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1 MINUTES KAMAS CITY COUNCIL MEETING TUESDAY, OCTOBER, 0 :00 p.m. Kamas City Hall, 0 N. Main Kamas, UT 0 Mayor Marchant opened the meeting welcoming those in attendance: COUNCIL MEMBERS: Councilor Dan Littledike, Kevan Todd, Rod Smith, and Mike Crystal. Councilor Diane Atkinson was excused. STAFF: Recorder, Kim Peacock; City Planner, Jackie Blazzard; Chief of Police, Brad Smith; Police Officer, Jason Johnson; and Public Works Director, Gary Siddoway. OTHERS IN ATTENDANCE: Scott Kettle, Ty Thomas, Pam Page, Greg Atkinson. OPENING CEREMONY, INVOCATION/READING/THOUGHT Invocation/Reading/Thought by Councilor Rod Smith Mayor Marchant led the public in the Pledge of Allegiance. CANYON CREEK TOWN HOMES FINAL PLAT APPROVAL Jackie Blazzard read through her staff report which stated Canyon Creek Town Homes is a Multi-Family Residential development that was given preliminary approval for units in April 0. Open space requirements and setbacks are met. Some units have car garages and some only have a car garage. Each unit does provide off-street parking spaces. Seven of the units will be contained in buildings and will access on 00 South. These units are in Phase of the development. The other units will be housed in buildings and will access from a private road and cul-de-sac on 00 East. This will be Phase. During the preliminary approval process, it was decided that each homeowner would take care of their own garbage receptacles by taking them out to the city street for collection and then back to their respective homes. An x deep gravel shoulder is shown up to the edge of the road for a good surface for placement of those receptacles. The developer has committed to work with the US Postal Service for mail delivery to homeowners. Plats have been submitted for each phase. Addresses have been assigned to each of the units. A fence to border the development from neighbors to the west and north has been proposed, as well as a small property fence in the rear yards between neighbors in the townhouse community. Plans show a small neighborhood park within the development. Staff has received a copy of the CCRs for the development. The completed document Page of October, 0

2 will be recorded with the plats for the development. Staff cannot find any mention of the playground equipment or maintenance of that equipment in the CCRs. Should this be included within the document? Scott Kettle from Horrocks has been working with the developers for placement of water and sewer lines and piping of the irrigation ditch along 00 South. He has also been calculating the amount of water needed for the development. The City has a copy of the letter from Beaver Shingle Creek Irrigation regarding their expectations for the ditch. The Planning Commission has forwarded a positive recommendation to the Kamas City Council for approval of the final plat of the Canyon Creek Town Home development provided all redline comments from Horrocks are addressed. Mayor Marchant welcomed Ty Thomas with Canyon Creek Town Homes. Mr. Thomas reviewed the site plan with the council. The council reviewed Scott Kettle s redlines. Councilor Smith asked what kind of fence they would be putting in. Mr. Thomas stated it would be PVC, neutral color, and ft. high. This would be on the west and north side of the property. Jackie Blazzard has read through the HOA agreement, the Planning Commission has not. Mr. Thomas explained an attorney put the agreement together for them. Councilor Smith asked what the enforcement policy is for the HOA. Mr. Thomas explained it is up to the residents to enforce the rules. Councilor Smith asked when the landscaping would be completed. Scott Kettle feels like once each phase is completed the landscape should be complete. Mr. Thomas would like to wait until all the construction is complete before the landscape so it doesn t get ruined. Scott Kettle stated there should be a bond in place for the landscaping. Jackie Blazzard explained there is something in the code that requires a landscape bond. Councilor Smith would like the landscape complete. Mr. Thomas stated he would bond for the landscaping on a phase by phase basis. Scott Kettle would like something in there for weed control. There are already complaints. Mr. Thomas agreed to take care of the weeds. Scott Kettle reviewed the fencing plan. Do the fences for each individual unit need to be complete before occupancy is given? The council feels they definitely need to be done. Scott Kettle reviewed the water shares in his staff report. Mr. Thomas asked what size the current water line is. Gary Siddoway stated it is ½. Scott Kettle explained they would be replacing the landscaping water line to a ¾ line. Mr. Thomas doesn t feel like a ¾ line would be large enough for landscaping. Scott Kettle explained this is what Rusty Webster told him they would be doing. Councilor Smith asked if we should have a dollar amount for playground equipment. Scott Kettle feels we should. Gary Siddoway stated our south park playground was around $,000. Mr. Thomas thought he would spend $,00-$,000. This is not a public park. He couldn t commit to anything higher. Councilor Smith asked if he would commit to $,000. Mr. Thomas would rather have good quality not value. Mayor Marchant explained the City is concerned about safety. There are some standards we need to maintain. Mr. Thomas agreed. Page of October, 0

3 MOTION: Councilor Rod Smith moved to approve final plat approval for Canyon Creek Town Homes contingent upon the redline changes, $,000 spent for playground equipment, bond in place, landscape bond in place, weed control, a ft. fence on the north and west side, a ft. rail fence on the east side, all fencing to be PVC, and occupancy contingent on the fencing around the building and landscaping. Mr. Thomas asked if they are ready to have someone move in but the weather does not permit landscaping could we work this in to the bond. Scott Kettle has worked with this before. There can be an additional bond. AMEND CHAPTER OF THE KAMAS CITY LAND USE ORDINANCE REGARDING ENFORCEMENT OF ZONING CODE VIOLATIONS Jackie Blazzard read through her staff report which stated the Kamas City Planning Commission held a public hearing on October, 0 to amend Chapter of the Kamas City Land Use Ordinance to aid in the enforcement of zoning code violations. A copy of the addition to Chapter is included with this report. Kamas City has had issues with those in the community who do not make any effort to abide by our zoning regulations. For some, we have written letters requesting their prompt compliance. Most have been willing to make an effort to remedy the problem. Others have not. This addition to our Land Use Ordinance is an effort to set forth a consequence for violations that can be a threat to public health or safety. It would give our Administrative Law Judge a basis for imposing fines for violation of this ordinance. The Planning Commission has forwarded a positive recommendation to the Kamas City Council to adopt Section. for the enforcement of zoning code violations. Jackie Blazzard explained this all came about when a few weeks ago there was a confrontation in a residential area. This particular person has received numerous violation notices in the past, but has not done anything about them. There is nothing in our code regarding enforcement of zoning code violations. Jackie Blazzard would like a more detailed nuisance ordinance in place, but has not had time to research and write it up the way she would like. The Planning Commission felt we should amend Chapter of our code to help with the violations until the nuisance ordinance is complete. Jackie Blazzard read through the proposed enforcement chapter. The Planning Commission would like to move forward with the proposed chapter and once the other nuisance ordinance Blazzard is working on is complete we could amend the code. The Planning Commission felt this could help with our current problems. The nuisance ordinance will be quite a bit lengthier with more consequences. This will take some time to complete. The council felt this amendment would be a good start. Page of October, 0

4 MOTION: Councilor Mike Crystal moved to amend Chapter of the Kamas City Land Use Ordinance regarding enforcement of zoning code violations with the change of will to may. Councilor Rod Smith seconded the motion. SUMMIT COUNTY ARTSCAPE PROPOSAL DECISION Mayor Marchant reminded the council the Summit County Artscape representative spoke to the council in August about having an artscape location in Kamas City. The council felt this would be fine as long as they got to approve the artwork before it was installed. MOTION: Councilor Kevan Todd moved to approve the Summit County Artscape proposal pending the council approval of the art that is displayed. PAM PAGE SEWER CONNECTION DECISION Scott Kettle explained there was not a sewer lateral installed to the discussed lot, but there was a lateral installed at the home the Page s lived in at the time on the same road. Councilor Todd explained he was not at the last meeting, but explained to Pam Page that as a City we could not pay for this to be installed. Mrs. Page feels there is a discrepancy for the lot owners that were contacted. They were not contacted for this lot. Gary Siddoway and Scott Kettle explained the owners were contacted to save the asphalt from being cut in the future. Councilor Crystal explained to Mrs. Page if the City pays for this to be done this will start precedence and cost the City thousands of dollars. Councilor Todd explained to Mrs. Page the City is not discriminating against you, it was an oversight. We can t predict the future. Scott Kettle explained no matter what Mrs. Page would have had to pay for this to be installed. Gary Siddoway feels like he did his best to contact the owners. MOTION: Councilor Kevan Todd moved to deny the request for reimbursement for the sewer hookup for Pam Page. CONSOLIDATED PLAN UPDATE The council reviewed the City s consolidated plan and made some changes. Page of October, 0

5 DEPARTMENT REPORTS MAINTENANCE Gary Siddoway reported on the Public Works Department. POLICE Chief Smith reported on the police activity the past month. APPROVAL OF THE SEPTEMBER, 0 CITY COUNCIL MEETING MINUTES MOTION: Councilor Kevan Todd moved to approve the City Council meeting minutes dated September, 0. Councilor Dan Littledike seconded the motion. APPROVAL OF INVOICE REGISTER DATED OCTOBER, 0 MOTION: Councilor Rod Smith moved to approve the invoice register dated October, 0 with the addition of an invoice for J.B. Gordon Construction, Inc. for $, for the 0 CDBG 00 East Water Improvements. Councilor Kevan Todd seconded the motion. ADJOURN MOTION: Councilor Dan Littledike 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 0 th day of November 0. Lewis P. Marchant Kim Peacock Mayor Recorder Page of October, 0