CC Minutes 3/6/13

Payson City Council Minutes March 6, 2013



March 6, 2013 City Council Minutes

Minutes of the Payson City Council Meeting held at the Payson City Center, 439 West Utah Avenue, Payson, Utah on Wednesday, March 6, 2013 at 6:00 p.m.

ROLL CALL: Mayor Rick Moore; Councilmembers: Mike Hardy, Scott Phillips, and Larry Skinner; City Manager Dave Tuckett, City Recorder Jeanette Wineteer. Councilmembers: Ford and Hancock excused.

Prayer offered by Scott Stika and Pledge of Allegiance led by Jex Ashton, scouts in attendance.

MOTION by Councilmember Hardy to approve the Consent Agenda consisting of approval of the February 20, 2013 City Council Minutes. Motion seconded by Councilmember Skinner. Motion carries.

Randy Memmott said he didn’t think the Police Officers should be able to drive city police cars back and forth to work. He has seen Payson police cars as far as in Layton and Salt Lake with their wife, or shopping in Spanish Fork with their daughters. He feels that the City would be liable for family if they were in the cars with the officers.

Mayor Moore said Manager Tuckett will look into these comments to see if there are problems. Councilmember Phillips explained that they are allowed to drive the cars because if they were out of town and got called in for an emergency they could go. The city insurance wouldn’t cover them if they were in their personal cars.

Manager Tuckett said Superintendent Hyland wanted to report that he is working with Jr. Kester to get the 100 trees donated to the City and they will be planted Wednesday and Thursday. He said they have begun tree trimming on city properties in preparation for spring. The Tree Committee has met and they are planning an Arbor Day event.

Manager Tuckett said the Tour of Utah committee members have met. This is a very exciting event and we will be getting banners in place for advertising. It will be a lot of work, but is also exciting with national exposure. Volunteers are still needed, and we are the only host city in Utah County so we need to try to get a lot of people involved.

Mayor Moore expressed appreciation to City staff for helping read to Spring Lake and Barnett Elementary Schools. He said they are planning a pin-wheel garden for Child Abuse Awareness in April.

Councilmember Skinner presented attendance certificates to scouts in attendance: Scott Stika, Jordan Barney, Rylan Huff, Jed Loveless, Calvin Schulze, Brendan Bates, and Jex Ashton.

Zack Voorhees, Chamber of Commerce member presented the March 2013 Business of the Month to Rory Adams, Farmers Insurance.

Mr. Adams said he appreciated the award and recognition, and likes the opportunity to be in Payson and is excited about Payson’s future.

Amy Pitcher, President of the Library Board said they would like the council to approve Danielle Moore to serve on the Library Board.

Mayor Moore explained that Danielle grew up in Orem. She is the oldest of 7 children. She has lived in Payson for the past 12 years. She has four children, two of which were recently adopted from Ukraine. Danielle graduated from UVSC and currently works as a substitute teacher for Nebo School district. She also teaches piano, enjoys playing basketball, volleyball and reading and decorating.



March 6, 2013 City Council Minutes

MOTION by Councilmember Hardy to appoint Danielle Moore to the Payson Library Board as recommended. Motion seconded by Councilmember Phillips. Motion carries.

Manager Tuckett said the sponsors of the petition for the proposed West Mountain City met with he and Mayor Moore, and they have asked to have a work session with the City Council.

Manager Tuckett presented the map of the proposed petition and Michael Smith, representing this group was introduced.

Mr. Smith said he has lived in West Mountain for 12-13 years and that Bart Turner and Julie Blaney are also intendance, along with Rob Moore, Deputy County Attorney. He said Dee Henderson, Tom Little, and Monte Phelps are also involved in the idea of this incorporation.

He explained that they started the process about three years ago after the County approved a mink farm in West Mountain and that triggered them thinking about incorporation.

Initially the Payson City landfill was included in their incorporation map, but then the County told them it couldn’t be included. Subsequently the County changed their mind, so they included it in the map. Once their map was prepared, he believes it raised questions by the City Council.

He said that then Payson City filed an annexation petition to include the landfill 6 days before they submitted their map. This annexation petition split their intent in half.

He suggested they want to be good neighbors, and never intended to do anything to interfere with the City’s involvement in the landfill.

They still want to continue with their feasibility study to see if the people out there feel incorporation makes any sense. They would like the feasibility study to include both areas north and south of the landfill and want to meet with the Council to see if we could reach an agreement to do so. Otherwise they would have to move forward with a modified boundary.

Councilmember Skinner asked if their preference was for incorporation rather than annexation.
Mr. Smith said he is one person of six, so he cannot say for all, but he does feel that it is their intent to incorporate.

Councilmember Skinner wondered if they understood all of the ramifications of a city to provide services (water, sewer, public safety, roads, etc.) and have the means to support that.

Mr. Smith said he is sure they haven’t thought of everything; however they have talked with people from other cities similarly situated with similar size and location. He said it could very well be that we would want to contract, possibly with Payson City, for some of these services that were mentioned. He believes the feasibility study will help them answer some of the questions.

Councilmember Skinner wondered if they couldn’t control some of the things they desire with annexation into Payson City, with representation from that area rather than at large councilmembers.

Mr. Smith said the mink farm was approved by another entity. West Mountain is a perfect place for a race track, the landfill, and a mink farm unless you live out there. He said the six of them that initiated this feel they would rather incorporate.

Councilmember Phillips said we have had signatures for this annexation for longer than the 6 days that stands out in their minds, and the annexation has been worked on long before the mink farm was even approved by the County.

Councilmember Skinner said that whatever happens, we want to be good neighbors as well. We do have a concern about the landfill, especially being in another city.


March 6, 2013 City Council Minutes

Mr. Smith mentioned a possible interlocal agreement or something to work together to let them go across the landfill to incorporate the area on the north and the south.

Mayor Moore explained that you cannot bind a future Council by an interlocal agreement, those can change. Councilmember Hardy has concerns also about not having control over that asset of our city.

Councilmember Hardy said there are 9 sq. miles in Payson City and this proposed incorporation will be about the same size, and he wondered why. He also has concerns that the map goes right next to our industrial development park, and a proposed transit oriented zone.

Mr. Smith said that originally they thought they needed to but against an existing city, but since that time they have found there should be a buffer. He felt they would be pretty flexible.

Councilmember Skinner wondered about their anticipated density and said you have to provide a mix of all levels of housing, including moderate housing, affordable housing, etc. Mr. Smith said in answer to the question of the size of their incorporation map, if there is more land than less they will have flexibility to include all levels of housing.

Dee Henderson felt that for the same reason Payson originally incorporated, he feels it is their desire for self- determination.

Councilmember Skinner felt that annexation with representation could accommodate the same things they are talking about.

Mr. Smith said he trusts his neighbors because he lives there.

Ms. Blaney said that she lives in Payson and has also owned a ranch in West Mountain for 25 years; however they have never had any invitation from Payson to become part of Payson. Our proposed city has potential to become a great city of its own. We as landowners prefer to control our land out there.

Councilmember Skinner respects that comment but said we don’t seek out annexation. He just wanted them to make sure they were considering all the ramifications that come with being incorporated.

Mr. Henderson said that if they were in the City and there was representation on the Council, the one person would be a minority vote on a council of 5. So they would still have concern whether or not they would get what they seek.

Councilmember Skinner said what you seek now probably facilitates you in your life time, but you have to realistically think that at some time someone might want to subdivide and you would have to suppose that the feel that you want and are fighting for now would/could go away, again because you as a city have to provide a mix of homes.

Mr. Smith felt this conversation was raising great questions. But again we need to decide if we want one out of five on the Payson City Council as representation or be whatever it is as incorporated. Maybe after the feasibility study, it won’t make any sense at all. This is all preliminary, and they would like to get a boundary approved so they can go ahead with a feasibility study.

Councilmember Phillips said that if that area would have been within the boundaries of Payson City, he doubts that mink farm would have been approved. Councilmember Skinner said that type of facility is not even in our zoning ordinance.

Councilmember Skinner explained that we don’t go out and try to annex areas; we only consider annexations as they are petitioned to Payson City. Councilmember Phillips agreed that the Spring Lake situation arose because Santaquin wanted to annex them and most of them wanted to stay as they were and not in a city, and some said that if they have to be part of a city they want to be part of Payson and then others wanted to be part of Santaquin.


March 6, 2013 City Council Minutes

Mr. Henderson noted that the residents of West Mountain might even tell them that also. The six of them just want to try to do a feasibility study to see if it is possible.

Council all agreed that the landfill is an issue for Payson City. Councilmember Hardy said he also has the other issues because it abuts right against Payson City boundaries.

County Attorney Moore explained that the County doesn’t want islands of unincorporated areas in the middle of cities and that comment came from the surveyor’s office not the attorney’s.

Councilmember Hardy asked Mr. Moore if the City would have to withdraw the annexation petition in order for them to do their feasibility. He said the County has not denied the incorporation because they are not sure if the annexation will go through or not. However, in order for them to get a study these boundaries have to be worked out.

Mr. Smith said the County won’t approve the map the way it stands now, we have to change the map and we want to talk to Payson City to see if we can get the landfill in our incorporation.

Councilmember Phillips said he has been on the Council for 8 years and our whole goal has been in get the landfill within our city limits. We need to look out for the best interest of Payson. If anyone wants to control their neighbor, you have to buy their property.

Councilmember Skinner said that at this point, he feels they would need to plan for north of the annexation. Councilmember Hardy and Phillips agreed and said that it has been our long range goal to have that area part of Payson City.

Mr. Henderson said they have talked with many of the people with signatures on the annexation petition and they have said they wouldn’t resign it.

Someone asked what the proposed annexation would be zoned, and Mayor Moore explained that the annexation area is proposed as an A-5 Agricultural zone with 5 acres.

Mrs. Blaney asked if the meeting was held last week with the annexation property owners and if that zone would always stay the same.

Mayor Moore said that it was and they all still felt the same. Councilmember Skinner explained that the zone anywhere doesn’t change until it is requested by the landowners. Only then does the City work with them to see if it makes sense to change the zone.

Mrs. Blaney said she is a Payson resident, but owns property in West Mountain and still doesn’t understand the swath to get the dump in Payson City. It is already in another entity, the County, so she didn’t see why it would matter if it were in their newly incorporated area.

County Attorney Moore said you can make an agreement that lasts longer and include substantial penalties to get out of the agreement, but obviously both entities would have to agree to enter into that agreement originally.

MOTION by Hardy to table this item. Motion seconded by Councilmember Philips. Motion carries.

MOTION by Councilmember Phillips to adjourn to closed session. Motion seconded by Councilmember Hardy. Motion carries.

Council adjourned at 7:40 p.m.
Councilmember reconvened and adjourned at 7:55 p.m.


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