October 8, 2008 Victor City Hall
CITY COUNCIL
MEETING MINUTES - DRAFT
Council President David Kearsley called the meeting to order with Councilmen Bergart and Fitzgerald in attendance. The minutes of the September 24, 2008 meeting with noted corrections were motioned and seconded for approval. The ayes were unanimous.
City of Victor – Water Rights
Rob Heuseveldt from Sunrise Engineering discussed an issue regarding certain water rights with the Department of Water Resources and gave Council a copy of correspondence received from our law firm. Mr. Heuseveldt then gave a little history on these rights (22-566A and 22-122) and after research was completed it was found that even with the recommended changes, the city has an adequate amount of water rights. The city found no objection to the time limitation on the period of use for irrigation (April 15 to October 15 of each year).
After brief discussion, a motion was made and seconded to grant approval for the Mayor to sign the SF5 forms. The ayes were unanimous.
Hoback Investments
Bill Weiss, representing the Hoback partnership, addressed the Council on two issues that the partnership has with the Memorandum of Understanding. The group is questioning why the city is asking for access through their property to the other buildings directly south of their location. Mr. Weiss believes that this seems to favor the old theater and was under the impression that the neighbors could negotiate this without the city being involved. He was also concerned about how this would affect their parking as they are three spaces short according to the present ordinance. Carolyn Burke also voiced concerns about the intent of this access.
Councilman Kearsley explained that this is ordinance driven and they must provide an access that gives the ability to go from one property to another. This access is needed for delivery vehicles so they do not have to go back to the highway to reach their delivery site. The opinion of City Attorney Paul Fitzer, who was video conferenced in to the meeting, concurs with Council’s and that Hoback Investments will have to provide the access.
Amber Gugeler of Letham Architects read a letter from Mike Wolken (who owns the old theater) and wanted his opinion known as to where he believes the alleyway should be. As the Letham firm represents both neighboring clients, she also raised the concern about having to relocate the site of the dumpster if the access has to go through the property.
Council expressed that the city want to design where this access goes and that the property owners could get together and work it out. The city is requiring an access that delivery trucks can go through. Surveying where the sewer lines are is one suggestion that P&Z Administrator Cari Golden stated was in the staff report.
Public Hearing – Wrangler’s Ridge – Final Plat
Council President Kearsley went through the proper procedures to commence the beginning of this public hearing after designating the proper location. There was no conflict of interest. Sunrise Engineering’s Rob Heuseveldt went over a letter that was sent to the applicant in August and stated that the majority of requested items had been completed. Mr. Heuseveldt stated that all the construction drawings pertaining to the planned lift station elevation would have to go before a DEQ approval meeting.
Discussion was held concerning the intersection of Highway 33 and 700 South with the required left turn lane. If the applicants do not put this turn lane in, they will be subject to paying the piggyback amount to whoever puts the turn lane in.
There was also discussion held about incorporating this lift station into the Capital Facilities plan and this could be a regional lift station (it has been sized for the regional station). There was also discussion about water recapture being owed to Victor Mountain Retreat, LLC due to the new well. There needs to be something submitted to FEMA regarding the flood plain as per the Williams Engineering firm’s consultation, even though this is located in the park. This will be required of A-W Engineering to submit.
Planning and Zoning Administrator Cari Golden gave the staff report. She stated similar concerns that Mr. Heuseveldt expressed and added the covered shelter in the park being dedicated to the city wasn’t shown and exhibits that are needed for the development agreement. Developer is interested in doing this project in phasing.
Arnold Woolstenhulme, of A-W Engineering, stated that he is aware of the flood plain issues and showed Council that the floodplain is shown as an easement on his plat drawing. He questioned the FEMA map and that this property is on the end of the floodplain. How does this end in the middle of nowhere? If Council determines the FEMA study must be completed, it will be done.
He also covered the subject of the roadway on 100 West and rebuilding of 700 South when new lift station is put in. Randy Woolstenhulme has agreed to the lift station being put on his property. Discussions have been held with Travis Thompson and he is in favor of the location for the lift station.
Legrand Woolstenhulme then addressed Council regarding the construction of Phases 1 and 2 of the project and how these lots are not backed up against the flood plain and how the FEMA plan would be completed before the bonding for construction of Phase 3. He also stated that they have volunteered to pave 100 West past their development to and are asking that the work on Highway 33 be postponed until the third phase of their project’s development. The fragility of the nation’s economy and the sale of lots were mentioned as factors.
Discussion was held about the park location and how it might join in with another park if another development came in on the south end of the parcel. The developers will move the park wherever the city designates and this will be an issue that will be addressed for the Phase 3 developer’s agreement.
More discussion was held on the flood plain issue and how it is almost impossible for flood waters to get to this development. . Pathway issues in Phase One were also discussed to Council’s satisfaction. The Woolstenhulmes are committed to taking care of the floodplain issues, have actually begun working with the process and hope to have closure on the FEMA study within a month and will do whatever the city requests.
Councilman Kearsley did inform all that lot owners must understand that flood insurance will need to be purchased with their lots if the lot is located in the floodplain. Discussion was held on whether this project can be approved without having the FEMA study available. The city would be approving the master plan, not plat with the phasing. The developer would prefer having Phase One approved.
The hearing was then opened for public comment. Lucy Flood of VARD requested more discussion about the construction of the park in the floodplain and if what is going in would have to be FEMA approved.
Arnold Woolstenhulme envisions keeping the park as natural and pristine as possible and keep it simple and basic. The path and picnic table will have little impact on floodplain.
The public comment portion of the hearing was closed.
Timberline is another development with floodplain issues and they had no problems with getting their park approved.
The park in Phase One was discussed and it is big enough for the number of lots shown. The number of accesses for Phase One were discussed and it will be addressed in the development agreement for Phase One.
Council discussed various items concerning the project and asked questions of staff for clarification purposes. All seemed comfortable with the answers and language for the motion was clear.
A motion was made and seconded to approve the final plat for Wrangler’s Ridge Subdivision, conditional on verification of FEMA’s requirements for floodplain issues, approve the construction of Phase One (work out details in development agreement), developer needs to have the lift station information changed and the easement obtained, developers agree to pave 100 West in Phase One, participate in an upgrade to Highway 33 and 700 South (to be reviewed in Phase Two during development agreement discussion), have the option to move the park (or improvements) as they come to Phase 3 (based on FEMA decision), will provide plans for 100 West road improvements and bike path connections (to be detailed in DA). The ayes were unanimous.
Public Hearing – Architectural Stamp Requirement
(Over 2,500 Square Feet) Ordinance
Council President Kearsley went through the proper procedures to commence the beginning of this public hearing. No conflict of interest was declared. City Planner Bill Knight gave the staff report and explained the need for quality buildings being constructed and how the square footage was determined. He mentioned that developers are asking that this requirement be made for all to follow.
The hearing was then opened for public comment. No comment was given and the public comment portion of the hearing was closed.
Brief deliberation followed and a motion was made and seconded to pass the architectural stamp requirement as Ordinance 08-10-08. The ayes were unanimous.
Tree Ordinance Review
P&Z Administrator Cari Golden discussed the revisions made to the Tree Ordinance. Brief discussion was held as to whether or not the changes are for ordinance or resolution purposes. Our attorney needs to be consulted. Since not everyone had the materials in front of them, this issue will be on the agenda for the October 22nd quarterly work meeting.
Maintenance
City Engineer Rob Heuseveldt gave an update on the progress with the sewer treatment plant. Willie Teuscher’s facilities study should be ready by next week. Stephanie Crockett has been hired to do the archeological study and the report should be ready in three weeks. Driggs has provided all necessary information and DEQ will potentially sign-off on their pilot project. Design work for our plant is moving along and as soon as the facilities study is approved, cost estimations can start being gathered.
There are a few projects that still have not completed punchlist items that were requested. Mr. Heuseveldt has been directed to draft a letter to be sent requesting completion of their punchlists. Projects include: Cowboy Road House, 1st Bank of Tetons, KJ Mobile Home.
There are still some projects who have not submitted as-built drawings to Public Works. These also need to be contacted to get the information we are missing. Projects include: Timberline, KJ Mobile Home Park, and Mt Shadows.
Planning and Zoning
There was brief discussion held about the intersection of Highway 33 and Highway 31 and the vision problem that occurs when one is either walking or trying to drive through it. City Planner Bill Knight relayed a situation he had where he almost got hit by a car. Further discussion needs to be held to find a way to rectify this potentially life-threatening situation.
Cari Golden informed the Council of the problems with the new permitting software and what extra costs could be associated with it. She is also checking with other vendors to see what they have to offer.
Administrative
City Administrator Craig Sherman discussed his attending the meeting with the county on animal control. Council decided to cancel attending the October 14th meeting with the County Commissioners. A reminder of the October 22nd quarterly work meeting.
Councilman Scott Fitzgerald updated Council on the Heart and Soul local advisory committee selection process, finding a project coordinator, finalization of budgets and mentioned the next visit of the Orton foundation to be in mid-November.
Bills
Motion was made and seconded to pay the bills. The ayes were unanimous with a show of hands. Meeting was adjourned.
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