La Verkin City Council Meeting Minutes
Wednesday, June 7, 2017 6:00 p.m.
Council Chambers, 111 S. Main, LaVerkin, Utah
Present: Mayor Ken Hooten, Council Members: Chantelle Browning, Richard Hirschi, Micah Gubler and Randy Reeve; Staff: Kyle Gubler, Kevin Bennett, Derek Imlay, Chief Ben Lee, Troylinn Benson and Christy Ballard; Public: Julie Crandall, Ray Justice, Katie Basitan, Christy Webb, Jolean Ballard, Jerilyn Churchill, Jimmy Duffey, Zoe Thompson, Jayce Webb, Joseph Webb, Phyliss Terrana, Mike Chandler, Chief Tom Kuhlmann, and Patty Wise.
B. Called to Order – Invocation and the Pledge of Allegiance were given by Micah Gubler at 6:00pm.
Mayor Hooten explained there was a work meeting at 5:30 and the public is invited to those.
1. Jenica Juluson-Sports Director
Jenica was unable to attend the meeting.
D. Council Vacancy:
Kyle Gubler explained the process for filling the vacancy. Each candidate had 3 minutes for remarks.
Drawing names chose the order of candidate remarks.
Jimmy Duffey-Explained he has been a resident of La Verkin City for almost 4 years. He is married and has six children and is currently employed by Cedar City Utah as a police vehicle mechanic.
He is running for the vacancy because he has enjoyed living here and does care about La Verkin City. He feels the City is headed in the right direction and enjoys seeing new businesses come into town. He would like to see the City continue in that direction so our children can stay in La Verkin, his older children have had to leave to find jobs.
He is in favor of good growth and good affordable housing which is why he decided to run for city council.
He is originally from Salt Lake City and one thing he enjoys about La Verkin is the quiet and safety we have, thanks to our local law enforcement.
Law enforcement is something he feels very strongly about, working with the police in Cedar City. He knows how hard the job is and how much work it takes.
He feels he would bring a good perspective having worked for the State at different local levels for the last 16 years. He understands that as a citizen we want certain things done with our tax dollars but he also understands the other side of it, being an employee for a city, that those funds are very limited. It can be very delicate distributing tax payor dollars when everybody wants something different done with their money.
These are some of the reasons he would like to participate on the city council and hopes he is able to contribute.
Patty Wise-She was born in Moscow, Idaho. Her father was an engineer so she lived in multiple states growing up. They moved to Salt Lake City where she met her husband and raised their family. She moved to California and lived there for many years and often vacationed in southern Utah. Their heart is in the red rock of southern Utah, they have been very happy and love living here. She is very interested in the environment of where she lives which is why she began attending the city council and planning commission meetings. She really wants to be part of something that is good.
Patty retired from sales and management. She worked in several different industries and whether it was people or product, she found herself the consensus builder. Whether it was fellow employees, management, or a client she always tried to figure out what the driving force was behind people and what their issues were. That is how you build a good team and/or product.
While she was not always agreed with, the items she was able to assist in implementing had a good track record of turning out very well. She feels confident in her business abilities in that regard even though she does not have experience in government.
Since moving to La Verkin she has attended the city council meetings and several planning commission meetings. She is very pleased with what she has seen. She always had a lot of questions and likes to know why and how things happen whether it be infrastructure, taxes, or growth of the city.
Steve Leavenworth-He is married to Sabrina and they have three children. They have lived in La Verkin for 13 years and have loved every minute of it. He is the principal of La Verkin Elementary School and loves being part of this community and all the great activities that are here. He is grateful for the direction the City is moving. Growth has come and he feels we are heading in the right direction. Decisions have been made for the best. People are trying to protect the small town feel and protect family values, which is huge in this day and age. He has a personal investment with the children in La Verkin. There are 450 children he knows will be future citizens and he would like to leave a legacy to them as well as to our community. He would like to help the City continue to move in the direction of protecting family values and to try and help families stay in La Verkin. Recently there has been a lot of families leave our community and that breaks his heart. La Verkin is a great place, the grass is not greener elsewhere.
He would like to be part of something great like this and would like to help in any way he possibly could.
Kyle explained the four members of the Council will vote with the Mayors vote being counted only if there is a tie.
Christy will verify the votes with Kyle.
With a vote count of 3-2 Steve Leavenworth was elected the new Councilmember.
3. Swearing In
Steve Leavenworth was sworn in by Kyle Gubler.
1. Election of Mayor Pro Tem
Motion was made by Councilman Richard Hirschi to nominate Randy Reeve as Mayor Pro Tem, second by Councilman Micah Gubler.
F. 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
3. Review Invoices and Checks: $392,642.12
Motion was made by Councilman Richard Hirschi to approve the consent agenda as written and checks and invoices for $392,642.12, second by Councilman Randy Reeve. Roll Call Vote: Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve -yes. Motion carried unanimously.
G. Committee Reports:
1. Planning Commission-They did discuss and will continue the discussion at the next meeting on regulating vacation rentals.
2. Community Garden-Nothing to report.
3. Water Board- No meeting.
4. Sewer Board- Mike Chandler reported Ash Creek Special Service District continues to receive a significant amount of pressure from both within the district as well as interest from the municipalities and private developers outside the District. The biggest pressure right now comes from Hurricane and the recent annexation of 2500 acres on the south end bench for a development called Copper Rock as well as some Spillsbury property that runs along Sand Hollow Road. The Copper Rock project is set to produce 2200 homes and the Spillsbury project will be more than that. It is a significant addition Ash Creek SSD’s service area.
Lighthouse Salad Dressing will be expanding their Hurricane facility. They are the largest industrial discharger for Ash Creek SSD. The expansion will triple the size of the facility which will present challenges for Ash Creek SSD. They will be working with Lighthouse staff as the project moves forward.
Several surrounding communities have approached Ash Creek SSD about acquiring services. The District has an interlocal agreement with a property owner on the south end of Leeds, just outside their incorporated boundaries, who is creating a vacation rental RV pad like the Harrisburg Development. This project will pump over the hill to Ash Creek SSD’s Harrisburg pump station.
Mike met with a Planning Commissioner from Virgin to discuss the limitations the town has with their septic tank system regarding hotels and larger developments.
The Confluence Park Facility continues to move forward. The preliminary plan phase of the project should begin later in the year.
The Department of Justice did not impose any new requirements on the public works facility for Colorado City and Hildale so those communities will not need assistance from Ash Creek SSD.
Ash Creek SSD has been trying to consolidate enough environmental buffer and property around it to maintain the farming operation and to have an odor buffer around the lagoons. The District has purchased a 40-acre pecan orchard which they will continue to run as a pecan orchard for the time being.
5. Fire District-Chief Tom Kuhlmann reported the growth Mike discussed also impacts the Fire District.
He will meet with two contractors to try and negotiate a lower cost for the La Verkin fire station remodel. The apparatus that will be housed in the station will be ready in two weeks.
The Coral Canyon station should be completed in July.
Mayor Hooten thanked the fire department for their help with Water Days.
H. Citizen Comment & Request for Future Agenda Items:
Phyllis Terrana-She has lived in La Verkin 27 years. She does not know how to feel safe here in La Verkin. She feels she cannot request help if she feels unsafe. She can’t go to the police if she feels like she is in danger. She can’t tell people to not come on her property even though she has been told that is her right. People from the City should not come on someone’s property if they are asked not to. If they are told specifically to not come but come anyway, what are her rights? If she goes to the police she gets a ticket for disturbing the peace.
If she has boulders falling 30 feet from her back door from a development behind her, who does she go to?
Phyllis passed around a picture.
She went to the City and was scared. She was told she did something inappropriate and all she wanted was help. She went back the next day because everyone had been gone the day before and there was still no one to hear her concerns. The development has not been working on her side since September but they will be back. She has no protection. They have pushed right up against the wall they took six feet from her to create. She paid good money for that property.
Derek went to her house even after being asked not to. He did not write a report or write down any of the concerns she had to submit them to the Council. Instead she received a disturbing the peace ticket for being scared. Now she must go to court for being scared. She would like to know where she needs to go in La Verkin to feel safe.
Mayor Hooten stated he could see she was very frustrated and will look into her concerns. If she would like to make an appointment, he would be happy to meet with her.
I. Public Hearing:
1. Mutual boundary adjustment of La Verkin City and Toquerville City.
Kevin explained the location of the property. Bringhurst Lane is a private road and this property fronts that road. The property goes up the side of very steep terrane to the road on top which is in Toquerville. The portion of the property in La Verkin is too steep to do anything with but the topside does have frontage on the road in Toquerville so Mr. Bringhurst had requested the property moved into Toquerville so he could develop the topside.
The resolution indicating the intent was adopted in April, this is the public hearing which is required before the process can move forward.
The public hearing opened at 6:38pm
No comments were made.
The public hearing closed at 6:38pm
2. FY 2016-2017 Budget Amendment.
Kyle explained the fiscal year ends June 30th and that revenues had come in higher than anticipated.
He read over the changes staff is requesting.
The biggest expense is the engineering for the Sunset View Estates project. Sunrise Engineering has done work for the City for this development and therefore needs to be paid. The City will receive that money back from the developer once they are ready to begin which is soon but probably not before July 1.
The attorney expense for protecting our water rights was included in the amendment and so was the new phone system that was needed.
The budget is still very conservative.
The public hearing opened at 6:42pm.
No comments were made.
The public hearing closed at 6:43pm.
3. CIB loan grant application for a Transportation Master Plan and to update La Verkin City’s General Plan.
Kyle explained June 1, 2017 an application was submitted to the Community Impact Board (CIB) contingent upon the City receiving money from DTAC. Staff would like to establish a Transportation Master Plan for La Verkin as well as update the current General Plan. It would cost about $100,000. The application submitted to the CIB was for $50,000. Today DTAC approved La Verkin City to receive $50,000, so the update and Transportation Plan should cost the City almost nothing.
Kyle is confident the CIB application will be approved with the DTAC money as a match.
The public hearing is a CIB requirement.
The public hearing opened at 6:46pm.
No comments were made.
The public hearing closed at 6:46pm.
1. Discussion and possible action to approve the proposed Bringhurst boundary line adjustment ordinance and associated boundary line adjustment plat.
Motion was made by Councilman Richard Hirschi to approve the proposed Bringhurst boundary line adjustment ordinance and associated boundary line adjustment plat, second by Councilman Randy Reeve. Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes. Motion carried unanimously.
2. Discussion and possible action to approve Resolution No. 2017-09; A resolution opening and amending the Fiscal Year 2016-2017 budget.
Councilman Reeve asked if staff ordered any crack seal material in the current FY budget.
Kyle replied yes, which will help with next year’s road budget.
Councilmember Browning mentioned the $500 amount under Youth City Council. There has not been a YCC this year.
Kyle responded that he was not sure if the director had any plans for the program and didn’t want to leave them with no budget.
Motion was made by Councilman Randy Reeve approve Resolution No. 2017-09; A resolution opening and amending the Fiscal Year 2016-2017 budget, second by Councilman Micah Gubler. Roll Call Vote: Reeve-yes, Gubler-yes, Leavenworth-yes, Hirschi-yes, Browning-yes. Motion carried.
3. Discussion regarding the La Verkin City Community Theater.
Kyle explained the La Verkin Community Theater is a city entity that has provided a great service to the community.
It had been brought to his attention the Theater had completed paperwork to become a 501c3 non-profit entity. This removes the La Verkin City Community Theater from being a city sponsored program which creates some issues.
In the past, there have been several non-profit entities want to use the City facilities for little or no cost and for long periods of time. Those organizations were told no because it would interfere with the ability of renting out the building which is a revenue for the City. Now that the Theater is a non-profit organization we can’t tell one no and another yes.
The Theater also has items stored downstairs which will need to be taken care of as well.
Kyle and Troylinn will be meeting with them to discuss these issues.
There have also been some concerns with the theater not following the proper procedure when purchasing items and collecting money as well as utilities being left on.
Kevin said legally and otherwise it is a major concern. A lot of times an organization wants to have control of their own money and make their own choices but at the same time have the blessing of the city and use city facilities. They cannot have both, they are either a city entity or they are not. Being a city entity requires following state mandated rules regarding funding.
Cities cannot give special treatment to 501c3’s without following a provision set by the State of Utah, which is difficult to do.
Mayor Hooten asked Christy Webb, the director of the theater, if they were now a 501c3 organization and she replied they were.
The next step would be to have the meeting with Kyle and Troylinn and move forward from there in determining legally how to handle the situation.
He thanked the theater members for attending the meeting.
4. Discussion and possible action to approve Resolution No. 2017-10; A resolution restricting the use of fireworks within the City of La Verkin.
Councilman Reeve asked Chief Kuhlmann’s opinion on the fire conditions.
Chief Kuhlmann reported the fire conditions are high. There were four fires in a row last week.
These restrictions help keep people safe. Fireworks go higher than they have before which creates a further circle of impact.
Kevin reported Zion National Park is already under fire restriction. This is the earliest he has ever seen that happen.
Councilman Reeve mentioned the City has restricted fireworks to the parks only and wondered if that affected the number of fires.
Chief Kuhlmann answered the moisture has gone and the temperatures are high, it’s as serious this year as it has been in the last several years.
Kevin said the year it was restricted to just the park was not good. First, not everyone followed that rule and second it was like a war zone with most of the citizens lighting fireworks off at the same location. It was very scary.
Councilwoman Browning agreed with Kevin. It was a very dangerous situation. She mentioned she does not know how to balance that with the fire danger.
Chief Lee stated the reality of enforcing park only restrictions is not feasible for the department.
Kevin pointed out New Year’s Eve falls on a Sunday in 2017 so the City can decide if they would like to celebrate it on Saturday or leave it on Sunday.
The Council will need to decide if they would like to restrict fireworks and whether they keep the celebration on Sunday.
Motion was made by Councilman Richard Hirschi to approve Resolution No. 2017-10; A resolution restricting the use of fireworks within the City of La Verkin and declare the New Year’s Eve celebration to begin on Saturday, December 30, 2017, second by Councilman Micah Gubler. Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes. Motion carried unanimously.
5. Discussion and possible action to ratify the 300 West Road Improvement Project construction contract with Interstate Rock and notice to proceed on said project.
Motion was made by Councilman Micah Gubler to ratify the 300 West Road Improvement Project construction contract with Interstate Rock and notice to proceed on said project, second by Councilwoman Chantelle Browning. Roll Call Vote: Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes. Motion carried unanimously.
6. Discussion and possible action to approve Ordinance No. 2017-06; An ordinance updating La Verkin City criminal law procedure 2017.
Mayor Hooten explained this item is an annual business item.
Motion was made by Councilman Richard Hirschi to approve Ordinance No. 2017-06; An ordinance updating
La Verkin City criminal law procedure 2017, second by Councilman Steve Leavenworth. Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes. Motion carried unanimously.
7. Discussion and possible action to approve the lease and the associated Master Leasing Agreements, as revised, and authorize the signature of the Mayor or designee, of a police vehicle and an operations/public works vehicle.
Kevin explained the last page was modified to allow the contract to work for other vehicles if the price does not increase.
Motion was made by Councilman Richard Hirschi to approve the lease and the associated Master Leasing Agreements, as revised, and authorize the signature of the Mayor or designee, of a police vehicle and an operations/public works vehicle, second by Councilman Micah Gubler. Roll Call Vote: Reeve-yes, Gubler-yes, Leavenworth-yes, Hirschi-yes, Browning-yes. Motion carried unanimously.
8. Discussion and possible action to approve a Memorandum of Understanding (MOU) with the U.S. Immigration and Customs Enforcement agency for certain Overtime Reimbursement incurred by La Verkin City Police Department personnel, and authorization for Chief Lee to execute said MOU.
Chief Lee explained the La Verkin Police Department was invited to participate in an operation headed by Homeland Security. The Department was able to assist in making several arrests. Homeland Security has funds available to pay for any overtime our officers incurred.
Motion was made by Councilman Micah Gubler to approve a Memorandum of Understanding (MOU) with the U.S. Immigration and Customs Enforcement agency for certain Overtime Reimbursement incurred by La Verkin City Police Department personnel, and authorization for Chief Lee to execute said MOU, second by Councilman Richard Hirschi. Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes. Motion carried unanimously.
K. Staff, Mayor & Council Reports: City Administrator, Public Safety, Director of Operations, Treasurer, Mayor and Council as follows:
Mayor Hooten said the Council decided they wanted to get emailed reports along with an oral summary.
City Administrator-Water Day was very successful.
There were a lot of comments on how nice the cemetery looked for Memorial Day.
The next movie in the park is Friday, June 16th.
Wednesday, August 9th is the ribbon cutting ceremony for the Washington County Fair.
The election candidates for mayor are; Micah T. Gubler and Richard M. Hirschi. The candidates for city council are; Patricia Wise, Ray Justice, Jimmy Duffy, Hugh J. Howard, Steven Leavenworth, Debbie Lee, and Chantelle Mertlich Browning.
Lend EDU released a report based on statistics they pulled from police departments within the State of Utah and
La Verkin was ranked one of the safest communities.
Jenica Juluson has quit so we will need a new sports director.
Public Safety-Chief Lee welcomed Steve Leavenworth to the City Council.
Officer Hendry has completed his training.
There are 3 crossing guard positions available.
The life flight helicopter was called in for a motorcycle accident on the La Verkin twist.
Officer JJ Ray, one of the part time officers, has been promoted to Springdale Police Chief and will no longer be working for La Verkin.
The number of suicides and attempted suicides in the area have increased.
Patti Dekker has taken a leave of absence for a couple of months.
Director of Operations-Nothing to report.
Mayor Hooten thanked Derek and his crew for all they do.
Treasurer-Troylinn reported the phone system did break. The new phones are in and now staff is learning how to use them.
Mayor Hooten-He commented on water days being a great success and hope the City can continue offering more youth activities.
Reeve-Nothing to report.
Gubler-Nothing to report.
Leavenworth-stated he is grateful for the opportunity to help the community and for the directors of the City.
Hirschi-Nothing to report.
Browning-Nothing to report.
L. Closed Session:
Motion was made by Councilwoman Chantelle Browning to adjourn to a closed session at the location of 111 South Main to discuss the character, professional competence, or physical or mental health of an individual, second by Councilman Randy Reeve. Browning-yes, Hirschi-no, Leavenworth-yes, Gubler-yes, Reeve-yes. Motion carried at 7:36pm.
M. Reconvene from Closed Session:
Motion was made by Councilman Richard Hirschi to reconvene from the closed session and return to the regular meeting, second by Councilman Randy Reeve. Reeve-yes, Gubler-yes, Leavenworth-yes, Hirschi-yes, Browning-yes. Motion carried unanimously at 8:51pm.
Motion was made by Councilman Richard Hirschi to adjourn, second by Councilman Steve Leavenworth. Browning-yes, Hirschi-yes, Gubler-yes, Leavenworth-yes, Reeve-yes. Motion carried at 8:51pm.
Minutes were taken on behalf of the City Recorder by Christy Ballard.