Town Council

Minutes Levan Town Council Special Meeting OHV Usage in Town April 6, 2023 7pm Opening Ceremonies: Welcome: Mayor Bruce Rowley Invocation: Ray Evans Pledge of Allegiance: Amy Lowe Meeting Began at 7:00 pm In Attendance: Mayor Bruce Rowley Councilmembers: Nick Mangelson, Shannon Thomas, Ray Evans, Amy Lowe Meeting Recorders: Christine Carrigan and Judy Smith Others in Attendance: Rebecca Dopp, Chaylee Anderson, Julie Anderson, Glynn Davis, Rilynn Davis, Ronda Ballow, Amanda Ballow, Chantel Davis, Nathan Washer, Rod Jones, Blake Aagard, Bre Aagard, Grace Aagard, Ike Aagard, Haylie Hunter, Rorie Butler, John Washer, Charlene Washer, Kendall Carrigan, Jessica Wright, Beau Wright, Joel Winn, Monique Rowley, Tyler Phillips, Alan Paystrup, Austin Black, Quade Richins, Mike Royce, Steven Brough, Belle Brough, Rod Dolph, Chad Oldham, Marge Dalton, Russ Dalton, Jerry Spencer, Bill Gatley, Chad Hobusch, Don Francom Lenore Francom, JD & Randi Williams, Siala Iputi, Theron Jenson, Molly Iputi, Bret Ballow, Deana Ballow, Brandy Eldredge, Rick Eldredge, Kody Eldredge, Todd Gagon, Steve Peterseon, Jon & Andrea Burton, Rachel Goates, Mike Lloyd, Hayes Dudley, Chet Dudley, Jessica Smith, Patrick Smith, Jerry Mangelson, Wyatt Dudley, Kyle Aagard, Mystic Aagard, Dennis Lowe, Madeline Nuticelli, CJ Nuticelli, Brad Peterson, Tyler Shepherd, Robert Shepherd, Barrett Brooks, Racheal Paul, Kooper Carter, Ashton Boyd, Deon Rosquist, Leslie Twitchell, Linda Suazo, Kate Gwilliams, Dustin Paul, Clayton Sperry, Paul Harmon, Mitchell Larson, Tyler Stinson Mayor Rowley explained that the purpose of the meeting was to gather public input about OHV usage in town. It was not to be a debate or discussion. He said the council would allow two minutes for the public to express their opinion. He asked that there be no profanity or heckling. The Council would like to limit the time to one hour. Discussion Items: Mayor Rowley said that he feels that the problems they have fall mostly on the parents. He said parents need to talk with the kids so they’re not out there abusing their privileges. He then asked Marge Dalton to speak about her concerns. Presentation by Marge Dalton - Petition for responsible operation of OHV on Levan Streets. Marge Dalton said she was there to support keeping OHVs in Levan. She said it was one of the reasons she moved to rural Utah. There are five items on the Petition, and she is primarily there in support of the first item, which is lowering the speed limit for OHVs to 15mph. She said she wants people to continue to be able to camp up the canyon and ride an OHV back into town to buy gas and food. She said there does need to be responsibility from parents. She emphasized slowing down and being safe. She then read the petition items: 1. Establish a 15 MPH speed limit for OHVs, with signage posted conspicuously on town streets. 2. Be public advocates for the safe and respectful operation of OHVs and compliance with state law governing their use. 3. In a systematic way, facilitate the state mandated training of OHV operators of all ages. 4. Reinforce the state training by enlisting the help of respected adult OHV enthusiasts to mentor the rising generation in riding safely and courteously. 5. Involve the Levan Town Youth Council in encouraging their peers to ride responsibly and obey state law. The petition had 135 signatures. The Council thanked Marge for her input. Mayor Rowley said that there were 550 registered voters in Levan so the council wants to hear more people’s opinions so the council can decide what kind of action to take. Sheriff Doug Anderson was then asked to speak about the current laws. Sheriff Anderson said state law controls speeds, equipment, travel routes, safety and registration but allows municipalities to determine lower OHV travel routes and speeds. Currently, in Levan, non-street legal OHVs can travel on all residential streets and the default speed limit is 25mph. He added that ages 0-17 can operate OHVs on all town roads but Levan could limit youth from riding on the paved portion of the road and drive on the shoulder only. Ages 0-17 are required to wear a helmet and be under adult supervision. He said that supervision was defined as within 300’ and visual sight. A 16-year-old with a driver's license does not need adult supervision but still needs a helmet. Sheriff Anderson said there is also an exemption for farm implements. He said an OHV can get a sticker to be classified as a farm vehicle. A farm vehicle does not need to be registered, it just needs the classification sticker and to be road worthy. Operators of farm vehicles do not need a driver’s license or safety certificate. No adult supervision is required. Sheriff Anderson said that the town could set routes for farm vehicles to travel from parcel to parcel. Sheriff Anderson said that highways and interstates are restricted for OHV use. OHVs can cross a highway if there is no other access. He then discussed street legal OHVs. He said OHVs that are made street legal can drive on all streets, not just designated routes. A 15mph speed limit for OHVs would not apply to a street legal OHV. Twenty-four members of the meeting stepped forward to give their opinions. There were five people in favor of at least one point on the petition. One resident was primarily concerned with kids riding ATVs and dirt bikes illegally in the cemetery. One person asked that their name be removed from the petition. The remaining speakers were not in favor of any changes. Overwhelmingly, residents agreed that parents need to be aware of what their kids are doing and the parents that spoke up asked neighbors to tell them when their kids are being disrespectful or unsafe. One youth speaker acknowledges that they sometimes exceed the speed limit but if an adult spoke to them about it, they would respect that person for saying something and be more careful. Many who spoke said that this was not just a youth problem and that many, if not more, problems with speeding and reckless driving are from adults in cars, trucks and OHVs. Mayor Rowley and the Councilmembers thanked everyone for coming to the meeting and sharing their opinions. The mayor said he didn’t want to start arguments or tear the town apart but hear from everyone. He added that council is doing the best they can. The council will meet again next week and decide what actions they should take. Sheriff Anderson added that when the issue came up, he pulled the service calls for Levan. He said there was not one call from a citizen about OHVs in all of 2022. He emphasized that they do enforce the laws and that if you need a deputy, they’ll be there. “If there’s reckless driving, vandalism or unsafe conditions, please call, we’ll respond.” The council thanked Sheriff Anderson for his time. Action Item: Consideration and adoption of a Resolution authorizing the organization of a Local Building Authority for Levan Town, to be named the Local Building Authority of Levan Town and the approval of the forms of the Articles of Incorporation and By-laws relating thereto. Resolution No. 4062023-01 Motion to approve the resolution made by Councilmember Amy Lowe, 2nd by Ray Evans. All in favor. Resolution passes. Adjourn: Motion to adjourn by Ray Evans, 2nd by Shannon Thomas. All in favor. Meeting adjourned at 8:31pm. Christine Carrigan, Clerk