MINUTES OF THE
MEETING OF THE
TOWN COUNCIL OF
GARDEN CITY, UTAH
The
Garden City Town Council held their regular scheduled meeting on July 14, 2005
at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen called the meeting to order at
7:00 p.m.
Council
Members Present:
Kenneth Hansen, Mayor
Mike Leonhardt
Larry Gray
Sharlotte Wride
Arlo Price
Others
Present:
Kathy Hislop
Jason Linford
Doug Nelson
Ken Bousfield
Ken Wilde
LaVal Jensen
D.J. Ballingham
Darren Wallentine
Gene Ashworth
Carlene Ashworth
Steve Smith
Jim Schnetzer
Laraine Schnetzer
Jarvis Parry
Margaret Satterthwaite
Lamar Spencer
Mayor
Hansen welcomed everyone to the meeting
BUSINESS LICENSE DISCUSSION/APPROVAL
Framing Memories, Gwenda Hansen.
Business License and Conditional Use Permit
Mayor
Hansen explained that Ms. Gwenda Hansen is not attending but would like them to
act on this request tonight. She wants
to do photography at her residence, by appointment. She has been to the Planning & Zoning Commission for the
conditional use approval. Council
Member Leonhardt was at the meeting when they approved her conditional use
permit. She does have a state tax
number. She will not be using
chemicals. It is by appointment only so
parking should not be a problem. The
conditional use permit was approved with no parking on the bike trail, she must
be in conformance with the sign ordinance and have a handicap accessible ramp.
Council
Member Price made the motion to approve the business license application and
the conditional use permit. Council
Member Wride seconded the motion. All
in favor and the motion carried.
Bear Lake Exterminators, Lamar Spencer
Mr.
Spencer is not in attendance at this meeting.
Council Member Price made the motion to table B until he arrives.
Garden City Repair, Darin Wallentine
Tabled
because Mr. Wallentine is not in attendance at this meeting.
Café Lago, Jarvis Parry
Mr.
Parry explained that they would like to serve just beer, no liquor or wine,
from 12:00 noon to 10 or 11. The state
law is that alcohol can only be served from 12 - 11. The customers can only get a beer if they order food. Council Member Leonhardt asked if the
waitresses are old enough to serve the beer.
Mr. Parry explained that the beer will be served from the bar which is
separate from where they order food.
They will have 2 bartenders and each person has to be certified to sell
the beer. The customers will order and
pay for the beer up front and be ID’d to make sure they are 21. The customer then will pick up the beer at
the bar where they will be ID’d again.
The customer will have to be 21 to sit in the bar area. The customer can’t take the beer off the
premises if it is open. They can only
sell 3 beers per person in the state of Utah.
They
are just selling bottled beer, no draft.
There is outside seating in the front and the side lawn. Mayor Hansen said his consideration is the
neighbors if they plan to have it outside.
Mr. Parry said that when they get the license they will have to put all
the seating behind the building and a couple right in front so the seating is
not close to houses. Mayor Hansen said
that the Town Council doesn’t have the time to deal with problems that could
occur with this type of request so if it does become a problem the Council will
just make them do away with the beer.
The Council agreed with that comment.
The state does random checks to make sure they are selling the beer
according to state law. It is regulated
pretty good.
Council
Member Leonhardt made the motion to approve the alcohol beverages to be sold at
Café Lago with the stipulations that if there is problems with it the Council
will review it again. Council Member
Price seconded the motion. Council
Member Wride suggested stating that they can only serve the beer at the bar in
the back of the café. Mr. Parry said
that is required by state law. All in
favor and the motion carried.
Mr.
Parry asked about renting and selling skate boards, etc. The Council stated he would have to come
back to the Planning & Zoning Commission and the Town Council for this
request.
Bear Lake Exterminators, Lamar Spencer
Mr.
Spencer explained that he would like to do pest control, fertilizer and
herbicides. He said that he has a
license with the state for pesticide applicator, which he will give a copy to
the clerks. He is working on getting a
state tax number. He will store the
chemicals at a storage shed at his home, which is out of the town limits. Council Member Wride said her concern is
where he is storing the stuff. He needs
to keep a lock on the storage to keep the kids out of it.
Council
Member Wride made the motion to approve Bear Lake Exterminators business
license upon him getting the tax number and a copy of the state license. Council Member Leonhardt seconded the motion. All in favor and the motion carried.
Bear Lake Repair, Daren Wallentine
Mr.
Wallentine explained that he wants to do mobile mechanic work. He will do the bookkeeping at his house and
do the repairs on site. He will
eventually have a vehicle that he will use for tools, etc. Right now he just wants to maintain his
customer base. He doesn’t think that he
will be doing a lot of repairs that will require him to have oil, etc. When he has that type of material he will
take it to the disposal site. Mayor
Hansen said it will be a problem with the neighbors if he starts storing a lot
of vehicles, etc., at his home. There
is no homeowners association in Foothill Estates. Mr. Wallentine said that there will be no repairs done at his
home. There is no noisy machinery, just
tools. He will not have the welding
equipment.
Council
Member Price made the motion to accept the business license application for
Bear Lake Repair for onsite work only, no repairs at Mr. Wallentine’s residence
or hazardous storage. Council Member
Leonhardt seconded the motion. All in
favor and the motion carried.
Mr.
Wallentine said that it is obvious that we have someone in town that is doing
the same type of business without a business license. Mayor Hansen said that a Council Member is working towards a
solution but he is not here yet.
Ultimatums have already been issued.
BEAR LAKE HEALTH CARE CLINIC INTRODUCTIONS
LaVal
Jensen, Executive Director and DJ Ballingham, Physicians Assistant
Mr.
Jensen explained that the vision at the clinic is that they are there for the
community whether you are able to pay or not able to pay. They have a sliding fee scale depending on
the income level. Mr. Jensen introduced
himself and gave his work experience.
He said that he will be working with the Board of Directors, who are in
charge. They are part of the community
and ultimately make the decisions for the clinic. At the clinic they can address emergency issues and preventative
care. In addition to that they have an
in house pharmacy.
Mr.
Ballingham introduced himself and gave his work experience. His goals for the clinic are to continue to
provide emergency care but their primary service is to be the source for the
community. They have a great staff and
program.
The
clinic is federal funded to some degree.
The
primary reason they wanted to come tonight was to introduce themselves and they
also want to pledge the support of the community. They feel that there is no sense in driving an hour to Logan when
they are right here in the area. They
are working on establishing a good working relationship with the EMT’s. Two of the local EMT’s work at the clinic.
They
do have regular hours, they are open Monday thru Saturday during the
summer. Tuesday is the late day. During the winter they are open Monday thru
Friday. There is also someone always on
call.
Mayor
Hansen said that the Council has always been behind the clinic. There have been some concerns in the past
and we hope that they have already been answered and taken care of. Mayor Hansen suggested that they really try
hard to work with the EMT’s. Mr. Jensen
said that they are really reaching out and trying to work together with the
EMT’s. He also said that the area that
the Council could help them with is take any concerns or questions to them that
they can work on and address. They are here for the community and they want to
fix any concerns. They do accept all
insurances and the people that don’t have insurance.
DIVISION OF DRINKING WATER AND SUNRISE ENGINEERING, Ken Bousfield, Ken Wilde, Jason Linford, Doug Nelson
Mayor
Hansen explained that, unfortunately, we were unsuccessful in our attempts to
not have to build the treatment plant.
It was an amazing water year and the turbidity was higher than he has ever
seen. We are going to get on with this
and get it done. Mr. Ken Bousfield said
that his priority was to give it a good attempt and see if we could make
something work. Mayor Hansen said that
we still don’t want to do this but we need to get on with it. The treatment plant will only be doing it’s
work for 3 months of the year and the rest of the year the water will be
cleaner than what will come out of the plant.
Mr.
Linford said that they are working on getting some figures for the treatment
plant, which will cost about $3,500,000.
Mr.
Ken Wilde asked about the $33,000 that was approved for Garden City to use for
the initial planning and testing, etc.
The money is still there and none of it has been spent. It is still in the PTIF account and is still
available. At some point that money
will be rolled into the loan. We also
have a 1.3 million dollar loan approved for the construction. We still need some time to do some planning,
etc. We will need to go back to the
Water Board and tell them what the plan and the scope is. Mr. Doug Nelson said that Rural Development
doesn’t have the funding that was approved for Garden City but we can request
funding from them again, when we are ready.
The
agreement gives us 18 months to complete the treatment plant project and we are
on the clock right now. Mr. Jason
Linford said that we didn’t anticipate re-doing the master plan/feasibility
study. The pilot program was approved
by Mike Georgeson. In order to meet the
time lines we will have to go with the mycosis system. Mycosis is a Paul Water System, which is
similar to the Holliday plant.
Mr.
Linford said that we need to get a contract between Garden City and Sunrise so
they can begin the design and get the numbers figured. The 150 day time limit will be really tight
especially if the clock started last month. Mr. Ken Bousfield went over the
time line. He said that if we find
ourselves in a situation that was not anticipated and we can prove that we need
more time they are willing to look at that situation as long as we have been
diligently working towards the project.
They do acknowledge that there could be some unforseen events and they
can re-negotiate on the time limit. The
state just needs to know that we are working as fast as we can.
The
goal is to lease the property for this project from the State of Utah, Wildlife
Resources.
Mr.
Ken Wilde said that the staff would really like to work with our engineers
during this project. They want to have a conceptual meeting to see where we are
going so they know our plan. That way
the whole thing is not designed before they review the project and then find a
problem with our project design. Mr.
Ken Bousfield agreed that he wants to be kept informed also so he knows if
there is time line issues. Mr. Jason
Linford said that he will submit monthly progress reports to the state.
We
can suspend the sampling that was required due to this project but we must
continue the monthly testing for coliform
Mr.
Linford said that the Water Board set aside the 1.3 million dollars, which is
at 2.3% interest. The medium income
rate for Garden City is $29,250. 1.9%
of that is around $43 per month and that is where the state looks at for the
grant and loan ratios. Mr. Jason
Linford asked about applying for grant money from the Drinking Water
Board. Mr. Doug Nelson is working on grants and funding from different
entities, which includes the state.
Mr.
Ken Wilde said that the Rural Development gives better commitment for grants
than the Drinking Water Board will give, so he suggested that we go to them
first for the grants and then go to the Drinking Water Board.
Mr.
Linford said that the new costs that they are looking at are based on a plant
that is just been constructed within the last few months.
Mayor
Hansen said that his feeling on this now is just to get it moving and get it
done. We are in a better position to do the treatment plant at this time
because the citizens of the community know that we have done everything
possible try to avoid this. The Council
did everything in their power to keep the water rates as low as possible. Mayor Hansen said that once this is done it
puts the community in a better economical position, we will have the treatment
plant, the sewer system, etc.
Mayor
Hansen said that we need to revise our impact fees, etc. He suggested that the Council authorize him
to go ahead and get that done. We have
subdivisions outside the town limits and we need to take care of those
obligations, so we need to have a schedule for inside the town limits and one
for outside the town limits.
Mr.
Linford asked if we need to re-bid and give other companies an option to bid on
the pilot. He will check on that.
One
of the requirements to getting money from the state is to put in a metering
system, which will be a part of the project.
Mr.
Linford, Mayor Hansen and the canal companies have been working with the state
water rights person and they came up with some really good common ground to
protect water rights in this area. They
also worked together to protect the needs of this area and make sure none of
the water rights are ever lost or taken outside this area.
Council
Member Leonhardt said that our first step is to work with the state to get the
property located and Mr. Linford can be working on the design at the same
time. The Council all agreed that this
needs to be moved right along.
300 WEST UPDATE
Council
Member Wride explained that she met with UDOT and Sunrise Engineering
concerning access onto 89. The
Lockwood project also did a TIS because they want an entrance from the
highway. We also did a TIS for our
intersection onto the highway. If
Lockwood was not going in right there we would not be required to put in a left
hand turn lane. Lockwood is required to
do a left hand turn lane. She did
receive an approval letter from UDOT with a couple of stipulations. They want an intersection design before they
will give us the actual approval for the intersection. She is still working with UDOT for advise
and help on this issue. She said that
it is not fair to impact Lockwood with 100% of the cost of the left hand turn
lane but they are impacting us. Mayor
Hansen said that it is not fair for the state to financially strain these small
communities for something that we can’t afford. Their main issue is safety.
Mayor Hansen said that the fact is that we don’t have the money for this
project.
Council
Member Wride would like the Council to agree to getting the design and she will
look at getting a grant, a waiver or something. Mr. Linford suggested that they look at the project and give the
Town a cost estimate first, then the Council can determine if they want to go
forward with the design, etc. Also, we
will have to relocate the bike path.
Council
Member Leonhardt said that we need to talk with Lockwood and let them know that
the state is requiring a left hand turn lane.
Mayor Hansen said that if it is because of Lockwoods entrance off of
Bear Lake Blvd they may have to do away with their intersection and just go off
300 west. That may eliminate our left
hand turn lane. Council Member Wride
said that she will check with UDOT to see if they would agree to that if 300
west was the only entrance onto 89.
300
west was in the planing for a lot of years and the Lockwood project is
impacting our project, and why should we pay for the left hand turn lane just
because of their project.
BIKE PATH EXTENSION
Council
Member Wride said that UDOT needs another letter from the Council so that the
extension can go back out for bid again.
They put it out for bid and the bids came back too high. Across the board all the state projects are
coming in higher so they are re-figuring the costs. It will cost us more.
They want the town to write a letter stating that we know our expenses
will be higher. Mayor Hansen asked if
there is a cap on the amount we could pay out.
Council Member Wride said that if we put it out for bid again and then
turn it down, we will be black listed.
Mr. Linford suggested that we take the design to Frehner Construction
and have them give a ball park figure so we will know about how much more it
could cost the Town. If we decide not
to do the bike path we will loose approximately $11,000 that has already been
spent. Mr. Linford said that they have
written off about $6,000 on this project.
Mayor Hansen said that it is a pretty expensive project for what we are
getting. Council Member Wride said that
we are in it now and we have already spent a lot of money. She said that UDOT estimated Garden City’s
additional funds would be about $15,000 and she doesn’t want to stop the
project when we are this close.
Council
Member Wride said that we won’t know what the bottom line is until the bids
come in. Council Member Leonhardt said
that we need to find out what the bids are going to be and go from there. Council Member Price agreed that we need to
know before we can make a decision.
Council Member Wride said that she has to write a letter before we can
proceed. The Town Council will have to
decide if the funding is there before we will approve it.
BUTTERCUP SID
Sharlotte
Wride said that we have put the required public notice in the paper for this
meeting. We had a time line of what we
had to accomplish, which we are following very closely. Everything has been done appropriately. We need to adopt the resolution which allows
them to continue on with the project, then they have to have 4 consecutive
weeks of publication regarding this project.
Ms.
Wride said that the HOA doesn’t want to dedicate the Willow Way right of way to
the Town. They want to keep it for open
space. Willow Way doesn’t go anywhere
it just goes to a ditch and a steep hill.
Debbie Ames, the County Recorder, does have a question with not
dedicating the right of way and not having access to lots 42 and 35. Also, if Willow Way was left open it would
give a secondary access to the Calder’s and the Negus’. It was discussed that the hill at the end of
Willow Way is too steep for vehicle travel.
Mayor Hansen said that he can see the concern with the access to lot
35. Ms. Wride said that they can leave
an easement to lot 35 or leave Willow Way a private road. Council Member Leonhardt said that he would
have to look at it to see if he could get to that lot through the right of way.
Mr.
Linford said that they have the design for the trailer park and the widest road
in those areas are 30' and so the widest they can asphalt is 20'. Ms. Wride said that was addressed during the
beginning discussion of this SID. There
are roads in Garden City that are 20 wide'.
There
has only been one protest, which was over the phone, nothing in writing.
RESOLUTION #R05-07
This
Resolution is to proceed with creating the Buttercup Special Improvement
District.
Council
Member Leonhardt made the motion to accept Resolution #R05-07, A Resolution
declaring the intention of the Town Council of Garden City, Utah to proceed
with creating the Buttercup Improvement District. Council Member Price seconded the motion. A roll call vote was called, Council Member
Leonhardt, for; Council Member Price, for; Council Member Gray, for; Council
Member Wride, abstained. Motion
carried.
WATER CONCERNS IN BUTTERCUP SUBDIVISION
Mr.
Linford said that the state requirements are 20 psi for fire protection and
average use is a minimum of 35-40 psi.
The pressure in Buttercup is anywhere from 21 psi to 120 psi and it
fluctuates all the time. Buttercup has
their own water tank which is at the same level as swan spring so it really is
of no benefit. Mr. Linford said that
the only way to fix the pressure problem would be to abandon he tanks and pump
all the time, ir build a tank up higher.
We could also build a looping system but that would only increase the
pressure about 5 psi. Mr. Gene Ashworth
said that we should be able to equalize the pressure in the tank and then go by
the static flow of the tank. Also, we
could put in a booster pump in the homes that don’t have adequate
pressure. There are some homes that
have booster pumps already. Mayor
Hansen said that there are already 2 new pumps there now. They were changed out about 1.5 - 2 years
ago because they were cavitating out.
Mr. Linford said that if we abandon the tank and pump we would need to
install a pressure tank in the pump house and the pumps will be running all the
time. Mayor Hansen said that if we put
4- 300 gallon pressure tanks we would need to build an addition onto the pump
house to house them. Council Member
Gray said that we are trying to maintain water pressure for these homes. He suggested that we look at the water
pressure that they have at Rendevous Beach.
It works great and it maintains a consistent pressure. Mr. Linford said that the only difference is
that the tank is in the wrong place for Buttercup. Mr. Linford said that we would be money ahead to get rid of the
tank and just use the pumps. He
will come up with a cost for a system
to alleviate the tank. Fire protection
would be better with this plan. The
Council agreed that they are okay with this plan. Council Member Price said that a tank up higher would be a
solution and may be cheaper in the long run and he would like to investigate
that option also. It may be cheaper
because we will not have to pay all the pumping bills.
Mayor
Hansen said that in trade for getting the tank up there we would expect
Buttercup to give an access to the tank.
Mayor
Hansen said that we will look into this problem and see what we can do. We will look into pumping vs. a new tank
about the same size as the current
tank. We will also look at the
cost difference for a larger tank.
ORDINANCE DISCUSSION
Ordinance #05-12, An ordinance deleting the Garden City Waterworks
application from the Garden City Ordinances and making the application a
form/policy that can be changed as needed.
Council
Member Leonhardt made the motion to accept the new Ordinance #05-12. Council Member Wride seconded the
motion. All in favor and the motion
carried.
Ordinance #05-09, An Ordinance to change the requirements for RV Park’s
in Garden City.
The
one change was to increased the density to a minimum square foot. This ordinance was tabled until next month.
RESOLUTION DISCUSSION
Previously
we approved an ordinance updating the inspection and impact fee rates, #05-01,
but we didn’t include anything for properties outside the town limits. This item will be table until next month so
we can get figures and a resolution prepared.
Resolution #R05-11, a Resolution to the Town Mayors of Garden City and
Laketown to Show Their Support for a New Marina
Council
Member Gray said that they have been going through a management plan for the
state park as a whole. One priority is
for an extension or an additional marina.
The yacht club has made contact with Senator Hillyard and Representative
Hunsaker. The State Parks has a project
data base that they maintain around the state and this project does not fall in
that data base. The yacht club has
contacted the Senator to try to get support from the legislature and to try to
come up with some funding. The State
Park’s is supportive of the project but not at the expense of a state park
somewhere else. Mayor Hansen said that
the Town would welcome the possibility of an additional mariana. The yacht club is seeking the support from
the Town in the form of a resolution.
The plan is for the addition to go to the south of the current
marina. They would maintain the same
entrance. Mr. Judd Preston is spear
heading this project.
This
project is an expansion to the existing marina in Garden City with no impact to
the existing roads. The letter of
support just states that we want to see it happen with no financial commitment.
Council
Member Price made the motion to accept Resolution #R05-11. Council Member Leonhardt seconded the
motion. All in favor and the motion
carried.
ANNEXATION DISCUSSION
Island Annexation
Council
Member Price said that his problem with this annexation is that there are
people wanting to be annexed and so that is the only property that we are
annexing. What will happen with all the
properties that the owner doesn’t want to be annexed. Will we ever be able to annex them? Mayor Hansen said that he was
told that we can annex property that is surrounded by town property with or
without the property owners consent. We
will contact Mr. David Church to see if we can annex them at a later time
because they are all surrounded by the Town.
Once we get that information we can go ahead with the annexation that is
in progress. If David Church says no
then we need to continue to work with Mr. Jeff White to get them to annex. Council Member Gray will continue to work
with Jeff White.
GRANT DISCUSSION
State Contract for the CDBG.
We
now need to be proceeding with the project and start looking for property for
the library. We don’t have much time
for this grant because it is just for land acquisition.
RCA Grant for Trail signs
Council
Member Gray is working on this grant and getting the signs.
MISCELLANEOUS ITEMS
Certified Planning Seminar
The
Council discussed sending someone to this seminar. We will keep this in mind for another month.
BUILDING INSPECTOR REPORT
The
Council Members reviewed the prepared report.
COUNCIL MEMBER REPORT
Council
Member Wride said that she wanted to table the discussion regarding sidewalks.
Council
Member Wride showed a slide show of street lights in other towns in Utah.
Beach Access Roads
Council
Member Wride explained that some of the property owners along the beach Access
on 200 north put up some street signs that need to come down. She has talked to the property owners that
put up the signs and they told her that they were going to get a lawyer. She is surveying the right of way. Her suggestion is that there are major
problems and safety issues on that right of way and she would like to put up
temporary signs for 2 weeks. Council
Member Leonhardt said that he understands that there is a problem on that road
but there is no way they can keep us off it, it is a right of way that has been
there for years. It is a right of way
by use. Council Member Wride said that
according to UDOT she can’t put speed limit signs under 25 miles per hour until
she has a street survey. Mayor Hansen
said that UDOT has no jurisdiction with our town roads. We can set the speed limit on the town
roads. Council Member Leonhardt said
that they have no legal right to tell us what we can do with our town
streets. Mayor Hansen said that we can
show that we have been driving down there for 150 years, it is a right by
use. Council Member Wride will get a
survey and put up a speed limit sign.
Council Member Gray said that the road needs to be open and accessible
to the public. Mayor Hansen said that
if we allow them to shut that off for just one day then we won’t be able to
open it back up ever again.
Russell
Swaner is taking the signs down in the morning. Council Member Gray said that the attorney may be the best way to
go with this issue because then there would be resolution one way or the
other.
Mayor
Hansen said that we have solidarity here.
They are telling Council Member Wride that we promised to put up the
signs there and we have not put up any signs.
She tells them that she is working with the state, the Town Council and
the engineer. Council Member Gray said
that he is in support of putting up signs but not in favor of closing off the road. Mayor Hansen said that even if we get it
surveyed he said he is not in agreement to relinquish the 20' right of way that
was signed on in the letter with Paul Nance and Dale Brower.
Council
Member Leonhardt suggested that we get it surveyed. Mayor Hansen said that we should survey and then let them make
the first move after that. We are in
good standing here with that right of way.
Hodges Beach Road Discussion
Mayor
Hansen will send letters of intent to all the property owners in Hodges Beach Subdivision
that the Town will fix the right of ways and make them usable. We will also try to rectify the issues where
structures have been built over the right of way. He is asking for approval to send a letter to tell them
explaining our intentions. The Council
agreed.
Backhoe Discussion
Council
Member Gray said that there is concern with Mr. Bennion using the backhoe. He visited with Mr. Bennion about this
issue. We have allowed him to use it
for quite some period of time but during the previous meeting it was decided
that he could not use it anymore. Mr.
Bennion only needs to two more days to finish.
Council Member Gray feels that if he needs to use it one more time to
clean up his property then we should let him finish his project. Council Member Leonhardt said “done to
what”, at what point will the property will be clean up. He said that the
Planning & Zoning Commission told him that he needs to clean up his
property before they will even consider the conditional use permit. He will need one day to take care of the
heavy things that need to be picked up with the tractor. Mr. Bennion told Council Member Gray that he
will be back to the Planning & Zoning Commission next month ready to go for
his conditional use permit. Council
Member Gray doesn’t want to go out on a limb to make commitments for things
that we have said that we will not do, but he can’t see the problem with one
more day. Council Member Leonhardt said
that we just enforced the Bears Den to conform with the town regulations, but
we are allowing Mr. Bennion to continue doing business without a business
license. He is collecting money that we
don’t see any revenue from, etc. What
happens when we send a letter to Mr.
Wendell Winegar telling him to clean up their property and they want to
use the backhoe to clean up. Council
Member Leonhardt said that he has no problem allowing Mr. Bennion one more day
and we will provide the backhoe and the operator. Council Member Wride said that we are still doing it on private
property. Mayor Hansen said that the
more he looks at this issue he feels that we need to take care of our own
property and we need to follow the ordinances.
Mr.
Bennion lost his conditional use status when he leased the business to Mr.
Wallintine. He doesn’t like that.
We
also have liability problems. Council
Member Leonhardt asked where does it end.
Mayor Hansen said that he can’t see much of a change with the clean up
at Mr. Bennion’s. It has all moved over
behind the storage sheds. Council Member Gray said that he will go back to Mr.
Bennion with the consensus of the Council, whatever it is. The Consensus of the Council is that he
needs to continue the clean up but not with Town equipment and not with Town
employees. Council Member Leonhardt
said that he needs to be reminded that he is doing business without a business
license. Mr. Bennion said that he is
not doing business. The burden of proof
will be on him to prove that he is not.
Council Member Leonhardt said that after the way we have dealt with Mr. Wendell
Winegar we need to take some action with Mr. Bennion.
Council
Member Gray suggested that based on the conversations that he has had with Mr.
Bennion is that he will be ready to go to the next Planning & Zoning
meeting. If not Council Member Gray
suggested that we go on with the next step.
The Bears Den
Council
Member Leonhardt said that they have a stamped design, by a structural
engineer, to use the front portion of the building until September 30,
2005. They can’t use the back for
anything including storage. If they
haven’t taken care of the issue then they will be closed down at that
time. The stuff outside will stay the
way it is. He has to have the front
part of the building re-wired, which should be done soon. Council Member Wride said that commercial
business will be conducted inside the building and we are not enforcing the
ordinance. We should do something about
it because it is getting out of control.
Raspberry Days
Raspberry
Days is going forward and going well.
APPROVAL OF MINUTES
May 12, 2005, Public Hearing
Council
Member Leonhardt made the motion to approve the minutes of the public hearing
of the Town Council held on May 12, 2005.
Council Member Wride seconded the motion. All in favor and the motion carried.
June 9, 2005, Public Hearing
Council
Member Leonhardt made the motion to approve the minutes of the public hearing
of the Town Council held on June 9, 2005.
Council Member Wride seconded the motion. All in favor and the motion carried.
June 15, 2005, Special Town Council Meeting
Council
Member Leonhardt made the motion to approve the minutes of the special Town
Council meeting held on June 15, 2005.
Council Member Wride seconded the motion. All in favor and the motion carried.
June 9, regular meeting
Council
Member Leonhardt made the motion to approve the minutes of the Town Council
meeting held on June 9, 2005. Council
Member Wride seconded the motion. All
in favor and the motion carried.
PAYMENT VOUCHERS
Council
Member Leonhardt made the motion to approve the payment vouchers as presented.
Council Member Price seconded the motion.
All in favor and the motion carried.
ADJOURNMENT
There
being no further business to be discussed, Council Member Price made the motion
to adjourn the meeting at 10:20 p.m. Council Member Gray seconded the
motion. All in favor and the motion
carried.
APPROVED
Kenneth Hansen, Mayor
Attest:
Town
Clerk