Meeting Minutes April 2005
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on April 14, 2005 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 7:00 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Kathy Hislop Troy Petersen
Sharlene Millard Carmen Madsen
Randy Erickson Mike Forrest
Margaret Satterthwaite Frank Smith
Mark Hislop Norm Mecham
Steve Hislop Mel Maynes
Gloyd Sprouse Loretta Fidler
BUSINESS LICENSE DISCUSSION AND APPROVAL
Built Rite Construction, Keith Johnson
Mr. Mark Hislop is representing Mr. Johnson. Mr. Hislop explained that Mr. Johnson has been living in the Bear Lake area for 6 - 7 years. He previously worked for Mr. Norm Mecham then decided to go on his own. He has his Utah Contractors license and wants a business license to conduct business in the valley. He has applied for the Utah sales tax number. He does have a Idaho tax number.
Council Member Price made the motion to accept the business license application for Built Rite Construction contingent upon Mr. Johnson receiving the Utah State tax number. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Bear Lake Property Management, Mark Hislop
Mr. Hislop explained that he would like to help contractors in the valley with their books and dealing with the customers. He will be consulting with property owners in the construction phase and doing books for the contractor. He explained that he did this type of work for Mr. Norm Mecham. The Utah state tax ID number and the Federal ID number are still pending. He has a letter from the Bridgerland Village HOA approving the business to be conducted out of his home. The Council reviewed the letter. He has registered with the state for his business name.
Council Member Leonhardt made the motion to accept the business license for Bear Lake Project Management. Council Member Gray seconded the motion. All in favor and the motion carried.
Café Lago Nate & Amber Parry, Jarvis Parry
Mr. Parry explained that they are opening a restaurant at the old Mazatlan Restaurant. It will be fast food, Mexican. They have been approved for a conditional use permit pending the Building Inspector. They have been approved for the lodging but the condition that motel rooms are in right now they probably won’t be used this year. Mr. Parry will update the siding and put on a new roof. The stipulations for the conditional use permit were 1. to have Mr. Chournos sign the conditional use application and 2. the Building Inspector and the Health Department will make sure they are up to code. ADA will be addressed and updated. They will use the same tax number as Quick-N-Tasty.
Council Member Leonhardt made the motion to accept the business license for Café Lago with the condition that the Building Inspector make sure it is up to code. Council Member Price seconded the motion. All in favor and the motion carried.
At the Lake, Nate Parry
Mr. Parry explained that they have an existing business license with the town, they will just be moving the mortgage office into the old Vic=s hardware building on 200 N. They want to make it a show room for builders. They want to sell home furnishings, pictures, wreaths, etc. They will not sell hardware supplies, just the finished product.
He has an agreement with Mr. Chournos that anything he wants from the property will have to fit in the storage unit. Anything that is left on the property that Mr. Parry doesn’t want will be going to the dump. Mayor Hansen said that he would like the trailers gone. Mr. Parry has agreed to have the county cleanup on his lot. Once that area is cleaned up he can level it out and put in some gravel and a little cement for parking. There will be plenty of parking.
Council Member Price explained that there is an agreement between the canal company and the town regarding the ditch. If the canal company wants the ditch re-opened then they will have to re-dig it out. The ditch does go on the north side of 200 north, in front of the buildings. He just wants to make Mr. Parry aware of the agreement. A culvert could be used to open the ditch. Mr. Parry said that he will deal with that when the time comes. He knows that it will be his risk in putting in the cement.
This is a request for a new business license for AAt The Lake@ and approval to move the mortgage office in the building. He does need Mr. Chournos= signature.
Council Member Gray made the motion to accept the business license for At the Lake with the stipulation that we are waiting for documents containing Mr. Chournos= signature. Motion died for lack of second.
Council Member Price said that we also need a letter stating that Mr. Parry will tear out the cement if the time comes that the town wants to open up the ditch or they can put the culvert in now. The town did not pave the entire right of way. Mayor Hansen said that the edge of the motel is pretty close to the edge of the right of way.
They will have gazebos and that type of furniture for sale but they will be kept in the back of the building. It will be like a little park. The front of the building is probably on the town right of way within one foot so they should put the things in the back of the building and keep it off the right of way.
Council Member Gray made the motion to accept the business license for At the Lake contingent on Mr. Parry providing a letter regarding the culvert as has been discussed. Also, the state tax ID number should be on file with the town. If they want to do paving in the front of the building, Mr. Parry should work with Council Member Wride because she is over roads. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
PurSuit, Tracy Watson
Ms. Sharlotte Wride represented this application. She explained that they are going to have 2 different locations and 2 different workshops, one in her home and one in Ms. Watson=s home. They will not be selling from the house. They will put their product in existing places.
They will be making specialty purses and fashion accessories. They won’t have any employees. They have their Utah state tax ID number and a letter from the HOA approving them to have the home business. They have the DBA number and the federal number.
Council Member Price made the motion to accept the business license for PurSuit for both locations. One business license for Ms. Watson and one for Ms. Wride. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Holey Cow (Hole in One), Krista Klein
Ms. Klein explained that they changed the name from Hole in One to Holey Cow. They will have homemade donuts, soft drinks, cocoa, mocha, etc. It will be in the main building of Bear Country Village. They will lease about 300 square feet in the main building. They will have two or three tables and benches out front.
Ms. Klein has talked to Mr. Kent Korgenski about the fence issue. The fence actually was on the Korgenski property and when he started the project he took it down. Mr. Korgenski said that they will replace the fence but he is waiting until they finish the project because they want to get the tractors through there. It just doesn’t make sense to put up the new fence right now. Commission Member Hodges said that the CUP was approved contingent on the fence being installed.
They hope the building will be done June 1st but most likely July.
Council Member Price suggested that we issue the business license contingent on the fence being replaced. Council Member Wride would like a letter from Mr. & Mrs. England agreeing that they are satisfied. Ms. Klein said that the fence wasn’t not even on the England=s property so the Korgenski=s are being very good to work with them.
Commission Member Hodges would like a time limit on the fence being completed. The Council said that Ms. Klein won’t be in business until the fence is done.
The business headquarters is in Laketown where she lives. That is where they will do the book work.
Ms. Klein is getting her federal tax number and the sales tax number. The sales tax number needs to be registered to Garden City. Mr. Korgenski signed as the owner on the conditional use permit application.
Council Member Price made the motion to accept the business license for Holey Cow contingent on her getting the federal tax number and the state sales tax number, and the sales tax number must be registered in Garden City. She also must obtain the conditional use permit before the business license is issued. Council Member Gray seconded the motion. All in favor and the motion carried. The fence is a condition of the conditional use permit.
BUTTERCUP SUBDIVISION SID
Ms. Wride stated that she is acting as a member of the Buttercup Subdivision, not a Council Member. Mr. Mike Forest said that the HOA took a vote last summer to determine if they should pave the roads in Buttercup Subdivision. The vote was to leave it up to the management committee to come up with the most feasible way to pave the roads. One of the options was to create an SID and work with the town to pave the roads. Another option was to use private funding or a bank loan to get the roads paved. They want to create the SID and work with the town. There are a couple issues that need to be worked out between the town and Buttercup. One issues is how to address Buttercup Blvd and Buttercup Lane. Mr. Forrest drafted a letter that the Council has reviewed.
Mayor Hansen said that a couple of years ago Mr. Bryce Huefner came to him and said that the town needed to pave the portion of Buttercup Lane as far as we own because the HOA was going to pave the rest of their roads. The Town did pave that portion of road and then nothing materialized on the rest of the roads. The SID then was requested by the HOA. The agreement at that point was that the Buttercup HOA was to pave the roads and improve them. The Town would administer the SID and then the roads would be deeded to the Town.
Council Member Gray said that his concerns is #1 how we could proceed to make it consistent, there are other areas that we have obtained property without these other situations. He feels that the members and the residents in Buttercup have just as much to gain as anybody else. In order for this to be successful we all need to work together. He said that he is missing the win for the town. Mr. Forest said that if we create an SID and the roads are turned over to the town, the town would get revenue for the improved roads. The town would prosper in that way. If an SID isn’t created and the town wants to take Buttercup Blvd the town would have two choices, the town would have to buy the property from the HOA or it can be taken by eminent domain. 300 west will certainly impact the property owners in that area. There is a benefit to both parties to work out a compromise. Mayor Hansen said that the same argument on a windfall is the same argument for the property owners in the subdivision, because they won’t have to put up the money for the maintenance. Mayor Hansen said that he has never seen B&C road funds keep up with the money that has to be spent on road maintenance.
Mr. Forrest said that if they do pave the roads he feels that they will hold up to the use. If 300 west was not a part of the Town Master Plan then it really isn’t a good aspect for the mobile home part of the subdivision because they don’t want that through there.
Mayor Hansen said that they need to consider one thing, that if we allow this we will set a precedence regarding people donating property for 300 west. Ms. Wride said that they have asked for a donation of the property and then have the Town pay for paving. Mayor Hansen said if the Council chose to go that route it may be many years before we get to the point of paving that section for 300 west.
Mayor Hansen explained that the park section was once owned by the town and then it was given back to Buttercup. He said that he would have a hard time paying for property that we donated to the HOA.
Mr. Mel Maynes said that the people that are donating the property on north section of 300 west have a lot to gain. The people in Buttercup Subdivision have nothing to gain other than a road. Mayor Hansen said unfortunately going through Buttercup is our only option for 300 west. Mr. Forrest said that they know that we have put the road in the best place in the town. If they keep the roads private then there would have to be some compensation and we would have to foot the bill.
Mayor Hansen asked what is fair market value for a road? The property hasn’t even been appraised for the road.
Mr. Mel Maynes explained that when 300 west comes through there the common area will not be sufficient. They are requesting that the Town purchase lots 76 - 83 to exchange for their common area. The lots are available right now. The Council suggested that we waive the common area requirement for that subdivision. Ms. Wride said that they don’t want that requirement waived, they want the open space. Mayor Hansen said that then puts a burden back on the town to pay for property that we donated back to the HOA.
Mayor Hansen said that we have always had a good longstanding relationship with Buttercup. He was on the council when they went bankrupt.
Council Member Leonhardt said that we have a lot of work to do before we even talk about paving. He is not comfortable with this proposal. The Town Council can make a counter proposal. Ms. Wride said that they are under a time frame, they want to pave in July but certainly before September 15th. They also have to do public noticing, etc. They need to have a deal done within the next 30 days. This item will be on the next Town Council meeting. Ms. Wride would like an agreement for next month. She requested a deadline of the next month’s Council meeting.
This annexation is to bring island properties into the town limits. Mr. Gloyd Sprouse is opposed to the annexation of his property. He said for his future use he can see no benefit to annex his property into Garden City. He wants to run 50 head of cows there and the town will dictate what he can do with his property. Also, he doesn’t want to pay more taxes. He doesn’t see a benefit to annex.
Mayor Hansen asked for someone to go and talk with Mr. & Mrs. White, Chevron owners, and the cemetery representative to talk to them about annexing. If the Whites are negative he would like the latitude to annex the property for the owners who want to annex. We still can’t make any islands. Council Member Wride said that we need to do what we can as long as we meet the requirements for an annexation.
Mayor Hansen and Council Member Gray will meet with the Whites to discuss the annexation. If they receive a negative response then they have the latitude to go forward with an annexation of the other properties.
Council Member Wride made the motion to proceed with annexation of said properties and if the get a negative response then to go forward with the properties that are in favor of the annexation. Council Member Gray seconded the motion. All in favor and the motion carried.
The SITLA property
The State Trust Lands is requesting an opinion of whether Garden City wants to annex property they own which is above Bridgerland Village, past Rocky Point and up to the highway. It is almost up to the look out. SITLA is willing to annex the property into Garden City. Eventually it will be sold to a private individual to be developed and Garden City should have some say of what is done with that property. They do have water rights.
There is approx 320 acres. It is contiguous to Bridgerland Village which is in the town limits. It is not within our annexation policy so we would have to amend the annexation policy. If we don’t annex the property the county would have to deal with it and they will set the stipulations. SITLA would trade the Town water rights to annex so they don’t have to drill a well. Commission Member Hodges asked how we would get water there? Mayor Hansen said that they would have to work out an agreement with Mr. Wilson, Bridgerland Village. Mr. Wilson will eventually want water from the town for his development.
It wouldn’t be a detriment to the town to bring in that property. Mayor Hansen said he doesn’t have an opinion either way, he doesn’t see any negatives. Council Member Wride said that they would have to know that they will have to come to the water system.
The council would like SITLA to come to a meeting so they can get more information. If they want to sell the property it would be worth more money if it is in the town.
Council Member Gray made the motion to invite SITLA to a Council meeting to explain the reason for the annexation and bring some maps of the area. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Elk=s Ridge Subdivision, Frank Smith
Mr. Smith explained that he is here because he was told that if he was going to divide any property he had to come to the Town Council for approval. Mr. Smith has two people interested in purchasing the property for phase II of Elk=s Ridge Subdivision. He understands that if they do purchase the property they have to abide by the conditions that have been set for the subdivision. Mr. Smith will still be involved in developing the property and this would just be for phase II. He said that he may just keep the property and develop it himself but he wants to be ready with it subdivided just in case he can sell it.
Commission Member Hodges said that the Planning & Zoning Commission had a question about the water tank. Mr. Smith said that the water tank is in phase III. Commission Member Hodges said that conceptual plan was approved and the subdivision was approved. Whoever buys the property will have to adhere to the conceptual plan for that subdivision. If Mr. Smith can sell the property it gives him some funds to do more of the project. Mr. Smith said that the legal documents will tie the property to the conceptual plan of Elk=s Ridge.
Council Member Wride said that she doesn’t feel comfortable with this plan without getting some legal advice. Mr. Smith said that when he subdivides the phases he will have to come to the Planning & Zoning and the Town Council for approval. Council Member Wride would still like some legal advice to make sure it is done properly. Council Member Leonhardt suggested that Mr. Smith provide a legal document stating that when someone purchases the property they fall under the requirements of the conceptual plan. Mr. Smith agreed with that and he is willing to have that document drafted. He wants the whole area to remain the same as his original plans for the development of Elk=s Ridge. He just wants to be prepared if someone wants to buy that property.
Council Member Wride said that she is not against him doing this she just wants to make sure it is done right. Mr. Smith said that if he does sell the property he will bring in the documents. Council Member Wride said that she still wants legal advise. Council Member Gray said that he doesn’t have any comments regarding this issue. Council Member Price thinks that if we get a legal opinion as to the wording we need in the letter he can’t see anything wrong with it, we just need to satisfy any questions. Mayor Hansen said that we are only bound by what has been approved and recorded. Any future phases has to come through the Planning & Zoning Commission. The Council agreed that we need to get the correct wording from our attorney to bind it to the conceptual plan. We also need to make sure that the water tank site is not in this area. Mr. Smith said that it is not in this area.
Council Member Price said that Mr. Smith can bring in a partner and go on with the project without subdividing, but if he sells the property we need a statement that the new buyer has to follow the conceptual plan for Elk=s Ridge. Mr. Smith stated that the people he will sell to, their intention is to develop the land.
Council Member Price made the motion to approve the subdivision with the stipulation that the person the property is sold to will sign the agreement worded by our attorney to follow the original plan. Mr. Smith will have to pay the cost of our attorney. This is subject to the plan that was submitted to the Town. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Subdivision, Mel Maynes
Mr. Maynes stated that this request has been approved by the Planning & Zoning Commission and sent on to the Town Council for approval. He has received an offer to purchase the property where Jesse Kimballs home is so he needs to divide that from the other property. He also needs to divide the property where the storage units are.
300 feet along the front is zoned commercial the remaining is recreation residential. Mr. Maynes stated that the boundary discrepancy has been resolved. Council Member Wride stated that when he subdivides lot 4 in the future, he will need two exits.
Mr. Maynes said that he feels we really need to address the minor subdivision ordinance, the state code allows 9 lots and a balance for a minor subdivision. He suggests we allow 4 lots and a balance to be divided twice on the same property. After it has been subdivided twice then it has to be a full blown subdivision.
Mr. Maynes said that he also owns the right of way on the north side of the property. He has tried to allow for plenty of ingress and egress.
Council Member Leonhardt made the motion to accept the minor subdivision for Mr. Mel Maynes. Council Member Wride seconded the motion. All in favor and the motion carried.
Cherimoya Subdivision, Norm Mecham
Mr. Mecham stated that this is just a realignment of the phase lines of the subdivision. Mayor Hansen stated that he has a conflict of interest as a part owner in this subdivision. Mr. Mecham stated that this is the new phase I. He does have two accesses on phase I. He said that it has been to the Planning & Zoning Commission and they didn’t have any stipulations on this phase.
Council Member Wride said that her concern is Hodges Canyon Road, it is not sufficient for the subdivision. She said that our agreement with the property owners along Hodges Road was to widen this road. Hodges Lane has been recorded and we do own all the property for that lane. We do have agreements between the Hodges to straighten that out and widen the lane.
Council Member Wride needs advise and direction of what the Council wants her to do to improve the road. Council Member Leonhardt said that is another discussion, not part of this subdivision request. Council Member Wride said that it involves the subdivision because the road is not sufficient and not safe.
Mr. Mecham said that they have started to put in the utilities and the roads are roughed in for the subdivision.
The burden is on the town to improve Hodges Canyon Road. We need to do that and find the funds to do it. Council Member Price said that he is not too concerned with that until we start getting more traffic in there. Council Member Leonhardt said that we have already approved this and we are working towards getting the road there. We shouldn’t hold up the developer on this. At this point the road is okay and safe for right now. Mayor Hansen said that the Hodges are expecting us to do something with that lane this year, that was the agreement. Council Member Leonhardt feels the lane is a topic for discussion at another time not with this approval. Mayor Hansen said that he and Council Member Wride will take a look at Hodges Road for next month.
Council Member Price made the motion to approve what changes have been made in this development for Cherimoya Subdivision. Council Member Leonhardt seconded the motion. All in favor and the motion carried. Mr. Mecham clarified this as the final plat of phase I, Cherimoya Subdivision.
SURVEY ON HODGES BEACH ROAD
Commission Member Hodges said that she has some of the original documents and all of the original plats from Mr. Mark Hodges. Mayor Hansen said that from his discussion with the town attorney we are on good ground with this complaint. The letters that we received from Mr. Baileys attorney are of no basis. The Town is only trying to extend a public right of way and purchase a piece of property from a private individual. The Rich County Recorder indicated that the other party involved knows very well where the issues stands. Ms. Marilyn Adams from Rich Title stated that Mr. Mark Hodges is the property owner.
Commission Member Hodges showed the plat in question, which is a true copy of the original plat for Hodges Subdivision. The property in front of the lots that go to the beach is not a part of the original subdivision. We are trying to acquire a small triangle that will bring the public right of way to the beach.
Council Member Wride said that we have talked about surveying the accesses many times. Mayor Hansen said that we should have Mr. Jeff Hansen go ahead and survey the rest of the accesses in that area. Council Member Gray said that he is working on acquiring a permit to see if we can extend the drain ditch pipe down that access so we can tell Mr. Hodges that we made an honest effort to do that.
GARDEN CITY PARK PROJECT BOUNDARY LINE AGREEMENT.
Mr. Jeff Hansen did a survey for a person that owns a lot in the Lido Point Subdivision which is adjacent to the Garden City Park. The new survey shows that the boundary lines are not according to the lines of the fence that is there. Council Member Wride said that she had to draw the park, and the legal description was off just a little bit but not what this drawing shows. Mayor Hansen stated that we did do a boundary line agreement with Mr. Gloyd Sprouse on the north boundary line.
The new survey shifts the property line to the south. The way it is now it doesn’t fit with the Lido Point Subdivision so they want a boundary line agreement with the town to establish where the boundary line is now.
The Council agreed that they don’t have a problem doing a boundary line agreement for that south boundary with Lido Point according to what is there now. Council Member Gray will work on this with the surveyor.
Council Member Leonhardt made the motion to allow Council Member Gray to take care of this issue. Council Member Gray will call Mr. Jeff Hansen to make sure everything is okay. Council Member Price said that he needs to bring a complete understanding to the next Council meeting. Motion Died for lack of second.
SWAN SPRING WATER PROJECT UPDATE
The turbidity has been between .04 to .091 so it is way under the maximum of 5.0. This will be a good year to test because of the high run off. If we can get through June and stay below the state maximum then we will have to start on the water shed protection plan. Mr. Anderson is doing a good job keeping up with all the reports.
TENTATIVE BUDGET DISCUSSION
The Council reviewed the letter from the Beautification Committee requesting an increase in their budget amount for the next year. They are requesting an increase from $14,000 to $22,000 for next year. They have some good plans for next year and the money will be spent well. Their first priority is to purchase and plant additional flower barrels and spread them through out town. The cost estimate for the additional barrels is $1,700 - $2,500 for a total of 45 barrels.
Their second priority is to buy a variety of flags for the barrels. They have the American flag for June and July and they want to purchase flags with a raspberry emblem for August and flags with fall Leaves for September and October.
Their third priority is to have some benches carved to place around town. They can be carved with bears, moose or raccoons. The benches will have some minor maintenance costs. The benches are $2,500 each.
The fourth priority is to have a large Bear Lake Monster statue. The Bear Lake Monster would be over 8' tall and 10' long and would be sitting on a pile of rocks surrounded by a pool of water. It will take about 2 months to complete. The price quote is $15,000 and $2,000 for the base. The wood will give it a little more character and it will need some maintenance.
Council Member Gray said that they have some great ideas. Their hearts are in the right place. The Council agreed that there is nothing proposed that is not the way they want things to go. Mr. Mark Hislop said that he is okay with the benches and barrels but felt that $15,000 for the Bear Lake Monster is a lot of tax payers money. Commission Member Maynes said that a lot of towns have light poles like what we have talked about in the past. He suggested that businesses purchase the light pole and they can put a banner on it advertising their business in town. Commission Member Hodges asked about enforcing the nuisance ordinance on cleaning up properties. She said that was the purpose of the ordinance, to take care of some of the unsightly property. Mr. Norm Mecham said that he felt people would donate money for the benches if they have just a little plaque on the bench.
Council Member Gray said that just the bit of advertising that Mr. Brian Hirschi did with KSL was broadcasted worldwide. People perceive the Bear Lake Monster as our icon. He likes the idea of the statue but he is concerned about it being 10' tall because of the safety issues. He just likes the concept. The monster is really the icon and part of our early history.
One problem that we have with the whole idea is where would we put the statue. Also another concern is the budget. We have a lot going into roads right now. Council Member Price feels that we can do the benches this year and the statue would be a good thing eventually. Do the smaller projects to start with. We can even do twice as many benches the first year. We shouldn’t loose that idea.
Council Member Price will look at the budget to see what we can do to increase the line item for the beautification. The budget is looking pretty good right now.
Mayor Hansen said that we need to make sure that we adjust for the increase in the valuation of properties. Council Member Price said that will definitely be included in the budget.
Youth Council Scholarships
Mayor Hansen said that we are getting some pretty good participating from the Youth Council. They will be involved in the library project. They worked with the Christmas program and the Easter program.
The proposed scholarship program was reviewed by the Council. The Council agreed to include this with the budget.
We need some type of sound system for the big events. The Council agreed to try to pick one up in this budget.
Basketball standards at the park
The basketball standards at the park need to be replaced. We need good heavy-duty standards. Council Member Gray will include that into the budget. There is still money available in that line item on this year’s budget. Mr. Mark Hislop said that he is willing to work with Council Member Gray to get that done this month. The council agreed. They will also coordinate with Mr. Andersen.
The Christmas decorations took a lot of abuse with the snow this year and they need to be updated.
We should reconsider increasing the mileage reimbursement because of the increase in gas prices.
DISCUSSION REGARDING AMENDING THE ARCHITECTURAL STANDARDS ORDINANCE.
Mayor Hansen said that this discussion has been beat to death. He doesn’t want any more discussion on this issue he just wants a solution. Council Member Gray said that he agrees with the Mayor. He has been approached from two different sides and there is an equal number of people in favor and opposed to the ordinance. He does not want to discount the time people have spent to create this ordinance. He suggested creating a separate council or group of individuals to come up with a solution. He feels that there are three options; 1. to have the ordinance stand as it is, 2. to apply it to 300 west only, 3. Or to do away with all together. The solution could come from any one of those options. He would like to see a time limit to complete this issue.
Sometimes we make decisions in the planning process that maybe we didn’t look at every possibility. Mayor Hansen said that there is another issue. We are concerned about the type of building that will be in the commercial zone, but according to the ordinance we have no issue with metal buildings in residential right now, what is the difference?
Council Member Leonhardt said that the same group or committee can look at the architectural standards and make it fit the whole town for their three months of revenue. Council Member Leonhardt said that he needs to know what the cost difference would be between a building with the architectural standards and one without. He agrees with assigning committee. He said that the committee that put the original ordinance together did a lot of hard work. He feels that the ordinance needs something done to it and we should put a group of people together to revisit it. Mayor Hansen suggests that we give them criteria to look at such as economics and if it is feasible to go with the standards based on the revenue. Also, should the committee be comprised of business individuals? We should have a balanced group. Council Member Leonhardt asked what we do in the mean time, is the ordinance still in force or is it set aside for a while and how do we deal with the person that needs to build now. The Council agreed that they will have to build with whatever ordinance stands and they will have to operate under that ordinance. Council Member Leonhardt feels that this ordinance needs to remain as is until a decision is made. Mr. Erickson said that he hasn’t had anybody turn in a building permit that falls under this ordinance.
Council Member Gray asked how this ordinance expand beyond 300 west if the original intent of the ordinance was for 300 west only? Council Member Leonhardt said that the Council approved it as such. Council Member Wride said that it was the consent of the committee as a whole to do it for all of the commercial areas, but they were only an advisory task force.
Council Member Wride said that she would consider tweaking the existing ordinance a little but she suggests that we not change the standards we just make more than one commercial zone with their own set of standards. Every area in town has their own needs but we have made one way throughout town. We have only one commercial zone and that is it. Mayor Hansen said that he is not opposed to that idea but that will take a long time to do.
Council Member Price said that his concern is the financial impact we have put on the businesses. He feels that we should alleviate that burden. Council Member Leonhardt said that is why we said 300 west only is because those people agreed to the standards. They wanted a different standard in that area.
Council Member Price said that if we set a standard in one area it will go throughout the town on its own. At that time it will be easier for us to put that standard through town.
Council Member Price feels that amending the ordinance is the responsibility of the Council and we should take care of it.
Mayor Hansen allowed the audience to make comments regarding this ordinance. Commission Member Maynes said that he feels there are some problems with the architectural standards. He named a few issues with the roof requirements. If this ordinance creates a financial burden then the Town Council or the Planning & Zoning Commission can determine to require the builder to do 50% of the building according to the architectural standards. He suggested that the Town Council allow a 10-day period for people of the town to give written comments regarding the ordinance.
Mr. Mark Hislop suggested that the Town Council rescind the ordinance and draft another ordinance exempting Foothill Estates from the architectural standards. He said that Foothill is the main focus right now. Council Member Leonhardt said that is true right now but it could become a domino effect. Mr. Hislop said that was true but they would have to show just cause.
Mr. Steve Hislop asked why a residential building can be a metal building but a person that is here doing the community thing and trying to make a living not be allowed to do a metal building. There is definitely a lot different cost between a metal building and an architectural standard building.
Mr. Troy Petersen said that he agrees with Commission Member Maynes and the requirements should go all through the town. He has never said that he wants the town to go to garbage or to dissolve the ordinance. He said that delaying this by having to create another committee is not a good option because people are going to have to start following the ordinance because of the season.
Council Member Leonhardt said that there are already some businesses following the architectural standards.
Commission Member Maynes said that no matter what we do there will be 4 or 5 that set the standard and everyone else will be upset.
Mr. Erickson said that if it is too expensive to build anywhere else, it will be too expensive to build on 300 west. He feels that the ordinance is a good ordinance but we need to get the cost down and still have something very nice.
Mr. Norm Mecham said that it seems like we almost resolve the issue is by the comments from Commission Member Maynes. There maybe some combination that we can come up with.
Mayor Hansen said that he is not opposed to the Council taking care of this issue. He would like to have people send in their ideas to the Board then this Board can make the decision. All the comments need to be by letter. We need to post the legal notice in the newspaper and post it at the post office, etc. All comments need to be received in the office before the special meeting.
Council Member Price would like input from the community.
Mr. Mark Hislop said that if the intent of the ordinance was just 300 west in the beginning maybe that=s where it should stay. He agrees that it should encompass the rest of the town, but maybe it could just go east from 300 west to the lake and exempt everything west of 300 west.
Mr. Steve Hislop said that there are people on these Boards that have built metal buildings in the past because of the cost. We need to reach some kind of middle ground.
The Council agreed that we need to get the comments in writing before the special meeting. We will have a special meeting for the purpose of discussing the comments and coming to some type of decision. Before the next Town Council meeting we can have a public hearing. We will do the postings for that public hearing. We need to get comments in writing also from the Planning & Zoning Commission before the special meeting. Council Member Price said that he appreciates the time that the committee and the Planning & Zoning Commission spent on this ordinance. The special meeting will be held on Thursday the 28th at 6:00 p.m.
ORDINANCE DISCUSSION AND APPROVAL
Ordinance # 05-02, Signs
Council Member Price made the motion to accept ordinance #05-02, Signs, as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #05-03, Building Regulations
Council Member Leonhardt made the motion to accept ordinance #05-03, Building Regulations, as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #05-04, Zoning
Commission Member Maynes said that he feels we need to have the attorney look at our codes.
Council Member Price made the motion to approve ordinance #05-04, Zoning. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #05-05, Community Commercial Zone
Mayor Hansen said that we received a memo from Mr. Dave Church, the attorney for the League of Cities and Towns, in light of the boys ranch coming to Garden City. Mr. Church had some comments in conjunction with the town attorney. Mayor Hansen read through their suggestions of how we need to fix our ordinances. Mayor Hansen said that he would like Mr. Church and our attorney look at our ordinance to help protect us from those type of things. The Council agreed to have them look at our ordinances.
Council Member Leonhardt made the motion to have the town attorney and the Utah League of Cities and Towns look at the zoning ordinance and give us some suggestions. Council Member Wride seconded the motion. All in favor and the motion carried.
Ordinance #05-05 was tabled for further comments from the attorney.
Ordinance #05-06 was tabled for further comments from the attorney.
Ordinance #05-07 was tabled for further comments from the attorney.
Ordinance #05-08 was tabled for further comments from the attorney.
Council Member Gray stated that the ATV Committee would like the Council to provide input regarding the final draft for the ATV. The state code gives the town the authority to make these rules. The committee decided to make all the town roads open to ATV use. There needs to be signs designating ATV access. The intent of the ordinance is to invite that type of use to get to and from the town and to providing access to the businesses and to the beach. Speed limit will be set at 5 mph.
The Council agreed that this ordinance needs to go to the Planning & Zoning Commission for their recommendations and to public hearing next month.
Mayor Hansen stated that we need to update our road policy and we need to be vigilant in inspecting roads and water lines, even in a PUD. We are responsible for the quality of the water until it comes out of the homeowners tap. The Council agreed.
COUNCIL MEMBER REPORTS
Council Member Wride explained that the design of 300 west is underway with Sunrise. The exact location of the intersection is still to be determined. Frehner Construction is working on filling in the Circle C pit until we are ready for the fill material. The easements are being worked on. Sunrise will be working on the traffic study for the intersection, which will cost about $6,700.
Council Member Wride said that she has some concerns regarding 300 west and the Lockwood project. UDOT requires a traffic impact study, which we should see or at least have Sunrise review it. She is concerned where Mr. Dennis Bullock and Mr. Christopherson are putting the ATV trail right next to the highway. She is concerned about safety. They are using 300 west as one of the required roads but that doesn’t even exist yet.
Frehner Construction said that they may have gravel to use for road base for 300 west. They will also be ripping up a ton of asphalt and that makes the best road base you can get. The town may have to pay for the crusher but that will be a great possibility for our road.
She is not having any problems with the property owners along 300 west.
CDBG FINAL APPLICATION
There have been some changes to the final CDBG application. Now we will just be going for property acquisition for the library.
Council Member Gray made the motion to allow Council Member Leonhardt and Ms. Hislop work on the grant. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
The park project looks good. They are coming along pretty good. Next week they should have all of the blocks on the major walls. They did get some handicap bars for the restroom.
We need to send a letter to Ms. Tammy Calder thanking her for her work on the Easter egg hunt.
The Spring Clean up will be May 16 and 17 in Garden City. The place will be along 200 north and 50 west.
Mayor Hansen reported on some of the changes made to the RDA rules.
Mayor Hansen said that it is time to bring Mr. Mark Price back to help Mr. Andersen. We also need to look at our “Personnel Paid Leave Accounting Policy”. The Council agreed to start him on Monday. Mayor Hansen would like to look at the comp time policy. We need to change the policy.
BUILDING INSPECTOR REPORT
Mr. Randy Erickson said that he thinks the problem has been fixed in the Blazer. He put in a new fuel pump so now it starts.
We sent out a notice in the water bill explaining that there has been a lot of damage to pipes and we ask them to look and make sure their pipes are not damaged before they start their stoves.
There was a lot of damage due to snow this year and Mr. Erickson keeps finding more damage.
The new building permit application has the deposit on it now. We will get the new application and the sign permit application on the web site.
Building permits are starting to increase. We are getting about 1-2 new permit applications per day.
Mr. John Nelson has been here on Thursdays to help. Trendwest will be coming soon and that will be a big permit. We may need to look closer at the drainage through Trendwest because the canal company is under no obligation to transport that water in their canal.
Council Member Price asked Mr. Erickson to have the new valuation as near as we can get it before the next meeting. We need to figure anything that has a property tax July 2004 to June 2005. We can estimate the end of the year.
COUNCIL MEMBER REPORTS
Council Member Leonhardt said that we had the Raspberry meeting and things are going well.
Council Member Price said that we just need to get the budget figures done.
Mayor Hansen said that they will have the ground breaking ceremony for the highway project on the 21st. Mayor Hansen will give a little speech.
APPROVAL OF THE MINUTES
Public Hearing, March 10, 2005, 5:30 p.m.
Council Member Price made the motion to approve the minutes for the public hearing held on March 10, 2005 at 5:30 p.m as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Public Hearing, March 10, 2005, 5:40 p.m.
Council Member Leonhardt made the motion to approve the minutes for the public hearing held on March 10, 2005 at 5:40 p.m as written. Council Member Price seconded the motion. All in favor and the motion carried.
Public Hearing, March 10, 2005, 5:50 p.m.
Council Member Gray made the motion to approve the minutes for the public hearing held on March 10, 2005 at 5:30 p.m as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Public Hearing, March 10, 2005, 6:00 p.m.
Council Member Price made the motion to approve the minutes for the public hearing held on March 10, 2005 at 6:00 p.m as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Public Hearing, March 10, 2005, 6:10 p.m.
Council Member Gray made the motion to approve the minutes for the public hearing held on March 10, 2005 at 6:10 p.m as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Public Hearing, March 10, 2005, 6:20 p.m.
Council Member Leonhardt made the motion to approve the minutes for the public hearing held on March 10, 2005 at 5:30 p.m as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Public Hearing, March 10, 2005, 6:30 p.m.
Council Member Leonhardt made the motion to approve the minutes for the public hearing held on March 10, 2005 at 5:30 p.m as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Regular Town Council Meeting, March 10, 2005
Council Member Price made the motion to approve the minutes for the Town Council meeting held on March 10, 2005 as written as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Executive Session, March 10, 2005
Council Member Leonhardt made the motion to approve the minutes for the executive session held on March 10, 2005 as written. Council Member Gray seconded the motion. All in favor and the motion carried.
There being no further business to be brought to the Town Council, Council Member Price made the motion to adjourn the meeting at 12:05 a.m.
Kenneth Hansen, Mayor