La Verkin City Council Meeting Minutes

Wednesday, March 18, 2015 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah


Present:  Mayor Kerry Gubler; Council-Members:  Richard Hirschi, Ken Hooten, Randy Reeve, and Chantelle Browning; Staff: Kyle Gubler, Derek Imlay, Kevin Bennett, Chief Ben Lee, and Troylinn Benson; Public: John & Rose Valenti, Ray Justice, Angela & Shaun McCausland, Kira Brown, Elizabeth Garfield, and Shaniah Williamson.


Councilman Brandon Stephenson and Christy Ballard have been excused.    


A.       Called to Order – Invocation and the Pledge of Allegiance was given by Kevin Bennett at 6:00 pm.


B.     Presentation:

1.      La Verkin City Royalty

Mayor Gubler introduced the 2015 royalty. 

The girls performed the jingle they will be singing 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.      Minutes: February 18, 2015 regular meeting minutes 

4.      Review Invoices and Checks:  $107,847.80


Motion was made by Councilman Ken Hooten to approve the consent agenda as written including the February 18, 2015 regular meeting minutes and the checks and invoices in the amount of $107,847.80 second by Councilwoman Chantelle Browning.   Roll Call Vote:  Browning-yes, Hirschi-yes, Hooten-yes. Reeve-yes,   Motion carried unanimously. 


D.      Committee Reports:  

1.      Planning Commission-Councilman Hirschi reported there was a discussion on Cherry Orchard Phase III, the public hearing for that project will be April 8, 2015.  The Main Street Road Extension project will also have a public hearing on April 8th

2.      Community Garden-Will be planted in the morning.  Troylinn will be helping with that.   

3.      Water Board- Has not met.

4.      Sewer Board-Blair was not present to report.   

5.      Fire District- Chief Kuhlmann not present to report.


E.       Citizen Comment & Request for Future Agenda Items:

            No comments were made.                                              


F.      Business:

1.      Discussion and possible action to give preliminary plat approval on the Sunset View Estates Development Agreement and subdivision layout.

Kevin explained the project was started prior to 2007, the recession hit and the property has sat unfinished causing erosion and drainage issues.  The property has been purchased and the new owner has gone to the planning commission and, after a public hearing was held, received recommendation for preliminary approval for the Development Agreement and both plats subject to working out a couple of items.  One of those items was the berm easement that was approved during the March 4th City Council meeting. 

The Credit Union would also like to talk to the City about giving the City the land going behind the development up to the top side to use for recreational purposes (trails).

The other items involve Derek and have been taken care of.

The property is zoned R-1-14, which means the parcels should be 14,000 square feet.  They are not.  The parcels range from 10,000-19,000 square feet.  The subdivision is more of a flexible lot subdivision with the City picking up several parcels for drainage, detention basins, and for access and protection of the water tanks. 

Because the subdivision doesn’t meet the R-1-14 requirements there had to be a Development Agreement. 

This Agreement also includes the improvement of 400 North.  The City has already improved the water lines and irrigation.    

There was one change from the agreement sent out in the packet and that was the removal of Del Beddo’s name as contractor and Derek Hall (Dirt Pro Excavating) added as contractor.

Kevin recommends approval.   


Councilwoman Browning pointed out a grammatical error and wondered about the drainage for the subdivision. 


Derek explained the upper part of the development has drainage in it and the lower part will be surface ran.  There is a rock fall berm at the back of the subdivision and that will handle the water coming off the mountain.  From the berm, it will drain north toward SR9, then the cemetery and on to the La Verkin Creek area. 

The 400 North improvements will lower the grade of the road, which will slow down how fast the water comes onto that road.  At the top of 400 North a valley gutter will be put in that will drain underground to two other detention basins at the northwest corner of the property.  Doing this will actually affect 400 North and Webb less than originally thought.

            The surrounding citizens should be in good shape between the drainage and the additional walls.  There will be a City employee on location to deal with any concerns or issues. 

The final plat will list any soil concerns for each lot.  The soils engineer has also asked that desert landscape be done in the subdivision because some of the lots have soil that could cause issues.  This is the first time since Derek has worked for the City he has seen the restrictions actually on the mylar. 

The subdivision will have irrigation but they were granted an exception to the minimum 30lb pressure requirement.  For the subdivision to have that amount of pressure, it would have required a pump station.  Because of the quality of pipe that was put in on 100 East, staff felt putting that in may cause the pipe to collapse.   The City will not guarantee the amount of pressure Sunset View Estates will have.  The irrigation will loop from the main line on 100 East off 400 North and up Webb Street.

Every lot is buildable but each lot has its own requirements from the soils engineer.    


Kevin pointed out 30lbs of pressure is more than should be used on those parcels. 

The Council may approve the preliminary plat, which gives the property owner the ability to move forward with finishing the infrastructure in the subdivision.  Once that has been complete, the owner will come back for final plat approval.  The Council may also approve the preliminary Development Agreement.  The attachments have not been included in the agreement.  The City needs approval on the text of the agreement.  The attachments will be there at the time of final approval.                                                  


Motion was made by Councilman Richard Hirschi to give preliminary plat approval and preliminary Development Agreement approval to Sunset View Estates, second by Councilwoman Chantelle Browning.  Reeve-yes, Hooten-yes, Hirschi-yes, Browning-yes.  Motion carried unanimously.


2.      Letter of resignation from Councilman Brandon Stephenson.

Mayor Gubler read the letter of resignation from Brandon Stephenson.  It was received today.


Motion was made by Councilman Ken Hooten to accept Brandon Stephenson’s letter of resignation and express appreciation, from the Council, for a job well done, second by Councilman Richard Hirschi.  Browning-yes, Hirschi-yes, Hooten-yes, Reeve-yes.  Motion carried unanimously.    

Kyle went over the process of filling a vacancy in the City Council and the requirements of the candidates. 

Applications will be accepted from Friday, March 20, 2015 thru Friday, April 10, 2015 at 3:00pm.

The candidates will be voted on during the April 15, 2015 regular city council meeting and the newest appointed person will be sworn in and take their place on the stand. 

The Mayor Pro Tem will be voted on April 15th also. 


Kyle will draft a letter of appreciation to Brandon Stephenson.            


G.    Staff. Mayor & Council Reports:

City Administrator- Kyle Gubler

Kyle emailed his report to the Councilmembers. 

Rich Murset has agreed to chair the Founders Day celebration.

April 4th is he annual Easter Egg Hunt.

La Verkin City has once again earned the recognition from Tree City USA.

UDOT had a regional meeting to talk about the upcoming projects.  La Verkin’s State Street project was discussed.  The main topic was House Bill 362 gas tax (included in Kyle’s handout).  It did pass and will take effect on January 1, 2016.  Right now Utah has a 24-cent per gallon gas tax.  On January 1st that will change to a 12% on the cost of wholesale fuel tax.  It will have a floor, which is the lowest the tax can go, and that will be .29-cents per gallon, the ceiling or the maximum, it can go is 40-cents per gallon.  It will be adjusted annually.  Also approved was a Local Option Tax that the County can add, after the cities all vote on it.  It is a quarter of a percent.  The County Commission talked as if they were not going to add that at this time, since the RAP tax was just approved. 

The City may see a small increase in next year’s budget in the B & C Road Funds.

ZC3 met today and Kyle will bring a presentation on their Interpretive Plan to the City Council.

Mr. Harper commented during the last City Council meeting about his concern with the appraiser making comments about the value of the home next to his. 

Kyle talked to the appraiser who wrote a letter to Kyle that he would like read into the meeting minutes.  See Exhibit A.  Kyle will follow up with getting Mr. Vincent a copy of the minutes.


Councilman Hooten asked about hybrid vehicles being charged an additional premium.


Kyle replied that was not mentioned. 


Public Safety- Chief Ben Lee

Chief reported on the traffic accident at the corner of 500 North and State Street and thanked Derek’s crew for their quick response and assistance.  When Officer Crouse issued the citation, she informed them that the car seat they were using was installed improperly and was out of date.  Officer Crouse found them a new car seat at no charge. 

Officer Crouse was nominated and will be receiving Officer of The Year for small agency Utah.  The Utah Chief of Police Association give this award annually at their meeting which is next week.

The new vehicle should be here next week.  

The animal shelter has two dogs in quarantine.  They are both classified as vicious animals so Patti is working through the steps of dealing with those two animals properly. 

The Safety Fair will be ran in conjunction with Founders Day this year.


Director of Operations-Derek Imlay

The 2015 Road Maintenance Project has started.  They are doing it in three sections so traffic can still get through.  The project should be completed by next week and has not had any complaints up to this point. 

Derek passed out a copy of the irrigation sheet.  The water has been in since March 9th.  Forty-six ½-acre feet of water has been used so far.  Derek’s crews have cleaned the lines and the entire system is on.    

Derek invited the Councilmembers to walk through the Sunset View Estates project if they would like.


Kyle mentioned Holbrook Asphalt received the highest recommendation for warm weather climates during the UDOT meeting. 


Troylinn-Shut-offs seem to be going down.  We sent out 143 Notice Processing Fees, then had 105 door hangers with only 16 shut offs.  There are 4 still of but 2 of those are empty houses. 


Councilwoman Browning asked the status of the software billing glitch the City had a few months ago.


Troylinn answered it has been corrected and the late charges were reversed for customers affected by the glitch. 


Mayor Gubler-Thanked the Councilmembers for their help with the budget.  The roads are still an issue.  Some ways to help with this is to put on the Mill Levy, which means to raise taxes.  The City will have no control once that is done.  Water assessment is another option; the City would remain in control of removing that tax if no longer needed.  There is also the Rainy Day Fund that money could be taken from, if we had to. 

We need to be sure we make the best use of City dollars and that we have the best interest of the City in mind as we work on the budget.   


Browning-No meetings.


Hirschi-Nothing further to report. 


Hooten-Received a call from a concerned citizen in regards to traffic from the Confluence Park Center Street Trailhead.  The length of time and the late hours the vehicles are in the parking lot, along with the alcoholic beverage containers, are making them feel unsafe.

He has also received several positive comments about the La Verkin City Police Department and wanted to pass that along.


Reeve-Nothing to report.            


H.  Adjourn:

Motion was made by Councilwoman Chantelle Browning to adjourn, second by Councilman Richard Hirschi.  Browning-yes, Hirschi-yes, Hooten-yes, Reeve-yes.  Motion carried unanimously at 7:00pm.


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

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