Present: Mayor Karl Wilson; Council-members:  Scott Stratton, Ray Justice, Hugh Howard; Staff:  Kyle Gubler, Derek Imlay, Troylinn Benson, Kevin Bennett, Lloyd Watkins, Katie Wilson; Public:  Ken Rash, Lynn & Chris Maxwell, Josh & Kristy Jackman, Launi Schmutz, Randy Reeve, Ira & Bonnie Timothy, Ryan Leavitt

A. Meeting Called to Order - Invocation and Pledge of Allegiance by Lynn Maxwell

B. Appointments: none

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.      Agenda

3.      Minutes:  June 1, 2011 regular meeting minutes; and

June 1, 2011 executive session minutes

4.      Review Invoices and Checks:  $ 121,587.38

1.      Planning Commission - Kevin Bennett reported since Council-member was not able to attend the Commission meeting.

a.       Reviewed and set a public hearing for animal control in a Public Facilities Zone on June 22, 2011

b.      Cleared up the Hillside Ordinance

2.      Water Board - there has not been a meeting since last Council meeting

3.      Sewer Board - no one to report

4.      Fire District - no one to report

E. Citizen Comment & Request for Future Agenda Items: none

Mayor Wilson responded to a news article made concerning this public hearing.  He stated that La Verkin is doing just fine.  The City has had three years of budget constraints not "woes" as stated in the article.  This year is ending with more revenue and less expenses.  The 2012 Budget has enough surpluses from the previous year to add to the budget.  Mayor explained the surplus and the budget process the Council went through.  He also stated that the Council would like to see more of the public involved in that process.  Mayor Wilson went on to explain the General Fund to the citizens in attendance.

Kyle Gubler gave a power point presentation.  He explained that he had invited members of the School District, Wes Christiansen and Launi Schmutz, but only Launi was able to attend the meeting tonight.

Kyle explained the School Board transportation policy:  K-6 grades are bused over 1½ miles and 7-12 grades are bused over 2 miles.  The main focus tonight was on Hurricane High School (HHS) and Hurricane Middle School (HMS).  The mileage is determined by the front door of the student's home to the front door of the school by walkway and not by "crow flies".  La Verkin and Hurricane paid $600 per month for the 9 month school year ($5400 annually) to bus the ineligible students.  Kyle showed a map of where the ineligible and eligible students live for HHS and another map for HMS.  He read the Washington County School District (WCSD) policy 3.12.1 and 3.12.2.

Launi Schmutz provided the following statistics to Kyle Gubler a couple of months ago.

2011-12 School Year:

9^th grade - 10 ineligible students

8^th grade - 16 ineligible students

26 students from La Verkin were ineligible for busing at $207.70 per student per year.

7^th grade (2012-12 school year to HMS) - 12 students ineligible

That makes 28 students from La Verkin ineligible for busing at $192.82 per student per year.

La Verkin City has no taxing authority or obligation to cover these costs.  The District may pay from their General Fund.

Kyle defined Hazardous Conditions:

a.       Volume, type and speed of vehicular traffic

b.      Age and condition of students

c.       Conditions of roadway, sidewalk and applicable means of access. Students will have to cross State Hwy.

d.      Environmental conditions

Launi Schmutz spoke and gave credit to La Verkin for getting their students to school.  She stated that there is no funding to pay for an extra bus for ineligible students.  She stated that legislators had a bill to decrease walking boundary for K-6 grades to 1 mile and increase 7-12 grades to 3 miles.  Ineligible students will need to fill out a form and WCSD will decide the needs on in individual neighborhoods.

Ira Timothy spoke about hazardous conditions.  His son would have to cross State Street four times every day if he doesn't ride the bus. Mr. Timothy also stated that the route his son would have to take would make him eligible.  Having kids cross the highway unsupervised is dangerous and he would like the funding to continue.

Launi responded that she follows the procedures the School Board makes.  The Attorney General made the pathway rule.

Council-member Ray Justice commented that the City is shorthanded on crossing guards with the funding.  He personally volunteers 2 days a week and has seen how dangerous State Street is and to call it otherwise is foolish.  He also commented on the different seasons and that it will be more hazardous walking in the dark and unseen by drivers.

Launi Schmutz mentioned that School Board meetings are held on Tuesdays and the legislators are thinking of cutting the funding.

Council-member Justice and Launi Schmutz had a discussion about funding.  She explained how transportation is funded.

Mayor Wilson stated that Public Safety does have crossing guards in their budget.  Chief Watkins has asked for more funding but it is unavailable.

Kristy Jackman questioned whether property taxes go to Washington County School District and towards busing and commented that she's already paying for her children to be bused.

Launi stated that the budget is available online.

Mayor Wilson suggested looking at taxes to see how much property tax go towards La Verkin and how much goes towards WCSD.

There was a brief discussion of whether Hurricane will provide crossing guards and where on their side of the bridge.  Kristy Jackman commented that what child will walk all the way to Main Street, Hurricane, which is the safest route and further than 2 miles, when they can cut across State Street and 5 lanes of traffic.

Randy Reeve commented that if one child gets hit will it be worth not paying the $5000.  He is willing to pay more taxes to keep the children safe.

Council-member Hugh Howard brought up that if the radius is changed to three miles then any agreement, if made, would be void.

The Mayor brought up the subject of private enterprise.  Launi discussed that parents can form a co-op and put their money together to pay for busing and other options.  A school related entity (i.e. PTA) cannot help fund.

Launi stated that WCSD would like to have an answer from La Verkin before July.  Mayor Wilson responded that the next City Council meeting is not until July 6^th.

Mayor Wilson stated that he wanted input from the citizens tonight but no decisions have been made yet.  He commented that this problem started when State Street was widened and the new bridge put in and that the mayor at that time (Mayor Stocks) fought for the sidewalk on both sides of the bridge.  That is what created this problem.

Kevin Bennett asked Launi Schmutz if a contract was made what would the cost be to the City.  She answered that she would keep the contract the same ($5400).

Mayor Wilson quoted a city employee that said UDOT created the problem and the School District's responsibility.  The School Board is responsible for the students whether they are bused or not.  It is not the City's responsibility.

Council-member Justice stated his concerns.  13-15 year olds walking in the dark on a busy highway is dangerous.  He believes the taxes he pays should get them to school and the bus is the only way for some children to get to school.  If it's dangerous they should be bused.  His kids have told him that there are not very many empty seats on their bus.  If every eligible student rode the bus, they would not be able to get on their bus.  He believes the School Board should re-evaluate the buses.

Launi rebutted that if there were more kids riding then there would be more buses.  The buses are full.

Tanya Leavitt questioned how the decision will be made and what she needs to do.  She is willing to pay the money.  Mayor responded that it will be on the next City Council agenda.

Launi needs to know quickly.

Mayor commented that everyone wants the busing and the question is how to pay for it.  He stated the feelings of some eligible families.

Council-member Justice questioned if the District allots 3-4 buses and the City pays $5400 then why does La Verkin not have enough buses now.

Launi stated that there is another bus available for emergencies when buses get full.  There will be even less seats for the eligible students.

Council-member Howard stated that there are not even enough seats for the eligible students.

Mayor Wilson closed the public hearing at 6:55 pm.

Kyle Gubler stated that the staff has looked it over and everything looks good.

A beer license was allowed on that site before, so it can be granted again.  Kevin explained that it was tied to the property and not the owner.  Council-member Justice stated that the license should say change of owner and not location.

Kyle Gubler explained that there is a Road Respect drive from Logan to Hurricane.  It is to provide safety for cyclists.  The ZC3 is pushing to pass support.  This is to get residents aware and respectful and also bicyclists respectful of traffic laws.  The drive will be on June 18^th ending in Hurricane with festivities at noon.  Springdale will also have events from 9 - 10:30 am.

Council-member Stratton was reassured that no funds were expected from La Verkin.

Kevin explained that this came about because of a new state law.  This is the same as presented at the previous meeting.  The state changed dates and types of fireworks allowed.  This ordinance will: 1) make us consistent with the state and 2) provide a means to allow restrictions where needed and give us flexibility.

Kevin stated that because of past moisture we have had this year there has been more growth that is now drying out.  There have been more fires here lately from sparks made by humans.

There was a discussion of Winterfest and compliance.

Chief Watkins supports this ordinance.  Mayor Wilson stated that if the ordinance passes and not the following resolution then the city will be in Stage 1.

If this resolution passes and a Stage 2 is in effect, then fireworks will be restricted to public streets and at least 100 feet from the Hillside.

Chief Watkins believes he can make this work and strongly suggests a Stage 2 status.  He stated that Chief Kuhlmann has worked on 30 fires in the last month.

Stage 2 will be in effect until "further notice" meaning until it is changed again.

Restrictions were restated: (1) city-owned property - city parks and city streets; not driveways; and (2) not less than 100 feet from Hillside.

Mayor Wilson recommends a Stage 2.

Council-member Justice stated that he visited Confluence Park and it would not take much to burn the whole Park.

A citizen (Linda Fowler) brought this subject up to the City Council.

A kennel is defined in the Public Safety chapter in the City Code as 3 or more dogs.  This is not technically allowed in many residential areas of our city.  Many citizens have 3+ dogs.

The City has been licensing kennels under Public Safety but it is not allowed in the zoning.

The City needs to define the difference between commercial breeders and pets.

If "kennel" is changed to "more than 3" dogs then we will get away from licensing and regulating costs.  Those with 3 or more dogs are in violation of the City Code right now and Kevin Bennett believes it is over-regulated.  He stated that there are other ways to handle it (i.e. noise ordinance, leash laws)

Chief Watkins stated that Hurricane was licensing these kennels because of our contract with them.  He commented that other cities define 4 dogs is a kennel.

Council-member Scott Stratton sees things differently than Kevin.  He believes kennels make bad neighbors.  Neighbors will complain of the mess and noise.

Chief Watkins stated that he will enforce what the Council decides but this will bring into line what is already being done.

Mayor Wilson stated that when he was on the Planning Commission they wanted to keep the large lots more rural.  He wants to clean some things up and make it clear so the Animal Control Officer will know what to go after.  Our Animal Control Officer will be more on top of it than Hurricane.  Kevin stated that the officer will be limited on how many he can pick up until we have a more permanent facility.

1.      Community Theatre - "Mouse Trap" is a murder mystery for ages 18+, an adult play because there are two instances of swearing.  They will be practicing in La Verkin but the performance will be in Hurricane where they will charge admission but will not have concessions.

2.      Needs a volunteer to build the float for the Council-members for the 4^th of July Parade

3.      Maverik opens on June 24^th.  On June 23^rd the bakery will offer samples at no cost.

4.      Election 2011 - three seats are up for election.  From July 1^st - July 15^th, candidates can pick up packets at the Main Office during working hours.

1.      Officer Jake Bulkley was in a vehicle pursuit last night.  The driver ran a stop light.  Officer Bulkley pursued him to Vintage Park subdivision where he waited for the driver at the entrance/exit of the subdivision.  The driver then drove around Officer Bulkley on the grass and went towards Toquerville where he was stopped.  The driver had a blood alcohol level of .23. Officer Bulkley obeyed policy and did an outstanding job.

1.      Ashley Averett is out on worker's comp until the mid to late August.

2.      There have been multiple breaks in the City

3.      Wrought iron is done around the filters and need to do the final grading on the road.

4.      Mayor Wilson is working hard to make sure projects get done before the end of June.

5.      There was extra money in Parks so they have planted 6 trees in the cemetery and 5 in the lane between the main office and Wanlass Park.

1.      Passed out the financial report

1.      Confluence Park meeting was cancelled.

Jensen: not in attendance

Justice: nothing to add

Beecher: not in attendance

Stratton: nothing to add

Howard: mentioned that mosquitos will be in abundance this year.

Minutes were taken on behalf of the City Recorder by Katie Wilson.