Meeting Minutes October 2006






The Garden City Town Council held their regularly scheduled meeting on Thursday, October 12, 2006 at the Garden City Office, located at 145 W. Center, Garden City, Utah.  Mayor Hansen opened the meeting at 5:00 p.m.


Board Members Present:


Kenneth Hansen, Mayor

Elizabeth Seiler

Margaret Satterthwaite

Brian House


Others Present:


Kathy Hislop

Dale Brower

Ted Wilson

Mark Hislop

Richard Kearl

Mitch Rabenstein

Anita Weston

Dennis Bullock

Frank Smith

Jason Welch

Jared Seamons


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




Minutes of the Town Council meeting held on September 14, 2006.


The minutes were read and reviewed by the Council. The Council Members made corrections to the minutes that will be changed before being signed and filed.


Council Member Satterthwaite moved to approve the minutes of the Town Council Meeting held on September 14, 2006 with the corrections.  Council Member House seconded the motion.  All in favor and the motion carried.


Minutes of the Special Town Council Meeting held on October 4, 2006.


There was not a quorum present during this meeting so the minutes were approved by the two Council Members that attended the meeting.


Council Member House made the motion to approve the minutes of the Special Town Council Meeting held on October 4, 2006 as prepared.  Council Member Seiler seconded the motion.  Council Member Satterthwaite, abstained; Council Member House, for; Council Member Seiler, for; Mayor Hansen, abstained.  Motion died for lack of voting quorum.




Bear Lake Storage, Dale Brower


Mr. Brower said that he is the new owner of the storage units at approximately 300 west and 200 north. 


Council Member Satterthwaite moved to approve the business license for Bear Lake Storage.  Council Member House seconded the motion.  Mr. Brower said that he is familiar with the conditions of the Conditional Use Permit.  All in favor and the motion carried.


Richard E. Kearl, Ins./Farm Bureau Financial Services, Richard Kearl


Mr. Kearl said that he works out of Logan but would like to work in Garden City a couple days a week.  He will be working out of the Northern Title building.  Has a large clientele in Logan and he would like to move it to Rich County.  He will be selling auto, home and health insurance and investments.  He is fully licensed in the State of Utah for this type of service.


Council Member Satterthwaite moved to approve the business license for Farm Bureau Financial Services upon Mr. Kearl furnishing his state license number.  Mayor Hansen asked to amend the motion to add that Mr. Kearl needs to get a letter from Northern Title or a copy of the lease stating that he is okay to do business in that building.  Council Member Seiler seconded the motion.  All in favor and the motion carried.


Mitch=s Grille, Mitch Rabenstein


Mr. Rabenstein said that he is requesting a business license for a restaurant in the Harbor Village Lighthouse building.  Mr. Rabenstein said that everything he makes will be from scratch.  He also has a catering business in Layton and would like to do catering here also.  He does some dutch oven dinners. 


Because the restaurant that was previously in that building had a catering operation and was approved for a restaurant with a Conditional Use Permit Mr. Rabenstein will fall under the same requirements of the old Conditional Use Permit. 

Mr. Rabenstein said that he has contacted Bear River Health Department and that location is current with them so he probably won=t need a health inspection.  Mr. Rabenstein has the food management certificate.  He will not sell beer, wine or alcohol. 


Council Member Satterthwaite moved to approve the business license for Mitch=s Grill conditioned upon them providing the letter for the file, from Mr. Frank Smith stating that Mr. Rabenstine can conduct business in that building.  Council Member House seconded the motion.  All in favor and the motion carried.


Rich Land Title Company, James Hickman


Mr. Hickman is not here at this time.  The Council agreed to revisit this agenda item if Mr. Hickman comes later.




Storage Units, 2273 S. Kimball Lane, John Post


Mr. Mark Hislop is representing Mr. Post.  Mr. Hislop explained that the property has been re-zoned and encumbered and Mr. Post wants to build more storage sheds on the property.  Mr. Post has an architect working through the design right now.  They are not sure how many units that will fit on the property.  That will be determined by the design.


Council Member House said that the property is zoned commercial and so it falls under the architectural standards.


Council Member Seiler asked about access to lot 4.  Mr. Hislop said that is not part of this request, Mr. Post doesn=t have anything to do with lot 4.  There is an easement to that lot, which is designated on the subdivision plat.  Mayor Hansen said that the parcel in question does not land lock lot 4 which is the back property.  The subdivision plat indicates that there is a structure across the easement, which will have to be removed because it is a right-of-way easement. 


Mr. Hislop said that he will come back with drawings for the building and the landscape plans.  Mr. Hilsop said that he is requesting approval for the Conditional Use Permit based on them meeting the architectural standards and the zoning requirements.  The Council discussed the inside storage and requested that there be no outside storage. 


Council Member Seiler asked about the letters from adjacent property owners who were concerned about the condition of that property.  Mayor Hansen said that he is not apposed to the project but he would be if there is well drilling equipment parked outside.  Mayor Hansen asked if they made the motion to accept this with the stipulation that there is no outside storage, would that be a problem.  Mr. Hislop said that he can=t answer that because the purpose of this is that there has to be a right of way for people to get in and out of their units and if there is not the right of way there and people can=t get in their unit then there will be a problem.  But there probable will be equipment parked on the property.  There is already equipment parked on the property and how can you tell someone that is renting a unit that they can=t park a truck on the property?  Mayor Hansen said that a storage unit is not a repair shop.  He said that he is concerned that we may end up with another automotive repair yard with equipment or broken down equipment parked outside for months at a time.  When the storage sheds were built they were supposed to be storage sheds.  They need to be a storage shed and not be doing business out of them.  Mayor Hansen said that he has a problem with people doing business out of the existing building.   There is one business that is doing business out of their unit with a current business license and Lutz Construction was in the building prior to it being annexed into the Town limits.


Mr. Hislop said that they are planning on doing landscaping in the front of the building.  They will have to come back to the Planning & Zoning with their building plans and landscaping.


Mayor Hansen said that Mr. Hislop needs to be very firm with Mr. Post on cleaning up the yard.  There are a lot of people that are concerned with the mess. 


Council Member Seiler said that because it borders property that is zoned recreation residential it would have to have a fence between the commercial and the residential.  All those requirements would have to go to the Planning & Zoning Commission for their architectural review.


Council Member Satterthwaite moved to approve the Conditional Use Permit for the storage units located at 2273 S. Kimball Lane for Mr. John Post, with the information regarding the concerns of the Town Council about the outside storage getting back to the Planning & Zoning Commission.  Council Member House second the motion as long as there is not outside storage.  All in favor and the motion carried.




Ordinance #06-25, An Ordinance to Update the Requirements to Obtain a Retail Beer License in the Town of Garden City     


The only change in the ordinance from the last time this was discussed was the part about requiring  the applicant to bring in their own Back Ground Check with the application.  The Council made one typographical error change to the ordinance.


Council Member House made the motion to accept Ordinance #06-25 as amended.  Council Member Satterthwaite seconded the motion.  All in favor and the motion carried.


Ordinance #06-31, An Ordinance Authorizing the Town Council to Appoint Boards Commissions, or Committees to Aid the Council in its Duties to Further the Governing Works of the Town.


Council Member Seiler asked if we want to limit this to the citizens in the Town.  Council Member Satterthwaite said that they discussed that during the seminar hosted by the Utah League of Cities and Towns and they said that it may not hurt to have some outside influences.  Mayor Hansen said that it broadens the pool and gives us more opportunity.


Council Member Satterthwaite explained the Legislative Committees and how that is conducted.  

Council Member House made the motion to accept Ordinance #06-31 with the amendment to the ordinance.  Council Member Seiler seconded the motion.  All in favor and the motion carried.


Ordinance #06-33, An Ordinance Providing for the Dedication of Water for the Purpose of Development.


This ordinance provides a blue print on how we acquire water rights.  It sets the procedure and the table of how we calculate the transfer of water rights.


Mr. Frank Smith said that in the past having larger lots was better but if it means that it would take more water to handle the larger lots then there is not an advantage.  Mayor Hansen said that all those things would be taken into consideration and sent to the Town Engineer and he would make a recommendation to the Town Council.  The state has a formula and they set the criteria for the calculations.


Council Member Satterthwaite said that the ordinance states that there is a limited amount of water but also that the present culinary water supply and facilities appear adequate to meet the future needs of the Town.  She said that she thinks both those statements are true if we are talking strictly water supply and as long as it=s not construed that we have the right to the supply.  To her it appears that the ordinance states that we have plenty of water but we are also requiring the developers to provide more water.  That part of the ordinance needs to be worked on.  It just needs to be explained that we don=t own all the rights to the supply and that it is adequate it just needs to be transferred in.  This was clarified in the ordinance.


Council Member Satterthwaite read from the ordinance where it states that it is necessary that all developers exchange water rights to the Town in order to be serviced by the water, but we also said that if they didn=t have the water rights to exchange in the alternative they could pay for additional water rights and the cost would be set by the Town Engineer.  This was clarified in the ordinance.


Mr. Smith said that if the development provides more storage then isn=t there more water available to the Town than what they can actually use?  Mayor Hansen said that it will determine on what the state will require for a residential home.


Council Member Satterthwaite discussed #H and the Town incurring the costs for this process.  She said that we should be able to get a cost estimate from the different entities for what this process should cost and set those costs in a resolution to be incurred by the developer not the Town. 


This ordinance is ready to send to a public hearing prior to the next Town Council Meeting.


Request by George Preston, the Rich County Attorney, to approve the recently passed Rich County Ordinance which regulates refuse disposal


Mayor Hansen said that the Building Inspectors have some major concerns with this ordinance.  Mr. Ralph Cannon has discussed this with the County Commissioners and they are intent on not issuing any building permits until a person has a dumpster onsite.  A concern with this is that the contractor really doesn=t need one until after they start framing.  Another concern is getting the dumpsters on a side hill especially during the bad weather.  The Commissioners are also requiring it even if a person has the ability to take care of their garbage material.  There are issues that need to be worked out.


Ms. Anita Weston said that there is a real problem with people filling the dumpsters with building material.  Mayor Hansen said that he agrees but this ordinance may not alleviate the problem because there are so many people without a building permit, just remodels, that won=t be under the same requirements.  They are required to get a building permit but they don=t.  Mr. Cannon said that he will have a real hard time enforcing this ordinance.  Council Member Satterthwaite said that the County Commissioners are requiring more than what they are willing to do because the County Commissioners will not allow a garbage truck on the hill but they are requiring the builders to get a dumpster on the hill.  They are not treating people the same.


Mr. Ted Wilson said that the construction garbage is a real problem even in Bridgerland, and he feels this requirement will help.


Mayor Hansen said that the garbage that blows around gets in the canal and it creates a real problem.  This problem needs to be remedied but he is not sure how to correct it in a fair way. 


The ordinance has already been passed in the County and they want us to adopt a resolution to approve it in the Town limits.


Mayor Hansen suggested that he write a list of the concerns discussed by the Town Council and send the letter to the Commissioners.  The Council agreed because the concerns are valid and we need to pass them back to the Commissioners.


JULY 1, 2005 - JUNE 30, 2006 AUDIT REVIEW AND APPROVAL, Gary Teuscher


Mr. Teuscher is not ready with the Audit for tonight=s meeting.




Mr. Ted Wilson explained that in 1982 he contracted with Garden City for 180 GPS through a master meter to the Garden City water supply.  He would like a commitment from Garden City to connect.  He ran a 4" transmission line to the highway and he is requesting the Town bring their line to it and connect it.  It is a transmission line that goes into the tanks.  This amount of water will fill the tanks and service all of Bridgerland.


Mr. Wilson said that a requirement of the contract was that he would connect when he hits a certain number of buildings in Bridgerland and he will be there within a couple of years.


Mayor Hansen asked how we would bill Mr. Wilson for the water.  Mr. Wilson said that the contract states that he will be billed 5 cents per 1,000 gallons based on an inflationary rate.  He suggested that we contact another utility company and see what their rates were in 1982 and see what their rates are now and calculate out their inflation.


Mr. Wilson said that he has been making payments on 1/3 of the contract price and when he connects he has to pay the second third and then when he is using 80% of the amount allocated  he has to pay the remaining third.


Mayor Hansen explained that when we improved the system there were 2 bonds, one for all of the users to pay back and one for the developers and Mr. Wilson has been paying the developers bond.


We will give Mr. Jason Linford a copy of the contract and he will give us a recommendation on how we should do the billing.  We will pass along Mr. Wilson=s recommendation for billing based on the inflation. 


Mr. Wilson said that we need to extend the line to him.  The contract says that we will deliver it south of the gravel pit so it needs to go about 1200' longer.  Mayor Hansen said that the gravel pit it refers to is the LeGrand Johnson pit which is on 200 north.  Mr. Wilson said that the water lines need to be brought to his development by the Town.  He suggested that we offer Mr. Jeff White some connections and go on his side of the fence, which is on the west side of the highway.  That would be to Mr. White=s advantage to have the water line on his side of the road.


Mayor Hansen asked for approval from the Council for him to talk to Mr. White and get his approval to run the line on his property.  The Council agreed that Mayor Hansen should work with Mr. White.


Mayor Hansen said that we also need to discuss who will run the line to whom.  Mr. Wilson said that he wants a 4" hook up.  Mayor Hansen said that we want a larger line there that will be better for other connections in other developments.  If the Town extends the line it will eventually service other developments.


Mayor Hansen will talk to Jeff White and he will get back with Mr. Wilson to discuss the issues and getting the water to Mr. Wilson by next year.




Commission Member Smith said that this request is pursuant to Garden City Ordinance #06-31, which gives the Town Council the authority to establish committees.  The recommendation from the Planning & Zoning Commission is to set up a committee to work on moderate housing.  The Planning & Zoning Commission has discussed this a lot and if they set up a committee they can work on the issues like acquire property that can be used for affordable housing and look into mixed uses, etc. 


Council Member Satterthwaite said that she has researched this on line and State Code does give powers and duties that we can set up committees to do this.  It is a lengthy procedure but we would have to go through that process to get any federal dollars.


Commission Member Smith said that we want to have a committee that will explore all the possibilities for affordable housing, i.e. private sector, federal funds, state participation, etc.


Commission Member Seamons said that he has talked to the Housing Authority in Salt Lake and they are willing to support us and help us with our needs, knowing that we are really wanting to pursue this idea. 


The Planning & Zoning Commission is asking for assistance in creating a committee that can pursue and delegate.  Mayor Hansen asked if they are far enough in the process to target properties for moderate housing.  Property costs are extremely high in Garden City.  Commission Member Seamons said that when he talked to the Housing Authority there are a lot of ways to work with property owners and buyers.


The Planning & Zoning Commission is looking for the Councils support.  Mayor Hansen said that according to State Code we are under obligation to do this.  Council Member Satterthwaite said that clearly we need to have affordable housing zones.  The committee can be appointed under the direction of the Mayor and ratified by the Council.   All approvals would have to come back to the Council. 


There is clearly a need for this type of housing.  Mayor Hansen said that he is in support of this and suggested that we have an authority to come and talk with us and help give suggestions on how to set up the committee.  We should have them attend the 3rd Wednesday meeting. 


Mr. Seamons said they want to get the committee formed to answer all these questions.


Mayor Hansen suggested that we work with Laketown and also involve them in the committee.


Council Member Seiler suggested that we get letters from the people that are interested and have Mayor Hansen review the letters and make recommendations for the committee.  Mayor Hansen said that there are enough full time residents and we should include Laketown and the surrounding area so we can draw from a larger group of people.  He would like to talk to the people that are interested.


If we include this in the 3rd Wednesday night we can get ideas from a lot of different people.  We also need to include Mr. Bob Wood because he has already started working on an affordable housing development.


The Council agreed that they will support the Planning & Zoning Commission with this request.




Commission Member Seamons said that this issue was discussed during the Planning & Zoning meeting.  They feel that we continue to go through the ordinances and update them but we need professional help at this point to get them more in order.  Also, the Chamber is bringing several groups together to discuss these type of issues.  They would like to come to the 3rd Wednesday meeting in November to explore funding opportunities for the Town for different areas such as roads, sidewalks, the General Plan etc.  This particular item could be included in that discussion. 


Commission Member Smith said that to hire a professional would help us close up many loop holes in our Ordinances and the General Plan so we can catch everything.  He feels that we should look into hiring a professional and it doesn=t need to be full time.  A lawyer doesn=t have the experience in the verbiage area.  There are people experienced in going over the ordinance to improve areas and help capture the intent of the ordinance.


Commission Member Seamons said that his intent is to get to a point that we feel comfortable enough and that we have the loop holes covered.  He feels that they need support so they feel like they are moving in the right direction. 


The Council discussed options for finding these type of issues.


Mayor Hansen said that he would support a professional but we need to find a way to fund it.  If we can fund it then fine.  Council Member Seiler said that we have to do our part, we have to do the General Plan because we know what we want.


This will also be discussed during the 3rd Wednesday meeting in November.




Mayor Hansen showed the plat for Little Switzerland and the issue of the subdivision layout not matching the survey.  He explained that Mr Linford, Mr. Jeff Hansen and himself will work with the property owners in that area to resolve the property line issues.  Also, we are still working on the easement problem on the road up to Swan Spring.



Mayor Hansen and Mr. Travis Hobbs went to a presentation for a GPS Trimble unit, which does everything and downloads it to the ArcView program.  It is accurate to less than a foot.    Mayor Hansen reviewed the bid for all the equipment and what we need to get started.  The bid is for approximately $8,000, which includes onsite training.  Mayor Hansen contacted Mr. Bryce Nielson to see if it will fit the Homeland Security and he felt like it would.  He said that we would have to pay the bill and Mr. Nielson would reimburse us for the unit.  This unit is compatable with what the county has.


Mayor Hansen will make sure this will work with Mr. Nielson, but we should get it even if he will not pay for it. We should include the Fire District and the Bear Lake Special Service District.




Library and New Town Hall Designs.


We still need to discuss what offices and entities we want to house in the building.  We should have an idea to bring to the next Wednesday meeting.  Council Member Satterthwaite said that we need to bid the design out.


Community Christmas party


The Council agreed that the Community Christmas Party will be held the first part of December on a Saturday.  We will try to get the same Santa that we have used in prior years.


Town party


The Town Christmas party for Board Members and Employees will be held on December 7th or 13th.  Council Member Seiler and Council Member Satterthwaite will try the new restaurant in Town to determine if we want to go there or to the Bear Trapper.  We will make the invitations when we determine the place.




Council Member Seiler said that she followed up on the top soil from 3rd west and what they moved was the excavated dirt.  Mayor Hansen said that Mr. Bill Shupe said that he would take the top soil in exchange for the pit run.  Council Member Seiler also talked with Thomas Excavation for the same exchange.  3rd west looks good.


Mayor Hansen said that he talked with Mr. Dennis Bullock about phase I of Lockwood Subdivision and they have the permit for their left had turn lane.  The cost is lower than Mayor Hansen thought it would be and if we can get our plan ready and funding by next spring then it may even be cheaper if we do our turn lane at the same time.

Council Member Seiler said that she is working with the property owners along Bear Lake Blvd on the sidewalks.   


Council Member Seiler said that she has a concern about Cook Concrete who hasn=t complied with the requirements of their business license.  She suggested that we hold the business license when the renewal comes up.  Mayor Hansen said that he will talk to them and put them on notice.  Also, he will talk with Nate Parry across the street to let him know that they are also in violation.  If they don=t take care of the issues then we will pull their license.


Council Member Seiler asked if we could charge Lutz Construction the extra amount for the replaced sidewalk because of the large trucks that go over the driveway there.  They should be resposible for anything over the 4" of concrete.


Council Member Seiler asked about Funtime Rental and the parking issues with them parking across the bike path.   We should send them a letter telling them that they are in violation and they need to come to the next Town Council meeting for a resolution.


Sand & Salt Shed.


Mr. Travis Hobbs needs a shed for the sand and salt that he will use during the snow plowing season.  This is a state requirement.  He figures that it will cost between $3,000 - $4,000 for a sand and salt shed.  He will cover it with a tarp.  There is money in the budget for this so he can go ahead and build the shed.


The survey is coming in on Hodges Canyon Road.  Council Member Seiler has put calls out for the local people for the removal of the trees.  The Council discussed how they will dispose of the trees once they are cut down.  They could chop them up and haul them off or they could burn them.


Council Member Satterthwaite said that she received a call from Ms. Phyllis Telford about the thistle that is growing on Town property.  The seeds blow onto her yard and she would like to know what can be done to help it.  We do have a county weed control person that could take care of that for us.  He would charge us but we need to take care of the issue.  Mayor Hansen said that we need to cut the branches off the pine tree and prune the bush back that hang over the sidewalk in that area.  We will need to spray the weeds next spring.


Council Member Satterthwaite said that she picked up a couple of new books at the conference and she wants to make them part of the library for the Council.  She feels every Council Member should read the books. 


Council Member Satterthwaite asked about what we are going to do with the Building Inspectors, are we going to sever our ties with the county?  Mayor Hansen stated that they are not fully trained and he is not sure that we can do that at this point.  It will depend a little bit on what the county will want to do.  We should get them both fully certified so they can stand alone.

Council Member Satterthwaite said that the new water policy deals with the water issues and the agreements that we cut with developers.  She asked if we should be encouraging developers, that are below the canal, to develop their own irrigation needs.  The council agreed that we should encourage that. When the engineer gets their development for review he can work with the developer to make arrangements and considerations.


Council Member Satterthwaite said that in the minutes we state that we will create a Land Use Appeals Authority.  Mayor Hansen said that he has given some thought to who to get for the 3 people.  Council Member Satterthwaite said that she looked to see what other communities are doing and for the most part they are creating a separate Board.  Some Towns are using a professional planner that will handle the appeals.  That would be handled by contract.  Mayor Hansen will continue to work on the 3 people for this Board.


Council Member House said that the Planning & Zoning Commission is moving forward with their efforts and doing a good job.


Mayor Hansen said that he appreciates the good things that the Council is doing and their efforts.


Mayor Hansen said that because of the smoke in the air they haven=t been able to do the aerials so they are waiting for a very clear day and for the leaves to fall from the trees.  It may have been done by now.


We should invite Mr. Frank Smith back to the next Town Council meeting to talk to him about phase I of Elk=s Ridge and getting it finished.


We did receive an answer from the County Attorneys office on the use of the Town Hall for religious groups.  Council Member Satterthwaite said that we need an ordinance that would govern the use of the building, the park, and any equipment, etc.  She said that she is working on an ordinance that deals with the Council Members authority on their duties and also sets the parameters.




The Council Members reviewed the payment vouchers and signed the checks and payment vouchers.


Council Member Satterthwaite moved to approve the payment vouchers as prepared.  Council Member House seconded the motion.  All in favor and the motion carried.




There being no further business to be discussed, Council Member House made the motion to adjourn the Town Council meeting at 9:05 p.m.  Council Member Seiler seconded the motion.  All in favor and the motion carried.










Kenneth Hansen, Mayor










Town Clerk