MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on July 10, 2008 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 5:00 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Council Members Excused:
Mayor Hansen asked for roll call of the Council Members. Council Member House will be late and Council Member Leonhardt will not be here so he is excused.
APPROVAL OF MINUTES
Minutes of the monthly Town Council meeting held on June 12, 2008 were presented to the Council for their review.
Council Member Schnetzer made the motion to accept the minutes for the Town Council meeting held on June 12, 2008 as presented. Council Member Huefner seconded the motion. All in favor and the motion carried.
Minutes of the monthly Town Council meeting held on May 8, 2008 were presented to the Council for their review.
Council Member Schnetzer made the motion to accept the minutes of May 8, 2008 as presented. Council Member Huefner seconded the motion with some spelling error corrections which were made to said minutes. All in favor and the motion carried.
Minutes of the Special Town Council meeting held on May 27, 2008 were presented to the Council for their review.
Council Member Schnetzer made the motion to accept the May 27, 2008 minutes as presented. Council Member Huefner seconded the motion. All in favor and the motion carried.
Minutes of the Special Town Council meeting held on June 30, 2008 were presented to the Council for their review
Council Member Huefner made the motion to accept the minutes of the special meeting held on June 30, 2008 as presented. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
SWAN SPRING CULINARY WATER PROJECT REPORT, Jason Linford
Mr. Linford explained that we do not have all the easements in place for the treatment plant but all the letters have been sent out now and we should have that issue resolved in the next couple of weeks. He said that we may be able to turn the DWR easement into a non issue but he is working on that.
Mr. Linford will hold a Pre-Construction meeting next week so that when we do get everything in place they will be good to go on the construction of the treatment plant.
Mr. Linford introduced Mr. Glen Burgman who will be the Special Inspector for the project. We do need a special inspector for the project because we are using federal funds. Mr. Burgman will be a full-time inspector and he will forward his reports to the County. We need to meet with the County Inspector to discuss who will do what inspections.
Mr. Doug Nelson will be in Cedar City for the Drinking Water Board Meeting to represent Garden City.
Impact Fee Analysis
Mr. Linford explained that we need to take into consideration the costs for the addition to the water system and the developers should pay into the system to help pay down the debt.
Mr. Linford went over the analysis as prepared. The total proposed impact fee for the water system is $2,932.00.
Mr. Linford said that we are requiring new developers to provide their own water storage for their own developments.
Mr. Linford said that we are okay right now with the base water rate of $30 per month but we will need to look at that again after we start reading meters. Right now we have a little wiggle room with the water rates until we get the meter reading figures which may solve a need for additional revenue.
Mr. Linford said that we have talked about collecting the impact fees when the lot is sold and not at the time of a building permit. We are committed to service the lots with water at the time the property is subdivided. We also need to determine if we need to charge a standby fee for vacant lots. We may need to place a lien on every lot, existing and new subdivision lots. We will need to figure out what an appropriate standby fee would be.
Hodges Canyon Project
Mr. Linford explained that we did get the performance bonds for the contractor for this project and they have been forwarded to the Town Attorney.
There may be an issue having that road closed during the Parade of Homes but the contract should be completed before that time.
Mr. Hobbs said that he can=t find any markers so we will have Mr. Jeff Hansen come over and re-stake the road.
3rd west Turn Lane
Mr. Linford said that he should be able to submit the plans to UDOT next week for the turn lane. There is a little difference between the two surveys; our survey, done by Mr. Jeff Hansen, and the survey, done by Mr. Dennis Bullock=s Engineer. Mr. Hansen and Mr. Bullock are working together to make sure it works between the 2 surveys. The bike path will need to be re-located.
50th Parking Lot
Mr. Linford should have the parking lot design ready by next week. We don=t have room for sidewalks and to make the parking stalls work so there will be no sidewalks and the sidewalk at the church will need to come out.
WATER OPERATOR REPORT, Travis Hobbs & Riley Argyle
Mr. Hobbs said that they have been working on water connections and also water leaks throughout town.
Mr. Hobbs said that all the water in Elk=s Ridge is turned on and the water is turned on to the only house that is almost completed in that subdivision. They have had some leaks and Mr. Petersen is working on the leaks. They have got all the water reports back on the Elk=s Ridge lines and tank and there were no problems.
Mr. Hobbs told them that the warrantee does not start until after the telemetry is put into the tank at which time the project is completed. They have been installing sewer lines on the second phase. They can=t do any water lines there until they are recorded and also the water lines need to be inspected.
The water and sewer lines in the Villages at Lighthouse Point are too close; in some places they cross over each other and are touching. Mr. Hobbs told them that they need to fix them. Mr. Hobbs will continue to watch the water lines in their subdivision.
Mr. Watterson completed the bike path job in front of Harbor Village. They will have him bring in some topsoil to place on the sides of the bike path and then they will plant some wild flowers.
Council Member House said that people are driving down the new bike path so Mr. Hobbs will work on a barrier at the end to keep cars off.
They have really been working on the park with Mr. Huefner and it looks really good. Mr. Tim Jensen poured the concrete border around the play area. They will also have the sand tilled up.
The exterior of the new maintenance building is complete they just need a little bit more work on the inside.
BUSINESS LICENSE DISCUSSION/APPROVAL
Hobbs Construction & Water System, request for waiver, Travis Hobbs
Mr. Hobbs explained that what he does is a service and he shouldn=t need a sales tax number. He is requesting a waiver of the sales tax number because as a service type business he can=t getone from the State Tax Commission. Council Member Schnetzer explained that we gave a waiver last month to Bear Lake Cleaning Company for the same reason.
All he does is take water samples for the Reserve so he doesn=t need a contractors license.
Council Member House made the motion to waive the sales tax number requirement for the business license for Hobbs Construction & Water System. Council Member Huefner seconded the motion. All in favor and the motion carried.
The Quite Corner, Heidi Dexter
Ms. Dexter explained that she would like to have a business at 65 W. Logan Road in the Dahl retail buildings. She will be selling books, video=s, and little gifts. She is working with the Book Table to be able to order books from them.
She said that she may expand the business later if they are successful. She said that when she wants to expand she will come back for Council approval.
Her sales tax number needs to be registered to the Town of Garden City and she will make sure that it is registered correctly.
Council Member Huefner said that there is going to be a problem with the parking for that area so she would like Ms. Dexter to encourage her customers to use the 50 south parking. Ms. Dexter said that if this is successful she will be moving to a new location.
Council Member Huefner made the motion to accept the Quite Corner as a new business at 65 W. Logan Road., owner Heidi Dexter. Council Member House seconded the motion. All in favor and the motion carried.
Anvil Cabinet & Mill, Randy Deem
Mr. Deem is not in attendance so the Council passed on this agenda item.
Bonneville Realty, Patience M. Fisher
Ms. Fisher explained that this business will be in the log building which will also be used by Bear Lake Log Homes. There will be 4 different businesses in that building and they will all need to be approved for individual business licenses.
They have had a backhoe there moving things around to get it ready for parking. She said that it is a large lot with plenty of room for parking.
Mayor Hansen said that Ms. Fisher will need to get a letter from Mr. Bodrero, the owner of the building, stating that she is allowed to conduct business in that building.
Council Member Huefner made the motion to accept the business license application for Bonneville Realty at 585 N. Bear Lake Realty, owner Patience M. Fisher. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
Diamond X Construction, Tyler Baird
Mr. Baird said that he is the 4th business in that same building, owned by Mr. Bodrero. Council Member Huefner said that we should talk with the owner about the landscaping and working on the gravel that goes onto the bike path so it doesn=t ruin the bike path.
The building name is The Home Resource Building and they will have a sign on the building.
Mr. Baird doesn=t know if he has a sales tax number but he will check on it and make sure that it is registered to Garden City.
Council Member Huefner made the motion to accept the business license for Diamond X Construction contingent on the sales tax number being registered to Garden City. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
The Council agreed to move on from item #7 and #8 until they come to the meeting.
DISCUSSION REGARDING THE POOL, Jessica Ward
Ms. Ward explained that she is just asking for the City=s support to use their name in her petition to ask for donations to get the pool operational. The petition is targeted to St. Charles, Fish Haven, Laketown, and Garden City. Ms. Ward passed out the petition that she wants to send out for the Council=s review. The Council made a few changes to the petition and said that Ms. Ward needs to ask for pledges and not donations at this point. We are just looking to see what the community support will be for a pool.
Ms. Ward has worked out a proposal on what the pool would cost per year, which is approximately $133,000. She said that we may need more money to get the pool ready and for some improvements to the pool.
Implementing Resolution #R02-05, which allows the Garden City Town Council to adopt, by motion, the State Fire Restrictions when they deem necessary, with specific exemptions as noted on said resolution. Council Member House said that the State has fire restrictions in effect right now but it is just for Southern Utah.
Mayor Hansen said that we should have the Fire District draft a resolution because their District limits are bigger than the Town limits. Mayor Hansen suggested that we rewrite the resolution and give it to the Garden City Fire District to adopt the fire restrictions for the Fire District. Mr. Kurek, the Garden City Fire Chief, said that the Town Council needs to adopt the resolution and it will only be in effect for the Garden City area. The same for the County.
The Council explained that the State has no fire restrictions for this area and they felt that we should follow the State; if they have restrictions then we should have the same restrictions. We can implement this resolution and act on it when the State sets their fire restrictions for Northern Utah.
Council Member Schnetzer made the motion to adopt the state fire restrictions. Council Member Huefner seconded the motion. All in favor and the motion carried.
Mayor Hansen said that if the State doesn=t adopt the fire restrictions statewide by the 24th then we really need to do something different, but at this point we can post the notice.
PUD/PRUD PLAT DISCUSSION/APPROVAL
Pickleville Commons, Conceptual Condo/Townhouse project. Affordable housing project containing 31 units at approximately 2085 S. Bea Lake Blvd, Don Webb
Mr. Webb is not in attendance at this meeting so the Council passed on this agenda item.
Raspberry Ridge, Conceptual Planned Unit Development project. A townhome development of 431 units at approximately 1800 S. Bear Lake Blvd. This project is approximately 95 acres and will include commercial areas. Phil Gertge, Alan and Gaylene Wamsley, Reed & Josephine Wamsly, Pamila Hill, Terry and Kevin Erickson.
Mr. Gertge passed out the new plan for his development. Mr. Gertge explained that they had to change 300 west where it comes through their development so it would line up with the south and north end. The move of 300 west cut them down to 350 units, but they did pick up more property for the commercial area.
One of the biggest concerns from the Planning Commission was that basically there was only one entrance and exit because all the roads above the canal ended with a cul-de-sac. They did refigure their road system, which will be 24' wide, paved. The right of way width is 34' with 24' paved. The 3rd west is 100' wide right of way. They do have a double width road for the area that goes over the canal.
Council Member Huefner asked about the roads connecting to the Lighthouse Point. She said that there are too many cul-de-sacs in this development for the emergency services. She would like to see this connecting more with the Lighthouse development. Mayor Hansen said that this is a different development from the Lighthouse. They provide their own amenities, they have their own HOA, etc. Council Member Huefner said that having these self contained communities doesn=t work. The roads deadend and you can=t get any fire service through there. Mr. Kurek said that the emergency vehicles, especially the fire trucks, need to have a certain radius in the cul-de-sac and the road need to be a specific width.
Mayor Hansen said that the main arterial road needs to be wider because it is more of a main road than just a minor road through the subdivision. Mr. Gertz asked if the intention is to make it 2 lanes or are we just making it a few feet wider. Council Member Huefner said that snow removal on a 24' road is just terrible, there is no place to put the snow. Council Member Huefner said that we would really encourage Mr. Gertz to make that road wider, a 50' road, at least the main arterial road.
Mayor Hansen said that we don=t want curb and gutter in town, we would prefer pavement going to a grassy swale. All the drainage needs to be retained on site. Mr. Gertz said that they plan on keeping the drainage on site even with the curb and gutter. They are not opposed to not having curb and gutter they will check to see if the swale would work in their development.
3rd west will be the only Town Road, all the others will be private roads and will be maintained and plowed by the homeowners. Mr. Gertz said that Plannning Commission wanted him to get rid of the access onto the highway and only have the access off of 300 west. He said that his concern is that 300 west doesn=t exist yet and we are not sure when that will become a reality. They discussed having a temporary access onto the highway and once 3rd west was done they can make that their access but once that road is constructed onto the highway it should stay there because the utilities will be in place there. Mayor Hansen suggested that they use the current right of way on Alan Wamsleys property as a temporary until 3rd west goes in. Mr. Gertz said that he doesn=t want people who buy in the development to have to use a temporary dirt road for their access. He feels that he has to have some type of permanent access to the property.
Mr. Gertz said that they have 30 acres of commercial area. They want to have 3rd west be the buffer between the commercial area and the residential area. Mr. Gertz said that they have 70% open area which is excluding the roads.
Mr. Gertz said that they may use these for short term rentals. They do have a separate parking area for recreational vehicles but they also have 4 parking spots for each unit. Mr. Gertge explained that they will put restrictions in the CC&R=s that they can=t park recreational vehicles at the property they have to park them in the recreational vehicle parking area.
The Planning Commission didn=t take any action on this. Mayor Hansen said that this is only a concept and they will need to come back for their preliminary plan and final for each phase. We are only approving a concept and it is subject to change. Mr. Gertge went over the changes that were suggested by the Planning Commission.
Mayor Hansen said that he would accept a motion to accept the concept of Raspberry Ridge with suggestions from the Council on things that they need to correct on the plat.
Council Member Huefner made the motion to accept the Raspberry Ridge PUD subdivision as a conceptual subject to the conceptual plan. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
UPDATE ON LAW ENFORCEMENT I N GARDEN CITY AND DISCUSSION REGARDING THE LAW ENFORCEMENT OF THE BIKE AND PEDESTRIAN PATH
Sheriff Stacey reported that they do have other officers coming during Raspberry Days including Utah Highway Patrol. A lot of visibility cuts down on some of the problems. Sheriff Stacey said that they will need more accommodations during Raspberry Days. Deputy Lee will have a cabin that will house 8 officers. The Canyon Cove room will house 6 officers and if they need more rooms they will let us know. They will also have Officers on motorcycles. They will be ready for Raspberry Days.
We will also give the Law Enforcement Officers a vouchers for food during Raspberry Days.
Mayor Hansen said that we need to know how to get a handle on the ATV issue in Garden City. Sheriff Stacey said that the new State ATV law doesn=t go into effect until October 1, 2008. Municipalities can make their own laws in the Town limits that are more restrictive than the State laws.
The ATV=s must be street legal. They only have to pass a safety inspection just once. The problem that we are having right now is people riding between the bike path and the street. It is not safe and it is not legal. Mayor Hansen said that we need help to curb that activity. Sheriff Stacey said that it is not legal, he said that he see=s more on the bike path other than in the dirt next to the bike path. He has been stopping people who are riding on the bike path to at least warn them or to ticket them. The people need to be stopped and at least educate them.
Mayor Hansen asked if they are willing to enforce that law to keep them off the bike path. All the Law Enforcement officers agreed that they will work on this issue.
We will continue to work together with the issues during Raspberry Days, the ATV=s, etc.
REQUEST FROM THE PLANNING COMMISSION TO GET A LETTER OF CREDIT FROM SHUNDAHAI FOR THE GOLF COURSE IN THAT DEVELOPMENT.
Mayor Hansen dismissed himself from the meeting because he has a conflict of interest with this agenda item. He turned the meeting over to Council Member House to run at this time and he left the building.
Council Member House explained that the Planning Commission felt that Shundahai should have a letter of credit or bond for the golf course in their subdivisions because they are selling lots with the golf course as an amenity. If a property owner buys a lot thinking that they will have a golf course they should have some assurance that the golf course will be constructed.
Mr. Norm Mecham said that it will be part of the entire development, it is not part of any individual subdivision. It is not an amenity that is shown on a subdivision plan it is just part of the conceptual plan. If they have to bond for everything in the development with the very first subdivision they won=t be able to afford it.
Council Member House said that the letter of credit will just insure that the golf course will be built with the subdivision.
Mr. Mecham explained that they are bonding for each individual subdivision for all the improvements for that phase. If there is an amenity inside that phase they will bond for but not for the things that are just a part of the Master Plan.
Council Member Huefner said that she doesn=t understand why they would need a letter of credit for the golf course. He can=t bond on it with an individual phase because that would make the owners of that phase owners of the golf course.
Council Member Schnetzer said that there are certain things in a Master Plan that are just part of the master plan like commercial areas. The golf course is no different. We don=t make the developers bond for commercial areas.
Council Member Huefner said that we are not seeing what the Planning Commission is seeing on this issue. The Council agreed that we don=t want to require a letter of credit or bond for the golf course and if the Planning Commission wants to require this then they need to talk to us about their concerns. Also, the ordinance states that the letter of credit or the bond is for improvements in the phases not amenities.
Request to re-zone property at 465 S. Bear Lake Blvd. From Residential to Community Commercial. The property is approximately .22 acres. Jim Reese and Lamar Spencer.
Mayor Hansen said that he is not incline to re-zone just because the discussion from the Planning Commission. The Council Members agreed.
Mr. Spencer said that he is still working at the property and on the addition to the house. When he gets that done he would like to have a businesses be able to work out of that house.
Council Member Schnetzer made the motion to decline the request to re-zone the property at 465 S. Bear Lake Blvd. Mayor Hansen said that we will write out the reasons for this denial for Mr. Spencer. Council Member Huefner seconded the motion. All in favor and the motion carried.
DISCUSSION REGARDING BEACH ACCESS, CHARGING A FEE AND GATING.
Mr. John Spuhler explained that he worked on the beach access over the weekend and most of the people are thankful for the work that they are doing to make the beaches safer and cleaner.
There have been comments from the local residents as to why they have to pay to use the beach. We have also receive a few letters from property owners complaining about having to pay to use the beach, which the Council Members reviewed.
Mr. Spuhler said that this is a worth while investment for the community and something that will benefit the community.
Resolution #R08-09, A Resolution to set regulations for charging for fees for beach access and for setting beach access fees.
Council Member House made the motion to accept resolution #R08-09 fees for the beach. Council Member Huefner seconded the motion. All in favor and the motion carried.
Request to have the marathon in the park next year, Cory and Jared Haddock
Mr. Haddock explained that they did the marathon this year and there was only one little glitch with the park issue because they wanted to go into the park before it was supposed to be open. Mr. Haddock will work with UDOT on the road issues. They would like to do the marathon again next year on the 13th of June. The Council said that would be fine but they need to bring in more porta potties and have them set up at the park.
Mr. Haddock will need to reserve the park and they can do that right now. Also, they need to let us know in advance that they are going to be in the park earlier than the park opens so that we can let the adjacent property owners know that it will be earlier.
CDBG Grant Project Update
Ms. Hislop explained that we are still waiting for the environmental review from BRAG. We took it over the first of May and we are still waiting. We need that to finish the requirements for the grant. Mayor Hansen said that he will contact Mr. Carver to see what we can do to get the environmental review done.
Scenic Byway Grant
Council Member Huefner said that we are still waiting for them to make the decision, which is scheduled for July 15th.
Update for new library/Town Hall
The project at the town offices is coming along really good. They are sheet rocking right now and they will start to mud tomorrow. It is looking really good. We have had a great community support to get this project done. We have had over 60 individuals help with that project.
We will put the other building out for bid. We will do another advertisement and let them do a walk through and it will be a cost plus project.
Review of letter submitted by Gerald Hunsiker
Mayor Hansen read the letter and stated that we are building these buildings for the people who live here, not for those who come from other places. We need to work with the people who live here first and work the others in where possible.
Request for a lower flat rate, Allen Layne
Mayor Hansen said that we are in line with every where else and we have already set our rates.
Credit Card Payments
We have had a lot of requests for credit card payments. We can do it through the Peachtree program. The Council agreed that we need to make this an option.
Fireworks at the park
We did have a lot of illegal fireworks at the park on the 4th of July. The Fire Department will watch it close for the 24th of July.
COUNCIL MEMBER REPORTS
Council Member Schnetzer stated that she is still working on the State Certification for the library.
The plans for the library are coming along. They may want to get a computer so they can catalog the books before they move them.
Council Member House said that he will do a bid for mowing at the Canyon Cove, all around it, and along the bike path, and road sides.
Council Member Huefner said that the mag watering did get done. She contacted the State and they said that they will not work with the Town on paying for their cost. She has made rules for next year so that there is not a problem like this again.
Council Member Huefner told Ms. Locey that they need a dumpster for their own garbage.
Council Member Huefner said that she will work on a resolution that we suggest that only parallel parking be allowed on Bear Lake Blvd.
There is a problem at the Pickleville Playhouse and their parking and the access out of the building. Council Member Huefner will work on the parking issue with them and Mr. Kurek will work on the fire code issues in the building.
We need to get a list of the contact people for each of the short term rental properties. We will get that list to each of the Council Members. The Council Members should only contact the contact person and not deal with those who are renting the properties.
Because of air quality we can enforce anyone who is building that they keep the dust down.
Mr. Dale Brower is requesting a sign at the top of 200 N. stating that it is a dead end and no beach access. Mayor Hansen said that we are not going to do that because there is beach access there.
The bills and vouchers were presented to the Council Members for their review and approval.
Council Member Huefner made the motion to accept the payment vouchers as presented. Council Member House seconded the motion. All in favor and the motion carried.
Council Member Huefner made the motion to go into an executive session at 9:45 p.m. Council Member House seconded the motion. All in favor and the motion carried.
Minutes of the executive session are kept separate and will be approved by the Council.
Council Member Huefner made the motion to end the executive session at 10:05 p.m. Council Member House seconded the motion. All in favor and the motion carried.
There being no further business to discussion, Council Member House made the motion to close the meeting at 10:05 p.m.
Kenneth Hansen, Mayor