MAPLETON CITY CITY COUNCIL MINUTES JULY 5, 2017

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1 PRESIDING AND CONDUCTING: MAPLETON CITY CITY COUNCIL MINUTES JULY 5, 2017 Mayor Brian Wall Members in Attendance: Staff in Attendance: Minutes Taken by: Ryan Farnworth -Excused Scott Hansen Jim Lundberg Mike Nelson Jonathan Reid Cory Branch, City Administrator Sean Conroy, Community Development Director John Jackson, Public Safety Director/Police Chief Steven Lord, Public Works Director/City Engineer The items may not have been heard in the order below. Mayor Wall called the meeting to order at 7:00 p.m. Cl. Nelson gave the invocation and Cl. Reid led the Pledge of Allegiance. OPEN FORUM: No comments were made. APPROVAL OF MINUTES: Item 1. Approval of City Council Meeting Minutes June 7, 2017 Motion: Cl. Nelson moved approve the minutes of the June 7, 2017 City Council meeting. Vote: Passed 4:0 Item 2. Approval of City Council Meeting Minutes June 21, 2017 Motion: Cl. Lundberg moved approve the minutes of the June 21, 2017 City Council meeting. Vote: Passed 4:0 PUBLIC HEARING ITEM: Item 3. Consideration of a request to rezone approximately 20 acres from RA-2 and A-2 to Planned Residential Community (PRC-5) and approval of the Preliminary Plat for the Mapleton 340 Lakes subdivision consisting of 12 lots and a private water skiing lake at approximately 300 East Maple Street. Sean Conroy, Community Development Director, presented the staff report to those in attendance. The proposed project sits on 20 acres of land with one existing home. The applicant is wanting to create a PRC zone and there will be 12 lots ranging from.45 to 1 acre in size with a private water ski lake which is 9.4 acres with a 1 acre common area. The proposed plat was reviewed as well as the concept plan. The general plan concepts were reviewed as well as density. City Council Meeting July 5, 2017 Page 1 of 5

2 Chris Colgrove, applicant, lives on the subject property where the existing house is. He has lived in Mapleton for 10 years and in the existing home for 4 years. His father in law owned the property and then was going to sell it to a developer. He did not want 30 homes behind his house and so he decided to buy the property. He has known Dallas Hakes for a long time and thought he would have a good idea for the property. They have come up with a plan and have been working on this for the last 9 months. He believes this development would enhance Mapleton. The top concerns that neighbors have had are sound, seepage and mosquitos. The have been doing sound testing and believe that this will not be a concern. There will be a decibel level that the boats will have to adhere to and also there will only be one boat allowed on the lake at a time and there will be no boating prior to 7:00 am and after 10:00 pm. They have been in contact with the Utah County Health Department and they are prepared to spray for the insects if they become a problem. There are other water ways in Mapleton where there is standing water and mosquitos have not been an issue. Seepage will not be a concern because they have done several soil tests and the liner that they plan to use is one of the best and they have been guaranteed that seepage will not occur. Dallas Hakes, applicant, stated that the reality of what this could be developed into is that you would get a country feel from it. There is a lot of open space with this layout. He stated by developing this proposal it won t affect the welfare and safety of Mapleton. He believes this would increase property values in the area. Cl. Reid inquired of Dallas that if this was not approved, would he keep the property or sell it to another developer? Dallas stated that he would need to sell it to someone else. Cl. Lundberg stated that there have been several representations that an HOA and CCR s would be created detailing the ownership of the lake. Would there be additional insurance carried as part of this. Dallas stated that there would be multiple ways this could be done. The lake would be deeded to the property which would be owned by an LLC and any claims would be against the LLC. We are contemplating that the PRC zone becoming ordinances of the city which would include the decibel level, age of the vehicle, etc. Cl. Hansen inquired what the depth of the lake would be and if it would be full in the winter. Dallas stated that yes it would be left full and the depth is 8 feet. Mayor Wall stated that by creating this project as a PRC zone, it would be the first of its kind. By creating this use, he is concerned about what else might want to come in the city. He believes it would be opening a pandora s box. Dallas stated that he can not speculate what is yet to come. He stated that there may be other ways to maintain open space. The current zoning could allow for 30 homes. Instead of a clustering, he thinks it would be better to have some open space. Dallas stated that this is not a new idea, but it is new to Mapleton. This is something that already exists. This type of development is something that you need to see it, touch it and feel it. This is unique and it creates values. He would urge the citizens and the council to visit the Syracuse site. The public hearing was opened at 8:37 pm Rod Morley, stated that he owns property at 477 South Main St. He just learned of this development 5 weeks ago and the land he owns is vacant. They searched for about 10 years to find this property. He hasn t recorded the plat. The land that he would like to build on would be 50 feet from the lake. The primary issue is that the lake will be in his backyard. He wouldn t get to participate in using the lake because it will be private. The other lakes that Dallas has referenced are further away from development, not in the center of town like this one will be. Rod visited Last Chance in the Vernon area. One of the major issue was the insects. He also thinks that noise will be a major issue. Teenagers like music and he believes the music will be as loud as the boats. He is also concerned as to who is going to police the noise incidents. He thinks this is a great idea, but he doesn t want to live next to it. Danny Raymer stated that his property is adjacent of the lake. There is constant everyday noise and new noise that is usually always recognized. He thinks the sound of boats will be new noise and will heard City Council Meeting July 5, 2017 Page 2 of 5

3 more than what is anticipated. He is concerned what will happen if the lake needs to be emptied, where will the water go. He thinks this goes against the culture of Mapleton Cheryl Unice stated that she lives 300 feet from the development. She just learned of this proposal one week before the planning commission. She would be opposed to this. Jordan McCommick stated that he works all over the world regarding these types of developments. All the concerns voiced tonight are valid and they are the same concerns every time. He believes mosquitos are just as bad off the lake as on them. Noise is always brought up but is dealt with. Of the other development s, he has seen like these they become the gem of the city. Communities start reaching out to his company to bring one to their community. Sam Keele, stated that his family has lived here for 5 years. He heard rumor of the 30 houses going in across the street from him and that did not thrill them. Then it came out that the lake was going to go in. When they heard this, they were thrilled. It will end up being a popular landmark and possibilities are endless. He is in favor of this proposal. Pete Robinson stated that when you are talking about noise being a problem, there are many other things near his home that are very noisy, ie. Dirt bikes, 4-wheelers, etc. He thinks since these gentlemen live in Mapleton they will be vested in the project and go the extra mile to make it great. It is a visionary concept, but certainly unique. Isacc Jacobson, stated that he used to be a neighbor to Dallas and knows he will do a great job. The reason he stayed in Mapleton is that he is afraid of density. He would like a lake instead of homes. Marilyn Raymer stated that they have lived here for 23 years and is completely against this lake. She is concerned with the unknown of what could happen with extra water and what water will go downstream into the irrigation water. Wayne Mortensen stated that he owns 52 acres east of this development. He moved here to have horses and have open green space. Dallas has talked to him in developing and he was not interested. He was offended to hear that his property was part of Phase II, he has never considered this. When the properties were bought, they knew what they were zoned. Mitch Shepherd stated that he is a lifelong resident and lives across the street from the park. One job of city council is to listen to the people that live here. It is unreasonable to have a boating facility boarder the park. He believes there are many alternatives that could go on this property. Mike Rose stated that he moved to Mapleton from Saratoga Springs, which is right on Utah Lake. About mosquitos or bugs, they didn t really ever notice them. His mom bought a lot in north Mapleton. There was a sheep pasture across from her and now there are homes. Sue Dyle reported that she lives across the street from the proposed development. They have never been contacted by the developer. She sent a letter from the Utah County Health Department about mosquitos. She was the first medical professional in Utah County to diagnose west nile virus. This virus still lerks around. Senior patients are affected the worse. Mapleton City should create a higher bar for its citizens and require their emergency medical services to obtain water rescues training. Mitch Mann stated that he is a resident of Orem. As a background, he sits on the board of water sports industry. These communities that develop around these neighbors are usually welcome when invited. It does provide a sense of community gathering. Joseph Earnest stated he has been researching this project and upon visiting the Syracuse lakes it gave him a strong feeling that this would enhance Mapleton. Mapleton is different. As you go through it is sparsely populated and this would be better than 28 homes. He hasn t heard a legitimate issue that could not be dealt with. In the seed of government, it is to protect private property rights. Kelly Mortensen stated that she thinks that there is right to protect the right of property owners. She is a property owner on the other side. It will be noisy from sun up to sun down and she thinks the mosquitos will be a problem. Stan Brophy stated that he lives on the south end of the proposed property. Thank you to the Mayor and Councilmembers for what they do. He chose to live here and his concerns are the final grade of the lake City Council Meeting July 5, 2017 Page 3 of 5

4 and it could break in an earthquake, fencing and irrigation water rights. They don t want water to come in from the lake. Chad Carlson stated that he has no financial burden in the property. They have lived here for 10 years. He feels that the developers did a great job. He lives by the retention pond and goes to the Springville reservoir and doesn t see bugs. He is for the lake and thinks the council should think long and hard as to what they want in the center of town. Something unique would be great. Ben Peay stated that he just got a text from his friend about the midge flies and if you plant fish this could help the problem. He moved to Mapleton because of the enfaces of the all the outdoor activities. He likes the lake and wants to do the fun stuff associated with it. He also has called the Mayor at Gilbert AZ who said they do not have one complaint about these lakes ever. Bill James stated that he has been here 50 years. There are a lot of subdivisions that he wishes weren t here. He likes the open space, but he doesn t want to see high density housing. He won t take a side for or against, but thinks this is a good idea to maintain open space. Jack Dunquist stated that he grew up in Minnesota and his parents had a lake house. This seems like an awesome space for this project. Chad Holmes stated that you will probably never hear the boats. He thinks this proposal is a good idea. If this is going to set a precedence for other projects, then he thinks that s great, let s get more of them. Bart Palmer stated that he is in favor of the lake and a great idea for open space. It is a neat proposal for the center of town. Troy Mann stated that he works for a boat dealership and wants to live in Mapleton. The type of boat that will run on this lake will not drip oil. Public hearing closed at 9:58 pm Chris Colgrove addressed the issues brought up from the public comments with regards to insects and how they will be mitigated. His property gets a lot of water and it stays there for days. If there is a problem, it can be addressed. The Springville reservoir was built for an irrigation reservoir and secondary use is recreation. Noise does exist and it will be regulated by a certain decibel limit. They cannot fully mitigate people s fears. when you bought your land you never thought there would be a lake near you. It s not the lake it s change. Forget the lake and tell them your concerns. If a house gets flooded, we have a solution for that. We can mitigate it if something happens. Dallas Hakes stated just drive the hour and 10 minutes go see it. Cl. Lundberg stated that there are ways in which noise can be minimized. There is a potential of it getting out of hand. Conditions or limitations will be in the PRC zone. One motor craft on the lake at a time and the city will enforce these PRC zoning ordinances. It will first need to be enforced by the homeowners. Jim inquired if there is an additive to make the water look very nice. Dallas said yes, every two weeks he puts a dye in the water. Cl. Nelson has a concern regarding some of the lots in the Syracuse development where homes have not been built. He is not in favor of having a lake with no homes around it. He believes there needs to be another point of access. Dallas wants to do something for the landowners that is amenable. Cl. Hansen stated that the frustrating things is that we are having to come up with a lot of provisions. Would we really need to come up with these provisions if the development was on the out skirts of town. He would remind the council to follow guidelines for a rezone. Dallas stated that all of these are going to be in the CCRs which he believes that they can be enforced. Whether you put it here or somewhere else you would want the provisions there no matter where it is. Cl. Lundberg said that fundamentally he remembers when Eagle Rock was done there was no way you would be able to put in anything more than a 2-acre lot. This was done with clustering with open space. Whether this goes forward in this manner or something else, there will be an equal number of concerns stating that you are changing the nature of the city. City Council Meeting July 5, 2017 Page 4 of 5

5 Motion: Cl. Lundberg moved to approve the rezone of approximately 20 acres from RA-2 and A-2 to Planned Residential Community (PRC-5) and approval of the Preliminary Plat for the Mapleton 340 Lakes subdivision consisting of 12 lots and a private water skiing lake at approximately 300 East Maple Street with the following conditions: All DRC comments be met, including requirements that the design be incorporated into the PRC zone, that the development pump irrigation water out of the lake, that there be an additional requirement to prohibit 2 stroke water craft and maintain a 75 decibel, that additional liability insurance in the amount of $1,000,000 minimum be carried by the LLC, and include some level of fencing on the west side for safety. Cl. Hansen Nay Cl. Lundberg Aye Cl. Reid Aye Cl. Nelson Aye Vote: Passed 3:1 Ordinance No MAYOR, COUNCIL AND ADMINISTRATIVE REPORTS: John Jackson reported that there were two fires on the 4 th. The 5 ton truck that the fire department obtained is ready to go for the parade. It turned out really good. Urban deer will be up and running in August. If there is a particular area the council would like them in, please let him know. He has been contacted by Harvest Park HOA and they are having parking issues with the development with regards to the width of roads. They are asking him to sit on a committee, but the council thinks they should come up with a plan and present it to the city. Cory Branch reported that there are continued discussions with EBCO and they are working through the potential development. Motion: Second: Cl. Nelson moved to adjourn the meeting Cl. Reid seconded the motion. Passed unanimously at 12:05 am APPROVED: July 19, 2017 City Council Meeting July 5, 2017 Page 5 of 5