The Francis Town Council convened in regular session on Tuesday, February 19, 2008 in the Francis Town Recreation Building. Mayor John Bergen called the meeting to order at 7:05 PM.
Present: Mayor: John Bergen
Council: Greg Averett
Tim Butikofer
John Keyes
Lee Snelgrove
Town Clerk: Lynette Hallam
Attorney: Kraig Powell
Planner: Alison Weyher
Engineer: Scott Kettle
Others attending: Tal Adair, Ace Allak, Tim Atkinson, Lou Brown, Randy Butters, Joey Clegg, Bill Crittenden, Joe Cunningham, Wayne Despain, Rex Hallam, Kristi Major, Craig Marsing, Chad Mitchell, Bruce Riches, Eric Simonson, Rod Sorenson and Zane Woolstenhulme
Consent Agenda - Approval of Town Council minutes - 1/15/08 Council meeting
One correction was pointed out by Lee Snelgrove on Page 3 of the January minutes. The last sentence in the second paragraph should read "The Planning Commission recommendation for approval included requiring the yard be fully fenced prior to July 2008."
John Keyes motioned to accept the 1/15/08 minutes with the change noted. Lee Snelgrove seconded the motion. The motion passed with a unanimous vote. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Public Hearing and Possible Approval - Preliminary Plan and Revised Final Plat for a Commercial Subdivision located at approximately 1550 SR32, requested by Ace Allak
Alison Weyher gave a short history of the project and reported there will be three lots in the commercial development. Additional property has been procured from the School District which will make it a tidier parcel. Tonight the Applicant is asking the Council to approve a road alignment and approval for the new plat. The Applicant is working with the Corp of Engineers concerning the wetlands; it is under review by the Corp. Each lot will require separate approval as it is developed.
Alison Weyher addressed the road alignment and showed it on the plat. There are at least two pieces of wetlands. The Applicant is willing to relocate the road to avoid the wetlands, which resolves a lot of concerns. The total right of way for the proposed road is 60 feet in keeping with the Town requirements. The right of way will be dedicated to the Town when the agreement is signed. The Applicants are willing to contribute $3,000 toward the construction of the road when agreement is reached. The Town will build the road to tie into the road on the school ground. Moving the road helps with the wetlands. The road will be dedicated to the Town. The property can be rezoned when the Applicant is ready to develop or next month. If agreement can be reached on the road issue, Ms. Weyher stated she would feel comfortable recommending approval.
Scott Kettle stated he will have to look at the design and make sure it meets Town standards.
John Keyes commented on the cost of the road. The Town will put the graveled road in the center of the road right of way. It will be stripped out and a 20-foot wide section with 10 foot shoulders will be put in. The cost of the road will defer back to the developer when he puts the regular road in. Mr. Keyes opined that will be that much cost the applicant will not have to come in and red; it will be in the right of way. There will be no excavation of that road necessary except for sewer and water laterals. Mr. Keyes indicated he was a project engineer with UDOT for over thirty years and had an understanding of such matters. Mr. Keyes said it will be a benefit to the Applicant; they won't have to haul that material in. The Applicant will reimburse the Town for the price agreed upon with the Town.
Lee Snelgrove asked what kind of money would be needed for that portion of the road. Mayor Bergen estimated it would be about $30,000. Scott Kettle added that to build it to the standards required of the church, it would cost about $15,000 to $20,000. The mayor explained where that money would come from. Mr. Snelgrove asked if that would take away from needs somewhere else. The reply was that it would not.
Greg Averett asked the Applicants if they would reimburse the Town. Ace Allak commented on the background on the agreement to provide access. Mr. Allak indicated they agreed to connect to the road where it was aligned on the School property. The Applicant has to have road alignment before they can solicit tenants. At the time tenants are secured, the Applicant will have to come back for approval of each lot. Then Mr. Allak said they would put the permanent road in.
Ace Allak reported there had been a meeting a week ago with the LDS Church and Town Staff where all the possibilities were discussed. Mr. Allak stated they want to help; they agree the road can be put in as long as it lines up. There has been some confusion as to who would pay for the road. The Applicant did not feel they should have to pay at this time because they do not have any tenants. The issues with population and traffic have complicated getting tenants. Mr. Allak contended there is a difference between getting the road alignment which they are requesting tonight and actually putting it in. If not for Church's need, the road would not be put in now. There is not a $20,000 benefit right now to the Developer because of the market. Until the Developer is able to sell a lot, they are not in a position to incur debt. Mr. Allak felt they were being accommodating by allowing the road to happen right now. Mr. Allak said he wanted to go on record that in the aforementioned meeting, he was the only one that stepped up and volunteered to give money now. What benefits the Applicant benefits the Town; everyone wants this to happen.
Ace Allak alleged the wetlands could potentially be mitigated. Mr. Allak felt they were being as accommodating as possible. The road will cost $170,000 when it goes in.. Mr. Allak stated he doesn't see the request as reasonable. In real estate if you can wait, it is better. Mr. Allak concluded he was willing to listen to any solutions.
Mayor Bergen assured the Developer he understood where he was coming from. Eventually the Developer is going to have to build a road; what percentage of benefit would the Developer realize from the work the Town will put in. Mr. Allak said it would not be $19,000.
Scott Kettle offered that the Town would work with the Church contractor. By using the same contractor, the economy of scale will be there.
Ace Allak added that he respects the Church and their source of income, and asked for respect for himself and his associates.
John Keyes countered that he didn't see that much benefit to Francis Town. If you look at the whole picture, the Town is going to pay for the road until Ace Allak can reimburse; the Town is going to put up the money for the whole thing. The church has been located back far enough so that beer and alcohol sales can take place on the commercial property. Everybody has stepped up to the plate somewhat. Francis Town stepped up to help alleviate some of the traffic in the Wild Willow subdivision as the church is being built. When Mr. Allak said nobody has stepped up, he was a little misguided. Ace Allak agreed that the Town is trying. Mr. Allak's contention was they don't care if it happens now; this is compromising their time line.
Lee Snelgrove asked if the commercial property was more marketable with the road there. Ace Allak answered it is hard to say what that adds. Mr. Snelgrove inquired what percentage of tenants would need to be secured before the permanent road would be put in; Mr. Allak replied there would only need to be one.
Tim Butikofer pointed out the church has no desire to put any of the road in, but it is not fair to put the road in at taxpayer's expense.
Attorney Kraig Powell asked for clarification on the agenda item. Alison Weyher answered that it was for approval of final plat with three lots and approval of the road alignment. Kraig Powell asked Ace Allak if he was saying he didn't need that approval tonight. Part of the approval is for improvements. As far as timing, Mr. Powell indicated it would be possible to do a line extension agreement or a road extension agreement. Someone will be putting this road in for public use quite soon - the question is if it will come from tax coffers or private coffers. The road is the responsibility of the Developer. It is important to know the history of this project. The project was initially approved with an agreement with Bruce Dickamore. At that time, the project was in development phases. This gives enough nexus to attach a road extension agreement to collect the amount to put the temporary road in. The Town and the Developer can argue over the numbers at the time of development. But this project will definitely require a road extension agreement; the project is in development, it has been for eighteen months and it continues to be in development; and the Applicant is asking for more development at this meeting.
Mayor Bergen opined that for the Town to move forward and use tax money to put the road in now, it needs to be clear that the Developer is responsible for the improvement and reimbursement is paramount.
The mayor opened the hearing for public comment.
Chad Mitchell stated he didn't understand what was going on, the object is money and the LDS Church should pay. River Bluffs subdivision was required to put the road through Kit Burton's commercial property at their expense.
Tal Adair asked how the proposed road alignment buttoned up with the road across the street. Scott Kettle showed that the cross road will line up. Mr. Adair questioned what will happen when the School District develops that land. Mayor Bergen explained that as a temporary access, the road will be straight. The eventual permanent road will not be in the same configuration. Mr. Adair asked how traffic will be mitigated coming into the commercial area; how will it be slowed down? Alison Weyher indicated there will be enough room for two lanes with a possible island. Greg Averett added that as far as alignment goes, it will all depend on what the School District does. The mayor opined that stop signs, etc. will mitigate at the time of development.
Tim Atkinson asked if the development will take in the ground north of the Beaver Shingle Creek ditch where Gary Moon's shop is. He was informed that area will be redeveloped. The necessary culverts, etc. will be installed. Scott Kettle indicated the ditch companies will have to approve the plat.
Mayor Bergen closed the public hearing as no additional comments were forthcoming.
Mayor Bergen asked if it was correct for the Council to move forward when part of the development agreement is the reimbursement for the road, and we have no firm figures Scott Kettle opined that it would be $15,000-$20,000, and the Developer is putting in $3,000. The mayor asked what was reasonable to put in the agreement. Scott Kettle detailed that the Town is looking at nine inches of bank run and three inches of road base and said he could probably come up with an estimate.
Ace Allak reiterated he was not comfortable with other people deciding who would put the road in and whether the best price would be obtained. The Church benefits from the road because it allows a construction entrance. The Town benefits because it keeps the subdivision safer. This is a separate issue from the final road. Ace Allak expressed that it was not right; and it is about doing the right thing. Mr. Allak felt he was a scapegoat, and it was an attack on his pocketbook. Everybody should contribute in equal portions. Mr. Allak said he was not willing to do this and suggested a work session to discuss details.
Kraig Powell addressed why the Town is considering paying for the road. The need for the road at this time is being precipitated by the Church. Access is not now in the control of the Town or the Church. There is development pending on the commercial parcel, and it was believed this could all happen at once. The only reason the Town is participating is because we don't know if we can get an agreement right now. With all due respect to Ace Allak, the Town can enter into a road extension agreement. Francis Town will be very generous and lenient at that time and the funds may be able to be collected as impact fees, etc. The pending development has approval and is seeking additional approvals. This is not a typical situation. Mr. Powell explained the Town is granting approval and attaching conditions to that approval, such as the road extension agreement.
Ace Allak stated that was all he was asking for. Everyone agrees where the road will go. Mr. Allak said he was willing to sit down and discuss the details; and he requested the Town Council give approval tonight. Alison Weyher offered that approval will include the road extension agreement.
Scott Kettle has worked with UDOT to change the alignment of the road. Greg Averett stated the concept of the road had been in play for a long time.
Ace Allak clarified they had bought the property from Donna Kirkham, not Bruce Dickamore.
Mayor Bergen suggested that approval can be given with the condition that a road extension agreement be entered into. Ace Allak asked for approval with the condition to come to an agreement that can be agreed upon. The mayor asked what the Town should do if there is no rational discussion as to what the compensation for the value of the road. Kraig Powell advised he would prefer the Town not accept the $3000 right now; we don't want it to be construed wrongly. The road extension agreement will need to be worked out. The Town will work with the Church and their own abilities to get the road done. Future approvals will require the Applicant come up with the bond amount and honor the road extension agreement. At that point, the Applicant will have a tenant. The only way to protect the Town is if the Council passes the approval with the conditions and amendments recommended. The Applicant can withdraw at any time. In the future, the Town will know how much needs to be paid back.
Alison Weyher recommended approval of the revised road alignment, the revised plat and the updated development agreement that includes a line extension agreement and dedication of the land for the road.
Greg Averett made the motion to approve the preliminary plat and revised plat requested by Ace Allak with the revised road alignment and with the conditions discussed including a road extension agreement, an updated development agreement and dedication of the land for the road. Lee Snelgrove seconded the motion.
Kraig Powell stated the plat will not be recorded at this time. The dedication deed for the road in the Town's name will take care of a lot of liability questions. Next month there will be a public hearing for the zone change for a small portion of the property which has not been rezoned yet. Next month could also complete the approval of the development agreement for the preliminary plan. That meeting will be within less than thirty days
The motion was amended to require the road deed of dedication be conveyed to the Town within 30 days.
The mayor conducted a roll call vote:
Greg Averett aye
Mayor Bergen aye
Tim Butikofer aye
John Keyes aye
Lee Snelgrove aye
Public Hearing - Amendment of Development Code to allow church spires in excess of fifty feet as part of the Conditional Use Permit process
Alison Weyher reported that all churches are required to be approved through the Conditional Use Permit (CUP) process which reviews site conditions, location of the proposed structure in comparison to neighboring structures, topography, site improvements, vegetation and landscaping, lighting, signage, and architectural concepts. All variance requests are heard before the Board of Adjustment "prior to the issuance of any conditional use, subdivision approval or any other development approval". Therefore, based on the current Code, the Board of Adjustments would approve any height exception prior to Planning Commission review of the design, site plan, etc. of the proposed facility. By integrating the approval for additional height into the Conditional Use Process, the Planning Commission will have the ability to review the entire project, including scope, mass and overall scale of the proposed church. Mayor Bergen pointed out that the guidelines for the Board of Adjustment are very restrictive.
Ms. Weyher indicated the Planning Commission unanimously recommended approval of this change.
Mayor Bergen opened the hearing for public comment. There being no comment, the mayor closed the public hearing
Lee Snelgrove asked if it would be worded in the Code the way it was in Ms. Weyher's report. Kraig Powell clarified that the bottom paragraph of the Ordinance #2008-01 contained the language as it will appear in the Code.
Ordinance #2008-02 - Possible approval of an Ordinance to amend the Development Code to allow church spires in excess of fifty feet as part of the Conditional Use Permit process
Lee Snelgrove motioned to approve Ordinance #2008-02. John Keyes seconded the motion. The motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Possible Approval - Rezone from Public Facilities to Residential R-1, final plat for a Minor Subdivision and Conditional Use Permit for an LDS Church meetinghouse located north of Aspen Road and west of SR32, requested by the Church of Jesus Christ of Latter-day Saints
Alison Weyher indicated there were two staff reports for this item; the first one concerns the minor subdivision. The Applicant is the South Summit School District Board of Education.
As part of the development, the Church will construct a new road (Frontier Lane), which will connect to Aspen Road in Wild Willow. The eastern terminus of the road will be at the property line boundary between the Church property and the School district parcel. A construction road/emergency access road will be built from the eastern boundary of the Church property to the eastern boundary of the School District property, where it will connect with an access road across the proposed Last Frontier Development to SR 32. The portion of the road between the eastern boundary of the Church property and SR 32 will be a temporary road until the Last Frontier Commercial Development and the South Summit School District determine the future layout of their property.
This property is currently zoned Public Facilities, and a re-zone to R-1 will be required as part of the Conditional Use Permit. A Conditional Use Permit is required for all religious facilities. The second lot, which will still be owned by the School District, will contain approximately 38 acres and will remain zoned PF.
A Public Hearing was held on the minor subdivision application at the Planning Commission meeting on December 19, 2007. A subsequent Public Hearing will be held at this Town Council meeting.
Ms. Weyher reported the findings and analysis of facts considering this subdivision request:
Minor Subdivisions are an approved process for this development.
The development will include construction of Frontier Lane along the western and northern property boundary.
The development will follow the ‘new road profile' with swales, a pedestrian trail and pavement in the 60' right-of-way in the portion of road in the Wild Willow subdivision. Once the road enters the School District property, the developer will only be required to construct the road and swales. The sidewalk will be added later when the surrounding property is developed. A plat note will be added to make sure this will happen in the future.
A horse trail will be installed along Frontier Lane from Aspen Road to the existing horse trail on the perimeter of the Wild Willow Development. The trail will be separated from the road by a white vinyl fence matching the existing fences in Wild Willow.
Utilities are currently stubbed in from Aspen Lane and will be extended north to serve this development.
An irrigation ditch owned by the Washington, South Kamas and Beaver Shingle Irrigation Companies which abuts the southern boundary of the property will be piped. The Town has received copies of the "Irrigation Line Easement" which will be incorporated into the conditional use permit.
The Applicant is proposing that all storm water and run-off occurring on site be retained on site in a series of swales. In addition, the developer has negotiated an agreement with the Irrigation Companies allowing for potential discharge of storm water into the irrigation ditch, provided appropriate separators are installed. All oil separators on the Church property will be maintained by the Church. Storm water from Frontier Lane will be retained in a retention basin to be located on School District property. That basin will be conveyed to the Town as an easement, which may be relocated when the property is ultimately developed.
Frontier Road will be constructed to Town standards from Aspen Road around the Church property. At the eastern boundary of the parcel, the road will become an ‘access road', with a twenty foot wide driving surface and ten foot wide shoulders, surfaced with road base and gravel until it reaches the property line separating the School District property from the Last Frontier commercial development. The road base portion of the road will be used for construction access, emergency and future public access. When the Last Frontier project is developed, and when the School District property is developed, the road will be realigned, if necessary, hard surfaced and brought up to Town standards.
The Church will construct, or cause to be constructed both the hard surfaced portion from Aspen Road to the eastern boundary of their property, and the temporary road from that location to the Commercial Development, including installation of fences and gates along both sides of the School District property and a culvert where the irrigation ditch crosses the property. Francis Town will assume responsibility of maintaining both the hard surfaced and access road.
An e-mail from the U.S. Army Corps of Engineers has been received confirming that there are no wetlands on the property the Church is proposing to purchase from the School District.
Ms. Weyher continued with the Staff Report indicating provision of the additional point of access to SR 32 allows for the majority of construction traffic to enter and exit the site without impacting Wild Willow. Maintaining the access for emergency use will insure two entrances and exits to the meetinghouse. Keeping this access a temporary dirt road until a permanent alignment is determined allows the School District the flexibility to meet their future needs while providing immediate access to the site.
Separating the horse trail from Frontier Lane with a fence insures that horse riders will be able to access the Wild Willow equestrian system without competition from automobiles. Providing the three rail vinyl fence maintains continuity with the existing design in the neighborhood.
Locating the meetinghouse on the western portion of the School District property will eliminate any potential impact on the commercial development such as restriction of alcohol sales and locates the facility in a neighborhood which is appropriate under Francis Town Zoning.
Piping the irrigation ditch eliminates concerns about possible contamination of the irrigation water and potentially eliminates an unattractive nuisance at that location.
The Planning Commission recommended approval of the Minor Subdivision at the December 19, 2007 meeting.
Ms. Weyher concluded the Staff recommendation was approval of the Francis Meetinghouse Minor Subdivision.
John Keyes pointed out the references to a dirt road needs to be changed to a graveled road.
Lee Snelgrove asked if the School District will leave the road in past the construction of the Church. Zane Woolstenhulme stated they had agreed to what had been outlined at this meeting. The School Board had a meeting last Tuesday night which discussed this matter.
Mayor Bergen opened the hearing for public comment. There being no comments from the public, the mayor closed the hearing.
John Keyes asked if the graveled road was going to be twenty feet wide with ten-foot shoulders. Scott Kettle clarified there will be ten feet between the edge of the road and the fence; this will provide a place to put the snow.
Lee Snelgrove made the motion to approve the final plat for the LDS Church subdivision with plat notes included that there be a note printed on the plat that the owner of Lot 2 will be required to construct the sidewalk along Frontier Lane in the future as part of the development of Lot 2; the Town will have an easement for a retention basin for storm water, which can be relocated in the future, on Lot 2 as part of a subsequent approval of development; the Town and public are granted a perpetual access easement across Lot 2 for vehicular traffic which may be relocated as necessary in the future but may not be extinguished except by a dedication of a permanent road; and subject to the redline comments and recommendations of the Town Engineer in his letter and staff report for this meeting. John Keyes seconded the motion. The motion passed with a unanimous vote. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Ordinance #2008-03 - Possible approval of an Ordinance rezoning property in Francis Town as R-1 zoning
John Keyes motioned to rezone the property of the future site for the LDS meetinghouse to R1. Tim Butikofer seconded the motion. The motion was passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Conditional Use Permit
Alison Weyher advised that all churches require a Conditional Use Permit (CUP).
Ms. Weyher stated that a Public Hearing was held at the Planning Commission meeting December 19, 2007, followed by the public hearing at this meeting.
Ms Weyher presented the issues and findings of facts. Churches are conditional uses in Residential and Agricultural Zones and are not permitted in the Commercial, Public Facilities or Light Industrial Zones. This property is currently owned by the South Summit School District and is in the Public Facilities Zone. The rezone was just done with the previous motion.
The Development Code requires one parking stall for each four seats within the church. The seating capacity of this chapel will be 628, which would require 157 parking stalls. The applicant is proposing 200 parking stalls.
Section 3.13 of the Development Code states that the height of any structure should not exceed a maximum of 30 feet. "Church spires, bell towers, and the like architectural features, may extend over the specified maximum height limit, but shall not contain any habitable spaces above the maximum zone height stated. These features must be approved as part of the site plan review and final plat approval and under no circumstances shall be no more than fifty (50) feet above final grade". The eave height of the proposed building is 8 feet. The ridgeline of the roof is 27.4 feet. The Church is proposing a steeple height of 36 feet four inches above the roof line for a total height of 67 feet above the final exterior grade of the building. Approval of this height of steeple will be considered as part of the amended Height Provisions 3.13 Section of the Development Code.
The Town has requested that the building be constructed of earth-tone brick with stone accents. A fifty foot setback will be in place where the Church abuts Frontier Road. The side yard and rear yard setbacks are 15 feet.
Access for the project will be through Aspen Lane and initially, on a temporary road across the School District property to the commercial development on SR 32. The Church is proposing to construct the road, swales and trail in conformance with the town road profile across the Wild Willow section. In addition, there will be a horse trail which is separated from the road by a white vinyl fence. When the trail reaches the Church property it will move to the south side of Frontier Road. A temporary road will be constructed across the School District property linking with the commercial development at SR 32. When the School District property is developed, the road may be realigned and will be completed to the Town's standards.
A wetlands delineation determined that there are no wetlands on the site. An e-mail confirming that finding has been received from the U.S. Army Corps of Engineers.
An irrigation ditch belonging to the South Kamas, Washington and Beaver Shingle Irrigation Companies traverses the property from the west to the east along the southern property line. All three irrigation companies have agreed to pipe this ditch. All parties will maintain the ditch on their property. Francis Town will assume maintenance of the piped ditch under the public right of way.
Storm water will be retained on site through a series of swales, however the Church has an agreement with South Kamas, Beaver and Shingle and Washington Irrigation Companies to allow water to be discharged into the piped ditch, provided the oil separators are installed. This is a private agreement between the Church and Irrigation companies.
The Development Code (3.18.8) requires landscaping around all off-street parking lots, but states "In reviewing the landscape plans, the Planning Commission shall consider the location, number, size and type of plants, the method of irrigation to be used and other similar factors". A detailed landscape plan has been provided showing landscaped buffers surrounding the property. All exterior lighting will be zero cut off so as not to increase night sky pollution.
Four shares of Washington Irrigation Company water will be transferred to the Town Well in conjunction with this project.
A stop sign will be installed at the intersection of Aspen Road and Frontier Lane.
Alison Weyher reported the Planning Commission recommended approval of the Conditional Use Permit subject to the following:
Rezone of property from AG-1 to R-1 residential must be approved
The additional steeple height of 67 feet total needs to be approved.
The Brick used on the building should be earth tone with stone accents if possible.
Frontier Lane is to be hard surfaced from Aspen Road around the Church property complying with Town road profile (including hard surfaced walking trail on one side).
The irrigation ditch along southern boundary is to be piped. All property owners are responsible for maintaining the ditch on their property.
The horse trail to be constructed on Frontier Lane is to be separated from the road by three rail vinyl fence to match other fences in Wild Willow. The horse trail will cross Frontier Lane to the north western side of the road so that horses will not be on the Church property.
A temporary road will be constructed from the eastern edge of the Church property to SR 32, regardless of the status of the commercial development abutting SR 32. The temporary road will be plowed by Francis Town during the winter.
An agreement between the School District, Francis Town and The LDS Church on the maintenance and location of the road will be reached and signed by all parties.
All exterior lighting will be zero cut off and will not cause any night sky pollution.
All construction traffic will use the temporary road from SR 32 and will not enter or exit the site through Wild Willow.
The traffic study presented by the Church will be reviewed and approved by the Town Engineer. Stop signs will be installed at the intersection of Aspen Road and Frontier Lane.
Ms. Weyher concluded that churches belong in neighborhoods and recommended approval of the Conditional Use Permit subject to conditions required by the Planning Commission and such others as may be added by the Town Council.
Scott Kettle indicated his biggest concern was as to how the temporary road was to be constructed.
Kraig Powell handed out an update of the CUP. Attorney Powell went through the proposed CUP; and asked that if the Applicant needed to interrupt with possible revisions, they be allowed to do so.
After Item #5 of the CUP, Lou Brown asked for discussion concerning the horse trail. Mr. Brown indicated they preferred the trail on the west side of the road with the sidewalk on the east side. Alison Weyher said that may be a problem because of the location of the horse arena and the existing horse trail. Mayor Bergen opined the realignment would have to be worked out with the horse owner's association and the Town Planner. Joe Cunningham said the sidewalk should be on the east side of the property; it was intended the sidewalk should be on the school side if a school goes in. Scott Kettle offered that he thought the sidewalks had been agreed up on the west side. Alison Weyher reviewed the road profile in place in Wild Willow where there are no sidewalks. The residents said they had no problem walking in the road to the church. Ms. Weyher stated Staff was informed no one wanted to build two sidewalks on both sides of the road. When the School District develops their property the other sidewalk can be put it in . Lou Brown asked that item go forward the way it is.
Concerning Item #7 addressing the access drive, Mayor Bergen asked at what time the construction traffic will be required to use the construction road. Joe Cunningham stated they would need some limited access through the Wild Willow Subdivision to put in the access road. The construction of the church will not begin until the access road is in. Lou Brown stated he spoke to the project manager who said the road would take one to three weeks predicated upon the weather. Kraig Powell opined the fact the Town is constructing a portion of road will allow closer monitoring. Alison Weyher said the irrigation companies will require all culverts to be in before April 1st.
John Keyes noted that the Church would need to put the road back in shape from construction traffic before the Town takes over. Magnesium chloride water can be put on the road to hold down dust. Joe Cunningham replied that the Church will have to have the road to Town specifications and approved by the Town Engineer before receiving a Certificate of Occupancy for the church building. This was added to the CUP. John Keyes repeated that the magnesium material will keep the dust down.
Lee Snelgrove felt penalties should be specified for construction traffic not using the construction access and providing for cleanup of any mud, etc. tracked into the subdivision. Scott Kettle it is the norm that the constructors are responsible to keep the roads clean; it will be regulated as part of the construction traffic. Lou Brown pointed they are putting a gate up on the access through Wild Willow. Kraig Powell advised he could add a fairly simple sentence to cover these issues.
Zane Woolstenhulme commented on the sidewalk issue; he felt the Church should put it in on the east side. Mr. Woolstenhulme disagreed on the need for an access road; he opined that considering the average size of a house, five homes would be equivalent to one church. Mr. Woolstenhulme added that he didn't believe most people will want to go across as graveled road with their cars. The dirt road will have to be maintained for who knows how long. Added to that is the cost of the road in the commercial property and the cost of maintenance. Mr. Woolstenhulme stated he didn't think the ends justified the means. Mayor Bergen countered he would have no problem not putting the road in if the Wild Willow residents on the roads which would be used would agree.
John Keyes asked if there is one accident in the subdivision, what will be the consequences to the Church. It is not only about building a safety factor by putting the access road in, it is also building a good public representation of the Town and the Church. Mr. Keyes again stressed the safety features.
Rod Sorenson, Kamas Utah Stake President, stated that he had to leave for a scheduled appointment, and thanked the Council for considering this matter and for all their work. Three stake presidencies have worked toward this. President Sorenson added he was not aware of any accidents associated with the Church. Greg Averett said he understood Zane Woolstenhulme's logic; but at this point, the Town can't take a chance---for the safety of Wild Willow residents, the Town can't take a chance.
Lou Brown commented he recognized there could be problems controlling passenger cars getting the contractor to open gate let them come through. Concerning the entire road, Joe Cunningham the Church realizes the road has gone from temporary access; it becomes more than that. In Town's master plan can this road be used? Nobody will reimburse the Church for their road; they agreed to put the access road in, but they didn't want to. The Church could have been designed with a cul-de-sac. Mr. Cunningham admitted they had told Wild Willow residents they wanted to be a good neighbor. Lou Brown stated they had gone through a process and are willing to proceed, even though they don't think it is necessary.
Kraig Powell understood the Church's point, possibly passenger vehicles could be admitted through the gate. Tal Adair stated he was there as a proponent of the children. Children wait for the school bus and walk up and down the road. Mr. Adair said he would like to make restricted access a hard and fast rule. Scott Kettle opined the Town was opening up to a headache if the passenger cars are allowed. If the rules are lenient, it will be hard to police. Lou Brown asked the Council to respect their rights.
Lou Brown offered they were willing to do the access road contingent upon three things: 1. The Church knows there will be legal access across the commercial property. 2. If the Church's general contractor is commissioned to build the road on Ace Allak's property, the Church will receive reimbursement for that. 3. That the approval of the Corps of Engineers concerning the wetlands is firm. Kraig Powell stated the first two are already in the CUP agreement. Alison Weyher reported she had a conversation with Hollis Jenks regarding the wetlands. The approvals can be reached from aerial photographs. Ms. Weyher proposed Joe and she visit with Hollis Jenks right away. Kraig Powell pointed out the letter from engineer does address the Town's standards for the road.
After Item # 10 concerning the building exterior, Joey Clegg indicated that stone accents could be add in the middle of the front of the building.
Concerning Item #13 regarding parking stalls, Lou Brown indicated the current standard was 9 feet by 18 feet. Alison Weyher corrected that the current standard was 8.5 feet by 20 feet, and the Town had given a variance to do the shorter fatter (10 x 18) stalls. After further discussion, Ms. Weyher and Scott Kettle agreed to 9x18 foot spaces.
Resolution #2008-01 - Possible approval of a Conditional Use Permit for an LDS Church meetinghouse
Lee Snelgrove motioned to approve the Conditional Use Permit for an LDS Church meetinghouse with the changes made by the attorney and with the change of parking spaces to 9 feet by 18 feet. Tim Butikofer seconded the motion. Motion was unanimously approved. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Alison Weyher asked what should happen if any more changes were needed. Mayor Bergen replied that changes should come to him; and if they are significant, he will take to the Council.
Action Item - Frontier Days Stock Contract, update on progress and discussion of new bucking chutes - Rex Hallam, Chairman
Rex Hallam referred the Council to the copy of Bill Crittenden's contract and requested approval. The contract amount is the same as last year.
John Keyes made the motion to accept Bill Crittenden's bid. Lee Snelgrove seconded the motion. Motion passed with a unanimous vote. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Rex Hallam next discussed the bids for new chutes for the rodeo grounds. Mr. Hallam informed the Council that it had been established by the Sponsorship Committee that 30% of the sponsor money to go back into the park. There was a discussion about the chute choices. Mayor Bergen recommended doing all seven chutes at this time
Bill Crittenden opined that the Priefert chutes were worth the extra investment. Heber City and the PBR use Priefert chutes; they are the most popular chute right now. WW is a good chute, Vernal bought some; but they don't hold up as well. Some who used to go with WW are now going with Priefert. A lot of people are getting hurt because they don't open as far as Priefert which opens clear up. The Priefer chutes are safer.
Greg Averett felt the sound booth would need to be replaced when new chutes were put in. John Keyes said he recommended Priefert.
Lee Snelgrove made the motion to approve purchase of seven Priefert chutes and to use up to $10,000 of the budgeted park funds. John Keyes seconded the motion. The motion passed by a unanimous vote. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Bill Crittenden pointed out that he had submitted his bid exactly as it was last year. The flag carriers will cost him extra money this year. Mr. Crittenden asked the Town to be fair and honest with him.
Rex Hallam outlined who was over each area of the Frontier Days celebration. Mayor Bergen informed the Council the fireworks will go up to $2000 this year from $1500. The operator will throw in some extras for that price.
Discussion Item - Cost of living adjustment and merit increase guidelines for Calendar Year 2008 and Salary adjustments to more closely reflect the trend in local communities
Mayor Bergen explained that each year the matter of Cost of Living Adjustment (COLA) and range of merit raises comes to the Council. The mayor reported that Luke Thomas has talked to him concerning what other towns are paying their employees in public works.
Mayor Bergen recommends that in lieu of a COLA percentage raise that Luke Thomas and Lynette Hallam be moved up to $16.50 per hour. For Susan Moses, the mayor recommended that in lieu of a COLA raise, she be given health insurance.
Kraig Powell clarified that the recommendation would have to be in the form of an ordinance for the statutory employees (Town Clerk and Treasurer). Mayor Bergen said he was asking for approval so the ordinance can be on next month's agenda.
John Keyes opined that he didn't think the Town could find better employees and the Town needs to pay them comparably with other towns. Lee Snelgrove suggested that as some of raises become available, they could possibly be tied to certifications.
Mayor Bergen informed that COLA and Merit are two different raises; the mayor opined that the Town could look toward tying raises to grade advancements.
John Keyes motioned to accept the mayor's recommendations and move forward and schedule a public hearing for the March Council meeting. Lee Snelgrove seconded. The vote was unanimous in favor. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Update - Sewer Project Application to State of Utah - Mayor Bergen
Mayor Bergen read a memo into the record concerning the state of the sewer project. A copy of the memo is included at the end of these minutes.
The mayor asked the Council to start thinking about budgets for the next fiscal year. The proposed budget will be presented in May, and the final budget in June.
Update - Neighborhood Surveys - Alison Weyher
Alison Weyher went over the questions asked in the neighborhood surveys and read from her staff report regarding the results tabulated.
Mayor Bergen indicated he didn't want to be in the meetings because it may have the appearance he was looking over their shoulders, but said he would like to be updated on the results of the meetings. Lee Snelgrove noted he would like to be involved.
Concerning speeding in the subdivisions, John Keyes suggested rumble strips across the roads. The speed control sign from the Sheriff was also cited as a possible solution. It was pointed out that permanent signs for speed control are available which are solar powered.
Update - Francis Town website - francisutah.org
Mayor Bergen covered the menu items on the Town website and advised the website is now up and operational.
Action Item - Possible consent for payment for additional meetings for Mayor Bergen
Mayor Bergen stated as previously recommended by the Council, he was asking for approval for payment for a lengthy meeting in Salt Lake with the LDS Church and a long meeting in the Town attorney's office.
Greg Averett motioned that Mayor Bergen be authorized to collect payment for two half-day meetings. John Keyes seconded the motion. A unanimous vote passed the motion. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Department Reports
Lee Snelgrove reported he was looking into improvement of the concession stand. Mr. Snelgrove felt it could be an Eagle Scout project and that he could get donations from contractors.
In reply to the mayor's query, Tim Butikofer indicated he would be available for any meetings concerning the sewer. Mayor Bergen asked Mr. Butikofer to work closely with Scott Kettle to keep the sewer project moving forward expeditiously.
Mayor Bergen reported the mayors in the valley are now having regular meetings. Right now they are working on the fire protection matters.
John Keyes indicated he is looking into a building to house the Town's equipment. Mr. Keyes indicated he has a bid for $15,000 for 26 feet by 36 feet steel shed and is waiting for another bid. Mr. Keyes stated that Scott Kettle had suggested the Town may want to put in a concrete floor. Scott Kettle advised that annexation fees could be used for the building. Greg Averett recommended a concrete floor, power to the building and a bathroom.
Approve payment of bills and Adjourn
Greg Averett motioned to approve payment of the bills and adjourn. John Keyes seconded the motion. Motion passed.
The Francis Town Council meeting adjourned at 10:45 PM.
These minutes were approved at the March 18, 2008 Council meeting.