Meeting Minutes January 2008
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on January 10, 2008 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
Mayor Hansen welcomed everyone to the meeting and said that he appreciate the attendance of the community. Mayor Hansen called for a roll call of the Council Members.
OATH OF OFFICE FOR THE TOWN COUNCIL MEMBERS
The Oath of Office was administered for the new Council Members, Brian House, 2 year term; Laraine Schnetzer, 2 year term; Bess Huefner, 4 year term; Mike Leonhardt, 4 year term.
APPROVAL OF MINUTES
Minutes of the Public Hearing held on December 13, 2007 were reviewed by the Town Council
Council Member Schnetzer made the motion to approve the minutes of the public hearing held on December 13, 2007. Council Member Huefner seconded the motion. All in favor and the motion carried.
Minutes of the Town Council meeting held on December 13, 2007 were reviewed by the Town Council
Council Member Schnetzer made the motion to accept the minutes of the Town Council meeting held on December 13, 2007 . Council Member House seconded the motion. All in favor and the motion carried.
SWAN SPRING PROJECT/TREATMENT PLANT UPDATE
Mr. Jason Linford said that we have not issued plan sets to contractors at this point but we do have a verbal agreement from the State that the plans are okay. We should get the written agreement soon so that we can start to submit the plan sets to the contractors. We will probably re-advertise for the bids. We may hold another meeting with the contractors to go over the plans. That will give us the opportunity to answer any questions. The bid date may have to be pushed back a couple of weeks towards the end of February. We may be able to break ground in May for a 180 day construction time.
We have verbal commitments from the property owners in Little Switzerland and we will be getting signatures soon. We do need to take the final plat to the County for approval.
There are a few road issues that Mayor Hansen will take to the County Commissioners to make sure that they are still committed to what was originally approved. We will need to obtain easements for the Swan Creek road because it is not a platted county road.
Mr. Jason Linford said that we are working on the 3rd west left hand turn lane so it can be constructed this spring with the Lochwood project. Council Member House said that we need to keep in mind that the marina will also be going through that area.
Mayor Hansen suggested that we look at phasing Paradise Parkway.
CONDITIONAL USE PERMIT
Bears Den, Tom Bashford.
Mr. Bashford passed out the proposal for the project, which is to open it up for an ice cream shop. This is the area of the old motel that goes along the south side of the station, it runs north and south. They want to open it up and have it for the ice cream shop.
Council Member Leonhardt said that he has heard some concerns about parking. Mr. Bashford explained that he is going to make the area behind the building a parking area. Council Member Schnetzer said that another concern is the large trucks, etc., parked on the corner makes it difficult to see left to turn on that corner. It is difficult to see past them. Mr. Bashford said that he will look at that.
Mayor Hansen said that a motion was made by the Planning Commission to approve.
Council Member Huefner made the motion to approve the Conditional Use Permit for the Bears Den. Council Member Leonhardt add to the motion that he work on the parking issues and the corner to make sure there is good visibility. Council Member House seconded the motion with the amendments. All in favor and the motion carried.
Bear Lake Landscaping/Needles >n= Leaves. Bryce Huefner
Council Member Huefner stated that she might have a conflict of interest with this issue. Mayor Hansen requested a motion to verify that the Council is aware that Council Member Huefner has a conflict of interest.
Council Member House made the motion that the Council is aware that Council Member Huefner may have a conflict with the business that is being discussed, Bear Lake Landscape, and that she stepped out of the room. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
Mr. Bryce Huefner said that they would like to build a steel building on what is going to be Paradise Parkway so they can run the landscape business and establish a better nursery retail facility. He said that they will comply with the architectural standards for the one side which will face the road. They will do wood and some type of rustic frontage. Parking won=t be an issue, there is plenty of property.
One issue that was discussed during the Planning Commission meeting is the heavy trucks on 1st west. Mayor Hansen stated that the only road that is posted regulating heavy trucks is on 1st west going north. Mayor Hansen said that he is not opposed to delivery trucks on 1st west going south so that concern doesn=t apply. Mr. Huefner said that he is going to be working with the UDOT to see if they can access Hwy 89 and getting a right of way so they can access highway 89. The Council agreed that there doesn=t seem to be a problem with that.
Council Member House made the motion to accept the Conditional Use Permit and approve it for Bear Lake Landscape/Needles >n= Leaves . Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Discussion regarding the process for approval of condition use permits
The discussion was that with the change in the Land Use Authorities, the Planning Commission was given the authority to approve conditional use permits but they still come to the Town Council. This is just to determine if the Town Council wants to continue to review the conditional use permits or go by the ordinance.
The Council agreed to follow the ordinances and let the Planning Commission handle all the conditional use permit approvals. If the Council has a concern about a particular project that is going to the Planning Commission they need to tell them their concerns.
Planning Commission Chair Huefner said that she would definitely like to have the input of the Town Council if they have anything that they want to add.
BUSINESS LICENSE DISCUSSION/APPROVAL
Blind Coyote Trading Post, Vickie Mercer
Ms. Vicki Mercer said that it she would like to open a business at the Bear Village at 95 W. Logan Road. It will be a gift store with some antiques, handcrafted items, small furniture pieces. She will not be selling food. She does have a sales tax number registered in Garden City.
Council Member Leonhardt made the motion to accept the business license for Blind Coyote Trading Post. Council Member Huefner seconded the motion. All in favor and the motion carried.
Premier Insurance, Cindy Motta
Ms. Cindy Motta explained that she would like a business license for her insurance company that is located at the Northern Title Building, 115 S. Bear Lake Blvd.
We have all the documentation. She is affiliated with a company out of Idaho.
Council Member House made the motion to approve the business license for Premier Insurance . Council Member Huefner seconded the motion. All in favor and the motion carried.
Ordinance #07-34, An Ordinance setting rules, regulations and the process for Short Term/Nightly Rentals.
The Council Members made a few changes to the proposed ordinance which will be made in the final ordinance.
Council Member House made the motion to accept Ordinance #07-34 as amended. Council Member Huefner seconded the motion. All in favor and the motion carried.
Council Member House made the motion that with the passing of Ordinance #07-34 to remove the nightly short term rentals portion of the moratorium from the moratorium. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Mayor Hansen said that this is the first go ahead for this ordinance if needed we will re-visit this again later.
Mayor Hansen said that he filled out the declaration of a conflict of interest for this item on the agenda.
Council Member House made the motion to dismiss the Mayor from the next 2 items of discussion and the approval, approval for the preliminary condominium subdivision application for at Rain Dance at Shundahai and discussion regarding land swap for proposed roads in Garden City. Both are proposed by Norm Mecham. Council Member Huefner seconded the motion. All in favor and the motion carried.
Mayor Hansen left the room. Council Member House took over the discussion.
Preliminary Condominium Subdivision Application for Rain Dance at Shundahai, a subdivision of 36 condominium units along Highway 89 and east of Bridgerland Village and the Wasatch Forest, Norm Mecham
Mr. Norm Mecham explained that this is for the condominium project that is a portion of Shundahai. He showed the project that includes this portion of the development for condominiums.
Mr. Mecham said that the master plan was approved several years ago for the density of the project and Mr.Ray Elliott brought in the entire master plan which was approved last year. This is just the preliminary for one section of the condominium units.
This is a condo project, which is 9 buildings with 4 units in each building. Council Member Huefner read the comments from the Planning Commission, they approved the preliminary plat with no conditions. Mr. Mecham stated that he will address the concerns of the Town Engineer on his final plat. Mr. Mecham said that this development will be done as condominiums and he will make sure on the final plat will be worded the way the County Recorder wants.
The road for this development connects with Eagle Feather. The roads will be private roads but they will be according to the Town requirements. The Town will not maintain the roads. The right of way is 60'. The steepest grade of road for this section will not be more than 6%. He will also work on a more thorough storm/drainage plan with all the calculations.
Council Member Leonhardt made the motion to approve the preliminary condominium subdivision application for Rain Dance at Shundahai with the comments discussed and from Sunrise Engineering. Council Member Huefner seconded the motion. All in favor and the motion carried.
DISCUSSION REGARDING LAND SWAP FOR PROPOSED ROADS IN GARDEN CITY, Norm Mecham
Mr. Mecham said that he is not coming in with a specific proposal tonight he is just bringing in an issue that could affect him and may also affect the Town. This is just a discussion for the Council to think about. He explained that the Town acquired a piece of property that was put up for collateral for a developers portion of the water system improvements.
The property is about 10 acres total and is located above, west, of the Buttercup tank. The worst problem with this property is that it is landlocked. We would have to cross someone=s property to access it. Shundahai borders the property on the north and on the west.
Mr. Mecham is requesting that they be allowed to run one of their roads across this particular piece of property and it could be a land swap for allowing 3rd west to run partially across their property.
Mr. Mecham said that he is just looking to see what the possibilities are there. Mr. Mecham said that he would look at something that would make sense to the Town and also for their project.
Council Member Leonhardt said that they are not opposed to this proposal they would just need to look into it further.
The Council invited Mayor Hansen back to the table.
REQUEST TO WAIVE THE ROAD IMPACT FEE FOR LIGHTHOUSE BUILDING, Kent Fisher
Mr. Kent Fisher said that he is requesting a waiver on the road impact fee for his lighthouse project. He feels that the lighthouse structure is part of the development of the project. He doesn=t feel that it should have an impact fee imposed on it. He requested that the Council give that some consideration. The other commercial businesses, as they come in will be assessed the commercial impact fee since they will be the ones that bring in the traffic.
Mr. Fisher said that the building is mainly a landmark, it will not have anything inside it. It isn=t large enough for anything commercial, it will just have a staircase inside. The base of the structure will only be 13 feet and the staircase will encompass most of the inside. It is mainly a landmark.
Mayor Hansen said that he is visualizing this as a fixture and he does not see the difference between that an a garage or a shed.
Council Member Huefner said that we don=t want to start making exceptions to the rule. Council Member Leonhardt said he agrees that we don=t want to start a precedence but he can see Mr. Fisher=s point. At the time he requests building permits for the other commercial buildings the impact fee will be assessed on each of those units.
Mr. Fisher said that there will be no commercial use in that building.
Mayor Hansen said that in essence it is a sign, it is not a commercial establishment. He recommends not to impose the fee on this structure because it is a fixture or a monument or a sign. It is not as big as a shed.
Council Member House said that it is not commercial and it is not residential so it wouldn=t fall under the impact fee requirement. The council agreed.
Council Member Leonhardt made the motion to waive the fee because we believe that it is an exempt structure. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
AUDIT REPORT FOR FISCAL YEAR JULY 1, 2006 - JUNE 30, 2007, Gary Teuscher, CPA
Mr. Gary Teuscher went over the audit page by page. He said that the Town is in good financial shape but we have made a few errors in posting. We also need to be aware of over expenditures so we can open the budget and make amendments. He also suggested that we separate the funds of the Town into different companies, ie, the General Fund, the Enterprise Fund, the SID Fund and the RDA Fund.
Council Member Leonhardt made the motion to accept the Audit Report as presented. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
Council Member Leonhardt said that he needs to leave and would like to see if the Council has a definitive answer on the prohibited signs, 11C-607.
GRANT PROJECT DISCUSSION
Rich County Tourism Grant 2008
Council Member Huefner said that she talked to Ms. Judy Holbrook and she confirmed that we received $2,500 for the brochure to advertise the trailhead. She will have a meeting to determine that the trails are were they are supposed to be so they can be correct on the brochure.
Community Development Block Grant 2008
Mayor Hansen explained that we made our proposal to the CDBG Board. We requested $96,600, $62,000 for renovation of the new facility and $34,600 is for the infrastructure for the library. We will continue to work through this project.
UPDATE OF PROGRESS FOR THE NEW LIBRARY/TOWN HALL
Mayor Hansen said that everything was discussed and all the questions were answered during the public hearing.
Council Member House made the motion to continue on with the process to purchase the property and the structures at the Canyon Cove Complex for the new Town Hall. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
PLANNING COMMISSION CONFLICT OF INTEREST DECLARATION
The Council reviewed the signed the conflict of interest forms from the Planning Commission and signed each one.
Review of Ordinance #11C-607, Prohibited signs
Mayor Hansen said that we need to go to the ordinance books and look and see if the signs are allowed.
The Council agreed that we need to send them all a notification that the businesses can only have the portable signs for 20 days of each calendar year. They can have the sign out every weekend during the summer but only for 20 days. Council Member Leonhardt will draft a letter to send to each of the businesses.
Additional Building Inspector Help
Mr. John Nelson would like to come back and help the Town. The Council agreed to have him come back to help with the short term rental inspections.
Hodges Canyon Road.
Council Member Huefner said that we need to get bids and the survey for the Hodges Canyon Road. Mr. Jeff Hansen just needs to re-stake the survey that has already been done.
New Parking Area
Mayor Hansen explained that we have started the process for the new parking area on 50 S. We would like to have that done by Memorial Day weekend.
Ice Skating Rink
Council Member Schnetzer explained that it may be too warm to create the ice rink. We have enough snow but it is too warm. Council Member House said that he will groom it so we can start filling if it gets cold enough.
Mayor Hansen said that we have a volunteer who will help take care of the park this year which will be a great help but he won=t do bathrooms or garbage.
Council Member Schnetzer made the motion to pay the bills as presented. Council Member House seconded the motion. All in favor and the motion carried.
There being no further business to be brought before the Council, Council Member House made the motion to adjourn the meeting at 8:30 p.m. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
Kenneth Hansen, Mayor Town Clerk