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Welcome to Kaysville City » Government » City Council » City Council Minutes » 19 February 2013

19 February 2013


KAYSVILLE CITY COUNCIL
FEBRUARY 19, 2013

          
Minutes of a regular meeting of the Kaysville City Council held February 19, 2013 at 7:00 p.m. in the City Council Chambers of the Kaysville City Municipal Center.

Council Members present: Mayor Steve Hiatt, Gil Miller, Mark Johnson, Ron Stephens, Jared Taylor and Brett Garlick.

Others present: City Manager John Thacker, Recorder Linda Ross, Engineer Andy Thompson, Police Chief Sol Oberg, Parks Superintendent Vance Garfield, Louise Shaw-Clipper, April Hale-Standard Examiner, Scott Nickle, Chelle Nickle, Cameron Russell, Tammy Wursten, Allan Wursten, Hazel Parrish, Walt Parrish, Garret Seely, Karen Pyper, Susan Harris, Mary Tarbet, Brian Tarbet, Kody Baetge, Richard Farnsworth, Patrick Lee, Edward Lee, Shannon Sellers, Brennan Mecham, Alyssa Trujillo, David Porter, Nathan Porter, Ryan Porter, Colby Williams, Ethan Eurnshaw, Russell Pilcher, Weston Hansen, Braxton Buchanan, Corbin Schroader, Collin Rentz, Ed Seymour, Noah Brady, Quinn Evans, Jordon Rasnell, Daniel Livermore, Spencer Bell, Kerry Evans, Darin Hicks, Spencer Moulton, Alex Remington, Brent Mecham, Ike Niederhauser, Joshua Hollingsworth, Kade Worthen, Spencer Wilkinson, Mason Child, Ben Muhlestein, Mike Child, Nick Wood, Katie Morgan, Ian Morgan, Calvin Johnson, Andrew Jordan, Debra Jordan, Steven Guest, Hayden Forbes, Isaac Guest, Dwain Klein, Steve Spackman, Gabe Spackman, Ruth Jones and Jeremy Mecham.

EXPRESSION OF APPRECIATION TO VANCE GARFIELD

Russ Pilcher explained that he moved to Kaysville when he was seven days old.  His father moved to Kaysville in 1946 after spending four years fighting in the war.  When the war was over, he came to Kaysville because his brother ran the Conoco Service Station.  His father was very active in the American Legion and always saw to it that there were flags at the Cemetery on Memorial Day.  His father died on April 17, 2012 and his headstone was finished in time for Memorial Day.  On that Memorial Day, he came to the Cemetery at sunrise and met Vance Garfield who was there raising the flag with three of his grandchildren.  It warmed his heart to see the flag raised and then lowered to half staff that morning.  He knew by watching Mr. Garfield that he was extremely patriotic and dedicated.  He explained that Mr. Garfield used to go around the Cemetery with his father and other Veterans on Memorial Day and put flags on all Veterans headstones.  On behalf of his father, he expressed appreciation to Mr. Garfield and presented him with a picture he had taken that day of Mr. Garfield raising the flag and with a silver dollar. 

Mayor Hiatt thanked Mr. Pilcher for taking the time to present this token of appreciation to one of Kaysville’s finest employees. 

INVITATION TO ATTEND PICKLEBALL GAME OPENING

Allan Wursten invited the City Council to attend a Pickleball Open House on Saturday, March 2, 2013, from 6:00 to 9:00 p.m. at the Recreation Center.  He stated that pickleball is over 50 years old and is a racquet sport which combines elements of badminton, tennis, and table tennis.  The sport is played on a court with the same dimensions as a doubles badminton court.  The net is similar to a tennis net but is mounted two inches lower.  The game is played with a hard paddle and a polymer wiffle ball and can be played by all ages.  The game provides social interaction and increases physical activity.  He stated that there are a number of school districts that have adopted pickleball in their curriculums.  He explained that they have been able to lay out two courts in the Recreation building.   Currently, Davis County pickleball players have to travel to Ogden to play.  They hope that the sport will grow so that there will be some outdoor courts in Davis County.
 
CALL TO THE PUBLIC

Karen Pyper stated that 20 years ago her family purchased property in west Kaysville.  They were looking for a small residential community where they could raise their family.  They did their homework before they bought their property and investigated the City plan.  The City Plan called for commercial property along Main Street and east 200 North and the industrial park on Barnes Drive.  They inquired about the property being rezoned this evening and were told by the City that a building permit had been denied on the property because it was in a floodplain.  They feel like rezoning this property is the first step that will seriously affect the quality of life in their neighborhood.

Hazel Parrish stated that a few years ago she and her husband did a survey of all businesses in Kaysville City.  The survey was signed by many businesses who stated that if commercial was put in west Kaysville, it would be a detriment and ruin their business.  She believes that many Kaysville businesses are just making it and some are not.  She also believes that there is blight in Kaysville proper.  She believes that it is not the best thing to put a business on 200 North when the City should be helping existing businesses.  They have stayed in their home because they want to keep their area residential.  She believes that no one wants commercial scattered throughout the City.  She asked the Council to deny this rezone request and keep west Kaysville residential.

Susan Harris also requested that the Council deny this rezone.  She doesn’t see the need for this type of business there.  She also doesn’t understand the PB zone.  She believes that the PB zone would work on the north side of 200 North but this is one residential lot.  She explained that there will be no buffer and no reason for it to go there.  She stated that Dr. Russell wants to put a dental office there but he already has a facility in Kaysville.  She doesn’t believe that the Council should spot zone.  This property has never been put up for sale.  It has stayed as private land because the owners wanted it that way.  She doesn’t believe this business fits in that area.

Brian Tarbet stated that he is against the rezone on 200 North.  He believes this will allow commercial creep into residential neighborhoods.  He supports businesses in Kaysville proper.  He explained that this item was brought before the Planning Commission in January 2011 and has been tabled since that time.  It was brought back to the Planning Commission last week.  The notice for that meeting was not thorough.  City staff made no effort to notify neighbors and the public had no opportunity to be heard.  He believes that if that property is rezoned, Dr. Russell will enjoy a commercial windfall and the neighbors will enjoy detriment to their property.  He believes that the majority of the people in this area oppose the rezone.  He stated that the property has never had the opportunity to be marketed for residential use.  He would prefer a twin home or duplex on this lot.

Scott Nickle stated that he owned the property being considered for a rezone and owns property adjacent to it.  He lives among good people.  He believes this is a question of how to build a community.  Community has many definitions.  His family purchased the property a decade ago with the intention of possibly enlarging their backyard.   His wife is an optometrist and they talked about putting an optometry practice there.  They never had intention of making it a residential lot.  They purchased it to create a buffer between them and 200 North.  They did not want someone else there.  With more people living in west Kaysville, more services need to be provided.  He believes they can be provided in a meaningful way.  Dr. Russell is his brother-in-law.  He believes that Dr. Russell has worked to make sure the proposed establishment has a residential feel.  He explained that four properties directly abut this property.  Of the four, three owners are in favor of  this proposal and one is not.  He asked the Council to grant the rezone. 

Mary Tarbet stated that her property does not adjoin this property but she believes they will be impacted because neighbors behind them worry that they will be pushed out as homeowners if commercial comes in.  If they sell, that would impact her.  She believes that a lovely building is being proposed and that Dr. Russell has tried to work out a situation where it will be nice.  She talked to a realtor who told her the property would be of value for a twin home.  She wishes there were alternate choices for this property.  There will be 21 parking stalls provided for this dental building and she believes that would bring too much traffic and impact to the area.

Darin Hicks stated that he lives in Kaysville but does not live near this property.  He appreciates the process that the Planning Commission needs to go through to interpret laws and consider property rights.   The call for any decision is that it not be arbitrary, but reasonable.   He is not sure people always have a handle on what the impacts will be.  His request is that the City Council consider what the Planning Commission has put forward and contemplate the rights of all owners.  He doesn’t believe it is the right of people to say what should be done with the property if they don’t own it. 

Chelle Nickle stated that her entire backyard abuts this lot.  Dr. Russell is her brother.  She has four children and would not favor something that would not benefit her children.  When this was first discussed in a Planning Commission meeting, Dr. Russell was instructed to talk to the neighbors.  He planned to do that but she talked him into letting her do that since she lives there and knows the neighbors.  She explained that no one dropped a paper about this on doorsteps, which has been suggested.  She explained that no one is directly impacted by this, but they are making assumptions about the future.  Things have changed and she doesn’t believe anyone wants to buy that property for a residence.  The only fairly new house in the area that fronts 200 North became a rehabilitation center after it could not be sold as a residence.  The proposed building is nice and would not change the neighborhood.  It is not in the middle of the neighborhood.  Three abutting property owners would not want a multiple family dwelling there.  She believes that the majority of people in that area don’t care because they know it won’t affect them personally and that change is inevitable.  The neighbors on the west side said they can’t think of a better business because it would be closed on the weekends and in the evenings.  This property is an island by itself and there are not a lot of options.  She believes it will eventually be used for something other than a house.

Walt Parrish stated that he does not dislike these people but believes that this property was put in place to protect them from 200 North.  He believes the area is residential and he considers that property to be part of the neighborhood.  He believes that a house could be constructed there.   If the rezone is granted, he believes this  will start a precedence of putting commercial down 200 North and the area will change. 

Dwain Klein stated that he feels this rezone should not be approved because of commercial creep.  Everything on the south side is residential with the exception of the rehabilitation center.  When they moved there, there was a wonderful residential, agricultural feel.  If one property is allowed to become commercial it would be spot zoning and would interrupt that feel and will not be consistent with surrounding properties.  He believes that the Planning Commission did not realize the unintended consequences.  The building may look residential but it will have a parking lot, lighting and a dumpster.   That does not feel residential to him.  He believes that the General Plan calls for commercial to be kept in certain areas on Main Street and 200 North.  There is currently no commercial there and that is how he would like it to remain.
    
REZONE OF 0.53 ACRE OF PROPERTY AT 1051 WEST 200 NORTH FROM R-1-20 (SINGLE FAMILY RESIDENTIAL) TO PB (PROFESSIONAL BUSINESS)

Andy Thompson explained that Cameron Russell is requesting a rezone of 0.53 acre at 1051 West 200 North from R-1-20 (Single Family Residential) to PB (Professional Business).  The PB zone is designed to provide sites for offices in which the intensity of use in terms of hours of operation and number of customers is less than that of a commercial zone.  The PB zone may be applied to properties that front Main Street or 200 North Street.  The PB zone is often used as a buffer between residential areas and major streets such as 200 North.  Business and professional offices are the only uses allowed in the PB zone.  Dr. Russell would like to move his dental practice to this property and is proposing a building large enough for his practice and one other dentist.  In 2011, the Planning Commission considered this rezone and a public hearing was held.  Several surrounding property owners expressed concerns that the property should remain residential.  The Planning Commission tabled the issue and directed Dr. Russell to speak with neighbors about what might be a feasible development and to work with City staff to review the building size, parking lot, landscaping and lighting plans.  Dr. Russell’s sister met with surrounding neighbors and reviewed his proposed site plan, the proposed exterior building drawings and building materials.  Dr. Russell worked with staff to insure that the plan meets all applicable parking, setback and other requirements.  The Planning Commission reviewed the proposal again recently and by a vote of six to one recommended approval of this request.  The Planning Commission felt this was the best use for the property since it was not a desirable location for single family housing and the site plan had been designed to mitigate any undesirable impacts this project may have on the adjacent neighborhood.  There is a 20' buffer around the building with a parking lot in front.  There will be lights in the parking lot.  Hours of operation would be to close by 6:00 p.m. and not be open on weekends.  The structure will be 5,000 square feet and will be similar to what is in that area. 

Council Member Stephens wanted to know what assurance the City would have that the building would look like what is being proposed.

Andy Thompson explained that the Council could condition the rezone on having a development agreement. 

Council Member Johnson wanted to know if there are floodplain issues on this lot.

Andy Thompson explained that a channel crosses the west corner of the property.  The development will have to meet all floodplain requirements. 

Mayor Hiatt stated that there have been concerns expressed because below 900 West there are no businesses on the south side of 200 North.  His only concern is the natural boundary between residential and the LI zone on 200 North.  This would be the first business on the south side, however, this could be a better neighbor than some other type of business.  He explained that the City purchased two properties on the south side of 200 North during construction of the overpass.  The City sold those properties after the overpass was constructed and at that time there was some discussion if those properties  should be put into a PB zone.  The City waited and sold them as residential.  Moving past the 900 West boundary with a PB zone is uncomfortable for him. 

Council Member Taylor stated that there are good points in both arguments.  The homes sold by the City are protected by the bridge and don’t have the same impact with getting onto 200 North.  He finds nothing in the ordinances to prohibit this rezone request.  He believes this will be a well maintained business and neighbors won’t get someone who will not take care of the property.

Council Member Garlick stated that he was serving on the Planning Commission two years ago when this item was first brought before that body.  He attended the recent Planning Commission meeting when this was discussed again.  The only decision he made while serving on the Planning Commission that he regrets is allowing this item to be tabled.  This property is an island and faces 200 North.  He asked some real estate agents if they thought residential could be viable there.  They felt that the only viable residential use for this lot would be something of higher density, like a duplex.  He believes that the majority of people in the area would much rather have the professional business use than higher density.  He doesn’t consider the PB zone to be commercial.  The proposed building looks residential.  He believes that this will be a quiet and respectful neighbor.  He  can’t imagine a better neighbor and better use for this property.  He does not believe there will be commercial creep because of this use.  He believes the PB zone was created to be used as a buffer.  He believes this is the right use for this property.

Council Member Garlick made a motion adopting Ordinance No. 13-2-1, Rezoning 0.53 Acre of Property at 1051 West 200 North from R-1-20 to PB, second by Council Member Miller.

Council Member Johnson stated that this is an issue he has wrestled with.  He has investigated the matter and thought about it.  He believes that the person who will be affected most by this decision  is the property owner because the owner is the most heavily invested.  The next most impacted are the neighbors whose properties directly abut the property.  When he hears that three out of four of the abutting property owners are fine with the proposal and the property owner wants the change, that carries a lot of weight in his mind. 

Council Member Stephens stated that this decision has been weighed and considered by the City Council and Planning Commission.  He doesn’t believe allowing this would move toward commercialism.   He would prefer that a development agreement be created to insure that the building will look like that being proposed.

Council Member Garlick amended his motion to include the stipulation that a development agreement be entered into which would include the plan presented, second by Council Member Miller. 

Council Member Miller stated that many years ago the City Council decided it was in Kaysville’s best interest to have a PB zone, which was added to the City’s plans.  Since that was approved, the City Council has approved PB rezones.  He believes they have turned out to be respected businesses which have not caused demotion of property values or anything worse.  He understands the concerns but believes the precedence of the PB zone has been set and has proven to be very effective in Kaysville.  The way this property faces, the architecture of the proposed building, and support from adjacent property owners leads him to support this rezone request.

Mayor Hiatt stated that there is nothing in the ordinances that compel the City Council to grant a rezone request.  The comments made this evening about immediate property owners may have additional impact but he doesn’t believe that should be given more consideration.  He doesn’t believe this will ruin the neighborhood and he doesn’t believe it will start a commercial movement.  He believes this can be a good neighbor but crossing the 900 West boundary is his biggest issue.  He doesn’t believe there was any ill intent for not posting a public notice sign by the Planning Commission or the City staff but it seems unreasonable to him that another sign was not posted when this item came up for consideration again.  If an item will be tabled for more than a specific amount of time he would like the sign to be posted again. 

Council Member Miller directed the City staff to research that matter.

Council Member Garlick stated that he also believes that if an item is tabled for a long period of time, the petitioner should not be required to pay another fee.  He would also like to see the public comment period at the end of Planning Commission meetings be put at the beginning of their agendas.  He recommended that the Planning Commission adjust their agendas to reflect that change.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, nay
Council Member Garlick, yea

The vote passed four to one.

WHISPERWOOD COVE SUBDIVISION PHASE 8 AMENDED PRELIMINARY AND FINAL PLAT

Andy Thompson explained that this subdivision consists of one lot at 886 Warm Springs Circle.  The lot has been used as a front yard and driveway to a home that sits north of the lot.  The owner would now like to build a home on this lot with the home toward the back of the lot.  In order for the new home to be placed in the desired location, it is necessary to add additional property to the originally platted lot.  The newly configured lots meet all applicable requirements.  The Planning Commission held a public hearing and unanimously recommend approval.

Council Member Miller made a motion granting preliminary and final plat approval of Whisperwood Cove Subdivision Phase 8 Amended, second by Council Member Stephens.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

HAZEL WAY SUBDIVISION PRELIMINARY AND FINAL PLAT

Andy Thompson explained that this subdivision is located at 251 West 100 South.  The home that was located here has recently been removed and the property owner would now like to develop a private lane, three lot subdivision on the 0.67 acre parcel.  Each of the three proposed lots meet the zoning requirements of the R-1-8 zone without counting the private lane in the lot area.  The private lane will take access off of 100 South on the west side of the property adjacent to an empty lot.  The Planning Commission held a public hearing and unanimously recommend approval.

Council Member Taylor  made a motion granting preliminary and final plat approval for Hazel Way Subdivision, second by Council Member Stephens.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

SUNSET EQUESTRIAN ESTATES PLAT 13 SUBDIVISION FINAL PLAT

Andy Thompson explained that this subdivision is located at approximately 1600 South Kentucky Derby Way and consists of 37 lots ranging in size from 13,000 square feet to 23,000 square feet.  The plat is in compliance with the preliminary plat and all associated requirements.  The Planning Commission recommends approval.  Construction on the equestrian center is finished and it is operating as a private business.  The equestrian trail around this development is still intact.

Council Member Garlick made a motion granting final plat approval for Sunset Equestrian Estates Plat 13 Subdivision, second by Council Member Johnson.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

ACCEPTANCE OF IMPROVEMENTS IN BRIDLEWALK PLACE (SUNSET EQUESTRIAN ESTATES PLAT 9) SUBDIVISION

Andy Thompson explained that this phase of Sunset Equestrian Estates was approved and constructed several years ago.  The project was sold and resold and Henry Walker Homes finished the improvements.  During the course of these transfers, the City allowed the open space to be bonded for separately from the street improvements.  The street improvements have been previously accepted.  Henry Walker has now completed the required open space improvements and is requesting that they also be accepted.  City staff has inspected these improvements and found them to be complete and in compliance with City requirements.

Council Member Garlick  made a motion to accept the improvements for Bridlewalk Place (Sunset Equestrian Estates Plat 9) Subdivision with a one year warranty and 10% surety, second by Council Member Taylor.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

REZONE OF 0.46 ACRE OF PROPERTY AT 317 WEST BURTON LANE FROM R-A (RESIDENTIAL AGRICULTURE) TO R-1-20 (SINGLE FAMILY RESIDENTIAL)

Andy Thompson explained that Doug Stanger has submitted a request to rezone this property.  The property currently has a single family dwelling on it and is adjacent to a neighborhood zoned R-1-20.  This rezone request will extend the existing R-1-20 zone to include Mr. Stanger’s property.  This will allow Mr. Stanger to make modifications to his home.  He has indicated the desire to build a mother-in-law apartment and use it as a duplex in the future.  The Planning Commission recommends approval.

Council Member Stephens made a motion adopting Ordinance No. 13-2- 2, Rezoning 0.46 Acre of Property at 317 West Burton Lane from R-A to R-1-20, second by Council Member Johnson.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

AMENDMENT OF CHAPTER 1, ADMINISTRATION, AND CHAPTER 13, LICENSING AND REGULATION OF RETAIL TOBACCO SPECIALTY BUSINESS, OF TITLE 16, LICENSING, CONTROL AND REGULATION OF BUSINESS, OF THE REVISED ORDINANCES OF KAYSVILLE CITY

John Thacker explained that on December 18, 2012 the Council adopted Ordinance No. 12-12-1, which adopted Chapter 13, Retail Tobacco Specialty Business.  As the Ordinance was being codified, several inconsistencies were found.  Several Sections in Chapter 1 and Chapter 13 should be amended. 

Council Member Taylor made a motion adopting Ordinance No. 13-2-3, Amending Chapter 1, Administration, and Chapter 13, Licensing and Regulation of Retail Tobacco Specialty Business, of Title 16, Licensing, Control and Regulation of Business, of the Revised Ordinances of Kaysville City, second by Council Member Garlick.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

COUNCIL MEMBER REPORTS   

Mayor Hiatt explained some legislative changes being proposed this year.  One would change the municipal candidate filing period to May 16-31.  Another deals with the Affordable Care Act, and another one could increase the General Fund reserve cap for municipalities.

John Thacker explained that the gates on east Center Street have been opened to allow for better access to remove snow.  The first violation through that access could result in the City closing the gates.

MINUTES

Council Member Garlick made a motion approving the February 5, 2013 City Council minutes, second by Council Member Miller.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

CLAIMS

Council Member Miller made a motion approving claims in the amount of $1,394,663.39, second by Council Member Taylor.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The vote passed unanimously.

CALENDAR

The Council Members reviewed a three month calendar. 

CLOSED MEETING TO DISCUSS PERSONNEL                                      

Council Member Stephens made a motion to adjourn the City Council meeting at 8:35 p.m. and reconvene into a closed meeting to discuss personnel, second by Council Member Taylor.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

Council Member Johnson made a motion to adjourn the closed meeting at 10:00  p.m. and reconvene into the City Council meeting, second by Council Member Garlick.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

Council Member Garlick made a motion for adjournment at 10:00 p.m., second by Council Member  Johnson and passed unanimously.