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Minutes of the Hurricane City Council meeting held on August


									Hurricane City Council minutes 8-18-2011                                                             1

Minutes of the Hurricane City Council meeting held on August 8, 2011 at 5
p.m. in the Council chambers at 147 N. 870 West, Hurricane, Utah
Members present: Mayor Tom Hirschi, Council members Mike Jensen, Darin Thomas, Kevin
Tervort, and John Bramall.
Members excused: Council member Pam Humphries

Staff members present: City Manager Clark Fawcett, Assistant City Manager Kaden DeMille,
Police Chief Lynn Excell, City Attorney Fay Reber, Public Works Director Mike Vercimak, City
Engineer Arthur LeBaron, Ash Creek Special Service District Superintendent Darwin Hall, and
Planning Director Toni Foran.

5:00 p.m. Pre-meeting - Discussion of Agenda Items, Department Reports
Kaden DeMille reported he talked to DJ about the Mountain Bike Festival beer garden. She, her
husband, and another gentleman will be selling the alcohol. Mike Jensen questioned whether
the applicants are providing the information needed for their application or whether Kaden has
to contact them and spend time on it. Kaden said he has spent a lot of time on this application.
He has asked the Council to reconsider their approval of the beer license because the Springdale
Brewing Company will not be providing the beer and doing the serving.
Mayor Hirschi said he would rather not allow alcohol at the Park. Any beer can be located
somewhere else.

Lynn Excell said people who do these events usually are ready with the State long before this.
There are concerns by the State if it is this close to the playground or the community center. It
was clarified a private party can hold a party at their home where beer is served without this
type of license. Kevin Tervort pointed out the liability with serving alcohol.
Chief Excell explained security must be provided by a licensed security firm in security uniforms.
The layout indicates the need for one guard at each corner and perhaps one in between.

Chief Excell reported a drug task force raid in Kane County was held yesterday and another raid
is being conducted in Beaver County today. It appears the marijuana grows are all connected and
are even connected to one in Morgan County. The growers have spotters and no people were
arrested in relation to the Kane County grow, as they are warned of approaching officers. The
local officers who work overtime are reimbursed through the drug task force grant.
Copper thefts and thefts at Ballard Wrecking are being investigated with some good leads.
The Sunday evening suicide or accidental shooting was well investigated.
Police officers are serving warrants tonight on citations, as well as working DUI shifts. They are
all working hard and doing everything they can to improve safety for Hurricane City residents.

Mayor Hirschi asked about parking problems during the football games because of the
construction. Chief Excell told him he has been told the handicapped route will be from the
north high school parking lot, down the driveway, up State Street, and over to the stands. He will
watch the situation the first game night and see what happens. The School District told the
Police Department parking for the football games is not the District’s responsibility.

The policy manual item on the agenda tonight is just some updates to keep the Police
Department policy current and there are no major changes.
Hurricane City Council minutes 8-18-2011                                                            2

Mike Vercimak asked if everyone received a copy of the 2010 work order for a water break on
South Main, which might be related to the claim the property owner is making that the sewer
lateral settled as a result of a leak and the City should be paying to replace the sewer lateral.
Darwin Hall clarified the lateral is of “orangeburg” material that is like compressed tar paper.

The group discussed the policy requiring property owners to be responsible for their sewer
laterals because they drain from the residence to main. Mr. Hall said 90% of the cities with sewer
systems have this policy. Most blockages caused by a property owner will occur in the line from
the house to the main.

Mayor Hirschi said the policy should be that laterals are replaced when a replacement road is
built to prevent future damage to new roads when laterals fail.

Arthur LeBaron explained the orangeburg material is always going to fail as it is just not a good
material. Darwin said the material was considered “top of the line” in the 1970’s but has not
proven durable.

Mike Vercimak said the City has recommended posting of 5 MPH signs to keep the dust down
due to speeding cars. The balance between dust and mud is being monitored. Nils Fugal finished
the gas this week. Mayor Hirschi recommended a finer water spray to keep dust down without
creating mud.

Darwin Hall said the District has checked the records and Shane Mangum never called the sewer
district and reported a lateral problem.

Mike Vercimak reported A-T Asphalt came through and had the 600 North walking/biking path
paved before school started. The West Well is up and running and the Toquerville water line
connection was completed today. Mike Jensen asked if that explains the high pressure in the
culinary system in his neighborhood. Mr. Vercimak explained the hard water often plugs up the
pressure regulators. Two regulators – one at the meter and one in the house – were
The City is waiting for the Church Farm to finish their new fence so the City can move forward on
a walking path for the students along 700 West. The posts for the new fence are installed.
The Streets Department finished hauling in the clay for the bicycle pump track. Wal-Mart
employees will be coming to help build the track and there will be a match of money from Wal-

Arthur LeBaron read his list of updates. UDOT and the RPO are pushing for studies of Purgatory
Road; Babylon Road including a crossing over the Virgin River; the Toquerville by-pass road; and
another interchange in Leeds. They are asking for about $50,000 of COG money. The Southern
Parkway plans are ready for bid and Arthur suggested UDOT is planning on earth work being
done over the winter.
He recommended not holding a ribbon cutting for SR-9 during Peach Days but waiting a little
later in the year. Mayor Hirschi recommended having the trees that are sick or dead replaced
while they are still under warranty.
Hurricane City Council minutes 8-18-2011                                                             3

Diamond Ranch Academy has construction drawings signed. An agreement for deferring
construction of the 500’ frontage of Sand Hollow Road improvements is still needed. This project
was reviewed as quickly as possible.

Mayor Hirschi said he was told by American Heritage Contractors that Hurricane is a jewel to
work with for a building permit.

Fay Reber mentioned the 1st meeting in September will include a hearing on the condemnation
proceedings for the Elim Valley property regarding the drainage easement for Dixie Springs
phase II.

Toni Foran asked about the helicopter business proposed in the old Stock Lumber yard. The
applicant has provided all the necessary information and “outdoor recreation” facilities are
permitted under the Land Use Code. Possible dust or excessive noise are concerns, though the
applicant says his helicopter is much quieter than the one that regularly lands at Ted and Allens.
Fay Reber said Springdale Town has declared helicopters a nuisance. Council members asked if
the applicant could schedule a test run to demonstrate how well the helicopter would coexist
with the surrounding businesses.

6:00 p.m. – Call to order
Mayor Hirschi called the meeting to order at 6 p.m. He asked if anyone would like to volunteer to
offer a prayer or thought or lead the Pledge of Allegiance to the flag. Steve Meyer led the Pledge
of Allegiance and Andy Ballard offered a prayer.

Approval of 05/19/2011, 06/02/2011, and 08/05/2011 City Council meeting minutes
John Bramall motioned to approve all the minutes, seconded by Darin Thomas. Motion
unanimously approved with Mike Jensen, Darin Thomas, Kevin Tervort, and John Bramall all
voting aye.

Youth city council report – Sadie Buehler told the Council the Youth City Council is planning on a
float in the Peach Days parade. They are also discussing ways to discourage the vandalism at City
Parks. They were encouraged to contact the Police Department and to emphasize in assemblies
how much vandalism costs. City staff can provide figures on the cost to build a park and maintain
Mike Jensen offered to use City Council contingency funds to supply candy for the Peach Days
float. All the Council members present agreed.
Clark Fawcett asked the Youth Council to contact Kathy Excell about helping with the bounce
house at Peach Days.

Public Hearing to take comments on the proposed amendment of Dixie Springs Subdivision,
Amended and Extended, Plat C for the purpose of creating a detention basin area-Clark
Darin Thomas motioned to open a public hearing, seconded by John Bramall. Motion
unanimously approved with Mike Jensen, Darin Thomas, Kevin Tervort, and John Bramall all
voting aye. Public hearing opened at 6:12 p.m.
Clark explained the detention basin contains 20 lots that are either being exchanged or the lots
are being purchased by the City to facilitate the creation o f the detention basin. There were no
public comments.
Hurricane City Council minutes 8-18-2011                                                            4

John Bramall motioned to close the public hearing, seconded by Darin Thomas. Motion
unanimously approved with Mike Jensen, Darin Thomas, Kevin Tervort, and John Bramall all
voting aye. Public hearing closed at 6:14 p.m.

Consideration and possible approval of an ordinance vacating the plat for Dixie Springs
Subdivision, Second Amendment and Extension, Plat C, approving the Third Amendment, and
vacating a portion of 2370 South Street-Fay Reber
Fay Reber reminded the Council they must make finding that this plat amendment does not
materially affect any property owners in the plat. Lot owners whose property backed up to the
detention basin were notified and none have appeared.
He told them there are some other things that must happen before the ordinance is recorded
and it would only be recorded if the improvement project for Dixie Springs moves forward. The
Council can approve the ordinance subject to staff approval of all conditions.

John Bramall motioned to approve the ordinance vacating the plat for Dixie Springs Subdivision,
Second Amendment and Extension, Plat C, approving the Third Amendment, and vacating a
portion of 2370 South Street-pending the final finding of no injury of persons and property and
the finding that property owners are not materially affected by the amendment, and pending
staff review of approvals prior to recordation, seconded by Kevin Tervort. Motion unanimously
approved with Mike Jensen, Darin Thomas, Kevin Tervort, and John Bramall all voting aye.

Discussion regarding sewer laterals on South Main-Shane Mangum
Mr. Mangum said he was concerned with his sewer lateral being affected by a water leak a year
and a half ago, after which the road sank. He had the lateral cameraed during the South Main
project and was told the lateral is damaged. He expressed the opinion the City should be
responsible for the replacement cost because their water leak caused the damage.
It was pointed out the sewer district was never notified of a need to check the lateral after the
water break.
The Council determined they needed some more facts before making a decision.
Mike Jensen motioned to investigate the situation and come up with a finding, seconded by
Kevin Tervort. Motion unanimously approved with Mike Jensen, Darin Thomas, Kevin Tervort,
and John Bramall all voting aye.

Consideration and possible approval of a revised Police Department policy manual-Chief Lynn
Chief Excell explained their manual is developed by Lexipol, at the recommendation of the City’s
insurance with the Utah Local Governments Trust. Updates are done semi-annually based on any
changes in the law and any court cases. This is the July revision.

John Bramall motioned to approve the revised Police Department policy manual, seconded by
Kevin Tervort. Motion unanimously approved with Mike Jensen, Darin Thomas, Kevin Tervort,
and John Bramall all voting aye.

Consideration and possible approval of waiving the vendor fee for the Lions Club and
American Legion at Peach Days-Steve Meyer
Hurricane City Council minutes 8-18-2011                                                                   5

Mayor Hirschi said he talked to the Peach Days Chairman, David Stirland, as this is a Peach Days
Committee question. They handle all the booth space and vendor spaces for Peach Days. Mr.
Meyer did not feel the Council should defer this decision to the Peach Days Committee.

John Bramall motioned to approve whatever the Peach Days Committee decides, seconded by
Mike Jensen. Motion unanimously approved with Mike Jensen, Darin Thomas, Kevin Tervort, and
John Bramall all voting aye.

Consideration and possible approval of a sponsorship for the St. George pioneer trek
Mr. Ballard explained the St. George City is sponsoring a wagon trek from Parowan to Saint
George to commemorate the 150th anniversary of the Cotton Mission. He is planning to drive a
wagon on the trek. He asked the Council to sponsor his family and Leon Gubler for the whole
trek, and John Nelson for two days. The cost is $240 each for himself and Leon Gubler and $40 a
day for John Nelson.
Mike Jensen motioned to approve sponsoring one wagon at $240 and having the other teams
petition other cities for support, seconded by Kevin Tervort. Council members discussed the
motion and the possibility of having Mr. Gubler and Mr. Nelson petition Toquerville and LaVerkin
for support. Mr. Ballard told them his deadline for paying the fees is already past and he needs a
decision. Mayor Hirschi called for a vote on the motion. Mike Jensen, Darin Thomas, Kevin
Tervort, and John Bramall all voted no. Motion failed.
Council members suggested the other communities be approached for money to help with the
supplies needed for the trek.

John Bramall motioned, to support both teams at $240 each and John Nelson for two days at
$40 per day, seconded by Kevin Tervort. Motion unanimously approved with Mike Jensen, Darin
Thomas, Kevin Tervort, and John Bramall all voting aye.
Mr. Ballard asked for a Hurricane City banner to be displayed on the wagons.

Mayor, Council and Staff reports
  Mike       Power, Sewer, Economic Development, Hurricane Valley Fire District
  Jensen     Mike said he was pleasantly surprised at the content of the UAMPS convention he attended.
             Clark said he talked to Chief Excell about some security cameras and Chief Excell confirmed
             he will be meeting with a vendor in the morning. He suggested a camera that works on a
             cellular system with the ability to move the cameras around to different locations. Interstate
             Rock used a game camera to catch a thief on their property. John Bramall recommended an
             inexpensive game camera.
  Kevin      Golf Course, Streets & Drainage, Industrial Park, Youth City Council
  Tervort    He said he feels the Youth Council is doing very well.
             He told the Council about some concerns presented to him regarding trees by the Streets
             Superintendent. The Council members looked at the problem situations Toni photographed
             for Larry Hutchings, the Streets Superintendent, and incorporated into a Power Point
             presentation. Larry’s recommendation is that property owners trim the trees or the City will
             come do it for them at a cost. Trees in the corner triangle where signs are located are also a
             problem. Code Enforcement Officer Lance Gifford has sent out some letters about trees and
             shrubs. Mr. Tervort said, “ If someone is not able to take care of it, then the City would need
             someone who has a little more training as far as an arborist to do the trimming. “
             All agreed the ordinance needs to be improved and adopted. A height of 14’ for trees over
             streets, like the cables are supposed to be over roads was mentioned.

             Quentin suggested no left turns on to 100 East and SR59. Lynn Excell will talk to Robert
Hurricane City Council minutes 8-18-2011                                                                    6

             Dowell of UDOT.
  John       Ambulance, Animal Control, Cemetery, Hurricane Valley Fire District, Solid Waste
  Bramall    John echoed positive feedback from UAMPS member conference .He said low power rates
             should be a bragging point for this area. Glad we went.
             There will be a Hurricane Valley Fire District meeting on Saturday to work on numbers.
  Darin      Recreation, Parks, Swimming Pool, Board of Adjustment, Historical Preservation
  Thomas     Asked Clark if Bryce came today. Bryce King, the new Recreation Director came through
             today. He will not start employment until the 12 of September. He was excited and
             surprised at the size of the buildings. Julie feels better about the situation after meeting
             with Clark; though she feels more part time people would have been better at the
             community center.
             Grandpa’s Pond meeting today – seemed to go well. They are worried the City is not going
             to finish a park. The property may be purchased as there is money budgeted for a park.
             Washington County race this past Saturday thanked the City for the help during the race.

  Mayor      Airport, Administration, Building, Police – He got a call from Kevin Louie of the FAA and they
  Hirschi    would like to meet with the Airport Board and the City Council before Armstrong comes into
             the meeting.
             Mike Vercimak said he was told the meeting is the 29 .
             Susan Johnson has volunteered to be chairman of the Christmas Tree Festival. Sandra Adams
             will not longer be the chairman. It will be the first week in December.
             They want to sell lemonade on the Heritage Park property to benefit families who lost
             family members.
             The splash pad recently was used by visitors in Speedo suits and Mayor Hirschi said it was
             unseemly. He suggested a rule that nobody can be at the splash pad unless a person is there
             with kids or no swimsuits unless people are under 18 years of age.
             Dixie Legacy wants the City of Hurricane to have a booth at their event from 10 a.m. to 5
             p.m. and give a presentation on what is special about Hurricane.
             Discussed Ipads for the Council members. They would enable the use of electronic meeting
             Council members agreed to get ipads

Consideration and possible approval of a beer license permit for the Hurricane Mountain Bike
Festival-Quentin and DJ Morisette
DJ said she has been talking with Margaret at the Alcohol Department. Quentin, their mechanic Dave,
and friend Monte will get certified by the State to serve beer. Council members asked, if there is time
to get trained and have the application in on time. She told them she is aware that everything must be
turned in to the State by September 10 th.

She asked if there were other questions or concerns. Mayor Hirschi said he feels having beer in the
City Park is not something the City should be opening up, stating, “If it was a private venue, I would
not have any problem. With the splash pad and playground right there, I am really worried about it.”

Ms. Morisette told them the beer garden will be at 6 p.m. to 10 p.m. and that will be dark in October.
Children will not be at the splash pad or playground.

Quentin assured the Council the beer garden will be mild and not wild and crazy. The attendees are
usually professional people between 30 to 50 years of age who want to get up and ride in the
morning. Mayor Hirschi clarified he is concerned with setting a precedent so any applicant for any
event at the community center would think they have the opportunity to serve beer. Quentin said they
Hurricane City Council minutes 8-18-2011                                                                7

will close it down if it gets out of control and respect that the City has the ability to deny it in the
Sergeant Buell’s comments including fencing and security were discussed. DJ said they have
Mike Jensen said it is late in the game to disapprove this but the applicants will still need to take care
of a lot of details.

John Bramall motioned to approve the single event beer license for the Hurricane Mountain Bike
Festival providing they meet all the requirements by the local and state authorities and ensure servers
have certification with the provision this approval is for this event this year only. Motion seconded by
Mike Jensen. Motion unanimously approved with Mike Jensen, Darin Thomas, Kevin Tervort, and John
Bramall all voting aye.

Staff reports: Clark Fawcett announced the City has been notified it is the recipient of a Land and
Water Conservation grant for the 2600 West Park. The grant is not for the full amount requested in the
application Toni wrote so it will be a phased park and will include two pickle ball courts in the first
phase. He warned the Council the City will have used all of its impact fees between this and $400,000
for Grandpa’s pond. The City might have to drop back the number of acres for Grandpa’s pond,
depending on design and cost estimates. He said he hates to pass up a grant, but it will make it
difficult to approve any future park improvements for a long time.
The Grandpa’s Pond Park will be used for parties, family reunions, fishing, picnics, and other low
impact activities.
Mayor Hirschi explained the City agreed to build a park at the pond. Interstate would provide the
property, the WCWCD would keep water in the pond, and the City would build the park.

Adjournment – John Bramall motioned to adjourn, seconded by Darin Thomas. Motion approved with
Mike Jensen, Darin Thomas, Kevin Tervort, and John Bramall all voting aye. Meeting adjourned at 7:26

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