The Francis Town Council convened in regular session on Tuesday, January 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: 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, Renee Atkinson, Eric Averett, Robbin Averett, John Barclay, Kit Burton, Billie Jo Butikofer, Randy Butters, Joey Cann, Susan Cann, Joey Clegg, Joe Cunningham, Wayne Despain, Matt Francis, Kristi Major, Mark Moses, Susan Moses, Karl North, Cheryl Ovard (Summit County Bee), Bruce Riches, Debbie Sellers, Jon Shuppy, Jody Snelgrove, Diana Sorensen and Bryan Stephensen
Consent Agenda - Approval of Town Council minutes - 12/18/07 Council meeting
John Keyes motioned to approve the consent agenda. Greg Averett seconded the motion. Motion passed. Voting in favor: Greg Averett, Mayor Bergen and John Keyes.
Approve Payment of Bills
John Keyes motioned to approve payment of the outstanding bills. Greg Averett seconded the motion. Motion passed. Voting in favor: Greg Averett, Mayor Bergen and John Keyes.
Swearing in of Newly Elected Council, Town Clerk and Treasurer
Mayor Bergen informed the Council that he desired to appoint Lynette Hallam as the Francis Town Clerk.
John Keyes made the motion to appoint Lynette Hallam as the Francis Town Clerk. Greg Averett seconded the motion. Motion passed. Voting in favor: Greg Averett, Mayor Bergen and John Keyes.
Kraig Powell swore in Lynette Hallam as the Francis Town Clerk.
Clerk Lynette Hallam swore in Greg Averett as a 4-year Council Member. Next, the Town Clerk swore in Tim Butikofer as a 2-year Council Member. Lee Snelgrove was then sworn in by Lynette Hallam as a 4-year Council Member. New Council Members took their places at the Council table.
Mayor Bergen indicated he was appointing Susan Moses as the Planning Commission Secretary and the Francis Town Treasurer.
Town Clerk Hallam swore in Susan Moses as the Francis Town Treasurer.
Appointment of Legal Counsel, Engineer and Planner
Mayor Bergen appointed the firm of Tesch Law, including Kraig Powell, as Francis Town Attorney. Scott Kettle, Horrocks Engineers, was appointed as the Town Engineer. Alison Weyher was appointed by the mayor as the Town Planner.
Council and Staff Assignments
The mayor made the following Council and Staff assignments:
Council
Greg Averett - Water
Tim Butikofer - Sewer
John Keyes - Roads & Mayor Pro-tem
Lee Snelgrove - Parks
Staff
Lynette Hallam - Town Clerk, Elections Officer, Census 2010 Representative, Business License Official
Susan Moses - Treasurer, Planning Commission Secretary, Webmaster for Town website
Luke Thomas - Public Works
Mayor Bergen also indicated he had asked Rex Hallam to be the Chairman of Francis Frontier Days.
Continued Item - Application for a Conditional Use Permit from Diana Sorensen for a preschool with more than eight children at 1905 Parleys Loop
Alison Weyher outlined that the Applicant, Diana Sorensen, desires to locate a pre-school in her home at 1905 Parleys Loop. There will be twelve students at the pre-school. The Development Code (#3.12.E) requires that any daycare/preschool with more than eight children receive a conditional use permit.
Ms. Weyher reported a Public Hearing was held at the October Planning Commission meeting and the December 18th Town Council in conjunction with the application.
The Applicant states she will have no more than twelve students at the pre-school, three days a week from 9:00 to 1:00. The State of Utah does not regulate pre-schools unless they operate for more than four hours a day. The Applicant will provide parking in the driveway, side yard and parking area of the house for pick up and drop off of students. The Planning Commission recommendation for approval included requiring the yard be fully fenced prior to July 2008.
Alison Weyher recommended approval of the Conditional Use Permit (CUP) subject to the Applicant completing the fencing by July 1, 2008 and approval from the abutting property owners.
Diana Sorensen indicated agreement with the requirements of the Conditional Use Permit. Mayor Bergen counseled Mrs. Sorensen that failure to comply with the requirements would cause revocation of the CUP and business license.
Action Item - Possible Approval of Banana Bop Preschool Conditional Use Permit
Greg Averett motioned to approve the application for a Conditional Use Permit by Banana Bop Pre-school subject to the Planning Commission's recommendation. John Keyes seconded the motion. Motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Ordinance #2008-01 - An Ordinance to Facilitate Snow Removal in Francis Town by Prohibiting the Parking of Motor Vehicles or Trailers on Paved Roadways at Certain Designated Times
Mayor Bergen read Ordinance #2008-01 (copy following minutes).
Lee Snelgrove questioned the motivation of Section 2. Scott Kettle replied the reasoning was if daytime plowing is being done after a storm, the plows will not have to go around the vehicles or trailers. Kraig Powell added that Section would apply after March 15th. Lee Snelgrove asked if the pavement section of road was sufficient, and where the snow would be pushed. Kraig Powell opined if the ordinance said the right of way, there would be nowhere for anyone to park. Scott Kettle stated the intent is to get the pavement clean. Mayor Bergen suggested the Council move forward with the ordinance as it is and amend it if needed in the future.
Action Item - Approval and enactment of Ordinance #2008-01
Lee Snelgrove motioned to approve Ordinance #2008-01. John Keyes seconded the motion. Motion passed.
The mayor conducted a roll call vote with the following results:
Mayor Bergen Aye
Council Member Averett Aye
Council Member Butikofer Aye
Council Member Keyes Aye
Council Member Snelgrove Aye
Discussion Item - Amendment of Development Code to allow church spires in excess of fifty feet as part of the Conditional Use Permit Process
Mayor Bergen read a letter from Joe Eiting, a member of the Planning Commission. A copy of the letter is included at the end of the minutes.
Kraig Powell addressed some of the concerns brought up in Mr. Eiting's letter. Mr. Powell indicated this amendment of the Development Code would apply across the board. It would actually be removing a restriction. Staff has discussed the issue and decided an overall zoning change would be appropriate; as such, the change would not be a problem.
Alison Weyher commented it would allow the issues to be handled as separate items. Ms. Weyher continued her report on the amendment. The Francis Town Development Code Section #5.2 establishes churches as a Conditional Use in Residential and Agricultural zones. Section #3.13 establishes the maximum height of church spires as "no more than fifty (50) feet above grade." Applicants requesting a higher spire are required to seek a variance from the Board of Adjustment. The proposed amendment to Section #3.13 will modify the procedure so that additional height may be requested as part of the Conditional Use Permit application to the Planning Commission.
A public hearing was held on this proposed amendment at the December Planning Commission meeting. An additional public hearing will be held at the February Town Council meeting.
Alison Weyher reported that all churches are required to be approved through the 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 or any other form of 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 the scope, mass and overall scale of the proposed church.
Summarizing the findings, Ms. Weyher stated reviewing steeple height as part of the Conditional Use process for locating churches in Francis Town will enable the Planning Commission to review the project in its entirety and make recommendations on the overall concept and design rather than having the height established independently by the Board of Adjustment prior to a Conditional Use Permit being issued or approved. The Planning Commission unanimously recommended approval of this change.
Alison Weyher recommended approval of amending Section #3.13 of the Development Code with the language to read as follows: Church spires, bell towers and 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 that fifty (50) feet above final grade unless approved as part of a Conditional Use Permit.
Tim Butikofer asked if the reason for a higher steeple would be because it was in compliance with the design of the building. Ms. Weyher indicated it was. Also, the Planning Commission would be able to look at the location and the proposal and review it considering all those factors. If the Board of Adjustment has to decide, they do not have the flexibility and have to follow strict guidelines. The Board of Adjustment also could not ask for changes in design. If this ordinance passes, it gives more flexibility to the Planning Commission in considering design.
Lee Snelgrove queried if it was fair to assume this issue has come up because of the request and could have come up with anyone who desired to have a taller steeple. Mr. Snelgrove was assured this change is not just for the LDS church.
Mayor Bergen said he was in harmony with the decision being made as part of the Conditional Use Permit process because it becomes part of the overall consideration.
Greg Averett stated he liked the process recommended by the Staff; if an applicant doesn't like the decision of the Planning Commission, they can still go to the Board of Adjustment.
Kraig Powell clarified that this amendment will only apply to finial features, a protruding object above the building, not the building.
Discussion Item - Minor subdivision to create two lots, one 38 acres, the other 3.25 acres on School District property
Alison Weyher pointed out on the map where the LDS church would be built. The School District owns the property in front between the location of the church and the Last Frontier commercial property being proposed by Ace Allak, which abuts SR32. After early discussions about the site, moving the Church adjacent to the commercial development was considered. However, the commercial development wants to include a convenience store and restaurants; these establishments would not be able to sell or serve alcohol if they were within 650 feet of the church.
Alison Weyher reported the LDS Church is purchasing 3.25 acres from the South Summit School District on which they propose to construct a new meetinghouse; this will be Lot 1. As part of the development, the Church will construct a new road, linking to Aspen Road in Wild Willow. Ms. Weyher pointed out the location of the road and indicated it will be called Frontier Lane. The eastern terminus of the road will be at the Last Frontier Development on SR32. The portion of the road between the western boundary of the commercial development and the eastern boundary of the Church property will be a temporary road until the South Summit School District determines the future layout of their property; they have not decided yet what they are going to do with their property. This property is currently zoned Public Facilities (churches are not permitted in PF zone); and a re-zone to R-1 will be required as part of the Conditional Use Permit, which is required for all religious facilities. The second lot, which will still be owned by the School District, will contain approximately 38 acres.
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 the February 2008 Town Council meeting.
Alison Weyher went over the findings and analysis of issues. Minor Subdivisions are an approved process for this development. The development will include construction of Frontier Road along the western and northern property boundary. Utilities are currently stubbed in from Aspen Road 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. A drawing of the proposed pipe has been signed by each of the parties; Ms. Weyher indicated she has copies of the signed agreements.
The applicant is proposing that all storm water be detained on site through swales with oil separators where appropriate. All oil separators on the Church property will be maintained by the Church, those in the public right-of-way will be maintained by Francis Town. Town Staff have met with the Irrigation Company engineer to determine if this is feasible, and how excess run-off will be handled.
The horse trail along the new Frontier Road will be maintained, separated from the road by a white fence until it reaches the School District property where it will move to the northwestern side of the road. The development will follow the ‘new road profile' adopted by the Town last year with swales, a pedestrian trail and pavement in the 60' right-of-way. The applicant has chosen to locate the trail on the northwestern side of the road because of landscaping and additional water detention areas on the eastern side of the property.
Frontier Road will be constructed from Aspen Road around the Church property. At the eastern boundary of the parcel, the road will become a ‘temporary road' surfaced with road base and gravel until it reaches the Last Frontier commercial development, where it will again be hard surfaced to SR 32.
The Church will construct 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 plowing the road in the winter. When the School District develops their parcel, the road will be hard surfaced and brought up to the Town standards.
An e-mail from the U.S. Army Corps of Engineers has been received confirming that there are no wetlands on the property.
Alison Weyher presented the following code criteria findings:
Provision of the additional point of access to SR 32 allows two distinct entrances and exits to the Church, meeting safety access concerns and reducing potential traffic on Aspen Road. 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.
Separating the horse trail from the new Frontier Road with a fence, as it is elsewhere in Wild Willow, insures that horse riders will be able to access the Wild Willow equestrian system without competition from automobiles.
Locating the meetinghouse on the western portion of the School District property will eliminate any potential negative impact on the commercial development (ie. alcohol sales).
Piping the irrigation ditch eliminates concerns about possible contamination of the irrigation water and potentially eliminates a nuisance at that location.
Ms. Weyher reported that the Planning Commission recommended approval of the Minor Subdivision at the December 19, 2007 meeting.
Scott Kettle indicated the church had submitted a traffic study, but he recommended the study be updated considering future traffic and with the additional factor of the temporary road. Mr. Kettle also commented that storm drain calculations should be submitted prior to final approval. Mr. Kettle reiterated his biggest concern was the traffic study.
Greg Averett addressed the issue of the temporary road. Mr. Averett opined that the Town cannot maintain it in wintertime if there is no place to put the snow; it needs to be wider, possibly 40 feet. John Keyes speculated that it will be graveled and if it is a 6-1 slope, the snow can be pushed off that. There will be some drifting. Mr. Keyes suggested a 24 foot road, two ten-foot lanes and a two-foot shoulder on each side. The snow can be pushed off if the road is raised. Mr. Keyes said he can't see snow removal will be a great problem if the road is a little wider, and we have some shoulders and can push the snow beyond the edge of the road. We do not want the snow right at the edge of the road or the wind will blow it back on to the road.
Joe Cunningham, LDS Church, indicated he has worked closely with Staff. Mr. Cunningham expressed concerns with the temporary road. The traffic report submitted originally showed no need for a temporary road. The traffic can use the existing roads in the subdivision. Section 6.14.3 of the Development Code outlines the Ingress and Egress Code for a subdivision. It is recommended to have two accesses. The exceptions are: 1. Any subdivision which cannot provide two points of ingress and egress. 2. Emergency service providers must approve the street design; they have. Mr. Cunningham stated they have met those two criteria's for the one entrance. Section 5.2.15 of the Development Code allows distances of 600 feet on permanent dead end and 1200 feet for a temporary dead end. Mr. Cunningham said they have also met the criteria for that. Mr. Cunningham stated he has sent out to Gary Hortin (traffic engineer) the information on the traffic study, and he has responded that the subdivision as it is and the church with the traffic it will generate the existing subdivision will meet that. After listening to concerns from citizens, the Church has met with the School District, and asked if there was a way the Church could put in 1300 feet of temporary road. This will provide a temporary ingress and egress during construction. It does not affect the traffic. Summit County wants churches in residential zones. Kennecott wants churches in the heart of the subdivisions. Mr. Cunningham, under protest, said they will do basically anything the Town wants addressed. Eventually there will be a school on this property. The traffic studies show that now the existing roads will support the traffic of the church. Mr. Cunningham reported they had sat and looked at the traffic. Sunday mornings are the least used time.
Mayor Bergen asked Mr. Cunningham if it was his opinion the temporary road will not be used. Mr. Cunningham responded that is his opinion and that is the only road that should be required. Mayor Bergen asked what the driving force to put it in was. Mr. Cunningham responded that staffs thoughts were two accesses are required for emergency access. Joe Cunningham stated the church can provide the right of ways. Concerning the temporary road, they are willing to try to do it to be a good neighbor; but he had a problem with continuing to upgrade the requirements. Mr. Cunningham said he didn't believe any additional accesses should be required, but he was willing to try to do it.
John Keyes opined the neighborhood should be looked at and see the traffic they will be dealing with. Most churchgoers tend to be there on time, so there will be a lot of traffic. The church is being built to be large enough for three wards. Joe Cunningham said it could go to a three-ward chapel eventually; that could be in ten years, it becomes very subjective to try to predict. Mr. Keyes reminded that the neighborhood has lot of young children. Because there are no sidewalks, there could be a lot of kids alongside road and maybe on the road. Some people are against the church location because of the impact on the road. There needs to be an emergency access.
Gary Hortin, representing the LDS Church, gave a background on traffic studies. The studies start by looking at the time the most traffic is on the road. Then they look at what is needed to keep things safe and progressing. The time when residents are leaving and coming home from work is the highest traffic. The Church is looking at Sundays and evenings. Safety issues would happen whenever the traffic is heaviest. The traffic for a church never brings the traffic that is normally generated morning and evening. With three wards there would be about 120 trips on the road. Then the study looks at the area to see what improvements are needed. Sunday doesn't generate the peak hour of traffic. More studies can be done, but generally it is a cause of other things in the area.
Greg Averett expressed appreciation that the Church is trying to be a good neighbor. Mr. Averett asked if the Church would be willing to give 25 feet for the road. The Town has only one plow truck and no grader and would be unable to get the snow removal done. Joe Cunningham replied that whatever the Church, the Town, and the School District can work out, he would be willing to do. At maximum peak time for the Church, it will generate only 60% of the peak time of the subdivision. The Town Engineer will meet with the Church to determine what is needed. Mr. Cunningham opined the road should not be required, but they will do whatever is best for all involved.
Lee Snelgrove questioned why the road ends at property line of the School District. Scott Kettle explained the Last Frontier commercial subdivision is in planning stages right now. Alison Weyher reported Last Frontier has received approval for their road from the Planning Commission and will come to the Council next month. Ms. Weyher further indicated the School District presently pastures the ground and would like to continue. Everyone wants to be open to what can happen in the future. Any road in the future will tie in with Last Frontier and the Church. The District wants fences on both sides of the road. The alignment of the road will possibly be changed when development takes place on the School District land. Joe Cunningham assured they would make sure all construction traffic comes off SR32. Mayor Bergen reiterated a temporary road for construction was paramount. Mr. Cunningham suggested the Council figure out what the width of the road should be and the Church will do what is needed to get it in.
John Keyes stated that the parking lot has 200 parking stalls and there are retention ponds in the area for water generated off the parking lot. Councilor Keyes asked how much storage would be available for snow. Joey Clegg reported that retention will all be underground. The parking area is larger than needed and will provide for snow removal and storage.
Discussion Item - Conditional Use Permit application to permit an LDS Church meetinghouse on Frontier Road
Alison stated we have a conceptually discussed making a lot to put the church on and amending the ordinance so that we can have a taller steeple. The Conditional Use Permit is the vehicle by which we allow the building to accure.
Alison Weyher detailed that all churches within Francis Town require a Conditional Use Permit (CUP). Section 1.14.10 of the Development Code outlines the Standards for Review, including, size and location of site, traffic considerations, amount of off-street parking, emergency access, fencing, screening and landscaping, architectural design, etc. The Planning Commission recommended approval of the Conditional Use Permit at the December 19, 2007 meeting.
Ms. Weyher stated a public hearing was held at the Planning Commission meeting December 19, 2007; an additional public hearing will be held at the February 2008 Town Council meeting.
The issues and findings of fact were detailed by Alison Weyher
1. Churches are conditional uses in Residential and Agricultural Zones. This property is currently located in a Public Facilities Zone. A re-zone will be required at the time of final approval. The applicant has requested that the property be re-zoned R-1.
2. Parking. 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.
3. Height. Section 3.13 of the Development Code states that the height of any structure should not exceed the maximum height 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. 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 4 inches. Approval of this steeple height will be considered as part of the amended Height Provisions 3.13 Section of the Development Code.
Alison Weyher showed a rendering of the church building and pointed out the steeple which is going to be 67 feet high. Ms. Weyher added that on the current church building the steeple height is 68 feet.
4. Setbacks. A fifty foot setback will be in place where the Church abuts Frontier Road. The side yard setback is 15 feet, while the rear setback has been redrawn to 25 feet.
5. Access. 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. In addition, there will be a horse trail which is separated from the road by a white vinyl fence the same as in Wild Willow. When the trail reaches the Church property it will move to the south side of Frontier Road so it is not on Church property.
6. Wetlands. 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.
7. Storm water detention. Storm water will be retained on site through a series of swales and oil separators. South Kamas, Beaver Shingle and Washington Irrigation Companies are working with the Town Engineer to determine if this is feasible and how excess run off will be handled. Staff of the irrigation companies and Francis Town met this week to begin to resolve some of those issues. The Church will need to make sure the water is returning to the ditch uncontaminated.
8. The 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. The Church has agreed to maintain the ditch until such time as the abutting property is developed, at which time the adjacent property owners will take over maintenance of the portions on their property. Likewise Francis Town will assume maintenance of the piped ditch in the public right of way.
9. Landscaping. 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.
10. Lighting. In the packet handed out to the Town Council is the lighting plan which includes The No Night Sky Pollution, and the zero cut off lighting.
Alison Weyher advised the Council that the General Plan Community Vision Goal 2, "encourages rural and country themes in architecture and site design." The Planning Commission attempted to get a more rural design; Staff has been informed that South Summit LDS Church leaders have selected the design.
Ms. Weyher further stated the maximum steeple height allowed by the Development Code 3.13 is 50 feet and asked if the Town Council felt the additional 17 feet requested by the applicant is appropriate.
Alison Weyher reported the Planning Commission recommended approval of the Conditional Use Permit subject to the following:
A. Approve Re-zone of property from AG-1 to R-1 residential.
b. Approve additional steeple height of 67 feet total.
c. Brick to be earth tone with stone accents if possible.
d. Road (Frontier Lane) to be hard surfaced from Aspen Lane around the Church property complying with Town road profile (including hard surfaced walking trail on one side).
e. Irrigation ditch along southern boundary to be piped. All property owners responsible for maintaining ditch on their property.
f. Horse trail to be constructed on Frontier Lane separated from road by three rail vinyl fence to match other fences in Wild Willow.
g. 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.
h. 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.
i. Temporary road to be plowed by Francis Town in the winter.
j. 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.
k. All exterior lighting will be cut-off lighting and will not cause any night sky pollution.
l. All construction traffic will use the temporary road from SR 32 and will not enter or exit the site through Wild Willow.
m. The traffic study presented by the Church will be reviewed and approved by the Town Engineer. If warranted, stop signs will be installed at the intersection of Aspen Road and Frontier Lane.
In conclusion, Alison Weyher recommended approval of the Conditional Use permit subject to the conditions required by the Planning Commission and such others as may be added by the Town Council, this will be done by the time we issue the Conditional
Use Permit.
John Keyes reiterated that the Council's responsibility is to look out for the health and welfare of the townspeople to look out for the children. Mr. Keyes stressed that construction traffic should not be in the subdivision.
Discussion Item - Future of Francis Town website
Mayor Bergen indicated that Mark Benton had informed him that the future web address will be francisutah.org. Within the next week, there will be another meeting with Mr. Benton to formalize what the web site will look like. John Shuppy indicated he was a professional website designer and offered his help with the website. Mayor Bergen stated we have a obligation to finish up at this point with Mark Benton but anticipate doing it ourselves down the line and would love to have the involvement of Mr. Shuppy. The mayor asked that the Council monitor the site and suggest any items they would like to see there. Susan Moses will be in charge of the website.
Department Reports
Mayor Bergen reported he took Representative Painter to COG meeting regarding HB 51. This bill is being pursued to protect water rights. This would give municipalities 25-30 years to hold water. The bill has the backing of the Utah League of Cities and Towns. Some have voiced concern this will help cities, such as Salt Lake City, hoard water; however, they can do that now because have the staff to file every five years and keep it held. There are copies of the bill in the Town office if anyone would like to look at it.
Greg Averett stressed that he felt something should be sent in the bill monthly to advise people to leave a trickle of water running.
John Keyes reported that the snow removal is not going at the best pace. There have been problems with salt setting up; we need somewhere to house the truck. Mayor Bergen pointed out the Council has had previous discussions about a building for Public Works; it needs to be in the budget for next year. Mayor Bergen suggested that the Council Members have a conversation about how to incorporate that money for the building in next year's budget. Councilor Keyes stated they had put plywood over the salt in the truck, which has helped some. The mayor questioned if something temporary with canvas could be put up until a building can be built. John Keyes felt one could be put up for around $3000; they are guaranteed for fifteen years. Mayor Bergen asked Mr. Keyes to follow up and ask for a municipality price; we need to do something temporary until we can get a building.
Lee Snelgrove asked for a copy of this year's budget. Lynette Hallam advised him some details were on the bill report.
Alison Weyher reported that Washington, South Kamas, Sunrise and Cutter irrigation companies are form an umbrella company which is an LLC which will be a for-profit company. The goal is to only let water shares be sold to this company and then they will lease the water out. Their attorney does not feel it will be functional for at least a year. Francis Town Code requires the Town only accept fully owned shares to be transferred into the well. The irrigation companies may come to the Town and ask for support. There has been a lot of talk, and this is just a general overview. Mayor Bergen asked that a sheet be made up that will show the new proposed fees that their engineer and attorney are going to require to transfer water. Ms. Weyher reported that Washington Irrigation and South Kamas have hired an engineer to review the change applications they receive. This is to help keep track of what ground is not being irrigated. Also it is to make sure the diversions are appropriate and in keeping with what the irrigation companies want. Part of it is to make sure they are not caught behind the 8-ball on some development. Their engineer is fairly pricey and is looking at all applications for transfer. The engineer is presently looking at the River Bluffs subdivision, even though it has been approved. Their engineer needs to understand he can make recommendations, but the Town Engineer makes the final decision.
Greg Averett thought it could be a good idea, but it needs to be discussed with the Town Attorney. Mayor Bergen pointed out if the water shares are leased, the Town could lose control.
Adjourn
Greg Averett made the motion to adjourn. John Keyes seconded the motion. The motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
The Francis Town Council meeting adjourned at 8:45 PM.
These minutes were approved at the February 19, 2008 Council meeting.