Ferron City Council Meeting and Public Hearing Minutes 7-27-2018
Council Chambers - Ferron City Hall
20 East Main Street, Ferron, Utah
Phone - (435)384-2350 Fax - (435) 384-2557 Web - ferroncity.org
PRESENT: Mayor Adele Justice Council Member Randy Fox
Council Member Brad Richmond Council Member Wendy Price
Council Member Joe Trenery Council Member Dell Mead
OTHERS PRESENT:
Tami B Bennett, Treasurer Dusty Justice Lane Justice
Sid Swasey, Maintenance Tyrell Justice Terry Seely
Rick Price, Maintenance Grant Nelson JD Seely
Robert Burke Maurice Anderson David Morgan
Kollette Cologie Mike Cologie Maude Killpack
Bruce Fish Cherie Garrett Russ Mead
Ayrianna Mead Tina Service Stephen Snow
Heidi Bowden Gil Bowden Diana Ralphs
Michael Ralphs Brett Tennant Christy Deto
Amy Deto Jordon Deto Monte Mower
Janice Snow Clifford Snow Joy Bloomer
Dillan Bloomer Jeremy Guymon McKenzi Guymon
Jessi Jones Whitney Jones Jeff Thomas
Max Anderson Vickie Anderson Landon Thomas
Craig Nielson Cynthia Nielson Jared Snow
Debra Hancock Stewart Behling Brawny Killpack
Marissa Killpack Gary Washburn Sally Washburn
Rose Teets Kyle Singleton Mark Chamberlain
Stephanie Chamberlain Layci Thomas Edie Campbell
Don Campbell Hallie Dallas
Valynn Nelson Kelly Howes Bryce Synderqaard
Mickey Syndergarrd Jared Howes Leigh Bloomer
Justin Snow Lonnie Zwalhen Julie Pazzito
Gene Pazzito Cameron Swasey Stephanie Reaves
Kylie Reaves Dustin Deto Brooks Behling
Cory Worwood
1. CALL TO ORDER, ROLL CALL, WELCOME & PLEDGE OF ALLEGIANCE
Mayor Justice called the meeting to order at 7:00 p.m. and welcomed everyone.
The roll call noted the following: Present: Council Members Fox, Richman, Price, Trenery and Mead
Council Member Mead led the Pledge of Allegiance.
CONSENT AGENDA
2. APROVAL OF MINUTES FROM MEETING DATED JUNE 21, 2018.
Council Member Fox moved to approve the minutes dated June 21, 2018. Seconded by Council
Member Price. The motion carried with Council Members Fox, Richman, Price, Mead, and
Trenery voting aye in a roll call vote.
GENERAL BUSINESS / DISCUSSION ITEMS
Mayor Justice gave an update on the secondary water. We have been successful. As of now, it looks like we will have secondary water until the first of September. That is longer that we anticipated. She and the council would like to thank everyone for conserving water so far this year.
3. PUBLIC HEARING
Council Member Fox moved to enter the Public Hearing. Motion seconded by Council Member Richmond. The motion carried with Council Members Fox, Richman, Price, Trenery, and Mead voting aye in a roll call vote.
Mayor Justice asked that everyone present please sign in if they haven't before they leave. Because this is a public hearing we need to have everyone's name. Also, everyone that would like to speak would have two minutes to do so and that they would only be allowed to speak once.
Mayor Justice gave some background information. The mayor and council were approached by a citizen to purchase property owned by the city to put in a gas station. That piece of property was purchased by the city for the purpose of economic development. The property is located on the northeast corner of 100 South and State St. The city has offered the property to several franchises but have not been successful. The private citizen would like to have the city help him get going on his business and so that is why we are having this public hearing. To hear from the citizens. This is your opportunity to speak and hear what you want to happen with your property. It is owned by all the citizens of Ferron. She then opened the meeting to the public's comments.
Justin Snow: He really appreciates the support of the city. He wants to help the citizens. He is ready to go. He's hoping for some backing to get it to go.
Dave Morgan: We need a gas station for not just him, but the whole town. We need something here now. It will benefit everyone.
Kollette Cologie: Competition is good. New business is good.
Lonie Zwahlen: He is ready to donate his part of the property to help Justin out. He will do whatever he can to help.
Russ Mead: He supports Justin. It's hard to drive a truck to Castle Dale and back.
Gil Bowden: He supports 100% Justin's desire to do a gas station. There are a lot of rumors out there that are wrong. He sold Gilly's in 2007. He has tried for three years to get it back. He tried foreclosure, but now it's in bankruptcy. Someone called the attorney general and that has help him get some things straighten out about why this thing has taken so long. So, he thinks things will be solved pretty quick. For now, they won't let him operate it. He's hoping that in a few months things will be solved and he will be operating it. He worries about two gas stations. There is a gas station across the highway that has had a leak and they can't afford to fix it. There is a leak at Gilly's and it will cost a lot of money to fix it. His concern is, why would the city want to lease something that has a potential problem. Don't lease it. You don't want your hands tied up like the two problems across the street. You don't know what will happen in the future. Maybe he will sell it. The city needs to clean our hands of it. When he bought property from the city in 1989, they checked on the value of the property and he paid the value of it. We need to sell it for the value and use the money to build bathrooms for the stock show and other events. He understands that everyone here supports it but giving him the property for nothing will not help him any more that giving it to him for the full price. We have had other businesses here in town that have closed. If we are going to support him that's what we need to do. Some people will, but some will go to Castle Dale. If we want to keep him here, we need to support him even if he cooks a hot dog that's not right. We have to support him to keep him here.
Robert Burke: He wanted to know how much property there is. Also, if the pumps will be above or below the ground. He is one of the people that looked at buying Gilly's, but it was way out of his reach and he was worried about the gas leak that is there. He said that we need a gas station. He ran a station in West Valley City and knows there is no money in gas. You need to have something else to draw them in. He shops in Ferron and he wishes Justin the best. Robert was told there is .80 acres
Don Campbell: What will happen if the other stores open back up with gas. Why did it take Justin sticking his neck out for the other businesses to start working on getting gas again? What guarantees will we have to help him. He stated that he knows competition is good. Where Justin is putting his whole livelihood out there, is there anything the city can do to tell other businesses to hold off selling gas until there is more revenue coming into the town or until there is more people.
Mayor: The city attorney said the city can pass an ordinance that no other business would be given a license to sell gas for a certain period of time or until the population gets to a certain number. We could lease the property to him with the stipulation that if he didn't make it the property would come back to the city. There are things we can do to help Justin. This is the whole city involved in this and we need to hear from everyone. We would love suggestions that people would have because we want Justin to succeed. Our ambulance needs that service, our fire department needs that service, the sheriff's office needs that service, everyone in the town needs that service. The question was asked if the city would buy gas from Justin and the mayor said we would. We bought our gas from Gilly's before and we will support anyone that comes to this town.
Terry Seely: Can we stop existing businesses from having gas? The mayor said on the advice of the attorney we could. Any business that closes and then reopens has to relicense with the city.
JD Seely: The potential buyers of Main Street Market was going to put gas in. He said the EPA has 'no further action required' according to Jim Behling. Mr. Bowden agreed. Gil said he has been told that by the attorney general, Jim Bowers. Mr. Bowden asked for clarification on the restriction of only one gas station in Ferron
Mayor: The mayor reminded him that he had had his turn, but that decision is the councils to make. No decision has been made.
Stephanie Reaves: As a person driving through, she would like gas. She hears at work of people that want to support local businesses. She feels that he deserves that 'no compete' to help him get on his feet.
Heidi Bowden: She said they have been in this town for 46 years. She explained their history for Gilly's. They have supported the local businesses. Mark Benson did well for a while, but they couldn't make it because they did not have the support of the towns people, just like they didn't have the support of the towns people. Big chain convenience stores have been offered the property, but they won't take it. Why would the city offer it when the people haven't supported it?
Lane Justice: I own the property. I would love to give my part of it to Justin. Out of the area people are coming and we have to tell them to go to Castle Dale to get gas. We have no gas here. We have to try something. For the stock show, they sent a letter to people telling them they needed to bring their own gas. It's so sad that we have to tell people that.
Jared Snow: He works at the State Park. Campers ask him, 'Where do we go for gas?'. He has to tell them to go to Castle Dale. He supports his dad, Justin, 100%.
Jesse Jones: He works for the Service District. The wave of support is tremendous. The idea of a new gas station is a breath of fresh air. Justin is a good business man.
Kelly Howes: He likes the idea of bringing new businesses into the community. He and his brothers bought the building next to the bank. They have been working of what to put in there. We need gas. We need to support people who will do a business.
Jared Howes: He is not from here, he has no biased opinion. He is from St. George. He likes the friendly, nice, family feeling here. He gave Gilly's support, but the owner soured. He was mad at the town. That has contributed to his downfall. We need to support our town.
Amy Deto: She spoke for her dad. They support Justin.
Ty Justice: He will support Justin.
Ronny Bloomer: 100% hats off to Justin. We need to help our economy. He served 10 years on the council. He has seen that we live here for a reason, that of a small town. It's embarrassing to have all the people come for the stock show for 78 years, and now we have no gas for them, along with other groups. We need something operating to help us be stabilized as a community. We have old businesses that are eye sores that need to be cleaned up. The city bought that property to clean it up and have it available for economy growth. We need to support whatever goes in there.
Cherri Garrett: We are losing people coming in because there is no gas.
Landon Thomas: He just moved back home. There is no gas to fill up his 4-wheeler. He goes to Castle Dale for gas, he also picks up his groceries at Stewarts because he is already there. If Justin can bring a little money into his pocket, that's fine with him.
Michael Ralphs: He appreciates Gil's situation with Gilly's. He asks that the decision be fair to all the citizens and other businesses.
Marty Mower: There was all kinds of business here when he was young. He has helped others to get gas. We need to go forward. We will support all.
Stephanie Chamberlain: We need to support business in spite of everything that may happen, even if we don't like them.
Debra Hancock: The reason Gilly's didn't have business was because there was no gas.
Kristi Deto: She has lived here 22 years. If we want to keep our families here, we need to have something here for them. The truck drivers would like to have a business that was open later hours. She and her family support a new gas station.
Bruce Fish: He asked what brand of gas he will have. Justin said he is trying to be independent.
Council Member Randy Fox: The council members work many hours to make sure things are right in Ferron. We used to have lots of businesses here. We need to support local people.
Council Member Richmond moved close the Public Hearing. Motion seconded by Council Member Mead. The motion carried with Council Members Fox, Richman, Price, Trenery, and Mead voting aye in a roll call vote.
4. CONSIDERATION TO ENTER AN AGREEMENT WITH JUSTIN SNOW
The mayor stated that this is the council's opportunity to decide whether or not they want to enter an agreement with Mr. Snow with the property. They did not need to have the full details of an agreement now. They can discuss it and decide of the details and then we can work with our city attorney in doing so, or they can choose not to. Council Member Price made a motion to do it and work out the details later so Justin can start right away. Council Member Richmond stated that in all fairness for those people present we should talk about the specifics now so they will be somewhat informed. The Mayor stated that we paid $55,000 for the property. She said that they could lease or sale with different options. Council Member Fox made a motion that we sale the property to Mr. Snow and that the city remains the lien holder so that payment would come to us. If the deal fails then the property will come back to us. That motion was tabled for further discussion. Council Member Price suggested that we do a deferred payment for him so that he can get on his feet first.
Council Member Fox moved to go ahead and enter an agreement with Justin Snow for the purchase of the property with a clause that if he defaults the city would purchase the property back for the price paid and that the payments would be deferred for a period of time. Those details would be worked out later. Seconded by Council Member Trenery. The motion carried with Council Members Fox, Richman, Price, Mead, and Trenery voting aye in a roll call vote.
Council Member Price moved to have a no-compete ordinance for gas stations. Seconded by Council Member Trenery.
Council Member Richmond said he wanted more discussion on the motion before voting on it. He voiced his support for Justin, but he believes that competition is good. He does not like to see government meddle in the affairs of this type of thing if it is not necessary. He is not in favor of putting a moratorium on this or any other kind of business. The mayor said that is something that would take some time before we could get that done. The mayor then called for a roll call vote.
The motion carried with Council Members Mead, Price and Trenery voting aye and Council Members Richmond and Fox voting nay.
The mayor then explained that the no-compete ordinance will come back for more discussion at a later time. This vote does not mean that the ordinance just past.
23. ADJOURNMENT
Council Member Fox moved to adjourn the meeting. Motion seconded by Council Member Richmond. The motion carried with all voting aye. Meeting adjourned at 8:23 p.m.
Notice of Special Accommodations (ADA)
The public is invited to attend all City Council Meetings. In compliance with the American Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify City Recorder, Jaime Anderson, at (435)384-2350 at least 24 hours prior to the meeting.