Meeting Minutes October 2007






The Garden City Town Council held their regular Town Council meeting on October 11, 2007 at the Garden City Office, located at 145 W. Center (Logan Road).  Mayor Hansen opened the meeting at 5:00 p.m.



Roll call of  Council Members Present:                    


Kenneth Hansen, Mayor

Mike Leonhardt

Brian House

Laraine Schnetzer


Others Present:


Kathy Hislop   

Anita Weston

John Abraham

Jason Linford

Loretta Fidler

Karen Lambert

Bess Huefner

Mike DeBloois

John Alter

Gerald Hunsicker

Brenda Terry

Dennis Bullock

Bobbie Coray  

Chris Coray

Richard Bodrero


Lana Hodges

Larry Hodges

Iris Cook

Gene Cook

John Spuhler

Ted Wilson

Brandon Cook

Frank Smith

Merlin Goeckeritz

Jackie Meads

Scott Gough

Nate Parry

Sabrina Smith

Curtis Moldenhauer

Troy Petersen


Mayor Hansen explained that Council Member Leonhardt will be about 15 minutes late for this meeting.




Mayor Hansen explained that we have received applications from Lana Hodges, Bessie Huefner, Gerald Hunsicker and Jacquelyn Meads.  He stated that because the pending election is less than one month away he would hate for it to appear to give someone an unfair advantage to the position on the Council.  He suggested that the Council delay appointing anyone to the position until after the election. 


Council Member Schnetzer made the motion to hold off until after the election to assign someone to fill the empty position that Elizabeth left.  Council Member House seconded the motion but asked if the person that will be fill the position will only be until December, it was stated that is correct.  All in favor and the motion carries.


Ms. Lana Hodges asked if there would be a special meeting to make the appointment.  Mayor Hansen explained that it will be done during the next Town Council meeting.




Minutes of the Public hearing held on September 13, 2007


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


Minutes of the Town Council meeting held on September 13, 2007


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




Mr. John Abraham explained that it was a slow month, basically there were 3 permits issued.  Mayor Hansen explained that we really need to review the valuation for item #70.  He stated that it looks really low so we need to revisit that application and contact the property owner.




Mr. Jason Linford explained that we have finally contacted all the property owners in the Swan Creek subdivision.  They have all given the verbal agreement that they will sign the plat for the Petersen Subdivision.  Mr. Linford will address all the concerns and get the plat to the County for their final approval.  Mr. Linford feels confident that the issues on the Petersen Subdivision have been taken care of and should be approved by the County Planning & Zoning Commission.


Mr. Linford explained that starting construction on the treatment plant this fall would be virtually impossible.  He suggested that we have a pre-bid tour in November and then do the bid opening in January to start construction the first of next spring.  That will also give us time to make sure that we are still in line with our funding.


Mr. Linford said that we have talked about a test well to supliment our system.  We had a hydrologist come and look at the system and we will try to do the well by the Pickleville tank.  That way we won=t have to purchase property for the test well.  The transmission line will be there to feed into the system.  They feel that would be the best place to drill the new test well.


Mr. Linford asked about having the developers incorporating 300 west as they develop.  He has been asked by a few developers if the route can be moved a little for their development.  Mayor Hansen said that he should work with the Transportation Board and they can make the recommendations to the Town Council.


Mr. Linford said that Pall may request some warehouse storage fees for the equipment that they have stored for us.  We will make that determination if they make a written request.  


Council Member House said that we need to adjust the water schedule to include the marina and campgrounds on the ERU schedule.  Mr. Linford will look at that.




Mr. Wilson explained that he is not ready for the extension to Bridgerland this year, it will be late next year before he is ready.  He explained that in utilizing the water in the way that it is planned really has no benefit to Garden City.  He said that he has an idea that would have a really good benefit to the Town and to Bridgerland Village.  He explained that with the tank going up on the hill in the Shundahai Development will be just a few feet from his property line.  He said that tank will be at an elevation of 6800 ft. and his tank is at 6850 ft.  He proposes that he connect where the line comes past his well, which would save Garden City running the line up the highway until it is needed.  He said that if he connects to the line going to the Shundahai tank he could pump directly into his tank.  He could pump from Payne Spring to their tank, which will help if part of the system goes down.  He could also empty his tank into the Shundahai tank without pumping because of the additional elevation.


This plan will give the Town additional storage in the case of emergency.  It will save the Town having to running the line along the highway.  It will save him having to install a double pump station.  Mr. Wilson said that he is willing to pay his fees. 


Mr. Wilson said that he doesn=t have a dedicated line to his tank, it runs through his system. 



Mr. Wilson said that if Garden City takes over this part of the system it would all be integrated and it would save every one.  Mr. Wilson said that he would design the system. 


Mayor Hansen said that the Shundahai system is not operational yet and Garden City won=t take possession of it until it has been in operation for 1 year.  


Mr. Linford said that he would need to look at some preliminary drawings before he could say that it is feasible or not.  Mr. Wilson would need to provide a map of line sizes, elevation of the tanks and storage volume.


Council Member House said that he is fine with this plan if the Town Engineer signed off on it.

Mayor Hansen told Mr. Linford to work with Mr. Wilson and run the calculations to see what it would do.  Mr. Linford said that it sounds like a good idea and worth looking into.


Ms. Lana Hodges asked how it would work if they are on a bulk meter.  The bulk meter will be at Mr. Wilson=s point of connection at either place.


Mr. Hodges asked if there isn=t a regulation regarding re-selling water.  Mayor Hansen said that there maybe something in the ordinances that Mr. Wilson will have to comply with.  Mr. Wilson said that he has worked through this with the State and they know this hook up will be happening and they have no question regarding it. 




The Council Members agreed to revisit this issue if Mr. Bodrero comes later.




Ordinance #07-21, An Ordinance to update the requirements for motor vehicle accesses.


Mayor Hansen explained that this ordinance has been approved by the Planning & Zoning Commission and they held a Public Hearing.  The Planning & Zoning Commission made recommendations to the Council to delete d, e, and f.  Those items should be re-visited at a later date but they didn=t list a reason why.


Ms. Huefner explained the concerns of the Planning & Zoning Commission is that when the ordinance was originally drafted it was to address single properties and not subdivisions or planned unit developments.   She explained that we need to include subdivisions and PUD in the ordinance prior to making the changes.  On section F, the Planning & Zoning Commission didn=t like that they could have a pipe rail.  They were also concerned about the 4 ft maximum requirement because sometimes rocks are taller than 4 ft.



The Council agreed that we will have Mr. Linford look over the ordinance again and address the concerns of the Planning & Zoning Commission.


Discussion regarding concerns of Ordinance #07-33.


Mr. Scott Gough explained that there are concerns of a lot of the people in Town regarding the approval of Ordinance #07-33.  Most of the concerns are from the local contractors.  Mr. Gough read the letter/petition requesting that the Council overturn the decision of the ordinance.  The letter/petition is attached.


Mr. Gough explained that the people the ordinance affects are the owners of the home that are being built and the  contractors.  He said that there are contractors that have had to leave and go to other places to build because they won=t be able to get a building permit here.  This also affects the businesses in town.  He also said one of the biggest problems with the ordinance is that it affects the reputation of Bear Lake.


Mayor Hansen said that he appreciates what was read and the signatures that are on the petition.  He said that when he addressed the Planning & Zoning Commission during the last meeting he pledged that it would not be a long lasting thing.  There are a couple of issues that we really need to get a handle on.  During the meeting on October 18th we should have a draft ordinance regarding short term rentals and that would be the one concerning the homes of more than 4 bedrooms.  After that we should be able to take care of the short term rentals and once that ordinance is on the books that part of the moratorium can be lifted.


The subdivision ordinance is being expedited and worked on as fast as possible as well as the General Plan.  We are working on accumulating data for a good project.   


Everyone is welcome to come to the meeting on October18th and that will be where we establish the procedure and work this situation out.


Mayor Hansen said that we need to work through the moratorium and if we rescind it at this point it would really undermine our credibility.  We are working as fast as possible to get this done.  The moratorium has a limit of 6 months but can be lifted at anytime if we can get the issues worked through.


Mr. Gough said that the moratorium came at a bad time when the contractors are trying to get ready for winter.  They are ready to get projects started and pour the cement so they can work through the winter.


Mr. Gough said that he will take this information to the HBA so they are aware of the position of the Council.





Mayor Hansen called on Jared Seamons and presented him with a plaque in appreciation to him for the dedicated service and all he did for the community while he served on the Planning & Zoning Commission.  He was the Chairperson and he worked many, many hours for the community.




Mr. Bodrero said that he is just wondering what the progress is for 3rd west.  Mr. Frank Smith said that he has the same concern about 3rd west.  Mr. Linford explained that when the Governor visited here he indicated that he was going to help on the permitting of the projects on that road.  We are just waiting for the approvals from him.


Mayor Hansen explained that we have money allocated for that project we just need the state approval.  We are also collecting impact fees to help on the costs we just need to get the permit to proceed.


The traffic studies have been done and approved.  The earliest that we will be able to do anything will be next spring because it is too late in the year now.  We will do it in conjunction with Lockwood and they will start their turn lane in April.


The turn lane will go forward regardless of the financial participation of the State.  The asphalt will go on as the money is generated through impact fees.  The road is ready to be paved. 


The Council agreed that they are committed to finishing 3rd west.




Conditional Use Permit for a garage with a bunkhouse to be torn down and re-built.  This is in the beach development zone, Dale Brower


The Council reviewed the application and Mayor Hansen read the motion from the Planning & Zoning Commission.  They suggested that the CUP be approved.  The Town Attorney indicated that there were no problems with issuing the CUP.


Council Member House made the motion to accept the application that Dale & Denice Brower submitted for the removal and moving of their bunk house.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Mr. Brower stated that he wants to clarify that this request is for a second dwelling.  They will move the existing garage back on their lot and rebuild the home.  Council Member House said that they will have to meet the setbacks for each building.  Mr. Brower stated that he is aware of that and working with the Building Inspector.




Council Member House explained that the expansion plan for the marina is to double the size of what is there now.  The bid was 30 million dollars but the State says that they only have 15 million dollars for the project.  What they have come up with for the 15 million dollars is to move the existing dike 300 feet to the south and add 150 new boat slips.  They will also add extra day use parking. 


Council Member House said that they are not promoting this plan because it is just a bandaid and it will just compound the ingress and egress problem.




Mr. Gene Cook explained that they have a serious need for employee housing and would like to put two manufactured homes behind the Hometown Drive Inn.  He presented this plan to the Planning & Zoning Commission and they said that we don=t have an ordinance that would cover this type of request.  Mayor Hansen said that they would still need to meet the parking requirement for the business.  It=s zoned community commercial and single family dwellings are allowed in the community commercial. 


Mr. Cook said that he would like to put the homes on a flat slab.  Mayor Hansen said that the ordinance is pretty clear that they have to be on a permanent foundation, so if they want to do that he would need a variance. 


Mr. Cook asked about hook ups and if he can use the same connection from the Drive Inn so they wouldn=t have to pay for the connection to the additional houses.  Mr. Cook asked if he could just connect to the existing lines and not have to run it all the way to the street.  Mayor Hansen said that he would have to really look at that because the ordinance is very specific and there may be some real issues with that.  He said that he thought the ordinance is clear that every home would have to be on their own connection. We will look at that when he turns in the plans for the building permit. 


Mr. Merlin Goeckeritz said that parking is a huge issue during the summer.  He asked what would happen to the parking problems if Mr. Cook uses his property for these homes.  Mayor Hansen said that Mr. Cook will still have to meet the parking requirement for his business.  Mr. Brandon Cook said that the homes will be separate from the business and the parking will be adequate.  The building inspector will calculate that out with his building permit.


Discussion ensued regarding merchants getting together to build some type of housing for the seasonal employees.  Mayor Hansen said that Mr. Rick Fawcett may be able to offer some suggestions for these issues during the meeting on the 18th. 




Rich County Tourism Grant 2008


Ms. Bess Huefner indicated that there is a total of $18,000 available for these grants.  She is working on the grant to request $2500 for OHV brochures which will have a map of the trails.  She would like the brochures available by next spring so that they will be ready to go out when the Tourism Council starts sending out their packets. 


Ms. Huefner stated that she is not aware of any other Towns requesting money for this grant.


In the past there has been more money available.  Garden City has received approximately $20,000 for each of the past two years.  We will check and see where the difference is.


Mayor Hansen said that he would like to see us try for more money to finish the trailhead.  The design has been done and we are out to bid for the finish work.  We can use the full amount from the past two years and finish off the parking lot.  He would like to do a cost estimate for the rest of the funds and do it right.  Mayor Hansen said that we will know tomorrow who will be doing the work and we will have an estimate of what it will cost to finish.  Mayor Hansen will write an additional request for the TRT funds to finish the trailhead.


Mayor Hansen said that our intentions are to finish up Hodges Canyon road next spring.  It appears that at this point UDOT will not require a left hand turn lane.


Community Development Block Grant 2008


Mayor Hansen said that during the public hearing we had one proposal that we felt we could do and that would be to put in an application for some infrastructure within the library, ie, computers, educational DVD=s etc.  Mr. DeBloois suggested a group get together and look towards the future and look towards having a community center that will support that.  Ms. Bess Huefner said that she can support that idea. We will get together and brain storm on what we want to target and what we want to apply for.  Ms. Bess Huefner said that she will set up a meeting to get this going.


The Council agreed that would be a great project.  Council Member Schnetzer said that she would like a library and a community center, that would be really nice to have in the community.  The Council will support the project.


Council Member Schnetzer made the motion to support the idea of getting a community center and a library and put that on the grant.  Mayor Hansen said to amend the motion to support infrastructure such as technical equipment for the library. Council Member House seconded the motion.  All in favor and the motion carried.


Our project needs to be geared towards low to moderate income.




Mayor Hansen explained that the concern is that we are receiving resistance from Mr. Korgenski to provide a plat for the subdivision and also payment of the fees.  Our attorneys are of the opinion that there is no reason why he should not get that done. 


The Council agreed that Mr. Korgenski needs to provide the plat and the fees for the subdivision.  This is Mr. Korgenski=s obligation because he is the subdivider and it was required for the subdivision.




Appointment of New Planning & Zoning Member


Mayor Hansen presented Mr. Scott Gough for appointment as the new Planning & Zoning Member for the vacant position.  Council Member House said that he would support that.  Mr. Gough is willing to help.


Council Member House made the motion to accept Scott Gough as a new Planning & Zoning Commission Member.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.


Date for 2007 Community Christmas Party and Santa


The Council agreed to hold the community Christmas Party on December 1stand Council Member Schnetzer will work on getting a new Santa Claus.


Date for 2007 Board Member/Employee Christmas Party


The Council agreed to hold the Board Member/Employee Christmas Part on December 7th at Bodean=s.


Review of letter from Ron Binggeli, Transit Director of the Pocatello Regional Transit Public Transit


Mayor Hansen read the letter for the Audience.  He said that it was a great service provided for this community.  Mayor Hansen said that this may be a project where we could support with the Resort Tax funds.  It might be an appropriate place to use some of those funds and it is a great service.


Request for funds from the humanitarian quilting group in Garden City


Council Member Schnetzer made the proposal to donate at least $500 to the quilters.  It is a real benefit for everyone.  The quilts go all over the world and it is a great project for the community.  Last year they donated 286 quilts.  It is a great community activity.  


The question was raised as to donating the money to an organization that meets in the church even though they are not funded by the church.  It was suggested that we donate to the quilt guild and they could in turn donate the money to the humanitarian quilters.


Council Member Leonhardt made the motion to donate $500 to the Bear Lake Cut Ups Quilt Guild.  Council Member House seconded the motion.  All in favor and the motion carried.


Contract with Whisper Mountain Professional Services, Rick Fawcett


All the Council Members were able to review the proposed contract.


Council Member House made the motion to allow Mayor Hansen to sign the contract with Rick Fawcett of Whisper Mountain for his services.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.




Mayor Hansen said that we have identified some subject property for the new town hall and library.  We are working on the financing and we need to get all that in order before we can make a whole presentation to the community.




Council Member Schnetzer said that she has been working with a company in Wellsville for some new playground equipment and a swing set.  She has been working on pricing for the additional playground equipment.  Ms. Bess Huefner suggested that we get a handicap or a larger swing for the older people.  The Council agreed that she should pursue purchasing the additional equipment.


Council Member House explained that there was a LEPC meeting and there is a question on liability for the dive team.  Council Member Leonhardt said that he is working on that and they have a meeting about it next week.  The training will happen 2 weeks after that.


The State EMS has funding available for EMT=s and an additional ambulance.  If the Town can come up with some EMT=s the State may be able to come up with grant money for an ambulance.  Mayor Hansen explained that it=s hard to get people here that can devote that much time to be an EMT.


Mayor Hansen read the letter from the State Auditor stating that they reviewed and approved the Garden City budget that was submitted.




The Payment vouchers and checks were presented to the Council for their review and signature.


Council Member House made the motion to accept the payment vouchers as presented.  Council Member Leonhardt seconded the motion.  All in favor and the motion carried.




There being no further business, Council Member House made the motion to adjourn the Town Council meeting at 7:45 p.m.  Council Member Schnetzer seconded the motion.  All in favor and the motion carried.



APPROVED:                                                                                         Attest:







______________________________________                    ____________________________

Kenneth Hansen, Mayor                                                    Town Clerk