Meeting Minutes November 2006
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on Thursday, November 8, 2006 at the Garden City Office, located at 145 W. Center, Garden City, Utah. Mayor Hansen opened the meeting at 5:00 p.m.
Board Members Present:
Kenneth Hansen, Mayor
Kathy Hislop Judy Holbrook
Laraine Schnetzer Joan Akre
Kelly Hafen Ivar Akre
Arrin Brunson Jason Linford
Anita Lantz Suzy Wright
Lana Hodges Carmen Madsen
Gerald Hunsiker Pat Argyle
Loretta Fidler Paul Webb
Kathy Anderson Kathy Webb
Frank Smith Gwenda Hansen
Rulon Crosby Brian Hirschi
David Hickman John Alter
Mayor Hansen welcomed everyone to the meeting and had the Council introduce themselves.
APPROVAL OF THE MINUTES
Minutes of the Public Hearing of the Garden City Town Council held on September 14, 2006.
This public hearing was held to receive public comments regarding the proposed water fees.
Council Member Satterthwaite moved to approve the minutes of the public hearing of the Garden City Town Council held on September 14, 2006 as prepared. Council Member House seconded the motion. All in favor and the motion carried.
Minutes of the Town Council meeting held on October 12, 2006.
Council Member Satterthwaite moved to approve the minutes of the Town Council meeting held on October 12, 2006 as prepared. Council Member House seconded the motion. All in favor and the motion carried.
BUSINESS LICENCE DISCUSSION/APPROVAL
Rich Land Title Company, David Hickman
Mr. Hickman explained that they operate Rich Land Title in Logan and they would like to open an office behind the Town & Country Realty. We need a letter from Town & Country stating that they are renting the space to Rich Land & Title.
Council Member Gray made the motion to approve the business license for Rich Land Title Company with the stipulation that they provide the letter from the property owner. Council Member Seiler seconded the motion. All in favor and the motion carried.
Off the Wall, Gwenda Hansen
Ms. Hansen explained that she talked with the Building Inspectors and she doesn=t need a special license to paint or to do the mud, she only needs a business license. The property owner provides the paint and supplies and also takes care of any left over paint.
Council Member Gray made the motion to approve the business license for Off The Wall. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
Bear Lake Home Builders, Mark Hislop
Mr. Hislop is not in attendance at this time so the Council agreed to revisit this agenda item when he arrives.
Discussion with current business license holders:
Lutz Construction, Darren Lutz
Mr. Lutz is not in attendance at this meeting but Mayor Hansen spoke with him today regarding the concerns of the Council. Mr. Lutz said that he will conform with the concerns of the Council. Council Member Seiler said that one of her concerns is the deterioration of the sidewalk. Another concern is that they need a letter from the property owner giving approval for the use of the property. Mayor Hansen explained that there are 3 lots in that area that they are using. Mr. Lutz said that he will remove the driveway that goes to BL Blvd and clean that up. He will get landscaping rocks and put them along 200 north so that they have a specific driveway. Mr. Lutz will make the driveway to the middle lot. It will be used for his business equipment and also for access to the front lot. Council Member Seiler said she is okay with that as long as it is in compliance with the current ordinance.
Council Member Seiler said that Mr. Lutz is using part of Garden City property as part of his parking along 200 north. Mayor Hansen said that he will move back onto the lot. The fence line is the property line and he will move back behind the fence.
The deadline for Lutz Construction to complete this is December 31, 2006. If these items that were discussed are not completed by December 31, 2006 his business license will not be renewed for 2007.
Council Member Seiler reviewed all the current business licenses and she would like it more specific.
The clerks will tag the business license for Lutz Construction to make sure it is complete before his business license is renewed.
Lakeview Cabin, Nate Parry
When Mr. Parry applied for his business license he was in the Bear Lake Realty building, he has now moved to the new business location. Council Member Gray said that it is now just a matter of changing the business location for the new location, which includes the restaurant the motel and the show room.
The Lakeview Cabin business license is for the showroom and the vacant lot. The motel and restaurant are on a separate business license. Mayor Hansen spoke with Mr. Parry and he has agreed to vacate what he is doing with the parking on the vacant lot or he will come talk with the Council to receive approval for that. Council Member Seiler said that there are piles of garbage on the lot which should be cleaned up before his business license is renewed. He also needs to identify his driveway on the empty lot.
The clerks will tag the business license for Lakeview Cabins to make sure these are completed before his business license is renewed.
Funtime Rental, Brian Hirschi
Mayor Hansen said that he talked to Mr. Hirschi and he is in a unique situation where he purchased the business that was already existing. Mayor Hansen asked the Council to be as lenient as possible with the situation. Council Member Gray said that Mr. Hirschi doesn=t have a lot of space there to work with, there just isn=t any space there. He said that we need to be a little flexible with Mr. Hirschi in regard to his location. The biggest concern is what he is doing with his own vehicles.
Mr. Hirschi said that they try to do their best and try to do things to improve the situation. They have paved between the building and the bike path to allow for parking. They try to keep the majority of the equipment off that property and on the lake. He said that he is working on getting more space to store the equipment.
Council Member Seiler said that her concern is the safety of them parking across the bike path. It has been a concern all summer. Mr. Hirschi said that he is not aware of any accidents that have been caused there even because of the parking. Mr. Hirschi said that he has owned the business for about 6 years and it was the same type of business for many years before that.
It is not the intention of the Council to put him out of business, it is the intent to work on safety issues. Mayor Hansen said that he is aware that Mr. Hirschi is working to address the parking issue.
Council Member House suggested that he stripe the parking in front of the building. Council Member Seiler said that the employees may have to park off site and walk. Council Member Seiler encouraged Mr. Hirschi to look around and try to find alternative parking. He should come up with a plan for parking.
Discussion with business owners who have been approved but not completed their requirements
Cook Concrete, Justin cook
Mr. Cook=s business license falls under the same stipulations as Lutz construction.
EZ 2 Plez, Jeff Forsberg
Mr. Forsberg will get the sales tax number to complete his requirements.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL, Rulon Crosby
Mr. Crosby explained that he and his partner purchased the homes on Bear Lake Blvd. from Mr. Dick Williams. He would like to construct a kitchen and 2 bedrooms in the garage area downstairs to create a duplex. They are requesting an over/under duplex.
They=ve met with the Planning & Zoning Commission to discussed the plan. They recommended the Council approve the duplex based on it meeting the building codes.
Mr. Crosby said that the owner of the other house is not planning to make any changes with his home.
Mr. Crosby said that he will probably add the 1,000 feet to the rear of the lot, it is required by the ordinance for a duplex.
Mr. Crosby explained that he met with the variance committee and there was a hung jury regarding his request for the set backs. Ms. Hislop explained that the final vote was to deny the set back variance. Mr. Crosby said that if they could get the approval of the Council to do the right of way between the homes then there would only be one access. Council Member Seiler gave him the access information from the ordinance.
Council Member House made the motion to approve the duplex with the additional 1,000 sq ft added to the back of the lot. Council Member Gray seconded the motion. Council Member Satterthwaite asked about the proper fire code. Mayor Hansen said that he will have to conform with everything from the code. All in favor and the motion carried.
Ordinance #06-33, An Ordinance Providing for the Dedication of Water for the Purpose of Development.
Council Member Satterthwaite moved to approve Ordinance #06-33 with the change of wording to conveyance. Council Member House second the motion. All in favor and the motion carried.
Discussion regarding sample ordinance to create the Garden City Housing Advisory Committee
Council Member Satterthwaite asked that if we went with the Santa Clara ordinance, do we have people in the community that will serve in that capacity? Mayor Hansen said that we have people in the community that have stated that they are willing to serve in the capacity as the Garden City Housing Advisory Committee.
Mr. Frank Smith said that what they were suggesting is just to form an advisory board to look into these matters and they are ready to go asap.
Mayor Hansen suggested that Mr. Smith & Mr. Jared Seamon bring the names of people they are comfortable working with on the committee and then the Council can create the committee by appointment. Council Member Satterthwaite said that would fall under the Boards and Committee Ordinance that was just passed. Council Member Seiler suggested that Mr. Smith & Mr. Seamon put out a notice, collect applications and then they can bring them to the Council for appointment. It needs to go out to the community. We have people in this community that are interesting in doing this and we need to do it correctly. The Council will formally approve an ordinance to govern the committee.
Mr. Smith said that he should be able to come in next month with suggestions for the committee members.
Mayor Hansen asked to move to #8. The Council agreed.
SWAN SPRING CULINARY WATER PROJECT/TREATMENT PLANT UPDATE
Mr. Linford explained that the survey for the treatment plant and surrounding area is one of the most difficult surveys they have ever done, but it is completed. One of the main problems is dealing with the Utah Power property. It has been discovered that the property was deeded to the Cook family so we don=t have to deal with Utah Power. Sunrise can do the site plan now. The plant will be just above the canal. The tank will go on the property from Mr. Hillam. We will be able to maintain the time line of bidding in the winter and start construction in the spring.
One of the problems in Little Switzerland is that the subdivision layout on the ground is about 740' farther to the west than what was originally platted. So the subdivision doesn=t match what is platted. We will have a plat drawn according to what is actually on the ground, and have everyone sign it so everything will match. We won=t take any property from anyone, the plat will just show where their lot actually is.
Mr. Linford has worked with Mr. Al Harrison to start the subdivision process for Mr. Petersen=s property. The Bear Lake Health department is requesting a letter from the Town regarding the septic systems, etc.
We are not purchasing property from anyone. We have an earnest money agreement with the property owners regarding the change of property.
Mayor Hansen said that we are still trying to meet the schedule set by the State but every time we turn around there is something new to deal with.
BUTTERCUP PUMP HOUSE PROJECT
Mr. Linford explained that the project is going good. The piping is good, they have fired up the pumps, we need to install a couple of check valves. It could be on line as quickly as next week. The pressure on the upper street will be about 40 psi.
ROAD IMPACT FEE
Mayor Hansen explained that Sunrise will be working on getting a good road impact fee ordinance together. Mr. Linford explained the impact fee for roads and proposed that we look at the transportation master plan and see what projects that were identified in the plan. We also need to determine if there are other projects that we could use impact fees for. The new residents are causing the greatest impact. We need to calculate the cost for those projects and determine the impact of the developments that will come in. We should also determine the impact of the existing users, etc. That is the type of things that they will be looking at for the study then they will provide us with the fee schedule. It is a study to prove that we are charging fair and equitable impact fees.
Mayor Hansen said that our greatest challenge in the community is a secondary corridor. We need to look at the budget to determine if there is money to spend on this study. Mr. Linford said that it will just be basically an hourly rate. The Council requested a bid breakdown from Mr. Linford for what it would cost.
Mr. Linford explained that the GIS programer will come over with the program to load onto our computer. He can do the training at that time. He will generate zoning maps from the aerials. Homeland Security will provide the funds for the GPS unit. Mr. Nielson just needs a letter requesting reimbursement.
We can work on the street planning map before we actually approve the map.
Mayor Hansen said that he would like to discuss a change to the 3rd west route and a better direction for it by Hodges Canyon Road.
BUSINESS LICENSE DISCUSSION/APPROVAL
Bear Lake Homebuilders Association, Mark Hislop
Mr. Hislop explained that he would like to form a homebuilders Association for Garden City, Rich County and into Idaho. Mr. Hislop said that he is trying to increase the quality of building in this area and promote the good builders. He will have an office in his new home, at 35 west 150 south, but most of his work will be done out in the community, either traveling or by cell phone. Mr. Hislop said that it is a non-profit association. He hopes to be a satellite charter of the Cache Valley Board Association. If not, he will have to get approval from the Utah State Homebuilders Association.
Mayor Hansen said that if it is a non-profit organization then he probably doesn=t need a business license. Mr. Hislop said that he will be conducting business, he will be taking money for advertising and dues. Mr. Hislop is already incorporated and has his tax numbers for Bear Lake Homebuilders Association, it is an LLC. He has the Federal EIN number, he will not be collecting sales tax so he will not need that number. He will not have payroll or unemployment taxes at this time. He may have an employee in the future.
Council Member Seiler said that if this is an association we don=t have a business license for that. Mayor Hansen asked how we would regulate it, and he is not sure why we would regulate that. Why wouldn=t we give him the business license? Mr. Hislop said that he met with the Cache Valley Home Builders Association today, but he doesn=t know if they have a business license.
Mr. Hislop said that Cache Valley Homebuilders Association is okay with him starting and association here. He feels that it is a good time to showcase what we have here.
Council Member Seiler said that she wants to be sensitive to the people who have concerns with the extra traffic going to the home. Mr. Hislop said that most of the business will be conducted while he is traveling, meeting with people or on his cell phone.
Council Member Gray made the motion to approve the business license for Bear Lake Home Builders Association. Council Member House seconded the motion. All in favor and the motion carried.
Discussion regarding sample ordinances to create the Garden City Land Use Authorities and Appeals Authority.
Council Member Satterthwaite said that how they listed the different authorities in the sample ordinance is correct. It can be the Planning & Zoning Commission, the Town Council, or the Board of Adjustments depending on what authority is given to them. We need to differentiate who has the final authority. We need to create our ordinance once we designate who we are going to give the final authority to. We need to break it down for the different boards.
We originally talked about the Council being the LUA and keeping the Planning & Zoning Commission as the advisory board and we can keep it that way but we can give them final authority as dictated by ordinance. We would just be delegating out authority of who is doing what.
We also need to determine when the decision is final, i.e when the decision is made or when it is put in writing. We also need to determine the time line for an appeal.
Council Member Satterthwaite discussed the Appeals Authority and who has been appointed in the different cities.
Mayor Hansen suggested that we have a workshop to create the ordinance. Council Member Seiler suggested that we have someone from the Cities and Towns come and help with the ordinance. The date for the workshop will be 16th at 6:30 p.m. depending on who we can get to come and help.
Discussion regarding proposed changes to the Garden City Ordinance, Title 3 Municipal Government, Chapter 3-100, Municipal Governing Body.
The Council reviewed the ordinance and we will reformat it and bring it back next month.
Discussion regarding proposed changes to Garden City Ordinance, Title 3 Municipal Government, Chapter 3-400 Administration.
This ordinance will also be reformatted and brought back next month for discussion.
DISCUSSION WITH CURRENT BUSINESS LICENSE HOLDERS
Lakeview Cabins, Nate Parry
Mr. Parry owns all the property from the restaurant to the fence line of the gravel pit. The correct address should be 98 W 200 N. Mr. Parry has a lease option which he is exercising on January 15th, 2007. The Lakeview Cabin business license is for contractor and sales. He has a separate business license for the restaurant and motel. He also owns the house. New Freedom Mortgage and Bear Lake View Cabins is also ran from 98 west 200 north.
The empty lot is connected and is all one tax ID number. The storage sheds are also on this property. The motel is going to be demolished and the trailer should be gone by January 15, 2007.
Mr. Parry said that his plan is to demolish the hotel and make it gravel parking for the restaurant. He wants to build a fence around the storage sheds to enclose some of the extra storage there.
Council Member Seiler said that one of the issues is the outside storage. It is not allowed with his current business license.
Council Member Seiler said that he needs to define an access and also do a landscape plan to be approved by the Planning & Zoning Commission. Mr. Parry said that the requests of the Council is not a problem and he will take care of it. He would like to continue the outside storage but it would be closed in with a fence to make it more cosmetic. Council Member Satterthwaite said that the way it is now with all the equipment is a hazard and that is why he should define the ingress and egress. Mr. Parry said that he will have a work truck coming in and out. Council Member Seiler said that he needs to define the driveway. Mayor Hansen suggested that he build a site barrier fence, that would really help. He also needs to do some type of landscaping, cleaning up the yard and define the driveways. Mr. Parry said that he could put in boulders to define the access.
The Council agreed that he may not be able to have all this done by the end of the year so the Council said that Mr. Parry needs to bring in a plan with the deadlines for what he is requested to do.
DISCUSSION/DECISION REGARDING CONTINUING THE RASPBERRY DAYS FESTIVAL.
Council Member House made the motion to continue with the Raspberry Days Festival. Motion died for lack of second.
Council Member Satterthwaite said that the consensus of those present during the public hearing was to continue. Mayor Hansen said that he feels that it is time to make some changes. He said that he is concerned about the trash, it is a problem. We need to make sure that we address the problems that were raised during the public hearing.
Mr. Frank Smith suggested that we plan to do a city wide clean up and then have a cook out right after the clean up.
Raspberry Days is still a benefit to the Town and it creates an identity for us.
Council Member Seiler said that it sounds like we are in support but we need to make some changes. We need to get it going soon.
Ms. Laraine Schnetzer said that she will help with the changes. She said that we need to have an advisor from the Council to come to the meetings. We should also have someone from the Chamber help.
The Council agreed to continue the Raspberry Days with the committee addressing the changes that need to be made.
JULY 1, 2005 - JUNE 30, 2006 AUDIT REVIEW, Gary Teuscher, CPA
Mr. Teuscher is not in attendance. This will be an agenda item in December.
REVIEW OF LETTER OF CREDIT FOR ELK=S RIDGE PHASE I, Frank Smith.
Mr. Smith said that everything has been completed for Rocky Mountain Power and it should be completed within the next few days. All the conduit is in so all they have to do is pull the wire and set the boxes. This project is designated to the Wyoming crew.
All the sweeps are in for the pump house, they have ordered the pumps and they should be here within a week. It will be the same type as was installed in the Buttercup pump house.
There is one section of water pipe that they decided to move so now it is on the edge of 4 lots.
The tank is ready to go and everything has been paid for with the exception of $5,000 worth of pipe.
Council Member Satterthwaite said that this letter of credit is for phase I. What he has discussed is to complete phase I so the property owners can get building permits to build.
APPEAL FOR CONSIDERATION OF WATER FEE CHARGES, Mr. Richard Lee
Council Member Gray made the motion to deny the request to appeal the turn on fee of $100 and the turn off fee of $100 based on the fact that the burden falls on the owner, to make sure the payment is made, not the postal service. Council Member House seconded the motion. All in favor and the motion carried.
INCREASE OF WATER RATES
We will start the billing change in January so the increase will show on the bill that will be sent in April.
New library town hall designs
Mayor Hansen said that our last CIM meeting was a good meeting. They discussed the vision of what we will do for the library/town hall. We need to get a list of the things to go in the building and give it to someone to do a site plan. Council Member Satterthwaite said that we have to advertise for bids for this. It should be advertized in the Herald Journal and locally. Mayor Hansen will write up what we are looking for in the building.
Council Member House made the motion to move forward with that request. Council Member Gray seconded the motion. All in favor and the motion carried.
Board/Employee Christmas Party
The Board/Employee Christmas Party will be on December 15, 2006.
Logan Canyon Scenic Byway Management Team Representative
Mayor Hansen explained the management team and said that we should have someone represent the Town. Council Member Seiler said that she will try to go if she gets the notices.
COUNCIL MEMBER REPORTS
Council Member House said that the Planning & Zoning Commission had their first major issue with the Crosby subdivision. It was just conceptual so they have a lot of work still.
Council Member Satterthwaite said that she contacted the planning consultant and she would be willing to come but all the time she can give us would be maybe a 2 day workshop and her charge is $1500. Council Member Satterthwaite said that there should be others that are willing to help us. She will look for someone else to help.
Council Member Seiler said that she is struggling with the sidewalks. The sidewalk issue becomes a problem as it gets later in the season so she will work on the sidewalks next spring.
The street signs look really nice.
Council Member Seiler said that she is still working on getting someone to take down the trees.
Mayor Hansen said that Mr. Norm Mecham has the documents ready for the Hodges Canyon Road and we will start getting the plat signed. Council Member Seiler will draft a contract for Mr. Mecham to sign stating that we can drop the trees and burn on his property.
UDOT would like to know if we have any safety concerns. The concerns listed are the intersection, the speed limit in Town and parking on Bear Lake Blvd.
Council Member Satterthwaite moved to appoint Jennifer Negus to be the Beautification Chairman and choose her committee. Council Member Seiler seconded the motion. All in favor and the motion carried.
Council Member Satterthwaite moved to approve the payment vouchers as presented. Council Member Gray seconded the motion. All in favor and the motion carried.
There being no further business to discuss, Council Member House made the motion to adjourn the meeting at 9:00 p.m. Council Member Gray seconded the motion. All in favor and the motion carried.
Kenneth Hansen, Mayor