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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » December 6, 2005
December 6, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, December 6, 2005, beginning with a work session at 6:00 p.m., at the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.
WORK SESSION -
PRESENT ABSENT
Lindsey Bayless, Councilmember Jeff Acerson, Mayor
Bruce Carpenter, Councilmember (Mayor Pro-Tem) Eric Anthony, Councilmember
Ott H. Dameron, City Administrator/Recorder H. Toby Bath, Councilmember
Debra Cullimore, Deputy Recorder Jerald I. Hatch, Councilmember
The meeting began at 6:20 p.m. with Councilmember Bruce Carpenter as mayor Pro-Tem.
1. URMMA Training Video – The Mayor and City Council will meet in a work session with staff to view a training DVD from URMMA.
Councilmembers viewed a training video provided by Utah Risk Management Mutual Association. The video presentation depicted various situations which the Mayor and Councilmembers may encounter while serving in office. The training outlined and encouraged professional and ethical conduct by elected officials in the performance of their duties.
2. RUDAT (Regional Urban Design Assistance Team ) – Deanne Taylor of RUDAT will explain the origins and purposes of this organization as well as invite Lindon officials to participate in the planning stages with this committee.
Deanne Taylor introduced herself to the Council. She stated that she is the chairperson of the Pleasant Grove RUDAT committee. Ms. Taylor noted that the committee is “citizen driven”, and is intended to reflect the desires of residents in the design of the community. The committee reports periodically to the City Council, and has had representation from the City Council on the committee until the recent election. Ms. Taylor reported that eight disciplines will be represented by professionals working with the RUDAT committee, including planners, building and landscape architects, and historic preservationists. The focus areas of the project are intended to be the historic downtown district, transportation corridors, and the gateway area near the I-15 interchange. Ms. Taylor invited participation from Lindon City during the planning stages in order for the cities to work together on common projects in the gateway area. Councilmember Carpenter noted that any representative of Lindon should be knowledgeable about the priorities of the City for design in the area of development. Ms. Taylor stated that the City has discretion to appoint anyone they feel would represent the interest of the City during the planning meetings. Ms. Taylor stated that the first planning meeting is tentatively scheduled for Friday, January 27, 2006 at 1:00 p.m. Ms. Taylor will send a confirmation letter to the City regarding the planning meeting. Councilmember Carpenter congratulated Ms. Taylor on the program, and expressed appreciation for the invitation to participate with the committee.
REGULAR SESSION –
PRESENT ABSENT
H. Toby Bath, Councilmember Jeff Acerson, Mayor
Lindsey Bayless, Councilmember Eric Anthony, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator/Recorder
Debra Cullimore, Deputy Recorder
The meeting was called to order at 7:05 p.m.
Conducting: Bruce Carpenter, Mayor Pro Tem
Pledge of Allegiance: Matthew Cox, Boy Scout
Invocation: Lindsey Bayless, Councilmember
MINUTES – The minutes of the regular meeting of November 15, 2005 were reviewed. No corrections were made.
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 15, 2005 MEETING AS WRITTEN. COUNCILMEBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION –
There was no public comment.
MAYOR’S COMMENTS/REPORT –
Mayor Acerson was not present at the meeting.
CONSENT AGENDA –
No items.
CURRENT BUSINESS –
1. Public Hearing – Water Rate Amendment. (Resolution 2005-21). The City Council will hear public comment and possibly act to approve a resolution which will change the city wide fee schedule by amending the water rates for the city. A professional water rate study has been completed which recommends some changes to the city’s water rates.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER WATER RATE AMENDMENTS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
David Thurgood, of JUB Engineers, conducted the recent water rate study, and was present at the meeting to explain the findings of the study. Mr. Thurgood distributed information regarding the graduated fee schedule which is currently evaluated annually on each of the two zones on the east side of the City. Zone One is served by the pump station located at 240 North 835 East, and the Canberra Zone is served by the pump station located at 138 North 1200 East. Following review of specific information provided in the study, Mr. Thurgood made the following recommendations for water rate adjustments in each zone based on a one inch line:
Zone One: Canberra Zone:
Current Base Rate – $15.77 Current Base Rate - $22.00
Current Usage Rate – $1.08 Current Usage Rate - $1.15
Recommended Base Rate - $14.50 Recommended Base Rate - $22.45
Recommended Usage Rate - $1.12 Recommended Usage Rate - $1.18
Mr. Thurgood noted that the recommended base rate decrease in Zone 1 is the result of a reduction in actual pumping costs during the previous year. He explained that rates may vary from year to year based on the amount of run off generated from Dry Canyon. Mr. Thurgood explained that pumping costs are reviewed annually, and any increase or decrease in actual pumping costs will be reflected in the base rate charged for water service above the North Union Canal. The recommended rates for these two zones includes the recommended 3.5% CPI adjustment, which Mr. Thurgood recommended citywide. The 3.5% adjustment will allow the City to keep pace with inflation. Mr. Thurgood reported that the proposed rate amendments would generate total revenue in the amount of $29, 231.71, and that revenue in the amount of $28,297.72 is needed to operate and maintain the water system. He noted that small annual CPI increases should eliminate large rate increases which may occur if rates are adjusted less frequently. Mr. Dameron pointed out that if the rate amendment is approved by the Council, residents will be notified in January 2006, and rate increases will become effective in February 2006.
Councilmember Carpenter called for public comment. There was no comment from residents. Councilmember Carpenter called for further comment from the Council. Councilmember Bayless commented that it should be made clear to members of the audience that water rate amendments have been discussed during previous meetings. Councilmember Carpenter pointed out that this resolution is the result of a motion made during the City Council meeting held on November 15, 2005 which directed staff to prepare a resolution authorizing an annual CPI adjustment to water rates. Councilmember Carpenter noted that it is necessary for the water system to generate the necessary revenue to operate and maintain the water system each year.
Councilmember Carpenter called for further comments or discussion. Hearing none, the public hearing was closed and a motion was made.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING TO CONSIDER WATER RATE AMENDMENTS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION 2005-21 AMENDING THE CITY-WIDE FEE SCHEDULE OF LINDON CITY BY AMENDING THE WATER RATES ON THE CITY’S WATER UTILITY, AND TO AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
2. Review and Action – Development Agreement. This is a request by staff and Fieldstone Homes Utah for the Council’s consideration of a proposed development agreement between Lindon City and Fieldstone Homes Utah in the R3 Overlay Zone.
Councilmember Carpenter reviewed this item for residents present at the meeting. He stated that the City Council previously approved an ordinance which would allow residential development on the west side of the City in the R3 Overlay zone. Due to a number of issues, the Council subsequently sought to revise the ordinance. During this time period, Fieldstone developers requested to move forward with development of the area based on the existing ordinance. The City and Fieldstone Developers have been working cooperatively on a development agreement which will address concerns of the City and the developer, and allow development to proceed.
Mr. Dameron noted that City Attorney, Brian Haws, was present at the meeting to address the legal aspects of the agreement prior to discussion regarding specific aspects of the development plan. Mr. Dameron stated that members of the Anderson family, who own property in the area of the development, were also present at the meeting to address specific concerns they have regarding the development. Mr. Dameron invited Mr. Haws to address the Council.
Mr. Haws distributed copies of the most recent agreement. He introduced Paxton Guymon, legal council for Fieldstone Homes. Tom Spencer and Griffin Johnson were also present at the meeting as representatives of Fieldstone Homes. Mr. Haws noted that a few minor corrections were necessary in the language of the agreement. Mr. Haws clarified that any terms or conditions included in the existing ordinance which are not specifically addressed in this agreement will be reflected in the amended ordinance. Mr. Haws noted that paragraph 17.3 of the agreement addresses this issue in detail.
Mr. Haws went on to discuss paragraph 4.1 specific to the retirement phase of the proposed development. The agreement specifies that if the plat for the retirement phase is not completed within three years following approval of the single family phase, the rights granted in the development agreement “shall terminate and cease to have effect with respect to the retirement community phase.” Mr. Haws clarified that Fieldstone does not intend to develop the retirement area of the community, but will sell that portion to another developer. If the retirement area is not approved within the three year time frame, the owner of the parcel would be required to obtain approval for the retirement portion of the community from the Planning Commission and the City Council. Councilmember Bayless expressed concern that this provision may allow the retirement area to develop as a single family or other type of development. Mr. Guymon clarified that the retirement portion of the development is designated for that purpose, but the agreement stipulates that if the retirement area is not completed within three year period, the builder would lose the protection of this development agreement, and be required to go through the standard approval process prior to development. Mr. Haws noted that at the end of the three year period, the City would no longer be bound by the terms of the agreement, and would have the ability to make additional requirements at that time.
Mr. Haws suggested that paragraph 6 reflect that engineering issues will be addressed as a part of the “standard approval process” of the development. Mr. Haws also suggested that the words “historical flows” (regarding the Proctor Ditch) in paragraph 7.1 be changed to “current capacity” at the request of the City Engineers. Mr. Haws noted that the City has agreed to pay 50% of the incremental costs, as defined in the agreement, associated with installation of larger sized drainage facilities required for this development.
Mr. Haws reported that paragraph 7.2 indicates that reimbursement agreements with adjacent property owners may be considered which will require any future developers of the properties adjacent to improvements installed by Fieldstone as part of this development to pay their allocable share of the costs incurred for those improvements. The development agreement stipulates that any reimbursement agreements would be facilitated by the City. The Council discussed specifically the completion of 1700 West to a full width, which would require acquisition of a portion of the Baker property. Mr. Haws noted that there has been some discussion regarding completion of a half width of 1700 West. He stated that if it is completed to a full width, the developer would request a reimbursement agreement with the Baker organization.
Mr. Haws explained that setbacks specified in the current ordinance have been modified in the development agreement in paragraph 10.8 and 11.14. Mr. Haws pointed out that the setbacks specified in the development agreement do not encroach on the required 40’x40’ clear area specified in City code. Mr. Spencer noted that setbacks were changed to allow latitude on each lot to avoid water meters and other obstacles. Councilmember Carpenter noted that the setbacks specified in the development agreement create a larger buildable portion of each lot, and accommodate various lot sizes.
Mr. Haws stated that Fieldstone has requested documentation supporting the required water shares for the development. Mr. Spencer stated that the request for documentation was made some time ago, and has not yet been provided by the City. Mr. Haws noted that the Thanksgiving holiday may have had some effect on obtaining the documentation, but that the City is willing to provide the information to the developer. City Engineer, David Thurgood, was present at the meeting. Mr. Thurgood stated that he could provide written documentation regarding required water shares by the end of next week. He suggested that he be allowed to address the issue at this meeting in order for Fieldstone representatives to better understand the water share requirements. Mr. Thurgood explained the details of the water share requirements placed on developers, which allows the City to provide adequate water to the community in all types of water years. Mr. Thurgood noted that if water share requirements were reduced, it may not be possible for the City to provide adequate water services in drought years. He stated that the required shares are not excessive, and represent the minimum amount necessary for the City to provide adequate water. Mr. Haws suggested that the language of the agreement be changed to indicate that the City agrees to provide information and documentation regarding low flow calculations of water share requirements, but that the documentation is not conditional to Fieldstone turning in the required shares.
Councilmember Carpenter noted that the language may be unclear in paragraph 7.1 as it relates to reimbursement for the six foot wide sidewalk running from 500 North to 700 North. He suggested that the word “width” be added following the word “sidewalk” for clarification purposes. Mr. Haws and Mr. Guymon agreed to this language clarification.
Councilmember Carpenter then invited Mark Christensen of JUB Engineers to address engineering concerns related to the proposed development. Councilmember Bath asked Mr. Christensen if the proposed culvert in the Proctor Ditch will be sufficient to prevent flooding associated with additional run off generated by the development. Mr. Christensen responded that the design flow is intended to accommodate over ten times the current flow of the ditch, and that the proposed culverts are substantially larger than necessary at this time.
Mr. Christensen distributed a list of specific engineering concerns related to the site plan for review and discussion. The concerns presented by Mr. Christensen were as follows:
1. 1700 West should be fully constructed to the north edge of lot 72, with an extension of the box culvert to the west edge of the finished road and an appropriate transition from the north (this will require cooperation from Dennis Baker).
2. It is unclear how the existing ditch will fit in relation to the road shown in cross section 1D. The existing ditch should be shown on this cross section. There may be possible safety concerns associated with the current placement of the ditch. The structural integrity of the road may be affected due to ground water associated with the ditch.
3. There is some concern regarding the location of the ditch in relation to the road, particularly without any curb and gutter between the road and the ditch. Fieldstone Homes traffic engineer should comment on this issue.
4. The width of the ditch shown in section 1A needs to be 40’, or provide equivalent detention and flow capacity as the established 40’ width. The developer has requested a narrower width than 40’ if possible. The same detention capacity would be necessary, which would require the ditch to be deeper.
5. There is some concern regarding the integrity of the 500 North roadway structure west of the development due to saturation resulting from high groundwater and flood irrigation occurring on both sides of the roadway. Councilmember Bath inquired as to the possibility of completion of 500 North with curb, gutter, and sidewalk to help maintain structural integrity. Mr. Spencer stated that there is currently no agreement with the property owners in the area of 500 North which would allow installation of curb, gutter, and sidewalk. He further explained that traffic engineering studies conducted for the site indicate that only one connection point is required, and that three other connection points are provided. Mr. Spencer noted that there has been some discussion regarding installation of a drainage ditch adjacent to 500 North to alleviate ground water problems in the area.
6. The sidewalk at 700 North is not shown correctly. It will have a six foot wide sidewalk that covers the space from 12’ – 18’ behind the right-of-way line.
Mr. Spencer observed that only item 1 and item 4 on Mr. Christensen’s list of engineering concerns relate to the development agreement. Mr. Spencer agreed that the other concerns noted by Mr. Christensen are reasonable safety issues, but felt that they could be addressed during the normal engineering review process, and not as part of the development agreement. Mr. Haws and Mr. Guymon suggested that language be added to the development agreement which states that “specific engineering and safety concerns will be addressed during the normal review and platting process”. The Council and Fieldstone representatives agreed to this language.
Mr. Christensen went on to review the road cross sections specified in “Exhibit B” of the development agreement. Mr. Dameron noted that Fieldstone has complied with previous recommendations made by the Council regarding removal of one section of road adjacent to the park area to increase park space. Mr. Spencer reported that the total park space for the development is approximately 4.1 acres, with the main park area being approximately 2.65 acres. Mr. Christensen reviewed specific cross sections. He noted that the interior roads for the retirement area of the development will not be completed until the retirement section is developed. Mr. Christensen indicated that interior roads for the retirement area are proposed as 24 foot asphalt with a flattened sloped curb to allow vehicles to drive over the curb at driveway entrances. Councilmember Carpenter asked if the width of the roadways would preclude on street parking in the retirement area. Mr. Christensen stated that on street parking would not be possible, and that some off street parking areas should be provided in the retirement area. Mr. Christensen stated that the development agreement specifies the road cross sections from back of sidewalk to back of sidewalk, or back of sidewalk to edge of asphalt for half street areas. Other engineering concerns related to streets and sidewalks will be addressed during the normal platting process.
Councilmember Carpenter invited the Anderson family to address the Council regarding specific concerns related to the development. Ron Anderson stated that their greatest concern is in regard to the completion of 1700 West to the full width. Mr. Anderson felt that further effort should be made to communicate with Dennis Baker regarding completion of the roadway at the time of development. Mr. Anderson expressed concern that if the roadway is not completed at the time of development, it may be a half street indefinitely, and may have a negative impact on other property owners in the area. Mr. Dameron observed that 1700 West is a master planned roadway, and that the City does have the authority to require improvements to be completed. Councilmember Carpenter suggested a reimbursement agreement be pursued which would allow Fieldstone to complete the roadway to the full width at the time of development. Councilmember Bayless observed that it would be to Mr. Baker’s advantage to give his input regarding completion of the roadway. Councilmember Bath stated that he would feel more comfortable if the completion of the road to the full width could be resolved with Mr. Baker prior to approval. Councilmember Bayless felt that Mr. Baker should be given a full opportunity to participate. Mr. Haws suggested that Mr. Baker be notified of the City’s intent to proceed with the project and invited to participate. If no response is received from Mr. Baker, the City can proceed with a reimbursement agreement.
Councilmember Bayless inquired as to maintenance plans for the undeveloped retirement area. Mr. Johnson stated that it is the practice of Fieldstone to maintain undeveloped areas which are reserved for a specific purpose. Mr. Dameron suggested a sentence be added to the development agreement which would require maintenance of the retirement area by Fieldstone until such time as it is developed. Mr. Guymon agreed to this requirement.
Councilmember Carpenter called for further discussion. Hearing none, he called for a motion.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE REVIEW OF THE DEVELOPMENT AGREEMENT BETWEEN LINDON CITY AND FIELDSTONE DEVELOPERS TO THE REGULAR MEETING OF DECEMBER 20, 2005, AND TO DIRECT STAFF TO COMMUNICATE WITH DENNIS BAKER AS SOON AS POSSIBLE EXPLAINING THE INTENTIONS OF THE CITY REGARDING A POSSIBLE REIMBRUSEMENT AGREEMENT FOR COMPLETION OF 1700 WEST AND ENCOURAGING MR. BAKER’S PARTICIPATION. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Carpenter noted that it should not be necessary to review the items discussed at this meeting again prior to approval. Councilmember Bayless observed that there may be some input from those not present at this meeting, but the discussion should not be lengthy. Mr. Dameron expressed appreciation to Fieldstone representatives for the amiable nature of the negotiations for this agreement. Councilmember Carpenter noted that Fieldstone has been supportive of the objectives of the City during this process. He also expressed appreciation to Fieldstone representatives.
3. Review and Action – Annual Meeting Schedule. The Annual Meeting Schedule for the calendar year 2006 will be presented for the City Council’s review and approval. The schedule includes meeting dates for the City Council, Planning Commission, Board of Adjustments, Redevelopment Agency, and Municipal Building Authority.
The Council reviewed the tentative meeting schedule for 2006. Councilmember Bayless suggested that the Planning Commission meeting scheduled during the Lindon Days Celebration be cancelled in order to allow residents to attend and support the celebration. The Council suggested the Planning Commission meetings scheduled for November 22 and December 27 be cancelled as well if the Planning Commission felt it would be appropriate. The City Council meeting scheduled for July 4, 2006 will be cancelled. Councilmember Carpenter called for further discussion. Hearing none, he called for a motion.
COUNCILMEMBER BAYLESS MOVED TO APPROVED THE 2006 MEETING SCHEDULE EXCLUDING THE JULY 4TH MEETING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCIL REPORTS –
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch reported that he had been contacted by a resident regarding the possibility of displaying United States flags along State Street from 200 South to Center Street as a community service project. The Council discussed possible days which would be appropriate for display of the flags. Suggestions were made for the Special Olympics Torch Run day and for September 11th. Councilmember Hatch will discuss the request further with the resident to determine a more specific date.
Councilmember Hatch also reported that the Landfill has received an offer for purchase of the bailer at the transfer station. He stated that the bailer is being sold back to the company it was purchased from, who will then re-sell the equipment to another purchaser.
TRAILS, PLANING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
Councilmember Bayless noted that she had received a note from City office staff stating that checks must be received for Costco membership card renewal by December 9th, and that free spouse cards are available.
Councilmember Bayless inquired as to whether lighting at the Low Book Sales site is being monitored by the Code Enforcement Officer, Gary Hoglund. Mr. Dameron stated that Mr. Hoglund is monitoring the lighting, and that any violations should be reported to Mr. Hoglund for follow up. Councilmember Bayless commented that residents in the area of Utah Auto Sales have expressed concern regarding lighting and music volume at that site. Mr. Dameron will report the concerns to Mr. Hoglund for investigation.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
Captain Cody Cullimore of the Police Department was present at the meeting. Councilmember Bath asked Captain Cullimore if he had any items to report. Captain Cullimore reported on an incident which occurred at 152 South 750 West in Lindon on December 6, 2005. A fifteen year old boy had threatened suicide to his mother. The police were contacted to respond to the scene. The mother reported that she had taken a handgun away from her son, and that other weapons were in the house. The Utah County SWAT team was called to respond to the incident. The situation was resolved peacefully with no injuries. The boy was admitted to a mental health facility to receive evaluation and possible treatment.
Councilmember Bath inquired as to the status of the investigation of the fire which occurred in the City on Thanksgiving Day. Captain Cullimore stated that much of the evidence was destroyed during suppression of the fire, and that the cause of the fire may never be determined.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER
Councilmember Anthony was not present at the meeting.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter reported that recommended amendments to the General Plan are still being reviewed by the Planning Commission, and will be forwarded to the City Council as soon as the Planning Commission review is completed.
ADMINISTRATORS REPORT –
Mr. Dameron reported on the following items:
1. An audit committee meeting will be held on December 12th at 4:00 p.m. Final results of the audit will be presented to the Council on December 20th.
2. The Council was invited to attend the UTOPIA open house on December 14th from 12:30 pm - 2:30 pm. Mr. Dameron noted that any questions the Council may have regarding the status of UTOPIA could likely be addressed at the open house.
3. The project tracking list was reviewed. Councilmember Hatch requested that the Council review the Lindon Treasury application, and the application for a subdivision at 250 West 40 South.
4. A thank you letter from the Red Cross for Hurricane Katrina relief funds donated by City staff and residents was distributed to the Council.
5. A name change for the Timp Lake Trail is being considered by the Trail committee. Mr. Dameron asked for suggestions of possible names. Following discussion, the Council suggested the name “String Town Trail.”
6. The annual Council retreat was tentatively scheduled for February 11, 2006 from 8:00 am – 12:00 pm.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN –
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE MEETING AT 9:30 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – December 20, 2005
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Ott H. Dameron, City Administrator/Recorder
___________________________________
Jeff Acerson, Mayor
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