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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » May 17, 2005
May 17, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, May 17, 2005, beginning at 7:00 p.m., in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.
Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Lindsey Bayless, Councilmember
Invocation: Bruce Carpenter, Councilmember
PRESENT ABSENT
Jeff Acerson, Mayor H. Toby Bath, Councilmember
Eric Anthony, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember – arrived at 7:15
Ott H. Dameron, City Administrator
Adam Cowie, Planning Director
Linda Agler, Public Works Secretary – was excused at 7:45
Debra Cullimore, Deputy Recorder – arrived at 7:45
The meeting was called to order at: 7:06
Mayor Acerson welcomed all present and stated that he hoped that the community felt the Council is approachable. He encouraged residents to take advantage of the opportunity available to them to address the Council at any time.
PRESENTATIONS –
1. The elementary school teachers who received educational grants from the city have been invited to report to the Council on the use of the funds.
Janis Clause from Lindon Elementary reported that she used funds from the grant she was awarded to purchase library books. She stated that the books are well loved by the children, and she thanked the Council for the opportunity to participate in the grant program.
Marilyn Abney teaches fifth grade at Lindon Elementary, and used grant funds to purchase books which are a continuation of books used in her current literacy program. She stated that the books have been a great benefit to the students at Lindon Elementary.
Ila Jean Walker is a third grade teacher, and explained that she had used grant funds to purchase books and videos which provide education on indigenous people from Argentina, Venezuela, and Brazil, as well as Incas and Native Americans. These resources augment the current curriculum for third grade.
Margaret Olsen, also a third grade teacher, used similar books and videos to illustrate the methods used by the Incas to move blocks weighing a ton to construct buildings and bridges. The educational materials also illustrate the comparison between the Rocky Mountains and the Andes Mountains. She displayed clay medallions made by the students which are representative of medallions depicted in the instructional materials used by the teacher.
Another third grade teacher, Jessica Nelson, stated that grant funds she received were used to purchase materials used to construct a comparative culture timeline, as well as books on South American Indians, South American geography, and an encyclopedia of all the American Indian tribes.
Virginia Swenson, a first grade teacher, reported that she had used funds to purchase simply written non-fiction books which are used in the school’s reading workshop. She stated that they are a great addition to their library.
Jackie Wornick stated that the materials which she purchased with the grant funds are just beginning to arrive by mail. Ms. Wornick will be teaching fifth grade next year, but will leave the material purchased with the grant funds for use by the new first grade teacher.
Ann Barker and Kirsten Bydie used funds to purchase bare books, which are blank bound books, which students use to write and illustrate their own stories. The activity is intended to reinforce the idea that if the students are willing to do the work, they too can be published writers.
Cherae Ecalono, a seventh grade science teacher, was pleased to show the chemistry kits she purchased with her grant funds. She illustrated how the students better understand the relationship between atoms and molecules as a result of the kits use in the classroom.
Susan Roberts from Lindon Elementary reported that her class is studying the Revolutionary War with books which were purchased with grant funds.
Kim Walker used grant funds to purchase materials for the class to create their own video documentaries using a lab.
Karen Bodily from Oak Canyon Junior High purchased “reading fluency phones” made from PVC pipe. Ms. Bodily stated that the purpose of the phones is to enable the students to hear their own voice while reading out loud, and is a technique used to promote reading skills. It tends to make the child feel safer while reading and can improve self confidence, pronunciation, and reading skills.
2. Linda Gordon, a teacher at Rocky Mountain Elementary and former recipient of a city educational grant, will ask the Council to honor four students who received awards in a “hop scotch” tournament.
Ms. Gordon reported that she had used grant funds received previously from the City to purchase materials to conduct an annual “hop scotch” tournament. Ms Gordon presented four students to be honored for their participation in the recent tournament. The students honored for participation were Daniel Barry, Braden Moffit, Melissa Fuchs and Alissa Crabb. The Council and the audience applauded the participants.
MINUTES – The minutes of the regular meeting of May 3, 2005 were reviewed. The following corrections were made:
Page 1, Line 35: replace the word “four” with the word “three”.
Page 1, Line 37: add the word “a” before the word “period”.
Page 8, Line 31: rephrase the sentence to read “He also noted that the coverage provided is high quality health insurance and will continue to be a valuable benefit to city employees compared to large companies.”
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE MAY 3, 2005 MEETING AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION – Citizen comments
No comments.
MAYORS COMMENTS/REPORT -
Mayor Acerson stated that the he had no specific items to report. He expressed appreciation for the attendance of so many residents at the meeting.
CONSENT AGENDA –
No items.
CURRENT BUSINESS –
1. Site Plan – Washington Mutual Bank. This is a request by Cary Dunn of Nova Source Development, representing Washington Mutual Bank, for site plan approval for a Washington Mutual Bank building in the CG zone at 579 North State Street. The Planning Commission recommended approval with no conditions.
Mr. Cowie introduced this item and explained that there have been several revisions to the plan initially presented by Washington Mutual. During review by the Planning Commission, suggestions had been made for changes to the architectural design of the building, as well as the addition of timber and stone elements, which have been incorporated into the design. Mr. Cowie distributed a current rendering of the proposed project, and indicated that the plan also meets required landscaping guidelines. Mr. Cowie indicated that an additional entrance into the Wal-Mart parking area will be created.
Mr. Dameron inquired as to the landscaping plan. Mr. Dunn described the existing trees and the addition of larger trees, which include Honey Locust and Flowering Cherry trees. Pine trees, Spyeria, Crimson Pygmy and a mixture of bushes will be added near the drive through entrance and the block wall.
Mayor Acerson asked if the applicant was comfortable with the recommendations made by the Planning Commission. Mr. Dunn stated that they viewed the recommendations as a challenge and an opportunity.
Councilmember Carpenter remarked that the plan speaks well of Washington Mutual. Councilmembers questioned the amount of blue used in the design near the entrance of the building. Mr. Dunn stated that the blue color is a distinguishing factor in the corporate image and name recognition of Washington Mutual, and while the corporation was willing to compromise on the amount of color, it was not willing to eliminate the use of the blue on the building.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY NOVA SOURCE DEVELOPMENT FOR SITE PLAN APPROVAL OF A WASHINGTON MUTUAL BANK AT 575 NORTH STATE STREET. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Preliminary Plat – Country Cove Estates, Plat “B”. This is a request by Mike Anderson for preliminary subdivision plat approval of Country Cove Estates, Plat “B”, 3 lots, in the R1-20 zone at 270 North 460 East. The Planning Commission recommended approval with conditions.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THIS ITEM UNTIL LATER IN THE MEETING DUE TO THE FACT THAT MIKE ANDERSON HAD NET YET ARRIVED. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Public Hearing Continued – Ordinance – R2 Overlay Zone Amendments. This public hearing was continued from last City Council meeting. The Planning Commission met on April 13, 2005 and submitted several recommendations concerning amendments to the R2 Overlay Zone. The City Council reviewed the proposed amendments during its meeting of May 3, 2005, and decided to continue deliberation to tonight’s meeting.
COUNCILMEMBER BAYLESS MOVED TO OPEN THE PUBLIC HEARING ON PROPOSED R2 OVERLAY ORDINANCE AMENDMENTS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR THE MOTION CARRIED.
Mr. Cowie presented a draft of the proposed R2 Overlay Ordinance amendments. He also presented a visual of the R2 Overlay Districts which illustrate the effect of the proposed amendments on available space in each of the districts. Mr. Cowie commented on clarification made by Councilmember Carpenter in previous review of the ordinance, in which he stated that the reduction in density created by increasing the buffer zone between projects to 1000 feet was not intended to apply to existing projects, but only to new projects which would begin following approval of the amendments. Mr. Cowie noted that according to those guidelines there is still a considerable amount of space left in the R2 Overlay Zone. Mr. Dameron suggested that a sentence be added for clarification purposes in section 17.46.040 which specifically states that six units per acre shown here is for the calculation of the 4% rule only. Councilmember Carpenter and Councilmember Anthony agreed that further clarification was necessary. Mr. Cowie stated that he would include the sentence in the final draft.
Councilmember Anthony asked if the general direction of the Council in this matter had been conveyed to the Planning Commission. Mr. Cowie stated that the Planning Commission was aware of the direction the Council was taking, and are supportive of their actions.
Councilmember Bayless noted that on page 3, line 19 of the draft, triplexes were still listed as acceptable. Mr. Cowie clarified that according to the proposed amendments, four-plexes were disallowed, but that triplexes were still an option. Mayor Acerson noted that while a developer could opt for a triplex, it is more likely that two duplexes would be built.
Mr. Cowie noted that there are several R2 Overlay districts which are nearly full, and suggested that it may be something the Council should review at some point in the future. Mr. Cowie also stated that during discussion with Mayor Acerson and Councilmember Carpenter, they had determined that language should be added to clarify the purpose of providing moderate income housing as part of the R2 Overlay Ordinance. According to research conducted by Mr. Cowie, the maximum price of a home which would qualify as moderate income in Lindon at this time is $172,000 when assuming current interest rates and a thirty year mortgage. The total amount spent monthly on housing and associated costs would be $1,122 to meet the criteria of moderate income. Councilmember Hatch inquired as to the range for low income housing. Mr. Cowie stated that moderate income is figured at 80% of the median income, while low income is figured at 30% - 50% of the median income.
Mayor Acerson called for public comment. Lindon resident Linda Nelson commented that she felt that the Council was doing a great job and headed in a positive direction. Hearing no further comment, Mayor Acerson called for a motion.
COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARING ON THE PROPOSED R2 OVERLAY ORDINANCE AMENDMENTS. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO APPROVE ORDINANCE 2005-6 AMENDING CHAPTER 17.46. – R2 OVERLAY - OF THE LINDON CITY CODE, MODIFYING, AMENDING AND REVISING VARIOUS PROVISIONS OF THE CHAPTER AND PROVIDING FOR AN EFFECTIVE DATE. COUNCILMEMBER ANTHONY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
Councilmember Carpenter expressed appreciation to Mr. Cowie for his extensive efforts in drafting the amendments.
4. Discussion – Pending Amendments to the City’s Sign Ordinance. Mr. Steve Bown of Skyline Exhibits, USA would like to address the Council concerning a sign application he would like to submit to the city. His business is located at 85 South 1380 West.
Mayor Acerson mentioned that he had recently attended the Governor’s Transportation Forum where he had met Mr. Kirk Brimley. Mr. Brimley is an employee of YESCO as well as a member of the Utah Sign Association. Mr. Cowie commented that Mr. Brimley had provided some useful information to the Planning Commission during the public hearing held during the meeting on May 11, 2005. Mr. Cowie stated that the Planning Commission had been unable to reach a consensus on recommendations for amendments to the sign ordinance during that meeting. Planning Intern John Martineau has prepared a visual presentation which depicts different sizes of signage on area businesses, which will be presented to the Planning Commission during the meeting on May 25, 2005. The presentation should provide necessary information for the Planning Commission to make an informed decision regarding recommendations for amendments specific to allowable size of signage. Mr. Cowie commented that he not received any clear direction from the Planning Commission regarding the use of LED or motion type signage. He stated that the general feeling of the Planning Commission was that the freeway area could be treated differently in relation to signage than the State Street or 700 North Corridors. Mr. Cowie reminded the Council that following discussion regarding changeable copy and motion signs, it had been determined that LED type signs fit the definition of a motion sign. The current sign ordinance specifies the maximum size of motion signs may not exceed one foot by eight feet, and can only be located every 600 feet in the T-Zone area. Mayor Acerson observed that there are currently motion signs in the freeway area which exceed the allowable size. Mr. Cowie stated that this is due to previous interpretation of the code.
Mayor Acerson stated that he had been in discussion with Mr. Steve Bown, owner of Skyline Exhibits USA, a Lindon business located near the freeway. Mr. Bown had contacted the Mayor regarding a sign he is requesting for his business, which includes a video screen portion. Mr. Bown had expressed to the Mayor some urgency in installing his sign, due to the fact that he is holding a conference at the site in August. Clients will be traveling to the conference from various locations in the country, and Mr. Bown felt it would be important to more clearly identify his business location prior to the conference. Mayor Acerson had agreed to include this item on the agenda for tonight’s meeting to discuss whether any action could be taken at this time. Councilmember Carpenter inquired as to whether the moratorium would be invalidated if an exception were made for Mr. Bown. Mr. Dameron stated that if the Council felt the moratorium is relevant to the entire city, no exception could be made.
Mayor Acerson invited Linda Bown, Steve Bown’s wife, to address the Council. Mrs. Bown stated that they have been working with YESCO for the past year to determine the specific design of the sign, and that the sign has already been purchased. She stated that the location of their business in proximity to the freeway has made it difficult for many of their clients to locate them after exiting the freeway. According to Mrs. Bown, there is a similar business located in the same area, and it is very easy for potential clients to go to the wrong place without a means for them to clearly identify the location of their business.
Councilmember Carpenter asked Mrs. Bown to clarify the type of sign they are requesting. Mrs. Bown distributed a color photo of the proposed sign. A YESCO representative present in the audience stated that the sign includes a color video screen, similar to the sign which is located on the Supersonic Carwash business located in Orem. He specified that the sign proposed by Skyline Exhibits USA is smaller in size than the sign in Orem.
Councilmember Bayless noted that while the Council does not want to have a negative effect on businesses, she felt that it is important to complete the review process of the entire sign ordinance prior to making any decisions regarding signage in the City. Mayor Acerson agreed that the Council has an obligation to consider signage in the city as a whole. Councilmember Anthony felt that there is an additional issue which should be considered when determining allowable signage near the freeway. He stated that consideration should be given to the fact that there will likely be many large businesses located near the freeway exit, such as large gas station facilities, which will make requests to install large signage. Councilmember Anthony felt that signage along the freeway area should be given serious consideration, as it will have a great impact on future development.
Councilmember Carpenter asked Mr. Cowie if the sign as it is proposed meets the current sign ordinance. Mr. Cowie stated that it does not meet current requirements. Councilmember Carpenter observed that if an application for the sign were allowed at this time, it would be denied, due to the fact that it does not meet the requirements of the current ordinance.
Mayor Acerson clarified the intent of the Council to review signage in the entire city at this time, and pointed out that the city cannot be split into separate areas during this review process. He expressed to Mrs. Bown his desire for Skyline Exhibits to remain in Lindon. Mayor Acerson asked Mrs. Bown if she felt that she had received necessary direction from the discussion. Mrs. Bown stated that she felt encouraged by the fact that the sign was still a possibility, and stated that they are interested in installing the sign regardless of whether or not the August deadline can be met. She inquired as to recommendations for changes to the sign in order to bring it into compliance. Mr. Cowie informed Mrs. Bown that the LED portion of the sign exceeds the maximum allowable size, but that the other elements appear to be within guidelines. Mrs. Bown also inquired as to the possible time frame for the review process to be completed. Mr. Cowie informed her that the revisions would be presented to the Planning Commission in approximately two and a half weeks, and then passed on to the City Council for approval. He stated that the process would take at least an additional three weeks. Mayor Acerson thanked Mrs. Bown for her time and willingness to be a part of the process. Mr. Cowie informed Mrs. Bown that the public hearing on this item has been scheduled for the Planning Commission meeting at 7:00 on May 25, 2005, and invited the Bowns to attend.
Country Cove Estates
At this time, Mike Anderson had arrived at the meeting. Alan Smoot, the owner of the property adjacent to the proposed subdivision, was also in attendance at the meeting. The Council returned to this item for review. Mr. Cowie reviewed the proposed development and related issues. He stated that he had recently become aware of changes which will be necessary to the configuration of the roads in the area of the proposed development. The changes are due to the fact that the roads installed in the Rhoades subdivision were originally constructed to be in line with the through street provided for in the master plan. Approval of Country Cove Estates and the associated cul-de-sac street eliminates the through street, and will require realignment of the street to allow the construction of the proposed cul-de-sac. The change in the alignment of the road will require a public notice in the newspaper for a four week period, as well as a scheduled public hearing.
Mr. Cowie explained that the current proposal indicates that the full bulb of the cul-de-sac will be asphalt to a width of thirty feet, but that no curb, gutter, or sidewalk structures will be installed except in front of the homes located on the site. Mr. Cowie also indicated that the west property line between the Anderson property and the Smoot property would be moved eight feet to the west, in order to give Mr. Smoot the minimum square footage required for a possible two lot subdivision in the future.
Mr. Cowie commented on information which had been given by Mr. Smoot during review of this item at the Planning Commission meeting on May 11. According to Mr. Smoot, during the construction of the Rhoades Subdivision, sidewalk, curb and gutter structures were installed along part of the frontage of his home. Mr. Smoot stated during the Planning Commission meeting that a bond had been posted for the completion of those improvements, and he requested that they be completed. Mr. Cowie stated that he has been unable to determine that those funds exist, and can find no evidence that those monies had ever been received by the city. Councilmember Carpenter inquired as to who the developer of the project was. He was informed that the developer was Gary Herbert. Mr. Smoot addressed the Council on the issue. He stated that Mr. Herbert had indicated to him that the bond would be posted, and that this is standard practice for development. Mr. Smoot felt that the full amount of the bond had been refunded to the developer, and that this was an oversight on the part of the City. He felt that neither he nor Mr. Anderson should be responsible for the improvements when, in his opinion, the City is responsible for inappropriately refunding the full bond to the developer. Mayor Acerson stated that if bond funds for the improvements had been mistakenly refunded, the developer should return those funds for completion of the improvements.
Councilmember Carpenter inquired as to the maximum number of lots on the site. Mr. Cowie stated that there would be a maximum of five lots associated with the cul-de-sac. Councilmember Carpenter stated that he was attempting to compare the impact of the cul-de-sac as opposed to the through street in the master plan, and the possible impact on the area. After reviewing the entire site, Councilmember Carpenter determined that there was a possibility of up to twelve lots on the vacant property in this area. He observed that the maximum number of lots would remain at five, unless another property owner in the area decided to develop adjoining property at some time in the future. Mr. Anderson pointed out that construction of the through street would require the cooperation of the owner of the Hinckley home which is located on the west side of the site. Mr. Anderson stated that he had approached Mrs. Hinckley early in the planning stages of the proposed development regarding a utility easement on her property. Mrs. Hinckley recently lost her husband, and would not allow the utility easement, due to the anxiety she felt over the possibility of unforeseen problems associated with it in the future. Mr. Anderson felt certain that if Mrs. Hinckley was aware that the City was considering construction of a road that would affect her property it would cause her a great deal of stress. Mr. Anderson also felt that the construction of the Hinckley home to the north had eliminated the possibility of the through street. Therefore, the cul-de-sac provides the most practical use of the property.
Mayor Acerson asked if the Hinckley family had been notified that this item would be addressed by the Council at this meeting. Mr. Cowie stated that the Hinckley’s had been sent a letter informing them of the meeting which included a plat map, but had not responded. Mayor Acerson stated that he would feel more comfortable approving this request if there were some communication between the City and the Hinckley’s. He felt it would be beneficial to have their comments noted on the public record as to their opinion of the development. Mayor Acerson stated that he would like to be certain that the Hinckley’s do not feel the proposed development would be detrimental to them in the future. Mr. Cowie stated that he would be happy to make contact with them.
Councilmember Anthony asked Mr. Smoot to express his feelings regarding the development. Mr. Smoot stated that he has mixed feelings, and that he would like to keep the area as a horse pasture, but was aware that development of the property was inevitable. Mr. Smoot felt that development will be beneficial to him, and will provide an opportunity in the future for development of his property as well, and felt that if the sidewalk in front of his home were to be completed, it would offset the negative effect of the loss of grazing property he will experience due to the development. Councilmember Anthony asked Mr. Smoot if it is consistent with his desires to asphalt the full bulb of the cul-de-sac, but not install the curb, gutter, and sidewalk along his property. Mr. Smoot stated that it his consistent with his desires.
Mr. Anderson stated that the proposal presented to the Council tonight has been revised to include asphalt on the full bulb of the cul-de-sac, as well as curb and gutter around the bulb which will continue on to the point in deflection change of the cul-de-sac, which is at the edge of the Smoot property. Mayor Acerson asked for clarification on the reasoning behind not completing the road. Mr. Anderson stated that it is on the Smoot property, and they do not wish to have it completed. Mayor Acerson asked Mr. Dameron for staff’s opinion concerning unfinished streets. Mr. Dameron stated that it is always the preference of the City to have roads completed for both safety and aesthetic reasons. Mayor Acerson asked Mr. Anderson if he is willing to install all of the improvements. Mr. Anderson stated that he is not willing to do so, as he has already incurred significant costs associated with the installation of the sewer and storm drain systems. Mayor Acerson suggested that Mr. Anderson consider a reimbursement agreement with Mr. Smoot, wherein he would be reimbursed for improvements at the time the Smoot’s develop their property. Mr. Anderson observed that reimbursement agreements are good for a period of only seven years, and that the Smoot’s are unlikely to develop in that time.
Councilmember Carpenter felt that according to the dimensions of the Smoot property, it was unclear as to whether there is enough total frontage to allow for the development of two lots in the future. Brandon Zollinger, who had accompanied Mr. Anderson at the meeting, stated that according to his interpretation of the code there is adequate frontage. Mr. Cowie displayed a copy of the code relating to frontage, which specifies that lot frontage in the residential zone must be a minimum of 100 feet at the 30 foot setback point of the property. Mr. Cowie interpreted the code to mean that the width of the lot must be maintained at 100 feet along the entire length, while Mr. Zollinger felt that according to the code, the lot must comply with the 100 foot width only to the 30 foot setback point. Subsequent to discussion, the general consensus of the Council was that a reasonable width should be maintained, but did not necessarily have to be maintained at 100 feet to the rear of the property. Therefore, under the current code, the lots would meet minimum size requirements for development.
Mr. Anderson further addressed the storm water issue. He stated the plans call for three inlets which will also handle the storm water from the Rhoades subdivision. According to Mr. Anderson, the inlets would feed to a drainage pipe which is already in place, which the City holds the easements to. Mr. Anderson stated that he did not feel it was his responsibility to handle the storm water from the Rhoades subdivision, and that in his opinion, the City should be responsible to install the storm drain inlet drop boxes. Mr. Dameron expressed that in his opinion, storm water drainage from streets is a city obligation.
Councilmember Bayless stated that she had listened to the review of this item during the previous Planning Commission meeting. In her opinion, neither the Smoot’s nor the Anderson should be required to install the improvements on the vacant area of the street adjacent to the Smoot’s home.
Councilmember Bayless also inquired as to whether there is any record of who the balance of bond funds designated for completion of the sidewalk structure was released to. She stated that the party who had received the funds should be responsible to complete the improvements. Mr. Smoot read a document which he felt stated that the bond funds should be held by the City and released upon completion of the improvements. Mr. Smoot felt that it was an oversight on the part of the City that the funds were released. Therefore, he felt it is the responsibility of the City to provide the funds to complete the improvements. Councilmember Carpenter felt that the City should contact Mr. Herbert, (the developer of the Rhoades Subdivision) regarding the funds in question, and that the improvements are likely Mr. Herbert’s responsibility. Following further discussion, Councilmember Bayless inquired as to whether the Council was ready for a motion. Mayor Acerson invited Councilmember Bayless to make a motion.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY MIKE ANDERSON FOR A MINOR SUBDIVISION TITLED “COUNTRY COVE ESTATES, PLAT ‘B’”, THREE LOTS AT 270 NORTH 460 EAST 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 CITY RECEIVE NOTIFICATION FROM THE HINCKLEY FAMILY THAT THEY DO NOT FEEL THE PROPOSED DEVELOPMENT IS A DETRIMENT TO FUTURE DEVELOPMENT OF THEIR PROPERTY.
3. THAT A THIRTY FOOT SETBACK BE MAINTAINED ON THE EXISTING SMOOT HOME.
4. THAT THE CITY INITIATE CONTACT WITH THE RECIPIENT OF THE RELEASED BOND FUNDS TO DETERMINE IF THEY ARE WILLING TO COOPERATE IN THE COMPLETION OF THE SIDEWALK STRUCTURE.
5. THAT THE SIDEWALK, CURB, AND GUTTER STRUCTURES ARE COMPLETED IN FRONT OF THE SMOOT HOME BY THE CITY, IF NO COOPERATION IS RECEIVED FROM THE RHOADES DEVELOPER.
6. THAT THE REQUIRED FOUR WEEK NOTICE AND PUBLIC HEARING FOR THE ROAD REALIGNMENT TAKES PLACE.
7. THAT THE CURB, GUTTER AND SIDEWALK STRUCTURES ARE COMPLETED IN FRONT OF ALL THE PLATTED LOTS, AND THAT THE CURB AND GUTTER CONTINUE AROUND THE BULB OF THE CUL-DE-SAC TO THE POINT IN CHANGE OF DEFLECTION OF THE ROAD.
COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Discussion – West Side Housing Guidelines. This is a request by the property owners in the west area of the city for the Council to establish guidelines which a future developer might use to build housing in this area of town.
Councilmember Carpenter stated that he was anxious to discuss the outcome of the recent meeting held between representatives of the City and west side property owners to discuss design guidelines for possible development in the area. Mayor Acerson asked Mr. Cowie to summarize the meeting. Mr. Cowie stated that as part of the development, he had done research relating to the specifications of moderate income housing. Results of the research conducted by Mr. Cowie indicate that the median income for Utah County is $44,900 per year for a family of four. Based on that median income, the maximum allowable amount of money for housing and related costs is $1,222 per month, or $13, 470 per year. These figures are based on a family of four, and vary from county to county. The approximate purchase price of a home to meet these specifications would be $172,000, based on current interest rates and a thirty year mortgage.
Mayor Acerson observed that one of the objectives of the meeting was to avoid a situation in the future where there is discussion and perceived encouragement for development which does not have a likelihood of being approved.
Councilmember Bayless referred to a development in Herriman which she had toured with former Planning Director Kevin Smith. She stated that she and Mr. Smith had felt that the development was well done, and that a similar development would be desirable in Lindon. Councilmember Bayless stated that if done properly, the development could serve as a bridge in the community between established areas and new areas of town. She noted that the perimeter of the development would consist of half acres lots, with varying sizes of smaller lots located at various places in the development. Councilmember Hatch clarified that the half acre lots would include animal rights, and would be located on the perimeter and/or along the main thoroughfares of the development. He also explained that a portion of the proposed homes would be “patio” type homes, which would be intended as retirement properties for Lindon residents who are no longer able to care for lots with larger acreage, but still wish to be a part of the community.
Councilmember Bayless stated that a certain percentage of the homes in any approved development would be required to meet the moderate income housing guidelines outlined by Mr. Cowie, and that the intent is to provide home ownership rather than rental units. Councilmember Bayless stated that results of the discussion indicate that density would be preferred at four units per acre, but could be stretched to five units per acre if necessary. Councilmember Carpenter observed that it would be the responsibility of the developer to offset the density of the development with the combination of large and small lots. Councilmember Bayless stated that she felt a clear definition of the minimum allowable lot size had not as yet been addressed to her satisfaction. Councilmember Carpenter inquired as to whether or not multi-unit housing would be included in the proposed development. Councilmember Hatch stated that in his opinion, multi-unit housing could be allowed if the same buffer zone applied in this area as to other R2 Overlay projects. Mr. Dameron suggested extending the R2 Overlay into the development. Councilmember Hatch agreed, and stated that the R2 Overlay has served the City well, and should be included in new areas of development. Mr. Cowie observed that considering the size of the potential development, the R2 would allow only 2-3 units. Councilmember Hatch stated that may be all that would be necessary.
Members of the Council discussed at length the best method of combining different lot sizes into a development, whether it would be best to have smaller lots located in groups, or whether they should be integrated into the same areas as larger lots. Several suggestions were made for configuration of potential developments combining different lot sizes and open areas.
The Council discussed the percentage of affordable housing they would like to see included in any potential development. Councilmember Carpenter noted that the requirement according to judicial precedence is 4%. Mr. Dameron observed that based on available acreage for the proposed development of 56 acres, 2.24 acres would be set aside as units which meet the criteria of moderate income housing if the 4% figure were used. Councilmember Bayless stated that she felt 20% would be a more reasonable figure for moderate income housing.
Councilmember Carpenter inquired as to whether there had been any potential developers in attendance at the meeting with the property owners. Mr. Dameron noted that Griffin Johnson of Fieldstone Development had attended the meeting with the property owners, and was also in attendance at this meeting. Councilmember Carpenter asked Mr. Johnson if the ideas being discussed seemed marketable. Mr. Johnson stated that the ideas are marketable, and that in fact Fieldstone has built similar developments in other areas. Mr. Griffin stated that the developments have been well received by the communities in which they are built. Councilmember Carpenter noted that he felt it was important to give the property owners the information they need to work with developers, and that he felt that was the purpose of this discussion. Mr. Johnson stated that he understood.
Mr. Johnson felt that more specific guidelines would be helpful in drafting a proposal for a potential development. He asked that the Council come to a consensus on specific guidelines for items such as overall density, percentage of moderate income housing, and layout of the development. Though the Council gave no specific recommendations, suggestions were made that affordable housing be approximately 20% of the development, that overall density not exceed five units per acre, that patio homes intended as retirement properties be included in the development, that more significant open space such as a large park and trail system be included, that the larger lots be located on the perimeter or main thoroughfares of the development and would include animal rights, and that the R2 Overlay be considered in the layout of the development. Mr. Johnson inquired as to whether the project would be approved if these criteria were met. Councilmember Carpenter stated that it would be necessary for an initial proposal to be submitted prior to any indication of possible approval.
Larry Blackhurst, one of the property owners requested that review of the initial proposal be included in the agenda for the City Council meeting on June 7, 2005. Mr. Dameron stated that it could be scheduled for that date, but not for a particular time, due to the other items which would be on the agenda. Following further discussion, a work session was set for review of this item on June 7, 2005 at 6:00 pm.
Paul Taylor, a realtor who has been involved with the property owners in the area, expressed appreciation to the Mayor and the City Council for their willingness to work together to come to an agreement on potential development.
6. Review and Action - Final Bonding Proposal – Sales Tax Revenue Bonds for 700 North Street (Geneva Road to 2000 West). Jason Burningham, the city’s financial advisor for this project, has negotiated for a direct placement of the proposed bond. The particulars relating to the bond will be presented and discussed. The City Council may take action to approve this final bonding proposal.
Jason Burningham, the city’s financial advisor for this project, presented booklets with all relevant information regarding the transaction to the Council. He reviewed the proposals which had been discussed at the last City Council meeting for possible funding of 700 North Street. Mr. Burningham stated that the City had met the AAA credit underwriting criteria necessary to qualify for the offer made by Bank of America. Mr. Burningham made comparison between the Bank of America offers and other similar transactions from other institution which illustrated that the interest rate and terms being offered by Bank of America are a significant financial advantage to the city in obtaining the bonding for 700 North Street.
Councilmember Anthony inquired as to pre-payment penalties associated with the bond. Mr. Burningham indicated that the bond does carry a pre-payment penalty. However, if at the time of repayment the interest rate is higher than the interest rate of the transaction, no penalty will be charged. If the interest rate is lower, the pre-payment penalty will be calculated based on then current interest rates. Mr. Dameron pointed out that the pre-payment stipulation is outlined on page two of the commitment letter.
Mayor Acerson asked Mr. Burningham if he had taken the opportunity to discuss the possibility of refinancing other city bonds with Bank of America. Mr. Burningham stated that Bank of America is interested in reviewing other possible transactions with the City.
Mayor Acerson asked if there were further comments or questions from the Council. Hearing none, he called for a motion.
COUNCILMEMBER HATCH MOVED TO AUTHORIZE MAYOR ACERSON TO SIGN THE REQUIRED DOCUMENTS RELATING TO THE BANK OF AMERICA TRANSACTION FOR THE 700 NORTH STREET BOND, AND TO SET A SPECIAL MEETING ON THRUSDAY, MAY 19, 2005 AT 5:30 PM FOR THE PURPOSE OF PASSING THE FINAL BOND RESOLUTION 2005-11. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Review and Action – Bid Award – 700 North Street (Geneva Road to 2000 West). Requests for bids have been properly advertised and received for the construction of the 700 North project from Geneva Road to 2000 West. The low bidder is Condi Construction in the amount of $4,245,421.68. Staff recommends approving the bid of Condi Construction, and awarding the bid after all the right-of-way and necessary easements have been acquired by the city.
Mr. Dameron stated that bids for the construction of 700 North Street had been opened on Thursday, May 16, 2005. He stated that after all bids had been submitted, the apparent low bidder had been Johnston and Phillips. Upon review of their bid, Johnston and Phillips representatives had realized that approximately $400,000 had been inadvertently left out of their bid amount. They had subsequently withdrawn their bid. The bid was therefore awarded to Condi Construction in the amount of $4,245,421.68. Councilmember Carpenter asked if the bid was in line with the estimate given to the City by the engineer. Mr. Dameron stated that the bid had exceeded the estimated cost by approximately $400,000. This difference in the estimated and actual cost is a result of higher than expected cost of asphalt due to the increase in oil prices, among other unforeseen costs. Mr. Dameron stated that the City has already set aside 1.3 million dollars which is designated for this project. Mayor Acerson stated that it would be appropriate to make a motion at this time.
COUNCILMEMBER CARPENTER MOVED TO AUTHORIZE MAYOR ACERSON TO SIGN THE BID AWARD TO CONDI CONSTRUCTION IN THE AMOUNT OF $4,245,421.68 FOLLOWING THE TRANSFER OF RIGHT OF WAY AND EASEMENTS TO THE CITY. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
COUNCIL REPORTS
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch commented on a request made by Dianna Rice, a Provo resident who had recently been stopped by a police officer for a speeding violation in Lindon. Ms. Rice had requested at a previous City Council meeting that the height of the speed limit sign at 200 South near Geneva Road be checked for compliance with roadway standards. Councilmember Hatch stated that he had observed the sign in that area and felt that it was to low to the ground. Mr. Dameron informed Councilmember Hatch that the sign meets MUTCD guidelines relating to height, but felt that there may be a problem created due to parking of cars in front of the sign by employees working at businesses in the area. Councilmember Hatch suggested that Mr. Dameron investigate the possibility of a red stripe being added to the curb next to the sign to eliminate problems with visibility of the sign.
TRAILS, PLANNING,ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
Councilmember Bayless again commented on the development in Herriman, and her desire to incorporate some of the elements of that development into potential development on the west side of Lindon. She suggested that the Council and other interested parties travel together to tour the development. Members of the Council agreed that it may be beneficial in the decision making process to have a clear visual picture of the development.
Councilmember Bayless also asked for a brief discussion regarding the review of the sign ordinance, and the feelings of the Planning Commission regarding proposed changes. Mr. Cowie felt that following several weeks of review and discussion, it had become apparent the elements of the sign ordinance were to numerous to review and amend individually. He stated that the most practical approach seems to be to control the elements of color, motion, etc., through controlling the size of signage, so as to prevent signage from overshadowing the architectural and design elements which the Council and Commission hope to incorporate on State Street and 700 North. Councilmember Anthony commented that while he feels the State Street and 700 North corridors should be strictly regulated with regards to signage, he felt signage on the I-15 corridor could be treated differently.
Councilmember Hatch stated that he felt the use of video screens on signage was distracting to drivers, and created potential safety concerns. Mr. Cowie stated that his research indicates that there is no statistical evidence that motion signs create a traffic hazard. Therefore, safety concerns would not be adequate cause for disallowing them. Councilmember Carpenter commented that the City could disallow the use of motion signs based on the City theme of “A Little Bit of Country”, and the aesthetics which are suggested by that theme.
Councilmember Anthony again stated that he is open to the possibility of allowing motion signs near the freeway. Mr. Cowie stated that based on current guidelines which require a 600 foot separation between motion signs near the freeway, there could be up to twenty seven motion signs installed.
Mr. Dameron expressed his agreement with a statement made at a previous meeting by Councilmember Carpenter. During that discussion, Councilmember Carpenter had stated that signage should fulfill the purpose of identifying the business, but is not the proper venue for advertising, and that advertising should be pursued through other avenues.
The Council discussed several other areas of signage which were being reviewed for possible amendments. Mayor Acerson suggested that following final revisions, Mr. Cowie contact the sign companies in the area to convey the guidelines which the City has adopted in order to save businesses time and money when requesting signage. Mr. Cowie stated that he has already been in contact with several companies, and will make sure the companies are aware of the restrictions outlined in the revised ordinance upon completion.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
No items were reported.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER
Councilmember Anthony requested that Mr. Cowie give a brief overview of the progress made on the Tree Board regarding development of a Tree Ordinance for the City. Mr. Cowie stated that the Board would like to have a general ordinance in place prior to the annual Lindon Days Celebration, in order to have a ceremony officially beginning the process of achieving Tree City USA designation. He stated that it is not the intent of the ordinance to regulate trees on private property at this time. Mr. Cowie informed the Council that he had received information regarding protection provided by the state for large or historical trees in the city. He stated that the board would like to offer an opportunity to the public for suggestions on trees in Lindon which should be protected. Mr. Dameron noted the large tree used by the City annually for a Christmas Tree lighting ceremony should be included. Councilmember Anthony noted that the Board would like to play a strong role in directing the addition of trees to State Street and 700 North. They would also like to provide educational opportunities in the community regarding planting and maintenance of trees. He stated that he is very excited about working with the committee, and commented that members are very knowledgeable in matters relating to the inclusion of trees in the community plan.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter requested suggestions from the Council for residents who may be willing to participate on the Master Plan Review Committee. The Council discussed several names and made recommendations for residents who may be available to participate on the Committee. Mr. Cowie and Councilmember Carpenter scheduled a meeting of the Committee on May 26, 2005 at 6:00 p.m.
ADMINISTRATORS REPORT
1. Mr. Dameron reminded Councilmember Carpenter and Councilmember Bayless about the engineering coordination meeting the following day at noon, as well as the budget committee meeting at 3:00 p.m.
2. The budget Work Session for the Council was confirmed at 6:00 p.m. on May 19, 2005, with a Special Session being held prior to the Work Session at 5:30 p.m. for the purpose of approving the bond proposal for 700 North Street.
3. Councilmembers were encouraged to attend the open house held by CRS Architects in the City Center on May 24, 2005 from 7:00 – 9:00 p.m. to receive public input on State Street design guidelines.
4. Mr. Dameron informed the Council that Utah Power will hold a public open house on May 31, 2005, from 5:00 p.m. to 7:00 p.m. at the Senior Citizens Center in American Fork to discuss the impact of the new power plant located on the west side of Lindon. Mayor Acerson stated that he would like to pursue the issue of cities covering the cost of underground power lines. Mr. Dameron stated that the issue is addressed in a state statute, and is based on the cost of the project. Councilmember Hatch stated that the City should follow the development of the power lines in the area carefully, as they may be planned to extend over the area of Geneva Resort Park.
5. Mr. Dameron confirmed the tentative budget session which is scheduled for June 1, 2005 at 5:30 p.m., if necessary, to complete the 2005-2006 budget.
6. Councilmember Anthony informed Mr. Dameron that he will be out of town for the June 21 and July 19 meetings. Councilmember Carpenter will be out of town from May 26 until June 3.
7. Mr. Dameron mentioned an agreement with UTA which is included with the information packet for this meeting, but will be addressed on the agenda at the June 7, 2005 meeting.
8. The Council reviewed the project tracking list, and requested to review signage for the proposed Check City. Councilmember Bayless inquired as to the type of restaurant which will be included in the Valdizan strip mall. She was informed that it is a Peruvian restaurant which will be relocated from south Orem to this location. Mr. Cowie mentioned the Paradise Pools business located near the freeway, and noted that they have a pool displayed on the side of the building facing the freeway. He inquired of the Council if they would like to have input on the use of the pool as signage, or if it could be handled by the Planning Commission. Members of the Council felt the issue could be addressed by the Planning Commission.
9. Mr. Dameron reviewed a request by Lindon resident Phil Windley to purchase a small triangular piece of ground located at the entrance to Canberra subdivision. The parcel is located to the rear of Mr. Windley’s property, and he has proposed purchase of the ground and installation of a fence. Mr. Dameron stated that all utility companies will be contacted regarding the installation of the fence and required access to utility boxes. Mr. Dameron stated that this action does not require advertisement or a public hearing.
10. There are currently 265 recycling accounts in the city, and the program is continuing to grow.
11. Flooding on the west side of the city has been reviewed by public works director Don Peterson, as well as the city engineer to determine the amount of damage and possible solutions to prevent future flooding. Mr. Dameron stated that cooperation from the landfill board will be necessary to correct problems associated with drain pipes in the area.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN
COUNCILMEMBER HATCH MOVED TO ADJOURN THE MEETING AT 11:57 P.M. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – June 7, 2005
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Ott H. Dameron, City Administrator/Recorder
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Jeff Acerson, Mayor
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