Meeting Minutes February 2005






The Garden City Town Council held their regular scheduled meeting on February 10, 2005 at the Garden City Office, located at 145 W. Center (Logan Road).  Mayor Hansen opened the meeting at 7:00 p.m.


Council Members Present:


Kenneth Hansen, Mayor

Mike Leonhardt

Arlo Price

Sharlotte Wride

Larry Gray


Others Present:


Kathy Hislop

Sharlene Millard

Randy Erickson

Kelly Allen

Mike Sobieski

Curtis Moldenhauer

Brandon Moldenhauer

Troy Peterson

Margaret Satterthwaite

Terry and Jeannie Willis

Troy Andersen




Mayor Hansen explained that Mr. Allen is attending this meeting to discuss beach accesses and use of the beaches.


Mr. Allen explained that sovereign lands are lands that lie below the high water mark.  Mr. Allen presented a slide show.  The Division of Forestry, Fire and State Lands, has authority to manage sovereign lands.  Mr. Allen showed where the sovereign lands are in Utah; Green River, Utah, Jordan, Great Salt Lake , Bear River and Bear Lake, south of the state line.


They will look at all considerations before they decide on a benefit to be derived for a proposed use.  The current uses of sovereign lands include motorized vehicles, sea walls, business, boat docks, ramps and marinas.


There is a noxious weed problem in Bear Lake because of low water on beach.  One of their employees found tamarisk existing on the beach.  If anyone wants to do weed abatement, they need to work with the Division of State Lands.


Last year the Division of State Lands came up with some guidelines for the use of the beaches, i.e.  no camping between certain hours, no parking, etc.   They thought they could enforce the rules through law enforcement, but courts don=t accept that rule dealing with a state law.  They are now in the process of drafting a change to the rule.  


They talked about maybe changing the times of use for motorized vehicles from at 6:00 a.m. to 7:00 a.m. Mayor Hansen suggested leaving it at 6:00 because that=s the best time to ski on the lake.


Council Member Gray talked about law enforcement around the lake from the perspective of the State Parks.  It=s a large area they have to cover.  There is sometimes over 600 people in the campgrounds and more than 400 inside the park.  His opinion is that the boat launch applications didn=t work. 


Mr. Allen said that periodically they have someone come up and check on the use of the beaches. Mr. Allen comes up on the holidays.  It=s next to impossible to enforce the use of the beaches.  He suggested that someone volunteer to go around and talk to people and educate them about what is expected on the beaches.  Most problems are averted when people are educated about why things aren=t accepted.


Someone suggested signage.  Mr. Allen said they had a few signs and brochures, which were either given back or buried.  Mayor Hansen said that  people don=t really care if signs are there or not, they will do what they want anyway.  Education is the biggest part of this project.  Council Member Wride said that they are also working on accesses for people to get to the beach. 


Mr. Allen said when the lake is full, there isn=t as much beach and there won=t be so many problems.  Everyone will go to Rendezvous Beach instead. 


Mr. Allen said they will put more toilets by the beach and have them serviced more often.  He very rarely finds garbage on the beach.  He would like the dumpsters emptied every day. 


Most of the people understood the issues regarding the beaches and the access.  Most people were favorable for the law enforcement. The non-resident property owners were in favor of a user fee but most of the residents weren=t in favor of a user fee.  Mr. Allen stated that a user fee may happen later and the money would go to Bear Lake. 


Council Member Gray said that he doesn=t envy what Mr. Allen is trying to do.  He has to work with many different people that have different interests.  He can=t keep either group happy and he doesn=t want to make everyone mad either.  Mayor Hansen said that they should understand that the lake is a resource for everyone.  Mr. Allen said that the public has a right to use the land and he would hate to regulate it so much that the public can=t enjoy it.  He=s trying to deal with the issues with limited staffing and resources.  Hopefully, working with the communities, we can work this out.


Mr. Curtis Moldenhauer suggested that when people check into places to stay some of the rules are explained to them.  That wouldn=t take very long and it would help get the word out.  Mr. Allen agreed that would help with the education. 


Mayor Hansen said that he appreciates the efforts they=re putting forth to make it work for everyone. 




Mr. Sobieski is requesting to encumber lots 34 and 35 in Buttercup Mobile Home Subdivision to place a residential home over the property lines.  He purchased 3 adjacent properties and wants sufficient room between himself and the closest neighbor. 


Council Member Wride has talked to the Buttercup Management Committee and they indicate that they don=t have any problems with this request.  She suggested that the approval be contingent on the HOA approval, which should be done in the next couple of days.   Their biggest concern is to encumber the property and then make a non conforming lot.


Council Member Leonhardt made the motion to approve the Agreement and Covenant to Run with the Land for Mr. Sobieski for lots 34 and 35 of Buttercup Mobile Home Subdivision with the condition that we get the approval from Buttercup HOA.  Council Member Price seconded the motion.  All in favor and the motion carried.




Mayor Hansen showed the plat map of area by Harbor Village and Elk=s Ridge.  The county recorder brought to our attention that there is property being subdivided and changing hands without going through the proper procedure.  These properties could be considered non- conforming pieces of property.  Mayor Hansen stated that according to the ordinances, if you divide any parcel of property into two pieces then you need to come into the town for approval.    He explained that we are just trying to tell them that when it shows up like that it is red flagged. We just need to bring this to their attention because they may not have known. They can do the special provision for a small subdivision but they still must go through the process. 





Council Member Wride explained that they had a meeting with the Town Engineer, Mr. Dennis Bullock and the Mayor regarding the bike path extension.  Mr. Bullock is involved because it involves his property that he is donating to the town, which was appraised at $300,000 for the entire piece of property.  Council Member Wride said that Mr. Bullock would like to do something with the property that will be next to the bike path and some of the changes will impact his plans so they need suggestions.  We are on a time crunch and must have all of our paperwork done and signed by next Tuesday.  If Mr. Bullock donates what is written up right now it is more than what he wants to give us.  Moving the bike path further to the west leaves very little room to do anything between there and the townhomes.  He wants to be able to use the remaining property.  Originally the bike path was designed to go further east but had to be moved because of the wet lands. 


Mr. Frank Smith suggested that the townhouses purchase part of the property and use it in their HOA.  He said that he has dealt with the HOA and they may be willing to purchase the property for their use.  Council Member Wride said that UDOT required us to move the bike path, it wasn=t a considerable amount but it was moved further to the west.


Mayor Hansen said that if we can satisfy Mr. Bullock, he is willing to donate the property to the town but he would like enough money to offset the cost for the other owner.  That property is within the RDA so we could use some RDA money to establish the bike path and make a park at the north end of the property. Council Member Wride said that we still want to do the project, we just need to work through the details.  We do have the option of forgetting the project all together, but then we couldn=t extend the bike path at all further north. 


Council Member Price said that we want the bike trail but the RDA funds are pretty tight right now.  We will have a hard time coming up with any money right now.   Mr. Smith suggested that the property be donated to the town and issue a short term note then they could approach the HOA to purchase the property. 


Another issue that the town will have to deal with is maintenance for another piece of property.  The council agreed that there are a lot of issues to discuss.  Everybody will think more about this issue and try to come up with a solution tonight.  Mr. Smith said that he will talk with the HOA and see what they are willing to do. 


The deadline is still Tuesday.  The ideal thing would be for Mr. Bullock to donate the entire piece of property and then we can donate back the property that we don=t need for the bike path.  If we don=t come up with a solution by Tuesday then we loose the grant money.




Some of the parcels have changed property owners in the annexation that was approved last month.  We called Mr. David Church, Attorney for the League of Cities and Towns, and he said we can do what we want as far as the annexation, it is still property that was approved for annexation.  The Council agreed that we need to write a letter to the people listed as the new property owners and have them respond that they are in favor of the annexation.




The ordinance has been to the Chamber of Commerce, the Planning & Zoning Commission and a planning meetings a couple of times.  We have not had a public hearing yet.  There has been only one business owner that has given any suggestions for this ordinance but he didn=t come to this meeting.  This ordinance has been worked through a lot.


During the last meeting the off premise signs was changed to not be allowed in any zones.  No off premise signs.  We are finding it very difficult to deal with the off premise signs because they are showing up in residential zones and they are not being maintained, etc.   The off premise signs that are up already will be grandfathered and we can=t do anything about the signs that are in the county. The state won=t let the signs on the highway be repaired or replaced.  They don=t want the signs along the scenic byway.


The amount of signage that can be on the property has been increased.


Council Member Price said that he has a problem that the signs have to conform to the International Building Code.  That makes it so we automatically have to be subject to the IBC.  That section of the ordinance was changed to state Aby the current adopted building code@.


Council Member Price also said that everything that we are doing is making it harder for the businesses.  Council Member Leonhardt said that this ordinance has been to the chamber and not one of them had any comments.  We had it go back to the chamber so they could suggest changes.


Mayor Hansen asked if we addressed signs with electronic wording, is it a changeable sign or animated sign.  That is addressed in the ordinance and they are a permitted sign.


Council Member Leonhardt made the motion to send the sign ordinance #05-02 to a public hearing with the corrections.  Council Member Wride seconded the motion.  All in favor and the motion carried.  Mayor Hansen suggested that they really look at this ordinance before the Public Hearing so we are ready.




Mr. Troy Andersen and Mayor Hansen would like to recommend to the Council that they work on the utilities section of the ordinance.  They feel that we need a change so we can allow the town to use it=s own backhoe to make repairs, etc.  The ordinance 13A-5-BB really limits what we can do with our own equipment. 

When they extended the water line out to Mel Maynes the ordinances did not allow us to use our own equipment to do that.  Mr. Maynes donated property to the town and in lieu of that we were going to extend the line out to his house, but because of the ordinance we were not able to do that so he had to pay to have the line ran to his house.


If we were building a new road and we want to put in the utility lines, we can=t do that.   The impact fees are to provide the extensions and updates for the town.  We can=t use the backhoe to put in new water lines, only for repairs.


Council Member Leonhardt suggested that we look at other towns and cities and see what they do.  Council Member Gray said that we also need to be cautious about the business aspect of us running the lines and not allowing a contractor to do the work. 


Mayor Hansen and Mr. Andersen will do some investigating to see what other towns do.


Mr. Andersen said that we also need to look at the section that sets the fines.  He explained that a customer contacted him to turn the water off at the main valve because they didn=t have their own shut off to winterize their home.  Mr. Andersen told them that they couldn=t use the valve they had to install their own shut off valve.  That was all he heard until he was called and told that there was a leak.  The property owner shut the valve off but it was still leaking so they disconnected the meter.  That made a major cross connection.  If we ever lost pressure then it would suck the water back into the main lines.  Mr. Andersen called the property owner and told them that we would fine them but the maximum is $299 and a separate offence could be $299 per day. The Council agreed that according to the ordinance we can charge him $299 per day until it is fixed.  We need to send the customer a copy of the ordinance and write them a letter stating that. 


The ordinance states that they need their own shut off.  Also, the connection agreement, that they sign, states that they will install their own shut off.  This is a continual problem throughout town. 

Mayor Hansen suggests that we have something to put on the water bill stating that any violators will be subject to that ordinance and the fines.  The council agreed.




Mr. Andersen said that we started monitoring last month for the State Bilateral Agreement.  We received the results from Utah State and there is nothing to report.  We are taking the water samples for fecal coliform. Our turbidity meters are running great and they are recording way lower than the limit.  Mr. Andersen checks the meters 3 times a week.  He is doing a great job getting the samples done and keeping track of the system. 


Mr. Andersen is requesting permission to go to St. George for the Rural Water training.  He should take his own vehicle so we have the truck in case we need to do a repair.


Council Member Leonhardt made the motion to allow Mr. Andersen to go to the training in St. George. Council Member Price seconded the motion.  All in favor and the motion carried.




Community Development Block Grant

Council Member Leonhardt explained that we did receive approval for some funding for the CDBG but it was a lot less than what we requested, we were awarded $61,295.  We are having a public hearing to discuss what we want to do with the library and the grant. We just need to decide what we can do with the money and what kind of community support we can get.  If we accept the portion we were awarded we will be required to complete the project.


National Scenic Byway


Town Clerk Kathy Hislop and Council Member Leonhardt reported that it didn=t look very good on getting this grant.  We met with some of the state representatives who are in favor of the grant.  We then met with Wayne Jagger from UDOT and it didn=t sound like the grant got a favorable rating. 




Appointment of Planning & Zoning Commission Member


Mayor Hansen explained that Mr. Nate Parry has agreed to serve on the Planning & Zoning Commission.  Mayor Hansen presented his name to be considered for a Planning & Zoning Commission Member.  Mr. Parry has lived in the valley since he was 16 yrs old.  He is running the New Freedom Mortgage in town, leases Quick-N-Tasty and also owns a property management company.


Council Member Gray made the motion to accept the appointment of Nate Parry to the Planning & Zoning Commission. Council Member Price seconded the motion.  All in favor and the motion carried.


Youth Council Trip to the Legislature


Mayor Hansen stated that the trip was worth everything that we hoped it would be, it motivated the youth.  It is an investment that we are making to create leaders for our community.


Funding for Cami Hodges to go to Cheerleading Camp


Mayor Hansen said that we haven=t heard from the Laketown Town Council.  We would like to see Laketown do something.


Council Member Wride talked to Utah League of Cities of Towns for a suggestion on how to handle these type of issues.  They said that we should have a policy of what we want to do for these type of requests.  We don=t have a policy.  We just need to be careful.  Mayor Hansen will contact Mr. Gary McKee from the Laketown Council.


Request for donation from the Rich County Rodeo Club


The Council agreed to do a half page ad for $50.  We will do the logo with the theme and state that we are supporting our youth and their future.


Council Member Leonhardt made the motion to donate $50 for a half page add.  Council Member Gray seconded the motion.  All in favor and the motion carried.


Rich Education Foundation Donation


Council Member Leonhardt made the motion to donate $200 to the Rich Education Foundation.  Council Member Price seconded the motion.  All in favor and the motion carried.




The Council suggested that the Youth Council under the direction of Tammy Calder be responsible for the Easter activity.


Council Member Price made the motion to appoint Tammy Calder and the Youth Council for the Easter activity.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Street Lights in the park


We received a letter from Utah Power giving us two billing options for the lights in the park.  One is to purchase the lights and be responsible for all the maintenance.  Then the lights would be on a meter.  The second option is to pay a flat rate of $36.06 per month for both lights and Utah power would be responsible for the maintenance.  The Council agreed to pay the flat rate of $36.06 if it is for both lights.


Culvert at Kimball Lane


We have outstanding bills relating to the culvert at Kimball Lane.  The remaining bills amount to approximately $3,000 and are from Sunrise Engineering and Lutz Construction.  Council Member Wride suggested that we pay for those costs because it is benefitting the town greatly.  Mr. Brian Burr and the Sweetwater HOA did a lot of work to get that road paved.  Mr. Burr contributed about $85,000 and Sweetwater contributed about $25,000.


Council Member Leonhardt made the motion to pay the remaining bills for Kimball Lane at approximately $3,000.  Council Member Gray seconded the motion.  All in favor and the motion carried.


KOA Business License


KOA would like to do ATV rentals this year.  They have it listed on their business license but they want to make sure that it is okay.  The council agreed that it was okay because it is listed on their business license.




Mr Erickson said that we have more permits than we have ever had before.  Trendwest will be here next week with their drawings and application.


Mr. Erickson said that we need to re-do the building code resolution to adopt building codes.  He talked with the Mayor and he does not want to adopt a blanket ordinance.  We have to follow the codes that the state adopts but we can make amendments that will apply  just to Garden City, but there is a process to do that.   We can either adopt a new resolution every year or follow what the state has adopted and their amendments. 


Council Member Leonhardt said that there is no reason to keep doing new resolutions if we have to follow the state anyway.  Council Member Wride and Council Member Price agreed.  Mayor Hansen said that he hates blanket coverage.  Council Member Wride said what if something gets overlooked and we allow it by the old codes.


Mr. Erickson said that he would like to see the ordinance changed but either way is okay with him.  It is easier to just go by what the state adopts.  Builders that come here to build will be following the same codes.  Mr. Erickson would like the building codes approved by ordinance so they are on the internet. 


The Council asked for a month to think about this. 


Mr. Erickson said that he has a problem with people getting their final inspections.  He suggests charging a $2000 refundable deposit to make sure that they get the final inspection.  The money would be refunded after the final inspection.  He said that it is a huge problem not only with the final inspection but the county does not get the information for tax purposes.  Mr. Troy Peterson suggested that we don=t go to the extreme of $2000.  He suggested starting with a lesser amount and see how that goes.  Mr. Erickson said that out of 172 permits he has done 5 final inspections, so it is a huge problem.  Mr. Petersen said that he hates to see it hurt everybody.


Mr. Erickson said that he has been doing a lot of extra inspections that he does not charge for.  There is 16 different inspections that he has to do on each job.  Last week he went back 6 times to one job for the same inspection.  He is suggesting that he do the first inspection and a re- inspection at no additional charge.  If he has to go back for a re-inspection of the re-inspection then we need to charge them a fee.  The purpose of the permit fee is to pay for the inspection time and if they are creating extra work then we need to be reimbursed.


Council Member Wride made the motion to allow the building department to charge a $2000 deposit that will be refunded upon final inspection which is payable at the time the building permit is issued.  Council Member Leonhardt seconded the motion.  Mayor Hansen asked if we should charge $1000 instead of $2000.  Council Member Price agreed with charging $1000.  Council Member Leonhardt said that if we are going to do a deposit we need to do it right.  All in favor and the motion carried.


Council Member Leonhardt made the motion to charge $50 for a re-reinspection of a re-inspection.  Council Member Gray seconded the motion.  All in favor and the motion carried. 


It was explained that Trendwest would like to have their plat recorded after the structures are built.  They said that is the way all condo units are done.  It is an as built plat.  That way the plat shows exactly what is built. 


Council Member Leonhardt made the motion to allow Trendwest to build the structures and then record the plat.  Council Member Wride seconded the motion.  All in favor and the motion carried.




Council Member Leonhardt explained that Bryce Nielsen is in charge of the Home Lands Security for the county.  He had a meeting with the other counties and he received money for the town to buy an ArcView system, which includes all the hardware, the software and training. It will cost approximately $16,000.  He also bought a welding cascade system which is used for the Fire District and the Search and Rescue.  This will be about $12,000.  He is buying a boat that will have a pump to fight fires on the lake, etc.  He is working hard to get the money we need to take care of the emergency needs of this county.  Mr. Nielsen, Council Member Leonhardt and Sheriff Stacey went to a FEMA and Home Land Security training.  It was an excellent course and very valuable.  Council Member Leonhardt suggested that we write Mr. Nielsen a letter thanking him for what he is doing for the community.


Mayor Hansen said that we have some glitches with the Architectural Ordinance.  He feels that we need to have an industrial park somewhere.   He said that it doesn=t make sense to follow the architectural standards in a part of town where the other buildings are metal buildings.  The issue is that we have people that need an industrial zone and we have not addressed it.  Mr. Troy Petersen wants to build in a commercial zone and he said that he is willing to conform to what is already in that area.  A building that is built to the architectural standards probably wouldn=t fit in that area.  Council Member Price suggested that we change the ordinance so that we can allow a waiver on a case by case basis.   We are putting a hardship on the businesses with the architectural standards, and there are places that it is not appropriate.   Mayor Hansen said that we do need to raise the bar in town.  The architectural standards ordinance took almost a year to get approved. Mayor Hansen said that we had a lot of public meetings to discuss this ordinance but we didn=t have hardly any public input.  Council Member Price said that there are a lot of cases that really don=t fit this ordinance.  There was a lot of people from the business sector that was in favor of that ordinance. 


The council all agrees with the principle of the issue but we don=t know how to fix it.  We would have to rescind the ordinance and then everyone that brought in their plans in the mean time would be allowed to build according to the old ordinance.  One suggestion was to re-zone that one lot to manufacturing, which would allow a metal building.


There was a lot of discussion regarding a meeting for the Planning & Zoning Commission and the Town Council to help fix this issue. The council discussed the time limit for getting on the agenda and special meetings. 


Council Member Gray encouraged the Council to not do anything that we wont do for someone else.  Council Member Wride said that we created the problem so we need to try to fix it.  Mr. Petersen said that the new ordinance really limits everything.


Council Member Price made the motion that we work with Mr. Petersen as fast as we can to resolve this.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Mayor Hansen said that we all need to be cautious about the use of attorneys and engineers.  The cost is extremely high.  If it is something that we can deal with internally then we need to deal with it internally.  Also, we need to stick to the duties that we have been assigned.  


Mayor Hansen said that we need to set some goals.  He would like Council Member Gray to work on the business licenses, coordinating with Mr. Bryce Nielsen on the Homeland security and the park.  He would also like to see an audit on the sales tax.  Council Member Price is over the budget.  Council Member Wride is over the roads, the bike path, sidewalks and beach accesses.  Mayor Hansen would like her to finish 3rd west, going north and the Hodges Beach rights-of-ways.  Council Member Leonhardt is over the Planning & Zoning Commission and Raspberry Days.


Council Member Wride reported on the last County Commission meeting.  They are looking into purchasing large cans for trash.  Mayor Hansen said that we need to fight that because the trash cans will be out all week.  They also want to do a controlled burn around the Landfill as soon as the weather would allow. 


Council Member Wride said that UDOT will require us to do a traffic study for the 3rd west entrance onto the state highway.  The study will cost several thousand dollars and then we will have to put in a left hand turn lane that will cost us about $200,000.  We need to talk to our legislature and tell them that they can=t indebt small towns that way. Council Member Leonhardt said that they are not thinking that we are trying to alleviate some of the traffic issues there on the highway.   We need to schedule a meeting with UDOT and the legislature as soon as possible. There is also an issue with the drainage on 3rd west.  Council Member Wride is working on that. 


Council Member Wride said that we have a draft copy of the Transportation Master Plan.  If we adopt this program then we are eligible for grants.


Council Member Gray asked about a business license for businesses such as Avon or Mary Kay. He is trying to review and determine what types would need a business license or which ones would not.  Mayor Hansen said that the new sales tax law would change that requirement because all businesses would collect sales tax.  As of today, Mayor Hansen said that we usually require anybody in town to get a business license and make them file for a sales tax number.   The council said that they do need to have a business license because we want to know what they are doing and where.




Council Member Price made the motion to approve the minutes of the Public Hearing held on January 13, 2005 at 6:15 p.m. as presented.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Council Member Leonhardt made the motion to approve the minutes of the Public Hearing held on January 13, 2005 at 6:30 p.m. as presented.  Council Member Wride seconded the motion.  All in favor and the motion carried.


Council Member Wride made the motion to approve the minutes of the Public Hearing held on January 13, 2005 at 6:45 p.m. as presented.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Council Member Price made the motion to approve the minutes of the Town Council meeting held on January 13, 2005 as presented.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.




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




There being no further business to discuss, Council Member Price made the motion to adjourn the Town Council meeting at 11:15 p.m.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.











Kenneth Hansen, Mayor









Town Clerk