La Verkin City Council Meeting Minutes
Wednesday, July 1, 2015 6:00 p.m.
Council Chambers, 111 S. Main, LaVerkin, Utah
Present: Mayor Kerry Gubler; Council-Members: Richard Hirschi, Ray Justice, Ken Hooten, Randy Reeve, and Chantelle Browning; Staff: Kyle Gubler, Derek Imlay, Troylinn Benson, Kevin Bennett, Chief Ben Lee, and Christy Ballard; Public: John Valenti, Blair Gubler, Mike Chandler, and Kimberly Snow.
A. Called to Order – Invocation and the Pledge of Allegiance was given by Mayor Kerry Gubler 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
4. Review Invoices and Checks: $205,814.74
Motion was made by Councilman Ray Justice to approve the consent agenda as written including the checks and invoices in the amount of $205,814.74 second by Councilman Richard Hirschi. Roll Call Vote: Reeve-yes, Hooten-yes, Justice-yes, Hirschi-yes, Browning-yes. Motion carried unanimously.
C. Committee Reports:
1. Planning Commission-Councilman Hirschi reported the Planning Commission had a special meeting to set a public hearing for a requested zone change to the property directly east of 180 W. That public hearing will be July 8.
2. Community Garden-Councilman Hirschi reported the garden is doing well for how hot it is.
3. Water Board-Kyle reported the Water Board is looking into possibly raising the rates for the secondary water system. They may have a recommendation ready for the Council in November.
4. Sewer Board- Blair reported there was not a meeting this month; the District did have their audit so he will report on that next month. They are also on their third cutting of hay. The bid for replacing lines on the east side of Hurricane went out today. There is another project they would like to do on the east side of Hurricane, but could not get everything ready to bid in time so it will be done later in the year. The District is re-doing all of the old clay lines in Hurricane, they have one more major project and a few small lines throughout the City and that will be complete.
Mike Chandler introduced himself. He is the new superintendent of Ash Creek Sewer District.
5. Fire District-Chief Kuhlmann reported there are several fires burning around us but we are doing okay. Our wildfires have been minimal so far this year, but even with that, the Fire District is still 5% over last year. There have been several fires in La Verkin the last few days but fortunately they have been small and response time has been quick.
Leeds Area Fire District has passed a resolution asking the County to realign their boundaries to be included in Hurricane Valley Fire Districts service area. The County will hold a public hearing in August to discuss the issue.
Chief feels it will be a good partnership.
The District is still working with Washington City on a station in the Coral Canyon area.
The architect has started the process for the La Verkin fire station remodel.
The new ladder truck for the station is included in the proposed 2016 budget, but has not been approved yet.
D. Citizen Comment & Request for Future Agenda Items:
No comments were made.
1. Discussion and possible action to approve Resolution No. R-2015-13; a resolution approving the Cooperative Agreement with Toquerville to provide limited impound and sheltering (dog) services.
Kyle reported Toquerville agreed to everything La Verkin requested.
Councilman Hirschi is in favor of the Agreement; his only concern would be the amount of time our animal control officer will be in Toquerville.
Chief Lee explained the County does not have animal control and Hurricane has not assisted Toquerville in the past so this is more of a proactive approach since La Verkin deals with their animals when they cross over the boundary lines. He feels this agreement is a good thing for both communities.
Chief is hoping to increase the animal control position to full time with the extra income.
Councilman Justice asked if this agreement would increase our expenses above what we are paying.
Chief replied with this proposal he doesn’t think so but it is hard to tell since it hasn’t been done before. The agreement is written that it is a trial bases.
The fees collected for impound, owner surrender etc. will be kept in La Verkin. There will not be any proactive enforcement in Toquerville, the animal control officer will only respond when contacted by a police officer.
Motion was made by Councilman Ray Justice to approve Resolution No. R-2015-13, a resolution approving the Cooperative Agreement with Toquerville to provide limited impound and sheltering dog services, second by Councilman Randy Reeve. Browning-yes, Hirschi-yes, Justice-yes, Hooten-yes, Reeve-yes. Motion carried unanimously.
2. Discussion and possible action to approve Ordinance No. 2015-03; an ordinance updating La Verkin City criminal law procedure 2015.
Kyle explained this is an annual business item, it is updating our Code to be current with the State’s.
Motion was made by Councilman Ken Hooten to approve Ordinance No. 2015-03, an ordinance updating La Verkin City criminal law procedure 2015, second by Councilman Ray Justice. Roll Call Vote: Reeve-yes, Hooten-yes, Justice-yes, Hirschi-yes, Browning-yes. Motion carried unanimously.
3. Discussion and possible action to approve Ordinance No. 2015-04; an ordinance amending Title 10 of The La Verkin City Code, relative to Bed and Breakfast and Vacation Rental Facilities within the City of La Verkin, and making and/or confirming them as Permitted Uses in Certain Commercial and Residential Zones within the City.
Kevin explained this will permit vacation rentals to operate within the City and both vacation rentals and bed and breakfast facilities to be in any zone except for Multiple Family (R-3-6).
The ordinances need to be passed together so the businesses can be regulated once they are permitted.
There is one additional regulation that deals with parking and the one meal only has been taken out of BnB requirements.
Motion was made by Councilman Richard Hirschi to approve Ordinance No. 2015-04, an ordinance amending Title 10 of the La Verkin City Code, relative to Bed and Breakfast and Vacation Rental Facilities within the City of La Verkin, and making and/or conforming them as Permitted Uses in certain Commercial and Residential Zones within the City, second by Councilman Randy Reeve.
Kevin requested the ordinance be approved on the condition that Ordinance No. 2015-05 is passed so the businesses can be regulated once they are permitted.
Motion was made by Councilman Richard Hirschi to approve Ordinance No. 2015-04, an ordinance amending Title 10 of the La Verkin City Code, relative to Bed and Breakfast and Vacation Rental Facilities within the City of La Verkin, and making and/or conforming them as Permitted Uses in certain Commercial and Residential Zones within the City, condition upon approval of Ordinance 2015-05, second by Councilman Randy Reeve. Roll Call Vote: Reeve-yes, Hooten-yes, Justice-yes, Hirschi-yes, Browning-yes. Motion carried unanimously.
4. Discussion and possible action to approve Ordinance No. 2015-05; An ordinance amending Chapter 11 of Title 3 of The La Verkin City Code, providing for the regulation of Operations, Maintenance, Cleanliness, Safety, and Sanitary Conditions in Bed and Breakfast and Vacation Rental Facilities within the City of La Verkin.
Councilwoman Browning commented that during the last meeting it was discussed and decided that City Officials should not be allowed to demand information about patrons staying at the facility. The ordinance should read that police should have probable cause to gain that information; she wondered where that was stated.
Kevin replied probable cause was not said. Many of the issues were already taken care of in Chapter 11 of our current Code and by State and Federal Laws. He removed that item and made it consistent with our hotel requirement, which is, authorized personnel who are authorized by law are allowed access.
The issue was by demand without the consent of the owner of the facility and that has been removed.
Councilwoman Browning referred to page 5, letter J section 2, she feels in (b) “City personnel as needed;” as needed is a pretty liberal term as far as the interpretation of it.
Kevin explained that in this case “as needed” means if City personnel need the information the property owner would get that to them, there is no time limitation connected to the word as.
Councilwoman Browning would like to change that wording; she feels it is open to interpretation.
Councilman Reeve agreed that City personnel should not be allowed to request that information, only the police department should be allowed to request it and they need to have a reason.
Kevin will change Letter J, section 2 (b) to read “police and/or emergency personnel”
Motion was made by Councilman Ken Hooten to approve Ordinance No. 2015-05, an ordinance amending Chapter 11 of Title 3 of the La Verkin City Code, providing for the regulation of Operations, Maintenance, Cleanliness, Safety, and Sanitary Conditions in Bed and Breakfast and Vacation Rental Facilities within the City of La Verkin with the change to Section J paragraph 2b so it reads “be able to provide information on current occupants to police and/or emergency personnel as needed”, second by Councilman Ray Justice. Browning-yes, Hirschi-yes, Justice-yes, Hooten-yes, Reeve-yes. Motion carried unanimously.
F. Staff, Mayor & Council Reports:
City Administrator- Kyle Gubler
Kyle emailed his report to the Councilmembers.
The 4th of July parade starts at 8:30am with the line up at 8:00am the Councilmembers do have a float.
Kyle went over the itinerary for the program.
He doesn’t have information on the July 24th celebration other than there will be a float for the Councilmembers.
The Stage Coach Grill is trying to open July 21.
Kyle sent out the Capital Improvements List. Items 1 and 2 will be completed when the new subdivision starts. This list can be changed as the Council sees fit.
The UDOT Traffic Estimates letter is a letter Kyle sends to prospective businesses when they ask about the amount the traffic flow on SR9 & SR17.
Any Councilmember interested in attending the League of Cities and Towns let Kyle know. This was budgeted for one Councilmember along with the Mayor, a member from the Planning Commission and two staff members to attend.
Don Squires’ family donated a pulpit back to La Verkin City; they claim it is an original pulpit from this church house.
Public Safety- Chief Ben Lee
As of July 1, the Department has received almost 1,000 calls for 2015. Statistically speaking they handle more calls per officer than any other city in the County.
There have been multiple felony arrests this past week, many of them drug related.
Officer Wolsleger responded to a family fight, along with the Sheriff’s office. The female arrested was charged with domestic violence, aggravated assault and assault of a police officer.
He appreciates his Officers and the Councilmembers support.
Councilman Reeve mentioned Officer Bulkley responded very quickly to a minor accident he was behind on State Street. He thanked the Police Department for being so efficient.
Director of Operations-Derek Imlay
The Irrigation report was passed out. This information is as of June 30. The numbers are lower than in the past.
He read the schedule for the State Street Project. The entire project should be complete by the middle of August. The east side will not have any additional excavation done to it to get the project back on schedule. The corner of 100 South and SR9 may not be completed at the same time, the City is making them put in a drop box for the south side of the street to get the water to the box already installed on the north side. This will not be an additional cost to the City.
Doug Gubler is doing really well and will be back in about 8-10 weeks. The crew has really stepped up to cover.
Sunset View Estates has had the road base removed to expose all of the valves. The culinary lines have had chlorine setting in them for seven years and the valve company is not sure what that would do to the valves and gaskets so they are sending a representative to take them apart and check them.
Derek passed out a copy of the four stages of water conservation. The City may need to look at going into a stage of water conservation. The Water Board will make the recommendation before it comes to the City Council. Staff is still trying to educate the public by sending letters and posting door hangers when they see people watering outside the recommended watering time.
The recommended watering times were listed on the utility bill that was sent out today.
She has been closing out the fiscal year and getting ready for the new one.
Mayor Gubler-Reminded the Councilmembers to think about the proposed recycling program. He feels La Verkin should opt out completely because they are re-doing the contract in 4-5 years.
If the City goes over their set use of secondary water, we will be billed for it. We are in a good position for water rights but we still need to be careful with our usage. If anyone sees people watering outside the recommended time of 6pm-10am, please help educate them.
Browning-Mosquito abatement reported the amount of mosquitos being trapped is raising, which is normal for this time of year. They have been sending out fogging trucks in the evening to try to stay ahead of the amount of adult mosquitos. They have not found any West Nile Virus so far.
Sean has been conducting a study on the West Nile Virus. He is trying to see if the temperature correlates with the incubation period. She will report on that study when it has been completed.
She suggested the Council should look at a new overtime policy, instead of comping the time, pay them. Derek’s crew is so small and there is so much going on in the City when one of them is gone it puts a lot of pressure on Derek and the remaining crew.
Kyle mentioned this year’s budget has included some overtime pay for people that work the festivals or holidays.
Hirschi-Nothing to report.
Justice-He will be out of town for the next Council meeting. Southern Utah Shooting Sports Park did meet but he has nothing to report.
Hooten- Nothing to report.
Reeve-The County should have sent all of the Councilmembers an email explaining the different options for the recycling program. He is in favor of the opt out program, giving each individual person the opportunity to choose.
Motion was made by Councilman Ray Justice to adjourn, second by Councilwoman Chantelle Browning. Browning-yes, Hirschi-yes, Justice-yes, Hooten-yes, Reeve-yes. Motion carried unanimously at 6:59pm.
Minutes were taken on behalf of the City Recorder by Christy Ballard.