MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The
Garden City Town Council held their regularly scheduled meeting on Thursday,
November 8, 2006 at the Garden City Office, located at 145 W. Center, Garden
City, Utah. Mayor Hansen opened the
meeting at 5:00 p.m.
Board
Members Present:
Kenneth Hansen, Mayor
Larry Gray
Elizabeth Seiler
Margaret Satterthwaite
Brian House
Others
Present:
Kathy Hislop Judy
Holbrook
Laraine Schnetzer Joan Akre
Kelly Hafen Ivar
Akre
Arrin Brunson Jason Linford
Anita Lantz Suzy
Wright
Lana Hodges Carmen
Madsen
Gerald Hunsiker Pat Argyle
Loretta Fidler Paul Webb
Kathy Anderson Kathy Webb
Frank Smith Gwenda
Hansen
Rulon Crosby Brian
Hirschi
David Hickman John
Alter
Nate
Parry
Mayor
Hansen welcomed everyone to the meeting and had the Council introduce
themselves.
APPROVAL OF THE MINUTES
Minutes of the Public Hearing of the Garden City Town Council held on
September 14, 2006.
This
public hearing was held to receive public comments regarding the proposed water
fees.
Council
Member Satterthwaite moved to approve the minutes of the public hearing of the
Garden City Town Council held on September 14, 2006 as prepared. Council Member House seconded the motion. All in favor and the motion carried.
Minutes of the Town Council meeting held on October 12, 2006.
Council
Member Satterthwaite moved to approve the minutes of the Town Council meeting
held on October 12, 2006 as prepared.
Council Member House seconded the motion. All in favor and the motion carried.
BUSINESS LICENCE DISCUSSION/APPROVAL
Rich Land Title Company, David Hickman
Mr.
Hickman explained that they operate Rich Land Title in Logan and they would
like to open an office behind the Town & Country Realty. We need a letter from Town & Country
stating that they are renting the space to Rich Land & Title.
Council
Member Gray made the motion to approve the business license for Rich Land Title
Company with the stipulation that they
provide the letter from the property owner.
Council Member Seiler seconded the motion. All in favor and the motion carried.
Off the Wall, Gwenda Hansen
Ms.
Hansen explained that she talked with the Building Inspectors and she doesn=t need a special license to paint or to do
the mud, she only needs a business license.
The property owner provides the paint and supplies and also takes care
of any left over paint.
Council
Member Gray made the motion to approve the business license for Off The
Wall. Council Member Satterthwaite
seconded the motion. All in favor and
the motion carried.
Bear Lake Home Builders, Mark Hislop
Mr.
Hislop is not in attendance at this time so the Council agreed to revisit this
agenda item when he arrives.
Discussion with current business license holders:
Lutz Construction, Darren Lutz
Mr.
Lutz is not in attendance at this meeting but Mayor Hansen spoke with him today
regarding the concerns of the Council.
Mr. Lutz said that he will conform with the concerns of the
Council. Council Member Seiler said
that one of her concerns is the deterioration of the sidewalk. Another concern is that they need a letter
from the property owner giving approval for the use of the property. Mayor Hansen explained that there are 3 lots
in that area that they are using. Mr.
Lutz said that he will remove the driveway that goes to BL Blvd and clean that
up. He will get landscaping rocks and put them along 200
north so that they have a specific driveway.
Mr. Lutz will make the driveway to the middle lot. It will be used for his business equipment
and also for access to the front lot.
Council Member Seiler said she is okay with that as long as it is in
compliance with the current ordinance.
Council
Member Seiler said that Mr. Lutz is using part of Garden City property as part
of his parking along 200 north. Mayor
Hansen said that he will move back onto the lot. The fence line is the property
line and he will move back behind the fence.
The
deadline for Lutz Construction to complete this is December 31, 2006. If these items that were discussed are not
completed by December 31, 2006 his business license will not be renewed for
2007.
Council
Member Seiler reviewed all the current business licenses and she would like it
more specific.
The
clerks will tag the business license for Lutz Construction to make sure it is
complete before his business license is renewed.
Lakeview Cabin, Nate Parry
When
Mr. Parry applied for his business license he was in the Bear Lake Realty
building, he has now moved to the new business location. Council Member Gray said that it is now
just a matter of changing the business location for the new location, which
includes the restaurant the motel and the show room.
The
Lakeview Cabin business license is for the showroom and the vacant lot. The motel and restaurant are on a separate
business license. Mayor Hansen spoke
with Mr. Parry and he has agreed to vacate what he is doing with the parking on
the vacant lot or he will come talk with the Council to receive approval for
that. Council Member Seiler said that
there are piles of garbage on the lot which should be cleaned up before his business
license is renewed. He also needs to
identify his driveway on the empty lot.
The
clerks will tag the business license for Lakeview Cabins to make sure these are
completed before his business license is renewed.
Funtime Rental, Brian Hirschi
Mayor
Hansen said that he talked to Mr. Hirschi and he is in a unique situation where
he purchased the business that was already existing. Mayor Hansen asked the Council to be as lenient as possible with
the situation. Council Member Gray said
that Mr. Hirschi doesn=t have
a lot of space there to work with, there just isn=t any space there. He said that
we need to be a little flexible with Mr. Hirschi in regard to his
location. The biggest concern is what
he is doing with his own vehicles.
Mr.
Hirschi said that they try to do their best and try to do things to improve the
situation. They have paved between the
building and the bike path to allow for parking. They try to keep the majority of the equipment off that property and
on the lake. He said that he is working
on getting more space to store the equipment.
Council
Member Seiler said that her concern is the safety of them parking across the
bike path. It has been a concern all
summer. Mr. Hirschi said that he is not
aware of any accidents that have been caused there even because of the
parking. Mr. Hirschi said that he has
owned the business for about 6 years and it was the same type of business for
many years before that.
It
is not the intention of the Council to put him out of business, it is the
intent to work on safety issues. Mayor
Hansen said that he is aware that Mr. Hirschi is working to address the parking
issue.
Council
Member House suggested that he stripe the parking in front of the
building. Council Member Seiler said
that the employees may have to park off site and walk. Council Member Seiler encouraged Mr. Hirschi
to look around and try to find alternative parking. He should come up with a plan for parking.
Discussion with business owners who have been approved but not
completed their requirements
Cook Concrete, Justin cook
Mr.
Cook=s business license falls under the same
stipulations as Lutz construction.
EZ 2 Plez, Jeff Forsberg
Mr.
Forsberg will get the sales tax number to complete his requirements.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL, Rulon Crosby
Mr.
Crosby explained that he and his partner purchased the homes on Bear Lake
Blvd. from Mr. Dick Williams. He would like to construct a kitchen and 2
bedrooms in the garage area downstairs to create a duplex. They are requesting
an over/under duplex.
They=ve met with the Planning & Zoning
Commission to discussed the plan. They recommended the Council approve the
duplex based on it meeting the building codes.
Mr.
Crosby said that the owner of the other house is not planning to make any
changes with his home.
Mr.
Crosby said that he will probably add the 1,000 feet to the rear of the lot, it
is required by the ordinance for a duplex.
Mr.
Crosby explained that he met with the variance committee and there was a hung
jury regarding his request for the set backs.
Ms. Hislop explained that the final vote was to deny the set back
variance. Mr. Crosby said that if they
could get the approval of the Council to do the right of way between the homes
then there would only be one access.
Council Member Seiler gave him the access information from the
ordinance.
Council
Member House made the motion to approve the duplex with the additional 1,000 sq
ft added to the back of the lot.
Council Member Gray seconded the motion. Council Member Satterthwaite asked about the proper fire code. Mayor Hansen said that he will have to
conform with everything from the code.
All in favor and the motion carried.
ORDINANCE DISCUSSION/APPROVAL
Ordinance #06-33, An Ordinance Providing for the Dedication of Water
for the Purpose of Development.
Council
Member Satterthwaite moved to approve Ordinance #06-33 with the change of wording
to conveyance. Council Member House
second the motion. All in favor and the
motion carried.
Discussion regarding sample ordinance to create the Garden City Housing
Advisory Committee
Council
Member Satterthwaite asked that if we went with the Santa Clara ordinance, do
we have people in the community that will serve in that capacity? Mayor Hansen said that we have people in the
community that have stated that they are willing to serve in the capacity as the
Garden City Housing Advisory Committee.
Mr.
Frank Smith said that what they were suggesting is just to form an advisory
board to look into these matters and they are ready to go asap.
Mayor
Hansen suggested that Mr. Smith & Mr. Jared Seamon bring the names of people they are
comfortable working with on the committee and then the Council can create the
committee by appointment. Council
Member Satterthwaite said that would fall under the Boards and Committee Ordinance
that was just passed. Council Member
Seiler suggested that Mr. Smith & Mr. Seamon put out a notice, collect
applications and then they can bring them to the Council for appointment. It needs to go out to the community. We have people in this community that are
interesting in doing this and we need to do it correctly. The Council will formally approve an
ordinance to govern the committee.
Mr.
Smith said that he should be able to come in next month with suggestions for
the committee members.
Mayor
Hansen asked to move to #8. The Council
agreed.
SWAN SPRING CULINARY WATER PROJECT/TREATMENT PLANT UPDATE
Mr.
Linford explained that the survey for the treatment plant and surrounding area
is one of the most difficult surveys they have ever done, but it is
completed. One of the main problems is
dealing with the Utah Power property.
It has been discovered that the property was deeded to the Cook family
so we don=t have to deal with Utah Power. Sunrise can do the site plan now. The plant will be just above the canal. The tank will go on the property from Mr.
Hillam. We will be able to maintain the
time line of bidding in the winter and start construction in the spring.
One
of the problems in Little Switzerland is that the subdivision layout on the
ground is about 740' farther to the west than what was originally platted. So the subdivision doesn=t match what is platted. We will have a plat drawn according to what
is actually on the ground, and have everyone sign it so everything will
match. We won=t take any property from anyone, the plat
will just show where their lot actually is.
Mr.
Linford has worked with Mr. Al Harrison to start the subdivision process for
Mr. Petersen=s property.
The Bear Lake Health department is requesting a letter from the Town
regarding the septic systems, etc.
We
are not purchasing property from anyone.
We have an earnest money agreement with the property owners regarding
the change of property.
Mayor
Hansen said that we are still trying to meet the schedule set by the State but
every time we turn around there is something new to deal with.
BUTTERCUP PUMP HOUSE PROJECT
Mr.
Linford explained that the project is going good. The piping is good, they have fired up the pumps, we need to
install a couple of check valves. It
could be on line as quickly as next week.
The pressure on the upper street will be about 40 psi.
ROAD IMPACT FEE
Mayor
Hansen explained that Sunrise will be working on getting a good road impact fee
ordinance together. Mr. Linford explained the impact fee for roads and proposed
that we look at the transportation master plan and see what projects that were
identified in the plan. We also need to
determine if there are other projects that we could use impact fees for. The new residents are causing the greatest
impact. We need to calculate the cost for those projects and determine the
impact of the developments that will come in.
We should also determine the impact of the existing users, etc. That is the type of things that they will be
looking at for the study then they will provide us with the fee schedule. It is a study to prove that we are charging
fair and equitable impact fees.
Mayor
Hansen said that our greatest challenge in the community is a secondary
corridor. We need to look at the budget
to determine if there is money to spend on this study. Mr. Linford said that it will just be basically
an hourly rate. The Council requested a
bid breakdown from Mr. Linford for what it would cost.
GIS EQUIPMENT
Mr.
Linford explained that the GIS programer will come over with the program to
load onto our computer. He can do the
training at that time. He will generate
zoning maps from the aerials. Homeland
Security will provide the funds for the GPS unit. Mr. Nielson just needs a letter requesting reimbursement.
We
can work on the street planning map before we actually approve the map.
Mayor
Hansen said that he would like to discuss a change to the 3rd west
route and a better direction for it by Hodges Canyon Road.
BUSINESS LICENSE DISCUSSION/APPROVAL
Bear Lake Homebuilders Association, Mark Hislop
Mr.
Hislop explained that he would like to form a homebuilders Association for
Garden City, Rich County and into Idaho.
Mr. Hislop said that he is trying to increase the quality of building in
this area and promote the good builders.
He will have an office in his new home, at 35 west 150 south, but most
of his work will be done out in the community, either traveling or by cell
phone. Mr. Hislop said that it is a
non-profit association. He hopes to be
a satellite charter of the Cache Valley Board Association. If not, he will have to get approval from
the Utah State Homebuilders Association.
Mayor
Hansen said that if it is a non-profit organization then he probably doesn=t need a business license. Mr. Hislop said that he will be conducting
business, he will be taking money for advertising and dues. Mr. Hislop is already incorporated and has
his tax numbers for Bear Lake Homebuilders Association, it is an LLC. He has the Federal EIN number, he will not
be collecting sales tax so he will not need that number. He will not have payroll or unemployment
taxes at this time. He may have an
employee in the future.
Council
Member Seiler said that if this is an association we don=t have a business license for that. Mayor Hansen asked how we would regulate it,
and he is not sure why we would regulate that.
Why wouldn=t we
give him the business license? Mr.
Hislop said that he met with the Cache Valley Home Builders Association today,
but he doesn=t know if they have a business license.
Mr.
Hislop said that Cache Valley Homebuilders Association is okay with him
starting and association here. He feels
that it is a good time to showcase what we have here.
Council
Member Seiler said that she wants to be sensitive to the people who have
concerns with the extra traffic going to the home. Mr. Hislop said that most of the business will be conducted while
he is traveling, meeting with people or on his cell phone.
Council
Member Gray made the motion to approve the business license for Bear Lake Home
Builders Association. Council Member House
seconded the motion. All in favor and
the motion carried.
ORDINANCE DISCUSSION/APPROVAL
Discussion regarding sample ordinances to create the Garden City Land Use Authorities and Appeals Authority.
Council
Member Satterthwaite said that how they listed the different authorities in the
sample ordinance is correct. It can be
the Planning & Zoning Commission, the Town Council, or the Board of
Adjustments depending on what authority is given to them. We need to differentiate who has the final
authority. We need to create our
ordinance once we designate who we are going to give the final authority
to. We need to break it down for the
different boards.
We
originally talked about the Council being the LUA and keeping the Planning
& Zoning Commission as the advisory board and we can keep it that way but
we can give them final authority as dictated by ordinance. We would just be delegating out authority of
who is doing what.
We
also need to determine when the decision is final, i.e when the decision is
made or when it is put in writing. We
also need to determine the time line for an appeal.
Council
Member Satterthwaite discussed the Appeals Authority and who has been appointed
in the different cities.
Mayor
Hansen suggested that we have a workshop to create the ordinance. Council Member Seiler suggested that we have
someone from the Cities and Towns come and help with the ordinance. The date for the workshop will be 16th
at 6:30 p.m. depending on who we can get to come and help.
Discussion regarding proposed changes to the Garden City Ordinance,
Title 3 Municipal Government, Chapter 3-100, Municipal Governing Body.
The
Council reviewed the ordinance and we will reformat it and bring it back next
month.
Discussion regarding proposed changes to Garden City Ordinance, Title 3
Municipal Government, Chapter 3-400 Administration.
This
ordinance will also be reformatted and brought back next month for discussion.
DISCUSSION WITH CURRENT BUSINESS LICENSE HOLDERS
Lakeview Cabins, Nate Parry
Mr.
Parry owns all the property from the restaurant to the fence line of the gravel
pit. The correct address should be 98 W
200 N. Mr. Parry has a lease option
which he is exercising on January 15th, 2007. The Lakeview Cabin business license is for
contractor and sales. He has a separate
business license for the restaurant and motel.
He also owns the house. New
Freedom Mortgage and Bear Lake View Cabins is also ran from 98 west 200 north.
The
empty lot is connected and is all one tax ID number. The storage sheds are also on this property. The motel is going to be demolished and the
trailer should be gone by January 15, 2007.
Mr.
Parry said that his plan is to demolish the hotel and make it gravel parking
for the restaurant. He wants to build a
fence around the storage sheds to enclose some of the extra storage there.
Council
Member Seiler said that one of the issues is the outside storage. It is not allowed with his current business
license.
Council
Member Seiler said that he needs to define an access and also do a landscape
plan to be approved by the Planning & Zoning Commission. Mr. Parry said that the requests of the
Council is not a problem and he will take care of it. He would like to continue the outside storage but it would be
closed in with a fence to make it more cosmetic. Council Member Satterthwaite said that the way it is now with all
the equipment is a hazard and that is why he should define the ingress and
egress. Mr. Parry said that he will
have a work truck coming in and out.
Council Member Seiler said that he needs to define the driveway. Mayor Hansen suggested that he build a site barrier
fence, that would really help. He also
needs to do some type of landscaping, cleaning up the yard and define the
driveways. Mr. Parry said that he could
put in boulders to define the access.
The
Council agreed that he may not be able to have all this done by the end of the
year so the Council said that Mr. Parry needs to bring in a plan with the
deadlines for what he is requested to do.
DISCUSSION/DECISION REGARDING CONTINUING THE RASPBERRY DAYS FESTIVAL.
Council
Member House made the motion to continue with the Raspberry Days Festival. Motion died for lack of second.
Council
Member Satterthwaite said that the consensus of those present during the public
hearing was to continue. Mayor Hansen
said that he feels that it is time to make some changes. He said that he is concerned about the
trash, it is a problem. We need to make
sure that we address the problems that were raised during the public hearing.
Mr.
Frank Smith suggested that we plan to do a city wide clean up and then have a
cook out right after the clean up.
Raspberry
Days is still a benefit to the Town and it creates an identity for us.
Council
Member Seiler said that it sounds like we are in support but we need to make
some changes. We need to get it going
soon.
Ms.
Laraine Schnetzer said that she will help with the changes. She said that we need to have an advisor
from the Council to come to the meetings.
We should also have someone from the Chamber help.
The
Council agreed to continue the Raspberry Days with the committee addressing the
changes that need to be made.
JULY 1, 2005 - JUNE 30, 2006 AUDIT REVIEW, Gary Teuscher, CPA
Mr.
Teuscher is not in attendance. This
will be an agenda item in December.
REVIEW OF LETTER OF CREDIT FOR ELK=S RIDGE PHASE I, Frank Smith.
Mr.
Smith said that everything has been completed for Rocky Mountain Power and it
should be completed within the next few days.
All the conduit is in so all they have to do is pull the wire and set
the boxes. This project is designated
to the Wyoming crew.
All
the sweeps are in for the pump house, they have ordered the pumps and they
should be here within a week. It will
be the same type as was installed in the Buttercup pump house.
There
is one section of water pipe that they decided to move so now it is on the edge
of 4 lots.
The
tank is ready to go and everything has been paid for with the exception of
$5,000 worth of pipe.
Council
Member Satterthwaite said that this letter of credit is for phase I. What he has discussed is to complete phase I
so the property owners can get building permits to build.
APPEAL FOR CONSIDERATION OF WATER FEE CHARGES, Mr. Richard Lee
Council
Member Gray made the motion to deny the request to appeal the turn on fee of
$100 and the turn off fee of $100 based on the fact that the burden falls on
the owner, to make sure the payment is made, not the postal service. Council Member House seconded the
motion. All in favor and the motion carried.
INCREASE OF WATER RATES
We
will start the billing change in January so the increase will show on the bill
that will be sent in April.
MISCELLANEOUS ITEMS
New library town hall designs
Mayor
Hansen said that our last CIM meeting was a good meeting. They discussed the vision of what we will do
for the library/town hall. We need to
get a list of the things to go in the building and give it to someone to do a
site plan. Council Member Satterthwaite
said that we have to advertise for bids for this. It should be advertized in the Herald Journal and locally. Mayor Hansen will write up what we are
looking for in the building.
Council
Member House made the motion to move forward with that request. Council Member Gray seconded the
motion. All in favor and the motion
carried.
Board/Employee Christmas Party
The
Board/Employee Christmas Party will be on December 15, 2006.
Logan Canyon Scenic Byway Management Team Representative
Mayor
Hansen explained the management team and said that we should have someone
represent the Town. Council Member
Seiler said that she will try to go if she gets the notices.
COUNCIL MEMBER REPORTS
Council
Member House said that the Planning & Zoning Commission had their first
major issue with the Crosby subdivision.
It was just conceptual so they have a lot of work still.
Council
Member Satterthwaite said that she contacted the planning consultant and she
would be willing to come but all the time she can give us would be maybe a 2 day workshop and her charge is $1500. Council Member Satterthwaite said that there
should be others that are willing to help us.
She will look for someone else to help.
Council
Member Seiler said that she is struggling with the sidewalks. The sidewalk issue becomes a problem as it
gets later in the season so she will work on the sidewalks next spring.
The
street signs look really nice.
Council
Member Seiler said that she is still working on getting someone to take down
the trees.
Mayor
Hansen said that Mr. Norm Mecham has the documents ready for the Hodges Canyon
Road and we will start getting the plat signed. Council Member Seiler will draft a contract for Mr. Mecham to
sign stating that we can drop the trees and burn on his property.
UDOT
would like to know if we have any safety concerns. The concerns listed are the intersection, the speed limit in Town
and parking on Bear Lake Blvd.
Council
Member Satterthwaite moved to appoint Jennifer Negus to be the Beautification
Chairman and choose her committee.
Council Member Seiler seconded the motion. All in favor and the motion carried.
PAYMENT VOUCHERS
Council
Member Satterthwaite moved to approve the payment vouchers 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 House made the motion to
adjourn the meeting at 9:00 p.m.
Council Member Gray seconded the motion. All in favor and the motion carried.
APPROVAL
____________________________________________________
Kenneth
Hansen, Mayor
Attest:
____________________________________________________
Town
Clerk