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					Adopted May 22, 2007

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Brian Head Town
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 The Regular Meeting of the Brian Head Town Council Brian Head Council Chambers 56 N. Hwy 143, Brian Head, Utah 84719 Tuesday, May 08, 2007 @ 1:00pm
Council Attending: Staff Attending: Others: H.C. Deutschlander, Ann Barton, Hans Schwob, Kent Kroneman, Stewart Fausett (arrived 1:35 pm) Bryce Haderlie, Nancy Leigh, Suzette Bulloch, Gary Bulloch, Tom Stratton See Attached attendance sheet

A.

CALL TO ORDER

The regular meeting of the Brian Head Town Council was called to order at 1:05 p.m. by Mayor Deutschlander.

B.

PLEDGE OF ALLEGIANCE

Mayor Deutschlander led the Council and others in the Pledge of Allegiance.

C.

DISCLOSURES

There were no conflicts of interest with today’s agenda items. Mayor Deutschlander stated that disclosure statements are on file at the Town offices and are available for public inspection during normal business hours.

D.

MINUTES:

April 10, 2007 Town Council Executive Meeting Minutes Motion: Councilperson Kroneman moved to accept the minutes of April 10, 2007 Town Council executive minutes. Councilperson Schwob seconded the motion. Action: Motion carried 5-0-0. April 17, 2007 Town Council Special Meeting Minutes Motion: Councilperson Schwob moved to approve the April 17, 2007 Town Council Special Meeting minutes. Councilperson Barton seconded the motion. Action: Motion carried 4-0-0.

E.

REPORTS / PUBLIC INPUT

Nancy Leigh, Town Recorder/Clerk, reported that she attended the Utah Municipal Clerks Association conference on April 18-20th in St. George. Nancy reported that she will be attending the Utah Business Licensing Conference in Salt Lake City on May 10-11th.

Bryce Haderlie, Town Manager  Reported that the Public Utilities Commission made their decision to not approve the reduction in the natural gas rate. Brian Head residents will continue to pay the additional $30.00 monthly rate.

May 08, 2007 Town Council Meeting

Adopted May 22, 2007

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  

  

Staff is currently working on job evaluations and will start to complete the trimester goal review. Reed Erickson, Town Planner, and Bryce are currently working on a final draft of the Land Management Code. Contacted Heath Snow, attorney for the Steam Engine Developers, regarding the foreclosure notice. Heath reported that the foreclosures will not have a negative effect on Brian Head Town for the Town’s Special Improvement District fees and snow removal agreement. The foreclosure is to take place May 16, 2007 on the Iron County Courthouse steps. The Summit at Brian Head project reported they have not met their projected number of condo sales. Bryce reported that the bank will not allow them to start on Phase II until their projected numbers have been met. The Town received three (3) bids for the Town pavilion project. The building department will be qualifying the bids and will bring the bids in front of the Town Council for approval at the next Town Council meeting. Distributed his monthly Council update to the Council members.

Suzette Bulloch, Town Treasurer,  Distributed a year-to-day budget worksheet to the Council. Suzette explained that this worksheet identifies all of the expenses through April, but there are some earnings that have yet to be posted. Suzette reported that there will be an agenda item for the budget retreat to discuss the 2006-2007 budget and may be some possible changes that need to be made.  Attended the Utah Treasurer Conference in St. George on May 3-5. Suzette also attended the Utah Government Finance Officer training while in St. George for the Treasurer’s conference. She reported that both conferences were informative.

Gary Bulloch, Public Safety Director,  The Fire Department received a State Wildland grant in the amount of $4,600.00. Gary reported that this grant was less than the previous years where the Town received approximately $13,000.00 to $15,000.00. The reduction in the amount of the grant was due to the fact that the main contributor, BLM, did not contribute this year.  The Public Safety department will be working on FEMA grants.  The Fire Department received the $62,000.00 State grant for the brush truck and the truck is now paid in full.

Tom Stratton, Public Works Director Reported that the garbage truck has some mechanical problems this morning, but staff is currently resolving the problem. Mayor Deutschlander reported that he and other special interests group met with the Forest Service on May 2, 2007 to discuss improvements for winter recreation in the Cedar Breaks National Monument. Mayor Deutschlander reported that the UDOT is experiencing a record number of snowmobile trailers that park on midway to access the snowmobile trails and are unable to access their maintenance shop. There will be three new parking areas designated; two for snowmobile trailers and one for cross-country skiers and snowshoers. Mayor Deutschlander expressed Brian Head Town’s concerns regarding the elimination of the Chair #1 parking and the need for additional parking within the town area and made the recommendation that the Sugar Loaf/Upper Bear Flat area be a designated parking area that UDOT could plow for snowmobile trailers in Brian Head. Mayor Deutschlander will keep the public and Council informed on the progress of this project. Shane Deutschlander, Eagle Scout, reported to the Council that he is currently working on his Eagle Scout project which is titled “Vial of Life” which consists of having the public complete a paper that identifies each family member’s medical issues that would be important to Emergency personnel in an emergency. This would then be placed on a magnet and on the family’s refrigerator and available to EMT’s in case of an emergency and no one home to give the medical information. Shane is currently

May 08, 2007 Town Council Meeting

Adopted May 22, 2007

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working with Iron County Ambulance who has contributed to the project by supplying the magnets and vials. Gary Bulloch, Public Safety Director, stated this was an excellent idea and commended Shane on proactive thinking. Suzette Bulloch, Town Treasurer, suggested that this information can be distributed through the utility billing to give the public information and how to obtain the vials. The Council thanked Shane for his project.

F. 1.

AGENDA TOPICS NORBA FUND REQUEST – Chamber of Commerce

Angie Haderlie, Chamber Director, reported that the Chamber board met and is requesting funds for the NORBA event to be held in Brian Head. Angie reported that the Town allocated $30,000.00 in the 200506 budget and is requesting $30,000.00 for this year’s event. The total event amount is $45,000.00 and Iron County Tourism has allocated $10,000.00 and the Chamber will contribute $5,000.00 but they will still need to collect $5,000.00 from other sources. There was discussion regarding sponsors and the possibility of having the Town match the sponsors and/or businesses with the exception of the Iron County Tourism and Chamber contributions and whether NORBA would consider reducing the amount for the event. Brian Head Resort was asked if they would consider reducing their site fee to NORBA and/or contributing to the event to reduce the amount of the event. Burke Wilkerson, Brian Head Resort, responded that the Resort does not make any profit off of the event with the costs of additional employees and creating the track for the events but would be willing to negotiate their site fees with NORBA in order to contribute to the event. Bryce Haderlie, Town Manager, reported that this particular event was not budgeted for in the current budget year. Bryce reported that he spoke with former Councilperson Joe Price who was the main contact for the NORBA event and Joe Price indicated that the Town would support the event for two years and then the sponsors and/or businesses would then contribute to the event and the NORBA would require as little contribution as the RMSHA event ($3,000.00). Bryce recommended that the Town support the NORBA event by matching funds from those sponsors other than Iron County Tourism and the Chamber up to $15,000.00. Councilperson Fausett arrived for the meeting at 1:35 p.m. Discussion was held regarding the media impact that NORBA would have for Brian Head and the positive benefits received and whether the Town should bear the brunt of the expense for the event and other options that would allow business the media exposure for the event. Motion: Councilperson Schwob moved to match funds in the amount of other sponsors with the exclusion of Iron County Tourism and Chamber of Commerce contributions not to exceed $15,000.00. Councilperson Fausett seconded the motion. Motion carried 4-1-0, with Councilperson Barton voting nay.

Action:

2.

UDOT / BRIAN HEAD INTERCONNECT BRIDGE MAINTENANCE AGREEMENT

Bryce Haderlie, Town Manager, explained that UDOT requires an agreement between the Town and UDOT stating that the Town will own the skier bridge and will be responsible for upkeep and maintenance and this agreement is a public acknowledgment (see attached). Bryce explained that Brian Head Resort

May 08, 2007 Town Council Meeting

Adopted May 22, 2007

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will participate in the bridge maintenance which will be a separate agreement between the Town and Brian Head Resort. The Council reviewed the agreement with the following changes/recommendations:  Pg. 34.c – DELETE the word “paved” surface Motion: Councilperson Kroneman moved to authorize the Mayor to sign the UDOT / Brian Head Town Interconnect Bridge Agreement with the following correction: Pg. 3 4.c – DELTE “paved”. Councilperson Barton seconded the motion. Motion carried 5-0-0.

Action:

3.

PUBLIC HEARING – Proposed Ordinance Creating a Land Use Regulation of Brian Head Town regarding Concrete Batching, Aggregate Excavation, Processing, and Loading Facilities as an amendment to Chapter 10 of the Brian Head Land Management Code.
Councilperson Kroneman moved to recess the regular meting of the Town Council to open the public hearing for the purpose of receiving public comment on the proposed concrete batch plant Ordinance. Councilperson Schwob seconded the motion. Motion carried 5-0-0.

Motion:

Action:

The public hearing was opened at 2:15p.m. Gary Bulloch, Public Safety Director, stated that he believed the proposed ordinance is necessary and may save some highway traffic problems. Mayor Deutschlander inquired as to how it will reduce traffic in the canyon if the trucks carrying material will still need to travel the canyon. Gary Bulloch replied that he would rather have the dump trucks full of materials than a concrete truck traveling the canyon. Frank Matheson, Sunroc, distributed pictures of portable concrete batch plants for the Council’s review. Frank reported that this would give the Council some indication of what heights are for concrete batch plants (see attached pictures). Frank explained that concrete trucking coming from Cedar City have ready mix in them and the trucks have a jake breaks for safety issues on steep grades. Their concern is when there is concrete left over from a pour and they have to take the concrete down the canyon, it becomes a safety issue. Frank recommended to the Council that the use of portable concrete batch plants would produce a better product since Brian Head is a hostile environment and most concrete companies can expect failure in their product in Brian Head. Mayor Deutschlander inquired as to when a truck is dispatched, how much is strictly water. Frank Matheson, Sunroc, responded that it would be 10-30 percent water. That in the past, when dry loads were brought up and then water was added on the construction site. Free style is a problem in Brian Head and the concrete has problems in any cold climate. Keith Nicholas, Western Rock, stated that with the portable concrete batch plant in Brian Head, the concrete will be a higher quality and that this point needs to be considered if the Council wants a quality product. Jeff Tanner, DHC Development, inquired as to the issue of snow and the excavating for the aggregate product and how it would be addressed with a large snow cover and would it be difficult to process in the winter or if it would be a summer only deal and if it is a summer only, the builder will need the concrete as much in the summer as in the winter so there would be no difference in accessing concrete all year long. The Black Diamond project is familiar with the large concrete retaining walls and with a portable plant; the Council should consider the plants. Motion: Action: Councilperson Kroneman moved to close the public hearing. Councilperson Barton seconded the motion. The public hearing was closed at 2:45 pm Motion carried 5-0-0.

May 08, 2007 Town Council Meeting

Adopted May 22, 2007

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4.

PROPOSED ORDINANCE #07-005 TO Create a Land Use Regulation of Brian Head Town regarding Concrete Batching, Aggregate Excavation, Processing, and Loading Facilities as an amendment to Chapter 10 of the Brian Head Land Management Code.

Bryce Haderlie, Town Manager, explained that in response to Mr. Tanner’s question during the public hearing pertaining to aggregate excavation, it would be handled in the grading ordinance where the applicant can bring crushing and grading equipment and the Town anticipates that the cement powders and gravel will be transported into Brian Head and that the batch plant would be a summer only operation. Bryce reported that the proposed ordinance is the final draft from the Planning Commission who made the recommendation for adoption. Bryce then reviewed the changes that the Planning Commission recommended in the proposed draft of the ordinance (see attached). Discussion was held regarding the following concerns/recommendations:  whether there should be some zones excluded from allowing a portable batch plant and aggregate mining to be set up such as ROS (Recreation Open Space) and R-1 (Single Family Residential)  The amount of time it would take to reclaim and re vegetate the land.  Flexibility in the hours of operation. Will enact this year and if problems arise, will amend the ordinance. Councilperson Schwob moved to adopt Ordinance No. 07-005 to create a land use regulation of Brian Head Town regarding concrete batching, aggregate excavation, processing, and loading facilities as an amendment to Chapter 10 of the Brian Head Land Management Code. Councilperson Kroneman seconded the motion. Action: Roll call vote: Councilperson Kroneman Aye Councilperson Schwob Aye Mayor Deutschlander Aye Councilperson Barton Aye Councilperson Fausett Aye Motion carried 5-0-0. Motion:

5.

PROPOSED RESOLUTION NO. 362 FOR SUPPORT OF THE FOREST SERVICE ACQUISITION OF THE ASHDOWN GORGE WILDERNESS AREA.

Mayor Deutschlander explained that this proposed resolution would be expressing support of the Ashdown Wilderness area for land acquisition by the Forest Service. Mayor Deutschlander explained that there are eight (8) 40 parcels of land are towards the bottom of Cedar Breaks National Monument which are held by two different families and otherwise surrounded by Forest Service property It has been recommended as wilderness area. If you stand at the visitor center in Cedar Breaks there are 8 40 parcels down there held by two different families and is surrounded by forest service and area that has been recommended as wilderness area. The Iron County Comprehensive Land Use Committee (ICCC) visited the site and determined that it is a pristine site and has not been threaten by either family for development. Both families are agreeable to a fair market price for the property and the resolution would be in support of the acquisition and a copy would be forwarded to Senator Hatch, Representative Senator Bennett and Representative Matheson to notify them of Brian Head’s support and for them to allocate acquisition the funds in the year 2010. Motion: Councilperson Kroneman moved to adopt Resolution No. 362 expressing support of the Forest Service Acquisition of the Ashdown Gorge Wilderness Area and to send the

May 08, 2007 Town Council Meeting

Adopted May 22, 2007

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letter explaining the resolution to Mayor Constance Robinson, Senator Bennett, Senator Hatch and Representative Matheson. Councilperson Schwob seconded the motion. Action: Roll Call Vote: Councilperson Kroneman Aye Councilperson Schwob Aye Mayor Deutschlander Aye Councilperson Barton Aye Councilperson Fausett Aye Motion carried 5-0-0.

6.

DISCUSSION OF BUSINESS LICENSE ORDINANCE REGULATIONS REGARDING TEMPORARY AND TRANSIENT BUSINESS ACTIVITES WITHIN BRIAN HEAD TOWN

Bryce Haderlie, Town Manager, explained that under Utah Law the Town is able to enact the Pending Ordinance Doctrine, which would give Council time to review and/or modify an ordinance. Staff is requesting the pending ordinance doctrine as it pertains to temporary and transient businesses in Brian Head and that no business wishing to submit an application will be reviewed until a modification is determined. Bryce explained that Nancy Leigh is currently reviewing the business license ordinance and will be recommending a modification to the ordinance. Bryce explained that there has been interest expressed in transient business and would like direction from the Council as to requirements for such businesses. Bryce explained that staff has was provided some sample ordinances from other communities for similar types of business for the Council’s review (see attached). Bryce inquired if the Council would like the Planning Commission to review the draft ordinance if it does not pertain to land use. It was the consensus of the Council that the Planning Commission would review those businesses that are regulated by land use if it is a conditional permit. Mayor Deutschlander directed staff to research the records for any previous ordinance that may be in place. Bryce explained that there are three (3) types of business that the staff is requesting guidance from the Council on; Seasonal, special events and mobile-type of businesses, such as catering and whether the Planning Commission should review each business if they are not land use related. The Council directed staff to review other communities, but to keep in perspective the brick and mortar businesses are paying the majority of sales taxes to the Town. Those business that have food in their business will also need to be reviewed by the health department and will need to have a health permit issued and any other applicable taxes that may be assessed.

7.

2006-2007 TOWN BUDGET TRANSFER FROM THE SEWER FUND TO THE GENERAL FUND

Bryce Haderlie, Town Manager, explained that this agenda item is a tabled item from January 23, 2007 Town Council meeting and that it was scheduled to be reviewed in late April. Bryce explained this item can be addressed during the budget retreat meeting on May 16-17th as an agenda item. Motion: Councilperson Fausett moved that no action take place on the Sewer transfer to the General Fund account at this time and will address this agenda item in the budget process in June 2007. Councilperson Barton seconded the motion. Motion carried 5-0-0.

Action:

Mayor Deutschlander requested that Agenda Item F-9 – Utility Rate Request be reviewed by the Council as the next agenda item in front of Agenda Item F-8 – 2007-2008 Budget Presentation.

May 08, 2007 Town Council Meeting

Adopted May 22, 2007

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9.

UTILITY RATE REQUEST – Black Diamond Condos, Jeff Tanner

Jeff Tanner, Black Diamond Condo Design, distributed a letter to the Council (see attached) requesting an exception to the current utility billing for his business. Jeff reported he is currently paying a flat rate fee of $92.00 per month for water, sewer and trash for his business and shares the restroom with the property manager. Jeff explained that he does not have any plumbing to his office area and the only utility that he uses is the trash. Discussion was held regarding the necessity of charging flat rates in Brian Head due to the amount of residents that are not full-time residents and the future proposal of having the metering of each residential and commercial in place to determine usage. The Council denied Mr. Tanner’s request for an exception to the monthly utilities.

8 – 2007-2008 BUDGET PRESENTATION
Bryce Haderlie, Town Manager, presented a power point presentation for the 2007-2008 proposed budget. Bryce explained that he would like the Council to take establish priorities in completing the town goals that have been established in the budget process. Discussion was held regarding the enhancement tax with the construction of the Interconnect project and the impact on the shuttle system for the 2007-08 winter season. Bryce explained that he will contact Henry Hornburger, Brian Head Resort, to determine the impact of the shuttle system for the inter-base route and will report to the Council at the budget retreat. Councilperson Fausett requested that staff receive public input and make a decision early on. Bryce reported that the budget binders also contain employee wage salary information and requested the Council keep the employee wage information confidential. Councilperson Barton requested that Nancy Leigh, Recorder, be present at the budget retreat to keep record of the minutes for the retreat. Mayor Deutschlander also requested that a temporary person be hired for the two days at the Town Hall so that Nancy can attend the budget retreat.

G.
Motion:

EXECTIVE SESSION – PERSONNEL ISSUES

Councilperson Schwob moved to recess the regular meeting of the Town Council into executive session to discuss the charter, competency, and mental health of an individual and a closed session statement has been signed by Councilperson Schwob, Mayor protem (see attached). Councilperson Kroneman seconded the motion. Action: Roll Call Vote: Councilperson Fausett Aye Councilperson Barton Aye Councilperson Schwob Aye Councilperson Kroneman Aye Mayor Deutschlander Aye Motion carried 5-0-0. Mayor Deutschlander excused himself from the meeting at 3:55 p.m. Motion: Action: Councilperson Fausett moved to recess from the executive session into the regular meeting of the Town Council. Councilperson Kroneman seconded the motion. Motion carried 4-0-0.

May 08, 2007 Town Council Meeting

Adopted May 22, 2007

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H.
Motion: Action:

ADJOURNMENT
Councilperson Kroneman moved to adjourn the regular meeting of the Town Council. Councilperson Barton seconded the motion. Motion carried 4-0-0.

The regular meeting of the Brian Head Town Council was adjourned at 4:25 p.m.

May 22, 2007___________________ Date Adopted

_______________________________ Nancy Leigh, Town Recorder/Clerk

May 08, 2007 Town Council Meeting


				
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