Meeting Minutes August 2004
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on August 12, 2004 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
Mayor Hansen thanked everyone for attending the Town Council meeting this evening.
BUSINESS LICENSE DISCUSSION/APPROVAL
Bear Lake Quilting & Scrapbooking Retreat, Sue Lantz
Ms. Lantz explained that this is just a retreat. It will be for adults and will last about 48 hours each time. It will be held Thursday through Saturday. It will be in the same house as she is living in now, which used to be Rocking Chair Ranch. The fees will include meals and lodging. Council Member Wride said that home occupations are not allowed in Beach Development. Mayor Hansen said that anything other than single family dwellings is a conditional use. The Council read through the beach development ordinance. That home has been a business for years. Mayor Hansen explained that this business request would require a conditional use permit from the Planning & Zoning Commission. Ms. Lantz will get on the Planning & Zoning Commission agenda for their September meeting.
Bear Lake Day Rides, Jim Loveland
Mr. Loveland is not in attendance at this meeting so this item is tabled.
TRANSIENT BUSINESS LICENSE DISCUSSION/APPROVAL
Burris Enterprises, Allen Burris
Mr. Allen Burris explained that he has a business in Logan that is a sandwich shop and a deli. They have an event trailer that they take around to various events and they would like to bring it to Garden City. Mr. Burris explained that in April he came to see what they had to do for a transient business license and was given information from the ordinances. Mr. Burris explained that they took 60 days to put together what they needed for a transient business license. They called the last part of June or July and by then the ordinance had been changed. The purpose of him being here is to ask for an exception to the new ordinance. He was trying to comply with the old ordinance. He is requesting some mercy or an exception in this case.
Mr. Burris showed a picture of the trailer. He would like to place the trailer on the southwest corner of Logan Road and Bear Lake Blvd. He explained that Mr. Bashford, from The Bears Den, leases the property from Mr. Winegar and he has agreed to allow him to be on the same property. They don=t cook anything in the trailer they just make sandwiches. Council Member Price asked about parking. Mr. Burris said that Mr. Winegar owns through to the other block and there is plenty of parking in the back. He said that people can park on the grass. Council Member Wride said that Mr. Bashford has chosen to use his parking for display.
Mayor Hansen explained that all food establishments are subject to conditional use in the town. When Ms. Fry requested a conditional use permit for the same type of business she was required to have a permanent structure that would be hooked up to the water and the sewer, etc.
Council Member Leonhardt said that if we allow this then there will be more people coming and wanting to do the same thing, then it will be a transient business type town. We don=t want to see trailers and that type of business in town. We would rather they come in and do a nice business. Council Member Wride agreed. Also, the parking wouldn=t be sufficient there. The customers would be parking on the side street and using the church parking lot, etc. There is not an established parking area for this business.
Mr. Burris explained that he just wanted to make his case to the Town Council. He said that the change in the ordinance caught him unfairly. Mayor Hansen said that he would have to go to the Planning & Zoning Commission for a conditional use permit. If he is approved by the Planning & Zoning Commission then he can come back to the Town Council for a transient business license.
DIVISION OF DRINKING WATER
Swan Spring Water Project, Ken Bousfield and Frank Roberts
Mayor Hansen explained that this meeting is in reference to the discussion that Ms. Laraine Pace had with Ms. Diane Nielson, the Director of the Division of Drinking Water. Mayor Hansen wrote a letter to the Division of Drinking Water requesting information about why the state has not adopted the filter avoidance part of the EPA rule. Ms. Laraine Pace discussed this with Ms. Diane Nielson and that is why Mr. Bousfield and Mr. Roberts is attending this meeting.
Mr. Bousfield explained that the state implemented part of the EPA rule which identifies potential surface influenced systems. The State decided not to implement the second part of the rule which is the filter avoidance rule. He would like to look at what the avoidance criteria is and try to work out the differences with Garden City. They are willing to try to determine if we qualify for the avoidance criteria. If so they are willing to accommodate that part of the EPA rule, and they will put that in writing.
Mr. Frank Roberts presented a slide show for the filtration avoidance criteria. He explained that there is specific criteria included with this rule which include, water source, quality conditions, site specific requirements, disinfection requirements, etc.
Mr. Roberts explained the water shed control program. We would need an agreement with the federal forestry for the watershed area.
Mr. Bousfield stated that Garden City has a deadline of August 2004 to put in the treatment plant. The state is proposing an agreement with Garden City to see if we can meet the requirements of the filtration avoidance criteria. If we can meet the requirements they would commit to change the rules so we can fall under the filtration avoidance part of the rule. Our part of the agreement would be that we do the following: continuous turbidity monitoring, weekly coliform monitoring, monthly chryptosporidium monitoring. There could be three outcomes to the monitoring, 1. Failure to monitor, then we would have to install treatment. 2. Sample results show that we need treatment, 3. Sample results shows that we don=t need treatment, then the state would change their rules. They are proposing an agreement tonight as to concept, then they would go back and draft the agreement. Once they have a drafted agreement they will send it to us for our approval.
Mr. Bousfield explained that the August deadline is being monitored by the EPA also. They have agreed to allow the state to enter into this agreement.
Council Member Price asked how we would determine the water shed. Mr. Roberts said that was done in the source protection plan, which determined that it is 2 miles, but that was not determined scientifically for this area. A geologist did a die test in this area, and he feels that it is 6-8 miles up towards the sinks. There is a good deal of that area soaking down and coming through the limestone and going to the spring. We have the largest spring in the state and one of the largest springs in the west. The state will propose in the agreement that one of their geologists and our engineer determine where our water shed area is.
Mayor Hansen asked if the people below the spring are a concern for the water shed area? Mr. Bousfield said that it is just the area above the spring. Council Member Wride asked if it would be practical to fence the water shed area once it is determined? Mr. Bousfield agreed that may be an option.
The town would carry out the monitoring of the spring and the costs for the monitoring. The state would accept the test results from a certified lab. This would all be set forth in the agreement.
The Council agreed that we should look at this agreement from the state. Mr. Bousfield said that it will be in the agreement that they will modify the rules if we qualify.
Mayor Hansen said that we appreciate the state for giving us the opportunity to do this, it is a positive thing.
200 N DISCUSSION, Dale Brower and Russ Swaner
Council Member Wride explained that there is a concern with the 200 N beach access. Mr. Brower owns a strip of land on that road that is approx 20' x400'. A few years ago there was an agreement that the Town pave that strip. The citizens in that area are concerned with the safety issues of getting to the beach on that access. It is not a very wide street and there is a lot of parking on that road on the weekends. Also, people try to turn around on that road and there is not enough room for people to turn around. The pavement is about 25' wide. Council Member Wride showed pictures of the road. Council Member Wride would like to propose abandoning, or not having that as an access at all, possibly put a sign that says dead end or no turn around.
Mayor Hansen said that to address this issue the State Lands and Forestry has to say what we do at the end of that access.
The property owners would like to put in a post on the right of way to restrict vehicle travel. Ms.
Linda Denison said that it is a town street. Mayor Hansen said that we should just do something for pedestrian travel. If we want to block it off we can add the signage at the top of the road.
Mr. Brower said that we want to promote tourism but we can let them to know that they should use another access.
Council Member Leonhardt said that there are other things that we can do on that right of way but we should not close it off.
Mayor Hansen said that the beach does not belong to us, it belongs to the public at large. He suggested that we get permission from the state to improve that access. The property owners said that they don=t want that because then it will get more use. They would like to put the signage at the top of the road that it is not a beach access. They feel that we should warn the public that they will get stuck on the beach. Ms. Delma Turner said that the road on 1st north is a decent road to the beach and she suggested that we improve the other roads so they can get to the beach on the other accesses.
Mayor Hansen said that we don=t want to loose any beach accesses. Mr. Brower said that they are in agreement that they are sharing that road with the town.
Commission Member Hodges explained that we had this same problem in Hodges and Real Beach Subdivisions. There are a lot of accesses there that are also bad. There is an access there that is foot traffic only. But if we do put 200 N as foot traffic only then where would they park?
Mr. Brower suggested that we just inform the public where there are beach accesses.
Ms. Turner said that we have to admit that people are going to come and we need to provide what is necessary for them to come. Mr. Brower said that we need to help the public, but tell them where there is better beach accesses.
Mayor Hansen suggested that we try to define some parking above and get some parking signs, some no street parking beyond this point signs and foot traffic to the beach signs. Then we can chain across the road. Mr. Brower would like to have beach access signs on the other accesses. Mr. Brower said that he will work with Council Member Wride on his part of that road.
SENIOR CITIZEN CENTER, Linda Denison
Ms. Denison explained that there is a group of women who go to the church every Monday hauling out tables and chairs and quilting frames so they can make quilts for the humanitarian. They would like to have a place that they can use where they don=t have to take it down every week. They would like to have a senior citizen center. They feel that they would like to have this done within the next 2 years. She has talked to Jeff Gilbert from BRAG and he feels that we have a good chance at getting a grant through the CDBG. Mr. DeBloois is working on a grant for a new town facility and she suggests that the senior citizen center be included. With the initial grant we should apply for a civic center with a kitchen and then the next year add the senior citizen center. They would like us to design the civic center and also design the senior citizen center.
Ms. Denison explained that she also had an idea about the $500 for humanitarian that the Council agreed to donate. She said that we can award them the Raspberry Days Humanitarian Award of $500 for the best humanitarian float every year in the parade.
Mayor Hansen said that we will see what we can do to work the senior citizen center in with the facility project.
RASPBERRY DAYS UPDATE
Council Member Leonhardt thanked the Sheriff=s Department for their help and support during Raspberry Days.
Sheriff Stacey explained that the UHP helicopter was originally to help with disbursing crowds. They have had a problem with that in the past. The helicopter flew over the crowds this year and they disbursed quickly. They feel that it was a great value.
Council Member Leonhardt said that Raspberry Days turned out really good. There were low incidents because of the law enforcement. There were more people this year than ever before and because of that there are some issues that we need to discuss. Sargent Tony Hutson from the UHP said that we had potentials for serious crashes because of the traffic on Saturday. The traffic was backed up from Bridgerland to Swan Creek Village. The potential for crashes were tremendous. Another concern is the pedestrians and the motor scooters, etc. The original problem is the parking on the streets. There needs to be no parking on the streets and it needs to be better marked with signs. Put it on flashing barricade. His suggestions are more permanent no parking signs and renting a portable message board. Council Member Leonhardt explained that the last couple years we have had more people on the back streets to help with traffic control.
Commission Member Hodges said that Raspberry Days is a boost to the economy here, but our infrastructure is just not that we can handle all the people. She was offended to have the helicopter fly over her house. As a citizen she doesn=t care to have the festival here anymore and suggested that we do away with it.
Council Member Leonhardt explained that we have talked about moving the parade to Thursday or a different time other than Saturday morning. Deputy Mark Lee showed pictures of the traffic during the parade.
The Council again thanked the law enforcement for their help. Sheriff Stacey said that on Friday night there were 19 extra officers in Garden City.
Sargent Hutson said that we don=t realize what is coming here. In past years the undercover has observed cocaine, underage drinking, rape, fights, assaults, etc. The helicopter helped to deter some of that.
PRELIMINARY PLAT REVIEW, CHERIMOYA HILLS, Norm Mecham
Mr. Mecham explained that this is the property that we annexed into the Town. There is approximately 38 acres for the subdivision and there will be 57 lots. He has met with the Planning & Zoning Commission and they approved the preliminary plat with a few stipulations.
One of the stipulations was to work out the issues on Hodges Road going to the highway. Another stipulation was to determine where the bypass road would go. The Planning & Zoning Commission wants to know where the Town Council approved the bypass road, they haven=t heard any thing different than what was already platted. Also, there is no access to the common area. Mr. Mecham will put in a couple of accesses for the common area. It will just be pedestrian access, they don=t want vehicle access there.
Mayor Hansen explained some of the problems associated with where the bypass road is platted in that area. Mr. Linford, from Sunrise Engineering, said that on a bypass road you want people to be able to travel the road between 40-45 miles per hour. You want to see traffic going off the bypass road into subdivisions, not bring the bypass road through the subdivision. Council Member Wride said that we had the bypass road mapped before we annexed the property. The map was to show that we need a second artery but it was not specifically defined. Mr. Linford said they could do the road anywhere in the above area, there is one place that there would be about an 8% slope. The council agreed to the route going in the areas above this subdivision.
Mr. Mecham said that the concern with Hodges Canyon Road is the narrowness of the road on both sides. There are still some legal issues and Mr. Hansen has threatened lawsuits on his property. Hodges Canyon Road has been a right of way for a long time. The deeds and the surveys show that the Hansen family owns on the south side of Hodges Canyon Road clear across the pavement. The Hodges deed reads that it shifts over to the north and there is a gap between the two properties. Mr. Mecham feels that we are at the point where the Hansen family is ready for a resolution. The agreement will basically be a letter of understanding. Mr. Mecham read the draft agreement. The agreement would be for the town to purchase the property for Hodges Canyon Road. The Hansen=s property line then would follow the entire fence line on the north side of their property. From the tack shed to the fence is 35' and it stays 35' to the highway. At the Toybox it is about 60'.
Mayor Hansen said that Mr. Hansen wants to sell his property and we should get something in writing that we have an agreement when it is sold. Mr. Erickson said that this one subdivision won=t affect that road much but if we get another subdivision there it would impact that road a lot more.
Council Member Wride said that we have a mess so we need to fix it someway. Mayor Hansen suggested that we put it as part of the sale or part of a development of that property when it is developed. Council Member Wride said that we should put a time limit on it. Council Member Wride said that we need to consider the traffic needs and do our best to meet those needs.
Commission Member Hodges said that she can relay this proposal to Jane, the owner of the house on the corner of Hodges Canyon Road and Bear Lake Blvd. She agrees that it needs to be widened there.
Mayor Hansen said that the width of road is what concerns him. Council Member Wride said that we do need arteries coming off the bypass road. Mr. Linford said that ideally we would like to see a 60' right of way there but that may not happen. Council Member Wride suggested that we take what we can get now but put it in the agreement that we get more property when it is sold.
Mr. Linford said that this plan would make the right of way better than it is right now. Mayor Hansen said that he talked to Ron Hansen=s kids and they were really reasonable. They want to go with the agreement. This is an opportunity that we need to seize or it may be gone. It is in everyones interest to straighten out the deeds.
Commission Member Hodges read the letter from the Rich County Assessor stating that the parcel is valued at $6400. Mayor Hansen said that we can do the best we can with the negotiations, but we need to get this thing taken care of the best way we can. Commission Member Hodges said that she is still willing to pay some of the costs according to the previous letter that she wrote.
Mayor Hansen said that we need to do this immediately if Mr. Hansen is willing to take care of it right now.
Council Member Wride said that her number one reason to do this is to tie into our future bypass and for future developments. Getting that property would be a start. It will about double what is there right now.
Council Member Price thinks that we need to take care of the agreement immediately and then take care of the other property from there. We will not be able to force them to give more property later except through condemnation. Get the 35' now and then work from there.
Council Member Wride would like 6' shoulders.
Council Member Leonhardt agrees that we need to work on it. This issue needs to be taken care of before the subdivision is approved. Mr. Mecham said that he will work on this issue and the boundary lines with the Hansen=s and the Hodges=. Commission Member Hodges will talk to her family to see if we can get a couple more feet.
Council Member Price made the motion to go ahead with the verbal agreement, get it drawn up and sign it. Council Member Leonhardt seconded the motion. All in favor and the motion carried. Mayor Hansen and Council Member Wride will look at the agreement and Mayor Hansen will sign it.
Council Member Leonhardt made the motion to accept the preliminary plat for Cherimoya Hills Subdivision with the access to the common area and the Hodges Canyon Road issue resolved. Council Member Wride seconded the motion. All in favor and the motion carried.
Abatement of Garbage and other Deleterious Items
This ordinance takes effect the first of the year and is something that we really need to enforce.
Council Member Price explained that he is still concerned with this ordinance because of the enforcement. The ordinance states that the building inspector has to examine and investigate the Town to determine which properties are not in compliance. Commission Member Hodges stated that Utah Code, 10-11-2, outlines the definitions and states that it is by complaint.
Council Member Price asked what unsightly means. There is a difference of opinion or description of what unsightly actual means and how do we determine what is unsightly. Mayor Hansen said that you may not be able to ever describe that but we will have to deal with it case by case. Council Member Price would like to see noxious weeds in place of weeds.
Council Member Wride said that there have been a lot of positive comments about this ordinance.
Ms. Margaret Satterthwaite has a concern with the weekend residents that put the garbage out on Sunday when they leave and want the sanitation to take care of it on Monday. She asked if we can make them put it in a container. Mayor Hansen explained that the garbage issues have been discussed during the beautification meetings. We would like to see some other alternative. County Commissioner Tom Weston said that the County has discussed other options. This is a worthy project that we all should work together on. It is not good for the county, us or the citizens. We all want something different with the garbage issues.
Mayor Hansen asked the audience how they feel about this ordinance. There is a lot of controversy around this ordinance. Commission Member Hodges said that it is a good ordinance if it is enforced. It may take this ordinance to bring awareness to people.
The Council made a few changes to the ordinance so we will have another public hearing next month to make the changes.
Ms. Linda Denison explained that she feels that we make a mistake when we chain off one of our public accesses. The people on that road don=t like the traffic but that is where they chose to build their homes. If we do it for one, then the next road will want to do the same. She feels that it was hasty to make that decision. Mayor Hansen said that when the water comes back up it won=t be an issue. Ms. Dennison said that because of the decision they can use the access but nobody else can. Ms. Satterthwaite said that the decision troubled her as well. Council Member Leonhardt agreed. Mayor Hansen said that we also have to consider the fact that we have a situation that we have to deal with. Council Member Wride said that we are not done with this issue and we need to work it out. The whole town is impacted.
Ms. Denison said that she hates to see the Town give up any public accesses.
Council Member Wride will talk to Mr. Craig Pettigrew to get some help from them also.
If we give into the people we are giving up inch by inch what the public comes here for.
Mayor Hansen said that we are limited as far as our resources are in this Town. Mr. Denison said that if we cut off one access then there will be more traffic on the other accesses. Mayor Hansen said that there are people that are offending him by going on the beach all night long.
Council Member Wride said that this is a Town road and if we allow people to go down that road and it is a safety issue then we are liable. Commission Member Hodges said that there are public accesses that go to the lake that are not conducive to vehicle traffic and that is one that is not conducive.
County Fair Parade
The parade is on the 21st of August. The Council agreed to be in the parade and take the gator.
New Board of Adjustments Member
Mayor Hansen will work on a new member for next month
Hyland Beach Subdivision
We have received a letter from the property owners in Hyland Beach Subdivision concerned about the junk on a property to the south of their subdivision. Mayor Hansen will write a letter to Mr. Mason and have him respond. Mr. Erickson will talk to him also.
Mayor Hansen explained that Mr. Maynes would like water to his property that he just annexed. Mr. Andersen worked up a bid for materials to run the 8" line. The bid is approximately $11,500 from the hydrant to his property, approximately 960'. The bid includes class 200 pipe, two fire hydrants, one 8" valve and three 6" valves. This is the bare minimum of everything.
County Commissioner Weston said that the County will participate in paving Kimball Lane but not this year. Mayor Hansen read a letter from the Sweetwater Golf Course HOA, which states that the paving will be accomplished by mid October and they would like utilities placed before the pavement is done. Commissioner Weston stated that they haven=t got the project budgeted and they don=t have the money this year. He said that there is a question on the road and who owns the road in front of Jesse Kimball=s.
Commissioner Weston said that the County will not oil the road this year. Mayor Hansen said that we will not worry about that water line this year then.
Mayor Hansen said that we need a flashing light and a logo on the gator. The flashing light is for a safety issue.
Thank you letters
We need to do thank you letters to Mr. Norm Mecham for use of the golf carts during Raspberry Days. We also need to thank the UHP, Search and Rescue, Rich County Sheriff=s Department, etc.
Water outside the town limits
Mr. Tom Anderson owns property North of Camperworld and he would like water for a project he is working on . Mayor Hansen said the only way we could consider it is if they had water rights to give to the Town. Council Member Wride said that we decided that they can=t have water outside the Town limits, they need to annex.
Buttercup Subdivision Water Lines
Council Member Wride explained that they have 19 water hook ups that needs to be done before the pavement goes in. She said that the pavement will happen one way or the other, they are still waiting on the votes from the property owners. If the SID doesn=t go through they will still pave the roads. Mr. Andersen can get that going and figure out the charge. The HOA will pay for the water connections now and get reimbursed when they get the building permit.
County Commissioner Weston said that they would like to place an ambulance in Garden City if we can get some EMT=s trained. Council Member Leonhardt said that we have several people that have committed to take the class, they will start in October or January. The county is not sure when they will purchase the new ambulance. There is getting to be a lot of calls all the time and we need another ambulance.
Ms. Margaret Satterthwaite explained that the Beautification Committee is working on some new ideas.
Mayor Hansen said that the Logan Highway Road is going to bid this month and should be started in the spring.
There have been people calling that are concerned with the utility improvements in Elk=s Ridge. They are selling lots and there are no improvements yet. We will send him a letter and contact the bank to see what we can do on the letter of credit. Council Member Price would like us to talk to Mr. Smith first to see what is going on. Mayor Hansen would like to know if it is legal to sell the lots without the improvements. Mayor Hansen said that he will talk to Mr. Martineau about it.
The Stringham subdivision needs a new deed or a new Mylar with the correct owners listed. McFarlane=s was not listed as an owner on the original Mylar.
BUILDING INSPECTOR REPORT
Mr. Erickson reported that he has been to court on one county issue because the person didn=t get a building permit for his barn. The person has appealed the decision to another court.
We have 130 permits at this time. There are a lot of things that are happening. Mr. John Nielson is working out well, he is a great help. We have only got him until after the first of the year because he will be going on a mission.
COUNCIL MEMBER REPORT
Council Member Leonhardt stated that Mr. Mike DeBloois is still working on the new facility grant.
Council Member Wride would like some direction for the street name signs. Azure Cove wants to do street signs also. Council Member Wride explained that we are trying to have the state do everything honest with us so it will be going against them by going against their adopted colors for street signs. She said that the logos don=t really show up very well on the street signs. Mayor Hansen said that she should come up with a couple of proofs and bring it back to the Council for approval.
Council Member Wride has talked to Randy Jeffries about the Logan Canyon Road Project. We formally requested how much dirt we want. They are not guaranteeing how much or the quality of the dirt. We can=t have what they need to meet their standard, but their standards are really high. They will use everything they need. Mayor Hansen said that it is okay to have someone inspect the dirt to make sure we want it before we take it. We need to get working on the road so we have a place to put the dirt.
Council Member Wride explained that she is still working on the bike path extension. The dedication of easement and right of way wasn=t done right so we now need to get it surveyed and recorded.
Council Member Wride said that she feels that we need a Town map for roads, water lines, fire hydrants, sewer lines, etc. Debbie Ames, the Rich County Recorder, has a lot of information but we are last on the list. Council Member Wride is working on a grant for some hardware for GIS.
APPROVAL OF MINUTES
July 8th, 2004
Council Member Wride made the motion to accept the minutes of the Town Council Meeting held on July 8, 2004 as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
July 14th, 2004
Council Member Leonhardt made the motion to accept the minutes of the Special Town Council Meeting held on July 14, 2004 as changed. Council Member Price seconded the motion. All in favor and the motion carried.
July 15th, 2004
Council Member Wride made the motion to accept the minutes of the Special Town Council Meeting with the changes made. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Wride made the motion to pay the bills as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Wride made the motion to adjourn at 11:00 p.m.
Kenneth Hansen, Mayor Town Clerk