La Verkin City Council Meeting Minutes

Wednesday, April 16, 2014 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah


Present:  Mayor Kerry Gubler; Council-Members:  Chantelle Browning, Richard Hirschi, Brandon Stephenson, Ken Hooten, Randy Reeve; Staff: Kyle Gubler, Derek Imlay, Troylinn Benson, Kevin Bennett, Chief Ben Lee, and Christy Ballard; Public: John and Rose Valenti, Henry Hilburn, Katheryn Webb, Joe and Christy Webb, Katie and Debbie Hardy, Alicia Fahring, Rebecca Stevens, Merlin Spendlove, and Ray Justice.


A.       Called to Order – Invocation and Pledge of Allegiance by Chantelle Browning at 6:00pm.


B.        Presentation:

1.      La Verkin City Royalty

Mayor Gubler introduced Katheryn Webb as the new Miss La Verkin. 

Katheryn introduced Alicia Fahring as Miss Congeniality, Rebecca Stevens-2nd Attendant, and Katie Hardy-1st Attendant.  The girls performed their jingle they will be performing at the County Fair.


C.        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.      April 2, 2014 regular meeting minutes

4.      Review Invoices and Checks:  $85,427.69


Motion was made by Councilwoman Chantelle Browning to approve the consent agenda as written including the April 2, 2014 regular meeting minutes and checks and invoices in the amount of $85,427.69, second by Councilman Brandon Stephenson.  Roll Call Vote:  Reeve-yes, Hooten-yes, Browning-yes, Hirschi-yes, Stephenson-yes.   Motion carried unanimously. 


D.      Committee Reports:  

1.      Planning Commission – The Planning Commission meeting was cancelled.

2.      Water Board – The Water Board has not met.

3.      Fire District-Chief Kuhlmann was not present.  Councilman Hooten reported there has not been a meeting.

4.      Sewer Board-Blair is not present to report.  Councilman Hirschi reported there was an easement discrepancy with a building on State Street in Hurricane the Sewer District has been working on that.  They also discussed a couple of projects in Hurricane.       


E.       Citizen Comment & Request for Future Agenda Items:

            Henry Hillburn is a citizen of La Verkin.  He attended the last meeting and did not think the concern raised over the moving fee for the new Police Chief was handled very well.  He felt that the check was already written out and that everyone had to be okay with it.  Mr. Hillburn stated this is a small town and he wondered where the funds for something like that came from and feels that fee should be reconsidered.



F.      Business:

1.      Discussion and possible action on a Community Garden.

Mayor Gubler would like the Councilmembers to consider an informal community garden. 


Kyle passed out a copy of the information he found on community gardens from surrounding cities.


Mayor Gubler doesn’t want to invest as much into the garden as some of the cities surrounding us but would like it to be ½ to 1 acre with someone from the community in charge of it.  He would like it to be centrally located for easy access and around homes to prevent pilfering.  There would be no fences and would be run by volunteers and people from the community willing to work for their share of the produce.  The City would provide the irrigation water.  The only expense would be connecting to the irrigation, plants, and water lines.


Councilman Hirschi wondered if individual people would have their own row.


Mayor Gubler is okay with that idea but was thinking of having a general community garden where no fees were charged only volunteers who are willing to work for some of the produce.  If someone was in need and unable to work (physically, mentally, etc) and it was determined by the person in charge that person did need help they would be allowed produce.  This would be a trial basis only.


Councilman Hooten commented his only experience with community gardens is where people purchase their plot.  He does feel a large garden could work but there would need to be some controls with whoever was put in charge.  He thinks it is a good idea. 


Mayor Gubler has found some property on Main Street that the owners are willing to let the City use and a person willing to till it as needed.  There is irrigation to the property but the City will need to connect to it.  He has also talked to a citizen about being in charge of it if the Council decides to move forward.


Councilman Reeve feels the garden is a good idea and should be pursued as long as City employees are not taking care of it.  Derek’s crew already has enough to do.  


Mayor Gubler agreed saying the two fold reason for the garden is to provide food for people in need and have them be responsible to provide for themselves along with teaching younger members of the community how gardens are grown.  He estimates it costing about $500 to purchase soaker hose, pvc pipe and plants.

He also asked if any of the Councilmembers would like to be over the garden.


Councilwoman Browning said she liked the idea of it but there are some logistics that need to be worked out.


It was brought up that people who have to pay for their plot tend to have more invested and take care of it.


Councilman Reeve stated he is okay with it if volunteers run it and the City pays no more than $500.


Kyle suggested looking for donations from businesses to get started.


If this project goes forward Mayor Gubler would like it put on the water bill so the citizens could be aware of it.


Councilman Hirschi volunteered to be in charge of the community garden.


Councilwoman Browning would like the garden re-evaluated each year.

Motion was made by Councilman Ken Hooten for the City of La Verkin to sponsor a community garden on an experimental basis with no more expense than $500 for the first year, second by Councilman Brandon Stephenson.  Roll Call Vote:  Browning-yes, Stephenson-yes, Hooten-yes, Reeve-yes, Hirschi-yes.  Motion carried unanimously. 


Mayor Gubler would like a report on the progress of the community garden at the next City Council meeting.


G.    Adjourn to Executive Session

1.   Discuss the lease of real property where public discussion of the transaction would prevent the public body from completing the transaction on the best possible terms


Motion was made by Councilman Ken Hooten to adjourn to an Executive Session at the location of 111 South Main in La Verkin Utah to discuss the lease of real property where public discussion of the transaction would prevent the public body from completing the transaction on the best possible terms, second by Councilman Brandon Stephenson.  Motion carried unanimously at 6:32pm.



H.    Reconvene from Executive Session at 7:13pm.

1.      Discussion and possible action on subject matter from Executive Session


Motion was made by Councilman Ken Hooten to accept the lease agreement as written with an amendment that the City take care of the front part of the property down to 200 North, second by Councilman Richard Hirschi.  Roll Call Vote:  Hirschi-yes, Browning-no, Reeve-no, Hooten-yes, Stephenson-no.  Motion does not pass.


Motion was made by Councilman Ken Hooten to accept the lease agreement as written, second by Councilman Richard Hirschi.  Roll Call Vote:  Reeve-no, Hooten-yes, Stephenson-no, Hirschi-yes, Browning-no.  Motion does not pass.


There will be no lease agreement.


I.       Staff. Mayor & Council Reports: 

City Administrator- Kyle Gubler

Kyle passed out his handout. 

The Easter Egg hunt will be April 19th at 9am.

The Soap Box Derby will be May 3rd; this is making up for the one that was cancelled during Winterfest.     

Welcomed Chief Lee.  He started Monday.


Public Safety- Chief Ben Lee

Thanked Mayor and Councilmembers for the opportunity to serve this community. 

There are equipment, inventory and budget issues he has discussed with the other Directors along with organization issues that will be an ongoing item.  He has also requested a curriculum vitae from his staff to help get to know them.


Councilman Reeve asked the Chief if being the brother in law of Judge Meyers will be an issue.


Chief Lee replied that he and Judge Meyers have discussed this issue.  If a case from La Verkin were to come before Judge Meyers he has the ability to excuse himself from it or Chief Lee has the ability to put the case through the Washington County Justice Court.  He does not feel it will be an issue.   


Director of Operations-Derek Imlay

The HA5 application has started and will be complete on Thursday.  There have been no complaints and there is a full time inspector on that project.

Silver Acres has 45 days left on the project.  The irrigation and culinary lines will be complete this weekend.  The grading will be next.  At this point the project should finish on time or early.

There have been no major issues come up.

The concern brought up by a citizen from the last City Council meeting concerning the HVCF light has been taken care of.  The owners of HVCF have disconnected the light switch so it cannot be turned on.  The owners will be contacting the person who made the noise complaint hopefully this week to try and find some common ground to resolve that issue.

Derek did contact the citizen and let him know the business owners will be contacting him within the week.  If it is not resolved within the week the City will have to look at other avenues such as re-doing the noise ordinance.  As it sets right now, we would not be able to issue a citation on this complaint based on what is currently on the books.


Chief Lee mentioned that he too was in the meeting with the owners of HVCF and they are having an open week where anyone can work out free of charge so Chief did.  He was there yesterday and today just to see for himself.  Today he had them turn the music up as loud as it could go and then went and sat on the wall between the business and the homes.  It was loud but he didn’t feel that a reasonable person would feel it was over bearing.


Councilman Stephenson lives in that area and walks his dog by the business every night and he doesn’t feel it is loud.  He thanked Derek for following up on the complaints.


Two members of Derek’s crew are back, they still don’t have a return date for Doug.   


Treasurer-Troylinn Benson

There were 19 shut-offs yesterday, only 2 are still of today.

Troylinn passed out the financials.  They are from the January to March.  We are at 75% of the year.  If the Councilmembers have any questions about it they can call either her or Kyle.


Mayor Gubler-May 21st is a City Council meeting night.  It is also the high school graduation.  Mayor Gubler is proposing that meeting be cancelled.  If no one has a problem with that we will cancel that meeting.


That meeting will be cancelled.



Mosquito Abatement has had the adultiside come in.  They are working on the surveillance and tracking portion of their job along with the trapping schedule.  If there are any areas in La Verkin they are not already trapping in, let Chantelle know and she will pass that information on.  Confluence Park is the biggest area in La Verkin and they are already trapping there.


Hirschi-Nothing to report.


Stephenson-Nothing to report.  


Hooten- Nothing to report.


Reeve-The Sports Program had soccer end April 10th.  T-Ball/Machine pitch registration started April 7th and goes to May 9th.  In the past we have worked with Little League in letting them use the ball field.  There is no Little League anymore, Hurricane has absorbed it.  They have asked if they can use the field as long as it doesn’t conflict with our schedule.  Kyle is letting them do that.

He attended a training last night and found out that all elected officials, under Utah Code 11-47-103, are required to have their name and a way to contact them available.  It used to be on the La Verkin City website, he wondered if that information is on the website again.


Kyle reported that he thought it had always been on the website, but will check and make sure it is still available.


L.   Adjourn:


Motion was made by Councilman Brandon Stephenson to adjourn, second by Councilman Ken Hooten.  Motion carried unanimously at 7:30pm.

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