May 22, 2023 By

Town of Leeds

Town Council Meeting for

February 22, 2017

1. Call to Order:

Mayor Peterson called to order the regular meeting of the Leeds Town Council at 7:00pm on February 22, 2017 at Leeds Town Hall, 218 N Main.














2. Pledge of Allegiance by Councilmember Cundick.

3. Declaration of Abstentions or Conflicts: None.

4. Approval of Agenda:

Councilmember Cundick moved to approve tonight’s agenda and meeting minutes of January 11, 2017. 2nd by Councilmember Sheltman.

Councilmember Sheltman, on the meeting minutes, it’s been a month, there was a question that I had about a Town Planner and the reason why we had two on there and not putting on a third. There was going to be a response from the Mayor on January 25th to that question. So if we can do that after.

Mayor Peterson, I am sorry, what was the question and where was it in the minutes?

Councilmember Shletman, I don’t see it.

Mayor Peterson, where should it be?

Councilmember Sheltman, I think it was near the beginning but I am not quite sure.

Mayor Peterson, could you repeat the question again.

Councilmember Sheltman, the question was, we have two planners, why not add a third that is willing to do it. You were going to respond on the 25th.

Mayor Peterson, Ok.

Motion passed in a Roll Call Vote.
















5. Citizen Comments:

Penny Weston, I wanted to talk a little bit about the sign for the restroom and I wondered if you were able to get a hold of UDOT?

Mayor Peterson, I did get a message through to UDOT to the individual who is responsible for maintenance on the road. He was going to submit a request to the maintenance department to check into it, and if there were no problems in doing so, relocating the one sign that was in front of your home.

Penny Weston, are these UDOT signs?

Mayor Peterson, they are UDOT signs. That is correct, it is a UDOT road and as a result, we needed to have UDOT produce the signs.

Penny Weston, are they paying for them.

Mayor Peterson, correct, the Town did not pay anything for them.

Penny Weston, when did they vote for this because I don’t recall having any meeting that we had that voted? Did all of you agree to it?

Mayor Peterson, it actually took close to two years to go through the process. It was when we made our bathrooms year-round. We put some heat into them so that they no longer needed to be winterized and we decided that there was an ongoing problem, including with some law enforcement officers relieving themselves on the sides of the roads in Leeds. It was felt that we would do well to try to give people an alternative. Many of our shop owners also posted signs saying that “restrooms were for customers only”, which was causing people to return to their cars and try to come up with another alternative. I have spoken to our public works individual, Antonio, he has indicated that the usage has been up since the signs went up and there have been no problems other than he needs to restock the supplies a little more.

Penny Weston, so the Council had already voted to have those put in?

Mayor Peterson, two years ago we did have a discussion on how to address it and we did agree that was the proper way to try to do so. We spent several thousand dollars upgrading the bathrooms at that point in time and looked to have the signage in place so they would be better utilized as opposed to the sides of our roads.

Councilmember Rohr, we didn’t vote for the placement of where the signs would be.

Mayor Peterson, no.

Penny Weston, like in front of my house.

Mayor Peterson, we didn’t have a map and say the signs will be here, here and here. We asked UDOT to provide signage from the exits, but not before the exit, because we were not trying to become a rest stop. Once people pull off with the desire and need to, we wanted to direct to the bathroom so they could utilize them.

Penny Weston, what is this going to cost us in the Town, because I know you have lights on 24-7 now at night. How is it expensed, are we getting reimbursed from somebody to have a public restroom?

Mayor Peterson, no we are not, what we are getting is less unwanted material on the sides of our roads and also having commercial owners able to no longer have to tell people there is no alternative, get back on the highway and head to Washington, or St George.

Penny Weston, for safety reasons, do we have added insurance if a child got molested, or we find we are getting drugs, because I know Toquerville had a real issue serval years back when they were open 24-7. Crime really increased, I know they had an issue.

Mayor Peterson, we do have comprehensive insurance, liability insurance that the Town recently increased in July of this past year in 2016. We did not do that specifically for the bathrooms; it was related to the Fourth of July festivities. We are coved by that and it is an added level of insurance. It is not something that we are buying because we have the bathrooms.

Penny Weston, so nobody can come back on you guys if there was a problem and sue you because you voted for it?

Gary Kuhlmann, we would have some protection under the Governmental Immunity Act.

Penny Weston, of course that doesn’t save a little child, but anyway.

Councilmember Sheltman, is that open 24 hours?

Mayor Peterson, yes the bathroom is open around the clock.

Penny Weston, and the light’s on.

Councilmember Sheltman, how long have we been doing that, how long has it been open 24 hours?

Mayor Peterson, about 2 years now, we did it a couple of years ago.

Councilmember Sheltman, have we ever had any complaints about it? Excuse me a minute, do you have any complaints about the bathroom. You are living near it, Correct?

Penny Weston, I live right across the street.

Councilmember Sheltman, and what are you experiencing with the bathroom being open 24 hours.

Penny Weston, I try to stay hidden from that, but I am concerned being a single woman by herself. It concerns me that we are going to be dragging in truckers, or people that are not wanted. In the middle of the night several times I have called the Sheriff and had them come, because we had a gal screaming over at the park. What I don’t understand is, if our park is to be closed at dark, because that is something that the sign says up over the pavilion there, why are we leaving it open 24 hours? And god bless the police officer, but a little urine on the sidewalk or on the dirt is not going to be that bad.

Mayor Peterson, first of all, regrettably it wasn’t limited to urine. Second of all, I would highlight with regards to the sign by the pavilion that is regarding the use of the pavilion as I have been able to find out. It was raised at a previous Town Council meeting. The Ordinance does not close the park at midnight, or anything like that. There is a curfew for younger people if they are under the age of 17, but our Ordinance does not limit the park. It does say the use of this facility, and the question is, is the facility the park, or the peach pit pavilion? From what I have been able to find out by checking, is it seems the signs were put up more to try to make it that people just didn’t hang out in the pavilion and have an event.

Councilmember Sheltman, what were the hours before we went to 24 hours?

Mayor Peterson, they were 24 hours, it was just come November as the weather got below freezing temperatures, we would have to drain lines and then close them from November to early March because of freezing. It was still open 24 hours before that.

Penny Weston, what does it cost us to keep it open now?

Mayor Peterson, it has not been a meaningful increase because we heat it to I believe 45 degrees. We are not trying to make people comfortable there; we are just trying to make sure our pipes don’t freeze.

Penny and Town Council members discussed it further.

Jim Vasquez expressed concerns about it being open 24 hours.

Councilmember Sheltman, indicated he talked to Mark, the owner of the plaza up the street and he indicated it was a problem mostly with truck drivers and if you look at our Ordinances, we have a no overnight parking for trucks.

Mayor Peterson, responded that he was glad that Councilmember Shletman brought up something that he mentioned at an earlier meeting, that that individual had told him that UDOT would be happy to enforce no parking on our Main Street and the Mayor indicated he contacted UDOT and they would not enforce that unless it was a safety issue.

Penny Weston discussed it further.

Danielle Stirling, asked what the Ordinance is about overnight parking. She indicated when she takes her kids to the school bus, there are overnight parkers and thought it was due to the bathrooms being open.

Mayor Peterson, responded we do not have any Ordinances about overnight parking in Town park areas. We do have an Ordinance for heavy equipment parking being parked; however, not for regular vehicles.

Danielle Stirling, asked about RV’s.

Mayor Peterson, responded under current Ordinances that would be the case; however, you cannot occupy the RV.

Danielle and the Mayor discussed it further.

6. Announcements:

Mayor Peterson announced the following event:

a. Birds of Prey, March 4th at 10am at the Silver Reef Museum

7. Public Hearings: None.

8. Action Items:

a. Discussion and possible action regarding Public Defender appointment

Town Councilmembers and Gary Kuhlmann discussed the Public Defender appointment.

The Town received two applicantions. One applicant rate was $150.00 an hour, and the other was $110.00 an hour. Town Councilmembers decided to proceed with the applicant with the lower rate.

Mayor Peterson asked for a motion to instruct our Town Council to negotiate with Caleb Cottam an agreement, and bring it forward at the first available meeting after he has come to an agreement, so we could go ahead and proceed with him as our Public Defender at this point.

Councilmember Cundick, I so move. 2nd by Councilmember Rohr.

Councilmember Sheltman, what was the price on this individual?

Mayor Peterson, $110.00 an hour.

Councilmember Sheltman, is that the lower one?

Mayor Peterson, yes.

Motion passed in a Roll Call Vote.
















b. Discussion and possible action on Majestic Mountain Development LLC zone change on parcel L-4-A-1 from Commercial (C) to Multiple Residential (R-M-7) on approximately 1.295 acres

Mayor Peterson indicated the Planning Commission reviewed both items 8b and 8c and recommended approval to the Town Council.

Councilmember Rohr indicated she was concerned about having multiple zones on one parcel.

Alberta Pace reviewed and discussed the zone change map with Town Council members.

Gary Kuhlmann explained that the legal description is the dividing line for the zone change and is included in the application.

Councilmember Sheltman stated he didn’t feel comfortable voting on it tonight, he hasn’t had a chance to look at it and he didn’t know it was on the agenda until yesterday. He would also like to walk the site.

Mayor Peterson asked Councilmember Sheltman to check his email and let him know if there is a problem because the item was sent out right after Planning Commission approved it a few weeks ago. Councilmember Sheltman indicated he never received it.

Mayor Peterson asked for a motion to table action items 8b and 8c.

Councilmember Rohr, I so move. 2nd by Councilmember Cundick. Motion passed in a Roll Call Vote.
















c. Discussion and possible action on Majestic Mountain Development LLC zone change on parcel L-4-A-1 and L-PERM-1 from Commercial (C) to Residential (R-1-20) on approximately 2.732 acres

Item Tabled.

d. Discussion and possible action regarding the Town of Leeds serving as waste water body politic for Majestic Mountain Development LLC

Town Councilmembers discussed serving as the waste water body for Majestic Mountain Development LLC. The State requires that on a shared septic system, a body politic be assigned. Some of the Town Councils concerns were how the system is maintained and the cost associated with it.

Roger Owley explained how the waste water system works.

Gary Kuhlmann stated that this was only the designation. Anything in regards to operation, funding, security, bonding, or whatever Council decides to put into place, will come at the approval stage for the approval of the system to go online, which is being connected to the subdivision. HOA documents can be drafted at that time to make it assessable and it could be put in that the Town has the ability to require the assessment for the HOA. This is only to tell the State that the Town of Leeds is willing to serve as the body politic.

Town Council discussed it further and asked Roger to get more information on other systems that are operating in the County and to provide the dimensions of the structure that will be over the system to discuss at next month’s meeting.

Town Council agreed to have Gary Kuhlmann draft a letter to be reviewed at the next meeting that will indicate the Town of Leeds willingness to serve as the body politic subject to, and address the concerns that were brought up.

No action was taken.

e. Discussion and possible action regarding Ash Creek Interlocal Agreement

Mayor Peterson, this goes back to a meeting where we had Mike Chandler come here to discuss the different ways that Ask Creek could work with the Town on a variety of things. One that was mentioned was maintaining a shared system. We have signed on to be the Body Politic for a shared system that goes back a few years, with regards to the Silver Pointe Estates project. Gary has reviewed this and this is Gary’s red-line of the actual submittal from Ash Creek regarding this. The reason why I put it as possible action and discussion is because Ask Creek has not been able to yet have their review of Gary’s redlines, so we don’t have that back. It is a discussion item for this evening, there is no sense on voting on it, because we don’t have Ash Creek agreeing at this point, they haven’t had a chance to review the document. I did request that this be emailed out first thing this morning and I don’t know if anybody had an opportunity to review it then, but a copy of the agreement is also in the packet here. In this role, Ask Creek would be getting compensated for overseeing a shared system within the Town of Leeds. We would work with them in order to set up the rates, paid by the homeowners, to make sure it would efficiently cover what Ash Creek would be doing with regards to the services they would be providing on the system.

Councilmember Cundick, so this pertains only to Silver Pointe Estates?

Mayor Peterson, that is what prompted this, but that is what I am referring to when I mention that I think it would be in the Town’s interest in any system that we have, that we look to have a party that would be responsible for it and it is just not the Town of Leeds will find somebody, or the original owners of the property, due to time and change of ownership that could affect that relationship.

Gary Kuhlmann, this could be expanded to other systems.

Coucilmember Cundick, for purposes of the Interlocal Agreement, is that going to specify Silver Pointe?

Alberta Pace, I would be willing to be responsible on this system if it ever failed.

Councilmbmer Cundick, at this point, it is an agreement pertaining to Silver Pointe?

Gary Kuhlmann, that is what prompted this agreement.

Councilmember Cundick, my question is, would the Interlocal Agreement be limited at this point to the arrangement that has to do with Silver Pointe Estates? In other words, I don’t think we are talking about a blanket for anything that comes through in the future here. I think we are talking about a specific thing right now.

Mayor Peterson, we could extend to others if we felt inclined, but this would not be signing on in this agreement, any shared wastewater systems that would be managed, or operated by Ash Creek. This would be whatever we designated, asked, and they were mutually agreeable to provide the service.

Town Council and Gary discussed it further and it is specific to Silver Pointe Estates; however, the language could be expanded. The term of the agreement is valid for 50 years, unless provided by either party, a 90 day prior notice written by the other party

Councilmember Sheltman, I got the minutes; I got the audio tape a while back and checked the minutes with Mr. Chandler from Ash Creek. I asked him a lot of questions and when I asked him if they had ever seen a system like this, or dealt with a system like this, the answer was no. When I said “who are you going to use to fix it”, he said “we will job it out to somebody”. What is their expertise, they run a sewer plant. I have a septic tank in my back yard, big deal. So I kind of wonder why we are picking Ash Creek. Plus, I have real fear of bringing in a sewer company anywhere into our community because I know in the last 15 years, maybe 20 years, there has been a push to get sewers in here. I also asked him what it would take to put sewers in this Town and it’s a nightmare. It is as bad as anyone could imagine. So I have a real problem with using Ask Creek based on the fact that they have no experience with this system at all, according to Mr. Chandler and this is like a year ago. I haven’t heard about this since. Did anybody else, did I miss something.

Gary Kuhlmann, well part of it is my fault; it sat on my desk for quite a while.

Councilmember Sheltman, like I said, I don’t know where their expertise is. Maybe I am the only one here, but I really believe in using, doing as much in house as possible, and you are going to be dealing with Ask Creek, where you are going to have people coming and going for a long period of time. Again, I wanted to know what experience they had with the system and you say “yeah, we have them everywhere”. According to this gentleman here, they have them in the County and he told me there were none. So I don’t know if he has even seen one.

Councilmember Cundick, could you tell us who is overseeing the contracts that are in place now in Washington County?

Roger Owley, Robert Beers down at the County for the State District. They check every one of our systems and Keith Neil, he is the guy that actually goes out and checks them too. So these guys are in charge of the State and the Five County’s around here. They approve all of these and go out and check them. They go once a year for the first four years, or five years, and provide that to the State.

Councilmember Cundick, I understand that, my question is who would fulfill the same function that we are looking at here?

Mayor Peterson, maintaining them, as opposed to inspecting them, at the State or County level.

Roger Owley, basically we maintain them when they get to that point. We went out to one that has been in place for 10 years this morning and fixed a controller. So as far as maintaining, we have a system and this would be the same way, the homeowner will go out and check them once a year and turn the pumps on and make sure they are running right and that’s it. If it is not running right, it has an alarm system that goes off.

Town Councilmembers asked Roger to provide a list of who is serving as the body politic on the systems that are currently operating in the County and discussed it further.

No action was taken.

f. Discussion and possible action regarding Canyon Creek change orders

Mayor Peterson, I had a discussion with Karl today, we also have Daren here this evening. What Karl suggested is that he and Daren do some checking on some things and call me tomorrow afternoon in order to get additional information regarding these items. What he suggested is, there was 290 tons of material for backfilling the walls, which we actually utilized an agreement with Rocks N More, which is Mark Osmer in order to do the work. That was the special meeting we had at Town Council Friday morning. Also, large boulders were positioned along the road bank. The other items that are left are asphalt for patching of the roadway estimated at 300 sq. feet, at a cost of $1350.00, removal and replacement of the guardrail at a cost of $1200.00 and then traffic control devices that have been in place for the past thirty days, for $420.00. Daren is it accurate at this point those items, 1 and 2, were addressed over the weekend?

Daren Cottam, yes.

Mayor Peterson, at this point, it would be getting additional information from the conversation with Karl, Daren, and whatever they ascertain when they call me tomorrow. So I think it is more of a discussion. My question to Karl that he said he would look into was, was the asphalt damage inevitable, or was it an effect of the excavation being done. Similarly I inquired about the removal and the replacement of the guardrail having not been included in the original bid, was it the result of some extraordinary circumstance that would have been overseen at the time that they placed the bid, because we certainly didn’t install a guardrail from the time the bid was submitted until the time the work was done. Then I think it is minor with the traffic control devices, but just understanding the need for those.

Daren Cottam, as far as the asphalt repair, the edge of the road was soft and I have been involved in this a lot more than Karl has. I have been the inspector on this project and the road sluffed off because the softness of the edge of the roadway. If you go look up there now where Mark was working, there is some damage taking place and we kind of figured 300 square feet, kind of high, because we had to get it backfilled last week and there might be more damage on the roadway. We were using back hoes and mini excavators, so that part, I don’t think there was any way you could have excavated behind those walls and demolish those walls without having equipment right there. Then Karl told me to let the contractor know to remove the guardrail. It was basically just hanging down in the way of doing work, so there was a possibility of it being damaged. That is why the guardrail was removed. The traffic control devices was basically because the road sluffed off and there was a 12 to 15 foot drop off right there because the area had been excavated and formed up so they could poor the wing walls. It was basically on the south side where the damage occurred. So those three items I can tell you in my opinion were warranted. There is not much the contractor could have done differently to try to get away from doing those things.

Councilmember Sheltman, was all the work done by the same company?

Daren Cottam, Stout Concrete was the General Contractors and they subbed out the excavation. I think that’s why you got the low bid. The other two companies were a lot higher. I know Progressive would have subbed out the concrete and the other wouldn’t have done both either I don’t think.

Councilmember Sheltman, what was the original bid.

Daren Cottam, the original bid was $32,000.00

Councilmember Sheltman, and the $8530.00, where did that come from?

Daren Cottam, we got that from Scott Stratton Construction. He was the excavator.

Councilmember Sheltman, that’s a big miss Daren. I mean we blew that one big. That is what 40%, 38%?

Daren and Councilmember Sheltman discussed the dirt that was used to backfill the walls.

Town Councilmembers and Daren discussed it further. The change orders will be on the next agenda.

No Action was taken.

g. Discussion and possible action regarding Resolution 2017-01, changing the rates paid to the Town Attorney

Councilmembers and Gary discussed Resolution 2017-01. The Resolution is for a pay increase and a change in bonding requirements.

Mayor Peterson asked for a motion to approve Resolution 2017-01, a Resolution approving and amendment to a contract for legal services for the Town of Leeds.

Councilmember Cundick, I so move. 2nd by Councilmember Rohr. Motion passed in a Roll Call Vote.
















9. Discussion Items:

a. Second Quarter Financials

Ralph Reid presented and discussed the second quarter financials with Town Councilmembers.

b. Capital Improvement Fund transfer

Mayor Peterson and Ralph Reid discussed the Capital Improvement Fund transfer. The Town has been notified by the State that the Town’s accumulated surplus is larger than what they would like to see. The unrestricted part of equity cannot exceed more than 75% of your gross revenues and right now it is just over by a little over $12,000.00. A public hearing will need to be held to open and amend the budget to move the money. Ralph suggested moving $25,000.00.

c. Main Street curb & gutter

Town Councilmembers discussed the Main Street curb and gutter project. The Town only has until June 30 of this year to complete the project in order to receive over $100,000 dollars from a UDOT grant that was awarded to the Town. The project has not started because LDWA’s water main relocation is not complete; however, Town Councilmember would like to proceed with the project.

d. Update on Main Street storm water.

Town Councilmembers discussed Main Street Storm Water.

Councilmember Sheltman discussed it and recommended the Town Council approve $2,000 of engineering expenses to cover one block of Main Street to help identity a solution for the storm water.

Jim and Kathy Vasquez stated the problems they are having with the water and described how the water flows through the properties.

Mayor Peterson indicated the engineering expense will be on next month’s agenda; however, if the Town Council approves the expense, he would like the home-owners that are affected by the storm water to coordinate with one another and come up with a solution.

10. Citizen Comments:

Darryl Lewis, thank you for doing what you do. I am very concerned about the discussion of the Town of Leeds becoming a cosigner, or taking responsibility for the investment of a private individual of this Town. That disturbs me a lot. We just finished a discussion where a group of people are having a problem that was potentially caused partially by the city in work they have done in previous times and that becomes a little bit of a problem for the Town to just step up and say “yes, we are going to take care of it”. Now I am hearing that we are possibility willing to take the financial responsibility and the legal responsibility for a private individual’s investment in a piece of property and I think it is a very, very bad thing. We should work as a Town, there are a lot of us, as individual property owners, who would love to have the Town step forward and back us financially with our property in one way or another. It is not the function of the Town. Please consider that on making you final decision on Majestic Mountain because I think it is a big mistake.

Jim Vasquez, thank you for serving, I know it is volunteer. I don’t want to come across aggressive, but we want to get something going with our property. As Darryl was saying with that other thing, as I said with Law Enforcement, I saw a lot of communities that had association where the associations was voted out. As a matter of fact, I have a friend in Hurricane and there is a large group there where they got rid of the association. Now they have all this stuff and not knowing how they are going to pay for stuff, but they got rid of the association. So just food for thought for you for all that you consider with Majestic Mountain, because there is going to be an association, I am assuming, that is how the fees are going to be collected. In California, I saw it a lot where people got fed up with the associations and kicked them out.

11. Staff Reports:

Councilmember Rohr, on the issue of the overnight parking at the park, I would thing that a simple change of putting up a sign at least, both on that area of parking, and also maybe in Silver Reef Park, that overnight parking is prohibited at those sites.

Mayor Peterson, I will turn to our attorney, I believe we would have to work it into our Ordinance before we could then put in a sign. I think it is a two step process.

Gary Kuhlmann, you would, especially if you are dealing with parking on public roads. Parking lots are a different situation, a little bit.

Councilmember Rohr, these are parking lots.

Gary Kuhlmann, you will need to work it into you Ordinance on parks to prohibit that, or they can go park on the street, that’s another question.

Councilmember Rohr, not Land Use, but Park Ordinances.

Gary Kuhlmann, I don’t think you need to have it in your Land Use, it is dealing with parks. It is not a Land Use issue, it is a park issue.

Councilmember Rohr, we already have a sign up at the Silver Reef Park that is for around two cars, maybe, about certain issues, but I can’t remember if it says no overnight parking already.

Gary Kuhlmann, we would have to look at our current Park Ordinance to see what it says and modify it if we needed to prohibit overnight parking; otherwise, we have no enforcement.

Councilmember Rohr, State Legislators are looking at short term rentals next week. I think we are going to have to be looking at that to see how it is going to be affecting our Town and issues that we have dealt with in the past and maybe Ordinances that we have.

Town Councilmembers and Gary discussed it further.

Councilmember Rohr, indicated on May 5th or the 7th the ULCT is doing there mid-session conference.

Mayor Peterson responded if any members of Council are interested in attending, to let him know.

Mayor Peterson, I don’t know the exact audio Elliott, but I am willing to have conversations about Planning Commissioners. I do believe there were some discussions on whether or not it should be held in public. I don’t believe it benefits this Town to unnecessarily have individuals’ names discussed who might have considered being on and decided not to be on a Planning Commission, or any other role in the Town, but I would be happy to speak with you one on one and let you know the status of that.

Councilmember Sheltman, there were not any names mentioned, but that is why we were going to do it that way. It was going to be on the infowest site if you check the minutes, it was going to be on the infowest site that you were going to post that. Check the minutes or the audio.

Mayor Peterson indicated he was at a quarterly water meeting and the snow pack is at 180% of normal and at the DTEC meeting, their spending plan for the metropolitan planning organization was discussed. The two projects Leeds is on in a suspected time frame of 2035 are the four way interchange north of Town, and a road that connected across the Virgin River to Toquerville.

12. Closed Meeting:

13. Adjournment:

Councilmember Cundick adjourned the meeting.

Time: 9:52pm.

APPROVED ON THIS _____________DAY OF __________________________, 2017


Mayor, Wayne Peterson



Kristi Barker, Clerk/Recorder