Attendance: Council Members Present: Staff Present: Excused ...
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HERRIMAN CITY COUNCIL MEETING MINUTES September 20, 2007 APPROVED October 4, 2007 6:00 P.M. ~ Briefing Session (Open to the Public)
Attendance: Chair/Mayor J. Lynn Crane.
Council Members Present:
Raquel DeLuca, Michelle Facer-Baguley, Keith G. Adams.
Staff Present:
John Brems, City Attorney Kristi Peterson, City Recorder Glenn Graham, City Planner Brett Wood, Assistant City Manager
Excused:
Council member Jerry Walker
7:00 P.M. ~ Regular City Council Meeting
Attendance: Chair/Mayor J. Lynn Crane.
Council Members Present:
Raquel DeLuca, Michelle Facer-Baguley, Keith G. Adams.
Staff Present:
John Brems, City Attorney Kristi Peterson, City Recorder Glenn Graham, City Planner Brett Wood, Assistant City Manager
Excused:
Council member Jerry Walker
Others Present:
Please see attendance sign in sheet.
7:10:07 PM
Chair /Mayor Crane called the meeting to order and welcomed those in attendance.
1. GENERAL BUSINESS: 7:10:40 PM 1.1 Reverence / Thought: Brent Tanner offered the Reverence. 7:11:35 PM
1.2
Pledge of Allegiance: Mike Day directed the Pledge of Allegiance.
7:17:10 PM
1.3
Roll Call:
All members are present at tonight’s meeting except for Council member Jerry Walker 7:17:21 PM
1.4
Citizen Comments:
Chair / Mayor Crane opens the citizen comments and calls for any citizens who wishes to speak to come to the podium and address the City Council members. There was no citizen comment and Chair/Mayor Crane declared the citizen comments closed.
2. APPOINTMENTS: 7:18:01 PM 2.1 Discussions and consideration of Resolution No. 07.39 “A resolution appointing an additional member to the Herriman historical committee”. Council member Michelle Facer-Baguley MOVES to approve resolution no. 07.39 a resolution appointing Darlene Hardman as additional member to the Herriman historical committee. Council member Keith G. Adams SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
3. PRESENTATIONS: 7:19:32 PM 3.1 Debbie Stauffer ~ Butterfield Canyon Elementary. – Continued from June 21, 2007. 3.2 3.3 3.4
Kenna Sorensen ~ Fort Herriman Middle School. Vickie Robinson ~ Herriman Elementary School. Marc Record ~ Butterfield Canyon Elementary School.
4. FINAL PLAT APPROVALS: 7:25:53 PM 4.1 Butters Estates, 6970 West Rose Canyon Road. Mr. Graham orients the council members, staff and audience members with a site plans, aerial maps, and any images that he has prepared for this agenda item.
City Attorney John N. Brems remarks he has reviewed this mylar, there are a couple highly technical issues with it, so I recommend that you approve it subject to my final
review and Gordon Haight, City Engineer wants to put another little look and see at it. Trevor Hull, address on file, has a question for Mr. Brems. Mr. Hull comments that he is a consultant on this with Mr. William Bustos. Mr. Hull asks if the full right of way need to be dedicated with that plat. John N. Brems, City Attorney comments that they do not own the full right of way. They can’t dedicate the 25 feet because they don’t own it. Mr. Hull agrees and he questions Mr. Brems if the road needs to be put in so they have access to the back lot? Mr. Brems, comments that is what Gordon Haight is going to wrestle through. Mr. Hull agrees. The planning commission stated that Mr. Bustos needed to go and purchase that right of way, and he actually did purchase that from them so now that Mr. Bustos has not gone but Kaycee Butters is coming forward. Mr. Bustos was required to purchase the land, now he is not going to developing it, but she is coming forward and capitalize on the easement. As far as the improvements and everything who is going to pay for that? Because if you remember, in planning commission it was stated that Mr. Bustos would not have reimbursement at all of the road for those existing homeowners and there is an exciting agreement with William and them but in the event they did subdivide there is a reimbursable agreement and obvious Mayor you know Williams stance on that with the market he is going to sit and wait on it so I just wanted to make you aware of this. Glenn Graham comments that two of the issues that Trevor brought up I think that is why Gordon wants to look at this a little closer. Even though you approve it, I think there are some other things that we need to look at before it actually goes away. One of the requirements made was that this road needs to be installed before they can divide this lot. Trevor Hull states the only reason he is here is so we had this discussion on the minutes and so it can be addressed in the future that is the only reason why I am bringing it up. Kaycee Butters, address on file, I just want to bring up I did everything in my power to help William Bustos on this. I didn’t ask him to pay me like my neighbours did. I just went along with them. Mayor Crane asks if William Bustos purchased that roadway from you. Kaycee Butters, stated from four of us. It really wasn’t me stomping my feet and saying you will pay, he is making it sound like that. I don’t want you to think it was me. Mayor Crane comments that the reality is that he was going to move forward with the development, we told him order to able to move forward with the development he would have to have the sixty foot roadway, and probably the only way that could happen is if he purchased that right of way from the property owners and that he would have to build the road. Kaycee Butters states if I would have known he was going to sit on this, I would have never sold him my piece. Mayor Crane, it’s a question of fairness, it’s not quit fair that William Bustos build the full road so other properties can subdivide and take advantage of that. Kaycee Butters states there is another road on the east side and she would have preferred to of had access from, that is a better road all the way around I really don’t want to access from the west side of the lot. There are all those houses in the back and there are four or five houses on that right now. And I have access to my barn. Glenn Graham comments that Gordon will address that. Mayor Crane states that we are not suggesting that anybody was devious in anyway by the situation but at the same time I think we need to be fair to both property owners and so we we’ll take this back to our engineers and have them make some
recommendations for resolving the question connected to it and then go forward. So our question tonight is do we want to approve it based on that happening or do we want to continue this to our next meeting. Council member Raquel DeLuca MOVES to approve final plat for the Butter Estates with the issues to be worked out with our City Engineer, City Attorney, and City Planner. Council member Michelle Facer-Baguley SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
5. PUBLIC HEARINGS: 7:36:59 PM 5.1 Regarding the Trevor Hull or Thompson annexation. No Public Comment.
7:40:51 PM
5.2
6. 7:46:48 PM
6.1
Regarding the Washburn annexation. Brenton Barwick, address on file. Asked what the zoning is for this area, it was noticed as FR-1. Mr Barwick is ok with the FR-1 zone.
ANNEXATIONS: Discussions and consideration of Ordinance No. 07-47 “An ordinance annexing certain property located at approximately 6935 West 13700 South, commonly known as the Trevor Hull and/or Thompson annexation. Council member Keith G. Adams MOVES to approve ordinance no. 07-47 an ordinance annexing certain property located at approximately 6935 West 13700 South, commonly known as the Trevor Hull and/or Thompson annexation. Council member Raquel DeLuca SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
7:48:27 PM
6.2
Discussions and consideration of Ordinance No. 07-48 “An ordinance annexing certain property located at approximately 15149 South and 14798 South Majestic Oaks Lane commonly known as the Washburn Annexation. Council member Michelle Baguley MOVES to approve ordinance no. 07-48 an ordinance annexing certain property located at approximately 15149 South and 14798 South Majestic Oaks Lane commonly known as the Washburn Annexation. Council member Raquel DeLuca SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
7:50:19 PM
6.3
Discussions and consideration of Resolution No. 07.40 “A resolution of the Herriman City Council acknowledging the receipt of Notice of Certification of
Petition for Rosecrest / DAI / OPO Annexation. Council member Keith G. Adams MOVES to approve resolution no. 07.40 a resolution of the Herriman City Council acknowledging the receipt of Notice of Certification of petition for Rosecrest / DAI / OPO (other property owners) Annexation. Council member Michelle Baguley SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
7.
NEW ITEMS OF SUBSEQUENT CONSIDERATIONS: No other items of discussions.
8.
ADJOURNMENT: Council member Raquel DeLuca MOVED to adjourn this City Council Meeting. Council member Michelle Facer-Baguley SECONDED the motion. Chair/ Mayor J. Lynn Crane called for discussion on the motion. There being none, he called for a roll call vote. The vote was as follows: Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes All City Council members voted in support of this motion, motion passes unanimously. This City Council meeting adjourned at 7:56:42 PM
This document along with the digital recording constitute the official minutes for the Herriman City Council Meeting held on Thursday, September 20, 2007.
I, Kristi Peterson, do hereby certify that I am the duly appointed, qualified, and acting City Recorder for Herriman, State of Utah, and do further certify that the foregoing minutes represent a true and accurate, and complete record of this meeting held on this date of September 20, 2007. Kristi Peterson, CMC City Recorder
HERRIMAN CITY COUNCIL MEETING MINUTES September 20, 2007 APPROVED October 4, 2007 6:00 P.M. ~ Briefing Session (Open to the Public)
Attendance: Chair/Mayor J. Lynn Crane.
Council Members Present:
Raquel DeLuca, Michelle Facer-Baguley, Keith G. Adams.
Staff Present:
John Brems, City Attorney Kristi Peterson, City Recorder Glenn Graham, City Planner Brett Wood, Assistant City Manager
Excused:
Council member Jerry Walker
7:00 P.M. ~ Regular City Council Meeting
Attendance: Chair/Mayor J. Lynn Crane.
Council Members Present:
Raquel DeLuca, Michelle Facer-Baguley, Keith G. Adams.
Staff Present:
John Brems, City Attorney Kristi Peterson, City Recorder Glenn Graham, City Planner Brett Wood, Assistant City Manager
Excused:
Council member Jerry Walker
Others Present:
Please see attendance sign in sheet.
7:10:07 PM
Chair /Mayor Crane called the meeting to order and welcomed those in attendance.
1. GENERAL BUSINESS: 7:10:40 PM 1.1 Reverence / Thought: Brent Tanner offered the Reverence. 7:11:35 PM
1.2
Pledge of Allegiance: Mike Day directed the Pledge of Allegiance.
7:17:10 PM
1.3
Roll Call:
All members are present at tonight’s meeting except for Council member Jerry Walker 7:17:21 PM
1.4
Citizen Comments:
Chair / Mayor Crane opens the citizen comments and calls for any citizens who wishes to speak to come to the podium and address the City Council members. There was no citizen comment and Chair/Mayor Crane declared the citizen comments closed.
2. APPOINTMENTS: 7:18:01 PM 2.1 Discussions and consideration of Resolution No. 07.39 “A resolution appointing an additional member to the Herriman historical committee”. Council member Michelle Facer-Baguley MOVES to approve resolution no. 07.39 a resolution appointing Darlene Hardman as additional member to the Herriman historical committee. Council member Keith G. Adams SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
3. PRESENTATIONS: 7:19:32 PM 3.1 Debbie Stauffer ~ Butterfield Canyon Elementary. – Continued from June 21, 2007. 3.2 3.3 3.4
Kenna Sorensen ~ Fort Herriman Middle School. Vickie Robinson ~ Herriman Elementary School. Marc Record ~ Butterfield Canyon Elementary School.
4. FINAL PLAT APPROVALS: 7:25:53 PM 4.1 Butters Estates, 6970 West Rose Canyon Road. Mr. Graham orients the council members, staff and audience members with a site plans, aerial maps, and any images that he has prepared for this agenda item.
City Attorney John N. Brems remarks he has reviewed this mylar, there are a couple highly technical issues with it, so I recommend that you approve it subject to my final
review and Gordon Haight, City Engineer wants to put another little look and see at it. Trevor Hull, address on file, has a question for Mr. Brems. Mr. Hull comments that he is a consultant on this with Mr. William Bustos. Mr. Hull asks if the full right of way need to be dedicated with that plat. John N. Brems, City Attorney comments that they do not own the full right of way. They can’t dedicate the 25 feet because they don’t own it. Mr. Hull agrees and he questions Mr. Brems if the road needs to be put in so they have access to the back lot? Mr. Brems, comments that is what Gordon Haight is going to wrestle through. Mr. Hull agrees. The planning commission stated that Mr. Bustos needed to go and purchase that right of way, and he actually did purchase that from them so now that Mr. Bustos has not gone but Kaycee Butters is coming forward. Mr. Bustos was required to purchase the land, now he is not going to developing it, but she is coming forward and capitalize on the easement. As far as the improvements and everything who is going to pay for that? Because if you remember, in planning commission it was stated that Mr. Bustos would not have reimbursement at all of the road for those existing homeowners and there is an exciting agreement with William and them but in the event they did subdivide there is a reimbursable agreement and obvious Mayor you know Williams stance on that with the market he is going to sit and wait on it so I just wanted to make you aware of this. Glenn Graham comments that two of the issues that Trevor brought up I think that is why Gordon wants to look at this a little closer. Even though you approve it, I think there are some other things that we need to look at before it actually goes away. One of the requirements made was that this road needs to be installed before they can divide this lot. Trevor Hull states the only reason he is here is so we had this discussion on the minutes and so it can be addressed in the future that is the only reason why I am bringing it up. Kaycee Butters, address on file, I just want to bring up I did everything in my power to help William Bustos on this. I didn’t ask him to pay me like my neighbours did. I just went along with them. Mayor Crane asks if William Bustos purchased that roadway from you. Kaycee Butters, stated from four of us. It really wasn’t me stomping my feet and saying you will pay, he is making it sound like that. I don’t want you to think it was me. Mayor Crane comments that the reality is that he was going to move forward with the development, we told him order to able to move forward with the development he would have to have the sixty foot roadway, and probably the only way that could happen is if he purchased that right of way from the property owners and that he would have to build the road. Kaycee Butters states if I would have known he was going to sit on this, I would have never sold him my piece. Mayor Crane, it’s a question of fairness, it’s not quit fair that William Bustos build the full road so other properties can subdivide and take advantage of that. Kaycee Butters states there is another road on the east side and she would have preferred to of had access from, that is a better road all the way around I really don’t want to access from the west side of the lot. There are all those houses in the back and there are four or five houses on that right now. And I have access to my barn. Glenn Graham comments that Gordon will address that. Mayor Crane states that we are not suggesting that anybody was devious in anyway by the situation but at the same time I think we need to be fair to both property owners and so we we’ll take this back to our engineers and have them make some
recommendations for resolving the question connected to it and then go forward. So our question tonight is do we want to approve it based on that happening or do we want to continue this to our next meeting. Council member Raquel DeLuca MOVES to approve final plat for the Butter Estates with the issues to be worked out with our City Engineer, City Attorney, and City Planner. Council member Michelle Facer-Baguley SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
5. PUBLIC HEARINGS: 7:36:59 PM 5.1 Regarding the Trevor Hull or Thompson annexation. No Public Comment.
7:40:51 PM
5.2
6. 7:46:48 PM
6.1
Regarding the Washburn annexation. Brenton Barwick, address on file. Asked what the zoning is for this area, it was noticed as FR-1. Mr Barwick is ok with the FR-1 zone.
ANNEXATIONS: Discussions and consideration of Ordinance No. 07-47 “An ordinance annexing certain property located at approximately 6935 West 13700 South, commonly known as the Trevor Hull and/or Thompson annexation. Council member Keith G. Adams MOVES to approve ordinance no. 07-47 an ordinance annexing certain property located at approximately 6935 West 13700 South, commonly known as the Trevor Hull and/or Thompson annexation. Council member Raquel DeLuca SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
7:48:27 PM
6.2
Discussions and consideration of Ordinance No. 07-48 “An ordinance annexing certain property located at approximately 15149 South and 14798 South Majestic Oaks Lane commonly known as the Washburn Annexation. Council member Michelle Baguley MOVES to approve ordinance no. 07-48 an ordinance annexing certain property located at approximately 15149 South and 14798 South Majestic Oaks Lane commonly known as the Washburn Annexation. Council member Raquel DeLuca SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
7:50:19 PM
6.3
Discussions and consideration of Resolution No. 07.40 “A resolution of the Herriman City Council acknowledging the receipt of Notice of Certification of
Petition for Rosecrest / DAI / OPO Annexation. Council member Keith G. Adams MOVES to approve resolution no. 07.40 a resolution of the Herriman City Council acknowledging the receipt of Notice of Certification of petition for Rosecrest / DAI / OPO (other property owners) Annexation. Council member Michelle Baguley SECONDED the motion. Chair/ Mayor J. Lynn Crane asked if there are any questions on the motion. Being none, he calls for the vote. Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes The motion carried with a 4/0 vote.
7.
NEW ITEMS OF SUBSEQUENT CONSIDERATIONS: No other items of discussions.
8.
ADJOURNMENT: Council member Raquel DeLuca MOVED to adjourn this City Council Meeting. Council member Michelle Facer-Baguley SECONDED the motion. Chair/ Mayor J. Lynn Crane called for discussion on the motion. There being none, he called for a roll call vote. The vote was as follows: Council member Jerry Walker ABSENT Council member Michelle Facer-Baguley Yes Council member Raquel DeLuca Yes Council member Keith G. Adams Yes Chair / Mayor J. Lynn Crane Yes All City Council members voted in support of this motion, motion passes unanimously. This City Council meeting adjourned at 7:56:42 PM
This document along with the digital recording constitute the official minutes for the Herriman City Council Meeting held on Thursday, September 20, 2007.
I, Kristi Peterson, do hereby certify that I am the duly appointed, qualified, and acting City Recorder for Herriman, State of Utah, and do further certify that the foregoing minutes represent a true and accurate, and complete record of this meeting held on this date of September 20, 2007. Kristi Peterson, CMC City Recorder
