Garden City, UT: Town Council Minutes 2005-12-05

MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

The Garden City Town Council held their regular scheduled meeting on December 8, 2005 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the Town Council Meeting at 7:00 p.m.

Council Members Present:

Kenneth Hansen, Mayor

Arlo Price

Larry Gray

Sharlotte Wride

Excused:

Mike Leonhardt

Others Present:

Kathy Hislop

Ed Price

Jeff McPhie

Angie McPhie

Scott Gough

Margaret Satterthwaite

Jack McPhie

Lana Hodges

Elizabeth Slonek

Frank Smith

Norm Mecham

Mayor Hansen welcomed everyone to the meeting.

EXTENSION OF CONDITIONAL USE PERMIT, Frehner Construction

Mayor Hansen explained that the original conditional use was approved for 18 months and good until August 2006, so this is a mute issue.

BUSINESS LICENSE DISCUSSION/APPROVAL

Northern Title Company, Jay Davis and Paul Davis

Mr. Davis is not in attendance at this time so Mayor Hansen asked to reserve the right to move onto the next item on the agenda and come back if they come to the meeting. The Council agreed.

Bear Lake Lodging, LLC, Jeff and Angie McPhie

Council Member Gray said that there is not a Utah State Tax number listed on the application. Mr. McPhie said that they have the number and will get it to the Town Clerks. Council Member Gray said that it needs to be registered to Garden City.

Mr. McPhie explained that this is business is located at Harbor Village at the front desk. Mr. Jack McPhie is just selling the business to Jeff and Angie McPhie and will continue at the main desk and take over the booking business. Mr. McPhie’s business will disband as a Utah Corporation. Mayor Hansen said that in the past they need to have a HOA letter of approval. Mr. Scott Gough said that this business is already conducted there. Council Member Gray said that he still wants to see the HOA letter.

Council Member Gray made the motion to approve the business license for Bear Lake Lodging for Jeff and Angie McPhie, with following stipulations, to obtain a Utah State Tax number and a HOA letter to conduct business at the location. Council Member Wride seconded the motion. All in favor and the motion carried.

Chad Duncan, LMT

Mr. Scott Gough will represent Mr. Duncan at this meeting. They are requesting permission to conduct a new Massage Therapy business onsite at Harbor Village. He will be renting a place in the bottom floor of the main building. He does have a state license for massage therapy. The State Tax Number needs to be registered to Garden City. Mr. Gough said that he will check to make sure it is registered to Garden City. He will also need a letter from the HOA to conduct business there.

The Building Inspector will need to look at the room to make sure that it meets the building codes and also ADA requirements. Mr. Gough said that Mr. Erickson is aware of the remodeling that has been done to the lower floor of this building. They complied with all the ADA requirements. They also remodeled the restrooms for the restaurant. They will have to enter through the restaurant for the ADA requirements.

Council Member Gray made the motion to approve the business license for Chad Duncan, LMT with the following stipulations, Mr. Duncan needs a letter of approval from the HOA and the State Tax number needs to be registered to Garden City and the building needs to meet the building codes and ADA requirements. Council Member Price seconded the motion. All in favor and the motion carried.

FINAL PLAT DISCUSSION/APPROVAL

Cherimoya Hills Subdivision, Phase III, Norm Mecham, Darren Lutz and Ken Hansen

Mayor Hansen said that because he is an owner in the Cherimoya Hills Subdivision he will excuse himself from the table and asked Council Member Gray to preside over this agenda item.

The Council reviewed the plat for Cherimoya Subdivision Phase III, phase I and II are completed and recorded. This is the last phase. There are 11 lots in this phase and it is located along the highway.

Council Member Gray asked what the status is in regards to the Tamaran road, which is the second access into the subdivision. Mr. Mecham said that most of the utilities are in and it will be completed as this phase is completed. Commission Member Hodges said that the Planning & Zoning Commission approved phase III with the stipulation that because Tamaran way is their second ingress and egress it needed to be completed. The other stipulation is that they can’t get building permits for those lots until that access is completed. Mr. Mecham said that he doesn’t have a problem with that.

Council Member Wride said that her understanding is that our ordinances require 2 ingress and egress. In all the other subdivision projects we have required that they completed in the beginning, not when the project is completed. Council Member Gray said that they reviewed the ordinances and it is not in the ordinance when it needs to be completed. It needs to be on the plat but it doesn’t specifically state when the second access needs to be completed. Council Member Wride said that she is just going back to what other projects have been required. Mr. Mecham said that he hasn’t recalled that being a requirement for him in other projects. He said that Tamaran Way is a deeded road and it will be the second access. He said that he still needs to install the utilities in that road and he didn’t want to complete the road until the utilities are completed. Council Member Wride said that she wants to see that the accesses are completed, that is her concern. Mr. Mecham said that they will finish that access. Commission Member Hodges said that the concern with the Planning & Zoning Commission is that the road has been graded but there hasn’t been any fill on that road, so when people try to use that road they get stuck, it is not a passable road. Council Member Wride said that we have required Bridgerland to put in the second road just so that it is passable. Mr. Mecham said that he will do whatever the Council requires. Commission Member Hodges said that the Planning & Zoning Commission agreed that this is not the time of year to build roads. Council Member Price said that it is to the benefit of the subdivision to get the road finished. Mr. Mecham said that the Council just needs to tell him what they want and that is what he will do.

Mr. Mecham has a boundary agreement between himself and the adjacent property owners and also Garden City has a boundary agreement with the adjacent property owners along Hodges Road. Mr. Mecham said that he agreed to install some fences and some buffers. They didn’t do it last summer because they were still doing some construction in that area. He said that he will finish whatever he needs to with the agreement if the Council says that is an issue tonight but he agrees that this is not the time of year to do roads. He said that he agrees it is his responsibility and they are not trying to get out of it they just want to make sure that it is done right.

Commission Member Hodges said that they had a big discussion on Hodges Canyon Road because that issue has not been completed yet either. Council Member Wride said that she will be talking to the new property owner that bought the property south of Hodges Canyon Road and she understands that he will be donating some property to widen that road. Mr. Mecham is the new owner. Council Member Wride will work with Mr. Mecham on that issue. She has started the process of engineering that road and hopefully they will get that at least passable and possibly paved this year. We haven’t forgotten about it, there are just a lot of steps to complete. We want to do it right and as safe as we can. We need to deal with drainage and slope, etc. Mr. Mecham said that he is amenable to working with the Town on Hodges Canyon Road.

Commission Member Hodges said that in the Planning & Zoning Commission motion all the improvements need to be completed by August 1^st, 2006. Council Member Wride said that she doesn’t want to commit the Town to August 1^st because there are too many things that can happen. She said that we will work as diligently as possible. Also, Mr. Mecham said that he doesn’t want his project to be contingent with the Town’s responsibility. He has no problem with that time frame for his project.

Commission Member Hodges said that the whole issue with Hodges Canyon Road is a safety issue. She said that it is not safe at all. Council Member Gray said that we are working on the issue.

Council Member Price made the motion to accept the final plat for Cherimoya Subdivision, Phase III, if the developer meets the criteria and in good faith meets with the property owners and assures them of when he will take care of the boundary line agreements and makes the right of way passable by spring. Council Member Wride also wants to add to the motion the stipulations that the Planning & Zoning Commission set forth however they outlined them. Council Member Price said that the Town can’t cause a delay to the developer because of our responsibilities. We need to get working on our agreements as soon as possible. Discussion ensued regarding widening Hodges Road and whether it is a stipulation for Cherimoya Subdivisions. The Town now has the opportunity to pursuing widening Hodges Road and we are working on that issue.

Council Member Price said that he is not stipulating that the road needs to be completely done, it just needs to be passable, which is consistent with what the Council has done with other developers. Mr. Mecham said that he will be working on the culvert soon and he will make it passable. The road will be done in the spring. Council Member Wride seconded the motion. All in favor and the motion carried.

Mayor Hansen asked if the Council would like to address the annexation petition for Mr. Norm Mecham, Mr. Daren Lutz, Mr. Paul Hodges and Himself. He stated that he has a conflict of interest with that agenda item also. The Council agreed to move onto agenda item #6 and Council Member Gray will preside over this item also. Mayor Hansen is a owner of that property also.

Annexation Petition Discussion and Approval to proceed, Part of Section #29, Norm Mecham, Ken Hansen, Daren Lutz and Paul Hodges

This property is adjacent, west and south, to Snow Meadows and is contiguous to the Town boundary. Mr. Mecham said that there is an access to the property that goes to Mr. Hodges’ house and one that goes through Snow Meadows. Council Member Wride said that the Snow Meadows access is through a private development.

Mr. Mecham is requesting that the property is annexed as Recreation Residential zone. We have letters from all the property owners requesting to annex their property. Council Member Wride asked if annexing this property would create an island. Mr. Mecham said it would not be an island. Also, the access will be address when they develop that property.

Council Member Price made the motion to proceed with annexation of the property described. Council Member Wride seconded the motion. All in favor and the motion carried.

Mayor Hansen returned to the table.

ANNEXATION OF CERTAIN REAL PROPERTY

The area proposed for annexation is approximately 106.53 acres and is within the area west of 100 west and south and east of Logan Canyon Highway. Parcel numbers included are 41-20-00-047, 41-20-00-048, 41-20-00-014, 41-20-00-040, 41-20-00-046, 41-20-00-019, 41-21-40-094, 41-21-40-131, 41-20-00-037, 41-20-00-015, 41-20-00-016, 41-21-40-095, 41-21-40-099, 41-21-40-106, 41-21-40-115, 41-20-00-020, 41-21-40-097, 41-21-40-117. All property is owned by Ted Hildt, Dee Hildt, Charles Webb, Ed Price, Tina Price, Jeff White, Carol White, Dixie Pope Rich, Gloyd Sprouse, Nadine Sprouse, Kay Trimm, Larene Beaudoin, Scott Bessinger, and Denise Wheeler. The Council held a public hearing prior to this meeting regarding this proposed annexation. Council Member Price showed a map of the annexation area.

Council Member Price made the motion to annex the property and continue the process until it is completed. The property in that area is all annexed Community Commercial zone. Council Member Gray seconded the motion. All in favor and the motion carried.

Annexation Resolution #R05-13

Council Member Wride made the motion to accept Annexation Resolution #R05-13 extending the corporate limits of the Town of Garden City, Rich County, Utah, and annexing certain territory thereto. Council Member Price seconded the motion. All in favor and the motion carried.

EXTENSION OF LETTER OF CREDIT, Frank Smith

Mr. Smith explained that the bank is still working on the extension. His engineer also figured the cost to complete the improvements, which will be about $254,500. Our engineer hasn’t looked at the new figures and Mr. Smith said that he doesn’t feel that he needs to. These figures are from a qualified engineer.

The Town will reimburse Mr. Smith for their cost of the based on the agreement that was made years ago. Frank said that he will not be asking for any more from the town. The tank is basically done. They just need to take the shoring out.

Accept the figure so that Frank can pass it on to the bank for the letter of credit. Council Member Price made the motion to accept it per the engineers word. The P&Z accepted the letter of credit for 9 months. Frank said that is adequate time frame. Council Member Gray said to include in the motion to include the stipulations from the P&Z. Council Member Gray seconded the motion. All in favor and the motion carried.

CDBG

submitted the request for funds yesterday and should have the funds next week.

RCA grant

We have submitted the request for funds and we should get the funds soon.

TRT grant

Council Member Wride is working on the 2005, it needs to be completed by December 31,

2006 has been submitted.

Swan Spring Update.

Mayor Hansen said that he met with the Drinking water board for an advance of $254,000. They were unanimous in their motion to grant that money from the 1.3 million. They feel that they want a water revenue bond anticipation note. Because that is part of what was already allocated. When the project is completed the $254,000 will be rolled into the total amount of the bond. We also graded the treatment plant options and we will go with the micro filtration, Pall company. They had the highest score. Sunrise engineering is now in the design phase of the process.

The Drinking water board said that they look like they are willing to fund ½ of the total amount of the funds and the other ½ will be from the USDA. That is a good option because that will get us more grant money.

Resolution is the authorization from the town council to issue the water revenue bond anticipation notes. This bond will come to an end when the project is completed and will be rolled into the final bond.

We had to hire a bond attorney. Sunrise uses this attorney.

We are doing engineering, working with wildlife resources etc so when the weather is good we can start the project.

Resolution

Council Member Price made the motion to pass resolution R05-14. Council Member Wride seconded the motion. All in favor and the motion carried.

Mayor Hansen said that we will e going back to the Drinking water board and USDA to coordinate the funding.

We also need to discuss the PTIF that we need to allocate or they want it for the project. Mayor Hansen said that if we take the $313,000 and they take it and put it in the project then that breaks that fund and we don’t have money for our projects. We need to do the following:

$60,000 for the water tank

$75,000 for Buttercup project

project in Pickleville, equalize the pressure out there, bypass the tank and utilize all the water from Payne Spring that we are entitled to.

GPS System

We also need to access the spring area in the winter time and so we will need a snow plow. The county takes care of part of that road up there. There is also a development there. Council Member Price suggested just getting a snow cat to get in there. The people in the development would feel good to have a good access up to there. They would just allow us to go through there, no monetary help. But we must have access to there. Council Member Price said that we do need to get some type of snow removal equipment.

Mayor Hansen said that he can estimate some figures for these items so we can send a letter to USDA. The council is okay with Mayor Hansen to do this tomorrow. Council Member Wride said that the GPS stuff that we have for this area doesn’t belong to the town, it belongs to the BLSSD and homeland security. We still can share with the town.

MISCELLANEOUS ITEMS

new B of A, don’t have that,

architect for the new library.

BLSSD hasn’t discussed their building and their longevity of being in their building.

Mayor Hansen said that he has seen a design for a building in steamboat springs. He drew a layout of buildings. One main building with satellite buildings around the main building. Plan it and build the satellite buildings as needed.

Turned time over to Council Member Price to consider for the new library. He said that he hasn’t felt good about putting the town office and library off the main road. He wants to do a study about putting it where the park is and putting Raspberry days up on the new property. Use the upper part of the park property for the new town hall. Leave an area at the bottom for a park and access tot he boardwalk and to the beach. Move the park activities off the main highway.

Mayor Hansen said that would be a good place for that if we want to include the visitor center and the chamber.

That is an option. Council Member Wride said that her concern is parking and traffic onto the highway. Mayor Hansen said that there is a lot of parking in the bottom area. Council Member Price said that we need to do a study. Council Member Wride said a study would involve a lot of work. Would need to know what type of building the parking, etc. We would also need to have a public hearing to make sure the public is okay with that change to the park.

Council Member Price said that he is not saying that is what we should do, he just feels like it should be studied. Mayor Hansen said that we need to make sure that we have a plan so we can sell it to the town.

Council Member Wride said that her concern is the traffic.

Artist rendition, a concept. Council Member Wride said that an architect or a designer can do a rendering. That would be somewhat easy. Council Member Price said just get a concept to start with of what we want then get an architect involved. Elizabeth suggested that we use the university to get the rendition or the plan.

Council Member Wride recommends that we have a committee to oversee this project.

We can contact the department heads at the university to come and take a look at that to see if they want to take on the project.

One of the first things that we need to do is to contact the state to see if we can change the grant for the property.

Council Member Gray said that he will contact the university. I will contact the state CDBG.

Council Member Wride made the motion to pursue looking into the project and see what our options can be.

Mayor Hansen said that we need to present something worthy to the town.

Newly elected officials training.

Council Member Wride made the motion to send any member of the council or council elect can attend any of the training session given by the ULC&T. Council Member Gray seconded the motion. All in favor and the motion carried.

Council Meeting Procedures,

Council Member Wride said that she has some thoughts and some suggestions. She gave the council a handout and went through the suggestions. Her concerns are room arrangement and view and sound for people giving proposals. Have a public comment section on the agenda. Having a pledge of allegiance on the agenda. Put the minutes at the first of the agenda. Meeting topics, all topics need to be on the agenda. Mayor Hansen said that it is just a summary of what has happened over the past month. Formalities of the meetings. Council Member Wride said that she feels that tonights meeting was excellent. Mayor Pro-temp. She feels it would be good to have one in the absence of the Mayor. Mayor Hansen said that the way that is usually taken care of is the senior member of the council is takes over.

The council said that it is a good thing that Council Member Price has done with the projector. It is good to make everyone aware of that is going on. Elizabeth said that when she was talking to people before the election they said that they don’t feel welcome at the meetings. Mayor Hansen said that he welcomes everyone at the beginning of every meeting. He also said that what people need to realize is that unless people are on the agenda the council does not have to allow any participation from the audience. It is a public meeting so they are here to watch and not necessary to participate.

Current subdivision project discussion

Council Member Wride said that she just wants to know the status of the 3 main projects that are under construction. Mayor Hansen said that Bridgerland village is done. He has completed what was required by the engineer. Lockwood, nothing from them for a couple months, they are still working on their requirements. Cherimoya was discussed earlier.

Council Member Wride said that at the Cottages, one of the condition is a 20' driveway. The minutes were not very specific. Her concern is that if it wasn’t doable in the beginning and that was the way it was approved how can we change it now. Mayor Hansen said that they knew there was problems so they came back to the P&Z and it was rectified. Mayor Hansen said that none of the cottages have 20' driveways but they came back and asked how we wanted to correct it and they have followed the requirement. Council Member Wride said that it was approved for the 20' driveways and now they say that it can’t be done. Mayor Hansen said that things don’t always go the way they are planned and they need to be rectified and that is what they did.

Building inspector report

Randy showed the plan for the remodels to the Sinclair. Randy said that there are a lot of concerns with these plans. They will give him back the plans and tell him to bring the drawings up to code. This is just so the council knows what is going on.

He said that he really appreciates the councils support.

We need to make a decision on how long we are going to let the outside storage go on. Mayor Hansen said that we need to send him a letter and tell him that he needs to take care of it or we will pull his business license.

The old building we need to lock the doors and not let anything or anyone go in the building because it is still a hazard. Do it as a fire district because they don’t meet fire codes or building codes.

He said that in the ordinances it says that all utilities need to be in before they build. Frank Smith doesn’t have the power in yet but he wants to build a house. Randy told him that he would need to come to P&Z with a letter stating that he has paid all the fees and will get the power installed. There is no reason that the power wont go in during the spring. The council agreed that it would just be a building inspector issue. As long as the power company has been paid and they agreed that they are putting in the power. A written agreement. The council agreed.

COUNCIL MEMBER REPORTS

3^rd west

Council Member Wride said that she would like to go into closed session for this. But it should be done this spring.

Buttercup should be ready to pave this spring.

GIS/GPS

They are going to work with Jason on that.

Assignments Discussion

new appointee, Council Member Wride suggested that they know in advance of the meeting who Mayor Hansen is suggesting for appointments to Boards. Mayor Hansen said that it is the Mayors responsibility to give the name for appointments to the council.

Council Member Wride said that she will not be able to attend the monthly County Commissioner Meeting. She would like to see that as an assignment. It makes a good bond.

P&Z new members, she recommends that we have Ulof C”&

T to come in and give training for the new P&Z members.

In the future we should evaluate the assignments and appointments for the Raspberry Days people.

Create more task forces and committees to get more citizens involved.

PW Director, she said that the things that she has been doing needs more of a professional. We need a professional to take some of the responsibility. Public works.

Clerks, need more help.

Council Member Wride said that this is just some of her suggestions. Our budget is tight.

Council Member Wride made the motion to go into closed session. 9:30 p.m. Council Member Gray seconded the motion. All in favor and the motion carried.

Executive Session

3^rd west, currently there is a foreclosure on some of the property that frank smith owns, by Gene Cook. Frank Smith said that he will rectify the property and take care of the funding. He has 90 days to take care of the issue. This is just to inform the council. If Frank doesn’t take care of the issue then Gene could foreclose the property and we will not have an interest on that property to build 3^rd west.

Council Member Wride asked how we stand with Randy and his certification and John leaving. Randy only has one more commercial certification to do. Mayor Hansen said that our building inspectors have done a good job and they have gotten the contractors in line.

Council Member Gray made the motion to go out of closed session. 9:40 p.m. Council Member Wride seconded the motion. All in favor and the motion carried.

Trailhead up Hodges Canyon, Council Member Gray said that the property is being surveyed, they are working through the property deed issues. They are working with the land owner.

Council Member Price said that the budget, we are doing very good with the budget. The revenues are well ahead of the expenditures.

Council Member Gray said that if we are looking at a conceptual plan of building a plan down at the town park it may be a waist of money to build the maintenance building down there. That project is on hold until spring anyway. If we put the park on the new property the maintenance building should go there also.

Mayor Hansen said that he wants to take this opportunity to thank Council Member Price for his service to the community during the past 4 years. He has really made a good effort with the clerks. They have been able to present audits that are outstanding. He wants to go on record to thank him for what he has done with the community for the past 4 years. Great having the things on the board. Council Member Gray will handle the projector. It is imperative and important to have that on the board.

APPROVAL OF MINUTES

October 13, 2005, public hearing

Council Member Price made the motion to approve. Council Member Wride seconded the motion. All in favor and the motion carried. As written

October 13, 2005 regular meeting

Council Member Wride made the motion to accept as written. Council Member Price seconded the motion. All in favor and the motion carried.

November 10, 2005

Council Member Gray made the motion to approve as written. Council Member Wride seconded the motion. All in favor and the motion carried.

November 15, 2005

Council Member Wride made the motion to accept as written. Council Member Price seconded the motion. All in favor and the motion carried.

November 29, 2005

Council Member Gray made the motion to accept as written. Council Member Wride seconded the motion. All in favor and the motion carried.

PAYMENT VOUCHERS

Council Member Price made the motion to PAY THE vouchers. Council Member Gray seconded the motion. All in favor and the motion carried.

Adjourn. Council Member Price made the motion to adjourn 9:50 p.m.

RDA

Minutes.

June 9^th

Council Member Price made the motion to approve the minutes as written. Council Member Wride seconded the motion. All in favor and the motion carried.

October 13,

Council Member Wride made the motion to accept the minutes as written. Council Member Gray seconded the motion. All in favor and the motion carried.

Review of low interest loan activity,

Request from Mr. Korgenski

Council Member Price said that he doesn’t see anything wrong with that. He will help amortize the monthly payment. We can do the change by a MOU.