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Government Type

Municipality

Entity

Laketown

Public Body

Town Council

Notice Information

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Notice Title

Laketown Town Council Work Meeting Minutes 2023-10-20-Approved

Notice Tags

Public Meetings

Notice Type(s)

Meeting

Event Start Date & Time

October 20, 2023 01:00 PM

Event End Date & Time

October 20, 2023 04:00 PM

Description/Agenda

Laketown Town Council Work Meeting Minutes October 20, 2023 Laketown City Office 10 North 200 East Laketown, Utah Mayor Burdette Weston welcomed those present and called the meeting to order at 1:00pm. on October 20, 2023. Those present are as follows: Mayor Burdette Weston, Council members Eldon Robinson, Kris Hodges arrived at 1:07pm, Delora Wight and Clerk Alice Jackson. Justin Baer via Zoom. OPENING CEREMONY: Delora conducted the opening ceremony and Brandon led the pledge of allegiance. ITEMS OF BUSINESS: - Election MOU: Justin previously reviewed this document- his suggestions were incorporated. The document will be signed by the clerk and Anneliesa. It will be ratified at our November meeting. - Individuals that have prepaid for water hook-ups before the cost increased: The mayor and Brandon reviewed the issue for Justin. One question the council has is should these individuals have to provide a water share to the town? Justin noted that this is different from their impact fee. Should these individuals want to build and apply for their building permit, we can still charge them the impact fee. If we have already given them a water hook-up, then we probably cannot go back and ask them for a water share. Brandon noted that after these individuals paid for a hook up fee, at a later date, the town initiated an impact fee, however Brandon's question was about water shares and asked if we have provided them with a water hook-up can we now go back and ask them for a water share? Justin said not now. They are vested. Eldon suggested that we are probably discussing four different scenarios: 1. Those that have paid for a hook up. No meter 2. Those that have paid for water when they did subdivision-like Last Chance and Cardon Willis 3. Those with meters in with building permits issued. 4. Those with meters in and no building permit issued. Justin asked what our code states about timelines. Our code does not address timelines. Justin suggests we edit our current code and add timelines for hook-ups, meters and building permits. Per Justin, the question becomes what have they applied for and what did they pay for? It's a matter of vesting. Once they apply for a water hook-up and pay the fee, they are vested. Brandon summarized: The individuals that have prepaid don't have to turn over a water share however, once they apply for a building permit, they will need to pay the water impact fee. The mayor asked if these individuals sell the property, is the new owner vested. Justin advised no but went onto say that municipalities are given the right to protect their community. We are dealing with a situation where Laketown installed a water system at a significant cost. We could issue an ordinance what states anyone that has prepaid for a water hook up has a certain amount of time to build on the said property. Justin suggested 6 months, however the council felt this was too short of a timeframe. Brandon suggests that we have a 5-year plan. He suggested that we send a letter to those in this situation that informs them they will not have to turn over a water share, however, if they build, are they subject to the impact fee. With a new ordinance in place the time limit would be clear. Brandon suggests 5 years. Per Justin, the ordinance should include language why it's not good for the community to let these connections linger. Justin to check on this first. *Action Item Justin. He also suggests that these rights are personal, they do not go with the property (non-transferable. Mayor asked about a family that was going to build and they paid all their fees and got a permit but instead of building they bought a different lot. This is a reliance issue per Justin. He also suggests that we can approach the new owner with our prescribed timeline. Justin noted that grandfathering does not mean it always remains the same way for ever. Delora asked for clarification-The individuals that paid for their water hook-ups do not have to turn over a water share. This was confirmed as correct. The list that the clerk provided to the council that had highlights is a document that was generated by the previous clerk and Alice does not know what the highlights mean. Brandon asked if 'transferring' is a policy that we can decide? Justin said it depends on the specific rights and if it's subdivided. If this person holds onto a building permit and then the new owner has the building permit, they could build on the property. Justin suggests that we craft a new ordinance to limit the time frame once they have an application until the work is done (5 years for example). This application could transfer to a new owner only upon the approval by the city-Or they would have to apply and pay a fee. We have several options as our code is currently written. As our code is currently written they can most likely be transferred. *Action Item-Water connection and building permit ordinance needs timelines added to current ordinance. It needs to be clear how the permit is issued, same with water connections. Also need to add if it can be transferred or not. If a water connection has been completed, they are already grandfathered in. - HW Document: Hal has built a loading shoot that is in a Laketown public right away. How do we handle this? Per Justin, he stated that you cannot get a prescriptive easement against a municipality. We will not lose our right of way. If we want a blanket policy, we can do that. Another option is that we can ignore it, it's not a waiver. We could send him a letter that informs Hal that he has built his shoot into a town right away and if it interferes with the city then we will need to enforce it (ask Hal to move it), but right now we will not be enforcing it. Per Justin, we do not have to do the same for every person that may be in this situation. It depends if it interferes with city operations. It may interfere with snow removal for example. Their property may get damaged by snow removal. Justin suggests that these individuals receive a letter from the city. - Roads: We have other roads in the city (on 3rd West and 2nd East) that the county shows they are our roads but there is not a recording of this ownership. The town has been grading, removing the snow. How should we proceed? Justin described multiple answers. The best answer is the most expensive. Laketown roads should be surveyed so we know the boundaries. Each property owner should sign the survey. Plats are not effective for ownership. This is only evidence. Right now, we only own where the asphalt is. The second option is to go to neighboring owners and have them generate a property description. This is the same document that Justin put together for a recent, similar situation. The third option is to do nothing. Justin was reviewing the Laketown map and noted that if it's been 10 years and we've been maintaining the road for years- it's the town road. Justin shared his computer screen so a clear discussion could take place regarding a lot at approximately 410 North and 200 East where a developer is currently planning to develop. As part of the subdividers plan, he would have to dedicate part of this property to the city. If it's been used for 10 years or more, then it's city property. If the city owns it, we can do what we want. Eldon asked about state funding for roads. The piece of property we were discussing was identified. As part of the development, per Justin, the developer would have to dedicate the road to the city. The Irrigation line goes through this property. In the future, Justin suggests we do a survey. - Roadside Caf : We have an old building on highway 30. It's falling apart, windows are broken out. How do we get the landowner to tear this down? Justin reminded the council that it's the duty of a municipality to provide health, safety and welfare to our residents. Eldon asked about condemning this property. Per Justin, is does not apply to this situation. Condemnation refers to condemning property for use by the city. Justin suggested that we review our fire code, or the police could get involved. We could issue a misdemeanor and issue fines. Kris noted that they have offered to buy this property, however, the owner does not want to sale the property. Before this was a caf , it was a gas station. Dennis confirmed that the tanks have been removed underground. Currently, Laketown does not have an ordinance that would require this caf to be torn down. Justin will look at the state statue. We would have to pay fair market value. Kris says we cannot do anything with this property. It's not big enough and some contamination may be present on this property. Eldon asked if Justin would write a letter to this person. Justin does not know if we can impose fines or penalties. We must have an ordinance in place. ACTION: The mayor called for a motion to enter an executive session for possible litigation. Eldon made the motion, Brandon seconded. The motion passed unanimously. Town Council Meeting Resumed at 2:30pm Roll Call: Those present are as follows: Mayor Burdette Weston, Council members Eldon Robinson, Kris Hodges, Delora Wight and Clerk Alice Jackson. - Cross Connection Policy and Ordinance: Alice would like to give this to Delora, Dan and Jeff and then the council will review. - October 9th Meter Reads: new meters were replaced at Dalton Early and Frampton. The meter can't be read at Beuhinin's home due to condensation. Mayor says it should be replaced. Wes and Kelly still have a problem with a potential leak. - Dalton Earley: Traces of lead and no chlorine were found in Dalton Early's water. They had it independently tested and it showed traces of lead, bacteria and no chlorine. Alice suggested Jeff visit the Early's to help them find what type of piping they have. Early's would like to attend the next town council meeting to address this issue if it's not resolved by them. Delora would rather not send Jeff to look at their pipes. This is the job of Sunrise Engineering. - Eldon shared a working document of who has shares in the irrigation company. There has never been enough water in this system to take care of the Laketown residence. Therefore, many drill wells. If we require one share of water to build a home that's 544 gallons of water. Discussion continued. Eldon suggested the best place for a well is by the chlorinator. We can do this right away. We need to determine where this well will be drilled. Scott Archibald suggests by the cemetery. What would we charge those that don't have water shares. Eldon suggests $4,000. Brandon thinks it should be $6,000 as a place holder in our ordinance. Brandon supports sending out a letter informing specific individuals that they have 5 years. Brandon suggests we ask Justin to draft an ordinance for us to review at our next meeting. Delora asked why the 5-year timeline. Mayor suggested that you purchased ahead of time and then it costs the town more to connect their water. Doing the 5 years' timeline encourages them to build. * Action Item Brandon-Brandon will ask Justin to write the draft ordinance with certain parameters which include transferability for that specific property. TRT committee approved the bleacher monies from TRT application for 2024. UDOT-Mayor met with them yesterday. Mayor stated that he has not heard anything since June. They will keep the speed limit to 45 mile per hour. It will be enforced. They have plans to bring the bike path from Garden City into Laketown. Dennis showed the sheriff the film. They agreed to patrol the area. ADJOURN: Mayor called for a motion to adjourn. Brandon made the motion. Seconded by Kris, the motion passed unanimously. Meeting adjourned at 4:00pm. /s/ Alice Jackson

Notice of Special Accommodations (ADA)

NOTICE OF SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify the town clerk three days before the meeting, so arrangements can be made.

Notice of Electronic or Telephone Participation

NA

Meeting Information

Meeting Location

10 North 200 East
P.O. Box 118
Laketown, UT 84038
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Contact Name

Lisa Johnson

Contact Email

clerk@laketownutah.com

Notice Posting Details

Notice Posted On

November 02, 2023 09:23 AM

Notice Last Edited On

November 02, 2023 09:23 AM

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