Meeting Minutes June 2005
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regular scheduled meeting on June 9, 2005 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen called the meeting to order at 7:00 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Mayor Hansen welcomed everyone to the meeting
BUSINESS LICENSE DISCUSSION/APPROVAL
@ Home Realty Network, Ryan Olsen
Ms. Kathy Johnson and Ms., Janette Gailey is representing the business. They just want to do real estate. Ms. Gailey is the Branch Broker. They will be located at the Canyon Cove building next to the visitors center. They do have the Utah State Real Estate License. They don=t sell anything that requires sales tax. They gave Council Member Gray a copy of the licenses. It will just be the two of them in the Garden City office right now.
Council Member Price made the motion to accept the license for @ Home Realty. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Aromas Brassiere, M Shaka=s, Inc.
Mr. Frank Smith is representing Maleke Hamilton, who is leasing and will be running the restaurant at Harbor Village. Mr. Smith explained that they have been approved by the Planning & Zoning Commission for the restaurant at Harbor Village. They have meet with the Health Department and with the Building Inspector and are working on their requirements. They are moving the restaurant downstairs. There are two doors that come into the upstairs and staircases that go down to the restaurant. There is also a direct access downstairs from outside, which will be used for the handicap access. The outside access will be paved or concrete. Council Member Leonhardt said that they are pretty well set to open. They plan to be opened by July 1. The minutes from the Planning & Zoning Commission meeting with their stipulations were read for the Council. The Council discussed the architectural standards and it was determined that they will not be changing the building so the Town Council didn=t feel that the architectural standards needed to be addressed.
They need to have a design professional make the changes for the new kitchen. Their designers are laying it out.
Council Member Gray made the motion to accept the business license for Aroma Brassiere with the stipulation that they need a Utah State Tax number and the State License number and they need to complete the stipulations of the Planning & Zoning Commission. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Royal Juniper Woodworks, Richard Bodrero,
Mr. Bodrero explained that he has purchased the little cabin next to the KOA and he would like to open a retail store there. He wants to sell small furniture, juniper items, door knobs and chandeliers, etc. It will just be a small retail store. He will just be selling the furniture here, he will do the assembly in Logan. Mayor Hansen explained that they need a State Tax number registered to Garden City.
Council Member Wride said that her concern is the two businesses in that one location. Mr. Bodrero said that his items will be inside the building with the exception of just a swing outside.
Council Member Wride said that when 3rd west is completed there will only be one driveway and that may or may not affect him. Mr. Bodrero stated that when he bought the property he was aware of the plans for 3rd west and he is willing to work with the plans. Council Member Leonhardt made the motion to accept the business license for Royal Juniper Woodworks with the stipulation that he needs a sales tax number registered with Garden City. Council Member Price seconded the motion. All in favor and the motion carried.
Beehive Bears Carving, Kirk & LouCin Topham
Mr. Topham explained that he has been working out of another location and now he would like to get his own business license to do his own thing. He wants to rent some outside space from Mr. Bodrero to do the same type of thing he has been doing at the Bears Den. They will be doing the same thing with their own business license at a different location. He will have an area fenced off with warning signs. The previous conditional use permit allowed him to use the chainsaw only during specific times during the day, between 9 and 6. They haven=t had any complaints at the current location. He will not have a lot of items scattered everywhere, he will keep things cleaned up better than they are at the current location. They will have outside storage for the wood but it will be right behind the cabin. He wants to be more professional. He has a note from KOA and from Mr. Frank Smith stating they are okay with this type of a business next to their business. He would like to carve a 12' bear for a display.
Council Member Wride is concerned about the safety and the parking. Mr. John Nelson asked where they will store the paint and varnish. Mr. Topham said the paint will be in the trailer and not inside the cabin, he doesn=t need to keep a large quantity on hand. Typically the largest he will get is 5 gallons. He has a carving trailer that will be parked behind the cabin for his tools, etc. Council Member Wride said that the trailer will be out of view from Bear Lake Blvd but not 3rd west. Mr. Topham said that eventually he would like to purchase property in that same area and have his own shop so he can have everything inside.
Mr. Topham said that everything that was required for their previous business license was good and it was for their benefit and protection. They have filed for the state tax number for Garden City. They will also work with the Building Inspector for the parking, etc. Mr. Bodrero said that he is working to clean up the parking area and level it out.
Council Member Leonhardt made the motion to accept the business license for Beehive Bears Carving. With the stipulation that they need to get the Utah State Tax number and follow the conditional use requirements that were set with the previous application. Council Member Gray seconded the motion. All in favor and the motion carried.
BEER LICENSE DISCUSSION AND APPROVAL
Pickleville Country Store
It was discussed that off premise alcohol licenses are not regulated by the State anymore. If they are just selling the closed containers that won=t be consumed on premise they don=t regulate that. Council Member Leonhardt made the motion to approve the beer license for Pickleville Country Store. Council Member Gray seconded the motion. All in favor and the motion carried.
SURVEY QUESTIONS FOR HARBOR VILLAGE, Jeff Hansen, JSH Surveying
Mayor Hansen explained that we need to discuss the surveys and property lines in Harbor Village so that we are all on the same page with the subdivisions in question. He asked Mr. Jeff Hansen to explain the facts in regards to what the law is regarding the stakes that are there now and also to give some suggestions to resolve the problems coming in the future. Mayor Hansen will then explain what we expect as a town.
Mr. Jeff Hansen said that we have a subdivision that was surveyed along time ago and the quality of the survey wasn=t the best. The corners have been set and the corners need to stay where they are marked. The error that is there stays there. Our problem is that the corners are there and the power was put in separately without relying on the original survey. The only option now is to move the power to the property according to the original survey. We can=t move the property lines to the power. Mr. Dennis Bullock said that he hired a contractor to do the survey and 90% is on the original corner stakes. 2 cabins were built last year in this area and a survey was done and one of the cabins were off. Other surveys have been done and the lines are off about 10 feet. Mr. Bullock said that he has agreed to change the power on a lot per lot basis as needed in phase IV. He has told the homeowners that he will take care of the power issue on a per lot basis. In phase III there are 2 lots that are off and he will take care of the power issues on a per lot basis the same way. The person that buys the property needs to do a survey to make sure where the lot lines are. Ms. Laura Reilly asked if someone will eventually come up short this way. Mr. Dennis Bullock said that it could happen but the lines are off just a little bit. Mr. Jeff Hansen said that some lot lines are off about 20 feet. They need to have the property surveyed before they buy it to make sure there are no problems. They can find the original stakes and go by that for the survey. Mayor Hansen asked how they can survey the lots and have them match the plat that was approved. Mr. Jeff Hansen said that the surveyor can mathematically make it work starting with were the monument is. There are still gaps in the plat. Mr. Dennis Bullock said that there is no problems with what has happened there to this point. He has moved the power for each lot that has needed the power moved.
Mayor Hansen said that we just need to make everyone aware that we need to verify set backs and we require a survey for a building permit.
If the power is on the corner then there is not an issue but if not Mr. Bullock said that he will pay to move it to the corner. That is what he will continue to do.
Ms. Cindy McClaughlin said that after Mr. Jeff Hansen does a survey he marks the lot. Mr. Jeff Hansen said the town needs to determine how long we are comfortable with the survey before we require a new survey. If the survey is older than 1 or 2 years will we require a new survey? Mr. Bullock agreed that the lots need to be surveyed before they are sold.
There is also issues with Blackberry Drive. Our concern is that we make sure we maintain the width of the road. Mr. Dennis Bullock showed the map of the road. The road currently cuts through one of the lots. Mr. Bullock has had the road re-surveyed and the power is where the road should be. Mr. Bullock said that he can purchase that little bit of property where the road is from the homeowner then he will have to move the power or he can move the road to where it should be according to the plat. Mayor Hansen said that he doesn=t care either way he just wants to maintain the integrity of the road.
Mr. Bullock said that he could purchase the piece of property where the road is from the homeowner and then he will deed the little bit of property where the road should be to the homeowners association. Mayor Hansen said that if Mr. Bullock buys that piece of property then he will have to work with the Planning & Zoning Commission to amend the plat. The Council agreed to leave it up to Mr. Bullock to resolve the issue how he chooses but the easiest way is to move the road where it should be according to the plat. Mr. Bullock agreed that he will move the road.
PARK BOUNDARY LINE AGREEMENT, Jeff Hansen, JSH Surveying
Mr. Jeff Hansen said that the legal description for the park and Lido Point doesn=t match what is on the ground. The Lido point subdivision was approved by the town. The only thing that will change is just the legal description. No fences or structures will have to be moved. There are only 3 property owners that are affected along with the town. The town is affected from the highway to the lake.
Mr. Jeff Hansen will have Ms. Marilyn Adams from Hickman Title, do boundary line agreements to make the legal description fit what is on the ground.
Council Member Leonhardt made the motion to do the boundary line agreements with the property owners on the south side of the park. Council Member Gray seconded the motion. All in favor and the motion carried.
Ms. Kris Bown showed the drawings with the proposed building #6. It is an identical building footprint to the other buildings. There will be parking between the buildings but it will be laid out a little different. Building 3, 4 and 5 have already been approved and they are requesting #6. The engineering has not been done at this time for building #6. The building permits are ready for 3, 4 and 5. Trendwest has been approved by Planning & Zoning Commission for this revision. Their only concern is losing the RV parking. The Town Council said that they are not using that area for parking. Ms. Bown said that property is not even graded yet so they shouldn=t be parking there. She said that there is options that they could put pull out areas on the side of the road to allow for some RV parking. They will have to look at the grading. There is no RV parking indicated on the plat. The parking for building #6 will be a double loaded parking lot and will be 1.5 parking stalls for each unit, which is required by te ordinance. They will look at addressing the RV parking. Council Member Gray said that we shouldn=t be concerned as a town to make sure they provide RV parking, that would be something for them to decide. That is a service that they may find themselves having to provide.
Mayor Hansen said that his concern is the density of the area and the ingress and egress in the Harbor Village area. It is a very narrow road. The only way to widen that is to take out some of the grassy area and widen it there. There is room on the grass. Council Member Gray asked how we can decide if we can require that or not because it is not even on the Trendwest property.
Mayor Hansen said that he is not sure how to address it. Council Member Wride said that Raspberry Patch Road can be improved but it is just one entrance.
Mayor Hansen said that they also need to increase their dumpster stations. Ms. Bown said that they are adding another dumpster area.
Mayor Hansen said that he recommends, in their best interest, they work with the homeowners association to improve the entrance and the turn onto the loop. They need to take out the island and the tree in the center of the road. It is really becoming a dangerous situation, the entrance and the turn onto the loop. Everybody there needs to work together.
Council Member Gray made the motion to approve the amendment application for Trendwest. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Mayor Hansen asked Ms. Bown to take the concerns back to her group. Council Member Wride asked her to put up better signage.
Mayor Hansen said that he talked to Mr. Ted Hildt about the property on the south side of the highway. It has been sold and the new owner is in favor of the annexation. We haven=t been able to get with Mr. Jeff White to determine if he agrees to the annexation.
Council Member Price made the motion to approve the annexation but do it as a group and take everybody that has agree to annex at this point. Council Member Wride seconded the motion. All in favor and the motion carried. This includes Darin Pugmire and Jeannie Willis.
Ordinance #05-11, ATV Ordinance
Council Member Gray said that we tabled this ordinance last month because Sweetwater=s possible annexation. There has been no further discussion on the Sweetwater Annexation so we will go forward with the ordinance approval. Council Member Gray reviewed the roads that are included in this proposal. They are providing direct access to the Shosone Trail as well as other areas and businesses in town. We just need to put together a map of the open roads. We also need to educate people that the speed limit is 5 miles per hour.
Buttercup will be allowed ATV use for access the same as it would be for everyone else in town.
If this ordinance doesn=t work then we will have to revoke the ordinance. There will be some issues that we will have to deal with but this will give people a little bit more flexibility. Council Member Gray will prepare a letter and the map to go out with the water bills explaining the new ordinance.
Council Member Leonhardt made the motion that Council Member Gray finish the ordinance with the map and pass the ATV ordinance with the map. Council Member Wride seconded the motion. All in favor and the motion carried.
LATE FEE RESOLUTION
This proposed resolution is to allow finance charges or late charges on delinquent accounts. Mayor Hansen read through the resolution. Mr. John Nelson asked if the intent is to have the entire amount current or the past due current. Mayor Hansen stated that we need the entire amount current.
Council Member Leonhardt made the motion to approve Resolution setting the late fees for the delinquent water accounts. Council Member Gray seconded the motion. All in favor and the motion carried.
Council Member Price made the motion to move #8 of the agenda down just before 14 a of the agenda. The Council agreed. Motion died for lack of second.
EMPLOYEE PAY INCREASES
The Council gave Mr. Troy Andersen an opportunity to give his presentation for a pay raise with the new budget. Mr. Andersen passed out a letter to the Council which explained his request. Mr. Andersen contacted a lot of different towns and got a comparative rate for the work that he does. The comparative wages are between $35,000 and $40,000. He is asking for $37,000 for this year. At his classification and job description they are $35,000 - $40,000. Mr. Andersen is at the highest classification he can be for distribution. There is higher classifications for treatment but we don=t do treatment. Mr. Andersen is requesting $37,000 so that it is competitive with everybody else, then from here on out it should just be a cost of living increase.
Council Member Price asked if Mr. Andersen had any idea what the budgets are for each of these towns that he researched? Mr. Andersen said that he didn=t know.
Mr. Andersen is a D4 classification in distribution and our town only requires a D1. In treatment it is different, it is based on the size and type of treatment plant which determines what level you have to be.
Council Member Leonhardt said that the proposal is laid out pretty good and the Council will discuss it during the executive session.
Mayor Hansen said that Mr. Andersen does a good job for the town and the Council agreed.
Mr. John Nelson said that he doesn=t know what Mr. Erickson submitted for his salary increase request. He would just like to make a couple of general comments. He stated that if Mr. Erickson were to leave the town we would be in a real problem. To attract someone else for the job it would be tough because we are so far out. Mr. Erickson does a good job and he wears a lot of different hats. His heart is in the right place. One of the big problems is that the area here is a unique place. Nobody builds a starter type home, they are all big value houses and they are fairly complicated.
Mr. Nelson explained that North Logan City hired someone about 3 weeks ago and they started at about $35,000. Mr. Erickson would have started at $37,400 based on his certifications. Mr. Erickson still needs electrical and mechanical commercial certificates. He has all 4 residential. The building inspectors in other towns are not required to attend other meetings. We are unique, we don=t have a building department we just have Mr. Erickson. We have about 150 permits per year, which includes the entire county.
Ms. Sharlene Millard explained that the clerks are asking for a 5% cost of living increase.
HODGES BEACH RIGHT OF WAYS
Mayor Hansen explained the rights of ways in the Hodges Beach and Real Beach Subdivisions. He explained that they are staked. There is a 16' right of way easement that goes right through the middle of Mr. Bruce Chapmans house. Mayor Hansen talked to Mr. Chapman after it was surveyed and he wants to work something out with the town. They own the lots adjacent to the next easement. Mr. Chapman proposed that we abandon the easement where his home is and expand the next easement the same distance and make it a better access. Mayor Hansen has talked to the attorney and Ms. Marilyn Adams, from Hickman Title, and they said that it is possible to trade the property. We would need to have public meetings and let everyone in the subdivision now about the issues.
Council Member Price said that there are separate lots there and we should encumber them so there is not a problem later with access to the lots. The property is all owned by the same family right now, but they could be sold separately later creating property that is land locked. Council Member Price said that we should require a right of way so the lots are not land locked.
Council Member Wride suggested that we should work with the property owners.
Council Member Price made the motion to go through the process to move the right of way over and combining the other right of way with the stipulation that there are no land locked properties. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Mayor Hansen explained that Mr. Mark Hodges sold the property at the bottom of the Hodges road and the agreement included that they deed a right of way to the town for beach access. That has been done.
SWAN SPRING WATER PROJECT UPDATE
Mr. Troy Andersen explained that we hit peak run off about 2 weeks ago. The turbidity went up over 20, the maximum is 5.47. We were over our maximum for about 2 weeks. During our high peak run off Mr. Andersen made it a point to have our water tested at that point. There was still no health risk at the highest level of turbidity. There were no bacteria in our water. Mayor Hansen said that we are just waiting to hear from the state regarding the testing.
WATER LINE EXTENSION
Mayor Hansen explained that we have the opportunity to extend our water line from Foothill Subdivision past Chevron. This would be a good time to extend our water line to that point while the construction is going on the highway. It is about 2800 feet with fire hydrants and fittings and 8' crossings, (2) for future use. Materials will cost about $60,000, using C900 pipe. The installation will be between $20,000 and $30,000. We will need a permit from UDOT, which shouldn=t be to difficult because they are here now with the highway project. The total cost will be between $90,000 and $100,000, but if we do it now it will be a lot cheaper than doing the same thing later.
Frehner will still put the casing in across the highway so we can use it later. Mayor Hansen said that we would re-coup some of the cost from the developers when they connect. We would have to get a participation commitment in writing up front from the developers.
Council Member Wride said that if we run the water lines later it would be more involved with UDOT so it would be better to do it now. Mayor Hansen said that=s correct but on the other hand we don=t know our situation with the treatment plant. We are also pledging $60,000 to the new water tank with the Elk=s Ridge project. Mayor Hansen said that we shouldn=t need to have the extension engineered.
Council Member Price said that we should keep it in mind but we need to look at the budget.
Mr. Andersen has bids coming in next week.
Municipal Pool, Jim Lowther
Mr. Lowther explained that his wife is handicapped and has talked to several people in the area about the pool. There are several people in the area that would benefit from having a municipal pool. Also, boy scouts and girl scouts would benefit from the pool. There is a swimming pool and it is presently not being used and they are not insured to allow the public to use it. They are suggesting that the town purchase the pool at the Canyon Cove Motel. That would be cheaper and easier than building our own municipal pool. Mayor Hansen said that he doesn=t know where the money would come from. Mr. Lowther has no idea what the property owners are asking for the pool. Mayor Hansen said that it would be a great opportunity but outside of raising taxes he is not sure how they can purchase it or maintain it. Council Member Wride suggested that we put it on the wish list.
New Water Works Application
The Waterworks application has been updated and taken out of ordinances. The council made a few changes to the new agreement.
Sweeping the Bike Path, Jerry Walker
Mr. Jerry Walker contacted the office and is interested in sweeping the dirt off the bike path. He charges $40 per hour and actually sweeps up the dirt not just push it to the side. The Council agreed that the backhoe does fine.
Planning & Zoning Commission Member Hodges asked why the Pickleville Store doesn=t have a conditional use permit for the food products. They were told when they got their business license that they would have to come for a CUP for the prepared food. We will watch to make sure they do.
BUILDING INSPECTOR REPORT
Mr. John Nelson passed out the YTD report for Garden City. He said that we will be right around $115,000 in building permit fees if Trendwest pays their fees this year. That is about 62 permits. The county has about 50 permits.
Mr. Nelson said that Mr. Erickson received an e-mail from a property owner that wants to develop about 120 acres in Garden City. Mr. Erickson would like to know how the Council wants to respond. Mayor Hansen said to tell him to come to the Planning & Zoning Commission. Mr. Nelson said that they want some type of an answer on how this will be accepted by the town. Council Member Wride said that he can come as a discussion if he wants first.
HOMELAND SECURITY COOPERATIVE AGREEMENT
The Council reviewed the agreement with homeland security to cooperate with the other entities with what we benefit from the grant.
Council Member Leonhardt made the motion to sign the Homeland Security Cooperative Agreement. Council Member Gray seconded the motion. All in favor and the motion carried.
COUNCIL MEMBER REPORTS
Mayor Hansen explained that Mr. Dennis Ashton has approval from LeGrand Johnson Construction to fill in the pit to give a full 100' for 300 west.
Council Member Wride said that she has been working on the Buttercup SID, they have to do all the noticing, etc. In order to get all the things done in a timely manner to get the paving done this fall she is requesting a special meeting next week on the 15th at 5:30 p.m. They will need a quorum. The overseers of the SID need the okay from the council to go forward on this. They will have the new time line for that meeting. To wait until next month will put them too far into the fall for the paving. Council Member Leonhardt said that he doesn=t have a problem with having a special meeting but he doesn=t want to set a precedence of having special Town Council meetings. Council Member Wride said that they should only have special meetings for emergency issues.
Council Member Leonhardt made the motion to hold a special meeting next Wednesday at 5:30 p.m. Council Member Gray seconded the motion. All in favor and the motion carried.
Council Member Wride suggested that in the community commercial ordinance be changed to require landscaping elevations. We need to change that to refer back to the architectural standards. The way it is right now it is in conflict. The council agreed that it needs to be changed to refer to the architectural standards.
Council Member Wride said that the very first page of section 11 states that it is part of the zoning ordinance not just the zones themselves.
Council Member Wride said that 300 west is finally ready. The plat will finally be signed tomorrow. The EIS is done and the drainage study is done. She is working with the engineers on the TIS for our intersection. They recommend that Lockwood not come out on the highway directly. We still don=t know what UDOT is requiring, she is meeting with the engineers and UDOT on the 21st. Mayor Hansen said that we need to hold firm on the cost stating that we have watched 3 intersections built that didn=t cost the community anything. Council Member Wride said that their biggest concern is safety. She also explained that Mr. Dennis Ashton doesn=t want to dig up where the road is going to go because he doesn=t want any excess dirt. He wants to just raise the elevation a little. Council Member Wride said that there is a slight possibility that UDOT won=t allow the 2 entrances, one to Lockwood and 300 west.
Council Member Gray showed some rubber pieces that can be used at the park around the play ground equipment. It costs $320 a ton. Council Member Gray recommends that we get this and put it in the playground. They suggested a minimum of 4" thick. Council Member Gray has seen them at school playgrounds and park playgrounds in Utah.
Council Member Gray asked about the motion that was made to set different types of commercial zones. He thought that was prior to the changes to the architectural standards. Council Member Wride said that we can make new standards and have them in the book but they won=t pertain to anything until we set the new zones.
Council Member Leonhardt explained that raspberry days are underway and going well. We had law enforcement here during the last meeting and they are happy with the changes that have been made.
Council Member Leonhardt said that the P&Z meeting went well.
Council Member Leonhardt made the motion to go into executive session 10:30 p.m. Council Member Gray seconded the motion. All in favor and the motion carried.
Council Member Price made the motion to return to the regular session at 11:50 p.m. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Leonhardt made the motion to move the approval of the budget to a special meeting next Wednesday at 5:00 p.m. Council Member Price said that we will still need to work out the road budget. Council Member Wride seconded the motion. All in favor and the motion carried.
APPROVAL OF THE MINUTES
Town Council Meeting, May 12, 2005
Council Member Price made the motion to approve the minutes of the Town Council meeting held on May 12, 2005 with changes made to said minutes. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Price made the motion to approve the payment vouchers as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Leonhardt said that he is concerned about people borrowing the backhoe. He asked why we are lending the town backhoe out to private citizens. Mayor Hansen asked who is complaining. Council Member Leonhardt and Council Member Wride said that they are the complainant. That puts us liable if damage is done to the backhoe. Also, we are just letting him use it when he can pay others to take care of his mess. Mayor Hansen said that the point is well taken. It was done to help beautification for the town. Council Member Price said that his concern is the precedence that is being set. Mayor Hansen will instruct Mr. Andersen not to let that happen anymore.
There being no further business to discuss, Council Member Price made the motion to adjourn the meeting at 12:30 p.m. Council Member Leonhardt seconded the motion. All in favor and the motion carried.