Meeting Minutes May 2008
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on May 8, 2008 at the Garden City Office, located at 145 W. Center (Logan Road). Council Member House opened the meeting at 5:00 p.m.
Roll call of Council Members Present:
Kenneth Hansen, Mayor
Council Member House called for a roll call of the Council Members present. Council Member House explained that he will be acting Mayor for tonight=s meeting because of the absence of Mayor Hansen.
APPROVAL OF MINUTES
Minutes of the Town Council meeting held on April 10, 2008 were reviewed by the Town Council.
Council Member Huefner made the motion to approve the minutes as written. Council Member Schnetzer seconded the motion with one correction noted on said minutes. All in favor and the motion carried.
Minutes of the Executive Session held on April 10, 2008 were reviewed by the Town Council.
Council Member Schnetzer made the motion to accept the minutes for the executive session held on April 10, 2008. Council Member Huefner seconded the motion. All in favor and the motion carried.
Minutes of the Public Hearing held on April 10, 2008 were reviewed by the Town Council.
Council Member Leonhardt made the motion to accept the minutes for the public hearing held on April 10, 2008. Council Member Huefner seconded the motion. All in favor and the motion carried.
SWAN SPRING CULINARY WATER PROJECT/TREATMENT PLANT UPDATE
Mr. Evan Simpson explained that he is representing Sunrise Engineering tonight. He explained that we will progress with the bond closing in the next two weeks and then we will be in a position to award the bond to Build Inc. Then the construction can commence the first of June and should be done in late fall. There were no questions from the Council
BUILDING INSPECTOR REPORT, John Abraham
Mr. Abraham explained that he had a few building permits pulled in April for approximately $6,000 in revenue.
Council Member House explained that the Planning Commission asked about the yellow on the lighthouse, which is not in consistency with our community. The asked Mr. Abraham to address this issue with the owner, which Mr. Abraham agreed he would. Council Member House said that maybe the yellow color is just a coat of primer. It was a unanimous decision of the Planning Commission for Mr. Abraham to work this out with the owner of the building.
The Planning Commission also had a concern regarding the parking at the development of Mr. Dahl which is just east of the post office. They were concerned that there aren=t enough parking for the businesses that are there and based on the original plans. They have not added any additional buildings of what was submitted and approved. We need to find the original plan that was approved for that project. Council Member Leonhardt said that if they haven=t changed the original plans of the buildings then that was what was approved. Council Member House asked that Mr. Abraham make sure that the propane tank is buried and that he let the Council know what is going on there.
There is also a question on the Texaco and the parking areas. There are playground equipment and sheds in the parking area. Council Member House said that they have blocked off the parking in the back. Mr. Abraham will talk with the owner of the Bear=s Den and tell them that they need to move the items out of the parking area before Memorial Day.
Mr. Abraham has issued a building permit for the home at 465 S. Bear Lake Blvd but when he issued the permit he talked to the owner about cleaning up the property. The addition is one room in the back of the house. The owner is tearing down the old room and replacing it and also bringing the inside of the house up to code.
WATER OPERATOR REPORT, Travis Hobbs
Mr. Hobbs passed out his budget request for the next year. He said that they will need a skid steer for work around the Town and also so they can have a mower attachment to mow the sides of the roads. They will also need a forklift at the treatment plant and so they got a bid from Wheeler on a rental for the forklift and the skid steer, which will be about $6,500 per year. That will be a lease for 4 years. The mower attachment for the skid steer will be about $2000. The skid steer will be used for a fork lift, a loader, a mower, etc. That bid is a government bid.
They are requesting that we budget so they can rent a front end loader to help keep the roads open in the winter. They are having a hard time keeping the roads open on the hills during the bad winter storms. This last winter we hired 2 different companies for 3 days worth of work that cost us about $3,600. We could rent our own front end loader for $3,000 for 2 months and then we can take care of that ourselves.
Mr. Hobbs is also requesting an ice melter which melts the ice and opens frozen water lines. A new ice melter costs about $5,000 and he thinks that the Bear Lake Water Company would like to go in half on one.
There isn=t a line item budget amount for tools, hand tools so Mr. Hobbs is asking for a line item on the budget for tools.
Mr. Hobbs would like the Council to put money aside each year for a new plow truck which we will probably need in the future. He would like us to put money aside so we have something to purchase one in the future.
Mr. Hobbs would like to get a tough shed for the park for a place to store the mower and the gator and some hand tools.
Mr. Hobbs said that they awarded the bid for the remodel of the restrooms at the park. The bid was $19,425. That is for 3 new toilets a urinal, new drywall, repaint the outside, new outside doors, etc. The mens restroom door is not handicap assessable so it needs to be cut out and changed to make it handicap assessable. It is a big project.
Mr. Hobbs said that they found the valve at the park so they will replace it and fix it so it won=t leak anymore.
Mr. Hobbs explained that the state is coming up this week to do the sanitary survey. They have been repairing a few things that they needed to update like locks etc. All the water areas are now secured.
Mr. Hobbs will request a bid for a new fence to be replaced or repaired around the springs.
They are waiting for LeGrand Johnson for some asphalt repair. They are working on getting up a few street signs. They have been installing the radio read meters when they install or replace new meters.
They have learned how to take GIS points so they can work on better maps of the water lines, etc.
Council Member Huefner asked Mr. Hobbs to keep a running list of the asphalt needs so she can add to that also.
Mr. Hobbs said that Mayor Hansen would like to do the bike path by Harbor Village in conjunction with 3rd west turn lane. Council Member Huefner said that we should get the bike path done and not wait, the Council agreed. Mr. Hobbs will work on getting a bid together for the bike path by Harbor Village.
Council Member Huefner said that the mag water will be coming soon, Greg and Carol Bills will be working on that with Mr. Hobbs help.
Mr. Hobbs asked if the Council is going to accept the road that accesses the Negus property. He explained that the County Road Manager told him that they were not going to maintain that road because it was annexed by Garden City. Mr. Hobbs said that if the County isn=t going to maintain it then we should make sure that it doesn=t get forgotten. Council Member Leonhardt said that we won=t take that road over until it is up to Town standards. Council Member Huefner said that since we annexed them into the Town then it posses a problem because the county doesn=t want to maintain roads that aren=t in the County. The Council agreed that this will take further discussion.
BUSINESS LICENSE APPROVAL/DISCUSSION
Dahl Holding LLC., Lori Dahl
Ms. Dahl explained that they own the buildings and they are renting the 10 units at 65 W. Logan Road. There could be double units in some of the buildings. Ms. Dahl drew a picture of the layout of the buildings and the parking area which has about 30 parking spaces. Council Member Leonhardt said that this development with the buildings and the parking has already been approved. Council Member Huefner said that she would like to see the parking layout for safety issues. Council Member House said that there may be some problems in the future depending on what type of business goes in there.
Council Member Huefner said that she wants to go on record that it is too dense and the parking needs to be specific. She said that she wants to see the parking stipulated and designated. Ms. Dahl said that they don=t plan to pave the parking this year. Council Member Huefner said that paving the parking would help. Council Member Huefner said that she would like them to stipulate where the parking is located. They could put signs on the fence where the parking is to be.
There are 2 public restrooms in the project. They are assessable from the outside.
Council Member Leonhardt said that the parking may be an issue and may need to be re-addressed after this year but the project has already been approved. The plans and everything have already been approved so now they are just asking to conduct business out of it.
Council Member Leonhardt made the motion to accept the business license application for Dahl Holding, LLC. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
Quiet Corner, Heidi Dexter
They are not in attendance so the Council will come back to this agenda item if they show up.
Yellow Snow Hawaiian Shaved Ice, Tessa Dahl
Ms. Dahl said this building will be in the second building from the front. She will be selling shaved ice and smothies. This unit doesn=t have a public restroom but there are restrooms in the development.
Council Member House said that he has a conflict with this issue because his wife sells shaved ice at another business.
She does have a tax number and will get it to the clerks prior to the business license being issued.
Council Member Leonhardt made the motion to accept the business license for Yellow Snow Hawaiian Shaved Ice. Council Member Huefner seconded the motion. Council Member Schnetzer asked about adding smoothies to the application. Council Member Leonhardt told her to make sure that they have all the health deptartment requirements taken care of. All in Favor and the motion Carried.
Bear Lake Landscaping, Bryce Huefner
Council Member Huefner said that she has a conflict and will not be in with the discussion.
This request is just to add to the current business license that they will be renting landscaping and construction equipment.
Council Member Leonhardt made the motion to allow Bear Lake Landscaping to add rental of landscaping and construction equipment to their current business license. Council Member Schnetzer seconded the motion. A roll call vote was taken, Council Member Scnetzer, for; Council Member Leonhardt, for; Council Member Huefner, obstained. Motion carried.
SHORT TERM RENTAL DISCUSSION/APPROVAL
Inn at Snow Meadows, Greg & Carol Bills
This request is for the short term rental of the 2 homes in Snow Meadows. Mr. Bills asked for clarification on the occupancy limitations. It was explained that for every 100 square foot of sleeping space that is measured is included in the calculations. Mr. Bills said that they have more than adequate parking for their guests.
Council Member Huefner made the motion to accept the Bills application for short term rental application, pending the inspection. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
ZONE CHANGE DISCUSSION/APPROVAL
Mr. Lamar Spencer is not in attendance tonight. The Planning Commission recommended that this request be denied. If Mr. Spencer comes to the meeting later the Council will address this requests. The Council was given a letter from an adjacent property owners regarding this request.
SUBDIVISION PLAT DISCUSSION/APPROVAL
Maple Draw at Shundahai, Norm Mecham
The Council read the comments and recommendation from the Planning Commission. Council Member House explained that the Planning Commission approved the preliminary plat for Maple Draw. Mr. Mecham explained the changes which were discussed last night. The changes suggested were to move the entrance and eliminate the one lot right off the entrance. The road widths will remain the same, which will be a 24' travel way with a 3' on each side for a biking or walk way. That gives them a 10' area to do something with before it gets to the property line. That makes the road width a total of 50'. They want to do a landscape area there which will be an area for water drainage and a place to plow snow to. They will extend the driveways out to the bike path.
They will allow short term rentals in this area but it will be limited because of the 6 parking spots, which they have for each unit.
Mr. Mecham explained that this development will be close to hole number 7 of the golf course, so they didn=t include open space in this plat. Mr. Mecham explained that if it was plated in this subdivision then the people who own in the subdivision would have exclusive claim to that open space, which is the 7th hole of the golf course. They are committing open space next to it in the golf course so everyone in the entire development can use it.
Council Member Huefner asked what happens if the economy goes down and the golf course had to be sold, where is the open space. Mr. Mecham said that they can dedicate that to open space so it will remain open space even if the golf course is sold. They can dedicate so that if something happens it will be dedicated for their use as open space.
Council Member Schnetzer asked about the entrance, the ingress and the egreess and how they connect to the other phases. Mr. Mecham showed their master plan and how the road system connects through their development and to 3rd west.
Council Member Leonhardt made the motion to approve the preliminary plat with the changes that have been explained. Council Member Huefner seconded the motion. All in favor and the motion carried.
Mr. Mecham will prepare a legal description for the area of the dedicated open space for this plat. It will meet the PUD open space requirements.
Ordinance #08-09, An Ordinance of the Town of Garden City regulating encroachments on the Town Right-of-Way or other public properties, providing for the issuance of encroachment permits, collection of fees, and providing penalties for violation thereof.
Council Member Huefner explained that during the Planning Commission meeting they decided to rescind the section in the ordinance book which regulates bore and cutting.
The utility companies will not be charged a fee for an encroachment but they will need to fill out the application for permit. All others will be charged a fee and also will have to fill out the application for permit.
We will keep the current application.
Council Member Schnetzer made the motion to accept the encroachment ordinance. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Ordinance #08-10, An Ordinance to update the commercial zone within the Town of Garden City, to create separate zoning areas and establish the requirements for each zone.
Planning Commissioner Ballingham explained that this ordinance was discussed last month during the Planning Commission meeting and also during the Town Council meeting. It was updated with the with the changes that were requested last month. Commission Member Ballingham asked if there were any questions or concerns with the ordinance as presented. There were a few typographical changes that were made to the ordinance.
Another concern mentioned is that with this ordinance it puts the architectural standards and parking requirements in 2 different places in the ordinances. Commission Member Ballingham said that they discussed that during the meeting last night. He explained that they are requesting that the Council rescind the current architectural standards and replace it with the architectural standards as proposed in the commercial zone ordinance. Commission Member Ballingham read the changes as proposed by the Planning Commission.
The Council discussed applying the architectural standards to residential structures in the commercial zone. Commissioner Ballingham explained that we are trying to be somewhat symmetrical in the look of the structures in the commercial zone. The Council agreed to apply the architectural standards to residential structures in the commercial zone ordinance.
Council Member Huefner stated that the 75% requirement for wood, rock, etc. on 3 sides of the structure may be too much to ask.
The parking section of the proposed ordinance was discussed regarding where to place it in the ordinances. It was discussed of leaving it in the commercial section or putting it in the parking section of the ordinances.
Council Member Leonhardt said that he would like to see the ordinance come back to the Council with the changes made and in writing. The Council agreed that we need to bring back the ordinance as a finished product next month. Planning Commissioner Ballingham asked for a motion accepting the ordinances and including the additions that were discussed tonight.
Council Member Leonhardt made the motion to accept the amendments and we would like to see it on the ordinance but it won=t be approved until next month with the appropriate changes. Council Member Huefner seconded the motion. All in favor and the motion carried.
The decision on the parking is that it should be in one place in the ordinance, leave it where it is right now in the ordinance, and the commercial ordinance will reference the parking ordinance.
The Council discussed creating a zone for a sexually oriented business. The Council discussed including sexually oriented businesses as a conditional use permit in the C2 Commercial zone where they will be buffered from the rest of the community. Commissioner Ballingham said that if you don=t plan for it someone else will do it for you.
Council Member Schnetzer made the motion to add the sexually oriented business as a conditional use permit in the C2 zone. Council Member Huefner seconded the motion. All in favor and the motion carried.
ZONING MAP DISCUSSION AND REVIEW
Commission Member Ballingham showed the proposed map and stated that this is only taking the current commercial zone and separating it into three commercial zone areas. He explained the uses of the different proposed zones.
We will need to send notices to all the property owners who will be affected by the zone changes. The Planning Commission will have another public hearing prior to their next meeting to address the zone changes. Commissioner Ballingham will review the ordinance with the changes before it is sent to the property owners.
CLARIFICATION OF PLANNED UNIT DEVELOPMENT AND PLANNED RESIDENTIAL UNIT DEVELOPMENT PROCEDURES,
Commission Member Ballingham explained that his concern is the same as many of the Planning Commission that with all the new ordinances they feel that we all may needs some additional training. We may not completely understand all the new ordinances and how they work.
Commission Member Ballingham said that he is very concerned that last month the Council approved the Cobblestone Development for a PUD permit. He said that there is no such thing as a PUD permit, that it doesn=t exist in the ordinances because there is no definition. A PUD requires a mixed use.
Commission Member Ballingham said that his main concern is with the Cobblestone Development and what was discussed by the Town Council and what was approved with their development. He said that the Planning Commission puts in a lot of work on these projects and felt that the Council didn=t support the work that they did on that project. He also said that a precidence was set last month that if they don=t like what the Planning Commission says they can always come to the Council and they will approve the project.
Council Member Huefner said that this project came in as the first project with the new ordinances. She stated that we are still learning and the Planning Commission is still learing. She said that most of the time when the Planning Commission makes a recommendation or gives comments on a project they listen to those comments and act based on the comments. She said that this project was emotionally charged and had outside influenced.
Council Member Huefner said that the Council is aware that the Planning Commission has worked hard on the ordinances and they also work hard on the ordinances. She stated that there were some special circumstances with the project last month and that is why we did what we did.
Council Member Leonhardt said that the Planning Commission shouldn=t take it personally. They have the right to come to the Town Council to have their project reviewed by the Council also. The Council has the right to approve something that the Planning Commission didn=t on a case by case basis. The Council does take into consideration what the Commission recommends to the Council.
Council Member Huefner said that project was a special case, we will all go forward and follow the ordinances. We need to be careful and live by the spirit of the law other than the letter of the law every time. It was a special case because the ordinances were so new and we were making so many changes and there were so many emotions connected to this project.
Council Member House said that they will have to come back anyway because that was just a PUD similar to a concept plan. Council Member Schnetzer said that it was a PUD, just a concept plan and we understand that there will be changes that need to be made.
Commission Member Ballingham said that we all need to be on board. We need to contact Mr. Webb and tell him that he was given something that didn=t exist. We are fine with the conceptual plan but he needs to come back for further direction with his project.
Commission Member Ballingham asked that a Planning Commission Member be and advisor to the Council during the discussion of the projects that they have had discussion on. Council Member Leonhardt said that if a Commission Member is here in the audience then we will give them time to address the Council regarding the Planning Commission discussion.
Commission Member Ballingham asked for a motion that in the future on every project that the Planning Commission be given key moments or at least consulted as to what the Planning commission discussed. Council Member Leonhardt said that the Planning Commission will be give time to address the Council. Commission Member Ballingham said that the Commission Member shouldn=t be an audience member it should be someone who is an advisor to the Board.
The Council agreed that we will certainly call on the Planning Member to give information to the Board.
The Town Council said that we don=t need a motion regarding this issue.
Council Member Huefner said that the Planning Commission discussed having a planner contracted by the developer so they can sit down with them and go over the ordinances and what they need to do according to the ordinances. Council Member Leonhardt said that we need to start the pre-meetings up again. They did a lot of good because it gave the developer a lot of insight on what they needed to do before they got to the Planning Commission or Town Council.
Town Clerk Hislop said that if the PUD/PRUD doesn=t exist according to the ordinances then we need to get the ordinance corrected so that this doesn=t happen again.
The Council agreed that the conceptual plan is the first step of a project. The preliminary is the second step and you only need a conceptual plan and a preliminary plan for the entire project. The final plan is for each phase.
APPROVAL OF COMMITTEE/BOARD MEMBERS
Council Member Schnetzer gave a list of the Library Board Members: Mike DeBloois, Marty Adams, Anita Weston, Melissa Spuhler, Carrie Knapp, Loretta Fiddler, Susan House, Afton Floyd.
Council Member Huefner made the motion to accept the Library Board as constituted. The motion was amended to appoint Ms. Loretta Fiddler as the Deputy Recorder to take the minutes for the Library Board meetings and Mr. Mike DeBloois is the chair. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Huefner gave a list of the Transportation Board Members: Jim Ruggles, Fran Thomas, Frank Smith, Ted Wilson, Don Hunt.
Council Member Leonhardt made the motion to accept the names for the Transportation Board. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
They will give the members a term and when they will expire. They do need to be staggering.
Clerk Hislop stated that a copy of the minutes need to be kept in the office.
TENTATIVE BUDGET APPROVAL FOR JULY 1, 2008 - JUNE 30, 2009
The Council Members reviewed the proposed tentative budget as presented. Amendments were made to the budget.
Council Member Huefner made the motion to accept the tentative budget for July 1, 2008 - June 30, 2009 and fill in the figures for the enterprise budget after the loan has closed. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
OPEN THE BUDGET FOR THE FISCAL YEAR JULY 1, 2007 - JUNE 30, 2008 TO ADD ADDITIONAL EXPENDITURES AND REVENUES
Council Member Huefner made the motion to open the current years budget. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
The additional expenditures and revenues were discussed to add to the current budget. The list is attached.
Council Member Huefner made the motion to accept the figures and plug them into the correct places in the current budget. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
UPDATE ON GRANT PROJECTS
The final application has been submitted. We are just waiting for the environmental review and then all the paperwork will be completed.
Scenic Byway Grant
Council Member Huefner stated that she won=t know about this grant until July 15, 2008.
UPDATE ON THE PROGRESS FOR THE NEW LIBRARY/TOWN HALL
Project Manager Update
Ms. Bobbie Coray, Project Manager explained that we all have plans for the renovations. She has sent the plans to an engineer and they will figure a cost to have them engineered.
We have publicized for bids for the renovations of both buildings. We should be able to start on the demolition the first week of June.
Ms. Coray has show the plans to everyone that she can so she can get their ideas.
Council Member Schnetzer made the motion to ask Jordan Hardinger to maintain the pool while he is living at the Canyon Cove. Council Member Huefner seconded the motion. All in favor and the motion carried.
The Council Member review the proposed Rental Fee Schedule.
The Council agreed that we need to add to the rules that pets are not allowed with the exemption to guide dogs.
The Council discussed allowing specific groups being exempt. They determined that to be exempt they must come before the Council to be approved.
Council Member Leonhardt made the motion to accept the fee schedule as amended. Council Member Huefner seconded the motion. Council Member Huefner amended the motion to include that pets are not allowed with the exemption of guide dogs. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Office Space Rental Cost
The Council discussed how much to charge for the Tourism and the Bear Lake Regional Commission. We will take care of the utilities but they are not allowed to use our office equipment.
Council Member Huefner made the motion to charge the Convention and Tourism Bureau $300 for their space which does include lights and utilities but not office equipment. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
Council Member Huefner made the motion that the charge for any other office space will be based on the square footage to include utilities with no access to town equipment. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
The Council Members suggested John Alter, John Spuhler or Chuck Stocking. They agreed to ask Chuck Stocking to update the website.
Request for Water Turn off fee Reduction
Mr. Scott Symes had his water turned off for delinquent fees and he is requesting that he won=t have to pay for water until he is ready to use it and also not pay the turn off, turn on fee.
The Council agreed that he needs to pay his water bill as the policy and ordinances state.
Reconveyance of Land
Town Clerk Hislop explained that Ms. Marilyn Adams, from Hickman Title, sent a note today stating that she did a title report for this building and the Trust was never reconveyed when we purchased the land for this building. We will contact Mr. Arlo Price to have him sign the reconveyance.
Town Clerk Hislop explained that she went to the County Commission meeting to have the proposed annexation of over 1000 acres approved to be annexed into the Garden City Town limits. The Commissioners explained that they were fine with the annexation. They cautioned Garden City because that takes all that acreage out of their Urban Wildlife Fire Suppression. The County has an insurance fund that will pay if there is ever a fire in that area. The Town is not able to participate in that suppression fund so if there is a fire then we would be responsible for the costs to fight the fire.
They also said that we annexed property that included the road that goes to the Negus home. Because we annexed that property it is no longer a county road and they will no longer be responsible for it, it is not a town road. The Council agreed that we may need to negotiate on the maintenance and upkeep on that road. We need to get the Mayor involved in that negotiation.
COUNCIL MEMBER REPORT
Council Member Schnetzer explained that we have a contract for the remodel of the restroom at the park. They also, found the water valve and they are working on the sprinkler system at the park. They are doing a great job.
Council Member Schnetzer said that Mr. John Spuhler will be the Chairman for the Raspberry Days Breakfast.
Council Member Schnetzer is working with the Beautification Committee to get started on special projects for them
Council Member Huefner met with UDOT and they are willing to put in 3 stop signs at the junction so it will be a 3 way stop. They are also willing to put in a flashing light at the intersection. They won=t do it this year, they need to do more of a study. Sheriff Stacey said that he would rather have a stop light or a flashing caution light at the intersection, other than the 3 way stop.
UDOT also wants a resolution from the city stating that we are requesting them to make the highway parallel parking, not a angle parking. They can=t do signs on the highway until the resolution is done. Council Member Huefner will draft the resolution.
We are still waiting for UDOT to determine if we need a left turn lane onto Paradise Parkway going south.
UDOT will also put a warning flashing light at the Marina.
Council Member House made the motion to accept the payment vouchers as presented. Council Member Schnetzer seconded the motion. All in favor and the motion carried.
There being no further business to be discussed, Council Member House made the motion to adjourn the Town Council meeting at 7:55 p.m.
Kenneth Hansen, Mayor