MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town
Council held their regularly scheduled meeting on July 10, 2008 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
Bess Huefner
Laraine Schnetzer
Brian House
Council Members
Excused:
Mike Leonhardt
Others Present:
Kathy Hislop
Travis Hobbs
Riley Argyle
Anita Weston
Jason Linford
Phil Gertge
Glen Burgman
Lamar Spencer
Dale Stacey
Mark Lee
Norm Mecham
Richard Drosebeck
Luetenant Parry
Kelly Allen
Dan Kurik
Heidi Dexter
Patience Fisher
Tyler Baird
Jessica Ward
Cory Haddock
Bobbie Coray
Mayor Hansen asked
for roll call of the Council Members.
Council Member House will be late and Council Member Leonhardt will not
be here so he is excused.
APPROVAL OF
MINUTES
Minutes of the
monthly Town Council meeting held on June 12, 2008 were presented to the
Council for their review.
Council Member
Schnetzer made the motion to accept the minutes for the Town Council meeting
held on June 12, 2008 as presented.
Council Member Huefner seconded the motion. All in favor and the motion carried.
Minutes of the
monthly Town Council meeting held on May 8, 2008 were presented to the Council
for their review.
Council Member
Schnetzer made the motion to accept the minutes of May 8, 2008 as
presented. Council Member Huefner
seconded the motion with some spelling error corrections which were made to
said minutes. All in favor and the
motion carried.
Minutes of the
Special Town Council meeting held on May 27, 2008 were presented to the Council
for their review.
Council Member
Schnetzer made the motion to accept the May 27, 2008 minutes as presented. Council Member Huefner seconded the
motion. All in favor and the motion
carried.
Minutes of the
Special Town Council meeting held on June 30, 2008 were presented to the
Council for their review
Council Member
Huefner made the motion to accept the minutes of the special meeting held on
June 30, 2008 as presented. Council
Member Schnetzer seconded the motion.
All in favor and the motion carried.
SWAN SPRING
CULINARY WATER PROJECT REPORT, Jason Linford
Treatment Plant
Mr. Linford
explained that we do not have all the easements in place for the treatment
plant but all the letters have been sent out now and we should have that issue
resolved in the next couple of weeks.
He said that we may be able to turn the DWR easement into a non issue
but he is working on that.
Mr. Linford will
hold a Pre-Construction meeting next week so that when we do get everything in
place they will be good to go on the construction of the treatment plant.
Mr. Linford
introduced Mr. Glen Burgman who will be the Special Inspector for the
project. We do need a special inspector
for the project because we are using federal funds. Mr. Burgman will be a full-time inspector and he will forward his
reports to the County. We need to meet
with the County Inspector to discuss who will do what inspections.
Mr. Doug Nelson will
be in Cedar City for the Drinking Water Board Meeting to represent Garden City.
Impact Fee
Analysis
Mr. Linford
explained that we need to take into consideration the costs for the addition to
the water system and the developers should pay into the system to help pay down
the debt.
Mr. Linford went
over the analysis as prepared. The
total proposed impact fee for the water system is $2,932.00.
Mr. Linford said
that we are requiring new developers to provide their own water storage for
their own developments.
Mr. Linford said
that we are okay right now with the base water rate of $30 per month but we
will need to look at that again after we start reading meters. Right now we have a little wiggle room with
the water rates until we get the meter reading figures which may solve a need
for additional revenue.
Mr. Linford said
that we have talked about collecting the impact fees when the lot is sold and
not at the time of a building permit. We
are committed to service the lots with water at the time the property is
subdivided. We also need to determine
if we need to charge a standby fee for vacant lots. We may need to place a lien on every lot, existing and new
subdivision lots. We will need to
figure out what an appropriate standby fee would be.
Hodges Canyon
Project
Mr. Linford
explained that we did get the performance bonds for the contractor for this
project and they have been forwarded to the Town Attorney.
There may be an
issue having that road closed during the Parade of Homes but the contract
should be completed before that time.
Mr. Hobbs said that
he can=t find any markers so we will have Mr. Jeff
Hansen come over and re-stake the road.
3rd
west Turn Lane
Mr. Linford said
that he should be able to submit the plans to UDOT next week for the turn
lane. There is a little difference
between the two surveys; our survey, done by Mr. Jeff Hansen, and the survey,
done by Mr. Dennis Bullock=s Engineer. Mr. Hansen and Mr.
Bullock are working together to make sure it works between the 2 surveys. The bike path will need to be re-located.
50th
Parking Lot
Mr. Linford should
have the parking lot design ready by next week. We don=t have
room for sidewalks and to make the parking stalls work so there will be no
sidewalks and the sidewalk at the church will need to come out.
WATER OPERATOR
REPORT, Travis Hobbs
& Riley Argyle
Mr. Hobbs said that
they have been working on water connections and also water leaks throughout
town.
Mr. Hobbs said that
all the water in Elk=s
Ridge is turned on and the water is turned on to the only house that is almost
completed in that subdivision. They
have had some leaks and Mr. Petersen is working on the leaks. They have got all the water reports back on
the Elk=s Ridge lines and tank and there were no
problems.
Mr. Hobbs told them
that the warrantee does not start until after the telemetry is put into the
tank at which time the project is completed.
They have been installing sewer lines on the second phase. They can=t do any water lines there until they are recorded and also the water
lines need to be inspected.
The water and sewer
lines in the Villages at Lighthouse Point are too close; in some places they
cross over each other and are touching.
Mr. Hobbs told them that they need to fix them. Mr. Hobbs will continue to watch the water
lines in their subdivision.
Mr. Watterson
completed the bike path job in front of Harbor Village. They will have him bring in some topsoil to
place on the sides of the bike path and then they will plant some wild flowers.
Council Member House
said that people are driving down the new bike path so Mr. Hobbs will work on a
barrier at the end to keep cars off.
They have really
been working on the park with Mr. Huefner and it looks really good. Mr. Tim Jensen poured the concrete border
around the play area. They will also
have the sand tilled up.
The exterior of the
new maintenance building is complete they just need a little bit more work on
the inside.
BUSINESS
LICENSE DISCUSSION/APPROVAL
Hobbs
Construction & Water System, request for waiver, Travis Hobbs
Mr. Hobbs explained
that what he does is a service and he shouldn=t need a sales tax number. He
is requesting a waiver of the sales tax number because as a service type
business he can=t getone from the State Tax Commission. Council Member Schnetzer explained that we
gave a waiver last month to Bear Lake Cleaning Company for the same reason.
All he does is take
water samples for the Reserve so he doesn=t need a contractors license.
Council Member House
made the motion to waive the sales tax number requirement for the business
license for Hobbs Construction & Water System. Council Member Huefner seconded the motion. All in favor and the motion carried.
The Quite Corner,
Heidi Dexter
Ms. Dexter explained
that she would like to have a business at 65 W. Logan Road in the Dahl retail
buildings. She will be selling books,
video=s, and little gifts. She is working with the Book Table to be
able to order books from them.
She said that she
may expand the business later if they are successful. She said that when she wants to expand she will come back for
Council approval.
Her sales tax number
needs to be registered to the Town of Garden City and she will make sure that
it is registered correctly.
Council Member
Huefner said that there is going to be a problem with the parking for that area
so she would like Ms. Dexter to encourage her customers to use the 50 south
parking. Ms. Dexter said that if this
is successful she will be moving to a new location.
Council Member
Huefner made the motion to accept the Quite Corner as a new business at 65 W.
Logan Road., owner Heidi Dexter. Council Member House seconded the motion. All in favor and the motion carried.
Anvil Cabinet
& Mill, Randy Deem
Mr. Deem is not in
attendance so the Council passed on this agenda item.
Bonneville
Realty, Patience M. Fisher
Ms. Fisher explained
that this business will be in the log building which will also be used by Bear
Lake Log Homes. There will be 4
different businesses in that building and they will all need to be approved for
individual business licenses.
They have had a
backhoe there moving things around to get it ready for parking. She said that it is a large lot with plenty
of room for parking.
Mayor Hansen said
that Ms. Fisher will need to get a letter from Mr. Bodrero, the owner of the
building, stating that she is allowed to conduct business in that building.
Council Member
Huefner made the motion to accept the business license application for
Bonneville Realty at 585 N. Bear Lake Realty, owner Patience M. Fisher. Council Member Schnetzer seconded the
motion. All in favor and the motion
carried.
Diamond X
Construction, Tyler Baird
Mr. Baird said that
he is the 4th business in that same building, owned by Mr.
Bodrero. Council Member Huefner said
that we should talk with the owner about the landscaping and working on the
gravel that goes onto the bike path so it doesn=t ruin the bike path.
The building name is
The Home Resource Building and they will have a sign on the building.
Mr. Baird doesn=t know if he has a sales tax number but he
will check on it and make sure that it is registered to Garden City.
Council Member
Huefner made the motion to accept the business license for Diamond X
Construction contingent on the sales tax number being registered to Garden
City. Council Member Schnetzer seconded
the motion. All in favor and the motion
carried.
The Council agreed
to move on from item #7 and #8 until they come to the meeting.
DISCUSSION
REGARDING THE POOL,
Jessica Ward
Ms. Ward explained
that she is just asking for the City=s support to use their name in her petition to ask for donations to get
the pool operational. The petition is
targeted to St. Charles, Fish Haven, Laketown, and Garden City. Ms. Ward passed out the petition that she
wants to send out for the Council=s review. The Council made a
few changes to the petition and said that Ms. Ward needs to ask for pledges and
not donations at this point. We are
just looking to see what the community support will be for a pool.
Ms. Ward has worked
out a proposal on what the pool would cost per year, which is approximately
$133,000. She said that we may need
more money to get the pool ready and for some improvements to the pool.
RESOLUTION
DISCUSSION/APPROVAL
Implementing
Resolution #R02-05, which allows the Garden City Town Council to adopt, by
motion, the State Fire Restrictions when they deem necessary, with specific
exemptions as noted on said resolution.
Council Member House said that the State has fire restrictions in effect
right now but it is just for Southern Utah.
Mayor Hansen said
that we should have the Fire District draft a resolution because their District
limits are bigger than the Town limits.
Mayor Hansen suggested that we rewrite the resolution and give it to the
Garden City Fire District to adopt the fire restrictions for the Fire
District. Mr. Kurek, the Garden City
Fire Chief, said that the Town Council needs to adopt the resolution and it
will only be in effect for the Garden City area. The same for the County.
The Council
explained that the State has no fire restrictions for this area and they felt
that we should follow the State; if they have restrictions then we should have
the same restrictions. We can implement
this resolution and act on it when the State sets their fire restrictions for
Northern Utah.
Council Member
Schnetzer made the motion to adopt the state fire restrictions. Council Member Huefner seconded the
motion. All in favor and the motion
carried.
Mayor Hansen said
that if the State doesn=t adopt the fire restrictions statewide by the 24th then we
really need to do something different, but at this point we can post the
notice.
PUD/PRUD PLAT
DISCUSSION/APPROVAL
Pickleville
Commons, Conceptual Condo/Townhouse project.
Affordable housing project containing 31 units at approximately 2085 S.
Bea Lake Blvd, Don Webb
Mr. Webb is not in
attendance at this meeting so the Council passed on this agenda item.
Raspberry Ridge,
Conceptual Planned Unit Development project.
A townhome development of 431 units at approximately 1800 S. Bear Lake
Blvd. This project is approximately 95
acres and will include commercial areas.
Phil Gertge, Alan and Gaylene Wamsley, Reed & Josephine Wamsly,
Pamila Hill, Terry and Kevin Erickson.
Mr. Gertge passed
out the new plan for his development.
Mr. Gertge explained that they had to change 300 west where it comes
through their development so it would line up with the south and north end. The move of 300 west cut them down to 350
units, but they did pick up more property for the commercial area.
One of the biggest
concerns from the Planning Commission was that basically there was only one
entrance and exit because all the roads above the canal ended with a
cul-de-sac. They did refigure their
road system, which will be 24' wide,
paved. The right of way width is 34'
with 24' paved. The 3rd west
is 100' wide right of way. They do have
a double width road for the area that goes over the canal.
Council Member
Huefner asked about the roads connecting to the Lighthouse Point. She said that there are too many cul-de-sacs
in this development for the emergency services. She would like to see this connecting more with the Lighthouse
development. Mayor Hansen said that
this is a different development from the Lighthouse. They provide their own amenities, they have their own HOA, etc. Council Member Huefner said that having
these self contained communities doesn=t work. The roads deadend and
you can=t get any fire service through there. Mr. Kurek said that the emergency vehicles,
especially the fire trucks, need to have a certain radius in the cul-de-sac and
the road need to be a specific width.
Mayor Hansen said
that the main arterial road needs to be wider because it is more of a main road
than just a minor road through the subdivision. Mr. Gertz asked if the intention is to make it 2 lanes or are we
just making it a few feet wider.
Council Member Huefner said that snow removal on a 24' road is just
terrible, there is no place to put the snow.
Council Member Huefner said that we would really encourage Mr. Gertz to
make that road wider, a 50' road, at least the main arterial road.
Mayor Hansen said
that we don=t want curb and gutter in town, we would
prefer pavement going to a grassy swale.
All the drainage needs to be retained on site. Mr. Gertz said that they plan on keeping the drainage on site
even with the curb and gutter. They are
not opposed to not having curb and gutter they will check to see if the swale
would work in their development.
3rd west
will be the only Town Road, all the others will be private roads and will be
maintained and plowed by the homeowners.
Mr. Gertz said that Plannning Commission wanted him to get rid of the
access onto the highway and only have the access off of 300 west. He said that his concern is that 300 west
doesn=t exist yet and we are not sure when that
will become a reality. They discussed
having a temporary access onto the highway and once 3rd west was
done they can make that their access but once that road is constructed onto the
highway it should stay there because the utilities will be in place there. Mayor Hansen suggested that they use the
current right of way on Alan Wamsleys property as a temporary until 3rd
west goes in. Mr. Gertz said that he
doesn=t want people who buy in the development to
have to use a temporary dirt road for their access. He feels that he has to have some type of permanent access to the
property.
Mr. Gertz said that
they have 30 acres of commercial area.
They want to have 3rd west be the buffer between the
commercial area and the residential area.
Mr. Gertz said that they have 70% open area which is excluding the
roads.
Mr. Gertz said that
they may use these for short term rentals.
They do have a separate parking area for recreational vehicles but they
also have 4 parking spots for each unit.
Mr. Gertge explained that they will put restrictions in the CC&R=s that they can=t park recreational vehicles at the property they have to park them in
the recreational vehicle parking area.
The Planning
Commission didn=t take any action on this. Mayor Hansen said that this is only a
concept and they will need to come back for their preliminary plan and final
for each phase. We are only approving a
concept and it is subject to change.
Mr. Gertge went over the changes that were suggested by the Planning
Commission.
Mayor Hansen said
that he would accept a motion to accept the concept of Raspberry Ridge with
suggestions from the Council on things that they need to correct on the plat.
Council Member
Huefner made the motion to accept the Raspberry Ridge PUD subdivision as a
conceptual subject to the conceptual plan.
Council Member Schnetzer seconded the motion. All in favor and the motion carried.
UPDATE ON LAW
ENFORCEMENT I N GARDEN CITY AND DISCUSSION REGARDING THE LAW ENFORCEMENT OF THE
BIKE AND PEDESTRIAN PATH
Sheriff Stacey
reported that they do have other officers coming during Raspberry Days
including Utah Highway Patrol. A lot of visibility cuts down on some of the
problems. Sheriff Stacey said that they
will need more accommodations during Raspberry Days. Deputy Lee will have a cabin that will house 8 officers. The Canyon Cove room will house 6 officers
and if they need more rooms they will let us know. They will also have Officers on motorcycles. They will be ready for Raspberry Days.
We will also give
the Law Enforcement Officers a vouchers for food during Raspberry Days.
Mayor Hansen said
that we need to know how to get a handle on the ATV issue in Garden City. Sheriff Stacey said that the new State ATV
law doesn=t go into effect until October 1, 2008. Municipalities can make their own laws in
the Town limits that are more restrictive than the State laws.
The ATV=s must be street legal. They only have to pass a safety inspection
just once. The problem that we are
having right now is people riding between the bike path and the street. It is not safe and it is not legal. Mayor Hansen said that we need help to curb
that activity. Sheriff Stacey said that
it is not legal, he said that he see=s more on the bike path other than in the dirt next to the bike
path. He has been stopping people who
are riding on the bike path to at least warn them or to ticket them. The people need to be stopped and at least
educate them.
Mayor Hansen asked
if they are willing to enforce that law to keep them off the bike path. All the Law Enforcement officers agreed that
they will work on this issue.
We will continue to
work together with the issues during Raspberry Days, the ATV=s, etc.
REQUEST FROM
THE PLANNING COMMISSION TO GET A LETTER OF CREDIT FROM SHUNDAHAI FOR THE GOLF
COURSE IN THAT DEVELOPMENT.
Mayor Hansen
dismissed himself from the meeting because he has a conflict of interest with
this agenda item. He turned the meeting
over to Council Member House to run at this time and he left the building.
Council Member House
explained that the Planning Commission felt that Shundahai should have a letter
of credit or bond for the golf course in their subdivisions because they are
selling lots with the golf course as an amenity. If a property owner buys a lot thinking that they will have a
golf course they should have some assurance that the golf course will be
constructed.
Mr. Norm Mecham said
that it will be part of the entire development, it is not part of any
individual subdivision. It is not an
amenity that is shown on a subdivision plan it is just part of the conceptual
plan. If they have to bond for
everything in the development with the very first subdivision they won=t be able to afford it.
Council Member House
said that the letter of credit will just insure that the golf course will be
built with the subdivision.
Mr. Mecham explained
that they are bonding for each individual subdivision for all the improvements
for that phase. If there is an amenity
inside that phase they will bond for but not for the things that are just a
part of the Master Plan.
Council Member
Huefner said that she doesn=t understand why they would need a letter of credit for the golf
course. He can=t bond on it with an individual phase because
that would make the owners of that phase owners of the golf course.
Council Member
Schnetzer said that there are certain things in a Master Plan that are just
part of the master plan like commercial areas.
The golf course is no different.
We don=t make the developers bond for commercial
areas.
Council Member
Huefner said that we are not seeing what the Planning Commission is seeing on
this issue. The Council agreed that we
don=t want to require a letter of credit or bond
for the golf course and if the Planning Commission wants to require this then
they need to talk to us about their concerns.
Also, the ordinance states that the letter of credit or the bond is for
improvements in the phases not amenities.
RE-ZONE
REQUEST
Request to
re-zone property at 465 S. Bear Lake Blvd. From Residential to Community
Commercial. The property is
approximately .22 acres. Jim Reese and
Lamar Spencer.
Mayor Hansen said
that he is not incline to re-zone just because the discussion from the Planning
Commission. The Council Members
agreed.
Mr. Spencer said
that he is still working at the property and on the addition to the house. When he gets that done he would like to have
a businesses be able to work out of that house.
Council Member
Schnetzer made the motion to decline the request to re-zone the property at 465
S. Bear Lake Blvd. Mayor Hansen said
that we will write out the reasons for this denial for Mr. Spencer. Council Member Huefner seconded the
motion. All in favor and the motion
carried.
DISCUSSION
REGARDING BEACH ACCESS, CHARGING A FEE AND GATING.
Mr. John Spuhler
explained that he worked on the beach access over the weekend and most of the
people are thankful for the work that they are doing to make the beaches safer and
cleaner.
There have been
comments from the local residents as to why they have to pay to use the
beach. We have also receive a few
letters from property owners complaining about having to pay to use the beach,
which the Council Members reviewed.
Mr. Spuhler said
that this is a worth while investment for the community and something that will
benefit the community.
Resolution
#R08-09, A Resolution to set regulations for charging for fees for beach access
and for setting beach access fees.
Council Member House
made the motion to accept resolution #R08-09 fees for the beach. Council Member Huefner seconded the
motion. All in favor and the motion
carried.
MISCELLANEOUS
ITEMS
Request to have
the marathon in the park next year, Cory and Jared Haddock
Mr. Haddock
explained that they did the marathon this year and there was only one little
glitch with the park issue because they wanted to go into the park before it
was supposed to be open. Mr. Haddock
will work with UDOT on the road issues.
They would like to do the marathon again next year on the 13th
of June. The Council said that would be
fine but they need to bring in more porta potties and have them set up at the
park.
Mr. Haddock will
need to reserve the park and they can do that right now. Also, they need to let us know in advance
that they are going to be in the park earlier than the park opens so that we
can let the adjacent property owners know that it will be earlier.
CDBG Grant
Project Update
Ms. Hislop explained
that we are still waiting for the environmental review from BRAG. We took it over the first of May and we are
still waiting. We need that to finish
the requirements for the grant. Mayor
Hansen said that he will contact Mr. Carver to see what we can do to get the
environmental review done.
Scenic Byway
Grant
Council Member
Huefner said that we are still waiting for them to make the decision, which is
scheduled for July 15th.
Update for new
library/Town Hall
The project at the
town offices is coming along really good.
They are sheet rocking right now and they will start to mud
tomorrow. It is looking really
good. We have had a great community
support to get this project done. We
have had over 60 individuals help with that project.
We will put the
other building out for bid. We will do
another advertisement and let them do a walk through and it will be a cost plus
project.
Review of letter
submitted by Gerald Hunsiker
Mayor Hansen read
the letter and stated that we are building these buildings for the people who
live here, not for those who come from other places. We need to work with the people who live here first and work the
others in where possible.
Request for a
lower flat rate, Allen Layne
Mayor Hansen said
that we are in line with every where else and we have already set our
rates.
Credit Card
Payments
We have had a lot of
requests for credit card payments. We
can do it through the Peachtree program.
The Council agreed that we need to make this an option.
Fireworks at the
park
We did have a lot of
illegal fireworks at the park on the 4th of July. The Fire Department will watch it close for
the 24th of July.
COUNCIL MEMBER
REPORTS
Council Member
Schnetzer stated that she is still working on the State Certification for the
library.
The plans for the
library are coming along. They may want
to get a computer so they can catalog the books before they move them.
Council Member House
said that he will do a bid for mowing at the Canyon Cove, all around it, and
along the bike path, and road sides.
Council Member
Huefner said that the mag watering did get done. She contacted the State and they said that they will not work
with the Town on paying for their cost.
She has made rules for next year so that there is not a problem like
this again.
Council Member
Huefner told Ms. Locey that they need a dumpster for their own garbage.
Council Member
Huefner said that she will work on a resolution that we suggest that only
parallel parking be allowed on Bear Lake Blvd.
There is a problem
at the Pickleville Playhouse and their parking and the access out of the
building. Council Member Huefner will
work on the parking issue with them and Mr. Kurek will work on the fire code
issues in the building.
We need to get a
list of the contact people for each of the short term rental properties. We will get that list to each of the Council
Members. The Council Members should
only contact the contact person and not deal with those who are renting the
properties.
Because of air quality
we can enforce anyone who is building that they keep the dust down.
Mr. Dale Brower is
requesting a sign at the top of 200 N. stating that it is a dead end and no
beach access. Mayor Hansen said that we
are not going to do that because there is beach access there.
PAYMENT
VOUCHERS
The bills and
vouchers were presented to the Council Members for their review and approval.
Council Member
Huefner made the motion to accept the payment vouchers as presented. Council
Member House seconded the motion. All
in favor and the motion carried.
EXECUTIVE
SESSION
Council Member
Huefner made the motion to go into an executive session at 9:45 p.m. Council Member House seconded the
motion. All in favor and the motion
carried.
Minutes of the
executive session are kept separate and will be approved by the Council.
Council Member
Huefner made the motion to end the executive session at 10:05 p.m. Council Member House seconded the
motion. All in favor and the motion
carried.
ADJOURNMENT
There being no
further business to discussion, Council Member House made the motion to close
the meeting at 10:05 p.m.
APPROVED:
_______________________________________
Kenneth Hansen,
Mayor
Attest:
______________________________________
Town Clerk