Meeting Minutes March 2005

The Garden City Town Council held their regular scheduled monthly meeting on March 10, 2005 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
Arlo Price
Larry Gray
Sharlotte Wride
Mike Leonhardt
Others Present:
Kathy Hislop
Randy Erickson
Sharlene Millard
Troy Petersen
Lance Bourne
John Smith
Tracy Smith
Doug Madsen
Steve Bailey
Dirk Bailey
Jack McPhie
Richard Christensen
Steve Hislop
Kent Wangsgard
Nate Ward
Jessica Ward
Ben Negus
Cherie Henderson
Mayor Hansen welcomed everyone to the meeting.
Bear Lake Lodging and Property Management, Jack and Tina McPhie
Mr. McPhie explained that they moved to Bear Lake Valley about 1 year ago. They bought a business from Michael Adams, the lodging at the lobby in Harbor Village. They currently have 28 cabins and condos and they add more each week. They are almost booked through the summer. They would like to make some improvements in Harbor Village.
Most of the cabins that they rent are in Harbor Village, some in Buttercup and a few around the lake. They are just for short term rent. The business is ran from the commercial part of Harbor Village and he has a lease agreement with Dennis Bullock.
The owners maintain the yards. Mr. McPhie cleans the inside of the cabins and does a deep cleaning twice a year. Council Member Gray suggested that they hand out a list of the rules and expectations for the area such as ATV=s, boating, beach rules, etc. That would help so people understand what is expected. Mr. McPhie said that the contract the renters sign is very detailed. They issue parking passes so they can monitor the parking in the Harbor Village area. He said that is part of their responsibility as the property managers. Mayor Hansen would like them to inform their renters that the bike path is definitely closed to ATV=s and any type of motor vehicles, that would be important to get that word out.
Mr. McFee said that they collect transient room tax and sales tax.
Council Member Price made the motion to accept the business license application for Bear Lake Lodging and Property Management. Council Member Gray seconded the motion. All in favor and the motion carried.
AGREEMENT AND COVENANT TO RUN WITH THE LAND, ENCUMBER PROPERTY, Buttercup Farms Subdivision Lot 9 and 10. John & Tracy Smith
Mr. Smith explained that they would like to put a home on lot 9 and a large building with a hobby shop and a garage on lot 10. They want to put both buildings up at the same time. There is 3 structures on lot 10 right now and two of them will be removed, the barn and the shed. They want to refurbish the old granary. There are no structures on lot 9.
There is no homeowners association in Buttercup Farms. There are neighbors on lot 7 and lot 18. The buildings will meet the current setbacks. They don’t want to be too close to the utility easement.
Council Member Wride that she has no problem with what they want to do but she agrees that they need to build the dwelling first or simultaneously with the other building. Once the lots are encumbered and they have the accessory building on the one lot then it can’t be unencumbered unless they put a dwelling on the same lot. Council Member Price said that he has no concerns. Council Member Gray said that he has no concerns.
Council Member Gray made the motion to accept the application to encumber lots 9 and 10 on Stump Hollow Road in Buttercup Farms. Council Member Price seconded the motion. All in favor and the motion carried. Mr. and Mrs. Smith are the legal owners.
Brent McMaster
This request is for a subdivision of 2 lots. This request has gone to the Planning & Zoning Commission and they have approved it with the easement and the wetland issues resolved.
Council Member Price made the motion to accept the application to subdivide the two lots. Council Member Wride seconded the motion. All in favor and the motion carried.
Island annexation
Kathy Hislop explained that we have letters back from some of the property owners agreeing to annex. We still need to work with some of the other property owners because we don’t have enough property owner approval to annex the entire area.
Frank Smith annexation
This annexation is completed and recorded. The property owners were notified and most of them sent letters agreeing to be annexed. SITLA didn’t have any problems with the annexation as long as Ken Barnson agreed to be annexed because he is buying the property. We have a letter from Ken Barnson agreeing to annex.
The council stated that they have been contacted by Mr. Bailey regarding the Hodges Beach access by their cabin. Mayor Hansen explained the right of way that is being discussed. He explained that the property below the access is currently owned by Mr. Mark Hodges. Mr. Hodges has agreed that once a quit claim deed is prepared he will deed a portion of the property below the access to the Town to allow for beach access without crossing any private property. In exchange he is requesting assistance in piping a drain ditch that carries the spring water and the irrigation down towards the lake. He would like the Town to pipe the water from the point where it leaves the pipe on the beach to where the water is now. Mayor Hansen said there may be a problem doing anything on the beach, with the Army Corp of Engineers and also the State Lands and Forestry. We will need to send Mr. Hodges a copy of these minutes. He wants to know if we want to pursue the drain ditch or not. To do our part we need to contact the Army Corp of Engineers and the State Land and Forestry. Council Member Gray stated that he would be willing to contact the Corp of Engineers. We should also contact Mr. Bryce Nielson. We need to tell them that we need a written response asap.
If we can get the property deeded from Mr. Hodges to the Town it will extend the right of way to the high water mark, 5923.65' and allow access to the beach. The deed is being prepared by Rich Land and Title Company. This will not change the access that is there now.
Mayor Hansen stated that he is in no way associated with the Cottage Subdivision project. He has other associations with Mr. Norm Mecham but the Cottages is not one of them.
Council Member Gray said that we need to pursue the easement, it is a valuable access in that area and it would be bad to lose any access around the lake. If we start losing these accesses it will change the value of the area around here. The access is only 20 feet wide.
Council Member Price made the motion to pursue the right of way and check with the appropriate entities regarding the possibility of extending the line for the drain. Council Member Wride seconded the motion. All in favor and the motion carried.
Mayor Hansen stated that even if Mr. Hodges doesn’t get the drain he has made a commitment for the access and the deed.
Mayor Hansen stated that we are still going to have the rest of the accesses in that area surveyed.
Mrs. Sharlotte Wride stated that she is representing the Buttercup HOA not the Council at this time. She stated that the Council asked the HOA to bring in a proposal for the portion of the roads that we will use for 300 west. The HOA is in the process of forming a SID to pave the roads and then dedicate them to the Town. The brunt of the cost will be paid by the HOA. They are requesting some type of compensation because the roads will be dedicated to the Town and the Town will be taking part of the roads for 3rd west. Buttercup BLVD is just over 1 acre. The cost for compensation for the land would be about $40,000. The cost to pave Buttercup BLVD is about $36,000. Also, Buttercup Lane that goes the other direction is partially owned by the Town and already paved. From the white fence west is private. The only other property that we have acquired for roads was Hodges Lane. Kimball Lane didn’t cost us anything.
Mrs. Wride said that they had to change the covenants to give the management committee the right to dedicate any common areas. The Town will be the administrator of the SID. Once the roads are completed and dedicated to the Town the Town will maintain all the roads in Buttercup. Mayor Hansen asked if the Town doesn’t do any compensation would they still be dedicated to the Town. Mrs. Wride said that she couldn’t answer that. This will be a benefit to the Town financially because of the B&C road funds.
Many of the property owners still want to ride their ATV=s and snowmobiles in the subdivision. Council Member Gray said that he can see that as an acceptable thoroughfare.
Mrs. Wride said that they are going to finish the roads, culverts, and the drainage.
The Council will think about the proposal and Mrs. Wride will put some figures together and it will be on the agenda next month.
Mayor Hansen explained that the turbidity is running low right now. It is way lower than the maximum. He showed the test from the state, which shows everything was 0 and passed the test. There is absolutely nothing in the water. So far so good, but we will see what happens in a few months with the run off. Mr. Andersen is doing a good job keeping everything up to date.
This is a requirement of the CDBG. We need to pass this resolution in order to receive the grant.
Council Member Price made the motion to approve resolution #R05-05 - Anti-Displacement and Relocation Assistance and Certification. Council Member Wride seconded the motion. All in favor and the motion carried.
Mayor Hansen explained that Mr. Troy Petersen wants to construct a metal building in Foothill Estates. One suggestion was to change the commercial section of Foothill Estates to a manufacturing zone. Planning & Zoning Commission Member Bourne stated that he talked to 5 of the property owners in Foothill Estates and the are not opposed to changing the zone to manufacturing but they want some restrictions. Mr. Jon White was the only one concerned with changing the zone and then having the property sold.
Another suggestion was to amend the Architectural Standards Ordinance. There is at least one member of the Planning & Zoning Commission that feels that the architectural standards need to apply to manufacturing and industrial. Mayor Hansen said that he views commercial different than manufacturing and industrial. It is hard to find a place in our community to put a metal building that won’t be a detriment to the area. There are businesses now that want to put in a metal building so they can store their equipment and work on them. He feels that the uses are different. It is not like they are a restaurant that people are going in and out of. Mayor Hansen said that one of the problems that we have is after these decisions are made and people have plans they come to the Town and then we need to make a fast decision, but when that happens we don’t always make the best decision. We need to make a good decision so that this doesn’t come back again in the future.
All the buildings in that area are the same type that Mr. Petersen wants to construct. Why are we requiring him to do something different than what is already there? We did contact the attorney and he said that we could do a stay of enforcement of the ordinance by moratorium for a short time in order to fix the ordinance. He would like to look at the ordinance first before he gave a definite decision. Mayor Hansen said that way we could work on the ordinance for 30 days but it would have to have very strict requirements. Council Member Gray said that we need to be flexible and willing to change with the times as things come up. He stated that the building they are proposing would be a perfect fit for that area. But we need to make sure that we make any changes for the right reason. It can’t be because we like Mr. Petersen. We need to make sure we can pass the red face test if we are called on the carpet for it. Mayor Hansen said that it is very, very hard not to set a precedence. Council Member Wride said her concern with the moratorium is that people would come out of the woodwork and try to get around the ordinance. Then if there are people that don’t hear about the 30 days there would be a whole other issue because they didn’t get the same option. She suggested that we just change the ordinance. She said that she is hesitant to do a temporary fix. Council Member Price suggested that we have different standards in a manufacturing zone. Mayor Hansen said that we need to do something with the area that is already commercial and the architectural standards don’t even fit. It will not match what is already there.
Mr. Steve Hislop said that he already has an existing building permit for a metal building that is already in the works. He is in phase II and he would still like to do a metal building on phase III.
Mayor Hansen said that there is still one other possibility and he suggested a variance. Council Member Price said that if we approve a variance on this someone will want the same variance in the future. Council Member Gray said that everybody wants to do the right thing but we need to be careful with the ripple effect. If this is determined on a case by case basis then it opens it to be arbitrary. We have to be consistent. Mayor Hansen read through the guidelines for granting a variance.
If we don’t do anything then Mr. Petersen has a choice, he has to comply with the new ordinance or the lot stays vacant. Mr. Petersen asked if there would be consideration because he is giving the HOA a right of way through his property. He is willing to give something back to the HOA.
Mayor Hansen read through the variance requirements from the Utah League handbook.
Council Member Wride said that she feels there are two options, re-zone or a variance. Mr. Petersen said that the Planning & Zoning Commission didn’t appear too willing to do a re-zone. Mayor Hansen said that he feels that we need to do something for that area. There are only about 4 vacant lots left in that area and every structure in that area is metal buildings with the exception of the bed and breakfast. There are 5 metal buildings in that area.
If we enforce the ordinance as it is right now then we will have 5 metal buildings and a possibility of 4 buildings that will meet the architectural standards. The metal building fits in that area. Council Member Wride said that a few of the members of the Planning & Zoning Commission said that they feel that a building that falls under the architectural standards would fit in that area also.
This decision will take some time. If we change the ordinance we have to be very specific. If we exempt that area then we would have to be specific that if the building is remodeled or changed then it would have to be brought up to the architectural standards. We just don’t want to be perceived as being arbitrary. Council Member Wride said that when we are looking at things that need to be done we have to look at the project and not the individual. Mayor Hansen said he is taking Mr. Petersen out of the picture and still saying that the architectural standards does not make sense in that area.
Council Member Price suggested that we go back to the original idea which was to put the architectural standards on 3rd west and take it off the rest of the commercial zone. Mayor Hansen said that he thought that 3rd west would be a model to start the architectural standards and then it would go through to Bear Lake Blvd.
Mr. Randy Erickson said that when he was thinking about the ordinance he was thinking about the main areas that would have retail business type buildings. A manufacturing area would have one standard and the commercial in the main area would meet the architectural standards. It is not financially realistic to have a business that the public doesn’t come to, meet the architectural standards the same as the retail and restaurants. Mayor Hansen said that there is a division as far as he is concerned with the different uses.
Mr. Erickson suggested it should be specific to a main artery, such as all of 3rd west and Bear Lake Blvd. The ordinance would still have to be amended and go to a public hearing.
Mayor Hansen agreed that we may look at the roads and determine which ones we want to designate for the architectural standards. Also, would it be for the front of the road or clear through the lot?
The Council discussed making a new commercial zone for that area, which would allow metal buildings.
Council Member Price said that the ordinance could be easily changed to be the main thoroughfare. Also, Foothill Estates are all private roads, they are not Town roads.
Mayor Hansen asked if the Council wants to allow a metal building in that area. Council Member Gray said that he is comfortable to allow a metal building in that area as long as it is something that we would do for anybody else in Town. Council Member Wride said that she is not personally opposed to this request. We haven’t put a notice out to let the adjacent property owners know about the change. She feels to do an amendment to change to the specific roads would be very difficult and a change just for that area would be arbitrary. Council Member Price said that we need to amend the ordinance to say that it is for the main arteries.
Mayor Hansen asked for a motion.
Council Member Wride said that she is in favor of creating a new zone and make it for that area. Mayor Hansen said that the danger would be allowing people to come in and re-zone when something doesn’t fit.
Council Member Price feels like we should have the ordinance apply to the main arteries in town.
Mr. Kent Wangsgard said that most communities have various commercial zones. We can have commercial zones with different layers and different standards.
Council Member Gray made the motion to work with the Planning & Zoning Commission to re-establish or re-define some of the zones as found in the architectural standards to meet some of the needs that have come along and may come along in the future. Essentially we would look at the definition of the commercial zone and determine where some of the requirements could be more flexible. There is no question that it would take a lot of time. He would hate to see the Council make the change and cut corners. We need to follow the right steps. This can be fixed, it will just take time. Motion died for lack of second.
Planning & Zoning Commission Member Bourne said that he is opposed to changing the architectural standards because we will open a huge can of worms. He is in favor of doing a layering of the commercial zone. He wants to make this work but we need to be careful so we don’t have to fight every issue. We should make several commercial zones, at least 2 new commercial zones, then we will not be so arbitrary.
Council Member Gray made the motion to work with the Planning & Zoning Commission to set up different types of commercial zones and specify some of the requirements for each zone and that specific commercial zones would have different architectural standards with some zones being allowed to have metal buildings and others would not be allowed to have metal buildings. They would still be reviewed to make sure that they have adequate landscaping etc, that they have to comply with. That subdivision is visible from the main artery. To maintain the integrity of the system there is no other way. Council Member Price seconded the motion. All in favor and the motion carried.
Appointment of new Planning & Zoning Member
Mayor Hansen presented the name of Troy Petersen for the new Planning & Zoning member. Mayor Hansen talked to him before the architectural standard issue came about.
Council Member Price made the motion to appoint Mr. Troy Petersen to the Planning & Zoning Commission. Council Member Gray seconded the motion. All in favor and the motion carried.
Mr. Petersen stated that with the situation of the architectural standards going on he will voice his opinion but he will step back on the voting. He said that Garden City is a Town that he has loved for a long time and he appreciates the opportunity.
Inn Condominium Association Request, Kent Wangsgard and Jack McPhie
Mr. Wangsgard explained that they have a serious problem in Harbor Village, with the excavation that has been done by Mr. Guy Jardine. Mr. Jardine wanted to put up a garage across from the condominium structure. He excavated about 60 feet long and 30 feet deep and left a shear wall. After he got through he realized that he created this huge hazard, but it still remains the same. It appears that Mr. Dennis Bullock still owns the property. Mr. Wangsgard is asking if there is anything the Town can do to make him fix the problem. Mayor Hansen said that he remembers when this problem came to the Council once before, but he doesn’t know of any permit process that the Town has for excavation. Council Member Wride said that if there is so much cut or fill taken out or a certain amount of slope then they have to be regulated. Mayor Hansen said that if there is a public hazard then there may be some course of action that we can take. Mr. Erickson stated that there is dirt falling from the excavated area right now. They do have an orange fence.
Council Member Wride said that the only thing that could fix it would be to have it engineered and then have Mr. Jardine correct the problem according to the engineer. Mayor Hansen said that we need to establish who the property owner is and then notify them that we are aware of the situation and that it is posing a public safety issue and they need to fix the problem. We also need to give them a time limit.
Council Member Price said that where we didn’t give them a building permit he is not sure what we need to do, but there is a public safety issue. If we didn’t do anything then we would be liable if something happens there. If we start something then we won’t be liable.
Council Member Gray said that he will look to see if it is on the state property. If it is he will find out what they can do to help. Council Member Price suggested that we write Mr. Jardine a letter. Mayor Hansen said that we need to investigate what the Town=s responsibility is and what we can enforce.
The ground there is all clay. Even if they fill in the area the ground will continue to move.
Mayor Hansen said that he will write a letter to Mr. Jardine. We also need to find out who owns the property.
Request for Funds to Attend Cheerleading Camp, Cami Hodges
Council Member Leonhardt said that he is concerned with giving money to individuals because it opens the doors for others. Mayor Hansen said that he shares the same concerns. Council Member Wride said that she has the same concerns. Also Ms. Hodges is not a member of our community but she is a member of our high school that our kids go to. Council Member Leonhardt said that there are 2 cheerleaders going this camp. There was discussion regarding giving both girls money to go. Council Member Wride said that she feels better giving to a cause and not an individual.
The Council agreed that we should have a policy. Mayor Hansen said that giving this money would make us vulnerable every year. Council Member Leonhardt suggested that we set up a fund and put a specific amount aside in the budget for these type of requests. When the funds are gone it is gone. We can have something in place to help with these types of requests. Council Member Price agreed that we could do that. Council Member Price said that he feels that we shouldn’t pay this request. Council Member Gray asked how we have handled this in the past. We have given money to the Rich High Education Foundation and the Rodeo Club. We haven’t ever given money to an individual. It could turn into a problem if we don’t have a policy. Council Member Gray suggest that we wait until we have a guideline.
Raise for Mayor
Ms. Cherie Henderson said that she knows this is a sensitive subject, but she is concerned about the pay scale for the Mayor and the Council. She appreciates the service that the Council and the Mayor provide for the community.
Council Member Wride asked how they determine how much their time is worth? We are here for the service. She has pulled records of other similar Towns and we are on the low end of the scale. As we continue to grow more time will be spent on the job.
Mayor Hansen said that he is really not in the position for the money, it is really for public service. At some point the Town will have to hire a Town Planner or a full time Mayor. He ran for the office just out of a civic duty, he doesn’t mind giving service. He feels that the Council is the same way. He feels that the Council does as much or more than he does. He is happy with the way it is now but probably at some point it will require more time than we can handle. Council Member Gray thanked Ms. Henderson for her thoughts but he is not here for the money, it is the opportunity to be here to help with the decisions. The time will come when a raise needs to be addressed.
Library Fund Raiser
Ms. Henderson said that their goal is to get the funds for the library raised by mid September. The committee wants to know if they need all the fund-raisers that they have planned. The Council agreed with their plans and told the committee to determine which fund-raisers they want to do.
We really need to start deciding where we want to put the library.
Mr. Erickson said that we have 10 permits so far this year. We will be getting about $35,000 in permit fees from TrendWest for their new buildings. Each building is valued at $1,250,000. Mr. John Nielson will be reviewing their plans.
Mr. Erickson said that he is getting busy again and he would like to have Mr. Nelson come back one day a week. Council Member Price said as long as we need him then we can use him.
Mayor Hansen said that we need to work on getting all the new construction on the tax base so we will be ready for the budget.
Council Member Leonhardt said that Raspberry Days is well underway, we have already had a few meetings. The parade has been changed to Thursday night.
Council Member Leonhardt said that Mr. Bryce Nielson has received some Homeland Security Funds. They spent about $78,000 in this community and most of it will be spent in Garden City with the ArcView, etc. It has really helped the Sheriffs department. He will be here at the next Town Council meeting for a report.
They have talked about flooding of the canal, and whether we have the resources in place to deal with that problem. If a canal does flood then the contractors will come in with their backhoes to fix the problem and the canal companies will have to pay the cost. We should have a mutual agreement with the backhoe owners as to cost, etc. The Town should have an agreement with private resources so that when a situation comes up we have the cost set so we are not taken advantage of.
Council Member Wride explained 3rd west has become a challenge. She received a quote for a Traffic Impact Study that is a requirement from UDOT for the intersection onto 3rd west. Mr. Dennis Bullock also needs a TIS. Our cost would be $6,000 just for the TIS. Mayor Hansen said that we need to do some political work with UDOT on their requirements. Their STIP does not have one project in Rich County. We need to stand up to them just like we did with the water. They can’t impact small communities like they are. We need another artery through Town, it is a safety issue. Mayor Hansen said that we need to start working on this issue soon. The TIS has to be done before we get a permit. Council Member Wride needs the approval from the Council to give Sunrise Engineering the okay to start the study. In the mean time we need to work with the state to get them to work with us better. Council Member Leonhardt suggested that we make some appointments and go visit with our legislatures. Council Member Wride said that when they do the study if they see 10 cars go through there in any one hour then we have to do the left hand turn lane. We would have to do the design work and also install the left hand turn lane at our expense. UDOT just gives permission for it to go in based on the study. Frehner Construction is willing to work with us on this because they will be around for a while.
The Council agreed to allow Sunrise to start on the study and work with Mr. Dennis Bullock on his project to help cut the cost.
Mayor Hansen would like to see exactly what the commitment is with UDOT. We need to make sure what they expect us to pay for and how they expect us to be able to afford it.
Council Member Wride requested permission to attend two seminars in April. The Council agreed.
Council Member Price said that our budget is running pretty good right now. We have a little bit more revenue than what we have spent. Revenue is at $282,000 and expenses are $232,000. So we are doing okay.
Council Member Gray hopes to have the ATV ordinance ready to go before the next meeting.
Mayor Hansen explained that they found a 10 wheeled dump truck in pretty good shape for $20,000. It also has a nice plow and a sander. It has a CAT motor. The backhoe is slow when he is plowing and it will be really hard for him to keep up, especially when we start adding new roads. The Council agreed to have Mr. Andersen look at the plow a little closer.
Minutes of the Town Council Meeting held on February 10, 2005
Council Member Leonhardt made the motion to accept the minutes of the Town Council meeting held on February 10, 2005 as presented. Council Member Gray seconded the motion. All in favor and the motion carried.
Minutes of the Public Hearing held on February 10, 2005
Council Member Leonhardt made the motion to accept the minutes of the Public Hearing held on February 10, 2005 as presented. Council Member Gray seconded the motion. All in favor and the motion carried.
Council Member Price made the motion to pay the bills as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
The regular session of this Town Council Meeting was adjourned at 10:45 p.m. to go into executive session.
Minutes of the executive session are kept separate.
Council Member Price made the motion to adjourn the executive session at 11:20 p.m. and return to the regular session of the Town Council meeting.
There being no further business to be discussed, Council Member Price made the motion to adjourn the meeting at 11:20 p.m.
APPROVED:                                                                           Attest:
____________________________________            _________________________________
Kenneth Hansen, Mayor                                               Town Clerk