MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

 

The Garden City Town Council held their regularly scheduled meeting on April 8, 2004 at the Garden City Office, Located at 145 W. Center (Logan Road).  Mayor Hansen opened the meeting at 7:00 p.m.

 

Council Members Present:

 

Ken Hansen, Mayor                         

Arlo Price

Sharlotte Wride

Mark Stringham

 

Excused:

 

Mike Leonhardt

 

Others Present:

 

Kathy Hislop

Sharlene Millard

Dennis Mason

Faye Mason

Manuel Ortega

Jean Babilis

Cathy Andersen

Mike Andersen

Gloyd Sprouse

Lana Hodges

Lance Borne

Hyrum Lantz

Cody Lutz

Larry Gray

 

BUSINESS LICENSE DISCUSSION

 

Stay-N-Place Storage, Hyrum Lantz

 

Mr. Lantz is not at the meeting so this item is tabled for now.

 

BOUNDARY LINE CHANGE, SPINNAKER POINT SUBDIVISION, Jean Babilis

 

Mr. Babilis stated that they will blend in the new buildings to look the same as the condos.  This request is just a lot line re-alignment by deeding a 10' strip of property to meet the set back requirement for the garage.

 

Council Member Price made the motion to accept the proposal for the lot line re-alignment.  Council Member Stringham seconded the motion.  All in favor and the motion carried.

 

ENCUMBRANCE AGREEMENT AND COVENANT TO RUN WITH THE LAND,

Dennis Mason

 

Mr. Mason explained that he owns lot #5 and #6 of Hyland Beach Subdivision and parcel #5A, which is north of Hodges Beach Subdivision.   He would like to remove the home that is there now and move in a modular home that will be placed across the lot lines.  This was presented to the Planning & Zoning Commission and they suggested that Mr. Mason deed the property into one lot.  Mr. Mason talked to the County Recorder and she can=t let them be deeded into one lot because they are not all part of the same subdivision.  Mr. Mason now would like to encumber the lots so he can put the modular home across the lots.  Mr. Mason stated that if the lots are encumbered he will meet the set backs.  He also would like to build a garage on the third lot.  He will meet the set backs for the garage.  Mr. Mason showed the plat map which shows were the existing house is and where the new house will be.  He also showed where the garage will be located. 

 

Council Member Wride feels that this is a good idea but she is not sure if we are doing it properly by encumbering a non-subdivision lot with the subdivision.  Mayor Hansen explained that it doesn=t change the legal description, it only encumbers them so they can=t be sold separately. 

 

Council Member Price made the motion to accept the Encumbrance Agreement and Covenant to Run with the Land for Lots 5 and 6 of Hyland Beach Subdivision and parcel #5A.  Council Member Wride, seconded the motion.  All in favor and the motion carried.

 

BUSINESS LICENSE DISCUSSION

 

Stay-N-Place Storage, Hyrum Lantz

 

Mayor Hansen said that there will not be a business license issued until there is an approval from the Planning & Zoning for this business.  Mr. Lantz said that he didn=t go to the Planning & Zoning meeting for a yes or no, he went to get the conditions on how to build the building.  Mayor Hansen said that he went to the meeting for approval of the project. 

 

 

Mr. Lantz said that this is a matter that needs to be addressed.  Mayor Hansen said that Mr. Lantz needs to come to the Town Council for his appeal.  Mr. Lantz is requesting an emergency meeting with the Town Council for the appeal.  Mayor Hansen said that we will try to accommodate him as fast as he can.  The Council will need the minutes of the Planning & Zoning meeting. 

 

Mr. Lantz also requested that the Council evaluate Commission Member Hodges and her opposition of his projects.  He is formally requesting that she be released from the Planning & Zoning Commission.  Mayor Hansen said this is not an issue to discuss at this meeting.

 

Moose Canyon RV Park, Hyrum Lantz

 

Mr.  Lantz explained that he will be doing nightly, weekly, and monthly stays at the RV Park. Reservations will be taken care of at the office.  He will have shower facilities, a wash room, laundry, full hook ups, cable, etc.  He will also offer light retail such as sun screen, band-aids, gift items, snacks, etc.  Just supplies for camping.  The RV park will be specifically oriented around camping.  There will be some tent spaces. 

 

Mr. Lantz said that he should be ready to open by Memorial Day.  The water and sewer is not connected yet.  He has applied for his sales tax number.  Council Member Wride asked Mr. Erickson if he has seen the drawings and if he has everything he needs for his business license.

 

Council Member Price said that he is financially involved in this project so he is not part of the  discussion.

 

Council Member Wride made the motion to accept the business license for Moose Canyon RV Park with the statements that have been provided.  Council Member Stringham seconded the motion.  All in favor and the motion carried.

 

Mayor Hansen said that we wish Mr. Lantz all the luck and that this project works good for him.  He also encouraged him to be a member of the Chamber.

 

SWAN SPRING UPDATE

 

Mayor Hansen explained that he talked to the engineers earlier this week and they are concerned that the interest rate for the water project is too high.  Also, we haven=t been approved for enough money for the project.  The estimated cost of the project is 1.3 million.  We have been approved for 1 million dollars.  They figured the interest rate was going to be 3.19%.  Mayor Hansen asked for a conference call with Mr. Mike Georgeson and our engineers.  They discussed the 1.3 million and the went over the application.  We scored higher points on our application and they determined a rate schedule, 25 years at 3.01% or 20 years at 2.75%.  Mayor Hansen asked Mr. Linford to do some calculations based on those two figures to see what that would do to our water rates.  If we go with the 20 year loan it won=t change the water rate structure that was proposed earlier, $20 - 24 per unit.  Tomorrow Mayor Hansen is going to meet with the State Water Board to finalize the funding for the loan. 

 

Mayor Hansen said that he has talked to some private bankers and it doesn=t look like we could get a better rate from them.  The Council agreed that the new rate is a reasonable rate for what we have to do and we still have to do it.  Council Member Wride said that the rate makes a lot of difference on that amount of money.   The difference between 25 years and 20 years would be a cost savings of about $160,000.  She feels it would be better to go with the lower rate.  The payments will be a little bit higher for the 20 year loan. 

 

Mayor Hansen asked the Council if they agreed with the 20 year loan at 2.75%.  If so, that is what he will request from the State Water Board.  Council Member Price and Council Member Wride agreed with the 20 year loan at 2.75%.

 

Mayor Hansen explained that we just finished the first MPA test on the test well.  It looks like we will have a fairly good run off this year at the spring.

 

Tomorrow Mayor Hansen will be asking for a revision of the scope of work and a 1.3 million dollar loan at 2.75%. 

 

Sunrise is working on resolving the water right issue for this project.  We are looking at moving the Balsamorhiza well rights, the Pickleville well rights, and the rights from Booth Spring to the new well.  We are going to file for a dual use on the rights in the spring to be able to use them in the spring and in the well.

 

SUBDIVISION OF NOT MORE THAN 4 LOTS, Richard Williams

 

Mr. Williams did not attend the Planning & Zoning meeting and did not get approval for the subdivision.  He is also not at this meeting.  This agenda item is tabled.

 

INCREASING DENSITY AT KOA, Daniel Moldenhauer

 

The Planning & Zoning Commission discussed this matter during their meeting but there was no action taken.  This item is tabled.

 

WATER OPERATOR REPORT

 

Mayor Hansen explained that we will develop a policy on private water line repairs.  We have no responsibility from the meter to the house.  Our responsibility ends at the meter.  It is still good PR to help but we should have a licensed plumber take care of the private lines.  We did send out a note in the water billings that it is critical to have a shut off valve.  We will take care and maintain to the meter.

 

Also, in preparing the new exit for the state marina they found the 8" water line.  It wasn=t damaged but we did find some leaks.  Mr. Andersen replaced that section of line to alleviate any problems. 

 

BUDGET REVIEW

 

Council Member Price stated that the revenues are at about 77% and our expenses are at 62%.  In general, the budget looks good but there are a few items that are over the budgeted amount.  The RDA property taxes are still a little low. 

 

Mayor Hansen explained that we are approaching the new budget year and the Council should be thinking about their departments and what they need.  Mayor Hansen said that the Council made a commitment to the Tourist Committee for advertising.  We will need to open the budget in June to compensate for the extra expenditures.

 

MISCELLANEOUS ITEMS.

 

2004 Goals

 

Mayor Hansen is still trying to put together a Beautification Committee.  Ms. Margaret Satterthwaite said that she would co-chair the committee.  She will get some names of people that she wants to work with.   

 

Resolution #R04-01 , Freedom of Religion Month

 

Council Member Wride asked if there is a benefit for this Resolution.  Mayor Hansen said that it just shows our support. 

 

Council Member Price made the motion to adopt Resolution #R04-01, Freedom of Religion Month.   Council Member Wride seconded the motion.  All in favor and the motion carried.

 

Comcast Franchise Agreement

 

This is just a new franchise agreement for the cable tv.  Council Member Price read over the ordinance and he doesn=t have a problem with it.  There was one thing that is not included in the new agreement.  In the original agreement we specified that they can=t bring in a new channel without authorization from the Town.  We will invite them to the next meeting to discuss the original issue.  This ordinance does not give them exclusive rights in Garden City it is just approval for them to operate in Town.  They own the cable lines, etc. 

 

ATV Committee, Larry Gray

 

Mr. Gray has visited with Commission Member Hodges and a few other people to be members of the ATV Committee.  They will try to have the first meeting next week.  The first meeting will be to lay the ground work and the goals of what they want to accomplish.  Council Member Wride is the Council Member appointed for this committee. 

 

Update on Bear Lake Marina, Larry Gray

 

The renovation at the Marina is going really well.  They should be completed on time, May 11th. They have until May 26th to complete the project.  Demolition of the old building will be done next week.  They built a dam around the area where they will be extending the ramp.  

 

The depth in the marina averages from 5-6 feet.  They are forecasting that it won=t go much higher than that.  The other things in the park are going well.  Rendevous Beach will be open soon.                                                                     

 

Youth Council Discussion

 

We would like to put together a Youth Council for the Town, which is a good way to get the young people involved in the community.  They will present their ideas to the Town Council.  It would also help get the parents involved.  It also gives the youth some say in what happens in the

Town and gives them an opportunity to be a part of the system.  It could give a whole new perspective to the issues in the Town. 

 

Utah Power Discussion, Lance Bourne

 

Mr. Bourne explained that they are proposing the replacement of 26 power poles.  Because of the latest power problems Utah Power has agreed to fund $35,000 for this project.  They will re-do or change 26 poles, which should solve the maintenance problems.  This will require a 6 hour shut down, but they will mail notices to the property owners.  The style of the poles will also change.

 

Mayor Hansen thanked Mr. Bourne with his help in the community.  He goes beyond the call of duty for us.

 

Town Park discussion

 

Mr. Andersen got an estimate of $4,200 from Custom Fence for a back stop and a design.  He feels it is way high.  Council Member Wride suggested that it be an eagle scout project.  Mayor Hansen would like to see a back stop, soccer goals and a utility vehicle for the park.  Mayor Hansen will get a bid for those items.  We should also renovate the restrooms at the park.  We should have one of the restrooms available during the winter if we are going to have an ice rink.  We also may want to close in the more of the bowery for a wind break.  The basket ball standards are just about trashed and we need to make them indestructible.

 

Council Member Stringham said he will work with Mr. Andersen on these things.  Mr. Erickson  suggested that we check with the chain link company that is working around Spinnaker Marina.  Mr. Gloyd Sprouse asked about the footage for a baseball diamond.  He has concerns because it will be next to his home.  He asked the Council to consider them when making these decisions. 

 

CAT Team meeting

 

Logan Canyon road is still moving forward.  The environmental impact study has been approved.  They will do a cut and fill.  They will re-seed and plant new trees.  The visitor center is all approved with no legal holds.  They are now in the land acquisition part of the project.  They think the construction will probably start no earlier than the middle of July.  Because it is so late in the season they will give the contractor the option to start then or next spring.  They have committed to keep the canyon open during the busy weekends.  They will only have the road closed during the time when they are blasting.

 

Mr. Sprouse asked about the fire that happened a couple of years ago above Chevron.  We didn=t turn in a claim because we didn=t have any expenses.

 

Dredging the Marina, Larry Gray

 

Mr. Gray explained that they are talking about dredging the mouth of the marina.  He said that we need to make it happen.  He said that there will be a problem getting the boats out of the marina if they didn=t dredge.  There is a spring that flows across the front of the marina that fills up the mouth.  They have about 5.5 feet of water in the marina right now and that is expected to drop about 3 feet by the end of the summer.  There is about 18 inches to 2 feet of material in the mouth of the marina right now.  That would close the marina because nobody will get their boat out of the marina.

 

Mr. Gray has been trying to get some funding to bring a dredging machine for the marina.  He has some one to pay $15,000 which is 2 of what it will cost.  He is trying to get other entities to partnership with the project.  He visited with the County Commissioners and the state of Idaho and they both have agreed to donate some money for the project.  He has secured $3500 from the County Commission and $3000 from the state of Idaho.  He feels he can come up with $4000 from his agency because it is so close to the end of the budget year.  He has other options that he will try to get funding from also.  He said the project will have to be done one way or the other.  He will visit with the Chamber and also Harbor Village.  He is about $4500 short to get the dredging done.

 

If they do the project through the state, it has to be bid out.  He requested doing the project through the Town the County or anyone else to get them here sooner.  He would like to see the dredger here before the 26th of May.  If we do it too soon and if we have many storms, it will fill the mouth more. 

 

The lake level right now is about 5905' and they estimate it will go to 5902' or slightly lower.  The high water for this year is estimated 5905.1'.  That is 3.5 feet lower than we started out last year.

 

The large sail boats will not be able to launch at the marina no matter what they do with the dredging.  This project will just be mainly for the regular boaters.  Their large rescue boat had a hard time getting out of the marina last year.

 

Mayor Hansen said that this will really impact us.  Mr. Gray said that from the state parks stand point, if the marina shuts down they will loose about $176,000 in entrance fees, overnight slip fees, etc.  Also, the concessionaire at the marina will be out of business.

 

Safety issues on the lake will be hindered because the Parks and Rec won=t be able to respond.  Revenue will be significantly reduced all around.  If people can=t launch their boats they just won=t come and tourism will suffer.  Council Member Wride said that it will also effect next year because people won=t come back if they think there=s a problem.   The dredging will make the mouth the same depth as the rest of the marina.  It doesn=t make any different to make it deeper than the rest of the marina because if they can launch then they can go out the mouth.

 

Mr. Gray said that they need $4500 more for this project.  Council Member Wride suggested that he talk to Laketown, the Chamber, ORE, etc.

 

Mayor Hansen said that the resort tax money is there and can be used for this.  Council Member Price said that we have $4000 that we budgeted for EMT=s that we probably won=t spend before the end of the budget year.

 

Council Member Price made the motion that after Mr. Gray goes to the other entities with this request to do what he can, then we pay the balance of the $4500.  Mayor Hansen said that it is important to not let the marina close, Bear Lake is why the people come here.  Mr. Gray is going to go to the other people next week.  He is willing to come back to the council if necessary.  Motion Died for lack of a second. 

 

Council Member Price made the motion to pay the balance of the $4500 that Mr. Gray can=t raise.  Mr. Gray is okay with that agreement.  Council Member Wride said that if the others don=t come up with some money it doesn=t matter because it will still impact us.  This shows a good relationship between the community and even other states and other agencies to see this come together.   Council Member Stringham seconded the motion.  All in favor and the motion carried.

 

Mr. Gray asked that when they go forward with this project is it okay to run it through the Town so they don=t have to wait for the bids.  Mayor Hansen explained that we also have a policy of anything over $5000 needs to go out on bid.

 

 

 

Old Annexation Review

 

Mayor Hansen said that we should look at the first annexation and include the state marina.  We need to see if we can get that to go through.  There are a lot of the people that come to the meetings and expressing their opinion but they are still not in the Town boundaries.  We should try to include the state marina.   Mayor Hansen recommends that we look at that annexation and try to get it done.  It should be on the agenda next month.

 

We also need to work on the annexation request from Mr. Ron Rash.  Spinnaker Marina is interested in annexing also. 

 

Transient Business License

 

Council Member Stringham made the motion that if a transient business license meets all the ordinances they are reviewed by the Clerks and Council Member Stringham.  Council Member Price seconded the motion.  All in favor and the motion carried.  If a transient business needs a conditional use permit it will have to go to the Planning & Zoning Commission.

 

County Clean up

 

Mayor Hansen said that he is uncomfortable asking anyone to put the trash on their property.  Mr. Swenson wasn=t dissatisfied last year.  Mayor Hansen said that the county has property at the cut and suggested that we just use that for the clean up.  Mayor Hansen will work on that.

 

BUILDING INSPECTOR REPORT, Randy Erickson

 

Mr. Erickson passed out his report which shows from July to March.  We have approximately $48, 000 in building permit fees.   We have almost 50 permits between the Town and the County for this year since January.

 

Mr. Erickson is going to a Commercial Inspectors class the week of the 25th and will take the test on May 3rd.  This is just for the building portion of the commercial inspections.  Mr. John Neilson  will fill in for a couple days during that week. 

 

Mr. Erickson also explained the new program for GPS and that we can  tag onto the counties arcview.  We would just be a user on the program so we wouldn=t have to purchase the whole program.  If we want to keep things up to date we should have an accurate map of the fire hydrants, street signs, water lines, new piping, etc.  We should know where everything is.  This is a very expensive venture but we can go for grants and also work with the county. 

 

Mr. Erickson  and Council Member Wride will research the options to purchase the program for this project.

 

 

 

COUNCIL MEMBER REPORT

 

Council Member Wride explained that Ms. Sydney Fonsbeck  will be at the May Planning & Zoning meeting and the Council is invited.  She will talk about our mobile home and subdivision ordinances.

 

Council Member Wride said that we have some really valuable files in the office and if we ever have a fire we would have a disaster.  We would loose a tremendous amount of data.  She suggested fire proof file cabinets.  

 

Council Member Wride explained that during the County Commission Meeting they interviewed for a Homeland and Emergency Security Director.  The are also considering the Rich County Times at Bear Lake as our official paper.

 

Council Member Stringham explained that there are a few business owners that have not paid their business license fees for the year.  There are about 5 businesses that obviously should be paid, and 4 that probably will be expired.  He will write a letter and send to the 5 that need to renew their business license.  After May 1st they will have to go through the entire business license process again.

 

Council Member Stringham said that he put a tentative value on this part of the building.  There are a lot of variables that may come into play when we discuss liquidating but he thinks the addition is worth about $42,000 and the main part should be about $85,000.  Those figures are just for the structure and not the ground.  The whole 100 x 40 structure was built for $75,000.  Council Member Price said that what is the Fire District is the Fire Districts and what is the Towns is the Towns and we can come up with a figure for our part of the building.   The figure should be based on a cost to build roughly the same thing.  We also need to figure in the land that the building sits on, it is prime real estate.  We should be willing to work with the Fire District. 

 

There is an alternative plan that we could buy the Fire District out.  That is a possibility.  We could fill this building right now with what we have. 

 

APPROVAL OF MINUTES

 

The Regular Town Council Meeting held on February 12, 2004

 

Council Member Price made the motion to accept the minutes for the Council meeting held on February 12, 2004 as presented.  Council Member Wride seconded the motion.  All in favor and the motion carried.

 

The Executive Session held on February 12, 2004

 

Council Member Wride made the motion to accept the minutes of the Executive Session held on February 12, 2004 as presented.  Council Member Price seconded the motion.  All in favor and the motion carried.

 

The Executive Session held on March 11, 2004

 

Council Member Wride made the motion to accept the minutes for the Executive Session held on March 11, 2004 as presented.  Council Member Price seconded the motion.  All in favor and the motion carried.

 

The Public Hearing Held on March 11, 2004

 

Council Member Price made the motion to accept the minutes for the public hearing held on March 11, 2004 as presented.  Council Member Wride seconded the motion.  All in favor and the motion carried.

 

The Regular Town Council meeting held on March 11, 2004

 

Council Member Price made the motion to approve the minutes of the Town Council meeting held on March 11, 2004.  Council Member Stringham, seconded the motion.  All in favor and the motion carried.

 

PAYMENT VOUCHERS

 

Council Member Price made the motion to pay the vouchers as presented.  Council Member Wride, seconded the motion.  All in favor and the motion carried.

 

ADJOURNMENT

 

There being no further business to be brought to the Town Council, Council Member Wride made the motion to adjourn the meeting at 9:40 p.m.  Council Member Stringham seconded the motion.  All in favor and the motion carried.

 

 

APPROVE:                                                                                            ATTEST:

 

 

 

 

 

 

___________________________________                 ____________________________________

Kenneth Hansen, Mayor                                                 Town Clerk