Meeting Minutes January 2007


MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

 

The Garden City Town Council held their regularly scheduled meeting on January 11, 2007 at the Garden City Office, located at 145 W. Center (Logan Road).  Mayor Hansen opened the meeting at 5:00 p.m.

 

Roll call of  Council Members Present:                

 

Kenneth Hansen, Mayor

Margaret Satterthwaite

Elizabeth Seiler

Larry Gray

Brian House  

 

Others Present:

 

Kathy Hislop          Rulon Crosby

Jason Linford           Mel Larsen

Bobbie Coray          Mark Hislop

Anita Weston          Gerald Hunsiker

Scott Bessinger         Dennis Bullock

Norm Mecham         Bryan Lyon

Linda Terry             Bill Serviss

Jan Luczak              Frank Smith

Doug Madsen          Joe McCord

Jeremy Smith           Howard Weisenberger

 

 

Mayor Hansen welcomed everyone to the regular scheduled meeting.

 

APPROVAL OF MINUTES

 

Public Hearing held on December 14, 2006

 

Commission Member House made the motion to accept the minutes of the Public Hearing held on December 14, 2006.  Commission Member Satterthwaite said that Mayor Hansen was the only one at the meeting and she is not sure that they can approve the minutes.  Motion Died for lack of second. 

 

 


Council Member Satterthwaite said this needs to be done correctly.  The Council discussed whether this was noticed properly. 

 

Council Member Gray suggested that another public hearing be held on this issue.  It was discussed that the annexation that was discussed during the public hearing was approved during the Town Council meeting held the same night and the plat and resolution have already been recorded with the County Recorder.  Council Member Gray asked what could possibly change with another public hearing.  There was no business or public comments during the public hearing.  All the comments that were made during the public hearing were from Mayor Hansen explaining the reason for the public hearing. 

 

Council Member Gray said that due to Mayor Hansen being the only Council that attended the meeting, he suggested to approve the minutes based on how we read them based on the fact that the Council wasn=t in attendance.

 

Council Member House made the motion to accept the minutes of the public hearing held on December 14, 2006 acknowledging the fact that he was not at the meeting and that there is no opposition to the annexation and that the Mayor has acknowledged the fact that there is nothing wrong with the minutes.  Council Member Gray seconded the motion with the same intent.  A roll call vote was taken; Council Member Gray, for; Council Member House, for; Mayor Hansen, for; Council Member Satterthwaite, abstained; Council Member Seiler, abstained.  Motion carried.

 

Regular Scheduled meeting held on December 14, 2006

 

Council Member Satterthwaite moved to approve the minutes of the regularly scheduled Town Council meeting held on December 14, 2006.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

Executive Session held on  December 14, 2006

 

Council Member Gray made the motion to approve the minutes of the executive session held on December 14, 2006.  Council Member House seconded the motion.  All in favor and the motion carried.   Council Member Satterthwaite said that all the copies need to be destroyed and the original will be kept according to GRAMA Law.                                                                 

BUSINESS LICENSE DISCUSSION/APPROVAL

 

Epic Construction, Nate Ward

 


Mr. Ward explained that he is applying for a business license to be legal to operate in the State of Utah.  He is a general contractor for residential and small commercial.  Mr. Ward is applying to run the business out of his new home on Spruce Drive, he doesn=t currently live there but he is building a new home.  He will need a letter from the Buttercup HOA.  This will be a home occupation ran out of his home. 

 

Council Member Seiler said that a home occupation is a conditional use in the new ordinance.  Mr. Ward will need to go to the Planning & Zoning Commission  for a Conditional Use Permit. Once he is approved for a conditional use permit he will need to come back to the Town Council for his business license and the Conditional Use approval. 

 

Council Member Gray requested a way to make sure that the applicants end up in the right place from the beginning.  Mayor Hansen explained that this was missed because of the recent changes to the ordinance.

 

ORDINANCE DISCUSSION/APPROVAL

 

Ordinance #07-01, An ordinance to update Title 3, Municipal Government, Chapter 3-100, Municipal Governing Body; Chapter 3-200, Meetings; and Chapter 3-500, Appointed Officials and their Duties.  

 

Mayor Hansen explained that we had a public hearing prior to this meeting and there were no concerns from the public.  The Council reviewed the ordinance and made a few minor changes.

 

Council Member Satterthwaite moved to approve Ordinance #07-01 together with the provisions covering Governing body, meetings, and appointed officer, as published with the corrections that have been noted.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Ordinance #07-02, An Ordinance providing for a Moderate Income Housing Authority for Land Use and Development within Garden City.                                                         

 

The Council reviewed the ordinance and made minor changes.  The creation of this committee will be advisory to the Council.

 

Council Member Satterthwaite moved to send Ordinance #07-02 to public hearing with the recommended changes.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Ordinance #07-03, An Ordinance Providing for the Creation and Guidelines for the Garden City Land Use Authorities.

 

Council Member Satterthwaite showed her suggested changes to the proposed ordinance for the Town Council section.  The Council agreed to make the changes to the ordinance.

 

 


Mayor Hansen explained that the state is requiring towns to define by ordinance, who is the land use authority for each land use decisions.  This process does give people better due process.

 

Council Member House made the motion to send Ordinance #07-03, an ordinance providing for the creation and guidelines for the Garden City Land Use Authorities, to public hearing as so amended.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 

Discussion Regarding Proposed Revisions to Garden City Ordinance 11E-200 Definitions, Classification of Roads, A-20 through A-24.

 

Council Member Seiler explained that she has been working on the classification of roads, 11E-201 definitions, A-20 through A-24.  She explained the proposed changes to the ordinance.  She also explained that they are trying to keep the names consistent so she is changing road or street to roadway.  She explained that 11A-101 is also a list of definitions and they need to be consistent. 

 

Council Member Seiler stated that she is also working on the road standards and asked the Council if they want to include that right now, and include the wording that it would be in accordance with Garden City standards.  Mayor Hansen said that the Council is  probably in line with the proposed definitions but we need a section in the ordinance that is dedicated specifically to roads and specifications and the regulation.  Council Member Seiler stated that ordinance will take a lot of work.  Mayor Hansen said that we need to get the definitions passed now and work on the road ordinance but not make a reference to the specifications yet. 

 

Mr. Linford explained that the sheet that was drafted with a road cross section shows a 24' pavement width with 3" of asphalt, 6" road base, 12" of pit run, which is a standard to make sure the developers give us a nice road.  If we tie that back to the ordinance there are some roadway/right of way widths that the proposed standard would not fit.  Mayor Hansen suggested that we just state that it as a typical cross section.

 

Mr. Linford explained that we really need to decide whether to allow a 30' or a 40' roadway width.  There may be a need for some 30' or 40' widths and that would be determined based on the  subdivision.  Council Member Seiler said that within our subdivision we are not typically requiring sidewalks so the wider roads allow for people walking and also people on bikes. 

 

Council Member Seiler suggested that we add Aroadway and access@  because we don=t define access in the ordinance.  We will need to add that to the definitions because at some point we will have people make application of where they are going to ingress and egress onto city streets. Council Member Seiler suggested that the definition for Roadway and Access be, a Ameans for a motor vehicle to move from roadway to roadway or between private property and public roadway@.

 

 


Council Member Gray said to keep the two ordinances consistent we need to change both ordinances and they will both have to go to the public hearing.

 

Council Member Gray made the motion to prepare both ordinances and send them both to public hearing with the removal or adjustment of #69, #44 and #2 from 11A-100 and send them both to the public hearing together.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Discussion regarding proposed Ordinance, Title 11C - Land Use - Zoning, Chapter 11C-2000 Flag Lots.

 

Mayor Hansen asked if this will replace the existing minor subdivision ordinance.  The Council didn=t feel that was the intent of this proposed ordinance.  There is no provision presently for flag lots.  This is an addition to the minor subdivision ordinance.  Mr.  Frank Smith explained that the Planning & Zoning Commission decided to address flag lots because it kept coming before them.  They felt that there were some issues that were just too general with regards to residential and commercial so they decided to look at cleaning that up.  The intent is to redefine what a flag lot is and how to deal with them.  They feel that this has nothing to do with minor subdivisions.  The Planning & Zoning Commission felt like they needed guidelines to deal with these types of requests.

 

Mr. Rulon Crosby explained that he sees no reason for a 30' staff access for a flag lot on a residential home.  He feels that 30' is way more than is needed for a private drive.  He said that the Council is putting an undo restriction on developers and getting away from what a flag lot is designed to do.  30' is the width of a city street which is a public road and not a private driveway.  The Council discussed the 30' requirement and a definition for a flag lot.   Mr. Smith stated that the Planning & Zoning Commission felt that the 30' was a safety issue.

 

Mr. Linford stated that the proposed ordinance states that 2 flag lots may not share the same staff so in the event of accessing more than one lot in the back then it should become a roadway and not a driveway if you=re accessing more than one lot and it should be a minor subdivision.  Mr. Smith said that was the intent of the Planning & Zoning Commission.  Mr. Linford said that in that case, if it is just to access one lot or a driveway to one lot then maybe the width can be reduced.

 

Council Member Satterthwaite stated that she inquired of some of the smaller Cities in the State and many of them, because of the difficulties with regulating these and the issues raised about emergency vehicles, many do not allow flag lots at all.  She stated that this ordinance comes to us as a recommendation from the Planning & Zoning Commission.

 


Council Member Seiler asked if this is a house behind a house how does the commercial section fit in with it.  Mr. Smith explained that the more they worked into it they felt that they needed to look at the commercial aspect because it then becomes a bigger issue.  It would all need to be looked at on an individual basis. 

 

Mayor Hansen suggested that we take out 11C-2002, B, regarding commercial, and let this ordinance address individual flag lots and change the width of the driveway at 15' or 16'.   It would only be a single flag lot.  Council Member Satterthwaite suggested that the discussion that was had tonight go back to the Planning & Zoning Commission.

 

Council Member Satterthwaite motion to send some of the discussion and details of it back to Planning & Zoning for consideration.  Council Member House seconded the motion.  All in favor and the motion carried.

 

The Council discussed 11C-2002, B, is that commercial buildings or commercial zone.  The Council stated that is what they are requesting from the Planning & Zoning to put some guidelines of what that really means.

 

Discussion Regarding Proposed Personnel Ordinance

 

Council Member Satterthwaite explained that this ordinance just gives the Council the authority  to draft the personnel policies and procedures and to set some of the main things that are required in a personnel policy.  It=s a piece of an enabling legislation.  It is pretty consistent city to city.  Council Member Gray suggested that we change sexual harassment to unlawful discrimination.  The Council agreed with that change. 

 

Council Member House made the motion to send to public hearing as amended and to be  reformatted with the correct numbers and headings.  Council Member Satterthwaite seconded the motion.  All in favor and the motion carried.

 

DISCUSSION/APPROVAL REGARDING THE CREATION OF A BOARD OF TRANSPORTATION COMMITTEE

 

Council Member Seiler explained that she is working with Commission Member Huefner on the transportation section of the General Plan.   One of the issues is determining what is under the transportation section, is it roadways, parking, traffic, trails etc.  It is not really specific or clear what the roles or responsibility are.  They want to set up a pre-board for transportation.  This pre-board may consist of Council Member Seiler, Council Member Gray and Commission Member Huefner and they will put together a permanent Transportation Board.  They will do this following the guidelines of ordinance# 06-31.  Mayor Hansen suggested that he and Mr. Travis Hobbs be a part of the pre-board.  Council Member Seiler suggested that they would like to meet weekly for awhile to get caught up and get things going.

 

This would be an open meeting with a quorum so someone will have to take minutes.

 

 


Council Member Satterthwaite moved to approve a pre-board that would do some definitions and go about the task to create a Board of Transportation.  Council Member House seconded the motion.  All in favor and the motion carried.

 

REVIEW/AWARD OF THE NEW LIBRARY/TOWN HALL DESIGN BIDS.

 

Mayor Hansen explained that bids were received by Design West, Bearfoot Graphics and Architectural Nexus.  Mayor Hansen opened this up for discussion by the Council.  They discussed the bids and what it would cost to do the proposals for the designing of the new town hall/library within the town limits.

 

Mr. Bill Serviss, Bearfoot Graphis, said that he is not an engineer or an architect, his plans will be designed by him and be approved by an engineer or architect.  With his bid there would be an additional fee for the architect/engineer. 

 

The Council looked over all the proposals.  Council Member Satterthwaite said that it is overwhelming.  Council Member Seiler asked if we have figured out what the finished product will cost and if we are prepared to commit.  Mr. Frank Smith said that a commercial building would cost a minimum of $100 square foot.  Mayor Hansen said that we are collecting the 1% resort tax that can continue to fund this project.  Right now we have more than $450,000 in the PTIF account that is set aside for this project and we can work with Rural Development to help with the remaining funds.  We can use the money from the 1% each year to make the payment.  We can also try to secure a grant and a low interest loan. 

 

Council Member Seiler asked if there is a cap as to how much we can be in debt.  The Council felt that there is but we don=t know right now what that is.  Rural Development would look at all of that if we decide to work with them on the funding.  Mayor Hansen said that the water funding is a different type of bonding.

 

Council Member Seiler suggested that we have some of these questions answered before we go any further. We need to come up with a estimated reasonable figure for the cost and then look further at the building.  The Council decided that they would put these bids on hold at this time and work on getting the cost and funding for the new building.  We will also work with the Fire Department to see what our options are with this building.

 

DISCUSSION/APPROVAL OF BOUNDARY LINE AGREEMENT FOR PARKING LOT BETWEEN WORLDMARK PHASE II AND HARBOR VILLAGE

 

There is no one to represent Trendwest or Harbor Village so they will need to come back next month with a representative.

 

 

 


SUBDIVISION DISCUSSION/APPROVAL

 

Final subdivision application to divide property on 200 North into 7 lots, property is located on 200 North, between 1st West and 3rd West.  Mr. Scott Bessinger

 

This request has already been through the Planning & Zoning Commission for approval of the final plat.

 

Council Member House made the motion to approve the final plat for the subdivision of property for Mr. Scott Bessinger into 7 lots.  Council Member Gray seconded the motion.  Council Member Seiler said that intersection at 300 West and 200 North, she is concerned that road will be the major highway and if it will work.  She would like more land on that corner for that intersection.  Mr. Bessinger said that he already gave more than 700' going down 3rd west.  Mayor Hansen said he doesn=t feel that it would make any difference if Mr. Bessinger gives more property for the intersection because the carwash is there and it is already established.  He understands the concerns but can=t see how to acquire any additional property there.  Council Member Satterthwaite said that last time Mr. Bessinger explained that there are not water rights for that property.  Mayor Hansen explained that Mr. Bessinger is within the Town limits and he is putting in the water line along 200 North just as it was previously agreed.  The property is zoned commercial.  All in favor and the motion carried.

 

Preliminary Subdivision Application to add 15 lots to the Balsamorhiza Subdivision.  This will be included with future plats of Balsamorhiza, the Legends.  This property is located north of Hwy 89 and east of Bridgerland Village, Joe McCord.

 

Mr. Norm Mecham is representing Mr. McCord in this issue.  Mayor Hansen said that he is associated with this project and therefore vacated his seat to Council Member House to preside over this request.  Mayor Hansen left the room at this point.

 

This is a piece of property that is within Mr. Mechams development but is owned by another person.  Mr. Mecham explained that they did the preliminary for the Legends last month but Mr. McCord wasn=t ready at that time, so now this property will be included with the Legends as long as they meet the same requirements as the Legends.  It has all been engineered together and planned to include these lots. 

 

The recommendation from the Planning & Zoning Commission was that they meet the same requirements as the Legends.  It will all be together on the final plat.  Council Member Seiler said that the recommendation was also based on parking and utility easements.  Mr. Mecham said that they will provide for additional parking on the final plat and they will also provide the utility easements on the final plat.

 

Mr. Mecham said that the issues with Bridgerland are being worked out and should be completed prior to the final plat.


 

Mr. Mecham said that Mr. McCord doesn=t show the 10% open space on their preliminary plat but they will provide for the 10% open space on the final plat.  They will either provide in their own section or within the Legends area.  Either way it must be shown on the final plat.

 

This is preliminary approval only for the 15 acres/lots.  Mr. Mecham said that he is working on the 2nd ingress/egress for the Legends and it will be shown on the final plat. 

 

Mr. Mecham said that when they come back for the final they will all be together.  Part of the water rights that Balsamorhiza is giving to the Town goes with the 15 lots.  Mr. Mecham said that the Town has already committed to so many connections for this project.  The master plan for Balsamorhiza was approved in 1999 and the preliminary for the Legends was approved last month by the Town Council for the 86 lots and this request is just for an additional 15 lots. 

 

Council Member Satterthwaite said that she still goes back to the water shares that are still not proofed up.  Mr. Mecham said that Mr. Ken Tuttle told him that there is not a problem with those water rights.  Council Member Satterthwaite said that she has never heard him say that.  Mr. Mecham said that we have a letter in the file from Mr. Tuttle recommending that the water that was turned over to us calculates out to 480 culinary connections. Council Member Satterthwaite said that it was two different things, what Mr. Tuttle was saying is how many units

he could have with the 1 cfs.  Mr. Mecham said that was right, they didn=t deal with the other rights at all.  Council Member Satterthwaite said that right is still in a lapsed status, they have never been brought current.  Mr. Mecham said that was the other rights that they haven=t even dealt with.  Council Member Satterthwaite said that the 1 cfs is still lapsed.  Mr. Mecham said that Mr. Tuttle filed an extension on that 1 cfs.  Discussion regarding proofing up on rights and showing usage.  Council Member Satterthwaite asked how long the extension is good for.  Mr. Linford said that he is not sure how long the extension is good.  He said that we need to show beneficial use or file for another extension before the extension expires.

 

Council Member Satterthwaite said that the agreement that Mr. Mecham keeps referring to is an old agreement and with that agreement Mr. Mecham agreed to come with 2 different water rights.  One of those rights was for 3 cfs, which was lapsed when it was brought to the table.  Mr. Mecham said that he can=t remember if it was lapsed but all he has dealt with was the right with the 1 cfs.  He will work on getting the other right re-instated.  He is working with the state and also through a water rights attorney.  He stated that he understands that the culinary connections that the Town agreed to were not based on that right.  They were only based on the 1 cfs which was filed with the state and should be in the Towns name. 

 

Council Member Satterthwaite said that we need to make sure that we are tracking through the proper procedures when we work through these each time.

 

Council Member Gray made the motion to approve the preliminary subdivision application to add the additional 15 lots to the Balsamorhiza Subdivision.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

Council Member House turned the table back to Mayor Hansen.


 

Cottonwood Subdivision Conceptual Plan to divide property owned by Rulon Crosby, Doug Thompson and Mel Larsen

 

Mr. Crosby explained that they submitted a subdivision plan for 2 separate subdivisions and that was not approved by the Planning & Zoning Commission, so they are withdrawing that subdivision and are submitting a combined subdivision.  Mr. Larsen asked if they could add one additional lot to the conceptual plan.  The Council agreed that would be okay because this is just conceptual.  They will have it changed for the preliminary plan. 

 

Mr. Crosby said that Mr. Larsen has water shares for his lots but he does not for his property.  Mr. Crosby would like to apply for water under the new ordinance.  He just wants to make it understood that he doesn=t have any water for his lots.  Mr. Larsen has enough for his development.  Mr. Crosby said that he has contacted Mr. Linford and he has calculated what they need for the development, which is .82 shares per 2 acre lot.  We don=t have the fair exchange, momentarily, at this time.  We need to determine that for Mr. Crosby.  This would be purchasing water rights and it would be in addition to the impact fees.  Mayor Hansen explained that we are requiring people to bring water to exchange for connections within their development. 

 

Mr. Crosby asked how he could apply for water or water shares.  Mayor Hansen said that he will need to work with the Town Council and the Town Council will work with the engineers to come up with a fair exchange. 

 

This is a conceptual plan for a major subdivision, not a minor subdivision.  Mr. Crosby said that they are working on the assumption that Cherimoya II and that the intersection off of Hodges Canyon will be completed.  They are working on the entrance to their subdivision coming off the right of way off that intersection. 

 

Mr. Larsen asked about dedicating property for a street such as 300 West.  Mayor Hansen said that just makes it so they can move forward with their development.  Mayor Hansen said that people have been very accommodating on donating property for 300 West to make sure it gets done.  It is  a benefit to the developers.

 

The Council discussed 300 West and the proposed changes to the direction in this area.  Mr. Crosby said that they will donate 50' for 300 West for their development.  He said that if 300 West is going to remain a gravel or a road base road they would probably keep the same gravel or road base in their development.  If 300 West is paved then they would pave their road and turn it over to the Town.  Mr. Larsen has a right of way there now and they can make it their entrance into their subdivision. 

 

Mayor Hansen said that we can=t approve their proposals unless we have adequate flow for the subdivision. 

 

Mr. Linford said that he is working on 300 West with the impact fee study.  Mayor Hansen said that 300 West should be included in the General Plan.


Council Member Satterthwaite said that we need to state that this is a voluntary giving of the property for the road so it doesn=t look like a taking.

 

Council Member Seiler asked about the second access for his subdivision.  Mayor Hansen said that we have subdivisions in Town with more lots on a cul-de-sac and he is okay with that.  Mr. Crosby said that he has an emergency exit onto the highway.  Council Member Seiler said that they really need to have an 80' cul-de-sac.  The proposed road is 30'.  The Council discussed the width of the road.

 

Mayor Hansen said this is a conceptual subdivision plan and the Planning & Zoning Commission needs to look at it and make the recommendations.

 

Council Member House made the motion to accept the conceptual plan for Cottonwood Subdivision as presented with 7 lots maybe going to 8 lots.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 

Woodhaven Subdivision Final Plat Application for property owned by Michelle Locey

 

Mr. Mark Hislop is representing Ms. Locey for this request.  Mr. Hislop explained that the purchase of this lot has closed and it is a seller finance.  Mr. Hislop explained that the current plat is a little bit different than what was in the packet because of the requests of the Planning & Zoning Commission.  He explained that this is an existing lot that is a non-conforming lot because it has 2 existing dwellings.  The people that have purchased the property want to divide it so it is a conforming lot.  Lot 3 has already been bought and purchased and is a separate transaction. 

 

Council Member Seiler stated that the new ordinance that is being proposed states that you can=t have one access for two lots.  Mayor Hansen said that we can=t go by that ordinance until it is approved.  We have to go by the ordinance that is on the books right now.  Council Member Seiler stated that we don=t have a flag lot ordinance right now.  Council Member Seiler read from the description of a lot that states that they must have frontage on a road.  Mr. Hislop said that lot 3 would have 15' feet of frontage onto the state highway.  Council Member Gray stated that it does have frontage, the ordinance doesn=t state a minimum frontage so it does meet the requirement of the ordinance the way it is written tonight.  Mayor Hansen said that it is contiguous to the street through the easement.  The easement has a description on the plat. 

 

Mr. Hislop explained that the property owner only wanted to do a 20' easement but the Planning & Zoning Commission required a 30' easement so they change it to 30' and moved the easement further north to give more of a set back for the existing home.  He explained that Planning & Zoning requested that the existing home meet the setbacks for a residential home just in case it was ever sold off separately.  This new plat gives a larger side set back.

 


Council Member Gray asked Mr. Hislop if the new property owners changed the easement to 30' based on what Planning & Zoning told them because of  what=s coming with the new ordinance.  Mr. Hislop said the decision was made on the 30' based on the discussion from the Planning & Zoning and the flag lot ordinance.  Council Member Gray said that even with the 20' easement it is still okay because it still provides frontage to the highway.  He asked what predicament it puts the applicant in if in fact their desire is to maintain the 20'.  Council Member Gray said that he is concerned about basing things on ordinances that are not in place.  Council Member Satterthwaite said that if he is concerned about that he should be concerned that we don=t have a flag lot ordinance.  Council Member Seiler said that we are also concerned about emergency vehicle. 

 

Council Member Gray asked what the property owners want, do they want a 20' easement or a 30' easement.  Mr. Hislop stated that the plat needed to be changed because the Planning & Zoning said that the easement needed to be moved away from the existing building because if they went with the existing easement and they ever wanted to sell off  lot #1 it would not meet the side set backs, because the easement would be too close to the existing home. To establish the proper set back it needed to be moved a couple feet anyway and they felt that it would be better to move it further north. 

 

The existing buildings have been there since 1995. 

 

Mr. Hislop said that they have done everything they could do to meet the ordinances that are in place.  They would like final approval to get this to a conforming lot and get it recorded.  Council Member Gray asked if they want approval on what he is presenting tonight.  Mr. Hislop said yes.  They are okay with what is presented tonight.

 

Council Member Gray made the motion to approve the final application to divide one lot into 2 lots at 184 S. Bear Lake Blvd.  Council Member House seconded the motion.  All in favor and the motion carried.

 

PLANNED UNIT DEVELOPMENT DISCUSSION/APPROVAL

 

Lockwood Subdivision Final Plat Application, Phase II, Dennis Bullock

 

Mr. Bullock said that this is the same layout that was approved with the Master Plan for Lockwood Subdivision except that they added more parking and took out one lot.  Mr. Bullock said that they want to put in the infrastructure but the only thing that they won=t have done until they start in phase II is the asphalt. They will lay the asphalt next month if they can.  Council Member Seiler said that it was clear with the motion that was made that phase I will be completed before another phase is approved.  Mr. Bullock said that he can=t put in the asphalt right now because of the seasons and we can=t hold everything up because of asphalt.

 

Council Member Satterthwaite asked what completion means.  Council Member House said that the concern that Planning & Zoning had is the amenities.  People are buying lots thinking that they will have amenities at some time in the future.  The only way to make sure the amenities are completed is to make him complete the phase before we approve the next phase.   Mr. Bullock said that the amenities are in phase II.  He also said that Planning & Zoning didn=t have any problem with the timing with Phase II because of the seasons.  They are at 72 lots.


Council Member Seiler said that there was a whole list of things from the Planning & Zoning Commission, which included the letter of credit, the open space, etc.  These are the things that should have been completed for phase I.  Mr. Lyon stated that they have been completed with phase I and the plat has been recorded.

 

Mr. Bullock stated that there is no parking on the street but there is designated parking along the roadway.  Mr. Lyon said that there are 4 parking stalls for each house if you consider the garage and the 2 spots in front of the garage.

 

Mr. Bullock said that they will either have a letter of credit or have the infrastructure finished before the plat for phase II is recorded.  Mayor Hansen explained that once the plat is recorded we have the letter of credit to make sure everything is done. 

 

Included in Phase II will be a pool with a jetted tub and a changing room.  There will only be 10 parking spot for the pools.  They will not allow the daily weekly or monthly rentals within the subdivision.  They can rent for a year at a time.

 

The left turn lane is under the letter of credit that will expire next fall.  They hope to get the turn lane done this spring.

 

Mr. Linford said that he has no concerns with this plat other than the recommendations spelled out on his letter.

 

Council Member Seiler stated that the letter from the attorney stated that we need the legal description.  Mr. Bullock showed that it is on the plat.

 

Mr. Bryon Lyon stated that they went through the current ordinance to make sure everything is on the plat.

 

Council Member Satterthwaite asked if phase II needs to have access onto 3rd West.  Mr. Frank Smith said that he has already signed off for the easement, which the deed will be recorded with the plat.

 

The ATV trail goes from Harbor Village, parallel to 3rd West and along the south side of Elk=s Ridge to get to the Forest Service.

 

Mr. Linford asked if this subdivision was started under the old water transfer process or the new ordinance.  Mayor Hansen said that we need to go with the new ordinance/process.  Mr. Bullock will work with Mr. Linford to do a review of the water rights and calculate the requirement for the transfer for this phase.

 


Council Member Satterthwaite read from the suggestions of the attorney where we are approving subdivisions and having streets go from one development to another and not have them all access off of main roads.  We should have them combine their accesses from one subdivision to another.  Mr.  Frank Smith said that subdivisions are not necessarily willing to have other subdivisions using their roads or accesses.  They don=t want the additional traffic on their roads.  Mr. Bullock said that he has designed his development so it could be a possibility with other subdivisions.

 

Council Member Satterthwaite moved to approve the preliminary.  Council Member House seconded the motion.  All in favor and the motion carried.

 

Mayor Hansen has declared a conflict with the next request and deferred to Council Member House to preside. 

 

RE-ZONE DISCUSSION/APPROVAL

 

Mr. Norm Mecham stated that they would like to re-zone this area from recreational residential to community commercial. Council Member Satterthwaite said that this is a good spot for commercial property.  Mr. Mecham said that he would like to build a sales office there and a few small shops.  This property is right on the major thoroughfare.  They have talked to UDOT and they are in the process of doing turning lanes for this area.  They do have an easement to access this property.

 

Council Member Seiler asked why we don=t change the property to highway commercial since it is on the highway.  She said that it would fit what he is talking about.  Mr. Mecham explained that when they looked at the ordinances he decided that they would prefer to change it to community commercial because all uses are conditional use in the highway commercial zone.  There are permitted uses in the community commercial zone.  The highway commercial zone is more restrictive and so his preference would be community commercial. 

 

Council Member Gray made the motion to approve the request to re-zone to community commercial from recreational residential.  Council Member Seiler seconded the motion.  All in favor and the motion carried.

 

The property will be landscaped nicely on both sides of the road. 

 

Council Member House turned the table back over to Mayor Hansen.

 

DISCUSSION OF LETTER FROM C. RICHARD HENRIKSEN JR. WHO IS REPRESENTING JAYNE & BRAD DAVIS

 

Mayor Hansen said that he is okay with what they are requesting.  The fence has been installed.  The Council doesn=t have any concerns with what they are requesting.  Council Member Satterthwaite said that they will end up better than with the original agreement.  Mayor Hansen said that we will move along and be good neighbors.

 

SWAN SPRING CULINARY WATER PROJECT/TREATMENT PROJECT UPDATE.

 


Mr. Linford passed out an example of what they are proposing for the site plan.  With the survey it appears that we will have plenty of road access to the plant.  He showed the site plan for the water tank and the treatment plant.  Mr. Linford explained that they are about 95% complete with the plans.  Mr. Linford said that we are on schedule for the treatment plant at this point.  He anticipates advertising for bids in February.

 

JSH is completing the plat for the Petersen subdivision so that can go to the County Planning & Zoning Commission soon.  Mr. Linford has discussed the concept with Mr. Al Harrison and he is okay with the plan for this subdivision.  We still need to work out the issues with the septic systems for the subdivision.

 

There may be a question on right of way issues up to the subdivision.  There is no easement accesses recorded.  We are working to get this resolved.  We are constructing the road and taking a water line to their property.  Our obligation is to get the subdivision to final approval.  Mr. Linford is working with Mr. Petersen on a proposed layout for the lots and the subdivision.  He said that when it is all said and done it will be a good deal for the Town to help him as opposed to purchasing property for the treatment plant.

 

Mr. Linford said that we still need every land owner in Little Switzerland to sign the plat.

 

Mr. Linford and Mayor Hansen are still working through the power issues with some of the property owners along the road and with the power company.  We could share a trench with the sewer line.

 

Council Member Satterthwaite said that she is concerned that we don=t have a board that is up to speed with the water issues.  Mayor Hansen said that he objects to a separate Water Board because it is such a hot issue and a beaurocratic issue that you can=t ever get through.  He said that he would go along with the Council if they decide to create a Water Board but he wouldn=t support it.  He said that the Council is the board.  Council Member Satterthwaite said that the Mayor Hansen underestimates the knowledge that he has and it would be a big hole in the Town if something happens to him.  She feels it would take too much time to get anyone else up to speed.

 

Council Member Gray suggested that we have an operational plan for the Towns water system.  We should have Mr. Hobbs get all the history and the current information of the system and get it in place with the GPS system.  Mayor Hansen said that the county finally has the flyover done and we can get everything put on that map so we have a complete system.

 

Council Member Satterthwaite said that it makes some sense to allow some canal shares of water to remain with the properties below the canal because we can require builders to install a single secondary system for their development.  That would save them the high cost of irrigation with treated water.  We need to work with the canal companies to do this.  Mr. Linford said that they did look at a secondary irrigation system with the treatment plant project but the cost was too restrictive.  Council Member Satterthwaite said that we need to work with the canal companies.

 


Mayor Hansen said that we need to require as built plans for every project.  We should not even waiver on that.  Mr. Linford said that he gave Mr. Hobbs some check lists to go over for developments.  The checklist includes road criteria, as built drawings, etc.  We need to have the documentation.

 

Mr. John Abraham and Mr. Hobbs will be doing the training for the treatment plant.

 

Mr. Linford said that we need to start looking and becoming familiar with the GPS equipment.  It is easier if we are familar with the equipment prior to the training.

 

DISCUSSION/APPROVAL OF CHANGE TO THE OWNERSHIP OF THE CABLE TV FRANCHISE, Direct Communications,  Jeremy Smith

 

Mr. Jeremy Smith explained that they are in the process of purchasing the cable TV franchise from ComCast and they need an approval to move that franchise from them to Direct Communication.  We have a current ordinance which outlines the franchise with Comcast.

 

There is no current office in Garden City, it is just the cables.  They will be using Direct Communications fiber for their cable.   Right now they just have to go with the lines that Comcast used.  Comcast currently has 55 subscribers in Garden City. They just want approval of the transfer so they can close the deal with Comcast.

 

Mr. Jeremy Smith presented a Consent Resolution for Assignment of the Franchise.  It is a resolution that needs to be approved by the Council but it is not listed on the agenda so this will be listed on the agenda for the meeting that will be held next Wednesday.  There will not be a quorum attending that meeting so the resolution will be approved electronically.

 

DISCUSSION REGARDING A NEW NAME FOR  300 WEST

 

The Council suggested that we hold a contest with the community and send out a request for a new name for 300 West with the survey that Planning & Zoning Commission is preparing. 

 

Council Member Satterthwaite moved to give the citizens an opportunity to have some input on the naming of the street and make it a question on the survey that we are planning on doing in the future.  Council Member House seconded the motion.  All in favor and the motion carried.

 

BUILDING INSPECTORS REPORT

 

Council Member Satterthwaite asked about the new arrangements since it is after the first of the year.  Mayor Hansen said that the County has  hired a fully qualified inspector and tomorrow we will hand over all the files to him. 

 

Mr. Cannon suggested that if the County Commissioners want periodic inspections done we charge them $75 per inspection in the Bear Lake Valley.  If it is out of the valley the charge will be $75 plus mileage.  We should do that by resolution not naming anyone specifically.

 

 


Mayor Hansen said that in regards to the white vehicle we have documentation that we are the owners.  We will be workable with the County Commissioners and not have any hang ups.  We need to help them out.

 

EMPLOYEE HANDBOOK REVIEW/DISCUSSION

 

The handbook is policy and should be approved by motion.

 

Council Member Satterthwaite said that she would ask to pull 2 sections out before approving the handbook until we can get an employee classification in place and deal with work hours, etc.  She is requesting to pull section 5 until we get some of the things in place, she would also want the compensation section pulled.

 

Council Member Satterthwaite said that there is a section in the statute that states that if a Town has a library and the library board are paid then we have an obligation to treat them the same as an employee.  She feels that there is a liability with that and we should check further into it.  She feels that we have some exposure. 

 

Council Member Satterthwaite explained that she feels the leave time must be based on hours worked.  If employees only work 7 hours a day they should only accrue leave time on the 7 hours and not 8.  The Clerk requested that the Council leave the holiday schedule in and approve that so the employees know which holidays are allowed. 

 

Council Member Satterthwaite made the motion to approve the Employee Handbook with the exception of the section on leave based on Mayor Hansen recommendation for leave based on time, that is the Mayors call.  Leave temporally in place the holiday schedule that is spelled out in the book.  Council Member House seconded the motion.  And also re-title section 12 as Unlawful Discrimination.  All in favor and the motion carried.

 

MISCELLANEOUS ITEMS

 

Mayor Hansen stated that Mr. Greg Bills and Mr. Frank Smith are amenable to serve another term on the Planning & Zoning Commission.  He presented those names for consideration.

 

Council Member House made the motion to accept those names and re-appoint them to the Planning & Zoning Commission.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 

Mayor Hansen will talk with Mr. Reilley regarding serving on the Board of Adjustments.

 

COUNCIL MEMBER REPORTS

 

Council Member Gray explained that we have the letter of approval from the County Commissioners for the trail head, which he has sent to the state for their approval.

 


Council Member Seiler said that she read the article on elections regarding using paper ballots or the electronic machines.  She said that the article says that we can still just use the paper ballots for Towns if we want to.  We should stay with paper ballots because of the cost.

 

Council Member Seiler would like to get the new ordinances in her book.  The Clerks will work to make the copies and the changes and get them to the Council.

 

Council Member Seiler said that Mr. Mecham told her that they would give us the right of way for Hodges Canyon Road if we take down the trees.  She wanted it in writing that we could drop the trees and burn them on their property.  Council Member Seiler said that she signed the agreement but didn=t read it very well before signing and since has noticed some problems with the agreement.  She wants to know how to fix it.  Mayor Hansen said that she should talk to Mr. Mecham about the agreement and they can work on it.  She will contact Mr. Mecham and work with him. 

 

Council Member Satterthwaite asked who can legally contract on behalf of the Town.  She feels that only Mayor Hansen can legally bind the Town.  She feels that all contracts needs to be approved by the Mayor and attested.  She would like specific written description of their assignments.  Mayor Hansen said that he would really like to give them the flexibility to take care of their assignments as they see fit.  Council Member Satterthwaite said that the council person can make the agreements but they need to be signed by the Mayor.

 

Council Member House said that they had a Raspberry Days meeting and it went really well.  They would like to know when we can use 300 W. as a bypass.  Mayor Hansen explained that there is not an entrance onto the highway so it can=t be used at this point.  The Raspberry Days Committee would like to have the parade on Thursday night at 5:00.  They also changed the time for the booths to be open until 9:00.  They would also like to have a street dance some time during the festival. 

 

Council Member Satterthwaite explained that she would like a current copy of the state code.  The Council agreed that she could have a copy of the state code and the Town should have one in the office.  The Clerks will order 2 copies.

 

Council Member House made the  motion to buy a set of Utah Code in paperback for Council Member Satterthwaite and one for the Town for anyone to use.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 

PAYMENT VOUCHERS

 

Council Member Satterthwaite move to approve the payment vouchers as prepared.  Council Member Gray seconded the motion.  All in favor and the motion carried.

 


ADJOURNMENT

 

There being no further business to discuss, Council Member House made the motion to adjourn the Town Council meeting at 10:15 p.m.  Council Member Satterthwaite seconded the motion.  All in favor and the motion carried.

 

 

APPROVED:

 

 

 

 

 

_________________________________________

Kenneth Hansen, Mayor

 

Attest:

 

 

 

 

 

_________________________________________

Town Clerk