Meeting Minutes August 2007






The Garden City Town Council held their regular Town Council meeting on August 9, 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

Mike Leonhardt

Elizabeth Seiler

Brian House

Laraine Schnetzer


Others Present:


Kathy Hislop             

Anita Weston

Merle Spence

John Abraham

Jason Linford

John Alter

Gerald Hunsiker

Nadene Larsen

Mel Larsen

Hyrum Lantz

Rick Fawcett

Shanna Fawcett

Loretta Fidler


Jack Dahl

Lori Dahl



Paul Webb

Kathy Webb

DJ Ballingham

Chuck Chinnick

Birgit Chinnick

Stacy Wright

John Wright

Delma Turner

Kristy Clark

Frank Smith

Dave Stringham

Mark Hislop

Chris Coray

Hans Borschel

Werner Romanczky



Mayor Hansen welcomed everyone to the meeting and had the Council Members introduce themselves.  Mayor Hansen explained that the Public Hearing that was scheduled for the property tax rate increase has been re-scheduled to the 23rd of this month.  This was done to meet the state requirements. 




Minutes of the Town Council meeting held on July 12, 2007 was 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.




Mr. Abraham handed out his year-to-date report to the Council Members.  Mr. Abraham explained that we had a very slow July and now we are getting busier in August.  We only had 4 permits in July for approximately $8,000 in building permit fees. 


Council Member Seiler said that the commercial property owners need to identify their accesses to their buildings when they get the building permit.  They must do this so that they are not using 100% of their frontage.  They need to identify their driveways into their property.  We also need to have their parking shown on the plat. 


Mr. Abraham explained the commercial building permits that he wrote for Mr. Kent Korgenski, the Bear Country Village.  He explained that Mr. Korgenski took out permits in 2003 for the commercial buildings.  They did the foundations in 2003 and now are starting construction on the buildings.  Mr. Abraham explained that he put a stop work order on them and made them re-do the building permits for the buildings since they are null and void because they are too old.  He re-wrote the permits for the buildings.   He did give them a standard re-issue of the permit fees, which is the full amount of the permit fees.  He didn=t charge the impact fees because they paid them with the previous permits.  Mr. Abraham told them that they should pay for the permits so they can continue to build and appeal the decision later. 


Council Member Seiler said that the new ordinance for cutting across the roads needs to go with every permit.  Mayor Hansen suggested that we hand them out when someone requests a building permit application. 


Mr. Abraham said that he is working towards his commercial inspection certificates.  The schools are in October and November. 




Mr. Linford explained that we have been making some phone calls regarding the subdivision plat.  We didn=t hear from any of the property owners when we sent out the letters and so now we are calling each of them to try to help work out the issues. 



Mr. Linford suggested that we start advertising so that we can have the bids ready to open about the same time that the plat is signed.  In order to start construction this fall we need to get the plat signed.  The road construction will be done along with the construction of the building. 


Mayor Hansen said that the power is extremely expensive to do with conduit because of the way they now do it with the vaults.  The supplier has found out that they are the only company that makes them so they are 3 times the cost of last year.  We will have to look at the cost benefit each way. 


Pall has the equipment manufactured and is just waiting to ship it to us.  They have had the equipment built for about a year and haven=t been paid for it.  It would be good to have the earthwork done this fall and start with the building in the spring.




Mr. Linford explained that he finished the road impact fee study and from the report the maximum impact fee that we can charge is $2,896 for roads.  We can prove that we can use that amount.  We can adopt that amount or we can adopt less than that but we can=t adopt a higher amount.   The total cost to do all the projected road improvements is $3,700,000.  This impact fee was based on the 4% growth rate that the Council preferred. 


Council Member Seiler said that this is the information that the Council has been talking about for months and if everyone is comfortable we can go with that number or we can wait until next month.  This report is based on 20 years to complete the projects if it stays at a 4% growth rate, depending on material and labor costs.


Mr. Linford explained that this figure is for ERU=s and we have the formula for figuring the ERU=s.  It would just be on new buildings, not garages or additions, etc.  We have identified which projects the funds can be spent on and the list is in the report.  The impact fees should be reviewed every 5 years to determine if we need to add or delete from the list.  We can revise our amounts and revise the projects that we want to spend the impact fees on.


Council Member Seiler moved to approve the impact fees, $2,896 per residential unit, according to the Road Impact Fee Study, which was prepared by Sunrise Engineering.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.




Mr. Linford explained that we require developers, who have water rights, to turn those water rights over to the Town in order for them to do their development and connect to the Garden City water systems.  There are some developers that don=t have water rights so he figured a cost amount for them to purchase into the system. 

Council Member Seiler asked about a lot without a home, the water use would be different if it is a vacant lot versus a lot with a home.  Mr. Linford said that he can put the calculations for the indoor water usage on the sheet. 


This is a one time cost to the developers.  For discussion purposes tonight Mr. Linford used $2,000 per share and if the Council wants he can use a different figure.  He can also do a figure for a development with a restriction of no outside watering.  Mr. Linford will do some more work on this proposal and be back next month for approval.


This developers water fee would be collected from the developer and the connection fee would be collected at the time of the building permit from the property owner. 




Mr. Linford said that our second water source, Payne Spring, is no longer adequate.  Payne Spring  is supplying only about 50 gallons per minute.  If something happens to the water line at the north end of the Town nobody will have water.  He suggested that we get some ground water source to provide water in the case of a broken water main.  He suggested that we drill a couple of test wells to determine if there is an option for another source.  We do have water rights so we can drill the test wells.  We need to proof up on those rights.  We legally have 15 years to proof up on those rights but the state is wanting us to do it sooner than that.  If we find water we wouldn=t have to treat that water because it is ground water not surface water.  It could be added and made a part of our current system. 


Mayor Hansen said that we have been working with some individuals for some high storage also. So the theory would be that we drill a well and pump it up to the high storage. 


Mr. Linford said that with the Councils permission he will figure out some cost estimates to drill a couple of test wells.  He will contact some of the property owners in the area to see if he can drill the wells on their property.  Mayor Hansen said that a test well would cost about $50 per foot and we should try to get a test well done this fall. 


We need to do this to prevent water outage problems in the future and it would be a great benefit to everyone in the Town. 




Mr. Linford said that the plans have been completed for Hodges Canyon Road and have been submitted to UDOT.  We need to get the project finished soon.







Mr. Chinnock passed out his proposal for his project to the Council Members.  He explained that he would like to build a garage on a lot he owns in the Shore Lodge Estates, lot 15.   They will meet the setbacks required by the ordinance and they will also be no more than 25 feet high.  They already have a house on the lot and the garage will have a loft/living area.


The plans show a 10.6' set back on one side and a 6' set back on the other side.  Mr. Chinnock will change the 6' set back to 8' to meet the ordinance requirements.


Council Member House made the motion to accept the conditional use permit for Mr. Chuck Chinnock as presented.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.




Cabin Fever, Hyrum Lantz


Mr. Lantz said that they do have a Tax ID# for the business.  Mr. Lantz explained that they want to use the shop building on 200 N 160 W for their business, Cabin Fever Restorations.  He explained that he has recently spoken with Bennets Paint in Logan and have become a dealer for them so that we can have a paint store here, which will be a separate business from Cabin Fever.  Mayor Hansen said that he only wants to hear about Cabin Fever Restoration because that is what is on the agenda and what Mr. Lantz is here to explain. 


Mr. Lantz explained that it would be a restoration business that he can operate out of that structure to do restoration for homes.  The fire hazardous material would have to be stored according to the fire code.  They will have some basic supplies and will sell some small retail items out of that building.  The business would essentially be them going to the home sites to do the work and the supplies will be stored at the shop.  The retail would be chinking and paint products.  He feels that there is so much building going on in the area that they would like to help with that need. 


Mr. Cory Hunsaker has a contractors license to do the restoration.


Council Member Leonhardt said that Mr. Lantz  needs to be a little bit more specific on what he wants to have in the store for retail.  Mr. Lantz said that he would like to have a little bit of everything but it will be limited to the size of the building.  They may want to grow in the future.  They really want to stay with latex and paint thinners, that type of things.  Council Member Leonhardt said that if the paint is just for retail sales they should be fine but once they start working with the open containers they will need to be stored according to the fire code.  Mr. Lantz will be a dealer for Bennett Paints.



Mr. Lantz said that he will probably have 5 employees working out of the building.  Council Member Seiler explained that there isn=t a lot of room on 200 north for parking.  She said that there are survey stakes in that area and Mr. Lantz will need to identify the driveway.  Mr. Lantz said that it has all been blacktoped and there is about 2 acres of parking there.  He still needs to identify the driveway and not use the entire 100 feet of frontage.  He will need to put something substantial in the front of the property to identify the driveway.  It will need to be rocks or bumpers.  Mr. Lantz said that he will take care of that.


Council Member House made the motion to accept the application with the driveway identified with the landscaping, contractor=s license number being provided to the Clerks, Mr. Lantz will comply with the ingress/egrees ordinance, Mr. Lantz will get the Fire Department approval for the storage of the contents.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.   Mr. Lantz will also verify that he is the owner of the property.


Council Member Leonhardt requested that we discuss the Fire District proposal for the building.  Council Member House made the motion to move that item up to discuss the Fire Districts proposal for the current building.  Council Member Schnetzer Seconded the motion.  All in favor and the motion carried.  Council Member Leonhardt is the Fire Chief so he dismissed himself from the discussion of this item and will be gone the rest of the evening.




Council Member House made the motion to go into Executive Session at 6:15 p.m. to discuss the purchase of the Towns portion of the current Town Hall and property.  Council Member Seiler seconded the motion.  All in favor and the motion carried.


Minutes for the Executive Session is kept under private record.


Council Member House made the motion to end the Executive Session at 6:30 p.m.  Council Member Seiler seconded the motion.  All in favor and the motion carried.




Ms. Wright explained what the support center does for families and children of the community.  She explained that they have received a grant to bring some parenting education classes to Rich County.  The grant allows them to do at least 6 workshops where they will discuss any topics that we want them to.  They are also funded to bring incentives/prizes to the community.  They could also provide free child care if that is available.  She would like some ideas on how to implement the program.


Council Member Seiler recommended that she go to the BLCHC because they would have the contact of the people who need the services.  She should also work with the schools.  Ms. Wright said that this is the first step for them and they will contact the BLCHC and the local schools.



Council Member Schnetzer said that Raspberry Days went very well.  The traffic was an issue the whole time, and the ambulances and law enforcement had a hard time getting through Town.   We need 3rd west so bad.  She suggested that we lower the speed limit down to 25 mph during Raspberry Days.  Mayor Hansen explained that UDOT doesn=t really care about the issues in Garden City.  They say that if they do anything with the speed limit in Garden City they would raise the speed limit through town. Council Member House said that he feels that the traffic was not as bad this year as it has been in previous years.


Council Member Seiler said that they have a list of signs that they feel would help with Raspberry Days and they will order them for next year.




Ordinance #07-15, An Ordinance to update the definition of a cul-de-sac and a lot.


The Council discussed the definition for a cul-de-sac and they decided to leave the circle of the cul-de-sac will be not less than  80'.  The Planning & Zoning Commission recommended 70'.  The Council also agreed that the maximum length of the right-of-way is 1000' measured from the center of the intersection to the center of the cul-de-sac.  The Council Members agreed with the rest of the definition as proposed by the Planning & Zoning Commission


Council Member House made the motion to approve Ordinance #07-15 as amended.  Council Member Seiler seconded the motion.  All in favor and the motion carried.


Ordinance #07-30, An Ordinance setting forth campaign finance disclosure requirements for the candidates for elective municipal offices.


The Council reviewed the ordinance and made a few minor typographical changes.


Council Member Schnetzer made the motion to accept Ordinance #07-30 as corrected.  Council Member House seconded the motion.  All in favor and the motion carried.


Ordinance #07-21, Review of proposed amendment to Chapter 11C-400, Motor Vehicle Access.


Council Member Seiler said that the Transportation Board went over this ordinance and made a lot of corrections.  She read over the proposed ordinance.  She will check with the Town Engineer on item D&E of the proposed ordinance and address any comments that he may have.  She will have this ordinance ready for proposal during the next Town Council Meeting.


Review proposed amendments to Ordinance regarding short term rentals


We have no new information so this ordinance will be an the agenda for next month.


Review Ordinance, Chapter 14, Municipal Impact Fees, to determine if it needs to be updated to increase the road impact fee.


We need to update the ordinance and present it for approval next month. 


Ordinance #07-09, An Ordinance of the Town of Garden City, Utah, stating the Administrative Enforcement Program.


This is the Administrative Code Enforcement Program Ordinance.  We need to get more information from Mr. Tony Martineau, the Town Attorney, and have it ready to present for next months meeting.


Review of Bear Lake County=s Subdivision Ordinance.


Mr. Rick Fawcett has worked on this ordinance with Bear Lake County and he explained that this specific subdivision ordinance was designed for resort communities.  It is more restrictive for those who subdivide.  He would like to see the neighboring communities work together on their regulations so that we are all complimentary to each other.


Mr. Fawcett explained the difference between a subdivision and a lot split. 


Review of Bear Lake County Large Scale Planned Unit Developments


Mr. Fawcett also discussed the Bear Lake County PUD ordinance.  The idea of a PUD is a mixed use, which would include commercial use and residential use.  Mr. Fawcett said that he would like to work with Garden City on these two ordinances along with the Comprehensive Plan.  Mayor Hansen said that this process will go hand in hand with item #12 on the agenda if we choose to work with Mr. Fawcett on the Comprehensive Plan.




Resolution #R07-04, A Resolution to update road impact fees.


This Resolution should be approved with the impact fee ordinance so we will pass on this resolution until we get the ordinance approved next month so it does not conflict with the ordinance.


Resolution #R07-05, A Resolution of the Town of Garden City establishing Land Use fees and miscellaneous fees for services rendered and providing an effective date.


The Council agreed to look over the fees to determine if they need to be changed. 





Mr. Rick Fawcett presented his proposal to do the comprehensive plan for $15,000 for 4 tasks, which includes review of the ordinances, update the ordinance and work on the Comprehensive Plan for Garden City.  The Council reviewed his proposal.


Mr. Fawcett said that we need to search for common ground for this area around the lake.  He would also like to work with Laketown and try to be consistent from one town to another.


The council agrees that it will be a great benefit to have Mr. Fawcett work with Garden City on these projects.


Council Member Seiler made the motion to accept the proposal from Whisper Mountain, Mr. Rick Fawcett, for the comprehensive planning.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.


The time frame will be to start today and complete the review of the ordinances by the 15th of Jan 2008.  He will complete the comprehensive plan and have it ready for adoption by March 2008.

M r. Fawcett will draft the contact and send it to the Council for their review to start.  He will work very closely with the Planning & Zoning Commission.  Mayor Hansen suggested that the Council attend the Planning & Zoning  meetings so we are all up to date.




Mr. Ballingham showed his proposed plan to subdivide a lot in the Price Subdivision.  He explained that his parents own a 1 acre lot and they would like to subdivide that lot into 3 pieces. Each lot will be about 97 feet in width and about 100 feet deep.  This would be a minor subdivision with a small cul-de-sac. 


Mr. Ballingham has talked to the adjacent property owner and asked if they would be willing to donate 25' for a through street to be combined with the current right of way through the Price Subdivision.  They are not inclined to donate any property, they want to be paid fair market value.


Council Member Seiler said that property was already subdivided into 4 lots by Mr. Price and they were supposed to put a cul-de-sac at the end for fire access to the second lot.  Mr. Ballingham said that was prior to him purchasing the property so he is not aware of the restrictions.  Council Member Seiler said that she can=t see how this conforms to any of the ordinances on the books right now.  She said that the access is not wide enough, he is trying to put in 4 lots on an access.  Council Member Seiler said that the ordinance right now is 30' even on a flag lot.  Mr. Ballingham said that these are not flag lots and he is willing to do whatever he can to make this work.  He said that he is willing to donate the additional feet to make it a 30' road but in so doing it would make his home non-conforming because of the setbacks. 


Mr. Ballingham read the ordinance for a subdivision of not more than 4 lots.


Mayor Hansen said that the small subdivision already took place already when Mr. Price subdivided it.  Mr. Ballingham asked if this is truly a subdivision or is it just a lot split by definition because it is just a vacant lot with no improvements.  He said that the lots are unimproved until someone wants to build.  So are they subdivided for future building or just for unimproved lots.  Mayor Hansen said that if this comes back in for a subdivision then it needs to fit all the Town ordinances.  Mr. Ballingham said that we need to determine if it will fit the ordinance or if he needs to make changes to fit the ordinances.  The Council agreed that it is not a flag lot. 


Council Member Seiler said that when that first subdivision of this parcel was approved they agreed to a 25' right of way with an addition 25' to come from the adjacent property owner to make a 50' road .  Until that time there are 4 building lots there with a cul-de-sac until 3rd west goes through. 


The Council agreed that Mr. Ballingham has two options, one to take it to a Variance Board or just drop the proposal because it doesn=t meet the ordinances.  Mr. Ballingham said that he will visit with his parents and see how they want to move forward with this project.  He said that his intention is not to do anything outside the Town ordinances, it just to help build the community.


Council Member Seiler said that if something like this was to go through then there would be several more projects come in like this, which don=t meet the ordinances.




The Council reviewed the new zoning map.  We need to change a few of the lots to recreational residential and add the planned roads through town.  Mayor Hansen would also like to add Hodges Canyon proposed road to the map.


Mr. Fawcett said that he can put this map on line.


Council Member House made the motion to accept the zoning map as presented with the changes to the 8 lots to recreational residential and also add the future roads, Hodges Canyon, Little Valley Parkway and the side streets.  Council Member Seiler seconded the motion.  All in favor and the motion carried.







Review of letters concern regarding the property located at 260 S. Bear Lake Blvd.


Mayor Hansen said that he has talked to Mr. Parish twice so it has come to the point that we need to have him evicted.  He is still living in the motor home.  Mayor Hansen will work with the law enforcement and the attorney to get that resolved.


Review of correspondence regarding the building permit request by Mr. Bruce Bond.  


The Council has reviewed the letters from Mr. Bond=s Attorney and the Bridgerland HOA.  Mr. Bond=s plans do not meet the HOA building height restrictions so we have been holding the building permit until he works out the issue with the HOA.  Mr. Bond=s Attorney sent us a letter stating that we don=t have the right to hold the building permit because we can=t police the HOA rules, which he feels we are doing.  Our policy has been to require HOA approval prior to issuing the Building Permit, it is also on the application that they sign.  We forwarded Mr. Call=s letter to our Attorney and Mr. Martineau said that we have every right to require the HOA approval because it is and has been our policy.  The Council agreed that we have Mr. Martineau send the letter to Mr. Call explaining the position of the Town.


Council Member Seiler said that it may have been our practice but it is not in our ordinance so we need to put that in our ordinances.  Mr. Call does say, in his books, that if it is our standard procedure we can require that.




Council Member Seiler suggested that we send Mr. Bashford at the Texaco a copy of the minutes of the meeting when he was approved for a business license and a copy of the commercial requirements.  The Council agreed and gave him until the next Council meeting to get it cleaned up.  


Council Member Seiler said that we need to clarify that the speed limit for ATV=s will be 25 mph on the town roads and 15 mph on dirt roads.  The Council agreed.


Council Member Seiler explained that we need to get a proposal for the parking for the business district.  Mayor Hansen said that if we get what we want after the meeting with the Governor then all the parking issues will all go away.  They are trying to do cooperative plans with Idaho also.  Council Member Seiler said that she will focus on the side streets for public parking.


Council Member Schnetzer said that we just wrapped up Raspberry Days and it was a huge event. 


Council Member House said that the marina project has been moved to the top of the list for funding.  Mayor Hansen said that it is good and we want to support the project but we needs some infrastructure with the state highway in place first.

Mr. Jack Dahl explained that he purchased some property from Mr. Kent Korgenski.  Mr. Korgenski was going to build small retail shops on his property and took out building permits in 2003.  Since then the building permits are null and void because of no active building on the  property.  Mr. Dahl is requesting a refund of what he paid for a building permit because it was already paid by Mr. Korgenski.


Council Member House made the motion to reduce the building permit fees for Mr. Jack Dahl for the Korgenski project.  Approved to cut the fees that Mr. Dahl paid in half.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.


The council agreed that they will take the town truck over and be in the Rich County Fair.


Council Member Leonhardt sent a letter to the Council requesting $5,000 from Garden City for new fire equipment.  The Council agreed that if there is money in the budget we can pay $5,000 to the Fire District.


Mayor Hansen explained that there is a property owner that lives next to the beach access in Hodges Beach Subdivision.  The property owner would like a fence put across the beach access and he will shut the gate at 10:00 p.m. and open it early in the morning.  That will reduce people being on the beach when they shouldn=t be there.  Council Member Seiler said that we need to have a written agreement to set the parameters.  We will also need to put up some signs. 




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




There being no further business to discuss, Council Member Schnetzer made the motion to adjourn the Town Council meeting at 9:40 p.m..  Council Member House seconded the motion.  All in favor and the motion carried.



APPROVED:                                                                                         Attest:





______________________________________                    ______________________________

Kenneth Hansen, Mayor                                                    Town Clerk