ESCALANTE CITY COUNCIL MEETING
JULY 18, 2017
REGULAR MEETING - 6:00 P.M.
ESCALANTE CITY COUNCIL CHAMBERS - 56 N. 100 W.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE: By Invitation
3. PUBLIC COMMENT
Time has been set aside for the public to express their ideas, concerns, and comments on items not on the agenda (two minutes maximum).
4. ADOPTION OF THE AGENDA
5. APPROVAL OF MINUTES
5.1 Minutes of June 20, 2017 regular meeting.
6. PLANNING AND ZONING ITEMS
6.1 Planning and Zoning Updates
6.2 Michelle Lindsay - Conditional Use Permit for a Transitional Program.
7. SCHEDULED ITEMS
7.1 Garfield County Sheriff Danny Perkins - Update.
7.2 Ryan Fisher - Closing the road for the July 24th Dance
(July 21st from 8:00 p.m. to 1:00 a.m.).
7.3 Suzanne Catlett - Trophy Sponsor Donation for the Moqui Motor Madness Car
Show.
7.4 Karin Simmons - Escalante Canyons Art Festival Donation and road closure.
7.5 Fire Protection Agreement.
8. DEPARTMENT REPORTS
8.1 ADMINISTRATIVE
8.2 PUBLIC WORKS DEPARTMENT
8.3 FIRE DEPARTMENT
9. COUNCIL REPORTS
9.1 MAYOR MELANI TORGERSEN
Employees
9.2 COUNCIL MEMBER GREG ALLEN
Airport & Storm Water Drainage
9.3 COUNCIL MEMBER LOUISE BARNES
Building, Parks & Recreation, Clinic
9.4 COUNCIL MEMBER GUY GRAHAM
Water
9.5 COUNCIL MEMBER MARLENE STOWE
Sanitation & Landfill
9.6 COUNCIL MEMBER DAN'L LINDSAY
Streets
10. UNPAID BILLS
11. EXECUTIVE SESSION
12. ADJOURNMENT
If necessary executive session may be held in accordance with the Utah Code 51-4-5.
In compliance with the Americans with Disability Act, individuals needing special accommodations during this meeting should notify Stephanie Steed, City Recorder at (435) 826-4644 at least 48 hours prior to the meeting.
CERTIFICATE OF POSTING
The undersigned, duly appointed City Recorder, does hereby certify that the above notice and agenda was posted in three public places within the Escalante City limits on this 14th day of
July, 2017. These public places being 1) Escalante Post Office 2) Escalante City Office
3) Griffins Mercantile.
ESCALANTE CITY COUNCIL MEETING
JULY 18, 2017
REGULAR MEETING - 6:00 P.M.
ESCALANTE CITY COUNCIL CHAMBERS - 56 NORTH 100 WEST
Mayor Pro Tempore Guy Graham called the meeting to order at 6:00 p.m. in the Escalante City Council Chambers.
Present at said meeting were Mayor Pro Tempore Graham, Council members Louise Barnes,
Dan'l Lindsay, Marlene Stowe, Greg Allen, City Attorney Barry Huntington and City Recorder Stephanie Steed. Mayor Melani Torgersen was excused.
Also present were Garfield County Sheriff Danny Perkins, Terence Tontlewicz, Byron Ellis, Sheridan Wilder, Ron Rogers, Michelle Lindsay, Bob Hartman, Geraldine Liston,
Lawrence Barnes, Lizzy Espinosa, Emilee L. Woolsey, Elaine Lott, Darin Simmons,
Joe Catlett, Suzanne Catlett, Shane Young, Kelton Manzanares, Stephanie Minnaert,
Howard Hutchison, Ryan Fisher, Audrie Sorensen, Jake Sorensen and Denise Olson.
Mayor Pro Tempore Graham led the Pledge of Allegiance.
PERSONAL COMMENTS
BOB HARTMAN
Mr. Hartman said he attended the Roger Brooks presentation on June 30, 2017. Mr. Hartman said Roger Brooks was the unknown visitor that secretly shopped Escalante. Mr. Hartman encouraged the Council to watch the video of the presentation because it gives a good look at our town and resources.
Mr. Hartman said with four lanes going through town people are not stopping. Mr. Hartman said the tourists are using the lanes to get out of town as fast as they can. Mr. Hartman said the town needs to look at what can be done in the next few years to reduce the lanes on Main Street.
Mr. Hartman said the Governor has made an effort to create 2,500 jobs in rural Utah.
Mr. Hartman said he would like to see an Economic Commission formed to provide
information to the Council and help with getting grants.
ADOPTION OF THE AGENDA
Council member Stowe made a motion to adopt the agenda as written. Council member Lindsay seconded the motion. Motion carried with Council members Stowe, Allen, Lindsay and Barnes voting aye.
APPROVAL OF MINUTES
MINUTES OF THE JUNE 20, 2017 MEETING
Council member Barnes made a motion to approve the minutes of the June 20, 2017 meeting with fixing one typo she had pointed out to City Recorder Steed. Council member Stowe seconded the motion. Motion carried with Council members Lindsay, Allen, Barnes and Stowe voting aye.
PLANNING AND ZONING ITEMS
PLANNING AND ZONING UPDATES
Council member Stowe explained there was questions in the last Planning and Zoning meeting about a Hostel being permitted in Escalante. Council member Stowe said the Planning and Zoning Commissioners would like to work on an ordinance addressing Hostels. City Attorney Huntington said it would be better to find a fit for the Hostel in the current ordinances. City Attorney Huntington said it is a lot of work to draft an ordinance for one person. City Recorder Steed explained she and Mayor Torgersen talked to the Kanab City Manager and the Kanab City Planner and they told them they have one establishment that identifies itself as a Hostel. Kanab recognizes and treats such establishment as a Temporary Lodging Establishments (motel). They must comply with the standard Motel-Hotel regulations providing sleeping accommodations for pay to transient guests for a maximum period of less than 30 days. Council member Stowe asked the Council for direction on this issue. Council member Allen said if we can use the current ordinance there is no need to draft another one. Council member Stowe will report back to Planning and Zoning to treat the Hostel where it fits in the existing ordinance.
MICHELLE LINDSAY - CONDITIONAL USE PERMIT FOR A TRANSITIONAL PROGRAM
Council member Lindsay stated a conflict of interest because Mrs. Lindsay is his wife. Council member Stowe said the Planning and Zoning has recommended to the City Council to approve the Conditional Use Permit for Mrs. Lindsay with the following conditions. Conditional Use will be reviewed every year, if law enforcement is called out for criminal mischief or criminal trespass the Conditional Use will be reviewed, a floor plan, County Certificate of Occupancy, Fire Inspection, and State License will be submitted with the application and a City Business License will be obtained. City Attorney Huntington said he recommends passing the Conditional Use Permit because if the City denies it we will be violating the American Disability Act along with other Federal Laws. The conditions were reviewed and discussed at length. City Recorder Steed said Mrs. Lindsay has provided her with a floor plan, County Certificate of Occupancy, Fire Inspection and her resume. Mrs. Lindsay explained after being involved in the Planning and Zoning meeting last week and hearing the concerns of the community she came up with some conditions she would like the Council to review (attached). The attached conditions were discussed at length. Council member Barnes made a motion to approve the Conditional Use Permit for Mrs. Lindsay with the conditions attached and she will need to get a City Business License. Council member Allen seconded the motion. Motion carried
with Council members Barnes, Allen and Stowe voting aye. Council member Lindsay abstained.
SCHEDULED ITEMS
GARFIELD COUNTY SHERIFF DANNY PERKINS - UPDATE
Sheriff Perkins presented a copy of the Deputies log activity. Sheriff Perkins said it has been a busy year. Sheriff Perkins said Search and Rescue has over 2,000 hours in this year. Sheriff Perkins said there was a fatality on the desert due to heat exhaustion. Sheriff Perkins said the individual had police contact earlier that day and was told to take plenty of water. Sheriff Perkins said this is an example of what's coming and if we could get signs on the trails it could save lives.
Sheriff Perkins reported on the Brian Head Fire. Sheriff Perkins said he received a phone call asking him to report to the instant command in Parowan because the fire was spreading towards Clear Creek. Sheriff Perkins said twenty minutes later he received a call telling him the fire was in Clear Creek. Sheriff Perkins said this is an example of how fast the fire spread. Sheriff Perkins said that night four hundred homes were evacuated and twelve homes were lost. Sheriff Perkins said the Firemen are true heroes. Sheriff Perkins said the conditions were horrendous. Sheriff Perkins said the smoke was so bad they couldn't see the water for over 10 days at Panguitch Lake. Sheriff Perkins said the smoke was even bad in the Panguitch Valley. Sheriff Perkins said the fire went through Sidney Valley along with many other places around Panguitch Lake. Sheriff Perkins said this kind of fire is not a good thing and has adverse effects on the community. Sheriff Perkins explained the animals took a big hit from the fire. Sheriff Perkins said they found dead fawns, burnt livestock and cows with ear tags melted to their ears. Sheriff Perkins said there is nothing good about a fire this size. Sheriff Perkins said he worries about a fire destroying thousands of acres of forest land right here and on Cedar Mountain due to all the dead trees. Sheriff Perkins explained this fire was very devastating and now they worry about the flooding to come. Council member Lindsay asked if the fire was out. Sheriff Perkins explained there is still hot spots the firefighters are working on. Sheriff Perkins said the big concern is the trees falling down so there is still some road closures. Sheriff Perkins explained the areas that were logged still have standing green trees, but the areas not logged are all burned up. Council member Lindsay asked what the dollar amount was to fight the fire. Sheriff Perkins said it is over thirty-four million dollars that could have went along ways in a thinning project. Sheriff Perkins said the forests in Garfield County have not had good management. Council member Allen said he had ashes falling in his front yard from the fire seventy miles away. Sheriff Perkins said he can't explain the magnitude of the event, it was horrible. Sheriff Perkins said there were over eighteen hundred firefighters in Panguitch and close to three thousand firefighters overall. Sheriff Perkins explained this has taken a huge effect on the businesses in Garfield County.
RYAN FISHER - CLOSING THE ROAD FOR THE JULY 24TH DANCE
Mr. Fisher explained Escalante High School Student Council is wanting to block off 100 North from South Central to the Community Center for the dance on Friday night from 8:00 p.m. to 1:00 a.m. Council member Barnes told Mr. Fisher to make sure he contacts Fire Chief Porter about the closure. Council member Stowe made a motion to allow the road closure on July 21 from 8:00 p.m. to 1:00 a.m. for the street dance. Council member Allen seconded the motion. Motion carried with Council members Lindsay, Stowe, Barnes and Allen voting aye.
SUZANNE CATLETT - TROPHY SPONSOR DONATION FOR THE MOQUI MOTOR MADNESS CAR SHOW
Mrs. Catlett thanked the Council for being a sponsor last year. Mrs. Catlett said she is asking the City to be a $50.00 trophy sponsor. Mrs. Catlett said there will be a free concert in the park on the new stage. Council member Lindsay said he is a little disappointed they are only asking for $50.00. Council member Lindsay said he would like to see the City donate to newer events to help them get started than to the events that are already established. Mrs. Catlett said last year the City donated $300.00. Council member Barnes said during the budget meeting the Council anticipated giving the Car Show more than $50.00. Mrs. Catlett said if the City donates $300.00 their logo will be on the flyers and t-shirts. Council member Lindsay made a motion to donate $300.00 for the Moqui Motor Madness Car Show. Council member Barnes seconded the motion. Motion carried with Council members Lindsay, Allen, Stowe and Barnes voting aye.
KAREN SIMMONS - ESCALANTE CANYONS ART FESTIVAL DONATION AND ROAD CLOSURE
Mrs. Simmons thanked the City for the support last year with the donation and road closure. Mrs. Simmons said they would like to ask the city to donate $3,000.00 again this year out of the resort tax pool. Mrs. Simmons explained the festival has increased the amount of time and anticipates more visitors. Mrs. Simmons said they would also like to ask for permission to close 100 West from Main Street to 100 North on September 28th until October 1st. Mrs. Simmons said she has talked to South Central and they are in support of the closure. Council member Barnes said she is impressed how fast the festival has grown. Council member Barnes said she knows there is a lot of work put into the festival. Council member Barnes explained in the budget meeting the Council decided they would donate $500.00 for the Arts Festival this year. Council member Allen said he would like Mrs. Simmons to come back after the festival and report on how they did with the $500.00 donation. Council member Lindsay said he feels like the Arts Festival is up and going and can sustain financially and the City can donate more money to help other events just starting. Council member Lindsay said he would also like to know before the next budget meeting how the festival did and if we need to look at putting aside more money for next year. Council member Barnes made a motion to donate $ 500.00 to the Escalante Canyons Art Festival and to allow the road closure of 100 West from Main Street to 100 North on September 28th until October 1st. Council member Lindsay seconded the motion. Motion carried with Council members Allen, Stowe, Barnes and Lindsay voting aye.
FIRE PROTECTION AGREEMENT
City Attorney Huntington said this is an agreement to get help for the fire department. City Attorney Huntington said the Utah Division of Forestry, Fire and State Lands will do assessments and training with our equipment to get us up to speed. City Attorney Huntington said he feels this agreement is like an insurance policy and recommends the City signs it.
City Recorder Steed said a couple years ago Fire Chief Porter brought this agreement to our attention and asked the City to review it and sign it. City Recorder Steed explained with this agreement if a fire starts in the City Limits and spreads onto Forest Service land we will receive help and will not have to pay for it. City Recorder Steed said the agreement is $1500.00 per year that the City can work off with in-kind. City Recorder Steed explained the in-kind can be training hours, water shed, mowing streets, springs, sewer ponds and any fuel reductions. Council member Lindsay made a motion to approve the Fire Protection Agreement between the Utah Division of Forestry, Fire and State Lands and Escalante City. Council member Allen seconded the motion. Motion carried with Council members Lindsay, Allen, Barnes and Stowe voting aye.
DEPARTMENT REPORTS
ADMINISTRATIVE
City Recorder Steed presented the Council with the Financial and Budget reports for May 2017.
City Recorder Steed explained to the Council upon codification of ordinance 2017-06 she found some clerical errors on the code numbers. City Recorder Steed said she documented the errors and added the definition of Structurally Altering to code number 10.10.050 (119).
PUBLIC WORKS DEPARTMENT
The Public Works Department was not present at said meeting.
FIRE DEPARTMENT
The Fire Department was not present as said meeting.
COUNCIL REPORTS
MAYOR MELANI TORGERSEN
Mayor Torgersen was not present at said meeting.
COUNCIL MEMBER GREG ALLEN
Council member Allen had nothing to report at this time.
COUNCIL MEMBER LOUISE BARNES
Council member Barnes said the prospective elevation drawing for the new Multi-Purpose Community Center is at the back of the room for review. Council member Barnes said a lot of work has gone into the plan. Council member Barnes said with the Senior Population increasing, she feels this is a good investment for the City. Karen Simmons asked where the new building will be. Council member Barnes explained the City will demolish the old Library and Fire station and replace them with the new Multi-Purpose Community Center.
Council member Barnes said the stage in the park is almost done.
COUNCIL MEMBER GUY GRAHAM
Council member Graham had nothing to report at this time.
COUNCIL MEMBER MARLENE STOWE
Council member Stowe had nothing to report at this time.
COUNCIL MEMBER DAN'L LINDSAY
Council member Lindsay said the Streets around town are sinking due to gophers. Council member Lindsay said if anyone sees any problems, let public works department know so we can take care of them.
UNPAID BILLS
Council member Allen made a motion to pay the unpaid bills. Council member Stowe seconded the motion. Motion carried with Council members Allen, Stowe, Lindsay and Barnes voting aye.
EXECUTIVE SESSION
Council member Allen made a motion to go into executive session for a strategy session to discuss pending or reasonably imminent litigation at 7:18 p.m. Council member Lindsay seconded the motion. Motion carried with Council member Stowe, Barnes, Lindsay and Allen voting aye. Present at the executive session were Mayor Pro Tempore Graham, Council members Barnes, Lindsay, Stowe, Allen, City Attorney Huntington and City Recorder Steed.
Council member Allen made a motion to come out of executive session into regular session at 7:57 p.m. Council member Stowe seconded the motion. Motion carried with Council member Barnes, Lindsay, Allen and Stowe voting aye.
Council member Stowe made a motion to adjourn the meeting at 7:57 p.m.
Council member Allen second the motion. Motion carried all in favor.
___________________________________
Stephanie Steed / City Recorder
Date minutes approved: 08/01/2017
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disability Act, individuals needing special accommodations during this meeting should notify Stephanie Steed, City Recorder at (435) 826-4644 at least 48 hours prior to the meeting.