City of LaVerkin

435 North Main St., LaVerkin Utah, 84745

(435) 635-2581 Fax (435) 635-2104

LaVerkin City Council Meeting Minutes

Wednesday, June 17, 20156:00 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, Judy Abraham, and Debbie Lee.

  1. Called to Order – Invocation and the Pledge of Allegiancewas given by Chief Ben Lee at 6:00pm.
  1. Appointments:

Mayor Gubler has asked Sherm Howard to serve as Alternate 2 on the Planning Commission to finish out the calendar year for Michael Hinckley. One of the Commissioners may be leaving to serve an LDS mission so Mr. Howard may be asked to replace him.

Motion was made by Councilman Richard Hirschi to approve Sherm Howard as Alternate 2 for the La Verkin City Planning Commission, second by Councilman Ken Hooten. Browning-yes, Hirschi-yes, Justice-yes, Hooten-yes, Reeve-yes. Motion carried unanimously.

  1. 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. Minutes: May 20, 2015 and June 3, 2015 regular meeting minutes
  4. Review Invoices and Checks: $108,055.57

Motion was made by Councilman Ray Justice to approve the consentagendaas writtenincluding the regular meeting minutes for May 20, 2015 and June 3, 2015 and the checks and invoices in the amount of $108,055.57,second by Councilman Richard Hirschi. Roll Call Vote: Reeve-yes, Hooten-yes, Justice-yes, Hirschi-yes, Browning-yes. Motion carried unanimously.

  1. Committee Reports:
  1. Planning Commission-Councilman Hirschi reported the Commissioners are discussing a possible transition zone. They appear to be getting close to a decision, then it will come to the City Council.
  2. Community Garden-Councilman Hirschi reported tomatoes have been planted. The youth homes have been helping with the weeding. The squash has been sprayed for bugs.
  3. Water Board-Will meet next week.
  4. Sewer Board- Councilman Hirschi reported the new Director started on Monday and will work with Darwin for about two weeks.
  5. Fire District-Councilman Hooten reported the make-up of the Board was discussed. Hurricane will be officially back in the Fire District in July.

They are also discussing the equipment needs for each city in the District.

The La Verkin Fire Station remodel was also discussed.

The District is talking a lot about the future needs and funding for each city.

  1. Citizen Comment & Request for Future Agenda Items:

Judith Abraham- She moved to Kissimmee Florida before SeaWorld and Disney, when it was still a small town like La Verkin. A County Commissioner stated Kissimmee would remain a “one horse town” even after those companies came in, he was wrong. That is what she is afraid will happen with La Verkin. Regarding the rules and regulations for vacation rentals and Bed and Breakfasts, Kissimmee didn’t have any of that and the City is terrible. She feels we need the rules and regulations, even if they seem strict. It doesn’t mean they need to be enforced but that they are there in case something does need to be enforced.

The next thing deals with the police officers. She has mentioned in previous meetings her concern over our police officers leaving for other areas that offer more money. Hurricane is hiring part time police officers starting at $15 per hour. She doesn’t know how much our part time officers are being paid but she doesn’t think it’s that much. We will lose the best police officers to other cities that will pay more and she is concerned.

Judith wondered if the Councilmembers have contacted other cities to find out what their rules are for vacation rentals or even asked La Verkin’s police department what they feel the rules should be.

These are things that need to be done so La Verkin doesn’t end up like Kissimmee.

  1. Public Hearing:
  1. FY 2014-2015 Budget Amendment

The public hearing opened at 6:10pm.

No comments were made.

The public hearing closed at 6:10pm.

  1. To declare certain property surplus and to sell and/or exchange said property.

The public hearing opened at 6:11pm.

No Comments were made.

The public hearing closed at 6:11pm.

  1. Business:
  1. Discussion and possible action to approve Resolution No.R-2015-07; A Resolution opening and amending the Fiscal Year 2014-2015 budget.

Kyle explained it is common for cities to amend the budget one last time before the end of the fiscal year to make the necessary changes.

The revenues exceeded our original budgetso that adjustment was made. The Capital Project Fund (fund 48) is being zeroed out. This Fund was for the Silver Acres Project, some of the bills came in after July so it wasn’t able to be closed last year.

The Water, Irrigation, and Drainage Funds all had income that exceeded the original budget.

The money for the State Street Project is available so it will be paid this year, if the amendment is approved.

One of the findings last year from the auditor was not charging ourselves for the water we are using. To fix that finding, money was adjusted in the General Fund budget to show we are charging ourselves the same rate as the citizens for the water we are using. The revenue from the charge was put into the Appropriation of Fund Balance as recommended by the auditor. This item has been fixed for next year’s budget.

The line Class C Roads is money the City received from the Gas Tax that is collected six times a year.

Motion was made by Councilman Ken Hooten to approve Resolution No. R-2015-07, a resolution opening and amending the FY 2014-2015 budget, second by Councilman Ray Justice. Roll Call Vote: Browning-yes, Hirschi-yes, Justice-yes, Hooten-yes, Reeve-yes. Motion carried unanimously.

  1. Discussion and possible action to approve Resolution No.R-2015-08; A Resolution declaring certain property to be surplus property and providing for disposition by public sale.

Councilman Reeve asked about the price difference between the two backhoes.

Derek replied the newer backhoe that we are going to keep was $25,000-30,000, the older one that we are surplusingis listed as $12,000-18,000.

Motion was made by Councilman Richard Hirschi to approve Resolution No. R-2015-08, a resolution declaring certain property to be surplusesd property and providing for disposition by public sale, second by Councilman Ken Hooten. Roll Call Vote: Reeve-yes, Hooten-yes, Justice-yes, Hirschi-yes, Browning-yes. Motion carried unanimously.

  1. Discussion and possible action to approve Resolution No.R-2015-09; A Resolution setting the Property Tax Levy for La Verkin City.

Mayor Gubler reported this is an annual business item that will be sent to the County.

Motion was made by Councilman Ken Hooten to approve Resolution No. R-2015-09, a resolution setting the Property Tax Levy for La Verkin City, second by Councilman Richard Hirschi. Roll Call Vote: Reeve-yes, Hooten-yes, Justice-yes, Hirschi-yes, Browning-yes. Motion carried unanimously.

  1. Consideration, discussion and possible action to approve Resolution No.R-2015-10; A Resolution regulating the use of fireworks within the city limits of La Verkin.

Mayor Gubler explained the two resolutions in the packet. Option 1 is restricting fireworks to public streets located farther than 100 feet from the hillside and to Wanlass, and Vintage Park, Option 2 restricts fireworks to Wanlass and Vintage Park only.

Last year had worse drought conditions so fireworks were restricted to the Parks, this year we have had rain.

Councilman Reeve asked if Chief Kuhlmann had voiced any concerns either to Staff or during the Fire District meeting.

It was reported the topic of firework restrictions was not discussed during the meeting.

Kevin mentioned the Fire Chief would never agree to no-restrictions because of the risk, but he mentioned to Kevin that some restrictions would be nice. The main concern is with the outlying areas.

Kevin said he did go to the Park last year and he felt it was unsafe. It is a lot of people trying to set off fireworks in one location. Whenever possible he would allow them in public streets and the Parks.

Councilwoman Browning agreed with Kevin on the Parknot being safe.

Councilman Hooten asked Chief Lee how enforceable restricting fireworks are.

Chief replied there is one officer on duty so it is more educating the citizens rather than citing them.

Councilman Hirschi mentioned he has a background with the fire department and the issue with allowing fireworks in the street is people will often light them off in their driveway or backyard and that is a fire hazard.

Motion was made by Councilman Ray Justice to approve Resolution No. R-2015-10 option one, a resolution regulating the use of fireworks within the city limits of La Verkin to public streets and to the two major Parks, second by Councilman Randy Reeve. Browning-yes, Hirschi-no, Justice-yes, Hooten-yes, Reeve-yes. Motion passes.

  1. Discussion and possible action to approve Resolution No. R-2015-11;A Resolution supporting the HB 362 authorized .25% Local Option General Sales Tax dedicated to transportation, encouraging Washington County to submit the proposal to voters in November 2015, and encouraging voter support; and providing an effective date.

Mayor Gubler reported the County has required this item have individual votes listed on the resolution. The County would like to know which cities support the tax before they decide whether to place it on the ballot.

Kyle reported most of the cities have passed the resolution, but not all of them. If a councilmember votes yes it is implied they are in favor of both the tax and placing the issue on the ballot.

Kevin explained this is the only time cities can voice their opinion on the tax itself. Once an item is determined to be a ballot measure, cities cannot take a position.

Councilman Justice asked if the Unified Transportation Plan stipulates how the money is distributed.

Kyle replied this is a .25% Sales Tax increase. The amount we receive will be based on population. The cities will receive 40%, transportation receives 40% and the transit system/County receives 20%.

Councilwoman Browning mentioned while she is in favor of improving our community, between the RAP Tax that just passed and the possible recycling program charge she is not in favor of adding another tax to our citizens.

Councilman Hirschi will vote yes on this item so the citizens can have the opportunity to vote on the proposed Local Option General Sales Tax.

Motion was made by Councilman Ken Hooten to approve Resolution No. R-2015-11, a resolution supporting HB 362 authorized .25% Local Option General Sales Tax dedicated to transportation, encouraging Washington County to submit the proposal to voters in November 2015, and encouraging voter support; and providing an effective date, second by Councilman Richard Hirschi. Roll Call Vote: Hooten-yes, Justice-no, Hirschi-yes, Browning-no, Reeve-no. Motion does not pass.

  1. Discussion and possible action to (a) approve the proposed Water Planning Grant Agreement with the State of Utah, and (b) authorize the City Administrator to sign the Agreement on behalf of the City.

Councilwoman Browning asked if Staff pursued this grant.

Kyle replied Sunrise Engineering came to Derek because they know the City needs to re-evaluate its water every five years and they knew about this grant. Sunrise Engineering prepared and submitted the grant knowing they would receive payment only if the City received the grant.

Kevin said it is important to stay current on the water plan. If any changes need to be made to either the rates or impact fees, an up to date plan is required.

Councilwoman Browning wanted to give her appreciation to whoever was responsible for this grant.

Kyle mentioned the money coming in and going out will be on the first budget amendment in the next fiscal year.

Kevin explained this grant if for culinary water only and Kyle needs the authority to sign the agreement.

Motion was made by Councilman Ray Justice to approve the proposed Water Planning Grant Agreement with the State of Utah and authorize the City Administrator to sign the Agreement on behalf of the City, second by Councilwoman Browning. Roll Call Vote: Browning-yes, Hirschi-yes, Justice-yes, Hooten-yes, Reeve-yes. Motion carried unanimously.

  1. Discussion and possible action to approve Resolution No. R-2015-12; A Resolution revising the City’s Personnel Policy to establish a Return To Work Policy regarding city employees injured on the job, and providing an effective date, as requested by the Utah Local Governments Trust.

Kyle explained this item is updating what the Trust is requiring to qualify for a grant.

Motion was made by Councilman Ray Justice to approve Resolution No. R-2015-12; a resolution revising the City’s Personnel Policy to establish a Return to Work Policy regarding city employees injured on the job, and providing an effective date, second by Councilman Richard Hirschi. Browning-yes, Hirschi-yes, Justice-yes, Hooten-yes, Reeve-yes. Motion carried unanimously

  1. Discussion and direction to City Staff regarding the text of a proposed Bed and Breakfast and Vacation Rentals licensing, operations, maintenance, and safety ordinance.

Councilwoman Browning said it is getting closer but there are still some items she would like to change.

Number 3 under section C, she does not have an issue with a guest register being kept current but questioned if it was even legal for a police officer or City official to be able to demand that information.

The next item is number 8 under section J, other business owners are not required to post a sign with twenty-four hour contact information. This ordinance requires letters to go out to all surrounding neighbors with that information on them and the City will have the information on file.

She also doesn’t think a sign in the front yard keeps with the residential look.

Councilman Hirschi agrees with Councilwoman Browning’s comments.

Those were the only issues he had with the proposed ordinance.

Kevin explained those items came from a code given to him by a Councilmember. He did add to J-8 items a and b. This item is required so if neighborsare having issues with the renters, or if the Sheriff’s office responds, the property owner can be contacted.

Councilman Justice pointed out J-8 states “on the exterior of building”, not the yard.

He suggested adding a minimum requirement to the size of the sign along with the maximum.

Councilwoman Browning feels that if the contact information is required to be posted then J-2 should be removed so the property owner doesn’t have to do both.

Kevin would prefer leaving the sign and removing requiring notice to the surrounding property owners.

Councilman Reeve would leave them both commenting the sign will be mainly for the responding police officers.

Councilman Justice mentioned the letter is a onetime only thing. If the house wassold, the new owner would not have the contact information. He would leave in item 8 and remove 2, b.

Chief Lee said if a neighbor has an issue with the business, they would file a complaint with the City and the information will be on file. If police are dispatched to the property, they too will have access to the contact information.

Councilman Hootendoesn’t think there will be any issues with vacation rentals, he has a vacation rental on his street and it hasn’t caused any problems.

Councilman Reeve said he agreed that most vacation rentals will not be a problem but the neighbors need to be protected if there ever is an issue.

Councilwoman Browning feels the regulations already in place protect the neighbors.

Councilmembers Reeve and Hooten are fine with the proposed ordinance.

Councilwoman Browning asked how the Councilmembers felt about section C number 3, the guest register being kept and immediately available. She is fine with the records being kept and allowing the police department to request them, but they should not be allowed immediate access.

Chief Lee explained he has more experience with the hotel industry, not vacation rentals but when they have been called out to the hotel, the information is given voluntarily to the police. He does see a need for accurate records to be kept if there ever is a crime committed, but as far as a police officer requesting to see the information without probable cause, he is unsure of the law.

Councilman Justice said his understanding is that it is not law that information be provided without a search warrant. Some hotel management will cooperate with the police department for the health and safety of their customers.