Garden City Town Council Meeting Minutes: 2007-07-12

MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

The Garden City Town Council held their regularly scheduled meeting on July 12, 2007 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 5:00 p.m.

Council Members Present:

Kenneth Hansen, Mayor

Mike Leonhardt

Brian House

Laraine Schnetzer

Elizabeth Seiler

Others Present:

Kathy Hislop	John Abraham
Jason Linford	Anita Weston
Rod Thompson	Kent Fisher
Troy Oldham	Scott Galbraith
Brian Cannell	Kent Korgenski
Mr. Korgenski	Penny Fox
Susan Hayward
	Bobbie Coray
Rick Henderson	Cindy McLaughlin
Pat Reilly	Bryon Lyon
Tony Martineau	Randall Hansen
Laura Reilly	Richard Weber
Mrs. Weber	John Alter
Doug Thompson	Merle Spence

Public Hearing held on June 14, 2007

Council Member House made the motion to pass the minutes of the public hearing held on June 14, 2007 as we have before us. Council Member Leonhardt seconded the motion. A roll call vote was taken: Council Member Leonhardt, for; Council Member House, for; Council Member Schnetzer, for; Council Member Seiler, abstained because she wasn=t in attendance. The motion carried.

Emergency Town Council Meeting held on July 3, 2007

Council Member House made the motion to accept the minutes of the emergency Town Council meeting held on July 3, 2007 concerning the fire restrictions. Council Member Schnetzer seconded the motion. A roll call vote was taken: Council Member Seiler, for; Council Member House, for; Council Member Schnetzer, for; Council Member Leonhardt, abstained because he wasn=t in attendance. The motion carried.

BUILDING INSPECTOR REPORT

Mr. Abraham explained that he just did the quarterly reports and for the first quarter of the year we had a total of $24,000 and the second quarter was at approximately $58,000. At the end of June he has written 52 permits for the year and he already has written 7 in July. The permits are at about nearly 7 million dollars in permit valuations.

Council Member Seiler said that Mr. Abraham will be involve in collecting the new road impact fees.

SWAN SPRING CULINARY WATER/TREATMENT PLANT UPDATE

Mr. Linford explained that we are trying to get signatures on the plat for the Peterson Subdivision. We have sent a letter out to all the homeowners and we have not had any response. We will get phone numbers and we will start calling them to try to work out their concerns so that we can get the signatures on the plat. Mr. Linford said that he is leery of bidding out the project without having the signatures in place. We will go to bid as soon as we get some of the signatures on the plat.

Mr. Linford said that he has talked to the State Wildlife Resources about the right of way going past their property and they are really open to us improving the road this time but they would like their building removed.

Mr. Linford explained that Mr. Griffith, the owner of the property east of Little Switzerland, wants to build a bridge across Swan Spring to access his property. This property is located along the road that goes to the treatment plant. Mr. Linford told him that he would recommend a bridge wide enough for 2 lanes if he ever plans to develop his property, he will need to discuss that with the Council if he ever decides to develop that land.

The Council agreed to move item 7b up on the agenda so we can discuss that while Mr. Linford is in attendance. Mr. Linford explained that the road impact fees recommendation to the Transportation Board and they recommended that we use the 4% growth rate,which would put the impact fee at approximately $2750. Mr. Linford explained that we have just received the traffic study from Mr. John Tabor which states that a turn lane is not required for Hodges Canyon Road now but may be required in the future. He suggested that we include that in the report, which would increase the impact fee approximately $3300-$3400. He will put together the final draft for the Council to review prior to approving it. Mr. Linford said that we will be in compliance with the state impact fee requirements once we make these changes. We do already have the capital facilities plan but it will be in the Impact Fee Study that will need to be approved. The service area will be listed in the report.

Mr. Linford suggested that we don=t set the amount of the impact fee at this time. He will have the report for the August meeting so it can be approved then.

Mr. Linford said that he will work on downloading all the roads for the county so that we can get it on our program so that it will be available for us to work with. It will just be another layer on the maps.

Mr. Linford said that he looked at 150 South and discussed the improvements that need to be made. The pump station that is in the right of way can stay there and just make it a manhole. The electrical box can be relocated outside of the road. Council Member Seiler said that it may not need to be moved because it may not be in the way. Mr. Linford said that we should just get a bids from a couple contractors and tell them to go ahead with the improvements that need to be done.

Mr. Linford said that they are close to being finished with the design of Hodges Canyon Road. He is working on where we need to put a retention basin or sump pumps. The pavement that is there will have to be removed and replaced. The bushes on the right are in the right of way just a little bit so we can just leave them there. The property owners are okay with leaving the bushes where they are. The road will be paved to the canal where it is already paved.

BUSINESS LICENSE DISCUSSION/APPROVAL

Ready Man Excavating, Cherie & Richard Henderson

Mr. Henderson explained that he has applied for his contractors license. The office portion will be ran out of his home in Swan Creek and the equipment will be located in Idaho. He should have his Utah State license next week.

Council Member Leonhardt made the motion to accept the business license for Ready Man Excavating and Grading with the condition that we get the Utah State license number as soon as it comes. Council Member Schnetzer seconded the motion. Council Member Seiler clarified that this is an office only and not to have equipment there. Mayor Hansen explained that the residence is in the county he is only applying to conduct business in the Town limits. All in favor and the motion carried.

The Council Members agreed to move the Subdivision and Planned Unit Development Discussions up on the agenda but if the developer is not here we will visit their project when they arrive.

Council Member Leonhardt made the motion to change the agenda. Council Member House seconded the motion. All in favor and the motion carried.

SUBDIVISION DISCUSSION/APPROVAL

Boundary line change of lots 8 and 9 of Bridgerland Village, Plat F, Phase II, 1590 west and 1582 west Cedar Ridge Drive. Michael DeBloois

Mr. DeBloois is not in attendance so this will be addressed if he arrives at the meeting.

Subdivision of not more than 4 lots, Bear Country Village located at 65 W. Logan Road, Subdivision of 2 commercial lots, Kent Korgenski

The Council reviewed the comments from the P&Z. Mr. Korgenski explained that in 2003 he received approval for a retail office development, which included 8 buildings with 11 shops. It was approved to be developed in phases. The requirement was to put in the largest building first along with the restrooms, which has been completed and is now open for business. They have done some site improvements and foundations for the remaining buildings. They have run into some road blocks with their ability to complete the project so they are looking for a way to get the project completed. He has an investor that wants to buy the property and complete the approved project.

Mr. Korgenski said that currently they have 2 separate lots with separate tax ID numbers, a front and a rear lot. They would like to change the existing boundary to the proposed boundary so the completed building is on one lot and the remaining property with the foundations will go along with the 2^nd lot, and will be completed the way it was proposed. Mr. Korgenski will keep the lot with the completed building and sell the remaining property. There are 2 public restrooms in the existing building.

Mr. Korgenski said that this request is just to re-align the boundary line, which will be recorded with the County Recorder. They do have an agreement between the 2 property owners regarding the access, parking, utilities, etc. The Town Attorney will need to review and approve the agreement.

There is access all the way to the back of the property for deliveries. The dumpsters are in the back. Council Member Leonhardt said that the conditional use was already approved for the layout of the buildings and the requirements of the conditional use permit will not change, this is just a request for the realignment of the boundaries.

The agreement for the RDA loan for that property will need to be re-negotiated with Mr. Korgenski and the new owner. Mr. Korgenski said that he is planning on retiring that loan when he sells the property.

Council Member House made the motion to accept the boundary change as presented with the stipulations of Planning & Zoning Commission, the Mylar and the legal document regarding parking and access being approved by the attorney. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Subdivision of not more than 4 lots; Discussion/Approval of Cottonwood Subdivision located at 1593 S. Bear Lake Blvd., Rulon Crosby and Doug Thompson

Mr. Thompson is not in attendance yet so we will move on and if he arrives we will reveiw his project.

Final Plat Discussion/Approval for Lighthouse Pointe at Bear Lake, phase I. A 28 residential lot subdivision located along Hwy 30 and Kimball Lane. Kent Fisher and Robert Speirs

Mr. Fisher said that he has been working with Mr. Stringham regarding the sewer. He has been working with Sunrise Engineering on the water but they haven=t come to an agreement yet but they will continue to work through the process. The sewer and water will need to be resolved prior to signing on the Mylar.

Mr. Fisher said that they will put a standard 24' road down the center of the 3^rd west easement which will tie into Kimball Lane. He is also working on getting an easement that will line up with Hodges Beach Subdivision for ATV access. The road widths inside the subdivision will be 24' and they will eventually want to turn them over to the Town for maintenance. They will have a clubhouse a pool and other amenities for the residents in the development.

Council Member Leonhardt said that he would like to see a few more fire hydrants in the development. He will visit with the Engineer on his formula for the fire hydrants to make sure they have the same requirements. Mr. Fisher said that they can add a few more fire hydrants.

Mayor Hansen read the motion made by the Planning & Zoning Commission and the requirements that they recommend the Town Council stipulate on the final approval.

Council Member House made the motion to accept the plat for Lighthouse Pointe at Bear Lake, phase I, as presented for final approval with the conditions of the water transfers, the fire hydrants, the letter of credit or bond and the CC&R=s to be completed prior to signing the Mylar. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Final Plat Discussion/Approval for the Villages at Lighthouse Pointe, phase I. A 27 residential lot development located along Kimball Lane. Kent Fisher and Robert Speirs

The 3^rd west names were clarified so they can be correct on the plat. Mayor Hansen said that there are the same concerns on this plat as the last plat, such as, water, fire hydrants, the letter of credit.

Mr. Fisher said that this will be a private community so they will keep the roads and maintain them. They will not turn them over to the Town.

He does have copies of the review letters from the Attorney, the Engineer, BLSSD and Mr. Hobbs and he is okay with the suggestions. He will work to complete the plat with their suggestions.

Mr. Fisher said that he will be the contractor for this PUD.

The seconded entrance will be on Little Valley at this time and will be shifted down as they build.

Council Member Seiler made the motion to approve phase I of the Villages at Lighthouse with the conditions from the Planning & Zoning Commission, the condition that they meet the requirements listed by Sunrise Engineering, the Attorney, and a note from Town Water Department, and that they meet the checklist requirements of the PUD. They also need to take care of the Fire Districts concerns. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Final Plat and Access Agreement Discussion/Approval for Lakeview Manor, phase I. A 44 condominium development located west of Harbor Village and north of Elk=s Ridge Subdivision. Ryan Rogers and Frank Smith

Mr. Bryon Lyon is the Engineer for Lakeview Manor and will be representing Mr. Ryan Rogers.

Mayor Hansen read the comments from the Planning & Zoning Commission.

Mayor Hansen explained that they will need to deal with the water transfers, the CC&R=s and the letter of credit or bond. Council Member Leonhardt will work with them regarding the fire hydrants. They will also need a letter from BLSSD approving the project. Mr. Lyon said that he has already talked with Mr. Stringham and they are working on his concerns. Mayor Hansen would also like a letter from the sanitation department to make sure they reviewed the plans.

Mr. Lyon has worked with Mr. Dan Ames, the Rich County Fire Marshal, and they looked at the Urban Wildland Interface handbook. They went through the chart and they are at a moderate hazard.

Mr. Lyon said that they have a signed easement and right of way through a property on the south to Elk=s Ridge road so they will have 2 accesses to the property. The recorded documents giving them access through the property will be referenced on the recorded plat. Mayor Hansen said that they will have to have deeded right of ways in order to have their plat sign. Mr. Lyon said that those issues will be taken care of. Council Member Seiler said that there is a lot of private property between this subdivision and public roads.

Mayor Hansen said that he received the letter from the Raspberry Estates Subdivision HOA and the answer to their concern is that the Town will require deeded right of ways prior to signing the plat.

Mayor Hansen said that there is no such thing as primary and secondary entrances, they are entrances and exits period and they both are accessible and primary. The accesses can=t be gated, it has to be a legitimate entrance and able to be used. The Council agreed.

Council Member Seiler said that this is a big issue they must be able to get to a public road. How can we approve this project if they don=t have access to a public road. Mayor Hansen explained that the Town Attorney and the Town Engineer will need to make sure that the documents are legal. There can=t be any question that the property owners can get to their property. And the documents need to be recorded before signing the plat.

The other issues are the water, the fire, the CC&R=s, the letter of credit, and the rights of ways in place. The plat can be approved but it won=t be sign before these issues are resolved.

Mr. Richard Weber said that his name was brought up during the Planning & Zoning as to access for this project. He said that he is not going to relinquish his right as a property owner of things that will affect his property directly. He said that if the Council approves this plat he will leave here and immediately seek an injunction. Mayor Hansen asked on what grounds. Mr. Weber said, access to the property, quoting him as say that he has granted access to the property, which he has not done and will not do. Mayor Hansen said that has nothing to do with the Town Council. That will have to be an agreement between him and Mr. Rogers. Mr. Weber agreed but said that the Council has not heard his side of the argument. He denies giving any type of easement. Mayor Hansen said that the easements have not been recorded and he doesn=t know where they are.

Council Member Seiler said we are telling them that they have to find a way to get to their property. If they can=t get through Mr. Weber=s property they will have to figure out another way to get to it or he will not be able to do the project. Mayor Hansen said that if there is a problem and it doesn=t work with Mr. Weber or the Raspberry Patch HOA they will have to bring another solution or they won=t be able to do the project. The Council feels that they need to find a solution to the access before they get approval.

Mr. Tony Martenaue said that it would be subject to the conditions that they have set forth, approve the project subject to those conditions. If they can=t meet those conditions then they can=t go forward with the project. We can approve the project based on the conditions.

Council Member Schnetzer made the motion to approve Lakeview Manor PUD, phase I, with the condition that he needs 2 entrances that go to a public road, water, CC&R=s, letter of credit, sewer, the fire hydrants and the recorded easements. These items must all be completed prior to signing the Mylar. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Preliminary Plat Discussion/approval for Seasons Resort Community. Located at 100 N. Between 100 W and 300 W. Rod Thompson, Troy Oldham and Jeannie Willis

Mr. Troy Oldham explained that it is a PUD of 104 units in the project. It is a little over 8 acres. They want to be self contained within the development with parking for tenants, overflow parking, bike paths, etc. They will wall the entire project and feel that they will be self contained within the project. They will have amenities within the development such as pools, tennis courts, volley ball, putting greens. They feel that they are centrally located in the town and they will bring people into the businesses. Everything that was concern of the attorney, engineer, etc., will be addressed on the final plat. The did receive preliminary approval by the Planning & Zoning Commission.

Council Member Leonhardt asked about the project being gated and how the emergency vehicles will gain access. They will work with him to make sure they are accessible.

There will be 2 main entrances, one on 3^rd west and one on 1^st west with the main road going from one entrance through the project to the other entrance. Every unit will have a 2 car garage and a driveway for 2 cars, so every unit will have room for 4 cars plus they will have auxiliary parking throughout the project and boat and trailer parking.

They are planning on having short term rentals within the project but it will be handled through the central HOA management and they will collect the appropriate taxes that will be forwarded to the Town.

They will do this in phases with the first phase on 1^st west and they hope to have some units started before winter.

They plan to have a club house next to the pool and they will have a few items for purchase out of the club house.

Mayor Hansen said that they must meet the open space requirement so they need to really work on that requirement. They also don=t want it to look like an apartment complex so they plan to make the elevation have an upscale rustic look. The HOA will maintain the landscape. They feel that it will be more of a secondary residence project.

They are calculating the number of water shares that they will need to transfer to the Town and they will continue to work with Mr. Ken Tuttle.

Council Member Leonhardt made the motion to accept the preliminary plat for Season Resort. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

Subdivision of not more than 4 lots: Discussion/Approval of Cottonwood Subdivision located at 1593 S. Bear Lake Blvd., Rulon Crosby & Doug Thompson

Mayor Hansen read the recommendations from the Planning & Zoning Commission. Mr. Crosby is working with Mr. Ken Tuttle on the calculation for the water and the retention.

Mr. Thompson said that they will improve the 30' right-of-way into the subdivision. They will also participate on the 3^rd west project at the top of their project.

Mr. Thompson said that they will have to sign the deeded right-of-way from Hodges Canyon over to this project. It will be a descriptive easement to their development to get in and out. Mr. Thompson said that he understood that there is just a sign off on plat that will dedicate that to the Town.

Council Member Seiler reminded Mr. Thompson that the Town won=t take over the roads at any time because they are not to Town standards. They are not wide enough and they are not proposed to be paved. Mr. Thompson said that he is aware of that. The 4 homeowners will be responsible to maintain, pave and plow the roads.

The cul-de-sac needs to be 60'.

Mr. Thompson will need to work on the water calculations for retention and culinary use, fire

CC&R=s, sewer, and the right of ways. They will have to have the easement to access the project.

Council Member House made the motion to give final approval of the Cottonwood Subdivision as soon as we get the culinary water agreement with the Town Engineer, the calculations for the water retention from the Town Engineer, the Fire Districts sign off, the Sewer District=s sign off, the CC&R=s need to be written, the right-of-way agreement , and the 30' road. Council Member Leonhardt seconded the motion. They will also need a letter of credit, a cash deposit or a bond for the improvements. All in favor and the motion carried.

GARDEN CITY CEMETERY DISCUSSION REGARDING ACQUIRING ADDITIONAL PROPERTY, Randall Hansen

Mr. Hansen explained that he is representing the Cemetery District and they are a separate District from the Town. They have their own tax base, which helps maintain the cemetery. He explained that because of the growth that is going on in the Town they felt that they should be looking for additional property to accommodate the people that want to be buried here. They have talked with some of the property owners around the cemetery and they haven=t been very successful in acquiring any property. They could pursue looking for additional property that may not be near the current location. They would like to ask the Town to put the Cemetery District in the General Plan for the Town to help them to keep the cemetery and help them acquire property. They have funds to purchase property.

The Cemetery is part of the community and as such it is worth looking into how to address the issue. Maybe down the road the Town may want to take over the Cemetery. They are just asking for the Council=s thoughts and consideration for them to be put on the planning for the Town. They are a separate District because it takes in unincorporated lands. The Cemetery District boundary is larger than the Town boundaries.

Right now they have about 1500 spaces available within the property that is inside the fence. They currently own about 10 acres but are not sure how many more they would like.

Mayor Hansen said that as far as putting it in the General Plan there shouldn=t be a problem. Mr. Tony Martineau suggested that we look at the zoning and address the issues. They are just wanting us to put it in the plan so that if the property ever comes up for sale or development something can be worked out for the Cemetery.

Council Member Leonhardt said that we should look this request and see what we can do to help the Cemetery District because it is an asset to the community. They should determine how much property they are looking for and where they would prefer and come back with a recommendation.

EXECUTIVE SESSION

Council Member Leonhardt made the motion to go into executive session at 7:00 p.m. Council Member House seconded the motion. All in favor and the motion carried. The executive session was to discuss the possible lawsuit regarding the access at 1950 south.

Council Member Leonhardt made the motion to go out of executive session at 7:30. Council Member House seconded the motion. All in favor and the motion carried.

ORDINANCES, DISCUSSION/APPROVAL

Ordinance #07-09, An Ordinance of the Town of Garden City, Utah, Stating the Administrative Code Enforcement Program

This discussion regarding this ordinance is to decide what we want, a Hearing Officer or an Administrative Judge. Mr. Martineau explained that this ordinance was modeled after Ivans ordinance. He explained that Ivan ordinance was a very narrow ordinance which just gave authorization for an administrative hearing officer to enforce the ordinances, so if there was a violation to state or criminal laws it had to be sent over to the County Prosecutor to handle the case.

Other cities have an ordinances which give the judge more authority to handle criminal actions, traffic and parking violations.

We need to decide if we want a hearing officer to determine if the Town Ordinances have been violated and the penalty for those violations, or do we want someone to deal with those who are violating state laws and criminal violations. Holiday City doesn=t have their own law enforcement but they entered into an agreement with the county to get more law enforcement officers and they split the fees and the revenue of that department for law enforcement of Holiday City.

We need to identify what services we want to provide for the public and how we can provide those services in order to generate additional revenues for the Town to meet our ongoing needs, which would justify hiring additional officers to help in that area. Mr. Martineau suggested that we work with the Sheriff=s Department and we need to determine if we want deal with addressing just the ordinances or the other violations. It=s a matter of us convincing the sheriffs department that we can hire an enforcement ordinance which would pay his way by dealing specifically with the ordinance enforcement as well as law enforcement. This would be a self sustaining department. It would also help to have the law enforcement presence here in Garden City.

Mr. Martineau said that once all the costs are incurred we can help defray the cost by having them enforce more than just the Town Ordinances. We could have a court of limited jurisdiction but how limited do we want them to be. What do we want, we will have to pass an ordinance which state what we want to be enforced. If we are just enforcing the ordinances we can only empower someone to deal with those issue. Mr. Martineau said that we need to decide if we want to deal just with the ordinances or do we want to offer a bigger service to the community. With all the people coming into the community and impacting the community is such a negative way, he feels that it doesn=t make sense to go to the cost and the trouble of going in to a judicial council and only give them a very small area that he can enforce. We could help defer the costs if we can have them enforce more than just the ordinances.

We could create a court system with our own judge and that judge would have authority to enforce what we want. This would provide us a way to issue citations.

Mr. Martineau suggested that we do a more thorough survey to see how much of a burden it is with, the EMT=s, the Fire Department, the Law Enforcement, etc. We can identify the nature of the problem and then determine what we want to offer in addressing the problem. We can tailor it very specifically to address what we want to address and what the limitations are that we want the court to have.

The liabilities that would be a concern to the Town, would be untrained people who have their own agenda=s or are unclear with their authority. A problem is when they don=t have the power or authority to write the citations that they write. Another is when they make statements outside of court that they shouldn=t be making.

The Council agreed that we need to look into this. Mayor Hansen said that we need to commit to find someone to fit the criteria and they must really know the ordinances. We also need to make sure that the ordinances will stand the test. We would need to look for a hearing officer that is fair, neutral and impartial. The judge doesn=t have to know all the ordinances, just be fair, neutral and impartial. We would also need a someone to prosecute the citation.

We need to identify what problems we want to address, identify how we want it addressed and empower the Judge in how we want them handled.

This ordinance will be on hold until we get additional information from Mr. Martineau.

We also need to send our proposed impact fee ordinance and report to Mr. Martineau to make sure we are in compliance with the state requirements.

Ordinance #07-14, An Ordinance creating regulations for cutting or boring through any Garden City Roadway.

Council Member House made the motion to accept Ordinance #07-14, an ordinance creating regulations for cutting or boring through any Garden City street. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Ordinance #07-1 5An Ordinance to update the definition of a cul-de-sac and a lot.

The Planning & Zoning Commission wants to go back to their original wording of the definition. Council Member Seiler read the definition suggested by the Planning & Zoning Commission. They didn=t feel that the 50' turn around was adequate and discussed an 80' diameter turn around at the end of the right of way. The Town Council also would like to limit the length of the road to 1000'. Mayor Hansen said that the Planning & Zoning Commission can re-write the definition but the diameter of the turn around needs to be 80'. This will be on the agenda again next month with the previous definition. We will also need to change the definition of a lot in 11A-200 to be consistent with this ordinance.

Ordinance #07-24, An Ordinance allowing a condominium development within the Single Family Residential Zone.

The purpose of this ordinance was due to a confusion of what to consider a condominium development, is it a conditional use or a planned unit development? What is the difference between a conditional use permit and a planned unit development and how do we handle condominium development. We need to know under what realm do they get review and approval.

The Council discussed the zones where condominium developments would be allowed or where do we want to concentrate them. Mayor Hansen said that PUD can be a tool to provide more open space.

Mayor Hansen said that we need to have someone come and talk with us about these condominium developments. The projects that we are approving lately are not PUD=s they are condominium developments. A true PUD is when you take a larger piece of property and subdivide the lots and leave a large area of open space. Council Member Seiler said that is not what we are seeing in these plans.

Mayor Hansen asked to have Meg Ryan from the League come and explain what these type of developments are and how we need to set our ordinance to be able to review and approve them.

This ordinance will be on hold until we get clarification from Ms. Ryan.

Ordinance #07-25, An Ordinance allowing a condominium development within the Multiple Family Residential Zone.