Meeting Minutes August 2005
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regular scheduled meeting on August 11, 2005 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the Town Council meeting at 7:20 p.m.
Council Members Present:
Kenneth Hansen, Mayor Arlo Price
Larry Gray Sharlotte Wride
Kathy Hislop Randy Erickson
Gwenda Hansen Paul Nance
David Longfellow Dottie Nance
Norm Mecham Norm Anderson
Malike Hamilton Margaret Satterthwaite
Jack McPhie Mary Cook
Kathy Coover Leslie Harris
Frank Smith Barbara Graham
Dennis Bullock Paul Birdsey
Jay Christopherson Cherie Henderson
Mayor Hansen welcomed everyone to this meeting. He said that he wants to sincerely express his gratitude to everyone in the community that helped with Raspberry Days to make it the success that it was. This includes all the law enforcement, search and rescue, etc.
RESOLUTION DISCUSSION, RESOLUTION #R05-10, To Create the Buttercup Special Improvement District.
Council Member Price said that he is in favor of approving the resolution, it's the best thing for Buttercup and the property owners, and it makes their property worth a lot more. Council Member Wride said that it is good for Buttercup and the Town as a hole. Mayor Hansen said that he appreciates the people in Buttercup that has worked on this project and 3rd West. 3rd West will help create another access in Town.
Council Member Price made the motion to approve Resolution #R05-10 to create the Buttercup Special Improvement District. Council Member Gray seconded the motion. A roll call vote was taken; Council Member Gray, in favor; Council Member Price, in favor; Mayor Hansen, in favor; Council Member Wride, abstained. Motion carried.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL
M Shakas. Inc. Armoas Brassier. Mr. Malike Hamilton
Mr. Hamilton explained that he is here for approval for an amendment to their conditional use permit and their business license. He said they want to amend them to include offsite catering. He stated that they are opening the restaurant at Harbor Village and they want to offer offsite catering to different groups. They will use the restaurant for preparations for the catering. They didn't realize that they needed to include catering on the application. The Council read through the conditional use permit requirements from the Planning & Zoning Commission. Mr. Randy Erickson said that they are coming along with the requirements of the conditional use permit. Catering currently doesn't have a special permit by the state, like a health permit, because it is considered a private party. They will already have to meet the health regulations because of the restaurant. Council Member Wride would like the certificate from the health department.
Council Member Wride made the motion to accept the amendment of the business license and the CUP to include offsite catering with the stipulations of the CUP. Council Member Price seconded the motion. All in favor and the motion carried.
Beary Clean. Mary Cook and Leslie Harris
Ms. Cook explained that they want to do a house cleaning/laundry service and additional services to people that don't live here full time. The business will be based out of Ms. Cook's home. They will take appointments and do some laundry at her home. It is not a taxable service. Council Member Wride said that there is missing information on the application, which needs to be completed. Ms. Cook said that they are working on getting the state tax number. The home is zoned residential.
Mr. Randy Erickson asked if they need to be bonded. They said that it wouldn't be a problem to get bonded, they have both been bonded before. Council Member Price said that we haven't required it from anyone else and it's not in the ordinance, so we can't require them to be bonded. It would still be good for them. Ms. Cook said that they are willing to take the Council's advice and get bonded. They are set up as an LLC partnership. Council Member Price suggested that in the future we need to consider requiring businesses to be bonded.
Council Member Gray made the motion to accept the business license for Beary Clean but they need to complete the application and provide the state sales tax number. Council Member Price seconded the motion. All in favor/and the motion carried.
Framing Memories. Gwenda Hansen
We just need to amend the business license to state that everything is off premise. There will be no business done inside her home.
Council Member Wride made the motion to accept the business license for Framing Memories Photography, off premise. Council Member Gray seconded the motion. All in favor and the motion carried.
Business License Discussion for Harbor Village Realty. Jack McPhie
Mr. McPhie said that he is not representing the HOA Board, just himself. Mr. McPhie stated that this item was placed on the agenda prior to Harbor Village Realty vacating the Inn Building. The HOA Board decided to give her 30 days to vacate the building. Mr. McPhie said that he was just requesting assistance from the Town Council regarding this situation, but now she is out of the building. He does not know where the business is being conducted.
Council Member Wride said that Ms. Watts, Harbor Village Realty, didn't do anything illegal because we did approve a business license and we did get a letter from the HOA approving her to use the Inn Building for her business. Mr. McPhie said that it was approved by the Board but then it was reversed by the board on June 9th 2005. So at that point she was not approved to be there by the HOA.
Mayor Hansen said that we need to find out where the business is being conducted because according to the ordinance once a business is moved then the business license becomes null and void. Ms. Mary Cook said that she is temporarily taking phone calls from her residence but it is just phone calls only. They do have prepaid customers for the next 2 weeks that they are trying to accommodate. Council Member Gray said that he is uncomfortable basing a decision on unknowns because Ms. Watts is not here and we should send her a letter stating our requirement and invite her back to a Town Council meeting. She needs to start the process immediately. Council Member Gray will draft the letter to her.
This resolution is to annex the property described during the public hearing.
Council Member Price showed the map. Mayor Hansen asked for discussion from the Council. No discussion from the Council.
Resolution #R05-09. Resolution to annex island property which is approximately 69.18 acres
Council Member Price made the motion to approve Resolution #R05-09, Resolution to annex island property which is approximately 69.18 acres and is within the area west of 100 west and south and east of Logan Canyon Highway. Council Member Wride seconded the motion. All in favor and the motion carried.
REMAINING PARCELS TO BE ANNEXED WITHIN THE ISLAND ANNEXATION AREA
We do have a letter from Mr. Jeff White and Mr. Chuck Webb agreeing to the annexation. We need a commitment from Mr. Ed Price and Mr. Dee Hildt. We need them to agree to the annexation to be able to annex the remaining properties.
Council Member Price made the motion to continue with the annexation for the remaining parcels. Council Member Gray seconded the motion. All in favor and the motion carried.
Resolution #R05-08. to set rates for water inspection fees and impact fees
Council Member Wride said that her concern in connecting outside the town limits is that we need to leave enough water inside the town limits, and how far are we going to go outside the town limits. She is concerned that if we approve the resolution as it is prepared it doesn't limit it to the subdivisions that have already been approved. It leaves it open to everybody outside the town limits. This resolution should be specific to address the approved subdivisions outside the town limits. Council Member Price suggested that we state that these rates are subject to the specific approved subdivisions. Council Member Wride said that it needs to state that we don't pay for extended lines; they have to pay for that.
Council Member Price said that we need to provide water for every property inside the town limits. We can't just say that we are not going to provide water. Council Member Price is also concerned with saying that once they are in the town they have to give water shares.
Council Member Price would like to see the resolution changed and include the 4 subdivisions that have already been approved. Also, use a percent, not a set price. We should have the resolution ready for the next meeting.
Resolution #R05-08 is tabled until next month.
REQUEST TO CONNECT TO WATER SYSTEM OUTSIDE THE TOWN LIMITS, Kathy Coover
Ms. Coover explained that she has property at 1318 N Bear Lake Blvd. She has a cabin there that is not winterized and she wants to put in a cabin that can be used during the winter. Just a single dwelling. The water lines are right next to her property. Council Member Wride said that it is the same thing that we just went over, we can't approve anything tonight based on the discussion that we just had. Ms. Coover said that there is a possibility that she can get water rights to trade for a connection to the town system, but she doesn't have any right now.
Council Member Price stated that it has been required that connections outside the town limits are traded for water rights or they can't be connected. Council Member Price said that 1/3 share would be adequate for Ms. Coover to trade to the town for her connection. That is what she will need to do since she is outside the town limits. Also, she will have to pay the impact and inspection fee. We need to make sure that we don't deplete our source for the property inside the town limits right now.
We haven't approved any subdivisions without water rights.
Ms. Coover said that she wants to know what she needs so she can come back prepared. Council Member Price said that if she brings in a 1/3 share then we should be able to give her water. He doesn't think we could say no at that point. Council Member Wride said that we have already said no to anyone outside the town limits, it will just depend on the resolution. Mayor Hansen said that the hole thing with that resolution is not to deplete the town service and if they bring water in for trade then it is not depleting the services. Council Member Wride said that we can't give her an answer until we know what she has to trade. Ms. Coover said that she needs to know what to get. Mayor Hansen said she needs 1/3 share to trade for the connection. The Council agreed, Council Member Wride said that she agreed based on the decision of the rest of the Council.
COVENANT AND AGREEMENT TO RUN WITH THE LAND.
Drew Stayner This item was skipped because Mr. Drew Stayner decided not to pursue it at this time.
SPINNAKER POINT SUBDIVISION DISCUSSION, David Longfellow
Mr. David Longfellow said that he owns and built 3 of the units in Spinnaker Point Subdivision. They have been to the Planning & Zoning Commission to resolve the issue in Spinnaker Point. The Planning & Zoning Commission sent them to the Town Council because we approved the CC&R's. The contention is with the limited common area. The common area in question is the access to the beach and the beach front area. Mr. Longfellow read the description on the plat, the description in the CC&R's and the declaration. He also had the bylaws which show the ownership rights and percentages. The owners of the condominiums state that they own all of lot 2 including the common area. The other property owners state that they own 1/7 of the limited common area.
Council Member Wride said that on the plat, #4 states that the limited common area stays with lot 2. Mr. Longfellow said that the ownership of lot 2 is not just the ownership of the condos it is also divided by the owners of the entire subdivision.
Mayor Hansen asked what our responsibility is. Mr. Longfellow said that the plat was approved by the Town Council and the Planning & Zoning Commission and the CC&R's were approved by the Council. He said that this is a matter of clarification to see what the Council thinks this should be. His point of coming to the Town Council was to get clarification of ownership and to find out if the document was binding by the recording.
Mr. Erickson explained that he has talked to Mr. David Church and he said that the town should stay completely out of CC&R disputes because they become cooperation and the CC&R’s should be handled by the subdivision. We should only enforce our own ordinances. They can make changes in their CC&R's because they are a corporation. If they have a problem then it is a legal issue and they have to take legal action. Mayor Hansen agreed, he said that it is not a town issue. It is an internal issue for the subdivision. The rest of the Council agreed.
Mr. Longfellow explained that the contention with lot 2 is because of the limited common area he doesn't have the set back for the condos. Mr. Erickson said that he has read the CC&R's and he feels that they are described well but it is a legal issue. The Council agreed that it is a question for the lawyers and then the association must enforce the CC&R's that are in place. It's an internal issue. Mr. Longfellow can contact and pay for the time of the Town Attorney if they would like but they have to pay the costs.
LOCKWOOD AT BEAR LAKE MARINA, Jay Christopherson & Brian Lyon
Mr. Brian Lyon showed the plat for Lockwood PUD. Mr. Christopherson said that they met with the Planning & Zoning Commission and they are down to about 3 items to complete for their final approval. The project area has been annexed into the sewer district. The second item is the CC&R's and they have revised them. The 3rd item is the letter of credit. They will do the letter of credit just before the plat is signed.
Mr. Christopherson explained that they met with UDOT on Tuesday. There is a big discrepancy in the two traffic studies. They did hire a specialist who has reviewed both TIS. Mr. Taber sent UDOT a letter stating that based on the original study there will be less traffic from their development. The numbers were so low on the study to justify any usage. When they put their development together, they won't have their main entrance off 3rd West, the main entrance will be off Hwy 89. They want to use their second access from 3rd west. They were told that they need to build a left turn lane into their development of Hwy 89. They don't feel that is right. He feels that everyone along 3rd West should help pay for the improvements which include the left hand turn lane.
Mayor Hansen said that we always intended to hook onto the highway with 3rd West. And it has been in the works for many years. Mayor Hansen said that he was never in favor of the entrance into their property from the highway. Mr. Dennis Bullock said that without that entrance they couldn't develop all the commercial area. Mayor Hansen said that before this project we weren't going to have to do a left hand turn lane but now that is a requirement for 3`d west. It will cost about $250,000, which is way too much for our town budget. Mayor Hansen said that we are in a dilemma here with the Lockwood project and 3rd West.
Mr. Bullock stated that when they did the RDA, years ago, it will bring over $300,000 to the town rather than the county, which will be a benefit to the town.
Mr. Lyon said that they want to participate in 3rd West but they want everyone to participate fairly. Mayor Hansen said that the other property owners participated when they donated property for 3rd west.
Council Member Wride said that the entrance to Harbor Village is not an option because the HOA won't give their approval. Mr. Bullock said that they have an easement to use that access but they don't want to use the entrance to Harbor Village.
Council Member Wride said that they need to use 3rd West, they don't have another option. Council Member Wride said that in February they were told that 3rd West was a priority over any other project. We need to do this road for the future. She gave the TIS from both projects to UDOT and they have made their decision. Mr. Christopherson has sent UDOT a letter questioning the differences in the TIS. Council Member Wride said that there may be a grant to help with the turn lane but it may take a few years.
Mayor Hansen asked if Lockwood doesn't come onto 3rd West then what our situation with UDOT is. Council Member Wride said that then we wouldn't have to have a left hand turn lane, but UDOT said that they won't approve that because they know that Lockwood will be using that access. Mayor Hansen said that it may save us from doing a left hand turn lane. Mayor Hansen said that he is not sold on the two entrances for these developments. There are a lot of subdivisions in other towns that only have one entrance. If it would save the town from paying $250,000 then he doesn't see a problem with only one entrance. It just makes the process terribly confusing.
Council Member Wride said that the engineer that did our TIS is very reputable. He said that up to 2/3rds of the reason for the turn lane is due to Lockwood. It is based on project use. UDOT was not looking at challenging our TIS, they were very accepting. Mr. Christopherson said that he felt like there was no scrutiny by UDOT on the discrepancy.
Council Member Wride suggested that Mr. Christopherson put in writing what they want the town to do and make the proposal to the Council. Mr. Christopherson said that if we challenge the TIS reports we will both loose and will end up building a left hand turn lane.
Mayor Hansen asked for comments from the other Council. Council Member Price said that there are many subdivisions with only one entrance as long as the internal roads can handle the traffic. He can't see why we need two entrances. He would feel comfortable if those situations are taken care of and then we allow one entrance. Mayor Hansen suggested that the entrance off 89 be widened.
Council Member Gray said that he is okay with the one entrance. He has seen them before and it is really nice. The bottom line is that we can't afford $250,000 and this is a good development and should go in so we need to look at alternate options.
Mr. Bullock said that they could have an entrance to 3rd West only for emergency access. Mayor Hansen said that the Council has the option to waive that requirement for this project. They would just make a motion to waive it. They would have to state specifically why they waived that requirement and it will be under the right conditions. Mr. Erickson asked if that will solve the problem with the turn lanes. Mr. Christopherson said that they will have to build a turn lane but we will not have to build the turn lane. Council Member Wride stated that as the other development build up on 3rd West then we may have to build the turn lane in the future if Lockwood is not included. She also would need to talk to UDOT to make sure that would be acceptable.
Mr. Lyon said that UDOT accepted the TIS which said that we didn't need the turn lane for 3rd West.
Mr. Christopherson said that he send a letter to UDOT stating that they won't go onto 3rd West so they can accept the TIS.
Council Member Wride said that she doesn't like going against what is in the ordinances. Mayor Hansen said that they waive a requirement by a motion. If it is going to cost the town a huge amount of money we need to find a way to help the situation.
Council Member Wride said that when we were trying to figure out where to put 3rd West it was put outside this project and so it didn't affect them.
Mayor Hansen said that the options are: 1. to force them to use 3rd West and fight Lockwood to help put in the turn lane on 3rd West, 2. say that we are going to do the turn lane later and give them the waiver for only one entrance, 3. we can have them leave a little right of way that could be used for the future. It can be listed as common area with the stipulation that they will have to use it in the future for an ingress and egress.
Mr. Christopherson explained that UDOT said that they don't want to get in the middle of an argument; we need to work it out.
Mr. Erickson said that he is not comfortable with the Council saying that they can waive an ordinance. It can go to the Board of Adjustments Committee because they have the right to waive the ordinance. Council Member Wride would rather change the ordinance than circumvent it. She wants to talk to UDOT to see if this is a possibility before we allow only one access. Mayor Hansen said that he is okay with that but there is still no money for the Town to put in the turn lane.
Mr. Erickson said that there will be more phases and we can have one of the future phases come onto 3rd West. That can be a stipulation. Then it will be planned in the future for a second access.
Council Member Wride said the other concern is how they are tying in the ATV trail into 3rd West. There is some private land that it will need to go through.
Mayor Hansen said that we need to have another discussion with the UDOT. He suggested that we send a recommendation to the Planning & Zoning Commission outlining all the things that were discussed tonight. Council Member Wride said that she doesn't like going around our ordinances that have already been adopted. The Council did find a specific ordinance which gives the right to the Council to make a waiver if recommended by the Planning & Zoning Commission.
Lockwood still needs a variance for the distance between their entrance and the entrance to 3rd West. They also need to move the bike path, which they are working on. They may just need to tear it out and replace the whole thing.
To require the 3rd West entrance on a future phase would not be circumventing the ordinance and would not require a waiver.
The first thing that we to do need is to talk to UDOT and that will determine if this is passed on to the Planning & Zoning Commission. We need the response from UDOT first.
Council Member Wride said that this may buy us time to find some grant money.
CHERIMOYA SUBDIVISION, PHASE II FINAL DISCUSSION/ APPROVAL, Norm Mecham
Mr. Mecham explained that this has been approved by the Planning & Zoning Commission and he has made the changes that were required by the attorney. He has made the changes to the CC&R's. There was one change to the CC&R's that he didn't make because he and the Planning & Zoning Commission agreed that it was right the way it read. Do we want to continue to address the CC&R’s based on the comments of Mr. David Church? Mayor Hansen said that the attorney looks them over but then it is up to the HOA internally. Mr. Mecham said that we shouldn't be changing the CC&R's after this meeting because they need to be approved tonight. Council Member Wride went over a couple of the issues she has with the CC&R's. The town will not enforce anything in the CC&R's, we will just go with the ordinances.
Council Member Wride asked if they are dedicating the roads to the town and are they to the town specs. Mr. Mecham said that was done with the Town Engineer. The utilities are almost finished and they will be in before it is paved.
Council Member Leonhardt made the motion to approve the final plat for Cherimoya phase II. Council Member Gray seconded the motion. All in favor and the motion carried.
CDBG. New Town library
Ms. Cherie Henderson explained that we looked at property the other day. She said that there are some concerns about people that have donated money and are not seeing any progress. People want more commitment and to make sure that we are actually serious about it. Mayor Hansen said that the minute we say that we are looking for property the prices will increase so we have to be very careful. The other concern she has is the time line. Mayor Hansen said that we have to follow a time line and that is what we are doing. We are still working on it.
Rural Community Assistance Grant. Trail Signs along the Bike Path
Council Member Gray will contact the prison and try to get the bid from them soon.
Transient Room Grant
Council Member Wride said she is still working on that grant to get the signs on the bike path.
SWAN SPRING CULINARY WATER PROJECT UPDATE
Sunrise is in the design phase for the treatment plant and they are close to having it completed. Mayor Hansen has met with Rural Development to talk about grants and applying for them. They will also see if we can increase the amount we can get from the State Drinking Board.
Mayor Hansen said that there may be an opportunity to investigate selling bottled water. Maybe the Town can do that to pay back the loan. After talking to the Town Engineer and the Attorney, they suggest that it be a private enterprise other than a Town business. There are people that may be interested so he will pursue that. We could be able to sell them the water or have them pay a lease.
BEAUTIFICATION LETTER, Margaret Satterthwaite
Ms. Satterthwaite drafted a letter to the Council listing property that the Beautification Committee would like cleaned up. They are requesting that the Council enforce the abatement ordinance on these properties. Mayor Hansen suggested that we come up with a form letter to send out to these people and do it discreetly. Council Member Price asked if we start this process where will it end. Ms. Satterthwaite said that she would like to do an article in the newspaper about property owners who take extra care of their property.
Ms. Satterthwaite asked about the placing of the benches. The last suggestion is that it may be too late in the year to place them outside. We may need to store them all inside and put them out in the spring.
She also asked about the monument signs. Mayor Hansen will work on the property owned by DeLoy Hansen.
New Planning & Zoning Commission Member
Mayor Hansen is not ready for this item yet. We will put it on the agenda for next month.
New Board of Adjustment Member
Mayor Hansen is not ready for this item yet. We will put it on the agenda for next month.
Certified Citizens Planner
If anyone wants to go they can talk to the Mayor.
ATV's on the State Right of Way
The Council agreed to draft a letter to the Law Enforcement regarding the ATV's on the state right of way.We need to site the state code and explain that we expect it to be enforced. We need to send letters to the Utah State Parks, the UHP and the Rich County Sheriff.
BUILDING INSPECTOR REPORT
Mr. Erickson said that he talked to Mr. David Church about enforcing HOA Bylaws. Mr. Church said that we should work with them but we don't want to do anything. We should just stay away from CC&R's as much as we can.
Mr. Erickson showed the flyer for Harbor Village Realty advertising with a new phone number. We need to send her a letter stating that she no longer has a business license. Also, we have received multiple complaints in the town office regarding their business. They are also not paying sales tax. Council Member Leonhardt said that if we go after this one, we need to go after the other business in town doing the same thing.
Mr. Ted Wilson has a couple more phases that he wants the roads approved. He took Council Member Wride and the Town Engineer to look at the roads. Mr. Erickson would encourage the Council that before they approve any more phases in Bridgerland Village, they require the road down to the highway to be completed.
Mr. Erickson asked what to do with the Stay-N-Place Storage. Mr. Hyrum Lantz may have sold the storage sheds but he has not completed what he was supposed to do for the CUP. Mr. Erickson will send a letter to the new owner stating the things that need to be finished. Mayor Hansen said that the CUP goes with the property. We need to give him 30 days to comply with the conditions that were set or we will lock it up.
Mr. Erickson explained that we are at 44 permits right now and still getting more every day.
The Council went into Executive Session at 10:20 p.m. to discuss purchasing property for the new Town Library. The Executive Session was closed at 10:50 p.m.
COUNCIL MEMBER REPORTS
Council Member Wride said there should be stakes for the right of way.
Council Member Wride is working on doing the improvements for Hodges Canyon Road. Mayor Hansen said that there is no time frame in the agreements. He said that we can grub it out and put in some trees this year.
Council Member Wride is working on signs for the ATV Trail and the bike path. She is working with UDOT and the sign person.
Council Member Wride said that we need specific penalties for violations to the ordinances.
Council Member Wride said that the Bear Lake Regional Commission has requested a representative from Garden City to go to their meetings. Mayor Hansen said that it is a waste of time, so if anyone wants to go they can.
Council Member Wride said that she is still working on the bike path extension. We are going to re-advertize. She has some help with funding from UDOT. Brad Humphrey's from UDOT gave her the verbage for the letter that they want from the Council that states that we will proceed with the project. The Council said that they don't want to leave the amount that we are responsible for open ended. After we send the letter to UDOT we can re-advertise for the bike path.
Council Member Gray reported that the Utah State Parks Department is intending on buying property for an ATV trail head and then donate it to the town if we will maintain it and take it over. Mayor Hansen also has a commitment from private citizens to help get the property prepared.
Council Member Leonhardt said that we have got to close up Harry Bennion's business. It is not fair to everyone else that has to have a business license but allow him to continue. The Council agreed. It won't be an easy thing but we need to address it. We may need to get the Town Attorney involved.
APPROVAL OF MINUTES
Regular Town Council Meeting. July14. 2005
Council Member Leonhardt made the motion to approve the minutes for the Town Council meeting held on July 14, 2005 as written. Council Member Price seconded the motion. All in favor and the motion carried.
Council Member Price made the motion to pay the bills as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
There being no further business to be brought to the Council, Council Member Price made the motion to adjourn the meeting 11:00 p.m. Council Member Leonhardt seconded the motion. All in favor and the motion carried.