Meeting Minutes October 2005
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regular scheduled meeting on October 13, 2005 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the Town Council meeting at 7:00 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Mayor Hansen welcomed everyone to the meeting tonight.
Mayor Hansen introduced the new Youth Council, Nick Pope, Mayor; Spencer Hansen, Lindsey Hansen, Adam Cook and Bryan Stringham as Youth Council. John Hansen is not in attendance but is the Recorder. Mayor Hansen stated that we have had a good turnout from some of the Youth Council with some of the functions of the Town and we hope to expand their capabilities and expectations. We want to get them to come before the Council to request approval for specific projects that they want to see done. We encourage them to have some activities designed for the youth.
All of the Youth Council was sworn in with the Oath of Office.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL, Troy Petersen
Mr. Petersen explained that there are not a lot of changes in his plans since last spring. The south side of the building will follow the architectural standards with the rest to be the metal building. Council Member Wride said that Ordinance #11A-15 states that mansard roof or a one-way pitch roof is not permitted. It will have to have a pitch with a ridge. Mr. Petersen said that he was under the impression that the change to the ordinance that was made in the spring was that the architectural standards apply to the front of the building, which faces the street only. He said that the Planning & Zoning Commission discussed the roof but it was okay with them. Council Member Wride said that she feels the Planning & Zoning Commission overlooked that requirement. Mr. Petersen said that he wants to have two buildings and the shop will have the two way pitched roof but the building in the back won’t have the pitch, he will have a parapet roof off the front. Council Member Wride said that it is clear in the ordinance that that type of roof is not allowed. Mayor Hansen said that if it is facing the road and it meets the architectural standards then it should be fine. He will have a 4-12 parapet roof on the front of the shed.
Council Member Wride said that the ordinance states that you have to have a pitch roof, 4-12 and no shed.
Mr. Petersen said that he is here now for approval for both buildings. He wants to know where he stands. He is also planning on doing some nice landscaping.
Mayor Hansen read the comments from the P&Z. No raw materials stock piles such as topsoil, gravel, and rocks. Etc.
Council Member Wride said that she is concerned that the ordinance requires a 4-12 pitch and if we allow them to have a 2-12 pitch then we are giving a variance and we don’t have the right to do that. We need to follow the ordinance.
Mr. Petersen said that the ordinance states that the architectural standards apply to the road side of the building and he is following the standards on the road side of the building. Council Member Price said that there is a problem because it addressed in the ordinance. Council Member Wride said that this is the problem with changing the ordinance so fast.
Mr. Petersen said that the point of him building this second building is to make the property nicer and to keep things enclosed so isn’t all outside. He said that he doesn’t want to have all the snow falling where he is trying to drive into the building, which will happen if he builds the roof with the 4-12 pitch. He is okay with doing the parapet roof to dress up the building.
Mayor Hansen read through Ordinance #11-502, which states that the standards shall apply only to the sides of the building, which are facing streets. This is stated under exterior elevations.
Council Member Wride said that the way the other Council Members are talking is just to eliminate Ordinance #11-503 because wouldn’t be relevant. Council Member Gray said that he is having a hard time understanding it, does the ordinance apply to this building or not? Mayor Hansen said that there is still a conflict between this ordinance and industrial type settings. Council Member Price said that if the roof were facing the street it would have to be a minimum
4-12 pitch, but it is not facing the street. Council Member Wride asked how do you face a roof?
Council Member Wride said that we need to go with what our laws say. Mayor Hansen said that we need to come to grips that there is an industrial needs and commercial needs and they are totally different. Council Member Price said that we talked about doing different zones and we haven’t gone through with that. Mayor Hansen suggested that Mr. Petersen build his shop, the first building, and we will have to deal with the other issues for the second building. Mr. Petersen asked if the second building had a 4-12 pitch roof with a ridge would they be happy. He said the bottom line is how the ordinance is interpreted. They discussed different options for this request.
Council Member Gray said that the reasonable thing to do is approve one building. We could argue all night about this issue.
Mr. Petersen asked for an answer about what he will be approved for or not, he wants to do both buildings at the same time. He stated that the Planning & Zoning Commission made the stipulations and suggested that it is followed the way it was approved by the Planning & Zoning Commission.
Council Member Gray said that the description of the roof is what is in question. Council Member Wride said that also according to the ordinance we don’t allow a 2-12 pitch and we don’t have the right to change that.
Council Member Leonhardt said that he is curious to know what Mr. Erickson’s opinion is regarding this issue because he is the Building Inspector. Council Member Leonhardt said that he suggests that they approve the first building and get Mr. Erickson’s clarification on the roof.
Mayor Hansen said that we need to decide if the first sentence of Ordinance #11-502 takes precedence over Ordinance #11-503 or if they both apply. Council Member Gray said that it could be possible to meet 502 and 503.
Council Member Leonhardt said that it is the responsibility of this group to decide how to read this ordinance. Council Member Wride said that she was totally against changing this ordinance but that is irrelevant because she is reading what the law states right now.
Council Member Leonhardt said again that this group is here to make the decision on 502 and 503.
Mayor Hansen asked for a motion or this issue dies or we can approve the one building and not the other. Mayor Hansen said that we would never have a perfect ordinance where every scenario will be covered so we need to use some common sense.
Council Member Gray made the motion to accept the 1st building as planned, which meets the architectural standards. The 2nd building does have a question that needs to be answered by Mr. Erickson, the Building Inspector, if it is a mansard or parapet roof. If in his definition it meets the architectural standards then we can approve the 2nd building. If in his definition it is a mansard or a parapet roof then it will not meet the standards. Council Member Price said that in what he is saying then it even if it is not on the south side then it has to meet the arch standards. More conversation regarding roof. Mayor Hansen said basically, the motion is to approve the shop structure without question and the second building will be determined by randy if it meets the requirements. Or Troy can satisfy the standard. Mayor Hansen said that now we are throwing the decision on Randy. Council Member Gray said no, he just wants the definition on what the roof is called. Council Member Leonhardt seconded the motion. All in favor and the motion carried. Council Member Wride said that he is okay with the first part of the motion but not the second. Council Member Price is okay with the motion if that will resolve the issue. Council Member Wride is opposed to the motion.
BUSINESS LICENSE DISCUSSION/APPROVAL
The Bears Den, Tom Bashford
Mr. Bashford is not able to attend this meeting so Ms. Patty Onita is representing the Bears Den. She explained that they would like to move the Bears Den to the strip mall of the Sinclar Station. They also are purchasing the Sinclair Station. Ms. Onida is the manager.
Mayor Hansen said that there would be no outside sales. Ms. Onida said that she was not sure what Mr. Bashford’s intentions were with the furniture. Mayor Hansen said that the outside sales would not happen. The Council agreed that there wound not be any outside sales. Mayor Hansen said that he is glad that Mr. Bashford is taking this opportunity. Mayor Hansen also said that he wants it to be crystal clear on what the Council expects regarding the outside sales. Council Member Wride said that we need to know what the penalty will be if the merchandise does go outside. Mayor Hansen said that there is no question; there will be no outside sales. If it happens we will revoke the business license. There is enough floor space in the store that Mr. Bashford doesn’t need to sell outside.
Council Member Gray asked what would happen to the building where the Bears Den is now. Ms. Onita said that they don’t own the building and they will totally move out of it. They are planning on moving this weekend. Council Member Leonhardt said that he was supposed to close the doors of the bear’s den the first of October because of the fire. The building is not safe and should be closed for business. Mr. Bashford is planning to be opened at the Sinclair tomorrow, and Saturday. They will sell food so they will have to deal with the Health Department. Ms. Onita said that they would only be selling packaged food and hot dogs. They also need to apply for a beer license with the Town.
They will be sharing the building with B&B gifts.
Council Member Price said that he thinks outside sales should be okay on a short-term basis on weekends and only on the patio, everything else needs to be inside. Sidewalk sales are okay but not everyday. Council Member Wride said that the ordinance states absolutely no outside sales. The Council agreed that there should be no outside sales. They can have things outside for decoration. Ms. Onita said that they have carved bears and swings outside. The Council said that we need to be a little careful. Council Member Leonhardt said that we don’t have a problem with a few items that are also for decoration but not like it has been before. They also have to be careful not to tie up their parking.
Council Member Wride asked about manufacturing things. She said no, it is all pre made.
Council Member Price made the motion to accept the business license for the Bears Den with the stipulation of no outside sales. If they want someone to do bear carvings like before they will have to come back to the Council for approval. They also need to re-apply for a beer license and work with the Health Department. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
L&L Landscaping, Cody Lundahl
Mr. Lundahl is not able to attend this meeting.
Nate Parry business license
Mr. Nate Parry is not able to attend this meeting.
ZONE CHANGE DISCUSSION/APPROVAL
This is a zone change request along Bear Lake Blvd at about 200 South. The Planning & Zoning Commission approved this request. The property is from the Café Lago to Fay’s Campground. The request is to change the zone to community commercial.
Council Member Wride made the motion to approve the re-zone of said properties from residential to Community Commercial. Council Member Price seconded the motion. All in favor and the motion carried.
ENCUMBRANCE AGREEMENT AND COVENANT TO RUN WITH THE LAND, Paula Parks
Ms. Cindy McLaughlin explained that Mr. Sharkey built to close to the property line of the adjacent property owners. The adjacent property owners, Mr. & Mrs. Summers, sold Mr. Sharkey some of his property so they could meet the setbacks. Now the lot owned by Mr. Summers is too small to build on so he wants to encumber the two lots. He is selling his property and the new owner wants to build across the lot lines.
Council Member Wride asked if the HOA needs a letter of approval. Ms. McLaughlin said that this is not making the subdivision so dense.
Council Member Gray made the motion to approve the Encumbrance Agreement and Covenant to run with the Land to encumber lots 48 and 49 of Raspberry Patch Subdivision, Unit 2. The encumbrance will be recorded after the closing with the new property owner. Council Member Wride seconded the motion. All in favor and the motion carried.
IMPACT FEE DISCUSSION
Mayor Hansen explained that we need to be prepared for the future. We will need to put together a real comprehensive plan for the future. We need to put the specifics of things such as 3rd west in our master plan so we are prepared for when people develop. They need to be ready to deal with these issues. The developers have the responsibility to make sure the infrastructure is put in.
Mayor Hansen explained that according to our Town Attorney that because we are under a population of 5,000 then it is relatively easy to make an impact fee plan. We just need to provide reasonable information to justify what we need to do. If our impact fee schedules are in place and we can show that we are generating revenues for the present and the future then we should be able to bond for project and the payment for the bond can be paid from the impact fees. That gives us an option. Mr. Dave Church is a very good source to use when we do our impact fee ordinance.
Mayor Hansen said that this tonight is just a general discussion, but we need to begin to charge the people that are coming in and impacting the Town or it will continue to be the people that live here that will have to pick up the burden. Council Member Wride said that we need to have the impact fees. Other towns are paying for their improvements with impact fees. There are many different ways to do it; it can be with developers or people that buy the property to build on it.
We certainly have grounds to increase the water and the roads impact fees because of the projects that we need to complete. The Council agreed. Council Member Gray said that it will not get any better and we need to plan for the future. The Council discussed what we need to do with the impact fees such as the roads and water issues that we need to address. Mayor Hansen said that we need initial costs for the projects so that we can justify charging the impact fees.
Mr. Jason Linford said that we need to do some standards for roads so that we can put a number to the cost for the roads. Mayor Hansen said that we need to check on the APWA and see if we can use those standards. Mayor Hansen said that we need to have this in place as soon as possible. We need to have some comparables for what the different municipalities are charging in impact fees and also figure out what are basic needs are.
Mayor Hansen said that the Council needs to think about the most important issues right now, which is water and roads. Others things we need to use impact fees for are parks, trails, law enforcement, emergency services, EMT’s, schools, fire, sewer, etc.
BUTTERCUP POA WATER COMMITTEE
Mr. Jason Linford drew a map of the Buttercup Subdivision including the location of the 50,000-gallon water tank. On the upper loop the water pressure is about 20 psi and it doesn’t matter if the tank is full or empty. The booster station is between the two canals. It boosts up to the tank that feeds back down.
We have two options to take care of the problem; we can move the tank further up the hill or increase the size of the booster pumps and take the tank off line completely. We can’t pick up the tank and move it so it would have to be re-built. It would be about 150,000-gallon tank and upsize the line, which would cost about $200,000 for that option. The second option to increase the size of the booster pumps and take the tank off line completely would be less expensive but it could be a maintenance nightmare. We would need a pressure station just below the tank. Mayor Hansen said that the tank is only good for fire flow. Mr. Linford said that he would propose the best option would be to knock down the pump building and build a new building and put in a variable speed pump station. It would pump to take care of small flows and pump up to fighting a fire. Mayor Hansen said we wouldn’t have to build a new building, we could put them in the building that we already have there. We would have to take the tank off line to boost the pressure to the upper loop. In the event of a power outage they wouldn’t have any water. Mayor Hansen said that they could put in a bypass and then they would have 22 psi.
We could save the tank for a big development that will eventually be going in above the tank and it could be used as a wet well. We could put a pump station on the tank.
The cost estimate for this option is approximately $75,000, but costs may be lower if we can use the same building even if we need to add onto the building.
Council Member Wride said that this affects her personally. Council Member Gray and Council Member Leonhardt said that we need to go ahead.
Council Member Wride said that we need to make a fix for the situation and this is the cheapest option. As long as we have the fire protection and it boosts the water pressure up. Council Member Price agreed that we need to put the pumps in and treat it as a temporary situation. We also need a bypass for the water if the power goes out for a short period of time. Council Member Wride said that if there is a way to add onto the existing structure the Buttercup Committee would be fine, they don’t need a big new building.
Council Member Gray said that he doesn’t have a problem with doing this but we really need to look at utilizing the same building. If it is a short-term fix then he feels the price is reasonable.
Council Member Leonhardt would like to see a cost on a generator for power outages.
Council Member Leonhardt made the motion to have Sunrise Engineering proceed with the Buttercup project solution. Council Member Gray seconded the motion. All in favor and the motion carried.
SWAN CREEK UPDATE
Mr. Linford explained that the last time they discussed this issue the Council decided to increase the size of the plant. Sunrise did a cost estimate and it went from $4.2 million to $4.5 million dollars for the increased size of the plant. They did have a couple really good meetings with the funding agencies. Rural Development has a new program where they want us to spend our own money before they want to use their money. They did find that we have $280,000 in savings and they want us to use that for our participation. We need to show that we have that earmarked that money for our own projects that we need to complete.
The funding package we are looking at will make our rate be about $37 - $39 per month. They look at not only the median household income but also the rates of the surrounding area.
As of this time we have be approved for a $1.3 million dollar loan from DWQ, a grant of $887,000 and a loan of $2,390,000 from Rural Development. Mr. Linford said that he has a hard time bonding for 40 year. He said that they are going to go to DWQ and ask them to fund the entire project and ask if they will give the same rate on a 20-year loan instead of a 40-year loan. Rural Development is easier to work with but their interest rate is higher. DWQ is harder to work with but their interest rate is lower. We are on the agenda for the DWQ meeting in November.
The attorney did tell us that we need to go out for bid on the pilot project. We have an advertisement that is really tight and specific, which will only go in the local paper so hopefully we won’t have anyone come in and try to pilot again.
We are on a time frame and we need to have that time frame adjusted because it is too short. We will not even know if we have the funding from Rural Development until next spring. Mayor Hansen said that we don’t want to waste any time because we do have to built the plant.
The attorney has gone over the contract and said that it is okay to sign. The increase cost for the building will be approximately $500,000 and the increase for the design work for the building will be approximately $9,000. Mr. Linford said that we can go on this project as soon as we have the contract signed.
Mayor Hansen said that we need to work with the State Wildlife Resources on the land issues and we also need to work with Utah Power on the power issue.
Council Member Price made the motion to get started on this project and sign the contract with Sunrise Engineering. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Leonhardt explained that he had a conversation with a property owner about putting flags on fire hydrants. It will be difficult to fight a fire if we can’t find the fire hydrants. The question is who is responsible for the fire hydrants and responsible to put on the flags. Council Member Leonhardt said that all the flags in Bridgerland and Sweetwater were purchased by the HOA. If the fire hydrants are buried in snow who is responsible for the fire hydrants and who is responsible to put the flags on the fire hydrants? Council Member Leonhardt said that the Fire Department is not responsible for the flags or the fire hydrants.
Mr. Linford said that the Town provides the water and maintains the hydrants.
Council Member Leonhardt said that the Fire Department used to buy all the flags, exercise the hydrant, etc.
Mayor Hansen said that he wants the Town Attorney to give is an opinion on who is liable for the fire hydrants and what are the legalities. Council Member Gray said that he is okay with the Town purchasing the flags and the Fire District putting them on. We also need to GPS the fire hydrants when they put them on.
We need to figure out what we want for our GPS system and merge with the BLSSD system, which would be about $10,000. We need a hand held unit. Council Member Wride would like to get the equipment soon because our town is growing. It is an invaluable thing that we need to. Council Member Price said that we should purchase a GPS system and we should have BLSSD participate. Council Member Gray agreed. Council Member Leonhardt agreed. Council Member Wride said that we should require an electronic file when a subdivision is approved so we can have it all together on the computer. Council Member Wride recommended that we limit who can change the data on the computer. Council Member Gray will work on this project.
Council Member Wride made the motion to give Mr. Linford the authority to look into purchasing a GPS system in conjunction with the BLSSD and the Fire District. Council Member Gray seconded the motion. All in favor and the motion carried.
Ordinance #05-09, Recreational Vehicle Park
The Council discussed the 2 recommended changes, a 5-acre minimum and the need for the project as listed under 6-a.
Council Member Leonhardt made the motion to accept ordinance #05-09, Recreational Vehicle Park, with the changes discussed. Council Member Price seconded the motion. All in favor and the motion carried.
Resolution #R05-12, a Resolution to allow water service outside the town limits to specific subdivisions
Council Member Wride made the motion to adopt Resolution #R05-12, a Resolution to allow water service outside the town limits to specific subdivisions, as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
2006 TRT Grant
The application for this grant is due tomorrow. It is required that this grant is tourism related. The Council discussed the project for the new trailhead up Hodges Canyon. We will apply for this grant to help with the trailhead.
Appointment of a new Planning & Zoning Commission Member
Mayor Hansen said that he is not ready to present a name for the new member.
Appointment of a new Board of Adjustment Member
Mayor Hansen said that he is not ready to present a name for the new member.
The Council discussed people to ask to be Election Judges and Alternates, Marie Weston, Marti Adams, Laraine Schnetzer, Anita Weston and Cherie Henderson and.
Council Member Leonhardt made the motion to appoint the six people discussed for the Election Judges and Alternates. They also gave two other suggestions just in case they can’t do the elections. Council Member Price seconded the motion. All in favor and the motion carried.
The Community Christmas Party will be held on December 10th.
The Board Member and employee party will be held on December 1st.
COUNCIL MEMBER REPORTS
Council Member Gray said that he has ordered the shed and it should be coming soon.
Mayor Hansen and Council Member Wride will meet with UDOT to discuss 3rd west. 3rd west will take precedence over Lockwood, which was discussed during the meeting last night.
APPROVAL OF MINUTES
Special Town Council Meeting on September 1, 2005
Council Member Price made the motion to approve the minutes of the special meeting held on September 1, 2005 as written. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Town Council Meeting held on September 8, 2005
Council Member Leonhardt made the motion to approve the minutes of the Town Council Meeting held on September 8, 2005 with the changes discussed. Council Member Wride seconded the motion. All in favor and the motion carried.
The Council reviewed the bills and signed the checks and vouchers.
Council Member Price made the motion to pay the bills as presented. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
There being no further business to discuss Council Member Price made the motion to adjourn the meeting at 10:40 p.m.
Kenneth Hansen, Mayor