MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The
Garden City Town Council held their regularly scheduled meeting on July 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:
Kenneth Hansen, Mayor
Mike Leonhardt
Sharlotte Wride
Arlo Price
Mark Stringham
Others
Present:
Kathy Hislop
Sharlene Millard
Randy Erickson
Robert Mattson
Sue Mattson
Ruth Kuhlman
Tom Kuhlman
Loretta Fidler
Garnett Sorenson
Judy Jensen
Milt Jensen
Bill
England
Barbara
England
Margaret
Satterthwaite
Jan
Luczak
Richard
Williams
Keri
Roemer
Mayor
Hansen welcomed everyone to the meeting.
BUSINESS LICENSE APPROVAL
Stay in Place Storage,
Hyrum Lantz
Mayor
Hansen felt that we shouldn=t discuss this until the business is complete. The Council agreed.
This
item was tabled.
RIGHT OF WAY DISCUSSION, Robert & Sue Mattson
Mr.
Mattson stated that when Mr. Jensen started his project, the Bear Trapper Steak
House, there wasn=t much
discussion. Mr. Jensen knew of the 15'
right of way. Mr. Mattson said that it
keeps getting blocked. Ms. Mattson has
kept track of how often it has been blocked so she couldn=t get out of her driveway. She said that when the sidewalk was replaced
the right of way was blocked for a week.
She would like to see some signs.
Council Member Wride said that they need a barrier, that was part of
their conditions. Mr. Jensen agreed
that they need to have a barrier and signs stating that it is a private
driveway. The signs are on order. The barriers are there now. When the signs are in place that should take
care of the issue. Mr. Jensen
acknowledges that there was a car blocking the driveway last night but it was
not one of their customers and they did try to find out who the car belonged
to.
Mr.
Jensen stated that Ms. Mattson was notified when there was construction and she
wasn=t able to use the driveway. Ms. Mattson said that there was only one
time that she was notified.
The
signs will say private driveway, exit only.
Mayor Hansen said that they need a sign that states if they park in the
right of way they will be towed. Milt
will put whatever the Council requires.
Council
Member Stringham suggested painting lines and directional signs on the
asphalt. Mr. Jensen said the striping
will be done next week, along with arrows.
All the parking spots will be marked.
Mr.
Mattson said that the restaurant has been opened about 12 days and the right of
way was block 5 times during those 12 days, that is not satisfactory. He would like to have a barrier between the
business and their home. Mr. Jensen
said that is not a private driveway, it is a right of way and it is deeded to
him. There are cement barriers there
today. Mr. Mattson said that the right
of way has been established for many years.
They just want a driveway that they can get in and out of. Mr. Mattson said that Garden City agreed that
he can use that as a public access.
Mayor Hansen said that Garden City does not get involved in disputes
between private property owners.
Mr.
Jensen said that they put in the concrete barriers today and the signs are on
order, etc. Mr. Mattson wants a barrier
between the right of way and his property.
Mr. Jensen said that the barriers were placed today. Mr. Mattson feels that they will still park
in the driveway. Mr. Jensen said that
they are trying to alleviate the problem the best they can and they feel that
they are doing everything they can do.
Council
Member Wride said that they were not as specific about the barrier and what
they were going to be. Mr. Jensen said
that he prefers not to put in a fence and the Council agreed. He just needs something to keep people from
parking there.
Mr.
Mattson read from the minutes which indicates that they will put in a rail
fence. Mayor Hansen asked if they would
put up a rail fence. Mr. Jensen said
that he would if the Council wants that but he would rather not do that. He is willing to take care of that issue
immediately if they are told of the problem at the time there is a
problem. They want to be a good
neighbor. They have no desire to block
that driveway. He feels that they have
done the best they can do. The signs
will be there probably this weekend.
Council
Member Leonhardt said that they need to try to resolve the issue with the
barrier and the signs. Ms. Mattson needs to document it if there is a
problem. We need to call them and have
them take care of the problems. There
is nothing the Council can do about it.
Mr. Jensen is complying with the conditions that were set on the
conditional use.
Council
Member Stringham feels that we need to review the actual conditions of the
conditional use permit. There are
issues that have come about during construction. We should try the concrete barriers, the signage and see how that
works. They need to have access to
their property.
Council
Member Wride agrees to review the conditional use permit and make sure he is
complying. We all go through problems
when there is construction.
Council
Member Price said that he is sorry to see a private argument come before the
Town Council. Mr. Jensen has put up the
barriers and will put up the signs. Ms.
Mattson needs to document when there is a problem. She can get pictures, etc.
Council Member Wride said that we need to let Mr. Jensen finish
complying with the conditions of his conditional use permit. Mayor Hansen said at that point if there is
still further problems then we should look at other remedies.
Mr.
Jan Luczak stated that there are people parking in front of his property
also. He suggests that they put up a
sign that can be seen both ways marking the parking area. The sign that is there now is on the ground
and you can=t see it.
The sign needs to be raised and made so people can read it from either
direction.
Mr.
Jensen said that the parking lot is being used. He feels that the stripping and everything they plan to do will
take care of the problem. If there is a
problem they would like a phone call and they will take care of the issues
immediately.
Mayor
Hansen said that the Council will watch as we drive through town to make sure
there is not a problem with the right of way.
We will go with what they have planned and see how that works. If there is anymore problems we will address
them.
ENCUMBRANCE AGREEMENT AND COVENANT TO RUN WITH THE LAND,
Tom
& Ruth Kuhlman
Mr.
Kuhlman explained that they are located in Bridgerland Village Plat CC, Lot 10
and 11. They want to encumber the lots
together so they can build a garage on the vacant lot. The garage will look like a house from the
outside. It will be a garage/shop, just
for Mr. Kuhlman to work in. They did
propose it to the HOA. Mr. Randy
Erickson reminded them that they need a letter from the HOA for the building
permit.
Council
Member Leonhardt made the motion to approve the encumbrance agreement for Lots
10 and 11 of Bridgerland Village Plat CC, owned by Tom and Ruth Kuhlman. Council Member Price seconded the motion. All in favor and the motion carried.
RESOLUTION #R04-05
This
resolution just gives the BRAG Housing Authority the ability to the help people
in this area find affordable housing.
Council
Member Leonhardt made the motion to accept Resolution #R04-05. Council Member Price seconded the
motion. All in favor and the motion
carried.
SUBDIVISION DISCUSSION, Mr. Richard Williams
Mr.
Williams was approved for a lot split into 3 lots. One of the stipulations was that on the plat the third lot was
marked that it Acould not be subdivided@ because it would not meet the current
ordinances. Mr. Williams is concerned
that it will be on the survey. The
concern was that he couldn=t subdivide that 3rd lot because he can=t provide the in and the out. Mr. Williams said that he will take out the
trees and clean up the lots and make a driveway to the third lot. He doesn=t want to subdivide the third lot again he just wants to sell it but it
won=t be sellable with the statement on the
plat. Council Member Wride agreed to
take that off the plat but we need to state in the minutes that with the
current code it is not subdivideable.
We just need to make sure that Mr. Williams is aware of that issue. Council Member Wride said that she is okay
with that as long as Mr. Williams knows that the current code does not allow
the subdivision without the in and the out.
Any future buyer also has to conform with the current code.
Council
Member Stringham made the motion to allow Mr. Williams to remove from the plat
the condition that the third lot is marked that it is not subdivideable. Council Member Leonhardt seconded the
motion. All in favor and the motion
carried. The new owner will have to
comply with the regulations.
SWAN SPRING UPDATE
Mayor
Hansen explained that it is time to get the general public in an uproar like
the Council. Ms. Laraine Pace was in
Mayor Hansen=s office, she wanted to know how things are
going on the water project. Mayor
Hansen brought her up to date on the well and the EPA rule. She was furious when he explained the rule
and the exemption to her. Previously
the state had told her that they were not more restrictive than the EPA, when
in fact they are. She is going to work
on the issue and if she has to introduce legislation she will do that
also. There are two parts of the rule
and the state has only adopted the first part of the rule. The first part indicates the criteria to
determine if we are surface influenced.
The second part gives an exemption for filtration if we can meet that
criteria. Mayor Hansen said that we
meet or exceed all those requirements.
Mayor Hansen has discussed this issue with the attorney many times. The attorney stated that he is not pushing
to litigate but if we want to, he feels that we have an excellent chance to
win.
Mayor
Hansen explained that when they did the MPA test the pre-coursers did show up
that indicates that we may have surface influence, but there was no crypto
sporidium. Our water tests have been
outstanding. There have not been any
toxic issues.
Mayor
Hansen stated that he wants the Council to listen to this like a judge would be
listening to it. We have never had any
health issues, no one has ever been at risk, we have always had the proper
chlorination, we have a source protection plan, and our source is on state
property and boarded by national forest property. He doesn=t feel
that will ever change. Taking all those
things into consideration he doesn=t know why the state has not given this community the opportunity to
exercise the exemption part of the EPA rule.
The
state has also not met another requirement, they have never considered our
source unsafe to drink. According to
the attorney they have to declare that and make that statement. They can=t declare that because they can=t document it. There are dozen
of cities that have applied and have been accepted to that rule. They have the option.
Mayor
Hansen said that we can build the treatment plant or we can put some pressure
on the state to find out why we can=t use that rule.
We
believe that our water is safe and there has never been a problem with it and
we want the opportunity to comply with the exemption. We did send a letter to Mr. Mike Georgeson, from the State DWQ,
requesting an answer why we can=t use that rule. We have not
had a response.
There
are several other Utah towns or cities that are being held hostage like
us. It comes down to whether or not the
Council has the desire to take on the
state. Mr. Tony Martineau feels that
the worse thing that can happen is that we may still have to filtrate. At that point we can petition the state to
help pay for the treatment plant. That
treatment plant will not filter one thing out of our water.
Council
Member Leonhardt said that we need to wait for a response from the state and
also wait to see what Ms. Laraine Pace has to say. Mayor Hansen said that he is concerned with the deadline. Mr. Tony Martineau stated that he is not
concerned about the deadline because we are still working on the issue.
Council
Member Price asked about a class action with the other towns. Does the attorney feel that there would be
an advantage to do that?
Mayor
Hansen said that to meet the requirements of the rule, the least we will have
to do is to build a storage tank, which would provide a longer contact on our
chlorination. The tank will also help
with the turbidity that we get in the spring time. If we win against the state that may get the state with their
backs up and they may be horrible to deal with for quite a long time in the
future.
Ms.
Margaret Satterthwaite said that during the meeting in the park, they indicated
that they would exhaust the administrative process and have hearings before it
ever goes to court. Mayor Hansen
explained that he has met with the State Water Board, which would be their
administrative process. They were not
forth coming to Mayor Hansen because he asked them if they were more
restrictive than the EPA and he was told no.
Also, Ms. Pace asked the director of the State Water Board and she was
told no also. The state is more
restrictive because they are not allowing us to exercise the exemption part of
the rule.
Right
now the water is cleaner than what a filtration plant has the ability to
produce. Mayor Hansen said that he
feels that if the state finds any pre-coursers anywhere they will make us
filter and that is a way that they don=t have to worry about it.
We
do have good contact time on our chlorine right now because of the size of the
pipe. The tank would be half million to
three quarter of a million dollars to build, that would certainly be less than
the 2.7 million treatment plant.
Mayor
Hansen said that Mr. Tony Martineau is willing to come up and visit with the
Council to go over the process and to see if we are comfortable to work through
the process with him. Mayor Hansen suggests that the Council have Mr. Martineau
come to discuss this in a public meeting.
Council
Member Wride said that she doesn=t like being stonewalled and held hostage. Council Member Leonhardt feels that we shouldn=t give up, we should wait for a response from
the state. We can talk to Mr. Martineau
while we wait for the response.
Mayor
Hansen explained about the deadline in August.
To comply we will have to build the treatment plant, remediate or
disconnect the line from the spring.
Mayor Hansen is not too concerned about the date, we have been working
on this for over 4 years. We have
always been working on option #3, which is to mitigate the problem. If we build a treatment plant we will never
be able to get out from behind the EPA rules.
We will no longer be in control.
Ms.
Margaret Satterthwaite suggested that to mitigate is to use the option of the
EPA rule. Mayor Hansen stated that he
said that in the letter he sent to the state.
The
audience agreed that the Council is doing the right thing. Mr. Jan Luczak suggested that we get our
money together and get started without the government. We can build the storage tank without the
government.
Mr.
Milt Jensen said that the down side would be fighting against government
regulations and the bureaucracy because it takes a lot of time and money. We may want to try to tie into other
communities who have the same problems.
Mayor Hansen feels that it is a very simple argument, we have our facts
in line. Ms. Margaret Satterthwaite
said not to fear litigation, it may cost some but should be a lot less than 2.7
million dollars. We can go before a
judge and if he hears that our water is cleaner than what the treatment plant
will produce we should be in good shape.
We need to do a lot of advertising.
We
haven=t heard any argument from the community
against this plan. Mayor Hansen
explained that we have tried to cover every base, we have done everything that
we could have done. We should wait to
hear from the state regarding our letter.
Council Member Price is willing to meet with Mr. Tony and Mr. Ray
Martineau. Until we hear from the state
we shouldn=t be in a big hurry. We should try to meet with the Martineaus
before the Public Hearing. The Council
agreed to try to get a meeting with them next Wednesday at 7:00.
RASPBERRY DAYS UPDATE
Parade
There
is a convertible car for the Council to ride in. The quilter=s want to ride on the fire truck.
Grand Marshall
The
parade chairman wants someone from Fish Haven.
Council Member Leonhardt said that he would prefer someone from Garden
City. Council Member Wride agreed. The Council suggested that we ask Oral Lutz
and Dorothy Stringham.
5K
The
Council suggested that they start the 5K race in the back parking lot and the
back grassy area of the church and going through Buttercup. Council Member Wride said that as a member
of the HOA presidency, that would be okay.
MISCELLANEOUS ITEMS
County Fair Parade
The
county fair committee would like the Council to ride in the parade. Ms. Keri Roemer suggested they team up with
the clinic. Council Member Wride said
that part of the problem is the preparation.
The Council said that they will think about it.
Rich County Fair Ads
The
Council agreed to put an ad in the fair ads.
Council
Member Leonhardt made the motion to put an ad in the Rich County Fair ads. Council Member Stringham seconded the
motion. All in favor and the motion
carried.
Utah League of Cities and Towns Convention
The
Convention is September 15-17. Council
Member Leonhardt would like to go. The
Council agreed that he can go to the convention.
Trendwest Kiosk
Trendwest
would like to set up a canopy to explain about their resort. They would not be doing any selling, they
would send people to the resort for the presentation. This would be just to tell them a little bit about the
resort. They would also give away ice
cream cones or something like that.
Mayor Hansen said that he doesn=t really have a problem with that but he does with handing out free
stuff. He suggested that they do a
coupon for a local business instead.
Mr. Erickson would have to approve the canopy.
We
need to know how long they will be there, we need a letter from the property
owner allowing it on their property.
The Council feels that they need to come tell them what they are going
to do.
Trendwest
is still working on a few issues but they want to be on next months agenda.
Comments from the ULCT
Mr.
Joe Anderson made some comments the last time he was here for a review. He suggested that we either till the old
sand at the park or get some new sand.
The sand there now is very hard.
Council Member Stringham said that he will get some new sand at the
park. Mr. Anderson also suggested a
park maintenance record. We will give
this to Mr. Andersen and Mr. Price to do while they work at the park. The Council also agreed to start having
people fill out a AHold
Harmless@ form when they want to reserve the park or
the office.
The
fee for renting the stage will be changed to $100.
Library
Ms.
Dorothy Stringham has been working as a volunteer in the library. She really enjoys working in the library. Ms. Afton Floyd, the main Librarian, has
requested that the library be opened one more day a week or one morning during
the week. She would like to have Ms.
Stringham work that extra day.
Council
Member Leonhardt made the motion to have Ms. Dorothy Stringham work in the
library one more day a week. Council
Member Stringham seconded the motion.
All in favor and the motion carried.
Beautification Committee
Mayor
Hansen explained that the Beautification Committee met last night and they have
a really good group. We will have some
real good progress in the years to come.
He thanked Ms. Margaret Satterthwaite for helping to get the committee
organized. Ms. Satterthwaite agrees
that it is a good committee with a lot of people excited about
beautification. They talked about doing
recognition for people who do extra in certain areas. Ms. Garnett Sorenson said that the barrels have added a lot. That was a good way to get citizen
involvement.
Utility Vehicle
Council
Member Stringham explained that the Gator should be coming any day.
Sales Tax Report
Council
Member Stringham said that he was looking at the sales tax report and he has a
few concerns. He will work with the
clerks regarding his concerns.
Park
Council
Member Stringham said that he has received no feed back from the neighbors of
the park on after hour activities. The
park looks great.
Budget
Council
Member Price showed the budget that was finally approved and sent to the
state. He explained the budget to the
audience.
Kimball Lane
Council
Member Wride explained that Kimball Lane will most likely be paved this year by
the county. They need to look at their
budget priorities.
Sidewalks
Council
Member Wride said that we are getting a lawn edger. They have also been working on replacing the sidewalks and
killing the grass between the sidewalks.
Street Signs
Council
Member Wride is also working on new street signs. She is looking at having the logo with a white back ground and
blue letters. Mayor Hansen asked if it
is better with dark letters on a white background or white letters on a dark
background. Council Member Wride will
look into see which is better. She is
also checking with UDOT on their requirements.
Trash Issues
Council
Member Wride has been questioned by several citizens on the trash issues. Mayor Hansen said that they are in a very
bad situation but the county is working on the issues.
Water Tank in Buttercup
Council
Member Wride passed out a map of Buttercup Subdivision, the water tank and
Washakee. There is not an access to the
water tank. She asked how we can get to
the tank. We can=t continue to go across the private
land. Washakee is now owned by
Balsamorhiza. Mayor Hansen said that
the tank was originally part of the Buttercup Subdivision so they have to give
us some type of an easement to the tank.
Council Member Wride said that this is just something to consider and
she will do more research.
Architectural Standards for 300 W
Council
Member Wride passed out the architectural standard sheet for 300 W, for the
Councils review. She wondered if they
would like to have a public hearing next month to discuss the standards. Mayor Hansen would like to have a chance to
look at it and discuss it next month.
Council Member Wride is concerned with people coming in with projects
and not having anything to go by.
Ambulance Service
Council
Member Wride said that she has had several citizens express a concern about
getting the ambulance here in a reasonable time. Ms. Garnett Sorenson asked what we need to do to get an ambulance
in Garden City. With the tourist
situations being right here she feels that it is necessary to have an ambulance
here. We are really growing and we need
more of these support systems here.
Mayor Hansen explained that in order to have an ambulance we need a crew
here to run it. She suggested having
someone full time. Mayor Hansen said
that in order to do that we would have to raise the taxes. We would have to have two EMT=s.
She suggested looking for grants to help. Council Member Leonhardt explained that right now it is a county
program and we would have to get their support.
Mayor
Hansen said that it really needs to come through the Fire District because it is
an emergency service. First responders
typically come from Fire Departments now.
Mr. Kim McFarlane suggested that we look into a quick response unit. First responders could run that.
Ms.
Sorenson really wanted to stress that it is important to a lot of people in
this community. Mayor Hansen said that
we have been working on this issue as well.
The more services we want to have provided to us the more we will have
to pay in taxes. Council Member Leonhardt said that we are actively working on
this issue.
Signs
Council
Member Wride asked about signs in town and what we do if they are in violation
of the ordinances. We notify Mr.
Erickson and he will try to take care of it.
BUILDING INSPECTOR REPORT
Mr.
Erickson passed out the report from July 2003 through June 2004, for the last
fiscal year. Trendwest is looking at
building 3 new buildings and there are plans coming in every day. Mr.
John Nielson is working out well.
Council
Member Wride asked about the possibility of purchasing a temporary trailer for
the >building inspectors= office.
We could have it in the back of the building. We will wait to see how the facility grant works out.
PAYMENT VOUCHERS
Council
Member Leonhardt made the motion to accept the payment vouchers as presented.
Council Member Price seconded the motion.
All in favor and the motion carried.
APPROVAL OF MINUTES
Special Meeting held on June 3, 2004
Council
Member Leonhardt made the motion to accept the minutes of the special meeting
held on June 3, 2004 as presented.
Council Member Price seconded the motion. All in favor and the motion carried.
Public Hearing held on June 10, 2004 at 6:10 p.m.
Council
Member Leonhardt made the motion to approve the minutes of the public hearing
held on June 10, 2004 at 6:10 p.m. as presented. Council Member Price seconded the motion. All in favor and the motion carried.
Public Hearing held on June 10, 2004 at 6:30 p.m.
Council
Member Price made the motion to accept the minutes of the public hearing held
on June 10, 2004 at 6:30 p.m. as presented.
Council Member Wride seconded the motion. All in favor and the motion carried.
Regular Town Council Meeting held on June 10, 2004
Council
Member Leonhardt made the motion to accept the minutes of the regular Town
Council meeting held on June 10, 2004 as presented. Council Member Price seconded the motion. All in favor and the motion carried.
Special Meeting held on June 17, 2004
Council
Member Price made the motion to accept the minutes of the special meeting held
on June 17, 2004 as presented. Council
Member Leonhardt seconded the motion.
All in favor and the motion carried.
Council
Member Wride suggested that we put a description or title behind their name on
the roll call.
ADJOURNMENT
There
being no further business to be brought before the council, Council Member
Price made the motion to adjourn the meeting at 10:00 p.m. Council Member Leonhardt seconded the
motion. All in favor and the motion
carried.
APPROVED:
_______________________________________________
Kenneth
Hansen, Mayor
ATTEST:
______________________________________________
Town
Clerk