MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

 

The Garden City Town Council held their regularly scheduled meeting on June 12, 2008 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

Brian House

Bess Huefner  

Laraine Schnetzer

Mike Leonhardt

 

Others Present:

 

Kathy Hislop              

Travis Hobbs

Jason Linford

Eric Johnson

Brenda Terry

John Alter

Anita Weston

Linda Anderson

Mr. Budge

Mrs. Budge

Kirk Topham

Merle Spence

Doug Spence

Terry Stewart

Bill England

Elliot Hampton

Bobbie Clark

Don Hunt

Chris Coray

Kathy Anderson

Garnett Sorenson

Phyllis Telford

Jay Davis

JoAnn Davis

Lynn Davis

Bobbie Coray

Pat Argyle

DJ Ballingham

LaVal Jensen

Elaine Negus

Gwenda Hansen

Tyson Holbrook

Ms. Holbrook

Brian Potts

Dawn Bergeson

John Abraham

Julie Stringham

Joyce McCown

Dan Spruill

John Spuhler

Melissa Spuhler

Frank Smith

Mike DeBloois

Marty Adams

Scott Symes

Loretta Fiddler

Susan House

Gerald Hunsicker

Becky Wahlstrom

Bonnie Britton

Kristen Ferguson

Dorothy Evans

Kim Fanconi

Sharai Henderson

Jordan Hardinger

Riley Argyle

David Cottle

 

Mayor Hansen called for a roll call of the Council Members present.  He then welcomed everyone to the meeting.

 

APPROVAL OF MINUTES

 

Minutes of the Public Hearing held on May 8, 2008 were reviewed by the Town Council.

 

Council Member Huefner made the motion to approve the minutes for the public hearing held on May 8, 2008 for the water treatment plant as written.  Council Member Leonhardt seconded the motion. All in favor and the motion carried.

 

Minutes of the Executive Session held on February 14, 2008 were reviewed by the Town Council.

 

Council Member Huefner made the motion to accept the minutes for the Executive Session held on February 14, 2008.  Council Member Schnetzer seconded the motion. All in favor and the motion carried.

 

The Council Members returned the executive session minutes to be destroyed.

 

Mayor Hansen asked for the consent of the Council to move the Bond Council up on the agenda because Mr. Eric Johnson has a prior meeting appointment that he needs to get to.  The Council agreed to move this up on the agenda.

 

RESOLUTION #R08-06, A Resolution authorizing the issuance and confirming the sale of $2,073,000 water revenue and refunding bonds, series 2008A, and $2,024,000 water revenue bonds series 2008B, for the purpose of redeeming certain bond anticipation notes and for drinking water system improvements; providing the form of the bonds; authorizing all related documents and other related actions.

 

Mr. Johnson explained that what he is presenting are technical documents set up to comply with state law and federal law and it allows us to be tax exempt.  Mr. Johnson reviewed the documents with the Council. 

 

The Drinking water Board has agreed to lend $2,073,000, which can be re-payed at any time with no pre-payment penalty.  The payment will be an average of about $160,000 per year and the loan carries an interest rate of 2.31%.

 

The loan from Rural Development is $2,024,000 at an interest rate of 4.375% but they are also giving some grant money in the amount of $647,000.  They payments on the loan to the Drinking Water Board will be an annual payment.  The Rural Development wants a monthly payment of $9,028 per month.  The term is 40 years on each loan.   The Rural Development loan can be re-payed at any time without a penalty.

 

If we are able to get a loan at a better interest rate we are required to do that.

 

The 2 loans will total $4,075,000.  That money will go into a PTIF account and to get any of that money to pay the bills will require an approval from Rural Development and the Drinking Water Board. 

 

We need to build up a reserve account which needs to be approximately one annual payment.  That money will get put into a bank account and it just sits there and in the last year we can use that money to pay the last years annual payment.

 

Mayor Hansen asked if there is a stipulation for how fast that reserve account needs to be built up.  Mr. Johnson said that it needs to be built up in 10 years.

 

We also promise that we will increase our water rates enough so that we have enough revenue coming in to pay our bonds and to maintain our system.

 

We can borrow an additional money in the future, within the 40 years, but if we borrow more money we will need to get consent from the prior loan administrators.

 

Mr. Johnson said that we are getting a good deal on these bonds, but if for any reason we can=t keep up on our payments they have an 18% penalty.  If that happens we need to work with the lenders to take care of the situation.

 

In 2006 when we did the bond anticipation notes, the maturity of the notes was May 30, 2008.  This resolution extends the maturity on the notes.  We have already got a verbal from the lending institution but we need to have it as part of the resolution.  We need to have this document finished and the loan must be closed prior to getting construction started.

 

Mr. Johnson said that we need to hold another public hearing for the bonds to make sure that the bonds are property notified and that it is posted on the State Website.  The Council agreed that we will hold a second public hearing on June 30, 2008 at 4:00 p.m. and have it noticed on the state website.

 

Mr. Johnson explained that the Drinking Water Board requires that we have a Fidelity Bond in the amount of 2 annual payments and Rural Development requires a Fidelity Bond in the amount of 1 annual payment, which for both the total will be $450,000.

 

Mr. Johnson gave Mayor Hansen a copy of all the closing documents.

 

Mr. Johnson said that from a financial perspective we could schedule closing as early as July 1st.  The sooner we can make the decision on when to close the better so that we can coordinate all the signatures.

 

Mr. Johnson recommended that we make a motion and adopt the resolution as explained.

 

Council Member Schnetzer made the motion to adopt Resolution #R08-06 as explained.  Council Member House seconded the motion.  Mayor Hansen called for a roll call vote; Council Member House, Aye; Council Member Leonhardt, Aye; Council Member Huefner, Aye; Council Member Schnetzer, Aye. Motion carried.

 

SWAN SPRING CULINARY WATER. PROJECT UPDATE

 

Mr. Jason Linford explained that Build Inc., who we awarded the contract to, is being acquired by another company.  The contractor must provide a bond to the Town for the project but the bonding company can=t issue the bond to Build Inc. because they won=t exist in 2 weeks, it will be WW Clyde at that time.  We may just need to wait until a couple of weeks to see how it plays out.

 

Mr. Jason Linford has contacted the Town Attorney to see what we can do and what are the legalities.  We need to make sure that whoever holds the bonds is who is doing the work.  WW Clyde did not bid on the project in competition with Build Inc.

 

Mr. Linford explained that the road easements must be in place in order to close on the loan.  The county requested that the easement be provided through Wildlife Resources.  Mr. Jason Linford talked to them today and they don=t have a problem with the easement but they want a few things from the Town for them to give the easement.  They want the shed torn down, a sewer hook up and a tuff shed.  Mayor Hansen said that it is his opinion that we need a recorded right of way.  It shouldn=t be just a 30 year right of way. Mayor Hansen said that we should be working with them the same way we would work with anyone else.  If we are going to give, give ,give then we need a recorded right of way, not a 30 year lease.

 

Mr. Linford said that we should also get the Town Attorney=s opinion as to if we have a prescription easement.  Mayor Hansen said that would be only for what is existing there now and  the county required a 50' right of way.

 

Mr. Linford explained that meters are part of what we need to do with the treatment plant project.  We have about 150 - 200 Neptune meters in now.  We got a quote in 2006 for installation of the meters.  Neptune will hold that price of what was quoted in 2006.  Mayor Hansen said that we went through a bid process with 4 companies and Neptune was the low bidder. Each meter will cost $163.  That will include the software and the radio read equipment free of charge.  The current meters will need to be upgraded with the radio read.   Mayor Hansen said that this was already approved and it will come out of the Towns budget.

 

Neptune is also willing to install the meters for $25 each.  The Council agreed that was a great price.  Mr. Linford said that we do need to get the meters installed because our water use is way high and if people are metered then the water use will be way less. 

 

Council Member Schnetzer made the motion to contact Neptune and tell them to get the meters in.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Mr. Travis Hobbs will be responsible to contact Neptune to tell them to get the meters installed.  Mr. Hobbs said that those meters are good, they have a back flow protection device and a leak detection.

 

Mr. Linford stated that we are getting a lot of development occurring.  Since 2003, when we did the last impact fee, we have seen a growth rate of 5.5%.  The current impact fees do not include the treatment plant.  The treatment plant can go from 2 million gallons per day to a 4 million gallon per day.  He suggested that any development that is approved now should be depended on the new impact fee rate.  Mayor Hansen said that it needs to stand that those outside the Town limits pay the 1.5% of the current water rates, including impact fees.

 

Mr. Linfrord said that we should charge the impact fee at the time of the sale of a lot and not wait for the building permit application.  We should also determine if we should charge a stand by fee for vacant lots. 

 

Mr. Linford stated that we are about maxed out with our system, and the developers that come on line in the future needs to pay their portion to upgrade the system, such as tanks, wells, etc.  Mayor Hansen said that we are still in good shape and there is no reason to panic we just want to get ahead of the curve and not get behind.

 

Mr. Linford passed out the bid tabulation for Hodges Lane.  Consolidated paving was the low bidder at approximately $76,500. He did go through their breakdown of costs and it looked okay.  He has prepared the notice of award if the Council is ready to award the bid.  This project is to widen the Hodges Canyon Road and entrance.  Mr. Linford said that road will be closed during construction.  The grade is such that we will have a hard time holding the finished gravel until it is paved unless it is closed.  The project will take up to 60 days.  There will not be a turn lane at this time.  It will be 24' pavement done to the Town standards.  The drainage will be taken care of with that project. 

 

Council Member Huefner made the motion to award the bid to Consolidated Paving for Hodges Lane.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Mr. Linford said that he is working on the 50 South design and the turn lane at 3rd west.  We did get the approval letter from UDOT for the turn lane.

 

Mr. Linford explained that the traffic study for 3rd west going south has been completed and it states that a turn lane is not warranted at this time.  In the future there may be a need for a turn lane there.  UDOT is reviewing that study so hopefully we can get the approval for that entrance for 3rd west.  The study was completed by Traffic metrics.

 

Mayor Hansen asked for the consent of the Council to move item number 6 up on the agenda.  The Council agreed.

 

DISCUSSION REGARDING AMBULANCE SERVICE, Laval Jensen, DJ Ballingham, Brian Potts

 

Mr. Jensen explained that Bear Lake Community Health Center, BLCHC, is willing to place an ambulance service in Garden City and they are here to discuss that concept and work with the Town to do that.

 

Mr. DJ Ballingham asked if we could allow those in the audience to voice their support for the project to work on getting an ambulance in Garden City. 

 

Ms. Pat Argyle stated that her concern is that most of the Commissioners that make the decisions for this area do not live here and they don=t know what the needs of this community are.  It is very important to have an ambulance here.  Ms. Garnett Sorenson said that she has been before the Council many times and this is 4 years to late.  We need an ambulance.  Ms. Gwenda Hansen said that she is in favor of the ambulance.  Ms. Merle Spence is in favor of the ambulance.

 

Mr. Jensen said that they recognize that this is a complicated process.  They hired Mr. Brian Potts to facilitate and work through the process.  The state of Utah grants the approval for the ambulance but we need to make sure that this is something that Garden City and the surrounding area wants.

 

Mayor Hansen stated that he had an opportunity to talk with Mr. Jensen and Mr. Ballingham and they know that growth doesn=t come easy and it is hard to determine when the demand for services occur.  The demand that is placed on the county services is almost to a point that they can=t handle.  He said that he is in favor of supporting them having an ambulance and we need to work together and be a participant. 

 

This will not be without controversy but it is time to do something.  Council Member Leonhardt said that the Fire Board is hiring a full time Fire Chief who must be EMT certified.  During the next fire meeting that person will be approved.

 

Mr. Potts introduced himself and explained the process for what this will take.  Mr. Potts is an EMT intermediate so he runs on the ambulance in Cache County.

 

Mr. Potts explained that this is a regulated process through the state.  The State controls and owns the EMS service throughout the state.  The BLCHC would primarily be a franchise service in Garde City.  The state also sets the allowable rates for the ambulance service.   There are 3 requirements for an ambulance service, access, the cost system, quality.

 

 

This is more than just having an ambulance, it helps with the health of the community.  The state will be aware of our desire to have an ambulance service in our community.  They will help work through the process.  They will also look at the stakeholders in Garde City, which includes the members of the community and the County who now facilitates the ambulance service in Garden City.

 

Mr. Ballingham stated that they are looking for the support of the Council in this process so they can go to the state and start working through this project.  He stated that the Council has to do very little, the BLCHC will work through the process with the support of the Council.  He said that this will be a service that will be self sustaining, and it will be cost effective.

 

Council Member Leonhardt said that it is something that we have needed for a long time.

 

Mr. Jensen said that it won=t be a volunteer system, the EMT=s will be a paid service.

 

Council Member Leonhardt said that the boundaries that they cover should be the same boundaries as the Fire District boundaries.  Mr. Potts said that we can apply for the area that we want to cover. 

 

Mayor Hansen said that we need to go on record, he has been on runs with other emergency entities and the services that we receive in this area has been outstanding.  We don=t want to take over we want to enhance what is here now.

 

Mayor Hansen asked how they will dispatch to this area.  Mr. Ballingham said that dispatch will still go through the county.   When a call comes in, based on the location of that call, it will go to the appropriate entity.  It is all state regulated but we will need to have mutual aid agreements so that we can all work together.

 

Mr. Potts said that he hopes that the politics will stay out of the game when the actual call comes in.  It needs to be a joint agreement to develop a system where we are all working together in a spirit of cooperation.

 

Mr. Jensen said that they are working through this process as the state requires.  Mayor Hansen said that it is only a step in evolution.  Mr. Ballingham said that there will be individuals who will be afraid that things are being taken away from them but based on the demands of our county we need an ambulance in Garden City.

 

Mayor Hansen said that we are making this commitment and we need to go the full commitment and be vocal.  Mr. Jensen said that the first thing that we need to determine is Ais this benefitting the patient@.  Then we need to make sure that it is done correctly to the end result.

 

Council Member House made the motion that as the Garden City=s Government Agency to support the ambulance service for Garden City.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

Mr. Ballingham asked that everyone who is in support of this be noted in the minutes so there is documented support to take to the State.  Council Member House told the audience members to make sure they are signed on the roll.  There was no one in the audience that was opposed to going through the process for an ambulance in Garden City.  Everyone is listed as attending the meeting at the beginning of these minutes.

 

Mr. Chris Coray asked why there is a need for an additional ambulance in Garden City.  Mr. Ballingham stated that when it is busy in Town it is very demanding on the current ambulance because of the number of runs they have to do at any given time.  Also the response time is not great to get an ambulance from Laketown or from Randolph. We have had situations in the community when it takes 30-45 minutes to get to the person who needs the service.

 

Mr. Ballingham stated that they will be meeting with the County Commissioners next week to discuss this issue.  He said that the medical providers in Montpelier Hospital and in Cache Valley are very in-favor of this.

 

A question was asked if the ambulance could go across the border of Utah and into Idaho.  She suggested a cooperation between the States and Counties.  Mr. Potts said that the state does not allow an ambulance from Utah to pick up a patient in Idaho or vice versa.  But an ambulance in Idaho can pick up a patient in Idaho and take them to a medical provider in Utah.  If we are out of resources or in disaster mode then we could go across the border.

 

BUILDING INSPECTOR REPORT

 

Mr. Abraham explained that we had very limited permits in May.  We only had 3 taken out in May.  The total amount for permits for April - June is $7,391.  There is a very limited number of permits for this year vs. last year.  We have about half of what we had last year.

 

The value of the house has stayed relatively flat this year vs. last year.

 

Mr. Abraham has not checked on the signs that Council Member Huefner requested.

 

Council Member Huefner stated that there is a homeowner that is constructing an ingress/egress in Buttercup which does not meet the current ordinance.  It has already been built they are just adding a circular driveway.   Mr. Abraham said that he will work with Council Member Huefner on that driveway.

 

Council Member House asked if Mr. Abraham has talked to Mr. Fisher on the color of the lighthouse.  Mr. Abraham did talk with him and he requested that we wait until they get the roof on and the staircase on. Mr. Fisher said that he felt the color wouldn=t be so noticeable with the roof and the staircase.  Mr. Abraham said that he will keep working with Mr. Fisher on the color.

 

Council Member House said that he is concerned with the staircase on the lighthouse being open to the public and that it should be secured at night.  Mr. Abraham said that he will talk with Mr. Fisher regarding that for his final inspection.

 

Council Member Huefner asked about the short term rentals and how they are complying with the requirements.  Mr. Abraham said that it is run especially well.  The certificate states the allowed occupancy and the number of vehicles allowed. 

 

WATER OPERATOR REPORT

 

Mr. Hobbs explained that they had the sanitary survey which went very well.  They didn=t get docked for anything.  So we will be an approved water system once the treatment plant is on line.  They are putting a new security fence around the springs which is needed for the sanitary survey.  We have been a system under the criteria of corrective action.

 

They have been fixing water leaks throughout Town.  Tomorrow they will be going to the Town of Holladay to tour their treatment plant which is the same as what we are getting.

 

The park has bene quite a mess with the water valves and leaks.  They are getting it working and getting them fixed.  The lines have just worn out over the years.  Mr. Don Huefner has done a great job with the park.

 

The bathrooms have been repaired and they are in great shape.  There were a few minor things that need to be fixed. 

 

Mr. Riley Argyle got Canyon Cove mowed today and swept the bike path.

 

Mr. Steve Watterson should be paving the bike path next week.

 

They sprayed all the weeds around Town along the bike path and the roads.  The signs for the trail head have been installed.

 

Mr. Thomas said that he will grade the parking lot at the trail head to make it solid.

 

Mr. Hobbs got the rocks placed at the project at Hodges Canyon Road.  They set the cement for the gate post and it is setting up right now.  He will also measure for the length of the culvert for 3rd west.

 

BUSINESS LICENSE DISCUSSION/APPROVAL

 

The Quiet Corner, Heidi Dexter

 

Ms. Dexter is not in attendance.  We can come back to this item on the agenda if Ms. Dexter comes in later.

 

Beehive Bear Carving, Kurt Topham

 

Mr. Topham said that he would like to rent the old General Store to put the carvings and the furnishings in.  They won=t do any carving there they will just set up the furniture to sell, just retail sales.  They want to name it Bear Lake Furnishings. 

 

Council Member Huefner made the motion to accept the application to have a retail shop for log carvings at 116 S. Bear Lake Blvd.  Mr. Topham gave his tax ID number.  Council Member Huefner asked about Mr. Topham having furniture outside of the building.  Mr. Topham said that he wants to portray a high end shop so he doesn=t want to clutter the area but would like to place a few things out to show.  He would like to have a bench outside and a bear carving.  Mayor Hansen said that he is naturally limited because the sidewalk runs right in front.  Council Member Leonhardt said that we can=t say how many items he can place in front it just can=t impede his parking.  Mr. Topham said that he doesn=t want to put a lot of items outside because most of the furniture is not finished for outside.  Also, what he puts out has the potential of getting vandalized.  Mr. Topham said that he wants to use the existing sign and just put a new face on it.  Council Member Leonhardt said that the sign is grandfathered so he can.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

Atlas Building, Dan Spruill

 

Mr. Spruill explained that he wants to do a handyman business around town.  He will be working with Mr. Norm Anderson.  He will just be doing a basic general handyman business, he will do  repair work, clean up, etc.  Mr. Spruill is aware that the limit for a handyman is $1,000 per job, labor and materials. 

 

Mr. Spruill said that he will be working out of his home which is in the county.  He said that the location will be a temporary thing because he would like to get something permanent in Garden City.  His location right now is in Sweetwater Trailer Park which is not within the Town Limits.  He will only have a few things in his trailer or in the back of his truck.  He will not have a lot of equipment.

 

Council Member House made the motion to approve the business license for Atlas Building as long as it is up to the Homeowners Association CC&R=s.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.

 

Anvil Cabinet & Mill, Randy Deem

 

Mr. Deem is not in attendance.  We can come back to this item on the agenda if Mr. Deem comes in later.

 

Bear Lake Log Homes, Teri Stewart

 

Ms. Stewart said that they are looking to re-locate their business to Garden City.  Mr. Stewart has been a general contractor for over 30 years.  Ms. Stewart does all the paperwork and Mr. Stewart does the building.  They want to move to the building at 585 N. Bear Lake Blvd.  

 

Council Member House said that he has no problem with this request as long as there is no building equipment, etc. kept at this location.  Ms. Stewart said that they have their location in Idaho and that is where they will keep their building equipment.  Everything behind the building right now belongs to Mr. Bodrero, the owner of the property.

 

Council Member Huefner said that she would like to encourage Mr. Bodrero to pave the parking at least where the bike path is.

 

Council Member Leonhardt made the motion to grant the business license application for Bear Lake Log Homes.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.

 

The Little Bear Lake Monster Pre-School, Elaine Negus

 

Ms. Negus explained that this preschool will be run out of Lakeside Pizza during the winter when she is closed.  They will start in October and it will be open 2 days per week with 2 sessions each day.

 

Ms. Negus said that she can=t find any state requirements for a pre-school.  It is different than daycare. 

 

Council Member Leonhardt said that he will look at the state fire codes for a preschool to make sure that it is safe for children.

 

Council Member Huefner made the motion to approve the Little Bear Lake Monster Pre-school.  Ms. Negus said that she will not have any more than 7 children at a time.  She has 13 signed up right now.  She shouldn=t need a sales tax number because she is in the category of professional service.  Council Member Huefner amended her motion to include pending state fire code approval.  Council Member House seconded the motion.  All in favor and the motion carried.

 

TRANSIENT BUSINESS LICENSE DISCUSSION /APPROVAL

 

Rocky Mountain Aluminum Art, Eliot Hampton

 

Mr. Hampton explained that they are asking for permission to have this business at Mr. Robert Calders location across the highway from the park.  They will use the gravel area just to the south of the home.  It will be 10 days from June 13th through June 23rd. 

 

They are based out of Logan for their permanent address.  They have been in business a couple of years. 

Mr. Hampton said that the art will be placed on the gravel area up to the sidewalk.  He said that the parking will be along the bike path just off the highway, so there is no off street parking allowed for this business.  Mr. Calder asked that there be no vehicles parked on the gravel area.   Mayor Hansen said that he should work with the owner of the property to get the off street parking.  Mr. Hampton should work with Mr. Calder to see if they are willing to allow parking in the field.  If that doesn=t work he should work with UDOT regarding parking on the state highway.

 

Mr. Hampton said that they will have the art work left out all the time but they will not be living or camping onsite.   Mr. Hampton does work in the area.

 

Council Member Huefner asked if we could suspend this discussion for an hour and give him an opportunity to work with Mr. Calder for some off street parking.   Mayor Hansen said that he should only need 3 parking spots but he has to provide off street parking.

 

A member in the audience said that he is the owner of Northern Title and he suggested that they move to the Northern Title parking lot.  That will provide a place to set up and also a place for parking.  Mr. Hampton met with him for a few minutes and obtained a letter stating that he could set up in the Northern Title parking lot.

 

Council Member Schnetzer made the motion to accept the transient business license for Rocky Mountain Aluminum Art, LLC. with him changing the location to 115 So. Bear Lake Blvd.  Council Member Huefner seconded the motion.  All in favor and the motion carried.

 

Bear Lake Cleaning Co. request for a waiver of the sales tax requirement. Jordan Hardinger

 

Mr. Hardinger said that they are not selling anything retail and he talked with the state and a sales tax number is not required for his type of business. 

 

Council Member Huefner made the motion to waive the requirement for a Utah State sales tax number for the Bear Lake Cleaning Company since the state doesn=t require it.  Council Member House seconded the motion.  All in favor and the motion carried.

 

SHORT TERM RENTAL DISCUSSION/APPROVAL

 

Amkid=s Ltd., Marian & Arthur Budge

 

Mr. Budge explained that he now has someone who will be a contact person for his short term rental.  They are located at Ideal Beach.  He is working on the requirements for inspection of the short term rental.

 

Council Member Huefner made the motion to accept the application for the short term nightly rental for Amkid=s Ltd. at Ideal Beach.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

Multi-Resort Ownership Plan, Inc.

 

Council Member Huefner made the motion to accept the Multi-Resort Ownership Plan for the short term nightly rentals as listed under number B on the agenda.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.

 

Sweetwater Bear Lake Timeshare

 

Council Member House made the motion to accept the Sweetwater Bear Lake Timeshare Short Term Rental applications.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

GAC Properties, Gary Cook

 

Council Member Leonhardt made the motion to accept the GAC properties short term rental applications.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.

 

Bear Lake Lodging, Jeff & Angie McPhie

 

Council Member Huefner made the motion to accept the short term rental application for Bear Lake Lodging, Jeff & Angie McPhie number 1-17 as listed on the agenda.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

Bear Lake Vacation Rentals, Joyce McCown

 

Council Member Huefner made the motion to accept the short term nightly rental application for Bear Lake Vacation Rentals for Joyce McCown.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

 

Questions regarding short term rentals in Buttercup Estates, Tyson Holbrook

 

Mr. Holbrook explained that they have a situation with Buttercup.  Council Member Schnetzer said that if the issue is with Buttercup then she needs to excuse herself, which she did and she left the room. 

 

Mr. Holbrook said that he wants to stay in compliance with the Town requirements for his short term rental.  One of the requirements is that he needs to have a letter from the HOA and he is in litigation with the HOA.  He said that he has applied for his short term license and one of the requirements is to have a letter from the HOA.  Mr. Holbrook said that he wants to get his license approval from the Town because he feels that Buttercup is trying to preclude them from renting their property.  They also have re-written the CC&R=s to limit the number he can rent to 15.  He said that he can=t get that letter from the HOA at this time.  Mr. Holbrook feels that he is in compliance with the Town requirements.  He said that his house is almost to the point of being rented.

 

Mr. Holbrook said that he is only asking to do whatever is in the Town ordinances so they can get their license to rent and they will continue to work with the HOA or through their attorney.

 

Council Member Huefner said that the Council has to follow what the CC&R=s say but they can=t make it retoractive.  Mr. Holbrook said that the HOA Board changed the CC&R=s.

 

Mayor Hansen said that we have required a letter from all the HOA and that we need to be consistent with that.  Mr. Holbrook said that the ordinance requirement is just to say that the CC&R=s allow nightly rentals.  Council Member Leonhardt said that we don=t have the right to deny him as long as he is within our standards.  The other issues are between him and the HOA.  There are other rentals in Buttercup so the CC&R=s do allow short term rentals so we have no reason to stop him. He still needs to work with the HOA. 

 

We do have letters with the other applications and all we are asking is do they allow it or do they prohibit it.  Mr. Holbrook said that they refuse to give him a letter stating that they allow nightly rentals, they are dealing with the other issues.  It is obvious that they allow rentals there in Buttercup.  They can=t preclude Mr. Holbrook.  We are not asking for their permission, we are only asking if they allow it.

 

We have a letter in our files that they do allow nightly rentals on other properties in Buttercup.

 

ANNEXATION DISCUSSION/APPROVAL

 

This is for the proposed annexation as outlined on the agenda.

 

Council Member Leonhardt made the motion to accept the annexation into the corporate limits. Council Member House seconded the motion.  All in favor and the motion carried.

RESOLUTION DISCUSSION/APPROVAL

 

Resolution #R08-05, Extending the corporate limits of the Town of Garden City, Rich County, Utah, and annexing certain territory thereto.

 

Council Member House made the motion to accept Resolution #R08-05 as read.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

PUD/PRUD PLAT DISCUSSION/APPROVAL

 

PRUD Conceptual review for Pickleville Commons, Don Webb

 

A representation for this project is not in attendance at this time.

 

PUD Conceptual/Preliminary Review for Big Bear Townhomes, Kelly Harmon 

 

Mr. Kelly Harmon explained that he is presenting the conceptual plan and the preliminary plat.

 

Mr. Harmon said that they are presenting a plan for a PRUD to be located where the current Traveland RV Park is.  They are planning on having 64 Townhomes, which will have 2 different floor plans.

 

They will have a meandering path that will go on the parameter of the property with park benches and points of interests. 

 

Mayor Hansen asked about the density for this project.  The footprints of the building is 23% of the development.  Mayor Hansen explained that the open space, which must be no less than 70%, excludes streets and driveways.  They will have to have 70% open space based on that criteria.

 

Mr. Harmon explained that they have widened the roads to fit the ordinance requirements and they are working on the drainage.  They are working on taking out the curb and gutter and creating swells, which will help keep the water off the street.  They may want to stay with the curb and gutter but they do understand that they have to maintain the storm drainage on site.  They would like to leave that open at this point.

 

The dumpsters can be re-located if needed and required by the County.  Mayor Hansen said that we won=t have dumpster stations on 3rd west.  It will have to be inside the development. 

 

They have 2 ingress and egress.  Mayor Hansen reminded Mr. Harmon that the project also must meet the 70/30 open space requirement.

 

Council Member House made the motion to accept the PRUD conceptual and preliminary review and re-zone the 7.34 acres as a PRUD.  There was discussion as to whether we need another public hearing or if there are additional fees for the re-zone.  It was determined that the re-zone fees for a PRUD are included in the PRUD fees.  Also the PRUD requires a public hearing which was already done for this project so a second public hearing is not required.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

ORDNANCE DISCUSSION/APPROVAL

 

Ordinance #08-10, an ordinance to update the commercial zone within the Town of Garden City, to create separate zoning areas and establish the requirements for each zone.

              

The public hearing that was held for this ordinance went very well.  People were very receptive to the commercial changes that were proposed.  Mayor Hansen explained the changes that was made to the ordinance during the Planning Commission meeting.

 

Council Member House made the motion to accept Ordinance #08-10 as presented.  Council Member Leonhardt seconded the motion.  Motion died for further discussion. 

 

Council Member Huefner said that she objects to the requirement of 75% on 3 sides in the architectural standards.  She would like the buildings to look nice but she would be okay with a 50% requirement.  She said with the economy right now and with the short season it seems like it is too much to ask.  She said that she feels that the Planning Commission has a good handle on what they are looking for.  The Council discussed the architectural standards section of this ordinance and agreed to take out the 75% requirement and add stucco as an accepted item.

 

Council Member House made the motion to accept Ordinance #08-10 with the change to the architectural standards to take out 50% and add stucco.  Also. negotiate the architectural standards with the Planning Commission and take out Town Council, all changes were made on said minutes.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

Ordinance #08-11, an ordinance to update the parking and loading spaces ordinance.

 

The Council discussed the parking requirement for commercial establishments and agreed to change the requirement from 10 parking spaces for every 1000' of building space to 10 parking spaces for the first 1000' and 5 for each additional 1000' of building spaces.

 

Council Member House made the motion to accept Ordinance #08-11 with the change that were discussed.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

Ordinance #08-12, an ordinance to update the Architectural Standards ordinance.

 

Council Member House made the motion to accept Ordinance #,08-12 to rescind our old architectural standards and replace it with what was approved in Ordinance #08-10.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.

Ordinance #08-13, an ordinance to update the Transportation Ordinance.

 

Council Member Huefner made the motion to accept Ordinance #08-13 to rescind the Transportation Ordinance that is in the books and replace it with this ordinance.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Someone in the audience asked if an establishment has 1999' what would be the requirement for parking.  The Council agreed to amend the ordinance as follows.

 

Council Member Huefner made the motion to amend Ordinance #08-11 that after the first 1000'  1 parking spot is required for each additional 200'.  Council Member House seconded the motion.  All in favor and the motion carried.

 

DISCUSSION/APPROVAL OF PROPOSED ZONING MAP WITH NEW COMMERCIAL AREAS

 

Council Member Huefner asked if she could respond to the letter that we received from Ms. Dixie Pope stating that when the land is developed then the roads have to be constructed.

 

The commercial zone for zone 1 is changed from 400' to 200' deep up to the first road that goes up to Bridgerland.  We also need to include a commercial area at rocky point, which is 600'.  Those 2 changes were changed on the map.

 

Council Member House made the motion to accept the zoning map as amended.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

DISCUSSION REGARDING BEACH ACCESS, CHARGING A FEE AND GATING

 

Mr. John Spuhler and Ms. Melissa Spuhler explained that the idea to charge a fee to use the beach is to enhance the services.  The Library Board has been discussing charging access fees to generate revenue for these services.  There are 2 things that can be accomplished with charging and having an attendant at these accesses, one is for education and one is to help control the beach.  The attendants can also help pick up trash on the beach.

 

People wanting to access the beach can buy an annual pass or a day pass.  Mr. Spuhler said that they decided that $50 would be the amount for an annual pass.  A day pass would be $7 per vehicle.  ATV=s would be cheaper.  We need to put proper signage at each assess point.  

 

Mr. Spuhler said that they think there may be 1,500 vehicles that would purchase season passes for RV=s trucks, cars and ATV=s.  The revenue from that would be $151,400.  They could hire employees at $10 per hour to be at the access points.  The expenses for this program will be paid for out of these revenues.

 

This program will be ran under the Library Board.  They will get an auto attendant phone number so people can call to get more information.  That way the calls won=t all go to the Town Office.

 

They need to get going right now so they can have all the supplies and the employees ready so they can be up and running by the first of July.  All the employees will be Town employees and the money will be ran through of the office.

 

Council Member House made the motion to support the Library Board for the beach access program.  Council Member Huefner seconded the motion.  All in favor and the motion carried.

 

DISCUSSION REGARDING HIRING A GARDEN CITY PLANNER

 

Council Member Huefner said that we need to put the wheels in motion for this right now.  Mayor Hansen said that with the economy right now and what is going on right now with development we need to have a little bit of caution.

 

The Council discussed planning for the future in Garden City and what we would need for a

Planner.

 

Council Member Huefner said that now is the time to start talking about this and work through a way to get us a City Planner.

 

BUDGET DISCUSSION/APPROVAL FOR THE JULY 1, 2008 - JUNE 30, 2009 BUDGET FOR THE GENERAL FUND AND THE ENTERPRISE FUND

 

Mayor Hansen went over each line item on the budget.  The Council made a few changes to the budget and balanced the expenditures and the revenues.  We still need to close on the loan for the treatment plant so that needs to be figured in once we close on the loan.

 

Council Member House made the motion to approve the budget for July 1, 2008 - June 30, 2009.  Council Member Huefner seconded the motion.  All in favor and the motion carried.

 

OPEN THE BUDGET FOR THE FISCAL YEAR JULY 1, 2007 - JUNE 30, 2008 TO ADD ADDITIONAL EXPENDITURES AND REVENUES

 

The Council agreed that the budget was opened last month and the extra revenues and expenditures were added at that time.  There have been no further expenditures or revenues that need to be added to the budget.

 

DISCUSSION/APPROVAL OF DELINQUENT BUTTERCUP SPECIAL IMPROVEMENT DISTRICT LIST, TO BE FORWARDED TO THE RICH COUNTY TREASURER AND ADDED TO THE PROPERTY TAX NOTICES AS A TAX LIEN

 

The Council Members reviewed the Buttercup SID tax lien list.

 

Council Member Leonhardt made the motion to approve the list for the Buttercup Special Improvement District, as presented, and forward the list to the Rich County Treasurer.  Council Member House seconded the motion.  All in favor and the motion carried.

 

It was discussed that we need to charge a penalty for these delinquent accounts, because there is more work and costs involved.  The Council agreed that we need a resolution to impose a penalty on the delinquent accounts.

 

GRANT PROJECT DISCUSSION/APPROVAL

 

Community Development Block Grant 2008

 

We are still waiting for the environmental review from BRAG.  Everything else has been completed.

 

Scenic Byway Grant Application

 

Council Member Huefner said that she will find out about this grant.  She will go to the next meeting.

 

UPDATE OF PROGRESS FOR THE NEW LIBRARY/TOWN HALL

 

Project Manager Report

 

Ms. Bobbie Coray explained that the engineered plans are done so we are ready to get a building permit and start the work.  She said that if we can get a lot of volunteer help on the office building then we can put more money into the library.  There isn=t any electrical or plumbing needed in the office building. 

 

Ms. Coray has asked Nexus Architecture to do plans for the 1st building, the library etc.

 

Renting the convention center

 

The Council agreed that we need a contract for anyone who is going to rent office space.  Mayor Hansen said that he will work on that.

 

Daily rate for renting the convention center

 

We have had a request for a daily rate for renting the convention center. Right now the rental schedule is just an hourly rate.  The Council discussed this and decided to set the daily rate at  $500 on a regular day or normal weekend and $1000 for holiday days or a holiday weekend.  That cost is per day.

 

Exemption for a rental fee

 

Mayor Hansen said that he is leery of calling this an exemption.  He feels that we will be setting a precedent and what would the criteria be.  He said that he is okay if it is a fee in lue of something but doesn=t want it to be an exemption.  Council Member Schnetzer said that if they are using the facility they should have to clean the facility.

 

The Council discussed who would be given this exemption.  It should be a local non-profit organization.  Local must have members from Garden City.

 

Also, we will require a deposit of $25 from each non-profit organization to keep on hand so that if we do have to clean it after a group has used it we can use that money to have it cleaned.

 

Council Member Huefner made the motion to keep the exemptions to the local non-profit group, government agencies and churches with a contract that they will clean the facility with a small deposit that is held but when they quit using the building it is refunded.  Council Member House seconded the motion.  All in favor and the motion carried.

 

MISCELLANEOUS ITEMS

 

Website Update

 

Mr. Chuck Stocking is willing to update our website for approximately $1,500.  We will also need to buy a program that will allow us to update the website after Mr. Stocking has designed it.

 

Council Member House made the motion to accept Mr. Chuck Stockings request for the website design for a payment of $1500 and $200 for the update package.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

Formal request for the Garden City Ordinances to be enforced, Jennifer Huefner

 

Mayor Hansen said that he feels that the ordinance enforcement can be done better and we all need to work on enforcing the ordinances.  We just need to be aware of the ordinances and follow through with them.

 

Mayor Hansen and Council Member Huefner are working on getting the motor home on 250 south removed.  Basically it is an abandoned vehicle.

 

Request for waiver of water fee, Scott Symes

 

Mr. Scott Symes said that he has come to the realization that this is his own fault and he has realized that things change.  Mr. Symes said that he received a notice that he was delinquent so he called the office and was told that he would need to pay his water bill or he would be turned off.  He was also told that if his water was turned off he would be charged a turn off fee and a turn on fee.  Mr. Symes was also told that he couldn=t turn his own water off using the meter.  If he turns his water off he must have his own valve.

 

Mr. Symes said that he came to pay his bill in May but he got to the office after it was closed.

 

Mr. Symes was told that the balance on his account is $184.05 plus the turn off fee and the turn on fee, which is $200 each.

 

Mr. Symes asked the Council for their consideration so he would not have to pay the turn on and turn off fee.  The Council stated that is the fee and it is set by resolution, we need to follow the resolution and our own policy. 

 

After further discussion Mayor Hansen told Mr. Symes to come back when he is ready to pay his bill so he can have water.

 

Review of application for project review

 

The new project review application was presented to the Council for their review.  The Council agreed that it has good information and that we need to replace the project review form.

 

Blue Grass Festival

 

Mr. Frank Smith is requesting permission to hold a Blue Grass Festival on Saturday during Raspberry Days.  It will be held in the field on the property that Mr. Smith owns on 3rd west.

 

The Council discussed this festival and having it during Raspberry Days.  Mr. Smith said that is the only day this group can come this year.

 

One concern that was discussed was selling alcohol on that day.  The law enforcement is already overwhelmed during Raspberry Days and that would just be an additional burden on them on that day.

 

The Council agreed that Mr. Smith could hold the festival on that day but that they couldn=t serve alcohol this year.  That is something that could be addressed if they want to come back next year.  The Council suggested that the festival be held on another day next year, not during Raspberry Days.

 

They should pay the same as those who are paying to be in the park for Raspberry Days.  The Council agreed that they should pay $200.

 

Short Term Rentals

 

Council Member Schnetzer, Council Member Huefner and Council Member Leonhardt will help with questions regarding short term rentals.

 

New Secretary

 

The Council agreed that we hire Tammy Bowen for the new secretary.

 

COUNCIL MEMBER REPORTS

 

Council Member House said that the State Parks will not be in Town as much as they have been.

 

Council Member Leonhardt said that the Fire Department has hired a full time Fire Chief.

 

Council Member Huefner said that she will keep working on the streets and roads.

 

Council Member Schnetzer said that the park looks really good and they are finishing the projects at the park.

 

Mayor Hansen said that they met with the Governor to thank him for his help with the Hook Canyon Project.

 

PAYMENT VOUCHERS

 

Council Member House made the motion to approve the payment vouchers as presented.  Council Member Huefner 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 at  11:00 p.m.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.

 

 

 

APPROVED:                                                                         

 

 

 

 

_____________________________________________________             

Kenneth Hansen, Mayor                                                         

 

 

 

Attest:

 

 

 

_____________________________________________________

Town Clerk