MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

 

The Garden City Town Council held their regularly scheduled meeting on December 14, 2006 at the Garden City Office, located at 145 W. Center (Logan Road).  Mayor Hansen opened the meeting at 5:00 p.m. .

 

Roll call of  Council Members Present:                

 

Kenneth Hansen, Mayor

Margaret Satterthwaite

Elizabeth Seiler

Larry Gray

Brian House  

 

Others Present:

 

Kathy Hislop          Scott Bessinger

John Abraham          Gerald Hunsiker

Ralph Cannon          Lance Bourne

Ray Elliott              Steve Waters

Rulon Crosby          Nancy Waters

Kent Fisher             Mike DeBloois

Skip Duffin             Marty Adams

Karen Blotter           Loretta Fidler

James Blotter           Dennis Bullock

Anita Weston          Kathy Webb

Ted Wilson             Paul Webb

Vern Andersen         Frank Smith

Josh Andersen         Gary Teuscher

 

Mayor Hansen welcomed everyone to the meeting and said that he appreciate the attendance of the community.  Mayor Hansen introduced the Council Members.

 

APPROVAL OF MINUTES

 

November 8, 2006, Public hearing

 

Council Member Satterthwaite moved to approve the minutes of the Town Council Public Hearing held on November 8, 2006 as presented.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

November 8, 2006, Regular Monthly Meeting

 

Council Member Satterthwaite moved to approve the minutes of the Town Council regular monthly meeting held on November 8, 2006 as presented.  Council Member House seconded the motion.  All in favor and the motion carried.

 

November 28, 2006 Special Town Council Meeting for the Community Development Block Grant

 

Council Member Seiler moved to approve the minutes of the Special Town Council Meeting to discuss the Community Development Block Grant held on November 28, 2006 as presented.  Council Member Satterthwaite seconded the motion.  All in favor and the motion carried.

 

CONDITIONAL USE PERMIT DISCUSSION/APPROVAL

 

Application to operate a mobile crusher on the Balsamorhiza property along Hwy 89 near Bridgerland Village Subdivision,

 

The request is to operate a mobile crusher from January 2007 - July 2007.   Mayor Hansen is involved with this project so he vacated his seat over to Council Member House to preside over this request. 

 

The Planning & Zoning Commission approved the Conditional Use Permit but they suggested that they stop the crushing the first of June and they must also control the dust.

 

Council Member Satterthwaite moved to approve the Conditional Use Permit.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 

Council Member House turned the table back over to Mayor Hansen.

 

Discussion regarding Conditional Use Permit approved for Mr. Rulon Crosby, requirement for 1000' addition to the lot.

 

This is a discussion regarding the conditional use permit approval for Mr. Crosby to make the house at 1593 S. Bear Lake Blvd into a duplex.  A requirement of the permit was to increase the lot 1000'. 

 

Mr. Crosby showed a plat of the property that he acquired.  He explained that they have arranged to add a strip 10' wide on the south side of the lot.  He wants to do this when he presents his subdivision application next month.  The 10' strip would add 1190 sq ft.  He could also add the strip by a deed.  It will leave approximately 20' between the two lots for a private drive.  The Council discussed the private drive and determined that the driveway is not an issue at this time. 

 

Council Member Seiler said that the 1000' needs to be taken care of right now because the subdivision project has not been approved and it should not be contingent on the approval.  The 1000' was a stipulation of the conditional use permit.  Mr. Crosby showed that he has an agreement drafted by the title company for the 1000'.  He requested that the Council wait until the subdivision application because the approval for that can be held up until he deeds the 1000'. 

 

Mayor Hansen said that he can add the 1000' to the back or to the side of the lot but there may be ramifications later with the development if the 1000' is on the side.

 

Council Member Satterthwaite discussed the accesses to the proposed development and the private drive as proposed.  This is a matter for future discussion.

 

Mayor Hansen advise to the Council to have Mr. Rulon Crosby record the 1000' now and give a copy to the Building Inspectors.  The Council agreed. 

 

Council Member House explained that there are some junk issues with the property.   Mayor Hansen explained that we do have a nuisance ordinance.

 

ORDINANCE DISCUSSION/APPROVAL

 

Discussion regarding proposed changes to the Garden City Ordinances, Title 3 Municipal Government, Chapter 3-100, Municipal Governing Body

 

Council Member Satterthwaite explained that this is an ordinance that she proposed last month and she since has taken everything out that has to do with meetings and put it in Chapter 3-200 and left everything that deals with the governing body in Chapter 3-100. 

 

Council Member Satterthwaite explained the section regarding the agendas and requests to amend or change an agenda.  The request to change or amend must be in writing or e-mail. 

 

Council Member House made the motion to put this ordinance in proper form and send it to a public hearing.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 

Discussion regarding proposed changes to the Garden City Ordinance, Title 3 Municipal Government, Chapter 3-200 Meetings

 

This ordinance is included with Chapter 3-100 Municipal Governing Body and will be sent to a public hearing.

 

 

 

 

 

Discussion regarding proposed changes to the Garden City Ordinances, Title 3 Municipal Government, Chapter 3-500, Appointed Officials and their Duties

 

Council Member Satterthwaite went through the ordinance and explained the duties for each appointed official.  The Town Attorney and Town Engineer are on an as needed basis.

 

Council Member Gray made the motion to send this ordinance to public hearing.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Discussion regarding proposed changes to Garden City Ordinance, Title 11B, Land Use - Administration

 

The Council discussed the purpose of a subordinate board that would study any land use issue.  Council Member Satterthwaite explained when the Planning & Zoning Commission would be the final authority and what issues would not come to the Council for approval. 

 

The Appeals Authority deals with related land use issues.  There will be legislative decisions made by the Town Council that can be appealed but we don=t have anything in place to deal with administrative decisions.  Council Member Satterthwaite said that she read in the state code that all decisions must be heard from our own appellate.  Council Member Satterthwaite will look into that issue and will work through the ordinance with some of her changes.

 

Title 11B, Land Use - Administration will be on the January agenda as a whole.

 

RESOLUTION DISCUSSION/APPROVAL

 

Resolution #R06-16, A Resolution to update water rates, hook on fees and impact fees

 

Council Member Seiler questioned the need for the section stating that Afees for subdivisions participating in the water system improvements or expansion projects may be negotiated@.  She feels that this leaves it too open.  Mayor Hansen said that is an old section and suggested that we just remove it.  The Council agreed. 

 

Council Member Satterthwaite said that this requires an ordinance.  Mayor Hansen said that we used to have it by ordinance but the fees are easier to change by resolution.  The ordinance that Council Member Satterthwaite suggested is for impact fees, which allows us to charge impact fees.  She said that we need to update our impact fee ordinance.  Council Member Satterthwaite compare our ordinance with her sample.  She will come up with a new ordinance for impact fees

 

Council Member Seiler questioned the list of uses and the definitions.  We don=t have any definitions for the uses.  It is important to get this resolution passed at this time and we can look at the definitions later.  We will contact Sunrise Engineering and try to get a list of definitions from them.

Mayor Hansen asked if the disconnect fee is high enough.  The issue is the summer residents that want to be disconnected for 5 months of the year because they don=t want to be charged when they are not here.  Is the monthly rate cheaper than to disconnect and reconnect?  It was determined that the disconnect and reconnect rate combined would be more than the monthly rates and should be left at $200 each.

 

The Council discussed a higher rate for users outside the town limits.  Council Member Satterthwaite explained that she has a document from Mr. David Church which states that there is a tendency to charge the different amounts for different user types but he is not sure that it can be defended.  His letter states that we can=t charge a higher amount just because they are a non-resident, there has to be a specific reason.  All the user fees we collect are being paid towards the bonds, etc. It is the same, inside the town limits and outside the town limits.

 

Council Member Gray said that if it could be reasonably justified to show that it costs more to deliver the water outside the Town limits then we should charge the extra but if it can=t be shown then it doesn=t justify the extra charge.  There are water lines outside the Town limits that we do pay pump bills for.  The Council agreed that the rates should be same inside the Town limits and outside the Town limits.

 

Council Member Satterthwaite moved to accept Resolution #R06-16 with the strike out of the section which states Afees for subdivisions participating in the water system improvements or expansion projects may be negotiated@ and that the difference in the rates only applies to impact fees and not to the water rates.  Council Member House added to the motion that we need to get the definitions for the type of uses. Council Member Gray seconded the motion.  All in favor and the motion carried.

 

Resolution #R06-17, A Resolution Providing for a Moderate Income Housing Authority for land use and development in Garden City

 

Council Member Satterthwaite feels that this needs to be an ordinance not a resolution.  This will be written as an ordinance and will be back on the agenda next month.

 

ENCUMBRANCE AGREEMENT AND COVENANT TO RUN WITH THE LAND

 

Vern and JoAnn Andersen, Property located at 401 North 130 West.

 

Mr. Andersen explained that he is requesting approval to encumber 3 lots, the lot with his house, the rear lot which is approximately 3 acres and a strip in between which is, 18' x 100' long.  This request does not include the property owned by Josh Andersen.  Mr. Andersen wants to build an accessory building on the vacant property, which is in violation of the ordinance.  The building is 60' x 60' which will be used to store his lawn mowers and trucks to keep them out of the weather.  He would eventually like to use the accessory building  for a shop.  

 

Council Member Satterthwaite explained that the encumbrance runs with the land and is binding to all heirs. 

 

Council Member Gray made the motion to approve the application to encumber the described properties.  Council Member Satterthwaite seconded the motion.  All in favor and the motion carried.

 

ANNEXATION DISCUSSION/APPROVAL

 

Mayor Hansen is involved with the next two items on the agenda so he vacated his seat over to Council Member House to preside over this request. 

 

Annexation request from Norm Mecham, Randy Mecham, A. Ray Elliott, Melvin H. Larsen, NaDene H. Larsen, Ronald Hansen and Dave Bessinger

 

All the property owners included in this area have signed the petition requesting annexation.

 

Mr. Elliott hasn=t requested a zone for this area but he agreed with zoning it recreational residential.  The Council agreed that zone would be the best for this area.  All of the noticing requirements were followed and we didn=t receive any comments from adjacent property owners.  We did have a public hearing, prior to this meeting, regarding this annexation request.

 

Council Member Satterthwaite moved to accept the annexation and Resolution #R06-18.  Motion died for lack of second. 

 

Council Member Gray asked who would maintain the road above the canal.  It was determined that this is an area of negotiation between the Town and the County.  Council Member Satterthwaite said that we had a letter from the attorney regarding issues that should have been completed on Hodges Canyon road when Cherimoya was developed.  Mayor Hansen explained that the reason that hasn=t been done is that the Town has been in negotiations with Mr. Mecham & Mr. Elliott to widen the road and then take care of all the issues at the same time.  They have began working on the issues that were raised with the attorneys letter.  Mayor Hansen intends to respond to the letter.  Council Member Satterthwaite said that what we are planning to do on Hodges Road is less invasive to their project. The Council agreed. 

 

Council Member Gray made the motion to accept the annexation for Ray Elliott and Resolution #R06-18.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

SUBDIVISION DISCUSSION/APPROVAL

 

CONCEPTUAL/MASTER PLAT APPLICATIONS

 

12 lots South of Hodges Canyon Road, Mr. Ray Elliott

 

Mr. Elliott explained that as they widen the easement on Hodges Canyon Road they need to look at the impact.  As we come off the highway and widen that out we need to look at and address, the easement and placement of the proposed 3rd west.  Currently it is planned along the canal, but they propose to go along the existing easement.  He explained that they are looking at widening Hodges Canyon to the point of the intersection of Cherimoya and the existing easement.  There is a current power easement along that existing easement. 

 

Mr. Elliott also explained that as they bring water to their lots with an 8" water line they should only do one cut across the highway with a 14" line.  We need to bring the 14" line to the corner of the proposed 3rd west and deadhead it right now.  That would create a loop in Cherimoya and be available for future development.  The Town Engineer agreed with that proposal. 

 

Access to the upper lots will probably come off Hodges Canyon, but this is conceptual and may change.

 

Council Member Satterthwaite said that we don=t have 3rd west outlined in our master plan which makes it more difficult for us.  She asked about purchasing property to continue 3rd west further south.  Mr. Elliott explained that they are proposing donating 50' through their development to the Town for 3rd west.  We would have to get property from the property owner on the other side of the easement to get the entire 100'.  Mr. Rulon Crosby owns the property on the other side of the easement and his subdivision plat shows the 50' to be donated for 3rd west through his subdivision.

 

Council Member Satterthwaite said that whenever we designate or change a road in the town then we have to hold a public hearing.  Mr. Elliott said that is fine they are just trying to come up with a route that is good for the Town and their development.

 

Mr. Elliott said that this is just conceptual and they will be ready with the preliminary plat next month.

 

Council Member Gray made the motion to accept the conceptual plan as presented.  Mr. Elliott said that this is just a conceptual and no motion was needed, motion was withdrawn.

 

Council Member House turned the table back over to Mayor Hansen .

 

 

 

Subdivision West of Kimball Lane, Robert Speirs and Kent Fisher

 

Mr. Fisher explained that he is partners with Mr. Speirs in the Lighthouse Point, LLC.  Mr. Fisher explained that they have already been to the Planning & Zoning Commission with the conceptual plan. 

 

Mr. Fisher stated that they have two entrances already planned for the subdivision.  Mayor Hansen said that not all of the property in this subdivision lies within the town limits.  Mr. Fisher said that the entire project will eventually be annexed into the town limits.

 

Mayor Hansen said that he is concerned with Kimball Lane and the amount of traffic that this will create along Kimball lane and at the intersection.  Council Member Seiler said that she is concerned with them not having a trail system within this subdivision.  We are not requiring it but it is a suggested.  Mr. Fisher said that it would be difficult to provide a trail system within this subdivision.  Mayor Hansen said that we can address that issue with 3rd west because 3rd west comes through this subdivision onto Kimball Lane.

 

Mr. Fisher said that their intent is to dedicate the roads to the Town but felt that the Planning & Zoning Commission didn=t indicated that they wanted the roads.  The roads will be paved.  Mr.  Frank Smith said that they felt that the Town doesn=t really have adequate equipment to maintain the roads.  The Planning & Zoning just had a concern with the equipment and not that they didn=t want the roads.  Mayor Hansen said that we have been encouraging the developers to invest more into their development by paving and we are amenable to accept the roads.  The Council agreed that we may take them over as long as they are to the town standards.  They are not intending to do curb and gutter.  They will have a swale with gravel to take care of the drainage.

 

Council Member Seiler asked about the grade on the roads.  Mr. Fisher explained that phase I is pretty flat.  There is only one section within the subdivision that will be 12%.

 

They dug 34 test holes for the perk test. 

 

The lighthouse feature is not part of this request, it is a separate issue.

 

Mayor Hansen suggested that we bring 3rd west along the north side of the property.  Council Member Satterthwaite said that town folks are concerned with the density of the project.  Our general plan states that low density is a goal but it is not defined.  Mr. Fisher said that this project will be primarily recreation residences and not year round residents.  This will be a HOA and they will limit the amount of grass they can plant.  The HOA will also stipulate that they have to plant so many trees on a lot. 

 

Mr. Fisher plans to sell the lots for people to build their own homes.  He may build the houses in a section at the bottom of the development.

 

Mr. Fisher said that they have water shares and will negotiate the water share transfer.

 

Mr. Fisher will also cut in the second access to be used along with the first phase. 

 

Mayor Hansen said that we really need to widen Kimball Lane.  We need to draw a center line and go 50' on either side.  Council Member Seiler requested 100' through the development for 300 west.  The master plan for 300 west is to include an ATV corridor along with 300 west.

 

Council Member Satterthwaite said that another issue is parking for the recreational user.  Mr. Fisher said that the lots are big enough and with the ordinances the set backs are 30' from the rear.  That allows more driveway space so that people can park on their lot.  They will also create a parking lot for additional RV parking.  They may even take out room within the development for parking. 

 

Phase I of the subdivision is a preliminary plat.  The Council recommend to the Planning & Zoning Commission that they  address; 1) Kimball Lane (50' from center line of the pavement), 2)  3rd west (100') and 3) provide the 2nd access. 

 

Council Member Satterthwaite said that the County Commission will take the position where they will be less amenable with annexations in the future.  Mayor Hansen said that they will be foolish to do that because towns can provide the services that the county can=t.  Kimball lane is a town road but the county is plowing it.

 

Council Member Satterthwaite moved to approve the preliminary plat for Phase I of Lighthouse Point with the noted concerns, widening of Kimball Lane, 3rd west in the subdivision and the 2nd access.  These concerns will be forwarded to the Planning & Zoning Commission for their consideration.  Approve the preliminary plat with those stipulations.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Planned Unit Development East of Kimball Lane, Robert Speirs and Kent Fisher

 

Mr. Fisher will have full control in the PUD with the building of the homes. This application is for conceptual only.  The homes may have basements depending on the water table.  Parking within the PUD will have to be created.  There will not be any homes around the clubhouse.  The aggregate of all the buildings cannot be more than 30% of the entire development. This development will also be a HOA.  The roads can be maintained by the HOA or can be deeded to the Town.  If they are dedicated to the Town then they become public access.  300 west will have to run along one of the boarders of the property.  

 

Mayor Hansen explained that the life of the sewer system is good for approximately 6 more years based on projected growth.  The sewer district is preparing to do another transition line to the lagoons and build new lagoon cells.  

 

Mr. Fisher will have to allow for the 50' for Kimball lane on the west side of this property.

 

This application is just for a conceptual at this point.

 

RE-ZONE APPLICATION FOR 20 ACRES OF LAND EAST OF PICKLEVILLE PLAYHOUSE

 

Mr. Robert Spiers and Mr. Kent Fisher are requesting a zone change from Recreational Estates to a zone appropriate for a Planned Unit Development.

 

Mr. Fisher said that in reading the ordinance he doesn=t feel that it needs to be re-zoned.  The Council agreed that because this area will be a PUD it doesn=t need to be re-zoned.  A PUD is allowed in any zone, 11F-100.

 

SUBDIVISION DISCUSSION/APPROVAL

 

PRELIMINARY PLAT APPLICATIONS

 

Application to divide property along 200 north into 7 lots, Scott Bessinger

 

Council Member Satterthwaite asked if Mr. Bessinger is supplying water to the Town.  Mr. Bessinger stated that he is running the water line all the way along this property at his expense.  That is a prior agreement that we=ve had with Mr. Bessinger. 

 

Mr. Bessinger will build shops on the property and they will be built to suit.

 

Council Member Satterthwaite moved to approve the preliminary plat.  Council Member House seconded the motion.  Council Member Seiler said that the width of the road along 2nd north is 50' and it is widest.  Mr. Bessinger said that he has held all the buildings back about 6 extra feet.  He explained that the parking requirement for the buildings is in the front.  He was also required to move the building forward so that there was room in the back of the buildings.  LeGrand Johnson=s owns the property on the other side of the road and they may be able to donate more property to widen 200 north.  Mr. Bessinger said that he is not against giving a couple feet but he still needs enough room in the front of the buildings for parking.  Mr. Bessinger will work with Council Member Seiler on this issue for the road.  All in favor and the motion carried.

 

Mayor Hansen is involved with the next agenda item so he excluded himself from this discussion and vacated his seat over to Council Member House to preside over this request. 

 

 

 

 

 

Application for the Legends/Park Estates, (part of the Balsamorhiza property), a subdivision of 94 lots. This proposed phase is east of the Briderland Village Subdivision, Norm Mecham and Ray Elliott.

 

Mr. Elliott passed out the re-drawing which includes the changes from the Planning & Zoning meeting. 

 

Council Member House asked about a second access on the south side of the project.  Mr. Elliott explained that UDOT probably wont allow a 2nd access from the highway that close.  Also there is a spring that wouldn=t allow that where he is suggesting.  They discussed the second access with the Planning & Zoning Commission and decided that it will be below this project and it will be open and available right now.  It is where the big trucks went out during the highway project.  It will be platted and recorded with this plat.   They will maintain grade throughout the subdivision.  Mr. Elliott explained that the Town wants 2 accesses and UDOT wants 1 so they are requesting that the second access be an emergency access.  They will have to build turning lanes.

 

Mr. Elliott called Bear River Health and was told that if the property is zoned RE then the lots have to be 1 acre or more.  This property is zoned RR and so the lots can be less than 1 acre.  By ordinance and by the Bear River Heath District rules they are not required to be 1 acre.

 

Some of the homeowners in Bridgerland Village are concerned with the density of the subdivision and  the smaller lots.  Mr. Elliott explained that they went back over the plat and made 60-70% of all the lots 1 acre or more.  They did this for 2 reasons, it satisfies a concern the neighbors in Bridgerland Village and it will be more marketable.

 

Mr. Elliott said that the fence between them and Bridgerland Village  will be up to keep the ATV=s in or out of the 2 subdivisions.  They will stretch the fence again.  This subdivision will be a HOA and they will have the responsibility to make sure the fence is maintained.  Bridgerland Village HOA will also help maintain the fence. 

 

Mr. Ted Wilson said that Bridgerland Village sees a potential problem with ATV=s trespassing  because of the private property owners abutting an HOA trail.  They will trespass across private property to get to the forest service.  Mr. Wilson said that they will not be able to police it.  He is requesting that the ATV and walking trails be moved to within the subdivision along the side of the roads.   The walking trail system will not allow ATV=s or horses.  It will be the responsibility of the developer to take care of the trails until it is all built out.  Mr. Wilson  suggested that the walking trail be along the roadway and not along the property line.  It will be easier to maintain and will not create the issue of the HOA and the private property line.  Mr. Elliott said that they will consider that if it is a requirement of the Council, but they would like to keep the trail system along the property line.

 

 

Mr. Mike DeBloois said that to make all these issues work we need to make sure there is a boundary line that is fully recognized.  He feels that the trails need to be within the subdivision and not on the property line, which will encourage trespassing.  Having the trail against the back line invites them to go onto private property.  Mr. Elliott needs to create a real barrier with the lots.  Mr. Elliott said that they can re-think the trail line.  Mr. Wilson said that it would create better neighbors. 

 

Mr. DeBloois said that he would allow Mr. Elliott to put a permanent crash gate on his property for a second access. It is his property and he would give an easement across his property. 

 

This is a preliminary request and Mr. Elliott and Bridgerland Village can try to work out these issues between themselves. 

 

Mr. Elliott needs to come back with the changes from the Planning & Zoning Commission and the Town Council for their final review.

 

Council Member Satterthwaite said that she has a concern with the agreement, done in 2000, between Garden City and Balsamorhiza that they were going to give water rights of a defunct well to the Town. Council Member Satterthwaite said that one of the water rights is in a lapsed status.  She said that it was in a lapsed status when the agreement was made with the Town.  She feels that if they offer this for water, it=s equivalent to a bad check.  She said that they asked for an extension on the one CFS water right so they can proof up use.  The extension was approved and the due date was 8/31/2006.   Mr. Mecham discussed this water right with the Council during July, 2006.  He is working through his engineer, for the Town to take care of these rights.

 

Council Member Satterthwaite said that if we find that the water rights were given to us we need to make sure that those rights can be proofed up.  In 1998 the rights were in lapsed status.  Mr. Mecham did go to the Water Rights Division and asked for an extension July 2, 1998 but the   action taken was that it was rejected on February 24, 2000.   So she feels that it was not a good water right that was brought to the table.  Mr. Elliott said that is one of the issues that needs to be resolved before final approval.  We need to work with them to follow through the proofing of the well.  We need to make sure that the water right trade was fair and equitable.

 

The Council discussed the issues raised by the Planning & Zoning Commission.  The open space will be at 10% by the final approval.  They did reduce the number of lots and they will make sure that by the final approval they have 10% open space.  

 

The additional 15 lots that are shown on the plat will be developed jointly with this subdivision but it will be it=s own project for the plat process.  They will apply with their own plat and get approval for their own subdivision.  They will develop the two subdivisions jointly because the want it to look uniform.

 

 

Dumpster locations will be on the final plat.  The Town Engineer is working on the numbers to determine the size of the transmission line.  They need to know if it will be a 6" or 8" line.  Some of the lots will need a booster pump.

 

The water tank will be buried as far as they can, some of it will be exposed.  Approx 25' of the tank will be buried in the hill side so the view will be less apparent.  They will also try to berm it so it is even less exposed.  Mr. Elliott said that there will still be about 20% exposure.

 

Council Member Satterthwaite said that subdivisions should be compatible and flow with the area around them.  There is nothing that states what low density is.  Mr. Elliott said that they are moving to the larger lots.

 

The names of the streets will be determined with the final plat.  The names will be from old mountain men/trappers.  The name of the subdivision is the Legends.

 

Mr. Jim Blotter said that he has worked with Mr. Elliott and he was very amenable with them to resolve the problems.  The only problem right now is the location of the trail.  One of the issues with that is allowing the public to walk right next to the back of the lots and see what is in the yards and homes.                                                                    

 

Mr. Elliott said that they will create the 2nd access and it will be platted and recorded with the final plat.  It will be put into use immediately. 

 

Council Member Gray said that there are a lot of issues don=t deal with the Council that Mr. Elliott and the Bridgerland HOA need to work out to stay good neighbors.  They can work on the trail issues.

 

Council Member Gray made the motion to accept the preliminary plat for the Legends with the stipulations and concerns from the Planning & Zoning Commission.  He also suggests that the property owner meet and work out issues with the neighboring property owners.   We also need a letter from Bear Lake Health department.  We need to write a letter to the Health Department verifying that the property is zoned RR.  The Health Department will then write a letter to the Town approving the subdivision.  We also need to follow up on the water rights issues.  Council Member Seiler seconded the motion.  Council Member Satterthwaite said that her exception to the motion is that the way the road is outlined because the main access and the 2nd access are one in the same.  Mr. Mike Debloois said that he will allow an emergency only crash gate and allow an emergency access across his property to take care of the second access issue.  All in favor and the motion carried.

 

FINAL PLAT APPLICATIONS

 

Phase III of the Cottages Planned Unit Development.  9 lots North of Blue Water Beach.  Norm Mecham and Ray Elliott

 

Mr. Elliott explained that this phase will complete the subdivision for the Cottages.   There were no concerns from the Town Attorney.  Sunrise Engineering didn=t have a concern for this phase.

 

There will be no more lots in this project.  This plat has one less lot than was shown on the master plan for the Cottages.  It was eliminated to make more room for parking.

 

Council Member Satterthwaite made the motion to accept the final plat for Phase III of the

Cottages.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

AMENDED PLAT

 

Amendment to Phase I and II of the Cottage, to delete lots and add common area.  Norm Mecham and Ray Elliott

 

Mr. Elliott explained that they need to amend the plat to put property lines where they actually are on the ground.  The lot numbers are the same but the property descriptions will change. 

Every property owner will have to sign the plat.  It is their responsibility and they will take care of it prior to final recording.   The call out, which was a concern of the Town Engineer, has been changed on the Mylar.  The drainage calculations have also been corrected.

 

Council Member Satterthwaite moved to approve the amended plat of Phase I and II of the Cottages to meet lots and add common areas and to address the concerns of the Town Attorney.  Council Member Gray seconded the motion.  All in favor and the motion carried. 

 

Council Member House turned the table back over to Mayor Hansen.

 

JULY 1, 2005 - JUNE 30, 2006 AUDIT REVIEW, Gary Teuscher

 

Mr. Teuscher explained that this is the audit of June 30, 2006.  There are new things in this audit that hasn=t been required in previous years.  Mr. Teuscher  went over the audit for the Council.  He explained that the status of the Town is really good as of June 2006, our net assets have increased.

 

Council Member Satterthwaite said that she is concerned about the small staff and the internal checks and balances to make sure that the people are protected that deal with the money.  Is it the opinion of Mr. Teuscher that the daily receipting is being handled correctly?  Mr. Teuscher said that as far as he can tell there is no problem.  He said that the Council needs to review the bank reconciliation and watch the balances of the bank statements.  Mr. Teuscher said that in all their work and checking everything that they do he can=t see anything that would indicate a problem.  There are no red flags in our accounting to indicate that there could be a problem. 

 

Mr. Teuscher explained that this is a yellow book audit and everything in our audit is what is required for the yellow book audit.

 

Council Member Satterthwaite said that she worked on a State Auditing Committee where they set guidelines and one of the main requirements is that people work from separate locked cash boxes.  Mr. Teuscher said that is difficult to do and we are lucky to have 2 people in the office because it hasn=t always been that way.  That makes it so there are checks and balances.  The Council is ultimately responsible for the internal control and the checks and balances.

 

Council Member Satterthwaite said that we have no guidelines relative to money handling in the Town.  We have the accounting manual that is put out by the State.  We want good checks and balances in place.  Mr. Teuscher said that he has not seen anything to be concerned about but the Council should look at the paperwork.

 

Council Member Satterthwaite asked about putting all the checks on a cumulative list so the Council can initial that list and not each voucher.  Mr. Teuscher said that he understands that it is time consuming to sign every voucher but it is the best way.  If it is on a list then you may not see the supporting documents that go with the voucher.  It also helps the Council catch things that maybe shouldn=t be paid or should be called on.

 

Mr. Teuscher gave Mayor Hansen the letters to the Council that needs to be signed. 

 

Council Member House made the motion to accept the audit for July 1, 2005 - June 30, 2006 as presented.  Council Member Satterthwaite seconded the motion.  All in favor and the motion carried.

 

SWAN SPRING CULINARY WATER PROJECT

 

Mayor Hansen explained that the plats are done and they are in the process of getting signatures for them.  Mr. Linford is working with the health dept. to get the approval for the sewer for the lots that are in the subdivision.  He feels that we are still on track with this project.

 

Review of proposed letter to be sent to all water users with the January Billing

 

Council Member Satterthwaite worked on a letter to the water users regarding the increase of the water rates.  It is important for everyone to realize that this is not our choice.  The Council reviewed the proposed letter.  The Council agreed to have this sent out with the January water billings.

 

 

DISCUSSION/APPROVAL OF BID BREAKDOWN FOR THE ROAD IMPACT FEE STUDY

 

Council Member Satterthwaite said that it is so technical but it would also leave us so vulnerable.  The study is a necessary thing that we need to do to justify the impact fees that we charge for roads. 

Council Member Seiler said that we need to do this if we want to get our impact fees where they need to be, we need to do it so we are not liable.  The study will pay for itself. 

 

Council Member House made the motion to accept the bid from Sunrise Engineering for the Roadway Impact Fee Study to be completed for $15,392. Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

REVIEW OF ELKS RIDGE PHASE I LETTER OF CREDIT

                                                                                

Mr. Smith gave an update on his project, Rocky Mountain Power has installed all the boxes with the exception of  the main box by the pump house.  All the j-boxes are in, the transformers are in, and the wires are all pulled.  The pumps for the pumphouse are installed and Mr. Troy Petersen will be pouring the floor soon.  The pumphouse will be built around the pumps.  The pressure reducer valve has been purchased and that will be coming within the next 2 weeks.  That hasn=t been paid for yet.  Once that has been installed we will be able to pump the water. 

 

Mr. Smith said that the Town owes him $60,000 for the tank and that should be more than enough to pay for what hasn=t been completed, so there really isn=t an exposure to the Town if it doesn=t get finished. 

 

The street signs are not up yet. Mr. Smith will use the new blue signs like what we have around Town.

 

Mr. Smith has all the figures from the banks and engineers for Phase II so the letter of credit for that phase will be coming soon.  The irrevokable letter of credit for that one will be about double phase I.

 

Mr. Smith said that Phase I will be ready for building permits as soon as the Town approves it.  Mayor Hansen said that we need to see water in the tank first and the power needs to be completed.  Mr. Smith also needs to disinfect the water lines with a high quantity of chlorine in the tank and run it down through the lines.

 

Mr. Smith can=t see anyone trying to start building during the winter, they should wait until the spring.

 

Council Member Satterthwaite said that we need to look at our process for performance bonds.  The letter of credit should be 3 months further beyond what the developer states how long it will take to complete the improvements.


Mayor Hansen said that we should be okay with not requiring an extension on the letter of credit because we have a commitment to Mr. Smith  for our part of the tank.

 

DISCUSSION/APPROVAL OF CONSOLIDATED CAPITAL IMPROVEMENT LIST

 

Council Member Satterthwaite moved to approve the Capital Improvement List and forward to it BRAG.  Council Member House seconded the motion.  All in favor and the motion carried.

 

BUILDING INSPECTOR REPORT

 

Review of Letter from Rich County Commissioners stating that they will be creating their own Building Inspection Program

 

Mayor Hansen read the letter from the Rich County Commissioners.  They will no longer be participating with Garden City in the Building Inspection Program.  They have advertised for the open position.  Mayor Hansen explained that he is not sure why they posted the position because it was discussed that we would split the inspectors when it came to this point.  Mr. Cannon asked how much to charge the County if they call and request them to do an inspection.  The Council agreed that we need to look back through the records to see what Cache County charged us and we will charge accordingly.

 

Mayor Hansen thanked the Inspectors for the job that they have done.  They have brought the program up to the standards where it is now.

 

Mr. Cannon  said that they have been going through old permits and they have found that people have been living in their homes for 4-5 years and they have been paying taxes on vacant ground.  The Inspectors do contact the County Assessor to let them know these situations so they can update their records.

 

Ms. Ruth Smith came to our office today for training.  She took about 75% of the County records with her.

 

In 2006, to date, the Building Inspectors have issued 101 permits for Garden City and 97 for the County.

 

Mr. Cannon asked what all are we required to send to Rich County.   The Council agreed that it is up to the County to come to the Town to talk about the transition.  Council Member Satterthwaite said that when we turn over the records to the County they should give us a release stating that they accept the documents and release us from any liability of what will happen on the job in the future.  There is a liability issue there.  We need to keep a copy of the records.   We should get comments from our Attorney regarding turning over the documents and also the transition.   Council Member Seiler said that we should respond to the letter from the Commissioners.  Mayor Hansen can sign the letter and add comments from the attorney.

 

Mayor Hansen said that we need to be cordial with them, we don=t want this to be a riff that tears the Town from the County.  We need to be helpful anyway we can. 

 

Council Member House made motion to go into executive session at 9:50 p.m. to discuss employees.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

This executive session is to deal with the same issue.  We have 2 fine individuals working for us.  The building permits will continue to increase in the town.  Mr. Hobbs is really swamped and we have a new treatment facility coming on line next summer.  We have talked we felt like if we were to let one Inspector go we would probably give Mr. Cannon the first option to stay because he was the senior member.  Mr. Abraham is willing to work with Mr. Hobbs to help him.  Mr. Abraham  is willing to do double duty and work with Mr. Cannon or Mr. Hobbs, which ever one needs the help. 

 

Mayor Hansen would recommend that we keep Mr. Abraham and he can fill in for either job.  The building inspection program generated about $140,000 last year.  We can justify to pay Mr. Abraham from the building inspection fund. 

 

Mr. Abraham and Mr. Hobbs can get certified for the treatment plant.  Mr. Abraham should also be encouraged to finish his building inspection certifications.  Council Member Satterthwaite said that we should make that a condition to keep Mr. Abraham, that he get his certifications.  The Council supported the decision to keep Mr. Abraham.  The Clerk asked the Council to suggest projects that Mr. Abraham could be doing right now because there is some down time during the winter.  We need to keep them busy with projects. 

 

We need to do better on road inspections before we sign off on them.

 

Council Member Satterthwaite moved to closed the Executive Session at 10:00 p.m.

 

The Council agreed that nothing will really change with the Building Inspectors at this time.

 

EMPLOYEE HANDBOOK REVIEW/DISCUSSION

 

Council Member Satterthwaite had some changes that she suggested.  We need job descriptions a classification plan and a compensation plan.  We need hiring protocol plans and annual evaluations.  We will make the changes to the handbook and have it ready for next months agenda.

 

MISCELLANEOUS ITEMS

 

New Library/Town Hall

 

We will send this for bid and request an RFP for the designs of the building.

 

Discussion regarding expiring terms of the Planning & Zoning Commission and the Board of Adjustments

 

The terms for Commission Member Bills and Commission Member Smith will expire the end of December.  Mayor Hansen will ask them to commit to another term.  The Council agreed.

 

Board Member Reilly will be doing some work in Salt Lake City and they are living there now.  Mr. Reilly is okay if we want to replace him on the Board of Adjustments but he would try to work his schedule so he can stay on the Board of Adjustments.  The Council agreed that he is fair and understanding of what the rules are. 

 

He has kept his residency here, but he is not living here full time right now so that is probably the answer and we will replace him.

 

Review of lease options for the Wheeler/CAT backhoe

 

We pay the lease each year and they exchange the backhoe every 3 years. We can stay with the current backhoe for $6,400 or go with the new backhoe for $8,600.  The Council agreed to stay with the current backhoe as long as Mr. Hobbs is okay with that.  Mayor Hansen will talk with Mr. Hobbs.

 

Council Member House made the motion to remain with the current lease of  the CAT 420 D.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

Review of Letter from C. Richard Henriksen, Jr., who is representing Brad and Jayne Davis, regarding work to be done on Hodges Canyon Road

 

Mayor Hansen read the letter from Mr. Henriksen.  Mayor Hansen went over the items on the list and explained that they are working to complete the items.   Mayor Hansen will respond to the letter and explain to them that they are working on increasing the safety of the road.  They will end up in a better position than what they had before.

 

Mr. Hobbs cut the speed bump on Hodges Canyon Road and was going replace it with some cold patch.  He hasn=t found any cold patch so he can take out the speed bump and replace it with gravel and that will freeze up fine for the winter.  If we don=t take it out it will be a bad thing for the new plow.

 

Buttercup SID request to dismiss the finance charge for Mr. Schnek, lot 23 of the Estates

 

Mr. Schnek contact the Town Office and explained that he has been serving in Iraq in the military until last week.  He didn=t know that he had an assessment to pay.  He is willing to pay the assessment but is requesting that we dismiss the finance charge. 

 

 

The bank is the entity that assesses the finance charge so he would have to get approval from the bank to dismiss the finance charge.  We have sympathy for him but we don=t have the authority to do that.  If we could we would.  We will direct him to talk to the bank.

 

Annexation of Swan Creek Subdivision

 

We received a call from Scott Crosby stating that they are interested in annexing Swan Creek Village into the town limits.  The Council agreed that they need to submit a petition requesting annexation.  This will be a huge project.

 

If this is pursued we will try to take all the lake shore property including the Marina, along with everything up to and including Swan Creek. 

 

Council Member House said that it would have to be allowed by the County.  Mayor Hansen stated that there is a State Board that would review it if the County denies the request.

 

Swan Creek has a lot of water rights that they will be willing to negotiate with.

 

COUNCIL MEMBER REPORTS

 

Council Member Seiler discussed the plan submitted by Mr. Nate Parry for his property on 200 north.  The exit going onto Bear Lake Blvd will be gone.  Mayor Hansen will talk with Mr. Parry and get a date for the completion of his plan.   

 

Council Member Seiler will start working on a road standard and a road transportation plan. 

 

We have received the GPS equipment. 

 

Council Member Satterthwaite brought up the letter from Mr. Hunsiker.  It is a proposal to the Council.  Mr. Hunsiker said that in regard to the proposal he feels that it would be very valuable to the Town.  He is suggesting that he can help set up a Municipal Court and also help get our ordinances in order.  Council Member Satterthwaite said that to establish a court would be premature because we don=t have the ordinances in place.  We need to have ordinances in place that impose a penalty.  Discussion ensued regarding a court, justice of the peace, etc.

 

Council Member Satterthwaite said that it is admirable that Mr. Hunsiker wants to take on these issues but she feels that we should get a traffic ordinance in place.  She also feels that we would have to open the budget to allow Mr. Hunsiker to take on the task of the ordinances.  He is requesting $500 per month.  Mr. Hunsiker  said that he could find the places where the ordinances may not be consistent or may be in conflict.  The process may take 9 months.  Costs out of his pocket would be about $200 - $500 per month not counting his time.  Council Member House said that we appreciate what Mr. Hunsiker has done, a court would be nice as well as the ordinances being revised, but it is a matter of money.

 

Council Member House said that the lighthouse issue will be coming before the Planning & Zoning Commission and possibly the Board of Adjustments.  The proposal is for a 100' lighthouse, which would have a light on the top. 

 

PAYMENT VOUCHERS

 

The Council reviewed and signed the payment vouchers and the checks.

 

Council Member Gray made the motion to approve the checks and vouchers as presented.  Council Member House seconded the motion.  All in favor and the motion carried.

 

ADJOURNMENT

 

There being no further business to be discussed Council Member Satterthwaite made the motion to adjourn the meeting at 12:00 a.m.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 

APPROVED:                                               Attest:

 

 

 

 

______________________________________      _________________________________

Kenneth Hansen, Mayor                                 Town Clerk