Meeting Minutes May 2007
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held a their regularly scheduled meeting on May 10, 2007 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 5:00 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Kathy Hislop Travis Hobbs
Sharlene Millard John Abraham
Brent Hirschi Mel Larsen
Joan Akre Nadine Larsen
Larry Hodges Kelly Harmon
Lana Hodges Rulon Crosby
Don Hunt John Alter
Charla Hunt Gloyd Sprouse
Anita Weston Nadine Sprouse
Deenna Tolentino Loretta Fidler
Scott Tolentino Carmen Madsen
Ross Menlove Ray Elliott
Paul Davis Norm Mecham
APPOINTMENT OF 2 NEW COUNCIL MEMBERS
Mayor Hansen explained that we will be appointing 2 new Council Members, one to complete the term of Council Member Satterthwaite and one to complete the term of Council Member Gray. Both terms will expire December 31, 2007.
We have 5 candidates who have filled out a “Declaration of Candidate” to show their interest in being on the Town Council. The Council gave them the opportunity to explain their interest in being a member of the Town Council and their qualifications. Each candidate was given the opportunity to address the Council and the audience in the order they applied. Mr. Gerald Hunsiker was not able to attend the meeting but he asked Ms. Deanna Tolentino to read a letter as his representative. Ms. Laraine Schnetzer was also not able to attend the meeting so Mayor Hansen read a letter prepared by her. Mr. Leonhardt, Mr. Hunt and Mr. Hodges addressed the Council with their qualifications and interest.
Council Member House made the motion go into executive session at 5:15 p.m. Council Member Seiler seconded the motion. All in favor and the motion carried.
Mayor Hansen called the meeting back to order at 5:25 p.m. and expressed appreciation for all the candidates that applied.
Council Member Seiler moved to appoint Ms. Laraine Schnetzer to take one of the vacancies on the Council. Council Member House seconded the motion. All in favor and the motion carried.
Council Member House made the motion to appoint Mr. Mike Leonhardt as a Council Member. Council Member Seiler seconded the motion. All in favor and the motion carried.
Mr. Leonhardt was sworn in as a new Council Member.
Mayor Hansen showed the plaque for Mr. Larry Gray given in appreciation for his service on the Council. We will present the plaque to him at a later time.
APPROVAL OF THE MINUTES
Public Hearing held on April 12, 2007
Council Member Seiler moved to accept the minutes of the Public Hearing held on April 12, 2007 as prepared. Council Member House seconded the motion. Council Member Seiler, for; Council Member House, for; Council Member Leonhardt abstained because he was not in attendance during that meeting. Motion carried.
Regularly scheduled Town Council meeting held on April 12, 2007
Council Member House made the motion to accept the minutes as amended. Council Member Seiler seconded the motion. Council Member Seiler, for; Council Member House, for; Council Member Leonhardt abstained because he was not in attendance during that meeting. Motion carried.
BUILDING INSPECTOR REPORT
Mr. Abraham passed out his report to the Council. He explained that we’ve had 7 building permits issued during the last month for a total of approx $9,000 in permit fees. We are at about 30 permits since January.
Building Permit Approval Process Discussion
Council Member Seiler asked that this be put on the agenda so that she could get an explanation for the building permit process. Mr. Abraham explained his process to issue a building permit.
Council Member Seiler asked if there is a checklist for issuing a building permit. Mr. Abraham does have a checklist that he uses. Council Member Seiler gave Mr. Abraham a copy of a sample checklist that he should go over when issuing a building permit.
The Building Inspector can require a letter from a wet land deliniator if the Council makes it a requirement. Mayor Hansen said that this should be taken under advisement and we can look at the process to see if we can make it a better process.
SWAN SPRING CULINARY WATER TREATMENT PROJECT
Mr. Jason Linford explained that we are close to completing the plat for the Peterson subdivision, we just need to get signatures prior to going to the County Planning & Zoning Commission for final approval. We will go to work on contacting the individuals to get the signatures on the plat.
We need to follow up with the State on the road issues.
The power issue has been resolved with Rocky Mountain Power and Mr. Mike Madsen.
BUSINESS LICENSE DISCUSSION/APPROVAL
Bear Lake Water Sports, LLC. Brent Hirschi
Mr. Hirschi explained that he would like to continue renting watercraft at Blue Water Resort. He is taking over the concessions from Bear Lake Sails at Blue Water Beach. They may have some packaged treats and drinks to sell.
Mr. Ray Elliott, owner of Blue Water Beach, wrote a letter allowing Mr. Hirschi’s concession at Blue Water Resort but the letter is addressed to Mr. Brian Hirschi. Mr. Elliott will provide a letter of approval for Mr. Brent Hirschi to do the concession at Blue Water Resort.
Council Member House made the motion to accept the business license for Bear Lake Water Sports once we get the letter from Mr. Elliott. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #07-13, An ordinance to allow multi-family residential units of 4 or more as a conditional use in the community commercial zone.
The only change to this ordinance is to allow for multi family residential units as a conditional use.
Council Member Seiler made the motion to approve ordinance #07-13 to add multi-family residential units as a conditional use in the community commercial zone. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Review of Proposed Procurement Ordinance
Mayor Hansen suggested that we put this in ordinance form and have it ready for next months meeting.
Council Member House made the motion to put this in ordinance form and send it for a public hearing next month. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Review of Proposed Amendment to Ordinance Regarding Short Term Rentals.
Council Member Seiler explained that this is just to consider a short term rental ordinance. She has talked with the League and has 2 sample ordinances to consider.
The Council discussed the ordinance. Council Member Seiler read from Sandy’s ordinance. Mayor Hansen said that there are people here who are building homes and then through property management they are renting their homes for short term rentals. One concern is that they should be collecting the appropriate taxes for the rentals .
Council Member Seiler suggested that we address the zones for these type of rentals, identify if it’s a conditional use and we should be requiring that they get a business license. We have a lot of homes going up for this reason and the Town is not getting the benefit of it.
Mr. Rulon Crosby stated that if we are too restrictive then we will just drive the problem underground where it will be unenforceable. He said that it should be allowed under restrictions so that it is enforceable. The Council agreed that it should be added as a conditional use and the property owners should get a business license.
Council Member Seiler also suggested that they fill out a letter of intent when they apply for a building permit.
Council Member Leonhardt will look further into this. He will contact the league and also Mr. David Church for more information.
Ms. Lana Hodges suggested that every new subdivision or PUD should have stipulations in their CC&R’s for these short term rentals.
Mr. Brian Leishman said that this is one of the things they were looking at when they were developing their PUD. But they are looking at on-site property management for control of the type of problems that it brings.
This will be an item on the next months agenda.
Proposal to Change the Text of the Ordinance Requiring a Cash Bond or a Letter of Credit for Improvements in Subdivision and Planned Unit Developments. Proposal is to Change the Text to Include Appropriate Bonds to Insure the Completion of Improvements.
Mayor Hansen explained that the reason that this came up is that our subdivision ordinance requires a letter of credit for the completion of the improvements. The Town Attorney has reviewed our ordinance and said that as a Town we are really hanging out there accepting letters of credit instead of bonds. The problem of the letter of credit is that it is based on credit at that time. If the person that the letter of credit is issued for goes bankrupt then letter of credit is no good because there is no credit. If the owner of the letter of credit passes away then there is no credit and no letter of credit.
The Attorney suggested that the Council approve to accept bonds as an alternative to the letter of credit. Mayor Hansen suggested that we do both, that we accept either one. He feels that a bond is cheaper to get than a letter of credit. The letter of credit also limits the developers borrowing ability.
Council Member Seiler said that if the bond is more secure why would we even give them the option for the letter of credit. Mayor Hansen said that there may be an instant that a developer couldn’t get a bond but they could get a letter of credit.
Ms. Lana Hodges said that the letter of credit is collateral that the bank is holding for that letter of credit. As long as the Town is within the limits of the letter of credit that money is there to draw on.
Council Member House made the recommendation to change the ordinance to accept a bond, cash deposit as well as the letter of credit. Council Member Seiler seconded the motion. All in favor and the motion carried.
We will prepare the ordinance and send to the Planning & Zoning Commission for approval and for a public hearing.
Changes to the OHV Ordinance
Council Member Seiler explained that the Transportation Board has suggested that we add Hodges Canyon Road, Real Beach and Hodges Beach Subdivision to the map of the OHV ordinance. The Transportation Board also suggested that we change the speed limit from 5 to 15 MPH.
Mayor Hansen explained that 250 east does have access to the beach so that falls within the restrictions of the ordinance.
Council Member House made the motion to update the ordinance to make the changes. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
We will prepare the ordinance with the changes for the next Town Council Meeting.
CONDITIONAL USE PERMIT
Big Bear Condo’s Model Unit, Brian Leishman
Mr. Kelly Harmon will be representing Mr. Leishman.
Mr. Harmon explained that they want to build a clubhouse as well as the 4 unit building immediately so they can be ready for the selling season. Mr. Harmon showed his plan and the 2 buildings that they would like to construct. It will be contingent on getting the access onto the state hwy.
Council Member Seiler said that some of the things have been changed from the original plan such as 25 parking spaces have been eliminated. Mr. Harmon said that the driveway has been widened and they accommodate 2 vehicles so they have actually increased the parking an additional 45 spaces.
He also said that they did eliminate the RV parking to maintain an open feel. They reduced the number of units in an effort to improve the development.
Mayor Hansen said that his question is do we give conditional use permits to a project that doesn’t even have final approval. Mr. Harmon said that the selling season is not very long here and they don’t want to lose the whole selling season while they are getting the approvals for the entire project. The Council agreed that the project needs to go to Planning & Zoning for preliminary approval and go through the process for the entire project. Mr. Harmon said that this plan was presented to Planning & Zoning Commission and they agreed to let the Town Council make the decision Mayor Hansen said that it needs to go through the process.
No motion was made.
Council Member House explained that during the last Planning & Zoning Commission meeting they asked the representative of LeGrand Johnson Construction to come in to review their conditional use permit. The Representative of LeGrand Johnson said that they are grand-fathered and don’t need to follow the conditional use permit. The Council agreed that the conditional use permit should be turned over to the Town Attorney to determine what we can do at this time. They were annexed into the Town under the requirements of the conditional use permit. Mayor Hansen said that they have helped with the 3rd west project and we need to be congenial with this issue.
The Council will work with them to take care of the issues.
Final Plat for Cottonwood Subdivision, Rulon Crosby, Mel Larsen and Nadene Larsen
Mr. Crosby explained that they are submitting their plat for final approval and it shows a section for 3rd/ 1st west. He said that they are working on an agreement with Mr. Elliott to help with some of the costs for 3rd/ 1st west. Mr. Larsen said that they would like an agreement of what the Town agrees to do, what their participation will be on 3rd/ 1st west and what the time line is going to be.
Mr. Larsen said that the owners dedication needs to be changed to include 2 additional owners.
They plan to make the road in their subdivision 24' of asphalt with 3' shoulders on the 50' easement. When that is finished they will turn the cul-de-sac over to the Town for maintenance and plowing.
Mayor Hansen said that the participation that was discussed regarding this project was that the Towns portion is to pay the difference between the 8" water pipe and the 14" pipe. He said that the Town doesn’t plan to participate with 3rd/ 1st west. Mr. Larsen said that they feel it is reasonable for the Town to participate with the flume, etc. Mayor Hansen said that the developers need to be able to get to the property for access so they need to construct that road not the Town. Mr. Larsen said that they are contributing to the easement for 3rd/ 1st west, they will contribute to the water line, and they also surveyed the Hodges Canyon Road. They are requesting financial assistance with building the road. Mr. Ray Elliott stated that their company is planning to pay 81% of the 3rd/1st west road.
Mr. Larsen said that Mayor Hansen has a conflict with this project because of his involvement with Cherimoya. Mayor Hansen left the room and left the Council to determine the issues on this road.
Council Member Seiler explained that we have that road on our Master Plan for the roads but we don’t have anything stating that we will construct that road or when that road will be constructed.
Mr. Crosby said that they have negotiated with the power company and asked if all future services need to be underground. Mr. Crosby said that they would like to go underground for a ways and then go overhead for the remaining of the project. Council Member House said that there is no requirement for underground power. Mr. Larsen said that the right of way may have to be changed temporarily for the power pole at the beginning of the subdivision.
They plan to install an 8" sewer line and if the sewer district wants to up-size then they can do it at their expense.
Mr. Crosby said that they don’t have any water rights to surrender to the Town and they will pay the fee in lue of providing water shares. Mr. Larsen does have water rights to trade for connection to the water system.
Council Member Seiler moved to approve the final plat for Cottonwood Subdivision with the stipulation that no building permits will be issued until 3rd / 1st west is completed to the subdivision and the road needs to be to Town specifications. Also, the water rights issue needs to be completed. Council Member House seconded the motion. All in favor and the motion carried.
The Town Engineer will determine the requirements for the intersection and they will work on the canal project with the canal company.
Mayor Hansen returned to the table.
Final Plat for Shundahai/Eagle Feather Phase, Norm Mecham & Ray Elliott
Mayor Hansen does have a conflict with this project and deferred the discussion to Council Member House to preside over this item. He also left the room.
Mr. Elliott said that the Planning & Zoning Commission approved the final plat and they are here for final approval from the Town Council for the Eagle Feather Subdivision of Shundahai. They are looking for final approval for the initial phase of Shundahai.
Council Member Seiler said that it should be hwy 89 not 91 on the plat.
Mr. Elliott said that during the Planning & Zoning meeting there was a concern that the water tank would be visible. Mr. Elliott said that he went to every lot in the highest part of Bridgerland and you cannot see where the tank will be from the highest lot in Bridgerland. It will not be visible from Bridgerland or any of the highway above Bridgerland.
The water connection/transfer has already been worked out with the engineers. He gave the order from the engineers securing the water rights, which have been transferred for the total number of connections for this phase.
Mr. Elliott said that he has talked with the Garden City Fire Chief to work out the Urban Interface and Wildland Fire issues. Council Member Leonhardt said that he has reviewed the plat and is okay with their plans.
The CC&R’s have been approved by the Town Attorney and they do reference the building guidelines in the CC&R’s. There will be natural vegetation and a limited space were they can have grass. They want to keep it so that it looks more natural and also for water conservation.
The Council reviewed the issues outlined in the engineers list.
The Planning & Zoning Commission approved everything for this plat.
Council Member Leonhardt made the motion to approve the first phase of Shundahai, Eagle Feather, with the requirements to complete the list from the Town Engineer. Council Member Seiler seconded the motion. All in favor and the motion carried.
Mr. Elliott asked the Council to consider a plat amendment for the Cottages Subdivision. He explained that they took out some of the lots and added more parking. Mr. Elliott explained that the County Recorder said that they should just deal with the lots that are adjacent to the lots that are being changed. They shouldn’t record the entire plat because every party that has an interest in the subdivision would have to sign the plat. They also need a written amendment to the CC&R’s. The Council agreed that it is the Recorders job and she can determine the best way to get it recorded.
Council Member House turned the meeting back over to Mayor Hansen to preside.
DISCUSSION REGARDING THE CLOSURE OF THE 100 YEAR OLD ACCESS THROUGH ELK’S RIDGE SUBDIVISION, Gloyd Sprouse
Mr. Sprouse explained that in 1996 he asked Garden City to close a road, that went to his property, because of people trespassing on his property. He explained that the County commissioners opposed closing the road and prepared a resolution requiring that right-of-way to be left open. He explained that now a developer has made new roads there and has changed the access to his property. He is requesting that the road be re-opened where it was originally because of the decision and the resolution.
Mayor Hansen explained that he has had a meeting with the County Commissioners and they would like to work this issue out with Mr. Sprouse. They feel like it is a County issue. Mayor Hansen said that he would support Mr. Sprouse and meet with the County Commissioners to discussion this access.
Mr. Sprouse also said that the County Commissioners claim these accesses or right-of-ways and then they don’t maintain them.
300 WEST NAMING CONTEST
Council Member Seiler said that she talked with the County Recorder yesterday and she said that where 3rd west is already cut in is designated as 3rd west, so she would like to keep that as 3rd west. We can also attach a name to that section. Also, she would like a different name for the 3 separate sections, one from Hwy 89 to Hodges Canyon Road, one from Hodges Canyon Road to Kimball Lane and one from Kimball Lane to the end, the County Road.
The Council Discussed their favorite names which included Moonlight Drive, Azure Drive, Deep Blue Drive, Sapphire Lane, Garden Parkway, Little Valley Lane, Paradise Parkway, Raspberry Short Cut, Pickleville Parkway, Peg Leg Road, Old Ephrim Way, Monster Trail, and Sunrise Drive.
Council Member Leonhardt made the motion to name the long section, the first section, Paradise Drive. Council Member House seconded the motion. All in favor and the motion carried.
Council Member House made the motion to name the section from Hodges Canyon Road to Kimball Lane Pickleville Parkway. Council Member Seiler seconded the motion. All in favor and the motion carried.
The Council discussed having all the names end in parkway for the consistency.
Council Member House made the motion to keep the ending of the names the same, they will all be parkway. Council Member Seiler seconded the motion. All in favor and the motion carried.
Council Member House made the motion to name the section from Kimball Lane to the end Little Valley Parkway. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
TENTATIVE BUDGET DISCUSSION/APPROVAL FOR FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008
Mayor Hansen went over the budget line by line. Council Member Seiler had some changes and added to the budget for the road and sidewalk projects. We will take all the figures and put the budget together to make it balance, expenditures and revenues.
Mayor Hansen said that the Council is doing a good job with the finances. We are not running in the red.
Council Member House made the motion to adopt the tentative budget for this fiscal year. Council Member Seiler seconded the motion. All in favor and the motion carried.
UPDATE OF PROGRESS FOR THE NEW TOWN HALL/LIBRARY
Mayor Hansen met with the Garden City Fire Chief in regards with the appraisal that we had done on the building. We need to make sure who owns the property so we need to have a title search done for the whole area.
Council Member House made the motion to do a title search to define the proper ownership. We should use Hickman Title to determine what property the Town owns. Council Member Seiler seconded the motion. All in favor and the motion carried.
DISCUSSION REGARDING HIRING A NEW PUBLIC WORKS EMPLOYEE AND SCHEDULING INTERVIEWS
We received 5 applications. Mayor Hansen stated that he would like to have as many of the Council participate in the interview process as possible. We also need to have Mr. Hobbs involved in the interviews. We will try to schedule all the interviews on Thursday the 17th from noon until we are done.
The newsletter on the website is very outdated. The last one written was for the Fall of 2003. We either need to get someone to start writing the newsletter or delete it from the website. The Council will think about what to do.
New Stage for the park
Mr. Travis Hobbs explained that the wooden stage has become a huge problem and is a safety issue. It is hard to put together and is not very stable. We need to do something new with the stage. Mayor Hansen suggested that we get an aluminum stage that fits in the bowery. Council Member Seiler suggested that we buy the materials and see if Bridgerland can weld one together. Mr. Hobbs said that he will check on that. We can also check on purchasing a new aluminum stage.
Discussion regarding sweeping the roads in the Cemetery
The Cemetery Board has asked if we can sweep the roads with the backhoe. The Council decided that if it is a one time thing then there is not a problem with us doing it. If they need it done more than once per year then we can come up with a fee.
Council Member Leonhardt said that the bike race is coming up next week and we need to sweep the bike path and the entrances to the areas where they will start and finish. He will get with Mr. Hobbs to have him sweep prior to the bike race.
Discussion regarding the bids for the flowers and planting the flower pots
Last year the cost for all the flowers for the pots was $230. We have received 2 bids this year and the cheapest bid is approximately $2,000. Mayor Hansen suggested that we tell the Beautification Committee how we did it last year and tell them to get a bid from the person from last year. The soil is still in the pot, we just need to plant the flowers in them. We can have the youth group, that is coming here the first of June, plant the flowers.
Discussion regarding purchasing or leasing a postage meter machine
The Council reviewed the bids from 3 different companies for either a lease or a purchase of their machines.
Council Member House made the motion to lease the Hasler postage meter machine based on their bid. Council Member Leonhardt Seconded the motion. All in favor and the motion carried.
Discussion regarding the purchase or lease of a new copier
The Council reviewed the proposed lease for a new copier. Council Member Leonhardt said that we need to ask if there is a maximum number of copies allowed and if there is an additional charge for additional copies so we don’t have higher monthly fees.
Council Member Leonhardt made the motion to lease the copy machine based on the clerks checking on the requirements or allowances on the number of copies. Council Member House seconded the motion. All in favor and the motion carried.
Discussion regarding the Rich County Sheriff’s request for Garden City to assist in a room rental for Hwy Patrol
Sheriff Stacey is asking Garden City to assist in room rental for the Highway Patrol for the summer. They will need 1 room for 2 nights each weekend. The County has agreed to pay half of the bill. The Clerks will find a place that can accommodate them.
Council Member Leonhardt made the motion to pay for a room for the Highway Patrol during the summer for 2 nights each weekend. Council Member House seconded the motion. All in favor and the motion carried.
Job Discrimination/Harassment Training
The Council was given information and training material regarding Job Discrimination/Harassment. They will read the training material.
COUNCIL MEMBER REPORTS
Council Member Seiler said that she is working on getting the traffic study completed. All we need is the signed contract and Mr. John Tabor will get right on it. She said that LTAP also does traffic studies and they may be cheaper. She will call them to see what they charge. Mr. Taber is at approximately $2,500. Council Member Seiler can sign the contract for the traffic study for Hodges Canyon Road intersection.
Buttercup hired TBP Construction to clean out their ditches and fill them with stones. The project is almost finished. Mayor Hansen asked if the roads were ours and our responsibility yet. He said that if we have taken responsibility for them then we need to have them deeded to us. We need to get an agreement with the Buttercup HOA so we know who has the right to do what with the roads.
Council Member Seiler said that she needs help getting the trees out from Hodges Canyon Road. She will contact a company in Logan to see if we can rent a side dumper to help haul them away.
Hodges Canyon Road is deeded to the Town up to where it is paved and above that it is in the Town but not a Town road because it is not to Town specifications. We will see if the county will continue to maintain the road.
Council Member Seiler said that we need to install a few more street signs. She will work on getting the signs and having them installed on Logan Road and Bear Lake BLVD, and also one in Hodges Beach.
Council Member Seiler said that LTAP has completed the road project for us. They have also completed the maintenance schedule for the roads.
Council Member Seiler will be meeting with the Davis’ on Saturday to see what work needs to be done and where things need to go along their property on Hodges Canyon Road.
Council Member House said that he attended the Planning & Zoning meeting and they discussed the conditional use permit for LeGrand Johnson Construction. The Planning & Zoning Commission suggested that we send a copy of the conditional use permit to our Attorney and ask for his opinion. The Council agreed.
Council Member Leonhardt made the motion to pay the bills as presented. Council Member House 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 Town Council meeting at 10:00 p.m. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Kenneth Hansen, Mayor Town Clerk