NOTICE OF MEETING TO BE HELD IN PUBLIC AND EXECUTIVE SESSION
OF THE MORGAN COUNTY COUNCIL
TUESDAY, NOVEMBER 7, 2017
5:00 P.M.
MORGAN COUNTY COURTHOUSE
48 WEST YOUNG STREET
MORGAN, UTAH
Except as noted above, times for agenda items are approximate and may be changed as circumstances require. Agenda items may or may not be discussed in the order they are listed. Interested members of the general public are encouraged to remain in attendance for the duration of the meeting in the event discussion of an agenda time begins earlier than listed.
AGENDA
Call to Order
Prayer & Pledge
Consent Calendar –
· Approval of Agenda
· Approval of Checks
· Approval of Minutes (October 3rd & 17th)
· Treasurer – Refund to Sprint Corp. for Appeal #16-928
Public Comment Period –
County Vision –
Council Business –
Business –
1. Jann Farris – Discussion/Decision: SLC Pipeline v. Property Tax Division – Stipulation for Dismissal 2010-2017 Tax Periods
2. Lance Evans – Discussion/Decision: Public Meeting for a Conditional Use Permit Request by Mountain Green Dance Company for a Category III Home Occupation permit for a Dance Studio in a residential zone
3. Gina Grandpre – Discussion/Decision: Public Meeting for a proposed plat amendment, amending the building envelope to allow for an accessory building, located at approximately, 21 W. Vista Dr. in Morgan, UT
4. Gina Grandpre – Discussion/Decision: Public Meeting for a proposed conditional use permit to build an agricultural barn, as required by the recorded plat. It is located at approximately 3553 W. Ridge View Dr.
5. Lance Evans – Discussion/Public Hearing/Decision: To amend the Morgan County Code (MCC) for Commercial and Industrial Districts. *Continuation of October 3, 2017 County Council Meeting*
6. John Barber – Discussion/Decision: Ordinance #CO-17-33, an Ordinance allowing County Council Members to enroll in the County Employee Insurance Plans
7. Roland Haslam – Discussion: Electronic Payment System
8. Ned Mecham – Discussion/Decision: Replace Morgan County Employee Code of Conduct with Utah Code 17-16a, the County Officers and Employee Disclosures Act
9. Ned Mecham – Discussion/Decision: September 19, 2017 vote for a Planning Commission for Mountain Green against State Code (Tabled from October 17, 2017 Council Meeting)
10. Tauna MacPherson/Stacy Netz Clark – Discussion/Decision: Request Council to create an Ordinance to facilitate paperless storage/retention of County documents
Executive Session - Personnel
ADJOURN
Note: The Council may vote to discuss certain matters in Executive Session pursuant to Utah Code Annotated §52-4-205. In accordance with the requirements of Utah Code Annotated §52-4-203 (2)(e)(f), the clerk records in the minutes the names of all citizens who appear and speak at the County Council meeting and the substance “in brief” of their comments. Such statements may include opinion or purported facts. The county does not verify the accuracy or truth of any statement but includes it as part of the record pursuant to state law. In compliance with the Americans with Disabilities Act, individuals needing accommodations (including auxiliary communicative aids and services) during this meeting should notify Tauna MacPherson at (801)845-6091 at least 24 hours before this meeting. Agendas are also posted on the county web site at http://www.morgan-county.net under ‘Agendas & Notices’ and on the Utah Public Meeting Notice website at http://www.utah.gov/pmn/index.html.
Date Posted November 2, 2017
Time Posted: 3:15 P.M.
Posted by: Tauna MacPherson
NOTICE OF MEETING TO BE HELD IN PUBLIC AND EXECUTIVE SESSION
OF THE MORGAN COUNTY COUNCIL
TUESDAY, NOVEMBER 7, 2017
5:00 P.M.
MORGAN COUNTY COURTHOUSE
48 WEST YOUNG STREET
MORGAN, UTAH
Except as noted above, times for agenda items are approximate and may be changed as circumstances require. Agenda items may or may not be discussed in the order they are listed. Interested members of the general public are encouraged to remain in attendance for the duration of the meeting in the event discussion of an agenda time begins earlier than listed.
AGENDA
Members Present Others Present
Ned Mecham, Chair Debbie Sessions Jenni Earl Carla Parish
Roland Haslam Tina Kelley Robert McConnell Marshall Parish
Tina Cannon John Triplett Mike Johansen Robert Blocker
John Barber Andrea Franklin Stephanie Demars
Austin Turner Kaylee Martin Stacy Roundy
Kent Wilkerson Kevin Hall
Member Excused Lars Birkeland Rulon Gardner
Robert Kilmer Michele Lyman Raelene Blocker
Marina Hallstien Sandy Walker
Member Call-In Lori Lee Mike Royall
Daryl Ballantyne Emily Mendenhall Brent Flamm
LaNeece Flamm Michelle Parks
Jody Dutremble Preston Lee
Other Staff Present
Tauna MacPherson, Human Resource Manager
Jann Farris, County Attorney
Stephen Lyon, Economic Development Director
Lance Evans, Planning & Development Director
Gina Grandpre, Planner I
Bonnie Thomson, County Treasurer
Call to Order by Member Mecham at 5:00 pm
Prayer & Pledge by Member Cannon
Consent Calendar –
· Approval of Agenda
· Approval of Checks
· Approval of Minutes (October 3rd & 17th)
· Treasurer – Refund to Sprint Corp. for Appeal #16-928
Member Haslam asked that his Agenda item #7 be pulled
Motion to approve the Consent Calendar by Member Cannon. Seconded by Member Barber. The vote was unanimous. The motion passed.
Public Comment Period –
Michele Lyman – Mtn. Green: Addressed item #2 on the Agenda regarding the Conditional Use Permit for the Mountain Green Dance Company. Lives down the street and traffic has been getting congested. Discussed Morgan County Code. Discussed Home Occupation conditions, parking and limit of students for a Level I Permit. They have been pushing their numbers quite a bit and should be conducting this type of business in a commercial zone. Does not want them to be able to obtain a Level III Permit. Discussed accessory apartments, that was discussed in a previous council meeting and thinks it is a great idea.
Marina Hallstien – Addressed Agenda item #2 regarding the Conditional Use Permit (CUP). Supports the business and issuance of a class III permit. Discussed measures put in place to protect children and safety concerns. Discussed the Cottonwoods community MOA and HOA and asked that any comments made be stricken; emails and support that was presented to the Planning Commission. Addressed Agenda item #9 regarding a Planning Commission for Mtn. Green – agrees that it should be put in place.
Lori Lee – Here to support Mtn. Green Dance Company. Is a teacher and discussed the caliber of training that is being provided by the dance company. Feels that children need the training that is being offered rather than having to go outside of the county. Asked the council to reconsider what is being brought to the table.
Lars Birkland – Is in support of the Dance Company. If council votes against, suggested that they be given time to find a new location. Asked about the Planning Commission for Mtn. Green and likes to see good responsible growth in the entire county.
Emily Mendenhall – Supports the Dance Studio’s request for a permit. Would like to stay local. Also added support for a planning commission in Mtn. Green.
Jenny Earl – Ask that when the council addresses the issue with the Dance Studio that they realize what the impact may be for other businesses.
Robert McConnell – Discussed the CUP for home based occupations, the vehicle limits per hour and the national average. Discussed parking issues that currently exist, and the need for commercial businesses in the county. Also, addressed the Cottonwoods HOA.
Kaylee Martin – Is in support of the Dance Studio. It runs very classy and age appropriate. Also, in support of the Mtn. Green planning commission.
Mike Johansen – Manages the Cottonwood HOA. It is currently in transition and discussed the current issues regarding home based businesses. Is not in opposition with the Dance Studio as long as it operates within the Class I business license requirements. A Class III business license could cause additional issues in the area. Encouraged the council to not consider the Class III license because it does not fit within the Cottonwood Community.
Stephanie Demars – Lives across the street from the Trageser’s. Believes the traffic concerns that continue to be addressed are an issue because she has not seen or witnessed any issues. Admits there is a traffic issue but to strictly say it is in reference to the studio is a matter of opinion and not based on fact. Believes that a dance studio in the Cottonwoods encompasses the feel of the neighborhood. It’s about family and fostering children.
Andrea Franklin – Asked about parks and recreation in Mtn. Green and the $100,000.00 of Impact Fees that were approved by the council at the last meeting for the new park in Morgan. Since 93 out of the last 121 building permits were issued in Mtn. Green, this is a valid question. She looked at the Impact Fee plan and identified, with the help of her father who is a city manager, several issues she should be concerned with. The method used to come up with the impact fees is ok but the plan is severely lacking on how to spend the money collected. She stated the three things the county lists on page 6 to meet state law on how to spend funds. These three things are not found in the report at all. The first one is the future capital facilities analysis. This paragraph refers to the list of capital projects necessary to serve the new growth. The information seems to be missing from the plan entirely. This is usually a detailed plan of park and park improvements. This should be a list of projects or park acquisitions needed to end up having the same per capita level of service, which exists now. The population has essentially doubled. The plan estimates that the county population will almost double from the year 2016 to 2026. What will our parks systems look like since the population is planned to double?
The second piece that seems to be missing is the financial strategy. This should have been a plan on how to pay for the list of projects outlined in the future capital facilities analysis. I couldn’t find any financial plan and this should have been a plan showing the estimated impact fees coming in over the years. What projects are done, when, and if any borrowing is necessary. The third thing she noticed was the proportionate share analysis. This analysis shows the impacts of new development and how it is related to what the plan is. For example, if most of the growth is happening in a certain area, that would relate to where the new parks would be. With no plan for the new development there is no way to show this. Again, is this analysis someplace else, or was it just not done? She does not see how this plan meets the requirements outlined in the Impact Fees Act. She believes the county should not be randomly approving to spend money for new parks when it doesn’t appear that those parks are in the Impact Fee Plan. She would ask that the county please take a look at the plan and fix it because there is a lot of benefit that the community could have with the plan in place.
Stacy Roundy - Has two children that attend the Dance Studio. Stated that traffic is a valid concern, it also includes a couple of bus stops. Is in support of the Dance company but feels traffic needs to be addressed due to the growth and a lot of children in the area, not just because there is a dance company there. There is a lot on construction going on and the amount of construction will not be decreasing anytime soon. Her concern, in addition to supporting the Trageser’s, is to control the traffic on Hidden Hills and believes there is an opportunity to have a stop sign at the intersection where the bus stops. There is a lot of Willow Creek residents here and they will confirm that there is a lot of traffic and that people go fast when they are not paying attention. During the twelve months the dance studio has been open their attendance has doubled, with no advertising which shows there is a need in their community. If the category III is denied she would implore the council time to find another location.
Kevin Hall – Is in support of the Dance Studio. Agrees with previous comments. Believes the staff report is biased. And was appalled as to what was in it. Asked the council to look from a legal and code stand point, to actually understand what is going on. The staff report does not do a good job of laying out the actual issues at hand. It does say conditional use shall be approved, if reasonable conditions are proposed, can be imposed. The main purpose of the standards is to impose requirements and conditions necessary for protection of property, not to deny it, but basically find what the conditions are that would allow this approved as the law already provides for.
Business –
1. Jann Farris – Discussion/Decision: SLC Pipeline v. Property Tax Division – Stipulation for Dismissal 2010-2017 Tax Periods
County Treasurer discussed the Salt Lake County Pipeline State Assessed Appeal. The county’s portion of the $502,705.80 due is $189,938.54. If it is paid by December 15, 2017 there would be no interest accrued. The 2017 Property Tax Valuation has also been adjusted. The amount the county will receive in taxes from SLC Pipeline for 2017 is $59,311.74. Member Cannon discussed the issues with centrally assessed taxes and the ability to defend going forward due to the large corporation’s deep pockets to defend themselves. Additional discussion was made between the County Treasurer, County Attorney and Council.