Meeting Minutes July 2005


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