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On our front page this week


  • Public hearing in Levan about ATV trail and building setbacks


By Sandra Mangelson
Times-News Correspondent

Council member Craig Worwood gave an overview of the proposed ATV trail in Levan. He said that there were a lot of kids riding ATV's and they had come up with an ATV trail to route them out of town. The route would be along 2nd West, Canyon Lane (1st South), and 5th East. Also designated would be a route from 1st South to the rear of the store, so riders could get gas and goodies.

A question was asked if that meant the riders could go from their house to one of these routes. Mayor Robinson explained that they must be in route from their house to the ATV route.

ATV route signs and 15 MPH speed limit signs will be posted along the route. Anyone under 18 will be required to wear a helmet. The route would be to the side of the road.

Bob Shepherd asked if he had to follow that route to get to his farm. Mayor Robinson stated that Shepherd was under a different stipulation, "because he was farm travel and he could travel anywhere to and from his farm from his residence."

Sheriff David Carter was on the legislative committee and it was decided they had to have a farm sticker on their ATV and be in route to their farm, riding on the side of the road where possible.

Council member Worwood said the main purpose of this route was to get the kids who "buzz around town all the time outside of town to ride."

Mayor Robinson asked for comments concerning the route. The comment was made that in town meetings since April there have been concerns raised about traffic problems on 2nd West, the Canyon lane, and 5th East. Is that the best route to turn eight year old kids loose on a four wheeler?

The concern was raised about enforcement. Who was going to enforce the 15 MPH speed limit? Calls had been made to other communities in the area and most communities who had ATV routes also had their own police departments, with the exception of Oak City and their law enforcement came from the Millard County Sheriffs Department. In Nephi, the ATV route turns out to be kids riding daddy's ATV to ball practice.

Council member Worwood said that is what Levan had now. Kids have always been on motorcycles, ATV's in Levan. This is a farming community and we want to establish something to filter the kids out of town so they know we are watching. "We can't shut them down."

Mayor Robinson said that since last month's meeting, he had reports that kids on ATV's had considerably slowed down. Sheriff Carter said that after the report came out in the paper, his deputies had sat on 2nd West eight days in a row for one hour and there was only one day when there were ATV's on that road. Deputies have also been watching trucks traveling on the canyon lane and there hasn't been a problem.

Bob Shepherd stated that he has young kids moving sprinklers for him and he doesn't want them to have to go all around town to get from one field to the other. Mayor Robinson said this would not force him on to a route.

It was suggested that Levan not have an ATV route. Catina Nichols agreed with that and said that because of the publicity and the increased parental concern that as a community we were taking care of the problem.

Mayor Robinson said that it is a law that you cannot ride an ATV on any road unless it is designated as an ATV route. "So you're saying we pretty much have to have an ATV route," said Nichols.

Jason Worwood stated that it was his understanding "that reason you guys tried to establish this ATV route is because you had certain few citizens at council meeting complaining about the kids around town. Certainly the majority of the people haven't been here, but just a certain few and you have tried to smooth things over to try and make it work with them. It was my understanding that you put this ATV route together to try and get these few people to back off a little bit."

Mayor Robinson summarized by saying that three or four people had voiced opinions that the ATV route would not be beneficial.

Sheriff Carter spoke in favor of an ATV route. He said it would be a legal route, a posted speed limit, the deputies could cite people if they are driving too fast on the route, it would provide a legal route to the store. It would be a lot easier to enforce.

Carter stated, "90% of the people aren't the problem and 90% of the kids aren't the problem. The ones that are get several people in an uproar. We could shut it completely down and write a ticket to everybody that is riding a four wheeler and then we are dirty sons of guns to everybody that's got a four wheeler. Or we could let everybody go, then we are dirty sons of guns to ones that don't want them on the road.

"I'm getting tired of every month getting wapped in the paper about this enforcement. In the first place, Levan don't have a problem. Compared to any place else in the county or any place else in the state, Levan isn't a problem. We have a few traffic problems just like anyone else. They're always talking about it in this meeting. I checked the logs at the Sheriff's office, not one of the people who have complained in this meeting about the ATV's, I checked every log, and I couldn't find one complaint. I checked with every dispatcher. Not one of the people who complained in this meeting have called the Sheriff's office to complain. They just like to come to this meeting and complain.

"What I'm saying is, do it one way or another. We just don't want to leave it open so that somebody's always got a reason to complain."

Jason Worwood stated that he was in favor of the route if it will satisfy those who come here every month and complain about the kids, and that it's not legal.

Mayor Robinson also spoke in favor of the route.

Some voiced concerns that riding off the road will tear up the grass and lawns that go up to the roadway.

•The next topic for the public hearing was building setbacks. Council member Rod Wankier stated that Levan's setback rules are confusing. Now it is 30 feet for houses and 20 feet for garages. The Planning and Zoning Committee would like to have one footage for all buildings. The Committee leans towards 30 feet to get things back further from the street.

If you think the ordinances are confusing, the discussion that followed was lengthy and even more confusing. Levan has three different widths of roads. It was suggested to have the setback from the center of the road or center of the right-of-way.

The corner setback would remain the same. It is now 45 feet in two directions and draw a diagonal line. Nothing can be built or planted in that triangular area that is over three feet tall.

Mayor Robinson suggested to have all setbacks at 70 feet from center of right-of-way. If that is the case, then Mayor Robinson would be able to build a wrap around porch on his house.

Golden Mangelson stated that all the old streets in Levan were surveyed at 99 feet, including 5th East. First West was surveyed at 130 feet. The streets have been encroached upon so bad that you can't tell where the roads should be.

The suggestion from the public hearing will be sent back to the Planning and Zoning Committee. Mayor Robinson stated the suggestion was, "from the center line of the right-of-way would be a preferred distance and 70 feet would be a good option." If the Committee goes with that, it will be put on the agenda for Town Council Meeting next month.

Other Levan Items

•The first item of business was the approval of the ATV route. Rod Wankier moved that the route be accepted, the second was by Craig Worwood. The motion passed. The route should be in place in Spring 2001.

•Dale and Ellen Rosquist approached the Council for a variance to build a home on .39 of an acre and keep an existing trailer on .21 of an acre. If the lots were combined, there would be enough to satisfy the ordinance requiring one half acre to build on. The Rosquist's want to keep the trailer in place and rent it out to family members.

The Planning and Zoning said they could live in the trailer until the home was built, then the trailer would have to be removed.

The Council did not feel comfortable with two residences on .60 acre.

After a lengthy discussion, the Rosquists were advised to check and see when the property was deeded and to check with Bruce Hall about septic systems. Mayor Robinson will check with the League of Cities and Towns to make sure everything is legal.

•Planning and Zoning Committee granted approval to a building permit for a 36X42 barn for Ryan and Catina Nichols.

•Craig Worwood said he needed to add $10,000 to application to Safe Sidewalks. Mayor Robinson told him to make the application for $100,000.

•Ryan Aagard said that Helen Schneider had resigned as dog catcher effective Dec. 10.

•There will be a mobile dog and cat neutering clinic in Levan on Dec. 7, 2000.

•The council went into executive session. Two statements were made after the executive session. Alden Shurtz will oversee office activity. He will not be an office manager. Jason and Shawn are specifically responsible to see that bills are collected on work they do. They are to check with the office.

•The December Council meeting will be moved up to Dec. 13, 2000.