Meeting Minutes May 2005
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on May 12, 2005 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 7:35 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Kathy Hislop Mike Forrest
Sharlene Millard Art Fanconi
Randy Erickson Mike Madsen
Doug Madsen Scott Gough
Steve Hislop John Roos
Kenny Pugmire Kathy Roos
Troy Petersen Greg Bills
Randall Hansen Carol Bills
Dennis Bullock Jay Christopherson
Brian Christopherson Margaret Satterthwaite
Elise Erier Hyrum Lantz
Frank Smith Mark Hislop
BUSINESS LICENSE DISCUSSION AND APPROVAL
Kolob Enterprises, Scott Gough
Mr. Gough said that he would like to start a construction company in Garden City. He is a licensed general contractor. He lives in the Harbor Village condos. He will be based out of Frank Smith’s office in Harbor Village. He needs an approval letter from the HOA.
Council Member Gray made the motion to approve the business license for Kolob Enterprises pursuant to the HOA letter. Council Member Wride seconded the motion. All in favor and the motion carried.
Garden City Carwash, Darrin & Cheree Lutz
Mr. Art Fanconi explained that he is representing Mr. Lutz. They had their final inspection on the building and passed so they are now open for business. They will check to see if they need a state sales tax number for a car wash. If they do need the state sales tax number it needs to be registered with the Town of Garden City. They don’t have the back paving done because of the mud. They have had some vandalism already.
Council Member Gray made the motion to approve the business license pursuant to them finding out if they need a state sales tax number and having it attached to Garden City. Council Member Wride seconded the motion. All in favor and the motion carried.
Pickleville Store, John Roos
Mr. Roos explained that they would like to get a business license and re-open the Pickleville store. They plan to be open year round. The product will be about the same with more convenience items. They need to verify that the state sales tax number is attached to Garden City. They had a building in the back for the subs and shakes that they don’t plan to use at this time. They will not establish the liquor license so they will move the shake and sandwich shop inside to that area. They will put a window in that area for people to order. They will need a building permit and building inspections for that change. They will also need to contact the state health department for the prepared food items. They are the sole proprietor.
Council Member Wride made the motion to approve the business license for Pickleville Store with the condition that we have on record the sales tax number, and Mr. Roos gets a building permit and the health department is notified. The business license approval is amended that Mr. Roos can have the retail and gas portion open but not the sub and shake until that is approved. Council Member Gray seconded the motion. All in favor and the motion carried.
They will live above the store.
Beer License, Pickleville Store, John Roos
Mr. Roos explained that they would like to sell beer as part of the grocery portion. They would just be in closed containers, bottles and cans, no draft.
Council Member Gray made the motion to approve the application for retail beer license for John Roos upon receiving approval from the state. Council Member Wride seconded the motion. All in favor and the motion carried.
AGREEMENT AND COVENANT TO RUN WITH THE LAND, Lot 1 and 2 of Snowmeadow Subdivision, Greg Bills
Mr. Greg Bills said that he would like to encumber lots 1 and 2 of Snow Meadows Subdivision to build a home that will be situated across the lot lines. He does have HOA approval. The set backs will be met with this project.
Council Member Wride made the motion to approve the encumbrance with the submitted layout and the approval letter from the HOA. Council Member Gray seconded the motion. All in favor and the motion carried.
LOCKWOOD PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT APPROVAL,
Jay Christopherson, Brian Christopherson, Dennis Bullock
The preliminary plat has been to the Planning & Zoning Commission for their approval. The Planning & Zoning Commission approved the plat with some conditions. The attorney was concerned about the gap along Raspberry Patch road. There are 20 lots in phase I and the plat shows the layout for the water and sewer.
The developers have done a traffic impact study, that is required by UDOT, for the entrance off the highway. They are waiting to see what the recommendations are from UDOT. 300 west has been surveyed and marked. The title search has been completed.
The dumpsters will be located between the commercial and residential area. The developers would like curbside service if the County Commissioners allow that. They haven’t visited with the county regarding that yet.
The roads in the PUD will be 30’ wide. They have addressed retention for the drainage. They need to address where the town water lines are. They have met with the public works department to determine where those lines are.
Council Member Wride said that she can’t tell by the plat where the ATV trail or the bike path will be. Mr. Christopherson showed where it will be on the map. He said that they have kept the project off the highway about 12’. They have the ATV trail along 300 west. There will be a barrier between the ATV trail and the bike path along 300 west.
Council Member Wride said that there is a driveway coming out of the Raspberry Patch Subdivision. Mr. Dennis Bullock said that it is dedicated as a right-of-way with the Raspberry Patch Subdivision. Council Member Wride said that we need to have documentation stating that they have the right to use that for their ingress.
Council Member Wride stated that this type of project is not allowed in the ordinance as it is right now. Mayor Hansen stated that we are working on the ordinance to fix that issue.
Council Member Wride stated that until 300 west exists then we can’t give them final approval because they need two entrances. Mr. Jay Christopherson stated that they can’t wait for that to happen so they will use the access from Raspberry Patch as the temporary access. They don’t want to be held up with the 300 west project. Council Member Wride said that they may have to do another study on the entrance for Raspberry Patch, but that will be up to UDOT. She will be satisfied after she talks to UDOT about Lockwood using the Raspberry Patch Road. The Raspberry Patch entrance will just be temporary.
Council Member Wride said that her other concern is that they are dead ending the ATV trail into the Harbor Village entrance. She said that is dangerous. She suggested that they widen the Raspberry Patch entrance.
Council Member Wride said that one of the Planning & Zoning stipulations was that the developers must have the recreation center completed before they get approval for phase II. Mr. Jay Christopherson said that it will depend where they have the recreation center, in phase I or phase II. They will either complete the recreation center or have a letter of credit to get it completed before they can get approval for phase II. Mr. Bullock said that the letter of credit comes before we sign the final plat.
Mayor Hansen said that they need to get together and get the water issues sorted out.
Mr. Dennis Bullock said that they are giving the town the ground for the ATV trail and the town can do whatever they want with that property and the barrier between the trail and the bike path. They don’t want to do the curb and gutter, they just want the swale next to the road.
The Developers would like to have the water on one bulk meter because they are on smaller lots. Mayor Hansen said that we would prefer to do it with the bulk meter. It will be their responsibility to make sure everyone pays their water bill. Each lot will be assessed the impact fee.
Council Member Wride made the motion to approve the preliminary plat. Motion died for lack of second because the Council determined that they didn’t need preliminary approval.
BUTTERCUP SPECIAL IMPROVEMENT DISTRICT
Mayor Hansen said that he would like to make a recommendation to the Council. He said that because of what we are doing on 300 west going north he proposes that we pave Buttercup Blvd to the intersection and down Buttercup Lane to the tie in with the pavement by Stump Hollow. Those roads would be a tributary from 300 west. Everything else would be up to the SID. Mayor Hansen would like to do that paving at the same time as the SID does their paving if there are funds in the budget. Mr. Mike Forrest has a cost for the paving and for that portion it would be about $55,600, which includes 4” of additional crushed road base and 3” of pavement. That would be a paved width of 36’ on Buttercup Blvd and 24’ on Buttercup Lane. We wouldn’t have to pave the entire 36’ at this time. Then entrance to Buttercup Lane is 24’ wide.
The SID will be improving everything under the road such as the road base, the culverts, the ditches, etc. They want to repair all that before they pave. They have a storm drain plan right now and they are not changing any of the drainage.
There are approximately 2 miles of roads in Buttercup which will be dedicated to the town once they are paved.
The town will administer the SID and if the homeowners don’t pay the assessment we will put it on the tax roll. Mr. Mike Forrest said that his only concern is the ATV issue. That is a huge deal in their area and they didn’t think that the ATVs would be illegal to ride in Buttercup. Council Member Gray said that whether the town has an ATV ordinance or not they can’t ride them in Buttercup legally. When they made a decision of what streets they could open depended on where they would be riding to. The state law gives the town the latitude to provide access. Council Member Gray said that we have already recognized that 300 west would be an ATV access and would be an access to the trails. Mayor Hansen said that there should be something that we can do about allowing ATV access in Buttercup. Mr. Forrest asked if we could approve the SID on the premise that 300 west will go through Buttercup allowing the ATV access. Mr. Randy Erickson suggested that we tie up the property and make a trail through there. The Council agreed that would be a good thing to actively go forward with this. Mayor Hansen said that he would make that proposal. Council Member Gray suggested that we pass the ordinance and apply the ATV use to those streets in Buttercup.
Mr. Forrest said that he is agreeable to the proposal with the access on 300 west and the town paving the Buttercup Blvd and Buttercup Lane. They still need to go through the legal steps for the SID.
Council Member Leonhardt made the motion to participate and continue with the Buttercup SID and our commitment would be to pave Buttercup Blvd and Buttercup Lane to Buttercup Farms. Council Member Gray seconded the motion. All in favor and the motion carried.
SITLA Property West of Bridgerland Village Subdivision, Elise Erier
Ms. Elise Erier explained the purpose of the SITLA program and the property they own. She showed a map of property they own which is 320 acres west of Garden City. They do want a partnership with a developer on the property. They would also like to work with Garden City. They will work with water issues such as water tanks, etc. They don’t have a time frame of when they want this to happen.
Mayor Hansen explained that our annexation declaration does not include this area so we would have to amend our declaration with the state. He said he would like to know how the Council feels about this request. Council Member Wride asked if it is a benefit for us to have the land in our town limits? Council Member Gray asked what the benefits would be not to have it in our town limits? Mayor Hansen said that one of the advantages would be a tax benefit, but we would have to provide a commitment for the services. There are water rights with that property that could be transferred to the town. Also, the town would have a say in how the property would be developed.
The Council said that they are not opposed to entertaining this option. It may be an advantage to the town with having a say in how it is developed. Also, it gives an option for maintaining the ATV trails. There is also the possibility of putting water tanks in that area.
Ms. Erier said that she is here to determine if this is an option with the town. The Council agreed that they are open to pursuing the issue.
Council Member Gray made the motion to investigate and perhaps change the annexation declaration to include the SITLA properties located west of Bridgerland Village. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Mayor Hansen explained that the mill levy for Garden City is .000366. Mr. Randall Hansen and Mr. Mike Madsen, Board Members for the Garden City Cemetery, said that they have no opposition to annexing the cemetery property into Garden City. They signed the agreement to annex. Mr. Mike Madsen said that they are investigating purchasing more property.
Mayor Hansen suggests that the Council talk to Mr. Ted Hildt and Mr. Ed Price to see if they are willing to annex. We need to take the whole area but we may just have to annex the property that we can get. Mr. Jeff White, from Chevron, had an issue with the property tax increase and also being restricted by the ordinances of the town.
Council Member Leonhardt made the motion to allow Mayor Hansen and Council Member Gray to continue on with this annexation project. Council Member Gray seconded the motion. All in favor and the motion carried.
Sweetwater Subdivision Annexation
Mayor Hansen explained that the Sweetwater Subdivision HOA has approached the town about annexing. They are actively pursuing annexation. It is in the beginning stages right now.
Mayor Hansen stated that if the annexation with Sweetwater goes through we will need 2 or 3 new employees. We will have to have a public works department.
GARDEN CITY PARK BOUNDARY LINE AGREEMENT
This item was tabled and will be on the agenda next month.
SWAN SPRING WATER PROJECT UPDATE
Mayor Hansen said that the spring is flowing well right now because of the run off. The readings are very marginal and are not looking all that well.
Mr. Mike Madsen asked what is the feeling of the town regarding Swan Canal going north? How is the development occurring in Garden City going to affect them? They are concerned about the future for that canal. Mayor Hansen said that it won’t change the canal company’s allocation.
TENTATIVE BUDGET APPROVAL, Fiscal year - July 1, 2005 through June 30. 2006
Council Member Wride explained that the county will be getting a plotter, a laptop etc, for GIS with Homeland Security Funds. These items will stay in Garden City.
The Council went over the budget line items. Mayor Hansen told the Council to fill in the blanks of the projects that they are over and get the figures to Council Member Price next week. The Council was okay with the tentative budget with the corrections that have been made.
Council Member Leonhardt made the motion to accept the tentative budget with the changes made. Council Member Wride seconded the motion. All in favor and the motion carried.
EAGLE SCOUT PROJECT, Jared Hislop
Mr. Jared Hislop said that he would like to swap out the basketball standards at the park for his Eagle Scout project. He requested that the town supply the standards and the materials and he will do the work to get them installed. He will have the Scouts help him and also Mr. Andersen and Mr. Calder.
Council Member Gray made the motion to approve the Eagle Scout Project as presented by Mr. Jared Hislop. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #05-05 Community Commercial Zone,
Council Member Leonhardt made the motion to accept Ordinance #05-05 Community Commercial Zone. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #05-06, Parking & Loading Space
Council Member Leonhardt made the motion to accept Ordinance #05-06, parking & loading space. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #05-07. Motor Vehicle Access
The Council agreed to change the footage specified on the last page from 8’ to 25’. Council Member Wride had a concern with the wording on letter c.
Mayor Hansen suggested that this Ordinance needs to go back to the Planning & Zoning Commission because there are too many changes that need to be made.
Council Member Leonhardt made the motion to send Ordinance #05-07 back to the Planning & Zoning Commission to review the changes suggested by the Town Council. Council Member Wride seconded the motion. All in favor and the motion carried.
Ordinance #05-08, Conditional Uses
Council Member Wride said that 502 D leaves it open for arbitration. She also would like 502-E- 4 taken out of the ordinance. Mayor Hansen said that he is okay with #4 because it is tied to the general plan. The Council agreed to leave them both in the ordinance.
Council Member Leonhardt made the motion to accept Ordinance #05-08, conditional uses. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #05-10. ATV Ordinance
The Council agreed that the Sweetwater annexation could change the ATV Ordinance. Council Member Gray suggested that we table this ordinance for another month and see what happens with the Sweetwater annexation.
Architectural Standards Ordinance. #04-12.
Mayor Hansen explained that Council Member Price is concerned with 11A-501 E. He felt that residential, even if it is built in the commercial zone, it is still residential. Council Member Gray felt that residential buildings should comply to maintain a consistency in the same zone. Council Member Leonhardt agreed.
Council Member Gray said this ordinance certainly struck a nerve in the community and with the Council.
Council Member Wride said that this is a land use ordinance and any land use ordinance has to go through the Planning & Zoning Commission either with a new ordinance or an amendment. She thinks it is not right for this to be approved tonight without going to the Planning & Zoning Commission first. She stated that she talked to Ms. Sidney Fonsbeck from the ULCT and was told that Land Use issues need to go to the Planning & Zoning Commission. She also explained that she read through the regulations which state that zoning ordinances need to go to the Planning & Zoning Commission. This was out of the book from last year, prior to HB60. Ms. Hislop explained her conversation with Ms. Sydney Fonsbeck and the process of this ordinance.
Ms. Hislop explained to Ms. Fonsbeck the exact process of what has happened with this ordinance to this date. Ms. Fonsbeck told her that because this ordinance was in the process prior to HB60 going into effect it was vested and we can continue with it with the Town Council. The Council reviewed part of the Garden City Land Use Ordinances and the Power and Duties manual from the ULCT.
Council Member Gray said that if there is concern then it would be best to err on the side of caution. Mayor Hansen stated that the powers and duties book gives the authority to the Legislative Body to make these decisions. The Council discussed whether they have the right to change this ordinance without going back to the Planning & Zoning Commission. Mr. Randall Hansen said that we are not changing the land use ordinance we are just addressing the architectural standards. Mr. Troy Petersen asked why this is coming up now, and not during any of the prior meetings? He said that the Council made a motion to have a special meeting. Council Member Wride said we need to help the people in the community, she is just presenting what she has found out since the last meeting.
Council Member Gray said that he wants to do this right. A time line means nothing to him. Mr. Petersen said that they made motions to do this tonight. Council Member Gray said that he doesn’t care he wants to do it right. Council Member Leonhardt said that this has been to the Planning & Zoning Commission because of the sensitive nature. We decided as a Council to take care of these issues. We were voted in as a Council to take care of these types of issues. His opinion is to take care of it as a Council. It is time to be done with it. We have sole authority to take care of it and have the legislative powers to take care of it. Most of the Planning & Zoning Commission Members were in the audience when we had the special meeting and they know that the Council was going to take care of the issue.
Council Member Gray said that he is not against changing the ordinance but he wants to make sure that we do it right and if the rest of the Council is comfortable that we are acting within our bounds then he is comfortable with the process.
Council Member Gray made the motion to accept the changes in the Architectural Standards Ordinance that have been discussed in this meeting and what was discussed in previous meetings, after the discussion that Ms. Hislop had with the League of Cities and Towns. Council Member Lconhardt seconded the motion. A roll call vote was taken, Council Member Gray, for; Council Member Leonhardt, for; Council Member Wride, opposed; Mayor Hansen, for. Motion carried. Council Member Wride said that she is opposed to not stating what can be used on the side of the building.
Swimming Pool Discussion
Mayor Hansen explained that Ms. Wanda Lowther contacted him and she feels that we should pursue buying the swimming pool from the Canyon Cove and turn it into a municipal pool. She said that the best exercise is within a pool. She would like the town to take over the pool.
Mayor Hansen asked the Council if there is any interest in acquiring the pool. The council agreed that our budget was pretty tight right now but we can look into it at a later time.
Late Fees For the Water Works
Ms. Kathy Hislop explained the issues we are having with the collections of the delinquent accounts. We have contacted a collection agency and she suggested that we contract with them on collections. We also need to establish, by resolution, a late fee process.
Council Member Leonhardt made the motion to go ahead and work with the collection agency and get moving on this. Council Member Gray seconded the motion. All in favor and the motion carried.
We need to get the signs ordered for the RCA grant for the ATV trail signs. Council Member Gray said that he will take care of ordering the signs.
BUILDING INSPECTOR REPORT
Mr. Randy Erickson explained that there are serious issues in Harbor Village on lot 53 on Cambry Drive. The plat shows the size of what the lot should be but the curve is not calculated correctly. So the lot was re-surveyed and now the new survey fits the way the plat was recorded. He suggested that we take the whole area, 58 lots, and plot the homes where they are and make the rest of the lots fit and re-do the plat. All the homeowners would have to re-sign the plat but we should take care of the issue now before it gets worse. This wouldn’t be a town issue to fix, it would be up to the HOA to fix the problem. The Council discussed not issuing any more building permits until this has been resolved. They suggested that Mr. Erickson go to the HOA and find out if they are willing to deal with it and invite them to the next Town Council meeting.
Mr. Erickson handed out his report, as of last week, of building permits issued in Garden City.
He passed out his proposed budget for next year. The Council reviewed his requests.
COUNCIL MEMBER REPORTS
Council Member Wride showed the map of 300 west. We have to do an environmental impact study.
APPROVAL OF MINUTES
Town Council Meeting, April 14, 2005
Council Member Leonhardt made the motion to accept the minutes of the Town Council meeting held on April 14, 2005 with the correction made to said minutes. Council Member Wride seconded the motion. All in favor and the motion carried.
Special Town Council meeting, April 28. 2005
Council Member Leonhardt made the motion to accept the minutes of the Special Town Council meeting held on April 28, 2005 with the corrections made to said minutes. Gray seconded the motion. All in favor and the motion carried.
Council Member Leonhardt made the motion to pay the bills. Council Member Gray seconded the motion. All in favor and the motion carried.
There being no further business to be discussed, Council Member Leonhardt made the motion to adjourn the meeting at 12:30 a.m. Council Member Gray seconded the motion. All in favor and the motion carried.