MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The
Garden City Town Council held their regular scheduled meeting on January 12,
2006 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
Mike Leonhardt
Larry Gray
Elizabeth Seiler
Others
Present:
Kathy Hislop
Jason Linford
Randy Erickson
Margaret Satterthwaite
Cindy McClaughlin
Jim McClaughlin
John Alter
Jeff McPhie
Kari Spencer
Brian Spencer
Frank Smith
Scott Gough
Lance Andersen
Ed Price
Tina Price
Dale Stacey
Mayor
Hansen welcomed everyone to the Town Council Meeting
OATH OF OFFICE
Kenneth
Hansen was sworn in as Mayor of Garden City for a second term. Larry Gray and Elizabeth Seiler were sworn
in as Council Members.
Mayor
Hansen welcomed Council Member Seiler to the Council and said that he
appreciates her willingness to serve the community. He also congratulated Council Member Gray for being elected, he
did a great job last year.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL
Bodines Bear Lake Barbeque and More, Jim & Cindy McLaughlin
Mr.
McClaughlin passed out their proposal, which is a request to build a restaurant
and 2 stores at 85 N. Bear Lake Blvd.
They have been to the Planning & Zoning Commission for approval of
the Conditional Use Permit, which they recommended that the Town Council
approve. The preliminary plans have
been drawn with the architectural considerations. Mr. McClaughlin said that the parking for the real estate office
comes off 100 North. All the parking is
on their property, no one is parking on Town property or right of ways. Mr. Randy Erickson said that the parking is
adequate for what they have. They do
need a second handicap spot, which is there it’s just not indicated
handicap. Mr. Erickson said that all the
plans fit the ordinance.
Mayor
Hansen said that we don’t have anything stipulating the type of lighting but we do request low impact lighting. Ms. McClaughlin said that is what they are
going to do. It also needs to be
directed down and not out.
Mayor
Hansen reviewed the building materials, which will be block like they did at
the marina with some wood. Loading and
unloading will be in the rear of the restaurant. It will have a covered deck walkway and eating area. The dumpsters will be in the back in a
fenced area. The propane tank will be
underground. They will have a privacy
fence on the east and north sides along the residential area. They also plan to have a monument sign in
the future, that they will have approved by the Planning & Zoning
Commission. Mr. Erickson will oversee
the signs, but the Planning & Zoning Commission will review the monument
sign to make sure it meets the criteria.
Council
Member Leonhardt made the motion to approve the Conditional Use Permit for Jim
& Cindy McClaughlin, Bodines Bear Lake Bar-B-Que and More. Council Member Gray seconded the
motion. All in favor and the motion
carried. The motion was amended to add
the stipulations that was set forth by the Planning & Zoning Commission. Some of their requirements were that the
building meets the Architectural Standards, handicap, etc. They will work with The Building Inspector
on the building requirements. Council
Member Leonhardt made the motion to amend the original motion. Council Member Gray seconded the
amended motion. All in favor and the motion carried.
ENCUMBRANCE DISCUSSION/APPROVAL , Jim & Cindy McLaughlin
Council
agreed to move to this agenda item.
Mr.
McLaughlin explained that they need to encumber the 2 lots to fit the setbacks
for the plan as outlined above.
Council
Member Leonhardt made the motion to encumber parcels #41-21-40-091 and
41-21-40-122. Mayor Hansen explained
how an encumbrance works and that the Council is the only Board that can
release the encumbrance. Council Member
Seiler seconded the motion. All in
favor and the motion carried.
BUSINESS LICENSE DISCUSSION/APPROVAL
Spencer Associates, Kari Spencer
Ms.
Kari Spencer explained that they just want to rent out some units and houses
here in Garden City. They do own 3
units that they will rent out along with a few others in the Harbor Village
area. It will be a property management
business. They won’t have an office in
Garden City, the business will be ran out of her home in Clearfield. The Council discussed a HOA approval
letter, but determined that because they will not have an office in Harbor
Village they will not need the letter.
This
business was purchased from Dorene Lee.
Mr. Frank Smith stated that he has some concerns about the name and the
phone number. He said that he owns the Harbor
Village Resort now and he is concerned with this business having the Harbor
Village name. Ms. Spencer said that her
business has nothing to do with what Mr. Smith owns. Mr. Smith said that Harbor Village was a registered trademark at
one time. He also said that another
problem was that previously this business was handled very poorly and there may
be a chance of some liability issues from the past. Mayor Hansen said that should not be a Town issue, that is
between the business owners. Council Member
Leonhardt said that Mr. Smith may just need to check into the problems on his
own. Mayor Hansen said that the name
issue is not an issue for the Town, but if the name does not have a trademark
attached to it, it can be registered.
Ms. Spencer said that they have the name registered with the Department
of Commerce.
Council
Member Seiler asked if a license is required for property management. Mr. Smith
said that the real estate commission requires a property management license
only if you rent units longer than a month at a time. Ms. Spencer said that they will only be renting a couple of days
at a time, nothing longer.
Ms.
Spencer said that they do have a current sales tax number listed with the Town
of Garden City.
The
business license will be allowed for all of Garden City. Rentals are allowed in all zones as long as
the CC&R’s allow it. Mayor Hansen
said that we have no authority over that either, that is within the HOA to
govern that part.
Council
Member Gray made the motion to approve the business license for Spencer
Associates, Kari Spencer. She must as
property management provide the State Tax number. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Bear lake lodging, Jeff McPhie
Mr.
McPhie is questioning why he is required to have a HOA letter of approval for
his business. He said that he does have
a letter from the HOA president giving them approval for what they requested,
but the business is in the commercial section of Harbor Village and also in the
building that is owned by Mr. Frank Smith, it’s not owned by the HOA. The Council agreed that he did not need the
HOA letter.
Discussion regarding changes to businesses
Council
Member Gray explained that there has been some discussion regarding businesses
that have changed addresses, etc., and what they are required to do. He read through the ordinances, which states
that any change needs to come before the Town Council for approval. He said that one question is, does a
business owner need to come before the Town Council to ask for approval to
change location or can they do a letter requesting approval. The letter would still give us an
opportunity to watch for problems.
Mayor Hansen said that if a business relocates there are a lot of issues
to watch out for. Council Member Gray
said that we could still review that even with a letter. Council Member Leonhardt said that we need
to look at the type of the business and also see if they had stipulations.
Mayor
Hansen asked how the Council wants to handle this issue. He asked if the Council is willing to give Council Member Gray some
discretion with some guidelines to review changes in business and to make the
decision or make everyone come back to the Town Council. Council Member Gray said that it would save
a lot of time to have it handled by the Council Member over business
licenses. The Council agreed to have
Council Member Gray update Ordinance #8-114 and present the changes to the
Planning & Zoning Commission and the Town Council. The Temporary Business Licenses are still in
force until we get this resolved.
SWAN SPRING CULINARY WATER PROJECT DISCUSSION
Funding
Mr.
Jason Linford, Sunrise Engineering, explained that they will go to the DWD
Board meeting tomorrow to finish the funding for the project. They are going to propose a loan of
$2,033,000 for 20 years at 2.31%. Rural
Development will fund $2,530,000, which will be 28% grant and 72% loan. Water rates will increase to approximately
$37.84 per unit, which is close to the average for the state. We still need to develop a rate structure.
Building Design alternatives
Mr.
Linford showed the preferred layout of the building for the treatment
plant. The site is surveyed, which he
will get to the Utah State Division of Wildlife Resources. The Council discussed the different types of
building design. We need something to
present to the state and the Wildlife Resources for approval. We need to make the structure as
non-intrusive as possible.
The
water tank will be a 500,000 gallon tank.
It will be 16' deep and will be partly buried into the slope.
We
plan to build the tank and the building with as little exposure as
possible. Mr. Linford said that there
shouldn’t be too much noise, we will have a compressor room, pumps running but
the building will be pretty insulated to help with noise. Mayor Hansen asked Mr. Linford to do some
extra effort on this issue of noise and the lighting around the building.
GPS System
Mr.
Linford explained that the cost of GPS units vary depending on what we
need. A Trimble unit with a sub-foot
accuracy, is about $5350, the software is $2,500 for a total around $7,800. The meter accuracy will be about $4,650
total. Mayor Hansen said that if he is trying to find a valve head in frozen
ground, 3 feet would make a big difference.
Mr.
Linford will give the estimates to Council Member Gray and he can come up with
a proposal for the Council. Sunrise
will provide some training along with this purchase. Council Member Leonhardt suggested that we try to get some money
from Homeland Security because we will be able to mark the fire hydrants with
the system. Mayor Hansen said that this
is one of the projects that we allocated money from the water fund.
Mr.
Linford and the Council agreed that he should work on the current zoning
maps.
Mayor
Hansen said that most water users in the Town already have meters installed but
they are not read. The meters will be replaced and read as part
of the water project. We will need to
develop the rate structure to go along with the water usage.
TRENDWEST PLAT DISCUSSION
Final as built plans
Mr.
Lance Anderson explained that they are seeking final approval for the remainder
of the Trendwest buildings. He
explained that the Planning & Zoning Commission approved the plat
contingent on additional parking for the RV’s.
Mr. Anderson passed out a plat showing a change they made which includes the RV
parking. He said that they do need to
address this change with the Master Association for their approval. Mr. Randy Erickson said that we are aware of
a problem with parking in that area but it is hard to have them bring in more
parking without anything to gage it by.
Mr. Anderson said that he feels they are providing a good solution. He said that they provided more parking than
what is required by the ordinance.
Parking in that area is all part of the Masters Association so it is not
just for Trendwest.
Council
Member Leonhardt made the motion to accept the final as build plans for
Trendwest Resort based on the recommendation by Planning & Zoning
Commission. Council Member Gray
seconded the motion. All in favor and
the motion carried.
Addressing of the current Trendwest Units, Lance Anderson
Mr.
Anderson explained that Trendwest would like to amend the unit numbers for
first phase. The way the numbering is
now is very confusing. They are not
going to change the address or the legal description. Changing the unit numbers will make it easier with the emergency
calls. The new numbers will follow the building numbers, unit numbers
and key numbers.
ROAD DISCUSSION,
Ed Price
Mr.
Ed Price said that he would like to know if there is interest from the Town to
extend 250 south from 100 west to 300 west.
He said that they would be willing to give a 30' wide right of way on
his north property line for the road.
He said it would be advantageous to them to have that road
extended. He would like to see the Town
develop the road within a reasonable amount of time.
Council
Member Gray said that we certainly need more roads in Town.
Mr.
Price asked what time frame the Town could develop that road. Mayor Hansen explained that we have major
road projects that are in the works right now.
Council Member Leonhardt said that we know we need future roads in that
area but the question is where they are going to go and when we can develop
them.
Mayor
Hansen explained that when we started the annexation process of that area he
thought we would have some time to sort out some of the things that need to be
address in the future. We need to
develop a policy of who is going to do the roads in the developments and who
will fund and maintain them. He feels that we are not really prepared to
answer the question at this point and we don’t know how soon we can move on
this request. We need to finish the
projects that we have outstanding right now.
But having said all that his concern is that we need to start dealing
with these type of issues now and not in the future. We need to work on the road department and the impact fee
schedules.
Mr.
Linford said that the first thing that we need to do is get the General Plan
for the roads completed.
Mayor
Hansen said that we will keep Mr. Price informed on our developments in that
area. Also, he invited Mr. Price to the
Wednesday night meetings because we talk about the road developments.
RICH COUNTY SHERIFF’S REPORT, Dale Stacey
Sheriff
Stacey passed out the 2005 annual report for the Sheriff’s Department. He went over the report. He explained that the Sheriff’s Department
cannot legally be involved in the drug testing at the schools.
Sheriff
Stacey said that when he hired the new Deputy one of the criteria was that he
would have to live in the north end of the county. They are in the process of hiring another Deputy to replace Mike
Russell. He will also need to live in
the north end of the county.
Mayor
Hansen asked about a policy in regards to registering vehicles in Rich County
if the owner lives in Rich County.
Sheriff Stacey said that if he knows it is happening then they go to the
person and tell them that they need to register their vehicle here. It is a $1,000 fine. The burden is on the Sheriff to prove that
they live in the state and it is their vehicle.
Mayor
Hansen thanked him for what they do in the county.
GRANT UPDATE
Community Development Block Grant
We
have received the funds and have closed on the Calders property. We are just
waiting for the right of way legal description to close on the Nance property.
Rural Community Grant
We
are just waiting for the refund. We
have received the signs and they will be installed next spring.
Transient Room Tax, 2006
Council
Member Gray said that they are working with the property owners for the trail
head property. He is still working on
this and should have more info next month.
We have been approved for $20,000.
Transient Room Tax, 2005
We
are just waiting for reimbursement for the signs.
MISCELLANEOUS ITEMS
New Planing & Zoning Commission Members
Mayor
Hansen explained that Commission Member Hodges and Commission Member Bourne’s
terms were up at the end of 2005. He
also explained that Commission Member Parry now resides outside the Town limits
so he needs to be replaced. Mayor
Hansen said that both Lance Bourne and Lana Hodges have been outside as far as
dependable and participation on the Board.
He said that Mr. Bourne does want to continue on the Commission but he
has not been able to contact Ms. Hodges to see if she would continue to
serve. Mayor Hansen gave 4 names to
consider for the three open Commission positions, Lana Hodges, Lance Bourne, DJ
Ballingham and Jennifer Huefner.
Council
Member Leonhardt said that he would like to see new people come onto the
Board. He said it gives more people a
chance to serve. Council Member Gray
agreed that change never hurts. He suggested
they appoint Mr. Bourne, Ms. Huefner and D.J. Ballingham. Council Member Seiler suggested that they
keep Ms. Hodges on the Commission because she is solid and knows what is going
on, she knows the ordinances. She said
that we have a very new Planning & Zoning Commission right now.
Council
Member Leonhardt made the motion to appoint Jennifer Huefner, DJ Ballingham and
Lance Bourn to the Planning & Zoning Commission. Council Member Gray seconded the motion. A roll call vote was taken: Council Member
Leonhardt, for; Council Member Gray, for; Council Member Seiler, opposed. Motion carried.
Mayor
Hansen said that he would like to work with the Planning & Zoning
Commission in their meetings. He would
also like to go over one chapter of the Land Use book per meeting. He feels it will be a great asset. It will be on the agenda and Mayor Hansen
will conduct the lesson.
Council
Member Leonhardt will contact the League of Cities and Towns to see if they
will come and do some training.
The
Council also agreed that they should go to training seminars and the Town will
pay for registration, hotels and milage.
New Board of Adjustment Member
Mayor
Hansen said that he is not ready to do the appointment.
Fraud letter from the State Auditor
The
State Auditor sent a letter to the Council’s of every city and town in Utah
telling them to watch for financial fraud in their cities.
Mayor
Hansen said that he is in the process of putting together a new employee policy
and a code of conduct.
Easter Events
The
Youth Council will be in charge of the Easter events this year.
Annexation Discussion
The
Clerk explained that the current annexation request will create an island of a
few small parcels. The Council agreed
that there is enough property in the requesting petition to take those
properties along and annex the entire area.
We will send a letter to the property owners stating that they will be
included in the annexation of that area.
Council Member Leonhardt will sign the letter because Mayor Hansen has a
conflict of interest.
BUILDING INSPECTOR REPORT
Mayor
Hansen explained that the blazer broke down and possibly needs a new
engine. He said that even if it needs a
new motor it is worth fixing. Council
Member Leonhardt said that he feels it
may be worth looking for a new or newer vehicle. He suggested that we look to see what is out there and also get
an estimate of what it will cost to fix the blazer, which will be about
$2,500.
Mr.
Erickson said that he has about 17 contractors signed up for the Contractors
training. He explained that they can
get their certification just by coming to our seminar.
Mr.
Erickson explained that the Building Department was turned into the Utah
Attorney General by someone trying to build in Rich County. They were upset about being charged the
$2,000 deposit. The person that filed
the complaint thought it was a Garden City requirement not a Rich County
requirement. The documentation was sent
to the Attorney General and we haven’t heard anything since.
Mr.
Erickson said that we need to be thinking about replacing Mr. Nelson who will
be going on a mission soon.
Mr.
Erickson has just has one more certification to get which is the electrical
certification and he is planning on doing that in April. He then wants to get the plan review
certification.
Annual Meeting Schedule
Council
Member Leonhardt made the motion to approve the 2006 Annual Meeting Schedule as
presented. Council Member Gray seconded
the motion. All in favor and the motion
carried.
Resignation Letter from Council
Member Wride
We
received a letter of resignation from Council Member Wride. Mayor Hansen said that this was hard for her
to do because she has some projects that she is still working on. She has done an outstanding job. We will advertise for the vacancy and then
the Council will review the resumes prior to the next Town Council
Meeting.
Mr.
Erickson explained that the state has a standing easement on all highways of
100 feet. Just south of the marina
there is only 33 feet on either side of the center of the road. He said that there may not be enough room
for the Lockwood Development to go where they want it to go without going on
state property. He said that we should
identify the highway right of way before we go much further with Lockwood.
COUNCIL MEMBER REPORTS
There
were no further reports other than what has already been discussed for this
month.
Mayor
Hansen said that he needs to decide how to do the Council Member
assignments. He said that now is the
time for the Council to say if they want to change their assignments. He said that he will visit with Council
Member Seiler to find out what her specialties are.
Mayor
Hansen said that he has talked to Mr. Dennis Bullock about the entrance to 3rd
west and we may be able to go in together to do a better project. We should spend RDA funds for this project.
Mayor
Hansen said that we should purchase a piece of property for a large parking lot
that could help with some of the congestion on the main road.
APPROVAL OF MINUTES
Town Council Meeting held on December 8, 2005
Council
Member Gray made the motion to approve the minutes of the Town Council meeting
held on December 8, 2005 as
written. Council Member Leonhardt
seconded the motion. All in favor and
the motion carried.
Public Hearing held on December 8, 2005
Council
Member Gray made the motion to approve the minutes of the Public Hearing held
on December 8, 2005 as written. Council
Member Leonhardt seconded the motion.
All in favor and the motion carried.
Executive Session held on December 8, 2005
Council
Member Gray made the motion to accept the minutes of the Executive Session held
on December 8, 2005 as written. Council
Member Leonhardt seconded the motion.
All in favor and the motion carried.
PAYMENT VOUCHERS
Council
Member Leonhardt made the motion to pay the bills as presented. Council Member Gray 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 11:20 p.m.
APPROVAL:
_____________________________________________
Kenneth
Hansen, Mayor
Attest:
_____________________________________________
Town
Clerk