KAMAS CITY COUNCIL MEETING

MINUTES 0 0 0 KAMAS CITY COUNCIL MEETING TUESDAY, JULY, 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, Rod Atkinson, Diane Atkinson, and Rod Smith. STAFF: City Planner, Jackie Blazzard; City Recorder, Kim Peacock; Public Works Director, Gary Siddoway; City Engineer, Scott Kettle; and Police Officer, Brad Smith. OTHERS IN ATTENDANCE: Shana Fryer, Shaneal Fryer, Shayle Thompson, Lilly Fryer, Marcia Leavitt, Gus Sharry, Ben Martin, Julie Viar, Heber Steed, Kim Steed, Cheryl Fox, Carson Chambers, Margaret Vallejo, Stephen Hart. OPENING CEREMONY, INVOCATION/READING/THOUGHT Invocation/Reading/Thought by Councilor Rod Atkinson Mayor Lewis Marchant led the public in the Pledge of Allegiance. INTRODUCTION OF THE 0 FIESTA DAYS ROYALTIES Mayor Marchant welcomed the 0 Fiesta Days Royalties. Rodeo Queen: Shaneal Fryer st Attendant: Shayle Thompson Fiesta Queen: Marcia Martell Leavitt Not in attendance st Attendant, MaCae Bonner; nd Attendant, Ellie Farmer GUS SHARRY, KAMAS WEST SUBDIVISION PHASE II, PRELIMINARY PLAT APPROVAL Jackie Blazzard read through her staff report as follows: The Kamas City Council discussed an application for preliminary plat approval for the Kamas West Phase II Subdivision on June, 0. The Council had many concerns regarding the development of the property. Most of the concern dealt with the property being in a wetland area and the floodplain of Beaver Creek. A site visit was held on June, 0 so the council could see firsthand where the development/home sites would be Page July, 0

0 0 0 located. Since the site visit, the elevation of the homes on Lots & has been raised about foot. The developer is proposing a retaining wall along the present fence line on Lot to further separate the home from the jurisdictional wetlands. The original application was for an eight lot subdivision. With the adoption of the new Kamas City Land Use Ordinance in March 0, the number of lots was reduced to seven in order for the applicant to meet the building setbacks from the stream. The applicants have received the re-verification from the Army Corps of Engineers for the Kamas West Phase II Subdivision. There are three wetland preservation parcels within the subdivision that must be recorded with Summit County by August, 0. These parcels comprise about 0. acres of the. acre development. Wildlife friendly fencing around the entire perimeter of the preserve is required. Any part of the development that affects riparian areas along the stream banks must be remediated to minimize impacts on water quality. A copy of the re-verification letter has been submitted. Mr. Ben Martin, an abutting property owner, addressed letters to staff and the Kamas City Council regarding the validity of the verification of wetlands on the parcel. Mr. Sharry has responded to these letters. Copies of the responses were distributed to the City Council about two weeks ago. Concern regarding possible flooding in the subdivision resulted in a call to David Church, the Kamas City Attorney. He assures that the city cannot be held liable for any damages due to flooding as a result of natural causes. The applicants for this subdivision have been unable to make contact with Mr. Rob Martin regarding utility easements west of the subdivision. In the approval process for the Willow Brook Subdivision in 00, the council chose to go through legal channels to provide gravity flow sewer and to loop the water lines for the subdivision. With the approval of this preliminary plat, the council will also need to decide whether to proceed with the condemnation process for the utility easement. The Planning Commission has forwarded a positive recommendation for approval of the preliminary plat for the Kamas West Phase II Subdivision to the City Council. Mayor Marchant welcomed Gus Sharry for comments. Mr. Sharry explained that the ditch in lot # will be fixed. This ditch will be decommissioned one of two ways. After meeting with Beaver Shingle Creek Irrigation Company they will either pipe it to Beaver Creek on site from the property or divert it at the head works and will be working with Beaver Shingle Creek Irrigation Company to make this happen. There will be no flooding on the Viar property. The ground has been raised so the crawl spaces will now be at or above existing grade. There will be a -foot wall to step down from lot # to preserve the North East section of this lot. The site has been cleaned up. The wetlands permit has been obtained. The project meets all local requirements. Page July, 0

0 0 0 Councilor Smith asked which options on the ditch they are leaning towards. Mr. Sharry explained they would like to cut it at the head works and work out the construction with Beaver Shingle Creek Irrigation Company. Councilor Littledike feels it would be easier to deal with the easement to loop the lines on Rob Martin s property if he would communicate. Scott Kettle explained if we want to go ahead with condemnation we start with the process. The plan is to try and talk to Mr. Martin again and work things out. We would need to invite him to come to one of our meetings and give him plenty of notice. Councilor Smith asked if it were possible to keep the easement on the west of the development. Scott Kettle explained we could, but it would work out better not to have the lines in the backyards of property owners. Councilor R. Atkinson is still concerned about the water even with the Army Corps of Engineers approval. Is there any way we can inform the owners about the flood area when they apply for a building permit and have them sign something. Jackie Blazzard explained this is something that has been done before in Grassy Creek. This is called a memorandum of understanding. Councilor R. Atkinson would like to see this done. Ben Martin asked in filling the irrigation ditches, the water would be directly above his home. There are concerns with the new water pressure running towards his home. This development will change the water flow. Councilor D. Atkinson asked Mr. Martin if he is using the irrigation water or is he just worried about the flooding. Mr. Martin explained he is concerned about the flooding. Julie Viar showed the council pictures of her property which flooded years ago. If the City is not held liable, who does she see when this happens again? Mayor Marchant explained they have all seen the water down there and this was their choice to live in Beaver Shingle Creek Irrigation s flood plain and doesn t feel this development will affect what the water is already doing. Gus Sharry explained to Mrs. Viar how she would see more water. Mr. Sharry assured Mrs. Viar the three ways this could happen will not be happening in this development. MOTION: Councilor Dan Littledike moved to accept the preliminary plat for Kamas West Phase II Subdivision on behalf of Ron and Mechelle Harrington with Gus Sharry, with the provisional information included in the staff report. Councilor Smith explained the reasons for his concerns of this development were because of the water, he was afraid of the lots being too low and the concerns people were worried about. Councilor Smith feels Mr. Sharry has addressed all the issues in a satisfactory way to the City and doesn t feel we can hold them back any longer. Councilor Todd asked if we needed to add the condemnation to the motion. Councilor Littledike amended his motion to include for the City to proceed with the condemnation process for the utility access of Rob Martin s property. Page July, 0

0 0 0 :0 p.m. SUMMIT LAND CONSERVANCY DISCUSSION Mayor Marchant introduced Cheryl Fox, the Director of the Summit Land Conservancy. Ms. Fox explained they want to save open space in Summit County. Ms. Fox would like to talk to the council about High Star Ranch. The developer of High Star Ranch approached Summit Land Conservancy. They have been working on two different easements for the developments. One in the front of the property which is an agricultural easement, and one open space easement on the upper part of the development. Summit Land Conservancy is a non-profit organization. Summit Land Conservancy will come back in the future to make sure the land is being used in the appropriate way. Once the City decides what they want to have in the agreement, the City will then let them know and it will be put in the easement. The negotiation is between the City and the developer. Mayor Marchant asked how long this takes once the agreement is approved. Ms. Fox feels within a month. They have already drafted an easement and the attorney s are reviewing them. Councilor Smith appreciates what they are doing because he in favor of open space. Ms. Fox explained how the organization got started. They have raised money to buy easements. They receive funding from individual contributions and a little from Park City Municipal. Councilor Todd asked once they are put in to an easement, who maintains them. Ms. Fox explained the land owners are in violation if they don t take care of the property and can be taken to court. : p.m. DEPARTMENT REPORTS MAINTENANCE The roads have been getting overlaid and they are now getting ready for Fiesta Days. Councilor Smith asked when the Kamas City rock would be put in the front of the City Hall. Gary s plan is to start tomorrow. Scott Kettle explained the pre bid meeting for the Hawthorne water line project was this morning. Beaver Shingle Creek Irrigation Company wants to pipe the ditch, which will help with drainage. Councilor R. Atkinson asked if out of courtesy could Beaver Shingle Creek Irrigation Company contact the property owners. Scott Kettle explained he is going to require them to since this is their decision. Councilor R. Atkinson asked if there was anything going on with Family Dollar. There is a rumor of the City suing them. Mayor Marchant and the council have not heard anything and the city is definitely not suing Family Dollar. Page July, 0

0 0 0 FIESTA Councilor D. Atkinson distributed an email from a company that wants to do some filming at the rodeo. The council felt this would be fine if it did not interfere with seating or views. Tomorrow night the shack will be cleaned. Anyone is welcome to come help. Councilor D. Atkinson updated the council on what to expect for the celebration. APPROVAL OF THE JUNE, 0 CITY COUNCIL MEETING MINUTES MOTION: Councilor Rod Atkinson moved to approve the City Council meeting minutes dated June, 0. APPROVAL OF INVOICE REGISTER DATED JULY, 0 MOTION: Councilor Diane Atkinson moved to approve the Invoice Register dated July, 0. Councilor Rod Atkinson seconded the motion. ADJOURN MOTION: Councilor Rod Atkinson moved to adjourn at :0 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 July 0. Lewis P. Marchant Mayor Kim Peacock City Recorder Page July, 0