Meeting Minutes July 2004
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on July 8, 2004 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 7:00 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Mayor Hansen welcomed everyone to the meeting.
BUSINESS LICENSE APPROVAL
Stay in Place Storage, Hyrum Lantz
Mayor Hansen felt that we shouldn=t discuss this until the business is complete. The Council agreed.
This item was tabled.
RIGHT OF WAY DISCUSSION, Robert & Sue Mattson
Mr. Mattson stated that when Mr. Jensen started his project, the Bear Trapper Steak House, there wasn=t much discussion. Mr. Jensen knew of the 15' right of way. Mr. Mattson said that it keeps getting blocked. Ms. Mattson has kept track of how often it has been blocked so she couldn=t get out of her driveway. She said that when the sidewalk was replaced the right of way was blocked for a week. She would like to see some signs. Council Member Wride said that they need a barrier, that was part of their conditions. Mr. Jensen agreed that they need to have a barrier and signs stating that it is a private driveway. The signs are on order. The barriers are there now. When the signs are in place that should take care of the issue. Mr. Jensen acknowledges that there was a car blocking the driveway last night but it was not one of their customers and they did try to find out who the car belonged to.
Mr. Jensen stated that Ms. Mattson was notified when there was construction and she wasn=t able to use the driveway. Ms. Mattson said that there was only one time that she was notified.
The signs will say private driveway, exit only. Mayor Hansen said that they need a sign that states if they park in the right of way they will be towed. Milt will put whatever the Council requires.
Council Member Stringham suggested painting lines and directional signs on the asphalt. Mr. Jensen said the striping will be done next week, along with arrows. All the parking spots will be marked.
Mr. Mattson said that the restaurant has been opened about 12 days and the right of way was block 5 times during those 12 days, that is not satisfactory. He would like to have a barrier between the business and their home. Mr. Jensen said that is not a private driveway, it is a right of way and it is deeded to him. There are cement barriers there today. Mr. Mattson said that the right of way has been established for many years. They just want a driveway that they can get in and out of. Mr. Mattson said that Garden City agreed that he can use that as a public access. Mayor Hansen said that Garden City does not get involved in disputes between private property owners.
Mr. Jensen said that they put in the concrete barriers today and the signs are on order, etc. Mr. Mattson wants a barrier between the right of way and his property. Mr. Jensen said that the barriers were placed today. Mr. Mattson feels that they will still park in the driveway. Mr. Jensen said that they are trying to alleviate the problem the best they can and they feel that they are doing everything they can do.
Council Member Wride said that they were not as specific about the barrier and what they were going to be. Mr. Jensen said that he prefers not to put in a fence and the Council agreed. He just needs something to keep people from parking there.
Mr. Mattson read from the minutes which indicates that they will put in a rail fence. Mayor Hansen asked if they would put up a rail fence. Mr. Jensen said that he would if the Council wants that but he would rather not do that. He is willing to take care of that issue immediately if they are told of the problem at the time there is a problem. They want to be a good neighbor. They have no desire to block that driveway. He feels that they have done the best they can do. The signs will be there probably this weekend.
Council Member Leonhardt said that they need to try to resolve the issue with the barrier and the signs. Ms. Mattson needs to document it if there is a problem. We need to call them and have them take care of the problems. There is nothing the Council can do about it. Mr. Jensen is complying with the conditions that were set on the conditional use.
Council Member Stringham feels that we need to review the actual conditions of the conditional use permit. There are issues that have come about during construction. We should try the concrete barriers, the signage and see how that works. They need to have access to their property.
Council Member Wride agrees to review the conditional use permit and make sure he is complying. We all go through problems when there is construction.
Council Member Price said that he is sorry to see a private argument come before the Town Council. Mr. Jensen has put up the barriers and will put up the signs. Ms. Mattson needs to document when there is a problem. She can get pictures, etc. Council Member Wride said that we need to let Mr. Jensen finish complying with the conditions of his conditional use permit. Mayor Hansen said at that point if there is still further problems then we should look at other remedies.
Mr. Jan Luczak stated that there are people parking in front of his property also. He suggests that they put up a sign that can be seen both ways marking the parking area. The sign that is there now is on the ground and you can=t see it. The sign needs to be raised and made so people can read it from either direction.
Mr. Jensen said that the parking lot is being used. He feels that the stripping and everything they plan to do will take care of the problem. If there is a problem they would like a phone call and they will take care of the issues immediately.
Mayor Hansen said that the Council will watch as we drive through town to make sure there is not a problem with the right of way. We will go with what they have planned and see how that works. If there is anymore problems we will address them.
ENCUMBRANCE AGREEMENT AND COVENANT TO RUN WITH THE LAND,
Tom & Ruth Kuhlman
Mr. Kuhlman explained that they are located in Bridgerland Village Plat CC, Lot 10 and 11. They want to encumber the lots together so they can build a garage on the vacant lot. The garage will look like a house from the outside. It will be a garage/shop, just for Mr. Kuhlman to work in. They did propose it to the HOA. Mr. Randy Erickson reminded them that they need a letter from the HOA for the building permit.
Council Member Leonhardt made the motion to approve the encumbrance agreement for Lots 10 and 11 of Bridgerland Village Plat CC, owned by Tom and Ruth Kuhlman. Council Member Price seconded the motion. All in favor and the motion carried.
This resolution just gives the BRAG Housing Authority the ability to the help people in this area find affordable housing.
Council Member Leonhardt made the motion to accept Resolution #R04-05. Council Member Price seconded the motion. All in favor and the motion carried.
SUBDIVISION DISCUSSION, Mr. Richard Williams
Mr. Williams was approved for a lot split into 3 lots. One of the stipulations was that on the plat the third lot was marked that it Acould not be subdivided@ because it would not meet the current ordinances. Mr. Williams is concerned that it will be on the survey. The concern was that he couldn=t subdivide that 3rd lot because he can=t provide the in and the out. Mr. Williams said that he will take out the trees and clean up the lots and make a driveway to the third lot. He doesn=t want to subdivide the third lot again he just wants to sell it but it won=t be sellable with the statement on the plat. Council Member Wride agreed to take that off the plat but we need to state in the minutes that with the current code it is not subdivideable. We just need to make sure that Mr. Williams is aware of that issue. Council Member Wride said that she is okay with that as long as Mr. Williams knows that the current code does not allow the subdivision without the in and the out. Any future buyer also has to conform with the current code.
Council Member Stringham made the motion to allow Mr. Williams to remove from the plat the condition that the third lot is marked that it is not subdivideable. Council Member Leonhardt seconded the motion. All in favor and the motion carried. The new owner will have to comply with the regulations.
SWAN SPRING UPDATE
Mayor Hansen explained that it is time to get the general public in an uproar like the Council. Ms. Laraine Pace was in Mayor Hansen=s office, she wanted to know how things are going on the water project. Mayor Hansen brought her up to date on the well and the EPA rule. She was furious when he explained the rule and the exemption to her. Previously the state had told her that they were not more restrictive than the EPA, when in fact they are. She is going to work on the issue and if she has to introduce legislation she will do that also. There are two parts of the rule and the state has only adopted the first part of the rule. The first part indicates the criteria to determine if we are surface influenced. The second part gives an exemption for filtration if we can meet that criteria. Mayor Hansen said that we meet or exceed all those requirements. Mayor Hansen has discussed this issue with the attorney many times. The attorney stated that he is not pushing to litigate but if we want to, he feels that we have an excellent chance to win.
Mayor Hansen explained that when they did the MPA test the pre-coursers did show up that indicates that we may have surface influence, but there was no crypto sporidium. Our water tests have been outstanding. There have not been any toxic issues.
Mayor Hansen stated that he wants the Council to listen to this like a judge would be listening to it. We have never had any health issues, no one has ever been at risk, we have always had the proper chlorination, we have a source protection plan, and our source is on state property and boarded by national forest property. He doesn=t feel that will ever change. Taking all those things into consideration he doesn=t know why the state has not given this community the opportunity to exercise the exemption part of the EPA rule.
The state has also not met another requirement, they have never considered our source unsafe to drink. According to the attorney they have to declare that and make that statement. They can=t declare that because they can=t document it. There are dozen of cities that have applied and have been accepted to that rule. They have the option.
Mayor Hansen said that we can build the treatment plant or we can put some pressure on the state to find out why we can=t use that rule.
We believe that our water is safe and there has never been a problem with it and we want the opportunity to comply with the exemption. We did send a letter to Mr. Mike Georgeson, from the State DWQ, requesting an answer why we can=t use that rule. We have not had a response.
There are several other Utah towns or cities that are being held hostage like us. It comes down to whether or not the Council has the desire to take on the state. Mr. Tony Martineau feels that the worse thing that can happen is that we may still have to filtrate. At that point we can petition the state to help pay for the treatment plant. That treatment plant will not filter one thing out of our water.
Council Member Leonhardt said that we need to wait for a response from the state and also wait to see what Ms. Laraine Pace has to say. Mayor Hansen said that he is concerned with the deadline. Mr. Tony Martineau stated that he is not concerned about the deadline because we are still working on the issue.
Council Member Price asked about a class action with the other towns. Does the attorney feel that there would be an advantage to do that?
Mayor Hansen said that to meet the requirements of the rule, the least we will have to do is to build a storage tank, which would provide a longer contact on our chlorination. The tank will also help with the turbidity that we get in the spring time. If we win against the state that may get the state with their backs up and they may be horrible to deal with for quite a long time in the future.
Ms. Margaret Satterthwaite said that during the meeting in the park, they indicated that they would exhaust the administrative process and have hearings before it ever goes to court. Mayor Hansen explained that he has met with the State Water Board, which would be their administrative process. They were not forth coming to Mayor Hansen because he asked them if they were more restrictive than the EPA and he was told no. Also, Ms. Pace asked the director of the State Water Board and she was told no also. The state is more restrictive because they are not allowing us to exercise the exemption part of the rule.
Right now the water is cleaner than what a filtration plant has the ability to produce. Mayor Hansen said that he feels that if the state finds any pre-coursers anywhere they will make us filter and that is a way that they don=t have to worry about it.
We do have good contact time on our chlorine right now because of the size of the pipe. The tank would be half million to three quarter of a million dollars to build, that would certainly be less than the 2.7 million treatment plant.
Mayor Hansen said that Mr. Tony Martineau is willing to come up and visit with the Council to go over the process and to see if we are comfortable to work through the process with him. Mayor Hansen suggests that the Council have Mr. Martineau come to discuss this in a public meeting.
Council Member Wride said that she doesn=t like being stonewalled and held hostage. Council Member Leonhardt feels that we shouldn=t give up, we should wait for a response from the state. We can talk to Mr. Martineau while we wait for the response.
Mayor Hansen explained about the deadline in August. To comply we will have to build the treatment plant, remediate or disconnect the line from the spring. Mayor Hansen is not too concerned about the date, we have been working on this for over 4 years. We have always been working on option #3, which is to mitigate the problem. If we build a treatment plant we will never be able to get out from behind the EPA rules. We will no longer be in control.
Ms. Margaret Satterthwaite suggested that to mitigate is to use the option of the EPA rule. Mayor Hansen stated that he said that in the letter he sent to the state.
The audience agreed that the Council is doing the right thing. Mr. Jan Luczak suggested that we get our money together and get started without the government. We can build the storage tank without the government.
Mr. Milt Jensen said that the down side would be fighting against government regulations and the bureaucracy because it takes a lot of time and money. We may want to try to tie into other communities who have the same problems. Mayor Hansen feels that it is a very simple argument, we have our facts in line. Ms. Margaret Satterthwaite said not to fear litigation, it may cost some but should be a lot less than 2.7 million dollars. We can go before a judge and if he hears that our water is cleaner than what the treatment plant will produce we should be in good shape. We need to do a lot of advertising.
We haven=t heard any argument from the community against this plan. Mayor Hansen explained that we have tried to cover every base, we have done everything that we could have done. We should wait to hear from the state regarding our letter. Council Member Price is willing to meet with Mr. Tony and Mr. Ray Martineau. Until we hear from the state we shouldn=t be in a big hurry. We should try to meet with the Martineaus before the Public Hearing. The Council agreed to try to get a meeting with them next Wednesday at 7:00.
RASPBERRY DAYS UPDATE
There is a convertible car for the Council to ride in. The quilter=s want to ride on the fire truck.
The parade chairman wants someone from Fish Haven. Council Member Leonhardt said that he would prefer someone from Garden City. Council Member Wride agreed. The Council suggested that we ask Oral Lutz and Dorothy Stringham.
The Council suggested that they start the 5K race in the back parking lot and the back grassy area of the church and going through Buttercup. Council Member Wride said that as a member of the HOA presidency, that would be okay.
County Fair Parade
The county fair committee would like the Council to ride in the parade. Ms. Keri Roemer suggested they team up with the clinic. Council Member Wride said that part of the problem is the preparation. The Council said that they will think about it.
Rich County Fair Ads
The Council agreed to put an ad in the fair ads.
Council Member Leonhardt made the motion to put an ad in the Rich County Fair ads. Council Member Stringham seconded the motion. All in favor and the motion carried.
Utah League of Cities and Towns Convention
The Convention is September 15-17. Council Member Leonhardt would like to go. The Council agreed that he can go to the convention.
Trendwest would like to set up a canopy to explain about their resort. They would not be doing any selling, they would send people to the resort for the presentation. This would be just to tell them a little bit about the resort. They would also give away ice cream cones or something like that. Mayor Hansen said that he doesn=t really have a problem with that but he does with handing out free stuff. He suggested that they do a coupon for a local business instead. Mr. Erickson would have to approve the canopy.
We need to know how long they will be there, we need a letter from the property owner allowing it on their property. The Council feels that they need to come tell them what they are going to do.
Trendwest is still working on a few issues but they want to be on next months agenda.
Comments from the ULCT
Mr. Joe Anderson made some comments the last time he was here for a review. He suggested that we either till the old sand at the park or get some new sand. The sand there now is very hard. Council Member Stringham said that he will get some new sand at the park. Mr. Anderson also suggested a park maintenance record. We will give this to Mr. Andersen and Mr. Price to do while they work at the park. The Council also agreed to start having people fill out a AHold Harmless@ form when they want to reserve the park or the office.
The fee for renting the stage will be changed to $100.
Ms. Dorothy Stringham has been working as a volunteer in the library. She really enjoys working in the library. Ms. Afton Floyd, the main Librarian, has requested that the library be opened one more day a week or one morning during the week. She would like to have Ms. Stringham work that extra day.
Council Member Leonhardt made the motion to have Ms. Dorothy Stringham work in the library one more day a week. Council Member Stringham seconded the motion. All in favor and the motion carried.
Mayor Hansen explained that the Beautification Committee met last night and they have a really good group. We will have some real good progress in the years to come. He thanked Ms. Margaret Satterthwaite for helping to get the committee organized. Ms. Satterthwaite agrees that it is a good committee with a lot of people excited about beautification. They talked about doing recognition for people who do extra in certain areas. Ms. Garnett Sorenson said that the barrels have added a lot. That was a good way to get citizen involvement.
Council Member Stringham explained that the Gator should be coming any day.
Sales Tax Report
Council Member Stringham said that he was looking at the sales tax report and he has a few concerns. He will work with the clerks regarding his concerns.
Council Member Stringham said that he has received no feed back from the neighbors of the park on after hour activities. The park looks great.
Council Member Price showed the budget that was finally approved and sent to the state. He explained the budget to the audience.
Council Member Wride explained that Kimball Lane will most likely be paved this year by the county. They need to look at their budget priorities.
Council Member Wride said that we are getting a lawn edger. They have also been working on replacing the sidewalks and killing the grass between the sidewalks.
Council Member Wride is also working on new street signs. She is looking at having the logo with a white back ground and blue letters. Mayor Hansen asked if it is better with dark letters on a white background or white letters on a dark background. Council Member Wride will look into see which is better. She is also checking with UDOT on their requirements.
Council Member Wride has been questioned by several citizens on the trash issues. Mayor Hansen said that they are in a very bad situation but the county is working on the issues.
Water Tank in Buttercup
Council Member Wride passed out a map of Buttercup Subdivision, the water tank and Washakee. There is not an access to the water tank. She asked how we can get to the tank. We can=t continue to go across the private land. Washakee is now owned by Balsamorhiza. Mayor Hansen said that the tank was originally part of the Buttercup Subdivision so they have to give us some type of an easement to the tank. Council Member Wride said that this is just something to consider and she will do more research.
Architectural Standards for 300 W
Council Member Wride passed out the architectural standard sheet for 300 W, for the Councils review. She wondered if they would like to have a public hearing next month to discuss the standards. Mayor Hansen would like to have a chance to look at it and discuss it next month. Council Member Wride is concerned with people coming in with projects and not having anything to go by.
Council Member Wride said that she has had several citizens express a concern about getting the ambulance here in a reasonable time. Ms. Garnett Sorenson asked what we need to do to get an ambulance in Garden City. With the tourist situations being right here she feels that it is necessary to have an ambulance here. We are really growing and we need more of these support systems here. Mayor Hansen explained that in order to have an ambulance we need a crew here to run it. She suggested having someone full time. Mayor Hansen said that in order to do that we would have to raise the taxes. We would have to have two EMT=s. She suggested looking for grants to help. Council Member Leonhardt explained that right now it is a county program and we would have to get their support.
Mayor Hansen said that it really needs to come through the Fire District because it is an emergency service. First responders typically come from Fire Departments now. Mr. Kim McFarlane suggested that we look into a quick response unit. First responders could run that.
Ms. Sorenson really wanted to stress that it is important to a lot of people in this community. Mayor Hansen said that we have been working on this issue as well. The more services we want to have provided to us the more we will have to pay in taxes. Council Member Leonhardt said that we are actively working on this issue.
Council Member Wride asked about signs in town and what we do if they are in violation of the ordinances. We notify Mr. Erickson and he will try to take care of it.
BUILDING INSPECTOR REPORT
Mr. Erickson passed out the report from July 2003 through June 2004, for the last fiscal year. Trendwest is looking at building 3 new buildings and there are plans coming in every day. Mr. John Nielson is working out well.
Council Member Wride asked about the possibility of purchasing a temporary trailer for the >building inspectors= office. We could have it in the back of the building. We will wait to see how the facility grant works out.
Council Member Leonhardt made the motion to accept the payment vouchers as presented. Council Member Price seconded the motion. All in favor and the motion carried.
APPROVAL OF MINUTES
Special Meeting held on June 3, 2004
Council Member Leonhardt made the motion to accept the minutes of the special meeting held on June 3, 2004 as presented. Council Member Price seconded the motion. All in favor and the motion carried.
Public Hearing held on June 10, 2004 at 6:10 p.m.
Council Member Leonhardt made the motion to approve the minutes of the public hearing held on June 10, 2004 at 6:10 p.m. as presented. Council Member Price seconded the motion. All in favor and the motion carried.
Public Hearing held on June 10, 2004 at 6:30 p.m.
Council Member Price made the motion to accept the minutes of the public hearing held on June 10, 2004 at 6:30 p.m. as presented. Council Member Wride seconded the motion. All in favor and the motion carried.
Regular Town Council Meeting held on June 10, 2004
Council Member Leonhardt made the motion to accept the minutes of the regular Town Council meeting held on June 10, 2004 as presented. Council Member Price seconded the motion. All in favor and the motion carried.
Special Meeting held on June 17, 2004
Council Member Price made the motion to accept the minutes of the special meeting held on June 17, 2004 as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Wride suggested that we put a description or title behind their name on the roll call.
There being no further business to be brought before the council, Council Member Price made the motion to adjourn the meeting at 10:00 p.m. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Kenneth Hansen, Mayor