TROPIC TOWN PO BOX 130 TROPIC UT Minutes of the Tropic Town Board Meeting Held March 11, 2010 at 6:30 p.m. in the Tropic Town Heritage Center

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1 TROPIC TOWN PO BOX 130 TROPIC UT Minutes of the Tropic Town Board Meeting Held March 11, 2010 at 6:30 p.m. in the Tropic Town Heritage Center PRESENT: Mayor WaLon Brinkerhoff BOARD MEMBERS: Gaia Greenhalgh, Max Stewart, Jim England and Doug Ahlstrom. Marie Niemann - Tropic Town Clerk; Shauna Talbot Tropic Town Treasurer was excused. OTHERS: Robert Dowell, Steve Kunzler, Travis LeFevre, Brett Chynoweth CALL TO ORDER: Mayor WaLon Brinkerhoff PLEDGE: Travis LeFevre APPROVAL OF MINTUES: A motion was made by Jim England to approve the minutes of the Tropic Town Board Meeting held February 11, Second by Doug Ahlstrom - Motion carried. APPROVAL OF THE AGENDA: A motion was made by Gaia Greenhalgh to approve the agenda with the removal of Marie Barnson. Second by Jim England - Motion carried. THE COMMUNITY JD Woods: A business license application was received from Dolly Willoughby; it is believed it is for a home occupation business for her husband s woodworking. Council would like to have more information. A motion was made by Gaia Greenhalgh to table the business license approval until Mrs. Willoughby was in attendance to obtain more information. Second by Doug Ahlstrom Motion carried. Forever Resorts: Concessionaires for the Bryce Canyon Lodge have made arrangements with Pete Mangum to use the front section of the old Fair Deal & Cash store for a warehouse to hold merchandise and would like dumpster place near the area so the boxes and other debris will not take up the dumpsters used by the local residents. Forever Resorts contacted the County, which in turn directed them to get approval from the Town before they would deliver a dumpster. Mayor Brinkerhoff and the Town Council expressed their feelings regarding additional dumpsters on the Town s streets and right-of-ways; they are not attractive and can be a nuisance. A motion was made by Doug Ahlstrom to give permission for an additional dumpster with the following conditions: that it be located on the Mangum s property off the Town s right-of-way, that it be situated so it is not unsightly for the neighbors; making sure it is accessible for the County. Second by Jim England Motion carried. A business license is also required. Marie will contact Tracy Savage regarding the board s decision. PLANNING COMMISSION A representative was not in attendance to discuss the construction projects currently being reviewed. Doug reported he spoke with Joe Thompson regarding Marie Barnson building permit; Mr. Thompson is working with Security Title in switching properties and are waiting for Greg Pollock s signature.

2 Doug did clarify to Joe that the deeds are to be warranty deeds, not quit claim deeds. Marie Barnson was not able to attend; the project s approval will be addressed at the next town board meeting April 11, Liquor License: An application for a liquor license has been received and reviewed by the planning commission. Two items were needed to comply with the town s liquor ordinance: a background check and a certificate for the health inspection. A copy of the background check was received. Travis reported the health inspection is done once a year for their restaurant, which will be occurring sometime soon, but can get a copy of last year s inspection for the file. Mayor Brinkerhoff asked for some clarification concerning the discarding of waste from the restaurant; are their bathrooms and how is the sewer connected. Travis reported there are no restrooms in the facility, just a kitchen, which they use a sump pump to get the discarded wastewater from the kitchen to the sewer connection; restrooms are located up on the hill. Addressing a concern Travis asked if the state refused a liquor license, would the Town refund the fee he paid; yes the funds would be refunded. Travis reported a town signature is needed on the State s application. A motion was made by Doug to approve a liquor license for Bryce Pioneer Village. Second by Jim England Motion carried. CULINARY/SEWER Jim reported a sewer backup on 100 South Street at the Kilfoyle resident; it was found that it was the homeowner s responsibility. Regarding the water/sewer connection for Marie Barnson, Gaia reported there is a concern on where they will hook on. In discussing this Brett reported that the water is on the south side with the sewer on the north side; they both go through Travis LeFevre property. It was reported that during the public hearing for subdividing of Marie s property, Jean Seiler expressed concern where the connections would be made. Reporting the difficulty the Town had with his connections. Also, Jean expressed concern regarding the road repair after the connections have been made. This lead to a discussion regarding seepage, and a 60ft right-of-way on 200 West; the access dead-ends. Contact county recorder to verify right-of-way. ROAD/STREETS Doug reported that the blade on the new grader was not working properly; Wheeler s will repair it. It was noted that payment would be withheld until the repairs are made. Max expressed concern with parking the roller on the side-street of the Heritage Center. We asked people to keep cars, farm equipment, etc., off the right-of-ways we need to set the example. Removal of the compactor will be added to the list of jobs needing to be done. UDOT Crosswalks: Representatives Robert Dowell and Steve Kunzler were in attendance at Town Council s request to discuss possible sidewalks on Main Street, Center Street or Bryce Way. Being a tourist area, foot traffic increases during the summer; being able to provide a safe crossing of streets accessing the businesses and the Heritage Center is a concern. Gaia reported it was the Town understanding that part of the Main Street project was to have sidewalks at its completion. Mr. Dowell explained UDOT s policy regarding sidewalks and other traffic control devices. Discussing policy, it was noted that crosswalks alone will not make crossing safer, nor will they necessarily result in more vehicles stopping for pedestrians. Many crosswalks throughout the state have been eliminated; it has been found that they also create unsafe situations.

3 He recommends that a crosswalk study be made, which UDOT would do. A study would help identify a solution in accomplishing the Town s goal. Discussed possible tools to slow traffic and make drivers aware of pedestrian crossing: advance warning signage on the south end of town there is a blind curve at the south entrance that is taken way too fast for people to try and cross the street. Another suggestion was to temporarily use a flashing speed limit trailer, which displays a person s speed; upon entry into town people would be made aware of their speed and slow down. Talking with law enforcement to monitor more and give speeding tickets was also suggested. Decreasing the speed limit through town is not realistic, speed limit established based on the average speed and number of cars coming through town. A speed study was done a few years back 40 mph is the lowest speed Highway 12 can be set. Mr. Dowell reported that he was contacted regarding sidewalk funding. There is a program called Safe Route to School; but it is not being funded this year. This program was originally sent out to the school districts. It has been expressed that some school districts are so rural, that the program is not in touch with the means of individual towns. Another item regarding UDOT is the entrance and exists from the Highway to Town Streets. Council reported the problems specifically on 1250 North and 550 North Streets. With 1250 North, being located just after the Blue Ridge, and 900 North just before Blue Ridge raises concern with safety as one enters onto the highway; it was reported that in the near future a school bus stop will be located in the area, which will also be a safety issue as traffic coming from the North Addressing turning lanes, Mr. Dowell reported that UDOT and Kane County participated in a cooperative effort arrangement with Best Friend Animal Shelter creating turning lane off from Highway 89 to the shelter. There is not a lot of funding available. Mr. Dowell reported that the road and other improvements are usually responsibility of the developer. Developers need to understand that the Town is not responsible to fix road problems created by increased traffic due to the development. Regarding 550 North, the Council discussed its development and its current problem with the manhole. A number of options were reviewed, it could be lowered; but who is paying for it? As an employee of SCC, Mayor Brinkerhoff reported it would be costly. Another option was placing a cement island around it so that the manhole could be avoided. Brett expressed his disagreement with UDOT regarding the requirement to lower the culvert placed on 550 North entering Hwy 12. It was originally to grade and the water was free to run to the bar-ditch. Because the culvert now is below grade, a hole is needed to on each side to get it to run to the bar-ditch. UDOT will need to keep the culvert clean and free from mud for the water to drain. There are solutions to the problem, UDOT is willing to meet and work together to resolve the issue. Council Member Jim England asked what UDOT s regulations is regarding the amount of footage between side streets off of the State Highways. In preparing for future growth, Doug asked what restrictions are there regarding how close the streets can be if development continues along Highway 12. Mr. Dowell stated that any creation of a street depends on speed, traffic, etc. Creating accesses along Highway 12 is not an option; the fewer the better, it is safe for the public and for UDOT. When creating turning lanes you also close down accesses at the same time. Creating frontage roads to combine developments is a good option. UDOT is getting more restrictive as to the number of access off highways; the goal is to serve as much property as possible, before creating an additional access. All developments along state highways will need to come through his office.

4 Improvements of 250 West: Doug talked with Jason Bybee regarding improvement of 250 West. Jason stated he was never told from the Planning Commission, or from the Town Board that he would be responsible to improve the street. Max disagreed and reported Jason attended the meeting when the discussion took place. Doug stated the Jason agreed to participate in making the improvements. Marie reported that the planning commission required him to deed the needed footage for the road, she does not recall comments or discussion regarding road improvements. Regarding the Miller subdivision, which is adjacent to Jason s property, it has not been recorded. It was reported that the property followed procedure to subdivide, with property being deeded for the road, but according to the County the plot map is not recorded. Many calls have been made to the county recorder verifying this; Joe Thompson has repeatedly said he has recorded the plot map. Council understands Jason s frustration, but also the Town cannot begin building roads. It has been required of all developers to do all road improvements; which in this case has not been clarified. Regarding red tagging a project, Gaia expressed that only the Mayor can red-tag a project, which Gaia understood Doug had done to Jason. Doug reported that in his discussion with Jason, Jason was told that as long as he was following the ordinances, his project could not be red tagged. Doug stated the check off list was incomplete and to Jason knowledge was never told he had to make road improvements or pay for the water or sewer extensions. Mayor Brinkerhoff stated the Town is not holding Jason up he can continue with the building of his home, but the road is not going to be touch. Max asked for clarification on the statement the road is not going to be touched. Expressing a concern that the Town has improved many roads such as 900 North Ward Mangum, 500 North, and others. Mayor reported that there is a difference the properties have been deeded to the Town. Doug expressed his frustration regarding the1250 North; he has deeded his portion cannot deed property not owned by him. Brett reported regarding 900 North, the Town only had a rightof-way on the south side of Blue Ridge. Ward Mangum approached the Board asking for assistance in building a road if he deeded a 60-foot right-of-way, would the Town maintain the road; the Council agreed. The Town Council established that no promises are to be made; there are standards and policies that need to be followed. Many inconsistencies have been made in the past, which the town cannot fix; but as of today everyone will be treated fairly and accurately. It was brought to the Council s attention that Kevin Shakespeare was told the Town was going to fix all condemned or presumed roads. Max impressed to the Council that no discussion is to be made regarding matters that have not been discussed or agreed to by the Council. Mayor Brinkerhoff concurred not to discuss policies with the private citizen to the point that would mislead the citizen to an unapproved decision. All inquiries or questions should be addressed in a Town Board meeting before the Council. PARKS No Report FIRE DEPARTMENT They participated in parading the Bryce Valley High School 1A State Championship Basketball Team around Tropic and neighboring communities. DEVELOPMENT/COMMUNITY PROGRESS Grants: Information was received from the State regarding funds for trails; not sure if the funds can be used for sidewalks. Gaia is awaiting a call from FEMA for information regarding flood control.

5 Gaia reminded the Mayor and Town Council that on Wednesday March 17 th Tropic is hosting the Rural Water Conference. Gaia is preparing the luncheon for the attendees. The Mayor and Council are invited to attend the evening session. FINANCIAL REPORT Due to an emergency, Shauna was not able to attend. Council members reviewed the warrants individually. A motion was made by Gaia Greenhalgh to approve the warrants. Second by Jim England Motion carried. MAYOR S REPORT Mayor Brinkerhoff discussed with the Council his recommendation for additional members of the planning commission. Those names presented were: Damon Brinkerhoff, LaMar Feltner, and Carl and Mary Miller Boyd. Mayor Brinkerhoff has talked with Damon and LaMar and they have accepted the appointment; will yet talk with Carl and Mary Miller Boyd. Website A number of sites have been reviewed; Boulder City Utah has a nice website that has been visited and information on its developer will be sought; report next meeting. Also, it was expressed that Gerald Talbot might be interested in assisting the Town in developing their website; need to follow up with Shauna. Marie expressed the need to codify the ordinances; this is a must if they are to be accessible on the web. A municipal clerk s association conference will be held in Springdale in April, in which Marie will be attending; there are many companies that will be attending that do codification. Marie will follow up on the cost and procedure to codify the Town s ordinances, resolutions, laws, etc. Gaia will begin looking for grants to fund this. Law Enforcement: Max presented the idea of possibly having a Town Law Officer and Justice of the Peace. Gaia reported that it has been looked into, but the cost of training and expenses was not something the town could afford. Tropic Town already pays to support these services in Panguitch. Taking this money plus the revenue generated from tickets and other violations could be place toward getting Tropic Town law enforcement. Discussed the law enforcement program in Escalante, the number of tickets generated supports his position. Gaia will look for funding. Bryce Valley Mustang Day: Mayor Brinkerhoff acknowledged the accomplishment of the boys basketball team taking the State 1A Basketball Championship. Mayor Brinkerhoff has declare March 6 th at Bryce Valley Mustang Day in Tropic. He would like the other communities to support this as well and will be taking with them. Working through Rural Water, Brett reported he has ordered 150 hats recognizing this achievement. Max made the motion to purchase 100 hats and sell for $15 each, with the revenue given to the sidewalk fund. Second by Jim Motion carried. It was also noted the nice support given from Panguitch and Escalante communities. Rural Water Annual Conference: Brett attended a weeklong training conference in St. George for Rural Water. Rural Water Association has the largest conference in the western United States and the third largest in the Nation. Attendance continues to increase each year, this year 1,652 members attended. Brett received information regarding the Town s CTR water samples. Brett reported that the State recorded the Town s nitrate sample for Spring Creek incorrectly. The sample was credited to the Well; placing Spring Creek in violation. The correction was made and Tropic is not in violation.

6 Also, there is a Bills being introduced at the House regarding Irrigation Company. Brett reported that water is being sought from Nevada to support their state. Impressed the need to have the Town Council and the Irrigation Company meet to discuss the issues at hand. The example was given of one taking agricultural land and subdividing it, the water used for farming will be turned over to the State. The water rights cannot be sold, nor given to the irrigation company. Whatever water was tied to the property will be given back to the division of water rights. This will affect the drinking water system; people will still water lawns, gardens, etc., placing a strain on the culinary water system, which in turns places demand on the irrigation company. Max expressed that the Town has allocated all the water they have, even more than we have. Discussed the need to collect, file, and store the water from the winter runoff. Executive Session A motion was made by Gaia Greenhalgh to move into a closed session. Second by Jim England Motion carried. A motion was made by Jim England to open the closed session. Second by Max Motion carried. The motion was made by Doug Ahlstrom to close the executive session. Second by Max Motion carried. A motion was made by Gaia to return to the regular Town Board Meeting and adjourn. Second by Jim England - Motion carried. Approved this 8 th Day of April 2010 Marie H. Niemann Tropic Town Clerk