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Show VOLUME EIGHTY NUMBER TEN THURSDAY, MAY 25, 1978 f fa x I k ,4 -- f i)l S io I1 1 ? v Hi j n f JS' a vfc : s' L -i-- -r (4 i ' " ; fu - 4V ' ' b ;ss:. sjV ; - r" ,' j By ROSELYN KIRK - If the 77 FARMINGTON names which appear on a peti tion presented to Davis County Commissioners are certified as registered Davis County voters, the county commission will be forced to place a de annexation proposal on the ballot in November kllhhvfy'lX'- r;7i ' &-v- ' .' k WAVE'SfVr 7 V; A jyj Mb Wft g 9 DMA W.wtwri t. HUktatM r ki A - r ARMINGTON in another round of a court but tie, Davis County cotnnm-Moner- s were found not guilty violating a restraining order which prohibits them from placing water in the of storm drain which they have constructed on 500 South in A. A Ss Mk. ' f, J ? V - it $ , r S , 9c JAM , v -- & . . v - 4 35 tM .. w along with their bright olor. In hud they look like hundreds of snakes poised and prepared again-- t any intruder In flower stage they hlae in strong color, and w ith intt resting stems forming crooks and bonds have used greater effort to seal off the overflow opening with headgates or other devices and continue to monitor the area to see there is no further alteration of the storm control system W htle Mr Page said that the county would agree to monitor the area, he contend ed that no evidence was presented to show the plaintiff had been damaged JUDGE Swan ruled in favor of the county saving they had not been ordered to prevent the flow of all water into the drain, hut had shown an effort in preventing excessive overflow from Millcreek from entering the dram He said the county is considering that the court will rule on May 26 on the issue of whether the plaintiff has the right to a permanent injunction to prevent the flow of water into the drain pending the trial dale of Aug 21 Commissioner condemnation procedures in order to obtain right of way lor the drain He said that an engineer has been consulted B appraise the value of the land prior to the initiation of the ac turn Mint said ON Ihornley K Swan ruled that ihe county had performed their duty in prev enting storm water from going into ihe drain after a portion of the culvert had been removed with a jackhammer by West Bountiful employees to prevent flooding along the Union Pacific Railroad irjcks Jeffrey Paolctti. Itgil council for Howard Smith, who mm ited the legal action to prevent the county from placing water in the agricul tural A I storm dram which runs throug.h his proptrtv, brought the second action I u sduv THE plaintiff contended that the county had not made their best efforts" to kop the water out of the drain based on the action bv West Bountiful workmen Deputy County Attorney Rodney Page argued that the county had "done their best to prevent the flow of the water since they had responded tm mediately when the drainage svstern had been altered hy the municipality " C.len COMMISSIONER I lint testified that he lejrnid of the change in the strut lure on Tuesday evening and ordered city officials to slop immediately since the county was ordered by the couit not In divert the water into the storm drain Commissioner E nt said after the culvert had been al by W'est Bountiful, plywood boards were placed tered in the opening to prevent Millcreek from overflowing ihe channel and continuing through the storm pipe to the A I dram COUNSEL for the plaintiff argued thal the county should a Uti By GARY R. BLODGETT I AYTON adage the dm - 1 heres a old Which came ken or the egg'5 first, has a different version of this Wlmh comes first, adape LAYTON CITY the road leading t Ihe sub division or the subdivision9" In the citv council case, the toad stems fo have priority rate, it was a hotly contested discussion when Ivory and Company, a Salt Lake City based development lirm. sought nvnntng of two AT ANY large parcels of land northeast of the city for residential subdivisions Neighbors in the area, and the council too. didn't seem to mind that the area be rezoned trom Agriculture to Residen Residential 1A and lull 1 but they did argue the Tact that presently there is only one access into the area whu h is already being served by an existing subdivision THUS, THE question of whether more access should fe provided before the area ts tezoned or rezone the properly and rely on Ihe developers providing more access, especially onto An- telope time. In the case of a 22 acre plot scheduled for rezonmg from Agriculture to Residential I. the council vote was lied at 2 2 with Counctlmen John Baker and Robert Austad voting in was absent the council vote deadlocked. Mayor Lewis G. Shields voted against the official as Councilman Austad pointn ed out that the planning recommended to the council rezonmg of the property and a city ordinance lequircs that two thirds vote is needed to over ride the planning commission reconv com-inis-an- me mbit ion FVEN WITH the mavors vote, it was not a two thirds vote and Council- majority man Austad recommended that the matter be referred hack to (he planning commission for further study of an access road and plans for park dt velopmenl in the area A public hearing scheduled for June I in is the council chambers THEN THE council dissenting in the area and there still is a latk of wait r which makes for a huh fire potential I gut ss Im the onh problems heard arguments for nearly 100 acres in the same area (near Oak Eoresi west of US Highway HI in the neertheasi part of the city) This proposal was to include 160 Hr ISO lots wnth 000 to homes priced from ed $15. (ItKI BUT AFTFR a brief hear- ing, Councilman Austad moved that the hearing be dosed because the same guments were pertinent for this projx-rtas the previous lack of road aclezonmg cess into the proposed ar- developmeni If was proposed that this matter also be returned to the city planning commission but again the vote was knot ltd at 21 ONLY THIS t ime. Council-meAustad and Wood voted to table the motion and return ihe request to the planning n commission while Council men Baker and Harris voted to approve the rezonmg abShields But Mayor stained from voting, forcing another motion before the council THIS TIME, Councilman Baker moved that the property be rezoned as requested and recommend! d bv the planning commission, hut this vote was again dt udlorked at 2 2 This time. Counctlmen Baker and Austad voted in lavor and Count tlirten Harris and Wood dec tiled against the motion AGAIN, THAT left it up to Mavor Shields to make the deciding vote and he voted against the rczoning at this time saying, There is a wrinus traffic problem in the area and I believe we should he certain more access is available before we allow any additional building Anoiher tract o! land of about 16 5 acres in the northwest purl of the citv also ad it zoning dt nied The reon-mrequest was for Residen ti il 3 from its present zoning of Residpnlial-1The new zoning would allow duplex and four plex apartments BUT A large crowd of I g B tesidentscif the area attemltd the public hearing and pro tested the rezoning on the bans that there is an abun cl ince of high dt nstiv aj'art-nunl- s and condominiums in the area Gary Wright, representing Ivory and Company, said about 50 housing units were planned for Ihe site TIG WAS unanimous the rezonmg A large turnout of residents of fhp 0,tk I orevf area also protested strongly about ad ilitional building in the northeast sector of the city until Antelope Drive is complt td to he Ip carry east west traffic lu dt nv "WITHOUT Antelope Drive, we have only one ac i csj jnto our subdivision and that is off the Mountain Road (U S Highway they But Ihe high complained way department is reluctant to allow more accesses onto the busy highway and e must find other routes " Developers said Antelope Drive would be completed Irnm Church Street (o Ihe Mountain Road as property along the road is developed legal 5000 W I Mr ACCORDING to owers, the group has no qu trrtl with the D tv is Countv left out politically Our kids go to Weber County Schools and we can't vote for the school board," he said The group of six proponents and one opponent to the de an ncxai on s nd that losing the a w ui J ( a i f i n is m rev mom y Mr uwers said the i Weber County commission had appeared to favor the square feel and would coni tin iiible giragt s "I hey w til be real nice homes on larger than minimum ( 10 tbO squuto foot said Mr Adams lots),' " This will not be a che ap housing di vt lopmt nt " ei HE SAID he alre idv h .s tn.iJi' plans for improved r and wait r svsu ms ,n the art i w hit h will aid residents alrt idv In ing m wt (hi rt vote. Councilman Austad said "Thire are still traffic (. rc zoning But the vote was not vote with 3-- Kent Randall was absent In casting his lavor of the rezoning but ouncilrren Randy Harris and lynn Wood opposing louncilman Kent Randall SO WITH ay ton BUT IT was a Councilman 0 By GARY R. BLODGETT - ft took two public hearings and a reversal of a previous city count il uction, but the Parnt II Green jiropertv west of the cuv has LAYTON voting against the unnt xatmn Ifl the voters are certified as Property Visually Annexed Into Layton City Area Count ilman Robert Austad a a Davis and W eber County Com missions to present the signa lures, the matter will by law have to appear on the ballot if BUT COUNTY Attorney Milton J Hess said the commissioners have no option but to ask Davis County voters to decide the matter on the ballot in November if those 77 peti- I Judge Tuesday COMMISSIONER Flint said other citizens in the area who did not favor the annexation liuil discussed the matter with him Although he did not reveal the source of the list, it includ t cl 13 people who opposed the ptoposal and six whose names were me luded on the petition ind said now they did not favor ihe change Monday in June Since the pe commission but feels we re finally been annexed into West Bountiful Woods Cross titioners have visited both CARL Towers 2712 North , ihe pokesman for the group, s lid that residents of that area are fearful they I! eventually be forced to annex to W'est Ft .. t against their wishes a id hr compelled to at tend Dav is County schools He said most reside nts idi n lify closely with Wt her ( ounty since they have gone to W eber County Schools all their lives ed in the last election According to Mr Hess the law also requires that the pt ti M . projuisal, but is checking the names on the petition THE commissioners opposed the petition that proposed that the area near the northwest county fine in the Hooper vicinity be annexed to Weber Countv This area includes about 60 homes and roughly Unpeople, petitioners said Commissioner Glen Flint said if this area is annexed to Weber County that the South W eber area would be in to do the same thing " Da, is County is the smallest county in the state land w ise, he said tioners are registered voters and constitute a majority of he rig' ttrtJ voters w fin vot Popi!S make interfiling patterns, POPPY PATTERNS By ROSELYN KIRK $ ,7tr ihOBartti'idHiTti.f r: :(kJ: aV' 4MlsV '?,$? 'Vh jv-;- v yjp sv&;i,4k 5tfc Tjif - tioners must present the document prior to the first council member not con vinced that the properly sliould be annt t d " MAYOR Lewis G 5hn Ids said thal If could be the first lime two public hearings have been ht Id on one public issue, tM ptciallv aftt r council vole voted The council unanimously a couple of months ago to dt ny annex i lion and rezonmg of the is acre sue HOWEVER, THE counc il did make a change in the rczoning request bt fore jpproung Ihe annt xatmn at its la it met ting The council voted In increase the ri zoning from Result ntial 1A to Result n tial I. prov iding for largt r hum's to he built on the sub div iMon lots T he council agrt t d that water pressure in the art r not cun rum is ve ry jwxir suffu it nt to hook Oiilu foi fire fighting in icon of a fire Mr A lams sai i ht will install an s i nc h div ismn line into the sub THE developer ALSO. pn posed to feme the boon dat it s of the su div ismn u x t pt the front), will provide deft (juate st wt r f ie il.lit s and e mu n tit would make no extess water is dun pt d into the sewer svs'em as has oceurrtd in pis! in that art a Nt ighbors altt d t g the pub! t ht imp wt ie d vi h d in their ft t hm s ,d oi t the an said rt quirt d hv rt zoning Mike Adams, Last who is d vt loping the proposed subdivision, told the council that he would have a protective covenant requir mg larger homes he built, but the council dtx ided it best to rezone to Residential 1 Lav ton resident ADAMS said MR. approximately 120 homes will be built over a long period with homes toeost Jon nun and depending on the up market He said the homes would have a minimum 1.200 his mind According to Commissioner I lint, the property lew in Dav is County was at 8 6 rr ills while the Utber County lew was 16 nulls However, icsidt nts said that if they were lorced to annex to West Point that an additional 10 mill would he imposed v I INDA Thurgood said (hot if the rtsioi nts could be sure that the present situatior would remain italic, they would mu press tor a change But they feared that if Hooper schools became impacted iheir children would be uquired to attend Davis I ountv Schtxils D iv i s ( ounty School Supf rnoll U ngley said the state now reimbursed Weber l ounty for the number of It Dms County students from that area who attended schtxils m W t Ix'r ( ounty based on th wt ighted jiupil unit 1ETHFSF students attend hools the state would rt imburse the Davis district on the same tusis Tin re is no exchange of nt x it ton and tit ve lopmt nt of subtfiv ise n subst quint the prt p si d JIRRV sir, no xol Tf p pt opie ht e aie happy with what they have and want ' things It ft as they are But Arthur Grten stu) he fill that the art i would he dt vt It snout r or it r and ( appree lao d somtstt e ke Mr Adams a Lx al d vt It ( r doing the it nsirurtion I THE ARIA annt ed is west I Strtt I wht re ' p r icnt of the residents of t tie area signt d 0 petition so king annex mon. at cording to the count il Count if members voting m d Dav is C ountv Sc t money between Hip school dis li u ts al present he said Although residents present expressed their fears that fit x might be forced out of the schools in the future t rigiev said he h id in t anv sut h notification lnmi Wt lx r District He saa! it w is uni kt Iv that the Davis Disirut would he willing to i unburst Wthtr I ounty tor W Supt tut ived in Davis students who at r ( ountv Schix!s if st hunl f ac Hit les were .nailable in Davis (ounlv I ht re are mow 27 t lementary stueb nts and 21 secondarv siadints attending Weber i It tnli if W t bt ountv st liuols ( MR. FOWL RS referred to tt e art a request ing de-a- xatmn m ft cause tounties In ihe of the annt xatmn and rczoning said Ihev fell mos( of ihe problems ( wait r, swer and traffic) had been solved or will be worked out Ihev, toei felt that sooner or later the area will be developed whetbe r it be in Lav ton or m umncorpeirated Davis County r v t ouid not complain about he roof strvites Sinte the Bu trtu is isolated residents 0 m t kn w the e andulates and are pot represented said till,mmhessmm r ( i I poll lint object to he move s iv ing. "If ou si! bt re in our position, vou d t , jtse it That area has bet n t 1 in Dims County from the He log inning ef history sugitstfd the possibility of ivintutllv ini orporafing the a so ihat residents could ,ii ran thi ir own city as it con t nut s to grow . but that rs opposed sol stmn THE WIFKLT RIFLE B North Main SI , 19? Layton of Ang favor as "Lapland" laps over into two He questioned residents were itteiving adequate ditch i tuning services, but salt1 w e I can COLNCIL increase, but can not dt crease, the size (if lots as THE KENT Summers, 5151 W , said that at first he had lavnred thepropnsal, but when he discovered that tax rates were h gher in Weber than in Utvis County, he had changed )25N Phone 3 1 33 Outihod Weofcly by 76-9- CUPPER PUBLISHING CO. John ttttN J PwMnfcar Second CImi Pol9 Al lyton, Utah Pd Out SUBSCRIPTION S4.50 per year 99 lUk htnoi lucro Mcrtion t M M (Pcyahto in Advance) i |