The Francis Town Council convened in regular session on Tuesday, March 18, 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, Ace Allak, Kit Burton, Randy Butters, Rex Hallam, Kristi Major, Bruce Riches and Paul Smith
Mayor Bergen announced that Evva Atkinson, an old-time resident of Francis, had passed away and the funeral will be on Friday. The mayor also mentioned it was the birthday of Kraig Powell and Rex Hallam and invited those in attendance to have a piece of birthday cake.
Consent Agenda - Approval of Town Council minutes - 2/19/08 Council meeting
Greg Averett asked that on Page 5 paragraph 4 that "Greg Averett asked" be changed to "Greg Averett stated."
John Keyes motioned to approve the consent agenda with the stated correction. Greg Averett seconded the motion. Motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, John Keyes and Lee Snelgrove. Absent: Tim Butikofer.
Request for Donation - South Summit Rodeo Club, Casey Fryer
Casey Fryer outlined the levels of donation for the South Summit High School Rodeo Club to sponsor their spring rodeo. Mayor Bergen stated that Francis Town has always supported this cause and have supported the all-around buckle previously at $150.00.
Greg Averett made the motion to support the South Summit Rodeo Club by donating $150 towards the all-around buckle. John Keyes seconded the motion. Motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, John Keyes and Lee Snelgrove. Absent: Tim Butikofer.
Public Hearing - Regarding setting cost of living and merit raise guidelines for CY 2008
Mayor Bergen stated building the Town's delivery of services by the Francis Town Staff has paramount principals: legality, honesty and integrity being a few that constantly apply to every decision; the mayor believed the Town employees and staff follow those principals. The mayor praised the Town Engineer, Town Planner, Town Attorney, Public Works employee, Town Treasurer and the Town Clerk. Mayor Bergen mentioned the Francis Town budget; because of close work between the mayor and the Town Clerk, assets exceeded liabilities by $4,513,293, of that amount $1,289,456 is unrestricted and may be used to meet the Town's obligations to its citizens and creditors. $288,617 was carried forward to next year's budget. The mayor covered the amount of carryover which is allowed. With the 2010 census, Francis will become a city and the carryover allowed will be reduced. Budget amount carried over will need to be reduced at that time.
Mayor Bergen indicated he had assigned Lynette Hallam to contact other cities and towns in Summit County concerning salaries. In additions, the mayor reported he has had conversations with the other Summit County mayors in the Council of Governments group. Following a request by a worker concerning having his salary evaluated comparative to other cities and towns, Mayor Bergen stated he had decided to look at all the Town employees' benefits. Mayor Bergen pointed out he had followed the procedures outlined in the Policies and Procedures handbook to bring this forward to the Council. The mayor recommended approval of the proposed ordinances.
Mayor Bergen noted that Ordinance #2008-04 was changing the Policies and Procedures to allow insurance to be provided for half time employees on a case by case basis.
John Keyes asked if all the employees are working at least half-time. The answer was that all the regular employees were. The seasonal employees, when and if hired, would not be covered by this provision.
Greg Averett pointed out that the insurance benefits offered to half-time employees would need to be recommended by the mayor and approved by the Council; it is not automatic.
The mayor opened the hearing for public comment
Kristi Major asked what the Policies and Procedures says now and what the changes would be. Attorney Kraig Powell read the old and new section #13B-1. Mr. Powell clarified that the old section said that benefits were given in proportion to hours worked. The proposed change would allow benefits for part-time employees working at least 50% of full time as recommended by the mayor and approved by the Council.
Tal Adair questioned what benefits are given and was told they included medical insurance, state retirement, holiday pay, vacation pay and sick leave. Mayor Bergen detailed the holidays given. Mr. Adair asked about rollover of vacation and accumulation of sick leave. The Town Clerk indicated that five days of vacation can be carried over by full time employees. Sick leave is cumulative and can be carried over each year. At retirement the employee can only be compensated for up to thirty days.
Kristi Major inquired how much of the medical insurance the Town pays and was informed the Town pays the full premium.
Kraig Powell clarified that the change states that the part-time employee may be eligible and that would be negotiated. Greg Averett said he just wanted to make it clear.
Tal Adair asked if the Town's health insurance was pooled; Clerk Hallam indicated Francis was pooled with other similar size municipalities.
Mayor Bergen closed the public hearing and turned the discussion back to the Council.
Lee Snelgrove opined that the decision would be easer if the Council had a copy of the current Policies and Procedures to study.
Greg Averett suggested that the matter be tabled until the new council members can get a copy of the Policies and Procedures manual.
Tim Butikofer inquired what was included with the package. Mrs. Hallam indicated it was medical insurance and dental insurance and life insurance.
Ordinance #2008-04 - Possible approval of an ordinance to amend certain pro-visions of the Francis Town personnel policies and procedures manual regarding employee leave and benefits
John Keyes motioned to accept Ordinance #2008-04 amending the Policies and Procedures. There was no forthcoming second to the motion and the motion died.
Lee Snelgrove made the motion to table the matter until next meeting allowing time for further study. Tim Butikofer seconded the motion. Mayor Bergen indicated the matter was tabled.
Public Hearing - Regarding setting cost of living and merit raise guidelines for CY 2008 (continued)
Mayor Bergen educated the Council and public concerning the three different types of wage adjustments that are dealt with, including Cost of Living, Merit and Selective Adjustment. The mayor went over what the proposed ordinance covered including a raise to $16.50 for the Town Clerk and the addition of medical insurance for the Treasurer.
John Keyes pointed out if this ordinance were passed the item dealing with the addition of medical insurance would have to be taken out until the other ordinance changing the Policies and Procedures was passed. Greg Averett felt this ordinance cannot pass until the other ordinance is passed and everyone understands what is involved.
Lee Snelgrove indicated where he was coming from concerning the proposal of a pay increase. Mr. Snelgrove indicated since last month a tremendous amount of information has been passed around via telephone and internet and individual conversations. Mr. Snelgrove had some specific things in looking at this; he was curious what specifically the Council is tied into when some of the complaints that are brought up are very specific directed to some individual. The Councilman indicated he had received e-mails from two people and about fifteen phone calls and he didn't know how many face-to-face conversations.
Greg Averett pointed out the mayor has discretion to decide the merit raises; the mayor is in the office with the employees, knows what is going on and is very qualified to make that decision. Mr. Averett opined that Section 4 of the ordinance, which authorizes the mayor to grant a merit raise, was right on; the mayor is the person who supervises these employees daily.
Lee Snelgrove conceded there is no question the mayor legally is directly responsible for the employees. Mr. Snelgrove contended to look at someone's wage and comparing it to other cities, some of these entities have a tremendous amount of income that comes in from commercial that Francis does not have. Mr. Snelgrove contended that realtors hate to come in the office because of how they are treated, how messy the office is and there is not even a place to do business. Mr. Snelgrove opined that Francis was at the bottom of their list of towns to do business with. Greg Averett commented that from the amount of development that is taking place in Francis, this was not the case. Mr. Snelgrove opined in his workplace if there was no place for a customer to come in to do business, they would stop coming. John Keyes asked if it was the employees' responsibility to have room when they are operating in as small a space as they are. Lynette Hallam contended that some of the complainants have not been in the office for months and have no idea of any improvements that have taken place that have improved organization in the office.
Mayor Bergen stated that the Policies and Procedures outlines that the mayor may recommend a selective salary adjustment. The mayor offered he was submitting his recommendation to the Town Council, and the funds are available to cover the raise.
Lee Snelgrove advised he was struggling with the wage adjustment that was on top of a 6% raise last year; the adjustment would equal about 8% and then another 3% merit raise. Mr. Snelgrove questioned how the Town could continue with that trend. Mayor Bergen answered that a selective salary adjustment is a one-time thing that the Policies and Procedures recommends should not happen any more frequently than every three years. Succeeding years would have the approved COLA and merit raises only.
Tim Butikofer inquired about employee job descriptions and what a merit raise is based on. Mayor Bergen detailed it was Luke Thomas's request that brought up the selective salary adjustment issue. The mayor reported he had interviewed Mr. Thomas and determined he is doing an exceptional job. In addition, the mayor had an interview with the Treasurer, and she is fulfilling her job duties in an excellent manner and is good in dealing with the public. The Treasurer will not get a COLA increase this year; the addition of medical insurance will be in lieu of such a raise. The mayor detailed that the Town Clerk was compared with other recorders; there is only one recorder in Kamas valley that has more time with the municipality. There are numerous assignments and demands placed on the Clerk. There have been no problems with the annual audit which shows the Clerk is doing her job.
Tim Butikofer said he had also had conversations and phone calls with townspeople. Mr. Butikofer reported he had asked the citizens if all the employees were doing their job would the raise be a problem to which they had replied it would not. Councilor Butikofer indicated he wanted to know what the merit raises were based on. Mayor Bergen stated this matter was brought to the Council last month, and it was their responsibility to do the necessary research.
John Keyes questioned if when these complaints are made, are these people aware of what goes on in the office and what criteria the office personnel has to work under. Councilor Keyes stated that Lynette Hallam has to take care of the public; and if she doesn't know the answer to a question, she will find it out. Mrs. Hallam has been to many classes and schools on the different issues that come up in her job. There are a lot of things that go on in that office. Mr. Keyes added that when he first came on the Council the Town had their office in the clerk's house. Documentation was scattered throughout the house. When the present clerk started there was $20,000 in drawers that hadn't been put in the bank. There are a lot of things going on that is not known by the general public. The Clerk has been to different trainings, she attends the Staff meetings; she helps the mayor, the engineer and all the Staff.
Mayor Bergen stated that there is no such thing as a part-time mayor; he spends 40-50 hours a week in fulfilling his responsibilities. The mayor added he could not do his job without the assistance and expertise of Lynette Hallam.
Mayor Bergen explained Ordinance #2008-05 and opened the public hearing.
Kristi Major detailed that a lot of the Council have received e-mails from her, and she indicated she had updated the analysis she put together and gave out copies of the update to the Council. Ms. Majors stressed that this was not an official benchmark study. Mayor Bergen pointed out that such studies are not required by the Town's statutes. Lynette Hallam offered Ms. Majors a copy of the analysis that were given to the Council before the last meeting indicating they had been available at the last meeting but no one had requested a copy. Ms. Majors indicated she already had a copy. Ms. Majors advised the Council that research is her background, and the information she has put together is considered homework. Ms. Majors added that she had the luxury of being able to spend a lot more time than others to feed information to the Council. Between this month and last month this is the homework that has been going on that has caused some of the questions the some council members have. Ms. Majors stated she found that the Operating Budget is the key factor in making these decisions, in comparing with other cities it is not apples to apples. The budgets span from $228,000 in Charleston up to up to past $5.5 million in Midway. The part-time Clerk in Charleston has been there for 23 years and is making $15 per hour. In Coalville there is a girl that has had an 80¢ increase in the two years she has been there; she covers both the planning and council meetings.
John Keyes asked how many employees are reflected in these budgets; the more employees there are the less responsibility each person has. Ms. Majors said that was a good question and should be part of the study.
Kristi Majors contended it is not about if anyone is worth it or what anyone is doing for their money. Ms. Majors stated, "We know that Mrs. Hallam is doing her job and doing what she does." What the Council needs to look at is has the right study been done. If a $2.00 raise is being looked at, you should not get paid more than a town that has $800,000 in their budget. Looking at budgets, positions, is it full time or part time, and a lot of other things need to be done. Ms. Majors' opinion was that selective adjustment is based on insufficient data. Mayor Bergen reviewed the criteria he used, as has been stated before; and the Policies and Procedures manual does not require a benchmark study and his criteria was sound. Kristi Majors said that was maybe something that needed to be looked at in the Policies and Procedures - is that sufficient. The mayor reiterated he is operating under the present statutes.
Town Clerk Lynette Hallam explained that the Policies and Procedures book was based on a template from the Utah Local Governments Trust and is a standard for the state. The statute is basically the same as the one Oakley and Kamas uses. Based on reports she had received from Oakley and Kamas, Mrs. Hallam alleged that when Ms. Majors had contacted other cities she represented herself as doing the study for Francis Town as an official, which Kristi Majors vehemently denied.
Rex Hallam commented that he thought the Town employees are doing a good job. Mr. Hallam opined that the e-mails that have been sent around by Ms. Majors are a bunch of trash in his opinion. There are two residents in Wild Willow that are sending these e-mails bad mouthing the Clerk, the Mayor and the Council. Mr. Hallam felt that the Council should not give credence to these e-mails.
Kit Burton countered that people can do whatever they want, and he would not let Mr. Hallam trash these good people who have legitimate gripes. Mr. Hallam reiterated that some of the e-mails should not be sent.
Rex. Hallam further confronted Mr. Burton about his unauthorized contact with Jordanelle Special Service District concerning Francis Town sewer issues, which Mr. Burton denied. Some further heated discussion took place.
Mayor Bergen closed the public hearing.
Tim Butikofer stated he didn't think it was meant for this matter to turn into a circus and asked if an executive session could be held. The Council would then be able to vote on the matter after some discussion.
Ordinance #2008-05 - Possible approval of an ordinance adjusting the compensation of certain Francis Town employees
Greg Averett motioned to table both ordinances until the next Town meeting. Tim Butikofer reiterated that he thought an executive session was necessary. Lee Snelgrove seconded the motion to table. Lee added that some issues need to be discussed without the public. John Keyes indicated he had no objection
Lee Snelgrove reported he had spoken with the attorney and that in a closed session names and specific items can be discussed. Mr. Snelgrove indicated he would like to address some issues more so than should be done in a public meeting.
Kraig Powell advised that the Council can make a motion to go into closed session and that personnel issues is one of the issues that can be discussed in a closed session.
It was determined that an executive session would be held at 6:00 PM on April 15th.
Action Item - Possible approval of the Amended Development Agreement for Last Frontier commercial development
Alison Weyher reported that in 2006 the Last Frontier Commercial Development received preliminary approvals for a commercial development and agreed to sign a Development Agreement. Since that time a land trade between the applicants and the South Summit School District has taken place necessitating re-zoning an additional strip of land Commercial. At the same time the Applicants have divided the property into three master lots and defined an east-west road alignment (Frontier Lane) across the property. Because of the pending construction of the new LDS Church Meetinghouse on the western portion of the School District property, and the need for an additional means of access to that site, the Last Frontier developers are being asked to dedicate the right of way for the Frontier Lane at this time. This item was reviewed at the February 2008 Town Council meeting where the Final Plat was approved, subject to completion of the re-Zone and the updated Development Agreement.
Addressing the background of the project, Ms. Weyher indicated the Applicant wishes to develop a commercial project with three lots and a road at this location. Once uses and leases of each lot are proposed, the Applicant will return for specific approvals on each lot as mandated by the Development Code including sections 7.3.3 Compliance with Zoning provisions, and 7.3.4, Development Design. Ms. Weyher reported that the Development Code for commercial development is different than it is for residential development. Applicants can come in with a master plan then as they finalize what buildings are going on which lots, they come back with the specific lots and the uses. A Development Agreement was required when the property was re-zoned in December 2006. The actions at this meeting will amend that Agreement and include the Final Plat approved at the February 2008 Town Council meeting.
Allison Weyher analyzed that approval of the three lot subdivision and road alignment is the appropriate next step in commercial development as outlined in Chapter 7.3 of the Francis Town Development Code. Before any development on any of the lots occurs, the Developer will be required to submit specific plans for that lot in keeping with the requirements of Chapter 7 of the Francis Town Development Code. No bonds will be required by Francis Town until development on one of the lots is proposed to begin and approved by the Town Council.
Dedication of the 60 foot right-of-way across the property at this time, according to Alison Weyher, will allow the construction of the "Access Road" required as part of the Conditional Use Permit approved last month between Francis Town and the LDS Church.
Specific items proposed in the Amended Development Agreement which the Town Council may wish to consider regarding the Access Road include the following outlined by Ms. Weyher
The sixty foot wide right-of-way will be dedicated to Francis Town within five business days of the Town Council's vote to approve the Amended Development Agreement or the Master Lot Plan Project Plat approval shall be void.
The Town agrees that all public access across the Developer's property to the School District property must take place within the 60 foot right-of-way.
The Town will cause Limits of Disturbance Barriers to be installed along the right-of-way boundary during construction of the access road.
The Town agrees to assume liability and indemnify the developer if wetlands are damaged during construction of the road.
The Town agrees, that because Frontier Lane is a public road, it will accept maintenance responsibility and liability for the road and right-of-way on the Last Frontier property.
Alison Weyher reported the Developer has requested that, when Frontier Lane is hard-surfaced, the road be constructed subject to the standards in place at the current time (March, 2008). Heretofore, in many instances, Francis Town has required that all roads be constructed subject to current Town standards. Ms. Weyher recommended the Town Council may wish to discuss this request with the Applicant. The Developer has requested that Frontier Lane be hard surfaced when development begins on Lot 2 or 3, and that development of Lot 1 will only require construction of the road for that parcel. Francis Town has typically required substantial completion of all infrastructure prior to issuance of any building permits. However, because this approval is for a master plat only, and each lot will require further plat approvals and may be subdivided or developed at different times, the project is functioning more as a phased development. The Town Council may wish to discuss if it is appropriate to allow the road be hard surfaced in phases.
When Frontier Lane is hard-surfaced across the development, the Developer will be required to reimburse the Town "in the amount of the actual economic savings realized by Developer from the installation of the gravel surface by the Town." The reimbursement amount has been left intentionally vague because at this point, no one knows when the road will be hard surfaced, what the costs of the road will be when it is constructed (including the gravel road), or how much financial benefit the gravel road will be to the Developer. When the permanent road is constructed, the Town will negotiate the reimbursement agreement with the Developer.
Ms. Weyher indicated the Town Council must find that the application meets all codes and ordinances including Chapter 6 of the Francis Town Development Code.
Alison Weyher recommended approval of the Amended Development Agreement for the Last Frontier Commercial Development.
Greg Averett asked Ace Allak if he felt comfortable with the agreement; Mr. Allak indicated he did. Mr. Averett suggested Scott Kettle vigorously oversee the road installation.
John Keyes expressed concerns about the alignment of the road in relation to the wetlands. Liability if the wetlands are disturbed was discussed. If the Contractor putting in the road does not go out of the 60-foot right of way, the wetlands will not be disturbed.
Alison Weyher showed a map detailing the alignment of the road across the School District property. Ms. Weyher showed a delineation of the wetlands that was done by the School District. As long as everyone follows the basin hydrology wetlands study, it will not encroach on the wetlands. Ms. Weyher showed a copy of preliminary final plat for the Church, which shows it is staying out of the wetlands.
Concerning building to March 2008 standards, Greg Averett asked if the Town anticipates the road standards changing within the next five years. Mayor Bergen explained one of the factors in the Applicant's request for this was a previous dealing with another city by the time of development the city required all utilities be put underground. By having this clause in their agreement, the Applicant saved a great deal of money; he is protecting his interests at this point. If the agreement is accepted as it is the standard that exists now will be what will be required at the time of development. Ace Allak indicated he will not be inflexible in the future. Scott Kettle expressed his feeling that the Town is tying their own hands; it is a two-way street.
John Keyes talked about the design of the road that would make it easier for Mr. Allak to put in the permanent road. In reply to a question from Greg Averett, Scott Kettle stated a cul-de-sac will not have to be put in when Last Frontier hard surfaces a portion of their road because it will continue on to the dirt road. John Keyes opined if the road is done in phases, there will need to be a cul-de-sac or turnaround at the end of the pavement. Scott Kettle felt that could be worked out.
Greg Averett felt comfortable with the agreement with the things that had been discussed. Mr. Averett felt this is the first agreement in which the Town has not had upper hand.
Kraig Powell indicated he had made a couple of minor changes in the Development Agreement of which the Council had a copy. Mr. Powell also handed out copies of the original agreement with Bruce Dickamore which is being amended and an updated copy of the ordinance.
Lee Snelgrove asked if the item concerning surfacing the road in phases was a decision for this Council or a future Council. Mr. Snelgrove was advised that was a decision this Council would need to make now. Mr. Snelgrove questioned who maintains the road from the oiled portion to the dirt. Scott Kettle advised that the Town will maintain the entire road forever. Mayor Bergen added the agreement with the Church says that when the road is turned over to the Town, after bringing it up to the Town standard, the Town will maintain it.
Lee Snelgrove asked if the Applicant develops the back lot first does he have to do the complete road. Kraig Powell referred to paragraph #3 of the agreement which says that if development on any of the lots takes place, the entire road in the development will have to be hard surfaced. An additional comment which the Applicant requested states, "unless otherwise specifically approved by the Town Council." That phrase gives the Council flexibility.
Scott Kettle asked if the Development Agreement runs with the property. Kraig Powell indicated he will discuss that as the Council goes through it.
Kraig Powell outlined the initial Development Agreement was approved when Bruce Dickamore came to the Town. The initial agreement has not been signed and executed; it will need to be signed and executed at this time. A certain portion of the property was rezoned with the initial agreement. With this first amendment of the initial development agreement the council is approving a plat only in the sense as it divides up lots. Mr. Powell read through the agreement.
After Paragraph #2 of the agreement, Mr. Powell said the purpose is it will not take effect until the plat is recorded. The Current plat is only to sub-divide the property into three lots. The Applicant has agreed to deed the road within five days; however, he does not necessarily have to record the plat right now. In the rezone ordinance, Mr. Powell indicated he added a sentence that it will not take effect until the development agreement is signed and the deed to the road has been recorded.
In Paragraph #3, Counselor Powell stated it apparently needs to be changed to state the road is subject to March 2008 standards. Mr. Powell noted that he had put in the contract that once the right-of-way for the road is dedicated to the Town, the Town and its agents and assigns will have and assume liability for any damage caused to the developer's property including disturbance of wetlands. Mr. Powell said he specifically included that Town and its agents and assigns will be liable so that the contractor working on the property will be responsible for any damage.
Kraig Powell pointed out in answer to an earlier question from Scott Kettle that the Development Agreement will not be recorded, because there is not a plat being recorded. Mr. Powell further stated it will still be a legal binding agreement if it is signed. If the property is sold, this agreement will be applicable to the buyers even though it has not been recorded.
Scott Kettle questioned how the property for the road right of way is being given to the Town. Kraig Powell answered it is being deeded to the Town, and it will have to be recorded within five days.
Lee Snelgrove asked if the ten feet off the cemetery is included in the 60-foot right-of-way. Alison Weyher replied the 60-foot right-of-way the Council approved will border the cemetery. Scott Kettle said the 10-foot buffer will have to include utilities; with the proposed alignment, it will not allow a buffer because it will be in the right-of-way.
Lee Snelgrove motioned to approve the first amendment to the Development Agreement for Last Frontier with the changes as discussed. John Keyes seconded the motion. The motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Public Hearing - Zone Change request for approximately one acre of land located at approximately 1550 South SR32 from Public Facilities (PF) to Commercial (C1)
Alison Weyher reported the Applicant wishes to develop a commercial project with three lots at this location. Once uses and leases are established, the Applicant will return for specific approvals on each lot. This application is to approve rezoning the portion of the property included in the land trade with South Summit School District.
Ms. Weyher analyzed the issues beginning with the wetlands. Ms. Weyher reported a wetlands delineation was completed in July 2006. A subsequent delineation on the portion of the property received in the land trade with the South Summit School District was completed in December 2007. There are three areas of delineated wetlands in the development. The first, .35 of an acre on Lot 3, resulted in the revised road alignment approved by the Town Council last month. The second area abuts the jurisdictional irrigation ditch. The third area (.15 acre) is located in the additional section received in the land trade, adjacent to Gary Moon's foundry. Prior to developing each lot, the applicant will be required to receive approval from the Army Corps of Engineers for specific remediation or avoidance measures.
Alison Weyher advised that completing the land trade with the South Summit School District has resulted in a more rectangular-shaped development and allows for potentially better access and land use. In addition, it keeps the commercial development further away from the abutting residential uses to the southwest.
A condition of the Planning Commission approval, according to Ms. Weyher, was that the cemetery property be separated from the road right-of-way by a ten-foot wide landscaped buffer. The Applicant and Staff believe that this buffer can be provided within the sixty-foot right-of-way.
Alison Weyher added the Planning Commission and Town Council have previously approved a Development Agreement for this project, which vests the zoning on the original development parcel. It is similar to the agreement for the Wild Willow Commercial Development, which vests the owner in terms of his ability to construct a commercial development at that location, with the road in a predetermined alignment. The previously approved amendment to the Development Agreement on this property finalizes the road location and its dedication as a public right-of-way. The Developer will still be required to submit specific plans for each of the three lots prior to any further approvals as well as a master plan, internal circulation plan and wetlands mitigation. The proposed rezone action will rezone the entire parcel and will be incorporated in the revised development agreement.
Ms. Weyher recommended approval of the rezone of the balance of the Last Frontier Development Parcel to C-1 (Commercial) zoning subject to approval and signing of the amended Development Agreement.
Mayor Bergen opened the public hearing.
Christopher Burton asked if the zoning issue is affected by the property being up for sale and if that has any impact on zoning. Mr. Burton asked how the Town could lock a potential purchaser into the commercial zoning. Kraig Powell answered that certainly a zoning decision is discretionary on the Council's part; legally it has no impact. Regarding the Town's ability to tie a purchaser to this agreement if the property sells, Mr. Powell advised he considered this to be a parcel of land that is going to be subject to a particular development approval and a zoning decision. Even though the plat and Development Agreement are not recorded, they are still legal and binding. If anyone comes in to do anything with the property, they will have to ask the Town what the standards and requirements are. The fact the plat is not recorded may make it less likely to be found at the County Recorder's office; but it is still binding.
Attorney Powell outlined that most of the property was rezoned commercial with Bruce Dickamore. The parcel has been reconfigured to fit a new project plan. Ace Allak detailed the property trade with the School District. Mr. Allak added the property listing is as it is because they have to market the whole property and cannot list as three lots because it has not been recorded as that yet; legally it has to be listed that way. Kit Burton asked if the listing includes property that is up for rezone at this meeting. Ace Allak replied it does, but it does not include the road in the 7+ acres.
Tal Adair questioned if the agreement on reimbursement on the road would be binding to a prospective buyer. Kraig Powell answered that the Council is the land use authority; if a purchaser wants to build something on the property, this is a binding agreement to anyone. Mr. Adair contended it is a lot of money the Town is putting out. Kraig Powell pointed out that the Town is getting a deed to a lot of land the Town is going to put a road across. Greg Averett opined that the Town was covered by what is being done. Mr. Adair also felt due respect needs to be paid to the people in cemetery with a fence or a landscaped barrier, which were required in the beginning.
The mayor closed the public hearing.
Lee Snelgrove asked for clarification if the road is deeded in five days and in two weeks the property sells, the Town still has a great deal of flexibility. Mr. Powell opined whether the property sells or not the Town has the same amount of authority dealing with any proposals on this property. Ace Allak added that any buyer will not do anything until a concept plan is approved.
Ordinance #2008-06- Possible approval of an Ordinance to rezone approximately one acre at approximately 1550 South SR32 from PF to C1
John Keyes made the motion to approve Ordinance #2008-06 to rezone approximately one acre at approximately 1550 South SR32 from PF to C-1. Lee Snelgrove seconded the motion. Motion passed. Roll call vote:
Greg Averett aye
Tim Butikofer aye
John Keyes aye
Lee Snelgrove aye
Mayor Bergen aye
Planning Commission Vacancy - Possible approval of an individual to fill the vacancy on the Planning Commission
Mayor Bergen informed the Council that the person who showed interest in filling the vacancy on the Planning Commission had withdrawn his application. It was decided a letter will be sent to the residents soliciting letters of interest.
Department Reports
Lee Snelgrove asked Greg Averett about the fire hydrants on Willow Way. Greg Averett agreed the hydrants need to have the snow cleaned out and indicated Luke Thomas is working on getting them done.
Lee Snelgrove informed the Council he had been approached by the Lions Club regarding a Trees of Utah grant for trees in the park. The group will be planting trees on May 10. A drip line for irrigation will also be put in. There will be nine or more trees planted. Mayor Bergen suggested that the space for parking during Frontier Days not be unduly encroached upon.
Greg Averett reported the day he left for the Rural Water conference Probst Electric was fixing some electrical problems in the office trailer, and they said the Town needs to look at fixing the wiring in the trailer. Mr. Averett said there is a real fire danger in the office and something needs to be done.
John Keyes presented a copy of a bid for a building for storing the trucks, backhoe and other equipment. Mr. Keyes suggested putting it on the south side of the bleachers. Mayor Bergen opined it needs to big enough to store all the equipment and the salt and have room if more equipment needs to be purchased. Councilor Keyes asked the Council to come up with what they want, and the bidder will come up with a price. Mr. Keyes said he got a bid from the Kamas Valley Co-op which was more; Greg Averett stated that price included erection. Mr. Keyes said the Town may want to go with the bigger building. Mr. Keyes stated concrete is now selling at $122 a yard; the bigger the building, the more concrete. It was suggested that we also get a bid for erection and cement work. There was discussion concerning the number of doors and a concrete bin for salt. The mayor asked that the Town do it right the first time. Greg Averett suggested they come up with the cost for the different options, and the Council will look at it. Lee Snelgrove opined that the south end of the arena would require more snow removal to access it. Mayor Bergen brought up the possibility of putting it off the road coming in from SR35. Mr. Snelgrove suggested putting it by the concession stand and eliminate the shed that is there. John Keyes said the building first discussed will meet the snow load requirement; the building from the Kamas Valley Co-op would require some retrofitting.
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 9:35 PM.
These minutes were approved at the April 15, 2008 Council meeting