KAMAS CITY COUNCIL MEETING

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1 MINUTES KAMAS CITY COUNCIL MEETING TUESDAY, MAY 1, 01 :00 p.m. Kamas City Hall, 10 N. Main Kamas, UT 0 Mayor Marchant opened the meeting welcoming those in attendance: COUNCIL MEMBERS: Councilor Dan Littledike, Kevan Todd, Diane Atkinson, Rod Smith, and Mike Crystal. STAFF: Recorder, Kim Peacock; City Planner, Jackie Blazzard; Public Works Director, Gary Siddoway; Chief of Police, Brad Smith. OTHERS IN ATTENDANCE: Scott Kettle, Richard Weller, Paul Weller, Mike Weller, Monkey Eubanks. OPENING CEREMONY, INVOCATION/READING/THOUGHT Invocation/Reading/Thought by Mayor Lewis P. Marchant Mayor Marchant led the public in the Pledge of Allegiance. PUBLIC HEARING TO DISCUSS THE PROJECT DETERMINED TO BE APPLIED FOR IN THE CDBG SMALL CITIES PROGRAM YEAR 01. THE APPLICATION IS BEING MADE TO UPGRADE THE KAMAS CITY WATER SYSTEM ALONG 00 EAST. Mayor Lewis Marchant opened the second public hearing for the CDBG program. Mayor Marchant stated that this hearing is being called to allow all citizens the opportunity to provide input concerning the project that was awarded under the 01/01 Community Development Block Grant Program. The City s capital investment plan allows us to apply for funds on behalf of doing water projects. The Mayor introduced Kamas City Engineer, Scott Kettle, the designated Project Manager for the project. The Mayor and Scott Kettle explained that the application was successful in the regional rating and ranking process for the project for approximately $10,000. To those in attendance, the Mayor explained that this project will include replacing old water lines that have had several leaks along 00 East. The Mayor then asked for any comments, questions, and concerns from those in attendance. The Mayor stated that copies of the capital investment plan are available if anyone would like a copy. There were no comments and the hearing was adjourned. Page 1 of

2 MOTION: Councilor Rod Smith moved to accept the awarded CDBG grant and move forward with the water system project. Councilor Dan Littledike seconded the motion. Mayor Marchant called for a roll call vote: Councilor Rod Smith, Councilor Mike Crystal, Councilor Kevan Todd, and Councilor Dan Littledike voted aye SIMPLE LOT SUBDIVISION REQUEST BY WELLER RECREATION LOCATED AT W. SR, PARCEL KT- Jackie Blazzard read through her staff report which stated Weller Recreation has turned in an application for a simple lot subdivision on Lot KT- in Kamas City. This lot is the center lot of three owned by Weller Recreation that front SR on the highway corridor. It is. acres in size. The purpose of this subdivision is so the applicant can dedicate a 0 right-of-way to Kamas City for a future city street. 1. acres will be taken from the original parcel, leaving.1 acres for the project. The adoption of the new Kamas City Land Use Ordinance has simplified the process for simple lot subdivisions. Section 1. outlines the process. 1. SIMPLE LOT SUBDIVISIONS An applicant may subdivide property by metes and bounds into two () lots or parcels provided the proposed lots or parcels front a dedicated public street and comply with the applicable zone standards. This process should be completed in the following manner: 1. An applicant shall submit an application and applicable fees to the City Planner for a simple lot subdivision that includes at a minimum: a. The name of the applicant or authorized agent and contact information. b. The property address and parcel number. c. The metes and bounds description of the property proposed to be split. d. Any other information that may be required by the City Planner. 1. No building permits will be approved on a lot or parcel until such time as the applicant provides water and sewer hook-ups to that lot or parcel. The applicant will be required to turn in water shares to Kamas City prior to issuance of a building permit.. All other design standards set forth in Chapter 1 General Design Standards for Subdivisions are not applicable to a simple lot subdivision unless specifically required by the Kamas City Council.. Adoption of Final Subdivision Plat Upon a determination that the proposed plat is consistent with the General Plan, meets all Kamas City Subdivision requirements and receives approval from the Kamas City Public Works, the Planning Commission and City Council may approve a final subdivision plat as provided above. The applicant may then have a mylar printed for signatures and recordation. The plat shows applicable signature boxes and a note regarding Kamas being a right-tofarm community. A note should also be added to the plat for cross access. Page of

3 The development agreement between Weller Recreation and Kamas City needs to be finalized in conjunction to the approval of the subdivision plat. The Commission has recommended a street light be placed at the junction of the new street ( West) and SR. They like the one placed at the entrance of the Beaver Creek at Kamas Subdivision, although they understand whatever is placed at this street will need to meet UDOT specifications. The Planning Commission has forwarded a positive recommendation to the Kamas City Council for the subdivision of parcel KT- in order to dedicate a 0 right-of-way to Kamas City for a future city street. Scott Kettle feels we need to talk about the development agreement tonight with the Weller s. Scott distributed a site plan with proposed roads for the Hwy Corridor preservation. Scott Kettle has also been researching the language to add to the cross access agreement. Paul Weller wants control over his own parking lot. He doesn t mind sharing access but wants control of his own private property. Scott Kettle explained there needs to be a note on the plat before it can be recorded. The notes Scott suggested were: Vehicular travel and public utility easement: This easement shall constitute: (1) The reciprocal right of vehicular and pedestrian access by owners and patrons of uses constructed upon each adjacent lot to this subdivision, () the right of vehicular and pedestrian access to the general public, and () the right of Kamas City and other public utilities to construct and maintain water, sewer, storm drain and similar utility systems and facilities, provided that any such utility systems or facilities located on the easement shall not conflict with the use of the easement as a vehicular travel way.. The owners, employees and patrons of each lot within the subdivision and adjacent lots to the subdivision are hereby granted the use of vehicular and pedestrian access over an upon all areas within each lot designated for vehicular and pedestrian use and also the right to park upon any designated parking space located within any lot in the subdivision, not otherwise occupied. Paul Weller feels like we should keep note #1 and get rid of note #. He doesn t feel like he should give an easement to the public on a private parking lot. Chief Smith explained they can help keep people out, but if it is considered a public parking lot there isn t much the police can do to keep people out. Mayor Marchant and the Council after some discussion don t feel note # is needed on this plat. Scott Kettle reviewed the Development Agreement and the Weller Latecomer Agreement with the Weller s and the Council. MOTION: Councilor Mike Crystal moved to approve the Simple Lot Subdivision request by Weller Recreation located at W. SR along with the Development Agreement with the condition that both sides legal counsel review and approve the agreement, with the addition of plat note #1, and note # deleted. Councilor Kevan Todd seconded the motion. Page of

4 Councilor Atkinson arrived at : p.m. CONDITIONAL USE PERMIT REQUEST BY WELLER RECREATION FOR A RECREATIONAL VEHICLE SALES AND SERVICE BUSINESS LOCATED AT W. SR Jackie Blazzard read through her staff report which stated the Kamas City Planning Commission held a public hearing on May, 01 to take public comment for a conditional use permit for Weller Recreation to conduct an ATV & Snowmobile sales and rental business at West SR. General review criteria was reviewed including the adequacy of the site, screening, adjoining uses, traffic circulation and parking, hours of operation, off-site effects (including noise, dust, odors, light, or glare), etc. Signage is yet to be determined. The annexation of property along SR into the Entry Corridor Commercial Zone took place in 00. This was done in the hopes that Kamas City could eventually benefit from the sales tax revenue generated by a business of this type. A six foot security fence will placed around the rear of the property and over to the place of business. The applicant has provided landscaping across the front and sides of the property to meet or exceed that required by the Kamas City Land Use Ordinance. Presently, the only other uses on adjoining properties are agricultural in nature. Ample parking has been designated to meet code recommendation. During site plan evaluation, it was determined that islands in the parking lot would impede large truck traffic associated with the delivery of the snowmobiles and ATVs for the business. The applicants have more than met the required landscape recommendations in the code to make an inviting entrance for their business. A foot minimum landscape buffer has been placed between the front property line and the cross traffic access that is required in the zone. Additional landscaping has been placed along the east and west property lines and well as across the front of the building. Hours of operation will go from am to about pm. These hours may be exceeded from time to time, although they definitely will not exceed the am- pm limits generally accepted as maximum time restraints. Security lighting has been proposed on the building and parking lot. The noise associated with this type of business is a concern, but the Commission felt this could be mitigated through limiting the hours of operation. Turning lanes will be put in on SR for safety along the entry corridor. The specific review criteria for this use includes the hours of operation, a sufficient loading/unloading zone to be located on-site, and the display/storage of vehicles and merchandise needs to be contained on-site. The Planning Commission has forwarded a positive recommendation to the Kamas City Council for the Conditional Use Permit for Weller Recreation with the understanding that the above criteria are met. Paul Weller asked how long the Conditional Use Permit lasts. Mayor Marchant explained it stays with the property forever. Page of

5 MOTION: Councilor Dan Littledike moved to approve the Conditional Use Permit request by Weller Recreation for a Recreational Vehicle Sales and Service Business located at W. SR with the conditions forwarded by the Planning Commission. Councilor Rod Smith seconded the motion. ADOPTION OF CHAPTER OF THE KAMAS LAND USE ORDINANCE FOR ASSISTED LIVING/SENIOR HOUSING OVERLAY ZONE. Jackie Blazzard explained the Kamas City Planning Commission and Kamas City Council have spent several months working through a process to allow an Assisted Living and Senior Housing element into our Land Use Ordinance. We have tried allowing this as a conditional use, incorporating it into a Specially Planned Area and we are now looking at adding this element as an Assisted Living and Nursing Care/Senior Housing Overlay Zone. A draft ordinance was reviewed by the Planning Commission at our April meeting. It has since been reviewed by our zoning ordinance committee. A few minor changes were suggested and those have been incorporated. This draft is included with the staff report for your review. It is also suggested we add definitions for the following terms to our ordinance: Assisted Living Facility Activities of Daily Living Congregate Living Unit Dwelling Unit Elderly/Older Elderly/Senior Housing Nursing Care The definitions for these terms are included with the staff report. To bring our Land Use Ordinance into compliance with Utah State Code, it is suggested we amend our Chart of Uses to show Group Homes as allowed uses in residential districts. The Planning Commission held a public hearing on May, 01 to take comment regarding the addition of an Assisted Living and Nursing Care/Senior Housing Overlay Zone to our Land Use Ordinance. The Planning Commission has forwarded a positive recommendation to the Kamas City Council to add Chapter Assisted Living and Nursing Care/Senior Housing Overlay to the Kamas City Land Use Ordinance, along with the addition of definitions, and making the appropriate changes to the Chart of Uses to meet State Code. Since the public hearing and recommendation from the Planning Commission, the applicants have withdrawn their application. Their proposal is no longer valid. The City Council can adopt, table, or decline to add this chapter to the Land Use Ordinance. Mayor Marchant felt we still need to have this Chapter in place for future development. Page of

6 The Council reviewed this new code. Councilor Todd feels they have gone through this Chapter and written it very well. MOTION: Councilor Diane Atkinson moved to adopt Chapter of the Kamas Land Use Ordinance for Assisted Living/Senior Housing Overlay Zone with the addition of the definitions, and the changes to the chart of uses. Councilor Kevan Todd seconded the motion. Mayor Marchant called for a roll call vote: Councilor Mike Crystal, Councilor Rod Smith, Councilor Diane Atkinson, Councilor Kevan Todd, and Councilor Dan Littledike voted aye TENTATIVE AMENDED BUDGET PRESENTED TO CITY COUNCIL TO REVIEW. Kim Peacock presented the amended budget for for review. The Council reviewed the budget. Mayor Marchant asked Chief Smith to talk to the Council about the police budget. Chief Smith asked the Council for permission to purchase a new police truck for Officer Johnson. He would like to keep the old truck to use as a backup for the use of a reserve officer if needed. Chief Smith is also willing to sell the old truck if the council prefers him to. The Council and Mayor discussed. MOTION: Councilor Kevan Todd moved to give approval to order a new police truck and sell the old truck as soon as possible. Councilor Diane Atkinson seconded the motion. Councilor Diane Atkinson, Councilor Mike Crystal, Councilor Kevan Todd, and Councilor Dan Littledike voted aye Councilor Rod Smith voted nay Motion carried, votes in favor, 1 vote opposed. TENTATIVE BUDGET PRESENTED TO CITY COUNCIL TO REVIEW, ADOPT, AND TO SET A DATE FOR THE PUBLIC HEARING. Kim Peacock presented the amended budget for for review. The Council reviewed the budget. MOTION: Councilor Diane Atkinson moved to adopt the tentative budget presented to the City Council and set a public hearing for Tuesday May, 01. Councilor Dan Littledike seconded the motion. Page of

7 SR CORRIDOR AGREEMENT APPROVAL This item was discussed with the Weller Recreation discussions. MOTION: Councilor Kevan Todd moved to accept the SR Corridor Agreement with the clarification from Scott Kettle to check the distance between the street lights. Councilor Diane Atkinson seconded the motion. CITY CLEAN-UP DISCUSSION MOTION: Councilor Diane Atkinson moved to approve City Clean-Up June th, th, and th under the direction of our Public Works Department. Councilor Mike Crystal seconded the motion. DEPARTMENT REPORTS MAINTENANCE Public Works has replaced services this week and have been working on the ball diamond. They are moved into the new shop. They have discovered a few safety issues. The electrical was installed in the 10 s. Gary Siddoway has received bids to get this rewired the way this should be. The bids range from $,000-$,000. Also, the windows have been knocked out the back of the building from the big trucks. To repair everything that is broke it is $0 per window. This would cost approximately $,000 to take care of this problem. There is a pit to change oil but the setup is not usable right now. Gary Siddoway has received a bid for new oil tanks, hose reels and pumps. This bid is $,000. Also, the light fixtures are the older T1 models. Rocky Mountain Power has a rebate program that will give us $11 per T light fixture, and there are light fixtures in the building. The State has a central GPS located at the shop. They would like to keep GPS there, in trade give the City a subscription to the GPS service. Gary Siddoway feels this will be a big benefit to the City. Page of

8 PLANNING Jackie Blazzard explained that the property located on the west side of Grassy Creek previously owned by Rob Martin is now owned by David Lawson and the Schori family. They will be coming in to the council to discuss annexation. If they come to the City they will only be allowed lots on 10 acres. If they develop through the County they could have double the density. Scott Kettle feels it could also be a benefit to the City to try and get more space for our sewer ponds. Soaring Eagle came in to the Planning Commission last week wanting a building by their well. They were not prepared with plans, and were not aware of the 0 ft. city street. They will have to do some redesigning to make this work for the City. POLICE Chief Smith reported on the police activity going on in the past month. FIESTA Councilor Atkinson received a call from a lady who was very disappointed that we did not have a rodeo queen. Councilor Atkinson listened to her and told her she would take it to the council. The council has all agreed this event is not needed. Councilor Atkinson briefly reviewed the fiesta schedule. APPROVAL OF THE APRIL, 01 CITY COUNCIL MEETING MINUTES MOTION: Councilor Kevan Todd moved to approve the City Council meeting minutes dated April, 01 with one correction. Councilor Mike Crystal seconded the motion. APPROVAL OF INVOICE REGISTER DATED MAY, 01 MOTION: Councilor Dan Littledike moved to approve the invoice register dated May, 01. Councilor Diane Atkinson seconded the motion. ADJOURN MOTION: Councilor Kevan Todd moved to adjourn at :0 p.m. All Council members in favor Page of

9 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 May 01. Lewis P. Marchant Kim Peacock Mayor Recorder Page of

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