The Lindon City Council held a regularly scheduled meeting on Tuesday, April 15, 2003 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson
Invocation: Jerald Hatch

PRESENT

Larry A. Ellertson, Mayor
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

Jeff Acerson, Councilmember

The meeting began at 7:06 p.m.

PRESENTATION

Janece Hughes will present information on the County 4-H program.

Ms. Hughes was not present. It was decided to proceed and hear this item when she arrived.

MINUTES

The minutes of the meeting of April 1, 2003 and the Executive Session of the same date will be reviewed.

The minutes of the meeting of April 1, 2003 were reviewed. The following corrections were made:
Page 2, Line 23: Replace the word "dam" with the name "Deer Creek Reservoir."
Page 2, Line 42: Replace the name "Word Perfect" with the name "Gateway."
Page 3, Line 34: Add the word "violation" before the word "letters." Delete the word "sent" after the word "letters."
Page 3, Line 35: Add the word "information" after the word "Council's."
Page 3, Line 40: Replace the words "commendation for" with the word "recommendation from."
Page 3, Line 41: Replace the phrase "because he helped the City plan for dry years" with the phrase "to help the City plan for this coming year."
Page 4, Line 1: Replace the name "Jordanella" with the name "Jordanelle."
Page 4, Line 2: Add the name "Canberra" before the word "hillside."
Page 5, Line 13: Replace the words "apartment numbers" with the words "quantity of apartments."
Page 5, Line 32: Replace the word "Walkway" with the word "Parkway."
Page 6, Line 29: Add the amount "$92,048.00" after the words "amount of."
Page 6, Line 30: Add the words "sanitary sewer" before the word "fund."
Page 8, Line 10: Replace the word "home" with the word "homes."
Page 8, Line 11: Replace the word "business" with the word "businesses."
Page 8, Line 27: Add the word "House" before the word "Bill."
Page 8, Line 33: Add the word "Senate" before the word "Bill."
Page 9, Line 6: Replace the acronym "mph" with the acronym "mhz."
Page 9, Line 38: Add the phrase "Lindon would be included with Orem, and that" before the words "the second."
Page 10, Line 1,2: Replace the phrase "the outset is seeing the need to economize" with the phrase "there is a need to economize at the outset, so existing facilities will be used."
Page 11, Line13: Add the word "two" before the word "four-inch." Replace the word "tubes" with the word "conduit."
Page 11, Line 16: Replace the word "next" with the word "road."
Page 12, Line 28: Add the word "North" before the word "County."
Page 12, Line 29: Add the sentence "Mayor Ellertson added that a representative is needed for the County Arts Council also."
Page 12, Line 42: Add the name "Pleasant Grove" before the name "Lindon."
Page 13, Line 13: Replace the word "He" with the name "Councilmember Bayless."
Page 13, Line 14, 15: Replace the name "Dan" with the name "David." Add the phrase "to the West Stake List" to the end of the sentence.
Page 15, Line 30: Replace the name "Kelly" with the name "Kelli." Replace the number "115" with the number "116."
Page 15, Line 34: Delete the phrase "so there would be no cost to the City."
Page 15, Line 35: Delete the word "also" before the word "talked." Replace the name "Lynn" with the name "Lin." Replace the phrase "in Pleasant Grove about the program there" with the phrase "of Lindon and she said she would be an advisor for the Lindon program."
Page 15, Line 40: Replace the word "the" with the word "that."
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF APRIL 1, 2003 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the Executive Session of April 1, 2003 were reviewed. The following corrections were made:
Page 1, Line 33: Delete the word "interest."
Page 1, Line 37: Replace the word "would" with the word "may."
Page 1, Line 38: Move the phrase "$5.00 per square foot" from the end of the sentence to before the word "about."
Page 2, Line 17,18: Delete the sentence that begins with the words "Councilmember Dain."
Page 3, Line5: Add the words "the actual value" after the word "equal" and delete the rest of the sentence.
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF APRIL 1, 2003 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

Mr. Russ Tucker asked for guidance from the Council on his proposal to put an OHV track on the landfill. He asked where the City Council stands on the issue and what his next step is to move this project forward. He informed the Council that the Planning Commission had given him an approval for a temporary permit with the condition that he contact the landowners within 1000 feet to inform them of the Council meeting. He told the Council that he had thought that this application would be on the agenda tonight, but may have misunderstood. He had now been told that this proposal would not be on the agenda until he had secured the lease from the landfill board. Mayor Ellertson asked if the neighboring landowners were in the audience. There were no responses. Mr. Tucker told the Council that he had met last night with Mr. Cowley, manager of the landfill, and a landfill board subcommittee. He said that the board's main concern is the mixed signals they are getting from the City. He felt that the Board was supportive of his proposal. Mr. Todd Dudley, associate of Mr. Tucker, commented that the two entities are each waiting on the other and nothing is getting done. He asked how to proceed forward.

Councilmember Hatch informed the Council and Mr. Tucker that the most recent board meeting of the Landfill Board was not favorable to this proposal. They are not convinced that the cap can be preserved without harm and want the City to be liable for repairs. Mayor Ellertson added that he had talked with the manager this afternoon. He noted that the Board is supposed to be approving a letter to the City to explain their position. He observed that the challenge to this proposal has been that the City is not sure where the Board stands. He explained to Mr. Tucker that the Board has three issues to resolve–the preservation of the cap, noise and dust, and the potential impact on surrounding properties. He noted that the City wants clarification on the Board's position on these issues.

Mr. Dudley asked when the letter might be expected. Councilmember Hatch noted that the next meeting of the Board will be on May 19. Mayor Ellertson replied that the letter may be issued sooner if the Chairman can contact all of the board. Mr. Tucker commented that it appears that the city has taken no position one way or the other. Councilmember Dain explained that the City needs the letter from the landfill board to decide if the proposal will only be approved by that entity if the City takes responsibility for management of this proposal. Mr. Tucker commented that the success of the track depends on being open during the season of use. He would like to hurry it through so that he does not miss the season. He also has investors on hold.

Mayor Ellertson commented that he appreciates Mr. Tucker's attempt to do something in the public interest– to help preserve the hillsides and find facilities and locations where these recreational activities can take place. He noted, however, that he could not promise that this location will be the place to put this facility, or that it will come about this season. He observed that there are some issues to resolve and he did not want to give false hope to Mr. Tucker. He wanted Mr. Tucker to understand that he may have to find an alternative location.

Mayor Ellertson asked if there was other public comment. There was none. He asked if Ms. Hughes was present yet. She was not.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson asked for questions. There was none.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Review and Action - Development Agreement. This is a staff request for approval of a development agreement between the City and Walmart which provides for the construction of 820 West between 600 North and 700 North, the realignment of the intersection of 600 North State Street and installation of a semaphore on State Street in accordance with the proposed site plan for the Walmart Supercenter.

Mr. Dameron suggested that City Attorney Gordon Duval introduce this item. Mr. Duval reviewed the three main provisions of this proposed agreement. They are to vacate 600 North, realign 600 North to State Street and install a semaphore, and acquire the land and build 820 West. Mayor Ellertson suggested that the utility easements in the vacated portion of 600 North should be retained by the City. The representative for Walmart, Mr. Shell McPherson, acknowledged that this would be agreeable. The wording of the clause was discussed. Councilmember Dain noted that the clause that requires the realignment of the intersection of 600 North and State Street does not include acquiring the land. This was added. Mayor Ellertson asked if there were other comments.

Mr. Smith noted that the Planning Commission had discussed that the changes to the intersection were necessitated because access was needed to State Street. Councilmember Dain suggested that this be made part of clause 1.2. Mr. Lyle Baldwin of Rimrock Development asked if the realignment would include the improvements such as curb, gutter and sidewalk. Mayor Ellertson replied that these improvements are part of the expectations. Mr. Smith agreed. Mr. Dameron verified that there would be curb, gutter and sidewalk on both sides of the realignment. Councilmember Hatch commented that the sidewalk is behind the trees on State Street on the south side of 600 North.

City Engineer Mark Christensen asked about construction of the utilities under the road on 820 West. He suggested that these utilities need to be in place before the connector is paved. Mr. Dameron asked Walmart to put in these utilities. Mr. Geivett replied that Walmart would look for reimbursement of these expenses. Councilmember Dain noted that as future development connects to the utilities, the developer will be paid back. Mr. Dameron agreed that either a reimbursement agreement or a negotiated contract with the property owners adjacent to 820 West would be acceptable.

Mr. Richard White of Rimrock Development commented that they had been negotiating with neighbors on 600 North for additional access from their development. They had reached a tentative agreement before the Walmart application had come up, but the new curve in the realignment of 600 North will possibly make this agreed on access point hazardous. He asserted that this access is needed. Mayor Ellertson noted that the agreement with the neighborhood is that no more accesses to 600 North will be allowed. Mr. Smith commented that the Planning Commission had tried hard to meet the concern of the residents concerning traffic accessing 600 North from this development. One of the conditions put on Rimrock is that no further access to 600 North will be approved unless it is agreed to by the neighborhood. An additional access was worked out with the neighborhood for 100 feet from State Street, but now this location lies in a curve. Mr. Christensen agreed that it is desirable to move the access beyond the curve, but since it was agreed to by the neighborhood, he would look at it carefully. Mr. Mark Hampton of Rimrock commented that he would submit the access to the engineer for his review. Mayor Ellertson asked for questions or comments. There was none.

Mr. Duval reviewed the changes suggested for the development agreement. Clause #1.2 will read that Walmart will acquire and realign the 600 North intersection with State Street together with the accompanying improvements. Clause #1.3 will read that Walmart will acquire the land for, and build, the road and improvements serving as 820 West between 600 North and 700 North. He will also add a subclause #1.3a that in consideration of installation of the necessary utilities, Walmart will receive an agreement for reimbursement or credit for the cost of the utilities. Mr. Geivett noted that UDOT must approve the traffic signal portion of the realignment of 600 North. Additional language was suggested and approved to clarify this contingency.

Mr. Mark Hampton asked if the portion of the street vacated on the northeast corner of 600 North could be traded for dedication of the southeast corner of 600 North. The Council discussed his proposal. Councilmember Dain commented that the Council was open to that discussion. Mr. Smith commented that a vacation hearing would be needed before any trades are considered.

Mr. Josh Blackwelder of 604 West 425 North asked if this was the appropriate time to bring up Walmart site plan issues. His comments were postponed to later. Mr. Duval asked who signs for Walmart and was told Mr. Bob M. Beard, VP of Walmart.

COUNCILMEMBER DAIN MOVED TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN WALMART AND LINDON CITY WITH THE CHANGES AS NOTED AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Review and Action - Site Plan for Walmart Supercenter. This is a request by Pacland for approval of the site plan for a new Walmart Supercenter to be located on the property between 550 North and 700 North State Street. The zoning for this property is CG - Commercial. The Planning Commission recommended approval with suggestions.

Mr. Smith presented this application for site plan approval and displayed an aerial of the location. He noted that the Council had seen this proposal for the zone change. He displayed the latest copies of the site plan and the elevations with the changes incorporated as recommended by the Planning Commission. He observed that draft copies of the Planning Commission minutes were included in the staff report. He noted that the Planning Commission had three types of recommendations: site plan, elevations, and traffic control.

Mr. Smith suggested that the site plan recommendations be reviewed first. He showed the Council the revised pedestrian walkway in the parking lot and explained that the original walkway was a concrete pathway designed to prohibit dangerous cross-through traffic in the parking lot. The current design has added trees and planter boxes to this walkway. The Planning Commission also requested that the landscaping boxes in the parking lot be a minimum of six-feet wide and preferably eight-feet wide. Additionally, a sidewalk and planter strip is incorporated into the west side of the access to 550 West. A walkway to the cul-de-sac on 600 North with an offset wall opening is included. This opening has the option of being gated if it becomes a problem. The cul-de-sac will be red-curbed and no parking signs will be installed. The Planning Commission has recommended that no truck trailer storage should be allowed and containers should be limited to the back of the store–out of the way and out of sight. He noted that there will be a mix of trees on the property line adjacent to the residential district to give multi-seasonal protection. The property line will not be defined with a fence along the residential border because this property is presently a farm. Future development of this area will dictate the type of fence required then. Mr. Smith noted that the final recommendation concerned requiring adequate pipe materials and sizes for the irrigation and storm water systems through the vacated portion of 600 North.

The Council discussed the width of the pedestrian walkway in the parking lot. Commissioner Peters, present in the audience, asked the actual width. Mr. Geivett replied that it is eleven-feet wide. Mayor Ellertson asked if the rear setback between the store and the property line would be similar to the St. George store. Mr. Geivett replied no, that this is smaller because the St. George store includes a conservation zone for the Virgin River. Mr. McPherson pointed out the mixed varieties of trees in this area. Councilmember Dain noted that the mixed varieties will provide winter screening also.

Mayor Ellertson observed that the St. George store has an alternate style of landscape islands in the parking lot. Mr. Geivett agreed and commented that the islands in St. George were perpendicular to the parking spaces and these are parallel. Also the planters in St. George are four-feet wide and these are six-feet, so are more favorable for tree growth. Councilmember Bayless commented that she liked the appearance of the parking lot in St. George and that it did not encourage vehicles to cut across. Mr. Geivett pointed out that the Lindon parking lot had a defined and channelized roadway to minimize cutting across. Mayor Ellertson addressed Commissioner Peters and asked his opinion of the parking lot design. Commissioner Peters expressed his opinion that this design is more attractive because of the added landscaping, wider planters, more trees, and the visual expanse. Mr. Geivett agreed and commented that the St. George design is used for a site that is too small and the planters are turned to allow more parking spaces. The Lindon design has 50 less parking spaces due to the planter design.

Councilmember Bath asked if there had been any discussion about traffic control on the perimeter road in the parking lot. Mr. McPherson replied that no speed bumps were discussed. Mr. Geivett explained that Walmart is very concerned about the safety of their patrons. They put in stop signs on the crossings to the front entryway as a matter of course. He noted that the speed control details are not shown on the site plan, but on the next level of detail. Commissioner Peters asked about raised walkways as speed bumps between the parking and the store front. Mr. McPherson replied that the walkways requires attention to tripping hazard for pedestrians and so are very wide. The walkways are too wide to be used effectively as speed bumps to slow down a car.

Mayor Ellertson asked how the size of the area in back of the store compares to St. George. Mr. Geivett replied that if you discount the setback from the Virgin River, it is not dissimilar. Mayor Ellertson commented that it seems smaller. Mr. Geivett pointed out that the truck turnaround is on the back of the St George store so it seems bigger. He noted that the Lindon store design limits truck movement to the area away from the residential homes and has a "pinch point" to ensure no truck travel on the west side. He also noted that the back wall had been moved somewhat to allow dedicated storage of containers in back of the store. Councilmember Bayless observed that the green area there should be as wide as possible. Mr. Geivett assured her that there is still 100-feet. Mayor Ellertson asked if there was comment on the site plan. There was none.

Mr. Smith presented the recommendations for the elevations of the Walmart store. He showed what had been originally proposed and what the final recommendation of the Planning Commission had produced. He explained that the Planning Commission was concerned about having a common design theme for State Street. They had spent time defining architectural design elements that delineate Lindon's "Little Bit of Country" slogan. He pointed out the palladium window, gable roofs and cupola additions to the entry vestibules. It was asked if the window opened into the vestibule. Architect Randy Anderson replied that the building design dictated a false window. Councilmember Dain noted that it was similar to the Lindon Fire Station.

Mr. Smith pointed out the other recommended design issues. The fence around the garden area is to be ornamental iron with block pillars. Mr. Anderson commented that the fence will be decorative metal and not wrought iron and the columns are constructed of the same split face block as the building. There is a cornice trim on the front of the building, and a green stripe instead of the signature blue stripe. Councilmember Dain suggested that there be louvers added to the cupolas so they do not look "blank and without purpose."

Mr. Anderson pointed out elements of the building design that were not readily obvious. He commented that the truck docks are not visible on the rear elevation. They are hidden behind a masonry screen wall and a building wing wall. This will help to dampen sound from this area. He pointed out that the parapet wall is five-feet, nine-inches tall to conceal the rooftop units and dampen noise. He noted that the compressors are enclosed and not readily apparent on the right elevation. He also expressed thanks to Commissioner Peters for his pictures that helped define the style of the building.

Councilmember Bayless observed that the street sign in St. George does not match the building and seems totally unrelated to the site. She requested that the street signs for this Walmart match the building in design and colors. Mr. Dameron verified that the developers were aware that only low-profile monument signs are allowed in Lindon. Mr. McPherson acknowledged his awareness of this requirement. Councilmember Bayless asked the proposed location of this sign. She was shown the sign location on the site plan.
Mayor Ellertson commented that the St. George store's wall sign background was not a contrasting color. Mr. Geivett agree and noted that the Lindon store sign is intended to be a feature of the building. Mr. Anderson agreed and observed that the contrasting color will help break up the mass of the building.

Councilmember Bath asked if there were doors into the store on the portion of the frontage that has canopies. Mr. Anderson replied that only emergency and cart doors are in this location. Mayor Ellertson asked if there was an access to the garden center from the parking lot. Mr. Anderson replied that there is a building door inside the gated portion of the garden center. Mayor Ellertson asked if there was comment from the public on the elevations. There was none.

The traffic issue was opened. Mr. Josh Blackwelder presented a petition from the residents of the Salisbury subdivision near 550 North that requests a gate on this street and on 800 West. He asserted that his intention was not to create a gated community, but the gate would be opened with a security code after a call to a residence. Councilmember Bayless asked if his reasoning for requesting a gate is that he expects the traffic impacting those streets will not be Lindon residents. She suggested that people who live in this subdivision or directly south of it in Lindon are the ones who will be using this access to Lindon. She wondered how a gate would help. Mr. Black welder asserted that gates are a deterrent to pass-through traffic. He observed that the Salisbury subdivision consists of some of the lowest price housing in Lindon and consequently is occupied by younger families with small children.

Mayor Ellertson asked if Mr. Blackwelder and all the other signers of this petition understand that every time one goes in or out, they will have to open and close the gate. Mr. Blackwelder answered yes. He commented that it is his opinion that traffic will cut through this subdivision to reach areas south of Walmart, like the Home Depot. He suggested that the Council is worried about making the parking lot safe, but are not addressing the safety of this neighborhood. Mr. McPherson observed that it is the opinion of the traffic engineers and Walmart that traffic exiting the Walmart site will primarily use 700 North and then State Street or Geneva Road, and will not use a residential street to access other parts of the City or County.

Councilmember Bayless observed that she could understand the concern. She suggested that the residents of Salisbury are concerned that drivers may be hesitant to cross the traffic on State Street and may decide that it is safer to go through the side streets. Mayor Ellertson commented that the reason for streets is to get from one part of Lindon to another. Carl and Myrl Clements of 399 West 700 North claimed that they had moved to Lindon when it was a farming area. They were aware at that time that Lindon was going to grow and change. Mrs. Clements asserted that she had taught her children not to play in the street when traffic started building up going past her home. Mr. Clements agreed and pointed out that if traffic is cut off from going one way by closing roads, more cars are forced to travel past their house. They had to learn to live with the traffic and adjust, and so should everyone else. Mr. Blackwelder pointed out that he had signatures from fifty residences that share his concerns.

Mr. Smith observed that the Planning Commission and staff had struggled with substantial traffic issues and spent considerable time on this subject. He introduced Mr. Ryan Hales of Fehr & Peers and the City Traffic Engineer Mark Christensen, and he asked Mr. Hales to summarize his presentation of traffic estimates. Mr. Smith noted that the Planning Commission's recommendation concerning traffic is to look at Mr. Hales' projections to decide if traffic calming measures are needed now. They also suggested that the situation be assessed again when Walmart is open to decide if additional or alternate traffic control measures are needed then.

Mr. Ryan Hales commented that his firm, Fehr & Peers, had been approached by Walmart to look at the proposed site for traffic impacts that could occur. He had met with Lindon City staff, UDOT, and other agencies to determine traffic patterns and growth projections. He explained that the primary concern was to avoid disruption of the flow on State Street. Disruption of flow there spills traffic into the neighboring streets. He noted that most vehicles use the major streets and not the neighborhood streets because of the narrowness and the feeling of being impeded on local streets. He quantified the existing intersections on State Street and graded them "A" to "F" taking into consideration their existing traffic volumes and delays. He then estimated the additional traffic that may be produced by the proposed Walmart by referring to a national database. He determined that the Walmart will add 1320 new trips during the p.m. peak hours to the existing traffic. He noted that this includes the fact that the 700/800 North intersection will be signalized and that there is an existing signal on 400 North. It was determined that 600 North was a more suitable location for the entrance signal to Walmart. He noted that it had been suggested that the signal be moved south during a Planning Commission meeting, however, this was not approved by UDOT. He noted that State Street is presently a five lane road that is anticipated to be widened to seven lanes in the near future.

Mr. Hales then presented a subsequent analysis that had been performed on 600 North. He presented some slides showing the existing, after project and build-out average daily trip (ADT) volumes on 600 North, 400 North, 550 North and State Street. He noted that several hindrances to the likelihood of vehicles cutting through neighborhoods are the number of driveways that access these routes, the narrower street widths and the hard angles of the turns. He estimated that 600 North, in the section between State Street and 400 West, will increase from 1960 ADT to 2200 ADT with the completion of the Walmart project and again to 2490 ADT at the projected build-out of Lindon City. He projected 550 North, in the section between State Street and the proposed Walmart driveway, to increase from 840 ADT currently to 2840 ADT. He was asked to estimate the increase in the subdivision beyond this point. Mr. Hales replied that there may be 100 ADT more after project completion within the subdivision itself.

Mr. Blackwelder commented that he had never seen a Walmart that funnels traffic into a residential neighborhood and asked why this was "okay." Mayor Ellertson replied that the City considers the traffic funneled to State Street and 700 North. Mr. Blackwelder asserted that he considers the traffic funneled into the subdivision. Mr. Hales pointed out mitigation measures that had been taken to direct traffic away from the subdivision. He noted the angle of the access street to 550 North that is parallel to State Street rather than at 90-degrees to 550 North. He noted the width of the access street that will not facilitate large flows.

Jill Mendivil, resident of the east side of 600 North, commented that she had major issues with the traffic study. She observed that this neighborhood had tried to get traffic calming measures last year and the numbers did not total 1960. She felt that their numbers currently were more similar to 550 North at 830. Mr. Darin Hunsaker of the same neighborhood expressed concerns that 600 North is being turned into a main access to the store. Ms. Susan Hunsaker felt that traffic calming measures were needed now and also that the 1960 ADT figure was not accurate. Mr. Hunsaker added that speeds are unacceptable on this street now and prevention is needed before traffic is added to by this high traffic attraction. Ms. Heidi Blackwelder asked about the possibility of installing speed bumps in the Salisbury subdivision now. Mr. Blackwelder asked if independent audits are being done on traffic counts.

Mr. Hales responded that the counts are determined by actual counting on site. He informed the residents that the count on 600 North had been performed on December 3, 2002 from 7-9am and 4-6pm. The counts were amended by a seasonal adjustment amount to figure a yearly average. He noted that counts are higher in August than December. He suggested that the counts in this location may be higher than further east on 600 North because of the offices on the south side of 600 North. He observed that the goal of traffic counting is to estimate the worst possible scenario. The hope is to overestimate rather than underestimate. He recommended that a base count on both the east and west ends of 600 North be determined to help in decisions for traffic control in the future.

Ms. Susan Hunsaker asked if there is found to be 550 ADT per day on the east end rather than the 1960 ADT reported on the west end now, will the east end also increase to the 2200 predicted for the west end? Mr. Hales replied no, that it will increase proportionately at the same rate of increase on the west end. Mayor Ellertson asked when the counts were taken for the traffic control request last year. Ms. Hunsaker replied that it was last summer. She noted that they did not qualify because of low traffic counts. Mayor Ellertson observed that there are problems with installing traffic controls where they are not warranted. Mr. Hales clarified that if you assume that the increase is 500 ADT at one end of a street, then the there will be 500 ADT more at both ends of the street. He added that there are traffic calming measures that address the type of problem, whether speed or volume, such as speed humps and narrowing the street. Mr. Hunsaker pointed out that 600 North is already a narrow street, in fact, it is already 10 feet narrower in width than it should be.

Councilmember Bayless observed that the volume has been measured just off of state street. She suggested that a study of the volumes in front of the homes is needed to properly evaluate the traffic situation. Mr. Clements commented that closing roads causes traffic to take other routes and increases traffic there. Commissioner Peters observed that one of the traffic controls requested early on in this process was to narrow the access from the Walmart to 550 East. This was to discourage traffic from going that way, but if narrowing down actually slows traffic, he asked if it was wise to narrow that road. Mr. Hales replied that there are many factors that drive traffic through an area. These are length, visual distance, and narrowness. Motorists will slow if the street is narrow. He asserted that narrowing the street will deter large numbers from using the access and slow down those that do use it. Commissioner Peters asked if he anticipates safety problems with the narrowness. Mr. Hales replied no, that a two lane road has a total capacity of 10,000 ADT per day.

Ms. Mendivil told the Council that she was one of the originators of the petition to close 600 North. They had suggested that 600 North be closed between the residential and the commercial zoning, but were told that the road could not be closed for safety reasons. Mayor Ellertson commented that the City has a general philosophy that it is not wise to close roads. Mr. Hales observed that traffic is a sensitive subject. He noted that his firm recognizes the need for traffic studies before and after the construction of Walmart. This will help determine the problems so that the correct mitigation can be applied.

Councilmember Bath asked City Engineer Mark Christensen for his response to this discussion. Mr. Christensen observed that Mr. Hales is a well-qualified, objective traffic engineer. He believes that Mr. Hales' estimates are conservative. He noted that Mr. Hales has assumed a higher level of development in future Lindon than is currently allowed and has also included development of property that will not be developed as residential lots, such as school district, cemetery, and stake center property. He felt that the approach is reasonable and he is comfortable with the study. He agrees with the conclusions and recommendations.

Mayor Ellertson asked if there was a way to anticipate some of the problems. Mr. Christensen suggested that a more in depth and ranging study targeting the neighborhoods on 600 North and 550 North to see if there are problems now. Mayor Ellertson suggested that the speed trailer could be used to count vehicles and measure speeds now. Commissioner Peters suggested that the extension of 600 North to 200 East is almost complete and if counts are taken after this area of street is opened, it will be more accurate. Mr. Hampton asked if the speed trailer gave an accurate picture of speeds. He noted that he usually slows down when he sees one. Mayor Ellertson replied that it will count the cars using the streets accurately. Mr. Blackwelder asked if the traffic control program had set limits for certain aspects of traffic control devices. In other words, he wondered if there were more than a set amount of vehicles using a street, then you put in speed bumps, and if it rises to more than another set number, then something else is done. Mr. Christensen replied that the program has set quantities that determine the level of control.

Mr. Blackwelder asked about increasing safety patrols in the neighborhood. Councilmember Bath replied that the police department is very efficient and will post more patrols if requested. Mayor Ellertson agreed that the City shares the concerns of the neighborhood and more patrols will be requested. He thanked the residents for their interest and helping the Council to understand their concerns. He asked if there was other discussion.

Councilmember Bayless expressed the opinion that the approval conditions should be more specific concerning the recommended traffic studies. She suggested that the additional studies should be conducted in the residential areas that will be affected, such as further east on 600 North and further west on 550 North. It was discussed that the goal on 600 North is to count the traffic in the subdivision, not the traffic accessing the business park. It was also noted that the current count on 550 East would accurately show just the subdivision traffic because there are no other uses there yet. Mr. Dameron confirmed that additional traffic studies should be conducted soon and then another conducted after the roads are completed. Mr. Hunsaker commented that the location that would give a more accurate representation of motorist's speed is not on the curve but in front of his house. He also noted that most of the speeders are traveling east. Mayor Ellertson thanked him for his input. There was a short discussion of the wording of the motion.

COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY PACLAND/WALMART FOR SITE PLAN APPROVAL FOR A NEW WALMART SUPERCENTER AT APPROXIMATELY 600 NORTH STATE STREET WITH THE PLANNING COMMISSION'S RECOMMENDATIONS AS FOLLOWS, AND THE ADDITIONAL CONDITIONS OF CONDUCTING THE TRAFFIC STUDIES AS RECOMMENDED BUT DEEPER INTO THE RESIDENTIAL NEIGHBORHOODS, AND ADDING EITHER LOUVERS OR SOME OTHER ARCHITECTURAL FEATURE WHICH IS COMPATIBLE WITH THE ARCHITECT'S PROFESSIONAL JUDGEMENT ON THE CUPOLAS.
1. THE GARDEN CENTER FENCE SHOULD BE BUILT OF DECORATIVE METAL WITH BLOCK PILLARS OF THE SAME MATERIAL AS THE BUILDING.
2. STEEP-PITCHED GABLE ROOFS, CUPOLAS AND PALLADIUM WINDOWS SHOULD BE ADDED TO THE ENTRY VESTIBULES AS WAS DEPICTED BY COMMISSIONER PETERS.
3. THE CORNICE SHOWN ON THE PRESENTED ELEVATIONS SHOULD REMAIN.
4. THE WALMART SIGNATURE STRIPE ON THE BUILDING SHOULD BE A FOREST GREEN COLOR.
5. THE WALKWAY THROUGH THE PARKING LOT SHOULD HAVE OFFSET TREE PLANTER BOXES.
6. THE DIMENSIONS OF THE LANDSCAPE ISLANDS IN THE PARKING LOT SHOULD BE A MINIMUM OF SIX FEET WIDE BY 36 FEET LONG MEASURED FROM INSIDE CURB FACE TO INSIDE CURB FACE.
7. TREES ON THE PROPERTY LINES ADJOINING THE RESIDENTIAL AREAS SHOULD BE STAGGERED AND THE VARIETIES MIXED.
8. A SIDEWALK AND PLANTER STRIP SHOULD BE ADDED TO ONE SIDE OF THE LOCAL ACCESS ON 550 NORTH.
9. PEDESTRIAN ACCESS SHOULD BE PROVIDED THROUGH AN OFFSET OPENING IN THE SEVEN-FOOT MASONRY SCREEN WALL ON THE 600 NORTH CUL-DE-SAC WITH THE ABILITY TO GATE THE OFFSET OPENING IF NEEDED.
10. THE 600 NORTH CUL-DE-SAC SHOULD BE RED-CURBED FOR NO PARKING.
11. WHITE SPLIT RAIL FENCE SHOULD BE INSTALLED ONLY ON THE STREET FRONTAGES AND NO BOUNDARY FENCE SHOULD BE INSTALLED ALONG THE PROPERTY LINES ADJOINING THE RESIDENTIAL AREAS OTHER THAN THE SHOWN SEVEN-FOOT MASONRY SCREEN WALL.
12. CONTAINER STORAGE IS RESTRICTED TO THE REAR OF THE BUILDING, OUT OF SIGHT AND ONLY ONE HIGH.
13. NO TRAILER STORAGE SHOULD BE ALLOWED.
14. THE CITY ENGINEER SHOULD REVIEW THE PIPE SIZE AND MATERIAL FOR THE STORM DRAINING AND IRRIGATION DITCH ON 600 NORTH TO VERIFY ADEQUATE CAPACITY AND UNINTERRUPTED SERVICE.
15. THE CITY COUNCIL SHOULD CONSIDER THE NEW TRAFFIC STUDY PROJECTIONS AS PRESENTED BY RYAN HALES OF FEHR & PEERS TO DETERMINE IF TRAFFIC CALMING MEASURES ARE WARRANTED FOR 600 NORTH EAST OF STATE STREET BEFORE THE STORE IS CONSTRUCTED AND THE SIGNAL INSTALLED.
16. THE CITY COUNCIL SHOULD CONSIDER MORE STRINGENT TRAFFIC CONTROL MEASURES IF WARRANTED AFTER THE FINAL IMPACT IS DETERMINED.
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Public Hearing - Vacation of a Portion of 600 North Street between 740 West to State Street (Ordinance #2003-6.) The City Council will hear public comment and possibly act to approve an ordinance which will vacate a portion of 600 North between 740 North and State Street. The Planning Commission recommended approval with a suggestion.

COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Smith observed that this subject had been discussed with the previous item, the development agreement. He noted that the trade of road accesses did not affect the City's right to maintain the utility easements. Mr. Mike Hanson of 785 West 600 North asked about the size of the cul-de-sac on 600 North. He was told that the diameter would be 100-feet. He then asked about the disposition of the ditch on the Walmart west property line. Mayor Ellertson asked what the source of this water was. Mr. Hanson replied that he did not know, but that the ditch was not properly maintained and had flooded the homes there. Mr. Smith observed that if the ditch is still in use, it will be taken care of to ensure uninterrupted service.

Councilmember Hatch asked when access would be finished on 820 West. He expressed concern that access may be interrupted if this is vacated and access is not finished to 700 North Street. Mr. Smith replied that access will not be interrupted to State Street on 600 North until the alternate access is traversable. The access to 700 North may not be paved until 700 North is finished. The timetable of the 700 North completion was discussed with City Engineer Mark Christensen. Councilmember Dain asked Mr. McPherson when he anticipated the need to close 600 North for construction of the site. Mr. McPherson assured the Council that they would allow for continuation of access on 600 North as construction is underway. Councilmember Bath commented that this was important, especially for the school district. Mr. McPherson noted that 600 North would not be closed completely until there is access on 820 West. Mayor Ellertson asked for public comment. There was none.

COUNCILMEMBER DAIN MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST TO VACATE 600 NORTH BETWEEN STATE STREET AND 740 WEST WITH THE FOLLOWING CONDITIONS:
1. THAT THE IRRIGATION DITCH ON THE WALMART WEST PROPERTY LINE ALONG THE TRAILER PARK BE TAKEN CARE OF THROUGH STAFF,
2. THAT ACCESS BE MAINTAINED ON 600 NORTH UNTIL 820 WEST IS ACCESSIBLE, AND
3. THAT UTILITIES EASEMENTS BE RETAINED BY THE CITY.
COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0).

4. Resolution #2003-5 - Quit Claim Deed for Vacated Portion of 600 North Street. This is a request by staff, in association with the Walmart site plan, for approval of a quit claim deed for the vacated portion of 600 North street between 740 West to State Street from the City to Walmart.

Mayor Ellertson noted that this item is the Resolution to issue a Quit Claim deed to Walmart for the vacated portion of 600 North as just discussed. Mr. Dameron commented that the resolution provides that the deed will not be signed until the conditions stated therein are met. The conditions were discussed.

COUNCILMEMBER HATCH MOVED TO APPROVE RESOLUTION #2003-5 WHICH APPROVES AND AUTHORIZES A QUIT CLAIM DEED FOR THE CONVEYANCE OF THE VACATED PORTION OF 600 NORTH STREET LOCATED BETWEEN APPROXIMATELY 740 WEST TO STATE STREET FROM LINDON CITY TO WALMART IN ACCORDANCE WITH AN APPROVED SITE PLAN FOR THE WALMART DEVELOPMENT WITH THE CONDITION THAT ACCESS WILL BE MAINTAINED ON 600 NORTH UNTIL THE CONNECTION AT 820 WEST IS MADE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0).

Mr. Geivett raised a question about the completion of the connection on 820 West if 700 North is not finished. Mr. Dameron assured him that if 820 West is completed to connect to where 700 North is located, even if still under construction, it will fulfill the condition and not hold up the Walmart project.

5. Public Hearing - Ordinance to Adopt Road Impact Fee. The City Council will hear public comment and possibly act to approve an ordinance which will enact a road impact fee for the area around and impacted by the new I-15 Interchange and the proposed 700 North Street. Lewis, Young, Robertson and Burningham (financial consultants) will be present to discuss the impact fee study.

COUNCILMEMBER DAIN MOVED TO OPEN BOTH OF THE REMAINING PUBLIC HEARINGS ON THE AGENDA. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Dameron observed that Mr. Jason Burningham and Elise Christensen from Lewis Young Robertson & Burningham were present to present the methodology of the road impact fee to the Council. City Engineer Mark Christensen was also present. He noted that the City is required to have the proposed impact fee on display for public inspection for two weeks before adoption by the Council. He added that action may be taken on this item as soon as May 6.

Mr. Burningham commented that the last meeting had left a couple of items to address. The Council, last August, had directed the formation of an ad hoc committee to address the creation of equitable service areas. Mr. Christensen observed that the goal of the committee was to identify how to distribute the burden of the improvements. They had attempted to group property that has a similar benefit. He displayed a map of the service areas that the committee recommends. He pointed out that area #B has frontage on 700 North. Area #C has no frontage. Area #E is the city-wide area. He noted that the next step was to quantify the share of the costs for each area. The philosophy is that there are different areas of benefit and ratings of importance. The committee listed the benefits, such as access, land value, connectivity to I-15, and exposure to traffic, and then gave each benefit an importance score between one and four. He showed how each area was given a rating score on each benefit. The scores are totaled and the costs are assigned by the percentage of the total score. He observed that the costs of Area #E would be collected through city funds.

Mr. Burningham distributed the analysis packet for the impact fees. He showed how they had taken the information generated by the committee to assign proportionate share percentages to the different types of land uses. He noted that one of the elements not included in the study to this point are the costs of financing. He pointed out that the total costs of improvements in the study area total $3.2 million. The acreage in each service area was assessed by the type of land use anticipated to come up with a total number of trip ends. The figures were examined and discussed. Mr. Burningham expressed the opinion that the methodology appears sensible and defensible.

Mayor Ellertson asked if there was comment. Councilmember Dain suggested that the boat harbor should be included in a service area. He commented that the closest access to the lake from the freeway is the Lindon Harbor. He felt that the landfill and the boat harbor should be included in Area #D. Mr. Burningham commented that as of this version these areas are included in the city-wide Area #E. Mr. Christensen noted that the boundaries between the areas have gone through several revisions.

Mr. Geivett suggested that the east side of State Street would benefit just as much as the west side. He noted that 700 North is a key feeder to State Street and will affect the viability of businesses clear into 2000 North in Orem. Mr. Christensen commented that you could theoretically divide the City into many types of service areas, but that the inclusion of the city-wide area levels the basis of comparison. Mr. Geivett observed that the east side of the same intersection on State Street would get the same benefits as the west side. Mr. Christensen suggested possibly putting some of the areas on State Street into a new district. This was discussed. Mayor Ellertson asked if there was any further comment from the public. There was none.

COUNCILMEMBER DAIN MOVED TO CONTINUE THE PUBLIC HEARING TO MAY 6, 2003. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Public Hearing - Ordinance Amendment - Water Requirement in Commercial Zones (Ordinance #2003-7). The City Council will hear public comment and possibly act to approve an ordinance which amends Section 17.66.010 - Transfer of Water Stock - of the Lindon City Code to reflect a reduction in the amount of water required for development in the Commercial zones of the City. The Planning Commission recommended approval.

Mayor Ellertson noted that the public hearing was still open and that this issue deals with water. He added that the current ordinance still provides for the requiring of larger amounts of water for heavier users. The proposed amendment to the ordinance was discussed. Mayor Ellertson asked for public comment. Councilmember Hatch asked what happens if property owners had previously turned in shares. Mr. Dameron replied that this change applied from this time forward and does not apply to past water submittals.

COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE #2003-7 REDUCING THE REQUIREMENT OF WATER STOCK IN THE COMMERCIAL, MIXED COMMERCIAL, AND RESEARCH AND BUSINESS ZONES FROM ONE SHARE PER ACRE TO ONE-HALF SHARE OF NORTH UNION WATER STOCK OR ITS EQUIVALENT PER ACRE. COUNCILMEMBER DAIN SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0).

7. Resolution #2003-6 - Utility Fee Waivers for Military Personnel Called Up for Active Duty in the Iraq War. This is a request for approval of a resolution which would permit the waiver of certain utility account fees for military personnel called up for duty in the Iraq war.

Mayor Ellertson noted that the proposed resolution appears to mirror the intent discussed by the Council. Councilmember Dain noted that the waiver is specific to the Iraq war. This was confirmed.

COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION #2003-6 APPROVING AND AUTHORIZING A WAIVER OF CERTAIN UTILITY FEES FOR MILITARY PERSONNEL CALLED UP FOR ACTIVE DUTY FOR THE WAR IN IRAQ. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0).

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain asked when the reservoirs would be filled. Mr. Dameron replied that the decision had been made to wait until daytime temperatures increased and the water needed. There was a discussion. The Council agreed to wait awhile before filling the reservoirs.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch asked about the policy on notifying neighbors about pending subdivisions. He was informed that the ordinance does not require notification of pending subdivision applications.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless offered congratulations to Finance Director, Kristen Colson, on her new baby. She commented that the flags in the front of the City building needed replacement. She asked about landscaping on the intersection of Main and State Street. The plans were explained. She asked about the street sign that had been requested by Timpanogos Academy to indicate the "Titan Trail." Mr. Dameron replied that it was on order. There was discussion of the order of the street names on the sign, whether the number or the name should be on top and more prominent. It was decided that the street number should be more prominent.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported that Lindon City should be expecting a bill for the share of the new computer program being used by the public safety department. He also noted that the next budget meeting will be April 23 at 4:30 p.m. in the downstairs office.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson was excused.

ADMINISTRATOR'S REPORT

1. Announced that the Annual Easter Egg Hunt would be held this Saturday at 9a.m.
2. Noted that the Council is invited to a Chamber of Commerce discussion on Tuesday, April 22 at 4p.m.
3. Reminded the Council that they are invited to attend a Planning Commission meeting on April 23, at 7p.m. to see a twenty-minute presentation on the Western Transportation Corridor Study.
4. Announced the City-Wide Service Day will be May 3. He noted that dumpsters will be placed here at the City Center and on the east side of Lindon.
5. Asked for requests from the Project Tracking List. There was discussion of the OHV track and its neighboring property owners.
6. Noted that the Council is also invited Thursday, June 5 to a public meeting at the Pleasant Grove Junior High School to discuss the Western Transportation Corridor. This will be held at 6p.m.
7. Asked if there was interest in starting a local government TV channel for Lindon. He explained how a Utah company would facilitate this benefit. A presentation by this company will be planned for later.

COUNCILMEMBER DAIN MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE COUNCIL MEETING AT 11:55 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - May 6, 2003

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