The Lindon City Council held a special meeting on Tuesday, June 29, 2004 at 7:00 p.m. in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

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

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Kevin Smith, Planning Director
Gordon Duval, City Attorney
Venla Gubler, Administrative Clerk

Ott H. Dameron, City Administrator

The meeting began at 7:16 p.m.

MINUTES - The minutes of the regular meeting of June 15, 2004 and others will be reviewed during the regular meeting of July 6, 2004.

OPEN SESSION - Citizens comments

There was no public comment.

Mayor Ellertson disclosed that his report would be dispensed with for tonight.

CONSENT AGENDA - No Items

1. Review and Action - Nonconforming Use Relocation and Expansion. This is a request by Dustin Sweeten on behalf of Low Book Sales/Country Cars to relocate and expand a non-conforming use, and in addition, sell the use to Low Book Sales. The current business of Country Cars is located on a .75 acre lot at 570 North State Street. The new business of Low Book Sales would be on a 3.5 to 4 acre lot at approximately 600 North State Street across from the new Wal-Mart store. This item was continued from the special City Council meeting of June 23, 2004.

Mayor Ellertson introduced this item and informed the Council and audience that this is a continuation of the discussion from a week ago. He commented that the Council had heard a number of public comments and that the meeting had ended with no opportunity for Low Book Sales to respond. He asked if Low Book Sales would like to take the time now. Mr. Sweeten and Mr. Nielson came to the front.

Mr. Sweeten observed that the last meeting had tended to concentrate only on the negative and he would like to try and address the positive. Since the last meeting, Low Book Sales had met with the neighbors and as a result of that meeting and other information, there were a few things to clarify to the Council. He informed the Council that he was no longer requesting to move the use at for Country Cars at 565 North State. He was not in favor of litigation against his landlord and would not continue this course. He felt that his landlord has the right to use his land as he intends, and he has found that a right to used vehicle sales exists at Alpine RV at 159 South State that has been verified by city staff. His proposal is to move this use. He also informed the Council that he has purchased the right to the nonconforming use at Vantage Auto at 370 North State. He asked the Council to approve the move if they feel that the request complies with the ordinance. If they feel that it does not comply, he will understand a denial.

Mr. Dave Nelson observed that he wanted to address the concerns of residents that were raised at the last meeting and tell about Low Book Sales. He commented that one of the problems with the neighborhood is the stereotype of a used car dealer. He explained that the typical used car dealer brings images of old cars, flat tires, old engines, and buildings that are prefab or small. He invited the public and Council to Salt Lake City to see his current facility. He explained that his business would be hard to distinguish from a new car dealership. He informed the Council and audience that his projected budget for this new building is $2 million and the land will be an additional $2 million for a total project of $4 million. This is before there are any cars on the lot. He also wanted to explain about the type of cars he sells.

Mr. Nielson commented that his partner, Jared Clark, is not here tonight. He explained that they have decided that it will be his responsibility to operate the Lindon facility. He informed the Council and audience that he and Mr. Clark started their business at 18 years old. They applied for a dealer’s bond and license when they were 19 and became the youngest bonded car dealers in the United States. Their bond and license were issued in 1996. Their annual gross revenue then was $141,000. Since then they have constructed a building and moved their business to 1185 South Main Street in Salt Lake. They have worked 15 hours a day, 6 days a week, to build their business and fulfill their ambition to become a used car empire. The Lindon location will become their second location. Their annual gross revenue has increased to $40 billion a year and their employees have increased from two to fifty-seven.

Mr. Nielson described the Low Book Sales building in Salt Lake. He told the Council that this building is a $1.2 million, state-of-the-art structure. His original intention was to develop a "unique look" characteristic of his business, but he understands Lindon’s desire to also have a look characteristic to Lindon. Therefore, he had his architect draw up several options to help define the "little bit of country" Lindon is desiring.

Mr. Nielson described his operation as "high tech." He explained that his operation is based on a book by John Marriot that sets standard operating procedures so it runs smoothly. He informed the Council that he has developed a 356-page manual that outlines the operating procedures for his business. He explained some of the procedures and high-tech gadgets that he uses. He informed the Council that he aggressively markets to customers with less than perfect credit. These are good people, not criminals or "buy here, pay here" types. All of the contracts are sold to a listing of over 50 national lenders.

Mr. Nielson commented that he "humbly" understands why the neighbors in Lindon are "attacking him with pitchforks." He pointed to the value of the homes in the neighborhood and commented that some are influenced by the stereotype so that no matter what he says, they will not change their mind. He commented that he respects their opinion and wants to wants to make sure that they are making an educated opinion. He observed that this parcel on State Street is a prime commercial property with over 52,000 cars a day that pass by. He considers his employees as his associates and family, and really believes that a person is only as good as the people you surround yourself with. He described some of his key employees. He believes in the future growth of Utah County and feels that he can attract valuable people to work with him. He informed the Council and audience that customer service is a huge part of his business. His silent policy is that his employees are empowered to take care of the customers. He feels that this is one of the reasons that Low Book Sales is now the largest "single-location" dealer in Utah. He told the Council that he would like to become an asset to Lindon and that he loves what he does.

Mr. Nielson addressed the concerns of the neighbors. He commented that the biggest concern is the children and told the audience that he has four children. He observed that test drives are also a concern. He informed the Council that his business in Salt Lake is surrounded by homes. He invited the neighbors here to talk to his neighbors in Salt Lake. He commented that Ms. Linda Nelson did just that and found that they gave him a good report. She also walked through his facility in Salt Lake. He reported that his sales people accompany every test drive. When he adopted this policy, purely for liability insurance to start, he found that it was a good selling tool. It gave the sales person an opportunity to talk with the customer. He informed the Council that his facility does not have a loud paging system, but uses a cordless phone and paging system. He noted that this was instituted to reduce noise for his neighbors as there was just a fence separating the business from their yards and homes. He also retained a lighting engineer to contain light within the property and not flood the houses. He commented that he did not want the liability of test driving with 30-40 kids around in this neighborhood. He gave his commitment that this will not be an issue and offered to pay a fine if any salesperson was found to be taking a test drive within the neighborhood.

Mr. Nielson addressed property values. He noted that there were many beautiful homes that surround this property. He suggested that the key to property values is what type of building is constructed on this property. He referred to his description of his building earlier and displayed his artist’s conception. He suggested that this building is comparable to a new car dealership like Ken Garff and Larry Miller. He observed that no other business would be willing to work with the neighbors like he has. He informed the Council that it is his understanding that Best Buy has inquired about the property. He asked if the Council and neighborhood would rather have a Best Buy. He suggested that they drive by one and commented that they are a huge operation. He observed that maybe the property could be used for a gas station. He commented that there is always a better use, but that there are some worse uses that the code will alllow. He asked if Best Buy owners would go to the neighbors on a Saturday and meet. He observed that the does not want to be enemies with his neighbors and will do things to beautify the neighborhood. He listed the amenities that he intends to include in his site plan, such as a waterfall and landscaping berm. He addressed the subject of crime and told the Council and neighborhood that he has only had two cars stolen since he had been in business. He suggested that a Circle K or Seven11 would probably have more crime.

Mr. Nielson commented that traffic is a huge concern for the neighborhood. He pointed out that a car dealership is not a huge volume traffic generator like Wal-mart, Best Buy or a gas station. He informed the Council and audience that his busiest day he might have 40 vehicles and most weekdays there is most commonly only 5 vehicles. He observed that another factor to consider is that his business is closed on Sunday, when Best Buy or Maverick is not closed. He pointed out that he also closes at 9pm and possibly have some of the lights illuminating his lot be dimmed at that time. He asserted that he is willing to accommodate the neighbors. He realized that some neighbors would rather have an Olive Garden and the traffic associated with it because of the stigma associated with used car dealers. He agreed that the best possible use for the neighbors would be as a park, but this is a commercially zoned parcel that has a large amount of traffic passing.

Mr. Sweeten told the Council that he did not want to debate who has the rights to the nonconforming use and he also did not want to litigate the issue with his landlord. He suggested that allowing the use to transfer from either Alpine RV or Vantage Auto is a way to accomplish the move within the City Code and still not add to the number of car dealerships on State Street. Mr. Nielson asked if there were questions. He commented that the site plan is a preliminary plan and he is willing to negotiate the details. He added that he does not care about the entrance to 600 North. He pointed out the water feature and berm on the proposed site plan. He suggested a left turn only sign on the entrance to 600 North. He observed that test driving on the residential streets had never been an issue in Salt Lake. He assured the Council and neighborhood that the business would be clean and meticulous. Mayor Ellertson thanked Mr. Sweeten and Mr. Nielson for their presentation. He observed that he had been handed a note that there were some spokespersons from the neighborhood that would like to speak.

Mr. Jay Deher of 331 West 625 North introduced Mr. Micheal Sederstrom, attorney for 19 homeowners in the 600 North Street area. Mr. Sederstrom asked the Council if he may address some preliminary legal issues. He pointed out that Lindon City Code Section 17.24.02 provides that all owners of a property must apply for a conditional use permit. The owner of the subject property has not signed as a partner in the application. He observed that the City is relying on Section 17.16.030 to decide if the use can be moved and enlarged. He read section (1) to the Council and explained that this code section applies to moving "to another location on the lot," not to a completely different lot.

Mr. Deher observed that the City Councilmembers have the right idea that residents do not want more car dealerships. They have a duty to protect the City. He expressed concerns about the market appeal of this particular business’s advertising and whether this market represents Lindon. He felt that this may attract an element of crime to their neighborhood.

Mr. Deher expressed concern about the proliferation of lights and traffic. He observed that most of the neighborhood is concerned about their property values. He presented a comparative marketing analysis that he had prepared showing that all of Lindon would be negatively affected by this commercialization. He explained that adding commercial enterprises, such as a used auto dealer, to a residential neighborhood creates a negative connotation in a buyer’s perception. One home or more is sold for less because of this perception. This sale is used as a comparable to determine the value of other homes in Lindon and their values become less. He asserted that a luxury auto dealership does not have this effect, but a used auto dealership does. He declared that this assumption is backed by numbers and findings. Councilmember Bayless asked Mr. Deher what commercial business he would be comfortable with in his neighborhood. Mr. Deher claimed that he would prefer the Best Buy. There was an audible opposing reaction from the audience. Mr. Deher observed that he obviously does not speak for everyone, but he feels that his position is supported by facts. He realizes that some sort of commercial is inevitable for this parcel and if he had to pick one over all the others, it would not be Low Book Sales because of the traffic and crime that are attracted by their advertising. Mr. Sederstrom averred that the application should be denied because the code does not refer to a different lot at all.

Ms. Linda Nelson of 318 West 625 North observed that all the neighbors want something good for the neighborhood, but there is a difference of opinions on what that is. One thing that everyone agrees on is that they want as little traffic as possible. She commented that the neighbors are hoping for the best, they just have different ways of getting there. She pointed out that, first of all, the neighborhood has realized that they have moved to area that is only two blocks from State Street. This is a commercial zone, with potential for huge growth, especially with the new off ramp on I-15 tying to 700 North. Commercial expansion will come. Then there is the new Wal-mart opening on the corner of 700 North and State Street. She asserted that crime increases within a seven mile radius of a Wal-Mart and that a used car lot will not affect this increase. She observed that she realizes that some neighbors are reacting emotionally, but all will still have to be realistic. It is not fair or unreasonable to expect the neighborhood to remain the same, but to have some input into what kind of business will affect the neighborhood. She commented that Low Book Sales has gone to great effort to address the concerns of the neighbors and she does not see any other business doing that. She pointed to the building’s style and the extensive landscaping as exceptional.

Ms. Nelson observed that the effects of commercialization to the neighborhood’s real estate values are debatable. She pointed to the proximity of the commercial zone and commented that residents run the risk of development. However, there are other factors to consider in real estate value, such as the one-half acre lots that limit growth. She would like to help the City create an identity like Park City has done, with building design criteria and rigid guidelines. This is what creates and maintains property value for Lindon residents. She suggested that a used car dealership that is "classy" can co-exist with Lindon’s residential values. She addressed the market appeal of Low Book’s advertising and commented that it works for them. "Low Book" is a key phrase in the auto industry. They have the right to advertise as they wish. She noted that the business owners had met with the neighbors. The neighborhood voted at the end of the meeting for those opposed and those in favor. The neighborhood is split fairly evenly among those who attended. She added that the entire neighborhood had not been polled. She expressed appreciation for Low Book Sales’ willingness to work with the neighborhood. Mayor Ellertson thanked the neighborhood representatives for their comments. He asked City Attorney, Gordon Duval, if he had any comments.

Mr. Duval addressed Mr. Sederstrom’s points and expressed the opinion that the reference to 17.24.010 as a conditional use permit does not apply to the current application. He then addressed the reference to 17.16.030 and explained that the first section does prohibit moving, expansion and altering of a nonconforming use, but the second section provides the exception to the rule. This section is where the Lindon City Code authorizes a move when certain conditions are met.

Councilmember Bayless asked for an explanation of Mr. Deher’s comparative market analysis. Mr. Deher explained that this analysis is used to determine how much a home is worth. He drew attention particularly to the sale of one home on 600 North that was originally valued at $237,000. It sold for $197,000. He suggested that the owners "gave away" the house in an attempt to move away from the encroachment of commercial interests. He commented that this affects all the values in Lindon because comparable sales are hard to find within Lindon boundaries. As values "plummet" in the 600 North neighborhood, it will affect the values of all the homes in Lindon.

Mr. Conrad Storrer of 388 West 600 North informed the Council that the sale referred to above is his home. He commented that he has purchased a vehicle from Low Book Sales in the past. He described himself as self-employed. He observed that he was not aware of any appraisal on his home for $237,000, but he bought the property for $197,000 with $4,500 in concessions from the previous owners. He contended that a Best Buy would bring more traffic to the neighborhood than a used car dealer. He purchased the home to raise his family and wants a business there that will bring far less traffic and danger for his children. He expressed the opinion that he would rather have Low Book Sales’ berms and trees than cinder block walls. He questioned the appraisal value mentioned by Mr. Deher and felt that he bought his home for a fair value.

Mr. Sederstrom asked to address Mr. Duval’s comments. He asserted that section 1 specifically states that a use cannot move to another location on the lot. He asserted also that if you skip that and go to section 2a, it says that the addition or enlargement, not move "will be in harmony" with the zone and neighboring uses. He contended that a move is not permitted and this move in particular will not be conformity or in harmony. Mayor Ellertson replied that the intent of this amendment to the code was to allow a move. Mr. Sederstrom averred that the intent is not apparent in the letter of the law.

Ms. Myrl Clements of 399 West 700 North asked why the residents of 700 North have not been asked to participate. She commented that their homes are older and not as expensive as the new homes on 600 North, but they are just as affected. She observed that they lived on a dead end street for many years before the new homes were built in the Ivory Homes subdivision and they have accepted the opening of the street. She asked why the residents of 700 North were not invited to the neighborhood meeting. Ms. Nelson replied that all those that came to the previous City Council meeting were invited.

Mr. Carl Clements of 399 West 700 North commented that there has been a lot of talk about home value. He observed that when he moved to Lindon there was a beer joint a block away. He commented that they knew it was there when they moved in and feel that it did not affect the value of their home. He disagreed that having a used auto dealer would affect the value of their homes. Ms. Betsy Niel of 378 West 700 North cleared up a misconception about moving a building rather than a business use.

Mr. Travis Beardall of 122 South 640 West introduced himself as a resident and a business operator for the last three years. He expressed concern on how hard it is to establish a business in Lindon in State Street with the number of cars regulated. He told the Council that he was told there would be no more used car dealers on State Street, period. He asked where the line will be drawn now. He had to fight to get their dealership. Why was he told no more and now the Council is considering another dealership?

Mayor Ellertson replied that the Council’s concern is the limited State Street frontage in Lindon and that they saw the number of car lots growing within a very short period of time. The opinion was that the limit should be set at the current number of businesses at that time. The nonconforming use ordinance allows for changes in the dealership, but the intent is not to create any more. Mr. Beardall asked if the concern is not to have "bumper to bumper" cars on State Street, what will happen when Larry Miller wants to expand to State Street. Mayor Ellertson replied that the intent is that there will not be any more used car dealerships on State Street. Councilmember Bayless explained that Mr. Sweeten is allowing his use to become their use. The ordinances allow a use to move, but there is a limit on the number of used car dealerships on State Street.

Ms. Kathy Rockhill of 380 West 600 North expressed concern that this used car lot will become similar to another car lot in Lindon that cannot manage the cars on the property they have. She observed that there are cars parked on State Street and on side roads because there is no parking within the property and they have more cars than room. She expressed concern that cars will be parked on the landscaping for display purposes. She expressed the opinion that she does not believe Mr. Nielson. He is just delivering promises. She feels that this is Lindon’s opportunity to get a nice business in this location. She suggested that a franchise restaurant may attract a higher clientele. She believes that most businesses will work with the neighborhood and this is not a one-time opportunity for Lindon.

Ms. Cynthia Martins of 744 North 350 West told the Council that she had moved to Lindon four years ago. She asked if the City planned on installing speed bumps and signs for "Children at Play" for the neighborhood. She pointed out that there were no sidewalks in some of the neighborhood and no busses for children in elementary school. Mayor Ellertson replied that there are many areas of Lindon where there are no sidewalks and this has been an item of discussion in the Council for some time. He explained that the Council commissioned a traffic study for 600 North to determine baseline data, and a second study is scheduled when Wal-mart opens to address the traffic issues that arise.

Ms. Diane Loitz of 354 West 625 North asked for the same courtesy of speed bumps as the residents of 600 North near the new LDS chapel. She commented that this section of 600 North will see a lot of traffic with the new Wal-Mart opening soon. Mayor Ellertson replied that the issue in this case is a matter of finding the proper fix when the problems are identified. Ms. Loitz observed that the traffic will affect her home and she and her family feel that they have no control and the City is not hearing her voice. She expressed frustration. She feels that the street is not safe, but no one seems to listen. She commented that 600 North is not engineered for traffic like 800 North. Mayor Ellertson replied that he appreciates her concerns and that she is not forgotten. The problem is that speed bumps may not be the best solution in this case and that the "proper fix" needs to be determined.

Ms. Nancy Zundel of 352 West 600 North asked about the traffic signals on State Street. Mayor Ellertson explained that lights are presently planned for both 600 North and 800 North and will be installed by UDOT when the warrants are met. He explained that "warrants" are standards applied by UDOT. He added that one thing he wants the residents to understand is that any public agency attempts to listen and be compassionate. He apologized that the City did not appear to be responsive to concerns, but decision have to be made based on the issues, not on the number of people who are voicing concerns. It does not mean that the City Council does not care or that they are not listening.

Councilmember Bayless commented that the reason the City Council is not moving on traffic calming for 600 North at the moment is that the Council wants to find and implement the appropriate traffic calming measure. She added that the Council understands that there will be an impact, but that there is a value to waiting to see what that impact will be. It has been the experience of the Council that an inappropriate measure taken and replaced affects the taxes that the residents pay also. It is important to see that the impact is addressed properly and not act rashly. She agreed that it is frustrating, but necessary.

Mr. Ron Pulley of 340 West 625 North commented that his concern is the visibility limitations of ths s-turn in 600 North. He noted that it is a blind turn at both ends and that children are in the area. Councilmember Bath replied that the Council has asked for additional patrols in this area. Councilmember Hatch agreed that this turn is a problem that is aggravated by vehicles parking along the curves.

Mr. Carl Calaway of 332 West 625 North commented that he is aware that waiting is necessary, but the American Fork Wal-Mart is packed and the children in the neighborhood dart to the street without warning. Hhe asked how long the City will wait after the opening to finish the traffic study. Hhe felt that it would help to have the neighborhood aware of the time frame.

Mr. David Rockhill of 380 West 600 North commented that "Wal-Mart blows my mind." He said that it is like having a "hurricane" at "the doorstep" and knowing you should "run for the hills." He noted that he is trying to understand the Council’s position on waiting, but the speed bumps are needed. Wal-Mart is opening and there will be a major problem and soon the traffic will be out of control. Mr. Rockhill acknowledged that the Council has a hard job. The neighborhood is emotional and divided. He told the Council that A-Plus made promises to the neighborhood that were not kept. He felt that the neighborhood would be reassured to know the study date.

The Council discussed the traffic study time line and it was disclosed that the study would be conducted by the Traffic Engineer soon after Wal-Mart opened and traffic patterns were established. The original study that determined the "base line" was discussed and some residents asked to review it. Mr. Smith replied that he had this study available for inspection. Mayor Ellertson commented that if the results of the first study had been glaringly evident, the Council would not have waited to implement calming measures. Mr. Rockhill commented that the neighborhood is "preparing for the storm." There was a question about whether the traffic study had assessed the traffic hazards on the s-turn. Mayor Ellertson replied that the traffic study had covered the speeds and number of cars in multiple places on 600 North. Councilmember Acerson commented that he thought the s-turn had been included, but that this can be checked.

Mayor Ellertson suggested that the discussion get back to the matter at hand. He summarized the discussion and noted that the question remains on whether to allow a move of the nonconforming use to that location. Ms. Clements commented that she is not favorable to an opening to 600 North at 400 West. Councilmember Bath commented that it may be necessary to have an entrance there for public safety interests. Ms. Clements replied that it could be an emergency exit rather than an every day exit in that case.

Councilmember Bath observed that he moved from Orem, behind the Smiths, for many of the same reasons the residents of this neighborhood did. When he moved to Lindon, there were few homes between 900 East and 400 East. Since then, the Junior High School and the Elementary School has been built and there are homes all around him. He asserted that it has been disturbing to deal with, but he has learned to and come out with a determination to do better than Orem. Lindon still has one-half acre lots and open country. He observed that State Street is Lindon’s commercial corridor. The businesses that locate here pay a lot of taxes and the revenues from these businesses help the residents. He commented that it is hard to give up the freedom and to face the fears. He has learned from working with Orem and Lindon for the last thirty-five years and Lindon is doing a better job than Orem. There are not nearly the problems. He expressed admiration for Lindon’s Planning Department and asked the residents to be a little more tolerant. He agreed that it is a "hard pill to swallow" to have to say yes to a larger car dealership, but if the law allows it, the Council has to say yes and cannot deny their application. He commented that it will be better for the residents to have a business there that is accommodating and willing to work with them. There are entities that do not care if they infringe on people’s rights. He mentioned that he works now for the school district and has to fight for the right thing every week. He observed that he had spent many a sleepless night thinking about this, but has come to the conclusion that this may be the "best bet for the whole community."

Councilmember Hatch agreed with Councilmember Bath’s comments. He commented that he realizes that some of the neighbors are in agreement and some are not. He pointed out that the property to the south of this parcel belongs to him. As the closest landowner, he will probably be impacted more than any of the other neighbors. He acknowledged that he does not live there, but he spends a good share of time there. When their homes were built, that impacted him also. He has met every family in the neighborhood except one. He explained that he had declared a conflict of interest when the Total Health Institute was proposed because of his land’s proximity, and as a result has suffered. This time he decided to have an active part in the discussion and has come to the conclusion that no other business owner has been as good to work with as Mr. Nielson. He suggested that the neighbors would come to the same conclusion if they had worked with as many contractors and developers as he has. For these reasons, he asserted that he supports the move of the nonconforming use and the location of Low Book Sales on this parcel. He asked if there were any questions from the audience. There were none.

Councilmember Carpenter addressed a "somewhat different issue– the greater good of the community." He agreed that those who are the most affected should be given the most weight, but not all the weight. He commented that there has been a lot of talk about State Street as a commercial district and discussion about the appropriate use of State Street. This subject has driven many recent and earlier decisions of the Council. He observed that the principle motivation is that retail commercial serves the entire community through the tax base. There are, however, other ways to support the community. He suggested that any business that locates along Lindon’s State Street frontage should, first of all, serve the Lindon residents and not Utah County at large. This just brings in outside traffic and additional problems. He addressed the Wal-Mart decision as a "tough" decision on whether this store would serve Lindon residents first. He pointed out that there is no grocery store or drug store in Lindon and Wal-Mart would be the first. The Council had to decide if the location proposed would be one that would so negatively impact the community that the benefits would not outweigh the drawbacks. This is the reasoning that drove that decision, and, he admitted that it may be larger than what Lindon needs.

Councilmember Carpenter acknowledged that he has struggled with moving and expanding the car lot. He considers Mr. Sweeten as both a friend and neighbor. He has come to the conclusion that this is a business that is not needed as a local business. There is a limited amount of State Street frontage and Lindon needs to be careful how much is committed to businesses that do not serve the residents. Lindon residents will end up with more traffic and no drug store or doctor’s offices. Lindon residents will be the losers. So, to meet the total needs of the community and to accomplish the broader goals of the general plan, he is not in favor of the application. He admitted that he was impressed by the presentation, but not persuaded.

Councilmember Bayless told the public that she has seen every presentation of the applicant to both the Planning Commission and the Council. She expressed appreciation to the applicant for their willingness to change the appearance of the building to better fit in with Lindon’s vision, and to work with the neighborhood to alleviate concerns, and now she would like to share her concerns. She informed the audience that she started in the City by becoming a member of the Planning Commission and has now been a Councilmember for twelve years. When she was in the Planning Commission, she participated on a committee to help plan future needs on State Street. At that time, the committee recommended integration of strict architectural elements and to prohibit car lots. These recommendations were not accepted by the Council at the time because there was a strong concern about increasing the tax base before limiting the businesses. She suggested that now is the prime time to enforce the architectural standards–it is time to be more creative and decisive.

Councilmember Bayless observed that when the Council recently voted to limit car lots, her intention was to lessen the numbers. The intent was not to drive them out, just reduce the number through attrition. She explained that there were time limits placed on how long a use can remain vacant before the nonconforming use expires. There were other Councilmembers that saw the ordinance amendment differently, but either way, there was total agreement that used car dealerships should not dominate State Street. She commented that she has been impressed with Mr. Sweeten. He works with Lindon’s youth and has served with the Planning Commission. His heart is involved with Lindon. He has owned and operated two businesses in Lindon that were well cared for and that bring tax benefits to the residents. She noted that she has never heard any negative comments about him–he has proven himself as an ethical salesman. His lease is drawing to a close. She commented that if it was Mr. Sweeten asking to relocate his business, she would feel more justified to approve the move, however, she does not feel comfortable approving a business that is four times larger than Mr. Sweeten’s Country Cars or twenty-eight times larger than Alpine RV. If Alpine Rv is relocated, that leaves Mr. Dunn’s property as a car lot right across the street from this proposed car lot. This gives the appearance that State Street in Lindon is dominated by car lots.

Councilmember Bayless observed that one of the goals of Lindon’s General Plan is to improve the image and appearance of the commercial district. She expressed the opinion that she could not see how increasing the size of a dealership by four times improves the image. She referred to section 17.16.030 of the Lindon City Code and the requirement to find the use in harmony with the zone. She questioned an enlargement of this size being in harmony with the zone. She mentioned clause (c) of this section and said that the use is required to "not violate the master plan." She expressed the opinion that moving and expanding this use will violate the development policies of the master plan. She does not feel comfortable having sales cars within fifty-feet of homes. For these reasons, she is opposed to granting the application.

Councilmember Acerson noted that he would like to comment on three areas. He thanked the residents for attending and voicing their opinions. First, he acknowledged that sometimes it is hard to voice a different opinion than your neighbor and possibly cause enmity. He observed that the Council is also divided on this issue. He wanted the residents to know and understand that the Council does take the comments they receive seriously. They also have families, live and serve in this community. He commented that the Council feels and thinks as the residents do, although sometimes they need awakening. He asked that the residents not be afraid to be emotional when they address the Council. It does not mean that the Council does not agree or will not address the concerns. It is all part of the public process and helps the Council to be aware of issues.

Secondly, Councilmember Acerson addressed the fight for property rights. He observed that each of us have property rights and laws, rules, and regulations have been enacted to explain these rights. When a person owns property, unless there is a nuisance or public safety issue, the right belongs to the property owner. He commented that it always "rubs me the wrong way" when one group starts trying to legislate another group or individual to be "like us." He expressed concern when the line is crossed. He explained that he had an experience once when he first purchased property in Lindon. A woman knocked on his door on Sunday at 7:30 a.m. and, without introducing herself at all, asked him for his intentions this property. She had the idea that this land would remain open and undeveloped. Things do change and people have to adapt. He did not respond in kind to this woman and was gracious. He suggested that she buy the land and decide how it should be developed. He observed that he does understand what Lindon is about, and so has developed the land slowly and within the vision of Lindon. If fact, some are upset because he has not developed the land fast enough. Each person has the right to their property within the law and the right to petition to change the law if they feel it is unfair.

Councilmember Acerson addressed his third issue–public safety. He noted that Councilmember Bath had addressed this subject somewhat also. He observed that the Council’s decision must be if the public safety issues can be dealt with if this property is developed as a Low Book Sales or any other business, or the permit to operate cannot be given. He suggested that the property owner is entitled to try and make the best use of his property, so should be given the opportunity to see if he can make it work according to the ordinances. If the opportunity is not allowed, the issues will not be addressed now, but deferred to later.

Mayor Ellertson observed that he would attempt to summarize and share his thoughts. He expressed an apology for any offense that he might have given tonight. He asked that the audience forgive him or talk to him and give him the opportunity to make it right. He expressed appreciation for the Council and the great community in which we live. He suggested that whatever the decision is, that the members of the community go forward and work with one another to improve our city even more. He expressed appreciation for the "up front approach" that the applicants have taken and commented that they should not be penalized for doing that.

Mayor Ellertson suggested that one of the important concepts to understand as the decision is being made is that if this is allowed, the total number of used car dealerships will not be increasing. The intent of the ordinance is that no additional uses will be created. He referred to Objective #7 as outlined in the goals of commercial development in the Lindon City General Plan. He informed the audience that this objective concerns "thoughtful site design." He felt that the site appears to be making certain that this business will serve the public interests and express the overall image and identity of Lindon.

Mayor Ellertson observed that he does have some concerns on "if not this, then what." He commented that if this application is not approved, the problems will not go away. The issues, both existing and potential, with traffic, lighting, noise, etc will continue. The Council has discussed and considered the negative impacts of commercial development on neighboring residential areas and they have also discussed how to promote commercial use in a responsible way. He observed that this business will bring a commercial and economic base to Lindon. A segment of the neighborhood has reconsidered their opposition to this use. They have decided that it may not have as much of a negative impact as they once thought. He agreed that it is not perfect though. He encouraged the public to inform the Council and staff of any problems with existing businesses. He thanked all those involved for their time and patience. He asked if there were any other comments. There were none.

Councilmember Bath commented that the members of the Council have struggled and weighed, researched and called on past experience. He acknowledged that one issue that has troubled him is the size of the new dealership compared to the existing dealership. He noted, however, that the Council does not want to stifle business and if an expansion benefits the City, it should be approved. This is the course that is the best for the City overall. He observed that most problems can be resolved with the neighbors and he realizes that not all here will agree with him on this point, but he has seen it happen.

COUNCILMEMBER BATH MOVED TO APPROVE THE RELOCATION OF THE USED AUTO SALES NONCONFORMING USE LOCATED AT ALPINE AUTO AND RV AT 159 SOUTH STATE TO THE CORNER OF 600 NORTH STATE STREET WITH THE PLANNING COMMISSION’S RECOMMENDATIONS THAT APPLY, TO WIT:
1. THE SITE PLAN, ARCHITECTURAL PLAN, AND LANDSCAPING PLAN BE COMPATIBLE AND HARMONIZE WITH THE REGULATIONS AND REQUIREMENTS OF THE ZONE, WITH THE UNDERSTANDING THAT THESE REQUIREMENTS MAY BE MORE RESTRICTIVE THAN THE CURRENT ORDINANCE IN ORDER TO EFFECT SUCH HARMONY. THE PLANNING COMMISSION DESIRES TO REVIEW ALL AFOREMENTIONED SUBMITTALS BEFORE FINAL APPROVAL.
2. THE APPLICANT SHALL COORDINATE AND COMPLETE IMPROVEMENTS THAT WILL PREVENT ENCROACHMENT ON THE SOUTH PROPERTY OWNER.
3. ACCESS TO 600 NORTH WILL BE PART OF THE SITE PLAN REVIEW AND WILL BE CONDITIONAL ON ADDITIONAL NOTICING AND COMMENT FROM THE NEIGHBORHOOD, INPUT FROM PUBLIC SAFETY AND THE TRAFFIC ENGINEER’S RECOMMENDATIONS.
4. NO PUBLIC ADDRESS OR LOUDSPEAKER OUTSIDE THE BUILDING IS ALLOWED. LIGHTING WILL BE DIRECTED AWAY FROM RESIDENTIAL AREAS AND DIMMED AFTER 10 P.M. AND ALL TEST DRIVING WILL BE CONDUCTED AWAY FROM RESIDENTIAL AREAS.
COUNCILMEMBER HATCH SECONDED THE MOTION.

Councilmember Carpenter observed that he wants it specifically noted that "this strikes him as a strong stretch" to consider this application a moving of a car dealership. He added that this "explosion of cars" is "hinging on a technicality." Mayor Ellertson verified that the motion specified which nonconforming use would be moved. Mr. Sweeten observed that if the Council will accept Alpine Auto and RV, Vantage will expire in October. Mayor Ellertson observed that there are concerns expressed about additional dealers. Mr. Sweeten replied that he would guarantee the expiration of Vantage. Councilmember Acerson informed the Council that he would like to abstain from the vote. After a brief discussion, Councilmember Acerson declared a conflict of interest and removed himself from the vote. Mayor Ellertson asked if there was any other question or comment. There was none.

THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSTAIN
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS NAY
COUNCILMEMBER CARPENTER NAY
COUNCILMEMBER HATCH AYE
MAYOR ELLERTSON AYE TO BREAK THE TIE.
THE MOTION CARRIED (3-2, ONE ABSTENTION.)

It was decided to take a five minute break.

2. Review and Action - Pending Ordinance. On the advice of the city attorney, Gordon Duval, the City Council will consider a motion to not accept any applications under the Non-conforming Use ordinance of the Lindon City Code until such time as the Council hears and considers proposed amendments to this ordinance.

Mayor Ellertson introduced the next item on the agenda as a pending ordinance and commented that it impacts the issues dealt with in the preceding item. Mr. Duval explained that any ordinance is an evolving process and this deals with nonconforming uses. He advised the Council to stay acceptance of any more applications until this review is completed. Councilmember Acerson commented that he felt it would be prudent to review this ordinance at this time. Mayor Ellertson agreed and observed that the Council had inadvertently created a situation where the rights to a nonconforming use can be separated from the land. He expressed the opinion that the Council needs to clarify the ordinance so this does not happen again. Councilmember Acerson confirmed with Mr. Duval that this issue can be addressed adequately. Mr. Duval assured the Council that clarification can be accomplished. Councilmember Carpenter asked about a time limit. Mr. Duval explained that he expects the process to take two or three months.

COUNCILMEMBER BAYLESS MOVED TO ACCEPT THE CITY ATTORNEY’S ADVICE AND NOT ACCEPT ANY MORE APPLICATIONS TO AMEND NONCONFORMING USES UNTIL SUCH TIME AS THE COUNCIL’S REVIEW IS COMPLETE. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

3. Review and Action - Resolution - Fireworks Limitation. The City Council is aware of the extremely dry and volatile conditions of undeveloped areas in the city. The City Council will consider a resolution which will prohibit the use of fireworks on or near any undeveloped land.

Mayor Ellertson observed that this limitation is similar to those adopted in previous years and asked if there was any discussion.

COUNCILMEMBER HATCH MOVED TO ADOPT RESOLUTION #2004-9, FIREWORKS LIMITATIONS.

Mayor Ellertson asked about the effective starting date of this resolution. He observed that the City will have a fireworks display as part of the Lindon Days observances. Mr. Smith replied that the resolution is effective when adopted and that the Lindon Days display will be supervised by the City Fire Department. Councilmember Carpenter suggested that a fireworks limitation may be continued from year to year until the City Council determines otherwise and that a new resolution would not need to be considered annually. The Council discussed the suggestion and asked that this provision be added to the resolution.

COUNCILMEMBER HATCH AMENDED HIS MOTION TO INCLUDE A STATEMENT THAT THE RESTRICTION IS TO RUN CONTINUOUSLY UNTIL LIFTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

Councilmember Hatch had no report for tonight.

Councilmember Bayless addressed a request by a local business to put vending machines in the park. She suggested that this avenue cannot be opened to one business to the exclusion of others. The Council agreed. Councilmember Bayless commented that she had been contacted by two residents of Gillman Lane concerning the resurfacing project. One felt that the resurfacing had gone too far and one felt that more needed to be done. She explained their concerns and pointed out a culvert that had been collapsed during the construction. Mr. Smith replied that he would bring the concerns to Mr. Peterson’s attention.

Councilmember Bath suggested a change to the newsletter.

Councilmember Acerson had no report for tonight.

Councilmember Carpenter had no report for tonight.

Mr. Dameron was excused.

COUNCILMEMBER BATH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:27 P.M. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - September 7, 2004