Garden City UT: Town Council Minutes 2006-08-10

MINUTES OF THE

MEETING OF THE

TOWN COUNCIL OF

GARDEN CITY, UTAH

The Garden City Town Council held their regularly scheduled meeting on August 10, 2006 at the Garden City Office, located at 145 W. Center (Logan Road). Mayor Hansen opened the meeting at 5:00 p.m.

Council Members Present:

Kenneth Hansen, Mayor

Larry Gray

Brian House

Margaret Satterthwaite

Elizabeth Seiler

Others Present:

Kathy Hislop Rick Jones

Jason Linford Merle Spence

Travis Hobbs Ken Tuttle

Ralph Cannon John Alter

John Abraham Bret Lower

Justin Cook Dennis Bullock

Pat Argyle Frank Smith

Paul Webb Gerald Hunsiker

Cathy Webb Troy Petersen

Joan Akre Mike Gaumnitz

Mayor Hansen welcomed everyone to the meeting and said that he appreciate the attendance of the community. Mayor Hansen introduced the Council Members.

BUSINESS LICENSE DISCUSSION/APPROVAL

Mortgage Mate, Bret Lower

Mr. Lower explained that he has a mortgage company that is existing in Logan and he wants to move over to the plaza behind Town & Country Realty. Mr. Lower will be the Broker. Council Member Seiler asked about the parking because it is not complete at this time. Mayor Hansen said that Mr. McLaughlin told him that they are waiting to line up the pavers when they will be in Town. Mr. Cannon explained that they have a deadline to get it paved by the end of September. The grader should be there in the next couple of days.

Council Member Satterthwaite moved to approve the business licence for Mortgage Mate, LLC. Council Member Seiler seconded the motion. All in favor and the motion carried.

Fox & Hayward Associates, DBA Foxhay Meadows, Ms. Penny Fox and Ms. Susan Hayward

They are not at the meeting yet but will be late so Mayor Hansen asked the Council to move on and go back when they get here. The Council agreed because of the construction in the canyon.

Cook Concrete, LLC., Justin Cook

Mr. Cook said that he wants to do residential and commercial flat work, footings and foundations. He may eventually get into water tanks. He will be operating from 51 west 200 north, Ray Lutz yard. That is where he wants to keep his equipment. Mayor Hansen said that has been approved as a parking lot.

Mr. Cook will be working in conjunction with Lutz Construction. Council Member Satterthwaite asked for a driveway into the lot. It is the wishes of the Council to have a designated driveway in and out. Council Member Seiler said that they are also parking across the street to the north. Mayor Hansen said that he has talked to Mr. Nate Parry and that is not part of the conditional use permit that was issued for this property and they can’t use it. They need to stay on the south and do a designated drive way. This is not in addition to what is already there, it is part of what is already there. Mr. Cook is just taking over part of Lutz Construction. This type of business doesn’t require any tax.

Council Member Satterthwaite made the motion to approve the business license for Cook Concrete with the stipulation that he do what he can to channel them through a single driveway. Council Member Seiler amended the motion to state that they definitely put up a barrier for the driveway and give them a 30 day time limit. Council Member House seconded the motion. All in favor and the motion carried.

Commercial property discussion, Lesley Garaicochea

Ms. Garaicochea is not here yet so we will skip this item at this time.

Fox & Hayward Associates, Penny Fox and Susan Hayward

Mr. Mike Gaumnitz explained that he is representing Ms. Fox and Ms. Hayward on this request.

They are requesting a business license to sell log home kits and park models. They will have a couple of models on the property. The property is located along 100 west and approximately 150 south. Mr. Gaumnitz passed out the layout for the property. They will just have models #1 and #2 that are outlined on the property. They will also have a sales office.

Mayor Hansen said that it appears like it is going to be a subdivision. Mr. Gaumnitz said that it is not a subdivision, they are just using it for a showroom type project. The plans are just to have 2 models and the sales office, which will be inside the models. They will have grass and landscaping on the property with parking also. Council Member Satterthwaite asked about handicap issues. Mayor Hansen said that they have to be ADA accessible. They should have a ramp and a restroom that will accommodate a wheelchair. The models will have power and will be hooked up to the water and sewer. They will have to pay the connection and be connected. Mr. Gaumnitz said that there will be skirting around the units. Mayor Hansen said that we don’t allow skirting they must be on a permanent foundation. Mr. Gaumnitz said that they will do whatever needs to be done.

Mayor Hansen said that the motion needs to include that they need to follow the guidelines for ADA and the setting of the homes themselves and the parking. Mr. Gaumnitz said that it will be paved parking and a paved walkway back to the models.

They don’t have the sales tax ID number yet, but they are working on that. They would like to start this season but it may not happen until spring. Mayor Hansen suggest that we approve the business license on the condition that they have everything on line.

Council Member House made the motion to approve the business license with the stipulation that the sales tax number is provided and that Foxhay Meadows is limited to the establishment of the 2 model homes and that they meet all the requirements of the Building Inspectors. Council Member Satterthwaite seconded the motion. All in favor and the motion carried. The map with the delineation is part of their file.

SWAN SPRING CULINARY WATER PROJECT/TREATMENT UPDATE

Mr. Jason Linford, passed out a handout for a proposed new water rate structure. He stated that for the bond payment for the new treatment plant we need to generate $39.96 per month per ERU, or $480 per year.

When we design for our source we need to design for peak demand but we are going to base the water rate structure off an average rather than the peak. Mr. Linford explained the difference between the peak demand and the average use.

Mr. Linford stated that we will be talking about different options for the new rate structure that he will suggest. He went over the 4 different options. Mayor Hansen said that none of these options take into consideration the impact fees. Mr. Linford did talk about growth and that it will help take care of our debt service.

Council Member Seiler asked if there will be maintenance fees with our new system. Mr. Linford said that the $480 dollars per year does take into consideration the maintenance, employee wages and the debt service. If we collect more than our debt re-payment there are no penalties because it is an enterprise fund. We can use these moneys to save up so the next generation doesn’t have to borrow to take care of the system.

Council Member Satterthwaite said that the people that use more water should have to pay more. We should keep the base rate low and increase the overage. Mr. Linford suggested that we send everyone on the water system a notice which will compare what they use now and what they will pay with the new rate.

Mr. Linford explained that we will need a new billing software when we start the meter readings. If we go to the meter readings then we will need to update the software to generate the billing. We are planning on going with the radio reads. We do have some meters in place but 99% of them will need to be replaced with the radio read meters.

The Council agreed that they don’t like the option of collecting less than we need for the first few years. We should start out with whatever we need so we are not in the hole. Mr. Linford said that we are going to need to run with this for a couple of years to see where we are going to be. Mayor Hansen said that we will need to have the meters in place to really see what this will do. We are only going to really be charging the base rate right now. Mayor Hansen suggested that we go ahead with the meters right now.

Mr. Linford said that they are still struggling with the survey for the treatment plant location. We need about a month to finish everything for the design then we can bid it out. At that time we can also start the construction of the access road. We will start the construction in the spring.

Mr. Lynn Sagers, from Rural Development Administration, is fine with the radio read meters. The DWD don’t want to spend the addition money for the radio reads so we will have to pay the difference for them. Our staff will have to install all the meters. Mr. Travis Hobbs said that we are looking at about 2 years to complete all the connections. He said that they liked the Neptune meters the best. They liked the transmitter and the reader better from Neptune. We will have to go out to bid for them. Mr. Hobbs said that we need to start installing them now. Mayor Hansen said that if Mr. Hobbs puts them in he will know where they are. It will also be an inventory of the Town. We can also send him out with the GPS unit and have them all GPS’d. It will be good to get as many of the meters in this fall because it is dry right now, in the spring it will be to wet. We need to get the bid out soon so he can start getting some in this fall. Mr. Linford and Mr. Hobbs will get together with both Neptune and Census to determine which one we like the most. We can use some of our money that is in our water fund and get the meters purchased and then be reimbursed with the project funds.

Council Member Seiler said that we also need to determine when we will hire another person to help with the water project. Mayor Hansen said that Mr. Hobbs workload will decrease in the fall.

Council Member Satterthwaite made the motion to set this discussion to an open meeting so the public has some input. We will have the public hearing an hour before the September Town Council meeting. Council Member House seconded the motion. All in favor and the motion carried. Mr. Linford said that he will not be here for that meeting but Mr. Evan Simpson can come and present the options.

Running the power up to the treatment plant site is still a concern. Mr. Jeff Hansen is working on the plat with the county road and he is also working with Mr. Mike Madsen on the right of way.

DISCUSSION REGARDING GARDEN CITY ROADS

Council Member Seiler explained that she has been meeting with Mr. Linford on the different road projects. She feels like we should create a new committee or a board because there are so many road projects that we need to take care of. They could watch over the projects to make sure they are completed to Town standards, etc. They can help get our ordinances up to date. They can be involved in the budgeting, design, etc.

Council Member Seiler explained that there is a lot of work to be done on our Town streets. The road committee could be temporary for a year or it could be permanent. She said there should be some compensation. Mayor Hansen said that any expenses would have to come out of the road budget.

Council Member Satterthwaite said that she is an advocate for boards, she sees value in it. Mayor Hansen said that his concern is that we don’t create a bureaucracy that we can’t get things done because there are too many opinions, etc. Council Member Seiler said that she has been working with some people that have been helping on the road projects and it is working at this time. She explained that Lana Hodges, Tom Hutson, Terry Allen and John Alter have been helping. She would like it to be more formal and recognized by the Council.

Mayor Hansen said that he appreciates what Council Member Seiler has done so far, it is a huge job and a big issue. He said that he is not so sure that we need to be in the business of gathering donations, we need to be prepared and make the developers install the roads. Council Member Satterthwaite said that we need to be careful with impact fees so that we are not taking.

Mr. Linford said that he can do a road impact fee cost analysis. The Council will need to identify the roads or project that impact fees can be used for, and they need to benefit the entire community. We need to make sure the research is done correctly.

GENERAL PLAN DISCUSSION

Council Member Satterthwaite said that we need to get the Planning & Zoning Commission working on the General Plan again and make sure everything is incorporated in it.

Council Member Seiler said that she request a Council Member be in-charge of overseeing the opening the General Plan and get going on that. She said that the Planning & Zoning Commission did recommend that the Council open the General Plan and get writing on it. Mayor Hansen said that the Town Council can undertake the writing of it and then we can have the public hearings to adopt it. We also need to incorporate the transportation master plan in the general plan.

Council Member Seiler asked if we can give out assignments on the general plan. Mayor Hansen said that each Council Member should go over the General Plan and we can go over it during the next Town Council meeting.

DISCUSSION REGARDING GARDEN CITY ROADS

The Council talked about working on road plans and resources to help us with that. We can also have the attorney from the ULCT to help with an impact fee study. We can check to see if they are willing to do that. Sunrise will charge $15,500 for that study.

The water impact fee will need to be updated once we start the treatment plant project.

Council Member Satterthwaite made the motion to commission Council Member Seiler, who has the responsibility of the roads, to form a committee and if there are cost incurred that they clear the costs through the Town Clerk and we can see how that works. The costs will come out of the road budget. Council Member House seconded the motion. All in favor and the motion carried.

Mr. Linford said that right now there are no standards for our roads. Right now we have had the developers engineer submit what they want for their roads. We need to have our standards outlined in the ordinances.

3^rd West

Council Member Seiler said that an issue has come up with 3^rd west and we need to discuss it and determine what we want to do. She has met with Frehner and UDOT today and there is a big hole where LeGrand Johnson is. Mr. Dennis Ashton, from Frehner, said that he didn’t realize that the hole needs to be filled in. It is about 30 feet short. Mr. Linford said that we could work with it if we have to but it will be a lot nicer to have it even. Mayor Hansen said that we could have told him originally that we are just trying to get the property where the road needs to go, not the entire 100 feet. Council Member Seiler said that Frehner doesn’t have the dirt or the trucks to fill it in. Mayor Hansen said that we can look at the original documents to see if they state what needs to be filled in. Council Member Seiler said that we need to have in writing what we expect.

Mayor Hansen said that we need to excavate and keep the grade reasonable, not too high. Mr. Linford said that we should only be 6" above the grade. Mr. Linford said that he will look at the plans for the grade. The grade setter will set the grade. We will have to get a copy of the contract from Mr. Ashton to see what the requirements were.

A couple other options are that we will have topsoil generated from that road and we will have some material from the treatment plant to use for the road construction. We can also trade the topsoil for gravel for the road.

Mr. Paul Webb said that on the corner of 1^st west and 2^nd north there is a huge hole that needs some dirt.

GIS SOFTWARE PRESENTATION, Rick Jones

Mr. Jones gave a power point presentation on what his company does and what he can help Garden City do with his GIS software. His software will cost $2,500 for each module. That is just the license fee.

Mr. Linford said that he has digitized all the parcel information in Garden City and they will go to the County to get all the parcel numbers. The next step is to get the aerials. We also need to get the GPS equipment. We do have the GIS/computer equipment but we don’t have any GPS equipment.

Council Member Satterthwaite made the motion to ask for a written proposal for cost and support for our consideration at the next meeting. We should also include the sewer district. Council Member House seconded the motion. All in favor and the motion carried.

TRANSFER AND EXCHANGE OF WATER SHARES DISCUSSION,

Robert Statham is proposing a subdivision project for the property located north of Swan Creek Village. He is requesting to connect to the Garden City Water system.

Mr. Paul Webb is representing Mr. Statham in this request. Mr. Webb explained that he applied for annexation of this property into the Garden City Town limits but that request was denied because it was not contiguous. They would like to apply for water connections to the Garden City water system in exchange for the water that they have allocated from the original appropriation from Swan Creek Spring. They have been working with Mr. Ken Tuttle, Sunrise Engineering, on a draft of his analysis of the water and transfer rates and so forth. They would like to put in 137 dwelling units, which is broken down from 3/4 acre lots to condo units. They have 17 acre feet with a 3 multiplier which gives them 54 acre feet of water. They used a 50% calculation of permanent residents and 50% recreational residents to come up with the calculation that they are presenting in the draft.

Mr. Statham is requesting that Garden City accept that water shares in exchange for a commitment for 137 connections. What they are proposing for their transfer is part of the 66 ½ second feet allocated for the canal companies. Mayor Hansen said that as they read the water allocations the only one that lists the allocations is the Hodges Irrigation sheet. Mr. Ken Tuttle said that he has a breakdown for each canal company for what percentage belongs to each group. He said that there is a document in the file that lists out the percentage for each canal company.

Mr. Tuttle said that they just looked at the approved uses for this project. The land proposed for development for this project will be outside of the Town limits so we can give direction of what they can do with the water.

Mr. Tuttle recommends that we develop a water right acquisition policy so that we can treat everyone with consistency. There are other communities that have that type of policy that we can get a sample from.

Mr. Tuttle said that when they first ran the draft it showed that they needed twice as much water shares to transfer. They just massaged the uses to get it to where they need to be. Mayor Hansen said that he has a concern with stating the difference between permanent and recreational use. He said that recreational homes turn into a full time homes. He is concerned with who will regulate that. He said that he is not opposed to the project, he is just concerned with some of the issues. We as a Town need to have the water there for everyone when they come, 100% of the time. The trend is moving towards people staying full time. Mr. Webb said that Bear Lake is probably not nearly close to 50% of full time residents. Mayor Hansen said that we don’t want to be in the business of determining or enforcing the use.

Mr. Webb asked if a greater number of users wouldn’t help pay for the treatment plant. Mr. Linford said that is true to a point, until we have to purchase additional equipment because of the additional users.

The water that they want to trade is a first priority/appropriation out of Swan Spring. That means that we get the water first from that source. Mr. Webb said that this is all the water that they have allocated for this property. The priority stays the same as long as we don’t use it when we transfer the right. Council Member Satterthwaite discussed the state water rights documents.

We would actually own the water rights, where in the other canal companies we own the shares from the canal companies.

Mr. Tuttle said that it would take a point of diversion change, a change of use, file the application, possibly a hearing and public input. It would take 6 months to a year to complete the process. If we adopted a water right acquisition policy plan then we would know what the steps are for each situation. Nothing becomes solid until the state engineer gives it his stamped approval.

Mayor Hansen said that there are a lot of determining factors in this request. They are not in the Town limits. Mr. Webb said that in order for Mr. Statham to proceed, they want to know the opinion of the Town. There are other options that they can use to get water if the Town doesn’t want to participate. They just need to know if we are interested based on the state engineer approval. Mr. Webb said that they are comfortable with Mr. Tuttle’s preliminary suggestion. Mayor Hansen said that we are not saying that this is not what we want to do. There are 2 issues that need to be resolved, the recreational homes and just being assured that it is a doable thing. He said that he is not really comfortable with stating that we are going to do this at this time but we can continue to work on this.

There will be some costs involved in the transfer and Mr. Webb said that we can look into how to split the costs.

Mr. Tuttle said that we need to go with what we are comfortable with and take recommendations from the state engineer. The key thing is that they have 54 acre feet of the first allocation. How that will be calculated will depend on the Council.

Mr. Linford asked how often a person needs to be here for the state engineer to determine it a recreational resident? Mr. Tuttle said that it is 1/4 of a year. Mayor Hansen asked how we can enforce the recreational uses? Mr. Webb said that the developer has other options if we don’t want the appropriations, but it should be a win, win situation for both groups. Mayor Hansen said that this is a valuable water right and it is priority. He only has concerns about it, he is not saying that it is not doable. Council Member Satterthwaite said that it is an easily accessible area, she can see that people will be here more than 4 months of the year.

Mr. Webb said that they want an action to know if we are interested in this proposal. Council Member House said that based on the draft he would have to vote no at this time. Mr. Tuttle said that this is a really good water right that we should have in our possession. He feels that what we should do is to use this water right as far as it will go in this subdivision. Mr. Webb said that they may be willing to cut their subdivision down to 120 units.

Mr. Tuttle said that this is for 54 second feet and the minute we cross the line to 55 second feet we are done, we are out of compliance. It is a 6 month allocation.

Mr. Webb asked if we could make a determination within a month or 6 weeks to say yes we will take the water or no we won’t. They want to know if we are willing to look into this so they can determine if they can work with our stipulations. Mr. Webb said that if it goes less than 120 units then they probably won’t be willing to work with the Town. Mayor Hansen suggested that Mr. Webb go back to Mr. Statham to see if they will work with us on the number of units. Mr. Webb said that we can also make a requirement on the outside watering use. That can be manipulated to a smaller number to keep the recreational/permanent ratio manageable. Mayor Hansen said that it is the opinion of the state that this is a very important water right. If we can make this work we should look into it because it is first priority on the spring.

The development will all be below the canal. Mr. Linford said that we would have to look at this development to determine if it is where we can service it without another pump station. Mr. Webb also asked about the fire protection for that subdivision. Also, would they need storage tanks. The tank that will be built at the spring will provide enough fire flow for the subdivision.

Council Member Satterthwaite explained the ordinance that states that we won’t provide water outside the Town limits unless we can demonstrate that we have sufficient water for the current municipality. Mayor Hansen said that we can currently provide water outside the Town limits. Mr. Linford said that the way we set it up is that they provide water for what they need for the development so they won’t be taking water from the existing system.

The water rate and impact fee for outside the Town was explained to Mr. Webb, it is 50% more than inside the Town limits.

Mr. Webb explained that they are going through the process of getting all of the appropriate approvals for the subdivision, this is just one step of the process. If we deny them water it won’t stop the project.

Mr. Linford said that if the Council approves this based on the recreational/permanent homes it will set a precedent that other developers can use. Mr. Webb said that realistically there should be a percentage for this area.

Council Member Satterthwaite said that she would like to see something in writing, an agreement. Mr. Tuttle said that we need more dialog and get more concrete figures for this request. Mr. Webb is just looking for an agreement for this request. If we are not amiable to be negotiable and come somewhat close to the 120 units then they need to know so they can go another direction. Mr. Webb said that there may be a little variance in the 120 units but they need a certain number of units to make this project profitable. Mr. Tuttle said that gives us a good point to work towards for the next meeting.

Council Member House made the motion that we are willing to work with Robert Statham’s development group in developing their water rights for their project. Council Member Satterthwaite said that they need to make the motion in the name of the company. Council Member House changed the motion to Interlink Management Corporation in developing the water resources and water rights as proposed. Council Member Seiler seconded the motion. Council Member House, for; Council Member Satterthwaite, for; Council Member Seiler, for; Council Member Gray, abstained because he was not here for the discussion. Motion Carried.

Norm Mecham, Discussion regarding transfer of water shares for Cherimoya Subdivision

This item has already been resolved. No discussion required at this time.

Norm Mecham, Discussion regarding transfer of water shares for the Cottages Subdivision

This item has already been resolved. No discussion required at this time.

SUBDIVISION DISCUSSION/APPROVAL

Mr. Frank Smith is requesting approval of a subdivision of 4 lots. The property is located west of Harbor Village/Raspberry Patch Subdivision and north of Elk’s Ridge Subdivision, Phase II. The request is to subdivide 120.13 acres into 4 lots.

Mr. Frank Smith passed out his map and explained the changes to the plat that was presented. Mr. Smith is requesting to divide the property into 4 lots. Mr. Smith stated that the property will not be landlocked. He owns a lot of property around the parcels that he is subdividing. Mr. Linford said that the plat needs to show the right of way/access to lot 2. That needs to be shown on the plat. Parcel 1 is about 15 acres and he will eventually like to subdivide that property.

The water tank is above this property and the water and fire pressure will be good.

Council Member House made the motion to accept Mr. Frank Smith’s request to subdivide the minor subdivision as presented to us with the requirement that an easement for lot #2 be included with the final plat. Council Member Satterthwaite seconded the motion. All in favor and the motion carried. Also, included in the motion is to take care of any concerns from the Planning & Zoning Commission.

Mr. Ezra Lantz is requesting approval to subdivide his property located east of Buttercup Subdivision at 595 South Bear Lake Blvd. This is a request to subdivide the property into 2 parcels.

Mr. Frank Smith explained that Mr. Lantz was not familiar with the process to subdivide property and he is not ready. He will come to the next meeting.

BUTTERCUP SUBDIVISION POA

There is no representation from the Buttercup POA for this discussion. Council Member Gray said that part of the concern that he would have is to make a change to the ordinance, and allow the use, would be contrary to state law. The law specifically states that it is to give access to a public area and that is why we wrote the ordinance as we did. Council Member House said that it is just open area and it was agreed that it would be allowed prior to the pavement. Council Member Gray said that it was agreed that once it would provide access to a riding area. Council Member Satterthwaite said that it was agreed prior to creating the SID. Council Member Gray said that we will still be including Buttercup once we have access from Buttercup to those areas.

This discussion is tabled because the Buttercup POA is not in attendance.

RESOLUTION DISCUSSION/APPROVAL

Resolution #R06-15, a Resolution adopting a lease between the Town of Garden City and Zions Bank for the purpose of buying snow removal equipment

Council Member Satterthwaite said that she feels that we need a public hearing for this Resolution. This will be scheduled for a public hearing.

MISCELLANEOUS ITEMS

Appointment of new Planning & Zoning Members

Mayor Hansen present the names of Mr. Dennis Salzetti and Mr. Greg Bills. Mr. Salzetti will fill the term of Troy Petersen which is about 1 ½ years. Mr. Bills will finish the term of Brian House. They both would like to serve the Town in this capacity. They both know what is expected of them for being available for the meetings.

Council Member House made the motion to accept the two names as presented before the Council for the Planning & Zoning Commission. Council Member Gray seconded the motion. All in favor and the motion carried.

Street name or number discussion

Mayor Hansen explained that the property owners that have property along the road that goes on the other side of the canal out by Ideal Beach want a number or name for the road. They are requesting Pelican Lane. There is not another Pelican Lane in the county. Council Member Seiler will call the County Recorder and order the street sign.

Street Signs

Council Member Seiler explained the new street signs, we are going to have white on blue signs, which she has already ordered. There are many cities that have color street signs other than white on green. All the Council agreed to go with white on blue.

Council Member Seiler met with LTAP and they can measure our Town streets for our B&C road report. They won’t charge us anything to do that. They will also provide us with a maintenance schedule.

Town Roads

Hodges Canyon Road is on hold because we can’t get the survey. We do have 2 bids for cutting down the trees, which range from $5,000 - $7,000. Mayor Hansen suggested that we ask what Darin Lutz or Troy Petersen would charge us to dig around the roots and push them over. We could just pile them up and burn them. That would take care of the stumps. We need to be careful with safety. Council Member Seiler can get a telephone bid from both of them. We need to take them all down, some of them are dangerous because they are dead and hollow. We can’t do anything until we get the survey done.

Mayor Hansen said that we need to work with Mr. Mecham on the drainage that comes down that road and help come up with a catch basin for the drainage. Mr. Linford is working on the drainage issues.

Mayor Hansen said that all the roads in Cherimoya will be paved soon. They just need to widen the roads a little bit more.

Sidewalks

We have a credit with LeGrand Johnson and we will use that credit this fall.

Discussion regarding contractors purchasing water supplies

It was explained that sometimes the contractors come into the office if they are missing a part that they need. They take the part and either replace it or we bill them for the part. It is suggested that we charge a fee because of the time it takes to do the billing, ordering and stocking for the part. The Council agreed that we should charge cost plus 10% if we have to bill them.

Discussion regarding signs that are off-premises but have been in place for years

The lease on the sign for Bear Lake Memorial Hospital is up and they would like to renew the lease. The sign is now on Town property so they will need to remove the sign, it is where 3^rd west will go and it is against the Town ordinances.

Discussion regarding holding church services at the Garden City Office

Council Member Satterthwaite asked if that is a problem with separation of church and state. Mr. Gerald Hunsiker is requesting they be allowed to hold their church services at the Garden City Office. He passed out a memorandum listing court cases that have been won in favor of the church. They would like to put up a sign that they are meeting here and then take it down once the meeting is over, no permanent sign. Mayor Hansen said that he is not sure that we have enough information until we check with our attorney. The Council agreed. Council Member Satterthwaite said that there may be liability issues. This is already a rental property that we rent to other units. Council Member Gray said that we need to get the opinion of the attorney.

BUILDING INSPECTORS REPORT

Mr. Cannon passed out his report. He explained that there are a lot of people living in their residences and not getting an occupancy permit. The Building Inspectors are putting a stop work order on their house and they have to get a new permit, which costs half of the original permit fee. Mayor Hansen said that he has had a conversation with someone that has complained about this. Mayor Hansen said that the Building Inspectors are right and we need to make sure the houses are safe. They have renewed 7 of them in the town and 15 of them in the county.

Mr. Cannon explained that the state law allows for them to charge full permit fee to renew but we are just charging half of the permit fee. Council Member Satterthwaite asked if we can charge less than what the state code says. We can’t be less restrictive than state code. Mr. Cannon will check with the building code to make sure he is charging the appropriate fee.

COUNCIL MEMBER REPORTS

Council Member Gray said that, following Raspberry Days, we need to look into having yard sales, etc. What defines a yard sale? Council Member Satterthwaite said that some cities have passed ordinances to deal with it. We will check with other towns to get a sample of how they handle yard sales.

Council Member Satterthwaite said that a resident called her and wanted to know what is wrong with our Town that we would turn down $20,000 to the library and the town office building. It was explained that the grant came up really quick and during the busy time of the summer and the Clerk didn’t get it done. Council Member Seiler suggested that if that happens again the Clerks should ask for help.

Council Member House said that there were a lot of people here in Town for Raspberry Days.

Mayor Hansen explained that there were a lot of law enforcement during Raspberry Days and they issued a lot of tickets.

PAYMENT VOUCHERS

The Council reviewed the payment vouchers and invoices. They signed the checks and vouchers as presented.

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