|
|
Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » May 3, 2005
May 3, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, May 3, 2005, beginning with a Work Session at 6:00 p.m. at the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.
WORK SESSION – 6:00 P.M.
The meeting began 6:08 p.m.
PRESENT ABSENT
Jeff Acerson, Mayor
Eric Anthony, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Adam Cowie, Planning Director
Debra Cullimore, Deputy Recorder
PRESENTATION
Lindon City Chief Building Official, Phil Brown, presented the annual Community Development report to the Council, including information regarding construction and growth which relate to tax revenue. The statistics Mr. Brown presented regarding building permits issued in the city during the previous year indicate a steady increase in the number of permits issued for commercial development, while residential development has remained constant, with no significant increase in the number of permits issued. Mr. Brown indicated that the average cost of a building lot in Lindon is currently approximately $125,000, while the average cost of a new home is approximately $259,000. Mr. Dameron commented that the increase in commercial development is beneficial to the city, and the increased tax base will assist the city in meeting the needs of the residents. Mr. Brown indicated that following the completion of lot inventory, it will be possible to determine the number of homes which can be built during the following year. Mr. Brown noted that during the construction of the secondary water system, the city had projected that a four three percent growth rate would be necessary. Mr. Dameron observed that following the construction of the secondary water system, the growth rate jumped to nine percent for a period of time, and has now leveled off to a steady two to three percent growth rate.
Mr. Brown then addressed the Council regarding an additional staff position in the Community Development Department. He stated that he had briefly discussed the possibility of the new position with the Council during the recent retreat, and pointed out that due to the increase in development, there is an obligation for more enforcement of zoning and building codes. Mr. Brown stated that during the discussion at the retreat, the Council had expressed support for the addition of a Code Enforcement staff position. Mr. Brown noted that the position would be split between the Building Department and the Planning and Zoning Department, assisting with building inspections when necessary, as well as providing code and zoning enforcement. Mr. Brown and Mr. Cowie are proposing the addition of the position beginning in July 2005. Councilmember Bath expressed concern over the possibility of one person having the necessary skills to perform effectively in both capacities. Mr. Brown stated that excellent public relations skills would be extremely important in this position. He pointed out that there are many issues that need to be addressed which will take time to resolve. Councilmember Carpenter noted that the additional position would afford the city the opportunity to become more proactive in code enforcement issues, though not aggressively so. Councilmember Carpenter felt that the person in the position could help in guiding the process of code enforcement issues within the city, and that the issues at hand need to be dealt with in a “firm but congenial” manner. Mr. Brown noted that it is important to the city to maintain the current level of service and the public trust, but in order to accomplish those objectives, more manpower is necessary. Councilmember Bath again commented on the nature of the position, noting that it will be difficult for one person to effectively perform in both capacities. Councilmember Bath stated that the city could possibly look into adding another full time position in the future, in order to separate the responsibilities of each department. Councilmember Anthony suggested the possibility of sharing the position with a neighboring community. Mr. Brown felt that it would not be a practical solution, due to the fact that different communities are enforcing a variety of codes, and have a different approach and “personality” associated with code enforcement. Mr. Cowie noted that the average business does not respond to notification of a code violation until they have been contacted two to three times. The problem is even greater with corporate businesses which are not locally owned, and contact is made with a corporate office in another state regarding violations. Mr. Brown and Mr. Cowie assured the Council that there is adequate workload to justify the proposed position.
Members of the Council mentioned problems associated with beautification efforts on the west side of the city in the Industrial Zone. Mr. Brown observed that following through with beautification projects on the west side has been difficult due to heavy workload and demands placed on both the Building Department and the Planning and Zoning Departments. Councilmember Carpenter mentioned the possibility that the new position may create an environment in which the City may have the ability to be more proactive in beautification and enforcement efforts. Mayor Acerson inquired as to the funding for the position. Mr. Brown informed the Council that the position is not self funded, and will be dependant on the general fund for revenue, but will enable the city to provide high quality services to residents. All members of the Council expressed support for the new position.
Mr. Brown and Mr. Cowie also mentioned the possibility of a request for a ¾ time position to be added to the Community Development Department in the future. Mr. Cowie clarified that this is not a new position, but would involve increasing the current half time position to a ¾ time position, which would include the addition of a benefits package for the employee. Mr. Brown clarified that the position is not being requested at this time, but that he wanted to make the Council aware of possible future plans for the position.
Mr. Brown addressed revenue issues of the department. Figures included in the information provided to the Council indicate a budget with excess revenue over expenditures in all but one year. Mayor Acerson commented that the figures indicate excellent resource management considering that building permit fees and other services provided by the Community Development are not designed to produce a profit.
Mr. Cowie then addressed the Council with issues specific to the Planning and Zoning Department. He stated that there is currently no fee associated with a non-conforming use permit which is issued by the City. He stated that it is his request to implement a fee for that specific application, which would be consistent with other application fees in the City. He stated that the purpose of the fee is to cover expenses incurred by the City in issuing the permits.
Mr. Cowie informed the Council that the City has received an application for an annexation into City boundaries. Mr. Cowie noted the necessity of adopting an annexation application fee at this time. The application fee is necessary for the City to cover the costs involved in annexation of property, which include newspaper advertisement for a four week period. Mr. Cowie is proposing a change in the Annexation Application fee, from $300 per acre to $375, plus advertising fees. The change will cover the actual expense incurred by the City, as well as the cost of advertisement of the annexation.
Mr. Cowie addressed signs on commercial development which are painted or laminated. He stated that currently there is no inspection required for these types of signs, and there is currently no fee associated with them. He proposed a $25 fee for sign applications relating to painted or laminated signs to cover administrative costs.
Mr. Cowie also suggested a change in policy regarding the refund of fees paid. He stated that upon refund of fees to applicants, the City has generally incurred some expense related to the application. Mr. Cowie suggested a non-refundable portion of any application fee, in order to cover costs incurred by the City. Mr. Cowie commented that the minimum time spent on most applications is approximately five hours prior to presentation to the Planning Commission or City Council. Many items presented for design review are presented at several meetings prior to final approval. Mr. Dameron noted that a full review of fees is planned, to ensure that the fees charged by Lindon City are in line with neighboring communities. He stated that the amended fee schedule will be presented during the budget session.
Councilmember Carpenter inquired as to the deficit in the Planning and Zoning budget. Mr. Cowie informed him that a deficit is typical in this department in other cities as well, due to the fact that it produces little revenue in comparison with the expense to the City. Mr. Cowie observed that in order to be a self funded department, it would be necessary to increase fees charged by the City to an unreasonable level.
REGULAR SESSION – 7:00 P.M.
The meeting was called to order at: 7:00 p.m.
Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Josh Ramage, Boy Scout
Invocation: Jerald Hatch, Councilmember
Mayor Acerson welcomed Councilmember Bayless to the meeting, as she has recently been out of the Country.
PROCLAMATION – Miss Pleasant Grove, Lizzy Marchbanks, is advocating for an “Internet Safety Week” May 8-14, and is asking the Mayor and City Council to assist her in this project.
Miss Marchbanks approached the Council and introduced herself as the current Miss Pleasant Grove. Miss Marchbanks noted that a new Miss Pleasant Grove will be chosen Saturday night, and that she is currently involved in the Miss Utah Pageant. During the Miss Utah Pageant each of the contestants is required to present a service platform. Miss Marchbanks has chosen internet safety as her platform. She has solicited the help of local businesses in promoting her platform, and will be distributing wrist bands to students in local schools to promote internet safety during the week of May 8-14. Mayor Acerson then read the proclamation to the audience.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PROCLAMATION DESIGNATING INTERNET SAFETY WEEK AS MAY 8 – 14, 2005 IN LINDON CITY. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
PROCLAMATION – The Utah Foster Care Foundation has asked the Mayor and City Council to proclaim the month of May as “Foster Care Month”.
There was no representative for this item present at the meeting. Mayor Acerson read the proclamation to the audience.
COUNCILMEMBER BATH MOVED TO APPROVE THE PROCLAMATION DESINGATING MAY 2005 AS FOSTER CARE MONTH IN LINDON CITY. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
MINUTES – The minutes of the regular meeting of April 19, 2005 were reviewed. The following corrections were made:
Page 3, Line 7: add the word “the” before the word “trail”.
Page 8, Line 18: replace the word “confused” with the word “concerned”.
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE APRIL 19, 2005 MEETING AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION – Citizen comments
Mayor Acerson invited any citizens who wished to address the Council regarding any issue not included in the agenda to approach the Council. The following citizens addressed the Council.
Dianna Rice, a Provo resident residing at 1007 Hillside Drive, spoke with the Council regarding the speed limit on 200 South Street near Geneva Road. Ms. Rice stated that she has been driving for forty-two years, and in that time has never received a citation for speeding. According to Ms. Rice, this is due to the fact that she places great importance on compliance with posted speed limits. While traveling through Lindon recently, Ms. Rice was stopped by a police officer and given a citation for speeding on 200 South. After receiving the citation, Ms. Rice traveled back through the area to observe why she had been unaware that the speed limit in the area is twenty five miles per hour. She observed two potential problems with the posted speed limit, stating that the speed limit signs are in an area where it is difficult to see them. Ms. Rice also commented that the signs seem to be unusually low to the ground. Ms. Rice also commented that the width of the road gives the impression that the speed limit is 35 miles per hour. She noted that 100 East Street in Pleasant Grove is a thirty five mile per hour zone and is a similar type of street in regard to the width of the street and the presence of homes in the area. Ms. Rice stated that she attended the traffic school offered by the city for traffic violations. Ms Rice commented that she had been impressed with the class, and had received valuable information of which she was previously unaware. She suggested the possibility of offering the class at a reduced rate to citizens with no traffic violation, due to the quality of the class. Councilmember Carpenter informed Ms. Rice that the city makes an effort to comply with state standards regarding the height of posted speed limit signs, but assured her that the signs would be checked for compliance. Mayor Acerson thanked Ms. Rice for her time and courtesy in bringing her concerns to the attention of the Council.
The next citizen to address the Council was Russ Tucker, an Orem resident residing at 252 North 150 East. Mr. Tucker distributed printed packets to the Council which contained information relating to an off highway vehicle (OHV) park which Mr. Tucker would like to open in an area of West Lindon near the Utah Lake boat harbor. Mr. Tucker stated that he has tried unsuccessfully to open the park in several other areas in Utah Valley. Mr. Tucker showed a photograph of property which he was under the impression Lindon City owned. Mr. Tucker was requesting use of the property for use by off highway vehicles. Councilmember Hatch clarified to Mr. Tucker that the property he was showing is not the property owned by the city. Mr. Tucker was informed that the property owned by the city is located to the south of the area he was discussing. Mr. Tucker stated that he is a volunteer OHV instructor and teaches licensing classes to 8-16 year old. Licenses are required by the state for children operating an OHV. He stated that the number of individuals in the classes indicates that there is a need for an OHV park in Utah Valley. According to Mr. Tucker, this is advantageous to the city, due to the fact that if there is a legal place for citizens to ride, it will eliminate use of the foothills and city streets by OHV riders. He stated that it is not feasible for him to personally purchase enough property for the park. He was requesting assistance from the city in obtaining the property, as well as assistance with construction of the park. Mr. Tucker stated that he felt there is a real need for this facility in Utah Valley. Councilmember Bayless informed Mr. Tucker that there is a trail in the process of being constructed which will travel through the proposed area. She stated that the trail is funded by the county, and is intended for equestrian and pedestrian use. The trail will also include camping areas and a pavilion, and will connect to the Jordan River Parkway trail, and is intended to be a part of a state wide trail system. Another citizen who had accompanied Mr. Tucker stated that there are many areas for other types of recreation in Lindon, such as, ballparks, equestrian trails, and walking trails, but no approved area for OHV use. He stated that in his opinion there is a need for such a facility. Mayor Acerson stated that it would be appropriate for the Council to look at available open areas in the city and consider the best use of the space. Councilmember Carpenter noted that the city receives many requests for different types of uses of open areas, and the proposed OHV facility would be considered in the context of the other requests. Mr. Dameron stated that he would contact Mr. Tucker regarding future discussion with Mayor Acerson.
Captain Cody Cullimore of the Pleasant Grove/Lindon Police Department addressed the Council briefly regarding concerns raised during the April 19 meeting regarding traffic enforcement on 200 South Street. Captain Cullimore distributed information to the Council detailing traffic enforcement on 200 South in comparison to the city as a whole. The statistics indicate that there is active traffic enforcement in the area. Councilmember Carpenter noted that the statistics indicate that the area is neither a “speed trap”, nor is it being neglected. Captain Cullimore informed the Council that the Police Department has received grant funding for use in child restraint and seatbelt enforcement. The grant funds provide for 120 overtime hours for police officers. The Police Department will conduct extra patrol shifts during a two week period from May 28 through June 11, and will be making contact with citizens regarding compliance with these important safety issues. Captain Cullimore noted that the Police Department receives feedback from citizens who feel the Police Department is not conducting enough traffic enforcement, as well as from citizens who have received citations and feel they were unfairly targeted. Captain Cullimore stated that the Police Department will continue their efforts in the area of traffic safety and will continue to do what they can to ensure the safety of citizens.
MAYORS COMMENTS/REPORT –
Mayor Acerson commented on a letter recently received by the city awarding $500,000 in grant funds for the construction of a tunnel from the west side to the east side of State Street near the City Center Park. The tunnel will allow safe access to the City Center Park and the east side of the city to residents living west of State Street. The funds are distributed by the Department of Transportation, and are for use in traffic enhancement projects. Mayor Acerson stated that the grant is a result of a great deal of work and effort. He commented that the safety of residents was the primary concern of the City in applying for the grant, and that the grant committee saw the benefit in the project. Councilmember Bayless noted that the tunnel will be a great benefit for families with children living on the west side of the city.
CONSENT AGENDA –
No items.
CURRENT BUSINESS –
1. Preliminary Plat – Midvalley Commerce Center, Plat “D”. This is a request by Big ‘D’ Construction for approval of a two lot subdivision in the LI zone at 1788 West 200 North. The Planning Commission recommended approval with no conditions.
Mr. Cowie introduced Gregg Fix of Big D Construction, and reviewed the request. He indicated that Big D Construction owns a parcel of land located on 200 North adjacent to 1800 West. They are requesting to divide the large lot into two smaller lots, in anticipation of selling the vacant portion of the property. All required improvements have been installed on the vacant lot, and both lots meet the minimum size requirement. The Planning Commission recommended approval with no conditions. Mayor Acerson called for a motion.
COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY BIG D CONSTRUCTION FOR A TWO LOT MINOR SUBDIVISION TITLED MIDVALLEY COMMERCE CENTER PLAT ‘D’. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Resolution – Amending the City-Wide Fee Schedule – Annexation fees (#2005-9). This resolution will amend the City-Wide Fee Schedule by changing the fees relative to annexation of property into the Lindon City limits.
Mr. Dameron indicated that this item had been addressed in the presentation given by Mr. Cowie during the work session, and the proposed action amends the City Wide Fee Schedule in regard to the annexation of property. Mayor Acerson called for a motion.
COUNCILMEMBER BATH MOVED TO ADOPT RESOLUTION #2005-9, AMENDING THE CITY WIDE FEE SCHEDULE AND SETTING AN EFFECTIVE DATE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY.
3. Report – Tentative Budget, Fiscal Year 2005/2006. Staff will distribute the Tentative Budget for fiscal year 2005/2006 which includes the RDA budget and the MBA budget. The Mayor and staff request that work sessions be scheduled during the month of May for discussion of issues related to the new fiscal year budget.
Kristen Colson, Finance Director/Treasurer, presented this item. She addressed the Council regarding budget issues for the next fiscal year. Ms. Colson specifically addressed the health insurance plan which the city provides for city employees. She stated that she had recently attempted to receive bids from various companies for health insurance plans for the city. Due to insufficient information provided to the insurance broker, she was unable to obtain any bids. Ms. Colson stated that the current insurance provider, Utah Local Government’s Trust, is offering a new option for coverage in which the employees share in the cost of coverage through an annual deductible, as well as paying 20% for some covered medical services, such as hospitalization. The current plan offered by the city includes no deductible, and pays 90% of covered medical services. The new option requires a deductible to be paid, and pays 80% of covered medical services. Ms. Colson stated that retaining the current health plan creates an increase in cost to the city of 19.31%, while adopting the new plan creates only a 7.4% increase. She stated that if the Council chose to maintain the current plan, employee payroll deductions could be increased in order to recover a portion of the increased cost to the city. Ms. Colson informed the Council that during a recent employee meeting, both options were presented to employees. Following discussion, the employees voted in favor of the new option, requiring a deductible, but keeping payroll deductions the same. Councilmember Carpenter observed that it appeared that according to the new option, payroll deduction would remain constant, but healthcare costs for employees would increase. Ms. Colson clarified that co-pays for services such as office visits would stay the same using the new plan. A cost increase would only occur due to hospitalization or other major medical expenses. Councilmember Carpenter inquired as to how many employees have conditions which may make hospitalization likely. Councilmember Carpenter also noted that the plan is cost based, and wondered why the cost had increased so significantly. He stated that healthcare costs raise an average of 10-12% annually, and this increase seemed excessive. Captain Cullimore commented from the audience that healthcare coverage provided by Pleasant Grove City to employees had increased 32% this year. Mayor Acerson commented that costs are increasing everywhere. Mr. Dameron noted that the city employees should be applauded for taking such a reasonable approach to resolving the problem. Councilmember Bayless inquired as to whether a cafeteria plan is available for employees. Ms. Colson stated that a cafeteria plan is made available, but that very few employees participate. Councilmember Bayless suggested that employees be made more aware of the availability of the program due to the proposed changes in coverage. Ms. Colson stated that employees are aware of the program, but are reluctant to participate, due to the fact that money in the plan which is not used for medical expenses cannot be recovered by the employee. Mayor Acerson asked Mr. Dameron if he had a strong inclination to one plan or the other. Mr. Dameron stated that he had no preference, which is why the vote among employees was taken. Ms. Colson informed the Council that a decision was necessary tonight in order to sign the necessary forms in preparation for the upcoming fiscal year. Councilmember Carpenter stated that the new option would cost the city less. He also noted that there is a possibility that the increased cost could be turned back to the employees. He clarified that he is not necessarily in favor of doing so, but that it is an option. Councilmember Bayless noted that those issues could be resolved in detail during the budget sessions.
COUNCILMEMBER BAYLESS MOVED TO ADOPT THE NEW OPTION FOR HEALTH INSURANCE COVERAGE FOR CITY EMPLOYEES, REQUIRING AN ANNUAL DEDUCTIBLE AND REDUCING THE PAID PERCENTAGE FOR COVERED MEDICAL SERVICES WHILE KEEPING PAYROLL DEDUCTIONS THE SAME. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Anthony noted that it was commendable that city employees had been given an opportunity to voice their opinions relating to healthcare coverage. He also noted that the coverage provided is will continue to be high quality health insurance and will continue to be a valuable benefit to city employees compared to large companies.
Mr. Dameron stated that budget sessions need to be scheduled during the month of May. After consulting individual schedules, the first budget session was scheduled for May 19, 2005, at 6:00 p.m. A second tentative session was scheduled for June 1, 2005, at 5:30 p.m., in the event that additional time is needed to complete the 2005-2006 fiscal year budget. Ms. Colson noted that major issues that the Council will need to address in the budget are the changes to healthcare coverage, the new staff position proposed by Mr. Brown and Mr. Cowie, and cost-of-living pay increases for employees. Mr. Dameron also noted that there are several other major expenses, such as the new truck requested by the Public Works Department, which it will be necessary for the Council to address as well. Mr. Dameron commented that the proposed revenues and expenditures for the general fund is approximately $5,400,000.
4. Public Hearing – Proposed Sales Tax Revenue Bonds – 700 North Street. The City Council will hear public comment regarding the issuance and sale of sales tax revenue bonds, series 2005, for the construction of 700 North Street in an aggregate amount of not-to-exceed four million two-hundred thousand dollars ($4,200,000). The Council approved the bond parameters resolution during its meeting of April 5, 2005. This meeting solicits public input regarding that action.
This item was continued until later in the meeting, due to the fact that Jason Burningham, the city’s financial advisor, had not yet arrived. Mr. Burningham will present the necessary information upon his arrival.
Mayor Acerson noted the presence of Garth Lovell, general manager of the Lindon Wal-Mart, in the audience. Mr. Lovell was asked if he needed to address any particular issue. Mr. Lovell stated that he was in attendance in hope of receiving information regarding traffic lights on State Street near Wal-Mart. He stated that a serious accident had occurred recently near Wal-Mart. Mr. Lovell contacted UDOT regarding safety concerns in the area. According to Mr. Lovell, UDOT characterized the accident as an “error in judgment” on the part of the driver involved. Mr. Lovell inquired as to the schedule for installation of traffic lights in the area. Councilmember Bath indicated that the city had received a letter from UDOT indicating that the traffic light on 700/800 North is scheduled to be installed in the spring. Mr. Dameron confirmed that to his knowledge the installation is scheduled for June, but noted that the project had already been postponed twice. Mayor Acerson stated that he was scheduled to attend a meeting the following Thursday which would also include UDOT officials, and he would address the traffic light with them at that time. Mayor Acerson also observed that many safety concerns would be alleviated if drivers would reduce their speed of travel on State Street. Mr. Lovell thanked the Council for the information, and stated that it was “good news” that the 700/800 North traffic light is scheduled for installation. Mayor Acerson thanked Mr. Lovell for his involvement in the community.
5. Public Hearing Continued - Ordinance – R2 Overlay Zone Amendments. This public hearing was continued from the 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 continued this public hearing to ensure all council members had an opportunity to review and comment on the proposals.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING ON PROPOSED R2 OVERLAY AMMENDMENTS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Cowie showed a color printout of the R2 Overlay districts, which was prepared by Planning Intern John Martineau. Mr. Cowie stated that it was his impression that the result of the changes proposed by the committee had not been illustrated previously. If proposed changes are implemented, all R2 districts except districts 3, 8, and 10 would be closed to future R2 projects. Councilmember Carpenter noted that the proposed amendments were not intended by the committed to be retroactive, but would apply only to new projects. Mr. Cowie stated that following review of these results by the Planning Commission, they felt a review of each proposed amendment was in order.
Mr. Cowie stated that the City is required by the State to have a plan to provide moderate income housing within the City. He stated that the definition of moderate income housing is based on the median income for the City. The median income in Lindon City is approximately $44,900. Based on the median income, moderate income housing in the city would fall into the $120,000 - $140,000 range. Mr. Cowie clarified that the State does not specify a requirement for home ownership as opposed to rental units available. According to Mr. Cowie, the City is able to meet this requirement through the availability of accessory apartments within the City. Mr. Cowie indicated that there are currently no restrictions on the number of accessory apartments allowed in the city. Mr. Cowie also stated that the City is required to review the moderate income housing plan every five years and make revisions as necessary. He stated that the Planning Commission had expressed concern that moderate income housing needs in the City were not being addressed.
Councilmember Bayless noted that members of the Planning Commission had participated on the committee which had drafted the proposed amendments. She wondered why they had changed their minds in regard to necessary changes. Mr. Cowie felt that after review of the mapping of the proposed changes, they had a more definitive picture of the impact of the proposed changes. Councilmember Bayless agreed that the map indicates a significant impact on the R2 Overlay Zone. Councilmember Bayless observed that if higher density projects are allowed in the City, the need for public services, such as Public Safety, will increase dramatically. She suggested that the Council review each of the thirteen proposed amendments, along with Planning Commission recommendations, and determine the direction the City Council would feel comfortable pursuing.
Following extensive discussion among the Council and Staff, the City Council reviewed each of the thirteen proposed amendments individually and made recommendations.
1. Increase distance between projects from 750 feet to 1000 feet. No
2. Reduce the number of units per acre to four. Yes
3. Require city street standards when drive exceeds 150 feet. Yes
4. Streets must comply with city street standards. Yes
5. Require a minimum lot size of one acre. No
6. Lot not to exceed 2 to 1 ratio of depth to frontage. Yes
7. No hammer head turn-arounds allowed. Yes
8. Off street parking must allow for three parking stall per unit. Yes
9. Driveway cannot be more than 150 feet. No
10. Match the rear and side yard set back of neighbor. Yes
11. Include moderate income housing, and thereby achieve a
reasonable opportunity for a variety of housing types. Yes
12. All unenclosed and freestanding parking structures must be
located in the rear. Yes
13. No detached single family dwellings are allowed. Yes
The Council discussed several previous projects which had been approved in the City. Mayor Acerson noted that some projects had stretched the parameters of the ordinance, and the intent of the amendments is to more clearly define the ordinance for future development. The Council discussed specific changes to the language used in the ordinance in order to clearly define the parameters which would be acceptable, such as that no four-plexes are to be allowed. Mr. Cowie stated that he will draft the proposed changes to the ordinance and present them to the Council at the May 17, 2005 meeting.
COUNCILMEMBER CARPENTER MOVED TO CONTINUE THE PUBLIC HEARING ON PROPOSED R2 OVERLAY AMENDMENTS TO THE MAY 17, 2005 MEETING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
At this time, Mayor Acerson recognized the presence of Jason Burningham, and stated that it would be appropriate for the Council to hear from him at this time.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING ON PROPOSED SALES TAX REVENUE BONDS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Burningham indicated that the purpose of this hearing is to take input from the public. He stated that the proposal includes a great deal of information, and that it may be beneficial for him to summarize a few of the main points prior to public comment. Mr. Burningham stated that the proposed bonds are for use in the construction and of 700 North. He referred to the Bond Parameters Resolution approved by the City Council on April 5, 2005, and stated that the proposed bonds are within the parameters set by that resolution. Mr. Burningham informed the Council that the amount of sales tax each city receives is based on both population and point of sale transactions within the city, with 50% of the tax revenue being determined by each of those elements.
Mr. Burningham then presented information relating to three separate proposals for issuing of the bonds. The options were outlined as follows:
Option #1. The first option is an AAA-Insured, publicly offered transaction. Under this structure the City would select an Underwriter to market and sell the bonds. In order for this transaction to be cost effective, the city would need to pursue municipal bond insurance and rating qualification. This option would require approximately another 45 days before the proceeds of bonds would be available for the City. Current market rates suggest this transaction would carry an AIC% of approximately 4.37%.
Option #2. The second option has been solicited of Wells Fargo Bank. Based on their current market indications they would require municipal bond insurance but no requirement to have an underwriter. This would result in cost savings to the City. The AIC% of this transaction would be approximately 4.35%. This transaction could be completed within the next 30 days.
Option #3. The third option is similar to the first, except Bank of America would not require municipal bond insurance. Under this option the City would receive and AIC% of 3.85%, based on current market conditions and credit underwriting. This transaction could close within the next 30 days. Mr. Burningham clarified that this proposal is based on the City’s ability to meet credit underwriting criteria required by Bank of America. Mr. Burningham expressed confidence that the City could meet those requirements.
Mr. Burningham stated that the proposal from Bank of America offers the greatest benefit to the city, and recommended this option. He stated that if the Council makes a decision regarding the transaction tonight, he will provide a complete proposal at the May 17, 2005 meeting for final approval.
Mr. Dameron suggested the possibility of combining the current MBA Bond for the I-15 right of way held by the city with the proposed 700 North Bond, noting that the RDA Bond carries an interest rate of 6%. Following discussion, Mr. Dameron realized that combining the bonds would not be possible, due to the fact that the total amount would exceed the allowable amount defined in the bond parameters resolution. Mr. Burningham suggested the possibility of applying for the two bonds concurrently with Bank of America. He stated that the application would require the City to submit an application package, as well as adopting a parameters resolution addressing the bond amount.
Mayor Acerson opened the meeting for public comment. Lindon resident Nancy Zundell commented that the proposal from Bank of America sounded reasonable, and noted that residents are anxious for the road to be completed. Hearing no further comment, Mayor Acerson called for a motion.
COUNCILMEMBER CARPENTER MOVED TO CLOSE THE PUBLIC HEARING ON PROPOSED SALES TAX REVENUE BONDS. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER CARPENTER MOVED TO PURSUE THE PROCUREMENT OF BOND ISSUANCE THROUGH BANK OF AMERICA (OPTION 3). COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNAIMOUSLY.
6. Discussion - Pending Amendments to the City’s Sign Ordinance. Staff requests that the City Council give some direction relating to the pending sign ordinance amendments. The Planning Commission discussed the same topic and had several suggestions.
Mr. Cowie gave a review of recommendations made by the Planning Commission following review of the sign ordinance and possible amendments. Mr. Cowie indicated that the general consensus of the Planning Commission was to eliminate LED signs in all areas but the freeway. Councilmember Carpenter suggested that the Council consider restrictions to back lit signs as well as other electronic signs. When asked to define backlit signs, he stated that the definition would be a sign with the lighting element contained inside the sign, as opposed to a light shining on the sign. Mr. Cowie noted that one area which will be addressed by the study conducted by CRS Architects will be signage, and will likely have an effect on the final outcome of any changes to the ordinance. Lindon resident Linda Nelson commented from the audience on the possibility of waiting until the study by CRS Architects is complete before the Council makes recommendations. Councilmember Carpenter noted that there is currently a moratorium on signage in the city, and proposed changes need to be addressed in a timely manner.
Mr. Cowie discussed specific elements of the sign ordinance which the Planning Commission recommended for review. These include use of neon lighting, LED signs, overall size of signage, and changes to language contained in the ordinance for the purpose of clarification. Also discussed were pole signs, banner and balloon type signs, and allowable colors for signage. Mr. Cowie stated that federal law states that no city can require alteration of a registered trademark.
Mr. Cowie stated that he would draft the proposed changes to present for final approval at the May 17, 2005 meeting pending the Planning Commission’s discussions.
7. Agreement – CRS Architects and Lindon City. This is a proposed agreement between CRS Architects and Lindon City for State Street Design Guidelines. The fee is stated at $15,000.
Mr. Cowie distributed printed copies of sample projects completed by CRS Architects in other communities. He stated that the purpose of the study is not to provide the city with an ordinance, but rather to provide guidelines to assist the City in writing our ordinance. Mr. Cowie observed that the guidelines provided by the study would be extremely valuable during design review of proposed projects located on State Street. Mr. Cowie informed the Council that the cost of the study is set at $15,000, and includes the Open House scheduled for May 24, 2005, as well as three additional public meetings, such as Planning Commission and City Council, to determine guidelines for State Street development. Mr. Cowie also noted that the recommendations of the study could be adopted for use in the development of 700 North, and could be implemented in any area of the city. Mayor Acerson called for a motion.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE AGREEMENT BETWEEN LINDON CITY AND CRS ARCHITECTS IN THE AMOUNT OF $15,000 TO PERFORM A STUDY RECOMMENDING STATE STREET DESIGN GUIDELINES. COUNCILMEMBER ANTHONY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER BATH AYE
COUCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY.
8. Agreement – Utah County and Lindon City. This is an agreement between Utah County and Lindon City for an approved grant from Utah County. The grant is in the amount of $6,707.09 and is from the county’s restaurant tax fund to be used by Lindon City to help defray the cost of new playground equipment at Pioneer Park.
This agreement was reviewed by Councilmembers prior to the meeting. Mr. Dameron inquired of the Council as to any questions relating to the agreement. Hearing none, Mayor Acerson called for a motion.
COUNCILMEMBER HATCH MOVED TO APPROVE THE GRANT AGREEMENT BETWEEN UTAH COUNTY AND LINDON CITY FOR GRANT FUNDS IN THE AMOUNT OF $6,707.09 TO BE USED TO DEFRAY THE COST OF PLAYGROUND EQUIPMENT AT PIONEER PARK. COUNCILMEMBER CARPENTER SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY.
9. Agreement – Utah County and Lindon City. This is an agreement between Utah County and municipalities within Utah County formally creating the organization known as the Utah County Council of Governments (COG).
Councilmembers reviewed this agreement prior to the meeting, and were aware of the content. The Council felt that further discussion was not necessary. Mayor Acerson called for a motion.
COUNCILMEMBER BATH MOVED TO APPROVE THE AGREEMENT BETWEEN UTAH COUNTY AND LINDON CITY FORMALLY CREATING THE UTAH COUNTY COUNCIL OF GOVERNMENTS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
10. Review and Action – Ratification of Addition to Interlocal Cooperation Agreement – Lindon City and Pleasant Grove City. This is a request from the City Attorney to ratify one addition to the Interlocal Cooperation Agreement between Lindon City and Pleasant Grove City concerning the common taxing district in the vicinity of the new I-15 Interchange. The City Council approved the agreement during its meeting of April 5, 2005. However, the City Attorney noticed a discrepancy between the approved document and the draft. The addition of paragraph 2C on page 2 will correct the problem. Both city attorneys have reviewed the addition and have agreed to include it.
Mr. Dameron gave a brief explanation of the addition to the Interlocal Agreement. Having previously reviewed the agreement, Councilmembers felt that no further discussion was necessary. Mayor Acerson called for a motion.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE ADDITION TO THE INTERLOCAL AGREEMENT BETWEEN LINDON CITY AND PLEASANT GROVE CITY FOR A COMMON TAXING DISTRICT. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
11. Review and Action – 700 North Access Management Plan (Geneva Road to 2000 West). This is a request by staff for the Council to approve the access management plan for the new section of the proposed 700 North Street from Geneva Road to the city boundary at 2000 West. The access management committee, with members from staff and the property owners, have reviewed and approved this plan.
Mr. Dameron gave a brief review of the item. He explained that all parties involved have agreed to the access management plan as outlined. Mayor Acerson called for a motion.
COUNCILMEMBER CARPENTER MOVED TO ADOPT THE 700 NORTH ACCESS MANAGEMENT PLAN (GENEVA ROAD TO 2000 WEST). COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCIL REPORTS –
Due to the late hour, Lindon residents Linda Nelson and Nancy Zundell, who have agreed to chair the Lindon Days Celebration this year, requested to address the Council at this time. They presented ideas for activities and events during the celebration, and requested Council input on several items. Ms. Nelson and Ms. Zundell have planned several events during the celebration which will not take place in the city. These events include a midnight activity at the Orem Recreation Center, which will target the teenage population, as well as movie, bowling, and miniature golf events in Pleasant Grove. The Council expressed approval for these events, and felt that they may be successful. Ms. Nelson and Ms. Zundell also requested approval for solicitation of local businesses in sponsoring events during the celebration. The Council noted that involving local businesses would create a greater sense of community, and expressed support for the idea. Ms. Nelson and Ms. Zundell noted that their objective is to make all of the events affordable to all Lindon residents, and sponsorships are a reasonable way to accomplish this objective without increasing cost to the city. Councilmember Anthony suggested former Mayor Larry Ellertson, along with his wife Linda, as Grand Marshall for the events. The Council felt that it would be appropriate to invite them to participate in this capacity.
Mayor Acerson expressed appreciation to Ms. Nelson and Ms. Zundell for their hard work and enthusiasm.
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch requested follow-up on a request to locate the speed trailer on 200 South. He stated that the trailer had been requested at a previous City Council meeting and he had not seen it there. Councilmember Bath noted that he had observed several officers in the area conducting traffic enforcement. Councilmember Hatch also addressed the OHV facility discussed during the open session of the meeting. Mr. Dameron suggested the possibility of referring Mr. Tucker to the county government for help in finding a location. Mayor Acerson stated that he would be attending a meeting with Commissioner Ellertson and would inform him that Mr. Tucker would be contacting him.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
Councilmember Bayless commented on the upcoming meeting between City officials and property owners in the west side area of the city in which they will discuss potential development of the area. She inquired of the Council if there were any specific objections to the items she had outlined in a list of suggestions. Councilmember Bayless noted that this list does not constitute the final design standards, but is simply a starting point for the discussion. Members of the Council expressed support for items contained in the list, and felt it was an effective place to begin discussion between the city and the property owners.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
Councilmember Bath requested further information regarding the annexation application addressed earlier in the meeting. He wondered if the annexation included property owned by the LDS Church which is located in the area. Mr. Dameron indicated that the Church property is included in the annexation. Mr. Dameron stated that an incomplete application had initially been submitted. Once the completed application is received, the city is required to advertise the annexation in the newspaper for a four week period prior to final approval.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER
Councilmember Anthony indicated that his report had been addressed earlier by Ms. Nelson and Ms. Zundell, and he had no further items to report.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter reported on recent training he had attended relating to road construction. He asked Mr. Dameron if the City is currently in compliance with GASB 34 stating that the City is not required to comply until next year. Mr. Dameron stated that the City is already in compliance.
ADMINISTRATORS REPORT -
Mr. Dameron asked the Council to review the project tracking list and note any projects they would like an opportunity to review. After discussion, the Council requested to review the following proposed projects; Washington Mutual, Grays Auto, Dunn Investments, and Country Cove Estates.
Members of the Council inquired as to the proposed Power Plant project, noting that the power lines coming out of the plant seemed excessive. Mayor Acerson stated that he had met with representatives of Utah Power, and that the proposed plan seemed reasonable. Councilmember Hatch asked if any of the electricity generated at the plant is intended to provide electrical power to Lindon. Mr. Dameron stated that the power lines from the plant will tie into existing power lines in the area, and will not provide electrical power specifically for Lindon residents, but will enhance Utah Power’s ability to provide services throughout the area.
Mr. Dameron reminded Mayor Acerson of the Mayor’s Open House which is scheduled for May 12 at 7:00 p.m. During the Open House, Mayor Acerson will meet with residents to address comments and questions from them.
Mr. Dameron noted that during the pre-bid process for construction of 700 North, he had received information from seven companies. He stated that the good news in bonding is echoed by the companies participation.
A list has been submitted to the BOR for approval of possible landscaping elements on the proposed McKinley Drive trail.
Mayor Acerson suggested Lincoln Jacobs as a potential Planning Commission member to fill the position which is currently vacant. The Council discussed the need to assure that all areas of the City are represented on Planning Commission, as well as assuring that the Planning Commission and the City Council share the same vision for the city. Councilmember Anthony asked if there is a preferred personality type for the position. Councilmember Carpenter responded that it is necessary for members of the Planning Commission to approach their duties in a “firm but fair” manner.
Mayor Acerson commented on a booklet he had distributed regarding the YMCA proposal in American Fork. He requested that members of the Council read through the booklet and express their insights.
ADJOURN
COUNCILMEMBER BATH MOVED TO ADJOURN THE MEETING AT 11:37 P.M. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – May 17, 2005
__________________________
Jeff Acerson, Mayor
______________________________________
Ott H. Dameron, City Administrator/Recorder
|
|
|
