The Lindon City Council and the Lindon City Planning Commission held a special joint meeting on Wednesday, May 26, 2004 beginning at 6:00 p.m. in the Lindon City Center, City Council Chambers at 100 North State Street, Lindon, Utah.

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

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember

Ron Anderson, Commissioner (arrived at 6:17 p.m.)
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner
Jim Peters, Commissioner
Dustin Sweeten, Chairman

Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Gordon Duval, City Attorney
Mark Christensen, City Engineer
Venla Gubler, Administrative Clerk
James McMurray, Planning Intern

Jerald I. Hatch, Councilmember
Marilyn Simister, Commissioner

The Meeting began at 6:12 p.m.

MINUTES - The minutes of the meeting of May 18, 2004 will be reviewed at the next regularly scheduled City Council meeting.

OPEN SESSION - Citizen Comments

There was no citizen comment.

Mayor Ellertson noted that, for tonight, he would dispense with his comments and report.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1.      Preliminary Plat - Highlands at Bald Mountain, Plat "A." This is a request by Black Scot Development for preliminary subdivision approval of Highlands at Bald Mountain, Plat "A," 40-lots, in the R1-12 zone at approximately 800 East 800 North.

Mayor Ellertson observed that the purpose of this joint meeting is to review a plat for Highlands at Bald Mountain. He commented that this is an issue that has been negotiated for several months. The developers have asked for a quick decision, and hence, the reason for this meeting. Mr. Smith displayed the aerial of the project area. He showed the plat that was approved by the Planning Commission in November of 2003. He then displayed the new proposal with a change in the road alignment for the 1200 East/800 North collector that retains the split lanes and slope easements. He pointed out that the property is also impacted by two major easements for the aqueduct and the power line. It was pointed out that this subdivision configuration gives the developers an extra lot.

Mayor Ellertson suggested that the engineers address the change in the road. Mr. Travis Ludlow of Ludlow Engineering informed the combined membership that this collector has shifted 20-feet to the north. Commissioner Nixon asked if the shift had changed the radius of the curve from 1200 East to 800 North. Mr. Ludlow replied that the radius did not change, but that the shift increases the slope easement in this area. Commissioner Peters commented that this shift pushes the collector more onto Mr. Millet’s property. Mr. Dayle Jeffs, attorney for Black Scot Development, commented that part of the negotiations with Lindon included approval of this alignment with the Pleasant Grove City Council. He reported that they had met with the Pleasant Grove Council recently and their approval had been received. Pleasant Grove City Council felt that the new alignment ties more directly to the existing 1000 South. The alignment of the street and the wider slope easements were discussed. Mr. Jeffs also noted that the plat does not show the temporary construction easement. This will be recorded in a separate document because of its temporary nature.

Mayor Ellertson commented that the temporary construction easement may not be needed until the road is under construction and that the easement should not be limited to a specific period of time. Mr. Duval agreed that the temporary construction easement should apply until the road is built.

Commissioner Sweeten commented that the larger portion of the collector is being taken out of the Millet property. He added that he had also talked with the Community Development Office in Pleasant Grove. Mr. Jeffs agreed that the Pleasant Grove City officials liked this alignment better. Mayor Ellertson observed that approximately 15-feet of the right-of-way will be within Lindon City boundaries.

Commissioner Peters suggested that Mark Christensen, City Engineer, go through his suggestions for conditions of approval. Mr. Christensen pointed out that there is a FEMA flood zone in the northeast corner. He expressed the opinion that this flood zone can be removed, so the designation of this flood zone will be more legal than actual. He also suggested that the connection of 650 East to 1000 South in Pleasant Grove needs to be more permanent, since the collector will not be constructed for some time. He noted that this connection was previously more temporary, but now may remain in use for a longer period. Commissioner Nixon asked how the connection would change when the collector is constructed. The changes in elevation on the Pleasant Grove side of the street were discussed. Commissioner Nixon verified that Mr. Millet would not be encroached upon by this connection of 650 East. Mr. Christensen confirmed that the connection can be made with no encroachment.

Mr. Ludlow reported that Black Scot Development is working with the property owner to the west, H5 Development, to make the 650 East connection. Commissioner Nixon asked if the streets will end up at the same level when they are finished. Mr. Ludlow replied that the vertical difference between the connection and 1000 South will be virtually gone by the time the two roads intersect. The City Council and Planning Commission members discussed the connection with the engineers. It was noted that the curb will stop on the point of curvature so it does not encroach on Mr. Millet. The connection will include pavement up to the centerline plus 11-feet. The intersection of the two streets will be at the same level and where the streets run parallel, a two to one slope will be created. Commissioner Nixon suggested some kind of barrier on the high side of the slope (1000 South ) to minimize the safety danger. Mr. Ludlow replied that there is about a 5-foot vertical difference between 1000 South and 650 East. Commissioner Nixon asked if Mr. Millet is the only resident that needs access from the end of 1000 South. Mr. Christensen noted another driveway at this location.

Mr. Christensen returned to his suggestions for conditions of approval. He reported that the amended plat has not been reviewed for compliance with Lindon’s Hillside Overlay. He noted that Mr. Ludlow informs him that no lots would be subject to the Hillside Overlay. He also noted that the storm drainage is not included in the plans, but will be very similar to the previous submittal. He suggested that a condition regarding the usual storm drain requirements would be in order. Commissioner Nixon asked about the debris basin on the northeast corner. Mr. Christensen replied that the pipe alignment out of the basin will follow the collector and then a lot line to a manhole in the subdivision. There was a short discussion of construction of the storm drainage from the debris basin. It was decided that the developer should construct the debris basin, both the embankment and the piping, as part of the development.

Mr. Christensen commented that the plat also does not show the improvements on the west side of 650 East. He noted that the sidewalk is part of this development. Mayor Ellertson asked about the bond monies from the previous developer that will be used to construct 650 East. Mr. Christensen replied that the bond monies will not apply to the sidewalk, only the curb and gutter on the west side. Mr. Christensen commented that item #7 is a code section that does not allow a street slope to exceed 3% within a certain distance of an intersection. He asked Mr. Ludlow to flatten the road design. This was discussed and agreed upon.

Mr. Christensen observed that the email submittal of the amended plat does not show the slope easements on the uphill side. He noted that the location of the construction easement needs to be decided also. Commissioner Nixon asked if Pleasant Grove City was aware of the vertical alignment of the street. Mr. Christensen replied that the City Engineer was aware, but he was not sure about the City Council. Mr. Jeffs observed that the developers were going back to Pleasant Grove tomorrow and would bring the specific alignment to their attention. Councilmember Bath commented that he would feel more comfortable if Lindon had communication with Pleasant Grove to make sure the collector meets with their plans also.

Mayor Ellertson asked Mr. Duval’s opinion on approving lots in a FEMA flood plain. Mr. Duval distributed copies of the flood plain map and noted that, in the past, the developer has received clearance from FEMA before the lot is recorded. He was not sure of the time frame to get the flood plain removed. Mr. Jeffs commented that application for removal was made seven months ago. Mr. Christensen informed the Council that there are two ways to correct this issue: remove the flood plain, or show that the lot is exempt. Mayor Ellertson pointed out that it is a violation of the ordinances to approve a plat with a FEMA flood plain in place. Mr. Ludlow commented that he anticipates a clearance in about 60 days. Mr. Duval commented that a plat amendment can be made after the FEMA clearance is received. Mr. Ludlow observed that the developers are in a no-win situation where FEMA will not clear the lots until a plat is recorded and the City will not record the plat with the FEMA flood plain. The developers do not want to take the three lots out. Mr. Christensen suggested that the lots be approved, but that they be removed from the plat until the clearance is received and a second phase with the three lots be recorded later. This was agreed to by the Council, Planning Commission and developers, Black Scot P.C.

The development agreement was discussed. Commissioner Peters commented that he hoped the terms of the purchase price do not set precedent. Mr. Duval replied that the collector is a street of regional importance and, as such, is a unique situation. Commissioner Nixon suggested adding the slope easements on the east side of the collector and asked about a time length on the temporary construction easements. Mr. Duval replied that the time limit would be set on the recorded deeds.

Commissioner Bryner asked if the coordination on the completion of the collector has been negotiated with Pleasant Grove, or if it would become a point of contention between the two cities. She did not want to see the collector become a dead end. Councilmember Bath agreed that the completion of the collector hinges on coordination with Pleasant Grove. Commissioner Bryner replied that an agreement on the completion should be part of the condition of approval. Mayor Ellertson replied that neither city knows when funding will be available for this project. Mr. Jeffs agreed and added that this City Council cannot commit a future City Council either.

Commissioner Bryner suggested that some kind of notice be provided to homeowners about the slope easement. Mr. Christensen suggested that verbage be added to the plat for homeowner notice. Mayor Ellertson asked if the Council was ready to propose a motion. Councilmember Carpenter noted a "point of order" that the Planning Commission should submit a motion first.

COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY BLACK SCOT DEVELOPMENT FOR APPROVAL OF HIGHLANDS AT BALD MOUNTAIN SUBDIVISION, PLAT "A," A 40-LOT RESIDENTIAL SUBDIVISION, AT 700 NORTH 800 EAST AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:

THAT THE USUAL STORM DRAIN REQUIREMENTS BE MET.

THAT THE DEVELOPERS ADDRESS THE VERTICAL DIFFERENCE BETWEEN 1000 SOUTH (MURDOCK DRIVE) AND 650 EAST TO THE SATISFACTION OF THE CITY ENGINEER.

THAT THE DEBRIS BASIN, BOTH THE EMBANKMENT AND PIPING, BE BUILT AS PART OF THE DEVELOPMENT.

THAT THE IMPROVEMENTS OF 650 EAST INCLUDE CURB, GUTTER AND SIDEWALK ON THE WEST SIDE AND THAT THE FINAL DESIGN OF THE STREET MEET THE CITY REQUIREMENTS.

THAT THE LOTS INCLUDED IN THE FLOOD PLAIN ARE APPROVED, BUT <STRIKE>ARE</STRIKE> WILL NOT BE RECORDED UNTIL THE FEMA FLOOD PLAIN IS REMOVED.

THAT TEMPORARY CONSTRUCTION EASEMENTS BE DETAILED ON A SEPARATE DEED TO BE EFFECTIVE AND RUN UNTIL THE CONSTRUCTION IS COMPLETED.

THAT FURTHER CLARIFICATION OF THE SLOPE EASEMENT ON THE NORTH AND EAST SIDE OF THE COLLECTOR BE MADE ON THE PLAT AND A NOTE ADDED FOR HOMEOWNER NOTICE THAT THE COLLECTOR AND SLOPE EASEMENTS MAY INVOLVE CONSTRUCTION ACTIVITIES.

THAT DOCUMENTATION BE OBTAINED FROM PLEASANT GROVE’S CITY COUNCIL THAT THEY AGREE WITH THE HORIZONTAL AND VERTICAL ALIGNMENT AND ELEVATIONS OF 1200 EAST.

THAT ALL LOTS MEET THE REQUIREMENTS OF THE HILLSIDE ORDINANCE.

COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Council accepted the motion. COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY BLACK SCOT DEVELOPMENT FOR APPROVAL OF HIGHLANDS AT BALD MOUNTAIN SUBDIVISION, PLAT "A," A 40-LOT SUBDIVISION AT 700 NORTH 800 EAST WITH THE PLANNING COMMISSION CONDITIONS LISTED ABOVE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

THE LINDON CITY COUNCIL AND PLANNING COMMISSION REACHED CONSENSUS TO ADJOURN THE JOINT MEETING AT 7:15 P.M.

APPROVED - June 15, 2004