MM February 2006
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regular scheduled meeting on February 7, 2006 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the Town Council meeting at 7:15 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Anne Marie Johnson
James E. Criswell
Mayor Hansen welcomed everyone to the Town Council Meeting
TOWN COUNCIL MEMBER APPOINTMENT
Mayor Hansen explained that Council Member Wride has resigned because they have moved from the area. Therefore, the Council will need to appoint someone to fill the vacancy for the remainder of her term which will expire January 1, 2008. He stated that Lana Hodges, Arlo Price and Margaret Satterthwaite have applied for the Council Member position. Mayor Hansen allowed Mr. Price and Ms. Satterthwaite the opportunity to address the Council on why they want to be appointed. Ms. Hodges was not in attendance so Mayor Hansen read a statement that she prepared. Mayor Hansen opened discussion from the Council to the Candidates. Each candidate was given the opportunity to answer questions from each Council Member.
After the Council finished with their questions Mayor Hansen asked for a motion to appoint a new Council Member.
Council Member Seiler made the motion to appoint Margaret Satterthwaite to fill the Town Council vacancy left by Council Member Wride’s resignation. Council Member Gray seconded the motion. Council Member Leonhardt said that it is very tough decision to make and they all would do a great job. Council Member Gray said that there is not a bad choice. Council Member Seiler said that all three candidates are very knowledgeable and will do a great job. She said that they are taking into consideration the peoples vote from last November. She said that she can’t disregard the outcome of that vote. All in favor. Motion Carried.
Council Member Leonhardt thanked Mr. Arlo Price for all the time that he dedicated to the Town.
The Council Members welcomed Margaret Satterthwaite to the Council.
OATH OF OFFICE
The Town Clerk administered the oath of office to Margaret Satterthwaite.
COUNCIL MEMBER ASSIGNMENTS
Mayor Hansen said that we need to make some Council Member assignments tonight. He said that we can adjust the assignments if the Council Members don’t feel comfortable with the suggestions.
Mayor Hansen would like Council Member Leonhardt to be over Raspberry Days, be the Planning & Zoning Commission Representative and help with the road department. He would like Council Member Seiler to be over the road department. He said that they need to work close with Sharlotte Wride. Council Member Gray will be over the business licenses, the park and help with other assignments. Council Member Satterthwaite will be over finances and will help with the water project. She will be the Town Treasurer. We need to really watch the expenditures and make sure the engineers fees and contractors fees are justified. There needs to be accountability with the water project. The Town is in a good financial position.
We all need to work hard on the impact fee ordinance. We need to start to generate some money for the projects that we need to start working on.
Council Member Gray made the motion to appoint Council Member Satterthwaite as the Treasurer for the Town of Garden City. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
We will get her signed up with the bank for the signature card. She will also need keys and a credit card. Council Member Gray has not received a credit card yet. Mayor Hansen explained the credit card policy.
CONDITIONAL USE PERMIT APPLICATION DISCUSSION/APPROVAL
Snuggle Bunny Daycare, Jackie & James Criswell.
Mr. Criswell explained that they would like to have a daycare at the home that is now owned by Mr. Hyrum Lantz. It is located at approximately 200 North and 400 West. They will purchase the home if they get approval for the daycare. Mayor Hansen read the motion from the Planning & Zoning Commission. He said that it looks like a good solution and a great location for the daycare/preschool. They will abide by the state requirements for the number of children. Mayor Hansen cautioned them to do something with the canal, that runs right by the house, such as a fence. Mr. Criswell said that they will put a fence around the entire property. The Building Inspector will determine the parking needs. They have a private road into the property.
Mr. Criswell explained the state requirements for the number of children allowed. Council Member Leonhardt said that the State Fire Marshall will help determine that number also.
Council Member Gray made the motion to accept and approve the Conditional Use Permit for Snuggle Bunny Daycare/Preschool. Council Member Seiler seconded the motion. All in favor and the motion carried.
BUSINESS LICENSE DISCUSSION/APPROVAL
Snuggle Bunny Daycare/Preschool, Jackie &James Criswell
There is no sales tax collected for this business because it is a service. Council Member Leonhardt suggested that they bring in the certificate from the Health Department and the state license. They will also need a certificate of occupancy.
Council Member Leonhardt made the motion to accept the business license for Snuggle Bunny Daycare/Preschool with the above items. Council Member Seiler seconded the motion. All in favor and the motion carried.
Bear Lake Cleaning Services, Kristeen & Scott Gough
Mr. Scott Gough explained that this business will be in the main building at Harbor Village in the same office as Kolob Enterprises. He also has the letter from Frank Smith stating that it is alright to run this business from that office. He also has a tax number registered to Garden City. It is not required to be bonded but he did get bonded.
Council Member Gray made the motion to approve the business license for Bear Lake Cleaning Services. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Bear Lake Storage/Homebase Properties LLC, Jack McPhie
Mr. Jeff McPhie is representing Mr. Jack McPhie. He said that they have purchased the storage units from Mr. Hyrum Lantz. They purchased 36 storage units and all the property, everything but the RV Park. They also purchased the road and the cul-de-sac and they are aware that they will have to maintain the road.
Mayor Hansen explained that the storage units were a very controversial issue when the conditional use permit was issued. Some of the stipulations of the conditional use permit have not been met at this time. Mr. McPhie stated that they thought everything had been completed with the exception of the drainage plan which they have turned into the Building Inspector.
Mayor Hansen went over all the stipulations:
3. not complete
6. Not complete, the cul-de-sac is not completed because it is only 40' wide and it needs to be 80' wide to allow for emergency vehicles. The fence will need to be moved. Mr. Randy Erickson said that he is not sure if there is an agreement with the HO there yet.
8. not complete, he needs to apply for a water connection and pay the fee
9. Not complete, Mr. Randy Erickson said that he received a letter from our engineer stating that the plans are not adequate so they will need to fix them
12. Not complete, the fence is only around the one building, it is not around where the second section/building will go later. Mayor Hansen said that he is okay with the way it is because we can require the remainder of the fence when they come in for a second phase. Mr. Erickson asked about landscaping the entire project and do we want to require the fence by the landscaping. Mayor Hansen said that the berm needs to be done now. It can be on the property line or adjacent to the building but the property needs to be buffered.
Council Member Leonhardt said that he is here for a business license application. He suggested that we consider allowing the business license if we receive a letter of credit for the amount to finish the improvements. That way we can give them some time for finish the improvements. The Building Inspector can work with them to come up with a figure for a letter of credit or some kind of financial security. We also need a deadline. We will give him a list of the items that they need to complete. The Council agreed that lilacs will be fine for a buffer. Sales tax is not required.
Council Member Gray made the motion to approve the business license application at this time with the following stipulations that are found in the original conditional use permit. They need to complete items 3, 6, 8, 9 and12 and that those items must be completed within 150 days. Mr. Jeff McPhie said that is reasonable. Council Member Gray said that a letter of credit must be provided to the Town to make sure these items are corrected. We need the letter of credit by the next meeting. The license won’t be issued until they provide the letter of credit. Council Member Seiler seconded the motion. All in favor and the motion carried.
Council Member Seiler said that she understood that Mr. Lantz wanted to put in a bathroom in one of the storage units. Mr. McPhie said that they are not planning on doing that.
Summit Title & Escrow, Anne Marie Johnson
Ms. Johnson said that she wants to open a branch office in the Recreation Realty building, upstairs by the spa area. She will take half of the space for her title company. Mr. Erickson said that his concern is the ADA. He suggested that we get a letter from the Mr. Paul Webb allowing them to use his office if they have someone that needs ADA. The letter needs to state that due to handicap requirements he will provide a space for her if someone can’t use the stairs. She will only have one or two people at a time and it will be by appointment. They have a business in Logan.
Council Member Gray made the motion to approve the business license application for Summit Title & Escrow, Anne Marie Johnson, with the stipulation that they provide the Town a copy of the state license and letter from Mr. Paul Webb for ADA access. Ms. Johnson asked about signs. Mr. Erickson said that he will work with her to make sure she is in compliance with the ordinance. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
The Council agreed to move to agenda item #6.
ACCESS HOME CARE & HOSPICE, Chad Mangum
Mr. Mangum explained that they are a federal funded program through Medicare, Medicaid and public insurance to do home care and hospice. They are currently licenced in Logan. They get doctors, nurses, etc. to the home where they are needed. He feels like they could provide 12-14 jobs in this area. This business will enhance what is already here. They won’t compete with the clinic because it is a different type of service. They will work with the clinic and with Bear Lake Physical Therapy. They will be located in the same building as the clinic.
Mayor Hansen said that it is more than just medical care. Council Member Gray said that we have heard from the community that we need this type of a service here.
This discussion is just to inform the community that the service is available. He will come back next month for a business license.
OPEN THE BUDGET TO SPEND FUNDS
Mayor Hansen explained that we have made some expenditures that are significant enough that we need to open the budget to make those purchases. The two large purchases are the property for the park and the new Building Inspector vehicle.
Council Member Leonhardt made the motion to open the fiscal year budget, July 1, 2005 through June 30, 2006. Council Member Seiler seconded the motion. All in favor and the motion carried.
Property purchase: The total amount for the property is approximately $192,000. We had a grant for $62,000 so we spent approximately $130,000. This was the beginning stages for the new library.
Council Member Leonhardt made the motion to approve the expenditure of $130,000 for the purchase of property. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
The new Building Inspector vehicle: The cost for the new vehicle was $19,500. The other vehicle is no longer trustworthy. The funds will all come out of the Building Inspection funds. The county will pay ½ of the amount and they are aware of the vehicle.
Council Member Satterthwaite made the motion to approve the expenditure for the new Building Inspector vehicle. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
SWAN SPRING CULINARY WATER PROJECT UPDATE
Mayor Hansen said that there have been some changes in the treatment plant design. We are sizing the plant to be larger than what is currently needed because we are in better position to understand what we need. The changes are in terms of the mechanical stuff. They feel that we should increase more modules to the racks inside the plant. We also need to increase the capacity of the air compressors, the pumps and the water heating system that flushes and cleans the filters. We need to put that in place now so we can add the modules when needed. This increase is still within the budget.
Mayor Hansen and Mr. Andersen are going to New York to look at the new system. Pall Corp is paying for the trip. Also, 2 of the engineers are going with them. The Council agreed that they can use the Town funds for some of the costs.
Community Development Block Grant
We should be able to close on the property by the end of this week, then this grant will be completed.
Rural Community Grant
We have already received funding for this grant. This project is completed the signs just need to be installed next spring.
Transient Room Tax Grant, 2005
We turned in the documents for reimbursement and are still waiting.
Transient Room Tax Grant, 2006
Council Member Gray is still working on the right of way issue with the property owner along Hodges Canyon Road. They are still working to determine if there is a legal access to the forest area from Hodges Canyon Road. The property is directly adjacent to Hodges Canyon Road.
The Council discussed the access up Hodges Canyon.
New Board of Adjustments Member
Mayor Hansen said that he does have someone in mind for the Board of Adjustments, he still needs to talk to them.
Certified Citizens Planner Seminar
Council Member Satterthwaite, Mr. Erickson, Ms. Hislop and a couple Planning & Zoning Members will go to this seminar, which is in March in Logan.
House Bill 16
Ms. Hislop explained that because of this bill we may need to start recording our meetings. We will watch the progress of this bill.
Letter of Credit for Elk’s Ridge
The Letter of Credit for Elk’s Ridge expired in December and we needed a new one. The president of Cache Valley Bank said that it should be issued by the end of next week. Mayor Hansen suggested that the irrevokable letter of credit needs to be issued until the project is done, with no expiration date.
We have a foreclosure on the property where 3rd west comes off the highway. Mayor Hansen did talk to Mr. Frank Smith about this issue. Mr. Smith indicated that they are almost to a conclusion with this issue. He will either acquire new funds to pay for the property or he does have the funds to pay outright. He will keep Mayor Hansen posted on this issue. The default notice expires on the 16th of February.
Past due Lockwood fees
Lockwood Development has not paid their fees for the development of their project. Mayor Hansen said that they are not to be on the agenda until the bill is paid, which is approximately $3,000.
Mr. Erickson said that there is a person that wants to purchase the property across the street from the Lockwood Development. They were trying to find the property lines. The highway is only 66' wide, but UDOT has a 100' right of way. That means that the Lockwood property and the bike path may be on the UDOT right of way. Mr. Erickson is trying to get UDOT to tell him where the right of way is.
BUILDING INSPECTOR REPORT
Mr. Erickson passed out his year end report for 2005. He went through the report with the Council Members. This year we ended up with 199 permits with a valuation of $27,000,000 for the entire county. The fees collected for Garden City was $124,000.
COUNCIL MEMBER REPORTS
Senate Bill 170
Council Member Seiler stated that we can send comments to the state regarding this bill. The Utah League of Cities and Town’s is asking for immediate response to SB170. They have a resolution that they are requesting the Council adopt stating their opposition to SB170. It is significant enough and we should sign the resolution. Council Member Satterthwaite said that the HB ties the hands of our government of do what we need to do. Council Member Gray suggest that we move on the resolution because of the information that we have and the time line to get it done. The information that we have shows that it is detrimental to the community as a whole.
Approval of Resolution #R06-01, The Garden City Town Council showing opposition to SB170, Land Use Amendments
Council Member Gray made the motion to approve Resolution #R06-01 which is opposing SB170, Land Use amendments. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Council Member Seiler said that she feels that everyone should fill out a disclosure form. Mayor Hansen agreed.
Council Member Gray said that he does have the information for the GPS units and will be ready with a presentation for next month. He will also contact Utah State University for the landscape architecture. He will also have the business license change to the ordinance next month.
New Planning & Zoning Members
Council Member Leonhardt said that he is exited about the new Planning & Zoning Commission Members. He will try to do some extensive training for them.
Council Member Leonhardt made the motion to pay the bills as presented. Council Member Gray seconded the motion. All in favor and the motion carried.
There being no further business to discuss, Council Member Gray made the motion to adjourn the meeting at 9:50 p.m.
Kenneth Hansen, Mayor