Meeting Minutes November 2004






The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, November 3, 2004 at the Garden City Office Building located at 145 W. Logan Rd. 

Commission Vice Chairman Hodges opened the meeting at 7:05 p.m.


Those present:


Lance Bourne

Lana Hodges

Cindy McFarlane                                                       

Darin Pugmire

Brian House

Mel Maynes


Others Present:


Sharlene Millard

Kathy Hislop           

Ken Hansen, Mayor

Sharlotte Wride

Margaret Satterthwaite





Cindy McFarlane was sworn in as a new member of the Planning & Zoning Commission.  She will replace Daniel Moldenhauer, who resigned from his position.




Mr. Pugmire has been working with property owner, Dee Whittington, about annexing his property, which is across the street from the Garden City Office, into the town.  Mr. Whittington has 6 acres of property and is reluctant to be annexed. 


Mr. Pugmire would like to annex that property into the town as commercial property.  He wondered about the feelings of the Planning & Zoning Commission of it being annexed.  He would like all of it to be in the sewer district.


Mr. Pugmire would like to annex the 6 acres and divide it into 3 equal pieces, while giving 2 acre to the town for the 3rd West - South road.  300 W. on the north side of the highway is 56'.  The benefit to the town is getting the property for the road, which will increase commercial area, which will increase tax revenue to the town.  Mr. Pugmire said it=s a valuable piece of land.  The disadvantage to the town would be if they didn=t annex and the town wants to take 3rd West - South, the town would have to pay fair market value for the property they use.


Commission Member Hodges said if the town takes property, they have to condemn it first.


Mr. Pugmire said he has talked with Debbie Ames, the Rich County Recorder.  She said if the road isn=t in the town, the town can=t take the property for the road.


Mayor Hansen said it would be considered a lot split.  Commission Member Hodges wondered if it would be considered a lot split if it=s in the county.


Mayor Hansen said the town has been working on annexing another property in that area.  That property would be leaving an island.  We need to get the rest annexed in.  Property needs to be in town in order to get water.


Mr. Pugmire said the water should be easy to get because there is water all around the proposed area.


There was discussion about ingress and egresses for businesses.  Mayor Hansen said there are many ways to do them.  Some businesses use their parking lot for an in and an out.


There was discussion about zoning.  The Community Commercial zone can include residential, where Highway Commercial doesn=t.


Commission Member Hodges said the timing is perfect to annex this area where there are other annexations going through.


Mayor Hansen said we can offer property owners water and do it in the name of 3rd West.  He would like to petition property owners to donate land to get the 3rd West road in.  He said Mr. Pugmire can trigger it or the town can.


Mr. Pugmire will get a map and see who owns what land in that area.


Council Member Wride is concerned that there can=t be a lot split, but there could be a minor subdivision done.


Mayor Hansen said that even if Mr. Pugmire wanted to leave it in the county, the county would refer that property to the town anyway


Commission Member Maynes said Mr. Pugmire will need to bring in an annexation plan. He should get as many people as possible involved.  50% of property owners or 2/3 of the value of the land.




Council Member Wride explained that the Town Council made more changes on the Architectural Standards ordinance.  She went over what was added.  She requested the Planning & Zoning to go over the ordinance and bring any changes to her at the Public Hearing next week.


Commission Member Maynes made the motion to pass ordinance #04-12 and pass it on to the Public Hearing next week, with corrections that have been made.  Also to check the sign ordinance for any conflicts.  Commission Member Hodges seconded the motion.  All in favor and the motion carried.


SIGN ORDINANCE, Randy Erickson


Mr. Erickson explained the changes that were made to the sign ordinance.  There was still one blank that needed to be filled in.


There was discussion about directional signs.  Commission Member Maynes said it=s good to look after our realtors, but not go bonkers.  They talked about how many signs should be at entrances to subdivisions.


Commission Member Bourne showed pictures on his computer of realty signs around town. 

He showed how large some signs are and how some signs are above and below the main sign.


Commission Member Maynes said we need to let realtors have their livelihood.  We don=t want to handicap them.  They should be able to sell their properties without it looking junky.


The Planning & Zoning agreed to have realty signs be 5 sq. ft.


Commission Member Hodges made the motion to approve the sign ordinance.  Commission Member Maynes seconded the motion.  All in favor and the motion carried.




McMaster Subdivision


There was discussion about the McMaster subdivision property.  The easement had already been drawn in.  They can=t have access from the road because of a wetlands issue.  The Planning & Zoning discussed the area being swampy and having an easement through it.  They didn=t feel they could approve it.  Commission Member Maynes asked if the Planning & Zoning could require a letter from the Corp. of Engineers.


The Planning & Zoning said there needs to either be a letter from the Corp. of Engineers or move the easement away from the wetlands.  We need to tell them that it needs to be a usable right of way.


Ron Hansen agreement


Mayor Hansen talked about an agreement between Cherimoya Hill Subdivision and Mr. Ron Hansen, an adjacent property owner.  Mr. Hansen will be signing the boundary agreement tomorrow.


General Plan


Mayor Hansen said the name Master Plan needs to be changed throughout the ordinance as General Plan.  That is how we should refer to it now.




There was discussion about the fence requirement of the Conditional Use Permit for Merlin=s.

Commission Member Hodges doesn=t see why the fence should be required to go all around the lot because the existing fence is in Phase I, which is all that=s been approved.  When the other phases are approved, the fencing will be required.  Commission Member Pugmire feels like it should be required to go all around.




Building Inspector Randy Erickson said the semi-trailer at Joel Parrish=s is still there.  Billie, from the county, has sent paperwork to our Attorney - Steve Wuthrich and he hasn=t done anything about it, so the paperwork has gone to new Attorney=s - the Martineau=s.  Mr. Erickson will check to see if they know what to do with it. 


Commission Chairman House asked if Mr. Parrish will be paying the attorney fees.  Mr. Erickson said there is a minimum of what he should have to pay.




Commission Member Hodges said she has received a complaint from a citizen about KOA making camping stalls along the fence by Vernon Andersen=s.  There is power, water, supplies, etc.  They=re extending and putting in more sites. 


Commission Member Bourne said the utilities stop at the house.  If they=re extending their portion, he doesn=t know.  Mr. Erickson will check tomorrow.


Circle C Construction


Mayor Hansen said there is a new pile of gravel in the Circle C pit. The contractors that are bidding on the Logan Canyon contract have asked Mayor Hansen about the possibility of crushing gravel in town to help with the Logan Canyon project.  Some said if they have to bring it in, it will cost too much and may stop the project.  We are hoping to get a lot of material for the 3rd West - North road.  If the town will work with them and comply with all the OSHA and MSHA air quality standards and requirements, and let them crush the gravel, they will remove the topsoil, place the bedding, put on road base, compact it and prepare for pavement at no charge to the town.


The contractors will also fill the Circle C pit to the original level and compact it also.  There will be 400,000 excess yards of fill.  They don=t want to truck it very far.  They may be coming to the Planning & Zoning to explain this.


Commission Member Hodges said if Mr. Pugmire gets the lot splits and annexation taken care of across the street from the office, we may be able to get fill for the south road also. 


There is rumor that Circle C is being sold. Commission Member Hodges would like the interested party to come in and talk with us about that property.


Commission Member Maynes doesn=t think we=ll ever get the Circle C property.  He is disappointed we didn=t get a reclamation plan. He said Mr. Earl should let us know what he is doing.   Commission Member Hodges agrees, but said we need to exercise the town=s  lien on the property. 


Snowmobile Trail


Commission Chairman House talked about the forest service wanting the state parks to change the snowmobile trail to the sinks.  They=re talking about putting it through a tunnel under the highway so they don=t have to cross the highway. 


The canyon construction may take about 2 years.




The minutes of September 15, 2004 were presented.  Commission Member Hodges made the motion to accept the minutes as presented.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.


The minutes of October 6, 2004 were presented.  Changes were made.  Commission Member Pugmire made the motion to accept the minutes with the corrections made.  Commission Member Hodges seconded the motion.  All in favor and the motion carried.




Commission Member Pugmire made the motion to adjourn the meeting at 9:10 p.m.




APPROVED:                                                               ATTEST:




___________________________________           ____________________________________

Brian House, Chairman                                                Assistant Clerk