
City Administrator - Kyle Gubler
1.       Winterfest - went well. Could have done better at advertising.  Janeal Carter will possibly be in charge of it again next year.
2.      Christmas Eve Program - Rayn Blair needs us to find a Santa.
3.      Color Country Housing is having the ribbon cutting ceremony for the 2nd set of families on December 15, 2011 at 1:00pm for those that would like to attend.  Kyle will be representing the staff.
4.      Staff Christmas Party was fun, thanks to the council.
5.      Welcome Christy Ballard.
6.      Judge Meyers will swear in new councilmen on January 4, 2012. Everything is done for the county and everyone has turned in their paperwork.
7.      WEBEOC Training showed how to put out assignments to other cities if we had an incident that needed extra help.  There is also a list of equipment that we have available.
8.      Water board- have a list of people interested in selling their water shares.  Also a list of people who have not paid their bill.
9.      Celtic Bank Property-they have drawings, but also some property issues they are working out.
10.  Appreciate outgoing council members and welcome new council members.


Public Safety - Chief Lloyd Watkins:
1.       Apologized for being late.
2.      Appreciate outgoing council members, welcome new.
3.      Statistics are up 55% in November due to animal control calls.  Kelly is doing an outstanding job.  She handled 118 calls.  Crime is down 13%

Director of Operations - Derek Imlay:
1.      Animal Shelter- hopefully turned over to Chief Watkins on Monday.  The road has been grated and cinders put down.  Rock pile is being moved.  2 full days and it should be done.
2.      Doug and Randy are working on the clean-out system.
3.      Thanks for the truck to replace vehicle lost in a fire.
4.      Thanks for the Christmas Party.
5.      Thanks to the outgoing council members.
6.      Street Maintenance Project for 2012 will begin as soon as animal shelter is finished.

Treasurer - Troylinn Benson:
1.       Budget report through November.
2.      Thanked Katie and welcomed Christy.
3.      Thanked outgoing council members.
Mayor Wilson:
1.      Working on appointments.  Will be presenting positions January 4th after Judge Meyers swears in new council members.
2.       HCAC - did not attend the last meeting.  Mayor Wilson did discuss the fake river at WCWCD and what is going into it. Stating that it will be very beneficial and nowhere near the cost represented.
3.      Confluence Park received 2 more restoration grants.  One has been completed and the other will be finished anytime.  La Verkin hasn't had to pay any money for the projects, thanks to the grants.  Mayor Wilson explained how the money was spent.  There was also discussion on trial head parking lot.


Jensen:
1.      Reported on the Washington County Solid Waste District meeting.  They approved the budget and changed one of the positions to receive benefits to make up for travel.  They also awarded the bid for the methane gas, which is required by state and federal guidelines.  He went over some of the issues they discussed with composting and also on trying to keep costs down.  There will be no fee for recapturing Freon.  They haven't raised the rate in a few years but need to now, so beginning January 2012 there will be a $.30 increase each month.  He explained how the decision was made and that it would need to be put on the bill.   Kevin Bennett stated that Allied Waste already had it in a previous Resolution.
2.      Recycling- Test areas are being chosen for cardboard recycling, La Verkin is at top of list thanks to our participation in recycling.
3.      Monday is Public Hearing and final approval of budget for the Solid Waste District.

Mayor Wilson is grateful for the district keeping costs down.


Justice:
Planning Commission has been cancelled, will report in February.  Thanks to outgoing
Council members.

Beecher:
1. Beautification Committee met with follow up items.  Kyle has been working hard on the
UDOT letter for the Cresent Park.  Another opportunity for this grant is coming up; he                                                                                                      discussed where this money will be spent.
2.   Confluence Park- appreciates Mayor inviting them down.  It is under appreciated. In addition to new parking area there will be a nice sign explaining the park, hopefully this will help with that.
3.    Thanks for the kindness. It has been an honor to serve.


Stratton: excused

Howard: Thanks, enjoyed serving on council.

Motion was made by Council-member Ray Justice to close for executive session for a discussion of the character, professional competence, or physical or mental health of an individual, second by council-member Phil Jensen.  Motion carried unanimously at 7:39 pm.

Motion was made by Council-member Ray Justice to reconvene from the executive session, second by Council-member Doug Beecher.  Motion carried unanimously at 8:09 pm.

J. Adjourn
Motion was made by Council-member Doug Beecher to adjourn, second by council-member Hugh Howard.  Motion carried unanimously at 8:10 pm.

Minutes were taken on behalf of the City Recorder by Christy Ballard.

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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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