MINUTES OF THE
TOWN COUNCIL
MEETING OF
GARDEN CITY, UTAH
The Garden City Town Council held their regularly scheduled meeting on Thursday, April 21, 2016 at the Garden City Lakeview Building located at 69 N. Paradise Parkway, Building C. Mayor Spuhler opened the meeting at 5:10p.m.
Town Council Members present:
John Spuhler, Mayor
Pat Argyle
Darin Pugmire
Chuck Stocking
Bruce Warner
Others Present:
Kathy Hislop
Bob Peterson
Anita Weston
Riley Argyle
Glen Gillies
Zan Murray
George Peart
Randall Knight
Skip Duffin
Bryce Nielson
Mike Sobieski
Nate Parry
PLEDGE OF ALLEGIANCE AND PRAYER
The pledge of allegiance was led by Mayor Spuhler and the prayer was offered by Council MemberWarner.
ROLL CALL
Mayor Spuhler asked for a roll call of Council Members present: Mayor Spuhler, Council Member Argyle, Council Member Pugmire, Council Member Stocking, and Council Member Warner.
APPROVAL OF MINUTES
Minutes of the Town Council Meeting held onMarch 10, 2016
Council Member Pugmire made the motion to approve the minutes of the regular Town Council meeting held on March 10, 2016as they are outlined. Council MemberStocking seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
Minutes of the Executive Session of the Town Council held on March 10, 2016
Council Member Pugmire made the motion to pass the minutes of the executive session held on March 10, 2016 as they are outlined. Council Member Stocking seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
BUSINESS LICENSE DISCUSSION/APPROVAL
Addition to Conestoga Resorts business license for off premise catering. Mike Knapp
Council Member Stocking said that this request is the same as what everyone else does.
Council Member Stocking made the motion to allow the addition to Conestoga Resorts business license for off premise catering. Council Member Pugmireseconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
Bear Lake Dirt, LLC, request to conduct a gravel, rock & Dirt delivery company at 2332 S. Kimball Lane, Building C. Travis Hobbs
Council Member Pugmire made the motion to pass the business license for Travis Hobbs, Bear Lake Dirt, LLC at 2332 S. Kimball Lane. Council Member Argyle seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
Wonderr Holdings, LLC. Request to conduct a short term rental business in Garden City, Erick & Lori Derr
This request is only for the business license for Wonderr Holdings, not for the short term rental license for any of the units.
Council Member Warner made the motion to approve the Wonderr Holdings, LLC business license. Council Member Pugmire seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
COVENANT TO RUN WITH THE LAND DISCUSSION/APPROVAL
Parcel #41-21-32-007 and 41-21-32-003 in Buttercup Mobile Home Estates Subdivision, Michael Sobieski
Mayor Spuhler said that he received a call today regarding this request from Mr. John McGee. Mr. McGee told Mayor Spuhler that the HOA voted against allowing Mr. Sobieski to build across the street and requested that the Council not approve the encumbrance. Mr. Sobieski explained that the HOA didn’t want him building a garage across the street from his house. He said that at this point he will follow the HOA recommendation, but he would still like the lots encumbered.
Mayor Spuhler said that there isn’t a problem with the encumbrance, but Mr. Sobieski needs to work with the HOA on the building.
Council Member Pugmire made the motion to approve the Covenant to Run With the Land for parcel number41-21-32-007 and 41-21-32-003in the Buttercup Mobile Home Estate for Michael Sobieski. Council MemberStockingseconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
RICH COUNTY EMERGENCY OPERATION PLAN AND RICH COUNTY ALL HAZARDS MITIGATION PLAN, BRYCE NIELSON
Mr. Nielson presented a slide show and discussion on what his responsibilities are as the Rich County Emergency Operation Manager.
Mr. Nielson explained that we are connected to CodeRed, which is a way to inform people in the community of an emergency or a pending concern.
PUBLIC COMMENTS
There were no public comments.
PUBLIC HEARING
Council Member Pugmire made the motion to open the public hearing at 6:13 p.m. Council Member seconded Stocking seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
DISCUSSION TO OPEN THE GENERAL FUND BUDGET TO REDUCE THE NEGATIVE FUND BALANCE
Ms. Hislop explained that this is really just moving figures from the Capital Projects to the General funds to fix the deficit at the end of 2015 fiscal year. This is required by the State because we had a deficit in the general fund and the special revenue fund.
Council Member Warner made the motion to close the public hearing at 6:14 p.m. Council Member Stocking seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
Return To Regular Session
APPROVAL TO OPEN THE GENERAL FUND BUDGET TO REDUCE THE NEGATIVE FUND BALANCE
Council Member Pugmire made the motion to open the general fund budget to reduce the negative fund balance. Council Member stocking seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
DISCUSSION/APPROVAL TO RE-ZONE PROPERTY at approximately 620 S. Bear Lake Blvd. (on both sides of the highway). #41-21-30-017, 41-21-30-018, 41-21-30-019, 41-21-30-020 and 41-21-30-025 from Beach Development and Single Family Residential zone to a Planned Unit Development (PUD), Legacy Beach, Bear Lake Resort, LLC.
Mayor Spuhler said that he is getting comments from property owners close to the area where this PUD will go. He said that he feels the property will look better than it did in the past. Mayor Spuhler explained the way we have considered the road and the requirement for 5 acres. Mayor Spuhler explained that the ordinance required open/usable open space for recreation and public uses. Mayor Spuhler said that the trail that he has suggested would completely cover that requirement in the ordinance. Mr. Parry said that it depends on who is reading the ordinance and the comments that are coming in. He said that he is getting comments stating that he is going to over populate the beach by allowing the trail through their project.
Mr. Murray reviewed the ordinance and explained that this project coincides with the ordinances and the General and Master Plan. Mr. Murray said that he doesn’t have any concerns with this project. Council Member Argyle said that we have worked with all the developers on the beach to give us some property for beach access.
Mr. Parry explained the project and the layout for the project. He said that his intention is to give a 4 foot access for beach access, but who maintains the access? Mayor Spuhler said that Mr. Parry can give the city the easement and the city would take care of the infrastructure for the access. Mr. Parry said that he doesn’t want any grey areas on who is taking care of the trailproperty. He wants some written parameters for the city to live by their agreements and for Mr. Parry to live by. He also wants it written that the trail isn’t usable until it is improved.
Mr. Murray said that 4 feet is way narrow. He suggested 6-8 feet wide. Mayor Spuhler said that he is fine with writing up an agreement for the access, that will protect Mr. Parry and his partners. Mr. Parry said that he is okay with this as long as there is something in writing with specific parameters.
Mr. Parry explained that he feels that the project meets the ordinance requirements. He has been to Planning Commission and took all the comments that people made and tried to make it fit in his project. He feels that this project will be an asset to the community. They will have a full time employee that will take care of the grounds. They will have a tractor to launch water craft. They won’t allow launching with personal vehicles to help minimize truck traffic. The ramp is 12’ wide.
Council Member Pugmire made the motion to approve to rezone the property as was just discussed. Council Member Warner seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
DISCUSSION/APPROVAL OF PUD DEVELOPMENT PLAN AND PRELIMINARY PLAT for 21 homes on 3.9 acres on beach front and 12 units on 4.1 acres on the west side of the highway. This will be a gated project at 620 S. Bear Lake Blvd. Nightly rentals will be allowed. Legacy Beach, Bear Lake Resort, LLC.
Council Member Pugmire said that he talked to members of the Planning Commission and they weren’t aware of the beach access.
Mr. Parry stated that there are 3 main issues in a development, 1. is the public access and we have been discussing that and just need to write up an agreement; 2. Is wetlands; 3. Is UDOT permits. Mr. Parry said that he hopes the wetland study is done next week. He said that it is technically wetland and should be easy to mitigate. The wetland is in the area he will be developing next year. Mr. Murray will make sure it is on the final plat as to how Mr. Parry will have to mitigate or address the wetlands. Mr. Parry said that he is also working with UDOT on the access.
Mr. Parry said that he is looking for preliminary plat approval and hopes to be ready with the wetland plan so he can get final approval next month.
Council Member Warner made the motion to approve the PUD development plan and preliminary plat for 21 homes on 3.9 acres on beach front and 12 units on 4.1 acres on the east and west side of the highway respectively, conditioned on the access agreement with the city on the south side of the property. Council Member Stocking seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
BUDGET REVIEW
The Council was given a copy of the current budget. Next month will be the tentative budget approval.
PARKING ORDINANCE DISCUSSION
Council Member Warner said that he received an application for a business license that was going in a building that had the same type of use prior. The Council discussed this and determined that if it is the same type of business then it doesn’t need to go to the Planning Commission for parking review.
The Council discussed the parking ordinance at length. Mr. Peterson will work on changes to the parking ordinances to send to the Planning Commission in June.
MISCELLANEOUS ITEMS
Mr. Argyle explained that he has been working with Mr. Barry Negus, from the canal company, and they have worked good with us in the past to get the canal shares for the fish pond. Mr. Argyle said he would like to work with them to change their shares to municipal shares so we can use them for drinking water. The canal company has the senior right. We will have to pay the engineering and fees associated with the transfer. Mr. Argyle feels that it will be about $10,000 at the very most.
This will be on the agenda to vote on next month.
COUNCIL MEMBER REPORTS
Council Member Argyle
Council Member Argyle said that she met with the Raspberry Days Committee and told them that the Council suggested that they charge a dollar entrance fee to get into the craft fair. She said that everyone on the committee said no, they didn’t want to do that. She told them that it would make about $20,000 more.
The Council Members discussed charging a dollar. They determined that it would include going into the food court also, and they wouldn’t charge 12 years or under. It would be $1 for all day.
Mayor Spuhler requested that Council Member Argyle take this back to the Raspberry Days Committee to see if they would reconsider charging $1 per person per day. He said $20,000 could go a long ways to improve Heritage Park so we can move Raspberry Days there.
Council Member Argyle said that Conestoga is willing to put the farmers market at their place. She has talked to them about bringing in produce, honey, fresh baked items, etc. They won’t be able to have anything that will compete with the local businesses. The Council agreed that the farmers market could be moved to Conestoga.
Council Member Argyle said that she will work with the hospital in Montpelier, they want to donate some money for a project. Mayor Spuhler suggested that they donate for the shuttle.
Council Member Stocking:
Council Member Stocking said that the Library Board met last month and determined not to do the rummage sale. Worldmark was a big contributor and donated a lot of furniture, but they remodeled all their units last year so there won’t be any of that for this year. The Library Board Members decided that it won’t be worth their time to have the rummage sale. Mayor Spuhler suggested that they do a raffle or something to make some money.
Mayor Spuhler
Mayor Spuhler said that he will be attending a meeting with the state, next week, regarding nightly rentals. He said that he will also contact the county to see if he can give them some input.
PAYMENT VOUCHERS
Council MemberStocking made the motion to pay the vouchers. Council Member Argyle seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
ADJOURNMENT
There being no further business to discuss Council Member Stocking made the motion to adjourn the meeting at 8:00 p.m.Council MemberArgyle seconded the motion. A roll call vote was taken: Council Member Argyle, for; Council Member Pugmire, for; Council Member Stocking, for; Council Member Warner, for; Mayor Spuhler, for. Motion carried.
APPROVED:Attest:
______
John Spuhler, MayorKathy Hislop, Town Clerk
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