Meeting Minutes January 2005






The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, January 5, 2005 at the Garden City Office located at 145 W. Logan Rd.  Commission Chairman House opened the meeting at 7:15 p.m.



Commission Members Present:


Brian House

Lance Bourne

Cindy McFarlane

Mel Maynes


Excused: Lana Hodges


Others Present:


Sharlene Millard

Tom Bashford

Margaret Satterthwaite

Pat Reilley

Randy Erickson

Ken Hansen, Mayor

Sharlotte Wride




Mr. Bashford explained that he wants more room for his business at the Bear=s Den.  He wants to go back 12' for storage.  The remodeling will be inside the building, using the inside walls.  The existing floor will also be used.  The Building Inspector will make sure the fire codes and building codes will be met.  They will need a door.


Commission Member Bourne said this business adds a lot of character to this community.  Commission Member Maynes asked about bringing some of the items inside the store instead of storing them outside.  It will need to be discussed in the future.  Mr. Bashford said he could take the product inside nightly if needed. 


There hasn=t been much theft of his items.  Only one bear has been taken.


The bear carver has only been there about one day a week so far.  Next year he plans on being there more.


Commission Member Bourne made the motion to approve the remodeling as long as all fire codes are met.  Commission Member McFarlane seconded the motion.  All in favor and the motion carried.




Mayor Hansen showed the property in question.  It is east of Bear Lake Sails.  He explained that Alan and Reed Wamsley changed the zone many years ago.  One little strip of commercial wasn=t added on the zoning map.  It=s 300' deep and extends to the town limits.  There has been an appraisal done and the appraisers used the new map which doesn=t have that zone on it. 


Mayor Hansen remembers the strip being 300' deep of commercial.  The Planning & Zoning Commission looked at the scale and said it should be about 600' deep.


Commission Member Maynes said we should clarify and get dimensions on the whole area.  That line should be continuous to the road without a jog.  We should identify how deep it is and how deep we want it.


Mayor Hansen talked about the commercial zone not going all the way to the road.  He suggested recommending to the property owners to annex all of that area into the town.


Commission Member Maynes made the motion that the Town Clerk give a letter to Mr. Hansen that this is zoned as per the old map.  We would like it updated and annexed and brought up to that depth and have it continuous all the way around 500' maximum.  Not deeper than 500'.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.


Commission Member Maynes suggested making that piece commercial when it=s annexed.




Mayor Hansen talked about the Impact Fees.  He said the town is now reversing how they charge for Impact Fees and Water Connections.  When a connection fee is charge, it should consist of materials and labor of cost to connect.  If the town charges $1,500 for a water connection and it only takes $75.00, something is wrong.


We can use Impact Fees for developments that will impact the future.  We can also put the money aside to expand the water system and pay any debt the town will acrue.  We are re-doing the impact fees to reflect that.  The Impact Fees will be as it exactly says. 


On any connection now, the person is responsible for the connection plus we charge an inspection fee.


The Impact Fee will be based on line sizes.  The engineer had to look at all the debt, future projects, etc.  It=s complicated, using multiples and factors.  Sunrise Engineering is taking care of

figuring it.   The Town Council can look and see if the figures are accurate.  It=s actually going to cost more for Impact Fees than a connection fee. 


Mayor Hansen said Town Clerk Kathy Hislop was nervous that we might lose money.  But if there is anything over a 3/4" line, the fees increase a lot.  He said this will put more money in the water coppers.  Future developments will be paying Impact Fees on every individual lot, not just one time.                                                                


Commission Member Maynes thinks this is a good way to go.  We=ve been using bulk meters.  A dedicated fire line can=t really be used.  We=re breaking the law if we do that.


Cherimoya Hills will have meters on every lot.  There will also be an inspection fee on every lot. 


Council Member Wride said we=re also saving money.  In the past, we=ve also installed the lines.  Now we don=t.


Mayor Hansen said the town needs to have the right to extend water lines to the property.  We shouldn=t be held hostage to not be able to use our own backhoe.


Commission Member Maynes said he had to pay to trench the water line after dedicating his property for the road.  The Town couldn=t even use the backhoe.  It just sat there.


Mayor Hansen said we need to decide how to define areas to extend for water lines.  The sewer district does it all the time.


Commission Member Maynes said the way to do it is through a resolution to turn it into a win win situation.  Mayor Hansen said we could change the ordinance and say the person will pay for the actual connection.  As far as extending the lines, the customer pays all the costs.  The Impact Fees should be taking care of that.


Commission Member Maynes said we can amend the ordinance that at the Town Councils discretion, the town can extend the water mains.  The Mayor agreed.


Commission Member Maynes said the town should supply the water to Cherimoya Hill Subdivision.  Mayor Hansen said they will connect off the main line by the road.


Mayor Hansen said the ordinance makes the person pay for everything.  We need to change that.

If the development helps the community, the town can pay for the extensions.  If not, the customer should have to pay for it.  Once this will be adopted, it will be reviewed and we=ll have to update it.  The Impact Fees can change for future projects also.


Commission Member Maynes recommended that we take this to Town Council and add the Impact Fee changes to Ordinance  #05-01 so it can be done all at once.


Mayor Hansen suggested to go ahead and pass the ordinance now.  The Town Council will talk about it when it goes to them.  He is in favor of getting that done.  It needs to be changed.


Commission Member Bourne wondered about someone who doesn=t have a  town road, they have their own water system, but they=re still paying an Impact Fee.  He wondered about appealing.  Mayor Hansen said they=re also using all of the town roads for anywhere they go.


Commission Member Maynes thinks that for Bridgerlands water, as soon as there are 75 people using that water, there should be records kept.  They may someday have to come to the town to get water.


Mayor Hansen said once Ted Wilson gets to that point, the regulations are very strict.  It=s his water, but he=s now piggybacking off the town as far as water testing, etc.  He will have to do monthly testing and also check for bacteria.  He won=t have to test for nitrates, irons, coppers, lead, etc. because we already do it.


Commission Member Maynes made the motion that we recommend to the Town Council that they adopt #00-02 and 05-01 as written and that the Town Council study the verbage of the ordinance to where they cannot use the town=s equipment.  Commission Member McFarlane seconded the motion.  All in favor and the motion carried.




Sales Tax

Mayor Hansen said it appears that our sales tax is up again this year.  We were worried about revenue, but it looks like it=s coming in okay. 


Swan Spring

Mayor Hansen said we begin testing Swan Spring this month. We will always be under scrutiny now.


Youth Council

Mayor Hansen talked about taking a couple of Youth Council members to meet some representatives of the state.  Mayor Hansen, Town Clerk Kathy Hislop, Council Member Leonhardt, Youth Mayor  Stephanie Floyd and Youth Council Member Lindsey Hansen met with several people; Representative Huzaker, Margaret Godfrey of Utah Scenic Byway, Rob Cruz of the Forest Service, Bob Bennett=s office and Rob Bishop=s office.  They were trying to get support for the Scenic Byway Grant.  He said we may not be in as good of a position as we were last year to get the grant.  UDOT still needs to rate them, then the grant goes to the Scenic Byway.  The other applicants are also excellent, so that is why they went to lobby for our Town.



Beach Restrictions

Mayor Hansen would like to get a letter to sovereign lands that we are opposed to the restrictions on the beach.  Mayor Hansen said he=ll call Craig Pettigrew tomorrow and see what they have in mind.


Commission Member Maynes said he would like a delegation to get together and meet with the leaders of the House, Senate and the Governor on the 19th  or more help on the grant.  Our objective in applying for the previous was to draw attention to Rich County and he feels we were successful with that.  Commission Member Maynes is now applying for nearly a million dollar grant.  It will provide a trailhead for the Shoshone Trail and snowmobile trails.  The State Parks are in support.  It is an 80/20 grant.  We now have $190,000.00 towards it.


There has been a lot of talk about safety issues by the snow sheds and snowmobiles crossing the road.  It would be nice to find ways to do tunnels, etc.


Council Member Wride said the County Commissioners are in favor of a trail from Rendezvous Beach going up through the canyons.  They=re looking for a route for ATV=s.  It will be tough to have a trail on the highway.  It will have to be on the opposite side of the bike path.


Commission Member Maynes would like to see on our new ATV Ordinance, that snowmobiles have to have muffler devices.  He said we need the income, but we don=t need to put up with the loud noises.




The minutes of December 1, 2004 were presented.  Commission Member Bourne made the motion to approve the minutes as amended.  Commission Member McFarlane seconded it.  All in favor and the motion carried.




300 W.

Commission Chairman House asked the Mayor about the discussion of the new road going in by Frank Smith=s new business.  Mayor Hansen said it=s being discussed but no resolve has been made yet.


Architectural Standards

Commission Member Maynes asked now that the new Architectural Standard Ordinance has been passed, what if someone has been approved, but before the Ordinance was passed, do they still have to go by it?  Council Member Wride said the ordinance wasn=t passed then, so no.







Commission Member McFarlane made the motion to adjourn the meeting at 8:50 p.m. 


APPROVED:                                                   ATTEST:




___________________________________   __________________________________

Brian House, Chairman                                    Assistant Clerk