La Verkin City Council Meeting Minutes

Wednesday, August 16, 2017 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present:  Mayor Ken Hooten, Council Members:  Richard Hirschi, Micah Gubler and Randy Reeve; Staff: Kyle Gubler, Kevin Bennett, Derek Imlay, Troylinn Benson and Christy Ballard; Public: Christy Webb, Ray Justice, Julie Crandall, Shaun & Kara Cox, Kathleen & Mike Cokl, Kathryn Thayne, John & Rose Valenti, Sydnie Jensen, and Patty Wise. 


Councilmembers Chantelle Browning and Steve Leavenworth and Chief Ben Lee were excused. 

A.     Called to Order – Invocation and the Pledge of Allegiance were given by Richard Hirschi at 6:00pm.


B.      Recognition:

1.       Martha Gubler was not able to attend the meeting so her husband accepted the certificate on her behalf. 

Martha chaired the committee for the Founders Day portion of the Pioneer/Founders Day celebration.  It was a very successful celebration. 

2.       Paula Armstrong was not able to attend.


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.       Minutes:  August 2, 2017 work meeting and the August 2, 2017 regular meeting

3.       Review Invoices and Checks:  $276,650.68

Motion was made by Councilman Micah Gubler to approve the consent agenda as written, including the minutes of the August 2, 2017 work meeting and the August 2, 2017 regular meeting and checks and invoices in the amount of $276,650.68, second by Councilman Richard Hirschi.  Roll Call Vote:  Reeve-yes, Gubler-yes, Hirschi-yes.  Motion carried unanimously.

Mayor Hooten explained that all three Councilmembers must agree when only three are present.   


     D.  Committee Reports:  

1.      Planning Commission-Councilman Hirschi reported the planning commission set a public hearing for both the preliminary and final plats for Sunset View Estates and the proposed vacation rental ordinance for August 23, 2017.  One of the changes to the vacation rental ordinance is the 7.5% per area cap.  The Council will establish those areas once the ordinance has been approved.            

2.      Water Board- There has not been a meeting.        

3.      Sewer Board-Mayor Hooten reported the meeting is next week.   

4.      Fire District-Councilman Hirschi reported work will begin on the fire station addition within the next couple of weeks. 


E.      Citizen Comment & Request for Future Agenda Items:

Ray Justice-Asked the Councilmembers to speak directly into the microphone.  Even with the listening device people with hearing issues cannot hear what is being said when the microphones are not used. 


Mike Cokl-Moved to La Verkin about a year ago.  He felt like he researched the area before they bought a home and moved here.  One of the City ordinances states all the junk cars and trash will be kept off the roadways.  He sees the same junk cars and trash on the road as he did a year ago.  He assumed roadways were City property.  He would like to know if anything has been or will be addressed on the issue. 


Mayor Hooten explained this item is an ongoing battle.  The City does have limited resources in terms of enforcement.  The police department has had a code enforcement officer in the past, however, they are currently down one officer.  They are doing the best they can but we need the cooperation of the citizens.  This is an issue the Council is concerned with.  It is a constant battle trying to address the issue.  If there is a specific instance, Mr. Cokl can contact the City office and fill out a form and that will help the City address it.


Shaun Cox-He lives on 300 West and was excited to see the changes being done.  He thought they were going to get sidewalk on the west side of the street which is the side he lives on.  All the kids are on the west side of the street, not the east side which is the side with the sidewalk.  He understands the west side of the street has multiple trees the owners did not want to move and he understands that, however, he would like sidewalk on the west side.  They have kids and they want them to be able to ride their bikes on the sidewalk, to stay out of the street and they want them on their side of the street so they can watch them. 

They would also like to landscape their yard and having a sidewalk there would be a significant part of that. 

He wondered what the City and City Council was willing to do for them.  They are willing to work with the City on funding.

He would be willing to pay for the sidewalk if the City was willing to put it in.   


Mayor Hooten explained the primary reason for not putting the sidewalk on the west side was the number of pecan trees and citizens that did not want them removed.  The City has a priority list of projects and the 300 West project was high on that list.  The City was able to obtain funding to complete that project.  When a citizen or Councilmember bring issues before the Council, sometimes those are put on the priority list.  The priority list can be modified so it could be a future agenda item and during the discussion adding sidewalk to the west side of 300 West could be added.  It was not part of the current project.    

  F.  Business:

1.       Discussion and possible action to approve Resolution R-2017-13; A resolution granting certain nonfinancial assistance to the LaVerkin Community Theater, consisting of limited use of the City’s gym, kitchen/concessions, hallway, and restroom facilities located at 111 South Main Street for FYE 2018.

Kyle explained the Community Theater would like use of the building two different times, seven consecutive days during the year.  They would schedule those times and the City would accommodate them with an in-kind donation.  They would be required to put down a cleaning deposit.   

The theater has some concerns they would like to discuss before the Council votes on the resolution. 

The City does not rent the building out on Wednesdays because of City Council and Planning Commission meetings.  The theater would like to possibly trade that day and Sunday for two other days so they would have a total of 7 days in the building.

Kyle suggested possibly extending the seven days to nine days and reminded the Theater cleaning would be included in that time. 

If the theater does a play for Winterfest that will be for the City and will not count as one of the two times.    


Kevin pointed out Wednesday and Sunday would still be included in the agreement because the building would not be free to rent out with all their equipment still there.     


Christy Webb, the director of the theater, explained the schedule they would like that included the two days off. 

The play is free to the public with donations accepted and the elementary school attends a performance during one of the days.


Kyle reported the theater had met all the requirements from the City.       

Motion was made by Councilman Richard Hirschi to approve Resolution R-2017-13; A resolution granting certain nonfinancial assistance to the La Verkin Community Theater, consisting of limited use of the City’s gym, kitchen/concessions, hallway, and restroom facilities located at 111 South Main Street for FYE 2018 with the change from seven consecutive days to nine consecutive days, second by Councilman Micah Gubler.  Gubler-yes, Hirschi-yes, Reeve-yes.  Motion carried unanimously. 


2.       Discussion and possible setting of a public hearing on proposed Surplus Resolution No. R-2017-14, declaring certain property (including a City animal control vehicle) to be surplus, and providing for disposition thereof by public sale.

Kyle explained the surplus property is the animal control truck and miscellaneous items from the office.  Those items are listed in the resolution.

The money from all surplus items goes into the General Fund after a budget amendment has been done to move it out of Revenue.

Motion was made by Councilman Randy Reeve to set a public hearing for Resolution R- 2017-14, A resolution declaring certain property to be surplus, for September 6, 2017, second by Councilman Micah Gubler.  Roll Call Vote:  Hirschi-yes, Gubler-yes, Reeve-yes.  Motion carried unanimously.    


3.       Discussion and possible setting of a public hearing on proposed Surplus Resolution No. R-2017-15, declaring a certain ten-foot strip of real property of the City (located adjacent to 194 North 100 East, La Verkin, Utah) to be surplus, and providing for its disposition by private sale to an individual.

Kyle explained there is a piece of land north of that address that is owned by the City.  The parcel is of no value as far as the City is concerned so staff is looking at possibly selling the property.


Kevin stated per ordinance, it is possible to sell to an individual person. 

There is value to this property.  The City just has no foreseeable need for that piece of property in the future.       

He went over the procedure to surplus property. 

There are significant purposes and public interest indicated and set forth in the resolution, if the Council is comfortable with them the public hearing can be set. 

Because the property is going to an individual, the price needs to be set.  Kyle spoke with some real-estate entities who gave him a range of what the property is worth.  Staff picked the middle of the range plus $150 to help cover the cost of processing the surplus.  The total dollar amount is $900. 


There is no need to maintain a right of way for this property. 

Motion was made by Councilman Richard Hirschi to set a public hearing for Resolution R-2017-15, A resolution declaring a certain ten-foot strip of real property of the City located adjacent to 194 N 100 E La Verkin, Utah, to be surplus, and providing for its disposition by private sale to an individual, for September 6, 2017, second by Councilman Micah Gubler.  Roll Call Vote:  Reeve-yes, Gubler-yes, Hirschi-yes.  Motion carried unanimously.     


G.  Staff, Mayor & Council Reports: City Administrator, Public Safety, Director of Operations, Treasurer, Mayor and Council as follows:

City Administrator-Kyle reported the next City movie night is September 22nd.

Interstate Rock should begin asphalting 300 West on Monday.

The Hurricane Valley Tourism Board had a magazine published that will be put in the local hotels highlighting restaurants and local events and attractions.

There was an open house for the two self-help homes in La Verkin.  There will be another set of homes beginning within the next three months. 


Mayor Hooten mentioned there is a website with information on the self-help program for interested citizens.          


Director of Operations­

Councilman Gubler asked what the estimated cost of installing the sidewalk from 110 North to Center Street would be.


It was reported the east side cost $11,000 with the City already having the right of way. 

When the project was being discussed the property owners on the west side specifically asked the City not to cut down the trees.  There is no right of way on the west side so it would require the City to purchase property.

Kyle mentioned perhaps something could be done about possibly putting sidewalk in front of the Cox residence. 


Mayor Hooten said when the project was originally discussed the issue was the kids all going to the east side to get in the ditch. 

300 West really became an issue when SR9 was being improved and the big trucks and equipment were being diverted onto that street. 


Kyle stated before any additional work was done on 300 West the current project would need to be completed or it would be a breach of the contract. 


Kevin pointed out the sidewalk was originally removed from the plans by the State.  The City was lucky to even get sidewalk on the east side.


Derek reported the City is still averaging one to two new water breaks a week.

The Hiring Committee hired Brett Poulson, he began work on Monday.  He has a lot of experience running equipment and installation.  He is a master plumber so he can handle things that previously had to be hired out.  He is a great asset.                      


Treasurer-Troylinn reported the audit is scheduled for September 2nd

The financials will be emailed next week. 

The City has a new administrative vehicle.  It is used to attend trainings, deliver packets, go to the bank, etc.  It is also available to the Council for meetings or trainings.   


Mayor Hooten-The Confluence Park board had a scheduled meeting earlier today.  It is an open public meeting. 

There have been many improvements to the Park and will continue to be more.  It will be an incredible resource for the three surrounding communities. 

Once Ash Creek Special Service District gets a treatment plant there the Park will have water which will help bring it back to what it historically was. 

There have been several large group activities in the Park that have been very successful.

There is also a service project scheduled for August 29th that is open to the public.  It will be cleaning from the

La Verkin trail head to the power plant.      


Hirschi-If anyone is looking for a service project, the shooting range on top of the hill needs to be cleaned.


Kyle said the dumpster at the shooting range is dumped twice a month.          


Gubler-Reported this week is the last week to comment on the Zion National Park restrictions.  The latest write-up doesn’t mention leaving the Park the same, it only discusses limiting the day or limiting the trails to reservation.


Mayor Hooten reported the DTEC meeting discussed using reflectors to track the number of people in the Park and on the different trails.  This would let visitors know the peak times of the day.  They also mentioned using the information to get people to use other local resources while they wait for the lines to go down in Zion.  There are some good ideas to try and manage crowds at the Zion rather than going to reservations.          


Reeve-Nothing to report.

H.  Adjourn:

Motion was made by Councilman Richard Hirschi to adjourn, second by Councilman Randy Reeve.  Hirschi-yes, Gubler-yes, Reeve-yes.  Motion carried at 7:01pm.



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

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