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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » June 21, 2005
June 21, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, June 21, 2005 beginning at 7:00 p.m. at the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.
Conducting: Jerald I. Hatch, Mayor Pro Tem
Pledge of Allegiance: Toby Bath, Councilmember
Invocation: Jerald Hatch
PRESENT ABSENT
Jerald I. Hatch, Mayor Pro Tem Jeff Acerson, Mayor
H. Toby Bath, Councilmember Eric Anthony, Councilmember
Lindsey Bayless, Councilmember Bruce Carpenter, Councilmember
Ott H. Dameron, City Administrator
Adam Cowie, Planning Director
Debra Cullimore, Deputy Recorder
The meeting was called to order at 7:25 p.m.
PRESENTATION –
UDOT representatives will present an update of the I-15 widening project through Utah County to the City Council.
The representative for UDOT was Brent Hadfield. Mr. Hadfield is the field engineer for the Utah County I-15 project. He informed the Council that the Utah County project will be similar to the project completed in Salt Lake County from the Point of the Mountain to 10600 South. Mr. Hadfield stated the Utah County project is scheduled for completion approximately June 15, 2006. According to Mr. Hadfield, a large portion of the work currently under way is being done at night. One lane of traffic is closed at 10:00 p.m., with an additional lane being closed at midnight. The project includes the addition of a High Occupancy Vehicle (HOV) lane which will travel north and south. Councilmember Hatch asked Mr. Hadfield if the existing cable rope barriers in the center median will be replaced with concrete barricades during the project. Mr. Hadfield indicated that the cable rope barriers will be relocated and replaced with concrete barricades. Councilmember Bath asked Mr. Hadfield if there is anything the City can do to assist UDOT with the project. Mr. Hadfield suggested that the City keep citizens informed as to the status of the project. He provided a schedule, as well as contact information for the project. Mr. Hadfield observed that the project will be completed in a relatively short period of time and will alleviate some of the traffic problems currently being experienced on I-15. Councilmember Hatch asked if the overpasses and other structures would be rebuilt during the project. Mr. Hadfield stated that existing structures would undergo repairs, but would not be replaced at this time. The Council thanked Mr. Hadfield for his time.
MINUTES – The minutes of the regular meeting of June 17, 2005 were reviewed. The following corrections were made.
Page 2, Line 1: strike the word “fourplexes”.
Page 6, Line 7: strike the words “but will not be too high”.
Page 17, Line 14: add the word “will” before the word “be”.
Page 17, Line 32: replace the word “their” with the word “the”.
Page 17, Line 44: replace the word “pipelines” with the words “rail lines”.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE JUNE 7, 2005 MEETING AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION – Citizen comments
No comments
MAYOR’S COMMENTS/REPORT –
No report was given.
CONSENT AGENDA –
No items.
CURRENT BUSINESS –
1. Preliminary Plat – D and D Commercial Subdivision, Plat “A”. This is a request by Skip and Michelle Dunn for preliminary subdivision plat approval of D and D Commercial Subdivision, Plat “A”, 2 lots, in CG zone at 575 North State Street. The Planning Commission recommended approval with one condition.
Skip Dunn was present at the meeting. Mr. Cowie presented a review of the application. He stated that the site plan had been approved by the Planning Commission with the condition that a subdivision re-plat be completed in order to address the relocation of the lot line between the two parcels. The property line would bisect the proposed building if it were not relocated. The Planning Commission had also required Mr. Dunn to provide a cross easement between the two lots, as well as to the parcel located to the north of his property. Councilmember Bath asked Mr. Dunn if he had any concerns regarding these requirements. Mr. Dunn stated that he was willing to comply with the conditions. He observed that there is an elevation change between his property and the parcel to the north which will need to be addressed by future developers, but that he is willing to provide the required cross easement. Mr. Dunn asked about the required three foot berm adjacent to State Street. Mr. Cowie informed him that a three foot grade change from street level is required. Mr. Dunn stated that he is willing to comply with the three foot berm. He observed that the berm installed by Wal-Mart exceeds the three foot minimum. Mr. Dunn does not plan to exceed the required three feet. Councilmember Bayless requested that the change in grade make a pleasant transition, but noted that only three feet would be required.
COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY SKIP DUNN FOR PRELIMINARY SUBDIVISION PLAT APPROVAL OF D& D COMMERCIAL SUBDIVISION, PLAT “A”, 2 LOTS WITH THE FOLLOWING CONDITIONS:
1. THAT A CROSS EASEMENT IS PROVIDED BETWEEN LOT 1 AND LOT 2.
2. THAT A CROSS EASEMENT IS PROVIDED AT BOTH ENDS THE EAST AND WEST END OF THE NORTH PROPERTY LINE.
COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Revised Preliminary Plat – Country Cove Estates, Plat “B”. This is a request by Mike Anderson for preliminary subdivision plat approval for a revised plat of Country Cove Estates, Plat “B”, 4 lots, in the R1-20 zone at 270 North 460 East. Since this is revised plat of the recently approved plat (May 17, 2005) with only minor changes and the addition of one lot, which came about because of the Council’s direction, the proposed plat was brought directly to the City Council for approval.
Brandon Zollinger and Scott Anderson were the representatives for this item. Scott Anderson is the son of Mike Anderson. Mr. Cowie gave an overview of the application. He stated that Country Cove Estates had recently been approved by the Planning Commission as well as the City Council. However, the City Council had required that the Hinckley family, who own property adjacent to the proposed development, communicate with the City regarding their feelings on the proposed development and any negative effect it may have on them in development of their property in the future. This communication resulted in Mr. Anderson purchasing the parcel owned by the Hinckley family. As a result of the purchase, Mr. Anderson is proposing a revised plat which includes a fourth lot. The revised plat allows for the cul-de-sac street to be straight, rather than curved. Curb, gutter, and sidewalk structures will be installed in front of the homes on the development, and curb and gutter will continue around the bulb of the cul-de-sac to the point in change of deflection of the road. The adjacent property is owned by the Smoot family. The Smoot’s are not able to participate in improvements at this time. Therefore, curb and gutter, will be installed only to their property line. The Smoot’s will be responsible for required improvements at such time as they choose to develop their property.
Mr. Cowie noted that the City Council had requested that the developer of the Rhoades subdivision, located in the area of the proposed development, be contacted regarding curb, gutter, and sidewalk improvements which were required in front of the Smoot home at the time the Rhoades development was completed. Mr. Smoot had indicated during a previous City Council meeting that the required improvements had not been completed, and that the bond funds for the improvements had been mistakenly released to Mr. Rhoades. Mr. Cowie has contacted Mr. Rhoades regarding the improvements. Mr. Rhoades has indicated that he is willing to participate in the completion of the curb, gutter, and sidewalk in front of the Smoot home.
Mr. Cowie noted that Mr. Dameron had indicated that since the change in the plat had come about due to a requirement of the City Council, it would only be necessary for the Council to review the request, and it would not be necessary for the Planning Commission to review the request.
Councilmember Bath asked Mr. Cowie if there were any specific staff concerns. Mr. Cowie indicated that the change in the location of the road in the revised plat may affect the ability of the Smoot property to be subdivided in future. Mr. Anderson indicated that the revised plat gives the Smoot’s additional property as compared with the previous plat.
Mr. Cowie stated that there may be an additional concern relating to a four foot drop from the road to the property in one section. Mr. Anderson has agreed to grade the property to street level, but a slope easement will be required on the Smoot property. Councilmember Bayless inquired as to the length of the slope. Mr. Cowie stated that the estimate by the engineer indicates that it will extend ten to twelve feet. Councilmember Bayless felt that Mr. Anderson should be responsible for reseeding the slope area and restoring it to original condition.
Councilmember Hatch inquired as to whether the four week notice for the portion of the street which would be vacated with this plat had been completed. Mr. Cowie indicated that the four week notice is currently under way. He also stated that this request will be reviewed by the Planning Commission at the June 22 meeting.
Councilmember Bath expressed concern regarding possible drainage problems associated with the slope. Mr. Zollinger stated that the city engineer had recommended installation of dual inlet boxes for the drainage system, which would collect the drainage from neighboring development, and that no additional water would drain onto the Smoot property. Mr. Anderson indicated that the Smoot’s have agreed to the slope easement, and that they will sign easement documents prior to beginning the project.
Councilmember Bath stated that while the Council is not questioning whether or not the Smoot’s have been contacted regarding the changes, the City will need some documentation of that contact. Councilmember Bayless suggested making the documentation a condition of approval.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY MIKE ANDERSON FOR SUBDIVISION PLAT APPROVAL FOR COUNTRY COVE ESTATES, PLAT “B”, 4 LOTS WITH THE FOLLOWING CONDITIONS:
1. A SEPARATE PLAT OF “RHOADES PLAT C, LOT 1 & LOT 8” SHALL BE APPROVED TO CORRECT THE ALIGNMENT OF 270 NORTH AND RECORDED WITH THE COUNTY PRIOR TO, OR AT THE SAME TIME AS “COUNTRY COVE ESTATES”. PLAT SIGNATURES FOR ‘COUNTRY COVE ESTATES’ WILL NOT BE GIVEN BY THE CITY UNTIL PROPER HEARINGS AND/OR ROAD VACATION PROCEEDINGS HAVE OCCURRED.
2. THAT THE SIDEWALK, CURB, AND GUTTER STRUCTURES ARE COMPLETED IN FRONT OF THE SMOOT HOME BY THE CITY IN COOPERATION WITH THE RHOADES DEVELOPER.
3. THAT THE CURB, GUTTER, AND SIDEWALK GO TO THE END OF THE PROPERTY OF LOT 1, AND THAT CURB AND GUTTER GO TO THE POINT IN CHANGE IN DEFLECTION OF THE ROAD.
4. THAT THE NUMBER OF DROP INLET BOXES WHICH THE CITY WILL BE RESPONSIBLE FOR IS DOCUMENTED.
5. THAT A RESPONSE IS RECEIVED FROM THE SMOOT FAMILY REGARDING THEIR ACQUIESCENCE TO THE PLAT.
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
During further discussion, Mr. Dameron suggested that it be noted that the owner of the adjacent property will be responsible for installation of required improvements to the property at the time of development. Mr. Cowie also noted that there is no guarantee at this time that the Smoot property has adequate square footage to provide for a two lot subdivision in the future.
Mr. Anderson stated that the city engineer had suggested using the same contractor to install the drop inlet boxes that will be working on the proposed development. Mr. Dameron stated that the city would be willing to work cooperatively with the same contractor.
3. Review and Action – Amended Development Agreement – Leonard Lee. This is a request by Leonard Lee and staff to amend the existing development agreement between the City and Leonard Lee for the development of Timpanogos Academy Subdivision Plat “B”. This amendment will add other educational buildings to the mix and outline the future of the existing block building on the property.
Mr. Lee was not present at the meeting. Mr. Dameron indicated that Mr. Cowie could address the request. Mr. Cowie explained that in the original agreement, the City had allowed only specific uses for the property included in the plat. He also noted that the site is surrounded by residential areas. Mr. Cowie stated that Mr. Lee is proposing a private day care/preschool on the site. This is not a permitted use under the current agreement. Mr. Lee is also requesting that he be allowed to include dance, art, and music type schools on the site as well.
Mr. Cowie informed the Council that Mr. Lee is scheduled for the Planning Commission meeting on July 13th for review of his original plat. One property line will be eliminated, as well the existing block building on the site. The re-plat will not result in any net loss of square footage. A public hearing is required due to the change in the non-conforming structure, which will be eliminated. Mr. Cowie noted that the re-plat will “clean up” the existing property line. He also mentioned that Mr. Lee will continue the use of the existing block building for storage until the new structure is completed.
Mr. Dameron clarified that in essence, Mr. Lee is requesting additional uses that are compatible with the existing uses. Councilmember Bayless noted that the removal of the non-conforming structure should occur prior to issuing a certificate of occupancy for the new structure.
Councilmember Bath expressed concern regarding possible traffic safety issues. Councilmember Bayless suggested that Councilmember Bath obtain the Alpine School District bus and school schedule and forward it to Mr. Lee in order for the schools to coordinate their schedules for drop off and pick up times. The Council felt that coordination of the private school schedule with the Alpine School District Schedule could minimize traffic congestion.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE AMENDED AGREEMENT WITH LEONARD LEE TO CREATE ADDITIONAL APPROVED EDUCATIONAL SERVICES ON TIMPANOGOS ACADEMY PLAT “B” WITH THE FOLLOWING CONDITION:
1. THAT THE EXISTING BLOCK BUILDING IS REMOVED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE NEW BUILDING.
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Resolution – Annexation Petition (Resolution #2005-11). This is a request by Steve Miner for the Council to consider the annexation of certain property (approximately 27 acres) located at approximately 600 North 3000 West, west of the new I-15 Interchange off ramp.
Steve Miner was the representative for this request. Mr. Cowie stated that the request is to approve the application for annexation. Mr. Cowie explained that annexation of property requires a lengthy process, and approval of the application for annexation will allow the City to continue with the process. Following approval of the application, notices will be mailed to surrounding jurisdictions, owners of neighboring parcels, and any other affected entity. The notices will be followed by a thirty day appeal period, in which any entity receiving a notice may appeal the annexation with either the City or the County Boundary Commission. If no appeals are received, the City may proceed with the annexation process. Mr. Cowie explained that the area of annexation is approximately 27 acres and is located west of I-15. He also noted that the LDS Church owns a parcel of land in the area of annexation. Mr. Cowie stated that the Mountain View Corridor is planned for the area, which will include either a four lane road or a six lane freeway. Councilmember Bayless suggested that Mr. Miner allow generous set backs on any buildings on the site, to allow for the construction of the proposed road. Mr. Cowie went on to say that the city engineer had indicated that services could be provided, but some increase in infrastructure may be required. The increase in infrastructure may have been necessary without the annexation, depending on the type of development in the area. The engineer also indicated that it would be necessary for the City to participate in addressing drainage issues in cooperation with American Fork.
The Council discussed various issues relating to drainage and street improvements which will be necessary in the area. Mr. Miner indicated that he has owned the property for two and a half years, and is anxious to begin development.
Mr. Dameron reported that the area of proposed annexation has been an area of consideration for annexation since 2003.
Councilmember Bath inquired as to whether the LDS Church had been contacted regarding the annexation. Mr. Cowie indicated that he had spoken with church representatives on the phone. Due to the tax exempt status of the LDS Church, they are not allowed to request annexation, but they are not opposed to the annexation. The LDS Church requested that the area be zoned CG.
Councilmember Hatch asked if there were any additional questions or concerns. There were none.
COUNCILMEMBER BATH MOVED TO APPROVE RESOLUTION 2005-11 ACCEPTING AN APPLICATION FOR ANNEXATION BY STEVE MINER FOR FURTHER CONSIDERATION AND VERIFICATION OF ALL LEGAL REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE DATE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH TWO ABSENT.
5. Public Hearing – Final Budget for Fiscal Year 2005/2006 (Resolution 2005-12). The City Council will hear public comment concerning the final city budget for fiscal year 2005/2006, including the allocation of revenue from the water, sewer, and other enterprise funds to the general fund. One public hearing, a public work session, and two Budget Committee meetings have previously been held where the budget issues were discussed. Tonight, the Council will receive public comments and act to approve the budget for fiscal year 2005/2006, amend the budget for fiscal year 2004/2005, set the certified property tax rate for 2005/2006, approve an agreement for services between the RDA and the City, adopt the city wide fee schedule, and adopt an amended utility billing policy.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING FOR THE FISCAL YEAR 2005/2006 BUDGET. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Dameron informed the Council that following the budget presentation, the Council would be asked to adopt Resolution 2005-12, which includes the current year budget, amendments to the previous year budget, the certified tax rate, the current fee schedule, and the RDA agreement.
Kristen Colson, Finance Director/Treasurer, reviewed specifics of the budget which had been discussed in previous budget committee meetings, City Council meetings, and a prior public hearing. She explained that this is the final public hearing prior to approving the budget. Ms. Colson outlined details of both expenditures and revenues, and proposed changes to the City Wide Fee Schedule. Ms. Colson also presented five separate budget issues for consideration by the Council. The Council voted on each of the issues. The issues were presented as follows:
Budget Issue #1: Should Lindon City create a new Code Enforcement Officer position? The position would create a fiscal impact of $54,700 for wages and benefits, as well as $3,000 in start up costs. The position is necessary in order to continue to provide Lindon residents with high quality service. Funds for the position are included in the budget.
COUNCILMEMBER BAYLESS MOVED TO APPROVE BUDGET ISSUE #1. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Ms. Colson noted that the position would be advertised following the July 4th holiday.
Budget Issue #2: Should Lindon City enter into a three year lease purchase agreement for a vactor truck? The vactor truck currently owned by the City is ten years old, and is too small to meet the current needs of the City. The cost of the new vactor truck is approximately $249,000, with a trade in value for the old truck of approximately $70,000, creating a net cost for the new truck of approximately $179,990. The new truck would be financed for three years at approximately 5% interest. If this issue is approved, bids will be accepted for the purchase of the new truck and the trade in of the old truck, but amounts will not exceed the figures presented to the Council. Funds for the truck are included in the budget.
COUNCILMEMBER BATH MOVED TO APPROVE BUDGET ISSUE #2. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Budget Issue #3: Should Lindon City fund the increase in medical, dental and life insurance benefits for City employees? Ms. Colson commented on the significant increase in health care costs. The City would experience a 19% increase in cost if the current plan is maintained. City employees were presented with an alternate plan which included lower premiums and lower coverage, as well as an annual deductible. Employees voted to switch to this health plan, due to the proposal that the payroll deduction for employees would remain the same with this option. The option requested by the employees creates a 7% increase resulting in a fiscal impact of $22,000. Funds for this increase are included in the budget.
COUNCILMEMBER BAYLESS MOVED TO APPROVE BUDGET ISSUE #3. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Budget Issue #4: Should Lindon City provide employees with a 3.5% Cost of Living Allowance (COLA) increase and provide for a merit step increase in January? The Federal Consumer Price Index was used in calculating the COLA increase. An annual review for merit increases keeps salaries competitive and employee moral high. The pay increases create a fiscal impact of approximately $48,000 for COLA increases, and $19,000 for merit increases.
COUNCILMEMBER BATH MOVED TO APPROVE BUDGET ISSUE #4. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Budget Issue #5: Should Lindon City implement salary changes in accordance with the recent salary survey? Pay increases include moving the building inspector to a higher range, moving the finance director to a higher step, moving the superintendents to a higher range, and increasing the salary of the Mayor and City Councilmembers to meet the average pay in the valley. Ms. Colson noted that the Mayor and City Council are currently the lowest paid in the valley. Proposed increases will bring compensation for the Mayor and Council to the average of the valley. Councilmember Bayless suggested that the Planning Commission be considered for a pay increase next fiscal year.
COUNCILMEMBER BAYLESS MOVED TO APPROVE BUDGET ISSUE #5. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Ms. Colson went on to present proposed revenues for the City for 2005/2006. She stated that revenues are expected to be approximately $19,000,000, while proposed expenditures are just over $17,000,000. She noted that a large portion of revenues received through sales tax revenues are being spent on one time improvement projects, rather than the City becoming dependent on those funds for ongoing projects.
Ms. Colson noted that capital expenditures include road projects for 700 North and 200 South, as well as several park projects. Councilmember Bayless expressed appreciation for the matching funds which will be paid by the City for various trail projects.
Ms. Colson asked if there were any additional comments or concerns regarding the proposed Fiscal Year 2005/2006 budget. There were none.
There was no public comment.
COUNCILMEMBER BAYLESS MOVED TO ADOPT RESOLUTION 2005-12 APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 2005/2006, AMENDING THE BUDGET FOR THE 2004/2005 FISCAL YEAR,SETTING THE CERTIFIED TAX RATE, ADOPTING A FEE SCHEDULE, AND ENTERING INTO THE AGREEMENT WITH LINDON REDEVELOPMENT AGENCY. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH TWO ABSENT.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING FOR THE FISCAL YEAR 2005/2006 BUDGET. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO ADJOURN THE CITY COUNCIL MEETING TEMPORARILY AND CONVENE THE REDEVELOPMENT AGENCY AT 9:05 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
BOARDMEMBER BAYLESS MOVED TO ADJOURN THE LINDON CITY REVELOPMENT AGENCY AND CONVENE THE MUNICIPAL BUILDING AUTHORITY AT 9:13 P.M. BOARDMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
BOARDMEMBER BATH MOVED TO ADJOURN THE MUNICIPAL BUILDING AUTHORITY AND RECONVENE THE LINDON CITY COUNCIL MEETING AT 9:18 P.M. BOARDMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Public Hearing – Continued – Amendments to the City’s Sign Ordinance – Title 18 of the Lindon City Code. The City Council will hear public comment and possibly act to approve amendments to Title 18 – Sign Ordinance of the Lindon City Code. This public hearing was continued from the meeting of June 7, 2005.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING FOR PROPOSED AMENDMENTS TO THE LINDON CITY SIGN ORDINANCE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Bayless commented that she felt it was important that the full Council be present when a final decision is made regarding sign ordinance amendments. Councilmember Bath and Councilmember Hatch expressed agreement. Mr. Cowie requested that the Council go through some general information. Mr. Cowie commented on court cases he has reviewed, which indicate that any restrictions placed on signage by a city “must advance a specific governmental interest.” Mr. Cowie presented information on various elements of signage, which included LED type signs, neon signs, wall signs, and awning signs, and discussed specific recommendations for each type of sign. Mr. Cowie spoke specifically about political signs. According to nationally recognized court cases, the amount of time a political sign is displayed on private property cannot be regulated by the City. The City does have the ability to regulate the size and location of political signs, but can not regulate the length of time the sign is displayed, as the courts have ruled it to be a limit on free speech to require removal of the signs. Mr. Cowie proposed limiting the size of political signs in residential areas to six square feet, while political signs in commercial areas could be up to thirty two square feet. Councilmember Bayless noted that there is a need to require permission to be obtained from property owners prior to placing a political sign on private property. She commented that there have been problems in the past when political signs have been placed on private property without permission.
Mr. Cowie reviewed the need for signage for businesses to be readable from the street. He also discussed the size of the sign relative to the size of the business. Mr. Cowie showed examples of various large signs in the City, and noted that they did not seem excessively large when compared to the size of the business and street frontage. Mr. Cowie discussed various recommendations for maximum allowable signage, including wall, window, and awning signs. He showed photographs which depict various percentages of wall, window, and awning signs.
Councilmember Hatch asked if there were any residents present to address this issue. Kirk Brimley and Steve Bown approached the Council. Mr. Brimley reviewed for the Council the need to ensure signage is adequate size to address safety concerns related to identification of the business by passing vehicles. Mr. Brimley noted that signage must be large enough to be read at a glance, and must clearly identify the business. According to Mr. Brimley, 30% of McDonalds business is generated from signage alone. Mr. Brimley specifically addressed LED type signage. He stated that messages must be large enough to be quickly and easily read by drivers, especially on the freeway.
Mr. Bown is the owner of Skyline Productions business in Lindon near the freeway. Mr. Bown stated that a sign near the freeway is critical to the continued success of his business. Mr. Bown stated that he has had complaints from potential clients that they have had difficulty locating the appropriate exit to access his business, as well as difficulty locating his business after exiting the freeway. Mr. Bown stated that he is willing to comply with the sign ordinance, but felt that an LED reader board type sign would provide the needed identification for his business.
Mr. Cowie stated that the City attorney has reviewed the proposed amendments, and had no specific recommendations. The attorney felt comfortable with any of the various options which have been outlined.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE LINDON CITY SIGN ORDINANCE TO THE MEETING OF JULY 5, 2005. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING FOR PROPOSED AMENDMENTS TO THE LINDON CITY SIGN ORDINANCE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Review and Action – Timp Lake Trail Contract Modification. The Council approved the federally funded Timp-Lake UDOT Design Cooperative Agreement on March 1, 2005. Since that time, additional funds have become available to expand the scope of the design project to include the Bonneville Shoreline Trail, from Lindon’s north border to the southern border, and the section of the Timp-Lake Trail between Geneva Road and Utah Lake. This contract modification will include these sections of trails through Lindon City.
Mr. Dameron explained that the Council had approved the use of Federal Funds and City matching funds for this project at the March 1, 2005 meeting. Since that time additional funds have become available through the Mountainland Association of Governments which will allow the inclusion of two additional sections of trail. This will enable the engineer to design the entire trail at the same time. Mr. Dameron reported that the City will bear 7% of the cost of the trail, which will be approximately $9,711. He stated that the City has the resources available to meet the necessary match.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MODIFIED TIMP LAKE TRAIL CONTRACT. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH TWO ABSENT.
8. Review and Action – Bid Award – 200 South Storm Drain (850 East to 1200 East). Requests for bids have been properly advertised and received for the construction of the 200 South Storm Drain project. The low bidder is Van Con, Inc. in the amount of $195,358.70. Staff recommends awarding the contract to Van Con, Inc.
Mr. Dameron noted that this project would occur in conjunction with the joint project with Orem City for street improvements on 200 South Street. The project will pipe storm drains which currently run externally into the gutter structures. Van Con, Inc. will be doing the work associated with the road improvements, and submitted the low bid for the storm drain project. Mr. Dameron commented that the bid was slightly lower than the estimate by the City engineer.
COUNCILMEMBER BATH MOVED TO AWARD THE BID FOR THE CONSTRUCTION OF THE 200 SOUTH STORM DRAIN TO VAN CON, INC. IN THE AMOUNT OF $195,358.70. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH TWO ABSENT.
COUNCIL REPORTS –
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch discussed the bailer used at the landfill. He stated that the bailer has not worked properly since it was purchased, and has required extensive repairs. The landfill had recently been contacted by a company called UTEK. UTEK had expressed interest in purchasing the bailer, but also wanted to participate in running the landfill. Councilmember Hatch stated that the landfill has had similar offers in the past with less than favorable results. He stated that employees of the landfill do a good job in running the facility and they are not interested in an outside company influencing the day to day operations. UTEK representatives were scheduled to meet with landfill representatives the previous week. Landfill representatives informed UTEK that they are not interested in having them operate the facility. The UTEK representative left the meeting without further discussion regarding the bailer. Councilmember Hatch stated that payments on the bailer are being made as scheduled, and the landfill will continue current operations.
Councilmember Hatch also reported that he had received information from the housing consortium that forty year mortgages are being considered by mortgage companies. The intent of the forty year mortgage is to make it possible for more people to purchase a home, as it will keep monthly payments affordable. Members of the consortium felt that it would not be a benefit for clients. He also noted that for the first time, revenues programmed income in the amount of $497.93 from Lindon projects had been generated through the consortium. Councilmember Hatch went on to explain that typically the consortium provides down payment assistance to first time home buyers, assuming that the down payment will be paid back to the consortium. However, if the home buyer resides in the home for a period of time and makes current payments, the down payment amount is may be forgiven.
Mr. Dameron asked Councilmember Hatch if there had been any discussion with the landfill board regarding storm water drainage problems in the area. Mr. Dameron indicated that there is a “choke point” in the drainage system which is caused by inadequate drainage pipes which were installed by the landfill. Councilmember Hatch stated that the landfill board felt that the repairs are the responsibility of the cities involved, due to the fact that they installed the pipes which they felt were specified by the engineers. Mr. Dameron noted that the City had incurred significant expense during recent flooding. Large pumps had to be rented which pumped flood water out of the area. Councilmember Bath asked if the vactor truck would be effective in eliminating the flooding. Councilmember Hatch informed him that the pipe is too large for the vactor truck to be effective. Mr. Dameron commented that area Mayors have met to discuss the problem, and will be meeting with the landfill board in order to address the problem before more flooding occurs.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
No items were reported.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
No items were reported.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER
No items were reported.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
No items were reported.
ADMINISTRATORS REPORT
Mr. Dameron reviewed items which will be presented to the Council at the July 5, 2005 meeting. Items include the vacation of a portion of Lakeview Road, the vacation of a portion of 2000 West at 700 North, approval of Country Cove Estates street vacation, and a variance for the Utah Auto Sales sign. The sign variance came about due to a miscalculation in the frontage of the site. A fourteen foot sign had been approved, but upon review of the site it was determined that the site does not have adequate frontage for the proposed sign. The Planning Commission will review the items on June 22 for recommendation to the City Council.
The Council reviewed the project tracking list and requested to review the Noah’s Center application. They also discussed the Hatfield property. Half of the property is zoned residential and half commercial. Mr. Hatfield has requested a zone change for a residential subdivision.
Mr. Dameron noted that recycling accounts have remained at 278 this month.
Mr. Dameron reported that construction of 700 North from Geneva Road to 2000 West will begin on Monday, and is scheduled for completion in December 2006. Asphalt will be completed in April or May of 2006.
Mr. Dameron reminded the Council that there is a community service project to install the sod at Hollow Park scheduled for July 16th at 7:00 a.m.
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 10:57 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – July 5, 2005
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Ott H. Dameron, City Administrator/Recorder
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Jeff Acerson, Mayor
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