La Verkin City Council Meeting Minutes

Wednesday, February 15, 2017 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

 

Present:  Mayor Kerry Gubler, Council Members:  Richard Hirschi, Ken Hooten and Chantelle Browning; Staff: Derek Imlay, Troylinn Benson, Kevin Bennett, Chief Ben Lee, and Christy Ballard; Public: Deborah & Shirl Morrill, Ray Justice, Patty Wise, Humberto Alba, Roy & Karen Miller, Dave & Colleen Wilburn, LT. David Crouse, Amber Crouse, Patti Dekker, Hal & Cecilia Simmons, Jeannie Willard, David Whitehead, Larry Pugh, Nicole Shaw, Carole Little, and Chief Tom Kuhlmann.

 

Councilmembers Randy Reeve and Micah Gubler have been excused.  Kyle Gubler has also been excused.  

 

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

                

B.        Presentation:

1.       Patty Wise-Zion View Estates

Patty passed out a copy of her presentation to the Councilmembers.  She lives in Zion View Estates.  This week several Zion View Estates residents met to discuss their concerns and questions about the proposed RV Resort Ordinance.  They have reviewed the ordinance and applicable codes to the best of their ability and still have some concerns.  Patty then listed those concerns.   See Exhibit A. 

2.       Tiffany Mower-Victim Service Coordinator

Tiffany was unable to make this meeting, she will present at the next City Council meeting.

 

Chief Ben Lee explained that the police department is experiencing some growth and they need additional resources so a sergeant position was created.  Officer Amber Crouse applied for that position and met all the requirements. 

 

Chief Lee swore in Sergeant Amber Crouse. 

 

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.       Review Invoices and Checks:  $35,300.60

 

Motion was made by Councilman Ken Hooten to approve the consent agenda as written, including checks and invoices for $35,300.60, second by Councilman Richard Hirschi.  Roll Call Vote:  Browning-yes, Hirschi-yes, Hooten-yes.  Motion carried unanimously.

 

D.      Committee Reports:  

1.      Planning Commission-Councilman Hirschi reported the Planning Commission recommended approval of the ordinance allowing RV Resorts and small transient living quarters in the Tourist/Resort Commercial Zone.  They are also discussing a zone change from General Commercial to Residential per property owners request.  The Commissioners also recommended approval of the Affordable Housing Plan.        

2.      Water Board- Mayor Gubler reported there will be a meeting on February 22nd.  He asked Derek to briefly explain why the water pressure in Zion View Estates has been low. 

Derek explained that the Water Conservancy District has taken the upper tank off line due to the expansion of Main Street.  It should be off line for 2-3 more weeks.  The City has tried to maintain 75 pounds of pressure but the higher end of Zion View Estates may not be getting that much.     

3.      Sewer Board-There has not been a meeting. 

4.      Fire District-Chief Tom Kuhlmann passed out the plans for the La Verkin Fire House expansion.  If there are no changes from the City the project should be ready to go out to bid in a few weeks. 

The ladder truck inspection is mid-March to mid-April.  The truck should be here 2-3 weeks after approval. 

              

E.      Citizen Comment & Request for Future Agenda Items:

Patty Wise-She would like more public disclosure about things that are happening in the City and suggested they be posted on the website.  She has been trying to find out things that are happening in the City and it has been very frustrating. 

 

Humberto Alba­-Lives at 180 E 615 N and is affected by the water pressure.  If the water pressure does go up when they open the upper tank will it cause the old valves to blow up?  Yes, the subdivision needs the added water pressure but don’t let the pressure get too much so they have flooding problems.  

   

F.      Business:

1.       Discussion and possible action to approve Proclamation 2017-01; A proclamation designating April 28, 2017 as Arbor Day for the City of La Verkin.  

Mayor Gubler explained this proclamation needs to be done each year to qualify for the Arbor Day grant.

 

Councilman Hooten explained this is one of the requirements to be designated as Tree City USA and has been done every year that he has been on the Council.  The Fourth-Grade Foresters from La Verkin Elementary enjoy planting a tree.  He is in favor of the proclamation.

 

Motion was made by Councilman Richard Hirschi to approve Proclamation 2017-01, a proclamation designating April 28, 2017 as Arbor Day for the City of La Verkin, second by Councilman Ken Hooten.  Browning-yes, Hirschi-yes, Hooten-yes.  Motion carried.      

 

2.      Discussion and possible action to approve Proclamation 2017-02; A proclamation combining Founders Day with Pioneer Day.

Councilman Hirschi explained this item was discussed at the last meeting.  The Councilmembers were all in favor of it.

 

Councilwoman Browning said she would like to reiterate that, as discussed at the last meeting, no City man hours will go into the celebration. 

 

Councilman Hooten stated he struggled with this item because the Founders Days the City has had have been so successful.  It is important to learn about the history and the descendants of the people that founded this community.  He is concerned with combining the two holidays that Founders Day will disappear. 

He is in favor of combining them for the reasons previously mentioned but cautioned that we don’t let Founders Day disappear.  There still needs to be a person in the community from a founding family that is honored.  He would like the City to work with the LDS Church’s committee to make sure there is still a significant Founders Day Celebration.  

 

Motion was made by Councilman Ken Hooten to approve Proclamation 2017-02, a proclamation combining Founders Day with Pioneer Day, second by Councilman Richard Hirschi.  Browning-yes, Hirschi-yes, Hooten-yes.  Motion carried unanimously.

 

3.      Discussion and possible action to approve Resolution No. 2017-01; a resolution approving the designation of two representatives to serve on the Administrative Control Board of the Ash Creek Special Service District for calendar year 2017 and for such time thereafter until successors thereof have been designated and appointed.

Councilwoman Browning explained this item was tabled at the last meeting because she has been on a specific committee for 3 years and would like more exposure for the Councilmembers to the different committees.  She feels this would give them a more well-rounded view and help them make better decisions for the community.  She mentioned it is unfortunate not all members are here to discuss this and voice their opinions.  

 

Mayor Gubler explained Councilman Hooten has been on the Sewer Board for less than a year and is the Chairman.  Councilman Hirschi has been on the Fire District Board for less than a year, which is part of the reason he did not make the change.  He is unsure how long Councilman Reeve has been on the Solid Waste Board.

 

Councilwoman Browning would like to be on the Sewer Board, the Fire Board, or the Water Board.  At the last meeting, she had asked if any of the other Councilmembers felt the same and would be interested in trading with her.  That discussion will be difficult with the missing members.                   

 

Motion was made by Councilman Richard Hirschi to approve Resolution No. 2017-01, a resolution approving the designation of two representatives to serve on the Administrative Control Board of the Ash Creek Special Service District for calendar year 2017 and for such time thereafter until successors thereof have been designated and appointed, second by Councilman Ken Hooten.  Hooten-yes, Browning-no, Hirschi-yes. 

 

4.      Discussion and possible action to approve Resolution No. 2017-02; a resolution approving the designation of a representative to serve on the Board of the Hurricane Valley Fire District for calendar year 2017 and for such time thereafter until successors thereof have been designated and appointed.

Councilwoman Browning asked the Councilmembers how much money they make from the Boards they set on.

 

Mayor Gubler replied the Fire District pays $50 a month, the Sewer Board pays $200, and he did not know how much the Solid Waste District pays but they do pay.       

 

Councilwoman Browning said she asked for the change two months ago, the Mayor told her the other Councilmembers may not want to switch because they are being compensated.  She feels that is not the reason someone should be on a committee, they should be on a committee to help their community.   It bothers her that is a factor of why people are on certain committees.  

 

Mayor Gubler replied he said that as a reason they may not want to change.  He didn’t make the change because he feels everyone is doing a good job with the committee they are in.

 

 Kevin stated the last motion made did fail and that will cause a ripple effect on the remaining resolutions designating representatives to the respective Boards. 

Per City Ordinance and State Law, there must be a minimum of three yay votes for a motion to pass, not a majority of who is present.

 

Councilman Hooten asked Kevin what law states there must be a minimum three positive votes to pass.  And stated it is his understanding that if there is a quorum and that quorum has a majority vote, it passes. 

 

Kevin explained the law states there must be a quorum to conduct any business and nothing passes unless there are at least three affirmative votes.

 

Business item 3, 4, 5 and 6 will be tabled until the next City Council meeting.

7.         Discussion and possible action to approve Resolution No. 2017-05; A resolution adopting the Five County Natural Hazards Mitigation Plan.

Motion was made by Councilman Ken Hooten to approve Resolution No. 2017-05, a resolution

adopting the Five County Natural Hazards Mitigation Plan, second by Councilman Richard

Hirschi.  Browning-yes, Hirschi-yes, Hooten-yes. 

 

8.         Discussion and possible action to approve Ordinance No. 2017-02; An ordinance amending the La Verkin City Code to provide for recreational vehicle resorts and small transient living quarters, as permitted uses in the Tourist/Resort Commercial Zone, subject to certain limitations and restrictions, and providing for their licensing and regulation. 

Councilwoman Browning mentioned she has thought a lot about this item but decided she is in favor of

passing it because it is not approving a particular resort but a zoning change.  If an RV resort application

were to come in she would look long and hard at that because of our history with trailer resorts. 

 

Motion was made by Councilman Richard Hirschi to approve Ordinance No. 2017-02, an

ordinance amending the La Verkin City Code to provide for recreational vehicle resorts and small

transient living quarters, as permitted uses in the Tourist/Resort Commercial Zone, subject to

 certain limitations and restrictions and providing for their licensing and regulation, second by

 Councilwoman Chantelle Browning.  Browning-yes, Hirschi-yes, Hooten-yes.  Motion carried.     

 

G.     Mayor & Council Reports:   

Public Safety-Chief Ben Lee

Chief emailed his report to the Councilmembers.  He now receives a daily report of all the calls that come into the police department and included that in his email.  He wondered if the Councilmembers would like to receive it daily, weekly or with his City Council report.

 

Councilman Hooten would like Chief Lee to continue emailing his written report with highlights from the calls for City Council.

 

Director of Operations-Derek Imlay

Derek emailed his report to the Councilmembers.

 

Councilman Hirschi commented on the good job the crack seal machine does.  He noticed it out all week. 

 

Treasurer-Troylinn Benson

Financials will be emailed out when the bank reconciliation has been completed. 

      

Browning-During the Mosquito Abatement meeting the Director gave a State of the District report.  Councilwoman Browning gave a brief report on the highlights of that report.  The District has done well with their budget so they were able to get ahead on building payments and have been able to purchase a lot of equipment. 

The District purchased a new, more effective larvicide product.  This allows the District to fog for mosquitos while the mosquitos are young which helps save other insects such as bees.

There is a new lab supervisor and office assistant. 

The District is also considering testing for a virus that was found in mosquitos in Las Vegas.

They have also improved the look of their website and suggested linking it to the City’s website.           

 

Hirschi- The Fire District has hired 12 new full time firefighters.  Two full time firefighters will be housed in our fire station once the remodel has been completed.      

 

Hooten-Thanked the citizens for sharing their concerns.  The Councilmembers represent the citizens and it is very helpful when concerns are voiced. 

He thanked Patti Dekker for her service.  He is very impressed with the animal shelter. 

The Sewer District has been working in Confluence Park installing water to the area and preparing for their new processing plant. 

He sets on the Advisory Board for Confluence Park.  It is a community park but is controlled by the County and the Administrative Control Board.  There is a Master Plan for the Park but the Board would like input from the citizens.  

 

H.  Adjourn:

Motion was made by Councilman Richard Hirschi to adjourn, second by Councilman Ken Hooten.  Hirschi-yes, Browning-yes, Hooten-yes.  Motion carried unanimously at 6:49pm.

 

 

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

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