The Lindon City Council held a regularly scheduled meeting beginning with a Work Session at 7:00 p.m. on Tuesday, December 16, 2003, in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Bruce Carpenter, Chairman
Jim Peters, Commissioner
Dustin Sweeten, Commissioner
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

Lindsey Bayless, Councilmember

WORK SESSION

The Mayor and City Council will meet at the City Center for a work session relating to the proposed ordinance for Assisted Living Centers.

The Work Session began at 6:05 p.m.

Mayor Ellertson informed the Council, members of the Planning Commission and public that the purpose of this Work Session is to discuss a proposed ordinance on assisted living centers. He noted that no action would be taken. He reviewed the request that had raised this question. This was a request to construct a facility on a parcel on Locust Avenue. It was not approved to allow the City some time to review issues pertaining to the framing of an ordinance.

Mr. Smith agreed that this review is something that had been going on a while. He suggested that to understand the issues involved, a review of what had brought us here to this point might be in order. He informed the members present that the city had received the previously referred to application in April 2003. The Lindon City Code contains an ordinance for group homes but not specifically for assisted living centers. He noted that the Standard Land Use Table permits group homes in residential zones, however, the ordinance does not define a medium-sized facility, so the compatibility standard was invoked. The Planning Commission and the City Council did not deem to find the facility as proposed as compatible and they have been considering a full ordinance for this land use.

Mr. Smith told the members that the Planning Commission held four or five hearings on the proposed ordinance. The City Council has considered the issues twice. This Work Session is to continue that discussion. He informed the Council that the Planning Commission had considered two main issues at their last meeting. He noted that Chairman Carpenter was present if there were specific questions. He referred the Council to the memo included in the staff report. The issues were whether assisted living centers should be included in R2 Overlay district calculations, and what is the appropriate size of an assisted living center in a residential district. He informed the Council that the Planning Commission's opinion is that assisted living centers should be included in the total number of units, but that the total number of units in a district should not prohibit assisted living centers. They felt like facilities should treated like accessory apartments.

Councilmember Dain asked how full beyond full would the Planning Commission consider. Mr. Smith replied that this question had not been discussed. He informed the Council that the Planning Commission had discussed whether this way of counting assisted living centers in the R2 would compete with the State mandate for affordable housing. They expressed concern that the purpose of the moderate income housing requirements may be defeated by allowing assisted living facilities to count. He noted that some Commissioners felt that a 1,500-foot radius would suffice to limit the density. He told that Council that there was also concern on how to count the assisted living centers in the R2, in other words, do we consider them the same as triplex? He noted that Commissioners Peters and Sweeten were also present and may shed some light on the Commissioners' opinions.

Chairman Carpenter acknowledged that assisted living centers serve a different purpose than moderate income housing, but noted that they do impose a burden on neighborhoods. He suggested that counting one room in an assisted living center as one unit in a triplex will not work as the impact appears to be significantly less. However, the Planning Commission was not sure what the formula should be. Commissioner Sweeten suggested that the City Attorney should be consulted on whether assisted living centers can fulfill the State mandate. Councilmember Acerson commented that the City is not fully confident that the R2 Overlay ordinance will fulfill the State mandate. Commissioner Sweeten observed that including facilities in the R2 Overlay was not a big point of discussion. The consensus of the Commission was that if they could be legally included it may be a good idea, but it was not mandatory.

Mr. Smith agreed that the question of the size did occupy the most time. He informed the Council that thirty-two bed facilities are acceptable in residential zones. But if the intent is to limit residents for the purpose of reducing the impact on a neighborhood, the Planning Commission felt that limiting beds is not the way. They felt that it would be more appropriate to restrict the size of the building and to place design standards. They also discussed having flexible side-yard setback standards, minimum landscaping requirements and parking lot design conditions. Commissioner Sweeten observed that there was not completed consensus on the thirty-two number. Some felt that there could be up to forty beds. It was felt that this number was needed so that amenities are not precluded. Chairman Carpenter agreed that thirty-two beds was a compromise between the Commissioners and agreed that a smaller number may change the nature of the facility.

Commissioner Peters observed that there are other ways that more effectively impact the blueprint of a building that limiting the number of beds. He also noted that no facts or figures had ever been submitted that the quality and number of amenities are affected by the number of beds. Chairman Carpenter agreed, but noted that the reverse is also true–that allowing more beds does not guarantee more amenities. Commissioner Sweeten told the Council that the concern of the Commission was to find way for a facility to blend in to minimize the effect on the neighborhood.

Councilmember Dain confirmed that the largest project size that the Commission recommends is thirty-two beds on one-and-one-half acres. This was affirmed. Mr. Smith noted that Planning Intern James McMurray had prepared a presentation on four facilities that seem to be similar to what is being considered. He turned the time over to Mr. McMurray for his slide show.

Mr. McMurray reported that there were four assisted living facilities in the Utah County area that appear similar in size and function as that being considered for residential zones in Lindon. He presented pictures of the facilities and described the structures, neighborhoods, parking, and appearance of impact. The four facilities are the BelAire in Orem, the Camry House in Payson, the Hearthstone in Spanish Fork, and the Stonewood in Orem. He described the BelAir as a type I facility located on 800 North in Orem. He characterized the neighborhood as a generic neighborhood of single-family homes. He presented views of the structure from different directions and then informed the Council that the impact seems to be minimal and the parking of five stalls is adequate.

The Camry House in Payson is larger and also located in a residential neighborhood. He asked the Council to notice that most of the parking is located along a wide street. There is room for eight to ten cars in front. He told the Council that this is an average neighborhood, the facility feels residential in character, and there does not seem to be much impact. He pointed out a driveway to the back of the facility and noted that there is no parking in the back. He also observed that the facility includes some independent apartments for seniors along the driveway.

Mr. Randy Jones commented that the State shows this facility as having 15 beds. Mr. McMurray replied that the administrator of the facility indicated thirty, but may be including the single units.

Mr. McMurray next discussed the Hearthstone in Spanish Fork. He indicated that this facility is located on a large lot on a collector street within a residential neighborhood. There is no other commercial in the vicinity. He informed the Council that the facility has twenty-one parking stalls in addition to some along a drive area. There is an upper middle class development going in across the street. He noted that the parking lot was half full both times he visited the project and there seems to be an excess of parking for this particular project. A member of the audience asked if he had visited on a weekend or a weekday. Mr. McMurray replied that it was a weekday, but that the administrator had stated that there was rarely a problem.

The Stonewood in Orem is located on the corner of two collectors, Main Street and 400 South Street. He pointed out in a photo that the setback is minimal. He told the Council that he had driven past this facility on the way to school growing up and had never paid any particular notice to it. He noted that most of the activity–parking and entrances–are confined to Main Street. The entrance to an interior parking lot is off Main Street. The windows face primarily on 400 South. There appears to be a low level of activity. The small lot give a feeling of coziness and safety. There is some commercial located within a block.

Mr. McMurray concluded that:
• Most assisted living centers are found in residential zones; some on the boundaries of these zones.
• The architecture is generally consistent with residential standards (low impacts).
• There are minimal parking impacts.

Councilmember Dain, looking at the list of all the assisted living centers in Utah County, asked Mr. McMurray if he had looked at all of the facilities. Mr. McMurray replied no, that he had only visited the ones that appeared most similar to the largest medium proposal. Councilmember Dain asked if all the facilities he had visited were on collectors. Mr. McMurray replied no, and added that two of the facilities were located on local, residential streets. Councilmember Dain commented that he had wondered how these facilities would function on non-collector streets. Mr. Smith observed that some of the facilities in Utah County are on local street, but that the bigger ones appear to be located within commercial zones or on collector streets.

Chairman Carpenter informed the Council that he had personally visited six or seven assisted living facilities in Utah County. He noted that some are located next to apartment buildings. He had visited with some of the neighbors and found that none had objections. He reported that two neighbors of the BelAire in Orem had serious concerns before the facility was built, but after it had opened, found that their concerns were unwarranted. He also found that some of the neighbors had placed their parents in the facilities. The only comment that seemed to recur is that there is overflow parking along the streets on holidays and an occasional Sunday.

Mayor Ellertson asked if there were other questions from the Council. He then turned the time over for public comment. Mr. Bill Cranney of 537 North 80 West told the Council that he had recently visited with a couple that live nearby an assisted living center and had asked them what they thought. They had replied that they "love it" and don't understand the controversy that is created by the suggestions of one in a neighborhood.

Mr. Randall Jones of 517 North Locust commented that it was his understanding that a facility proposed at 32-40 beds will be the largest such facility proposed in an established residential area in the county. He suggested that a smaller facility will fit into the neighborhood better. He told the Council that he had bought on Locust Avenue and expected a "open feeling" that would remain. He objected to a facility of 15,000-20,000 square feet being built across the street from his home. He would like to see facilities required to have a 30-foot side setback. He asked why Lindon is considering a compromise to the open feeling that is its trademark. He asked what would happen if the facility failed and it was sold. He asked if the building could be sold as an apartment or retirement center. The neighborhood had signed a petition to limit facilities in "established" residential districts to 16 beds and no larger than 10,000 square feet. He also felt that facilities should be regulated by the R2 Overlay so that they don't create future problems with density if they are sold. A larger facility should be limited to undeveloped areas or commercial. Those that choose to live by the facility then have a choice. He suggested that this is a fair compromise.

Mr. Scott Farrer of 623 West 20 South commented that Mr. Jones had appeared at the October 7 meeting in support of the ordinance that was presented at 32 beds. He noted that he was confused at the change in attitude. He also brought up the mention of a petition and told the Council that he had looked at a copy of the petition. He corrected the assumption of 200 signatures to be 183 signature and pointed out that the signatories had not indicated their addresses or phone number, so their residency in Lindon is subject to question. He then presented a petition of 200 verifiable signatures in support of assisted living centers of this size in residential neighborhoods. He asked the Council to consider the research that staff had prepared months ago that indicates little impact on residential neighborhoods. He felt that the comparisons are fair that were presented today by Mr. McMurray. He also observed that today's seniors expect more out of life. He asked the Council not to "undershoot" the ordinance so that nice facilities can be built in the neighborhoods where residents have spent most of their lives.

Mr. Brad Hall of 612 North 75 West commented that one of the issues raised at the Planning Commission is the size of the building and a suggestion was made to make a facility multi-level. He has researched the state's rules on building basements in assisted living facilities and presented information on ramps, elevators, stairs and the uses of rooms in the basement for residency, laundry, administrative, cooking and storage. He also expressed concerns about the Planning Commission recommendation that the R2 Overlay will never rule out an assisted living center. He pointed out that the density of a neighborhood is affected. He also objected to the emphasis placed on Mr. Farrer's proposed project as "not proper." He referred the Council to the census and description of facilities in Utah County that he had gathered from the State web site. He observed that no facility larger than 21 beds has been built in an established Utah County residential neighborhood. He commented that if the intent of the Council is to preserve the nature of residential neighborhoods, they should consider limiting the size of the building and the number of beds.

Mr. Brook Blackhurst of 133 South 740 West told the Council that he is a life-long resident of Lindon. He can understand and see the need of such facilities in Lindon, and the impact to a neighborhood. He told the Council that he has personal experience of a family member in a twelve bed facility and has found that the revenues of these small facilities are not sufficient to provide a quality life for the residents. His family member was moved to a larger facility in Orem where their physical health and interest in life has been repaired. He told the Council that he would be proud to have a facility in his neighborhood.

Ms. Shauna Beagley of 118 South 740 West commented that she had a grandmother in a small Beehive Home. There were no activities for her. She has since moved to a larger facility in American Fork and is much happier. She also expressed the opinion that she would like to have a facility in her neighborhood. She observed that our elderly have given a lot to our community and should not be shunted off "into a hole."

Mr. Mark Willis of 633 West 20 South reported that he has two grandparents living in "cold, lonely homes by themselves." He suggested that Lindon is not a rural community anymore. He expressed the opinion that Lindon residents have a responsibility to support their elderly and not be borrowing from Orem and Pleasant Grove, but stand on our own.

Ms. Linda Nelson of 318 West 625 North told the Council that she had moved from California to Lindon because of the openness and spaciousness. She acknowledged that she was one of the signatories to the Jones's petition. She agreed with the general consensus that Lindon needs to recognize and take care of its elderly. However, she believes that the need for larger facilities and the amenities they offer is a matter of taste. She commented that she is aware of the style of life in a Beehive Home, and feels that there is room for both types of facilities. She observed that the one-half acre lot is a major reason that most residents have chosen to live in Lindon and that allowing larger facilities in residential neighborhoods defeats the aesthetic feel of the community. She suggested that alternate zones be created where the larger facilities can be accommodated.

Ms. Michele Farrer of 623 West 20 South pointed out that facilities are not being "crammed" on lots less than an acre. She commented that her grandparents are being taken care of in a sixteen bed facility and that not all people want to be in larger facilities. But her other grandparent is in a 150 bed facility that operates like a cruise ship. They don't even know his name. She felt that the medium-sized facility will be a benefit to Lindon. This will allow amenities to improve health as well as entertainment. She suggested that some still need to feel part of a neighborhood. She pointed out statistics that point to an aging population and suggested that Lindon needs to plan ahead.

Ms. Amy Jones of 517 North Locust told the Council that her mother-in-law lives near the BelAire. She feels that this facility of seventeen beds is more fitting to Lindon. She asserted that larger facilities would be intrusive. She noted that the larger facilities of thirty-two beds like Hearthstone have been built in undeveloped areas and homes moved in around them. She suggested that the facilities of Lindon should be kept under twenty-one beds as these will be small enough to fit into established neighborhoods.

Mr. Mike Marchbanks of 140 South 400 West informed that Council that he is "totally in favor" of allowing medium-sized facilities in our city. He has no problem with a minimum of thirty-two beds. He told the Council that he has spend forty-seven years in Lindon. He thanked the Council for taking the time to create an ordinance that Lindon can live with. He observed that our new governor, Olene Walker, has identified three issues of critical importance to Utah residents–education, traffic and the aging population. He suggested that these are valid concerns that must be addressed on local level. He also noted that the Hearthstone facility is being surrounded by $400,000 to $500,000 homes and they see nothing wrong with the location. He thanked the Council the time they are taking to address this issue.

Mr. Glen Arnell, a local builder and resident of Lindon at 245 West 400 South told the Council that he keeps hearing concerns raised about the size of the building. He pointed out that if a home is built on the Locust Avenue lot, it can be built within ten feet of the sides. It can be "monstrous." It can demean the neighborhood and be bigger than any facility that has been proposed. It can hurt the neighborhood much worse than an assisted living facility and the neighborhood will have no say. He added that at least now the neighborhood can help decide the architecture and color. He asked the neighborhood representatives to consider this fact when they consider a facility.

Mr. Ron Nielson of 763 West 20 South commented that he was the family member responsible for his in-laws and parents. He also expressed the opinion that a medium-sized facility as proposed would be more conducive to a better lifestyle for his family members.
Mayor Ellertson observed that it was time to start the regular agenda and gave a quick summary of the comments. He agreed that the overwhelming majority agreed that Lindon needs to find a way to include this lifestyle in our community. The question remains on how to accomplish this with minimal impact. That is the challenge. He thanked all those members of the community that give their time and appreciate their input. He observed that this open process is not quick, fast or pretty at times and thanked the public for their patience.

REGULAR SESSION

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson, Mayor
Invocation: Toby Bath

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
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

The meeting began at 7:15 p.m.

PRESENTATION - Mayor Ellertson will recognize Linda Agler, Public Works Administrative Secretary, as the city's Employee of the Year.

Mayor Ellertson informed the public present that various employees are recognized during the year for their contributions to the City. This program is called the "Employee of the Year." He announced that he was pleased to recognize Linda Agler at this time. He observed that Linda was chosen for this honor because of her willingness and desire to give service, to accept additional duties and go beyond the mark, and for her development of a program that teaches Lindon's elementary students the value of our water resources. Ms. Agler was presented with the award and pictures were taken for the newspapers. There was applause from the audience.

Ms. Agler thanked her fellow employees and the Mayor and Council. She mentioned she had enjoyed a wonderful 11 years at Lindon City. She complimented the residents on their amazing children. She mentioned that she was the one honored to be able to help show them way to keep our resources clean and unpolluted. She thanked the Council and staff for their support and friendship. There was additional applause.

RECOGNITION - Mayor Ellertson and the City Council will honor the Lindon Steelers, 8th Grade Football Team, for winning 2nd place in the Western States Football Tournament.

Mayor Ellertson observed that there was additional greatness among us and asked the Lindon Steelers to stand and be recognized for their accomplishments. The team coach, Dustin Sweeten, told the audience that these eighth grade players had played together for three years and this year had been invited to the Las Vegas National Finals. They had placed second. He recognized his fellow coaches, the players and then presented the trophy to the Council for display. There was applause and pictures were taken for the newspaper.

MINUTES

The minutes of the special meeting of September 30, 2003, the regular meeting of November 18, 2003, the Executive Session of November 18, 2003, and the regular session of December 2, 2003 will be reviewed.

The Minutes of the Special Meeting of September 30, 2003 were reviewed. There were no corrections.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 30, 2003. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the regular meeting of November 18, 2003 were reviewed. The following corrections were made:
Page 6, Line 32: Replace the name "DAIN" with the name "ACERSON."
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE MEETING OF NOVEMBER 18, 2003 AS CORRECTED. COUNCILMEMBER BATH SECONDED TH E MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the Executive Session of November 18, 2003 were reviewed. There were no correction.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF NOVEMBER 18, 2003. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the regular meeting of December 2, 2003 were reviewed. There were no corrections.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE MINUTES OF THE MEETING OF DECEMBER 2, 2003. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

There was no public comment.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson reported that transit options and long-term roadway solutions are the subject of a upcoming meetings. He explained that the Mountain View Corridor is a proposal to construct a major connector on the west side of the Salt Lake and northern Utah Counties. It may connect back into the I-15 system at the new Lindon interchange. There is also discussion upcoming on commuter rail options and the extension of light rail into Utah County. He noted that Lindon is participating in discussions on the possibility of trails planning, and enclosure of the Murdock Canal. He mentioned some subjects that are being pursued at the League of Cities and Towns, such as funding of government. He noted that Local Government Officials Day at the Utah Legislature is coming up on January 21. He asked if there were questions for him. There were none.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Public Hearing - Chapter 17.66 Modification - Delivery of Irrigation Water Stock (Ordinance #2003-16). The City Council will hear public comment and possibly act to approve modifying Chapter 17.66 - Delivery of Irrigation Water Stock - by establishing a retroactive effective date of the amended ordinance to June 4, 2002.

COUNCILMEMBER DAIN MOVED TO OPEN BOTH PUBLIC HEARINGS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mayor Ellertson explained that this is a modification of water submittal ordinance. He explained that the purpose of this modification is to make the effective date retroactive. He asked if there was any public comment. There was none.

COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE #2003-16 MODIFYING CHAPTER 17.66.- DELIVERY OF IRRIGATION WATER STOCK OF THE LINDON CITY CODE. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUSLY IN FAVOR (4-0). THE MOTION CARRIED.

2. Public Hearing - General Fund Budget Amendments (Resolution #2003-14). The City Council will hear public comment and possibly act to approve amending the city's general fund budget to recognize increases in budgeted revenues and expenditures for several line items.

Mayor Ellertson commented that the City Council had deferred several items during the budget hearings for the 2003-2004 fiscal year held in June 2003. These items had been re-evaluated during the mid-year financial report given during the last meeting. He mentioned items such as personnel matters and grants for teachers. He asked if there was any public comment. There was none. He asked if there was any comment or discussion on the part of Council. There was none.

COUNCILMEMBER DAIN MOVED TO APPROVE RESOLUTION #2003-14, AMENDING THE LINDON CITY GENERAL FUND BUDGET FOR THE FISCAL YEAR 2003-2004. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUSLY IN FAVOR (4-0). THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Review and Action - Utah Auto Sales - Site Plan Amendment. This is a request by Kevin Gallagher, of Utah Auto Sales, to expand a legal non-conforming use to an area on the west side of State Street directly across from his existing dealership. The Planning Commission recommended approval with conditions. This item was continued from the November 18, 2003 meeting.

Mr. Smith noted that Mr. Kevin Gallagher was present. He observed that the Council was familiar with this item. He explained that Mr. Gallagher has requested to expand his sales lot to a parcel on the west side of State Street. He showed the Council the proposed location on an aerial photo and informed the Council that the current code does not allow used car sales on State Street. The Council had changed the code after there were five used car sales lot on State Street. This makes Mr. Gallagher's request an expansion of a nonconforming use. The Planning Commission had held a public hearing to consider the provisions of the Lindon City Code which govern expansion of nonconforming uses. He displayed the proposed site plan and noted that the site plan includes provisions for business that are permitted in the general commercial zone.

Mayor Ellertson confirmed that the lot would not be operated separately, but would continue to operate under the current business license. Mr. Smith replied yes. He observed that the Planning Commission recommended approval on the basis that it appears to comply, but noted that some of the language governing nonconforming uses in the City Code is ambiguous. They have suggested that the Code be reviewed and redrafted to clarify the ambiguities. He noted that safety of pedestrians had been an issue of much concern. Mayor Ellertson asked about a pedestrian crossing light. Mr. Smith replied that UDOT has determined that this location does not meet the warrants for a pedestrian crossing light. He then mentioned that a number of concerns had been aired from the neighborhood by Mr. Robert Dayley, but that mitigation solutions had been agreed to that allayed their concerns.

(Councilmember Bayless arrived at 8:01 p.m.)

Mr. Smith explained the Planning Commission motion for recommendation to the Council. He commented that Mr. Gallagher and the neighbors are to agreed to the design and materials of the wall that will buffer the homes from the business, that the second-story windows of the building's west elevation are to be eliminated. There is to be no public address system. Mr. Gallagher is to submit a safety plan to discourage pedestrians from crossing State Street. The lighting is to be controlled within the perimeters of the lot boundaries. It was also noted by the Planning Commission that although the ordinance does not address this situation particularly well, it appears to satisfy the requirements as written.

Mayor Ellertson asked if the Council had any questions. Councilmember Bath asked if Mr. Gallagher had prepared the safety plan. Mr. Gallagher distributed copies of the plan to the Council. He listed the ideas covered. He observed that the lot addition will contain on a specific type of vehicle and all the paperwork for those vehicles will be placed on site. He will post signs on the entrance and have little display area on the front of the lot. Councilmember Dain asked Mr. Gallagher to describe the safest route to direct vehicular traffic across the street. The "safe route" was discussed and decided on.

Mr. Gallagher mentioned the mitigation solutions that he will institute for the neighborhood. He told the Council that the design and materials of the fence are up to the neighbors to decide. There will be no public address system–he will use walkie talkies to contact sales people. He has hired greeters to direct customers to parking spaces and page salespeople. He also will only have lighting in the front of the lot. The back of the lot will be gated and locked at night. There will be no lights in back of the building. Councilmember Acerson asked if he had experienced any issues of vandalism in the past. Mr. Gallagher replied that it had been minor. Mayor Ellertson commented that if it was decided that lighting was needed in the future for security, the light must be contained within the lot.

Mr. Gallagher commented that he planned poplar trees to protect the neighbors from spilling light and to shield their homes and yards from view. The second floor windows were replaced with skylights. He had addressed the sewage and storm water issues with engineering. The building elevations were displayed and commented on. He explained the composition of the adjunct businesses that will occupy the bays and offices of the building. He also explained that he had placed the building par enough back on the property that if a property becomes available on the east side of State Street, he can move the cars and add another office building to the property. Councilmember Bayless asked if he was staying in contact with the Wok Right In and the Church. Mr. Gallagher replied yes, but he was not encouraged. He asserted that he needs the space and not the State Street frontage. He feels that his business meets the needs of the neighborhood better than almost any other business that could go in this location. He felt that he would make the best and highest use of the property.

Mayor Ellertson asked if there were any questions. Councilmember Hatch commented that Mr. Gallagher could place lighting on the fence that would shine toward the building. Councilmember Dain suggested that the safety travel route be added to the safety plan. This was agreed to by Mr. Gallagher. Mr. Smith noted that this is a conditional use permit and that all complaints are reviewable.

COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY KEVIN GALLAGHER FOR AN EXPANSION OF A LEGAL NONCONFORMING USE BY ALLOWING UTAH AUTO SALES TO EXPAND TO THE WEST SIDE OF STATE STREET FROM THEIR EXISTING LOT WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION, TO WIT:
1. THE NEIGHBORS AGREE TO THE DESIGN AND COMPOSITION OF THE WALL INSTALLED ON THE PROPERTY LINE.
2. NO PA SYSTEM BE INSTALLED.
3. NO WINDOWS ON THE WEST ELEVATION SECOND FLOOR OF THE BUILDING.
4. A PLAN FOR THE SAFETY OF PEDESTRIANS AND MOTORISTS BE SUBMITTED AS DETAILED.
5. LIGHTING BE CAREFULLY CONTROLLED.
COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Review and Action - Sport Fighting Tournaments. This is a request by staff for the City Council to review and provide direction concerning proposed "sport fighting tournaments," one of which was recently scheduled to be held in the South Towne Business Mall by the Academy of Mixed Martial Arts, LLC. This business is licensed under the category of Schools and Instruction.

Mr. Dameron explained the history of this agenda item. He reported that he and the City Council had been notified by the police department that a "no holds barred" sports tournament was planned for a location in Lindon. In response to this report, city staff had researched the business license and the City Code, and contacted the City Attorney. The Lindon City Code requires a conditional use permit for sports tournaments and this business is licensed for schools and instruction. He had met with the owners and explained that the tournament could not be held without the proper City permits. He expressed the opinion that this kind of tournament was not envisioned in the issuance of the business license and asked for direction from the Council.

The owners of the business, Beverly and Paul Tom, explained to the Council about their business. They told the Council that they teach a type of martial arts, similar to jujitsu, based on grappling. There is no punching or kicking. Their students train in this style and in a style that is a blend of martial arts, or "mixed martial arts." The competitions are based on these styles and the "no holds barred" phrase is not strictly true, but a trendy way to promote the sale of tickets.

Mayor Ellertson asked if students trained in one martial art are competing with someone trained in another. Ms. Tom replied that their competitions are licensed with the State Athletic Commission and presented a copy of their licensing and a copy of the State statutes governing these competitions. Mr. Dameron acknowledged that he had contacted the State and that the Toms had complied with all State licensing requirements. He listed some of the highlights of the statutes, such as, presence of an ambulance and doctor, and separate licensing of the competitors, promoter, judges, referees and corner. He observed that the intent and purpose of the statutes appears to be to protect the contestants. Councilmember Acerson asked if representatives of the Athletic Commission attend the competitions. Mr. Tom replied yes, and added that the actual competition is managed and run by the Athletic Commission. Ms. Tom presented a letter from the Commissioner that the Toms have complied with all requirements. She added that the competition had taken place at an alternate location in Orem.

Councilmember Dain observed that it appeared that the State does not regulate the size of the facility and whether the City has issued a conditional use permit. Ms. Tom replied that the State regulates the competitors. She explained that each competitor has a physical immediately before and after their bout. The Commissioners are present before, during and after the competition. She agreed that the Commission does not address occupancy restrictions, but that it was not their intent "to pack the house."

Councilmember Dain commented that the building intended for the competition has an occupancy limit of 100 persons. Ms. Tom replied that this occupancy load was based on the educational, instructional use. She contended that the building would have a higher occupant load if it was based on a gym, which was one of the original uses of this structure. She informed the Council that the building contains 7,600 square feet, plus they had access to their neighbor's space of an additional 3,000 square feet as the warm-up and physicals area. They had envisioned a boxing ring and bleachers to hold 200-300 people. Their intent was to keep the events small for now to build up a name and then move to larger quarters. She noted that what they envision is not cheap entertainment. She claimed that she had discussed their plans for competitions with the Chief Building Official, Phil Brown. Their understanding was that what they discussed would be okay if it was kept small.

Councilmember Dain suggested that Mr. Brown should do a in-depth occupancy study. He informed the business owners that they do need to apply for a conditional use permit. Ms. Tom reported that their neighbor had also planned a competition and that they had stopped their neighbor from going any further with their plans until this is resolved.

Mayor Ellertson explained his vision of a martial arts studio and its competitions. He commented that the competitions are held to demonstrate the skills learned as opposed to an event touted as "no holds barred." Councilmember Dain agreed and noted that it was more in the nature of a piano recital. Mayor Ellertson concurred with this assessment and clarified that the competition is held as a demonstration of what has been learned. Mr. Dameron commented that he had two sons in kenpo karate and had been to many competitions of this nature. Mayor Ellertson observed that these types of competitions are attended by parents, not as a paid admission. This puts the competitions on the basis of a sporting event.

Ms. Tom observed that many of their students attend tournaments all over the western states. These are full contact tournaments, and the competitors and audience alike pay admission. Mr. Tom agreed and explained that the "no holds barred" appellation is really just marketing. He commented that there are rules. He acknowledged that this sport is relatively new and was born from the "ultimate" fighting mentioned, but that this is different.

Mr. Smith commented that the Royal West Martial Arts Studio has been a resident business of Lindon for several years. Their competitions do not have to be sanctioned by the State. He explained that the Lindon City Code divides uses into primary and ancillary divisions. He explained that the schools and instructions use is permitted in the zone and is different from that State licensed competitions envisioned by the business owners.

Mayor Ellertson suggested that staff needs to take this information and do some review. Councilmember Dain pointed out that there is also the issue of the occupancy load. Mr. Tom asked how the occupancy load would affect his school. Councilmember Dain explained that the occupancy load restrictions are more stringent with an assembly that a school. The aisle widths and exiting door widths are of more concern. Mayor Ellertson suggested that staff look at the information submitted and possibly bring back a proposal to clarify the ordinance. Mr. Smith noted that the schools and instruction portion of the Tom's business is permitted by the Code and may continue. The events are not permitted as detailed. Mr. Tom acknowledged that his competitions could not be referred to as a recital, but should not be demonized either. He contended that his students are not backyard brawlers, but Orem and Provo police officers learning hand to hand defense methods. He also teaches about 50 children.

Councilmember Acerson commented that business owners may understand the City's concerns when they view their advertising from a uninvolved perspective. Ms. Tom explained that the reason for the competitions is to allow their dedicated students to apply the skills they have been trained to use in a safe and family-oriented environment.

COUNCILMEMBER DAIN MOVED TO REQUEST STAFF TAKE THE INFORMATION SUBMITTED AND BRING BACK A RECOMMENDATION FOR CLARIFICATION OF THE ORDINANCE. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Adjourn City Council Meeting
Convene Redevelopment Agency

COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL AT 8:56 P.M. AND CONVENE THE LINDON CITY REDEVELOPMENT AGENCY. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Re-Convene City Council Meeting

BOARDMEMBER BATH MOVED TO ADJOURN THE LINDON CITY REDEVELOPMENT AGENCY AND RECONVENE THE CITY COUNCIL MEETING AT 9:30 P.M. BOARDMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Report - Traffic Study - 600 North between Locust Avenue and 200 East. Mark Christensen, City Traffic Engineer, will present the findings and conclusions of this study to the City Council.

City Engineers, Mr. Mark Christensen and Mr. Craig Friant, were present. Mr. Christensen presented the findings for 600 North. He commented that volumes are in the 400-600 vehicles per day. He indicated that this volume is on the low end of the spectrum. He commented that speeds are three to four mph higher than on most local streets. The speeds were counted in three locations on 600 North–east of Main Street, between Main and 75 West, and between 75 West and Locust Ave. He noted that the 85th percentile speed east of Main Street is 34 mph, 33 mph between Main and 75 West, and 33 mph between 75 West and Locust Avenue. He told the Council that the expectation of the85the percentile is 30 mph.

Mr. Christensen also addressed the safety of the Main Street intersection. He noted that this intersection had been mostly built to the design, but that there were two locations where the road surface is low–one eight inches low and the other four inches low. He observed, however, that the improvements meet the standards of ASHTO and, if maneuvered at anywhere near posted speed limits, were safe. He recommended that the improvements remain as constructed as reconstruction is unwarranted.

Mayor Ellertson asked if there was a way that an approaching vehicle from the east could be hidden from motorists on the west side of Main Street. Mr. Christensen replied that the sight distance is 500 feet. He recommended an area that a no passing zone be indicated in the pavement striping for additional safety. He also recommended three speed humps be installed, striping as indicated in his report, enhanced traffic enforcement, and an additional traffic study after installation to evaluate the effects of the recommended measures.

There was discussion on the traffic control measures recommended and the estimated costs. It was noted that these measured are in addition to measures implemented by the City already, such as street lights, a stop sign, and additional speed limit signs. Mr. Christensen also noted that there were several measures that were suggested by the neighborhood that were not recommended. He directed the Council to Appendix D of his report for the reasons that these measures are not recommended.

COUNCILMEMBER DAIN MOVED TO ACCEPT THE TRAFFIC STUDY ON 600 NORTH STREET AS PREPARED AND PRESENTED BY MR. CHRISTENSEN OF JUB ENGINEERS AND TO APPROVE THE RECOMMENDATIONS FOR TRAFFIC MEASURES AS STATED THEREIN. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Report - Traffic Study - I-15 Off Ramp and 2800 West. Mark Christensen, City Traffic Engineer, will present the finding and conclusions of this study to the City Council.

Mr. Craig Friant presented the traffic study for 550 North 2800 West. He presented the traffic counts and speeds for both 550 North and 2800 West at this location. He found that the traffic volumes were larger on 550 North than on 2800 West. He presented the MUTCD recommendations for a four-way stop and recommended that the stop sign be removed from 550 North and placed on 2800 West.

Councilmember Dain asked the best way to get drivers used to the change without creating more accidents. Councilmember Bath suggested flags, oversized stop signs, advance signs, and markings on the pavement. Mayor Ellertson commented that there were two other entities involved in these streets, American Fork City and Utah County. The various methods of getting a driver's attention were discussed. It was decided that flags, reflective tape on the posts, and oversized stop signs were good options. Mr. Dameron recommended that the striping on the pavement be changed also. It commented that it behooves the City to get attention to the new stop signs anyway possible.

COUNCILMEMBER DAIN MOVED TO ACCEPT THE TRAFFIC STUDY OF 550 NORTH 2800 WEST AS PREPARED AND PRESENTED BY MR. FRIANT OF JUB ENGINEERS AND TO APPROVE THE RECOMMENDATIONS FOR TRAFFIC MEASURES AS STATED THEREIN, WITH THE ADDITION OF THE ATTENTION-GETTING MEASURES AS DISCUSSED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. Review and Action - "On-Call" Amendment to the Lindon City Policies and Procedures (Resolution #2003-15). This is a request by staff to amend the Lindon City Policies and Procedures for "on-call" requirements and payment for those employees who serve in this capacity.

Mayor Ellertson drew attention to the Resolution and asked if there were any questions. He asked if the employees subject to the on-call change were aware of this proposal. Mr. Dameron replied that the changes were instigated by and supported by these employees.

COUNCILMEMBER DAIN MOVED TO APPROVE RESOLUTION 2003-15 AMENDING THE LINDON CITY POLICIES AND PROCEDURES MANUAL CONCERNING THE "ON-CALL" SECTION OF THE PERSONNEL POLICIES. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain had nothing to report. He thanked the Council for the support and fellowship of the years he had served. The Council returned the thanks for job well done.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch had no report for tonight.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless had no report for tonight.

STREET, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath had no report for tonight.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported a blocked storm drain on 200 South 1200 East.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Noted that the Engineering Coordination meeting is scheduled for Friday, December 19, 2003 at 7:30 am. Councilmembers Acerson and Bayless volunteered to attend.
2. Announced the Lindon/Pleasant Grove Coordination meeting for January 5, 2004 at 4:45 p.m. Councilmembers Acerson and Bath volunteered to attend.
3. Asked if there were any additional projects from the Tracking List that the Council would like to review. There were none.
4. Commented to Councilmember Bayless that the catalogs for "Lindon Days" flags were available to review.
5. Reported that the 800 West connector between 600 North and 700 North would be paved tomorrow if the temperatures reached forty degrees. He noted that Walmart would like to close 600 North for construction and this was the reason for the push to open the connector.

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

ADJOURN

COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL AT 10:33 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - January 20, 2004

back to top