The Lindon City Council held a regularly scheduled meeting on Tuesday, August 3, 2004 beginning at 7:00 p.m. in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: H. Toby Bath, Mayor Pro Tem
Pledge of Allegiance: Jerald I. Hatch
Invocation: Bruce Carpenter

H. Toby Bath, Mayor Pro Tem
Jeff Acerson, Councilmember (arrived 7:26 p.m.)
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

Larry A. Ellertson, Mayor

The meeting began at 7:10 p.m.

THE COUNCIL REACHED CONSENSUS TO HOLD THE APPROVAL OF THE JULY 20, 2004 MINUTES TO THE MEETING OF AUGUST 17, 2004.

OPEN SESSION - Citizens comments

There was no public comment. Councilmember Carpenter noted that Ms. Linda Nelson and Ms. Nancy Zundel were present in the audience. He commented that the Council had been discussing her presentation on architectural design for State Street at some length. Mr. Dameron added that the City had advertised a request for qualifications for architectural firms as she had suggested. Ms. Nelson commented that she had talked with Mr. Paul Anderson at the School of Architecture at the University of Utah. She wondered if an architecture student could help with the project. Councilmember Bayless replied that using a student would delay the project by at least a semester. Mayor Pro Tem Bath agreed, and added that the Council would consider the options.

Mayor Pro Tem Bath commented that Mayor Ellertson would report at the next meeting.

CONSENT AGENDA - No Items

1. Public Hearing - R2 Overlay Zone Amendment. Staff requests this public hearing be continued to allow more time to research and to gather additional information.

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

Mayor Pro Tem Bath asked if there were any comments from the public. There were none. Mr. Dameron explained that staff needed more time to research the options for an amendment to the R2 Overlay ordinance.

COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE PUBLIC HEARING FOR AN AMENDMENT TO THE R2 OVERLAY ORDINANCE. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Site Plan Review - Low Book Sales. This is a request by Dave Nielson of Low Book Sales for site plan approval for a 3.5 acre used car lot at 600 North State Street in the CG zone. The Planning Commission recommended approval with conditions.

Mr. Smith introduced this item to the Council and audience by pointing out the loction on an aerial photo and showing the proposed site plan. He informed the Council that the Planning Commission recommended approval to the Council with eight conditions:
1. Berm the landscaping on 600 North to protect the neighbors.
2. Allow driveway access to 600 North lined up with 400 West and post it "no right turn." Mr. Smith commented here that the Planning Commission had discussed putting traffic restrictions in the driveway to direct vehicular traffic to the left, but did not ultimately recommend this solution to the Council.
3. Relocate the parking stalls near the southeast corner of the building to allow full access around this structure.
4. Require a silent paging system to reduce noise pollution and shielded lighting to reduce light pollution in the neighborhood.
5. Install a waterfall as part of the landscaping in the front corner of State Street and 600 North.
6. Increase the rock accents on the front of the building and use earthtones for the building materials and roof structure.
7. Prohibit any truck loading or unloading on 600 North.
8. Prohibit test driving in the residential areas.

Mr. Smith presented the building elevations to show where the Planning Commission would like more stone accents. Mayor Pro Tem Bath suggested starting at the first recommendation for discussion purposes. He commented that his question is whether there should also be a berm on State Street. Mr. Dave Nielson of Low Book Sales replied that he would prefer not to have a berm on State Street for more customer visibility. He would like to limit the berm to 600 North. He added that the Planning Commission had recommended that the berm be limited to the east side of the 600 North access, be a minimum of three feet high and included trees. Mayor Pro Tem Bath observed that he personally prefers the appearance of gentle berms in landscaping. The Council discussed the fact that a three-foot berm over a distance of twenty-feet of depth is not much rise. Mr. Nielson observed that he was willing to put in extra trees to help protect the residential neighbors.

Ms. Amy Clay of 363 West 700 North commented that her understanding of the Planning Commission discussion is that the berm would be three-feet high all along 600 North with an increase in the height as it goes east. Councilmember Bayless agreed that this had been discussed, but was not included in the final recommendation. Mr. Nielson commented that there is no code requirement to berm and that the recommendation of the Commissioners fulfills the desire to protect the neighborhood. Mayor Pro Tem Bath suggested that a berm would limit the visibility of motorists exiting from the driveway access to 600 North.

Mr. Nielson commented that he would like the berm to not be as "aggressive." He added that he was willing to add a few extra trees to increase the barrier. Ms. Linda Nelson of 318 West 625 North suggested that a wall behind the berm would make a nice barrier. She also suggested that the white rail fence be put on hold until the City determines its architectural design standards for State Street. Mr. Dameron replied that the white rail fence is a repeating element that was decided on eight years ago and is required by the Code as part of the Lindon’s identity and the "country" theme.

Mr. Smith commented that the Lindon City Code requires a three foot berm with trees thirty-foot on center and a white vinyl fence on all street frontages. Mayor Pro Tem Bath asked if the berm is optional. Mr. Smith replied no and added that there is an option to modify it. He noted that the Planning Commission felt it was acceptable to have the berm lower to accommodate display. He observed that the berm is five-feet high at the Total Health Institute office and three feet at Walmart. Councilmember Carpenter commented that he preferred the visual element of greenery, but he understands the business owner wanting his display to be visible to passers-by on State Street. He observed that the intent of the ordinance is to reduce visibility of parking lots. Mr. Smith observed that the intent is not to damage the commercial viability of the State Street corridor. Mr. Dameron commented that the berm at Country Cars does not obscure the display. Mayor Pro Tem Bath asked Mr. Nielson what effect a three-foot berm would have on his display. Mr. Nielson did not know. Councilmember Acerson commented that the Low Book name is well-known and the display may not be a problem. Mr. Nielson replied that he did not pay a premium price for the State Street frontage to cover up his cars, but he did not know how a berm would affect his sales. Mayor Pro Tem Bath suggested that a landscape architect may give some advice.

Mr. Nielson asked if the Council was inclined to require the berm. Councilmember Hatch suggested a lower berm than three-feet high. Mr. Nielson expressed reluctance to commit to something that may damage his sales, although he agreed that a berm would beautify the frontage. Councilmember Carpenter suggested that a lower berm would still be attractive and would not obscure the cars. Mr. Nielson replied that he was not opposed if it would accomplish this objective. Councilmember Bayless suggested that the berm be extended from State Street all along 600 North. Ms. Clay observed that visibility of the display is not needed on 600 North. Mayor Pro Tem Bath commented that he was more concerned about safety for motorists entering 600 North than the visibility of the display. Ms. Clay suggested that the berm can be tapered near the access. Mayor Pro Tem Bath wondered if the berm for 600 North was "overkill" since there would be no test driving. Mr. Nielson replied that he had committed to installing a berm to the neighborhood and so would be installing a berm as required.

Mayor Pro Tem Bath asked about the Planning Commission’s recommendation on parking stalls. Mr. Nielson replied that he has already redrawn the site plan to comply with this recommendation. He commented that his business hours are from 9 a.m. to 9 p.m. and after business hours he would like to close off the area for security. Ms. Kathy Rockhill of 380 West 600 North asked if there will be enough parking for customers when these stalls are removed. She commented that she was concerned about parking on the street. Mr. Nielson replied that he has twenty stalls for customers, but customers choosing to park on the street is out of his control. He added that he hopes they don’t park there since there is adequate parking inside the lot. Councilmember Hatch commented that the curb on 600 North can be painted red. Mayor Pro Tem Bath noted that this can be done if needed, but he suggested that the street be "lined" so that customers feel uncomfortable parking there.

Councilmember Carpenter commented that the Planning Commission’s recommendation to prohibit truck unloading or loading on 600 North can be expanded to include no parking of employee or sales cars. The Council agreed. Mayor Pro Tem Bath asked where the truck loading and unloading is planned. Mr. Nielson replied that he buys locally and ships seldom if at all. He noted, however, that things change and he must be realistic. He observed that the Larry Miller dealership in Murray unloads on State Street. Councilmember Bayless commented that she has noticed haulers unloading in the suicide lane. Mr. Nielson observed that unloading can take place in the parking lane along State Street.

Mayor Pro Tem Bath asked if there was other discussion. Mr. John Wilhite, architect, pointed out that this site plan did not have the access to 600 North lined up with 400 West, but that this "draftsman error" would be corrected. Councilmember Bayless observed that there were other issues, but that she was comfortable with the ones that had been discussed. She suggested that the Planning Commission’s recommendation on the appearance of the building be discussed next. The Council agreed.

Mr. Wilhite observed that the Planning Commission had recommended more stone wainscoting in the front elevations. Mr. Nielson explained that the building is based on the John Mecham dealership in Park City. He presented photos of this dealership. Mr. Wilhite agreed and pointed out the rough sawed beams, exposed rock, and earthtone colors. Mr. Wilhite commented that he had tried to stay away from the stereotypical look and create something unique.

Councilmember Bayless suggested that the motion include mention of the 181 parking spaces for sales vehicles and the 20 customer parking spaces. Ms. Clay asked that the motion also include mention of display lighting containment and dimming the lights at night. Mr. Nielson observed that the light will be contained within the boundaries and that he does not want light shining into neighbor’s homes. His concern is security when he considers dimming the lights at night. Captain Cullimore of the police department agreed that lights keep property safe and that dimming the lights attracts crime. Councilmember Carpenter commented that one of his concerns is that the cars reflect light and he asked that Mr. Nielson consider trees on the berming to reduce this effect. Mr. Nielson replied that he was willing to partially dim the lights, but wants the property to stay safe. He felt that the lighting expert should be asked to evaluate and make recommendations about the level of the lighting.

Ms. Clay observed that there were dealers in Lindon who display their vehicles on the landscaping. She would like a prohibition mentioned in the motion. Mr. Smith replied that the Lindon City Code does not allow displays on the landscaping and the dealers in Lindon have been put on notice, but that employees, on occasion, mistakenly place vehicles in this location. He asked for neighbors to call him and report any such incidents. Ms. Rockhill asked that no test driving in the neighborhood be made very clear. Mayor Pro Tem Bath observed that the vehicles will have a dealer plate and to watch for them. Mr. Nielson replied that he has a similar restriction on Salt Lake and has had no problems. Councilmember Acerson suggested that Mr. Nielson transition the berm on 600 North to meet the height of the berm at the Total Health Institute. Ms. Nelson commented that she appreciates Mr. Neilson’s willingness to accommodate the neighborhood’s needs.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY DAVE NIELSON FOR SITE PLAN APPROVAL FOR A 3.5 ACRE USED CAR LOT AT THE CORNER OF 600 NORTH STATE STREET WITH THE FOLLOWING CONDITIONS:
1. ALL LANDSCAPED AREAS ADJACENT TO DEDICATED STREETS BE BERMED TO A MINIMUM OF THREE FEET WITH THE BERM CLOSEST TO THE EAST SIDE ALONG 600 NORTH MATCHING THE EXISTING BERM AT THE TOTAL HEALTH INSTITUTE WITH A SMOOTH TRANSITION.
2. ACCESS TO 600 NORTH LINED UP WITH 400 WEST BE ALLOWED, POSTED "LEFT TURN ONLY."
3. A SILENT PAGING SYSTEM BE USED AND ALL LIGHT POLLUTION BE CONTAINED WITHIN THE PREMISES. THE LIGHTING WILL BE DIMMED AT NIGHT AS APPROPRIATE UNDER ADVISEMENT FROM A QUALIFIED LIGHTING ENGINEER.
4. A FOUNTAIN CONSTRUCTED ON THE CORNER OF 600 NORTH AND STATE STREET IS INCLUDED IN THE LANDSCAPING.
5. BUILDING COLORS ARE APPROVED AS NOTED, SPECIFICALLY EARTHTONES, AND ROCK ACCENTS BE ADDED TO THE FRONT OF THE BUILDING AS RECOMMENDED BY THE PLANNING COMMISSION.
6. NO TRUCK LOADING OR UNLOADING ON 600 NORTH, AND NO PARKING OF EMPLOYEE OR LOT CARS ON 600 NORTH.
7. NO TEST DRIVING IN RESIDENTIAL AREAS.
8. A LIMIT OF VEHICLES BE ESTABLISHED TO THE AVAILABLE PARKING, TO WIT: 181 SALES CARS, 18 CUSTOMER AND 38 EMPLOYEE PARKING SPACES.
9. NO CARS DISPLAYED WITHIN LANDSCAPED OR BERMED AREAS.
COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Preliminary Plat - Lindon Bluff, Plat "A." This is a request by Dan Parkinson for approval of a three lot residential subdivision in the R1-12 zone at 800 North 650 East. The Planning Commission recommended approval.

Mayor Pro Tem Bath asked Mr. Smith to present this agenda item. Mr. Parkinson was not in attendance. Mr. Smith explained that the Council was familiar with this application from the first time it was reviewed; it was an R2 Overlay application that was denied. The applicant has reapplied for a three-lot subdivision of single-family homes. He displayed the proposed plat and pointed out the lots that are approximately 15,000, 21,000 and 15,000 square feet each. The Planning Commission has recommended approval. Mayor Pro Tem Bath asked if there was any discussion. There was none.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY DAN PARKINSON FOR APPROVAL OF LINDON BLUFF, PLAT "A," A THREE-LOT SUBDIVISION AT 800 NORTH 650 EAST. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Presentation - "U" in Utah. Steve Jury, from "U" in Utah, will present an economic stimulus proposal which could benefit Lindon City through job creation and economic development.

Mr. Steve Jury distributed materials to the Council and explained his proposal. He commented that this project has been in the works for three years and he has met with almost all the elected officials of Utah. He explained that this proposal is to complement the programs of the Department of Business and Economic Development at the state and local levels to deliver 50,000 jobs to the State of Utah, and 20,000 jobs to Utah County. He noted that his company is willing to assume 100% of the risk, but if these companies stay long term in Lindon, they are asking the City to pay $100 per job per year for a maximum of ten years. He explained that, if for any reason, the jobs leave town, the City will not owe another payment. He observed that his company is committed to the long term good of Lindon.

Mr. Dameron asked if this is a brand new idea. Mr. Jury replied that it is the result of three years of intense study of the marketplace. He explained that no one has taken a hard look at economic development from a private market incentive. He explained his background in sales and marketing to Fortune 500 companies. He commented that he has a deep conviction that what is needed is a different approach. Councilmember Acerson asked if he as planning this as a full-time job. Mr. Jury replied that he will be full-time as of the first of the year in conjunction with a possible state-wide contract.

Councilmember Acerson commented that, conceptually, it appears to be a good idea, but wondered about incentives. Mr. Jury replied that he would be working with all agencies, state, county, and local, to be able to offer incentives. He assured the Council that he would not be offering anything not approved and authorized. He commented that it would be a "collaborative effort." Councilmember Carpenter asked how contacts would be tracked for payment. Mr. Jury replied that his firm will document in writing who their prospects are and who they will be calling on. He asked that the City do the same. He explained that he does not want the City paying for something that is not earned. He felt that having identical accountability will ensure little or no problems.

Councilmember Carpenter pointed out that the various communities in Utah are competitors for economic development. He asked how Mr. Jury planned to avoid conflict. Mr. Jury replied that he would match the available resources of a community to the needs of the customer. He assured the Council that he would be completely impartial and would be working to find the best fit for the company. Councilmember Carpenter observed that Lindon is a small community with little to offer as incentives. He suggested that Mr. Jury may find himself in the situation where a larger city such as Provo might be "upset" about a proposal going to Lindon, and Lindon losing out because Provo is the larger account. Mr. Jury replied that he was committed to a long term relationship with all his accounts and would leave the decision to the company itself. Mayor Pro Tem Bath asked what benefits Lindon would see if the larger cities can offer better incentives. Mr. Jury pointed out that it would not cost Lindon anything until he delivers jobs to Lindon. Councilmember Carpenter observed that the plan is "performance based."

Mr. Jury commented that he would be proved either a visionary or idiot. He explained how he came to Utah with Covey Communications company. He commented that one idea he has been struck with in his travels is the difference between the perception and the reality of life in Utah. He suggested that Utah is getting "bad-mouthed," and that very few people have a positive conception of how pretty, how productive and how friendly Utah is. He would like to change that. He believes in Utah and would like to put Utah "on the map." For his plan to actually work, he needs the cooperation of the cities.

Councilmember Acerson observed that Mr. Jury has obviously researched the potential for jobs that will come to Utah County. He asked what is envisioned. Mr. Jury replied that he has not focused on the type of job or the particular industry, but more on the large companies that relocate or open subsidiaries. He observed that he would like to start work quickly and wants to earn Lindon’s trust. Mayor Pro Tem Bath replied that the Council would like to take this under advisement. Thanks were exchanged.

5. Presentation - Mountain States Lighting. Craig Duncan, of Mountain States Lighting, will present an overview of the services offered by his firm and discuss a city-wide lighting proposal with the Council.

Mr. Craig Duncan introduced himself and his company as a full-service street lighting company. He displayed a power point presentation that explained his company’s products and services. He commented that the products are manufactured in Utah and stressed the efficiency and lower costs associated with using his products. He explained that Mountain States Lighting would like to help Lindon set up development standards and ordinances regulating lighting in the city. He commented that his firm would like to become Lindon’s "lighting experts," and that they offer "total lighting solutions." He answered questions from the Council about his products and clients. Mr. Dameron observed that Mountain States Lighting has offered to help Lindon develop a master lighting plan. Mr. Duncan agreed that they have helped several cities develop this plan to create uniformity throughout the city. All they ask is that Lindon allow them to bid on lighting contracts. Councilmember Bayless commented that this may prove to be particularly valuable for planning the west side. After a short discussion, THE COUNCIL REACHED CONSENSUS TO HAVE STAFF WORK WITH MR. DUNCAN ON A LIGHTING MASTER PLAN FOR LINDON CITY.

Councilmember Hatch initiated discussion about the conditional use permit issued to Skip Dunn and the moving of the Alpine Auto nonconforming use. He observed that the trees in front of Low Book Sales had been removed. Mr. Dameron explained that UDOT had required the removal to facilitate new curbing.

Councilmember Bayless commented that the Lindon Days parade was impending. After a discussion, it was decided to accept the offer of vehicles from Lexus of Lindon and to wear matching shirts and hats.

Councilmember Bath reported that the homicide of three years ago is now going to trial. He reported a weed problem west of the I-15 Interchange and asked about the new lights at the southbound offramp of the new interchange. Mr. Dameron explained that the wrong mast poles had been ordered and would be replaced in a couple of weeks. The lights would be operational after that date. There was also a question about installation of lights at the Walmart intersection. Mr. Dameron replied that these were scheduled for three to four weeks after the opening.

Councilmember Acerson reported on preparations for Lindon Days and asked if the sign message had been changed in the park. Mr. Dameron replied that this had been completed today. He reported that the Lindon Days booklets were in the mail. He also reported that Comcast had damaged a water line in his neighborhood. He asked about irrigation water availability and reported that some people are starting to water during non-watering hours. The timer on the freeway landscaping was reported as allowing watering during the daytime hours. Mr. Dameron replied that the quantities of irrigation water available appear to be satisfactory for the rest of the summer and that he would have the timer checked.

Councilmember Carpenter had no items to report for tonight.

Mr. Dameron:
1. Asked for requests from the tracking list. Councilmember Hatch asked about the marble manufacturing process. Mr. Dameron replied that the processes are scrutinized in the Development Review Committee, which consists of representatives from the fire, sewer, building and planning departments. There were no requests from the tracking list.
2. Pointed out two letters included in the staff report–one of appreciation from the homeowners association of Canberra Oaks and one from a concerned senior citizen.
3. Asked the Council to review a proposed agreement for the700 North right-of-way.
4. Noted scheduled public hearings for the Council. He commented that there will be a public hearing for the surplus vehicles as discussed in the budget hearings, and one to discuss an amendment to the billing policy.
5. Remarked that the staff reports also has copies of the latest information on UTOPIA. He informed the Council that the bonds closed on July 29 for $85 million and the first phase will start soon.
6. Informed the Council that he would be gone the next three days to attend an URMMA conference in Cedar City.
7. Told the Council that the recycling sign ups are now at 240 homes. There was a discussion on the proposed recycling contract and the scheduled Work Session to talk to manager of BFI, Mr. Gordon Raymond.
8. Asked the Council who was planning to go to the Utah League Conference. He noted that there had been some trouble getting rooms and explained that many of the attendees were registering for more rooms than they needed and that some would become available later as numbers are confirmed.
9. Asked the Council’s opinion of a proposal to place a "Freedom Gallery" at the City Center. The Council discussed location for the gallery, costs, and public interest and decided to forego the proposal for now.

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

COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL AT 9:47 P.M. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - August 17, 2004