Meeting Minutes November 2004






The Garden City Town Council held their regularly scheduled meeting on November 11, 2004 at the Garden City Office, located at 145 W. Center (Logan Road).  Mayor Hansen opened the meeting at 7:05 p.m.


Council Members Present:


Kenneth Hansen, Mayor

Mike Leonhardt

Sharlotte Wride

Mark Stringham




Arlo Price


Others Present:


Kathy Hislop

Sharlene Millard

Randy Erickson

Pat Reilley

Laura Reilley

Margaret Satterthwaite

Bobby Clark

Layne Clark

Loretta Fidler

Bryce Huefner



Bryan Stringham

Mark Hislop

Larry Gray

Lance Bourne

Donna Hansen

Lindsey Hansen

Stephanie Floyd

Darin Pugmire

Gary Teuscher

Sylvia Teuscher



Mayor Hansen welcomed everyone to the meeting.




Ageless Imaging and Cinema, Larry Gray


Mr. Gray explained that he would like to open a business out of his home, transferring digital images, pictures, CD=s or video cassette=s to DVD.  They have opened up an internet site. 


He will have his clientele come to his home or he can go to their place, but he doesn=t anticipate  having more than one client at a time.  There will be no retail sales just services.  He will have to charge sales tax for the finished product and he does have a sales tax number that is registered with Garden City.  There are no chemicals involved, just digital equipment and his computer.


Council Member Stringham made the motion to approve the business license for Mr. Larry Gray for Ageless Imaging and Cinema.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Bear Lake Marine, Harry Bennion


Mr. Bennion is not in attendance at this meeting.  Mayor Hansen stated that if the business is not in the same location as before then he will have to go to the Planning & Zoning Commission first for a conditional use permit.




Mr. Teuscher is late getting to this meeting.  The Council agreed to move to the next agenda item and come back to the audit when Mr. Teuscher gets to the meeting.




Mayor Hansen explained that we have a new Youth Council which is really a good thing for the community and a great opportunity for the youth. 


Ms. Sharlene Millard explained that the Town Council wanted to start a Youth Council and get the kids involved with things that they think are important for Garden City.  The Youth Council will learn how to decide what they want to see done and figure out how to accomplish it with the help of the Town Council.


The new Youth Council is:

Stephanie Floyd, Mayor

Lindsey Hansen, Youth Council Member

Spencer Hansen, Youth Council Member

Adam Cook, Youth Council Member

Bryan Stringham, Youth Council Member

John Hansen, Recorder


They will have the opportunity to speak for themselves about things they see that are important to them.  Also, it shows them how to follow rules and learn how to work in the government.  They will get experience on how to be effective on jobs in the future.  They have the latitude to bring up projects on their own, bring it to the council, ask for funding and figure how to accomplish it.


The youth appointed will do a great job.  They will meet once a month and it should be really interesting.  The youth are very busy and this may be difficult to fit into schedules, but they will benefit from the experience.  It is a good thing for other areas in the community and maybe they will follow suit.


Ms. Sharlene Millard swore in Stephanie Floyd as the Youth Council Mayor, Lindsey Hansen as a Youth Council Member, and Brian Stringham, as a Youth Council Member.




Mr. Pugmire said that he needs some details for what they are trying to with the Laurel Whittington property, which is on Logan Road from 100 w to 300 w.  They want to annex it into the town, zone it commercial and subdivide it into 2 lots of 3 acres each.  200 feet of the upper 3 acres will be given to the town for the continuation of 300 w.


We are working to get all the property in that area annexed at the same time.    Mr. Pugmire said that they want to be able to subdivide the property so they have 3 acres of raw ground to work with.  It will be a minor subdivision.


Council Member Stringham asked if the upper portion is in line where we want 300 west.  It is and it has also been surveyed. 


Council Member Wride said that we are trying to make the new section of 300 west 100 feet in width.  Mr. Pugmire said that they are willing to work with the town on the road.


Council Member Leonhardt said that the biggest thing is to get everyone on one annexation and get everything done at the same time.  Mayor Hansen said that we need to get the entire area annexed but we don=t want to hold up Mr. Pugmire=s project.  Mr. Pugmire said that he is willing to help with the annexation but he agrees he doesn=t want his project to be held up.  Mayor Hansen said that we need a letter from Mr. Whittington, the property owner, that he is aware of the annexation then we can work through the process.


Mayor Hansen said that the subdivision shouldn=t be a problem it just needs to be annexed first. 

There are no concerns with getting the utilities to the property.




Mr. Hislop explained that the Fire District is requesting funding to help purchase some new equipment for the fire department.  They want to purchase a costly piece of equipment called a snuffer, which takes 1000 gallon of water and a gallon of solution and turns it into foam which would put out a fire much faster than plain water.  As fast of the foam would hit the fire it would put it out.  The snuffer ranges from $17,000 to $30,000.  The unit that the Fire District would like purchase is approximately $24,000.  They did get a grant for $14,000 so they still need $10,000. 


The unit has to be mounted on a vehicle and they put in for a surplus vehicle from the state.  They think they have the okay for the surplus vehicle. 


They are here requesting a donation of $5,000 from the town to help purchase the snuffer.  The Council does give donations to other entities.  The Fire District feels that it is important to get this piece of equipment.  The Fire Board has approved to put in the remaining funds to make it possible.


Mr. Bryce Huefner said that this is an effective system to use on car fires.  Mr. Mark Hislop said that it is also a better system to use on structural fires because of the amount of water you use to put out the fires.  Just the water that you put on that fire creates a whole new set of problems.  With the foam you can use it without creating flood damage.  It would be a great benefit to the homeowners. 


The Fire District boundaries go from the Idaho boarder to the rest area, and the forest service line.  There are 3 other fire districts in the county.


Mr. Huefner said that there are basically 3 types of fires, wildland, urban wildland and structure fires.  This vehicle will be really effective in all those types of fires.  We have a lot of urban wildland areas.   In the winter time more roads are being opened and this vehicle will be able to travel the roads where the other fire trucks can=t travel.


The past 2 years we have put $4,000 aside, each year, for EMT training and there are not enough people interested in the training to use the entire amount.  We can use some of that money to help with this project.


Council Member Stringham said that it is an essential piece of equipment that will help when fighting a fire, but does our community have a need for this type of equipment.  Mr. Hislop said that a lot of the equipment that the Fire District has had in the past was hand-me downs and we need to start getting things that we can use to effectively fight a fire.   They have tried to stay frugal and stay within their budgets.


Mr. Huefner said that the ISO rating in this area has gone from 8/9 to a 6/7.  That is a great savings on our homeowner insurance. 


The truck is self contained and they can pump from the truck.


Council Member Wride said that she is always in agreement that we need to give the Fire District the best equipment to handle what they need to do.  The fires will be put out quicker with less water and less damage.  If we can find the money in our budget then we should do it.


Council Member Wride made the motion to donate $5,000 to the Fire District when we can find it in our budget.  We need to talk to Council Member Price.  We will budget $5,000 to the fire department for the foam equipment.  Council Member Stringham seconded the motion.  All in favor and the motion carried.


Mayor Hansen said that we were trying to figure out why our mill levies are going down.  We are working to fix the problem with our revenues.  The mill levy for the Fire District will continue to go down unless they work with us and get the information on the increase of the new development and increase their property tax budget revenues.  We will budget more money than what we have received in the past.  The Fire Department has figured that out and they also plan to do an increase in their budget.




Mr. Gray stated that they have made some goals for the ATV=s in town.  The committee meet and talked about some of the issues.  We did receive a grant for some signs, but the committee felt that is was not appropriate not to spend that money immediately because they need to determine where the trails are and how to access those trails.


Their committee suggestions are that we need to establish trail heads.  There are two promising locations, one is the Circle C gravel pit, where there is an opportunity to purchase 1- 2 acres to use as a staging/parking lot.  The other trail head is in the Hodges Canyon area.  People are always asking where they can go to ride their ATV=s.  We can tell them where they can go but there is not a way to get down to town. 


Also, another suggestion is where to open routes through town.  The committee suggested that we open 75N, 200 N, 100 W, 300 W, 150 S, 50 S, and Kimball Lane.  We need to make sure that the purpose for these routes are to get from one place to another.  The purpose is to get to the trails and to services in town. 


The state parks will be a player in acquiring some of the ground for the trail head areas.  We need to see how the conversations will go with the landowners.  It may just be an easement other than purchasing the property.


Council Member Stringham said that the Circle C land is great but there is private property between there and the trails.  Frank Smith is the private property owner and he has expressed an interest in opening something for the trail.  There are other private landowners.  The county has seized the old county right of way as a county road.  It has been an open road for many years.


People need to have some ways to get around.  We need to provide alternatives for the ATV=s to get around.  People not only want to get to the mountains they want access to the beach.  We need to have brochures and signage with rules to make sure that they know where the accesses are.  We need to make sure that they don=t go on the bike path.  It will take some time for the education process.


Ms. Laura Rielley asked about the access through the Harbor Village area.  Council Member Wride said that it is not a legal access to the forest area.  Mr. Grey said that the Forest Service does not recognize that as a legal access to the forest and the town should not recognize that as an access.   Because of the habitat that has been a protected area.


Council Member Leonhardt said that he is in support of the ATV=s but in the past discussions we have talked about the law enforcement of the ATV=s in town.  Mr. Grey said that it is a significant law enforcement challenge.  It can=t be the primary focus of the State Park=s because of the nature of their business.  They will do what they can but they can=t say that the bike path will be their primary focus.  They haven=t had any conversations with the local Sheriff=s office.  They want to make sure what we want to accomplish then they will take the steps with the Sheriff=s office.




Mayor Hansen read the letter from Mr. Tony Martineau, the Town Attorney, regarding the agreement with the state and the non-filtration testing.  The letter stated that the State Drinking Water Board didn=t adopt the filter avoidance rule because they felt that it would be too difficult to administer.  They didn=t give that option to anyone because they felt that it was too hard to administer.  They let this community spend $200,000 because they didn=t want to administer this rule.  An audience member asked if the town has a right or recourse against the state.  We did what we thought was right but we didn=t have to spend the money just because they didn=t want to administer the rule.  Mayor Hansen asked DEQ if they were more restrictive than the EPA and they told him and Ms. Loraine Pace Ano@.  They let us spend the money because they didn=t want to administer the rule.


Mayor Hansen said that he is going to write a letter to the new governor and let him know what has happened with the whole project.


Mayor Hansen said that he has read the agreement.  Council Member Wride said that the first page #5 discusses the watershed area but they haven=t defined the watershed area.  We can=t keep people out of the watershed area.  Mayor Hansen said that it is all a part of the process, we will be testing and also doing a watershed testing.  We then need to hire the company to come in and do the watershed analysis that will be turned into the state. 


This agreement gives us almost 2 years to bring a treatment plant on line if we fail the testing. 

Council Member Stringham asked if we can set up the meter to read at a specific time.  Mayor Hansen said that the meter will run continuously.  The turbidity meters are ordered and we should receive them in about a week.  Mr. Andersen will maintain the meters and watch the testing.  The meters will be under continuous monitoring and we will need a generator for back up.


Council Member Wride suggested that we set up an alarm that will go off somewhere else so we will know if the power goes out.  Mr. Lance Bourne, from Utah Power, said that he would like a letter from Garden City to Utah Power stating the importance of the power line to the meters.  He would present the letter to his boss.  He said that they may need to upgrade that line.


Mayor Hansen explained that we need to start working on the storage tank.  It will reflect better with the EPA that we are working on that.


Once this agreement is signed the testing will need to be started.


Council Member Leonhardt made the motion to sign the Bilateral Compliance Agreement and move forward with the testing.  Council Member Stringham seconded the motion.  All in favor and the motion carried.




Ordinance #04-12, An Ordinance Providing for Architectural Standards for Commercial Zones and Public Use Structures within other Zones.


Council Member Stringham said that 11-502 limits the vinyl and stucco siding to 50% of the structure.  He feels that is too restrictive and wants the 50% limitation only to the front of the structure.  The other three sides should have no limitation.  Council Member Wride said the committee recommended that it be the entire structure and she stands by their suggestion.


Council Member Stringham said that any large building wont be able to meet the 4-12 pitch requirement.  Council Member Wride said that the Council can make an amendment for the larger structures. 


Council Member Stringham also was concerned with the wording for the metal roofing and the restriction of the chain link fencing.  We have chain link around our town properties and we should follow our own standards.  Also, the chain link fence should to be considered for security. 

Council Member Leonhardt said that we should do some things to beautify our town but as he listened to Council Member Stringham there are some things that we need to look at before we pass this ordinance.  We are doing this for new buildings but we have town buildings and fencing and we should set the example of how we want our town to look.  We need to come to a happy medium.  We should go back to the drawing board to make sure it is what we want.  The committee has done a lot of work but we need to make sure that what we are approving is really what we want.  Council Member Wride said that the committee did what they were asked to do and put together what they felt was the best ordinance.  If we don=t feel good about it we need to tweak it and get it the best that we can but we can=t go on indefinitely.


Mayor Hansen is concerned with the no snow and no ice run off requirement for the roof.   The committee said that they were concerned about the safety where the run off comes down in sheets. 


Council Member Wride said that they looked at a lot of different towns and their requirements.  They didn=t like their requirements so the committee took some pictures and went from them.  They are looking to raise the quality of new construction in the area and have a better-looking community.


Council Member Leonhardt=s concern is to make sure that it is as good as it can be so that we don=t have to go back and change it every month.  There are some very valid concerns that were brought up tonight.


The committee did not want chain link fence for new structures.  Mr. Lance Bourne said that if there is a security issue they may be able to allow the chain link around the back and have the vinyl in the front where it is visible.  Mr. Bourne said that we need to work together but we need to raise the bar and raise the look of the town.  We should just clarify a few of the requirements. 


Council Member Wride said that they do need more input to make the ordinance the best that it can be.  We do want to do it right.


We will send it back to the Planning & Zoning Commission one more time.  They should address the following concerns:

1.                  the vinyl or stucco siding

2.                  the T111 siding

3.                   the metal roofing should have a tile look

4.                  address the flat roof for larger buildings

5.                  consider the chain link fence

6.                  look at the whole building vs. the front of the building to be regulated, depending on what side of the building is really exposed and in view.  Council Member Wride said that is an issue because if you have a new structure where there are no buildings around, all the sides will be exposed.  The council said that the Planning & Zoning Commission will need to look at that issue.


Once this ordinance is approved we will be telling people what they must do with their structures.


Council Member Wride asked for suggestions early enough so that it will be ready to go to Planning & Zoning and to a public hearing before Town Council in December


Ordinance #04-13, Signs


Mr. Erickson explained that took this from the International Zoning Code.  We won=t go out and look for violations to this ordinance, we will wait until someone complains.  This ordinance just gives us the enforcement. 


Mayor Hansen said that signage is more than just advertising, it can be aesthetically pleasing if it is done right.  Council Member Wride said that the main thing that she doesn=t like is the signs on vacant property. There are real estate signs on property that are not even for sale or multiple signs on one piece of property. 


Mayor Hansen said that the portable signs are bad and they don=t look like what we are trying to do with the standards.  There is no place for those type of signs with our standards. 


Council Member Leonhardt said that we have a great chamber of commerce with a lot of business people and we should get them involved.  Mr. Erickson said that he has invited them all to help with this ordinance and nobody wanted to help. 


The Council suggested that we pass this out during the next Chamber meeting.


AUDIT, FISCAL YEAR JULY 1, 2003 - JUNE 30, 2004, Gary Teuscher, CPA


Mr. Teuscher explained that there are a few changes in the audit this year because of the GASB 34 requirement.  He is not pushing the management discussion and analysis on any of his clients because it is so time consuming, but we should look at it for next year.


Mr. Teuscher went over each section of the audit and explained the new format.  He said that Garden City looks good financially.


Council Member Leonhardt made the motion to accept the audit for the fiscal year July 1, 2003 through June 30, 2004.  Council Member Wride seconded the motion.  All in favor and the motion carried.




Mayor Hansen discussed the impact fee study and also the rate structure that was compiled by Sunrise Engineering.  He asked the Council to go over it very carefully so we are ready to discuss it better during the next months meeting.




Transportation Master Plan with UDOT


We need to invite 30 people to the meeting in January.  They will also help with preparing the Transportation Master Plan.


The National Scenic Byway Grant


We received verification that we were not approved for the Byway Grant that was submitted in September of 2003.  We will attend the next meeting and discuss plans for a new grant.




Mr. Erickson passed out his report. He said that we are still getting more building permit applications.  All the permits since July are still open. 


Mr. Erickson gave the Council an update on the water tank for Elk=s Ridge.  He met with the engineers, Mr. Troy Petersen and Mr. Frank Smith.  Mr. Jason Linford, our Town Engineer, knows that they updated the plans to the 2003 codes, which requires more steel in the tank.  They will have a special inspector and we will also inspect the tank but our engineer should do the final inspection because we will take over the tank at some point.  We will add that cost onto the building permit fees so it will be paid for by the developer.


The floor and the walls should be finished before winter.  Mr. Smith is planning to start the water lines, if the weather holds up, so they can work throughout the winter.


We are working on the extension for the letter of credit.  It should be completed before the end of December. 


Mr. Smith is also working on mapping out the roads.  Mr. Andersen should be involved in the water lines and the inspections, and Mr. Dave Stringham should be involved with the sewer line inspections.


Mr. Erickson said that he is still looking at a program that would track the properties and create a record of what has happened on that property in the past.  He is also interested in the GPS programs.  It would be nice to have a GPS locator to help with elevations for snow loads, etc.  Without the elevation they can=t calculate the snow loads.  We can give them the calculations but we can=t give them the elevations.


Mr. Nielson will be leaving after the first of the year.  The Ivy Group is starting a big project in Logan that he will be working on.  He will still come up and help us if we need something but that will only be on an as needed basis.  He is also planning on going on a mission soon. 




Council Member Leonhardt is working on getting a Chairman for Raspberry Days.


Council Member Wride reported that Kimball Lane is paved.  The county will continue to plow Kimball Lane because they will be out there anyway.  Anytime we do improvements on a road that connects to a state highway we need to allow 2 months for the UDOT approval permit process.


Mayor Hansen suggested that this spring we look at all our roads and strip them so they look like real roads.


We need to write a letter to Brian Burr thanking him for his donation to Kimball Lane.  Council Member Wride will review all the bills for Kimball Lane then she will forward them to the HOA. 

Council Member Stringham said that we need to replace him.  He will give us a letter of resignation so they can make the change during the next meeting.  The clerks will post the position. 




Public Hearing, October 14, 2004


Council Member Leonhardt made the motion to accept the minutes of the public hearing held on October 14, 2004 as presented.  Council Member Stringham seconded the motion.  All in favor and the motion carried.


Town Council Meeting, October 14, 2004


Council Member Leonhardt made the motion to approve the minutes of the Town Council Meeting held on October 14, 2004 as presented.  Council Member Wride seconded the motion.  All in favor and the motion carried.




Council Member Stringham made the motion to approve the payment vouchers as presented.  Council Member Wride 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 10:25.







Kenneth Hansen, Mayor








Town Clerk