Meeting Minutes September 2004
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on September 9, 2004 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 7:05 p.m.
Council Members Present:
Kenneth Hansen, Mayor
Mayor Hansen thanked everyone for attending the Town Council meeting this evening.
BUSINESS LICENSE DISCUSSION/APPROVAL
Bear Lake Day Rides, Jim Loveland
Mr. Loveland is not at this meeting. Mayor Hansen asked for direction from the Council regarding this business license. Mr. Loveland did receive the certified letter explaining that he must have a business license to do business in Garden City. Council Member Leonhardt said that he has been given ample opportunity and we should contact him and tell him that he is no longer in business in Garden City.
Council Member Leonhardt made the motion to have Mayor Hansen contact him Mr. Loveland and tell him that he is no longer in business in Garden City. Council Member Price seconded the motion. All in favor and the motion carried.
Bear Lake Occupational Therapy, Anita Lantz
Ms. Lantz has done some advertising for her business that was previously approved by the Council. She told the clinic about her plans and they offered her a spot in the health care clinic. She will just be renting a space at the clinic and will be under he own certificate. She is requesting approval for a location change.
Ms. Lantz will provide a copy of her certificate. She will be doing the evaluations under the direction of an occupational therapist.
Council Member Stringham made the motion to approve the change of location for Bear Lake Occupational Therapy to the Bear Lake Health Care Center. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Brit Music, RaShele Cook
Ms. Cook explained that Brit Music is children=s music. She will be going into the homes to make the presentation and they can decide if they want to buy any of the music. She will be operating the office functions out of her home. Council Member Leonhardt said that this is no different that Tupperware. She does collect sales tax but Brit Music will pay and file the reports for her. She doesn=t need a sales tax number, Brit Music will take care of that. Mayor Hansen asked if they have the number registered for Garden City, and does that revenue come back to the individual communities. Council Member Stringham said that it will probably come back tho the community with the change next year in the sales tax law from point of sale to point of diversion. Ms. Cook read through the Brit Music documentation about sales tax and couldn=t find an answer. She said she will contact the Brit Music Customer service. We just need to make sure that Garden City receives the benefit of the sales tax.
Council Member Price asked if the HOA needs to approve this business. Council Member Wride said it is just a home occupation so she should be fine.
Council Member Price made the motion to accept the business license for Brit Music, RaShele Cook with the condition that she will find out that the sales tax is collected in the name of Garden City. Council Member Wride seconded the motion. All in favor and the motion carried.
ENCUMBRANCE AGREEMENT, Merlin & Karen Goeckeritz
Mr. & Mrs. Goeckeritz is not in attendance at this meeting. The Council stated that we do want them here to answer questions.
Council Member Price made the motion to change the order of the agenda if they come in later. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
ANNEXATION DISCUSSION, Joel Lewis
Mr. Lewis called earlier today and asked to be taken off the agenda.
UDOT TRANSPORTATION MASTER PLANNING, Sandy Weinrauch
Ms. Weinrauch explained that she works with communities to help determine transportation projects that they feel are important. The plan is on the UDOT website and contains all the data that they identified for improvement projects. They have less resources and more needs. She is soliciting our help with a statewide transportation plan for our area. They can help with van programs for a senior citizen programs, specialty needs for health care, etc. If we have a rural transportation program and a project it is listed as a goal then it may be funded. They have to be identified and listed in the master plan before it can be put on the project list.
To get this all started they would like 3 days set aside and a staff person to help set up the meetings and help invite people to the meetings that are held during the 3 days. They do all the research and bring in their staff to meet with community members who are willing to give them two evenings in a row. We bring our needs and wants to the meeting and they help us compile a list and then help establish the priorities. They also help with an estimate of the cost. After the meetings are completed they put together a transportation master plan for the area. They look at a wide variety of issues to get information for the plan. This would also give us a leg up for grant applications.
What they bring to the table is the data collection, the in-house resources, and they draft the documents, etc. They request at least 30 participants from the community to attend the meetings so they get a diverse representation. Our responsibility would be to invite community, school district, county, chamber, those who travel through the area, etc. We need someone available that can develop a list of issues that we are aware of, that is a starting place then they can add to the list. They also tour around the area to see if they can see any areas that have been missed. The third day they compile the information and put together the Transportation Master Plan for this area. Grant applications get extra favorable points if you have a transportation master plan.
Mayor Hansen asked if Ms. Weinrauch is aware of the new rule that is coming out that requires towns to identify the roads and depreciate them in the community. Ms. Weinrauch said that sounds like something coming out of the B&C road funds. Mayor Hansen said that this could be a vehicle for that. This is a good thing for our community and a great resource, it=s a good opportunity.
Ms. Weinrauch will contact the town office and we can work out the 3 day time frame, sometime in January or February. They have 17 communities that are to be programed before the end of June.
She has draft letters of invitations and samples of documents that she will ask for. They also want to know what our annexation visions are along with a copy of the general plan.
Council Member Stringham said that we need to look ahead to the transportation needs 5-10 years from now. Council Member Leonhardt said that this is a good benefit to the town.
Mayor Hansen said that we are excited about the project at the summit. We do appreciate the input that we were allowed to give during that project. They made significant changes because of the community input that was given. Council Member Wride said that she has been impressed with UDOT=s help on projects.
Mayor Hansen said that we will go ahead with this project.
KIMBALL LANE, water line extension, Mark Chugg, Brian Burr and Mel Maynes
Mayor Hansen asked for their proposal for Kimball Lane. Mr. Mark Chugg said that they want to see where the town stands now because we have jurisdiction over the road. Mayor Hansen said that there are issues that need to be considered when paving that road, 1. the cost; 2. the usage of the road. When we put in the bypass road we want to use Kimball Lane as the collector. Right now there are a lot of construction and very heavy vehicles that use that road. We have a few roads in town that the heavy trucks are allowed to use; 3. the specifications for that road; 4. land issues with Mr. Mel Maynes and the Kimball=s; 5. utilities. Mayor Hansen said that he is working with Mr. Maynes on the land issues. The problem with the water line extension project is that the ordinance is specific as to who is responsible for the costs and the labor. Mayor Hansen read through the ordinance, 13A- BB states that...the person is ready, willing, and able to pay all costs of such extension...and upon deposit of the estimated costs... Mr. Chugg asked about the agreement with Mr. Maynes. Mayor Hansen explained that the agreement was value for value to extend that line, Mr. Maynes will give the town something in kind of equal value. Mayor Hansen said that we have a bid to extend that line. The high bid is $11,500 which includes installation.
Right now the line goes to the north end of Mr. Burrs property. There is about 785' to get to Mr. Maynes property. Mr. Maynes said that he hasn=t requested or applied for the water line extension. He also said that he is willing to negotiate with the town on the road but he will be giving up about 3 acres. The issue is if the town wants to put in the water line at this time or not, it is our decision. Mr. Burr said that it would be a shame if they dig up the pavement. Mayor Hansen said that we want to be fair to Mr. Maynes. Mr. Burr said that the pavement is an improvement to the town at no cost to the town.
The cost for 2265' of pavement is approximately $57,000. The base of asphalt will be 3" thick and 25' wide. Mayor Hansen said that there is no road base on Kimball Lane. Mr. Burr said that it was his understanding that when they put that road in they built it with the idea that they would pave it. Mayor Hansen said that if that road is going to be paved and then be turned over to the town to maintain then it needs to be at a certain specification, which would have to be determined by our Town Engineer. Mr. Chugg said that the county did haul in a lot of road base on that road and they indicated that they were ready to pave the road. We want a road that will hold up for the future years. We have not had the engineer look at the road to determine the condition and if it is ready for paving. Council Member Price said that we would require that the engineer look at it and determine if it is up to specifications or not.
Mr. Burr said that he wants to pave the road this year, which would have to be done before the end of October. Council Member Leonhardt said that we may not be able to get it all done this year. Mr. Burr said that he is offering the town a paved road at no cost to the town, the only cost is to put in the water line. Mayor Hansen said that this is just thrown in our lap just recently and we realize that they are under the gun but we need to make sure it is done right. We want to be able to take advantage of this opportunity and we need to work together. Mr. Burr said that it will take cooperation with the town but we have 30 days.
Council Member Price suggested that we allow Mr. Burr to get an engineer that we approve at his expense to determine what needs to be done to the road to bring it up to the specifications for paving. We will go with the engineers recommendations. We are not building country roads anymore. Council Member Price said that if they bring it up to the specifications of the engineer then we have no problem with the project. We can contact our engineer tomorrow and see what his time frame is. The county will receive the road funds until December 31st so they will maintain it until then
Mr. Burr explained that the HOA has committed $25,000 to the project and the private homeowners will pay for the project in excess of the $25,000. Mr. Burr said that he is willing to pay for the costs above the $25,000.
Council Member Wride said that she will contact the engineer to see when he can come to look at the road. It should be simple because he has the specifications for 300 west. Mr. Jeff Hansen has done the survey which shows the road and the section that needs to be donated by Mr. Maynes and the Kimball=s. Mr. Burr said that he is willing to do the negotiations with the Kimball=s. Mr. Chugg said that the town should do the negotiations. Mayor Hansen said that he will contact them to negotiate the dedication.
Mr. Maynes said that some of his concerns for that road is the ATV usage and the speed limit. He said that it is one of the busiest roads in Garden City. Council Member Wride said that as far as ATV, the committee is meeting and Mr. Maynes is welcome to meet with them with his concerns. Mr. Maynes said that he doesn=t see anything that will hold up this project. He can have some of his guys help with the water line. They are negotiating with the HOA regarding the small corner lot adjacent to his lot. He is available to negotiate with the town. We may want to address the sewer also because it has to be extended into the property and will be accessed from across the road.
Eventually we may need it wider for snow removal, shoulders, etc. Mayor Hansen said that it may eventually be nice to have a walking trail. Those are future projects.
Council Member Wride said that she wants Sunrise Engineers to make sure the specifications are what we need. It should be similar to 300 west. We need to maintain 35' and get the property donated from the Kimball=s and Mr. Maynes. Mayor Hansen said that he is comfortable with the grade that is there now, but he is concerned about the road base material. Mr. Chugg said that we just need to make sure that what is there is good.
Mr. Mike Forrest, from the Buttercup Homeowners Association, has worked for Staker Paving. He said that it is very true that asphalt is only as good as what is underneath it. The engineer needs to look at ESALS. And they will look at a 15 - 20 year time frame.
Council Member Leonhardt said that if they are willing to pay for the paving then we should expedite it so they can get it done. We should go into negotiations with the Mayor, the property owners and the engineer. Mr. Maynes will negotiate the water line installation with the town. Council Member Price said that if the road is brought up to the specifications then we should go ahead with the project and do whatever we can to meet their schedule. Council Member Stringham is in favor of this project.
Mayor Hansen asked if there is sufficient in-kind trade that we can work out the water line extension with Mr. Maynes. Council Member Price said that we just need to sit down and negotiate the project. We need to well document it so it doesn=t come back to bite us later. We need to cover all our bases.
Council Member Price made the motion to go ahead with what we said here if it is brought up to specifications and we make the deal with Mr. Maynes and the Kimball=s. Then we should go ahead with the project. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
BILATERAL COMPLIANCE AGREEMENT BETWEEN THE EXECUTIVE SECRETARY TO THE UTAH DRINKING WATER BOARD AND THE COMMUNITY OF GARDEN CITY
Mayor Hansen said that he is still really amazed and feels really good that the town got to this point with the state. Our attorneys have looked over the agreement proposed by the state. Their only concern is #3, which only gives us 180 days to install treatment. Mayor Hansen called Mr. Ken Bousfield, from the state, and explained that 180 days is not feasible. He indicated to Mayor Hansen that is a sacred number with the EPA, it is a set time for them. That time frame doesn=t take into consideration weather or other things that are beyond our control. Mr. Linford prepared a letter and submitted to the state requesting they reconsider the 180 days and grant a more reasonable time frame.
Council Member Price said that we will know by the first of July if we can comply or not. Mayor Hansen said there are only 2 issues that keep us from filter avoidance, one is the turbidity level and the second issue would be if we exceed any of the criteria. If either of those happen then we will be in treatment plant mode. Turbidity will be the big one. The water shed protection plan will also be a big issue.
The Attorney will have a presentation to make to the town by the middle of next week. Mayor Hansen gave Sunrise Engineers the go ahead to get any of the apparatus to monitor the spring.
Mayor Hansen said that if we build a treatment plant we will have to meter for turbidity anyway so we need to have the equipment. We will also have to meter for turbidity if we can comply with the filter avoidance. We will be responsible for the bills that come from monitoring. We need to run two turbidity meters because the monitoring requirements are so strict. We also need to have a generator on line in the event of a power outage. We need to follow the instructions to the letter of the law. Our documentation needs to be exceptional. This agreement is for one year, 24/7. At that time we can determine which way we need to go and what we need to do. Mayor Hansen said that we are waiting for response from Mr. Ken Bousfield. If we meet all the rules and we can comply then we can avoid filtration but the monitoring will continue forever.
Mayor Hansen said that we are going to hire an expert to help us with the water shed project. They just finished a project in the state of Wyoming for the whole entire state. They know what they are doing. We can=t afford to have any guess work on this project.
Mr. Pat Reilly thanked the Council for everything that they have done on the water issues.
BUTTERCUP SID, Sharlotte Wride & Mike Forrest
Council Member Wride said that they would like to discuss the SID for Buttercup. The votes came in and it was close but the HOA has approved the SID. They would like to discuss how they can be compensated for some of the roads that will be dedicated to the town, such as Buttercup Blvd. They wont pave this year because they still need to put in sewer and water lines. Mr. Mike Forrest said that the declaration is very broad and very general and he thinks somebody may try to challenge the SID.
If the SID had failed and the town wanted to have Buttercup BLVD there are ways that they could take it but the HOA would have to be compensated and then the town would also have to pay to improve it. The HOA wants to make this a win win situation for both the town and the HOA. The cost for the entire project is about $333,000, which includes Buttercup Blvd. Buttercup Blvd is approximately $90,000. They plan to lay an additional 4" of crushed road base and a 3" mat over the road base. Some areas would only be 16-18' wide but the basic widths will be 24'. The town may have a higher standard for the part that we will use for an artier road.
Council Member Wride stated that they don=t have an actual proposal, they just wanted to see what the town wants to do. Mayor Hansen said that the only concern we have is extending 300 west and having some difficulty with the person on the end of Buttercup Blvd. That really is the likely spot for the 300 west extension. There is some open space at the end of Buttercup Blvd. Mr. Forrest said that the easiest way to deal with the open space issue is to grant a variance and come through the open space.
Mayor Hansen said that we would like a proposal from the Buttercup HOA. Council Member Wride said that they could bring in a proposal next month with a couple of options. Mr. Forrest said that they need to go over the votes and tally them before they go on with the next step.
Council Member Wride said that there is property that will be included in the SID but it is not a part of the HOA.
COMMUNITY DEVELOPMENT B LOCK GRANT
The list of suggested projects from the public hearing was read to the council and the audience. The project chosen for this project must be for low to moderate income individuals. There is approximately $700,000 available for the CDBG projects.
Council Member Wride asked which of the projects would benefit the low to moderate income people. The Council rated the 7 suggested projects on a scale as they apply to LMI and then as by what funds we have available for our matching portion.
The Council discussed the senior citizen center. Mayor Hansen said that he is concerned that if we build a facility would we take that on in this area and would we have to fund and support it or would we receive the funds for this area. Council Member Price agreed. It is a county program and should be in connection with the county.
We have been saving for the library and we can show our matching portion is already available.
Council Member Wride asked if there is a time limit to spend the money because we still need to secure the land for the library. Mayor Hansen said that we can use the money for the land acquisition for the library.
The Council Members agreed that the best project for this grant will be the library.
Council Member Leonhardt made the motion to go with the library project for the CDBG. Council Member Price seconded the motion. All in favor and the motion carried.
The next step is to attend a planning meeting and a how to apply workshop.
Council Member Price made the motion to accept Ordinance #04-11 as it has been changed. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
New Board of Adjustments Member
Mayor Hansen presented Aubrey Andersen name to the Council for the vacant position on the Board of Adjustments.
Council Member Leonhardt made the motion to approve Aubrey Andersen for the Board of Adjustments. Council Member Stringham seconded the motion. All in favor and the motion carried.
New Planning & Zoning Commission Member
Mayor Hansen explained that Commission Member Moldenhauer has asked to be replaced because of school. Mayor Hansen has asked someone to accept that position but he has not received an answer yet. He will be ready for next months meeting.
Forestry Service Grant
Garden City received a $6,000 grant from the Forest Service for trail signs on the bike path. We will be working with the Utah State Parks & Recreation and the ATV Committee.
The Council would like to have the town logo put on the town vehicles. We have receive 3 bids. We will try the company in Paris, Idaho. We will go with the lowest bidder.
Theme for the Town
Mayor Hansen explained that Margaret Satterthwaite has come up with a theme for the town. AEnjoying the present, remembering the past, and preserving the future.@ He suggested that we use that theme throughout town.
Recognition for Representative Laraine Pace
Mayor Hansen read the letter from Laraine Pace indicating that she was going to resign from the Utah State Legislation. She has done a tremendous amount of work for our community. It would be good for us to do some kind of recognition. The Council suggested that we invite her to the December Dinner and present her with a plaque on behalf of Garden City for all the work that she has done. She really helped us out with the water issue.
Council Member Leonhardt went over the bids for the new truck. There is only about $700 difference but the Ford is a little bit cheaper. The Chevy truck is in stock today with the utility bed. If we order without the bed we will have to go directly to the factory and there will be a longer delay. Mr. Andersen said that he doesn=t care what truck we get, he just wants it soon because he is using his personal truck right now.
They will look to see what they can get without much delay because the dollars is not that much different.
Mr. Andersen also needs to get a light bar on the top of the truck.
BUILDING INSPECTOR REPORT
Mr. Erickson reported that we finished out the year for Garden City at 4.5 million dollars worth of valuation, that is January - June. Since July 1st we are at 1.5 million. Right now the county is at about 80 permits, which is about 15 more than we have. There is only one permit out that is south of Laketown, everything else is this side of the county.
Mr. Erickson explained that Trendwest will be doing more building soon. They blacktopped where the chip course was supposed to be and they are tearing up the little pond. Do we want to pursue something with them, they are doing a nice job. Mayor Hansen asked if that area is going to stay open space because that was the way it was approved. Trendwest is not happy with the area and the way it has been taken care of so they are doing the clean up. The Restaurant in Harbor Village is closed.
Mr. Erickson said that there are some concern with Elk=s Ridge because it appears that they are selling lots without the improvements being done. Mayor Hansen talked to the attorney and they can sell the lots without the utilities being completed because it wasn=t stipulated when the plat was approved. Mr. Erickson reminded the Council that the letter of credit expires in December. One of the new lot owners is concerned that the letter of credit will default. Mayor Hansen said that we will get a hold of Mr. Smith and tell him that we want an extension on the letter of credit or we will notify the bank and collect on the letter of credit. In the future we must have an agreement about finishing the utilities before signing the plat.
Mr. Erickson said that they are working on the water tank without a building permit. He has talked to them and they will work on the building permit.
Council Member Leonhardt said that we need to work on an extension of the letter of credit with Mr. Smith. If we can=t get the extension then we need to collect on the letter of credit. We definitely need to check on the letter of credit. We have a commitment on the tank.
COUNCIL MEMBER REPORTS
Council Member Wride explained that she went to a seminar and was told that if something isn=t specifically listed on the agenda then we should not be talking about it in our public meetings.
Council Member Wride showed the map for the Shosonee Trail. The trails have been designated but it doesn=t come into Garden City. It ends in Hodges Canyon. They want to make a staging area behind KOA for the trails. Mayor Hansen said that it is all in vain if we have no way to get to the forest. We also need to talk to the Forest Service to find out why there are no trails into Garden City. We are very disappointed in the trail.
Council Member Wride explained that there is no place for ATV=s to go in this town. It is all either private property or state highway. There is a lot of ATV and Snowmobile use through Garden City. Laketown has basically opened their whole town for ATV=s. The county also has a new ATV ordinance. We need to ask the highway patrol to start enforcing the state law because the ATV=s are not supposed to be on the state right of way or on the bike path.
Council Member Leonhardt explained that we had our Raspberry Committee dinner last week. We are having a follow up meeting next week to discuss what happened last year and what we will do next year.
We are moving forward on our grant for the building.
Council Member Price said that we really need to watch our budget this year, he is a little concerned about the general fund. We may have to cut back but for right now we just need to watch it.
Council Member Stringham said that they sent a letter to Mr. Bennion about the business that he is doing at his house. Mr. Bennion said that the work he is doing is just in trade, he doesn=t have a business yet.
Mayor Hansen said that there is an agreement between the Winegar=s and the town, to do some landscaping on the corner of their property, Bear Lake BLVD and Logan Road. The Beautification Committee wants to do some plants, rocks and a little sitting area. We will need to run water to the property for the plants. The a agreement is for not less than 5 years and at the end of the 5 year period the Winegar=s can request that the town remove the landscaping. Mr. Satterthwaite also got them to agree to remove the snow shack. They will also mow down all the weeds.
Council Member Price made the motion to sign the contract between Garden City and Mr. & Mrs. Winegar. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Council Member Wride also got a signature from Mrs. Winegar to allow us to take down the tree in the front of her property.
Mr. Norm Mecham had a survey done for Hodges Road up to the property that Mr. Mecham annexed. When Mr. Hansen signs the agreement we will pay him $12,000 for the road. Mr. Mecham is also working to get some more property on the south side from the Hodges. It is almost like fence line rules and if we establish use then we can claim it.
Mayor Hansen had a concern about property tax valuation and our certified tax rate. The reports indicate that our certified tax rate is decreasing. Council Member Price will go to a meeting in October to find out why we don=t get an increase in our property tax revenue.
The Council signed the checks and initialed the payment vouchers.
Council Member Leonhardt made the motion to accept the payment vouchers as presented. Council Member Price seconded the motion. All in favor and the motion carried.
APPROVAL OF MINUTES
Thursday, August 12, 2004, Regular Town Council Meeting
Council Member Price made the motion to accept the minutes of the Town Council Meeting held on August 12, 2004 with the changes made. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Thursday, August 12, 2004, Public Hearing
Council Member Leonhardt made the motion to accept the minutes of the Public Hearing held on August 12, 2004. Council Member Wride seconded the motion. All in favor and the motion carried.
There being no further business to be brought before the Council, Council Member Price made the motion to adjourn the Town Council meeting at 10:45 p.m. Council Member Wride seconded the motion. All in favor and the motion carried.
Kenneth Hansen, Mayor Town Clerk