Mill Creek Pond Action Committee
Meeting Minutes
Saturday September 25, 2010
Present: Chris Meeker, Ken Mears, Kathy Boysen, Lela Fenn, Kimarie Overall, Shelly Norr, Alan Bennett, Jerry McPhee, Steve Norr, Pam Bennett, George Mierisch, Judy Mincher, Michele Johnson, Terrell McPhee, Lewis Galway
Homeowners Association:
1. Everyone is in favor of forming a homeowners association (HOA). Those who did voice concerns felt that this was the best way to preserve the property, and that we could run into serious issues later if we postpone forming the HOA.
2. Jerry McPhee will be the initial contact for the HOA. The office address will be 535 East 3195 South,
3. HOA trustees were elected. Jerry moved that Steve be elected to the three year position. George seconded. The vote was unanimous. Steve moved that George be elected to the two year position. Jerry seconded. The vote was unanimous. Steve moved that Jerry be elected to the one year position. George seconded. The vote was unanimous. The term of office will begin on the date of the HOA incorporation.
4. Jerry will change the bylaws to specify four officers; president, vice president, secretary, and treasurer. We may elect officers as early as next meeting.
Bylaws and Articles:
George, Steve and Jerry met with the Redevelopment Agency (RDA) attorney to discuss the HOA bylaws.
1. The RDA attorney suggested that we burden the properties with cross covenants which would run with the land and force ownership and payment of dues.
2. We want the RDA attorney to be our ally when we go before the council. The city council is the only group that can give the land away, but the RDA can tell the council to deed the land to us.
3. We want to see the RDA comments and suggestions before filing the articles of incorporation. Their attorney contacted Jerry to say that he has not been able to send his comments due to computer problems.
Issues and Concerns:
We want to act upon incorporating so we can get the HOA going, but need to wait for the RDA attorney’s suggestions. Jerry will make any necessary changes and send them to Steve to send on to everyone for more suggestions or approval. All members of MCPAC can be incorporators. Jerry will sign, front the filing fees, list all of the incorporators and will list all properties that want to be burdened. We agreed that we need to incorporate first, then obtain the property, and then deal with the issues and concerns.
1. It is the county’s obligation to dredge and clean the water, but they can’t leave their equipment and silt on private property.
2. Let’s talk to the Army Core of Engineers,
3. Perhaps we can get a grant to reinforce our banks.
4. We should look into insurance to cover any damage caused by falling trees. We would be responsible for any tree damage unless the tree was dead and in the water. In that case, the county would be responsible.
5. Some residents voiced concern over the HOA being too restrictive and that fees could go up 40-50% per year.
6. The following people want their properties surveyed: Jerry, Ken, Steve, Michele, and maybe Lewis.
Small Area Plan Vision:
Judy, Steve and Jerry attended a joint meeting with the city council on September 22nd to discuss the “Small Area Plan Vision” and more specifically, the Granite High plan. The wetlands “located in the backyards of one of the communities highest quality single family detached housing neighborhoods” were discussed.
1. Should allow restricted access for maintenance and organized educational study only.
2. Plants, animals and fish should reflect the historic nature of the area prior to the arrival of settlers in 1847.
3. Bank enforcement was recommended to avoid erosion.
4. An advisory committee consisting of a SSL City Council member, two adjoining property owners and the Director of Parks and Recreation should be established to recommend planning and maintenance of the wetlands.
We should use this information to help acquire the land, and cooperate until the property has been transferred.
Next Meeting Date:
The next meeting will be a fall clean-up meeting October 9th at 10:00 AM on the McPhee’s deck at 535 East 3195 South.
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