Show f Holds Up 75 Fee Annexes Acres Acres' Will wm Continue Study Of Park Pay Plan The city cily council of or Bountiful finally voted Wednesday evening evening evening eve eve- ning to annex about to acres of land located on the Ule southeast bench It took over two hours of agonizing reappraisal and debate before the Vote was taken ANNEXING G was not the thorn however It wa waS how the city cily can raise extra ira money from Crom these areas to lo help pay for tor parks in such places In the last regular city council council coun coun- I cil meeting the council had voted to require a 75 fee for each building permit for Cor a new dwelling A large group of residents residents residents resi resi- dents was present this week to protest the fee KENYON It R. Gurr former city cily councilman was spokesman spokesman spokes spokes- man for members members' of the group He lIe said they were at odds with the proposed fee but not nol with the purpose Atty Ally Layne Forbes presented his findings of researching the proposed fee He emphasized that the matter was a difference of opinion among honest men IF REVENUE is desired by a community it must be raised under taxing statutes he said If IT you OU t tax x you ou must be able to show the statute which allows the me lax tax Police power may be used only to lo regulate It does not authorize authorize authorize au au- au- au taxing he said The building permit is part of the police power of a community he continued It II is only regular regula tory lory It II cannot be used to raise revenue In fact fees must be reasonable just enough to cover cov cov- cover er cost of regulating he said THERE ARE lows which allow improvements to be made Under these property owners may be required required re re- re to pay for the additions But first a notice of or intention to make the improvements must be published Mr 1 Forbes said I believe the 75 15 fee could not be valid under present statutes he concluded CITY ATTY ATrY Rendell N. N Mabey Matey Ma- Ma tey bey said he had not studied the matter completely But as city attorney I try to do all I can canto canto canto to carry out the will of or the council This proposed ordinance ordinance nance has nothing ng to do with the building permit fee It is an open spaces and green belt fee As such it has nothing to do with the police power Mr Mabey Mabey Ma- Ma bey said If we cannot do it under the law the ordinance will fail But ButI I could show many many cases in I favor of such an ordinance If the council will let me h know what it wants to do I will try to find a way to do it legally the attorney said THIS TIllS CASE goes beyond the tile matter mailer of legality Mr 11 Gurr said It II is a matter mailer of equity We dont don't necessarily disagree with ith what you are arc trying to do It is just a question of oC the solution tion lion you rou have decided on he said ir MR J GURR suggested the tile council hold on its action and give citizen groups aiding the council time to study th the fee and make recommendation If they citizens advisory council and recreation commission rec ree- rec- rec the same action I will support it he said But I feel fecI your action was was wasa a little hasty This should be part of a long range program And there are several ways of financing such sucha a program TAXES mean everyone would help pay But those in the city would be providing facilities for those outside as well If tJ this s method Js as s followed the people should take lake the Ule responsibility on themselves Another Mother alternative to the 75 fe fee would be a larger allocation to lo parks from th the present levy The city cily js s becoming ng more effi- effi Some funds could be saved sav sav- ed edd here Also the crash street street program should be nearing nearing nearing near- near ing completion This money should be available he said TilE THE BEST nEST way in my opinion opinion opinion ion Mr Gurr GUIT said would be a larger allocation of the sales tax to land purchase and park development The people who pay the sales tax would be the ones whom would use the ties lies Sales tax was intended primarily primarily primarily prim prim- for Cor capital improvement projects SO SOME IE PERSONS feel the 75 75 Sec See ANNEX on page 2 Annex Arnex Continued from front page can be added to the cost of oC a home This Tills is not so Most Mosi homes in this Utis area are financed through FIlA and VA loans based on valuation They would not increase to include the park fee Also building is highly high rugh- ly Iy competitive The builder would have to absorb and he cannot afford to do it Mr Gun GLUT said If U all the park land we now have in Bountiful were developed develop develop- ed it would be different Councilman Councilman Coun Coun- c cilman Paul 0 O. Huber said With about 2000 more homes coming in this one annexation area alone we will have to double the parks And taxes alone will not do it 2000 homes would not pay enough for their parks EVERY builder will benefit from Crom additional parks he added New residents moving in should pay for Cor their own 11 parks Those who have lived here for Cor years should not have to provide provide pro pro- vide them for new residents he lie said It does docs not pay a city to bring in people as far as ns what it costs compared to what they will pay in residential taxes th the councilman said THERE ARE pressures for all types of recreational facilities Some want a n large indoor swimming swimming swim swim- ming pool now The sales tax is not increasing as fast Cast as the price of or land Mr Huber said Richard Prows builder said we should decide what kind of recreation we want There are three general types FIRST Community consisting of parks swimming ng pools ten ten- tennis tennis nis ms courts aviaries zoos ball parks These require transportation transportation ta tation tion to get there and are gener generally lly becoming out of date today Second neighborhood centers schools church private clubs streets and the time home THIRD the home including outdoor living lawn Jawn sports swimming pools swings done at ones expense Neighborhood recreation can be built by the developer if he wants to If II he does docs not want to he has the right not to And if he dots does not want meant to forget it It makes no d difference ference Mr 1 Prows said PARENTS TS turn tum their children loose and we have to take care of or them Councilman Huber replied But is time the park the answer Mr 11 Prows asked More 1 flexible zoning laws that would allow homes to be placed in groups would make more recreation area at al home Lots could be smaller with the difference placed in a n common lot for tor a small group ED NOTE Bountiful's zoning zoning zon zone ing ordinance does docs allow some variety for Cor builders For example example example exam exam- homes may be built buill right on the front property properly line with no setback providing all homes on a street are so built John Dawson representing the Ule real estate brokers said the group believes the proposal needs more study If II we have any industry at nt all it is building building building build build- ing he lie said If we arc are going to tobe tobe tobe be the time b bedroom droom of oC Salt Lake City we want to lo be a n good bed bed- room MAYOR L I LATT A A. A Galt Gait said the council realizes building is important and has acted ac ac- ac- ac cordingly We could have had all these things we want But Bul the council chose to lo put almost in the water system and has pledged more just so building can continue We did lid not have ha to make the additions except so that building building building build build- ing can continue The additional reservoirs pumping facilities and wells were not needed to continue with the time system we have had for years he said WE IIA HAVE VE also battled on zoning We want to protect a good atmosphere for the home owner Residents with a n higher income come conic here because we have protected the values They can buy cheaper homes else else- where As for or the time streets I do not we will be able to reduce time the levy for Cor many years to lo come conic Already some sonic of the streets in subdivisions are falling falling falling fall fall- ing apart And we must buy land and build a road on 1800 South between Orchard Drive e and East Beside this we must plan for a crossing of Mill 1 Creek the Ule mayor said COUNCILMAN L. L F. F Eckman backed to call for Cor more study I doubt many even know how much park land there is in Bountiful I checked and found round we have over CO 00 acres not including schools W With th schools it would rise use to acres he said This is more than other cities of our size However most of it is not de de- de- de I would ask that people who I bring in land bring their plots up to what the city now has We require them to build I streets install water and sewer Why not have them provide park land in the Ule same sante ratio as asat asat asat asI I at present THIS TIllS RATIO is about 1 acre of or park for each 40 acres of land he said Councilman Huber said this is what he wanted before but it is not legal unless required of everyone developing a subdivision ion or unless they will all agree to donate the land before beCore annexing annexing annexing annex annex- ing as a condition of annexation annexation I t tion on IN LJ THIS TIllS case most of time Uie landowners either do not want to annex anyway or are arc lukewarm lukewarm luke Juke warm wann and would not donate the theland theland theland I land he continued And such a aplan aplan aplan plan would not work if a subdivision subdivision subdivision sub sub- division had only four our or five homes Ince land is annexed it has the same rights as other ollier land Attorney Mabey said Requirements Require Require- ments must be the same for or all |