Meeting Minutes June 2006
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on June 8, 2006 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
Kathy Hislop Suzy Wright
John Abraham Frank Smith
Gerald Hunsiker Loretta Fidler
Bobbie Saxton Norm Mecham
Diane Alleman Eric Johnson
Ken Nelson Mike Madsen
Becky Nelson Hyrum Lantz
Greg Bills Ed Price
Carol Bills Pat Reilley
Mayor Hansen welcomed everyone to the meeting.
BUSINESS LICENSE DISCUSSION/APPROVAL,
Photo Frenzy, Bobbi Saxton & Diane Alleman,
Ms. Saxton explained that they want to take old time photos at the Bear Country Trading Post. They want to open the business before July. They are not planning to do any family photos, etc., but they can do groups if needed. They will have 2 main backdrops. Their State Tax number is F61314. They will only use digital equipment, so they will not have any chemicals.
Council Member Gray made the motion to approve the business license for Photo Frenzy. They do have a State Tax number. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL
Photo Frenzy, Bobbi Saxton & Diane Alleman,
The Planning & Zoning Commission discussed the conditional use permit for Photo Frenzy and they recommended that the Town Council approve it.
Council Member Leonhardt made the motion to approve the conditional use permit for Photo Frenzy. Council Member Gray seconded the motion. All in favor and the motion carried.
BUS SHUTTLE DISCUSSION, Frank Smith & Suzy Wright
Ms. Suzy Wright explained that they are here on behalf of the Chamber of Commerce. The businesses in town are having a hard time getting people to come to work for them so they would like to look into getting a bus to come from Logan to Garden City. There is a shuttle that goes to the ski resorts during the winter. Ms. Wright has talked to some businesses in town and they all need more help.
People here would also like to use the shuttle to get over to Logan and use the bus service around Town.
They are just trying to investigate this to see if it is a possibility. Mr. Smith said that he has talked with a transit authority and we could get it for a government rate along with a gas surcharge. He was hoping that the employers that need the help would help subsidize it. We could also charge the people that use the bus.
They are requesting money from the Town to help pay for the shuttle. They suggested that we help with the resort money. They asked if the Town Council feels like this is a good idea to pursue and if there is some available funding.
Council Member Leonhardt said that it would benefit the Town but he suggested that they start with the businesses that need the employees. He said that he is not favorable for the Town to spend money for this reason at this time. Mayor Hansen said that we should try to convince the Logan Transit District to fund the shuttle because of the benefit that they receive from all the Garden City people who pay the sales tax in Logan.
Mayor Hansen suggested that the employers pay a gas allowance for each day for their employees. That helps subsidize the employees’ cost.
Council Member Seiler suggested that they start with a smaller bus that would help keep the cost lower. She also said that the senior citizen bus is in Town a couple days a week and they may be able to use the LTD to get to Logan from here.
Council Member Gray said that it would be a minimum cost of about $3,000 per month. With that said what would it take to recover that cost. He said that the cost burden could come from a lot of different entities. He said that he wouldn’t be opposed to the Town helping fund this project. He suggested that they put some figures together to see what it would take for each entity to participate.
Ms. Wright asked for clarification from the Council on what they want. If they can get this together, could they say that they have the financial support from the Council? Mayor Hansen said that we need more information; it could be a possibility with more information.
Mr. Greg Bills explained that he would like to encumber lots 3, 4 and 5 of Snow Meadows Phase 2. They are south of the main entrance into Snow Meadows. Mr. Bills said that when they designed the home it had a larger garage but in negotiations with the homeowners association they have made the house smaller. Now the house fits on the 2 lots and he would like to just encumber lots 3 and 4 and leave 5 for a separate building lot. They will meet the setbacks on just the two lots. He understands that he has to meet the Town ordinance, which is the minimum requirement.
Council Member Leonhardt made the motion to encumber lots 3 and 4 of Snow Meadows Subdivision Phase 2. Council Member Gray seconded the motion. All in favor and the motion carried.
SWAN SPRING CULINARY WATER TREATMENT PLANT UPDATE
Mayor Hansen explained that we will have a public hearing in regards to the purchase of the property for the treatment plant. We have been working with the County Planning & Zoning Commission to get a conditional use permit approved for the use of the property. The purchase agreement and the application for the Planning & Zoning Commission has been faxed to Mr. Jim Petersen so he can sign them and fax them back so that part of the process will be completed.
We are going to activate a bond in the amount of $254,000, which is also on the agenda. That is an advance that the state was willing to do for the design of the treatment plant and a deposit to the Pall Company.
EXCHANGE OF WATER SHARE DISCUSSION
Mr. Mike Madsen said that he transferred some water shares in exchange for connections to Westlake Subdivision. He did retain 1.5 shares of water for himself. He is looking at transferring shares to the Town in exchange for a culinary exchange for water that he can use on the property that he owns. That would allow him to hook onto the Town water system. That would be a back up for water for the property he has along Swan Creek. Mayor Hansen explained that the calculation for water transfer right now is 2.4 connections per share of water, and that would be for a quarter acre lot. His 1.5 shares would be equivalent to 3.5 connections.
Mr. Madsen said that he has no need to keep the canal shares but he could use the culinary shares in the future. Mayor Hansen said that we have discontinued selling water connections to property owners who are outside the Town limits unless they have water shares to trade.
Council Member Satterthwaite explained that she has been looking into this and she feels that we are making many mistakes when we transfer the water. She explained that when Mr. Madsen developed the Westlake Subdivision, and did the water exchange, we ended up with less shares than what was in the water agreement with the Town. She said that from the records it looks like Mr. Madsen was not the owner of all of the water shares. She said that her interest is to improve this process so that we don’t have problems in the future. She said that the process is defective from the Town’s side. We don’t make sure that they are the owner of the shares, that the uses can be transferred or that the point of diversion can be changed.
Mr. Madsen said that he has documents showing that the title company deeded the water to the Town. He showed the document stating that the water was transferred.
Council Member Satterthwaite said that we need to make sure what we exchange is equivalent to what we suppose that we are getting. We can’t go back and change what has already been done. She also stated that the transfer has not been certified by the state, it is recognized but not certified. She feels that we need to take the right steps for requiring what we are exchanging is what we are getting and that it can be properly transferred.
Mr. Madsen said that really to evaluate the water needs we need to have a metering device to determine what each entity is using, i.e., the canal company, the Town, etc. Mayor Hansen said that we don’t want to get the state involved because that could hurt us all. The Town does have a metering system on our line. We do need to protect the water that comes out of the spring. We are trying to work with the canal companies to make sure we are using what rights we have.
Mayor Hansen said that we do have enough water rights for the needs of the community. Council Member Satterthwaite said that Sunrise did a report stating that we do not have sufficient water right for what our needs are. Mayor Hansen said that the difference is that we don’t have enough water storage and we are also on unlimited use right now. Council Member Satterthwaite said that we have plenty of water but it is not converted to use as culinary use.
The State has rejected our applications to get more water from the spring, to transfer the water to the spring. Mayor Hansen said that the application, dated 1989, was rejected because we couldn’t show the need.
Discussion ensued regarding use of the water, the rights that we have and changing canal shares to culinary use.
Mr. Madsen said that he has canal water in the spring and he just wants to transfer that to culinary water. He said that the point of diversion is right there at the spring. It is irrigation use at this time. Council Member Satterthwaite said that would be a great exchange if we can garner the use. Mr. Madsen said that he is not arguing, there is a way to do it and it has happened before. He would just like to exchange the shares at the head just for the opportunity to use the water for culinary. Council Member Satterthwaite said that she is not opposed to the request she just wants to make sure it is done right.
Mayor Hansen asked for a motion. Mr. Madsen said that he is just presenting this request; it is not on a deadline. He is leaving it up to the Council to determine what they want to do. The shares that he wants to transfer do have a water right number under the Swan Spring Canal Company. It is all under the same filing for all the canal companies. The priority dates are different. Mr. Madsen said that the Council needs to work through the process and determine how it can work out. Council Member Satterthwaite said that we want to do the right thing and we need to take into consideration the interests of all the citizens of the Town.
WATER CALCULATIONS FOR BALSAMORHIZA, Norm Mecham
Mr. Mecham explained that he has an agreement with the Town, which was executed in 2000, to transfer water rights in exchange for the water connections to the Balsamorhiza Subdivision. He explained that nothing has been done with transferring the water rights. He said that he is concerned that these rights may be in jeopardy. He wants to do what he can to help the Town protect these water rights. He also wants to make sure that what he transfers will take care of his project and then maintain the remaining rights. He had the engineer calculate what he would need for his project.
Mr. Mecham pledged 2.5 rights to the Town. Those rights were supplemental, and one of the water rights has lapsed. Council Member Satterthwaite said that she talked to the person over the water rights with the state and she feels that the one water right that lapsed was not Mr. Mecham’s fault, it was the Town’s responsibility. Mayor Hansen said that there was some paperwork that Mr. Mecham should have completed to execute the agreement. Mr. Mecham said that he will share the responsibility, but his concern right now is to get this completed and municipalities have a better opportunity to get this done.
Council Member Satterthwaite said that these rights are culinary rights but the opportunity to get a point of diversion to the spring will not likely happen. Mayor Hansen said that is correct, we will probably need to drill a well someplace for a secondary source. We would still need to complete a point of diversion. There is a possibility that we can drill a well right next to the spring and run it through the treatment plant.
Council Member Satterthwaite said that it is really important to her that we don’t make mistakes when we take these water rights for exchange. We need to check on ownership, location and use. Mayor Hansen said that we still have shares in the canal companies that the Town owns outright, and they need to be left in the canal.
Council Member Satterthwaite read from the Utah Rules of Administration, which state that they calculate based on the peak day demand. She said that it is important as a Town to learn what it is before we proceed.
Mr. Mecham said that, based on the agreement that the Town signed in 2000, the Town agreed to provide water to his project. Council Member Satterthwaite said that she feels that in consideration with the one lapsed share the agreement fails. Mr. Mecham said that he feels that the Town has an obligation to provide water to the project. Council Member Satterthwaite said that if this obligation is absolute even though one of the shares is not good then it would be the same as him writing a bad check. Mr. Mecham said that we need to get the shares taken care of and he still feels that there is an obligation for the Town to provide water to his project. He said that it is the Towns obligation to make sure the shares are taken care of as per the contract that was signed. Council Member Satterthwaite said that in other Towns she has found that other cities have required the owner to prove ownership, location and use of the rights, but wherever the responsibility lies we have a responsibility to the citizens of this community to make sure it is handled correctly.
Mr. Mecham said that the other right is in jeopardy of being considered bad rights if it is not taken care of before August and he suggests that we request an extension. Mr. Mecham said that he contracted with his own attorney to get this taken care of. Mayor Hansen and Mr. Mecham feel that the water right that lapsed is still worth pursuing. We need to have another meeting and look into this issue.
Mr. Mecham said that he would like to know what he is looking at in terms of connections with the water rights that he is transferring. He said that the property is zoned RR and zoning there would allow over 1000 connections. Last month he was instructed to bring in a calculation to know what he will need to supply his project. Mayor Hansen explained that Mr. Mecham just wants to know how many connections he can get for what he is willing to trade. All he is working off is the one right with the 1.0 CFS.
Mayor Hansen said that he feels that the water issues are a Town Council issue. Mr. Mecham said that these water issues are very complex and he relies heavily on engineers, water right representative and the title company. We need to use professionals to sort through these issues.
Mr. Mecham said that he is okay to put this off for a little bit of time but we really need to get an extension on the one right and we need to pursue the other right that has lapsed. We also need to get input from Mr. Jason Linford, the Town Engineer, on the water exchange calculations.
PETITION TO ANNEX CERTAIN REAL PROPERTY DISCUSSION/APPROVAL, The property is located on the osuth side of Hodges Canyon Road. Parcel number 41-33-00-091, 41-33-00-093 and 41-33-00-090, 12.09 acres. Property owners are Norm Mecham, Ray Elliott and Randy Mecham
Mr. Mecham would like to annex property that is located just south of Hodges Canyon Road. The property is owned by Mr. Norm Mecham, Mr. Ray Elliott and Mr. Randy Mecham. It is 12.09 acres. He showed the property that he proposing for annexation.
Mr. Mecham said that he is aware that 3rd west is configured to come through this property, Mayor Hansen showed him where it will go.
Council Member Leonhardt made the motion to proceed with the annexation process. Council Member Seiler seconded the motion. All in favor and the motion carried.
Robert and Becky Nelson
Mr. & Mrs. Nelson is requesting annexation of their property, which is located west of Snow Meadows Subdivision. Mayor Hansen explained that this property is not contiguous with any property in the town and cannot be annexed at this time. Mr. Nelson said that he was aware of this but this is the first step so they can get a building permit from the county. They said that they are interested in annexing at a later time if it is a possibility.
Because they are not on the agenda it was suggested that we tell them the intentions of the Council regarding this issue and then it can be voted on during the special meeting on the 21st. The Council agreed that they would deny this request during the special meeting. It will be denied because it is not contiguous with the Town boundary. We will prepare a letter stating that this request is denied.
SUBDIVISION REQUEST OF NOT MORE THAN FOUR LOTS, Ed Price
Mr. Price explained that he is here to request approval for a subdivision of 3 lots. They have a 4 acre piece of property, parcel #41-21-40-131, that he has requests to sell for lots. This falls within the provisions of a small subdivision. Mr. Price explained that he has allowed for a right of way on the north side of the subdivision. It would give access to the 3rd lot until 3rd west is completed. Once 3rd west is completed the 3rd lot will access off 3rd west and the right of way will not go all the way to 3rd west. He is dividing the one parcel into 3 lots, not 4.
Council Member Seiler said that the right of way is not wide enough to make it a through street. Mr. Price said that it would be a through street to get to the 3rd lot until 3rd west comes in, then it would only be an access for the 2 lots. Council Member Satterthwaite said that if it becomes a right of way it would never go away. Mr. Price said that he wants to word it on the plat that the right of way is legal only until 3rd west goes in. Council Member Gray suggested that they leave it as a private drive. The Council discussed how to describe the right of way. Mr. Price said that it is too narrow for the Town to ever accept that as a street.
The property owner will own the property all the way to the north property line which includes the right of way.
Mayor Hansen said that he would like to see the 50' for 3rd west deeded to the Town and not left in question. Mr. Price agreed that he will deed 50' on the west side of the property to the Town for 3rd west.
Council Member Satterthwaite said that the water and sewer needs to be indicated on the plat.
Mayor Hansen said that we also need to show something with the right of way so that we can provide area for fire protection. Mr. Price said that the Fire Department should require a minimum of a length of road before they will require a turn around.
Council Member Seiler asked if this is where we would require a through street eventually. Mr. Price said he brought that suggestion to the Council a couple months ago and he thought that the Council said that they didn’t want to do that where the right of way is, they were going to have a through street further north.
Council Member Leonhardt said that he would have to look at fire code to see how long the road can be before he would need a turn around. They discussed fire protection and how to access the properties.
The Council agreed that they would give approval with the stipulation that Mr. Price and Council Member Leonhardt will get together and determine what needs to be done with the turn around according to the fire code. Mr. Price asked about a time frame as to when it will need to be built. Council Member Leonhardt said that as long as there is no structure on the 3rd lot then he would not be required to put in the turn around. Once there is a structure then the turn around would need to be constructed. Mr. Price said that construction would be started right away on the 1st lot and he is not sure about construction on the other 2 lots. Council Member Leonhardt will also let him know what the requirements are for the fire hydrants. He would need two fire hydrants. The water lines and the fire hydrant needs to be in before the structure go in.
Council Member Leonhardt said that before anything can be done on lot 2 and 3 Mr. Price will need to get with Council Member Leonhardt to determine the turn around for fire protection. They will work together on the right of way and the turn around.
Council Member Satterthwaite made the motion, but she is not sure how to deal with the 25' right of way and how that will go away once 3rd west is in. We can just stipulate that as a private drive then it is up to the parties to make the changes. The right of way is 25' wide. Mr. Price would like to make the utility easement 10' wide, not the full 25'.
Council Member Seiler made the motion to accept the Price subdivision with the following requirements, 1. Mr. Price will meet the fire code for the access, 2. The west boundary 50' right of way will be deeded to Garden City for 3rd west, 3. The 25' on the north boundary be specified as private access only and the fire hydrants will be put in. Council Member Gray seconded the motion. All in favor and the motion carried.
VOLUNTEER POLICE DEPARTMENT DISCUSSION, Dr. Hunsiker
Dr. Hunsiker explained that he has talked with the Council Members privately on this issue. He said that he is new to the community and is open to any questions that the Council has. He explained some of the problems associated with this and said that it is a good idea to have a police force in Garden City. One of the difficulties is that it requires a certification. He explained that there are different ways to handle that, one would be to go to the academy. He is qualified as a firearm instructor. He said that is the worse case, that someone have to go to the academy. He said that would cost the Town money for him to go to POST. He said that he wouldn’t mind volunteering his time. He said that he believes that the director of the POST can give a waiver for attendance at the academy as long as he passes the written test, passes a physical and the firearm test. That would be the best case scenario, to just have to pass the tests without having to attend the academy.
Dr. Hunsiker said that there is such a thing as a Special Function Officer. Council Member Gray said that a Special Function Officer still has to go to POST. He went to POST as a Special Function Officer and it is half of the training.
Mr. Hunsiker said that we need to get the commitment and involvement of the community, the Council, and the Mayor if we are going to pursue this. He said that he is going to go to the business community and ask them to contribute to this police department, not as a tax but as a special fee. The Town would also need to commit funds to this program.
Dr. Hunsiker asked if the Council would like him to pursue this project. He said that he would keep the Council informed on his progress. Dr. Hunsiker has met with one of the County Commissioners and they are generally in support of this project.
Dr. Hunsiker said that if we as a Council and as a Town want this to work then we will make it work. If we don’t want it to work then any small thing will stop it. He said that there will be some cost and some difficulties that would require us to personally deal with. He just wants the Town to say if they are in-favor of pursuing this project or not.
Mayor Hansen said that he spoke with the director from POST and they will need to satisfy that question of someone needing to be POST certified. That is especially necessary for insurance purposes. Dr. Hunsiker agreed that we need to take care of that but he still feels that is doable to get him POST certified.
Council Member Satterthwaite said that it is an admirable effort. If it is doable, the first hurdle is that it is not just him that must be POST certified it would be anyone that serves on that police force. Council Member Seiler said that she wants to see a step by step process of what this would take. Dr. Hunsiker said that he had something prepared but he felt like it was premature because he needs to find out about being POST certified first. Council Member Seiler wants to see the steps, estimated cost to the Town and the commitment from the business community. Mr. Hunsiker said that he could give some boundary conditions for the cost and the time limit. He first needs to find out the requirements that he would need to take care of.
Dr. Hunsiker said that he discussed this with the members of the Chamber of Commerce and they were mostly in-favor of it, all but Bryce Nelson, who is the director of Homeland Security.
Mayor Hansen said that he needs the information from the post.
Council Member Gray said that he supports the idea and it is not unusual. However, things have changed a lot in the last few years. He would not support a police force of any kind without some type of POST certification. He wants someone that has gone through the training backing him up in a situation. He explained that this is one way to support the need of having a police force in Garden City. Council Member Gray gave some ideas on how to get our own police force. Dr. Hunsiker said that he would explore all of the options and give the Council a report.
RESOLUTION DISCUSSION AND APPROVAL
The Council agreed to move to item 12 F on the agenda.
Resolution #R06-09, A Resolution for authorization of a bond anticipation note for a water treatment plant in the amount of $254,000
Mr. Eric Johnson is the Bond Council for the $254,000 bond. He explained the reason and need for Bond Council and that it is a state law. He is basically a specialist to say that we did the process right, and also to help through the process of incurring debt.
This bond is for some up-front money to help with the design of the treatment plant. They have asked that the up-front money be documented with an anticipated note, bond. We will take out a long term loan later.
Mr. Johnson went over the note resolution. The funds will be good for 2 years, this needs to be changed in the document which states 3 years. The bond resolution is in effect today and the certificate goes into effect on the 19th with closing.
Council Member Gray made the motion to accept the documents as presented for signature, and to approve Resolution #R06-09. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
The Town Attorney will need to sign an opinion letter in conjunction with this bond. Mr. Johnson will get with him to see how comfortable he is with that.
The Council agreed to move onto the Budget Discussion.
BUDGET APPROVAL/DISCUSSION, JULY 1, 2006 - JUNE 30, 2006
The Council reviewed the proposed budget. Mayor Hansen asked for approval from the Council to get Mr. Linford working on the new water rate schedule so we can get that implemented and online so we have money in reserve to make the first water bond payment. The Council agreed.
The Council went through all funds line by line.
Mayor Hansen said that he spoke with Frehner Construction and they will start on 3rd west later this summer but they are committed to get it done.
Council Member Leonhardt made the motion to accept the Budget for fiscal year July 1, 2006 - June 30, 2007. Council Member Gray seconded the motion. All in favor and the motion carried.
The Council agreed to move to agenda item #14-e.
Mr. Dave Swainston explained that he spoke with Frehner Construction regarding their engine brakes. He stated that they are very noisy coming down the canyon. He faxed a letter to the owner of the truck fleet and the owner said that he wouldn’t fix the trucks, it’s too costly. Mr. Swainston’s concern is the longer term noise pollution. It is his opinion that some of the drivers want to make as much noise as they possibly can. He explained that most communities deal with the noisy trucks in different ways.
Mayor Hansen said that we don’t have a sign for noise restrictions because of the safety issues with the breaks and the possibility of losing a truck because the breaks go out. Mr. Swainston said that he is not talking about them using the engine breaks, he is talking about them not having any mufflers. He discussed the grandfather clause. He said that he is not sure what grandfather has to do with reasonableness.
Mr. Swainston said that the new trucks are not bad and they are tolerable. It is the guys that want to be heard that is the problem.
Mayor Hansen said that we just don’t have the presence of the highway patrolman to help with this issue.
Mr. Swainston said that to keep this Town more desirable we need to consider a noise ordinance. Council Member Satterthwaite said that we can commit to looking at a noise ordinance. Mayor Hansen said that once that is done we will look at putting up some signs.
Appointment of New Board of Adjustments
Mayor Hansen explained that he has talked with Mr. Mark Hislop and he has agreed to serve in the capacity of a Board of Adjustments Member.
Council Member Gray made the motion to accept the appointment of Mark Hislop to the Board of Adjustments. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
New Library Discussion
Mayor Hansen said that at the end of this year we should have close to $400,000 in the Resort Fund to go towards the new building. Mayor Hansen suggested that we start having public hearings and start the process for the construction of a new library. We need to get started before we have to give the money back to the CDBG. We will schedule a public hearing for the next Town Council meeting.
Pre-payment of Water Connections
Mayor Hansen said that his opinion is that if the property owners want the service they need to pay for the service. Council Member Satterthwaite suggested that we start charging them, all of them. Mayor Hansen said that were we are entering into a new in-debtedness we need to charge them. The Council all agreed to charge everybody and treat them all the same. We will send them all a letter, give them the option to pay the quarterly assessment or turn in the connection for payment, of what they paid or at current rate. If they decide to turn in their water connection and they are not in the 4 subdivisions outside the Town limits they will not get a connection without a transfer of shares.
Priorities and Goals
The Council Members went over the list of goals by Council Member Satterthwaite and they agreed with her list of goals. The Council felt that the water needs to be priority #1 and then renumber the rest of the list. Council Member Gray suggested that we move the personnel policy up on this list. We need to change #6 and #4. Council Member Seiler asked who would take the lead in completing some of these issues. Mayor Hansen said that he wants the Council to be in-charge of the water as a whole.
Suggestion from the Town Attorney to require a Title Search for a new subdivision
Mayor Hansen explained that the Town Attorney suggested that we get a title report with any new subdivision application. That needs to be done by an ordinance.
Findings from the Board of Equalization Assessment Hearings
Mayor Hansen explained that we only had one person come to the meetings and he just wanted information.
Leasing Town property
Mayor Hansen explained that Mr. Bill Cox would like to cut the hay off the property that we just purchased that is north of Buttercup Subdivision. It would help keep the property cleaned up. We need to do a letter of understanding of what we want and stating that the Town is not responsible or liable for anything.
BUILDING INSPECTOR REPORT, John Abraham
Mr. Abraham passed out his report of building permits issued for the Town. Mayor Hansen requested a report with the county information for comparison purposes.
Mr. Abraham has his electrical and building certifications. He needs to take the plumbing and heating. Mr. Cannon has his plumbing and heating certificates and will work on getting his building certificate next.
Ordinance #06-17, 06-18, 06-19, 06-20, 06-21, 06-22 and 06-23, All Zoning ordinances just changing the designation from Daycare/Preschool to Home Occupation Daycare/Preschool or Daycare/Preschool Center
Council Member Satterthwaite moved to approve ordinances #06- 17 through 06-23, which just change the designation from Daycare/Preschool to Home Occupation Daycare/Preschool or Daycare/Preschool Center. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #06-14, An Ordinance making changes to the Business License Application Process
This ordinance has the changes added from last month.
Council Member Gray made the motion to accept Ordinance #06-14, Changes to the Business License application process. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Council Member Gray said that he will bring a report each month to the Council. The report will have everything that he has approved.
Ordinance #06-15, An Ordinance Establishing Guidelines for Collecting a Building Permit Deposit.
Mayor Hansen explained that we had a discussion with the Town Attorney and he said that we could collect this type of deposit as long as we have an ordinance allowing it. Council Member Satterthwaite said that if we can’t bring property owners into compliance any other way then this is a good thing. Mayor Hansen said that people feel that it is a real burden. Council Member Seiler asked if the Town is still liable if the property owner doesn’t get the final inspection. Mayor Hansen said that we need to find that out. Maybe we need to have them sign a disclaimer that will indemnify the Town if they move in before they get their Certificate of Occupancy. We need to have it drawn up by someone that has legal knowledge. The Council agreed that we should just do the legal contract and see how that works.
Ordinance #06-24, An Ordinance to Update the Mileage Reimbursement
Council Member Satterthwaite moved to approve Ordinance #06-24. Council Member Gray seconded the motion. All in favor and the motion carried.
Beer License Ordinance Discussion
Council Member Satterthwaite explained the process of getting a beer license. She explained some of the concerns with beer handling, permits and off-premise licenses. We will put this ordinance in final form and send it to the attorney for review.
Resolution #R06-05, A Resolution Establishing the Garden City Building Permit Deposit Amount
This resolution is a null issue.
Resolution #R06-05, Utah Local Governments Trust Interlocal Agreement
Council Member Satterthwaite moved to approve Resolution #R06-05 upon sending it to Attorney Marteneau and getting his approval. Council Member Seiler seconded the motion. All in favor and the motion carried.
Resolution #R06-06, A Resolution to Update the Water Impact Fees for Garden City
These figures are proportionate to the original impact fees. This is only for the line that the meter goes into. The Council agreed to have Mr. Jason Linford look over these figures and give his opinion.
Resolution #R06-07, A Resolution to Set an amount for the Mileage Reimbursement
Council Member Satterthwaite said that she has drafted a form that each person requesting reimbursement must fill out and sign.
Council Member Gray made the motion to accept Resolution #R06-07, Mileage Reimbursement Amount. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Resolution #R06-08, A Resolution to set the Rate Structure for Business License Applications
Council Member Satterthwaite moved to approve Resolution #R06-08 with the changes discussed. Council Member Gray seconded the motion. All in favor and the motion carried.
COUNCIL MEMBER REPORTS
Council Member Gray explained that we will be holding back on the building and other park improvements for the time being. This is because we are trying to determine where we are going to build the Town Offices/Library. Mr. Gloyd Sprouse will open and close the park again this year.
Council Member Seiler said that we had an agreement with LeGrand Johnson to erect a fence along their property line. Mayor Hansen said that the agreement was a barbed wire fence. He is okay with that type of a fence for right now. He said that he would go with a net and 2 barbs on the top. Johnson’s have been very willing to work with us.
Council Member Seiler said that the ditch along 300 west was buried and we need to put in a culvert. We need to get some water laterals in before the road gets done. Mayor Hansen will try to get gravel from Frehners in exchange for the water that they used.
Council Member Seiler said that there are businesses selling a lot of things outside. Pugstone’s also has a lot of merchandise outside. Council Member Gray said that we need to draft a letter and send it to everyone. Mayor Hansen suggested that we look at it from a safety point of view. Council Member Gray said that we need to step back and ask why do we want to be so restrictive and a good determination is for safety reasons. Council Member Gray asked what is the state code. We need to decide what is expected and what is allowable. If it is a safety concern who will determine what that is. Mayor Hansen said if you try to regulate every safety issue then where will it end. We need to give this more thought and re-address it next month.
Council Member Seiler said that KOA bought a house in the Bear Lake Meadows Subdivision and they are housing their employees there. There are also 4-wheelers going in and out of the subdivision. Council Member Gray said that the 4-wheelers have been stopped for violations. The Council asked what the problem is of having them house the employees. If it is a specific problem then the Council will address that but just having them stay there is not an issue. The 4-wheelers are a problem and Council Member Gray will check on that again.
Council Member Seiler asked about the performance of our employees.
Council Member Seiler made the motion to go into executive session at 1:20 a.m. Council Member Gray seconded the motion. All in favor and the motion carried.
Council Member Gray made the motion to return to regular session at 1:35 a.m. Council Member Seiler seconded the motion. All in favor and the motion carried.
RETURN TO MISCELLANEOUS ITEMS
Council Member Gray said that they are still trying to contact Mr. Dave Bessinger to resolve the issues of having the trailhead in Hodges Canyon. It may fall through because of that. The road is right on Bessinger’s piece of property so there is no legal access.
Council Member Satterthwaite said that we need to change the ordinance stating the way we conduct our meeting or we need to change the order of the way we conduct the meeting.
APPROVAL OF PAYMENT VOUCHERS
Council Member Satterthwaite moved to approve the payment vouchers as presented. Council Member Seiler seconded the motion. All in favor and the motion carried.
APPROVAL OF MINUTES
Special Town Council meeting held on May 15, 2006
Council Member Satterthwaite moved to approve the minutes of the special Town Council meeting held on May 15, 2006 with the changes. Council Member Seiler seconded the motion. All in favor and the motion carried.
Special Town Council Meeting held on May 16, 2006
Council Member Seiler moved to approve the minutes of the special Town Council meeting held on May 16, 2006 with the changes made to said minutes. Council Member Gray seconded the motion. All in favor and the motion carried.
Special Town Council Meeting held on May 17, 2006
Council Member Seiler moved to approve the minutes of the special Town Council Meeting held on May 17, 2006 with the changes made to said minutes. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Special Town Council Meeting held on May 17, 2006, to approve Resolution #06-??
Council Member Seiler made the motion to approve the minutes of the special Town Council Meeting held on May 17, 2006, to approve Resolution #R06-?? with the changes made to said minutes. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
There being no further business to be discussed by the Council, Council Member Satterthwaite made the motion to adjourn the meeting at 1:45 a.m.
Kenneth Hansen, Mayor