MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

The Garden City Town Council held their regularly scheduled meeting on November 8, 2007 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 5:00 p.m.

Roll call of Council Members Present:

Kenneth Hansen, Mayor

Laraine Schnetzer

Mike Leonhardt

Brian House

Bess Huefner, Sworn in during this meeting.

Others Present:

Kathy Hislop John Alter

Anita Weston Bryce Huefner

Lana Hodges Stan Lamborn

Jason Linford Jared Wahlberg

Carolyn Redington Nathan Wahlberg

Brett England Wesley Wahlberg

Jenny Ramsey John Spuhler

Clint England Clint Harris

Brenda Terry Todd Starley

Jim Schnetzer Heather Starley

Steve Bilboa Karen Lambert

Jesse Malm Tom Wahlberg

Bobbie Coray

Mayor Hansen welcomed everyone to the Council meeting and called for a roll call of the Council Members.

Mayor Hansen welcomed the Scouts that are here in the audience tonight. They are working on their Citizenship in the Nation merit badge.

REVIEW OF DECLARATION OF CANDIDATE APPLICATION FOR THE VACANT TOWN COUNCIL POSITION,

Mayor Hansen explained that Lana Hodges, Bess Huefner, Gerald Hunsicker, and Jacquelyn Meads has applied for the Council position. He asked for comments from the Council Members as who they think should be appointed.

Council Member Schnetzer said that since Ms. Bess Huefner was elected we should appoint her now and give her some experience prior to her elected term. Council Member Leonhardt and Council Member House agreed. This will give her some time to get some things in place prior to January.

Council Member Schnetzer made the motion to appoint Ms. Bess Huefner to the vacant Town Council position. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

ADMINISTRATION OF OATH OF OFFICE FOR NEW TOWN COUNCIL MEMBER

The Oath of Office was administered for Ms. Bess Huefner to the Council Member position.

APPROVAL OF MINUTES

August 23, 2007, Special Town Council Meeting

Council Member Schnetzer moved to accept the minutes of the Special Town Council Meeting held on August 23, 2007 as typed. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

October 11, 2007, Public Hearing for the CDBG Project

Council Member House made the motion to accept the minutes of the Public Hearing held on October 11, 2007 as presented. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

October 11, 2007, Regular Town Council Meeting

Council Member Schnetzer moved to accept the minutes of the Town Council meeting held on October 11, 2007 as typed. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

PRESENTATION FROM THE DIVE TEAM ORGANIZATION, Brett & Clint England

Mr. Brett England explained that they are asking for the creation and recognition of the Dive Team entity in Garden City. He explained that they are trying to work with Dan Diving Accident Insurance for their insurance coverage. They will release Garden City of any liability for the Dive Team.

The Dive Team recognize what we have the beautiful lake in our Town. We want to take care of our citizens and those who come to the Town to recreate. They do want to be able to do rescues not just recoveries.

Mr. Brett England said that they want to create an organization of quick response members who will respond to an incident of a drowning or near drowning. They want to create a team, 8 members that would be trained and continue with the training to do water rescues and to do it safely.

Council Member Leonhardt explained that originally he had a commitment from the Sheriff that he would support this program but since that time he has backed out and now won=t support or fund the Dive Team. There are many members of the Dive Team in the audience tonight, they have put in a lot of hours and money for training. They are here for one reason only and that is to be an entity under the Town so that they can get grants for the Dive Team. The Dive Team is willing to release the Town of liability for anything.

Also, if the Council would so choose they would like to be a line item on the agenda every year for $2500 and anything above that they would look for grant money or fund raisers.

Council Member Huefner asked if they are setting up a non-profit organization. Council Member Leonhardt said that they are being set up under the Town and they would be a non-profit organization.

The County is still concerned about the liability issue. Mayor Hansen said that his real concern that he would have is the liability issue also. Mr. Brett England said that the Bylaws states that anyone that would be covered as a workers comp situation would be ineligible for the insurance under the Dan policy.

Council Member Leonhardt said that he could have an attorney draw up a liability/waiver that each diver would have to sign, which would release the Town from any liability whatsoever. Mayor Hansen is still concerned with the liability to the Town.

Mayor Hansen said that there are 2 issues, 1. is this a priority of what we are trying to do right now, and 2, if we are willing to accept the liability for the entity.

Council Member House stated that it is a good idea but we are still back to the liability. We could have the Town Attorney look at the agreement and the liability issue.

Council Member Schnetzer said that the liability issue bothers her and she asked if they really have to be under the umbrella of the Town. Mr. Clint England said that if they go non-profit private it disqualifies them from any federal or state funding. This would open the door for them to be self sustaining and also apply for those funding opportunities.

Mayor Hansen suggested that we grant them the consideration based on them determining what the exposure will be for the Town and then the Council needs to determine if this is a priority for the Town at this time. Once the things are determined then we can meet back next month to discuss this again.

Ms. Lana Hodges said that from a tax payer citizen prospective that tax payers money shouldn=t go towards this type of an organization. She suggested that they look at being under the leg of the State Dive Team instead of being on their own. The citizens of the community should support that.

Mayor Hansen said that we will continue on with what was said so that we give them a true chance, but they should also look to see if there is something that they can do outside the umbrella of the Town.

SWAN SPRING CULINARY WATER PROJECT/TREATMENT PLANT UPDATE

Mr. Jason Linford explained that we have an advertisement in the Herald Journal advertising for bids for the treatment plant. The plans should be ready in December with a date in February to open the bids. We want to do a site review so the contractors can see the site without any snow.

The plat for Petersen Subdivision is being updated with a few minor changes and then it will be ready to have the homeowners signatures and go for final approval the end of December.

Mr. Linford will contact Lynn Sagers about the bonding for the treatment plant.

Mr. Linford has the plans for 150 south update.

BUSINESS LICENSE DISCUSSION/APPROVAL

Body Basics Massage, Carol Redington

Ms. Redington explained that she moved into Sweetwater permanently. She has been a massage therapist for 20 years and she had her own business in Wood Cross. and she would like to continue doing massage therapy in Garden City. Mr. Frank Smith has areas in the Harbor Village Lighthouse building for her to do massage therapy. She is licensed with the State.

She proposed that she would be ready to start taking clients in December.

Council Member Huefner asked if she would be ADA accessible. Ms. Carolyn Redington explained that there are 2 main entrances to the building that would access the area where she would have her business. One of the entrances is downstairs and the clients needing special accommodations could enter there.

Council Member Leonhardt made the motion to approve the business license for Body Basics Massage for Carol Redington. Council Member House seconded the motion. All in favor and the motion carried.

Heritage Homeworx Property Services, LLC, Todd & Heather Starley

Mr. Starley said that he just moved into the area and he has been doing work with Bear Lake Log Homes. Last week they submitted their LLC papers with Utah for their Property Service business. They do have the liability insurance as well. This is for a handiman service so they are limited to $1000 projects. Anything over that would require a contractors license. Mr. Starley is aware of that limitation.

He is basing the operation out of his home in St. Charles where he will keep his tools and his office. He will just do the work on the site in Garden City.

Council Member Schnetzer made the motion to approve this pending the addition information that we need, Utah State License and tax number. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

DISCUSSION REGARDING CONSTRUCTION OF HOLBROOK HOMES IN BUTTERCUP ESTATES SUBDIVISION, Jim Schnetzer and Mr. Steve Bilboa

Mr. Jim Schnetzer explained that the Council should have a handout that he provided regarding the homes being constructed in Buttercup Estates by Mr. Holbrook, lot 12 and lot 49. They feel that Mr. Holbrook is not adhering to the CC&R=s for Buttercup Estates.

Council Member Schnetzer explained that she lives in Buttercup and has signed the Aconflict of interest@ for the Town. She stated that she may have a Conflict of Interest with this agenda item. She stated that she is not on the Board for Buttercup but her husband, Mr. Schnetzer, is on the Board. Mayor Hansen explained that he has read the form and he states that this has the potential to create a conflict. He advised that there is a potential so Council Member Schnetzer should abstain from any action at the table regarding this issue.

Mr. Schnetzer explained that the Town ordinance states that any new building should not be more than 35' above the mid point of the new building from the original grade of the lot. Buttercup CC&R=s allows 1 foot above the original grade of the lot. Their concern is that he is bringing in fill to build up the grade of the lot and is misleading the Buttercup Homeowners Management Committee and also the Town Inspectors. Mr. Holbrook asked if the plot plan that was submitted to the Town shows any fill. Mr. Holbrook said that it does show fill. Mr. Schnetzer said that they are asking the Town to send a letter to Mr. Holbrook stating that he needs to stop work until the height restriction and the commercial business are resolved. And also, ask the Council if they will go before a Judge to testify regarding any mis qualifications as far as the Town Ordinances.

Mayor Hansen said that our jurisdiction only extend to the point of which our ordinances dictate to us, and right now, as it stands we really don=t have a violation from the Towns stand point. Mr. Schnetzer said that at this point we do not but it should be resolved prior to it getting to that point.

Mr. Steve Bilboa said that there are two issues from the Town stand point, the height of the building and the zoning issue. The building is not completed and so there are no violations but Mr. Holbrook is advertising on the internet and taking reservations for up to 40 beds in each building. They feel that it is a violation at this point because there is a residential building being ran as a business. He also said that the Town has separate fees and separate ordinance for a business. If someone went into a different area the water fees and sewer fees would be more for a business.

Mayor Hansen said that the Buttercup HOA covenants allow for that type of activity. Mr. Bilboa said that currently they do but they are going to wait until they can see what the Town comes up with for the new short term rental ordinance. They will wait until that time and make a decision based on that and then they may change their CC&R=s.

Mr. Bilboa stated that the HOA hasn=t at this time been issued their letter of approval for the second building permit. Mr. Holbrook did a drawing of the home and the grade of the property which shows that the original plans are essentially the exact same footprint of the home, and will be a 2 story home from the front. He did submit the revised plans to the Building Inspector and he will work with him to make sure that he is under the height restrictions.

Council Member House said that they are dealing with non-Town issues. Mayor Hansen said that we are not enforcing their CC&R=s. We are bound by the laws of the Town and we need to determine if there is anything in conflict with the Garden City Ordinances that we have at this point.

Mayor Hansen stated that he would like to see them resolve the problem before it comes to legal action.

Mayor Hansen said that we don=t have a short term rental ordinance in place at this time but when we do everything will be subjected to the same conditions, those that are built right now and those that will be constructed in the future.

GRANT PROJECT DISCUSSION/APPROVAL

Rich County Tourism Grant 2008

The Brochures were granted but they didn=t approve the trailhead. They wanted to see if they would have enough money for the trailhead project. Mayor Hansen will contact Judy Holbrook tomorrow and see where we stand with the grant approval.

CDBG 2008 project

Our project is for equipment for the new library. Council Member Huefner put together some figures for the project for an approximate total of $8,000. After further discussion it was determined that we increase that request to include a internet connection and firewall and additional equipment. The total project cost will be approximately $50,000.

BRAG has approximately $400,000 for projects. There was 6 projects that are going to request money anywhere from $25,000 to $100,000. Council Member Huefner will look into the additional cost and finish the request.

Council Member House made the motion to accept the request as submitted and with the additional costs for the CDBG grant. Council Member Huefner seconded the motion. All in favor and the motion carried.

UPDATE AND APPROVAL OF CONSOLIDATED CAPITOL IMPROVEMENT LIST FOR CALENDAR YEAR 2008

The Council reviewed and made changes to the Consolidated Capitol Improvement List. This will be included in the new General Plan.

Mayor Hansen explained the parking project planned for 50 S. It will be a one way street with one way in and out. He estimated that we can park nearly 600 cars in that area. They also think that it would be a great place for a restroom.

Mayor Hansen explained that we can do one of 2 projects this year with the RDA money. We can do the parking area or the decorative lighting. Everyone agreed that they would prefer the parking area, it is needed in Garden City. Mayor Hansen said that we will order a survey of that street so we can get going on the project.

The Council went through the Capital Improvement list and updated the list of projects, the priorities and the costs for the projects.

Council Member House made the motion to accept the Capitol Improvement Plan for 2008 as we have amended it. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

ORDINANCE DISCUSSION/APPROVAL

Subdivision ordinance

Mayor Hansen explained that last night we spent about 3 hours with Mr. Fawcett reviewing the proposed subdivision ordinance. Mr. Fawcett is now including the things that he suggested into our ordinance. We will try to go through the remainder of the subdivision ordinance next week on the 15^th. We will continue to review and update it during the planning meetings or during extra meetings. We really need to look through this ordinance and get it to where we need it.

It is imparative to get this one done and also the PUD and the short term rental ordinance. They are the most pressing.

Short Term Rental ordinance

Mr. Tony Martineau, the Town Attorney, has submitted the Park City short term rental ordinance for the Council=s review. We can go over it next week to make the necessary changes.

DISCUSSION/APPROVAL FOR $3000 TO GO TOWARDS AFFORDABLE HOUSING NEEDS ANALYSIS

Mayor Hansen said that the information that they will get from this affordable housing analysis will be very valuable. They are doing this study from Montpelier through Randolph. Ms. Lana Hodges said that the medium income for Garden City may skew the medium income for the entire area. She suggested that we have them separate Garden City out of the rest of the area.

Council Member House made the motion to approve the $3,000 to go towards the affordable housing study that Whisper Mountain Professional Services will do. Council Member Schnetzer seconded the motion. All in favor and the motion carried. Council Member House amended the motion to separate our community and have the study show our affordability for housing, to show that there are 2 different medium income levels.

OPEN THE July 1, 2007 through June 31, 2008 BUDGET

Council Member House made the motion to open the budget for a couple items that Mayor Hansen has to present. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

Mayor Hansen explained that this is for money that we have coming in the way of grants that we don=t have listed in the budget. We need to increase the General Expenses $15,595 for the trailhead restroom, $32,795 for the trailhead land improvements, $10,000 earnest money agreement for land purchase, $3,00 for the affordable housing study. On the revenue we need to increase $20,000 for the trailhead improvements, $22,275 for the trailhead restroom and improvements, and Mayor Hansen is working with the State Parks $100,000 to complete the trailhead. They are all grant revenues.

Council Member Leonhardt made the motion to accept the changes that the Mayor has presented. Council Member House seconded the motion. All in favor and the motion carried.

Mayor Hansen stated that the property at the trailhead is owned by the State Parks and they will transfer the property to the Town once they can get the deeds done. It will be a lengthy process.

MISCELLANEOUS ITEMS

Money for the Trailhead

Mayor Hansen explained that during the meeting regarding the trailhead the State Representative was impressed with what has been done there and they were so willing to help get the project done. They have approved funding not to be in excess of $100,000. We also need to get some signage up there so people know that it is there.

Maintained access to from the Trailhead to the Forest Service Area

Mayor Hansen explained that it is now time for the Town, the County, the property owners and the State Parks work together as a group to get a maintained access to the forest service. We are the only Town in the county that does not have a maintained trail to the forest service.

Ms. Lana Hodges said that she is planning on going to the County Commissioners next month to give them a proposal to help with maintaining a trail to the forest service. The County is right now working on their budget.

Mayor Hansen said that they also got the Hodges to Richardson trails on the MO list for grooming etc. as long as we can work out the issues.

Elk=s Ridge Subdivision

Mayor Hansen explained that there is water in the tank at Elk=s Ridge and they are pressurizing the lines. As soon as Mr. Petersen says that it is done we will inspect it and if it is completed then we will start issuing building permits.

There is still one issue that there are fees that are still owing on that phase so Mayor Hansen suggested that we don=t issue building permits until those fees are paid. The Council agreed.

Canvass of the Election Results

The Canvass of the Election Results must be done by November 20^th. The Council said that they would like Ms. Peart to come over here on November 19^th at 9:00.

Newly Elected Official training

Utah Local Governments Trust holds a Newly Elected Official Training each year. Council Member Schnetzer and Council Member Huefner will go to the training in Heber on November 17^th. Council Member House will go to the training in Logan on January 5^th.

COUNCIL MEMBER REPORTS

Council Member Schnetzer explained that the shipping for the playground equipment was over $5,000. So she has been looking at other playground equipment and she found a swing set for $2500. She will order that swingset and will work on getting them installed next spring.

Mayor Hansen explained that the reason that we haven=t had a skating rink for the past few years is that the weather hasn=t cooperated. If the weather permits we will have a skating rink this year, but we have to berm the walls and we should put down the liner.

Council Member Huefner said that she is so grateful to be Appointed to the Council and she Thanked everyone for supporting her.

We have been working on a lot of projects for the last 6 years and in the next couple of years we will see a lot of projects being finished.

We have received a couple of bids for completing the improvments at the trailhead. One from Thomas Trucking for $36,267.50 and one from TBP Construction for $73,000. The Council agreed to award the bid to Thomas Trucking.

Council Member Leonhardt made the motion to accept the bid from Thomas Trucking for completing the trailhead project at a cost of $36,267.50. Council Member House seconded the motion. All in favor and the motion carried.

Mayor Hansen said that he has authorization to use up to $100,000 from the State Parks.

EXECUTIVE SESSION

Council Member Leonhardt made the motion to go into executive session at 7:50 p.m. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

The executive session was conducted and for the reason as outline in Utah Code.

Council Member Leonhardt made the motion to go out of executive session at 8:05 p.m. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

APPROVAL OF THE PAYMENT VOUCHERS

The Council reviewed and initialed the payment vouchers and signed the checks.

Council Member Leonhardt made the motion to pay the bills as presented. Council Member House seconded the motion. All in favor and the motion carried.

ADJOURNMENT

There being no further business to discuss, Council Member House made the motion to adjourn the Council meeting at 8:05 p.m. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

APPROVED:

_______________________________________

Kenneth Hansen, Mayor

Attest:

_______________________________________

Town Clerk