CC Minutes 4/17/13

Payson City Council Minutes April 17, 2013

 

April 17, 2013

Minutes of the Payson City Council Meeting held Wednesday, April 17, 2013 at 6:00 p.m. p. 1 
 
Mayor Rick Moore presiding. 
Attending: Mayor Rick Moore, Councilmembers: JoLynn Ford, Kim Hancock, Michael Hardy, Scott Phillips, and 
Larry Skinner; City Manager David Tuckett, City Attorney Mark Sorenson, and Deputy Recorder Pam Knight. 
Mayor Moore called the meeting to order at 6:00 p.m. 
PRAYER & PLEDGE OF ALLEGIANCE 
The prayer was offered by Councilman Skinner and Councilman Hancock led the Pledge of Allegiance. 
 
CONSENT AGENDA 
MOTION by Councilman Hardy to approve the Consent Agenda consisting of the March 20, 2013 City Council 
Minutes and the April 3, 2013 City Council Minutes. Motion seconded by Councilman Skinner. Motion carried. 
PUBLIC FORUM 
There were no comments. 
COUNCIL AND STAFF REPORTS 
Street Superintendent Kent Fowden reported that the 930 west reconstruction project began today and the residents 
have been notified. 
Councilman Skinner asked if the LDS Church would be helping financially with this project and City Manager 
Tuckett said their representative has indicated there are no available funds. 
Kim Lefler of Communities That Care reported that a recent town hall meeting was well supported and there will be 
another meeting held on May 16th which will focus on preventing underage drinking and DUI. She also noted that a 
drug take back event will be held on April 27th at Payson Market. 
City Engineer Glade Robbins reported that we are at 35% snowpack in the canyon and there is very little spring 
runoff, which is currently being diverted to Old Field. Both of the pressurized irrigation ponds are filled, however 
we will wait for Highline to come online before energizing the system; otherwise there will not be enough water 
available. We are still planning to start the pressurized system by the end of April or first of May. 
Councilman Hancock thanked City Planner Jill Spencer and City Manager Tuckett for organizing the tour of the 
temple project. He is excited for the impact this will have on the community. 
Mayor Moore said it was announced today that Google fiber is coming to Provo. He also reported that city 
employees participated in the Great Shake Out earthquake scenario today. 
PRESENTATION OF SCOUT ATTENDANCE CERTIFICATES 
Councilman Phillips presented a Certificate of Attendance to scouts Cole Hunter and Kenner Garrick. 
RECOGNITION OF KAYCEE FEILD 
Mayor Moore recognized Payson native Kaycee Feild for his achievements in the Professional Rodeo Cowboys 
Association (PRCA). He is currently the PRCA world champion bareback rider, as well as the 2011 bareback world 
champion, and the winner in numerous other rodeo events, including National Collegiate Champion. Minutes of the Payson City Council
 
Meeting held Wednesday, April 17, 2013 at 6:00 p.m. p.2 
 
In addition to his success in the rodeo arena, Kaycee has donated countless hours as part of the Armed Forces 
Entertainment Wrangler National Patriot Tour. He has shown great respect for those who serve our country. His 
father, Lewis Feild, who is a five time world rodeo champion, hopes to join the tour this year. 
In 2010, Kaycee was named the Wrangler Pro Rodeo Cowboy Ambassador for the Patriot program. One of the 
purposes of the Patriot program is to raise funds and awareness for our fallen and wounded armed forces members. 
Over $500,000 has been raised through this program. 
Kaycee is the son of Lewis and Veronica Feild. He is married to Stefanie Calentine and their daughter Chaimberlyn 
Dawn was born on April 2, 2013. 
Mayor Moore presented Kaycee with a plaque and said he is excited about the bronze sculpture honoring Payson 
area rodeo champions that will soon be placed at the Peteetneet Museum. 
CITY WATER USE IN UNINCORPORATED AREA 
City Manager Tuckett reported that Mark Brian is requesting to connect to the city water line for fire protection at 
the Seven Peak Dairy. 
Mr. Brian desires to connect to the 8 inch city water line located on the south side of State Road 198 for fire 
protection use. Mr. Brian has applied with Utah County to allow him to conduct livestock auctions that will be held 
weekly at 2232 SR 198 (Seven Peaks Diary owned by Tony Milinaric). 
The Utah County Fire Marshal is requiring him to meet fire flow for a 10,500 square foot building. This building 
would be constructed of metal framing and fabric type covering. Since this is a A-4 occupancy it brings a lot of fire 
and life safety requirements. The connection would be used for fire suppression purposes only. 
Manager Tuckett said he would check the agreement with Wignall’s regarding cost reimbursement for connecting to 
the line. 
Councilman Phillips asked if more hydrants are required and Mr. Brian said there is a hydrant within the 500’ 
requirement. 
MOTION by Councilman Phillips to approve the request by Mark Brian to connect to the city water line for fire 
protection at the Seven Peak Dairy located at 2232 SR 198; that stipulations by the Fire Marshal be adhered to, and 
that Mr. Brian pay any reimbursement costs according to the agreement with Wignall’s. Motion seconded by 
Councilman Hancock. Motion carried. 
PRESENTATION – CANYON RESERVOIR FEASIBILITY STUDY 
Engineer Robbins introduced Ryan Jolley of Jones and DeMille Engineering, Inc. who presented the Payson 
Reservoir Feasibility Study. He also noted that Dave Marble from Utah Dam Safety is in attendance as well. 
Details: 
 Located approximately1.5 miles from the mouth of Payson Canyon 
 Capacity of approximately 8,600 acre feet 
 175’ tall dam 
Councilman Skinner asked for a comparison to other Utah dams and Utah Dam Safety representative Dave Marble 
said Smith Morehouse is comparable. The Payson Reservoir would have about ½ the surface area of Mona 
Reservoir, but would be much deeper. Mr. Marble later added that Huntington Reservoir is about 5,000 acre feet of 
storage and the dam is 80 feet tall; the Electric Lake dam is 125 feet tall, Deer Creek dam is approximately 200 feet 
tall, and Jordanelle dam is 300 feet tall. 
Impacted entities:
 
Minutes of the Payson City Council Meeting held Wednesday, April 17, 2013 at 6:00 p.m. p.3
 
 Irrigation 
 Hydroelectric 
 Private Property 
 Recreation & Economic 
 Public Utilities 
Constructability: 
The subsurface materials at the dam site and reservoir site have been identified as surficial soil deposits and 
limestone bedrock materials. These materials are suitable foundation materials for dam construction, but may 
require significant preparation to ensure that leakage and piping through and around the dam do not occur. 
Permitting: 
 State of Utah Stream Alteration Permit 
 US Army Corps of Engineers Individual Permit 
 Dam Safety Construction Permit 
Approvals: 
 Storage water right for the existing Peteetneet Creek Water Right owned by Payson City 
 Environment Assessment or potentially an Environmental Impact Statement as required by the Army Corps 
of Engineers 
Councilwoman Ford asked who might oppose the project and Mr. Jolley said the Utah Lake entities would most 
likely be in opposition since the flow to Utah Lake would be impacted. 
 
Project Costs: 
Dam Type Construction Cost 
Roller Compacted Concrete $78,765,000 
Earthen Embankment $45,805,000 
Concrete Face Rockfill $37,045,000 
Councilman Hardy clarified that the costs include permitting costs. 
Councilman Skinner wondered why the most expensive option would be considered if all three options are adequate. 
Mr. Jolley said depending upon bedrock depth, there is a question of additional costs with the concrete face rockfill. 
All three types are very viable and the roller compacted concrete cost may be less than estimated. Mr. Jolley felt that 
all three options should be kept on the table until the variables are determined. 
Mr. Marble noted that many dams in Utah are well over 100 years old and still very safe; there might be 
rehabilitation costs over time, but they are functional for many years. 
Project Approach: 
 Peteetneet Creek Water Right Change Application 
 Coordination Meeting with Impacted Entities 
 Preliminary Design – Geotechnical Investigation 
 Property Acquisition Process 
 US Army Corps of Engineers Individual Permit 
 Stream Alteration Permit 
 Geotechnical Investigation 
 Dam Safety Review 
 Final Design Parameters and Final Cross Section Review 
 Final Design of Dam and Reservoir, Plans
 
Minutes of the Payson City Council Meeting held Wednesday, April 17, 2013 at 6:00 p.m. p.4
 
Councilman Hancock felt there is no use going after permits until viability is proven. Mr. Jolley said the water right 
change application would be a huge hurdle and the US Army Corps of Engineers would not look at the project until 
that occurred. 
Mr. Marble noted this is a costly proposal and a major project; it is challenging to know what to do first. He 
suggested doing a preliminary geotechnical evaluation to begin to answer the questions of feasibility; a limited 
investigation prior to the permitting process to see if the project should be pursued. 
Councilman Hancock clarified that the higher the dam, the more hydroelectric capability. 
Councilman Skinner asked if property owners have been contacted and if they are open to working with us. Mr. 
Jolley said the utilities entities have been contacted, but not property owners. 
Councilman Skinner asked if, assuming everything went smoothly, what would the timeframe be for completion of 
the project and Mr. Jolley said approximately five years from start to finish. Mr. Marble added that from a technical 
standpoint the actual construction would be a couple of years, but it would take at least a year for the permitting 
process plus legal challenges, etc. He said there are unique challenges with on-stream building and it can be a 
lengthy process with environmental groups. 
Mr. Jolley noted that because for much of the year the stream is dry and therefore no fish would be impacted, there 
would not be the issues of dealing with a river. 
PUBLIC HEARING – OVERLAY ZONE REQUEST, PAXTON 
MOTION by Councilwoman Ford to open the Public Hearing regarding a request by Troy Paxton for the approval 
for use of the RMO-1, Residential Multi-Family Overlay Zone. Motion seconded by Councilman Phillips. Motion 
carried. 
The Public Hearing opened at 7:01 p.m. 
Planner Jill Spencer explained that the applicant, Troy Paxton, is requesting approval from the City Council for use 
of the RMO-1, Residential Multi-Family Overlay Zone to construct a duplex on a vacant parcel located on the 
southeast corner of the intersection of 400 South 300 East in the R-1-9, Residential Zone. Up until last year, a single 
family dwelling existed on the site. The owner of the property (Greenhalgh) obtained a permit to demolish the 
existing single family dwelling and is now interested in selling the property. The applicant intends to purchase the 
property if the overlay zone request is approved. 
The applicant owns a duplex located at 436 East 300 South in Payson and is proposing to use the same building 
design and similar exterior materials for the new duplex. The applicant intends to maintain ownership of the duplex 
to ensure the site is properly maintained and the occupants of the units are a positive influence to the neighborhood. 
The parcel is located in the R-1-9, Residential Zone. This zone was established as an area with primarily single 
family dwellings located on lots with at least nine thousand (9,000) square feet and a minimum of ninety (90) feet of 
frontage. The Zoning Ordinance allows the construction of multi-family structures within various residential zoning 
districts. A duplex or twin home structure is allowed in the R-1-9, Residential Zone, provided the regulations of the 
ordinance are satisfied and the City Council grants approval for use of the overlay zone. Approval of an overlay 
zone is a legislative decision and the City Council is not obligated to approve the request. 
On March 27, 2013, the Planning Commission, following a public hearing, recommended approval of the request 
contingent upon the satisfaction of staff conditions. The motion was based on the findings the proposed duplex will 
benefit the area, provide additional high quality rental units in the city, and the proposed improvements to the site 
(infrastructure, landscaping, building materials) will improve the neighborhood. 
Considerations 
 Compatibility with surrounding uses
 
Minutes of the Payson City Council Meeting held Wednesday, April 17, 2013 at 6:00 p.m. p.5 
 
 Benefit to the neighborhood and community 
 Balance the number of multi-family units in the area 
 Should not be used to avoid the regulation of the zoning ordinance 
 Legislative decision by the city council 
Applicant’s Proposal 
 One duplex structure (two units) 
 Full brick exterior 
 Two off-street parking spaces for each unit 
 Earth tone colors 
 Fully landscaped yards 
Proposed Conditions of Approval 
 Review and approval of building design compatibility 
 Title report; easements and right-of-ways 
 Off-street parking 
Landscaping Plan 
 Location, types and sizes of materials 
 Underground sprinkling system 
 Entire yard must be landscaped 
Timing of Completion 
 Preparation of construction drawings for required infrastructure (water, sewer, irrigation, power) 
 Coordination with private utility providers 
 Public utility easements 
 Transfer of water, performance guarantee, preconstruction meeting 
Councilmembers Hardy and Ford noted there are existing multi-family units in the area. 
Councilman Skinner asked if any other responses had been received other than the two opposing responses included 
in the council packet. Planner Spencer said the only other comment was just a desire to ensure this is not an 8-plex. 
The applicant, Troy Paxton, felt that with both a single family and multi-family dwelling it is important that the 
property is maintained and he assured the council that he has good renters. 
Councilman Hancock said the council has an obligation to do as much as possible to benefit the City. He likes the all 
brick construction, but would like to see garages rather than carports. 
Mr. Paxton said one concern is the shortage of rental units in the City and due to the cost of the tie-ins for this large 
lot, carports rather garages would help keep the cost down to make it affordable for the renters. He said it would cost 
an additional $6000 - $8000 for garages. 
Councilman Hancock noted there is definitely a benefit to having the curb, gutter, and sidewalk. 
Jack Robinson owns a residence in the middle of the block north of the proposed duplex. He said he is concerned 
about a gradual change in integrity in the neighborhood. He appreciates the applicants’ improvement of the area, but 
hopes that the council is very cautious about maintaining the integrity of the residential area. 
Receiving no further input, MOTION by Councilman Hancock to close the Public Hearing. Motion seconded by 
Councilman Phillips. Motion carried. 
The Public Hearing was closed at 7:21 p.m.
 
Minutes of the Payson City Council Meeting held Wednesday, April 17, 2013 at 6:00 p.m. p.6 
 
Councilman Skinner agreed that the council has an obligation to maintain the integrity of the neighborhood and he 
would favor garages if that is an option. 
 
Councilwoman Ford said she loves the older part of town and often older homes turn into rentals as the 
neighborhood ages. She said in her neighborhood over 50% of the homes are rentals even though they are single 
family dwellings. 
Planner Spencer noted there are two issues: is the use appropriate and is the structure compatible. 
Both Councilman Hardy and Councilwoman Ford said they would also like to see a garage, but they are not 
necessarily opposed to carports. 
It was noted that Mr. Paxton ensures that his existing properties are well maintained. 
MOTION by Councilman Hancock for the approval for use of the RMO-1, Multi-Family Overlay Zone allowing the 
construction of a duplex in the R-1-9, Residential Zone with the condition that the applicant replace the carports 
with garages and at the applicants discretion as to how the garages are incorporated into the design of the duplex and 
also that staff conditions are met. Motion seconded by Councilman Hardy. 
Councilman Skinner said he is concerned that the garages may be cost prohibitive. 
Councilman Hardy rescinded his second to the motion. 
Councilwoman Ford wondered if due to the slope there might be a problem to neighboring properties with the 
installation of curb and gutter. Superintendent Fowden said this is generally an issue in the older part of town, but it 
is required. 
Councilman Phillips said he would like to see a more updated design with gables or pop outs; something less boxy 
looking. 
MOTION by Councilman Hancock for the approval for use of the RMO-1, Multi-Family Overlay Zone allowing the 
construction of a duplex in the R-1-9, Residential Zone with the condition that the applicant replace the carports 
with garages and at the applicants discretion as to how the garages are incorporated into the design of the duplex and 
also that staff conditions are met. Motion seconded by Councilman Phillips. Motion carried. 
ORDINANCES & RESOLUTIONS 
RESOLUTION – ARBOR DAY 
City Manager Tuckett said Payson City and Spring Lake Elementary 5th graders are going to celebrate Arbor Day at 
a city park located near Spring Lake Elementary. It is requested that the City Council approve the Proclamation 
declaring April 29, 2013 as Arbor Day 2013. 
MOTION by Councilman Hardy to authorize Mayor Moore to sign the Proclamation declaring April 29th as Arbor 
Day 2013. Motion seconded by Councilman Phillips. Motion carried. 
AMENDMENT TO DEVELOPMENT AGREEMENT – HIDDEN GROVE ESTATES 
Planner Spencer explained that the developers of the Hidden Grove Estates development are requesting approval of 
an amendment to the Development Agreement. As currently adopted, the developers are limited to construct the 
dwellings included in Attachment B of the Development Agreement. These dwellings are copyrighted by Great 
Western Homes, Inc. and are not available to the new developers. Therefore, an amendment is necessary to include 
the elevations offered by the new developer. Amendments to the written text of the agreement are not anticipated. 
The developers are requesting approval to construct single family dwellings on Lots 9 and 12 in the development. 
The dwellings must be consistent with Section 14 – Design Considerations, Attachment B, and Addendum #3 of the 
Development Agreement. Any requirements of the project CC&R’s must be enforced by the Homeowner’s
 
Minutes of the Payson City Council Meeting held Wednesday, April 17, 2013 at 6:00 p.m. p.7
 
Association. 
In the recent months, the City Council has considered other amendments to the development. Issues such as building 
lots, dedication of park area, and fencing requirements will be addressed at a future meeting. The developers are 
only requesting a review of the building elevations for Lots 9 and 12 at this time. 
Neighbors have been notified and are very involved in the process moving forward with the development. 
Developer Dean Ingram distributed design pictures to the council and explained the details: timber, shakes, etc. He 
is excited to move forward and revitalize the project. The proposed design will fit within the existing footprint. 
There was discussion about the composition and maintenance of the shakes and Mr. Ingram said there is basically no 
maintenance needed for hardi-board or LP material. Planner Spencer noted that LP material would need to be 
approved. 
The square footage of the living area is in the 3300 – 3400 sq. ft. range. 
Councilman Hancock confirmed that the proposal is only for two lots, not the entire development. 
MOTION by Councilman Phillips to approve an amendment to the Hidden Grove Estates Development Agreement 
with proposed elevations and allow a text change for LP material to be used for accents. Motion seconded by 
Councilwoman Ford. Motion carried. 
PARKING ISSUE – 900 EAST 10 SOUTH 
City Manager Tuckett explained that the owner of Broken Spoke would like the council to consider some type of 
parking regulations on the street located on 900 East between 100 North and Utah Avenue. There is a problem with 
delivery trucks accessing the business. 
Councilman Hardy said part of the issue for him is that the City approved the design and at some point we may need 
a parking ordinance to accommodate deliveries. He realizes this is difficult to enforce, but it also difficult for some 
businesses. He would like the planning commission and staff to look at a resolution. 
Councilman Hancock said signage would give us the opportunity to enforce, but Mayor Moore felt that we don’t 
have the manpower to enforce. 
 
Stacy Reed has owned Broken Spoke for seven years. She said there has not been a problem until last July when 
employees of the neighboring clinic started parking on the street, which hinders large delivery trucks from getting to 
the loading dock. 
Councilwoman Ford said she is okay with the planning commission looking into an option. 
Mayor Moore and Councilman Phillips offered to speak to the folks at the clinic and it was the consensus of the 
council for staff to look at an option for an ordinance. 
CLOSED SESSION TO DISCUSS LAND ACQUISITION 
MOTION by Councilman Skinner to adjourn to Closed Session to discuss land acquisition. Motion seconded by 
Councilman Phillips. Motion carried. 
The Council adjourned to Closed Session at 8:14 p.m. 
RECONVENE & ADJOURN 
The Council reconvened and adjourned at 8:30 p.m. 

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