MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The
Garden City Town Council held their regularly scheduled meeting on July 13,
2006 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 7:00 p.m.
Roll
call of Council Members Present:
Kenneth Hansen, Mayor
Margaret Satterthwaite
Elizabeth Seiler
Larry Gray
Note:
Brian House was later appointed and sworn in
as a Council Member.
Others
Present:
Kathy Hislop Ted
Wilson
Jason Linford Frank
Smith
Travis Hobbs Gerald
Hunsiker
Ralph Cannon Jim
Schnetzer
John Abraham Norm Mecham
Fran Morgan Greg
Diven
Brian House Leslie
Garaycochea
Tom Weston John
Alter
Kathy Harrison Scott Gough
Jay Harrison William
Gough
Debbie Forakis Karlene Ashworth
Gary Forakis Gene
Ashworth
Merle
Sprouse Mark Stringham
Mayor
Hansen welcomed everyone to the meeting.
RESIGNATION OF COUNCIL MEMBER LEONHARDT
Mayor
Hansen explained that we have received the resignation of Council Member
Leonhardt. He did a good job for the
community and we will miss him.
Council
Member Gray made the motion to accept the letter of resignation from Mike
Leonhardt. Council Member Seiler
seconded the motion. All in favor and
the motion carried.
APPOINTMENT OF NEW COUNCIL MEMBER
Because
of the vacancy on the Town Council we have published the position for
candidates to apply. We have received 3
Declaration of Candidacies from Brian House, Fran Morgan-Thomas and Scott
Tolentino. Mayor Hansen invited the
candidates to address the Council.
Ms. Morgan-Thomas said that she would like to
become more involved in the community and do community service. She explained her background which includes
a business in Logan. She has one client
in Garden City and two in Logan She has
worked with Governor Bangerter on a committee for child and spouse abuse. She has been an election judge in
Logan. She said that she has not
previously served on a Town Board but she has time to work with the Town and
would like to serve on the Town Council.
Mr.
House explained that he has been on the Garden City Planning & Zoning
Commission for 15 years, of which he has been the Chairman for 10 years. He has lived in the valley almost 20
years. He feels that the community has
a lot of things going on with the building and the growth, and there are a lot
of issues to deal with. Council Member
Satterthwaite said that she has been impressed with his knowledge and how he
conducts a meeting. Mr. House said that
a few people in the community asked him to run for this position. He does enjoy his position on the Planning
& Zoning Commission. Mr. House said
that he feels that the most pressing issues right now are growth, open space,
agricultural use of the valley, recreational uses, forest service, beach access
and private property access.
Ms.
Morgan-Thompson said that there is room to grow and learn. Development seems to be very important. They are very important issues and need to
be handled in a sensitive manner.
Mr.
Tolentino was not able to attend this meeting because of a prior appointment so
he prepared a letter for the Council to read.
Mayor Hansen said that Mr. Tolentino is a fine individual and has served
Garden City for a long time.
Mayor
Hansen said that he would entertain a motion or directive from the Council as
to how they want to proceed at this point.
Council
Member Gray made the motion to appoint Brian House to the Town Council. Council Member Satterthwaite seconded the
motion. No further Discussion. All in favor and the motion carried.
Mr.
House was sworn in as the new Town Council Member.
APPROVAL OF MINUTES
May 11, 2006, Town Council meeting, Public Hearing
Council
Member Satterthwaite made the motion to approve the minutes of the Public
Hearing held on May 11, 2006 as presented.
Council Member Seiler seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for;
Council Member Gray, for; Council Member House, abstained because he did not
attend the meeting. Motion carried.
May 11, 2006 Town Council meeting.
Council
Member Satterthwaite made the motion to approve the minutes of the Town Council
Meeting held on May 11, 2006 with the corrections submitted by Council Member
Satterthwaite. Council Member Gray
seconded the motion. Council Member
Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for;
Council Member House, abstained because he did not attend the meeting. Motion carried.
May 11, 2006 Executive Session to discuss property purchase for the,
water treatment plant
Council
Member Satterthwaite made the motion to approve the minutes of the Executive
Session held on May 11, 2006 as written.
Council Member Seiler seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for;
Council Member Gray, for; Council Member House, abstained because he did not
attend the meeting. Motion carried.
June 8, 2006 Public Hearing to discuss the Budget
Council
Member Gray made the motion to accept the minutes of the Public Hearing held on
June 8, 2006 as written. Council Member
Seiler seconded the motion. Council
Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray,
for; Council Member House, abstained because he did not attend the
meeting. Motion carried.
June 8, 2006 Town Council Meeting
Council
Member Satterthwaite made the motion to approve the minutes of the Town Council
Meeting with the changes submitted by Council Member Satterthwaite. Council Member Seiler seconded the motion.
Council Member Satterthwaite, for; Council Member Seiler, for; Council Member
Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
June 21, 2006 Town Council Public Hearing
Council
Member Satterthwaite made the motion to approve the minutes of the Town Council
Public Hearing as published. Council
Member Gray seconded the motion.
Council Member Satterthwaite, for; Council Member Seiler, for; Council Member
Gray, for; Council Member House, abstained because he did not attend the
meeting. Motion carried.
June 21, 2006 Town Council meeting, Special meeting
Council
Member Satterthwaite made the motion to approve the minutes of the special Town
Council Meeting as written. Council
Member Seiler seconded the motion.
Council Member Satterthwaite, for; Council Member Seiler, for; Council
Member Gray, for; Council Member House, abstained because he did not attend the
meeting. Motion carried.
BUSINESS LICENSE DISCUSSION/ APPROVAL
G&G Cabinets & Closets, William Gough and Scott Gough
Mr.
Scott Gough is translating for Mr. William Gough who is deaf. Mr. Gough explained that they would like to
start a cabinet shop. They have 8 years
of experience doing cabinets. Mayor
Hansen said that there is a need for that type of business here right now. Mr. Scott Gough will be doing the
phone/office work at 900 N. BL Blvd, where his business is located. They will be doing the cabinet business and
manufacturing of the cabinets at the storage units on Kimball Lane. Council Member House said that the addresses
need to be corrected on the application.
Mr. Gough said that they will not have a show room, just the
manufacturing shop with a few samples, they will have to go to the shop to see
the samples. The contacts will be done
over the phone. In the future they
would like to have a show room and also their own manufacturing building. They do have their sales tax number and the
state license.
They
are renting the storage unit so they will need a letter from the owner of the
building allowing them to conduct business there.
Council
Member Gray made the motion to approve the business license for G&G
Cabinets & Closets with the stipulations that they provide the Utah state
tax number, the professional license and the letter from the property
owner. The Building Inspector needs to
make sure the building in okay to do the business. Council Member House seconded the motion. All in favor and the motion carried. They also need the correct addresses for the
locations.
Discussion for Commercial Development, Greg Diven
Mr.
Diven explained that he does property
development/management and he would like to pursue the possibility of
developing property across the street from the town office. He would like some direction from the
Council. The parcel of property that he
would like to develop is 4.29 acres, which is 3 of the parcels in that
subdivision. He does have the property
under contract right now. He would
like to put in a grocery store as the anchor with a few small retail
spaces. They may want to build a
restaurant at a later time.
They
have done some research to determine what is needed in this area. Mr. Diven
explained that he does have a
conceptual plan and he has talked to an owner of a grocery store that is very
interested in the project. Mr.
Diven would like to get something
started right away so a good portion of the project would be completed before
winter. He would then finish the
project next spring. He wants to do something
that will really add to the community and keep the business here in town. This project would also increase the value
of the community.
Council
Member Gray said that he reviewed the minutes of the meeting when that
subdivision was approved and 2nd west was discussed as an access to
that property. Mayor Hansen said that
we discussed that at length during the meeting and we decided that we didn’t
have that in the General Plan so it was not a requirement for this
subdivision. The Council discussed 2nd west. Mayor Hansen said that we talked about doing
corridors running east and west. Mr.
Diven said that they do plan on entering the property off Hwy 89.
Mr.
Jason Linford said that 2nd west was put on the map to show where it
would go, but it is not on the General Plan.
Anything that would divert from the Master plan would have to be
approved by the Planning & Zoning Commission.
Council
Member Seiler explained that we did have another developer come in a couple
months ago to discuss a grocery store in the same area of town. It was the same type of development.
Ms.
Garaycochea said that they met with a
grocery store owner and he is very interested in coming into the
community. They really want to work
with the community, school programs and other businesses in the community. There could be some real benefits for the
community.
Mayor
Hansen said that we could really use a bank.
Mr.
Diven said that he is meeting with Associated Foods and with the owner of the
store. The owner of the store is from
Eden, Valley Grocery Store. The
building will be 1300 - 1400 sq ft.
Mr.
Diven asked about the easement along the state highway, a road and access
easement that was approved with the subdivision plan. Mr. Linford explained that it is there because there is an
irrigation ditch. Mr. Linford also explained the UDOT access requirements
for the property. The requirements from
UDOT may be fairly extensive. Mr. Diven
said that he will contact UDOT to work through any problems.
Mayor
Hansen explained that we do have architectural standards that he will have to
follow. Mr. Diven said that it will be
a cabin look.
CONDITIONAL USE PERMIT AMENDMENT
JK Storage, (Previously approved at MJ Storage) Jay Harrison
Mr.
Harrison explained that they own the storage sheds on Christa Circle in
Foothill Estates. He is asking to have
the configuration changed from what was approved previously. He has been working with a builder that
could build the new storage sheds. The
original conditional use permit was approved for 42 more units but he just
wants to put in 33 additional units. He
has paid for a water hook up so he can do the landscaping that was
required.
Mayor
Hansen read through the requirements from the Planning & Zoning
Commission.
Mr.
Harrison showed the configuration of what was approved originally and the new
layout. It will all be within the
fenced area that is already there.
Council
Member House said that the change in the 10% landscaping is to make it look better. Landscaping will be toward the highway and
toward the road in the subdivision.
Council
Member Seiler said that the note from the Planning & Zoning Commission
states that the storm water retention needs to be resolved. Mayor Hansen said that there is run off that
will need to be retained on the property.
The storm run off plans will need to be drawn by Mr. Harrison’s engineer
and approved by our engineer. Mr. Harrison said that he will comply with what
the Council will require.
Mayor
Hansen said that the real issue to deal with is that we need to have everything
taken care of that the Planning & Zoning Commission required. The approval needs to be conditioned upon
resolving the storm water retention that will be approved by Mr. Linford.
Council
Member House made the motion to accept the conditional use permit amendment for
JK Storage, with the conditions that were set by the Planning & Zoning
Commission. Mr. Harrison will also
provide a stamped set of plans to the Town and to the Town Engineer. Council Member Satterthwaite seconded the
motion. All in favor and the motion
carried.
NEW PUBLIC WORKS EMPLOYEE
Mayor
Hansen introduced Mr. Travis Hobbs as the new Public Works employee. Mr. Hobbs explained his background and what
he has done for Hyrum City.
SWAN SPRING CULINARY WATER TREATMENT PLANT UPDATE, Jason Linford
Mr.
Linford explained that we did get the funding package that we were trying to
get with the State and with Rural Development Administration (RDA) for the
treatment plant. We are still waiting
for the survey of the property, which should be done by the middle of next
week. Once the survey is completed
Sunrise can finish the new site design.
They have sent the preliminary design to RDA and they have a few
comments. Mr. Linford feels that we can
send this out for bid by the first of September.
Mr.
Linford passed out the request from Pall Corp, who is the supplier for the
treatment plant equipment. We approved
them and gave them an original time plan for the construction of the treatment
plant. They are concerned now because
of the delays. They want a letter
stating that we are still planning on going forward with the project and that
we authorize them to go ahead and begin the construction of the equipment. Mr. Linford has discussed this with RDA and
they have a few minor concerns. Mr.
Linford will review the letter of concerns with Mayor Hansen before this letter
is signed. Mr. Linford said that Pall
is a good company to work with and they have been in a state of limbo to this
point.
Mr.
Linford has worked with Utah Power and they said that we can run the power
either overhead or underground. It will
be about the same cost but we have to do all the work. Mr. Linford said that putting the power in
the ground in that area would be a very arduous task. He will probably recommend going with the overhead power. The one stipulations is to get a legal right
of way to put the power through. Mayor
Hansen said that there should be a legal right of way. Ms. Marilyn Adams, from Hickman Title, has
looked at the plats and that right doesn’t show on any of the plats. Mayor Hansen said that we will have to work
with all the private property owners right from the bottom and all the way up
to get the easements.
Mayor
Hansen said that another issue is the trees.
We have to provide approximately 6' of open area for the power
lines.
Mr.
Linford said that we have budgeted
$150,000 for the 3 phase power. The
price from UP&L would be $60,000 - $80,000 for the lines. So we will have some funds to work with for
our part of the work. All the poles
will have to be replaced because they aren’t big enough to carry the 3 phase
power.
Mr.
Linford said that his opinion is that
he would prefer a buried line but it would be too costly because of the rocky
groung. Council Member Satterthwaite
asked if the cost could be shared with any of the property owners that may
develop in that area. Mayor Hansen said
that it is pretty limited for development right now and they wouldn’t require 3
phase for development.
Council
Member Satterthwaite asked about the security issues of the plant, could it be
terrorized or sabotaged, would there be immediate notice to someone if there
was a problem. Mr. Linford said that there will be a fence around the
property and we can put in cameras.
There is also a telemetry system that will notify the Public Works
employee. Mr. Linford will check on additional costs for a camera
or an ADT system. Mayor Hansen said
that we may want to contract with a company to handle the security.
We
will eventually need to have an additional certified operator. The additional person may not need to be
full time.
Council
Member Seiler moved to accept the letter from Doug Madsen, the Construction
Administrator for the Pall Corp., and we will draft a letter back authorizing
them to begin the construction of the equipment for the water treatment
plant. We also authorize the Mayor to
sign the letter. Council Member Satterthwaite
seconded the motion. All in favor and
the motion carried.
The
Council agreed to go ahead with Mr. Jeff Hansen to work on the right-of-ways
for the power.
TRANSFER/EXCHANGE OF WATER SHARES DISCUSSION
Mark Stringham Subdivision
Mr.
Stringham explained that they are proceeding with the subdivision that is north
of the Town. They did want to annex but
that is not feasible at this time. They
want to subdivide into 4 lots and they currently have one water connection, so
they need 3 additional connections.
They do have 5 shares in the Swan Creek Canal that they are willing to
negotiate for these 3 lots.
Council
Member Satterthwaite said that this is outside the town limits. We earlier stated that we are not selling
water shares outside the town limits.
Mayor Hansen said that it was just discussion but we don’t transfer
water connections unless they transfer water shares to the Town.
Mr.
Stringham said that they do have a preliminary plat that has been approved by
the county Planning & Zoning Commission.
Mr.
Linford said that on a 3/4 acre lot
they must transfer 1.1 share per lot. A
1 acre lot would be a 1.44 share per lot.
The two lower lots are just less than 1 acre and the two upper lots are
1.7 and 1.8 acres. The water shares are
in Mr. Stringham’s name. Mr.
Linford will do the exact math on what
he would need to transfer.
Council
Member Satterthwaite feels the same as she did before, that our approval must
be contingent upon the fact that these can be conveyed. Mayor Hansen said that the canal company
does own the right and the Town has the use of the share. Mr. Linford explained that where everything
is taken from the same source the water rights specialist said that it is not
important to transfer the point of diversion, we just need to take it down the
pipeline instead of in the canal. If
you convert the water shares from
culinary then the carrier water comes more into play, if you leave them
in the canal and just get a point of conversion change then you can use more of
the water because that part of calculation doesn’t come into play. You can do it either way as long as the canal
company agrees that you can use it either here or there, they have to be the
one’s to say you can use it in the canal or the culinary pipes. We would also need approval from the
state. Mayor Hansen said that we would
need a certificate signed and turned over to the Town and also a letter from
the canal company approving this transfer.
Mr.
Stringham discussed the lines and how he would connect to the system. He said that the Town has 1 line maybe 2
that goes through this property and they are willing to leave the lines
there. Mayor Hansen said that the line
that feeds the house on this property does come off the main line in the road.
Council
Member Gray made the motion to accept the transfer in the proper amount based
on Mr. Linford’s calculations, it includes the easement for the existing lines
and that Mr. Stringham provide a letter from the canal companies approving this
transfer. Mayor Hansen asked what Mr.
Stringham felt the cities responsibility would be in the subdivision. Mr.
Stringham said that he feels that they would still need to purchase a
connection for each lot. Mayor Hansen
said that if we are responsible to maintain the lines in the subdivision then
we need to have an easement for the utility lines. Motion died for lack of second.
Council
Member Gray made the motion to accept the water transfer with a letter from the
canal company and a right of way granting an easement for the existing lines as
well as the new lines and the calculations that Mr. Linford provide are absolutely accurate for the
transfer. Council Member House seconded
the motion. Council Member Seiler, for;
Council Member Gray, For; Council Member House, for; Council Member Satterthwaite, opposed. Motion carried.
Robert Stathum Development
Mr.
Stathum is not in attendance so we can’t take any action with this project at
this time.
Balsamorhiza, Norm Mecham
Mr.
Mecham explained that we discussed the conversion of water rights for his
project last month. The one water right
was converted over to the Town and his engineer has started with the other
conversion. Mr. Ken Tuttle sent a
letter that said that he is okay with the calculations but he does have a few
minor concerns and Mr. Mecham is working with him to resolve those
concerns. Mr. Mecham did come to an
agreement with Mr. Ken Tuttle of the absolute minimum amount that they could
deal with at this point. He feels that
the 442 acre feet is a good amount from the 1 cfs. He also said that his attorney could do the paperwork for the
Town to get the transfers completed and also try to re-instate the lapsed water
right. We still need to get the
extension done. Mr. Mecham said that he
will pay to see if they can get the lapsed right resolved.
Mayor
Hansen said that municipalities have a better chance to get the lapsed right
re-instated. It is in our best interest
to work with Mr. Mecham to get that finished.
The
intention all along for this one right was to turn it over to the Town. It was
part of the Washaki Development that went bankrupt many years ago.
Council
Member Satterthwaite said that the whole Town
needs to know more about the water and the transfers because in the past
they have not been handled correctly, they have not come across to the
Town. The right that we are discussing
is a well right so we can do a point of diversion change to the site where we
did the test well. That is the
recommendation of Mr. Tuttle. Ground
water is just considered ground water and it is basin wide. Mr. Linford
said that we could look at drilling a new well and put it directly into
the treatment plant. Mayor Hansen said
that Mr. Mecham needs to handle this and then bring us the right ready to
use. Mr. Mecham said that the Town has
an obligation to provide him water according to the agreement that was
signed. He is willing to help the Town
accomplish what needs to be accomplished.
Council
Member Satterthwaite said that what was promised in the agreement didn’t
happen. Mr. Mecham said that he did his
part of the agreement. The agreement
said that he is to transfer the rights to the Town and then the Town has the
right to complete the transfer. Mr.
Mecham said that this calculation is just based on the one right that is not
yet lapsed, we need to take the lapsed right out of the equation. He can still work on getting the lapsed
right re-instated. He is willing to
transfer the right to the Town for what he wants to develop. He is also willing to work on getting the
lapsed right re-instated. The one right
has been transferred into the Towns name.
Mr.
Mecham said that the extension has not been filed but he is willing to use his
attorney to get the extension filed. He
is also working with Mr. Tuttle on the transfer and the extension. We do have the deed for the transfer. Mr. Tuttle wants some of the wording on the
deed changed so he will take care of that and have it recorded tomorrow.
Mr.
Linford said that we currently have
enough water rights but eventually we will run out.
The
main line is to the Chevron but it will be the developer’s responsibility to
extend it to his development
Mr.
Mecham would like to know that he currently has enough water to transfer for
the 442 acre feet and he will work to get the right extension and also work on
the lapsed right. They are two separate
issues. The first issue is to do the
extension before August then he will work on the lapsed right. Council Member Satterthwaite said that the
right was lapsed in 1998 and the agreement with the town in 2000. Mr. Mecham said that the extension has been
filed. The transfer is done but
conditioned upon the extension.
Mr.
Linford said that he is okay with the
letter from Mr. Tuttle calculating the water connections for Balzamorhiza. The original plan included a lodge, a
restaurant and 700 residential units.
Right now he can live with the 442 acre feet, which everything will be
taken out of. This is for a maximum of
590 ERU’s.
Fire
protection is not included in these calculations, it would have to be
calculated in a tank. That will have to
be figured when they submit the plans for the development.
Council
Member Satterthwaite asked how we will protect the shares that we have now that
have not come over completely. Mayor
Hansen said that the only water shares that we have now have came over as
certificates from the canal companies.
They are still in the canal, they have not been transferred out of the
canal. Mayor Hansen said that there is
a real difference from converting them to culinary use other than leaving them
in the canal.
Council
Member Satterthwaite said that we need to be careful not to allow the rights to
be taken because we are not using them correctly. Mayor Hansen said that we have to show use once every 5
years. We need to keep them in
rotation. Mr. Linford said that we do need to do some work on the
Pickleville well.
Council
Member Satterthwaite said that she is still uncomfortable with these water
right transfers.
Council
Member Gray made the motion to accept the letter from our water rights expert
Mr. Ken Tuttle allowing Mr. Norm Mecham to move forward with his master plan. Council Member House seconded the
motion. Council Member House, for;
Council Member Seiler, for; Council Member Gray, for; Council Member
Satterthwait, opposed. Motion
carried.
PETITION TO ANNEX CERTAIN REAL PROPERTY, DISCUSSION/APPROVAL
The property is located on the south side of Hodges Canyon Road. 4.11 acres of the parcel is already within
the Garden City Town Council. The
request is to annex the remaining 12.09 acres into the town limits. This discussion is due to recommendations
from the County Commissioners. Parcel
#41-33-00-091, 41-33-00-093 and 41-33-00-090.
Property owners are Norm Mecham, Randy Mecham and Ray Elliott
This
discussion is due to the recommendation of the County Commissioners. Mr. Mecham previously requested annexation
of the property just south of Hodges Canyon Road. The property to the north of Hodges Canyon Road is already
annexed into the Garden City Town limits.
Therefore, the County Commissioners would like Garden City to annex
Hodges Canyon Road to the end of Cherimoya Subdivision because the property on
either side of the road will be in the Town limits. Mr. Mecham has given the Town 60' to expand the road at the
bottom of Hodges Canyon Road. That
project is in the works right now.
We
have verbal approval from Ron Hansen and Wayne Hansen to annex the remainder of
their property from the canal to the section line.
Council
Member Satterthwaite made the motion to approve the annexation based on having
letters from Ron Hansen and Wayne Hansen agreeing to the annexation of their
property. Council Member Gray seconded
the motion. All in favor and the motion
carried.
Mr.
Mecham will work on getting the letters from Mr. Ron Hansen and Mr. Wayne
Hansen.
Swan Creek Meadow annexation, Robert Stathum
Mr.
Stathum is not in attendance so this agenda item is skipped.
BUTTERCUP SUBDIVISION POA
ATV Ordinance to include Buttercup Subdivision
Mr.
Jim Schnetzer & Mr. Gene Ashworth are representing the Buttercup
Subdivision POA. Mr. Schnetzer said
that when the Buttercup SID was discussed they were told that they would be
included in the ATV ordinance. He said
they were promised by the Town that when 3rd west goes south through
Buttercup, Buttercup would be part of the ATV ordinance. They would like a letter from the Town that
Buttercup is included with the ATV ordinance that they can distribute to all of
the homeowners. Mayor Hansen recommended
to the Council that it is okay as long as it connects to 3rd
west. Mr. Schnetzer said that with the
letter they want to tell the HOA that they can ride ATV’s in the subdivision
but when they leave Buttercup they need to trailer them. When 3rd west comes in then they
can access out of the subdivision. Mr.
Schnetzer said that this was already agreed in previous meetings.
Council
Member Gray said that the purpose of the ATV ordinance was to identify the
roads that would provide access to and from riding areas, not to provide access
for people to ride around Town. That
would be the intent for the Buttercup HOA, would be to ride them around
Town. Mayor Hansen said that the problem
is that the other subdivisions would want the same consideration as what
Buttercup is requesting. Mr. Schnetzer
said that the Buttercup roads are all private roads right now. Council Member Gray said that none of them
are identified in the ordinance.
Council
Member Satterthwaite suggested that they are not our roads yet and this may be
a premature decision. The paving is not
completed yet and we don’t know when they will be turned over to the Town.
Council
Member Seiler said that she spoke with Ms. Sharlotte Wride who said that it was
part of the agreement. We don’t
remember the specifics but it was discussed during a meeting and should be in the minutes. We can look up the minutes and then discuss this during the next
meeting.
Buttercup Pump House Water Project
Mayor
Hansen said that he will have the Public Works Employee look at the plans and
if he is okay with them then we can go to bid on the project.
Letter received from Robert A. Eckhard
The
Town Council received a letter from Mr. Eckhard regarding a specific road in
Buttercup. This is not a concern of the
town, it is a HOA issue. We had all the
public hearings and there was ample time for his opposition.
ORDINANCE DISCUSSION/APPROVAL
Ordinance #06-15, An Ordinance Establishing Guidelines for Collecting a
Building Permit Deposit.
Mr.
Cannon has looked at the ordinance and stated that he is not sure that it will
prevent occupancy, but he feels that it is a good idea.
Mr.
Mark Stringham said that he does not like the building permit deposit. Mayor Hansen asked him what he would suggest
that would insure that people have a certificate of occupancy before they
occupy a structure. Mr. Stringham said
that we would have to do some type of motivation to make it happened. Council Member Gray asked who is the burden
on, is it the builder or the Town.
Mayor Hansen said that he is sympathetic with this problem but how do we
get people to finish their projects.
Mr. Cannon said that they have done a great deal of work on this
lately. They have found that there are
a lot of people that were told that they could move in even though the house
was not done. There is not really a
problem with 80% of the builders. 90%
of the permits are not a problem and will get the certificate of occupancy
before they move in but there are others that have been allowed to move in
before the house is safe. Mr. Cannon
said that they are trying to enforce the certificate of occupancy but there is
not an easy solution. Mr. Cannon said
that he recommends an incentive of the deposit to get them done, but they can
handle it without the deposit if the Council decides that way.
Council
Member Satterthwaite said that there are some people that feel that it is the
Towns responsibility to enforce it but once they move in it is cost prohibited
to allow it. Mr. Cannon said that they
are not allowing anyone to move in without the certificate of occupancy but
according to state law they can have the sherif move them out if the house is
determined unsafe.
Mr.
Cannon passed out his report. The town
is at $15,000,000 in permit valuation
and the county is at $19,000,000.
Council
Member House made the motion to pass ordinance #06-15 as written. Council Member Satterthwaite seconded the
motion. All in favor and the motion
carried.
Ordinance #06-26, An ordinance to outline requirements for annexation
into the Garden City Town Limits.
We
have not pre-zoned any property outside the Town limits but this would allow
the Planning & Zoning Commission to recommend a pre-zone. There were no concerns from the Planning
& Zoning Commission with this ordinance.
Council
Member Gray made the motion to accept ordinance #06-26 as written. Council Member House seconded the
motion. All in favor and the motion
carried.
Ordinance #06-27, An ordinance to outline requirements for subdivisions
of not more than four (4) lots.
Council
Member Satterthwaite moved to approve ordinance #06-27 with the changes to said
ordinance. Council Member House
seconded the motion. All in favor and the
motion carried.
Ordiannce #06-28, An ordinance to outline requirements for the
Conditional Use Permit process for Garden City
Council
Member House made the motion to pass ordinance #06-28 as amended. Council Member Gray seconded the
motion. All in favor and the motion
carried.
Ordinance #06-25, An ordinance updating the requirements to obtain a
beer license in Garden City
This
ordinance will be put into the proper format so it is consistent with the other
ordinances and it will be sent to the attorney.
Ordinance #06-29, An ordinance updating the Municipal Government
section of the Garden City Ordinances, Title 300
Council
Member Satterthwaite explained the changes to the ordinance. These changes are just to be consistent to
State Statute and to be consistent to the way we are conducting our
meetings. We also need to do a roll
call vote for ordinances and resolutions.
The Town Clerk will check with the League of Cities and Towns to
determine if this is a requirement.
Also,
this ordinance outlines additional duties allowed for Mayor.
Council
Member Gray made the motion to approve ordinance #06-29 as written. Council Member House seconded the
motion. All in favor and the motion
carried.
Discussion regarding Ordinance, Chapter 11E-700, Water Transfers
Mayor
Hansen said that the transfers really need some work. We need to have the attorney look at this ordinance and we need
to do it soon. The water with
developments need to come to the Town with no strings attached. We don’t want the Town to be in the position
that we have to give monetarily for
water. Council Member Satterthwaite
said that her only concern with that is that if we require transfers and take
more than a developer thinks is a fair share, then it is an illegal
taking. That is true and the policy is
to only take what we need to do the development. Mayor Hansen said that his concern is that we don’t want to see
the other shares lost if they don’t give all the shares to the Town.
Mayor
Hansen said that all the land, below the canal, in Garden City was allocated
for irrigation water. So they are
actually taking the development part out and they are taking the remaining
shares and leasing the shares to someone that already has shares for their
ground. The state can come in and say
that they are using more water on that land than what they are allocated. How can they justify the extra use of
shares? What would happen if the state came
in and did an audit of the water shares being used?
We
really need to pay attention to our water and protect our water interest. Mayor Hansen said that we have tried to
create a conservancy district to protect each others water. Council Member Satterthwaite said that is
why it makes sense to form a Water Board for these issues. We need to make sure the water stays here
because it is needed here.
We
need to have our attorney try to re-write this ordinance. We also need to have the attorney look at
Chapter 13A and B.
RESOLUTION DISCUSSION/APPROVAL
Resolution #R06-04, A resolution establishing the Garden City Building
Permit Deposit Amount
Council
Member Satterthwaite made the motion to approve Resolution #R06-04 as
written. Council Member Gray seconded
the motion. All in favor and the motion
carried.
Resolution #R06-06, A resolution to update the water impact fees for
Garden City
Council
Member Satterthwaite recommends that we accept the resolution as printed,
Resolution #R06-06. Council Member
Seiler seconded the motion. All in
favor and the motion carried.
Resolution #R06-11, A resolution to set a fee amount for annexation
petition requests to annex property into the Garden City Town limits
Council
Member Satterthwaite moved to approve resolution #R06-11 as written. Council Member Gray seconded the
motion. All in favor and the motion
carried.
Resolution #R06-12, A resolution of the Town of Garden City, Rich
County, Utah, authorizing not more than $5,500,000 of its water revenue bonds,
in one or more series to finance drinking water system improvements and retire
interim financing; fixing the maximum interest rate, maturity, and discount of
the bonds; providing for the publication of a notice of bonds to be issued; and
related matters
This
resolution was prepared by the Bond Attorney.
It is the resolution allowing financing for the Swan Spring water
project.
Council
Member Satterthwaite moved to approve Resolution #06-12 as prepared. Council Member Seiler seconded the
motion. All in favor and the motion
carried.
Resolution #R06-14, A resolution to set a fee amount for a Conditional
Use Permit Request
Council
Member House made the motion to pass Resolution #R06-14 as presented. Council Member Gray seconded the
motion. All in favor and the motion
carried.
MISCELLANEOUS ITEMS
Farewell Speech, Mr. Paul Lamborn
Mr.
Paul Lamborn is not in attendance so this agenda item is skipped.
Change of Town Council meeting time.
Mayor
Hansen said that we should consider changing the time of the Town Council
meetings just because how long they usually last. The Council agreed to start the meetings at 5:00 p.m. beginning
in August.
Council
Member Gray made the motion to reconsider ordinance #06-29 to include a begin
time for the Town Council meetings at 5:00 p.m. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
New Library Discussion
Mayor
Hansen said that he felt that the open house went really well. The next step would be to decide were we
would like to build it, either at the park or on the new property. Council Member Gray said that he recommends
that they build the new building at the park and move the park to the new
property, this will utilizing the two tier building with a two tier access. We can still keep a limited park there with
the beach access and the boardwalk.
Council
Member Satterthwaite agrees with having the park moved and the Town Hall at the
current park property. Council Member
House agrees with getting the park off the main road. Council Member Seiler said that there was enough citizens that
wanted the park to remain where it is that we should try to do what we can to
keep a small park there.
Mayor
Hansen said that we need to begin to look for someone to do a serious
design.
County Noise Ordinance
Mr.
Swainston sent a letter for the Council to read regarding the County Noise
Ordinance. This is a follow up item
from last months meeting. The County
has no laws regarding noise but they will enforce signs.
Common Lock & Key Discussion
We
have had a request from Mr. Dale Bradley requesting that all gates are on a
common lock for emergency purposes.
Mayor Hansen said that he feels this is an issue for the Fire Department
and the Sheriff Office to resolve. The
Council agreed that we forward this to them.
Letter from Postmaster Convention
The
Organizer from the Postmaster Convention sent a letter to the Town Council
thanking them for their hospitality while they were in Town.
Cache Valley Mushers
We
will send this request to the Chamber and also express our support.
TRANSPORTATION MASTER PLAN, Elizabeth Seiler
Council
Member Seiler said that they are having a meeting with UDOT on Monday at
10:30.
LTAP
will be coming here for a meeting the end of July and they will be giving us ideas
for our road system and do the measuring for B&C road funds.
There
was more discussion regarding the annexation ordinance and changes that may
need to be made. Council Member
Satterthwaite made the motion to reconsider the annexation ordinance. Motion died for lack of second.
PAYMENT VOUCHERS
The
Council reviewed the bills and payment vouchers and signed the checks and
vouchers.
Council
Member Satterthwaite made the motion to accept the payment vouchers and checks
as prepared. Council Member Seiler
seconded the motion. All in favor and
the motion carried.
ADJOURNMENT
There being no further discussion the Town
Council meeting was adjourned at 11:15 p.m.
APPROVED:
_______________________________________________
Kenneth
W. Hansen, Mayor
Attest:
_______________________________________________
Town
Clerk