La Verkin City Council Meeting Minutes

Wednesday, September 6, 2017 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present:  Mayor Ken Hooten, Council Members:  Chantelle Browning, Richard Hirschi, Steve Leavenworth, Micah Gubler and Randy Reeve; Staff: Kevin Bennett, Derek Imlay, Troylinn Benson, Chief Ben Lee and Christy Ballard; Public: Ray & Laura Justice, John & Rose Valenti, Sydnie Jensen, Joni Lyman, Robert & Adrienne Jahns, HoneyBee Brenchley, Mike Chandler, Phillip & Paula Armstrong, and Patty Wise. 

 

Kyle Gubler was excused. 

 

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

 

B.      Recognition:

1.       Paula Armstrong was given a certificate of appreciation for her role in the Pioneer Day/Founders Day celebration. 

 

C.     Presentation:

1.       Joni Lyman-Five County Association of Governments Senior Companion and Foster Grandparent programs.

Joni began by passing out a Senior Corps fact sheet and explained the volunteers do make $2.65 an hour for their time.  Volunteers must be over 55 years of age and serve a minimum of 15 hours a week.  They also need to be lower income.  The program was designed for lower income seniors to supplement their social security. 

The Senior Companion program is seniors visiting other seniors.  They take them to appointments, to lunch or just visit them. 

Foster Grandparents go to local schools and help children with reading or math.

These programs are funded by a grant and one of the requirements for the grant is community participation (match money).  She asks for donations from the communities that have volunteers or clients which La Verkin does have both. 

 

D.     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 16, 2017 regular meeting

3.       Review Invoices and Checks:  $352,955.31

Motion was made by Councilman Micah Gubler to approve the consent agenda as written, including the minutes of the August 16, 2017 regular meeting and checks and invoices in the amount of $352,955.31, second by Councilman Richard Hirschi.  Roll Call Vote:  Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes.  Motion carried unanimously.

 

       E.  Committee Reports:  

1.      Planning Commission-Councilman Hirschi reported the planning commission held the public hearing for both the preliminary and final plats for Sunset View Estates and the proposed vacation rental ordinance on August 23, 2017.  The Planning Commission approved both of those items.              

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

3.      Sewer Board-Mike Chandler explained the new screen had been installed.  The screen is the first step in improving the efficiency of their operations. 

The District will be working with La Verkin City and the Confluence Park Board to install a gate on Ash Creek Sewer District’s property to limit the night time access. 

They will also be working with the Park Board on infrastructure planning for the treatment plant and the overall facilities planned for Confluence Park.           

4.      Fire District-Chief Tom Kuhlmann reported excavation has begun on the La Verkin City fire house remodel. 

The District is continuing to certify new fire fighters. 

They have been busy, yesterday in a 24-hour period they received 21 calls for service. 

 

F.      Citizen Comment & Request for Future Agenda Items:

Robert Jahns-He passed out a letter addressed to the City Council which he then read.  See Exhibit A.

 

HoneyBee Brenchley-She has spoken before to the City Council and wondered if there were any updates on the animal control facility being expanded to take cats.  She understands it may be cost prohibited to expand the shelter at this time but hopes the Council will address the concern of an animal in distress.  She would like the animal control officer to have the ability to render aid to any animal hit or injured in La Verkin or Toquerville, since La Verkin contracts with Toquerville, which may include putting the animal humanely down. 

She does realize including cats in the shelter is impossible at present time but would like it considered in the future.

She would also like to see the animal control officer moved to full time or hire another part time officer stating they do a lot of hard work for the City. 

 

Chief Lee stated La Verkin City does have the resources to euthanize animals which he has done on several occasions.       

 

G.     Public Hearing:

Motion was made by Councilman Richard Hirschi to close the regular meeting and move into a public hearing, second by Councilman Steve Leavenworth.  Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes.  Motion carried unanimously. 

 

1.       To declare surplus and available for sale, trade, and/or appropriate disposition, a 2001 Dodge pickup truck, Ricoh copier and Sharp printer.

The public hearing opened at 6:29pm

 

No comments were made.

 

The public hearing closed at 6:29pm

  

2.       To declare surplus and available for private sale for a sum certain of a ten-foot-wide strip of real property located adjacent to 194 N 100 E, to the adjacent land owner.

The public hearing opened at 6:30pm

 

No comments were made.

 

The public hearing closed at 6:30pm

Motion was made by Councilman Richard Hirschi to close the public hearing and move back into the regular meeting, second by Councilman Steve Leavenworth.  Reeve-yes, Gubler-yes, Leavenworth-yes, Hirschi-yes, Browning-yes.  Motion carried unanimously. 

 

H.     Business:

1.       Discussion and possible action to approve Resolution No. R-2017-14; A resolution declaring certain property to be surplus and providing for disposition by public sale (See G-1 above). 

Motion was made by Councilman Richard Hirschi to approve Resolution R-2017-14; A resolution declaring certain property to be surplus and providing for disposition by public sale.  Those items are a truck, copier and printer, second by Councilman Micah Gubler.  Reeve-yes, Gubler-yes, Leavenworth-yes, Hirschi-yes, Browning-yes.  Motion carried unanimously.

 

2.        Discussion and possible action to approve Resolution No. R-2017-15; A resolution declaring certain property of the City to be surplus, and providing for its disposition by private sale to an individual (See G-2 above). 

Motion was made by Councilman Micah Gubler to approve Resolution No. R-2017-15; A resolution declaring certain property of the City to be surplus, and providing for its disposition by private sale to an individual.  The property is a ten-foot strip of real property located adjacent to 194 N 100 E, second by Councilman Randy Reeve.  Roll Call Vote:  Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes.  Motion carried unanimously.  

 

3.       Discussion and possible action to approve the revised preliminary and final plats and the amended and restated development agreement for the Sunset View Estates subdivision: A development in northeast

La Verkin, located in the currently-undeveloped area east of 200 East, south of 460/500 North, and north of 200 North, and abutting the base of the hillside at approximately 250 East; known as Tax ID # LV 159-K-1 in the records of Washington County, State of Utah.

 

Kevin explained the subdivision received preliminary approval in 2014.  Since that time there have been several changes that need to be approved.  There have been some minor changes to some of the lot descriptions and an additional lot had been added.  There was also a change in contractors. 

The amended restated development agreement covers the allowance of smaller sized lots in the subdivision which is zoned R-1-14, no lots are under 10,000 square feet, in exchange for the improvement of 400 North which is the main entryway into the subdivision.  It also allows for a certain percentage of impact fees to be refunded to the developer for the reconstruction of 400 North.  

The infrastructure for the subdivision has been installed and work has begun on 400 North, the funding for that portion of the project is in place.               

Motion was made by Councilman Richard Hirschi to approve the revised preliminary and final plats and the amended and restated development agreement for the Sunset View Estates subdivision: A development in northeast La Verkin, located in the currently-undeveloped area east of 200 East, south of 460/500 North, and north of 200 North, and abutting the base of the hillside at approximately 250 East; known as Tax ID # LV 159-K-1 in the records of Washington County, State of Utah, second by Councilman Steve Leavenworth.  Browning-yes. Leavenworth-yes, Reeve-yes, Gubler-yes, Hirschi-yes.  Motion carried unanimously.    

 

4.   Discussion and possible action to approve Ordinance No. 2017-10; An ordinance amending section 5-1-8 of                                                     

                   the La Verkin City Code, and providing for the regulation of persons who own, keep or harbor dogs within the

                   city limits which annoy and/or disturb the health and welfare of any person or neighborhood; and providing an

                   effective date.

Chief Lee explained citations are issues for dogs at large or vicious animals, things of that nature.  Our Prosecuting Attorney requested we mirror the language in our Code to that of the County making it easier for him on the prosecutorial side.

 

Kevin mentioned our current code deals with dogs that are endangering lives and this will enhance the ability to deal with animal issues that are not at the level of endangering anyone.   

 

Mayor Hooten said he understands the police were limited in not being able to enforce certain issues but wondered about the limits on the other end of the issue, some people just don’t like animals. 

 

Chief Lee replied the officers do need a certain amount of discretion.  If there are constant complaints on an animal the animal control officer will issue a written warning and temporarily monitor the situation to make sure the issue is being addressed before an officer gets involved. 

Motion was made by Councilman Steve Leavenworth to approve Ordinance No. 2017-10; An ordinance amending section 5-1-8 of the La Verkin City Code, and providing for the regulation of persons who own, keep or harbor dogs within the city limits which annoy and/or disturb the health and welfare of any person or neighborhood; and providing an effective date, second by Councilman Richard Hirschi.  Reeve-yes, Gubler-yes, Leavenworth-yes, Hirschi-yes, Browning-yes.  Motion carried unanimously.

 

5.  Presentation of a proposed ordinance amending Titles 10 and 3 of the La Verkin City Code, relative to bed and                             

     breakfast facilities and vacation rentals within the City of La Verkin

Kevin explained this is to introduce the Councilmembers to the response from the Planning Commission to an assignment given to them over a year ago to review the City’s vacation rental ordinance.  There had been several people approach the Councilmembers with concerns that vacation rentals were clustering in one particular part of the community. 

The Planning Commission held a joint work session with the Council last fall to get a starting point and as they worked on the amendment decided to hold a public input meeting in the Spring to get input from the citizens.  Those ideas and concerns were put into an ordinance that the Planning Commission was comfortable with and a public hearing was held August 23, 2017.   The Planning Commission unanimously approved the proposed ordinance. 

Staff wanted the Councilmembers to have a chance to review all the information before making a decision.  The packet includes the minutes from the above-mentioned meetings, the current code, the proposed changes to the code and the proposed ordinance.  

Kevin passed out a copy of the map that the Planning Commission put together dividing the City into 7 areas and implementing the proposed 7.5% vacation rental cap.  If the ordinance is approved a resolution would be created to determine the areas. 

Some of the other changes include requiring all vacation rental business licenses be used in the year following the issue date and addressing the parking concern. 

 

Councilwoman Browning asked if the current licenses and “in process licenses” would be grandfathered in if this ordinance passes and mentioned she is concerned with enforcement, specifically parking. 

 

Kevin replied the right to do it would be grandfathered in but they would have to comply with the new regulations.

Parking enforcement is always an issue. 

 

Mayor Hooten asked the Councilmembers to let him know when they would like this issue on the agenda.     

                       

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

City Administrator-Kyle was excused but had emailed his report to the Councilmembers.  

 

Public Safety-Chief Lee reported he is currently conducting a survey study to show what is needed and what deficiency the City has regarding public safety.  He will present his findings once the study is complete.  It will address a lot of the topics Mr. Jahns brought up.

There have been a lot of nuisances the Department is trying to address and an increase in family fights which have resulted in a lot of arrests and referrals to other services. 

Scott Durfey has been hired as a part time officer.  He works full time with the Sheriff’s Office and comes highly recommended.

Animal Control partnered with the County in a severe animal abuse case.  That dog is currently in the La Verkin Animal Shelter. 

        

Director of Operations­-Derek reported the water breaks are continuing to be a major issue.  The fiscal year is only two months in and he is in serious jeopardy of exceeding the budget line within the next month.  It is also depleting the Road Maintenance budget.  The road patches from the breaks are coming out of that fund because the water and irrigation funds have already used approximately $25,000. 

The 300 West project has been completed.  It did not go over budget.

The 400 North project is under construction.  The project will take about 45 days. 

Street lights are becoming an issue.  Rocky Mountain Power no longer maintains them and cities are no longer able to place street lights on power poles.  A new street light is $6,000 to purchase and install and then $22.50 a month plus the cost of power.  The two new developments, Cherry Orchard Phase 3 and Sunset View Estates will require street lights and Riverwood Phase 2 has multiple street lights and sensors that need to be replaced.

Derek met with Hurricane and there appears to be a small chance to receive some assistance from Van Guard Pipe USA.  Van Guard Pipe is the manufacturer of the pipe that has caused the City so many issues.  La Verkin and Hurricane will be writing a letter to the USA group to see if they are willing to help the cities recoup some of the money spent on replacing the defective pipe.

  

Treasurer-Troylinn reported the auditor will be here all week.  Things are going well so far.    

   

Mayor Hooten-Thanked the citizens for their comments.  He encouraged them to participate in the budgeting process.  Once approved, the tentative budget is available for review before the public hearing and they can make suggestions during that time.

City staff and the City Council spend a lot of time trying to allocate the limited funds available.  

Chief Lee does a great job dealing with the law enforcement issues, he is working on ways to improve our Department.  La Verkin does partner with the County as well as surrounding communities.  They all help to cover each other. 

All calls go through the one dispatch center in Washington County.

He thanked Mr. Jahns for his comments made earlier.  The Councilmembers, including himself, are aware of the situation and will take the comments made into consideration.   

  

Browning-Solid Waste reported the audit produced very few findings.  There were presentations from the Recycling Program and Public Services.  Recycling has a new facility and the Public Services Department is ranked number 1 for customer service out of their nationwide company.

It was also reported the turn-over in the Department is extremely low because they offer a great benefit package and have higher salary ranges. 

Medical waste was the main topic for the meeting.  Solid Waste does not take medical waste under 200 pounds and when they do take it they are required to bury it 12-inches deep but it is currently legal for citizens to dispose of medical waste in their personal cans.  The District is concerned for the safety of the employees, both at the landfill and the recycling department.  Another item to consider is how diabetics at home would dispose of their medical waste.        

The District will research how other counties handle medical waste before a decision is made.

     Mosquito Abetment had their audit, they had minimal issues.  They are doing very well financially and were able to pay a large sum toward their mortgage.

The current building is getting too small with all of the equipment they have in the lab so they are considering getting a new building. 

There have been several human cases of West Nile Virus in northern Utah but no reported cases in Washington County.

 

Hirschi-The La Verkin Fire Station project has finally begun.  When completed, the new ladder truck will be housed here and there will be living quarters added so we will have a medic and firefighter on duty 24 hours a day.            

 

Leavenworth-Nothing to report.

 

Gubler-Nothing to report.

 

Reeve-Nothing to report.

 

H.  Adjourn:

Motion was made by Councilman Randy Reeve to adjourn, second by Councilman Micah Gubler.  Browning-yes, Hirschi-yes, Leavenworth-yes, Gubler-yes, Reeve-yes.  Motion carried at 7:20pm.

 

 

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

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