|
|
Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2003 Council Minutes » February 18, 2003 Minutes
February 18, 2003 Minutes
The Lindon City Council held a regularly scheduled meeting beginning with a Work Session at 6:00 p.m. on Tuesday, February 18, 2003 in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember (Arrived at 6:50 p.m.)
Jerald I. Hatch, Councilmember (Arrived at 6:15 p.m.)
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Phil Brown, Chief Building Official
Venla Gubler, Administrative Clerk
ABSENT
The Work Session began at 6:09 p.m.
WORK SESSION
The Mayor and Council will meet in a work session with the Planning Director and the Chief Building Official to hear reports on the current year data and discuss issues and concerns for fiscal year 2003-2004.
Chief Building Official Phil Brown drew attention to the 2002 Annual Report of the Community Development Department and explained that this report gives statistics on building projects for the last year and attempts to project the next year's development. Mayor Ellertson noted that there were three duplexes built last year. There was a discussion of the differences between duplexes, accessory apartments and second kitchens.
( Councilmember Hatch arrived at 6:15 p.m.)
Mr. Brown asked the Council to look at the chart on page four and pointed out that the number of total building permits was substantially lower. In consequence, the number of inspections was lower also. It was noted that the value of commercial and industrial construction was reduced by 67%. There was a discussion of the valuation of commercial projects and new proposed projects that may come to Lindon. Mr. Brown and the Council discussed the propensity for custom homes to be built in Lindon and how the inventory of improved lots could affect the numbers number of homes being built. Mayor Ellertson commented that it appears Lindon City has about one year's worth of improved lots in inventory.
Mr. Smith noted that there were no homes built that fit the moderate income housing requirement. He was asked what the median value is in Utah County. Mr. Smith replied that this value is about $160,000. He also observed that the strongest market in Utah County is for the first time home buyer. Mayor Ellertson commented that there were more homes built in previous years than last year.
Mayor Ellertson commented on the number of new businesses that are being constructed in the area of 2000 West near the freeway. Mr. Dameron commented on the vacancies that are being experienced by some commercial building owners. Mr. Smith replied that the economy is still under pressure.
Mr. Smith drew attention to the project list that was included in the Planning Commission statistics on page seven. He noted that not many lots had been approved this year, but there had been a number of design reviews. He explained that he encouraged design reviews. He directed attention to page 8 eight which lists the code enforcement statistics. The Council discussed the vacancies in a nearby strip mall.
Mr. Smith explained his use of door hangers and public notice signs to notice residents of code violations and controversial development applications, respectively. He brought up the subject of a code enforcement officer and suggested hiring an off-duty police officer. Mayor Ellertson mentioned the slower pace of applications and asked if there was an opportunity for someone in the office to spend some time on code enforcement. Mr. Brown replied that the workload had only reduced to a manageable, normal pace. He added that the office staff is catching up with the back log of work and may find it easier now to give better customer service and a faster return on requests. Mr. Smith commented that Lindon City had hired the first planner at the 4,000 resident level. Now Lindon has almost reached the 10,000 resident level. He added that code enforcement is half of a planner's work load. He pointed out that more time is needed for long term planning, economic planning, and grant writing.
Mr. Brown asked if the Council was satisfied with the level of service being offered by the department. Mayor Ellertson replied that he did not receive many calls from residents. Mr. Brown asked if there were glaring code violations that catch their attention as they drive the streets of Lindon. Councilmember Acerson mentioned the trail on 400 North as an area needing attention. Mayor Ellertson replied that the Public Works Department was working on a solution to this problem. Mr. Smith added that weed abatement all over the city was a big problem in the summer months. He suggested that if a part-time person is hired, this person could help keep up with both public and private weed abatement issues. Councilmember Acerson commented that vacant land in any neighborhood becomes a construction dumping ground.
( Councilmember Dain arrived at 6:50 p.m.)
Mr. Smith asked if the Council was satisfied with code enforcement issues as they are. He suggested that if there is dissatisfaction, the suggestion for a part-time person should be considered. Councilmember Bayless expressed concern about a code enforcement officer looking for issues rather than responding to complaints. Councilmember Dain agreed. Mr. Smith replied that the department is not looking for more to do, just someone to manage what is being done now.
Mayor Ellertson expressed the opinion that the department is doing a good job and the residents have confirmed this to him. He expressed appreciation for the work that is done and the fact that Lindon residents can take pride in our community. Mr. Brown thanked the Council for the opportunity to work and live in Lindon. Mr. Smith also expressed his gratitude for the support of the Council.
REGULAR SESSION
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Jeff Acerson
Invocation: Larry A. Ellertson
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 7:04 p.m.
RECOGNITION- The Mayor will recognize Linda Agler, Public Works Departmental Secretary, as the city's Employee of the Quarter.
Mayor Ellertson observed that one of the programs initiated in Lindon City is an "Employee of the Quarter" award to recognize the outstanding efforts of a deserving employee. He commented that he is pleased to announce that this quarter's award is well deserved by Public Works Department Secretary Linda Agler. He informed the audience that Ms. Agler serves the public well, is dependable, and has taken the initiative to teach a water conservation program to elementary school children. He thanked Ms. Agler for her work in the community and commented that she represents the City Council well on a daily basis with the public. The audience applauded Ms. Agler as she came forward to receive her award. Pictures were taken for the newspaper and her family.
Ms. Agler expressed gratitude to her fellow employees and Council for this unexpected recognition. She observed that she had learned much about the way the city functions and enjoyed working with the children in the community. She informed the Council that she was working on acquiring a new demonstration to show children what happens to our water after it comes down the canyons. She noted that her goal is to have every child in Lindon aware of water conservation issues. She thanked the Council and staff for the support given to her in her endeavors. She introduced her family and friends to the Council.
MINUTES
The Minutes of the meetings of January 21, 2003, an Executive Session on January 21, 2003, and of February 4, 2003 will be reviewed.
The Minutes of the regular meeting of January 21, 2003 were reviewed. The following corrections were made:
Page 1, Line 36: Replace the misspelled word "conpleted" with the word "completed."
Page 2, Line 2: Replace the word "that" with the word "them."
Page 2, Line 26,27: Delete the sentence "Councilmember Bayless commented that she uses the one at the gym."
Page 2, Line 38: Replace the word "for" with the words "but are." Add the words "willing to pay" after the word "only."
Page 2, Line 42: Add the phrase "but when responding to the question about paying for it indicate" after the word "programs."
Page 2, Line 43: Add the word "for" after the word "pay."
Page 3, Line 4: Replace the word "help" with the word "change."
Page 6, Line 27, 28: Replace the words "that had been" with the words "like those."
Page 7, Line 17: Delete the word "the" after the word "that."
Page 9, Line 11: Replace the word "of" with the word "regarding."
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 21, 2003 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Minutes of the Executive Session of January 21, 2003 were reviewed. Corrections were made.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF JANUARY 21, 2003 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Minutes of the regular meeting of February 4, 2003 were reviewed. The following corrections were made:
Page 3, Line 8: Replace the word "apprehended" with the phrase "resulted in the apprehension of."
Page 7, Line 11,12: Replace the words "TO THE NORTH" with the phrase "MAKES SEWER CONNECTION FEASIBLE AS DETERMINED BY THE CITY ENGINEER."
Page 7, Line 21,22: Delete the words "VINYL-COATED." Add the words "SIMILAR TO THAT IN THE NEW I-15 OFF RAMP PROJECT."
Page 11, Line 18: Add the word "were" after the word "there."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 4, 2003 AS CORRECTED. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments
Ms. Rachel Thacker and her son of 338 N 650 W asked for a street sign for 100 East that would recognize the "Titans" of Timpanogos Academy. The Timpanogos Academy is located on this street. She asked that the street be named "Titan Trail." Mayor Ellertson explained that the street number is the official address and would also accompany the name on the street sign. The Council discussed her proposal and reached consensus to approve the sign addition. Mayor Ellertson asked if there were other comments. There were none.
MAYOR'S COMMENTS/REPORT
Mayor Ellertson observed that he did not have anything new to report and asked if there were questions for him. There were none.
CONSENT AGENDA - No Items
CURRENT BUSINESS
1. Public Hearing - Zoning Ordinance Amendment, Chapter 17.49 - Metal Buildings in Industrial Zones. This is a request by Buck Robinson of KBR Systems, Inc. to modify architectural design requirements of the Light Industrial zone to allow for a specific type of metal building. The Planning Commission has recommended approval with no changes from the proposed amendment.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARINGS FOR ITEMS ONE AND TWO ON THE AGENDA. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Smith explained that a request had been received by from Mr. Buck Robinson to change the current Light Industrial Zone ordinance to allow a specific type of metal building. He noted that currently, the ordinance requires a certain percentage of brick, block, or other decorative embellishment. The Planning Commission has agreed that the specific type of building requested might be appropriate for this zone. Mayor Ellertson commented that the metal panels give the appearance of stucco to a structure. He asked if this was actual stucco. Mr. Robinson replied that some buildings do have actual stucco, but this shown is a high-tech paint process. He commented that the paint on concrete tilt-up buildings lasts about four to five years. He added that this type of structure will look the same ten years from now. Councilmember Dain confirmed that this type of construction has a better insulation factor than tilt-up concrete. Mr. Robinson replied that the R-value of these metal panels is higher than a concrete tilt-up. He added that this system was developed in Alaska for severe weather conditions. Panels in Utah are typically R20, but it can be rated higher if desired.
Mayor Ellertson asked how long this product has been available. Mr. Robinson replied that this style of stucco-embossed panel has been available since the mid-1990's. He explained that the system was first used for commercial freezer panels to keep the cold in. It was adapted later to keep the cold out.
Mayor Ellertson suggested that the Council review the proposed wording of the ordinance. He noted that the existing ordinance allows the Planning Commission discretion to approve other materials on a case by case basis. Mr. Smith agreed, but observed that the decisions could become arbitrary and be construed to allow all metal buildings. Mayor Ellertson asked if similar technology should also be considered. Mr. Smith suggested that the amendment be specific and other types of similar construction be considered when they apply. Mayor Ellertson suggested that paragraph two refer to paragraph one. Mr. Smith verified that this would only allow stucco embossed panels. Mayor Ellertson confirmed this statement. Councilmember Dain suggested adding the word "steel" or "metal." Mr. Smith explained the Planning Commission's recommendation to add the wording "adequately trimmed with contrasting colors," and the two examples of acceptable buildings for reference.
Mayor Ellertson asked if contrasting colors could be used as bands of colors on the panels themselves. Mr. Robinson replied yes and commented that it has become a trend to use contrasting colors. Various examples of acceptable and non-acceptable metal buildings were discussed. The Council discussed how this type of construction compared in cost to other types of building materials. Mayor Ellertson asked if there were any comments from the public. There were none.
COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE 2003-1 TO AMEND CHAPTER 17.49.-INDUSTRIAL ZONES TO ALLOW THE CONSTRUCTION OF A SPECIFIC TYPE OF STUCCO EMBOSSED METAL BUILDING IN THE LIGHT INDUSTRIAL ZONE AS RECOMMENDED BY THE PLANNING COMMISSION. COUNCILMEMBER DAIN 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).
2. Public Hearing - Zoning Ordinance Amendment, Chapter 17.68 - Reimbursement Fees. This is a request by staff to amend the Reimbursement Fees ordinance to better clarify and assist in administering these agreements. It became apparent after the last reimbursement application that some changes are necessary. The Planning Commission has recommended approval with suggestions.
Mr. Smith explained that after the last reimbursement agreement, changes to the ordinance were requested to clarify certain requirements and statements. Councilmember Dain commented that the ordinance can be narrowly described as a way to negotiate resolve a feud between two property owners. Mr. Smith informed the Council that the Planning Commission has recommended that the Council consider reimbursement for land. Mayor Ellertson agreed in certain situations where most of the right-of-way comes from one side rather than evenly from each side.
Councilmember Dain disagreed. He suggested that the reimbursement agreement should be used as a last resort when the neighbors cannot agree on their own. He felt that if land reimbursement is not allowed, it may shorten the process. Mayor Ellertson agreed that the property owners can negotiate whatever they want between themselves, but if they agree that property should be included, the City should not step in and exclude it. Councilmember Dain expressed the opinion that excluding the property costs would make it more enticing for the property owners to work out their differences and not involve the city as a referee. Mayor Ellertson suggested that it appears that the City is sympathetic to the property owner that is taking advantage of the other's desire to develop. He asked if this was fair. Mr. Dameron suggested that property owners might be enticed to bring their disputes to the Council if they think they can get land values reimbursed by bringing the disagreement to the Council for arbitration.
Mr. Smith noted that typically, past agreements have not allowed reimbursement for land. He pointed out the proposed amendments to the rest of the ordinance. Mr. Dameron suggested that the word "adjacent" be used instead of "neighboring" in Section 17.68.020. Mr. Smith pointed out the change from 10 to 30 days in Section 17.68.030. He noted the deletion of the word "certified" to allow other types of return receipt delivery. He also pointed out that there is no need to hold a public hearing because this is an item of particular interest to only those affected and not the general public. He noted the removal of all references to impact fees.
Councilmember Dain suggested the addition of the word "actual" before the word "costs" on page three, line four, in item one. The Council discussed the fact that interest is not collected for the developer. He is able to recover his development costs only.
Councilmember Dain asked if the City's costs to administer an agreement are collected if a developer does not collect his costs back within the time limit. Mr. Smith replied that if a neighbor waits out the term of the agreement, the city's costs are not recovered. He observed that the city receives full street improvements rather than half streets in these situations. Mr. Dameron suggested that the fee to apply for a reimbursement agreement could be increased to cover some of these costs incurred by the City. The Council discussed this suggestion. Councilmember Dain suggested that raising the fee could be another way to make involving the city City unattractive. He noted that the City pays for engineering fees and spends time helping to negotiate an agreement, while the developer's only investment is the current $350 fee.
Mayor Ellertson brought up the creation of nuisance strips when a full street is required and a neighboring property owner refuses to participate. Mr. Smith observed that nuisance strips can be weedy, but they allow for reimbursement to the developer before any neighboring owner can connect to either utilities or road improvements. Councilmember Dain pointed out that a developer can be unfair and charge anything he wants for access across a nuisance strip. Councilmember Acerson pointed out that some developers put in the roads without expectation of reimbursement.
Councilmember Dain suggested a $1000 fee. Councilmember Acerson suggested that the developer pay all costs to the City up front. Mr. Dameron suggested that the application fee remain at $350 and the developer reimburse the City for all additional costs before the agreement is executed and recorded. Councilmember Dain agreed and suggested some wording. Mayor Ellertson suggested that another wording addition be made that encourages property owners to work together. Mr. Smith asked if the Council preferred him to make the changes and bring it back. The Council discussed the changes that had been suggested. It was decided to add a new purpose section and fees section to cover these suggested items. It was also decided to change the form to an ordinance rather than an agreement. Mayor Ellertson asked if there was any public comment. There was none.
COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2003-2 -REIMBURSEMENT ORDINANCE WITH THE CORRECTIONS AS PROPOSED, THE ADDITION OF A PURPOSE AND FEES SECTION AND TO AUTHORIZE THE MAYOR TO REVIEW AND APPROVE THE FINAL ORDINANCE. COUNCILMEMBER BATH 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).
COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Discussion - Interlocal Cooperative Agreement for North Utah County Groundwater Study. This agreement has been proposed by the Central Utah Water Conservancy District, the Utah Division of Water Rights, and the USGS for an updated groundwater study to be performed by USGS for North Utah County. Each city in the area to be studied is being asked to participate financially with the other parties to the agreement. The Council will discuss the proposed agreement and give direction to staff.
Mr. Dameron presented this proposed agreement to do an underground water study. He noted that the assessment to Lindon City is a total of $8,150 over the next four years with the first year's amount set at $1,630. Mayor Ellertson questioned the methodology of the assessment. This was discussed. Councilmember Dain commented that this study would benefit all participating entities. Mr. Dameron suggested that the agreement be put on the consent agenda for the next meeting after checking out possible errors in the methodology. The Council agreed to this suggestion.
4. Discussion - Westside Master Plan. This is a follow-up meeting concerning a staff request for the Council to continue to review and discuss the westside area relative to residential master planning. This discussion is in anticipation of the joint work session with the Planning Commission scheduled for Tuesday, February 25 at 6 p.m. Tonight, the Planning Director will have a slide presentation for the Council to review.
Mr. Smith introduced his slide show presentation by informing the Council that he hopes to start the process of visioning before the joint meeting of the Planning Commission and Council next Tuesday. He told the Council that the area involved is about 750 acres total on both sides of the freeway with about 450-500 acres on the east side of the freeway. He suggested that it might be considered a wise use of city resources to have proposed area streetscapes drawn by professional designers. The Council discussed the designers that Mr. Smith suggested to take on this project. Mr. Smith suggested that this might help bring the different visions of each individual member to a consensus.
Mr. Smith showed the various slides he had compiled. He suggested that these demonstrate good design elements. There were slides of a 70-year old neighborhood in Salt Lake City and a new neighborhood in Provo. There were also slides of the River Woods project in Provo and the Gateway project in Salt Lake City. He pointed out tree canopies, wide landscape strips, wider sidewalks, porches, inviting walkways and vistas, and fountains. He commented that these features appeal to all age groups and classes.
(Councilmember Acerson was excused at 9:10 p.m.)
The Mayor and Council discussed the preservation of the traditional Lindon elements in the new section of the City. Councilmember Hatch expressed the preference to have various developers involved and not one huge project under one developer. Councilmember Bayless expressed concerns on making the housing affordable. Councilmember Dain suggested a possible density bonus for a developer if they include one-half acre lots in some areas. Mayor Ellertson expressed concern about incompatible housing styles. There was discussion of association of the area with Lindon rather than with Pleasant Grove, a possible change in demographics, the general plan, providing services, and dealing with the treatment plant.
Mr. Smith thanked the Council for their input and reminded them of the joint work session on Tuesday, February 25 at 6:00 p.m.
COUNCIL REPORTS:
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain had no report for tonight.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch explained the history behind a letter from the Housing Consortium. The Council discussed the question of continuing support for the Consortium or disbanding it. They reached a consensus to continue support. Councilmember Hatch requested the speed trailer for 40 South.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless reported that the list of activated military personnel from Lindon would be ready this week. She asked about progress in planning to pipe the Murdock Canal. Mayor Ellertson replied that information and planning meetings are being announced.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath had no report for tonight.
PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER
Councilmember Acerson was excused.
ADMINISTRATOR'S REPORT
Mr. Dameron:
1. Asked for requests to review projects on the tracking list. There were no requests.
2. Noted the list of businesses had been included in the staff report. Mayor Ellertson asked each Councilmember to mark those that they would like to visit and set up some times that would be convenient for appointments.
3. Asked if the Council would support a proclamation in support of the Boy Scouts "Scouting for Food" Drive for March 4th. The Council agreed. Councilmember Bayless suggested inviting a scout unit to Council meeting on this day.
4. Pointed out a news report about two young men from Lindon and asked if the Council wished to honor them on March 4. The Council agreed.
5. Asked if there was a discussion on the UTOPIA update. Councilmember Bayless asked about a rumor. Mr. Dameron replied that the rumor is false. He commented on the proposal to make Dynamic City a partner rather than a contractor. This was discussed.
6. Announced the Engineering Coordination meeting for Thursday, February 20. Councilmembers Acerson and Bath volunteered to attend.
7. Noted the Joint Work Session with the Planning Commission next Tuesday.
8. Reminded the Mayor of his scheduled meeting with Mayor Danklef of Pleasant Grove on February 28.
9. Noted that the list of residents serving in the miliary was being compiled.
10. Asked for an RSVP from Councilmember Bath for the Utah League meetings. Councilmember Bath declined to attend.
11. Noted that the Planning Commission had approved the Utah Auto Sales site plan. They left the driveway as is and required 20 customer parking spaces.
12. Reported that berming would be completed as per the site plan at the Total Health Institute on 600 North.
13. Reported that a street light would be installed at the entrance to the Lindon City Park in conjunction with the new sign.
14. Reported that the asphalt patch on 200 North 400 East had been repaired.
15. Reported that the "Children at Play" sign for 40 South had been ordered.
16. Announced that the City was negotiating to accept credit and debit cards in payment of utilities and other city fees on line. Debit cards would be accepted first at the front desk. He noted that Western Community Bank had been very generous is in providing the technology to allow the City to offer this new program. He also noted that development of module programs for the web page were next on the horizon.
17. Asked for input on a request for contribution to a Redevelopment Agency organization. Mayor Ellertson observed that the League of Cities and Towns represents Lindon's interests in this and other matters. The Council agreed.
COUNCILMEMBER DAIN MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN
COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:23 p.m. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - March 4, 2003
|
|
|
