Meeting Minutes June 2004
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on June 10, 2004 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
Mayor Hansen welcomed everyone to the meeting. Mayor Hansen recognized the presence of Rich County Commission Member Tom Weston.
BUSINESS LICENSE DISCUSSION/APPROVAL
LaBeau=s Too, ReNea LaBeau
Ms. LaBeaus explained that she would just like to change the name from the Chicken Place to LaBeau=s Too. She stated that what she has done there hasn=t worked. People still just consider it a house and they don=t realize it is a food establishment. She feels that she should have her name on the sign. She is just basically requesting a new name and a new sign. She is also doing a little bit of remodeling inside the building. She has added a few new items on the menu.
Mr. Erickson said that she should have a final inspection on the changes she is making inside. She should also get a certificate of occupancy. Mr. Erickson said that she is okay with the sign and the parking according to our ordinances.
Council Member Stringham made the motion to approve this business license for LaBeau=s Too with the condition that she have a final inspection and receive a certificate of occupancy. Council Member Price seconded the motion. All in favor and the motion carried.
Something Unique, Tamera Nelson
Ms. Nelson explained that she operated Somethin= Unique when it was at the Canyon Cove last year. She wants to move the business the dining room of her home, which is just north of
Quick-N-Tasty. She will do mostly handmade items and also have a few consignments. This property is zoned commercial. She does have permission from the property owners.
Mr. Erickson suggested an inspection of the home. She has parking down the lane between Quick-N-Tasty and the house, there is plenty of parking. She would like to put up a sign with the name and to show where the parking is located. Council Member Wride said that the building is a residence and said that it should be concidered a home occupation. Mayor Hansen said that it is the same type of business as Clea=s Nifty Gifts. If this business is approved, it should meet the requirements of the Building Inspector, such as the signage, parking, ADA, etc.
Council Member Price made the motion to accept the business license for Somethin= Unique under the stipulation that it passes the Building Inspectors requirements. Council Member Leonhardt seconded the motion. All in favor and the motion carried. The sales tax number for Somethin= Unique is registered for Garden City.
Mayor Hansen suggested that she become a member of the Chamber of Commerce.
Diane=s Home and Yard, Diana Nation
Ms. Nation explained that she does residential and commercial cleaning and would like approval for a professional cleaning service. It is all service oriented so there is no sales tax unless she sells something to the client. She doesn=t keep a large cleaning supply for the client, they are supposed to supply their own cleaning supplies. Council Member Leonhardt asked about the cleaning supplies and where she is storing them and what type of hazard they are. Ms. Nation said that she is not storing any cleaning supplies at this time. She does have a few items like mops and brooms and a few yard tools.
Council Member Stringham made the motion to approve the business license for Diane=s Home and Yard. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Property Management Services, Dennis Colsch
Mr. Colsch explained that this business will be in his home located at 1538 Mackinaw Way, Swan Creek Village. He wants to provide services in Garden City. He wants to provide catering to out-of-towners, prepare the house before they get to their home and whatever the property owner needs. Council Member Wride said that his home is out of our town limits. Council Member Stringham said that it is a similar service as an out of town business that wants to come into town to do business. Council Member Price said that Mr. Colsch shouldn=t have to have two licenses. If he has a license in the county then he shouldn=t be required to have a license in Garden City. He is located in the County and that is the approapriate place for him to start.
EKK Enterprises, Kent Korgenski
Mr. Korgenski stated that they ready to start building again. The framing will start next week. Council Member Wride asked if he has anyone leasing his buildings yet. Mr. Korgenski said that he has a few contacts but nobody has signed up yet. They are building the large building first, where he will be located. He will then build the front building and then build backwards into the lot as people sign up for a lease. Each Leasee will have to apply for a business license.
The propane tank will be put in the back of the lot in the north east corner.
Council Member Leonhardt asked if Mr. Korgenski has had any conversations with the England=s. Mr. Korgenski said that he has seen the letter the sent the town and he will take care of the fence issue. Council Member Leonhardt suggested that Mr. Korgenski contact Mr. England to resolve the fence issue.
Council Member Leonhardt made the motion to accept the business license for EKK, Enterprises. Council Member Wride seconded the motion. All in favor and the motion carried.
Mr. Korgenski will make sure the sales tax number is registered in Garden City.
Stay in Place Storage, Hyrum Lantz
Mr. Lantz is not in attendance and therefore this agenda item was tabled.
Subdivision of not more than 4 lots, Mark & Kathy Stringham
Mr. Mark Stringham explained that they are dividing their lot into three lots. The is located at 260 S. and 100 W. The lots will be .55 acres to .86 acres. They had the property surveyed.
Council Member Wride asked if the Planning & Zoning Commission approved the subdivision and what their comments were. The Planning & Zoning Commission did approve the subdivision. All 3 lots have access to all the utilities, etc, which will come from the front of the lots. They don=t have any water shares with this property.
Council Member Price made the motion to accept the subdivision of the property owned by Mark & Kathy Stringham located at 260 S. 100 W. The lot will be subdivided into 3 parcels Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Encumbrance Agreement and Covenant to Run With the Land, Janet Brown
Ms. Brown explained that they decided no to tear off the old garage and just it back towards the road, which is a separate lot. It will be about 30 - 35 feet off the road. If they put the garage on the single lot then it becomes non conforming.
Mayor Hansen asked about taking care of this type of request with the encumbrance or administratively. The Clerks will check with Sydney Fonsbeck on the administrative option.
Mayor Hansen explained the covenant, which joins the two lots legally so they can=t be sold separately.
Council Member Price made the motion to accept the Encumbrance Agreement and Covenant to Run With the Land for lots 20 and 37 of Hodges Beach. Council Member Wride seconded the motion. All in favor and the motion carried.
Mr. Erickson explained that if they eventually want to build a cabin on the lot with the garage they would have to unencumber the property because according to the ordinance you can=t have two houses on the same lot.
DISCUSSION AND APPROVAL OF RESOLUTION #R04-04, A Resolution adopting the Bear River District Pre-Disaster Hazard Mitigation Plan as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000.
Council Member Price said that we should go ahead and approve this resolution. It is a plan that we must have in place in the event that we ever have a natural disaster and need FEMA funds. It is a fairly good sized document. The county has already approved the plan. This is their pre- disaster plan and we have to adopt it if we ever want to receive relief funds.
Council Member Price made the motion to accept Resolution #R04-04 as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
ANNEXATION, MEL MAYNES
This annexation request is for property owned by Mr. Mel Maynes and is located west of Kimball Lane and north of Sweetwater Development. It is 40-15 acres. A public hearing was held just prior to this meeting.
Council Member Leonhardt made the motion to accept the annexation for the property owned by Mr. Mel Maynes, located west of Kimball Lane and north of Sweetwater Development. Council Member Price seconded the motion. All in favor and the motion carried.
FINAL BUDGET DISCUSSION, July 1, 2004 through June 30, 2005
To date we have spent approximately $372,000 and we have brought in $419,000. Council Member Price went through the budget for each line item.
Mayor Hansen said that he would like to see the park restrooms, the bowery and the park equipment updated.
Council Member Wride explained that she has a bid to repair the sidewalks in town. She wants to make sure the Council is okay with repairing the sidewalks instead of replacing them. When they repair the sidewalk they cut the higher sidewalk down at the to meet at the separation. Some of the sidewalks need to be replaced. The council agreed to take it on a case by case basis. A yard of concrete will replace 80 square feet of sidewalks. Our sidewalks are 5' wide and 4' deep. There are also other avenues to get funding for sidewalks. Council Member Leonhardt suggested that Council Member Wride look at sidewalks that are really bad right now and repair or replace them before the end of the fiscal year. There is still money in the budget for sidewalks.
The Council agreed that replacing the sidewalks would be better than repairing them. She can fix sidewalks in sections and do the worst places first. Mr. Mel Maynes and Mayor Hansen said that they will help with labor to replace the sidewalks.
There is money left in the budget and the Council would like to purchase the utility vehicle before the end of the fiscal year. The Council agreed to leave the final decision up to the discretion of Council Member Stringham. The John Deer is built more for what we want. There is room to put it in the shop.
Council Member Wride explained that she has talked with Mr. Nance and he is concerned about losing the grant money for the extension of the park. Mayor Hansen said that has been taken care of and we did let the money go back to the state.
Council Member Leonhardt made the motion to accept the General Budget with the proposed changes. Council Member Stringham seconded the motion. All in favor and the motion carried.
We have no idea what will happen with this budget for the next year, it could go over a million dollars because of the Swan Spring Water Project. The quarterly assessment will also increase.
Council Member Price went over the Enterprise budget.
Council Member Leonhardt made the motion to accept the Enterprise Budget with the proposed changes. Council Member Wride seconded the motion. All in favor and the motion carried.
SWAN SPRING UPDATE
Mayor Hansen explained that he has been in contact with Mr. Marteneau and a person from the EPA who deals with this type of situation. Mayor Hansen has a meeting scheduled with Mr. Marteneau, the Town Engineers, the person from the EPA, and the Town Council. They will all discuss the future of the well. Mr. Martineau feels that the well should have been approved on the very first test because it tested at a zero risk. He feels that the state is being overbearing on the tests. Mr. Andersen will order another test kit and get a third test on the well. Mr. Martineau will look at all the well logs and all the documentation on the well.
Mayor Hansen explained that we had a meeting with UDOT and the County Commissioners to discuss Garden City main street and what is happening in the county. UDOT explained that there is a possibility of doing certain things throughout town. If we want to do curb and gutter through town then we need that outlined in the ordinances. That way curb and gutter would happen as development goes through town. Drainage is a big issue. Utilities have to be 5' deep are only allowed by a permit.
The grant that we received for the bike path came from UDOT. We have a copy of the list of the funding opportunities that are available. UDOT really hasn=t done much in Rich County. There are grants available that could be used for lighting along the highway. If they are prepared properly UDOT may be convinced to participate. Also, Utah Power may be willing to donate the light poles. Even if we can=t get lighting from UDOT they may be willing to help with some landscaping along the highway. We are committed to beautification in town.
This property is part of the Developers Agreement for the water project when Garden City upgraded the water lines in 1981. The property owners didn=t pay off the promissary note so there is still a lien on the property. The property was sold recently and the new property owners requested that Garden City release the lien. The Council agreed that we should hold on to the Promissary note and not release the lien. The new property owners can go back to the previous owners or the title company to take care of the lien.
Stay in Touch Cellular
There is no representative attending this meeting so this item is tabled.
Council Member Leonhardt explained that he visited with the Huefner=s and they are don=t wanting to sell their property any more. If they did decide to sell, it would cost more now than what they wanted in the past. They have done some improvements to the property. Council Member Leonhardt spoke with Mr. Lyle Bennett, from the State, and told him what was going on with the property and that we wont be accepting the grant money. We did write him a letter and explain why we are not taking the grant. Council Member Leonhardt explained that we were considered for the grant because of the way the park has been taken care of. That is one of the top priorities that they look at. The employees do a great job taking care of the current park. Council Member Leonhardt wanted to take care of this in a way so that we could apply again later.
Discussion of Subdivision requirements, Mr. Richard Williams
Mayor Hansen said that he doesn=t feel that there was anything out of line with what the planning & Zoning stipulated for subdivision of property owned by Mr. Richard Williams. Mr. Erickson said that he is not sure why Mr. Williams is required to have a utility easement since he adjoins the highway. Mayor Hansen suggested that we write Mr. Williams a letter stating that we don=t understand what his concerns are but if he is concerned with the utility easement then he can take that off the survey. Planning & Zoning Commission Member Maynes agreed with that decision. Mr. Williams would need a utility easement for the back lot if it is ever subdivided.
Council Member Price made the motion to remove the requirement for the utility easement for the subdivision of the property owned by Mr. Richard Williams at 1625 and 1635 S. Bear Lake Blvd. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Lifetime Learning Center
The Lifetime Learning Center has agreed to bring the trailer and the equipment back to Garden City for more computer training. They have lost their grant for teacher so they can=t provide a teacher to come with the trailer. We can use the equipment if we can find a teacher for the courses or we can charge for each class. Mayor Hansen would like to continue with the classes if we can work out the details. Council Member Price said that it is a service that we need to try to provide.
BUILDING INSPECTOR REPORT
Mr. Erickson explained that the County Commissioners approve the helper for the Building Inspector. The job will be advertised for 10 days and then we will do the interviews. We are close to being caught up on the paperwork for the building permits. Mr. Erickson still has about 6 permits to do. We are at 45 permits for the town and 43 for the county and we get new building permit applications every day.
Commission Member Tom Weston said that Mr. Erickson is doing a great job. He feels that everything is pretty even in the county and everyone is on a level playing field. We should get to the point that we can hold the seminar for the contractors.
COUNCIL MEMBER REPORTS
Council Member Stringham said that a property owners that is adjacent to the park is concerned with some late night activities at the park. They would like to start locking the park at night.
Council Member Stringham said that he will check on buying a new stage. Mayor Hansen recommended that he contact the scaffolding company in Salt Lake. A new stage would also have to be stored somewhere. We can spend $20,000 quick and easy on the park.
Council Member Wride explained that the bike path is having a little bit of re-engineering and it should be back from UDOT with the approval soon. UDOT will be the administrator of the bids. It has to be surveyed. There will have to be some relocation of sprinklers , which Mr. Erickson can do.
300 west probably wont happen until next spring because of the canyon road. UDOT said that the bids wont even go out until August so we have some more time to work on the details.
Governor Walker sent a letter requesting that we encourage people to fly their flag during Flag Week. We don=t have a resolution drawn up yet so we will just verbally encourage the citizens to fly their flag for the week of flag week.
Council Member Wride said that the 300 west standards committee is working on the standards. They don=t have everything that they would like but they are working on it. She contacted Ms. Sydney Fonsbeck who told her that they need to have the standards in the ordinances. They would like to have it a standard throughout the whole town but they need to start with 300 west. She will prepare an ordinance and bring it to the Planning & Zoning Commission.
The ATV committee has run into a lot of road blocks that they are trying to resolve. Mayor Hansen suggested that they do an overall type of plan for the future, wether it goes along with the 300 west or something by itself. That way they have something that they can work on and take it piece by piece. Mayor Hansen said it should be a long term project not something that will be taken care of in a few weeks or months.
Council Member Leonhardt explained that the Raspberry Days is coming very quickly. It should go pretty good this year. The committee is work hard. We will incur extra costs on the busses because the school district has increased the milage.
Bear Lake has received some negative press, especially on the lake level. We will check into advertising with another paper, such as Rich County Times and the News Examiner.
Mayor Hansen said that we appreciate the counties help on the ATV insurance for the ATV poker run. We are additionally insured with the forest service.
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.
APPROVAL OF MINUTES
Public Hearing regarding proposed ordinance changes
Council Member Leonhardt made the motion to approve the minutes of the public hearing held on May 13, 2004 regarding the proposed ordinance changes, as presented. Council Member Price seconded the motion. All in favor and the motion carried.
Public Hearing regarding the zone change for Ned Calder
Council Member Leonhardt made the motion to approve the minutes of the Public Hearing held on May 13, 2004 regarding the zone Change for Mr. Ned Calder, as presented. Council Member Wride seconded the motion. All in favor and the motion carried.
Public Hearing requiring the annexation request for Mr. Norm Mecham & Mr. Darin Lutz
Council Member Stringham made the motion to approve the minutes of the Public Hearing held on May 13, 2004 regarding the annexation request by Mr. Norm Mecham and Mr. Darin Lutz as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Town Council Meeting, May 13, 2004
Council Member Leonhardt made the motion to accept the minutes of the Town Council meeting held on May 13, 2004 as presented. Council Member Wride seconded the motion. All in favor and the motion carried.
There being no further discussion, Council Member Price made the motion to adjourn the meeting at 11:15 p.m. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Kenneth Hansen, Mayor Town Clerk