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Show 1 Cmttr PAGE 5 PUBLIC HEARING October 21, 1997 In die absence of Mayor Miry Wiseman, Councilman John Carter motioned to appoint Councilman Nick Swam as Mayor Pro-teCouncilman Junior Davis seconded the motion, all were in favor. Mayor Pro-teNick Swain called the meeting to order at ' approximately 6: 16 p.m. The purpose of the meeting was to hear public comments on the proposed Milford City Lewis Improvement District 1997-Present: Council members Junior Davis, Nick Swain and John Leo Carter, Attorney Kanell, Treasurer Arden Fowles and City Manager Nedra Kennedy. Visitors: Troy Torgersen, Aaron and Jennifer Cox, Robert Rice, Malina Stewart, Ken and Lisa Thompson, Garry Bedingfield, Craig Baxter, Beverly Erickson, Rholdo and Fern Turner, Lin and Debra Drake, Kent Mellor, Gary Ferguson, Nolan Davis, Victor Stark, Katie Elmer, Doug Garrett, David Davis, Dollie Turner. Consideration of the creation of the Milford City Lewis Addition Improvement District. Lin Drake expressed a formal protest by himself and a group of people. He stated the group is not against the creation of the SID as long as it is fair and equitable for all property owners. Mr. Drake stated he felt the cost that the engineering firm has come up with are very high and cant be lived with-- People signing the protest consider the estimates high also. He stated the group will drop the protest if the city can come up with a solution and can approve that bids be put out and approved by the land owners on the streets. He stated he has five estimates by construction companies that average between $85.00 and $95.00 a running foot. Mr. Drake stated he realizes the figures are just estimates but is not willing to sign off the protest if left as is as the landowners should have the right to look at the bids and state whether they except mem or not. He m 1. stated mat they understand that there will be administrative cost and interest but not at $135.00 a foot. Mr. Drake asked about issues discussed in January 7,1997 meeting concerning the developers to provide asphalt streets, curb and gutter, water and sewer at the time the subdivision and before lots can be sold. He stated that if those - are the conditions of construction then everyone should be on equal playing field. Developer should put in streets, curb, gutter, water and sewer and before the SID goes in me city should make the developer to the north come up to standard so as to be on the same playing field, does not want any favors and will not give favors. All should be treated equally and fairly. Mr. Drake also asked about rumors he had heard concerning the hook-u- p to the line on 600 West and his responsibility to help pay for water and sewer from water tank. He stated the deed shows no restrictions or liens of record saying mere is any type of costs and he does not want to be caught up in surprise. If handshake deal with a developer was made men the City Council needs to state mat fact. Need an answer on whether there is a deal, if so, he will have to sit down and determine whether legal or not Attorney Kanell asked Mr. Drake how long he has owned the lots and stated the subdivision was developed many years with no improvements. The area on 500 West was in the same subdivision and an SID was developed to improve mat area. All new development requires be made by the improvements developer. Did not have authority to not allow sale of the lots. Most lots were owned by the county, men Advanced Development bought them in a tax sale. The Chy did not have a legal basis for making them pay for the improvement. Garry Bedingfield in favor of the improvements. He stated the city allowed a contractor to bury utility line and would not be surprised if the line is not substandard. He asked what obligations does the city have to the landowners who live on 600 West concerning the utility lines. He stated the City of Milford should have the a obligation -legal or moral and felt the city should force the developer to improve the area back to grade and designate to the city where the water will run, etc. He asked vhat the city was going to do with the drainage. He stated he is for the development but feel the costs are too high. He stated they are for the development but have some doubts about an estimate and a guess. He stated that the figures as proposed are too high and suggested mat the City look at 600 West and get a guarantee that the utility project that was put in is not substandard and the developer bring 600 West up to grade and up to standard and asphalt then with the improvement proceed district. Malina Stewart asked what the fees were for the connection which was paid by Advanced Development. Attorney Leo Kanell stated the fees were for connection and the right to be hooked up to the city systems. Lin Drake stated he does not want to be an adversary with the City but want to be treated on equal basis and felt the city should require the developer to fulfill their agreement. Councilman John Carter asked Mr. Drake when he bought land who did to put in the they expect improvements. Mr. Drake stated he expected to do the improvements himself as he purchased undeveloped lots. Craig Baxter stated the city has treated everyone different and given special consideration to individuals. He stated the city has a responsibility that when the development goes to make sure it is done correctly. Lin Drake suggest that the City does not do business with a developer if they do not fulfill their obligation to the landowners. Attorney Leo Kanell .stated legally there are no developers in this area. Lin Drake asked how building permits were issued without rd roads being built and who is liable for fire access or safety. Cannot get a fire truck and ambulance into the area. He stated he had a rumor that an agreement was made in an open city council meeting that the next phase would have to reimburse Advanced Development for some of the cost for the line. Victor Stark stated that it was his understanding that he would have to reimburse Advanced Development fltowtrg jfomitor hook-u- p to the line per an agreement with the City. Lin Drake stated it is not in and wants to know if the City writing made an under the table handshake agreement with them because if they didn't, he will not pay Advanced Development money for hooking up Nick to the line. Mayor Pro-teSwain stated it was not an under the table agreement, was not an attempt to slip something by and if s not the first time it has been done. Lin Drake stated the City has not notified the landowners of this agreement. He stated Advanced Development has utilized their utility line and does not want the cost hidden in the SID. Nick Swain stated p Mayor Advanced Development had run the sewer and water line and made it accessible for further development in asked for and area that reimbursement. He stated the City for the had Council agreed reimbursement. Beverly Enckson stated that when David Erickson had built the home on 600 West he was required to install sidewalk, curb and gutter in a certain amount of time. Ray Whiting stated the street would be finished. Malina Stewart asked about the standard for curb and gutter and asked that the rolled curb and gutter is standard and approved. Garry Bedingfield stated that the Letter of Intent specifies that non- the cost to Pro-tem- conforming improvements must be removed by property owners at their expense. He stated me local engineer should make the recommendation on the rolled curb and gutter as per the p Nick regulations. Mayor Swain stated the recommendation was made in a previous council meeting and it should be part of the subdivision ordinance. Lin Drake asked whether he would be required to honor the agreement to reimburse Advanced Development for the cost of the water and sewer line extension. Attorney Leo Kanell stated that the costs may be worked into the figures of the SID. Lin Drake stated he did not want it part of the figures and asked if he has to pay for die reimbursement. Attorney Leo Kanell stated the point is clear and not sure whether the figures reflect which type of situation. Lin Drake asked if the handshake agreement is legal and binding. Troy Torgersen stated the fees were set for construction in die fall therefore being higher. Costs are higher but if bid in the spring they could be lower and will be bid to get better numbers. If bids are too high the city can reject any or all bids. Lin Drake has five contractors who can start within ten days. Lin Drake asked if they do not protest the SID at this point would the city agree that the property owners be able to review and approve the final bids. He asked that the bids be put out to a number of companies and die property owners be able to see all the bids and they have the right of approval. Troy Torgersen stated that the procedure is open and everyone can review the bids as they will be reviewed in an open meeting. The city will have to take the lowest responsible bidder and can put limits on the bids. Garry Bedingfield asked that the city have Advanced Development bring the road on 600 West up to grade then lay asphalt. David Davis asked if the city required Advanced Development put in curb, gutter and sidewalk. Attorney Leo Kanell stated it is a requirement of all new development. He asked if street grading and resurfacing part of the ordinance. Attorney Leo Kanell stated that it is not a requirement of Pro-tem- new construction but is part of a new subdivision He stated the area was excepted when the subdivision was filed many years ago. Mayor Pro-teNick Swain asked that Lin Drake contact the Attorney and City Engineer to discuss the questions he has. Gary Ferguson asked if he could sell his lots without curb, gutter sidewalk and pavement Attorney Leo Kanell stated yes, the city could not stop the sale but before a building permit would be issued, the curb, gutter sidewalk and utilities would need to be installed. Mr. Ferguson questioned costs pertaining to the rates. Troy Torgerson stated that one difference in rates would be the alleyways and driveways. Victor Stark no problem with the SID but would like to be reassessed on a different rate as the utilities to his development will be coming off of 300 North instead of 700 West. He stated he would withdraw his letter of protest if moved to different rate. Ken Thompson asked why he was included in the SID as he had curb, m NOVEMBER 13, 1997 gutter and asphalt he requested his Troy property be withdrawn. Torgerson stated he felt the curb and and felt it gutter was should be uniform throughout die area. Kent Mellor asked to return dirt in from 100 to 300 North on 600 West as it had been taken out by someone making repairs to the street. Garry Bedingfield stated the city allowed die development and all mat is left is a mudhole and asked what is the city's responsibility on 600 West both legally and morally. Nolan Davis stated he was on die City Council when 500 West SID was completed and could see die property owners concerns. He asked who would bring the 600 West street up to standard so the residents can at least drive on it without getting stuck. He also asked who would be paying for the curb, gutter and sidewalk on the west side of 700 West. He one-haabout lf concerns expressed paving of the street and having die break off after a number of asphalt years As there were no further comments the meeting adjourn public hearing at 7:37. MILFORD CITY COUNCIL October 21, 1997 Mayor Pro tern Nick Swain called the meeting to order at approximately 7:37 p.m. Present: Council members Russell Smith, Junior Davis and John Carter, Attorney Leo Kanell, Treasurer Arden Fowles, City Manager Nedra Kennedy and Foreman Ray Whiting. Les Whitney. Visitors: Troy Torgersen, Aaron and Jennifer Cox, Robert Rice, Malina Stewart, Ken and Lisa Thompson, Garry Bedingfield, Craig Baxter, Beverly Erickson, Lin and Debra Drake, Kent Mellor, Gary Ferguson, Nolan Davis, Victor Stark, Katie Elmer, Doug Garrett, David Davis, Dollie Turner, Brad Bryant, Twin Mountain Rock, Roxanna and Virginia Higbee, Johnson Headstart Program. Lea Whrtnev - Beaver Counf Service District 2 Les Whitney requested the use of the old swimming pool for training. The fire department has used the building for training for two weeks and finding it is a very decent building and request a lease for the building for an extended period of time. He stated the fire department would like to construct interior walls. Mayor Pro-teNick Swain suggested turning the issue over to City Manager Nedra and Attorney Leo Kanell to come up with an agreement for maintenance for the building. Les Whitney stated they would not need utilities and would like permanent walls. Councilman John Carter made a motion to authorize City Manager Nedra Kennedy meet with Les Whitney and draw up agreement to use die and building, upkeep safety, Councilman Junior Davis seconded the motion, all were in favor. Les Whitney asked about concrete building owned by the chy next to the Circle Four Farms office. Councilman Junior Davis stated had many comments about selling the building or leasing as the United Old Timers has asked that die building not be sold or leased. Les Whitney stated that die fireworks were only stored for four days per year and there would be plenty of room for the storage of die fireworks. Councilman Junior Davis made a motion to table until the entire City Council is available to discuss the issue, Councilman John Carter seconded the motion, all were in favor. Brad Brvint Twin Mmmt m . Mr. Bryant requested area at die airport to install a dish for radio system for their operation. Will be needing a 40 foot pole for the dish and space for the equipment Councilman John Carter asked if a FCC license is required, Mr. Bryant stated he did not know but would report back. Councilman John Carter stated he did not know if the agreement for die pole would confliu with the present airport agreement Councilman Junior Davis made a motion to refer the issue to Councilman John Carter, Attorney Leo Kanell and City Manager Nedra Kennedy, Councilman John Carter seconded the motion, all were in favor. Roianna Jnhmnn and Virginia Hfrbee - Headrtart Profrain Sewer Connection Virginia Higbee asked about a no cost sewer hook-u- p to the Headstart building by the Elementary School. Elementary school officials are asking that the kitchen from the Elementary school be on die same line. Councilman Junior Davis made a motion to allow the Headstart building to hook-u- p sewer at no cost but they pay the actual charge for the hook-uCouncilman John Carter seconded the motion, all were in favor. Ray Whiting asked who would clean the line from the school if plugged and suggest the school come He back and hook-u- p separately. ' mentioned that the Headstart will be responsible for the line until it dumps into the main line. p, Content Isiuei Councilman Junior Davis made a motion to approve the consent issues consisting of the bills, payroll and minutes of the October 7, 1997 meeting and October 8, 1997 special meeting as presented, Councilman John Carter seconded the motion, all were in favor. Special Improvement District Nick Swain stated he 'Mayor Pro-teis not willing to vote on the Special Councilman Russell Smith arrived at approximately 8:50 p.m. Jerrv Waveriv - Pearl Queen Cvrporttton Mr. Waverty offered a thank you for the cooperation the Milford City Council has given to his company for their project. He reported that they should be in operation by Potential customers will be touring the project. His company will employ 35 to 40 people. He offered a tour for the City Council members at any time. Staff Comments Councilman Junior Davis reported there has not been a definite schedule an the transfer of the church building to the city. He reported there were many items which needed to be completed before the new church building would be accepted by the' LDS Church. The LDS Church will be responsible for removal of some asbestos and wiU begin mat procedure as soon as they can move into their new building. City Manager Nedra Kennedy stated a letter has been received from the Utah State Energy for the with recommendations building. She asked that the Council read the letter and discuss the items listed at the next meeting. City Manager Nedra Kennedy was to advertise for die instructed custodialmaintenance position for the office building. As there was no further business the meeting adjourned at approximately 9:23 These minutes wiU be presented for approval at the next regularly scheduled meeting. Until suck time, they are considered unofficial Water m Improvement District as mere are too many questions to be answered-- He stated mere is the questions of die street and who is responsible to bring die street up to grade. He stated mere are many issues that need to be resolved and feels the Council should not act on the issue because they don't have the answers. Attorney Leo Kanell stated the city's responsibility should be to make it passable during die winter until the improvements can be completed. Mayor Pro-testated the Attorney should give some guidance on whose responsibility it is to improve the street until this repairs can be made. He stated the decision should be made whether to allow property owners to withdraw from the district. Ken Thompson and Reva Nelson has asked mat they be eliminated from the SID. Troy Torgerson stated an area that has protested can be eliminated from the SID if all property owners protest. Doug Garrett asked if the estimates could be adjusted lower. Mr. stated the estimates were Torgerson higher as he was using figures from another and added project approximately 1 . Victor Stark has asked a rate change as the water and sewer to his project will come from 300 North instead of 700 West. Malina Stewart the requested measurements and figures from Troy Torgerson on the street. Jennifer Cox asked if gravel could be laid on the street before winter. Beverly Erickson stated she wants to protest David Erickson assessment as he has not received the Notice of Intent. Attorney Leo Kanell stated a decision needs to be made about the SID to allow bond counsel to prepare a resolution. City Manager Nedra Kennedy asked if the city can legally protests. go forward as there is 51 Councilman Junior Davis made a motion to table the Milford City Lewis Addition Special Improvement District until all questions have been answered, Councilman John Carter seconded the motion, all were in favor. m (Continued from page 1) have studies Basin Bear for been completed already River, Virgin River, CedarBeaver, Weber, and Salt Lake Valley, with Utah Lake expected to be printed before the end of the year. Six additional areas ... Uinta Basin, Southeast West Colorado, Colorado, and the West Tooele Sevier, in Desert.. ..are varying stages of study. By the year 2000 a report will be compiled depicting water resources throughout the state. Trends will be used to develop new concepts for aquifer storage and recovery programs. 7 CU - LutfUt Handy i Showcase of IHilford Properties Land: 40 Acres next to Circle 4 Pig Farm Reduced to 80 Acres SW of Milford between Milford Flat & Lund Hwy. 80 Acres 10 miles SW of Milford on Flat near new pig farm. 200 Acres 5 miles SW of Milford between Flat & Lund Hwy. 320 Acres NE of Milford on road to Roosevelt Springs Geo Thermal 440 Acres 7.5 miles SW of Milford between Milford Flat & Lund Hwy. 5 Acres of Del Mar Addition $19,900. $16,000. $24,000. $30,000. $32,000. $66,000. $12,000. For Further Information Call: Randy Morris Century 21 First Choice Realty 965 South Main Cedar City, UT 84720 Office: Res: Cellular: |