Meeting Minutes January 2006






The Garden City Town Council held their regular scheduled meeting on January 12, 2006 at the Garden City Office, located at 145 W. Center (Logan Road).  Mayor Hansen opened the Town Council meeting at 7:00 p.m.


Council Members Present:


Kenneth Hansen, Mayor

Mike Leonhardt

Larry Gray

Elizabeth Seiler


Others Present:


Kathy Hislop

Jason Linford   

Randy Erickson

Margaret Satterthwaite

Cindy McClaughlin

Jim McClaughlin

John Alter

Jeff McPhie

Kari Spencer

Brian Spencer

Frank Smith

Scott Gough

Lance Andersen

Ed Price

Tina Price

Dale Stacey


Mayor Hansen welcomed everyone to the Town Council Meeting




Kenneth Hansen was sworn in as Mayor of Garden City for a second term.  Larry Gray and Elizabeth Seiler were sworn in as Council Members.


Mayor Hansen welcomed Council Member Seiler to the Council and said that he appreciates her willingness to serve the community.  He also congratulated Council Member Gray for being elected, he did a great job last year.




Bodines Bear Lake Barbeque and More, Jim & Cindy McLaughlin


Mr. McClaughlin passed out their proposal, which is a request to build a restaurant and 2 stores at 85 N. Bear Lake Blvd.  They have been to the Planning & Zoning Commission for approval of the Conditional Use Permit, which they recommended that the Town Council approve.  The preliminary plans have been drawn with the architectural considerations.  Mr. McClaughlin said that the parking for the real estate office comes off 100 North.  All the parking is on their property, no one is parking on Town property or right of ways.  Mr. Randy Erickson said that the parking is adequate for what they have.  They do need a second handicap spot, which is there it’s just not indicated handicap.  Mr. Erickson said that all the plans fit the ordinance.


Mayor Hansen said that we don’t have anything stipulating the type of lighting  but we do request low impact lighting.  Ms. McClaughlin said that is what they are going to do.  It also needs to be directed down and not out. 


Mayor Hansen reviewed the building materials, which will be block like they did at the marina with some wood.  Loading and unloading will be in the rear of the restaurant.   It will have a covered deck walkway and eating area.  The dumpsters will be in the back in a fenced area.  The propane tank will be underground.  They will have a privacy fence on the east and north sides along the residential area.  They also plan to have a monument sign in the future, that they will have approved by the Planning & Zoning Commission.  Mr. Erickson will oversee the signs, but the Planning & Zoning Commission will review the monument sign to make sure it meets the criteria.


Council Member Leonhardt made the motion to approve the Conditional Use Permit for Jim & Cindy McClaughlin, Bodines Bear Lake Bar-B-Que and More.  Council Member Gray seconded the motion.  All in favor and the motion carried.  The motion was amended to add the stipulations that was set forth by the Planning & Zoning Commission.  Some of their requirements were that the building meets the Architectural Standards, handicap, etc.  They will work with The Building Inspector on the building requirements.  Council Member Leonhardt made the motion to amend the original motion.  Council Member Gray seconded the amended  motion.  All in favor and the motion carried.




Council agreed to move to this agenda item.


Mr. McLaughlin explained that they need to encumber the 2 lots to fit the setbacks for the plan as outlined above. 


Council Member Leonhardt made the motion to encumber parcels #41-21-40-091 and 41-21-40-122.  Mayor Hansen explained how an encumbrance works and that the Council is the only Board that can release the encumbrance.  Council Member Seiler seconded the motion.  All in favor and the motion carried.




Spencer Associates, Kari Spencer


Ms. Kari Spencer explained that they just want to rent out some units and houses here in Garden City.  They do own 3 units that they will rent out along with a few others in the Harbor Village area.  It will be a property management business.  They won’t have an office in Garden City, the business will be ran out of her home in Clearfield.   The Council discussed a HOA approval letter, but determined that because they will not have an office in Harbor Village they will not need the letter.


This business was purchased from Dorene Lee.  Mr. Frank Smith stated that he has some concerns about the name and the phone number.  He said that he owns the Harbor Village Resort now and he is concerned with this business having the Harbor Village name.  Ms. Spencer said that her business has nothing to do with what Mr. Smith owns.  Mr. Smith said that Harbor Village was a registered trademark at one time.  He also said that another problem was that previously this business was handled very poorly and there may be a chance of some liability issues from the past.  Mayor Hansen said that should not be a Town issue, that is between the business owners.  Council Member Leonhardt said that Mr. Smith may just need to check into the problems on his own.  Mayor Hansen said that the name issue is not an issue for the Town, but if the name does not have a trademark attached to it, it can be registered.  Ms. Spencer said that they have the name registered with the Department of Commerce. 


Council Member Seiler asked if a license is required for property management. Mr. Smith said that the real estate commission requires a property management license only if you rent units longer than a month at a time.  Ms. Spencer said that they will only be renting a couple of days at a time, nothing longer.


Ms. Spencer said that they do have a current sales tax number listed with the Town of Garden City.


The business license will be allowed for all of Garden City.  Rentals are allowed in all zones as long as the CC&R’s allow it.  Mayor Hansen said that we have no authority over that either, that is within the HOA to govern that part.


Council Member Gray made the motion to approve the business license for Spencer Associates, Kari Spencer.  She must as property management provide the State Tax number.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Bear lake lodging, Jeff McPhie


Mr. McPhie is questioning why he is required to have a HOA letter of approval for his business.  He said that he does have a letter from the HOA president giving them approval for what they requested, but the business is in the commercial section of Harbor Village and also in the building that is owned by Mr. Frank Smith, it’s not owned by the HOA.  The Council agreed that he did not need the HOA letter.


Discussion regarding changes to businesses


Council Member Gray explained that there has been some discussion regarding businesses that have changed addresses, etc., and what they are required to do.  He read through the ordinances, which states that any change needs to come before the Town Council for approval.  He said that one question is, does a business owner need to come before the Town Council to ask for approval to change location or can they do a letter requesting approval.  The letter would still give us an opportunity to watch for problems.  Mayor Hansen said that if a business relocates there are a lot of issues to watch out for.  Council Member Gray said that we could still review that even with a letter.  Council Member Leonhardt said that we need to look at the type of the business and also see if they had stipulations.


Mayor Hansen asked how the Council wants to handle this issue.  He asked if the Council is  willing to give Council Member Gray some discretion with some guidelines to review changes in business and to make the decision or make everyone come back to the Town Council.  Council Member Gray said that it would save a lot of time to have it handled by the Council Member over business licenses.  The Council agreed to have Council Member Gray update Ordinance #8-114 and present the changes to the Planning & Zoning Commission and the Town Council.  The Temporary Business Licenses are still in force until we get this resolved.






Mr. Jason Linford, Sunrise Engineering, explained that they will go to the DWD Board meeting tomorrow to finish the funding for the project.  They are going to propose a loan of $2,033,000 for 20 years at 2.31%.  Rural Development will fund $2,530,000, which will be 28% grant and 72% loan.  Water rates will increase to approximately $37.84 per unit, which is close to the average for the state.  We still need to develop a rate structure.


Building Design alternatives


Mr. Linford showed the preferred layout of the building for the treatment plant.  The site is surveyed, which he will get to the Utah State Division of Wildlife Resources.  The Council discussed the different types of building design.  We need something to present to the state and the Wildlife Resources for approval.  We need to make the structure as non-intrusive as possible.


The water tank will be a 500,000 gallon tank.  It will be 16' deep and will be partly buried into the slope.


We plan to build the tank and the building with as little exposure as possible.  Mr. Linford said that there shouldn’t be too much noise, we will have a compressor room, pumps running but the building will be pretty insulated to help with noise.  Mayor Hansen asked Mr. Linford to do some extra effort on this issue of noise and the lighting around the building.


GPS System


Mr. Linford explained that the cost of GPS units vary depending on what we need.  A Trimble unit with a sub-foot accuracy, is about $5350, the software is $2,500 for a total around $7,800.  The meter accuracy will be about $4,650 total. Mayor Hansen said that if he is trying to find a valve head in frozen ground, 3 feet would make a big difference. 


Mr. Linford will give the estimates to Council Member Gray and he can come up with a proposal for the Council.  Sunrise will provide some training along with this purchase.  Council Member Leonhardt suggested that we try to get some money from Homeland Security because we will be able to mark the fire hydrants with the system.  Mayor Hansen said that this is one of the projects that we allocated money from the water fund.


Mr. Linford and the Council agreed that he should work on the current zoning maps. 


Mayor Hansen said that most water users in the Town already have meters installed but they are  not read.  The meters will be replaced and read as part of the water project.  We will need to develop the rate structure to go along with the water usage. 




Final as built plans


Mr. Lance Anderson explained that they are seeking final approval for the remainder of the Trendwest buildings.  He explained that the Planning & Zoning Commission approved the plat contingent on additional parking for the RV’s.  Mr. Anderson passed out a plat showing a change   they made which includes the RV parking.  He said that they do need to address this change with the Master Association for their approval.  Mr. Randy Erickson said that we are aware of a problem with parking in that area but it is hard to have them bring in more parking without anything to gage it by.  Mr. Anderson said that he feels they are providing a good solution.  He said that they provided more parking than what is required by the ordinance.   Parking in that area is all part of the Masters Association so it is not just for Trendwest. 


Council Member Leonhardt made the motion to accept the final as build plans for Trendwest Resort based on the recommendation by Planning & Zoning Commission.  Council Member Gray seconded the motion.  All in favor and the motion carried.


Addressing of the current Trendwest Units, Lance Anderson


Mr. Anderson explained that Trendwest would like to amend the unit numbers for first phase.  The way the numbering is now is very confusing.  They are not going to change the address or the legal description.  Changing the unit numbers will make it easier with the emergency calls.  The new numbers will  follow the building numbers, unit numbers and key numbers.




Mr. Ed Price said that he would like to know if there is interest from the Town to extend 250 south from 100 west to 300 west.  He said that they would be willing to give a 30' wide right of way on his north property line for the road.  He said it would be advantageous to them to have that road extended.  He would like to see the Town develop the road within a reasonable amount of time.


Council Member Gray said that we certainly need more roads in Town.


Mr. Price asked what time frame the Town could develop that road.  Mayor Hansen explained that we have major road projects that are in the works right now.  Council Member Leonhardt said that we know we need future roads in that area but the question is where they are going to go and when we can develop them.  


Mayor Hansen explained that when we started the annexation process of that area he thought we would have some time to sort out some of the things that need to be address in the future.  We need to develop a policy of who is going to do the roads in the developments and who will fund  and maintain them.  He feels that we are not really prepared to answer the question at this point and we don’t know how soon we can move on this request.  We need to finish the projects that we have outstanding right now.  But having said all that his concern is that we need to start dealing with these type of issues now and not in the future.  We need to work on the road department and the impact fee schedules.


Mr. Linford said that the first thing that we need to do is get the General Plan for the roads completed. 


Mayor Hansen said that we will keep Mr. Price informed on our developments in that area.  Also, he invited Mr. Price to the Wednesday night meetings because we talk about the road developments.




Sheriff Stacey passed out the 2005 annual report for the Sheriff’s Department.  He went over the report.  He explained that the Sheriff’s Department cannot legally be involved in the drug testing at the schools. 


Sheriff Stacey said that when he hired the new Deputy one of the criteria was that he would have to live in the north end of the county.  They are in the process of hiring another Deputy to replace Mike Russell.  He will also need to live in the north end of the county. 


Mayor Hansen asked about a policy in regards to registering vehicles in Rich County if the owner lives in Rich County.  Sheriff Stacey said that if he knows it is happening then they go to the person and tell them that they need to register their vehicle here.  It is a $1,000 fine.  The burden is on the Sheriff to prove that they live in the state and it is their vehicle. 


Mayor Hansen thanked him for what they do in the county. 




Community Development Block Grant


We have received the funds and have closed on the Calders property. We are just waiting for the right of way legal description to close on the Nance property.


Rural Community Grant


We are just waiting for the refund.  We have received the signs and they will be installed next spring.


Transient Room Tax, 2006


Council Member Gray said that they are working with the property owners for the trail head property.  He is still working on this and should have more info next month.  We have been approved for $20,000.


Transient Room Tax, 2005


We are just waiting for reimbursement for the signs.




New Planing & Zoning Commission Members


Mayor Hansen explained that Commission Member Hodges and Commission Member Bourne’s terms were up at the end of 2005.  He also explained that Commission Member Parry now resides outside the Town limits so he needs to be replaced.  Mayor Hansen said that both Lance Bourne and Lana Hodges have been outside as far as dependable and participation on the Board.  He said that Mr. Bourne does want to continue on the Commission but he has not been able to contact Ms. Hodges to see if she would continue to serve.  Mayor Hansen gave 4 names to consider for the three open Commission positions, Lana Hodges, Lance Bourne, DJ Ballingham and Jennifer Huefner.


Council Member Leonhardt said that he would like to see new people come onto the Board.  He said it gives more people a chance to serve.  Council Member Gray agreed that change never hurts.  He suggested they appoint Mr. Bourne, Ms. Huefner and D.J. Ballingham.  Council Member Seiler suggested that they keep Ms. Hodges on the Commission because she is solid and knows what is going on, she knows the ordinances.   She said that we have a very new Planning & Zoning Commission right now. 


Council Member Leonhardt made the motion to appoint Jennifer Huefner, DJ Ballingham and Lance Bourn to the Planning & Zoning Commission.  Council Member Gray seconded the motion.  A roll call vote was taken: Council Member Leonhardt, for; Council Member Gray, for; Council Member Seiler, opposed.  Motion carried.


Mayor Hansen said that he would like to work with the Planning & Zoning Commission in their meetings.  He would also like to go over one chapter of the Land Use book per meeting.  He feels it will be a great asset.  It will be on the agenda and Mayor Hansen will conduct the lesson.


Council Member Leonhardt will contact the League of Cities and Towns to see if they will come and do some training. 


The Council also agreed that they should go to training seminars and the Town will pay for registration, hotels and milage.


New Board of Adjustment Member


Mayor Hansen said that he is not ready to do the appointment.


Fraud letter from the State Auditor


The State Auditor sent a letter to the Council’s of every city and town in Utah telling them to watch for financial fraud in their cities. 


Mayor Hansen said that he is in the process of putting together a new employee policy and a code of conduct.


Easter Events


The Youth Council will be in charge of the Easter events this year.


Annexation Discussion


The Clerk explained that the current annexation request will create an island of a few small parcels.  The Council agreed that there is enough property in the requesting petition to take those properties along and annex the entire area.  We will send a letter to the property owners stating that they will be included in the annexation of that area.  Council Member Leonhardt will sign the letter because Mayor Hansen has a conflict of interest. 




Mayor Hansen explained that the blazer broke down and possibly needs a new engine.  He said that even if it needs a new motor it is worth fixing.  Council Member Leonhardt said that he feels  it may be worth looking for a new or newer vehicle.  He suggested that we look to see what is out there and also get an estimate of what it will cost to fix the blazer, which will be about $2,500. 


Mr. Erickson said that he has about 17 contractors signed up for the Contractors training.  He explained that they can get their certification just by coming to our seminar. 


Mr. Erickson explained that the Building Department was turned into the Utah Attorney General by someone trying to build in Rich County.  They were upset about being charged the $2,000 deposit.  The person that filed the complaint thought it was a Garden City requirement not a Rich County requirement.  The documentation was sent to the Attorney General and we haven’t heard anything since.


Mr. Erickson said that we need to be thinking about replacing Mr. Nelson who will be going on a mission soon. 


Mr. Erickson has just has one more certification to get which is the electrical certification and he is planning on doing that in April.  He then wants to get the plan review certification.


Annual Meeting Schedule


Council Member Leonhardt made the motion to approve the 2006 Annual Meeting Schedule as presented.  Council Member Gray seconded the motion.  All in favor and the motion carried.


Resignation Letter  from Council Member Wride


We received a letter of resignation from Council Member Wride.  Mayor Hansen said that this was hard for her to do because she has some projects that she is still working on.  She has done an outstanding job.  We will advertise for the vacancy and then the Council will review the resumes prior to the next Town Council Meeting. 


Mr. Erickson explained that the state has a standing easement on all highways of 100 feet.  Just south of the marina there is only 33 feet on either side of the center of the road.  He said that there may not be enough room for the Lockwood Development to go where they want it to go without going on state property.  He said that we should identify the highway right of way before we go much further with Lockwood.




There were no further reports other than what has already been discussed for this month.


Mayor Hansen said that he needs to decide how to do the Council Member assignments.  He said that now is the time for the Council to say if they want to change their assignments.  He said that he will visit with Council Member Seiler to find out what her specialties are. 


Mayor Hansen said that he has talked to Mr. Dennis Bullock about the entrance to 3rd west and we may be able to go in together to do a better project.  We should spend RDA funds for this project.


Mayor Hansen said that we should purchase a piece of property for a large parking lot that could help with some of the congestion on the main road.




Town Council Meeting held on December 8, 2005


Council Member Gray made the motion to approve the minutes of the Town Council meeting held on  December 8, 2005 as written.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Public Hearing held on December 8, 2005


Council Member Gray made the motion to approve the minutes of the Public Hearing held on December 8, 2005 as written.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Executive Session held on December 8, 2005


Council Member Gray made the motion to accept the minutes of the Executive Session held on December 8, 2005 as written.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.




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




There being no further business to discuss, Council Member Leonhardt made the motion to adjourn the meeting at 11:20 p.m.











Kenneth Hansen, Mayor









Town Clerk