Meeting Minutes March 2006
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on March 9, 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 Krista Klein
Jason Linford Ted Wilson
Randy Erickson Cathy Tarbet
William Serviss Brenda Terry
James Schnetzer Frank Smith
Laraine Schnetzer Ezra Lantz
LaVal Jensen Dave Cook
DJ Ballingham Dennis Martinson
Joan Akre Loretta Fiddler
Mayor Hansen welcomed everyone to the meeting.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL
Holey Cow, Krista Klein
Ms. Krista Klein explained that she is requesting a conditional use permit for a food establishment at 100 N. Bear Lake Blvd. She is working with the health department for their letter of approval. She is also working with the neighbor to resolve the fence issues. Those were stipulations that the Planning & Zoning Commission wanted. She also needs to submit plans to the Planning & Zoning Commission on the ADA requirement, which she is waiting for the plans from the engineer. She is also working with UDOT on the access. Council Member Leonhardt said that the Planning & Zoning Commission was very favorable on what she is doing.
Mayor Hansen said that the she should provide us with a letter that she and the neighbors will work out the fence issue. They can work out the best solution.
Ms. Klein said that she will sign the parking lot so everyone will know where to park.
This is just an approval the conditional use permit, she will need to apply for a business license when she is at that point.
Council Member Leonhardt made the motion to grant the conditional use permit for Holey Cow with the stipulations of the ADA requirements. She will also work with the Building Inspector on the signage, the Health Department for their approval and UDOT on the access. She also needs to get a letter from the neighbor that they are working on the fence issue. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
BUSINESS LICENSE DISCUSSION/APPROVAL
Bear Foot Graphics, William C. Serviss
Mr. Serviss explained that he wants to conduct his business at Harbor Village in the Mountain Lake Properties office space. He is doing his development designs, web designs and graphic designs, etc. He has been working with Mr. Frank Smith for the past year and a half. We will need a letter from Mr. Smith stating that it is okay to operator the business from his office. He has his sales tax number and it is registered with the Town of Garden City. There are no chemicals involved, it is just internet design and computer aid.
Council Member Leonhardt made the motion to grant the business license for Bear Foot Graphics with the stipulation that he get a letter from Mr. Frank Smith. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Access Home Care and Hospice, Cathy Tarbet
Ms. Tarbet explained that they are hoping to open on Monday if they are approved for the business license. They are all set with the Bear Lake Health Center to work out of their office. They will need a letter from the Bear Lake Health Center that they are okay to work in their office. They don’t do anything that requires sales tax. They do have insurance that they are required to carry to go into the homes.
Council Member Leonhardt made the motion to grant the business license with the stipulations of the letter from the Health Center stating that it is okay for them to conduct business out of there establishment. Council Member Seiler seconded the motion. All in favor and the motion carried.
Doug’s Backhoe Service, Doug Taylor
Mr. Taylor is not here. Mayor Hansen asked to move onto the next item and move back to this agenda item if Mr. Taylor shows up.
FINAL PLAT APPROVAL FOR BRIDGERLAND VILLAGE, Ted Wilson
Mr. Wilson explained that this request is for final plat approval for Bridgerland Village Plat G, Phase 1, 2,and 3. The Planning & Zoning Commission approved the plat contingent on him fixing some engineering problems. Mr. Wilson said that those issues have been fixed on the plat. Mr. Wilson committed to put one lane of good gravel all the way down to the highway from plat G. He will be bringing in 3 phase power up to the project. That will all happen within the next 2 years.
Mayor Hansen went over the letters from the attorney and the engineer, the legal description has been corrected. Mr. Wilson said that the road coming out of phase 1 will be a 12% grade. Mr. Wilson said that he will try to flatten out that grade a little bit. Before he starts laying pipe or utilities he will notify the Town to shoot the grade. Mr. Linford said that his comment on the grade of the road was to make Mr. Wilson aware that there is no room for error on the road grade there. Council Member Leonhardt will do a review of the fire hydrants on the plat. Mr. Wilson said that the fire hydrants are marked every 500' on the plat.
The attorney requested a written agreement between the municipality and the private water system owner for water supplied by a private water system to homes within the Town limits. It is a new law as of January 2006. It’s an agreement between the municipality and the private water system owner, that they will hold the town harmless on everything or anything based on the existing contracts. Mayor Hansen said that he will contact the attorney for a sample agreement.
The roads are maintained by the HOA and they will provide a letter to the Town that they will maintain them once they are approved by the Town. Mr. Wilson will provide the letter of credit when he is ready to record the plat. He said that he will have most of the improvements done by the time he is ready to record.
Mr. Wilson said that this is his last plat.
We need the 18x18, the CC& R’s and the Title Policy.
Council Member Satterthwaite made the motion to approve Bridgerland Village, final phase, plat G, phase 1, 2 and 3. He will provide us with the written agreement on the water issue, a written agreement regarding the road maintenance, the letter of credit, a small Mylar, CC&R’s and the Title Policy. He also needs to provide addresses on the plat. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Mr. Wilson said that he will get new copies of the plat and bring them in with the required changes to the plat, i.e., the addresses and the signature from the Health Department. He will leave the Mylars today so we can compare them to make sure there is no other changes.
SWAN SPRING CULINARY WATER PROJECT, Jason Linford
Mr. Linford explained that they are still working with USDA on funding. They are still working on the plan designs.
Mr. Linford explained that each state has to select a project to go along with Earth Day and have a program. Utah has selected this as their project. We will invite dignitaries, senators and representatives, etc to help kick off the project.
The application for the lease of property from the Division of Wildlife Resources is for the entire 20 acres. They have a few issues with this request. They have made minor comments about the lease of the property and they may make us tighten it up to 5 or 10 acres. Mr. Linford said that he is not anticipating any major problems with DWR on the lease.
The Council discussed improving the road that goes to the spring area. Mr. Linford said that he will make a note and look at that.
Mr. Linford showed the plans, which are 60 - 70% complete and should be done about the 15th of April. It will take approximately 6 months to build the treatment plant. If we can get it started early in the spring/summer then we can get it finished this year. If not then we will have to go into a winter shut down and finish it next year. There may be some minor water shut down during construction. Mayor Hansen said that we can use the 8" line during the time when line transfer occurs.
Mr. Linford explained that they met with two meter companies last week. We should start working with one of the companies this summer to replace the broken meters. We do have about 100 meters that will work with one of the companies. We should make a decision soon on what company we will go with.
We also need to consider that we need a backup water operator when we get the plant online.
Mr. Linford discussed a GIS system. He said that the county has nothing that they can give us to get us started with our program. We would have to get the plats from the county, scan them in and use a program that will line everything up next to each other. Council Member Gray also has information about the GPS equipment. We have a lot of equipment that the Homeland Security purchased that can be used for this type of system.
Mayor Hansen requested that we move to Item #7-C, which goes along with the GPS discussion. Mayor Hansen explained that Rich County is requesting help with funding for areal map fees. He explained that they received a $30,000 grant but needs help with the remaining balance. They will fly over and take pictures that can be transferred to the computer. They are requesting that we pay $3,000 to help with the matching funds for the project. We will get disks and copies of the maps, etc. They can be used to map out the water lines, fire hydrants, roads, parcels of property, etc. Also the zoning map would become a very legitimate document.
Mayor Hansen said that we should wait on the zoning map until we get this information and have the areal maps scanned to the computer, then we can do the updates as needed.
Mr. Linford said that we should look at how drainage is addressed and how it is worded in our ordinance. He said that the way it is worded right now leaves it a little open ended. He can give us a sample of the way it should be so there is no questions when the developer comes in with their plans.
BUTTERCUP PROPERTY OWNERS ASSOCIATION, WATER DISCUSSION,
Mr. Schnetzer said that they are here to find out what is going on with the Buttercup project to increase their water pressure. Mr. Linford said that they are in the process of the design, which will take about 1 more month. Once that is finished we can get Mr. Andersen to start working on it before he gets started on the treatment plant.
Mayor Hansen said that he knows there is another project coming on line that will include a water tank which will take care of the Buttercup water issues. This project should make the pump station in Buttercup obsolete. He suggested that we do something temporarily for the next 2 or 3 months until we know more about the new project coming on line. We need to do something to take care of the issue but maybe something can be done temporarily. The other project should be ready within the next year. Mr. Linford will look to see what can be done and will work with Mayor Hansen on a solution. The least we will need to do is to install a new pump. Mayor Hansen said that he wants to do something to make the problem better for the homeowners.
Mr. Schnetzer said that his biggest concern is knowing that the treatment plant is going to be a top priority and he doesn’t want to be put back on the list another for couple of years. Mayor Hansen said that we should know by May about the other project. Then we should make a decision on what we will do to resolve this issue.
TRT Grant, 2005
The signs have been shipped and we should receive them by next week. We are still waiting for reimbursement from the County.
Celebrate Arbor Day, Tree Grant
This is a new grant to purchase trees for the Town. Mayor Hansen said that we may be in a better position next year to apply for this grant.
Request for matching grant on the areal map fees.
Mayor Hansen said that it would be a great project, which we will benefit a lot from.
Council Member Seiler made the motion to expend $3,000 for a matching grant for the areal map fees. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
UPDATE ON PROGRESS AT THE BEAR LAKE COMMUNITY HEALTH CENTER,
Laval Jensen & DJ Ballingham
Mr. Jensen said that it is important to keep the Council informed on what is going on at the clinic. He explained that the clinic did purchase the building where their office is. They are looking to provide more education and services at the clinic. They want to expand their services. They are trying to figure out what would be the most benefit to the community. They are looking to do some expansion within the building.
Mr. Ballinghams said that they are averaging 17 and 19 patients per day. Last year they averaged 5-6 patients per day.
Mr. Jensen said that they want to enhance the medical care, they are looking at something like a medical mall/medical plaza. They are working on getting a full pharmacy. They have a small pharmacy in house for those who are patients. They will expand into a full time retail pharmacy that can take care of the patients of the clinic and people that are not their patients.
The community health center is vital to our area and the growth in the area.
Resolution #R06-02, A Resolution extending the corporate limits of the Town of Garden City
Mayor Hansen excused himself from this portion of the agenda because he has a conflict of interest as a property owner involved. Council Member Leonhardt lead the discussion on this item. He explained that we held a public hearing on this item prior to this meeting. He showed a map of the area where this property is located. There was no public comments during the public hearing because there were no public that attended the meeting.
Council Member Satterthwaite made the motion to approve Resolution #R06-02, A Resolution extending the corporate limits of the Town of Garden City. Council Member Seiler seconded the motion. All in favor and the motion carried.
Council Member Leonhardt turned the discussion back over to Mayor Hansen.
Chapter 8 - Business Licenses
Council Member Gray explained that there was a concern about businesses changing addresses and being required to come back to the Town Council for approval. He said that he doesn’t feel that it is necessary for them to come back to the Council every time. If the business doesn’t belong in a particular zone then absolutely they need to come back for approval of the Council. He proposes that the ordinance be re-written to state that if a business moves then they need to write a letter and notify the Council and the Council Member over the business licenses would review the letters to determine if they need to come to the Council for approval or not.
The Council discussed the requirement of homeowners association approval and whether we should require a letter if the business falls within a HOA. Mayor Hansen said that he feels that unless it requires a conditional use permit then it can be taken care of administratively with the Council Member that is over Business Licenses. If a business requires a conditional use permit then that is a definite flag and it needs to come back to the Council for approval.
The Council discussed having all business licenses done administratively. It was determined that all new businesses still need to come to the Town Council for approval.
Ordinance #06-01, Definition of Daycare
Council Member Satterthwaite said that she read the daycare definition and compared it to the state code. She had a question on the number of children and also the term “paid care compensation”. Because there are some questions on this ordinance we will make the changes discussed to the ordinance and bring it back next month.
Ordinance #06-02, Residential Estate Zone
Council Member Leonhardt made the motion to approve Ordinance #06-02 Residential Zone as written. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Ordinance #06-03, Single Family Residential Zone
Council Member Leonhardt made the motion to approve Ordinance #06-03 Single Family Residential Zone as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #06-04, Multiple Family Residential Zone
Council Member Satterthwaite moved to approve Ordinance #06-04, Multiple Family Residential Zone as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #06-05, Recreational Residential Zone
Council Member Leonhardt made the motion to approve Ordinance #06-05, Recreational Residential Zone as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #06-06, Community Commercial Zone
Council Member Satterthwaite made the motion to approve Ordinance # 06-06 Community Commercial Zone as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #06-07, Highway Commercial Zone
Council Member Leonhardt made the motion to approve Ordinance #06-07, Highway Commercial Zone as written. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #06-08, Beach Development Zone
Council Member Leonhardt made the motion to approve ordinance #06-08, Beach Development Zone as written. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Ordinance #06-09, Manufacturing Zone
The Council discussed that there are no permitted uses in the manufactured zone. Everything is a conditional use. Council Member Satterthwaite said that if we make a zone then we should have something listed as a permitted use. Mayor Hansen said that there are communities that everything in every zone is a conditional use. Mr. Erickson said that manufacturing usually has chemicals which are a fire hazard. He said that we need to be careful because of the safety issues. Council Member Satterthwaite suggested that we build in something that is pretty safe that could be a permitted use. Council Member Leonhardt said that he is not opposed to have everything a conditional use in the manufacturing because of the nature of our area.
Council Member Gray made the motion to approve Ordinance #06-09, Manufacturing Zone as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #06-10, Agricultural Zone
Council Member Leonhardt made the motion to approve Ordinance #06-10, Agricultural Zone as written. Council Member Seiler seconded the motion. All in favor and the motion carried.
New Board of Adjustments Member
Mayor Hansen said that he is not ready yet with a new member yet.
Rodeo Club Request for Sponsor
Mayor Hansen said that the Council previously had a discussion about donations. The decision was that we do donations in the form of scholarships to the Youth Council, which keeps the money in the community, and that is a more appropriate use of our funds.
Rich High Education Foundation, request for donation
Same as previously discussed.
It was explained that we don’t have an application fee for annexation requests. It is a timely process. The Council discussed the fee for annexation and determined that $750 would be appropriate. The Clerks will come up with ordinance for next month.
New Library Discussion
The Council discussed the options for the new library. We have two options of where to put the library, the new property or where the park is now. Council Member Gray said that we should present the idea to the community for their input. We need to approach someone to do a rendering or a conceptual drawing to present to the public. Council Member Gray will contact Bear Foot Graphics and USU to see if either of them are interested in doing the drawings. We could also ask Bobbie Coray. He will also get a price from them also.
Mayor Hansen explained that it is time to get started because this will be an agenda item next month. The Council needs to think about their preliminary request.
Council Member Satterthwaite explained that the provision for impact fees are up in May of this year. She said that it won’t stop with the two SB’s that were passed, SB267 and SB268. Mayor Hansen said that impact fees are really going to be challenged. The big thing is that they have to be justified. Mayor Hansen suggests that we try to re-do the ordinances ourselves but we need to make sure that the changes that we make are defendable. He suggests that we send the ordinances to a professional and let them look at them to make sure they are what we want. We can send some of the changes that we need to make and have them tailored to what we want. He has talked to the attorney and was advised that we need to do something with the impact fees and our ordinances. We need to get suggestions from Mr. Dave Church and get an estimates. We really need an attorney that is good with land use issues. Council Member Satterthwaite said that everyone needs to read the 2 supreme court decisions that she printed off the internet.
It was discussed that the general plan also needs to be updated.
Mayor Hansen said that he will talk to Mr. David Church to discuss the ordinances and the impact fees. The Council agreed.
The Clerk explained that the copier has broken and will cost approximately $200 to get it fixed. The Council agreed that we should just get a new copier for about $400.
Use of Library Computer
There has been a request to use the library computer to teach a class on genealogy and computer skills. The Council said it is okay.
BUILDING INSPECTOR REPORT
Mr. Erickson explained that we have receive $68,766 in permit fees as of today and they are still coming in.
He put the advertizement in the paper for another building inspector. The application and job description will be on the web page.
Mayor Hansen said that we also need to figure out the increase in the property valuation so we can get the increase in the budget. The valuation for new building this year is $8,800,265.
COUNCIL MEMBER REPORTS
Council Member Seiler requested approval to go to Road School in St. George in April. Mayor Hansen said that she should do anything that she feels would be helpful for her. She explained that she spent about 4 hours with Ms. Sharlotte Wride and that was helpful.
Improvements to Hodges Canyon will be a priority in the spring. Ms. Sharlotte Wride gave it to Mr. Jason Linford to get the design finished.
Planning & Zoning Commission
Council Member Leonhardt said that we have a really great board for the Planning & Zoning Commission.
APPROVAL OF MINUTES
Town Council Meeting held on January 12, 2006
Council Member Leonhardt made the motion to approve the minutes of the Town Council Meeting held on January 12, 2006 with the change made on page 2. Council Member Gray seconded the motion. All in favor and the motion carried.
Town Council Meeting held on February 7, 2006
Council Member Leonhardt made the motion to approve the minutes of the Town Council Meeting held on February 7, 2006 with the changes made on said minutes. Council Member Seiler seconded the motion. All in favor and the motion carried.
Executive Session held on February 7, 2006
Council Member Leonhardt made the motion to approve the minutes of the Executive Session held on February 7, 2006. Council Member Gray Seconded the motion. All in favor and the motion carried.
Council Member Leonhardt made the motion to approve the payment vouchers as presented. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
There being no further business for the Council to discuss, Council Member Leonhardt made the motion to adjourn the meeting at 10:50 p.m.
Kenneth Hansen, Mayor Town Clerk