Meeting Minutes September 2006
MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on September 14, 2006 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 5:00 p.m. Mayor Hansen welcomed everyone to the meeting.
Roll call of Council Members Present:
Kenneth Hansen, Mayor
Mayor Hansen welcomed everyone to the meeting. He explained that we have a long agenda and a lot of material that we need to cover tonight. The Council introduced themselves to the audience and Mayor Hansen introduced the staff.
APPROVAL OF MINUTES
July 13, 2006, Regularly Scheduled Town Council Meeting
Council Member Satterthwaite moved to accept the minutes of the regularly scheduled Town Council meeting as published. Council Member Gray seconded the motion. All in favor and the motion carried.
Council Member Seiler said that she is having a hard time remembering what happens 2 months ago. The minutes are to be available and recorded in a reasonable time. She said that it is hard to remember what happened 2 months ago. She requested that the minutes be available and e-mailed to the Council within 2 weeks of the meeting.
July 26, 2006, Special Town Council Meeting
Council Member Satterthwaite moved to approve the minutes of the Special Town Council meeting held on July 26, 2006 as presented. Council Member House seconded the motion. All in favor and the motion carried.
August 10, 2006, Regularly Scheduled Town Council Meeting
Council Member Satterthwaite moved to approve the minutes of the regularly scheduled Town Council Meeting held on August 10, 2006 with the correction. Council Member Seiler seconded the motion. All in favor and the motion carried.
August 16, 2006, Special Town Council Meeting
Council Member Seiler moved to approve the minutes of the Special Town Council meeting held on August 16, 2006 as presented. Council Member Satterthwaite seconded the motion. All in favor and the motion carried.
August 16, 2006, Public Hearing
Council Member House moved to approve the minutes of the Public Hearing held on August 16, 2006 as presented. Council Member Seiler seconded the motion. All in favor and the motion carried.
Ordinance #06-30, An Ordinance establishing guidelines for collecting a building permit deposit.
Council Member Satterthwaite moved to approve Ordinance #06-30. Council Member House seconded the motion. Council Member Gray, for; Council Member House, for; Council Member Satterthwaite, for; Council Member Seiler, for. Motion carried.
Ordinance #06-25, An Ordinance to update the requirements to obtain a Retail beer license in the Town of Garden City.
Mayor Hansen opened for discussion to the Council. Council Member Satterthwaite addressed the letter from our attorney who has given us some concerns that the Town would take on doing a criminal background search. She did ask some of the other Cities that were at the League of Cities and Towns seminar. That is the practice of most of the towns. She suggested that we have the applicant do the criminal back ground.
Mayor Hansen said his advice is to require the applicant to bring the CBG to the Council, so that would require the ordinance to be re-worded. We will send this ordinance back to the Town Attorney to change the wording accordingly and we will re-schedule the ordinance for next month.
Ordinance #06-31, An Ordinance Authorizing the Town Council to Appoint Boards, Commissions, or Committees to aid the Council in its duties to further the governing works of the Town.
This ordinance is just in draft form, it is not in ordinance form.
Council Member Satterthwaite said that this is consistent with what most cities do in the state.
We will put this in ordinance form to include the correct language. Council Member Satterthwaite moved that we do that. Council Member Seiler seconded the motion. Council Member Gray, for; Council Member House, for; Council Member Satterthwaite, for; Council Member Seiler, for. Motion carried.
Request by George Preston, to review the recently passed Rich County Refuge Ordinance, and for Garden City to adopt, by resolution, the terms and conditions of the ordinance within the geographic boundaries of Garden City.
Mayor Hansen contacted Commission Member Norm Weston and this request is to get the Town Council=s input on this ordinance. The County Commissioners have passed an ordinance and they are working on an addition to this to require contractors that are building homes to have a dumpster for their construction material. That would be facilitated by an independent contractor. Mayor Hansen offered a suggestion to have a contractor, that has a dumpster the ability to take care of their construction material.
The county passed this ordinance but they are requesting that each town or city in Rich County, by resolution, adopt this within the city limits. The resolution would just state that we support this.
The Council agreed that we need to get more information and so this item is table until next month.
Ordinance #06-32, An Ordinance establishing temporary regulation pertaining to residential, subdivision and commercial development within the municipality of Garden City.
Mayor Hansen read the proposed ordinance to the audience and then opened for the Councils discussion. Council Member Satterthwaite said that we need a motion made to put it properly on the table for discussion.
Council Member Seiler moved to approve ordinance #06-32, An Ordinance establishing temporary regulation pertaining to residential, subdivision and commercial development within the municipality of Garden City. Council Member Satterthwaite seconded the motion. Council Member Seiler said that it is a temporary land use ordinance and it doesn=t require a public hearing. The Council can put it on the table for discussion and a vote.
Council Member Seiler said that her goal is to get the attention of the Board and get the attention of the public. She has brought this up to the Planning & Zoning Commission and have requested it in prior meetings. This Town is growing in leaps and bounds. This Council and Planning & Zoning are not prepared to handle the growth, legally this town is very vulnerable because of how the ordinances are set up. All of a sudden everyone is coming into Garden City. Everything is coming in so fast and things are not in place to handle everything that is coming in. We need to stop and think about what is happening. You have to stop and look what we are doing with the land. We need to look at what is happening here in Garden City. Council Member Seiler asked if we are protecting the reasons that we are here now and why people come. What is the vision? She said that the ordinances are supposed to support the general plan.
Mr. Paul Webb said that the road through the canyon is what got us here and there came a point that we needed to update the road. They didn=t just close the road, we worked around the construction. He said that is the same way we need to work on the ordinances.
Council Member Seiler said the Master Plan is our blue print. There are parts that are mandated by the code that are not in our Master Plan.
Mayor Hansen said that all these things are works in process just the same as what we are trying to do in Town, like the sidewalks. Council Member Seiler said that the sidewalks are not in violation of the State Code. Mayor Hansen said that he is not under the impression that anything on the list is in violation. He said that everything on the list is being worked on.
Mayor Hansen said that if we shut this community down it is the opinion of our Town Attorney that we will never see the light of day from the legal suits. Our bond rating will go to 0 and every bank and loaning institution will close their doors and we will not get anymore loans for this community.
Mayor Hansen went through the items under #C and explained what has happened in the past. All these things are a work in progress, they will never end. We will not resolve everything in 6 months. Our Town is not in as bad of shape as some people would like to make it. We also have a $4.5 million treatment plant that we need to pay for.
Council Member Satterthwaite said that this came from a request from a citizen that stated that there are many citizens that are concerned with what we are doing, what we are not doing and how we are violating the law. She would hate to think that the Council is so unapproachable that they can=t come to the citizen input meeting and ask the questions. She said that there were issues that was brought up and she felt that we were not in violation. She looked into the Roberts Rules of Order. She bought books and learned about the Roberts Rules of order and she feels that we are not violating the law there.
The other issue that we did not violate the law is when we ratified the appointment of Brian House to the Council because he is an employee of Larry Gray. Those were the two issues that she felt that we were not violating the law. She said that many of the other issues that were brought up she felt that we were violating the state law. She suggested that we hire a planner to help with the ordinances.
Council Member Gray said that he agrees that the Town is growing fast. He said that there are very few items on the list that will not continue to need to be updated. They are things that change with growth. The answer is not to place the impact on a large percentage of our community and put a stop sign or closed sign on until we feel like everything is in order. This is something that is never going to end. Council Member Gray said that he will not support the ordinance as written.
Council Member House said that he can=t support the ordinance either just because of the economic impact that it will place on the Town.
Mr. Mark Hislop said that he sat on the Board in 1998 and was part of organizing the Master Plan at the time. Before that Master Plan there was another Board that people sat on to get that Master Plan done. It is a process that the Board=s and the Planning & Zoning Commission need to go through with the changing of times. Times have changed and there is not enough time for the Board and the Planning & Zoning Commission to keep up with the changing of times. He would support that the Board hire someone to get the Master Plan and the ordinance=s in order to support the growth. We all have to live in this community and we all want to make a living to support our families.
Ms. Garnett Sorenson said that we have 1100 water connections. We should take the excess money from the growth, and the new people moving in, and get these things in order. To go through and do everything that is outlined on the agenda is a huge expense. She said that she doesn=t know if the Town is that flush to pay for this and shut down the Town and revenue to do this. She said that she doesn=t know if that is appropriate.
Council Member House suggested that the Town find an intern to work on the General Plan.
Council Member Satterthwaite said that there are some statutory preclusion for using students for these type of projects. Mr. Evan Simpson said that they would have to be supervised.
Council Member Satterthwaite said that she learned, at the conference, that we need to have an Sexually Oriented Business Ordinance. She feels that ours is incorrect. Mayor Hansen said that is correct because we don=t define a zone for one. We need to clean up what we have presently. We should start each meeting by working on some of the things that are not in place.
Council Member Seiler said that she is trying to bring everyone=s awareness up. She doesn=t think that the Town Council and the Planning & Zoning can handle all of this. This is not their job alone. It is everyone=s job and their community.
Mayor Hansen said that he wants to reiterate that there is not very many people that attend the Citizen=s Input Meeting. Everyone should be involved.
Ms. Lana Hodges said that she was on the Town Council and the Planning & Zoning Commission when they re-did the Master Plan. She said that she feels that unless the Master Plan is handled 1st and foremost then we are in trouble. We need to get the transportation and Master Plan done first.
Mayor Hansen said that the most important thing right now is the transportation. He agrees with what was said and we need to do it as soon as we can, but he is not in favor of closing the Town down. Everyone needs to help.
Mr. Paul Webb said he likes the idea of hiring someone to come in and help. We are uninformed or undereducated and a City Planner would be educated and experienced. It would accelerate the Councils work to help us. Ms. Laraine Schnetzer said that she agrees with Mr. Webb and she would also like to know what they can do to help. Council Member Satterthwaite suggested committees.
Mr. Gerald Hunsiker said that there is a tremendous amount of talent here, the developers and the people of this Town knows what the development of the Town should be. They have an interest in the overall development of the Town. Ask them to collaborate on developing the Town. There is talent right here and we should ask them and cooperatively work with the developers. We could come up with a plan that is at least a starting point. We need a deadline.
Council Member Seiler said that she appreciated everyone. She accomplished her goal to get attention for this matter. We need to think outside the box for different ways to get this done.
We still have a motion on the table. Council Member Gray, opposed; Council Member House, opposed; Council Member Satterthwaite, opposed; Council Member Seiler, opposed. Motion denied.
Council Member Satterthwaite made a motion to take a look at the methodology to move ahead quicker at the next Wednesday meeting. Council Member Gray seconded the motion. Council Member Gray, for; Council Member House, for; Council Member Satterthwaite, for; Council Member Seiler, for. Motion carried.
PRESENTATION OF YOUTH COUNCIL CERTIFICATE AND SCHOLARSHIPS
Mayor Hansen explained that we have a Youth Council and they have helped us with some of the projects in Garden City. We take them to the AMeet the Legislature Day@ where they can meet the Governor and Representatives for this area.
Mr. Nick Pope was the Youth Council Mayor. Mayor Hansen Presented Mr. Pope with the certificate and scholarship and thanked him for his time on the Youth Council. The remaining members of the Youth Council were not in attendance but Mayor Hansen named each member and their position on the Council.
BUSINESS LICENSE DISCUSSION/APPROVAL
El Torero, Daniel Pelayo Gutierres
Mr. Gutierres is not in attendance at this time. With the consent of the Council this item was skipped at this time. We will re-visit this agenda item if he comes.
Cook Concrete, Justin Cook
Mayor Hansen said that he spoke with Mr. Darin Lutz and they are going to put in some big rocks to designate an in and out for the driveway. We did send Mr. Cook a copy of the Transportation ordinance. We also need a letter from Mr. Ray Lutz approving that Mr. Cook can use his property.
CONDITIONAL USE PERMIT DISCUSSION/APPROVAL, Rulon Crosby
This request is to create a duplex at 1625 S. Bear Lake Blvd from an existing home. Mr. Crosby is not in attendance. Council Member Satterthwaite recommended that we pass this item at this time.
RE-ZONE DISCUSSION/APPROVAL, John & Toni Post
Mr. Mark Hislop is representing Mr. & Mrs. Post in this request. He explained that he works with business owners and property owners to help take on some of their overflow, he helps them with their projects.
Mr. Hislop explained that Mr. Post acquired lot 2 and 3 of the property on Kimball Lane from Mr. Maynes. The majority of the property is in the Community Commercial zone and the remainder, the west part, is Recreational Residential. This request is to make all of both lots commercial. It would be to move the Community Commercial zone approximately 57' to the west. Mr. Post is the owner of record.
Council Member Seiler said that we did get a letter from a property owner that we need to address. Mayor Hansen read the letter from Mr. & Mrs. Fullmer. The letter is requesting the lots be cleaned up, and the Council should place restrictions on the property. Mayor Hansen said that their request is worth considering.
Council Member Seiler asked if this request would require a fence. Mr. Hislop said that they are just asking for a re-zone and to encumber the property at this time. Mayor Hansen said that the fence would be discussed at the time that they present a commercial proposal.
Council Member Satterthwaite moved to approve the re-zone. Mayor Hansen said that we want to work with them but they should work with us on the way it looks there. Council Member House seconded the motion. All in favor and the motion carried.
ENCUMBRANCE AGREEMENT AND COVENANT TO RUN WITH THE LAND,
John and Toni Post
Mr. Mark Hislop is representing Mr. And Mrs. Post with this request also. Mayor Hansen opened to discussion.
Council Member House made the motion to encumber lots 2 and 3 of the Maynes minor subdivision. Council Member Gray seconded the motion. Council Member Satterthwaite said that she is uncomfortable without knowing what they have planned. Mr. Hislop said that they are not asking for approval for anything other than the encumbrance at this time. They will have to come back to the Board to get approval for anything that is a conditional use. Council Member Satterthwaite said that generally we have required to know what the intent was. Council Member Gray said that we haven=t required it they have just brought it in. Mayor Hansen said that it is just unusual that we haven=t seen the plan. Council Member Gray said in previous discussions, would he have not approved it if we had know what was going to be built. Council Member House said that what he can do on 2 lots he can do on one lot. All in favor motion carried.
SUBDIVISION REQUEST, DISCUSSION/APPROVAL, Mark & Kathy Hislop
Mr. Hislop explained that he is in the process of acquiring a piece of property at 150 south 35 west. The property is 6.2 acres and he would like to subdivide it into lot 1 and lot 2. Mayor Hansen said that the recommendation of the Planning & Zoning Commission, they did make a motion to approve the minor subdivision.
Council Member Seiler said that her house is on the boundary of this property and she has no objections to the house. Her concern is that it is done according to ordinances. This is just a different layout.
Council Member Satterthwaite explained that during the Public Hearing for this request Commission Member Ballingham had an interesting idea of writing an ordinance that deals with flag lots for the future. This request fits that description. She is a neighbor across the street and was concerned about the safety of getting back to lot behind, but after measuring it and seeing how much road way was going back there she felt a lot more comfortable about the whole property. Only one thing that came up for her was that in a similar small subdivision they required a 26' road. She felt like they set a precedence and is uncomfortable doing less than that.
Council Member Gray said that he agrees that if we have already set a precedence then we should stick with that. However, were we talking about a driveway or a roadway, it may be different. This is just a private drive. Mr. Hislop said that it=s a utility easement and he will use it as a driveway, not a road or street. He wants the easement for access to lot 2 and give the people in lot 1 a place to park back behind to help get the parking off the street. Mayor Hansen said that on the other subdivision that was approved the road was going to connect 1st west and 3rd west. It connected to another road. This one is an easement or a private driveway that goes nowhere but to a residential home. Council Member Satterthwaite said that she feels it is in the ordinance and we are obligated to do it.
Council Member Gray made the motion to approve the subdivision. Council Member Seiler said that she disagrees and asked if the front lot has been surveyed. Mr. Hislop said that the survey has been done and that is what is being presented to the Council. Council Member Seiler said that there are no survey stakes and wondered about the markers. Mr. Hislop said that they are waiting until the plat is approved to see if they have to make any changes. Council Member Seiler asked about the debate of the west property line between him and the property owner. Mr. Hislop said that there=s no debate, the survey shows where his property line is and the existing fence is within his proposed right of way. He wants to be a good neighbor and his right of way will be within the fence line and it won=t have anything to do with what he considers to be his property.
Council Member Seiler said that one of the issues that came up during the Public Hearing is fire protection with just a driveway going back. She wondered about having a fire truck going back and if it needed a turn around. She suggested that we put a condition on that the Fire Department go out and looks at it to determine what they need to provide fire protection.
Council Member Seiler said that Mr. Hislop has a business that he will have at the home there. She is concerned about the width of the access for his business back there and any business that would go back there in the future. Mayor Hansen said on all home base businesses, like what Mr Hislop is doing, we haven=t ever required anything other than what you see there. He won=t really have any more coming and going than what he already has there. Mr. Hislop would have to apply with the Town Council for a change of location for his business.
Mr. Troy Petersen is the owner of the property and he has signed the application as the owner. Mr. Petersen said that he is aware of the request and gives his full permission.
Council Member House seconded the motion. Council Member Seiler added that they meet with the Fire Department to discuss fire protection. All in favor and the motion carried.
FINAL PLAT APPROVAL REQUEST FOR ELK=S RIDGE SUBDIVISION PHASE II, Frank Smith
Mr. Frank Smith and Mr. Lance Anderson, from Cache Landmark, are here for final approval for phase II of Elk=s Ridge Subdivision. Council Member Seiler asked about the grade of the road. Mr. Andersen said that they did answer and address everything as far as the concerns of Mr. Jason Linford from Sunrise Engineering. They did get the road grade down to 12.5%. Council Member Seiler said that at the last Council meeting they said it had to be at 12% according to the ordinance. Mr. Smith said that is what the new ordinance says. It is their understanding that there could be a variance. If they change the grade to 12% it would create an 8' cut and make it very difficult to get into those lots. Mr. Anderson said that they would do what they could to be reasonable. They did look at the 12% grade but it doesn=t make sense because it would be too much cut and too much fill. Right now with a 12.5% it still requires a 4' cut and fill. They feel that they have taken care of the safety concerns also. Mr. Smith said that it is possible to do 12% but it will really inconvenience the people a lot.
Mr. Linford has reviewed the plats and Mr. Smith has tried to clear up everything on the plat that he had a concern with. They did submit, to Mr. Linford, the plan for the detention ponds.
Mr. Andersen said that they would like conditional approval based on Mr. Linford=s recommendation. He will get with Mr. Linford to make sure everything is taken care of.
Mayor Hansen said that they need to make sure there is adequate spacing between the pumphouse and the canal. Mr. Norm Mecham said that he has looked at the plans and feels that there is enough room, as long as they can get in there to do what they need to for the canal.
Council Member Seiler said that there are a lot of letters from people who have bought a lot in phase I, concerning finishing phase I. Mr. Smith said that he agrees with the people and things have taken longer and was more expensive than he expected. There is a letter of credit on file to make sure phase I improvements are completed. Mr. Smith is still working with Utah Power to finish their installation. There are a couple of things that will be fixed in the next couple of days. Once the pump house is completed the water will be basically done.
Mr. Smith said that they did sell the lots to help pay for the utilities for phase I. He said that he has lost money doing this because he sold the lots very cheap. He said that he does not see the connection between phase I and phase II.
The tank is done and they are starting construction on the pump house. The tentative schedule for the pump house is imminent. The telemetry between the tank and the pump house is radio. It would be reasonable within the next month to have the pump house done.
Mr. Smith said that the costs have gone up a lot but they are almost finished with this project. He said that in phase I there were some mistakes but this time they have partners and there won=t be the financial issues for phase II.
Council Member Satterthwaite said that one of the concerns with the property owner=s are that they have purchased property but they can=t get a building permit. She asked if we should hold the approval until phase I is complete. Mr. Smith said that there have been subdivisions in the past that sell lots where there are no utilities to them. Those are old subdivisions and we don=t approve subdivisions without utilities. Council Member Satterthwaite said that Sweetwater Subdivision is under county jurisdiction. Mr. Smith said that they are trying to get things done before the weather gets too bad.
Council Member Seiler said that it sounds like the completion of phase I is a couple weeks or a month off. Mr. Andersen said that the pump house will take a few more weeks but Utah Power is at their own pace. They have inspected the utilities and there are a few things that need to be corrected then it should be finished.
Mr. Smith said that we had an irrevokable letter of credit for a year and then we had to extend it for a year, which expires December 31, 2006. There is no building on the property at this time because it needs to be completed. Mr. Smith said that approving phase II will not affect getting phase I finished except in a positive way because they can take the revenue from selling the lots to finish phase I. There won=t be any building up there until next spring because of the weather.
They will need to provide a letter of credit for phase II also.
Mr. Andersen said that phase I is a separate agenda item than phase II, it should be a different approval. The Council could look into exercising the irrevokable letter of credit for phase I if they feel they need to. Mr. Smith said that he understands the letters and the concerns from the property owners. They are working and they are really close to getting it finished.
Council Member Satterthwaite said that there is a provision that when people buy into a subdivision there is a second right of refusal for the people that can=t get a building permit. She asked Mr. Smith if they are aware that they can get their money back. Mr. Smith said that he has made them aware of that. He said that it is unfortunate that it did take the time it did to build the tank but it is for the benefit of his project and the Town and Harbor Village.
Ms. Cindy McLaughlin said that the people who bought there are excited about the lots and they want to build there. Their opinion is that if phase II is not approved then it will get the utilities in quicker for phase I.
Council Member Satterthwaite read the letter from Mr. Tony Martineau, the Town Attorney. Mr. Andersen said that they did check the issue and will resubmit the plans to Mr. Linford to re-check. They will meet Mr. Linford=s requirements for the final approval.
Mr. Smith said that phase I and phase II are 2 separate issues. Nothing is stopping phase I but Utah power, construction of the pump house and a few minor changes on the tank from TBP Construction. Mr. Linford and Mr. Travis Hobbs needs to do a walk through on the water and once they approve the system the 1 year time limit will start.
Council Member Satterthwaite said that she doesn=t know of anything in the ordinances or statute that would not allow this to go forward but they need to be very sensitive to the people who own property in phase I.
Based on that Council Member Satterthwaite made the motion to approve phase II of Elk=s Ridge Subdivision. Council Member House seconded the motion. All in favor and the motion carried.
RASPBERRY DAYS FESTIVAL REPORT FROM CHAIRPERSON, Laraine Schnetzer
Ms. Schnetzer said that the Raspberry Days Festival went very well this year. She said that having the parade on Thursday helped with the traffic issues. The parade went very well. The fireworks were very good. We had a lot of participation from volunteers and from the vendors.
We had $20,649.94 in revenue and $12, 518.29 expenses. The profit was $8,131.65, which goes into the general fund.
WATER RATE STRUCTURE DISCUSSION
Mr. Evan Simpson discussed the comments that were made during the public hearing. There was good input from the citizens. When they realize that the Council has done the best that they could to keep the rates low they usually understand why things are this way.
Mayor Hansen asked if the Council is prepared to make a decision on what option they would prefer.
Council Member Gray made the motion to adopt Option C as the base rate for the new water rate, because it addresses overage at 3 different levels instead of just 2. Council Member House seconded the motion for Option C. All in favor and the motion carried.
SWAN SPRING UPDATE
The site survey has been complete and should be to Sunrise within the next few weeks. They will be able to complete the design when they get the survey.
Mayor Hansen said that Mr. Hillam has decided to cooperate with Mr. Petersen and they will realign the property lines so that we should be able to build 2 tanks instead of just 1. We are getting written agreements with both of them.
We need to get the water meters secured and get the funding done.
They will be ready to go to bid on the treatment plant in a couple of months. We should be able to advertize in February to take advantage of the winter bidding season. They will get the plans to Mayor Hansen next month.
TRANSFER/EXCHANGE OF WATER RIGHT=S DISCUSSION
Ken Tuttle from Sunrise Engineering
Mr. Tuttle said that he has looked through a sample ordinance that the Town Attorney provided. He went through them with the Council. He said that he likes the section that states that additional water rights may be required to be conveyed to the Town.
Mr. Tuttle explained that he has prepared a Water Rights Acquisition Protocol Policy that he passed out to the Council. He recommended that it be approved along with the water right ordinance.
Mr. Tuttle also prepared a weighted point system that would evaluate the priority of the water right that he passed out to the Council for review. He explained the spreadsheet and how it would fit in with the policy of the Town. It is a way to numerically give a water right a score and to weigh the score to determine if we want to accept it or reject it. Mr. Tuttle proposes that each of these items be adopted into the ordinance.
Council Member Gray asked, as we go through the acquisition, what would the cost be for the transfer? Mr. Tuttle said it would be very hard to say. Council Member Satterthwaite asked if it would be a cost better born by the developer other than the public? Ms. Lana Hodges said that there is a procedure that the developer has to follow and a fee to transfer water in the canal. The cost is born by the developer. Mr. Tuttle said that you can=t offset all the costs back to the previous owner because the Town would have to protect our own interest in the hearings.
Mayor Hansen said that there would be two different options and one would be if we are actually purchasing the share and the other would be if we are exchanging. Council Member Satterthwaite suggested that we ask the attorney if we can make that a part of our subdivision approval process to pay for the transfer. Mr. Tuttle said that it would be in the best interest for the Town to have the control of the process and to make sure everything is done proper.
Mr. Tuttle said that is what he proposes for our ordinance and policy protocol. In order to get a transfer from one entity to another we have to go through DDW requirements.
Council Member Satterthwaite asked if we are treating all of the developers equally if we say we will take this right but we don=t want another. Mr. Tuttle said that if we have a written procedure or a written protocol we have started down that road to treat everyone fairly. It doesn=t make any share undesirable. We haven=t discussed what score they would need to go through the process to be approve.
Mr. Tuttle recommends that we take everything to acre feet so it will compare apples to apples. He said that this policy is about as simple as he can get it. If a developer comes with a water right that is not desirable there could be another option for another type of compensation. Each water right is worth what it is worth, all of them aren=t the same. Some are worth a lot more than others.
It can be a very difficult process and can take a long time.
Mayor Hansen said that we are in the loop on the Balsamorhiza well it is in the process. We need to go after the rights that have lapsed. Council Member Satterthwaite said that we need to pursue the Pickleville well.
Mr. Tuttle said that as far as the rights that are not being used, the non-use application must be filed before April, 2007. Mayor Hansen said that we need to have Sunrise do that.
We need to get the ordinance put together and everything with it in the ordinance form. Mr. Tuttle said that the Town Attorney and Sunrise needs to work together on that. We need to not waste any time doing this. We will contact our Attorney with some recommendations and give him Mr. Tuttle=s phone number.
Council Member Gray made the motion to contact the Town Attorney to work with Sunrise Engineering to draft an ordinance on transfer of water rights and to include the Acquisition Protocal and the Weighted Point System. Council Member House seconded the motion. Council Member Satterthwaite asked for a limit to the motion to include, withdraw attempt to amend and go with original motion. All in favor and the motion carried.
Water Transfers Discussion for property located north of Swan Creek Village, Robert Statham
Mr. Paul Webb is representing Mr. Statham. Mr. Statham has made application with Rich County for his development in Swan Creek Meadow. He is requesting to connect his development to the Garden City Water System. Mr. Ken Tuttle prepared a draft for 55 acres that Mr. Statham acquired but now he has acquired another 57 acres. He wants to move forward on getting his development done. He wants a commitment from the Town as soon as possible in getting the transfer done so he can move forward. Mr. Statham has 16 acre feet of water for the 55 acres and 18.63 acre feet for the 57 acres, both are in the Cook=s allocation.
Mr. Webb said that the important thing for Mr. Statham is to know how many units he can have in exchange for the water rights. We are trying to find a way to fill the gap between what they actually have and what they want for the total build out. Mr. Tuttle said that if there is a gap on the 35 acre feet, how is the Town going to address the gap? Are we going to allow the process to begin and approve the development based on what they already have? There are ways to protect the Town and let the developer start.
They are coming to the table with a very highly rated water right. Mr. Tuttle said that we could give a conditional approval based on what they bring to the table but don=t allow them to go into the negative side on the water rights portion. He is just talking water use now, we don=t want to use the Town=s water right for their subdivision. There may be a time when we will be doing that because of the lengthy state approval process. We have some buffers built into our system right now, and we need those buffers. When we make the initial evaluation and if it appears that they don=t have sufficient water rights then we can require that they bring that back up to what they need for the development. They need to bring that water right in ahead of their development. The Developer may have to acquire additional water rights as their development grows.
Mr. Webb said that the important thing for this developer is to know how many units he can have under the state formula. They need to know what the Town will be comfortable with for the number of units and the use.
Mr. Tuttle said that we don=t have any intention on becoming water rights rich but we also shouldn=t go in the deficit for a developers project. Mayor Hansen said that right now all we are requiring is what they will need for their development.
An audience member asked if there are considerations for developments that are going to develop based on conservation. Mr. Tuttle said that it puts the Town in the practice of policing the use, which we don=t want to start. He said that the Town can put on a meter and that would give a good idea of the use for each lot. Mayor Hansen said that the constant in every scenario is the house itself. Mr. Tuttle said that is depending on the house, it is still a policing issue.
Mayor Hansen said what we are going to be facing is the people with more land than what they have water for. The process and the policy has to be something that is manageable for the Town. It must work well or it will be a huge issue.
Mr. Webb said that putting a bulk meter on the subdivision would take care of knowing the use because you know the amount that they bring to the Town and if they go over that then you can take care of it. Mr. Tuttle asked if we really want to take on that responsibility. Also, how can we take care of that situation, we can=t turn off every home if they go over there allowable use.
Mr. Webb said that an issue the developer will have to show is how many units of condos and 2 acre lots and lodges etc. The formula gives a very accurate list of how much each of them will use. Mr. Tuttle said that is based on the state formula.
Council Member Satterthwaite said that we can go through all of the process for this but do we have a sufficient delivery system? That would be the engineering side of this issue. Mayor Hansen said that our distribution system very adequate.
Council Member Satterthwaite said that in the new developments, does it make sense to require them to build a secondary/irrigation system for their needs. Can we require outside use to be handled another way other than our culinary system. Mr. Evan Simpson said that because you must have separation and it is a completely different way to do that. Mayor Hansen said that it is just as expensive to install an irrigation system as a culinary system. At this point in time we don=t need it.
Mr. Webb said that they would request a commitment from the Town so Mr. Statham can move forward. Is the Town interested in acquiring his right in exchange for the water connection to our system based on our formula and the state formula. Mr. Statham needs to make a decision on wether to continue working with the Town or do his own system.
Mayor Hansen said that to make the commitment, it would have to fall within compliance and it would have to fall within the formula that we will give them. The state formulas and the water right formulas, he will have to follow both. Mayor Hansen said that when we do our ordinance we will be following the formula submitted by Mr. Tuttle.
Mayor Hansen said that we need to base it on the type of right that it is and compliance to the formulas. The rights that Mr. Statham owns are a good right. Mr. Tuttle asked if the Towns formula will be any different that the state formula. We need to plan for a year round formula. Mr. Tuttle said that if those units approved pay the same water assessment to the town, what does it matter if they are full time or seasonal. Council Member Satterthwaite said that they will be paying more because they are out of the Town limits.
We would like to put together as much of this as we can so that we can give a good answer. Mr. Webb said that the recreational use vs. full time use makes a difference to the developer for this project, because he wants to maximize what he can do. Mayor Hansen said that it will all depend on whether they actually live there or are only there so much of the year and that is more likely what it will be. If we had a meter reading program then we should have sufficient documentation to know this.
Council Member House said that to give them an answer tonight, he would say yes that will work with them based on what they are proposing. Council Member Satterthwaite suggested that we approve a phase by phase basis.
The county has approved a density of 2 units per acre for this development. They are requesting approval for 224 units, which is the maximum density that the county will allow.
Council Member Satterthwaite made the motion that the Council call a special meeting in 2 weeks to find out what we need from the county relative to the density and the building and give them an opportunity to tell us that they have water sufficient to do what they want to do.
Mayor Hansen said that it is going to be an issue where we have to work closely with the county and set a procedure with them on how they will interact with the Town when it comes to water for subdivisions outside of the Town limits.
Mr. Webb asked for a commitment from the Council based on the formula.
Mr. Tuttle said that we need to hold to the state formula. Mayor Hansen said that we need to make sure that the county base there approval on the density. Council Member Seiler said that during the last meeting we said that we agreed that we would work with him on this development. Mr. Webb said that they just need a commitment that we want the water based on the states standard formula. Mr. Tuttle said that the rate structure will determine the use there. He said that we will be covered under every scenario, the formulas are in place to protect us. Mayor Hansen said that it is all based on an assumption that they won=t be here 100% of the time.
Council Member Satterthwaite read the motion from the last meeting that said that we are willing to work with them with the water rights transfer. The recreational issue is manageable. It also brings in more revenues because outside the Town limits they pay 50% more than inside the Town limits. We already made the motion to work with them on this project.
There is still a motion on the table to set a Special meeting in two weeks to allow us an opportunity to find out what the county has approved and see what Mr. Stathams plans are. Mr. Webb said that the Council shouldn=t need to look at the plans we should look at the use and they have already given us those numbers. Mr. Tuttle said that he knows what they are seeking and we can figure it from there. Mayor Hansen said that we are asking Mr. Tuttle to take their allocation with their units and verify it to make sure it works for us and make sure that it calculates out right. Mr. Tuttle said that they have to determine their firm number on everything and he can figure it based on that.
PETITION TO ANNEX CERTAIN REAL PROPERTY, DISCUSSION/APPROVAL
Property located on the south side of Hodges Canyon Road, Norm Mecham
Mr. Mecham said that he has everything that was required from him and Mr. Ron Hansen. Mr. Hansen purchased the property from his brother Mr. Wayne Hansen. We either need a deed showing that Mr. Ron Hansen owns the property or letter from Mr. Wayne Hansen agreeing to the annexation.
Council Member Satterthwaite made the motion to approve the petition to annex the property on the south side of Hodges Canyon Road with the deed from Mr. Ron Hansen or a letter from Mr. Wayne Hansen. Council Member Gray seconded the motion. All in favor and the motion carried.
AWARD OF BUTTERCUP PUMPHOUSE PROJECT
All the bonding and insurance documents were turned into the Town Attorney and he has reviewed them and approved them. He was also okay with the bidding process to hire TBP Construction.
Council Member Seiler said that our ordinances state that we can=t accept a bid if it is more than 1/10 of the estimate. Mr. Evan Simpson explained that ordinance was taken from another Town and it probably doesn=t fit with this situation. It is meant to protect an Improvement or an Assessment District. He said that we want to have the right to accept or reject any bid if it is what we need. In his opinion it is completely out of wack and we need to re-write the ordinance.
Council Member Satterthwaite made the motion to approve the award of the Buttercup Pumphouse project to TBP Construction. Council Member House seconded the motion. Council Member Seiler asked how we justify that we are not in compliance with our own ordinance. Mayor Hansen said that if we delay this project any longer we will not get it done this year and we made a commitment to get this project done. We didn=t get any bids on this project and so we went ahead with the consent of our Attorney. Council Member Gray, for; Council Member House, for; Council Member Satterthwaite, for; Council Member Seiler, opposed. Motion carried.
Mayor Hansen explained that TBP will start construction of Pump house approximately September 18, 2006. The estimated completion date will be 45 days later. They have a $100 penalty for every day after that day.
Mr. Jim Schnetzer asked about getting a generator in case the power goes out. Mayor Hansen said that if the power goes off they will have the line pressure that they have now minus the 2 psi.
Mr. Schnetzer said that they considered it a done deal based on the public hearing held in May 2005 and a Town Council meeting held June 9th, 2005 when they were told that they would be allowed to ride ATV=s in the subdivision.
Council Member Gray said that he looked at the notes and we may have mislead that group. He read the state law that allows local municipalities the authority to designate certain streets to allow ATV users to gain access. He said that when the committee came up with that ordinance it was their intent to provide access to riding areas. That is why we addressed several streets in the area that did this. With that in mind it would defeat the purpose of what the committee set out to accomplish and also would go contradictory to state law to allow ATV=s in Buttercup at this time. It is the intent that when 300 west is completed then it will be allowed. We need to insure that it is for the right purpose, to gain access to a riding area, which is an appropriate use. He said that the Council needs to make an decision.
Mr. Schnetzer said that they know they are landlocked until 300 west is there. Until such time they are forced to trailer to get to the riding areas, they understand that. They are asking to be allowed to ride around on the Buttercup streets. Council Member Gray said that if we grant permission to ride around on the roads in Buttercup and someone has an accident on an ATV that is not designed to ride on the paved roads in Buttercup, it would not be in the best interest of the Town. It would place the Town in a difficult situation to allow that because it is contrary to state law and also is in contrary to our own ordinance. When 3rd west comes in then they would have access to the Shoshone trail and the beach, then it would be allowable.
Mr. Schnetzer requested a decision by the Council. Council Member Satterthwaite read what the minutes said and she said that it sounds like it is consistent with what Council Member Gray is saying, that they are treated the same as everyone else in Town. The minutes are vague. Mr. Schnetzer said that the biggest decision to approve the SID was the ability to ride ATV=s in the subdivision. There were a lot of people opposed to the SID if they couldn=t ride in Buttercup.
Mayor Hansen said that if we allow them the ability to ride in Buttercup then we would be taking on the liability of any accidents that would happen.
Ms. Laraine Schnetzer said that her understanding was that when the HOA talked with the Town Council they agreed that they would let Buttercup ride on the roads until 3rd west comes through. That is what they took back to the homeowners. That is the only reason a lot of people voted on the SID. Mayor Hansen asked, based on the ordinance and knowing that the Town would be liable for anyone that would get hurt while riding in the subdivision, are they still willing to encumber the Town with that obligation knowing that it may come back to bite the Town in the future.
The Council stated that this was just intended for discussion, there is not a legal decision that needs to be made.
Mayor Hansen said that he feels that we gave Buttercup the impression that we would allow the ATV use in the subdivision. Mayor Hansen said that he wants to go on record to say that we are sorry that happened. Council Member House said that he felt that the Planning & Zoning Commission also gave them the impression that they were allowed.
Mr. Schnetzer asked that if Buttercup put a statement in their bylaws that if any person is injured while riding there then the Town is not liable, would that make a difference? Council Member House said that the Town can=t bless them the right up there because then the Town takes on the liability.
BUILDING INSPECTOR REPORT
Mr. Ralph Cannon passed out his report, which is current to yesterday. They have 254 open permits for the Town and the County. Mr. Cannon said that everything is running very functionally. They have a handle on most of the things in the Town right now, they are just trying to take care of some past issues. They are able to get the permits out in a reasonable fashion and keep up with all the inspections. They are trying to be fair with and treat everyone the same.
The Council said that they have heard good feedback on what the Inspectors are doing.
Mayor Hansen asked about certifications. Mr. Cannon has 2 certifications and he will take the next 2 within a month and a half. Mr. Abraham will be taking the tests soon. They should each be certified with all 4 by the end of the year.
Council Member Satterthwaite asked about working out the re-application fees. Mr. Cannon said that they talked to the state and he can charge anything they deem appropriate for the re-applications. They charge 2 of the permit fee.
Rich County Tourism Grant FY 2006
This is the grant for the trail head up Hodges Canyon. Council Member Gray said this will happen and we will be using the grant money for that trail head. The State Park=s will be purchasing the property and donating it to the Town.
Rich County Tourism Grant Application FY 2006
The new application will be filled out for a restroom at the trail head.
GENERAL PLAN DISCUSSION
Council Member Satterthwaite said that she read some things on this and it does state that the General Plan be drafted and drawn by the Planning & Zoning Commission. She suggested that the Town Council determine what is missing in the General Plan, put them in a letter to the Planning & Zoning Chair for their review.
Commission Member Jennifer Huefner said that she is going through the material that she received from a seminar which states that the Planning & Zoning Commission has a much greater responsibility than what they realize. She is very willing to do what they need to do. She feels that they are just not educated on their responsibilities. She said that she would like to have a professional City Planner that they can get advice from on a case by case basis. She would like the guidance to make the decisions for the things that come before them every month. Mayor Hansen said that he would agree with that, but there are some things that we need from the Planning & Zoning Commission. We need a greater commitment from the members that serve on the Boards in the community. It is worth the time and effort to learn the responsibilities during the 3rd week meeting. It has been the constant struggle, we can know more than we know but we need to be committed. Commission Member Huefner said that there is so much to know, there is so much involved in land use. We need professional advice to help us. Mayor Hansen said that we really need to look into the cost involved in that. It is a very expensive thing to do and it could be a short term thing. Mayor Hansen said that there is also a time restraint. It will take more of a commitment of more time.
There are state funds to help write a General Plan, and there are consultants at the League that can help.
Council Member Satterthwaite said that today they had a lecture by an attorney that said that the ULCT went out on a limb to back off of on what was happening to SB170. The developers said that they find it impossible to assist the cities in what they need and to change the perceptions. There is some help available through the League, we just need to let them know what we need. They will be back if we don=t do what we told them that we will do.
The state code goes step by step on what needs to be done for the General Plan.
Mayor Hansen said that what we need to do is set the goals and put time frames on them so that we can achieve them. Everyone of the Council should look at the plan, see where they are deficient and put that down on paper. Then Ms. Sharlene Millard can send that on to the Planning & Zoning Commission.
Council Member Seiler suggested that we use the input meeting to work on the General Plan.
New Library/Town Hall designs
We need to commission someone to go to work on this. We need to develop a list of what we want in this building, give that to someone and let them go from there for the design. We need to put a bid out for and architect. Next Wednesday everyone should bring their list of what they want inside the building. The park was approved for the location for the new building.
Proposal from RC Software and Novotx Software, for GIS software and support
Mayor Hansen said that Sunrise Engineering is doing a lot, for us right now, on these type of things and we don=t want to duplicate that. Mr. Travis Hobbs said that he thought they were trying to do mapping of the Town on ArcView. The Software company actually does that also but their program is a maintenance program so we know what has happened in the past.
Mayor Hansen will take the assignment to ask Mr. Jason Linford what he is doing and what he has done so that we don=t duplicate it. We can use the aerials that the county has just done. We do still need to have money in the budget for the GPS equipment. Council Member Gray will work with Mr. Hobbs to have a proposal for GPS next month. We need to know exactly what Mr. Linford is doing.
We need to approach Mr. Bryce Nielson and see if they have any funds from Homeland Security for this type of project. We will put this discussion off until next month when we can talk to Mr. Linford.
Discussion Regarding Attorneys Comments Regarding Church Service being held at the Garden City Office
Ms. Hislop explained the comments from the Town Attorney, he would like an opinion from the Attorney Generals Office and also the County Attorney.
The Council felt that without an opinion at this time we should error on the side of the citizens.
Council Member Gray made the motion to allow the church service to be held in the Garden City Town office. Council Member Seiler seconded the motion. Council Member House said that the fees are applicable and need to be paid the same as everyone else. All in favor and the motion carried.
Mr. Gerald Hunsiker said that the guidance and the decision and the Council concurrence of this issue speaks highly of them all. Legalism is not as good as ones heart. He explained that they have found a new place to meet but he is impressed with their decision to put the citizen first.
Nuisance Complaint Filed by Mr. Wayne Johnson and Mr. Cody Johnson
We have received a nuisance complaint filed by Mr. Wayne Johnson and Mr. Cody Johnson. We need to do something down there, it is not a good thing and it=s getting worse. The Council suggested that we send the Building Inspector=s down there first with a copy of the ordinance. They should advise the Sheriff that they are going there first.
Discussion/Approval of a Windmill located at 2123 S. Bear Lake Blvd. Bear Lake Country Store
Mr. Jim Stone would like to put in a windmill at the Bear Lake Country Store. It is an experimental thing depending on the wind. The Council said that they would like to see a picture of it before they approve anything. He needs to bring in a picture or a brochure. The Council needs more information. Council Member Gray said that there is nothing in the ordinance that addresses anything other than a structure so we just need more information.
Discussion/Decision regarding recommendation from the Planning & Zoning Commission that they be designated as the Garden City Land Use Authority and: Discussion/Decision regarding recommendation from the Planning & Zoning Commission that the Board of Adjustments be designated as the Garden City Appeals Authority
Council Member House made the motion to re-name the Garden City Planning & Zoning to the Garden City Land Use Authority. Motion died for lack of second.
Mayor Hansen said that his concern is who will do the appeals. Council Member Satterthwaite said that this was a topic of big debate during the seminar because different cities have designated different people or Boards for the Land Use Authority. The Land Use Authority makes the final determination on issues.
Council Member Satterthwaite said that different Towns have used different people or boards as their LUA. The bulk of Towns have made the Town Council to be the LUA and have made a new Board to be the Appeals Board. The Attorney said that Towns would be wise to take the Legislative Board out of the LUA works. Council Member Satterthwaite said that she will check into that recommendation further.
Council Member Satterthwaite said that she would recommend that we leave the Council as the LUA because it fits the way we do things now. We should do an ordinance and declare them to be the LUA. We should keep the Planning & Zoning Commission as the Advisory Board and then create a separate Board as the Appeals Board. Another option is that some cities have made a professional planner one or the other. That puts a lot of power in the hands of one person.
Council Member House said that if you are going to create an Appeals Board then we should have the Building Inspectors on the panel. Council Member Satterthwaite said that depends on how the Town is set up. If we give the authority to the staff to make the decisions then they can=t be a part of the appeal.
We really need to put people in the Board that would really be able to see both sides of the issue.
Commission Member Huefner said that it was recommended to her that the Town Council was the LUA but everyone else thought that it should be the Planning & Zoning Commission. They are the advisors to the authority. Council Member Satterthwaite said that is how we function now.
Mayor Hansen suggested that because of how much we have to do right now that is important to get done. He suggested that the Town Council be the LUA and the Appeals Board for right now. The Council said that we can=t be both. Th appeal has to be heard within 10 business days.
Council Member Satterthwaite made the motion to appoint the Town Council as the Land Use Authority and ask the Mayor to provide 3 names of people that would have some training and back ground and allow the Town Council the opportunity to look at their letters if they want to be considered for the position of the Appeals Board. That will state that they have a commitment to be on the Board. Mayor Hansen will present the 3 names to the Council for approval or denial during the next Town Council meeting. The Council can appoint all 3 or any of the 3. Council Member Gray seconded the motion. All in favor and the motion carried.
3rd West Discussion
Hickman Title - Dedication of Land
Council Member Seiler said that we have the final title description for the dedicated right of way on 3rd west and there are still some properties that have delinquent taxes on them. Do we want a partial reconveyance from them to the Town to take them out of the equalization. They will just rewrite the description of the property and take that out of the description. The Council agreed to go forward on that. She stated that 3rd west is starting to look like a street.
Disposition of Topsoil
Council Member Seiler said that they are piling the topsoil from the road. It will be good to sell it but how will we go about selling it? Mayor Hansen suggested that we go to LeGrand Johnson and ask them to trade for road base. The top soil is on the Circle C property. Mayor Hansen said that he talked to Mr. Dennis Ashton and told him that we just want it piled up along the edge. Mayor Hansen said that we need to move on it now or it will disappear. Council Member Seiler said that she will contact Mr. Ashton and tell him that the topsoil belongs to us and not them.
Frehner Construction should be done with 3rd west by the end of the month.
Council Member Seiler received approval for the Lockwood development for their entrance. They do have to put in a left hand turn lane. Mr. Linford is looking to see if we can save money to work with them. Mr. Linford didn=t think it would save us much money.
Council Member Gray said that UDOT approached him about putting in a turn lane at Rendevous Beach and doing that on their own. UDOT will do will do existing roads but not new roads. Mr. Linford will get some figures on a left hand turn lane.
The Utah League of Cities and Towns was contacted and asked to work on our impact fees on the roads. They won=t do that so we are back to Mr. Linford doing it for $15,000.
Approval for cost/benefit analysis for Raspberry Days Festival
Council Member Seiler said that she has received a lot of comments from citizens regarding Raspberry Days and she feels that we should get local input on Raspberry Days. She asked Ms. Judy Holbrook to talk to the businesses for their input. We should have a meeting and open it up and let the people give their input about Raspberry Days.
COUNCIL MEMBER REPORTS
Council Member Satterthwaite said that she felt that the land use ordinances are in good shape as they relate to the zones and how we put in permitted uses and conditional uses. For every conditional use we put in a zone we need to state the standards for it. Courts are making a presumption that a conditional use is a permitted use unless our ordinances are specific enough to state why it is a conditional use. We need to give procedural due process.
Council Member Seiler said that the street signs are a little bit bigger than originally ordered. They are now 6 x 40 and will have 4" letters. The decal will be 5" high.
Council Member Seiler said that Cherimoya needs to buy their own signs and they are ordered with the town order. We will bill Mr. Mecham when we get an invoice.
Council Member Gray made the motion to pay the bills as presented. Council Member House seconded the motion. All in favor and the motion carried.
There being no further business for the Council to discuss, Council Member House made the motion to adjourn the meeting at 11:30 p.m. Council Member Gray seconded the motion. All in favor and the motion carried.
Kenneth Hansen, Mayor