Meeting Minutes January 2004






The Garden City Planning & Zoning Commission held their regular scheduled meeting on Wednesday, January 7, 2004 at 7:00 p.m. at the Garden City Office Building located at 145 W. Logan Rd.  Chairman House opened the meeting at 7:00 p.m.




               Brian House, Chairman

               Lana Hodges

               Daniel Moldenhauer

               Mel Maynes

               Lisa Hunt




               Sharlene Millard                                               Ken Hansen, Mayor

               Randy Erickson                                                Nancy Fry

               Merlin Goeckeritz                                             Mike Leonhardt

               Karen Goeckeritz

               Matthew Goeckeritz




Lisa Hunt and Daniel Moldenhauer were sworn in as new members of the Planning & Zoning Commission.  They will replace Scott Tolentino and Jim Stone, whose positions have expired. 




Commission Member Hodges made the motion to make a change about the water rights needing to change the point of diversion in the Master Plan.  She also approved the Master Plan with the above correction and recommended to send the Master Plan to the Town Council for approval.  Commission Member Moldenhauer seconded the motion.  All in favor and the motion carried.





Mr. Goeckeritz has an acre and a half of property for this project.  He is adding on to the original house.  The new addition on the south of the building will be the dining area for the new restaurant. He showed a drawing of his plans.  He also showed a survey of his property.  The lot size is 225’ wide x 295’ deep.  The old white garage is gone. 


The existing house is about 40 feet off of the highway.  Mr. Goeckeritz showed future plans for a mini mall.  There will be Tour bus parking in the rear - #3 on the map.  Regular parking will be in  #1 and #2.  Delivery areas will be in #5 and #6. 


Mr. and Mrs. Goeckeritz are proposing to remodel the existing building and add the addition.  They will be paving #1 on the map for parking also.  Next season, they plan to finish the parking lot and work on the mini mall.   Building Inspector Randy Erickson said #1 parking should be sufficient for the restaurant building.  Mr. Goeckeritz has been to a design professional and said he meets the requirements for parking.   Mr. Goeckeritz said he’s not asking for approval of the mini mall at this time.


Mrs. Goeckeritz said the Town is growing and needs new businesses.  She feels their business will be a great asset to the Town.  They have a similar business in Laketown.  People enjoy going into a dining area.  It will be new and attractive


The dining area will seat 40-60 people.  There will be handicap accessible restrooms, which will be new, clean and pretty.  There will be a male and female restroom.  The Board of Health is aware of the situation, although they haven’t looked at it yet.   The house will be completely re-wired for power.  There will be new insulation and he’ll meet all the necessary codes.  Mr. Goeckeritz said he has met with the fire department and there should be no problems with fire hydrants, etc.  He’s also met with the water operator for questions.


Mr. Goeckeritz said the floor plan is perfect for what he wants.  The kitchen will work great for him.  They will contact UDOT for access permission to the highway.  Commission Member Maynes said getting 3 egresses/ingresses may be tough to get from them.  He’ll have to have at least 2.  Mr. Goeckertiz said he knows he can have 70 sq. ft for advertisement and a monument sign. 


The Goeckeritz’ will be buying raspberries for shakes.  They would buy locally if there were any to sell.  They sold 22,000 shakes last year.  Commission Member Maynes asked about the complaint from a letter which was sent.  Mr. Goeckeritz said most people don’t want to wait an hour for a hamburger.  He feels his plan will help things go fast.


There will be two handicap ramps.  One of which will be on the highway side of the building.  The property is zoned commercial


Commission Member Moldenhauer said the plan looks good.  Mr. Goeckeritz is trying to decide if the business will be open all year.  He thinks the business will be here, especially if the snow continues to come.


Commission Member Hunt suggested putting north and south arrows on his maps.  It would be less confusing. 


Mr. Goeckeritz said he’s had engineers and architects work on these plans.  It will be all new-sided and look nice.  Commission Member Hodges suggested getting the Board of Health in there as soon as possible.  She said another business here in Town had to tear down the old portion of the house they were using because of the Board of Health requirements.


Commission Member Maynes would like to see Mr. Geockeritz have civil drawings.  They should include water, power, sewer, drainage and fire protection.  He should also have stamped plans from an Architect which would include color schedules and the exterior facade.  He should have a design specialist address the parking.  He’ll make it fit our ordinance.


Town Clerk Kathy Hislop asked the Commission what section of the ordinance the Clerks need to go by.  The Commission suggested ordinance #11C-4 for parking,  11C-6 for vehicle access and 11C-10 for signage.


The Planning &Zoning can control the facade of the buildings.  The Town doesn’t have a theme.  Mr. Goeckeritz feels it’s western.  He feels TC11 wood siding looks good.  He said he needs to be open by May and wants this approved tonight.  He said he doesn’t want to have to come back for approval.  He’s on a deadline.


Commission Member Hodges said Mr. Goeckertiz came in for a pre-meeting and was told what he needed to bring in.  He has not addressed everything on the list.


Commission Member Hunt asked if Commission Member Maynes wants all of the above on the design plan.  The building inspector will take care of making sure that he’ll have the plans ready.  She asked if the Town has a list for people who come in of items that should be addressed.  Mr. Goeckeritz has addressed all that was asked when he came in for his pre-meeting.  She wondered why more should be added.


Commission Member Hodges and Mr. Goeckeritz talked about getting an access from UDOT.  Mr. Goeckeritz said when he established his business in Laketown, he was told by UDOT that he needed approval from the Town first, before he could get approval from UDOT


The dumpsters will be caged by the back delivery road, west of the building.  He has been told he would be able to get a dumpster with a lid.  He said he will not let the Town down.


Council Member Wride recommended that Mr. Goeckeritz have a site plan, showing structures and how far they are from the driveway.  He showed where those type of plans were.


Mr. Goeckeritz explained that Hometown Drive In is on the property easement by 1’.  He said this building is far enough off of the road, there shouldn’t be a lot of congestion.    Commission Member Hodges told Mr. Goeckeritz that the Planning & Zoning are not trying to hinder him, they’re just trying to get this done right.


Mayor Hansen said if the Planning & Zoning just needs to address the facade, what else does he need to bring in?  Commission Member Hodges said – lighting type, she recommended using something that points down.  She said we’ve got a lot of residential next to commercial.  We need to know what the lighting will be pointing to.


Commission Member Hodges said he shouldn’t get approval until the Board of Health has given their approval.


Building Inspector Erickson said some things could be listed as conditions. i.e. conditions on drainage and parking lots, that they will meet requirements.  The Planning & Zoning can still approve Mr. Goeckeritz’ plans, but he’ll need to meet the conditions.  If not, he can’t go ahead.


Commission Member Maynes said we’ll have to do this as we have with others.


Nancy Fry, a member of the audience, said the Health Department has a 20-page criteria to meet.  It’s not easy.


Mr. Goeckeritz said UDOT won’t even talk to him until they know that the Town has it approved, so he feels pressured into getting this approved.


Mr. Erickson talked about the drainage.  He said we need to send the drawings to the Town Engineer.  He’ll send them back if there are any problems.  Commission Member Hodges agreed that he needs to have his engineered drawings to the Town Engineer.  The process takes about a week or longer. 


Mr. Goeckeritz asked if concept of his project appeals to the Planning and Zoning.  He said he needs to get so many other things ready.


Chairman House suggested the following items to be addressed by Mr. Goeckeritz:  Agreement with UDOT, lighting, drainage, Fire Department approval, engineered drawings, signage, Health Department approval, landscaping.


Commission Member Maynes said all of those issues will go to the Town’s Engineer.


Mayor Hansen explained about Monument Signs.  It’s not a Monument Sign until approved by the Planning & Zoning.  There are not really any restrictions.  Commission Member Maynes said the Planning & Zoning likes to see signs that have large boulders with an elevated sign.  He suggested looking in the ordinances for signage regulations.


Matthew Goeckeritz suggested a sign made out of wood with the name burned in.  It would look western.  They want to make the sign classy.


Mr. Erickson said that a Monument Sign isn’t regulated by the amount of square feet of the building.  It has to be drawn up, designed and brought to the Planning & Zoning.  Council Member Leonhardt said it won’t be anything like Home Town’s sign.  You’ll really be making a statement by using a Monument Sign.


Commission Member Hodges asked about fencing.  She wondered if anything up front will be fenced, other than the garbage.  He said he doesn’t have plans for fences, other than by Ray Lutz’ home.  Mr. Lutz is working with him for a fence on his side.  They will be tearing down a shed.  There is a dispute if the shed is on the property or not. 


Commission Member Maynes said he doesn’t have a problem with the fencing, where the property is next to Commercial property.


Mr. Goeckeritz said in all fairness to Gene Cook, he has thought about fencing the south side.  But, he doesn’t want to create any bad feelings.  He knows some of the customers for Hometown will be using his parking lot.  This parking will take people off of the highway. 


Commission Member Maynes made the motion to approve the Conditional Use Permit for Merlin’s and the restaurant, parking for #1 only.  Drawing will be in the sufficient manner to satisfy the City Inspector and Engineer, civil drawings, architectural drawings and structural drawings.  Conditions of this will be clearance from the Board of Health, clearance from UDOT for ingress and egress, signage, fencing on the north, garbage to satisfy as much of complaints as possible, lighting, landscaping and Mr. Goeckeritz will go ahead at his own risk.  The City will not be responsible for any delays that might arise or problems that might arise with these conditions.  Commission Member Hunt seconded the motion.  All in favor and the motion carried.






Mayor Hansen welcomed the new members to the Planning & Zoning Commission.  He said he appreciates the time they all take for helping the community.


Mayor Hansen said the members of the audience owe the Chairman the courtesy to respond only when he says we can.  The Chairman needs to have the courtesy and respect the position  requires.  If the Chairman says don’t talk, we don’t talk.  He is expected to bang on the table if he needs to.  We should be recognized before we speak.  We all owe him that respect.  The meeting will run smoother if we let him do his job. 


Mayor Hansen wondered about considering as part of the agenda, to read one ordinance at each meeting.  We could have scratch paper and make any changes.  On the agenda, it should be written as which ordinance we’ll be covering.  Let’s start cleaning up the ordinances, so we can feel good about them.  He thinks the signage ordinance needs some cleaning up.  The ATV ordinance will soon be a new one.  The Town Council will do the same thing the following month.  We could coordinate the efforts.  The Planning & Zoning Commission agreed that that would be a good thing to do.


Commission Member Maynes said we need to stress in our pre-meetings that people need to have a set of plans ready for Planning & Zoning.   He feels all we accomplish, after a meeting like tonight, is to let someone go ahead with a project without everything being presented.  We’re putting more responsibility on the Engineer and he’s at risk.  Mayor Hansen agreed and asked how detailed they want the set of plans?


Commission Member Hodges said something that we can actually see.  The plans shouldn’t change after they’re sent to us.  We need a working set of drawings.  It should show entrances and the kitchen.  They would like to see the  plans that will be used to construct the building.


Mayor Hansen said the ordinance just requires the Planning & Zoning to look at the facade and landscaping.


Commission Member Hodges said the ordinance can be very vague.  Mayor Hansen said it needs to be more specific.  Chairman House showed the plot plans from the Cottages.  He would like to see plans more like that.  Everything we need to know is in there he said.


Sharlotte Wride said the Planning & Zoning doesn’t have a say about the structure itself.


Commission Member Hodges referred the audience to ordinance #11C-8.  For a Conditional Use Permit, they are required to have a drawing to scale, and anything else that the Planning & Zoning deems necessary.  She doesn’t expect huge drawings.  Just something with legends, directional arrows, etc.


It was said that the Building Inspector won’t issue a Building Permit if everything isn’t in order.


Commission Member Maynes said if the Planning and Zoning is able to require drawings, then we don’t get asked what is required.  If a design specialist takes care of it, he knows it’s been taken care of.


Chairman House said if a design specialist prepares the plans, it takes the burden off of the Planning & Zoning Commission.


Commission Member Hodges read from the ordinance book which states that the Planning & Zoning can make any conditions they want.


Ms. Wride suggested having a sample site plan with elevations for applicants to see. That way they’ll know what is expected.


 Mayor Hansen said that conditions on Conditional Use Permits and having them in different zones makes it hard to have one plan that will work for everyone.  He would like to have a balance.  He knows plans are expensive.


Commission Member Hodges said if people would follow the guidelines they were given at the pre-meeting, they’d have everything they need.  The Planning & Zoning estimates plans are about $5,000 for a design specialist.


Mayor Hansen wondered if the Planning & Zoning is prepared to know what they want to have required for meetings.  Commission Member Maynes asked if there aren’t good plans presented, how can a decision be made?  If it’s in black and white, it’s more clear.


Mayor Hansen said we should let people  know that they’ll have to come to more than one meeting.  Have a pre-meeting, then present a conceptual plan, and go from there.


Ms. Wride said a design specialist should consult with their client about what is needed here.  No pages were labeled, etc. on Mr. Goeckeritz’ plans.


Commission Member Maynes said he’s seen plans where parking, truss design and what it’s designed for is on the front page.  He would like to see that.


Mayor Hansen said people are really hesitant to spend a lot of money on plans.  What if they showed a conceptual plan, you tell them that this and this needs to be done and it will get approved.  He said it was a good suggestion for Commission Member Hodges to mention the Board of Health for Mr. Goeckeritz’ plans.


There was discussion about developer’s who have good plans and by knowing the time line, they know how long it will take. 


Commission Member Hunt said if we have an example of exactly what we want, give that to them, and  also a set of commercial ordinances with a list of conditions.  If they were given that at the pre-meeting, they shouldn’t have any questions.


Town Clerk Kathy Hislop said no two plans are alike.  We can’t give them a list that will fit everyone.  Mayor Hansen said professional people will be able to figure it out.


Mayor Hansen & Commission Member Maynes suggested telling people about a timeline – if you want to come in with a conceptual plan, do it this way.  If you want it to be passed off soon, do it this way. 


Mayor Hansen said he wants to be in harmony with the Planning & Zoning.  Commission Member Maynes said we need to be consistent in what we do.


Town Clerk Kathy Hislop suggested making a flow chart.  Maybe we should do one for a Conditional Use Permit.  We could include that with the application.  Mayor Hansen agreed and suggested showing both ways on the flow chart, a conceptual plan and a fast track plan.


Commission Member Hodges asked if Elk’s Ridge got recorded before December  31st?  Town Clerk Kathy Hislop said yes, it got recorded on the 30th.


Mayor Hansen said he met with Mr. Chuck Earl of Circle C Construction the first part of December.  He assured the Mayor that all of the junk would be hauled out of his pit by December 31st, 2003.    He was also agreeable to 300 West being put in.  Mayor Hansen said he’ll go look at it tomorrow and give him a call if it isn’t cleaned up.


Commission Member Hodges said Circle C’s Conditional Use Permit has expired.  Mayor Hansen said Mr. Earl didn’t say much about reclamation.


Commission Member Maynes explained about the pit being filled with toxic items.


Council Member Mike Leonhardt asked how we take control of his property.  He has until April 2004.  The agreement was for both parcels.  If he defaults, the Town gets his property.


Commission Member Maynes said the Town has access to ½ million yards of fill for roads that needs to be put somewhere.  He knows Mr. Earl is also hoping to get some of that fill.  Commission Member Hodges said with all of that hazardous waste in his pit, she would suggest that someone come in to inspect it other than the Town.  It could be a liability.


Commission Member Hodges asked about how the rest of the property owners within 300 West feel.  Mayor Hansen said he talked with Frank Smith.  He thinks we can get permission from everyone but the Hildt’s.  They may be the only holdback.  We do need to know by February 15, 2003.  The Taking Issue is a 6-9 month procedure.


Commission Member Maynes said the Town has an option on the property west of Canyon Cove.  The fences will need to be removed.  He would like to dump fill 2 feet deep x 60 feet wide.  The Town will have permits and signatures by then for the new road.  The plans on that road will be huge.


Commission Member Hodges asked about the semi-trailer situation of Joel Parrish.  The Town Council said he has disappeared.  He hasn’t been back to Town so the sheriff can serve him.  The sheriff has been looking for him, but can’t find him.


Mayor Hansen said the Town Council did pass the Taking Issues and Nuisance Ordinance.


Commission Chairman House asked about the annexation of the Marina.  Mayor Hansen said it’s on hold.




The Planning & Zoning looked at old zoning maps.   The clerks are wondering if we need to keep them.  Commission Chairman House suggested to throw the mylar and keep a copy.  Mayor Hansen wanted to keep the copy for historic reasons.




Commission Member Maynes tabled the approval of the minutes of December 3, 2003 until next month. 




The Planning & Zoning would like to review ordinances #1 – General Provisions through #5  - Finances and Taxation, next month.


The Planning & Zoning talked about the changes made to the Master Plan for it to be approved.


Mayor Hansen said that we should only change the water rights of Swan Springs at the well.  Someday, we may have to have a treatment plant.  He thinks we should just transfer out what we need.  We also need to work with the state to have them protected.  We have a lot of water rights now.  We have to earmark our water rights for future use.


The Town needs to battle with the state to get money.  Mayor Hansen said we need to tell them we’ve spent over $100,000 to get this project this far.  Sunrise Engineering will present us with a plan for the cost of the project, timelines, water rates, reading meters, etc.


Mayor Hansen said there are two reasons we haven’t read meters in the past.  We felt if there was water running in the lake, we weren’t too worried about conserving, but now, when developers come in to develop subdivisions, we need to work with them for water storage.  We also want to convert our water rights from second feet to acre feet.  Mayor Hansen thanked Sunrise Engineering for their help and support.


Mayor Hansen said that at the Town Council meeting tomorrow, we’ll be planning some goals.  We need a lot of good people to volunteer to help.  He would really like to work on beautification.  He would like to see a marquee to advertise events.  His company has hired a man to help with events.  He has already scheduled an event for almost every weekend  this year.  He’s hoping to have these events during the times of the months when we need more tourists. 


Mayor Hansen talked about the Raspberry Museum project.  He said it’s been a struggle getting this project through.  He didn’t anticipate all the opposition they’re getting.  Congressman Rob Bishop’s office may be changing their attitude.  He may be more willing to help us now.  He hopes to have a good outcome on the grant.  Commission Member Maynes is trying to get letters of support from the business owners.  They’re wondering how they can generate revenue to keep the raspberry business going after the 4 years of testing are up. They would like to have it open year round.


Mayor Hansen and Commission Member Maynes explained the raspberry grant project and the opposition they’ve gotten from the Laketown growers.  They discussed and read the contract which the Laketown growers sent.  They don’t want to bring their product here to Garden City or anywhere. 


Mayor Hansen said he’s been told that the Town is at the top of the list for the grant.  He is cautiously optimistic about getting it.


Commission Member Hunt made the motion to adjourn the meeting at 9:30 p.m.  Commission Member Moldenhauer seconded it.  All in favor and the motion carried.
















Assistant Clerk