Meeting Minutes March 2007
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on March 8, 2007 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 5:00 p.m.
Roll call of Council Members Present:
Kenneth Hansen, Mayor
Kathy Hislop Anita Weston
John Abraham Jared Seamons
LaVal Jensen Brian Leishman
Jennifer Bair Ralph Anderson
Elaine Moffit Norm Ancerson
Kent Fisher Hyrum Lantz
Jennifer Bair Elaine Moffit
Frank Smith Tony Johnson
Josh Welch Bryon Lyon
Dennis Bullock David Stringham
APPROVAL OF THE MINUTES
Public Hearing held on February 8, 2007 at 5:10 p.m.
Council Member House made the motion to accept the minutes as prepared. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Executive Session held on February 8, 2007 at 4:10 p.m.
Council Member Satterthwaite moved to approve the minutes and return the copies to the clerk to destroy. Council Member House seconded the motion. All in favor and the motion carried.
Special Meeting held on February 15, 2007
Council Member Satterthwaite moved to approve as prepared. Council Member Seiler seconded the motion. All in favor and the motion carried.
Regular Session held on February 8, 2007
Council Member Seiler moved to approve. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Executive Session held on February 8, 2007 at 7:50 p.m.
Council Member House made the motion to accept the executive session minutes for Ralph Cannon but add the resignation letter with them. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
DISCUSSION/APPROVAL OF CHILD ABUSE PREVENTION MONTH PROCLAMATION
The Council agreed to move this agenda item for the next discussion.
Ms. Jennifer Bair said that April is child abuse prevention month. She gave an overview of what they do for families and children. Their main goal is to protect the families.
Mayor Hansen said that abuse of children is terrible. They are innocent and they really rely on us as grown-up=s for their protection. He said that he has no problem signing the proclamation and supporting their efforts.
Council Member House made the motion to accept the Proclamation declaring April as Child Abuse Prevention month. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Mayor Hansen signed the Proclamation.
BUILDING INSPECTOR REPORT
Mr. Abraham explained that we only had 2 building permits for February, one was a residence and one was an office add on. The valuation was $302,855. The total permit fees were $2,335, which does not including the fire fees and the road and park fees.
Mr. Abraham has passed his test=s and now he is fully certified residential.
SWAN SPRING CULINARY WATER PROJECT/TREATMENT PLANT UPDATE
Mayor Hansen explained that we are in the process with everything on this project. He went to the Rich County Planning & Zoning Commission with the preliminary plan for the proposed Peterson Subdivision. We still have a ton of hurdles to get over, but we are making progress. We will keep working diligently. We are dealing with the road and sewer issues. We are trying to make the deadline for March or April to get the bids out.
BUSINESS LICENSE DISCUSSION/APPROVAL
A&A Storage, Mr. Ralph Anderson and Mr. Norm Anderson
Mr. Ralph Anderson explained that the entity is an LLC. They were just annexed into the Town limits and therefore need a Town business license.
Mr. Ralph Anderson asked about getting water to his property. They would like a water connection and also would like fire hydrants in the vacinity. Mayor Hansen explained that Mr. Ted Wilson has asked for water to be extended to his project which is across the highway from where they are now. We will bring the water to that point. When Mr. Anderson is ready to connect to the water line they will need to bring the water across the highway to the main line. Mayor Hansen said that we will be installing hydrants on the other side of the road as we extend the water line.
Mr. Anderson explained that in the future they may want to build a couple of residential buildings. Mayor Hansen said that they are allowed residential in the commercial zone but they will have to follow the residential requirements and the architectural standards.
Council Member House made the motion to accept the business license for A&A Storage at 250 S 750 W. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Eagle Rock RV (Traveland RV Park), Jay Davis, Brian Leishman, Scott Jaggi, and Hyrum Lantz
Mr. Brian Leishman explained that they have changed the name of the park to Traveland RV Park. Mr. Hyrum Lantz said that the park is in the process of being purchased by Mr. Leishman.
There won=t be anyone living on site but they are looking for someone to run the park, such as a couple to move a motor home onsite and be responsible for the day to day operations.
Council Member Satterthwaite moved to approve the change of name and business license application contingent on Mr. Leishman providing the contact person information. Mr. Leishman said that Mr. Scott Jaggi will be the contact and he will get the remaining information to the office. Council Member House seconded the motion. All in favor and the motion carried.
If the sale does not go through they should get back to us.
Mr. Hyrum Lantz asked about the Conditional Use Permit requirements that remain to be taken care of. He explained that they have allocated some money to finish the list but they would like to do the 3 pole fence just across the front of the property and not around the entire property. Mayor Hansen said that the Planning & Zoning Commission has the authority of the fence issue so they will need to get approval from them to change that requirement. Mr. Lantz said that he didn=t want to install the fence all the way down the north side so he will go to Planning & Zoning Commission for that request.
Mr. Lantz stated that he thought the water transfer was already taken care of but he will work with Mr. Terry Allen to get the shares transferred as soon as possible.
Lutz Construction and Lakeview Cabins
There is not anyone here to represent Lutz Construction or Lakeview Cabins. Mayor Hansen said that there are rocks set up which show the driveway. Council Member Seiler said that we need a letter from Mr. Lutz giving them approval to use his property the for their equipment.
Council Member Seiler said that the point was to decide if we are going to approve the license tonight or not and we still don=t have anyone here tonight to talk to us. The concerns haven=t been addressed for the business license.
Council Member Seiler said that the original business license didn=t include a parking lot for the heavy equipment there. Mayor Hansen said that they were given permission to park the construction equipment there when they came in for approval for their business license.
Council Member Satterthwaite said that they need to be here, they need to know what the concerns are and we need to work through the situation.
Council Member Satterthwaite moved that this stay in limbo until the next meeting and they are here or their licence may be pulled because of this. Mayor Hansen said that he will talk to them one more time to try to resolve this issue. Both Lutz Construction and Lakeview Cabin will either be here for the next meeting or their license will be pulled,. Council Member House seconded the motion. All in favor and the motion carried.
LIMITED ON-SITE LIQUOR LICENSE
Bodean=s BBQ & More, Jim & Cindy McLaughlin
There is no one here in attendance for this item so we skipped this.
Ordinance #07-07, An Ordinance providing for Personnel Policies and Procedures. A new chapter, Title 3 - Municipal Government, Chapter 3-600 Personnel.
Council Member House said that we need to change some of wording in the document, Unlawful Harassment. We need to change the handbook reference from the state to Garden City.
Council Member Satterthwaite will work on the Unlawful Harassment handbook to convert it to be our own handbook which will be in addition to the ordinance, not a part of the ordinance.
Council Member Satterthwaite said that we still need to put together a resolution for many of the personnel issues.
Council Member Seiler moved to accept Ordinance #07-07 establishing Personnel Policies and Procedures. Council Member House seconded the motion. All in favor and the motion carried.
Ordinance #07-08, An Ordinance to establish regulations for the creation and passing of Ordinance and Resolutions which govern the Town of Garden City. An update to Title 3-Municipal Government, Chapter 3-300 Legislation
We held a public hearing prior to this meeting to discuss this ordinance.
Council Member Satterthwaite moved to approve Ordinance #07-08, an Ordinance to establish regulations for the creation and passing of Ordinances and Resolutions which govern the Town of Garden City. Council Member House seconded the motion. All in favor and the motion carried.
Ordinance #07B09, An Ordinance #07-09, An Ordinance of the Town of Garden City, Utah, stating the Administrative Code Enforcement Program.
Council Member Satterthwaite explained that this ordinance is a draft taken from 3 other cities. Since we can=t get law enforcement to deal with enforcing our ordinance this is our only course of action. It gives us the remedies to deal with this.
Council Member Satterthwaite recommended that the Council not deal with this ordinance tonight because it is so cumbersome. The Council should take it home and read it and we will review it next month. She is working on getting more information from the League and from BRAG.
Council Member Satterthwaite moved to continue this until our April meeting. We should have the Attorney look at this ordinance once we get it to where we want it to say. We need a way to enforce our ordinances. Council Member House seconded the motion. Council Member Satterthwaite added to the motion to remind the Council to bring their copies of the ordinance because another copy will not be furnished. All in favor and the motion carried.
Review of proposed ordinance outlining the Adoption of State Code
Mayor Hansen asked if we need to adopt this ordinance even though we are subject to the State Code. Council Member Satterthwaite said that we must have this on the records in the event that we ever have our own police force. This is a criminal code that we would always have available to us. Th Sheriff=s Department and the State Parks Department writes under the state code.
This would be in a new section in the ordinances along with ordinance #07-09. We should send this to the Town Attorney also and ask him if we can adopt this and have it on our books without our own police force.
Council Member House made the motion to send the proposed ordinance to adopt the state criminal code to public hearing. Council Member Seiler seconded the motion. All in favor and the motion carried.
Review of Proposed Ordinance regarding Governments Records Access and Management
Council Member Satterthwaite said that she took this from the state statute. It outlines the types of records that fall under the various categories, private, controlled or protected. She took only those parts that would apply to us.
The Council discussed the different type of records and the classifications.
Council Member Satterthwaite moved to reformat and send to public hearing. Council Member House seconded the motion. All in favor and the motion carried.
Resolution #07-02, A Resolution regarding classification of records under the GRAMA Law
The resolution will be reformatted and presented during the next meeting for approval.
Discussion regarding subdivision layout, streets and lots, of 6 lots east of Blue Water Beach and North of Ideal Beach Resort, Newll Daines.
Mr. Daines is not in attendance. He needs to come to this Board for clarification of what he wants to do and he should bring a survey with him.
PLANNED UNIT DEVELOPMENT APPROVAL AND/OR CONCEPTUAL DISCUSSION
Final Approval for Phase II of Lockwood, Dennis Bullock
Mr. Bullock explained that they met with the Planning & Zoning Commission and received final approval for phase 2. Mr. Lyon showed where the pool will go, in phase 1, and explained that it will be installed during phase 2. Council Member Seiler said that they were supposed to say in what phase they were going to include the pool. Mr. Bullock said that it will be located in phase 1 but constructed in the second phase. It will be included in the letter of credit. It will be in the common area of phase 1.
Mr. Lyon spoke with the County Recorder and has made changes to the road names per her request. They will also change the designation for the open space/common area.
Council Member Satterthwaite asked about fencing for the project along the canal.
Mr. Bullock transferred enough water for phase 1 and some for phase 2. Mr. Linford needs to do the calculations for the water shares for the remaining transfer for phase 2. They will be on a bulk master meter. Mr. Bullock stated that they will charge the home owners the same rate as we charge for the water. It will all go through the HOA.
Mr. Bullock will also provide a copy of the recording for the property in question with the Cooks which is the access onto 3rd west.
Everything in this development will be private, such as the streets, etc. They are looking at providing RV parking within the development.
Council Member House made the motion to approve the final plat for Lockwood phase 2 with the water share issues being addressed with the Town and the engineers, the open space designation being changed on the plat to meet the state requirements, a letter of credit for the amenities and a copy of the recording for 3rd west. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Discussion regarding concept and design of proposed 49-unit affordable housing project on 9 acres at approximately 300 N 300 W., Tony Johnson
Mr. Johnson explained that he has done a lot of affordable housing projects in Utah. He explained his background with affordable housing and said that he would like to construct some affordable housing in Garden City. He will work with the Federal Government for some tax credits that will help with this project.
The units are being built for rental units but could eventually be sold. The developer will maintain the property.
Mr. Johnson will have to do a market study to determine if there is a need and how many units this area can handle. They will build 49 units but the appraisers market study will determine how many of the units will be affordable housing. Only the number of units they state will be designated as affordable housing, the remaining will be market rate units. If they are not chosen for the affordable housing allocations then they will just rent the units at the current market rate.
Mr. Johnson explained the layout of the buildings. They will provide a community center within their project. The commercial area will be open for what the demand is. Council Member Seiler said that they will need to address the parking issue.
This is just information from Mr. Johnson for the Council. He will start the PUD process with the Planning & Zoning.
Conceptual PUD discussion for 20 acres north of Elk=s Ridge. This will include approximately 100 town homes, Ryan Rogers, Frank Smith, Dennis Bullock
Mr. Frank Smith & Mr. Dennis Bullock own this property for the proposed development. Mr. Rogers would like to develop 100 luxury town homes on this 20 acre parcel. Every lot will have nice views of the lake. They will have a club house with an indoor pool. The have approximately 50% open space.
Council Member Seiler said that she is concerned with the fire hazard up there and said that we really need to consider that. They need to think about what type of building material they will use to construct the buildings because of the fire issues. Mayor Hansen said that we should have the Planning & Zoning Commission look at that a little more. Council Member Seiler said that they need to keep this in mind when they are putting this project together.
This discussion right now is just a concept and they will go to the Planning & Zoning Commission to start the process.
Conceptual PUD discussion for development of a PUD and commercial area west of Canyon Cove, along Logan Canyon Rd., Brian Leishman
Mr. Leishman explained the project. They have 2 commercial pads and 80 townhomes. They will have a club house. They will have 40% open space and 28% buildings. They will work on the 2nd access. Mr. Leishman will work to get access through the back of the project.
Mayor Hansen said that they really need to look at drainage. We want the drainage contained on site, within the development. Mr. Leishman said that they have planned for detention sites onsite.
Mayor Hansen explained the water transfer process that Mr. Leishman will have to follow to get water connections for his project. He will need to work with the Town Engineer for the water transfer. Mr. Leishman said that he doesn=t have water to transfer so he will have to pay the fair value for those water shares.
Conceptual PUD discussion for development on 14 acres along Highway 89 south of Chevron, Bryce Huefner, Jennifer Huefner and Jared Larson
Mr. Frank Smith is representing the developers for this project. He explained the planned accesses for this project, which they will plan to come off 1st west. Most of these apartments will be rented. It will be mixed uses with most of the units being rented and a few being sold.
Mr. Smith showed some of the types of building material that they will be using for this project. The materials that they are using will help keep the costs down and help with the affordable housing. They want to keep a nice building that looks good without cutting on quality.
This is just a conceptual discussion and they will start the process with the Planning & Zoning Commission.
DISCUSSION REGARDING THE GENERAL PLAN & NEW COMMITTEE
Mayor Hansen passed out the flow chart which explains the process for each entity and how they will help with the update for the General Plan. Mr. Frank Smith suggested that each Planning & Zoning Commission Member should be over a group of the members of the new committee.
The meeting with the new committee will be held on the 14th at Mitch=s Grill from 6 - 8. We will start the meeting with everyone to educate them on the process, and also tell them what their specific assignment is. They we will break out in smaller groups to make suggestions of the questions that will be asked.
There are a few of the committee members that will not be here on the 14th so they will need to be made aware of what needs to be done.
UPDATE OF THE PROGRESS FOR THE NEW LIBRARY/TOWN HALL
Review of Appraisal for the current Town Hall
We are still waiting for the appraisal so this will be on the agenda for the April meeting.
TRANSPORTATION BOARD REPORT/DISCUSSION
The New Map Approval
The Council discussed the local roads in Garden City and the new proposed roads. Council Member Seiler has the new map with 3rd west on it. The Planning & Zoning Commission approved the map of 3rd west with the change to 2 of the roads. We need to have the completed map by April 4th. All the ajacent property owners will receive a letter explaining 3rd west, that it will go through or close to their property, and inviting them to a public hearing. We will also start the 3rd west naming contest that night.
Mayor Hansen said that he hasn=t heard any opposition to 3rd west. He explained that to this point every property owner has donated their property for 3rd west because they realize that everyone will benefit from the project. We haven=t had to pay for any property for 3rd west. When people donate property we should give them a letter that they can use for a tax credit.
The Council agreed to have Mr. Linford include the local roads on the plat and have it ready for the meeting on the 4th.
Council Member Seiler moved to approve the new north/south corridor with the local roads as approved tonight on the map and send it onto the public hearing on April 4th. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Trees on Hodges Canyon
The trees are down on Hodges Canyon and everyone has until March 20th to take as much wood as they want. After March 20th the remaining wood will be burned.
Top Soil from 3rd West
Legrand Johnson Construction is only willing to move the top soil from where it is to their property but they won=t pay for it or give us anything in exchange. We do have contractors interested in some of the dirt so Council Member Seiler will send a letter to each of the contractors and ask them if they are interested and how much they will they pay per yard. We will sell it to the highest bidder. We need to let them know that the Town has no obligation if someone takes some on their own. We will also need them to give us an estimate of how much is there. We will not give them a time limit on when they have to get it removed.
Mayor Hansen suggested that we could trade the top soil in exchange for doing some hauling for the Town.
Phone Box on 3rd West
Council Member Seiler talked with Mr. Howard Pope and they may be able to move the electrical box on the 3rd west entrance at little or no cost.
Council Member Seiler would like some feedback on drafting a sidewalk policy. There are so many possibilities on how we can handle sidewalks or walkways in town that it is overwhelming. The community should be a walkable community and have the walkways interconnecting within developments and who will pay for what. Council Member House said that in most cases it should be the property owners responsibility. Mayor Hansen said that the construction of the sidewalks don=t really concern him as much as the maintenance. Sidewalks are a constant maintenance issue.
Council Member Satterthwaite said that we may have difficulty if we require it in all new developments if we don=t take a position throughout the Town. In some areas it is not conducive. It is not only a maintenance issue it is a liability issue. Do we plow them in the winter time, do we keep them open in the winter time? It is a huge issue and determine what our needs are here.
The Centennial Sign
Council Member Seiler asked where we can place that sign. Some of the suggestions were to put it at the park going down to the boardwalk, on either end of the bikepath, on the beginning of 3rd west, or on the property where we are going to put the welcome sign. There are a lot of choices.
EMPLOYEE HANDBOOK REVIEW/DISCUSSION
Section 5, Leaves
Council Member Satterthwaite said that if the employees are going to work a 40 hour work week then they should be entitled to compensation based on those hours but if they work less than 40 hours they should only be compensated accordingly. There was extensive conversation regarding flexing time, time compensated for time worked, and how to deal with the employees leave and time worked. Mayor Hansen will work further on this to answer some of the questions and it will be back on the agenda next month.
Discussion/Approval of Conflict of Interest Declaration
The Council discussed adding a signature line for the employee/Board Member to sign. We also need to give them a signature and a place for them to sign that they received the completed and signed document.
Discussion/Approval of Conflict of Interest Policy
The Council discussion some changes that they wanted made to the policy.
Council Member House made the motion to accept the Conflict of Interest Declaration and the Conflict of Interest Policy with the amendments that was discussed. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Appointment of New Board of Adjustment Member
Mayor Hansen said that he has talked to Mr. Scott Tolentino about serving on the Board of Adjustments. Mr. Tolentino agreed to serve so Mayor Hansen is presenting his name for approval.
Council Member Satterthwaite moved to accept Mr. Tolentino as Mayor Hansen=s recommendation to the Board of Adjustments. Council Member House seconded the motion. All in favor and the motion carried.
Buttercup SID Payments
The Clerk explained that the payment for the Buttercup SID will be due in a few weeks and we have only collected about 50% of the payments that were due February 28th. We are still collecting a little bit but it looks like we may not collect enough for our first payment. We will have to come up with the money and lien the property. Council Member Satterthwaite suggested that we send a letter to the Buttercup Association reminding them of their commitment and telling them of our concerns with the non-payments. We just need to work through them to try to collect the payments.
This is a service that the US Department of the Treasury provides to make our monthly tax payment. They now want us to pay it electronically through our checking account. The Council approved us to make our monthly tax payments electronically.
COUNCIL MEMBER REPORTS
Council Member Seiler explained the terms of the Transportation Board: Ms. Fran Thomas is on for a 4 year term, Mr. Jim Ruggles is on for a 2 year term and Mr. Frank Smith and Mr. Uriah Linkogle will be on for special assignments. Mr.Ray Elliott is interested in serving for a 2 year term.
Council Member House made the motion to approve Mr. Ray Elliott to be on that Board. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Council Member Satterthwaite explained that she read the Subdivision Development book published by the League. She would like them to go to each of the Planning & Zoning Commission Members. It has some very valuable information in it. Mayor Hansen said that if they don=t have the resource they won=t read it, They need to have the book to read it. If we have the books here it will show the support of the Council that they should read it. The Council agreed that we need to order the books for the Planning & Zoning Commission and Town Council.
Council Member Satterthwaite would like to prepare a couple of new ordinances. One on encroachments, one on the bonding process and the other one is for the rejections of licensing or permits. We should have a process in place that gives the staff the authority to refuse a license until the applicant provides the correct information. She would also like to draft an ordinance on the bidding process.
Council Member House made the motion to distribute the checks as has been signed. Council Member Satterthwaite seconded the motion. All in favor and the motion carried..
There being no further business to discuss, Council Member House made the motion to adjourn the meeting at 10:10 p.m.
Kenneth Hansen, Town Clerk