MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town
Council held their regularly scheduled meeting on November 11, 2004 at the
Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 7:05 p.m.
Council Members
Present:
Kenneth Hansen, Mayor
Mike Leonhardt
Sharlotte Wride
Mark Stringham
Excused:
Arlo Price
Others Present:
Kathy Hislop
Sharlene Millard
Randy Erickson
Pat Reilley
Laura Reilley
Margaret Satterthwaite
Bobby Clark
Layne Clark
Loretta Fidler
Bryce Huefner
Bryan Stringham
Mark Hislop
Larry Gray
Lance Bourne
Donna Hansen
Lindsey Hansen
Stephanie Floyd
Darin Pugmire
Gary Teuscher
Sylvia Teuscher
Mayor Hansen
welcomed everyone to the meeting.
BUSINESS
LICENSE DISCUSSION/APPROVAL
Ageless Imaging
and Cinema, Larry Gray
Mr. Gray explained
that he would like to open a business out of his home, transferring digital
images, pictures, CD=s or
video cassette=s to DVD.
They have opened up an internet site.
He will have his clientele
come to his home or he can go to their place, but he doesn=t anticipate
having more than one client at a time.
There will be no retail sales just services. He will have to charge sales tax for the finished product and he
does have a sales tax number that is registered with Garden City. There are no chemicals involved, just
digital equipment and his computer.
Council Member
Stringham made the motion to approve the business license for Mr. Larry Gray
for Ageless Imaging and Cinema. Council
Member Leonhardt seconded the motion.
All in favor and the motion carried.
Bear Lake Marine,
Harry Bennion
Mr. Bennion is not
in attendance at this meeting. Mayor
Hansen stated that if the business is not in the same location as before then
he will have to go to the Planning & Zoning Commission first for a
conditional use permit.
AUDIT
PRESENTATION
Mr. Teuscher is late
getting to this meeting. The Council
agreed to move to the next agenda item and come back to the audit when Mr.
Teuscher gets to the meeting.
YOUTH COUNCIL
Mayor Hansen
explained that we have a new Youth Council which is really a good thing for the
community and a great opportunity for the youth.
Ms. Sharlene Millard
explained that the Town Council wanted to start a Youth Council and get the
kids involved with things that they think are important for Garden City. The Youth Council will learn how to decide
what they want to see done and figure out how to accomplish it with the help of
the Town Council.
The new Youth
Council is:
Stephanie Floyd,
Mayor
Lindsey Hansen,
Youth Council Member
Spencer Hansen,
Youth Council Member
Adam Cook, Youth
Council Member
Bryan Stringham,
Youth Council Member
John Hansen,
Recorder
They will have the
opportunity to speak for themselves about things they see that are important to
them. Also, it shows them how to follow
rules and learn how to work in the government.
They will get experience on how to be effective on jobs in the
future. They have the latitude to bring
up projects on their own, bring it to the council, ask for funding and figure
how to accomplish it.
The youth appointed
will do a great job. They will meet
once a month and it should be really interesting. The youth are very busy and this may be difficult to fit into
schedules, but they will benefit from the experience. It is a good thing for other areas in the community and maybe
they will follow suit.
Ms. Sharlene Millard
swore in Stephanie Floyd as the Youth Council Mayor, Lindsey Hansen as a Youth
Council Member, and Brian Stringham, as a Youth Council Member.
SUBDIVISION
AND ANNEXATION DISCUSSION, Darin Pugmire
Mr. Pugmire said
that he needs some details for what they are trying to with the Laurel
Whittington property, which is on Logan Road from 100 w to 300 w. They want to annex it into the town, zone it
commercial and subdivide it into 2 lots of 3 acres each. 200 feet of the upper 3 acres will be given
to the town for the continuation of 300 w.
We are working to
get all the property in that area annexed at the same time. Mr. Pugmire said that they want to be able
to subdivide the property so they have 3 acres of raw ground to work with. It will be a minor subdivision.
Council Member
Stringham asked if the upper portion is in line where we want 300 west. It is and it has also been surveyed.
Council Member Wride
said that we are trying to make the new section of 300 west 100 feet in
width. Mr. Pugmire said that they are
willing to work with the town on the road.
Council Member
Leonhardt said that the biggest thing is to get everyone on one annexation and
get everything done at the same time.
Mayor Hansen said that we need to get the entire area annexed but we don=t want to hold up Mr. Pugmire=s project.
Mr. Pugmire said that he is willing to help with the annexation but he
agrees he doesn=t want his project to be held up. Mayor Hansen said that we need a letter from
Mr. Whittington, the property owner, that he is aware of the annexation then we
can work through the process.
Mayor Hansen said
that the subdivision shouldn=t be a problem it just needs to be annexed first.
There are no
concerns with getting the utilities to the property.
FIRE
DEPARTMENT REQUEST FOR FUNDING, Bryce Huefner and Mark Hislop
Mr. Hislop explained
that the Fire District is requesting funding to help purchase some new
equipment for the fire department. They
want to purchase a costly piece of equipment called a snuffer, which takes 1000
gallon of water and a gallon of solution and turns it into foam which would put
out a fire much faster than plain water.
As fast of the foam would hit the fire it would put it out. The snuffer ranges from $17,000 to
$30,000. The unit that the Fire
District would like purchase is approximately $24,000. They did get a grant for $14,000 so they
still need $10,000.
The unit has to be
mounted on a vehicle and they put in for a surplus vehicle from the state. They think they have the okay for the
surplus vehicle.
They are here
requesting a donation of $5,000 from the town to help purchase the
snuffer. The Council does give
donations to other entities. The Fire
District feels that it is important to get this piece of equipment. The Fire Board has approved to put in the
remaining funds to make it possible.
Mr. Bryce Huefner
said that this is an effective system to use on car fires. Mr. Mark Hislop said that it is also a
better system to use on structural fires because of the amount of water you use
to put out the fires. Just the water
that you put on that fire creates a whole new set of problems. With the foam you can use it without
creating flood damage. It would be a
great benefit to the homeowners.
The Fire District
boundaries go from the Idaho boarder to the rest area, and the forest service
line. There are 3 other fire districts
in the county.
Mr. Huefner said
that there are basically 3 types of fires, wildland, urban wildland and
structure fires. This vehicle will be
really effective in all those types of fires.
We have a lot of urban wildland areas.
In the winter time more roads are being opened and this vehicle will be
able to travel the roads where the other fire trucks can=t travel.
The past 2 years we
have put $4,000 aside, each year, for EMT training and there are not enough
people interested in the training to use the entire amount. We can use some of that money to help with
this project.
Council Member
Stringham said that it is an essential piece of equipment that will help when
fighting a fire, but does our community have a need for this type of
equipment. Mr. Hislop said that a lot
of the equipment that the Fire District has had in the past was hand-me downs
and we need to start getting things that we can use to effectively fight a
fire. They have tried to stay frugal
and stay within their budgets.
Mr. Huefner said
that the ISO rating in this area has gone from 8/9 to a 6/7. That is a great savings on our homeowner
insurance.
The truck is self
contained and they can pump from the truck.
Council Member Wride
said that she is always in agreement that we need to give the Fire District the
best equipment to handle what they need to do.
The fires will be put out quicker with less water and less damage. If we can find the money in our budget then
we should do it.
Council Member Wride
made the motion to donate $5,000 to the Fire District when we can find it in
our budget. We need to talk to Council
Member Price. We will budget $5,000 to
the fire department for the foam equipment.
Council Member Stringham seconded the motion. All in favor and the motion carried.
Mayor Hansen said
that we were trying to figure out why our mill levies are going down. We are working to fix the problem with our
revenues. The mill levy for the Fire
District will continue to go down unless they work with us and get the
information on the increase of the new development and increase their property
tax budget revenues. We will budget
more money than what we have received in the past. The Fire Department has figured that out and they also plan to do
an increase in their budget.
ATV COMMITTEE
DISCUSSION, Larry
Gray
Mr. Gray stated that
they have made some goals for the ATV=s in town. The committee meet
and talked about some of the issues. We
did receive a grant for some signs, but the committee felt that is was not
appropriate not to spend that money immediately because they need to determine
where the trails are and how to access those trails.
Their committee
suggestions are that we need to establish trail heads. There are two promising locations, one is
the Circle C gravel pit, where there is an opportunity to purchase 1- 2 acres
to use as a staging/parking lot. The
other trail head is in the Hodges Canyon area.
People are always asking where they can go to ride their ATV=s. We
can tell them where they can go but there is not a way to get down to
town.
Also, another
suggestion is where to open routes through town. The committee suggested that we open 75N, 200 N, 100 W, 300 W,
150 S, 50 S, and Kimball Lane. We need
to make sure that the purpose for these routes are to get from one place to
another. The purpose is to get to the
trails and to services in town.
The state parks will
be a player in acquiring some of the ground for the trail head areas. We need to see how the conversations will go
with the landowners. It may just be an
easement other than purchasing the property.
Council Member
Stringham said that the Circle C land is great but there is private property
between there and the trails. Frank
Smith is the private property owner and he has expressed an interest in opening
something for the trail. There are
other private landowners. The county
has seized the old county right of way as a county road. It has been an open road for many years.
People need to have
some ways to get around. We need to
provide alternatives for the ATV=s to get around. People not
only want to get to the mountains they want access to the beach. We need to have brochures and signage with
rules to make sure that they know where the accesses are. We need to make sure that they don=t go on the bike path. It will take some time for the education
process.
Ms. Laura Rielley
asked about the access through the Harbor Village area. Council Member Wride said that it is not a
legal access to the forest area. Mr.
Grey said that the Forest Service does not recognize that as a legal access to
the forest and the town should not recognize that as an access. Because of the habitat that has been a
protected area.
Council Member
Leonhardt said that he is in support of the ATV=s but in the past discussions we have talked about the law enforcement
of the ATV=s in town.
Mr. Grey said that it is a significant law enforcement challenge. It can=t be the primary focus of the State Park=s because of the nature of their business. They will do what they can but they can=t say that the bike path will be their
primary focus. They haven=t had any conversations with the local
Sheriff=s office.
They want to make sure what we want to accomplish then they will take
the steps with the Sheriff=s office.
BILATERAL
COMPLIANCE AGREEMENT WITH DEQ
Mayor Hansen read
the letter from Mr. Tony Martineau, the Town Attorney, regarding the agreement
with the state and the non-filtration testing.
The letter stated that the State Drinking Water Board didn=t adopt the filter avoidance rule because
they felt that it would be too difficult to administer. They didn=t give that option to anyone because they felt that it was too hard to
administer. They let this community
spend $200,000 because they didn=t want to administer this rule.
An audience member asked if the town has a right or recourse against the
state. We did what we thought was right
but we didn=t have to spend the money just because they
didn=t want to administer the rule. Mayor Hansen asked DEQ if they were more
restrictive than the EPA and they told him and Ms. Loraine Pace Ano@. They let us spend the money
because they didn=t want
to administer the rule.
Mayor Hansen said
that he is going to write a letter to the new governor and let him know what
has happened with the whole project.
Mayor Hansen said
that he has read the agreement. Council
Member Wride said that the first page #5 discusses the watershed area but they
haven=t defined the watershed area. We can=t keep people out of the watershed area. Mayor Hansen said that it is all a part of the process, we will
be testing and also doing a watershed testing.
We then need to hire the company to come in and do the watershed
analysis that will be turned into the state.
This agreement gives
us almost 2 years to bring a treatment plant on line if we fail the
testing.
Council Member
Stringham asked if we can set up the meter to read at a specific time. Mayor Hansen said that the meter will run
continuously. The turbidity meters are
ordered and we should receive them in about a week. Mr. Andersen will maintain the meters and watch the testing. The meters will be under continuous
monitoring and we will need a generator for back up.
Council Member Wride
suggested that we set up an alarm that will go off somewhere else so we will
know if the power goes out. Mr. Lance
Bourne, from Utah Power, said that he would like a letter from Garden City to
Utah Power stating the importance of the power line to the meters. He would present the letter to his
boss. He said that they may need to
upgrade that line.
Mayor Hansen
explained that we need to start working on the storage tank. It will reflect better with the EPA that we
are working on that.
Once this agreement
is signed the testing will need to be started.
Council Member
Leonhardt made the motion to sign the Bilateral Compliance Agreement and move
forward with the testing. Council
Member Stringham seconded the motion.
All in favor and the motion carried.
ORDINANCE
DISCUSSION AND APPROVAL
Ordinance #04-12,
An Ordinance Providing for Architectural Standards for Commercial Zones and
Public Use Structures within other Zones.
Council Member
Stringham said that 11-502 limits the vinyl and stucco siding to 50% of the
structure. He feels that is too
restrictive and wants the 50% limitation only to the front of the
structure. The other three sides should
have no limitation. Council Member
Wride said the committee recommended that it be the entire structure and she
stands by their suggestion.
Council Member
Stringham said that any large building wont be able to meet the 4-12 pitch
requirement. Council Member Wride said
that the Council can make an amendment for the larger structures.
Council Member
Stringham also was concerned with the wording for the metal roofing and the
restriction of the chain link fencing.
We have chain link around our town properties and we should follow our
own standards. Also, the chain link
fence should to be considered for security.
Council Member
Leonhardt said that we should do some things to beautify our town but as he
listened to Council Member Stringham there are some things that we need to look
at before we pass this ordinance. We
are doing this for new buildings but we have town buildings and fencing and we
should set the example of how we want our town to look. We need to come to a happy medium. We should go back to the drawing board to
make sure it is what we want. The
committee has done a lot of work but we need to make sure that what we are
approving is really what we want. Council
Member Wride said that the committee did what they were asked to do and put
together what they felt was the best ordinance. If we don=t feel good about it we need to tweak it and get it the best that we
can but we can=t go on indefinitely.
Mayor Hansen is
concerned with the no snow and no ice run off requirement for the roof. The committee said that they were concerned
about the safety where the run off comes down in sheets.
Council Member Wride
said that they looked at a lot of different towns and their requirements. They didn=t like their requirements so the committee took some pictures and went
from them. They are looking to raise
the quality of new construction in the area and have a better-looking
community.
Council Member
Leonhardt=s concern is to make sure that it is as good
as it can be so that we don=t have to go back and change it every month. There are some very valid concerns that were brought up tonight.
The committee did
not want chain link fence for new structures.
Mr. Lance Bourne said that if there is a security issue they may be able
to allow the chain link around the back and have the vinyl in the front where
it is visible. Mr. Bourne said that we
need to work together but we need to raise the bar and raise the look of the
town. We should just clarify a few of
the requirements.
Council Member Wride
said that they do need more input to make the ordinance the best that it can
be. We do want to do it right.
We will send it back
to the Planning & Zoning Commission one more time. They should address the following concerns:
1.
the vinyl or
stucco siding
2.
the T111 siding
3.
the metal roofing should have a tile look
4.
address the
flat roof for larger buildings
5.
consider the
chain link fence
6.
look at the
whole building vs. the front of the building to be regulated, depending on what
side of the building is really exposed and in view. Council Member Wride said that is an issue because if you have a
new structure where there are no buildings around, all the sides will be
exposed. The council said that the
Planning & Zoning Commission will need to look at that issue.
Once this ordinance
is approved we will be telling people what they must do with their structures.
Council Member Wride
asked for suggestions early enough so that it will be ready to go to Planning
& Zoning and to a public hearing before Town Council in December
Ordinance #04-13,
Signs
Mr. Erickson
explained that took this from the International Zoning Code. We won=t go out and look for violations to this ordinance, we will wait until
someone complains. This ordinance just
gives us the enforcement.
Mayor Hansen said
that signage is more than just advertising, it can be aesthetically pleasing if
it is done right. Council Member Wride
said that the main thing that she doesn=t like is the signs on vacant property. There are real estate signs on
property that are not even for sale or multiple signs on one piece of
property.
Mayor Hansen said
that the portable signs are bad and they don=t look like what we are trying to do with the standards. There is no place for those type of signs
with our standards.
Council Member
Leonhardt said that we have a great chamber of commerce with a lot of business
people and we should get them involved.
Mr. Erickson said that he has invited them all to help with this
ordinance and nobody wanted to help.
The Council
suggested that we pass this out during the next Chamber meeting.
AUDIT, FISCAL
YEAR JULY 1, 2003 - JUNE 30, 2004, Gary Teuscher, CPA
Mr. Teuscher
explained that there are a few changes in the audit this year because of the
GASB 34 requirement. He is not pushing
the management discussion and analysis on any of his clients because it is so
time consuming, but we should look at it for next year.
Mr. Teuscher went
over each section of the audit and explained the new format. He said that Garden City looks good
financially.
Council Member
Leonhardt made the motion to accept the audit for the fiscal year July 1, 2003
through June 30, 2004. Council Member
Wride seconded the motion. All in favor
and the motion carried.
IMPACT FEE
RATE AND STRUCTURE STUDY
Mayor Hansen
discussed the impact fee study and also the rate structure that was compiled by
Sunrise Engineering. He asked the
Council to go over it very carefully so we are ready to discuss it better
during the next months meeting.
MISCELLANEOUS
ITEMS
Transportation
Master Plan with UDOT
We need to invite 30
people to the meeting in January. They
will also help with preparing the Transportation Master Plan.
The National
Scenic Byway Grant
We received
verification that we were not approved for the Byway Grant that was submitted
in September of 2003. We will attend
the next meeting and discuss plans for a new grant.
BUILDING
INSPECTOR=S REPORT
Mr. Erickson passed
out his report. He said that we are still getting more building permit
applications. All the permits since
July are still open.
Mr. Erickson gave
the Council an update on the water tank for Elk=s Ridge. He met with the
engineers, Mr. Troy Petersen and Mr. Frank Smith. Mr. Jason Linford, our Town Engineer, knows that they updated the
plans to the 2003 codes, which requires more steel in the tank. They will have a special inspector and we
will also inspect the tank but our engineer should do the final inspection
because we will take over the tank at some point. We will add that cost onto the building permit fees so it will be
paid for by the developer.
The floor and the
walls should be finished before winter.
Mr. Smith is planning to start the water lines, if the weather holds up,
so they can work throughout the winter.
We are working on
the extension for the letter of credit.
It should be completed before the end of December.
Mr. Smith is also
working on mapping out the roads. Mr.
Andersen should be involved in the water lines and the inspections, and Mr.
Dave Stringham should be involved with the sewer line inspections.
Mr. Erickson said
that he is still looking at a program that would track the properties and
create a record of what has happened on that property in the past. He is also interested in the GPS
programs. It would be nice to have a
GPS locator to help with elevations for snow loads, etc. Without the elevation they can=t calculate the snow loads. We can give them the calculations but we can=t give them the elevations.
Mr. Nielson will be
leaving after the first of the year.
The Ivy Group is starting a big project in Logan that he will be working
on. He will still come up and help us
if we need something but that will only be on an as needed basis. He is also planning on going on a mission
soon.
COUNCIL MEMBER
REPORTS
Council Member
Leonhardt is working on getting a Chairman for Raspberry Days.
Council Member Wride
reported that Kimball Lane is paved.
The county will continue to plow Kimball Lane because they will be out
there anyway. Anytime we do
improvements on a road that connects to a state highway we need to allow 2
months for the UDOT approval permit process.
Mayor Hansen
suggested that this spring we look at all our roads and strip them so they look
like real roads.
We need to write a
letter to Brian Burr thanking him for his donation to Kimball Lane. Council Member Wride will review all the
bills for Kimball Lane then she will forward them to the HOA.
Council Member
Stringham said that we need to replace him.
He will give us a letter of resignation so they can make the change
during the next meeting. The clerks
will post the position.
APPROVAL OF
MINUTES
Public Hearing,
October 14, 2004
Council Member
Leonhardt made the motion to accept the minutes of the public hearing held on
October 14, 2004 as presented. Council
Member Stringham seconded the motion.
All in favor and the motion carried.
Town Council
Meeting, October 14, 2004
Council Member
Leonhardt made the motion to approve the minutes of the Town Council Meeting
held on October 14, 2004 as presented.
Council Member Wride seconded the motion. All in favor and the motion carried.
PAYMENT
VOUCHERS
Council Member
Stringham made the motion to approve the payment vouchers as presented. Council Member Wride seconded the
motion. All in favor and the motion
carried.
ADJOURNMENT
There being no
further business to discuss, Council Member Leonhardt made the motion to
adjourn the meeting at 10:25.
APPROVAL:
______________________________________
Kenneth Hansen,
Mayor
ATTEST:
______________________________________
Town Clerk