These minutes were approved at the August 19, 2008 Council meeting.
The Francis Town Council convened in regular session on Tuesday, July 15, 2008 in the Francis Town Recreation Building. Mayor John Bergen called the meeting to order at 7:00 PM.
Present: Mayor: John Bergen
Council: Tim Butikofer
John Keyes
Lorin Prescott
Lee Snelgrove
Town Clerk: Lynette Hallam
Attorney: Kraig Powell
Engineer: Scott Kettle
Planner: Alison Weyher
Others attending: Renee Atkinson, Chris Bowerbank, Kit Burton, Randy Butters, Rex Campbell, Myrlene Fowles, Nella Longacre, Blake McNeil, Jeanne McNeil, Joe Mullen, Lara Mullen and Paul Watson
Consent Agenda - Approval of Town Council minutes - 6/17/08 Council meeting
Lee Snelgrove made the motion to approve the minutes of June 17, 2008. John Keyes seconded the motion. The motion was approved with a unanimous vote. Voting in favor: Mayor Bergen, Tim Butikofer, John Keyes, Lorin Prescott and Lee Snelgrove.
Discussion Item - Tri-Utah Triathlon to be held August 23. 2008, John Anderson
Chris Bowerbank detailed this was the tenth year the Tri-Utah Triathlon has been held at Rock Cliffs and the seventh or eighth year they have met at Francis to be bussed to Rock Cliffs. Each year the organization donates to a local charity or a local school and has donated $15,000 over the years. Mr. Bowerback indicated they were open to suggestions of worthy recipients. Last year there were 1200 participants; this year there will be less.
Mayor Bergen pointed out there had been new trees planted and asked that an extra effort be made to keep them from being damaged. In answer to an inquiry, Mr. Bowerbank replied there will probably be 750 to 800 participants this year. If there is a youth group that needs a fundraiser, ages 14 and over, if they help out with parking and other functions, the organization will kick back funds to them. There will be about 100 volunteers needed. Lee Snelgrove asked if there was a flyer which goes to participants. Mr. Snelgrove opined sometimes there is an attitude about the racers moving in; and if a flyer could be taken to people in the area to explain what was taking place, it may alleviate some of the problems. An ad in the local paper was also suggested. Mr. Bowerback also suggested flyers advertising Francis Frontier Days could be put in the race bags given to the participants.
Annexation Petition - Annexation petition submitted by Paul Watson for approximately 19 acres located at approximately 1465 South Hallam Road presented for acceptance for further consideration or denial by Town Council
Alison Weyher reported the applicants propose to annex approximately nineteen acres located at 1465 South Hallam Road into Francis Town and develop a thirty-lot subdivision. This application was previously submitted for further consideration to the Town in January 2007 and December 2007. It was originally denied because of some concerns, including lack of support from property owners who will be brought in on the annexation, the well which serves three properties, access, the assessed valuation of those in support of the project and need for an annexation plat to be submitted. In December 2007, while many of the original concerns had been resolved, the reasons for denial were concerns about the wetlands, approval of property owners within the annexation area and uncertainty over the needed sewer expansion.
Since the December 2007 meeting, the wetlands delineation has been approved by the U.S. Army Corps of Engineers. Because the property owners currently control 89% of the land, they control sufficient property for the annexation.
Further, Ms. Weyher continued, while there is considerable uncertainty about the Town's sewer expansion plans and the Eastern Summit County Sewer Assessment District, Staff believes it is appropriate to accept this petition for further consideration at this time for several reasons. The area proposed for annexation is bordered on two sides by the Wild Willow subdivision and is a logical extension of the Town. The proposed main street, Birch Way, ties in with existing roads in Wild Willow which provides another point of ingress/egress for that subdivision. Accepting the petition for further consideration does not commit the Town to approving the annexation. After discussion with the Summit County Attorney's Office, Staff understands that accepting the petition for further consideration ensures that this property will be considered part of Francis Town and will not be part of the County's Sewer District.
Lee Snelgrove asked if, when the application is submitted, the answer can be yes or no with no reason being given. If the answer is yes, is the Town committed to annexing? Kraig Powell advised the annexation law has changed. The initial step is to accept for further consideration. After that acceptance the petition can be pending for as long as the Council desires. Additionally, at any time, the petition can be denied.
Mayor Bergen asked for clarification on the legislation which does not allow encumbering and will not let legislative bodies shelve items. Kraig Powell clarified that legislation applies to development applications and not for annexations. Annexations are their own animal.
John Keyes stated he did not know how the Council could annex anyone into Francis Town; the Town does not have sufficient sewer. Mr. Keyes asked why the Council would drag the applicants on and on. The Town is further behind than where we thought we were before. There are a lot of things that will slow the sewer expansion down including the problem of where to put the water after it is treated.
Alison Weyher stated she believed this was a good thing. Further consideration still means they will have to wait until the sewer issues are taken care of.
Mayor Bergen felt the only reason to take this petition for further consideration is because of the South Summit Sewer District. The County with the proposed sewer districts is encumbering land within the annexation declaration areas. Conversely, if the commissioners take into consideration the letters sent from the mayors, the County will be doing it just as a policing measure. Final annexation of this parcel will be dependent on the sewer plant being completed.
Kraig Powell said he understood that annexation is a very important function of towns, and the County's plan for a sewer district may bring that to the forefront. If a proposed annexation is not a good extension for a municipality, it should not be annexed. Mr. Powell felt this proposed annexation was a good planning extension. It seems that most of the concerns have been resolved. Concerning the sewer, there have been some setbacks, but there has been progress made and things are being worked out. As long as applicants are aware of that and it is written in all the documents that are signed, it should be all right to proceed. The Council should make their own decision on this matter.
Lee Snelgrove asked if the time frame is limitless after accepting the petition before it is given further consideration. Kraig Powell indicated it was.
John Keyes voiced concern about thirty more homes adding traffic to the narrow roads in the area that are a well-used route to Salt Lake City. There is farm equipment on the road as well as loose cows. Mr. Keyes opined the Council needs to work with the people who are already established in the area instead of just the ones moving in.
Kraig Powell reminded the Council that annexation is the one time when there is significant leverage with the applicant. There might be more progress if there is a pending annexation petition. The Town can require the petitioners for annexation to do all sorts of things, which things can be totally unrelated to the development plan or the proximity.
John Keyes reiterated he just wanted to get these problems out in the open to begin with; there are a lot of people who commute to Salt Lake.
Tim Butikofer expressed that his concern is the sewer. If the acceptance is just for further consideration, and the applicants realize the #1 problem is the sewer, Mr. Butikofer didn't see a problem accepting the petition for future consideration. Alison Weyher asked for a time line when future consideration could be given. Mr. Butikofer stated it would be a minimum of a year.
Lee Snelgrove questioned if we knew the type of connections already in the existing homes and if they were compatible to hook into our systems. Scott Kettle advised the current homes would have to remove their septic tanks and hook up to the sewer. Everything in the homes should be up to code because Summit County inspections where done while the homes were being built. Mr. Snelgrove expressed the opinion that the Town has annexed a lot of homes, and the Town is not getting the commercial development to help with the financial burden the homes will bring.
Tim Butikofer asked what would happen to the well which services the existing homes. Mayor Bergen declared the well would have to be abandoned. The septic tanks will have to be crushed and/or filled. If there are 31 homes, there will need to be 31 acre feet of water put in the Town well.
Lorin Prescott asked if the annexation petition is accepted for further consideration, could the petitioner pull out if he chooses. Kraig Powell advised the only way it can get disposed of is by Council action. Courts have ruled that sponsors cannot pull out.
Paul Watson, representing the property owner, stated his understanding that the main problems with the annexation were sewer and wetlands. Mr. Watson felt that the development had a lot of positive aspects including the fact it will open up another traffic corridor. Mr. Watson stated a study can be done that will determine if the traffic will be a problem. Mr. Watson didn't think there would be a problem holding to a city standard on the existing homes.
Mayor Bergen asked if it was found future traffic flow from the subdivision was a problem would the petitioner be willing to expand the roads. Scott Kettle indicated the Town would require the applicant to do a traffic study. In reply to an inquiry if the Town has any control an what engineering firm would do the traffic study, Paul Watson indicated they would use a firm to do the study that has worked with both his firm and Horrocks Engineering in the past. Alison Weyher suggested the applicant would need to work with the County and partner with them. Mr. Kettle added the road right now is a County road; the road will stay a County road until the Town annexes the other side of the road.
Lee Snelgrove asked the petitioner what his time frame was. Paul Watson declared they would do it tomorrow if the Town would let them. Mayor Bergen asked if they were willing to wait a year. Mr. Watson expressed he didn't know if they had a choice. Ms. Weyher pointed out the petitioner has the option to get under way under County zoning, but they are faced with waiting at least a year to get under way in Francis. In reply to a query if the applicant had enough financial backing to wait that lone, Rex Campbell stated that in developing nothing is certain; it is a "crap shoot." Mr. Campbell felt they would have to work with the Town. If it is required to wait ten years, that's a long time. Waiting a year is possible and the petitioner would like to help with the solution. Tim Butikofer reiterated it would be at least a year, probably longer. Paul Watson repeated the development will connect two roads in Wild Willow. Rex Campbell expressed assuming the Town will have progress in the future, this subdivision a logical progression.
Kraig Powell pointed out that the traffic study offered by Paul Watson is what is done under traditional development --- this is annexation. Annexation is not development. The municipality can ask for things that development would not require. As the Annexation Policy Plan is currently written, the Town has annexation fees based on ERU's; annexation fees are negotiable.
Tim Butikofer made the motion to accept the annexation petition for the 19 acres on Hallam Road for further consideration. Lorin Prescott seconded the motion. The motion passed. Voting in favor: Tim Butikofer, Lorin Prescott and Mayor Bergen. Voting against: John Keyes and Lee Snelgrove.
Ordinance 2008-06 - Ordinance amending Fee and Rate Ordinance to add a fee for fire sprinkler plan and construction inspections
Mayor Bergen reminded the Council this matter has been discussed before. Eric Averett has gone to other entities and researched the fees charged. The mayor and Mr. Averett went to a training session where a packet was received which has been passed along to staff with a request to be able to pass an ordinance and put the fees in the fee schedule. There will probably not be too many homes which will be affected by this ordinance. It will mostly affect commercial inspections. One of the things that drove the concern of the mayors in the South Summit District was the cost if the Towns went with the fire department for the inspections.
Alison Weyher reported that Francis Town has determined it is in the Town's best interest to review construction plans for all buildings containing fire sprinkler suppression systems and perform the necessary inspections using Town staff or by contracting with licensed inspectors to have these inspections performed. This matter was discussed at the May 2008 Town council meeting. The Fee and Rate Resolution Amendment finalizes those actions.
Ms. Weyher stated the Uniform Building Code, adopted by the State of Utah and Francis Town requires certain types of buildings to contain fire sprinkler systems. In addition, Eastern Summit County and the State of Utah encourage the use of fire sprinkler systems in residential properties in the Wild land Fire District areas. The Utah State code, Section R-156-56-902, requires inspections of such systems during plan review and construction. As stated in the May 2008 minutes, having the reviews and inspections conducted "in house" will provide better continuity.
This matter has been discussed previously at Town Council meetings according to Ms. Weyher. A public hearing is not required to amend the Fee and Rate Ordinance.
After a survey of Heber City, Midway and Park City, Ms. Weyher reported the following results:
Heber City charges $500 for small plans and $750 for large plans. This charge covers plan reviews and inspections.
Midway City charges $200 for all plans which includes plan reviews and inspections. Midway may be raising charges to bring them more in line with other cities in the study.
Park City contracts with PCI in Salt Lake City for all reviews. PCI charges $150 to review construction plans for residential projects. This fee does not include inspections, which are conducted by the Park City Fire Service District. Larger projects have higher fees, based on an hourly rate. The Fire District charges $50.00 per inspection (each building requires a minimum of two inspections, one rough and one final with follow-up inspections as needed.)
Another possibility for charging could be per sprinkler head, but this complicates the process.
Alison Weyher recommended that Francis Town set the basic rate at $300 for residential fire sprinkler plan reviews and inspections, with higher rates for larger or more complex projects based on the time required for the review. Because these reviews include both a plan review and a physical inspection which will most likely be conducted by two different individuals, staff believes the $300 rate is justified. If plans had to be sent to PCI it would cover the $150 fee and the other inspections.
Ms. Weyher indicated staff is proposing to add a section to the Francis Town Fee and Rate Ordinance concerning fire inspection charges.
Tim Butikofer expressed concern about one fee for residential and a higher for commercial; he felt the Town needed to have a set rate. Alison Weyher felt uncomfortable with a set rate because there all kinds of projects. A church is a fairly simple building; a flex space building with different businesses is more complicated. Each building would have different fire sprinkler requirements. It is very complicated. Mr. Butikofer felt there should be some kind of rate so an estimate can be given. Ms. Weyher if the Town gets to that point, Staff will work with other entities to see what they charge. Lorin Prescott opined that sometimes inspections get complicated; possibly a base rate could be set for each inspection. Scott Kettle suggested a $300 base rate which would include two inspections; other inspections would be on a per inspection basis. Kraig Powell advised that usually it would be based on hourly rates. Midway City has a provision making the fee subject to actual fees incurred. Lee Snelgrove declared he liked the verbiage that refers to the actual costs incurred.
Lee Snelgrove made the motion to pass the ordinance amending the fee and rate schedule with the changes suggested. John Keyes seconded the motion. The motion passed with a unanimous vote. Voting in favor: Mayor Bergen, Tim Butikofer, John Keyes, Lorin Prescott and Lee Snelgrove.
Request - Request from Blake McNeil to remove berms required of Z-Rock and plant alfalfa on the ground fronting Thompson Logging
Alison Weyher indicated she would need to see the applicant's proposal for the area. Ms. Weyher added she had received a landscape plan Z-Rock has proposed.
Blake McNeil detailed he would like to plant alfalfa in the field to the road that goes into Thompson Logging mulch operation. Mr. McNeil stated they used to hay that area but an overgrowth of willows had prohibited that recently. When the area was cleaned up it made the prospect of haying possible again. The berm is pretty much in the middle of the area Mr. McNeil wants to grow hay on.
Tim Butikofer stated he was not in favor of the fence that was put in by the pit; the berm is not hiding anything either. If Blake McNeil wants to farm and the berm is in the way, Mr. Butikofer felt the berm should be taken out and allow the farming. As the pit moves over, the berm can be restored. Steve Zabriskie has agreed move the berm. Alison Weyher reminded the Council there is a steep drop off into Thompson's operation. One of the issues brought up was providing water to the area. Mr. McNeil reported he has the ability to get water to that area by bringing it from where the water is going to the pond.
Lee Snelgrove pointed out that one reason for the berm was to diminish the noise. If the berm is eliminated, residents in close proximity will be affected. Mayor Bergen opined sight-obscuring fences and three-foot berms do not jive. Berms and landscaping do create some sight barrier and sound barrier.
Alison Weyher presented the landscape plan Steve Zabriskie has proposed. Ms. Weyher indicated her only concern with the proposal was the irrigation plan of using the water truck to water the vegetation. The berm is on the property line along the road. Blake McNeil contended it was not; John Keyes reported the berm is set out twenty feet. Tim Butikofer felt the base is more massive than it needs to be. John Keyes' opinion was that nothing is needed there because the Thompson operation is in a pit about 30 feet deep.
Tim Butikofer made the motion to remove the berm in the area proposed for cultivation. John Keyes seconded the motion. The motion passed. Voting aye: Mayor Bergen, Tim Butikofer, John Keyes and Lorin Prescott. Voting nay: Lee Snelgrove.
Mayor Bergen cautioned that in the process of moving the berm there is to be no tracking on road. It was indicated the berm will be put back in the hole by Thompson's operation.
Donation Request - Request for Summit County Jr. Livestock Auction, John Keyes
John Keyes approached the Council concerning a donation to the Summit County Jr. Livestock Show. Mr. Keyes indicated the last two years the Town had donated $800. This money goes to the booster club to help youth who are not getting as much money for their animals. Donations such as this request are used to increase the price.
Tim Butikofer made the motion to donate $400 to the Summit County Junior Livestock Show. Lee Snelgrove seconded the motion. The motion passed with a unanimous vote. Voting in favor: Mayor Bergen, Tim Butikofer, John Keyes, Lorin Prescott and Lee Snelgrove.
Adjourn to executive session to discuss land acquisition
Lee Snelgrove made a motion to adjourn to closed executive session. John Keyes seconded the motion. The motion passed unanimously.
The meeting was adjourned to executive session.
Reconvene in general session
Lee Snelgrove motioned to reconvene in general session. Tim Butikofer seconded the motion. The motion passed.
The meeting was reconvened in general session.
Action Item - Possible approval of land acquisition
Mayor Bergen explained the Council is dealing on a purchase of 4.81 acres of Evva Atkinson's property adjacent to the park to widen the road and build a town hall on it.
Lee Snelgrove motioned to accept the proposal on the table for the purchase of Evva Atkinson's 4.81 acres. Tim Butikofer seconded the motion. The motion passed. Voting in favor: Mayor Bergen, Tim Butikofer, Lorin Prescott and Lee Snelgrove. Abstaining: John Keyes.
Department Reports
Mayor Bergen reported the Council had a good entry in the Oakley parade. John Keyes was asked to make the arrangements for the Kamas parade. The mayor suggested using Sheldon Thompson's team and wagon for the Kamas parade. Lorin Prescott was asked to talk to Glade Prescott about pulling the Council in the Frontier Days parade.
Tim Butikofer reported the State discharge permit is still being pursued. Scott Kettle added they are working together with the State to get the necessary requirements taken care of.
John Keyes reported the crack sealing has been done. A couple of bad areas in Wild Willow have been repaired. Scott Kettle has called for a bid for chip sealing on Hallam Road and Hilltop Road. The companies won't give a bid because there is no product available. Unless things change, the chip seal may not be able to be done; and if it is done, it will be expensive. Mayor Bergen expressed that the fix at the corner of SR35 and SR32 was done very well.
Lee Snelgrove asked Scott Kettle about the water tank cleaning. Mr. Kettle reported there is one more tank to be cleaned, which will be done this week. Mr. Snelgrove indicated Luke Thomas has to do some digging and wondered if Lance Jensen can help do it. Lynette Hallam offered to check out to determine if he can do it because he is only 16 years old. John Keyes stated he can help if needed.
Kit Burton reported that several people had contacted him because the LDS Church has put a porta-potty on the trail through the Wild Willow subdivision; it is a hazardous situation. There are also pipes along trail. Mr. Burton threatened that if it happens again, he will sue the contractor. John Keyes declared he will follow up on the situation.
Lorin Prescott reported concerning the expansion of the concession stand and said the scout was getting approval for project. Some power will have to be moved.
Scott Kettle and John Keyes discussed moving the platform above the bucking chutes.
Mayor Bergen reported the road alignment agreement between River Bluffs and Kit Burton for the road through Burton's commercial property has been recorded.
Alison Weyher reported Rex Hallam has asked her to be in charge of fund raising. Ms. Weyher asked the Council members to donate; if they aren't able to make a donation, Ms. Weyher asked them to give her the names of people she can approach for donations.
Approve payment of bills and Adjourn
Lee Snelgrove made the motion to approve payment of the bills and adjourn. Tim Butikofer seconded the motion. The motion passed.The Francis Town Council meeting adjourned at 8:45 PM.