Garden City Council Meeting Minutes: January 13, 2005

Mayor Hansen turned the time over to Mr. Gray to introduce himself and tell why he wants to be a member of the Town Council. Mr. Gray explained that he is the Manager of the Bear Lake State Park. His family has lived in Garden City for 3 years. They have lived in all areas of the state and they like being in this area. He feels he is open minded and can come to a decision. He doesn=t have any agendas to bring to this position. He would like to be a part of the progress for this area.

Mayor Hansen left it up to the Council to make a motion or have more discussion on the issue.

Council Member Price stated that Mr. Gray did not sign up before the time the posting expired. It was the concensus of the Council that it wasn=t required by state law. He feels that Mr. Gray will do a good job.

Council Member Price made the motion to appoint Larry Gray to the Town Council. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

OATH OF OFFICE FOR NEW TOWN COUNCIL MEMBER

Mr. Gray was sworn in and welcomed to the Council. He will have a lot to add to the community. The State Lands and Forestry is holding a meeting at the same time as this Council Meeting to discuss the Bear Lake Beaches (sovereign land). Council Member Gray was sent to that meeting to represent the Town.

BUSINESS LICENSE DISCUSSION/APPROVAL

CDQ Construction, David Mestaz

Mr. Mestaz explained that Mr. Collin Roberts is listed on the application as a business partner but he is no longer a partner and needs to be removed from the application. Mr. Mestaz explained that he has filed all the appropriate paperwork with the state for a qualifier for the business. Bill Eastman is the qualifier and he lives in Snow Meadows.

We need a copy of the contractors license. Mr. Mestaz stated that if he can get the business license then he can apply for the contractors license and bring that back to the town.

Council Member Leonhardt made the motion to grant the business license to Mr. Mestaz for CDQ Construction as soon as he brings in the appropriate contractors license and the state tax number. Council Member Price seconded the motion. All in favor and the motion carried.

Stay in Place Storage, Hyrum Lantz

Mayor Hansen stated that this item and #6 (Conditional Use Permit requirement clarification for Stay-in-Place Storage )on the agenda are one in the same and so the Council will discuss both. Mr. Lantz stated that he has completed everything for the business name and the LLC. He is asking for a little leniency on the installation of the fire hydrant because of the weather. It hasn=t been installed yet because the project was quite large and they were trying to get everything else finished. The hydrant has been stubbed and the valve is in the road. When the weather breaks it will take one day to finish the installation of the hydrant. The trees and berm can=t be done at this time but it will be done in the spring.

Mayor Hansen reviewed the list of requirements for the CUP. The cul-de-sac has not been completed. Mr. Lantz stated that he has completed the cul-de-sac according to the national standards. He doesn=t have the agreement with the homeowners on that road. The Council said that he needs to present the property owners a plan for the road.

Mayor Hansen stated that if we give Mr. Lantz a business license before he installs the fire hydrant in his project, and he starts letting people use the storage units, what happens if they catch on fire. How will Mr. Lantz indemnify the Town? Council Member Leonhardt said that this CUP was approved on June 3^rd. Why hasn=t the fire hydrant been completed yet? Mr. Lantz stated that there are 2 fire hydrants in place right now that can serve this area.

The water connection needs to be approved by the Town. The drainage plan has not been completed yet. The security fence between the project and the subdivision has not been finished.

Council Member Wride said that the business license application requests storage yard space. That was taken off the application because the CUP stipulated no outside storage.

Council Member Leonhardt said that a few things need to be completed before the Certificate of Occupancy and the Business license can be issued. Mr. Lantz said that he was under the impression that he had one year to complete all the stipulations. Mayor Hansen said that only the things that were specifically indicated with the one year limit have that one year time extension. The others things need to be completed before he can get the Certificate of Occupancy and the Business license. Mr. Lantz said that he just wants to get the business going.

The council agreed to give an extension for Mr. Lantz to install the fence between the property and the subdivision. The Council agreed to grant the extension until May 1^st, 2005. Council Member Price said that he needs to put up a barricade so traffic can=t go through.

The Council discussed each item listed on the CUP and determined that items #6, 7, 9, 13, 14 and 15 must be completed before the business license can be approved.

Council Member Price suggested that the Council approve the business license on the condition that Mr. Lantz complete items #6, 7, 9, 13, 14 and 15. When they have been completed the Building Inspector can give him a Certificate of Occupancy and the Business License can be issued. Council Member Leonhardt said that puts a lot of responsibility on the Building Inspector.

The Council reviewed the items that need to be completed:

#6 Mr. Lantz needs notes from the property owners in the subdivision regarding the road. He also needs to get a cul-de-sac design and a drawing to the Building Inspector.

#7 The fire hydrant needs to be installed.

#9 Adequate drainage plans must be approved by the Building Inspector.

#13 The fence between the cul-de-sac and the project needs to be completed by May 1^st, 2005.

#14 Mr. Lantz needs to stub up the lines for the water and sewer connection for the two lots owned by Lamar Price.

#15 Lighting.

Council Member Leonhardt said that there have been complaints that the road hasn=t been plowed. Mr. Lantz said that he will speak with Mr. Bill Shupe and have it plowed.

Council Member Price made the motion to approve the Business License for Stay-N-Place Storage once the items have been completed. Council Member Wride seconded the motion. All in favor and the motion carried.

BBN Construction, Ben Negus

Mr. Negus gave the Council a letter from Buttercup Estates HOA stating that he can conduct business from his home. He already has his contractor license and the State number. Mr. Negus needs to get the State Tax number. He has his liability insurance. He has everything except the state tax number.

Council Member Leonhardt made the motion to approve the license for BBN Construction when Mr. Negus gets the sales tax number to the town office. Council Member Price asked when the license will be issued, if he has proof that he has applied for the sales tax number then we should issue the license. The motion has been amended as such. Council Member Price seconded the motion. All in favor and the motion carried.

AMENDMENT TO CURRENT BUSINESS LICENSE

Bear Lake View Property Management, Nate Parry

Mr. Parry stated that he is going to continue the business as it has been in the past, he would just like to change the name on the business license to Bear Lake View Properties, owners Nate and Amber Parry.

Council Member Leonhardt made the motion to make that amendment. Council Member Wride seconded the motion. All in favor and the motion carried.

EKK Enterprises, LLC, Kent Korgenski

Mr. Korgenski explained that one of the uses that was listed on the application was not on the license that he received and he would like it listed as a part of his business license, wood works. It is a one man woodshop that produces items for retail and will be located in one of the back buildings at Bear Country Village. Mayor Hansen said that his concern is that it is handled quietly so that it will not affect the neighbors. Mr. Korgenski said that the building will not be open to the public but there may be windows so they can view him working.

Council Member Price made the motion to make those changes. Council Member Wride seconded the motion. All in favor and the motion carried.

ROB CRUZ, FOREST RANGER FOR THE CACHE NATIONAL FOREST

Mr. Cruz explained that he will be discussing the highway crossing at the summit. He showed an aerial photo of the area and explained that there is a safety issue with ATV=s and snowmobile crossing the highway at the summit. The vehicles travel through that area between 40 and 60 mph and there is not very good site distance. There is a potential for accidents at that crossing. With the highway project they plan to widen that point and making it a better site distance.

Mr. Cruz has been trying to come up with a way to make that a safer crossing and he is suggesting a tunnel or culvert to get under the highway. He is looking for support and any type of financial support. It will take a lot of agencies working together to make this happen. UDOT has done some cost estimates but they are not willing to help financially right now. They have no records of any accidents there so they can=t put any dollars into this project. They feel that it is a safe crossing.

Mr. Cruz stated that he has come up with 2 options: 1. a 12 x12 concrete block to cross under the highway, 2. a 16 x16 box, that will also allow the groomer to pass through. The cost estimates are between $250,000 to $350,000.

Mr. Cruz has met with the county commissioners and the state parks and they feel that we can all work together to push the issue with UDOT to get some funding from them. He feels that they have about $150,000 for this project and are looking for whatever we can do to help them. Mayor Hansen explained that we have asked for Mr. Cruz=s support on another project. Mr. Cruz said that we are not seeing the Shoshone trail going into Garden City because of this crossing.

We shouldn=t have to have someone killed or hurt to have this project done. Mayor Hansen said that now is the time to do this. Mayor Hansen said that we are more than happy to help however we can and we will try to come up with some funding for it. If Mr. Cruz has a committee then we can volunteer to be on that committee to help talk to people. Mr. Cruz said that he can=t go and lobby for money from the state legislators and the federal legislators so he needs help getting partners to do the lobbying for it.

Mr. Cruz stated that when he went to the County Commissioners they said that they are aware of 2 accidents that occurred there but neither were reported. If there is any documents of any accidents that will help with the pitch to UDOT.

Council Member Leonhardt made the motion to support Mr. Cruz the best we can and try to find some financial help. We will also write a letter of support. Council Member Price seconded the motion. All in favor and the motion carried.

Mayor Hansen suggested that Mr. Cruz work with Council Member Gray or Mayor Hansen as the liaison for this. Mr. Cruz stated that the more members they have in support would be great.

FINAL PLAT APPROVAL FOR TRENDWEST PHASE II, Kristine Bown

Ms. Bown explained that they would like to start on the three new condominium buildings and one new maintenance building. Planning & Zoning Commission has approved the plans. They will be matching the appearance of the existing buildings, with no elevation changes. Council Member Wride stated that her husband is employed by Trendwest but has not affiliation with the construction and so she will be voting on this issue. Mr. Erickson stated that he still needs the drainage plans for review. Ms. Bown stated that all the drainage was done with the first original phase.

Council Member Price made the motion to give final approval for Trendwest Resort phase II. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Mayor Hansen said that project is a great asset to the community and we are excited to see it expand.

FINAL PLAT APPROVAL FOR CHERIMOYA HILL SUBDIVISION, Norman Mecham and Darrin Lutz.

Mr. Lutz passed out the actual cost for phase one and the letter of credit. Mayor Hansen read the letter from the engineer stating all his concerns have been addressed.

The last boundary line agreement for Hodges Road was recorded today.

Council Member Leonhardt made the motion to accept the final plat approval for Cherimoya Hill Subdivision. Council Member Price seconded the motion. All in favor and the motion carried.

ANNEXATION AND RESOLUTION DISCUSSION/APPROVAL

Resolution no R05-03, A Resolution Extending the Corporate Limits of the Town of Garden City, Rich County, Utah, and annexing certain territory thereto. Owned by Frank & Sabrina Smith, Gary & Lucille Russotti, Randy & Cathy Russotti, Mark & Deburah Watson, Dennis Bullock, Terry Michael Moe, Douglas & Margaret Griffin, and Kennard Barson.

Council Member Price made the motion to approve Annexation Resolution #R05-03. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Resolution no R05-04, A Resolution Extending the Corporate Limits of the Town of Garden City, Rich County, Utah, and annexing certain territory thereto. Owned by Robert Nelson, Dixie Nelson, Michael Nelson and Judy Nelson.

Council Member Leonhardt made the motion to approve Annexation Resolution #R05-04 with the change of zone listed from Recreation Residential to Community Commercial. Council Member Wride seconded the motion. All in favor and the motion carried.

RESOLUTION DISCUSSION/APPROVAL

Resolution #R05-01, Resolution to update water rates, hook on fees and impact fees for the Garden City Waterworks.

Council Member Leonhardt made the motion to approve Resolution #R05-01. Council Member Wride seconded the motion. All in favor and the motion carried.

The Council discussed allowing water connections outside the town limits. The ordinances state that Garden City does not need to allow connections outside the town limits.

Council Member Leonhardt amended the motion to make the following changes: take out #3, and change #4 from Aat the discretion of the Town Council@ and replace it with Aby the Town Council@. Council Member Price seconded the motion. All in favor and the motion carried.

Resolution #R05-02, Resolution to update Municipal Impact Fees.

Council Member Leonhardt made the motion to accept Resolution #R05-02. Council Member Price seconded the motion. All in favor and the motion carried.

ORDINANCE DISCUSSION/APPROVAL

Ordinance #05-01, Ordinance which imposes an impact fee for the culinary water system, road system and park and recreation areas for the Town of Garden City

Council Member Wride made the motion to accept Ordinance #05-01 with the changes stipulated on the Ordinance. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

NATIONAL SCENIC BYWAY GRANT

The Committee met with the State Dignitaries and got a lot accomplished in getting support for this grant. We took some of the Youth Council with us and they will be going to Salt Lake again to the legislation next week.

Everyone was very happy to give us their support on the project. Ms. Margaret Godfrey, from the State Travel Council, was very enthused with our project and offered some good suggestions for re-writing the grant.

AMENDMENT TO THE BILATERAL COMPLIANCE AGREEMENT

Mayor Hansen reported that the state is bending over backwards regarding our water issues. They may have come to the conclusion that they may be in a liable situation.

All of the testing equipment has been installed and it should be calibrated next week. The lines have been flushed. This will be a good year for testing.

Council Member Price made the motion to approve the amendment to the Bilateral Compliance Agreement with the state. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

MISCELLANEOUS ITEMS

Appointment of new Planning & Zoning Commission Member

Mayor Hansen said that he is not ready to present a name for the Planning & Zoning Commission. This will be on the agenda for next month.

Appointment of new Board of Adjustments Member

Mayor Hansen submitted the name of Denice Brower for the new member of the Board of Adjustments.

Council Member Leonhardt made the motion to approve the appointment of Denice Brower to the Board of Adjustment. Council Member Wride seconded the motion. All in favor and the motion carried.

Letter from Cami Hodges

Mayor Hansen read the letter from Cami Hodges requesting a donation for Cheerleader camp next summer. He said that she is an outstanding person and she takes her position seriously. Council Member Wride said that she has mixed feelings because it is an individual and not an organization. She also does not live in our community. Mayor Hansen said personally he doesn=t feel like there is not a problem with this request. A suggestion was made to match what Laketown donates and another suggestion would be to double their donation.

This will be on the agenda next month.

BUILDING INSPECTOR REPORT

Mr. Erickson handed out his year end report for the entire county, which also shows a comparison to the past years.

Mr. Erickson said that he took the sign ordinance to the Bear Lake Chamber and told them that they have one month to review it before it will go back to the Planning & Zoning Commission.

COUNCIL MEMBER REPORTS

Council Member Price said that according to the summary the total revenues are at 49% of the approved budget and the expenditures are at 38%, so we are doing okay. The summary doesn=t show any transfers yet.

Council Member Wride suggested that we send a letter thanking the people who plowed the roads during the bad storm, that was a lot of work. Council Member Leonhardt suggested that we send a general letter to the newspaper. Mayor Hansen said that he would be happy to prepare the letter. Mr. Andersen worked extra hard with the snow plowing. Mayor Hansen said that we need to start thinking about getting a good truck to push the snow and something that can spread the sand. We can probably get something from the state surplus.

Council Member Wride explained that Mr. Kelly Allen from the State sovereign land Division will be coming to the Town Council Meeting next month to give us the same presentation that they are giving tonight. It was suggested that we invite the County Commissioners and Laketown Council to this meeting.

Council Member Wride explained that they held the Transportation Master Plan meetings. UDOT will give us a notebook and we need to make notes and comments and return it to them to make the final draft to be approved. We can adopt it on it=s own, put it in with our general plan or not adopt it at all.

Council Member Leonhardt explained that we have a meeting coming up with BRAG for the CDBG grant. We will go before the Board and state our case for the grant, which is for the new library.

We had our first Raspberry Days meeting which went well. We have asked Laraine Schnetzer to be the General Chairperson. The parade will be held on Thursday instead of Saturday and the Saturday night concert to be earlier in the day. We hope this will help with some law enforcement and traffic issues.

Council Member Wride, said that she has been meeting with UDOT on the bike trail extension and they now have a new list of things that needs to be done. She feels that they are on track with getting it done. We need to remember our matching portion and use the in-kind work.

We need to change the designation on Kimball Lane for B&C Road Funds and stripe 300 West.

APPROVAL OF MINUTES

December 9, 2005 Public Hearing, Transportation Enhancement Funding Program

Council Member Price made the motion to approve the minutes for the Public Hearing held on December 9, 2005 regarding the Transportation Enhancement Funding Program. Council Member Wride seconded the motion. All in favor and the motion carried.

December 9, 2005 Public Hearing, Architectural Standards Ordinance

Council Member Price made the motion to approve the minutes for the public hearing held on December 9, 2005 regarding the Architectural Standards Ordinance. Council Member Wride seconded the motion. All in favor and the motion carried.

December 9, 2005 Town Council Meeting

Council Member Price made the motion to accept the minutes of the Town Council meeting held on December 9, 2005 with the changes made to said minutes. Council Member Wride seconded the motion. All in favor and the motion carried.

PAYMENT VOUCHERS

Council Member Price made the motion to approve the payment vouchers as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

COUNCIL MEMBER REPORT

Council Member Gray is reporting on the meeting the State Sovereign Lands Division held tonight regarding the Bear Lake Beaches. Council Member Gray talked with Mr. Kelly Allen from the State Sovereign Lands Division and he said that he will come to the Town Council meeting and make the same presentation. Council Member Gray said that the whole gamut was covered. There were a few people in the audience that were not upland land owners. They came up with a list of topics and suggestions that the state people will take back with them and discuss. One of the main topics was law enforcement. This community thrives on tourism, the recreation that comes to the community outnumbers the upland land owners 100-1. Trash on the beach was discussed and everyone felt that the beaches were kept pretty clean. Council Member Gray commented that it is phenomenal how clean the beaches are compared to the number of people that use the beach.

They also discussed Law enforcement, who has the authority to enforce on the beach. They felt that as the law enforcement they had no rules that they could enforce. Mayor Hansen said that he saw very few infractions. There is always the one percent that is going to do what they want regardless of the rules.

There was discussion to allow motorized access on the beach if the water level is at or lower than a certain level or to allow access on specific dates. Sovereign Lands wants to get with every upland landowner to determine a high water level.

Mayor Hansen said another good point is that when they send out the public notices they send them to the upland landowners and nobody else, everyone needs to be informed. Council Member Gray said that he has made that comment before and has not gotten any support. Everyone has the right to know about the meeting so they can attend.

Mayor Hansen said that the consensus of the chamber was to tell them that things are going really well right now and our tourism depends greatly on the beaches.

COUNCIL MEMBER GRAY=S RESPONSIBILITIES

Council Member Gray will be responsible for the park, business licenses and sales tax. He will also be the liaison with Rob Cruz, from the Forest Service.

ADJOURNMENT

There being no further business to discuss, Council Member Price made the motion to adjourn the meeting at 9:45 p.m. Council Member Gray seconded the motion. All in favor and the motion carried.

APPROVAL:

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Kenneth Hansen, Mayor

ATTEST:

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Town Clerk