KAMAS CITY COUNCIL MEETING

Transcription

1 MINUTES KAMAS CITY COUNCIL MEETING WEDNESDAY, MARCH, 0 :00 p.m. Kamas City Hall, N. Main Kamas, UT 0 Mayor Lewis Marchant opened the meeting welcoming those in attendance: COUNCIL MEMBERS: Dan Littledike, Kevan Todd, Diane Atkinson, and Rod Smith. Councilor Rod Atkinson was excused. STAFF: City Planner, Jackie Blazzard; City Recorder, Kim Peacock; City Building Inspector, Greg White; Public Works Director, Gary Siddoway; Chief of Police, Adam Jones. OTHERS IN ATTENDANCE: Cedar Jordan, Bob Dillon, Jack Walkenhorst, Kevin Priebe, Pete Gillwald, Greg Winterton, Mark Fischer, Heber Steed, Kim Steed, Tony Lambeth. OPENING CEREMONY, INVOCATION/READING/THOUGHT Invocation/Reading/Thought by Councilor Dan Littledike Mayor Lewis Marchant led the public in the Pledge of Allegiance. WINTERTON S & PRIEBE S/KAMAS INN COMPLAINT REGARDING NEW ALL WEST COMMUNICATIONS BUILDING. Mayor Marchant welcomed Kevin Priebe from the Kamas Inn. Mr. Priebe explained this is the second time coming to City Council regarding All West Communications in the past months. Mr. Priebe explained All West has done what they told him they would, but now there is a new noise. They started a new generator last Monday that is a lot louder than the first noise. The noise is where Mr. Priebe s customers go to relax in the summer. He can t have this. The vents are pointed directly at his property. Mr. Priebe doesn t see a solution. After some research he has found the building inspector can come back to do another inspection. All West has told him this will run only minutes a day. If the power goes out this noise will wake up the whole neighborhood, why wasn t this put in a different location? Greg Winterton stated the new fans are so loud he first noticed the noise when he was in the shower. Kamas City has a sound ordinance. Is this within the ordinance? Has there been an environmental study done? There are two nesting owls in the tree right next to this. Who decided this would be acceptable in a residential area. Page March, 0

2 0 0 0 Jack Walkenhorst from All West explained they did not do an environmental study. They came to get a building permit in April of 00. The location of the new building is right next to the building they are backing up. All West is willing to cut back during the day, but the generators will kick on if the power goes out. They are each 00kw. Mayor Marchant asked if they could adjust how often they run these. Mr. Walkenhorst explained they would like to exercise them to make sure they will run when they are needed. They can set the time of day and how long they run. Mr. Walkenhorst explained they need to run for at least 0 minutes. Mayor Marchant asked Greg White about his inspections. Greg explained All West went through the proper building permit process. He has not been there when the equipment is running; this is not part of the building inspection process. This is an emergency backup system for the utility company. They need one. There is nothing within the building code that would not allow this. Jack Walkenhorst explained the reason for the building was to try and minimize the noise of the generator. Greg White asked where the noise was coming from. Mr. Walkenhorst explained the vents are facing Mr. Priebe s property. Mr. Winterton said he hears the fans running, not the generators. Mr. Winterton asked if these fans could be relocated to the parking lot. Mr. Walkenhorst explained why they could not. Councilor Todd asked Mr. Walkenhorst to go back to All West. All West is in a unique location. The town has grown around them. The homes have been there a long time. Councilor Todd feels All West can take care of this problem. The City is very particular in the codes when commercial is abutting with residential. Councilor Todd feels this can be worked out. Mr. Walkenhorst explained it can be very difficult to relocate the generators, but he will research a solution. Councilor Todd feels All West took care of the first noise complaint, they can work out this problem and advised them to be more aware of the residential area when they do any more projects. Councilor Smith asked if the time intervals could be less until this can be fixed. Mr. Walkenhorst suggested running the generators once per month for now for 0 minutes. The council felt this was fair. Kevin Priebe feels this noise needs to be taken care of. This will hurt his business. It doesn t matter what time it is running. It is too loud. Mr. Priebe feels a decibel test needs to be done because the noise is off the charts. Greg White explained there are some ways to build some barriers and he is willing to work with Mr. Walkenhorst. Mark Fischer suggested adding a water feature to Mr. Priebe s property. This will help with the noise. He has been in this same situation before. Mayor Marchant asked that Greg White work with Jack, and All West could take care of this problem. If there is not a solution Mr. Priebe can then come back to the council. Mr. Priebe asked Mr. Walkenhorst to have the time at :00 so that it will not conflict with his business as much. :0 p.m. Page March, 0

3 0 0 0 HIGH STAR RANCH DISCUSSION AND POSSIBLE APPROVAL TO AMEND THE DEVELOPMENT AGREEMENT. Mayor Marchant explained he has spent a lot of time reviewing this agreement. The Mayor has found in the original agreement that any changes to material amendments will require a public hearing. Because of this the council will not make a decision tonight. Secondly, the council has not had sufficient time to review these amendments. We just received another amendment yesterday. There is a lot to digest. This will be a discussion tonight with no decision being made. Mayor Marchant has some concerns. We have annexed this in to the city. We want this to succeed. We don t want the city to be stuck with this. Some of the amendments that are being proposed are concerning. Mayor Marchant feels he has gone out of his way to work with High Star Ranch. Mayor Marchant feels there are too many things that are being asked for that the council and mayor are not comfortable with. Bob Dillon explained he was assigned to lead this discussion tonight. He would like to go through this with the council to explain why they made the changes they did. He would like to give the legal theory and rational behind every change. Mayor Marchant asked Mr. Dillon to start at the beginning and the council will interrupt when they have comments or questions. Mayor Marchant explained he is very upset and feels there is a lot being proposed that he is not happy with. Mr. Fischer explained he has been operating under a no surprise rule. Mr. Lambeth asked why this was taken out of Marion and put in to Kamas. This is taking the water table away from Marion. Mayor Marchant explained this has been through all the legal process and is now annexed in to Kamas City. Bob Dillon explained over the past days there has been a lot of time and effort going in to this project. There has been discussion as a luxury hotel company has approached them. High Star has not struck an agreement, but they have hired their architect to design their village. They want to tear down the existing farmhouse and build a,000 sq ft lodge to introduce the quality and type of development this will be. Mr. Dillon has to be able to write condo docs. This is why this was added in the amendment. There needs to be a,00 sq. ft. livable space to present the project. This is why they changed from,00 sq ft. Mr. Fischer stated most of the changes made in this amendment are because of this hotel company. Mr. Dillon started reading through each paragraph to explain the new amendments with comments from the council. Mayor Marchant explained the he is leaving the legal ramifications up to David Church. It is the concept ramifications that the council is concerned with. Mayor Marchant wants this project to be successful, but at the same time there is a heritage in this valley that the ranch is going to change. Mayor Marchant does not want this to look like Park City. Mr. Dillon explained the architect is going to design these buildings to look like they were built in different periods of time. Councilor Todd does not want to drive in to the valley and see a butchered up hillside with structures scattered. Mr. Fischer explained the density is not on the hill. This will Page March, 0

4 0 0 0 not happen. Councilor Smith stated this started out as a ranch western property and seems to have changed to a fancy Park City or New York property. Councilor Smith wants it to stay an equestrian property. Mr. Fischer stated this is going to be a very nice architectural development. Mr. Dillon proceeded to go through the amendments. Councilor Littledike commented he does not like the trade off amount of units because of the impact on the sewer it will cause. Each amendment was discussed in detail. Mr. Dillon will return the changes discussed. There will be a work session scheduled on April th, the public hearing will be April th. : p.m. DEPARTMENT REPORTS MAINTENANCE Gary Siddoway asked the council what they would be doing with the grills at the hamburger shack. Councilor Littledike explained he would be taking care of these. Gary Siddoway also asked if we were going to do spring clean up. The council agreed to do the same as last year. This worked out well. Councilor Todd asked Gary to get another bid from Humpty Dumpsters. Scott Kettle explained he has been talking with David Church regarding High Star Ranch fees. The ranch feels the city will benefit more from commercial, so Scott feels they are expanding their CG zone. Scott recommended if they are expanding we should ask for more. After talking with the attorney, the original fees were set from the original agreement. They are now proposing more, maybe we could get more money for ERU s. David said if they re opening up the agreement they re asking for more. Everything is getting bigger. They are impacting the sewer more if there is more commercial than originally agreed upon. Scott will be doing more research. APPROVAL OF MARCH, 0 CITY COUNCIL MEETING MINUTES MOTION: Councilor Kevan Todd moved to approve meeting minutes dated March, 0. Councilor Rod Smith seconded the motion. The vote was unanimous, all council members in favor. APPROVAL OF INVOICE REGISTER DATED MARCH, 0 MOTION: Councilor Rod Smith moved to approve the Invoice Register dated March, 0 Councilor Diane Atkinson seconded the motion. The vote was unanimous, all council members in favor Page March, 0

5 ADJOURN MOTION: Councilor Diane Atkinson moved to adjourn at : p.m. All Council members in favor The content of the minutes is not intended, nor are they submitted, as a verbatim transcription of the meeting. These minutes are a brief overview of what occurred at the meeting. Approved on the th day of March, 0. Lewis P. Marchant Mayor Kim Peacock City Recorder Page March, 0