Town Council Meeting Minutes

Mayor Hansen welcomed everyone to the meeting and had the Council Members introduce themselves.

APPROVAL OF MINUTES

Minutes of the Town Council meeting held on November 8, 2007 were reviewed by the Town Council.

Council Member Schnetzer made the motion to approve the minutes of the Town Council meeting held on November 8, 2007. Council Member House seconded the motion. All in favor and the motion carried.

Minutes of the Executive Session held on November 8, 2007 were reviewed by the Town Council.

Council Member Schnetzer made the motion to accept the minutes of the Executive Session held on November 8, 2007. Council Member Huefner seconded the motion. All in favor and the motion carried.

Minutes of the Special Town Council meeting held on November 15, 2007 were reviewed by the Town Council. This special meeting was held to discuss the projects for the Community Development Block Grant for 2008.

Council Member House made the motion to accept the minutes of the Special Town Council Meeting held on November 15, 2007 as amended. Council Member Huefner seconded the motion. All in favor and the motion carried.

Minutes of the Special Town Council meeting held on November 19, 2007 were reviewed by the Town Council. This special meeting was held to canvass the 2007 election.

Council Member Huefner made the motion to pass the minutes of the Special Town Council meeting held on November 19, 2007. Council Member Leonhardt seconded the motion. A roll call vote was taken: Council Member Huefner, for; Council Member Leonhardt, for; Council Member Schnetzer, for; Council Member House, abstained because he wasn=t in attendance. Motion carried.

Minutes of the Town Council meeting held on July 12, 2007 were reviewed by the Town Council.

Council Member Schnetzer made the motion to approve the minutes of the Town Council meeting held on July 12, 2007 as received on e-mail. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

SWAN SPRING CULINARY WATER PROJECT/TREATMENT PLANT UPDATE

Mr. Jason Linford explained the potential for surface water influence for Swan Spring. He also explained the process of getting the treatment plant project to this point. His update is that they had a pre bid tour of the treatment plant site and there were several contractors, which came to look over the plan and the site. The specifications are into the state and Rural Development for final approval. We have a bid opening date of February 5^th, 2008 with plans to start construction on the treatment plant in the spring. Meters will be installed at all the homes that don=t currently have meters and they will have to be read.

All the property owners that will be affected by the Petersen Subdivision have agreed to sign the plat. There are a few changes that Jeff Hansen is making to the plat and then we can get the signatures. Mr. Petersen offered to extend a few lots to help be a better neighbor. This should be ready to go to the county for final approval in January, before the bids are opened.

Costs for the treatment plant have gone up. The State and Rural Development have been put on notice that we anticipate higher costs and we are hoping that they will help us with the increased costs. Mr. Linford will work carefully with Mr. Lynn Sagers, from Rural Development, on the bonding because it is very time sensitive.

Mr. Linford reported that the UDOT permit has been approved for Hodges Canyon Road so we can begin work there in the spring. He has started working on the 3^rd west turn lane and we hope that will be constructed in the spring also. We will try to construct that turn lane along with Lockwood.

Mayor Hansen explained that the trailhead is completed with the exception of the fence. The site is approximately 2 acres, which has a gravel parking area and the restroom is installed. Mayor Hansen is working on getting the fence installed. Mayor Hansen said that we are also working on the trail to the Forest Service. We would like to see that trail improved.

BUSINESS LICENSE DISCUSSION/APPROVAL

Republic Construction, LLC. Tom Wahlberg

Mr. Wahlberg explained that he is a General Contractor and would like to have a business license in Garden City. He has been licenced in Logan but is doing all his work in Garden City and would like to be licensed here. He will not have any storage at his home, everything will be kept at the job sites.

Council Member Leonhardt made the motion to approve the business license for Republic Construction, LLC. Council Member Huefner seconded the motion. All in favor and the motion carried.

Tiffany Wahlberg CPA, Tiffany Wahlberg

Ms. Wahlberg explained that she is a CPA and has rented space in the Northern Title Building along with the Bear Lake Homebuilders Association.

Council Member House made the motion to accept the business license for Tiffany Wahlberg CPA. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

ProLux LLC., Scott Livingston, Kim Nilson

Mr. Kim Nilson explained that they are a general contracting company. They currently have 28 guys working in the valley. Most of their equipment and supplies will be kept on site. They are working on getting a commercial piece of property for right now. Their permanent location will eventually be at the Shundahai sales office.

Mr. Nilson has been in general contracting for over 30 years but this business is fairly new, only about a year old.

He will be doing property management also and will abide by the short term rental ordinance when that is in place.

Council Member Leonhardt made the motion to approve the business license for ProLux, LLC. based on Mr. Nilson getting the Utah State Tax Number. Council Member House seconded the motion. All in favor and the motion carried.

ORDINANCE DISCUSSION/APPROVAL

Ordinance #07-34, An Ordinance setting rules and regulations for short term rentals.

Council Member Huefner said that each time we have discussed this ordinance and made changes we have improved it, but since the latest changes she feels that they haven=t had time to review or discuss the new/final draft. The Council agreed that we need more review and discussion of the final draft so they opened it up for discussion with the audience.

There was much discussion regarding the parking, the occupancy and penalties. Many changes were made to the ordinance based on the discussion with the audience. The changes need to be made to the ordinance and reviewed again.

The Council agreed that we will look at this ordinance again on December 20^th at the Citizens Input Meeting. The Council will try to have the ordinance updated by then with all the changes discussed and agreed by everyone. The ordinance will go back to the Planning Commission in January and to a public hearing prior to the Town Council meeting in January. We will try to have the ordinance adopted in January.

RESOLUTION DISCUSSION/APPROVAL

Resolution #R07-09, A Resolution to update the Municipal Impact Fees.

Mayor Hansen read the resolution to the audience and explained that this update was just to specify that the impact fee is only assessed on residential and commercial units, not on garages or sheds.

Council Member Schnetzer made the motion to accept Resolution #R07-09. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

CONCEPTUAL DISCUSSION REGARDING POSSIBLE RE-ZONE AT 100 W AND 300 S., Steve Fliflet and Paul Webb

Mr. Paul Webb and Mr. Chuck Webb presented this project. They showed the survey of the property and requested that they be allowed to re-zone the property from recreational residential to community commercial.

Planning Commissioner Huefner explained that in general the Planning Commission wasn=t opposed to this re-zone but there is an adjacent property owner that is concerned with them re-zoning it to commercial because it is next to a residential area. She suggested that the entire area be re-zoned to commercial. She said that 1^st west will get a lot of commercial traffic until Paradise Parkway is put through.

The Council stated that they would not be opposed to the re-zone but the adjoining property owners objections, if any, need to be addressed.

The general consensus of the Council is that the they are in favor of re-zoning this to commercial but they will listen to any concerns of the adjoining property owners.

Mr. Webb would also like to move one of the property lines to make a more buildable lot because of the proposed roads going through this property. The Council agreed to ask the Town Attorney if they can do a boundary line adjustment and move the lot line within the parcel and have that recorded with the County Recorder or do they need to do an application and go through the subdivision process with the Town Council.

Mr. Webb said that he is planning on doing storage units on the property.

GRANT PROJECT DISCUSSION/APPROVAL

Rich County Tourism Grant 2008

We haven=t seen any approvals or documents for the grant indicating that we were given any money for this grant. Council Member Huefner will call Ms. Judy Holbrook to see what has been approved for this grant. We requested $2,500 for brochures and $25,000 for the trailhead.

CDBG

The Town Clerk explained that we have to repay the $62,000 that we received for the 2005

grant because the property was purchase but not used for the approved use. We will pay back the $62,000 in January and request that additional amount with our 2008 application. We changed the CDBG application to include the $62,000 money in the new library project. We are requesting $96,000 for renovations to the library building and infrastructure in the library. BRAG said that they thought it would be a better project and agreed with the change.

UPDATE OF PROGRESS FOR THE NEW LIBRARY/TOWN HALL

There is nothing new to report at this time.

UPDATE OF THE CAPITAL IMPROVEMENT LIST

This update is just to include the new figures of what was applied for under the CDBG grant. We changed the figures for the library to $60,000 for infrastructure and $216,000 for renovations. Renovations will be a priority #1 and the infrastructure will be priority #2.

Council Member Huefner made the motion to update the Capitol Improvement List. Council Member House seconded the motion. All in favor and the motion carried.

DISCUSSION REGARDING BUILDING PERMIT FOR SALES OFFICE AT SHUNDAHAI

Mayor Hansen explained that he has a direct conflict with this issue and he excused himself and turned the table over to Council Member House to run the meeting for this agenda item. Mayor Hansen then left the room.

Mr. Nilson explained that when he applied for a building permit he was told that there is a policy with the Town that a building permit is not issued until all of the utilities for the subdivision are in place. Mr. Nilson requested that the Council view this as a unique situation. It is not a residential building and so there is no 3^rd party that will be affected if the building is completed prior to the utilities being finished. They know that the certificate of occupancy can=t be issued without all the utilities finished. Also, they will not be able to occupy the building without the utilities being finished and them getting the certificate of occupancy.

The only thing left to finish for the utilities in this project is the water tank. The developers that have to build the water tank are going to be the owners of the building. They plan to have the water tank completed in June and the building should be finished by August.

The developers are willing to give a hold harmless statement to the Town stating that if they don=t finish the water tank they won=t be able to occupy the building. The building is only for a sales office, they will not be in the building doing any sales or occupy it for any other use until they finish the water tank.

Council Member Leonhardt said that he understands the circumstance and why they are requesting this but he feels that it would set a precedence. Mr. Nilson is just requesting that they give permission for them to work on the building so they can be ready to occupy it at the time the tank is finished.

This is just a policy for what we require when we issue building permits.

Council Member Huefner made the motion to give Mr. Nilson permission to apply for a building permit with the stipulation that he give us a letter that he will not occupy the building until the water tank is done. Council Member Leonhardt seconded the motion. All in favor and the motion carried.

SUB FOR SANTA

Mayor Hansen explained that the Rich County Sheriff=s Department has requested funds for the Rich County Sub for Santa. We have already donated $200 and they are requesting another $300 for a total of $500 from Garden City.

Council Member Leonhardt made the motion to give an additional $300 to the Rich County Sub for Santa. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

MISCELLANEOUS ITEMS

Review of Ordinance #11C-607, Prohibited signs

Council Member Leonhardt explained that we are getting some complaints on the reader board signs that are flashing in Town. He brought this before the Council to review the ordinance and determine if they are in violation of our sign ordinance.

Council Member Leonhardt explained that we have had a complaint from a business owner stating that he had to take his reader board sign and mount it to the ground, it couldn=t just be free standing. Now we have 3 other businesses in Town that have them just setting on their property.

The Council will look at the ordinance to see if there is anything that indicates that they are in violation.

Census Documents

We received a lot of census documents and we will just turn them over to Ms. Bobbie Coray.

New Utah League Handbooks

The Utah League of Cities and Towns have updated their handbooks and we just need to determine if we want to get them for all the Council and the Planning & Zoning Commission. The Council said that we should order them for each member.

Regulations regarding stick built homes in Buttercup

Buttercup wants to change their CC&R=s allowing stick built homes in the Buttercup Mobile Home section of the subdivision. Council Member Schnetzer stated that she would prefer a stick built home other than a mobile home.

The only concern mentioned is the set backs because Buttercup has a different requirement for setbacks in the mobile homes. There is no way they would meet the minimum set backs as other stick built homes.

The Council agreed that as long as they meet the set backs for that subdivision and the building code it would be fine. The Council agreed that they have no regulations against this request. It will just need to meet the set backs for the mobile home subdivision.

Complaint regarding storing building material on property

The Council agreed that they can=t do anything regarding this because they are just storing the material on their property.

COUNCIL MEMBER REPORTS

Council Member Schnetzer thanked everyone for all the support with the Christmas party. Santa was great and everyone helped a lot. The employee/Board Member dinner turned out really nice also.

Council Member Schnetzer said that we have had some requests for an ice rink in the park. We need a lot more snow and we need volunteers to help get it set up and help maintain it.

Council Member Leonhardt explained that if we want anymore grants from Homeland Security or Federal Money the Mayor and the Council must be be certified in NIHM=s. We will have a training and get them certified as soon as possible.

Council Member Huefner reported that she went to the County Commissioner meeting with Mr. Jim Ruggles and requested $5000 to maintain the Hodges/Richardson trail. Those trails are class D roads and they need to maintain them. She explained that the Commissioners would not give us a letter until the Forest Service gives them a letter that they intend to maintain the road from the Forest Service down.

Council Member Huefner said that we will hold a Transportation Board meeting on Monday the 17^th and invited everyone to attend.

Council Member House explained that the Governor=s budget included $12 million for the new marina. Those funds will be used to construct the marina but won=t be enough to put docks in the marina. The feeling among the Council is to support the project but we need help from UDOT to improve the highway from the intersection to the state line of Utah and Idaho.

PAYMENT VOUCHERS

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

ADJOURNMENT

There being no further business to discuss Council Member Leonhardt made the motion to adjourn the Town Council meeting at 8:45 p.m. Council Member Schnetzer seconded the motion. All in favor and the motion carried.

APPROVED:

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Kenneth Hansen, Mayor

Attest:

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Town Clerk