Meeting Minutes July 2006
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on July 13, 2006 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 7:00 p.m.
Roll call of Council Members Present:
Kenneth Hansen, Mayor
Brian House was later appointed and sworn in as a Council Member.
Kathy Hislop Ted Wilson
Jason Linford Frank Smith
Travis Hobbs Gerald Hunsiker
Ralph Cannon Jim Schnetzer
John Abraham Norm Mecham
Fran Morgan Greg Diven
Brian House Leslie Garaycochea
Tom Weston John Alter
Kathy Harrison Scott Gough
Jay Harrison William Gough
Debbie Forakis Karlene Ashworth
Gary Forakis Gene Ashworth
Merle Sprouse Mark Stringham
Mayor Hansen welcomed everyone to the meeting.
RESIGNATION OF COUNCIL MEMBER LEONHARDT
Mayor Hansen explained that we have received the resignation of Council Member Leonhardt. He did a good job for the community and we will miss him.
Council Member Gray made the motion to accept the letter of resignation from Mike Leonhardt. Council Member Seiler seconded the motion. All in favor and the motion carried.
APPOINTMENT OF NEW COUNCIL MEMBER
Because of the vacancy on the Town Council we have published the position for candidates to apply. We have received 3 Declaration of Candidacies from Brian House, Fran Morgan-Thomas and Scott Tolentino. Mayor Hansen invited the candidates to address the Council.
Ms. Morgan-Thomas said that she would like to become more involved in the community and do community service. She explained her background which includes a business in Logan. She has one client in Garden City and two in Logan She has worked with Governor Bangerter on a committee for child and spouse abuse. She has been an election judge in Logan. She said that she has not previously served on a Town Board but she has time to work with the Town and would like to serve on the Town Council.
Mr. House explained that he has been on the Garden City Planning & Zoning Commission for 15 years, of which he has been the Chairman for 10 years. He has lived in the valley almost 20 years. He feels that the community has a lot of things going on with the building and the growth, and there are a lot of issues to deal with. Council Member Satterthwaite said that she has been impressed with his knowledge and how he conducts a meeting. Mr. House said that a few people in the community asked him to run for this position. He does enjoy his position on the Planning & Zoning Commission. Mr. House said that he feels that the most pressing issues right now are growth, open space, agricultural use of the valley, recreational uses, forest service, beach access and private property access.
Ms. Morgan-Thompson said that there is room to grow and learn. Development seems to be very important. They are very important issues and need to be handled in a sensitive manner.
Mr. Tolentino was not able to attend this meeting because of a prior appointment so he prepared a letter for the Council to read. Mayor Hansen said that Mr. Tolentino is a fine individual and has served Garden City for a long time.
Mayor Hansen said that he would entertain a motion or directive from the Council as to how they want to proceed at this point.
Council Member Gray made the motion to appoint Brian House to the Town Council. Council Member Satterthwaite seconded the motion. No further Discussion. All in favor and the motion carried.
Mr. House was sworn in as the new Town Council Member.
APPROVAL OF MINUTES
May 11, 2006, Town Council meeting, Public Hearing
Council Member Satterthwaite made the motion to approve the minutes of the Public Hearing held on May 11, 2006 as presented. Council Member Seiler seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
May 11, 2006 Town Council meeting.
Council Member Satterthwaite made the motion to approve the minutes of the Town Council Meeting held on May 11, 2006 with the corrections submitted by Council Member Satterthwaite. Council Member Gray seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
May 11, 2006 Executive Session to discuss property purchase for the, water treatment plant
Council Member Satterthwaite made the motion to approve the minutes of the Executive Session held on May 11, 2006 as written. Council Member Seiler seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
June 8, 2006 Public Hearing to discuss the Budget
Council Member Gray made the motion to accept the minutes of the Public Hearing held on June 8, 2006 as written. Council Member Seiler seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
June 8, 2006 Town Council Meeting
Council Member Satterthwaite made the motion to approve the minutes of the Town Council Meeting with the changes submitted by Council Member Satterthwaite. Council Member Seiler seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
June 21, 2006 Town Council Public Hearing
Council Member Satterthwaite made the motion to approve the minutes of the Town Council Public Hearing as published. Council Member Gray seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
June 21, 2006 Town Council meeting, Special meeting
Council Member Satterthwaite made the motion to approve the minutes of the special Town Council Meeting as written. Council Member Seiler seconded the motion. Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, for; Council Member House, abstained because he did not attend the meeting. Motion carried.
BUSINESS LICENSE DISCUSSION/ APPROVAL
G&G Cabinets & Closets, William Gough and Scott Gough
Mr. Scott Gough is translating for Mr. William Gough who is deaf. Mr. Gough explained that they would like to start a cabinet shop. They have 8 years of experience doing cabinets. Mayor Hansen said that there is a need for that type of business here right now. Mr. Scott Gough will be doing the phone/office work at 900 N. BL Blvd, where his business is located. They will be doing the cabinet business and manufacturing of the cabinets at the storage units on Kimball Lane. Council Member House said that the addresses need to be corrected on the application. Mr. Gough said that they will not have a show room, just the manufacturing shop with a few samples, they will have to go to the shop to see the samples. The contacts will be done over the phone. In the future they would like to have a show room and also their own manufacturing building. They do have their sales tax number and the state license.
They are renting the storage unit so they will need a letter from the owner of the building allowing them to conduct business there.
Council Member Gray made the motion to approve the business license for G&G Cabinets & Closets with the stipulations that they provide the Utah state tax number, the professional license and the letter from the property owner. The Building Inspector needs to make sure the building in okay to do the business. Council Member House seconded the motion. All in favor and the motion carried. They also need the correct addresses for the locations.
Discussion for Commercial Development, Greg Diven
Mr. Diven explained that he does property development/management and he would like to pursue the possibility of developing property across the street from the town office. He would like some direction from the Council. The parcel of property that he would like to develop is 4.29 acres, which is 3 of the parcels in that subdivision. He does have the property under contract right now. He would like to put in a grocery store as the anchor with a few small retail spaces. They may want to build a restaurant at a later time.
They have done some research to determine what is needed in this area. Mr. Diven explained that he does have a conceptual plan and he has talked to an owner of a grocery store that is very interested in the project. Mr. Diven would like to get something started right away so a good portion of the project would be completed before winter. He would then finish the project next spring. He wants to do something that will really add to the community and keep the business here in town. This project would also increase the value of the community.
Council Member Gray said that he reviewed the minutes of the meeting when that subdivision was approved and 2nd west was discussed as an access to that property. Mayor Hansen said that we discussed that at length during the meeting and we decided that we didn’t have that in the General Plan so it was not a requirement for this subdivision. The Council discussed 2nd west. Mayor Hansen said that we talked about doing corridors running east and west. Mr. Diven said that they do plan on entering the property off Hwy 89.
Mr. Jason Linford said that 2nd west was put on the map to show where it would go, but it is not on the General Plan. Anything that would divert from the Master plan would have to be approved by the Planning & Zoning Commission.
Council Member Seiler explained that we did have another developer come in a couple months ago to discuss a grocery store in the same area of town. It was the same type of development.
Ms. Garaycochea said that they met with a grocery store owner and he is very interested in coming into the community. They really want to work with the community, school programs and other businesses in the community. There could be some real benefits for the community.
Mayor Hansen said that we could really use a bank.
Mr. Diven said that he is meeting with Associated Foods and with the owner of the store. The owner of the store is from Eden, Valley Grocery Store. The building will be 1300 - 1400 sq ft.
Mr. Diven asked about the easement along the state highway, a road and access easement that was approved with the subdivision plan. Mr. Linford explained that it is there because there is an irrigation ditch. Mr. Linford also explained the UDOT access requirements for the property. The requirements from UDOT may be fairly extensive. Mr. Diven said that he will contact UDOT to work through any problems.
Mayor Hansen explained that we do have architectural standards that he will have to follow. Mr. Diven said that it will be a cabin look.
CONDITIONAL USE PERMIT AMENDMENT
JK Storage, (Previously approved at MJ Storage) Jay Harrison
Mr. Harrison explained that they own the storage sheds on Christa Circle in Foothill Estates. He is asking to have the configuration changed from what was approved previously. He has been working with a builder that could build the new storage sheds. The original conditional use permit was approved for 42 more units but he just wants to put in 33 additional units. He has paid for a water hook up so he can do the landscaping that was required.
Mayor Hansen read through the requirements from the Planning & Zoning Commission.
Mr. Harrison showed the configuration of what was approved originally and the new layout. It will all be within the fenced area that is already there.
Council Member House said that the change in the 10% landscaping is to make it look better. Landscaping will be toward the highway and toward the road in the subdivision.
Council Member Seiler said that the note from the Planning & Zoning Commission states that the storm water retention needs to be resolved. Mayor Hansen said that there is run off that will need to be retained on the property. The storm run off plans will need to be drawn by Mr. Harrison’s engineer and approved by our engineer. Mr. Harrison said that he will comply with what the Council will require.
Mayor Hansen said that the real issue to deal with is that we need to have everything taken care of that the Planning & Zoning Commission required. The approval needs to be conditioned upon resolving the storm water retention that will be approved by Mr. Linford.
Council Member House made the motion to accept the conditional use permit amendment for JK Storage, with the conditions that were set by the Planning & Zoning Commission. Mr. Harrison will also provide a stamped set of plans to the Town and to the Town Engineer. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
NEW PUBLIC WORKS EMPLOYEE
Mayor Hansen introduced Mr. Travis Hobbs as the new Public Works employee. Mr. Hobbs explained his background and what he has done for Hyrum City.
SWAN SPRING CULINARY WATER TREATMENT PLANT UPDATE, Jason Linford
Mr. Linford explained that we did get the funding package that we were trying to get with the State and with Rural Development Administration (RDA) for the treatment plant. We are still waiting for the survey of the property, which should be done by the middle of next week. Once the survey is completed Sunrise can finish the new site design. They have sent the preliminary design to RDA and they have a few comments. Mr. Linford feels that we can send this out for bid by the first of September.
Mr. Linford passed out the request from Pall Corp, who is the supplier for the treatment plant equipment. We approved them and gave them an original time plan for the construction of the treatment plant. They are concerned now because of the delays. They want a letter stating that we are still planning on going forward with the project and that we authorize them to go ahead and begin the construction of the equipment. Mr. Linford has discussed this with RDA and they have a few minor concerns. Mr. Linford will review the letter of concerns with Mayor Hansen before this letter is signed. Mr. Linford said that Pall is a good company to work with and they have been in a state of limbo to this point.
Mr. Linford has worked with Utah Power and they said that we can run the power either overhead or underground. It will be about the same cost but we have to do all the work. Mr. Linford said that putting the power in the ground in that area would be a very arduous task. He will probably recommend going with the overhead power. The one stipulations is to get a legal right of way to put the power through. Mayor Hansen said that there should be a legal right of way. Ms. Marilyn Adams, from Hickman Title, has looked at the plats and that right doesn’t show on any of the plats. Mayor Hansen said that we will have to work with all the private property owners right from the bottom and all the way up to get the easements.
Mayor Hansen said that another issue is the trees. We have to provide approximately 6' of open area for the power lines.
Mr. Linford said that we have budgeted $150,000 for the 3 phase power. The price from UP&L would be $60,000 - $80,000 for the lines. So we will have some funds to work with for our part of the work. All the poles will have to be replaced because they aren’t big enough to carry the 3 phase power.
Mr. Linford said that his opinion is that he would prefer a buried line but it would be too costly because of the rocky groung. Council Member Satterthwaite asked if the cost could be shared with any of the property owners that may develop in that area. Mayor Hansen said that it is pretty limited for development right now and they wouldn’t require 3 phase for development.
Council Member Satterthwaite asked about the security issues of the plant, could it be terrorized or sabotaged, would there be immediate notice to someone if there was a problem. Mr. Linford said that there will be a fence around the property and we can put in cameras. There is also a telemetry system that will notify the Public Works employee. Mr. Linford will check on additional costs for a camera or an ADT system. Mayor Hansen said that we may want to contract with a company to handle the security.
We will eventually need to have an additional certified operator. The additional person may not need to be full time.
Council Member Seiler moved to accept the letter from Doug Madsen, the Construction Administrator for the Pall Corp., and we will draft a letter back authorizing them to begin the construction of the equipment for the water treatment plant. We also authorize the Mayor to sign the letter. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
The Council agreed to go ahead with Mr. Jeff Hansen to work on the right-of-ways for the power.
TRANSFER/EXCHANGE OF WATER SHARES DISCUSSION
Mark Stringham Subdivision
Mr. Stringham explained that they are proceeding with the subdivision that is north of the Town. They did want to annex but that is not feasible at this time. They want to subdivide into 4 lots and they currently have one water connection, so they need 3 additional connections. They do have 5 shares in the Swan Creek Canal that they are willing to negotiate for these 3 lots.
Council Member Satterthwaite said that this is outside the town limits. We earlier stated that we are not selling water shares outside the town limits. Mayor Hansen said that it was just discussion but we don’t transfer water connections unless they transfer water shares to the Town.
Mr. Stringham said that they do have a preliminary plat that has been approved by the county Planning & Zoning Commission.
Mr. Linford said that on a 3/4 acre lot they must transfer 1.1 share per lot. A 1 acre lot would be a 1.44 share per lot. The two lower lots are just less than 1 acre and the two upper lots are 1.7 and 1.8 acres. The water shares are in Mr. Stringham’s name. Mr. Linford will do the exact math on what he would need to transfer.
Council Member Satterthwaite feels the same as she did before, that our approval must be contingent upon the fact that these can be conveyed. Mayor Hansen said that the canal company does own the right and the Town has the use of the share. Mr. Linford explained that where everything is taken from the same source the water rights specialist said that it is not important to transfer the point of diversion, we just need to take it down the pipeline instead of in the canal. If you convert the water shares from culinary then the carrier water comes more into play, if you leave them in the canal and just get a point of conversion change then you can use more of the water because that part of calculation doesn’t come into play. You can do it either way as long as the canal company agrees that you can use it either here or there, they have to be the one’s to say you can use it in the canal or the culinary pipes. We would also need approval from the state. Mayor Hansen said that we would need a certificate signed and turned over to the Town and also a letter from the canal company approving this transfer.
Mr. Stringham discussed the lines and how he would connect to the system. He said that the Town has 1 line maybe 2 that goes through this property and they are willing to leave the lines there. Mayor Hansen said that the line that feeds the house on this property does come off the main line in the road.
Council Member Gray made the motion to accept the transfer in the proper amount based on Mr. Linford’s calculations, it includes the easement for the existing lines and that Mr. Stringham provide a letter from the canal companies approving this transfer. Mayor Hansen asked what Mr. Stringham felt the cities responsibility would be in the subdivision. Mr. Stringham said that he feels that they would still need to purchase a connection for each lot. Mayor Hansen said that if we are responsible to maintain the lines in the subdivision then we need to have an easement for the utility lines. Motion died for lack of second.
Council Member Gray made the motion to accept the water transfer with a letter from the canal company and a right of way granting an easement for the existing lines as well as the new lines and the calculations that Mr. Linford provide are absolutely accurate for the transfer. Council Member House seconded the motion. Council Member Seiler, for; Council Member Gray, For; Council Member House, for; Council Member Satterthwaite, opposed. Motion carried.
Robert Stathum Development
Mr. Stathum is not in attendance so we can’t take any action with this project at this time.
Balsamorhiza, Norm Mecham
Mr. Mecham explained that we discussed the conversion of water rights for his project last month. The one water right was converted over to the Town and his engineer has started with the other conversion. Mr. Ken Tuttle sent a letter that said that he is okay with the calculations but he does have a few minor concerns and Mr. Mecham is working with him to resolve those concerns. Mr. Mecham did come to an agreement with Mr. Ken Tuttle of the absolute minimum amount that they could deal with at this point. He feels that the 442 acre feet is a good amount from the 1 cfs. He also said that his attorney could do the paperwork for the Town to get the transfers completed and also try to re-instate the lapsed water right. We still need to get the extension done. Mr. Mecham said that he will pay to see if they can get the lapsed right resolved.
Mayor Hansen said that municipalities have a better chance to get the lapsed right re-instated. It is in our best interest to work with Mr. Mecham to get that finished.
The intention all along for this one right was to turn it over to the Town. It was part of the Washaki Development that went bankrupt many years ago.
Council Member Satterthwaite said that the whole Town needs to know more about the water and the transfers because in the past they have not been handled correctly, they have not come across to the Town. The right that we are discussing is a well right so we can do a point of diversion change to the site where we did the test well. That is the recommendation of Mr. Tuttle. Ground water is just considered ground water and it is basin wide. Mr. Linford said that we could look at drilling a new well and put it directly into the treatment plant. Mayor Hansen said that Mr. Mecham needs to handle this and then bring us the right ready to use. Mr. Mecham said that the Town has an obligation to provide him water according to the agreement that was signed. He is willing to help the Town accomplish what needs to be accomplished.
Council Member Satterthwaite said that what was promised in the agreement didn’t happen. Mr. Mecham said that he did his part of the agreement. The agreement said that he is to transfer the rights to the Town and then the Town has the right to complete the transfer. Mr. Mecham said that this calculation is just based on the one right that is not yet lapsed, we need to take the lapsed right out of the equation. He can still work on getting the lapsed right re-instated. He is willing to transfer the right to the Town for what he wants to develop. He is also willing to work on getting the lapsed right re-instated. The one right has been transferred into the Towns name.
Mr. Mecham said that the extension has not been filed but he is willing to use his attorney to get the extension filed. He is also working with Mr. Tuttle on the transfer and the extension. We do have the deed for the transfer. Mr. Tuttle wants some of the wording on the deed changed so he will take care of that and have it recorded tomorrow.
Mr. Linford said that we currently have enough water rights but eventually we will run out.
The main line is to the Chevron but it will be the developer’s responsibility to extend it to his development
Mr. Mecham would like to know that he currently has enough water to transfer for the 442 acre feet and he will work to get the right extension and also work on the lapsed right. They are two separate issues. The first issue is to do the extension before August then he will work on the lapsed right. Council Member Satterthwaite said that the right was lapsed in 1998 and the agreement with the town in 2000. Mr. Mecham said that the extension has been filed. The transfer is done but conditioned upon the extension.
Mr. Linford said that he is okay with the letter from Mr. Tuttle calculating the water connections for Balzamorhiza. The original plan included a lodge, a restaurant and 700 residential units. Right now he can live with the 442 acre feet, which everything will be taken out of. This is for a maximum of 590 ERU’s.
Fire protection is not included in these calculations, it would have to be calculated in a tank. That will have to be figured when they submit the plans for the development.
Council Member Satterthwaite asked how we will protect the shares that we have now that have not come over completely. Mayor Hansen said that the only water shares that we have now have came over as certificates from the canal companies. They are still in the canal, they have not been transferred out of the canal. Mayor Hansen said that there is a real difference from converting them to culinary use other than leaving them in the canal.
Council Member Satterthwaite said that we need to be careful not to allow the rights to be taken because we are not using them correctly. Mayor Hansen said that we have to show use once every 5 years. We need to keep them in rotation. Mr. Linford said that we do need to do some work on the Pickleville well.
Council Member Satterthwaite said that she is still uncomfortable with these water right transfers.
Council Member Gray made the motion to accept the letter from our water rights expert Mr. Ken Tuttle allowing Mr. Norm Mecham to move forward with his master plan. Council Member House seconded the motion. Council Member House, for; Council Member Seiler, for; Council Member Gray, for; Council Member Satterthwait, opposed. Motion carried.
PETITION TO ANNEX CERTAIN REAL PROPERTY, DISCUSSION/APPROVAL
The property is located on the south side of Hodges Canyon Road. 4.11 acres of the parcel is already within the Garden City Town Council. The request is to annex the remaining 12.09 acres into the town limits. This discussion is due to recommendations from the County Commissioners. Parcel #41-33-00-091, 41-33-00-093 and 41-33-00-090. Property owners are Norm Mecham, Randy Mecham and Ray Elliott
This discussion is due to the recommendation of the County Commissioners. Mr. Mecham previously requested annexation of the property just south of Hodges Canyon Road. The property to the north of Hodges Canyon Road is already annexed into the Garden City Town limits. Therefore, the County Commissioners would like Garden City to annex Hodges Canyon Road to the end of Cherimoya Subdivision because the property on either side of the road will be in the Town limits. Mr. Mecham has given the Town 60' to expand the road at the bottom of Hodges Canyon Road. That project is in the works right now.
We have verbal approval from Ron Hansen and Wayne Hansen to annex the remainder of their property from the canal to the section line.
Council Member Satterthwaite made the motion to approve the annexation based on having letters from Ron Hansen and Wayne Hansen agreeing to the annexation of their property. Council Member Gray seconded the motion. All in favor and the motion carried.
Mr. Mecham will work on getting the letters from Mr. Ron Hansen and Mr. Wayne Hansen.
Swan Creek Meadow annexation, Robert Stathum
Mr. Stathum is not in attendance so this agenda item is skipped.
BUTTERCUP SUBDIVISION POA
ATV Ordinance to include Buttercup Subdivision
Mr. Jim Schnetzer & Mr. Gene Ashworth are representing the Buttercup Subdivision POA. Mr. Schnetzer said that when the Buttercup SID was discussed they were told that they would be included in the ATV ordinance. He said they were promised by the Town that when 3rd west goes south through Buttercup, Buttercup would be part of the ATV ordinance. They would like a letter from the Town that Buttercup is included with the ATV ordinance that they can distribute to all of the homeowners. Mayor Hansen recommended to the Council that it is okay as long as it connects to 3rd west. Mr. Schnetzer said that with the letter they want to tell the HOA that they can ride ATV’s in the subdivision but when they leave Buttercup they need to trailer them. When 3rd west comes in then they can access out of the subdivision. Mr. Schnetzer said that this was already agreed in previous meetings.
Council Member Gray said that the purpose of the ATV ordinance was to identify the roads that would provide access to and from riding areas, not to provide access for people to ride around Town. That would be the intent for the Buttercup HOA, would be to ride them around Town. Mayor Hansen said that the problem is that the other subdivisions would want the same consideration as what Buttercup is requesting. Mr. Schnetzer said that the Buttercup roads are all private roads right now. Council Member Gray said that none of them are identified in the ordinance.
Council Member Satterthwaite suggested that they are not our roads yet and this may be a premature decision. The paving is not completed yet and we don’t know when they will be turned over to the Town.
Council Member Seiler said that she spoke with Ms. Sharlotte Wride who said that it was part of the agreement. We don’t remember the specifics but it was discussed during a meeting and should be in the minutes. We can look up the minutes and then discuss this during the next meeting.
Buttercup Pump House Water Project
Mayor Hansen said that he will have the Public Works Employee look at the plans and if he is okay with them then we can go to bid on the project.
Letter received from Robert A. Eckhard
The Town Council received a letter from Mr. Eckhard regarding a specific road in Buttercup. This is not a concern of the town, it is a HOA issue. We had all the public hearings and there was ample time for his opposition.
Ordinance #06-15, An Ordinance Establishing Guidelines for Collecting a Building Permit Deposit.
Mr. Cannon has looked at the ordinance and stated that he is not sure that it will prevent occupancy, but he feels that it is a good idea.
Mr. Mark Stringham said that he does not like the building permit deposit. Mayor Hansen asked him what he would suggest that would insure that people have a certificate of occupancy before they occupy a structure. Mr. Stringham said that we would have to do some type of motivation to make it happened. Council Member Gray asked who is the burden on, is it the builder or the Town. Mayor Hansen said that he is sympathetic with this problem but how do we get people to finish their projects. Mr. Cannon said that they have done a great deal of work on this lately. They have found that there are a lot of people that were told that they could move in even though the house was not done. There is not really a problem with 80% of the builders. 90% of the permits are not a problem and will get the certificate of occupancy before they move in but there are others that have been allowed to move in before the house is safe. Mr. Cannon said that they are trying to enforce the certificate of occupancy but there is not an easy solution. Mr. Cannon said that he recommends an incentive of the deposit to get them done, but they can handle it without the deposit if the Council decides that way.
Council Member Satterthwaite said that there are some people that feel that it is the Towns responsibility to enforce it but once they move in it is cost prohibited to allow it. Mr. Cannon said that they are not allowing anyone to move in without the certificate of occupancy but according to state law they can have the sherif move them out if the house is determined unsafe.
Mr. Cannon passed out his report. The town is at $15,000,000 in permit valuation and the county is at $19,000,000.
Council Member House made the motion to pass ordinance #06-15 as written. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Ordinance #06-26, An ordinance to outline requirements for annexation into the Garden City Town Limits.
We have not pre-zoned any property outside the Town limits but this would allow the Planning & Zoning Commission to recommend a pre-zone. There were no concerns from the Planning & Zoning Commission with this ordinance.
Council Member Gray made the motion to accept ordinance #06-26 as written. Council Member House seconded the motion. All in favor and the motion carried.
Ordinance #06-27, An ordinance to outline requirements for subdivisions of not more than four (4) lots.
Council Member Satterthwaite moved to approve ordinance #06-27 with the changes to said ordinance. Council Member House seconded the motion. All in favor and the motion carried.
Ordiannce #06-28, An ordinance to outline requirements for the Conditional Use Permit process for Garden City
Council Member House made the motion to pass ordinance #06-28 as amended. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #06-25, An ordinance updating the requirements to obtain a beer license in Garden City
This ordinance will be put into the proper format so it is consistent with the other ordinances and it will be sent to the attorney.
Ordinance #06-29, An ordinance updating the Municipal Government section of the Garden City Ordinances, Title 300
Council Member Satterthwaite explained the changes to the ordinance. These changes are just to be consistent to State Statute and to be consistent to the way we are conducting our meetings. We also need to do a roll call vote for ordinances and resolutions. The Town Clerk will check with the League of Cities and Towns to determine if this is a requirement.
Also, this ordinance outlines additional duties allowed for Mayor.
Council Member Gray made the motion to approve ordinance #06-29 as written. Council Member House seconded the motion. All in favor and the motion carried.
Discussion regarding Ordinance, Chapter 11E-700, Water Transfers
Mayor Hansen said that the transfers really need some work. We need to have the attorney look at this ordinance and we need to do it soon. The water with developments need to come to the Town with no strings attached. We don’t want the Town to be in the position that we have to give monetarily for water. Council Member Satterthwaite said that her only concern with that is that if we require transfers and take more than a developer thinks is a fair share, then it is an illegal taking. That is true and the policy is to only take what we need to do the development. Mayor Hansen said that his concern is that we don’t want to see the other shares lost if they don’t give all the shares to the Town.
Mayor Hansen said that all the land, below the canal, in Garden City was allocated for irrigation water. So they are actually taking the development part out and they are taking the remaining shares and leasing the shares to someone that already has shares for their ground. The state can come in and say that they are using more water on that land than what they are allocated. How can they justify the extra use of shares? What would happen if the state came in and did an audit of the water shares being used?
We really need to pay attention to our water and protect our water interest. Mayor Hansen said that we have tried to create a conservancy district to protect each others water. Council Member Satterthwaite said that is why it makes sense to form a Water Board for these issues. We need to make sure the water stays here because it is needed here.
We need to have our attorney try to re-write this ordinance. We also need to have the attorney look at Chapter 13A and B.
Resolution #R06-04, A resolution establishing the Garden City Building Permit Deposit Amount
Council Member Satterthwaite made the motion to approve Resolution #R06-04 as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Resolution #R06-06, A resolution to update the water impact fees for Garden City
Council Member Satterthwaite recommends that we accept the resolution as printed, Resolution #R06-06. Council Member Seiler seconded the motion. All in favor and the motion carried.
Resolution #R06-11, A resolution to set a fee amount for annexation petition requests to annex property into the Garden City Town limits
Council Member Satterthwaite moved to approve resolution #R06-11 as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Resolution #R06-12, A resolution of the Town of Garden City, Rich County, Utah, authorizing not more than $5,500,000 of its water revenue bonds, in one or more series to finance drinking water system improvements and retire interim financing; fixing the maximum interest rate, maturity, and discount of the bonds; providing for the publication of a notice of bonds to be issued; and related matters
This resolution was prepared by the Bond Attorney. It is the resolution allowing financing for the Swan Spring water project.
Council Member Satterthwaite moved to approve Resolution #06-12 as prepared. Council Member Seiler seconded the motion. All in favor and the motion carried.
Resolution #R06-14, A resolution to set a fee amount for a Conditional Use Permit Request
Council Member House made the motion to pass Resolution #R06-14 as presented. Council Member Gray seconded the motion. All in favor and the motion carried.
Farewell Speech, Mr. Paul Lamborn
Mr. Paul Lamborn is not in attendance so this agenda item is skipped.
Change of Town Council meeting time.
Mayor Hansen said that we should consider changing the time of the Town Council meetings just because how long they usually last. The Council agreed to start the meetings at 5:00 p.m. beginning in August.
Council Member Gray made the motion to reconsider ordinance #06-29 to include a begin time for the Town Council meetings at 5:00 p.m. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
New Library Discussion
Mayor Hansen said that he felt that the open house went really well. The next step would be to decide were we would like to build it, either at the park or on the new property. Council Member Gray said that he recommends that they build the new building at the park and move the park to the new property, this will utilizing the two tier building with a two tier access. We can still keep a limited park there with the beach access and the boardwalk.
Council Member Satterthwaite agrees with having the park moved and the Town Hall at the current park property. Council Member House agrees with getting the park off the main road. Council Member Seiler said that there was enough citizens that wanted the park to remain where it is that we should try to do what we can to keep a small park there.
Mayor Hansen said that we need to begin to look for someone to do a serious design.
County Noise Ordinance
Mr. Swainston sent a letter for the Council to read regarding the County Noise Ordinance. This is a follow up item from last months meeting. The County has no laws regarding noise but they will enforce signs.
Common Lock & Key Discussion
We have had a request from Mr. Dale Bradley requesting that all gates are on a common lock for emergency purposes. Mayor Hansen said that he feels this is an issue for the Fire Department and the Sheriff Office to resolve. The Council agreed that we forward this to them.
Letter from Postmaster Convention
The Organizer from the Postmaster Convention sent a letter to the Town Council thanking them for their hospitality while they were in Town.
Cache Valley Mushers
We will send this request to the Chamber and also express our support.
TRANSPORTATION MASTER PLAN, Elizabeth Seiler
Council Member Seiler said that they are having a meeting with UDOT on Monday at 10:30.
LTAP will be coming here for a meeting the end of July and they will be giving us ideas for our road system and do the measuring for B&C road funds.
There was more discussion regarding the annexation ordinance and changes that may need to be made. Council Member Satterthwaite made the motion to reconsider the annexation ordinance. Motion died for lack of second.
The Council reviewed the bills and payment vouchers and signed the checks and vouchers.
Council Member Satterthwaite made the motion to accept the payment vouchers and checks as prepared. Council Member Seiler seconded the motion. All in favor and the motion carried.
There being no further discussion the Town Council meeting was adjourned at 11:15 p.m.
Kenneth W. Hansen, Mayor