MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The
Garden City Town Council held their regularly scheduled meeting on March 8,
2007 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
Brian
House
Excused:
Larry
Gray
Others
Present:
Kathy Hislop Anita
Weston
John Abraham Jared
Seamons
LaVal Jensen Brian
Leishman
Jennifer Bair Ralph
Anderson
Elaine Moffit Norm
Ancerson
Kent Fisher Hyrum
Lantz
Jennifer Bair Elaine
Moffit
Frank Smith Tony
Johnson
Josh Welch Bryon
Lyon
Dennis Bullock David Stringham
Ryan
Rogers
APPROVAL OF THE MINUTES
Public Hearing held on February 8, 2007 at 5:10 p.m.
Council
Member House made the motion to accept the minutes as prepared. Council Member Satterthwaite seconded the
motion. All in favor and the motion
carried.
Executive Session held on February 8, 2007 at 4:10 p.m.
Council
Member Satterthwaite moved to approve the minutes and return the copies to the
clerk to destroy. Council Member House
seconded the motion. All in favor and
the motion carried.
Special Meeting held on February 15, 2007
Council
Member Satterthwaite moved to approve as prepared. Council Member Seiler seconded the motion. All in favor and the motion carried.
Regular Session held on February 8, 2007
Council
Member Seiler moved to approve. Council
Member Satterthwaite seconded the motion.
All in favor and the motion carried.
Executive Session held on February 8, 2007 at 7:50 p.m.
Council
Member House made the motion to accept
the executive session minutes for Ralph Cannon but add the resignation letter
with them. Council Member Satterthwaite
seconded the motion. All in favor and
the motion carried.
DISCUSSION/APPROVAL OF CHILD ABUSE PREVENTION MONTH PROCLAMATION
The
Council agreed to move this agenda item for the next discussion.
Ms.
Jennifer Bair said that April is child abuse prevention month. She gave an overview of what they do for
families and children. Their main goal
is to protect the families.
Mayor
Hansen said that abuse of children is terrible. They are innocent and they really rely on us as grown-up=s for their protection. He said that he has no problem signing the
proclamation and supporting their efforts.
Council
Member House made the motion to accept the Proclamation declaring April as
Child Abuse Prevention month. Council
Member Satterthwaite seconded the motion.
All in favor and the motion carried.
Mayor
Hansen signed the Proclamation.
BUILDING INSPECTOR REPORT
Mr.
Abraham explained that we only had 2 building permits for February, one was a
residence and one was an office add on.
The valuation was $302,855. The
total permit fees were $2,335, which does not including the fire fees and the
road and park fees.
Mr.
Abraham has passed his test=s and now he is fully certified residential.
SWAN SPRING CULINARY WATER PROJECT/TREATMENT PLANT UPDATE
Mayor
Hansen explained that we are in the process with everything on this
project. He went to the Rich County
Planning & Zoning Commission with the preliminary plan for the proposed
Peterson Subdivision. We still have a
ton of hurdles to get over, but we are making progress. We will keep working diligently. We are dealing with the road and sewer
issues. We are trying to make the
deadline for March or April to get the bids out.
BUSINESS LICENSE DISCUSSION/APPROVAL
A&A Storage, Mr. Ralph
Anderson and Mr. Norm Anderson
Mr.
Ralph Anderson explained that the entity is an LLC. They were just annexed into the Town limits and therefore need a
Town business license.
Mr.
Ralph Anderson asked about getting water to his property. They would like a water connection and also
would like fire hydrants in the vacinity.
Mayor Hansen explained that Mr. Ted Wilson has asked for water to be
extended to his project which is across the highway from where they are
now. We will bring the water to that
point. When Mr. Anderson is ready to connect to the water line they will need
to bring the water across the highway to the main line. Mayor Hansen said that we will be installing
hydrants on the other side of the road as we extend the water line.
Mr.
Anderson explained that in the future they may want to build a couple of
residential buildings. Mayor Hansen
said that they are allowed residential in the commercial zone but they will
have to follow the residential requirements and the architectural standards.
Council
Member House made the motion to accept the business license for A&A Storage
at 250 S 750 W. Council Member Satterthwaite seconded the
motion. All in favor and the motion
carried.
Eagle Rock RV (Traveland RV Park), Jay Davis, Brian Leishman, Scott
Jaggi, and Hyrum Lantz
Mr.
Brian Leishman explained that they have changed the name of the park to
Traveland RV Park. Mr. Hyrum Lantz said
that the park is in the process of being purchased by Mr. Leishman.
There
won=t be anyone living on site but they are
looking for someone to run the park, such as a couple to move a motor home
onsite and be responsible for the day to day operations.
Council
Member Satterthwaite moved to approve the change of name and business license
application contingent on Mr. Leishman providing the contact person
information. Mr. Leishman said that Mr.
Scott Jaggi will be the contact and he will get the remaining information to
the office. Council Member House
seconded the motion. All in favor and
the motion carried.
If
the sale does not go through they should get back to us.
Mr.
Hyrum Lantz asked about the Conditional Use Permit requirements that remain to
be taken care of. He explained that
they have allocated some money to finish the list but they would like to do the
3 pole fence just across the front of the property and not around the entire
property. Mayor Hansen said that the
Planning & Zoning Commission has the authority of the fence issue so they
will need to get approval from them to change that requirement. Mr. Lantz said that he didn=t want to install the fence all the way down
the north side so he will go to Planning & Zoning Commission for that
request.
Mr.
Lantz stated that he thought the water transfer was already taken care of but
he will work with Mr. Terry Allen to get the shares transferred as soon as
possible.
Lutz Construction and Lakeview Cabins
There
is not anyone here to represent Lutz Construction or Lakeview Cabins. Mayor Hansen said that there are rocks set
up which show the driveway. Council
Member Seiler said that we need a letter from Mr. Lutz giving them approval to
use his property the for their equipment.
Council
Member Seiler said that the point was to decide if we are going to approve the
license tonight or not and we still don=t have anyone here tonight to talk to us. The concerns haven=t been addressed for the business license.
Council
Member Seiler said that the original business license didn=t include a parking lot for the heavy
equipment there. Mayor Hansen said that
they were given permission to park the construction equipment there when they
came in for approval for their business license.
Council
Member Satterthwaite said that they need to be here, they need to know what the
concerns are and we need to work through the situation.
Council
Member Satterthwaite moved that this stay in limbo until the next meeting and they
are here or their licence may be pulled because of this. Mayor Hansen said that he will talk to them
one more time to try to resolve this issue.
Both Lutz Construction and Lakeview Cabin will either be here for the
next meeting or their license will be pulled,.
Council Member House seconded the motion. All in favor and the motion carried.
LIMITED ON-SITE LIQUOR LICENSE
Bodean=s
BBQ & More, Jim & Cindy McLaughlin
There
is no one here in attendance for this item so we skipped this.
ORDINANCE DISCUSSION/APPROVAL
Ordinance #07-07, An Ordinance providing for Personnel Policies and
Procedures. A new chapter, Title 3 -
Municipal Government, Chapter 3-600 Personnel.
Council
Member House said that we need to change some of wording in the document,
Unlawful Harassment. We need to change
the handbook reference from the state to Garden City.
Council
Member Satterthwaite will work on the Unlawful Harassment handbook to convert
it to be our own handbook which will be in addition to the ordinance, not a
part of the ordinance.
Council
Member Satterthwaite said that we still need to put together a resolution for
many of the personnel issues.
Council
Member Seiler moved to accept Ordinance #07-07 establishing Personnel Policies
and Procedures. Council Member House
seconded the motion. All in favor and
the motion carried.
Ordinance #07-08, An Ordinance to establish regulations for the
creation and passing of Ordinance and Resolutions which govern the Town of
Garden City. An update to Title
3-Municipal Government, Chapter 3-300 Legislation
We
held a public hearing prior to this meeting to discuss this ordinance.
Council
Member Satterthwaite moved to approve Ordinance #07-08, an Ordinance to
establish regulations for the creation and passing of Ordinances and
Resolutions which govern the Town of Garden City. Council Member House seconded the motion. All in favor and the motion carried.
Ordinance #07B09, An Ordinance #07-09, An Ordinance of the Town of Garden City, Utah,
stating the Administrative Code Enforcement Program.
Council
Member Satterthwaite explained that this ordinance is a draft taken from 3
other cities. Since we can=t get law enforcement to deal with enforcing
our ordinance this is our only course of action. It gives us the remedies to deal with this.
Council
Member Satterthwaite recommended that the Council not deal with this ordinance
tonight because it is so cumbersome.
The Council should take it home and read it and we will review it next
month. She is working on getting more
information from the League and from BRAG.
Council
Member Satterthwaite moved to continue this until our April meeting. We should have the Attorney look at this
ordinance once we get it to where we want it to say. We need a way to enforce our ordinances. Council Member House seconded the
motion. Council Member Satterthwaite
added to the motion to remind the Council to
bring their copies of the ordinance because another copy will not be
furnished. All in favor and the motion
carried.
Review of proposed ordinance outlining the Adoption of State Code
Mayor
Hansen asked if we need to adopt this ordinance even though we are subject to
the State Code. Council Member
Satterthwaite said that we must have this on the records in the event that we
ever have our own police force. This is a criminal code that we would always
have available to us. Th Sheriff=s Department and the State Parks Department
writes under the state code.
This
would be in a new section in the ordinances along with ordinance #07-09. We should send this to the Town Attorney
also and ask him if we can adopt this and have it on our books without our own
police force.
Council
Member House made the motion to send the proposed ordinance to adopt the state
criminal code to public hearing.
Council Member Seiler seconded the motion. All in favor and the motion carried.
Review of Proposed Ordinance regarding Governments Records Access and
Management
Council
Member Satterthwaite said that she took this from the state statute. It outlines the types of records that fall
under the various categories, private, controlled or protected. She took only those parts that would apply
to us.
The
Council discussed the different type of records and the classifications.
Council
Member Satterthwaite moved to reformat and send to public hearing. Council Member House seconded the
motion. All in favor and the motion
carried.
RESOLUTION DISCUSSION/APPROVAL
Resolution #07-02, A Resolution regarding classification of records
under the GRAMA Law
The
resolution will be reformatted and presented during the next meeting for
approval.
SUBDIVISION DISCUSSION/APPROVAL
Discussion regarding subdivision layout, streets and lots, of 6 lots
east of Blue Water Beach and North of Ideal Beach Resort, Newll Daines.
Mr.
Daines is not in attendance. He needs
to come to this Board for clarification of what he wants to do and he should
bring a survey with him.
PLANNED UNIT DEVELOPMENT APPROVAL AND/OR CONCEPTUAL DISCUSSION
Final Approval for Phase II of Lockwood, Dennis Bullock
Mr.
Bullock explained that they met with the Planning & Zoning Commission and
received final approval for phase 2.
Mr. Lyon showed where the pool will go, in phase 1, and explained that
it will be installed during phase 2.
Council Member Seiler said that they were supposed to say in what phase
they were going to include the pool.
Mr. Bullock said that it will be located in phase 1 but constructed in
the second phase. It will be included
in the letter of credit. It will be in
the common area of phase 1.
Mr.
Lyon spoke with the County Recorder and has made changes to the road names per
her request. They will also change the
designation for the open space/common area.
Council
Member Satterthwaite asked about fencing for the project along the canal.
Mr.
Bullock transferred enough water for phase 1 and some for phase 2. Mr. Linford needs to do the calculations
for the water shares for the remaining transfer for phase 2. They will be on a bulk master meter. Mr. Bullock stated that they will charge the
home owners the same rate as we charge for the water. It will all go through the HOA.
Mr.
Bullock will also provide a copy of the recording for the property in question
with the Cooks which is the access onto 3rd west.
Everything
in this development will be private, such as the streets, etc. They are looking at providing RV parking
within the development.
Council
Member House made the motion to approve the final plat for Lockwood phase 2
with the water share issues being addressed with the Town and the engineers,
the open space designation being changed on the plat to meet the state
requirements, a letter of credit for the amenities and a copy of the recording
for 3rd west. Council Member
Satterthwaite seconded the motion. All
in favor and the motion carried.
Discussion regarding concept and design of proposed 49-unit affordable
housing project on 9 acres at approximately 300 N 300 W., Tony Johnson
Mr.
Johnson explained that he has done a lot of affordable housing projects in
Utah. He explained his background with
affordable housing and said that he would like to construct some affordable
housing in Garden City. He will work
with the Federal Government for some tax credits that will help with this
project.
The
units are being built for rental units but could eventually be sold. The developer will maintain the property.
Mr.
Johnson will have to do a market study to determine if there is a need and how
many units this area can handle. They will build 49 units but the appraisers
market study will determine how many of the units will be affordable
housing. Only the number of units they state
will be designated as affordable housing, the remaining will be market rate
units. If they are not chosen for the
affordable housing allocations then they will just rent the units at the
current market rate.
Mr.
Johnson explained the layout of the buildings.
They will provide a community center within their project. The commercial area will be open for what
the demand is. Council Member Seiler
said that they will need to address the parking issue.
This
is just information from Mr. Johnson for the Council. He will start the PUD process with the Planning & Zoning.
Conceptual PUD discussion for 20 acres north of Elk=s Ridge.
This will include approximately 100 town homes, Ryan Rogers, Frank
Smith, Dennis Bullock
Mr.
Frank Smith & Mr. Dennis Bullock own this property for the proposed
development. Mr. Rogers would like to
develop 100 luxury town homes on this 20 acre parcel. Every lot will have nice views of the lake. They will have a club house with an indoor
pool. The have approximately 50% open
space.
Council
Member Seiler said that she is concerned with the fire hazard up there and said
that we really need to consider that.
They need to think about what type of building material they will use to
construct the buildings because of the fire issues. Mayor Hansen said that we should have the Planning & Zoning
Commission look at that a little more.
Council Member Seiler said that they need to keep this in mind when they
are putting this project together.
This
discussion right now is just a concept and they will go to the Planning &
Zoning Commission to start the process.
Conceptual PUD discussion for development of a PUD and commercial area
west of Canyon Cove, along Logan Canyon Rd., Brian Leishman
Mr.
Leishman explained the project. They
have 2 commercial pads and 80 townhomes.
They will have a club house.
They will have 40% open space and 28% buildings. They will work on the 2nd
access. Mr. Leishman will work to get
access through the back of the project.
Mayor
Hansen said that they really need to look at drainage. We want the drainage contained on site,
within the development. Mr. Leishman
said that they have planned for detention sites onsite.
Mayor
Hansen explained the water transfer process that Mr. Leishman will have to
follow to get water connections for his project. He will need to work with the Town Engineer for the water
transfer. Mr. Leishman said that he
doesn=t have water to transfer so he will have to
pay the fair value for those water shares.
Conceptual PUD discussion for development on 14 acres along Highway 89
south of Chevron, Bryce Huefner, Jennifer Huefner and Jared Larson
Mr.
Frank Smith is representing the developers for this project. He explained the planned accesses for this
project, which they will plan to come off 1st west. Most of these apartments will be
rented. It will be mixed uses with most
of the units being rented and a few being sold.
Mr.
Smith showed some of the types of building material that they will be using for
this project. The materials that they
are using will help keep the costs down and help with the affordable housing.
They want to keep a nice building that looks good without cutting on quality.
This
is just a conceptual discussion and they will start the process with the
Planning & Zoning Commission.
DISCUSSION REGARDING THE GENERAL PLAN & NEW COMMITTEE
Mayor
Hansen passed out the flow chart which explains the process for each entity and
how they will help with the update for the General Plan. Mr. Frank Smith suggested that each Planning
& Zoning Commission Member should be over a group of the members of the new
committee.
The
meeting with the new committee will be held on the 14th at Mitch=s Grill from 6 - 8. We will start the meeting
with everyone to educate them on the process, and also tell them what their
specific assignment is. They we will
break out in smaller groups to make suggestions of the questions that will be
asked.
There
are a few of the committee members that will not be here on the 14th
so they will need to be made aware of what needs to be done.
UPDATE OF THE PROGRESS FOR THE NEW LIBRARY/TOWN HALL
Review of Appraisal for the current Town Hall
We
are still waiting for the appraisal so this will be on the agenda for the April
meeting.
TRANSPORTATION BOARD REPORT/DISCUSSION
The New Map Approval
The
Council discussed the local roads in Garden City and the new proposed
roads. Council Member Seiler has the
new map with 3rd west on it.
The Planning & Zoning Commission approved the map of 3rd
west with the change to 2 of the roads.
We need to have the completed map by April 4th. All the ajacent property owners will receive
a letter explaining 3rd west, that it will go through or close to
their property, and inviting them to a public hearing. We will also start the 3rd west
naming contest that night.
Mayor
Hansen said that he hasn=t heard any opposition to 3rd west. He explained that to this point every
property owner has donated their property for 3rd west because they
realize that everyone will benefit from the project. We haven=t had
to pay for any property for 3rd west. When people donate property we should give them a letter that
they can use for a tax credit.
The
Council agreed to have Mr. Linford include the local roads on the plat and have
it ready for the meeting on the 4th.
Council
Member Seiler moved to approve the new north/south corridor with the local
roads as approved tonight on the map and send it onto the public hearing on
April 4th. Council Member
Satterthwaite seconded the motion. All
in favor and the motion carried.
Trees on Hodges Canyon
The
trees are down on Hodges Canyon and everyone has until March 20th to
take as much wood as they want. After
March 20th the remaining wood will be burned.
Top Soil from 3rd West
Legrand
Johnson Construction is only willing to move the top soil from where it is to
their property but they won=t pay for it or give us anything in exchange. We do have contractors interested in some of the dirt so Council
Member Seiler will send a letter to each of the contractors and ask them if
they are interested and how much they will they pay per yard. We will sell it to the highest bidder. We need to let them know that the Town has
no obligation if someone takes some on their own. We will also need them to give us an estimate of how much is
there. We will not give them a time
limit on when they have to get it removed.
Mayor
Hansen suggested that we could trade the top soil in exchange for doing some
hauling for the Town.
Phone Box on 3rd West
Council
Member Seiler talked with Mr. Howard Pope and they may be able to move the
electrical box on the 3rd west entrance at little or no cost.
Sidewalk Policy
Council
Member Seiler would like some feedback on drafting a sidewalk policy. There are so many possibilities on how we
can handle sidewalks or walkways in town that it is overwhelming. The community should be a walkable community
and have the walkways interconnecting within developments and who will pay for
what. Council Member House said that in
most cases it should be the property owners responsibility. Mayor Hansen said that the construction of
the sidewalks don=t
really concern him as much as the maintenance.
Sidewalks are a constant maintenance issue.
Council
Member Satterthwaite said that we may have difficulty if we require it in all
new developments if we don=t take a position throughout the Town.
In some areas it is not conducive.
It is not only a maintenance issue it is a liability issue. Do we plow them in the winter time, do we
keep them open in the winter time? It
is a huge issue and determine what our needs are here.
The Centennial Sign
Council
Member Seiler asked where we can place that sign. Some of the suggestions were to put it at the park going down to
the boardwalk, on either end of the bikepath, on the beginning of 3rd
west, or on the property where we are going to put the welcome sign. There are a lot of choices.
EMPLOYEE HANDBOOK REVIEW/DISCUSSION
Section 5, Leaves
Council
Member Satterthwaite said that if the employees are going to work a 40 hour
work week then they should be entitled to compensation based on those hours but
if they work less than 40 hours they should only be compensated
accordingly. There was extensive
conversation regarding flexing time, time compensated for time worked, and how
to deal with the employees leave and time worked. Mayor Hansen will work further on this to answer some of the
questions and it will be back on the agenda next month.
Discussion/Approval of Conflict of Interest Declaration
The
Council discussed adding a signature line for the employee/Board Member to
sign. We also need to give them a
signature and a place for them to sign that they received the completed and
signed document.
Discussion/Approval of Conflict of Interest Policy
The
Council discussion some changes that they wanted made to the policy.
Council
Member House made the motion to accept the Conflict of Interest Declaration and
the Conflict of Interest Policy with the amendments that was discussed. Council Member Satterthwaite seconded the
motion. All in favor and the motion
carried.
MISCELLANEOUS ITEMS
Appointment of New Board of Adjustment Member
Mayor
Hansen said that he has talked to Mr. Scott Tolentino about serving on the
Board of Adjustments. Mr. Tolentino
agreed to serve so Mayor Hansen is presenting his name for approval.
Council
Member Satterthwaite moved to accept Mr. Tolentino as Mayor Hansen=s recommendation to the Board of
Adjustments. Council Member House
seconded the motion. All in favor and
the motion carried.
Buttercup SID Payments
The
Clerk explained that the payment for the Buttercup SID will be due in a few
weeks and we have only collected about 50% of the payments that were due
February 28th. We are still
collecting a little bit but it looks like we may not collect enough for our
first payment. We will have to come up
with the money and lien the property.
Council Member Satterthwaite suggested that we send a letter to the
Buttercup Association reminding them of their commitment and telling them of
our concerns with the non-payments. We
just need to work through them to try to collect the payments.
EFTPS
This
is a service that the US Department of the Treasury provides to make our
monthly tax payment. They now want us
to pay it electronically through our checking account. The Council approved us to make our monthly
tax payments electronically.
COUNCIL MEMBER REPORTS
Council
Member Seiler explained the terms of the Transportation Board: Ms. Fran Thomas
is on for a 4 year term, Mr. Jim Ruggles is on for a 2 year term and Mr. Frank
Smith and Mr. Uriah Linkogle will be on for special assignments. Mr.Ray Elliott is interested in serving for
a 2 year term.
Council
Member House made the motion to approve Mr. Ray Elliott to be on that
Board. Council Member Satterthwaite
seconded the motion. All in favor and
the motion carried.
Council
Member Satterthwaite explained that she read the Subdivision Development book
published by the League. She would like
them to go to each of the Planning & Zoning Commission Members. It has some very valuable information in
it. Mayor Hansen said that if they don=t have the resource they won=t read it, They need to have the book to read
it. If we have the books here it will
show the support of the Council that they should read it. The Council agreed that we need to order the
books for the Planning & Zoning Commission and Town Council.
Council
Member Satterthwaite would like to prepare a couple of new ordinances. One on encroachments, one on the bonding
process and the other one is for the rejections of licensing or permits. We should have a process in place that gives
the staff the authority to refuse a license until the applicant provides the
correct information. She would also
like to draft an ordinance on the bidding process.
PAYMENT VOUCHERS
Council
Member House made the motion to distribute the checks as has been signed. Council Member Satterthwaite 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 10:10 p.m.
APPROVED: Attest:
____________________________________ _____________________________
Kenneth Hansen, Town
Clerk