Gunnison City Council Meeting Minutes

Wednesday, November 16, 2016, 7:00 PM

Gunnison City Hall, 39 West Center

Gunnison, UT 84634

Present: Mayor Bruce Blackham, Gunnison City Councilmembers: Robert Andersen, Thayne Carlisle, Blake Donaldson, Andy Hill and Blane Jensen, City Recorder Janell Braithwaite, Office Tyler Donaldson, Gunnison City Attorney Mandy Larsen, Centerfield City Attorney Steve Styler, Robert Stevens with the Sanpete Messenger and citizens: Kim Pickett, Michelle Dalley, Bryan Young, Randon Anderson, Carolyn Peterson, Fred Harris, Jay Clayton, Cheree Kahrs, Reverand Jerome Trafny, Albert Park, Dauna Park, Diana Lambertsen, Terry Madsen and scouts Gabriel Parsons and Ben Shell

Conducting: Mayor Bruce Blackham

Invocation: Councilmember Andy Hill

Councilmember Jensen reported P&Z Chairperson, Michelle Smith, would not be able to make it to the meeting until later in the evening at which time she would be able to discuss the first agenda item regarding the Good Landlord Program (GLP) as listed.

Public Comment

Reverend Jerome Trafney stated he was in attendance representing Nancy Peterson who has three rental properties in Gunnison. He reviewed the research he had done on the Good Landlord Program (GLP) exclaiming they were opposed to the Good Landlord Program and listed the reasons why. He stated the GLP was in contravention to federal statute of 1988 of the covenant of Wyatt and Joyman which regarded leases between a landlord and a leaser. Federal law already provides certain statutes that a landlord has to provide for a tenant, and for a city to get involved in that contract it is a contravention to the federal law. He stated that was in Manchero vs. Meacham 401, Massachusetts 88519 NE 2nd1337-1938.

Proposed Approval of Airport Expenditure for Maintenance Work, UDOT Funding Available ~ Councilmember Andersen

Councilmember Andersen noted UDOT has this money available periodically, and they have worked well with the rural airports to help keep them serviced. He noted they have actually adopted these runways as part of their roads and right now they have basically a $100,000 grant available, and if Gunnison City and Salina City would each approve a $5,000 match then they would be able to obtain $90,000 from UDOT. He noted Salina City has already approved their matching amount of $5,000. Councilmember Andersen would like to see this approved so they can get this project moving along since the engineers cannot move forward until they know that both cities have approved their share of the match. He reported this money will be used for some repair work on the runway. Councilmember Carlisle reminded the Council of Charlie Hammond's willingness to help with this matching amount, and noted if he did come through then the funds utilized could be reimbursed at that time.

Councilmember Andersen made the motion to approve a $5,000 expenditure as a match for the UDOT grant noting $3,500 would come from the airport fund and $1,500 from the economic development fund. Councilmember Jensen seconded the motion. The motion passes with a 5-0 vote.

Proposed Approval of Hiring Part-time Crossing Guard ~ Councilmember Jensen

Councilmember Jensen reported there had been two applicants for the position, and it was his understanding Chief Halliday had spoken with both of them, and Chief Halliday has asked that Crystal Olsen be approved for this position by the Council. The discussion ensued on the applicants and the position.

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Councilmember Andersen made the motion to approve Crystal Olsen as the new part-time Crossing Guard. Councilmember Jensen seconded the motion. The motion passes with a 5-0 vote.

Proposed Approval to Accept Offer for City Commercial Property Located at Approximately 155 South Main ~ Councilmember Donaldson

Councilmember Donaldson reported he needed to discuss the details of this property transaction in an executive session then either move towards a vote later on in the meeting or at a future meeting.

Discuss New Water System and Exercising of Valves

Councilmember Donaldson expressed his desire to come up with some kind of a schedule to assure that all of the valves were properly exercised. Councilmember Jensen informed the Council that a GPS unit had been ordered for Supt. Childs to aid him with this process of scheduling and documenting.

Terry Madsen commented on the increased water pressure throughout the lines in several of the homes in the city noting his pressure ran in excess of 120 pounds, and he has never heard of that in any other community. He reported he had lost several taps within his house because of this extreme pressure. Councilmember Andersen stated there had been a notice sent out to each household early on in the quarterly letters regarding the new water project requesting citizens to check their water pressure. Terry stated he had installed a pressure regulator at his house and summarized the cost and details of placement. Councilmember Donaldson reported he would discuss this with Supt. Childs as well as the engineers to see what needed to be done. He stated he would also follow up with the valve maintenance.

Discuss City Beautification Ordinance and Maintaining City Right of Ways

Mayor Blackham reported he had received a phone call from a citizen on the east side of town who was concerned about all of the cars and junk that accumulate on the city right of ways. Mayor Blackham acknowledged this topic has been discussed before, and Councilmember Carlisle reviewed the city nuisance ordinance feeling that the same approach could be taken again this year as in previous years in having letters sent to those out of compliance and/or having the police officers go out and talk with the owners to see if they would move their old abandoned vehicles voluntarily, and if they don't then the City would need to go to the next step.

7:23 p.m. Diana Lambertsen arrived

Councilmember Hill described the cleanup efforts that took place in the spring, and how well they went for those that were asked to clean up their problem areas. He also reported how well it had worked to offer some help for those needing the extra help.

Terry Madsen reported on an implied easement on his property where the sewer line runs right through the center of his property on Main Street noting there is not anything marked on a plat map and the problems this has created for him. Councilmember Andersen requested Terry contact him so they can get with Supt. Childs to see what can be done to help him out on this. Officer Donaldson summarized the capability Peterson's Refrigeration should have to help with this because of some of their new equipment.

Discuss Employee Christmas Party

Recorder Braithwaite expressed the employees desires to simplify this year and just have a luncheon rather than a big party since there is so much going on right now. The Mayor and Council unanimously approved to hold a Christmas luncheon on Thursday, December 15th at noon.

Proposed Approval of Bills and Adjustments

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Councilmember Jensen made the motion to approve the bills and adjustments as presented. Councilmember Hill seconded the motion. The motion passes with a 5-0 vote.

Future Items

Legacy Wall: Mayor Blackham announced the City had been awarded a $25,000 grant for support of the Legacy Wall project from the Eccles Foundation. Mayor Blackham congratulated Lori Nay for all of her hard work and thanked her for her efforts to obtain this grant.

Discuss Good Landlord Program with Proposed Approval to Proceed ~ P&Z Chairperson, Michelle Smith

Mayor Blackham asked those in attendance to share their feelings about the Good Landlord Program (GLP). Albert Park reported he has a rental house in Gunnison, and has not had any problems with renters. He felt the GLP was bad business, and would make people not want to have rentals in the City should this be put into place. He noted they have contracts for their own rentals to take care of their tenants, and wondered why the City doesn't have contracts with the citizens. He stated the rentals are clean, and if you were to drive around the City to find the top 10 "bad" locations that more than likely none of them would be rentals because that is just bad business for those owners. Fred Harris commented the owners take care of their properties. Albert mentioned he had recently gone to a meeting held by the county for property taxes and felt they are pushing everyone out.

Rev. Jerome Trafny stated he has done some research on the cities in Utah that have started the GLP, and they are having troubles because of the federal laws that were already in place, and someone's standard of living cannot be imposed upon someone else. He exclaimed every ordinance has to be based on federal or state law, and this would be a lot of legal expense for the City.

Bryan Young reported Centerfield City implemented the GLP and they increased the business license fees through the roof. He stated it is a cancer. It affects your property values and is a huge red flag for investors. He stated there are just a lot of people in the valley that can't afford it. He reported the population of the Ogden City's homeless shelter exploded after Ogden passed theirs because it pushed people out of housing. Bryan stated he did not want any more government in his life.

Councilmember Hill declared this agenda item was simply to open the dialogue for the GLP and hear what information Chairperson Smith is bringing to the Council. He verified there would not be any decisions made or voting taking place at this meeting regarding the GLP.

Councilmember Carlisle thanked all of those in attendance for taking the time to attend and let their opinions be known.

Kim Pickett stated he owns rental units and also lives by rental units, and questioned if there were any current problems within the City with rentals. He stated he hoped the City didn't go too extreme on this. Bryan Young questioned why the City couldn't make their own community board to help with this issue. Councilmember Jensen reported the City is restricted on what they can do since the State Legislature passed the legislation on this GLP. He stated he certainly wouldn't want to go forward with something if it stunted the growth of the City.

Michelle Dalley stated she has rental properties, and she felt the GLP has been a cancer to Centerfield City where people that had rentals aren't renting anymore, and can't afford to rent anymore because it was just too expensive. She felt if a person was to drive around Centerfield they would see all of the empty homes, and Gunnison just couldn't afford to do the GLP. Michelle brought up the prison expansion that is going to be taking place, and questioned where all of those new employees were going to live if there were no rentals. She also stated she isn't making any money on their rental right now, and if they have to increase the rent to pay for the increased fees then the people wouldn't be able to afford to rent. She stated it is just not good for the community.

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Fred Harris explained he had been renting houses for about 30 years, and hasn't had much problem. He explained it really bothers him when someone wants to come in and tell him how to take care of his rentals. He noted if he judges poorly and does get some bad renters then he is the one who has to pay for it--no one else.

Councilmember Hill explained everyone would all like government to stay out of our business as much as possible, and questioned the owners of the rental units if there was anything the City could do to help them in their businesses. Some ideas were brought up, but they were more on state and federal levels that the City would not be able to help with.

Jay Clayton expressed the importance of the Council educating themselves prior to making any decisions. He stated it has not worked in Centerfield and didn't want to have to pay for Centerfield's Code Enforcement Officer. Councilmember Carlisle reiterated the fact that this was a dialogue only, and no decisions would be made tonight. He stated Gunnison City wants people in Gunnison, and will not rush into anything. Councilmember Hill questioned Bryan Young on what process he goes through to get people in his housing once they are built. Bryan reviewed the process that he goes through before allowing any renters into their units. Bryan stated there is nothing that the GLP would do for him that he doesn't already do for himself except charge him more money. Officer Donaldson felt the GLP had been a help to Centerfield City, and he reviewed some of the problems they had prior to the GLP.

Councilmember Jensen thanked all of those who took the time to attend and let their concerns be heard.

Closed Session

Councilmember Donaldson made the motion to move into closed session pursuant to the Provisions of Section 52-4-5(1) of the Open Meeting Law for the purpose of (d) strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the public body from completing the transaction on the best possible terms. Councilmember Andersen seconded the motion. The motion passes with a 5-0 vote.

8:10 p.m. Closed Session. Everyone left but the Mayor and Councilmembers.

Councilmember Carlisle made the motion to close the executive session. Councilmember Hill seconded the motion. The motion carries with a 5-0 vote.