LaVerkin City Council Meeting Minutes

Wednesday, June 6, 2012, 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present: Mayor Karl Wilson; Council-Members:  Randy Reeve, Richard Hirschi, Phil Jensen, Brandon Stephenson, and Ray Justice:  Staff: Kyle Gubler, Derek Imlay, Troylinn Benson, Kevin Bennett, Chief Lloyd Watkins, and Christy Ballard; Public:  Blair Gubler, Chief Tom Kuhlmann, Ann Wixom, Scott Stratton, and Travis Romney

A. Meeting Called to Order - Invocation and Pledge of Allegiance by Richard Hirschi at 6:00pm.

B. 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 May 16, 2012 regular meeting minutes

4.       Review Invoices and Checks:  $ 204,254.16

Motion was made by Councilman Ray Justice to approve the consent agenda as it is written including the checks and invoices in the balance of $204,254.16, second by Councilman Richard Hirschi.  Roll Call Vote:  Reeve-yes, Hirschi-yes, Jensen-yes, Stephenson-yes, Justice-yes.   Motion carried unanimously.

C. Committee Reports:

1.      Planning Commission -Councilman Hirschi reported that the Planning Commission is going over each area specifically and deciding what they would like to see located there.  Progress has been made however there is still more to be done.

2.      Water Board -Has been reported on since the last meeting.

3.       Sewer Board-Blair Gubler reported that since the last meeting the Sewer District has awarded the bid for the two street projects in Hurricane.  Construction will begin on Monday, June 11.

River Rock Roasting Co. was given a short time to see how business does before they will be required to put in a grease trap.  Costco, in St. George, has the type of grease trap that the Roasting   Company wants to put in so Blair went to Costco to find out how well it worked.  The operator told Blair that the grease trap takes a minimum of 30 minutes to service every day and it needs to be serviced each day or the line from the building to the grease trap located under the parking lot will get plugged.  Blair commented that under the sink grease traps are very easy for businesses to not maintain and he hopes his board will require them to install an external grease trap.

Mayor Wilson stated that the Board gave the Roasting Company 3 months to prove that the under sink would be sufficient and then 3 months to put in a regular grease trap if it is not.

Councilman Hirschi asked about the size of Costco's grease trap and the size of the Roasting Company's, as well as the maintenance.

Blair replied that both places have a 5 gallon grease trap and yes, the maintenance is that time consuming.

4.       Fire District-Chief Kuhlman reported that there have been two fires recently.  The County has issued a closer for all incorporated areas. Nothing is allowed outside of a camp ring, no cutting, welding or grinding outside of the incorporated city limits and there is no anticipation that any burn permits will be issued.  The fire rings for girl's camp and scout camp have not been closed.

The District has asked the City employees to not do hot work on a red burn days and to take precautions to make sure the area is clear on the other days.  The Fire District can also come and wet the area down if needed.

Permits for firework sales are being issued.  If La Verkin will be restricting the areas of fireworkdischarge the Fire District can send those notices out along with the permits.

Mayor Wilson commented that at the next City Council meeting which stage to declare the fireworks will be decided and suggested to the Councilmen that they may want to read that ordinance.

Chief Kuhlmann mentioned that the District is so concerned with the fire danger that they have been discussing with Hurricane possibly not letting off the City's July 4^th fireworks.

Certifications have been coming in.  They are hoping to have 15-20 new people in the next 1-2 months.

Kyle Gubler had a gentleman call him with a question on needing to mow two lots he owns.  He is concerned with starting a fire from hitting something underneath the weeds.  What can the owner do to prevent a fire?

Chief Kuhlmann answered that the owner should start by mowing the perimeter first getting a 30 foot barrier around the lot and then mow the middle.

Councilman Jensen suggested having a second person with a hose ready to spray things down if needed.

D. Citizen Comment & Request for Future Agenda Items:

No comments were made.

E. Public Hearing:

1.       2011-2012 FY Budget Amendment

Mayor Wilson explained that at the time the public hearing was posted, the budget amendment was not prepared.  So there will be another public hearing on June 20, 2012.  Mayor Wilson stated that this is the year end resolution, when this process is started all P.O.'s and Capital Projects are closed and all expenditures have to go to the Mayor for approval.

The Mayor went through the amendment by department.  In the General Fund revenues are coming in more than budgeted and the Mayor is projecting that the revenues will come in higher than the amendment.  In expenditures, it looks like we will come in below the amended amount.  There have been a couple of things done in the General Fund which will affect the Debt Service Fund.  The Animal Control Shelter payment was recoded with the proper GL line so that will be   transferred.  This created two new lines in the Debt Service Fund, one for principle and one for interest.   The animal control expenditures went down $6,000 dollars from what was originally projected.  Capital Projects, there will be a little balance left in that fund.  The next Capital Projects Fund was the Animal Control Shelter.  It went slightly over so $1,000 was brought over from the General Fund to cover that.  The Water Fund revenues are projected up slightly.  Mayor Wilson is projecting the ending balance being only slightly negative, not the balance shown.  Mentioning that with budget amendments the line items are covered and some of the items that are not going to get spent are not adjusted down.

In the Irrigation Fund the operating expense was raised.  The Revenues have also gone up.

With the Garbage Fund, the District raised the rates so that gave us more revenue but also a greater expense.

The Drainage Fund revenue was increased slightly.  The Mayor is projecting that will end with a positive balance.

Public Hearing opened at 6:23pm

No comments were made.

Public Hearing closed at 6:23pm

Mayor Wilson explained that in the General Fund the past three years there has always been budgeted in an Appropriation of Fund balance which allows the budget to go that far negative based on the amount of cash on hand at the beginning of the year.  Mayor gave 2011 as an example.  This year as of yesterday the revenues over expenditures is $19,294.  It will go negative by the end of the month but not as much as been appropriated. The last few years have ended better than budgeted that remaining money rolls over into the next year.

Mayor Wilson also commented that St. George has noticed an increase in Sales Tax Revenue.  La Verkin has seen the same trend in the last three months, if that continues the Sales Tax Revenue will come in higher than projected.

F. Business:

1. Discussion and Direction on FY 2011-2012 Budget Amendment.

Discussed in the Public Hearing.

2.       Discussion and Possible Action to approve Resolution No. R-2012-­­08; Adoption of the FY 2012-2013 Budget.

The public hearing has been held for this item.

Motion was made by Councilman Ray Justice to approve Resolution No. R-2012-08; Adoption of the FY 2012-2013 Budget, second by Councilman Phil Jensen.  Roll Call Vote:  Justice-yes, Stephenson-yes, Jensen-yes, Hirschi-yes, Reeve-yes.  Motion carried unanimously.

3.       Presentation, Discussion and Direction on La Verkin Creek Park.

Kyle wondered if the City Council would like to direct Staff to get with Ash Creek Sewer District in coming up with a mutual lease agreement for the property located in Riverwood.  It is a 5 acre parcel.  The staff does have a plan for the property.  However, if the City Council does not approve of the plan an alternative could be to secure the property with an agreement and wait until the budget could support doing improvements there.

The plan that the staff has is to plant 2 of the 5 acres into a flat ball field when the budget could support it.  John Postert suggested using up to 1 acre as a tree farm.  The City would plant saplings that cost around $2 each, and then when the trees are big enough the City could use them.  Another idea along with that is donating some trees to local businesses improving the look of the downtown and State Street areas.

A road would need to be maintained on those 5 acres to get to Confluence Park.

Kyle figured that the 5 acres would take a little over 2 man hours per week to maintain, add to that the cost of fuel and fertilizer and it would be around $40 per week.

Purchasing this land would help the City not depend so heavily on the elementary school for playing fields as well as help expand the City's recreational activities.

Kyle mentioned this would be a good transition going from Riverwood to Confluence Park and would provide extra parking for Confluence Park.

The disadvantages would be the cost of maintenance if grass goes in, and the increase traffic for the residences in Riverwood.

Kyle asked if the Council would like staff to move forward in coming to an agreement with Ash Creek Sewer District for this property.

Mayor Wilson stated that La Verkin has already gone to the Sewer District once with this and the Sewer District directed La Verkin City to come up with a written proposal.

Councilman Ray Justice asked where the road is currently located.

Kyle showed the Council where the road is located and explained where the proposed road would be.

Councilman Justice asked if the last flooding affected this property.

Kyle replied that the flood did not.

Blair Gubler answered that the last flood did take quite a bit of land from the other side of the creek.  He also mentioned that the creek has flooded once into the pond because of the diversion.  The diversion is gone now.

Councilman Hirschi asked if securing the property would cost the City anything.

Kyle replied that would be part of the negotiation.

Councilman Hirschi stated that he would like to see the agreement and then decide.  Mentioning that depending on how much it would cost to get water to the trees, he thinks the tree farm is a good idea.

Councilman Jensen pointed out that it is important to maintain the parks that the City currently owns, however some of them are small for the activities that are planned.  The park by the City Offices is a great location but in order to expand, property would need to be leased or purchased.  The Confluence Park Committee as well as different entities has put money into the Park for improvements and it would be a good idea for the City to capitalize on it.  The City does have a good working relationship with Ash Creek Sewer District and Councilman Jensen feels like it would be a good idea to work something out for that property so the City could do things to promote the use of Confluence Park.  Mentioning that prices are low enough if the City could get the property it would be a benefit and promote us as a City.  He recommends pursuing it.

Councilman Stephenson agrees, commenting that the value of the property will only go up as Confluence Park gets better.

Mayor Wilson commented that the Council would like staff to write a proposal.

Kyle and Kevin will write a proposal to present to first the Council for approval, then to Ash Creek Sewer District.

4.       Discussion and Possible Action to approve Resolution No. R-2012-09, a Resolution setting Animal Control Fees.

Chief Watkins reported that some of the fees for the animal shelter had never passed through a resolution.  A study was done and a committee was formed to make sure these fees are appropriate with surrounding areas.

Councilman Justice asked if any of the fees are higher than what Hurricane was charging.

Chief Watkins replied that the drop off fee is higher to discourage people from just dropping animals off.   Instead we would like to help them find a place for their animals.  However, the adoption fee is lower to try to encourage people to adopt from La Verkin.

Councilman Reeve mentioned being concerned with the daily impound fee. It is too high.

Chief Watkins answered that the amount was chosen to be the same as the veterinarians boarding fee to discourage people from going on vacation and leaving their animals in the shelter.  Pointing out that these fees are just a recommendation, the Council can change them.

Kevin mentioned that the Code allows the City to charge for the first day, however, that fee has been worked into the initial impound fee so there is not a separate charge for the first day.

Councilman Jensen commented that he has seen the animal control officer as well as the police department do all they can not to impound an animal.  The fee could appear high at first but with warnings and animals being picked up and owner's notified, people will realize that the animal does need to be taken care of or it will cost them.

Kevin explained the definition of impound and stated that if the animal is returned to the owner an impound fee is not charged.

Mayor Wilson stated that according to the study it costs $71.91 a day to house an animal.

Motion was made by Councilman Richard Hirschi to approve Resolution No. R-2012-09, a Resolution setting Animal Control Fees, second by Councilman Brandon Stephenson.   Roll Call Vote: Reeve-yes, Hirschi-yes, Jensen-yes, Stephenson-yes, Justice-yes.  Motion carried unanimously.

5.       Discussion and Possible Action to enter into a Personal Service Agreement (Janitorial) with Dust to Dawn Professional Cleaning Services.

Item is not ready yet.

Motion to continue was made by Councilman Ray Justice, second by Councilman Richard Hirschi.  Motion carried unanimously.

Kevin stated that staff is ready.  We are just waiting for items that were required in the pre-agreement to get back to us.

6.       Discussion and Possible Action to approve a Resolution on a Capital Purchase for a Police Vehicle.

Chief Watkins reported that this vehicle will replace the one that was lost in the fire.  The insurance paid well and so he would like to take this opportunity to improve the fleet at minimal cost to the city.  Chief explained that in looking for a vehicle they had decided that a higher profile vehicle would be better than a car.  Trucks seem to hold their value better and in talking with Hurricane City, officers can see better in traffic and the light bars are on top so people can see those better.  Some areas that need to be patrolled in La Verkin such as Confluence Park or getting to ATV accidents cars cannot do.  Often times the police officer has to get a ride with the fire trucks.

The other thing that was looked at was comfort for the police officer pointing out that 8-12 hours are spent in the vehicle.

Chief was also looking for a newer vehicle, something reliable.  There have been a couple of occasions where officers have had to respond in their own vehicle because the police vehicle would not start and when medical responds they cannot make an entrance until the police officers have secured the scene.

Gas mileage is another thing that was looked at.  Chief Excell told Chief Watkins that the trucks get better gas mileage than the Charger does.  The last month of fuel records show that the Impala, Tahoe, and Chief's truck all were getting 12-13 and the Crown Vic got 10.  Pointing out that it does fluctuate and sometimes they will all be 15.

Chief Watkins also mentioned that Councilman Reeve has been looking for vehicles and sent Chief a list.  Councilman Reeve recommends getting a couple of 2006 Crown Vic's with about 50,000 miles on them.  Chief Watkins stated that although he appreciates Councilman Reeve's dedication he feels that it would be better to not get the older Crown Vic's for the reasons mentioned above as well as the cost of the maintenance.  Chief would like to take the insurance money and about $6,000 more to get a 2009 Ford Explorer.

Chief went over all of the items that the Explorer comes with and stated that it has 33,000 miles.  He feels that this vehicle would be an asset to the Police Department it is professional looking vehicle that will service the needs of the department.

Councilman Jensen asked if Chief is trying to replace the cars with trucks and at what point does he feel vehicles need to be replaced.

Chief replied that he would like to have vehicles replaced at 100,000 miles.  Mentioning that a few of the vehicles will hit that this year, Chief also mentioned wanting to start a vehicle replacement program where something newer could be purchased each year and most trucks maintain their value and have a higher resale value. Trucks also allow the Police officer to get where they need to go.  This particular vehicle is an SUV but Chief felt that it is a good deal.

Councilman Jensen asked if the calls to places that cars have a hard time getting to have increased.

Chief Watkins stated that calls for service have not increased but those areas are not being patrolled.  This vehicle will open up the patrol area for things such as juvenile parties and the four wheeling complaints.

Councilman Jensen wondered if there was a balance between the cost of a newer vehicle and the cost of maintaining an older one.

Kyle replied that when he was in the automotive business there were two ways of thinking.  One company would get their salesman a car that they would drive until it had 50,000 miles on it then sell it stating that the resale value is higher.  The other company would get the salesman a car that they would drive until it broke down completely, there would be no car payment but the amount of money to maintain the vehicle would go up.

Kyle commented that he contacted another city manager with regard to getting a truck or SUV verses a car and the city manager gave him some of the same reasons that Chief Watkins has mentioned adding that if the vehicle needed to be used in another department trucks are better.

Mayor Wilson stated that a police car costs more money to maintain than a regular car.  With new vehicles the overall cost is a little bit higher but the maintenance is a lot lower and the dependability is there and those are two key factors.

Councilman Reeve stated that he sent everyone the paperwork that he had gotten on the cars from Unified Police Department.  Two Crown Vic's with 50,000 miles on them that will cost about $6,000.

Is 20,000 miles worth $15,000?  The insurance money would buy two new cars that could replace two older vehicles and the City wouldn't be out any money, which is his concern.  To do what is right by the City.

Chief Watkins commented that Councilman Reeve does have a valid point but it would only give us 20-30,000 miles before the high expense maintenance items would need to start being replaced.

Councilman Reeve also pointed out that the Police Department does have two 4-wheel drive vehicles on the force right now.  If an officer needed one of those vehicles they could take either one of them.

Chief replied that has happened, mentioning that when someone is in a hurry it can be hard to remember all of the things they may need.  It is difficult to know where things are in someone else's vehicle.

Councilman Hirschi likes the idea of the Ford Explorer because of the mileage and lower maintenance.

Councilman Reeve stated that the Crown Vic's come with all of the stuff in them also except the radio.  They will leave them in if we commit to getting the cars.

He doesn't think 20,000 miles makes a car fall apart faster than another.

Mayor Wilson stated that the insurance is paying almost $16,000 which means the City will need to come up with about $5,000 more.  The budget amendment already has this calculated in it. If you look at the overall Police budget with or without the budget amendment Chief Watkins had the money in his budget.

Councilman Justice commented that he likes the idea of the high profile vehicles as well stating that we do have some areas that are difficult for a car to get to.  It will be a good vehicle to take to trainings and he likes the low mileage.

Councilman Stephenson stated that it is important for the Police Force to have something reliable.

Mayor Wilson commented that the price on the list for vehicles with 60-70,000 miles has doubled from what he saw a few years ago.  Unless you inspect them really good chances are we would be inheriting more problems with a higher mileage vehicle than a lower mileage vehicle.

Councilman Justice asked Councilman Reeve if the cars came with car fax reports.

Councilman Reeve answered that he had contacted them today to get the maintenance log and they were not able to get that to him however, they do have the whole log.

Mayor Wilson mentioned that if it is coming from a city that can show the vehicles have been well maintained he feels that it should be considered.

Motion was made by Councilman Richard Hirschi to adopt the Resolution to purchase this vehicle for the Police Department, second by Councilman Ray Justice.  Roll Call Vote: Reeve-no, Hirschi-yes, Jensen-yes, Stephenson-yes, Justice-yes.

G. Staff. Mayor & Council Reports:

City Administrator-Kyle Gubler

1.       The maintenance and mileage report has been broken down so that each department has listed each vehicle. Kyle explained how he had figured the cost break down for each vehicle.  The last page has the breakdown of how much Kyle and Mayor Wilson have paid for their vehicles.

2.       Leak detection equipment.  Two companies have come to show staff the equipment they carry.  There will be more information given in an upcoming council meeting.

3.       Water Conservation Field Service Grant has been approved.  We will be getting $100,000 over a two year period to help do the meter replacement.  June 12 will be the meeting telling us what the City will need to do to get that money.  It will help us replace 480 meters in those two years.

Public Safety-Lloyd Watkins

Chief Passed out the Stat reports for the month of May.  There is a 20% increase in incidences over last year and an 11% increase in offences.

Chief thanked all of the Councilmen for their service and Councilman Reeve for help in   locating vehicles.

Director of Operations-Derek Imlay

Reported on the number of call outs this past week.

There have been 7 breaks since Thursday, 4 irrigation and 3 culinary with one more Derek found out about on his way to this meeting.

The crew has been working on patching the asphalt trying to get it finished this month.

Councilman Stephenson asked how the 2^nd test of the leak detection equipment went.

Derek replied that there were no leaks found but wondered if that was because the area was too small.  He also explained the equipment that he and Kyle have been looking at.

Treasurer-Troylinn Benson

There were 141 notices for late payment sent out today.  Last month there were 34 shut offs which is the highest it has been for a long time.

Troylinn thanked Christy, Derek and John for helping out up front.  Mandi will be back in 5 weeks.

Mayor Wilson stated that is one of the reasons the budget will come in less under on payroll.

Mandi is not getting paid right now.

Mayor Wilson:

Mayor Wilson reported that he has attended most of his meetings.  The Mayors Association has been canceled until September.

Jensen:

Councilman Jensen asked Chief Watkins about the 85 calls for animal control, pointing out that the numbers don't add up to that and wondered if a more detailed report could be handed out.

Chief replied that the call total is everyone that calls in to her whether it is a question or calls she actually goes out on.  He will add the calls of service to the next report.

No meetings to report on but did thank La Verkin City for donating the dunk tank to Kanab's fundraiser for Cancer Awareness, they raised $26,000.

Justice:

No meetings since the last City Council meeting.

He did ask Chief Watkins about someone burning tires and leaving black marks.

Chief replied that there has been an arrest made.

Hirschi:

Has already reported on the things he has.

Reeve:

Mosquito Abatement meeting is tomorrow.

The 4^th of July celebration will not be having the Councilmen serve breakfast.  You are invited to   help with lunch if you would like.  The parade and the hike/run through Confluence Park are expected to be well attended.

Kyle stated that the Council will be having a float this year.  Lineup is 8:00am at 111 South Main.

Stephenson:

Everything has been covered.

Adjourn

Motion was made by Councilman Ray Justice to adjourn, second by Councilman Brandon Stephenson.  Motion carried unanimously at 7:40pm.

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