|
|
Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » October 11, 2005
October 11, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, October 11, 2005, beginning at 6:00 p.m., at the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.
Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Adam Cowie, Planning Director
Invocation: Jeff Acerson
PRESENT ABSENT
Jeff Acerson, Mayor Jerald I. Hatch, Councilmember
Eric Anthony, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Ott H. Dameron, City Administrator/Recorder
Adam Cowie, Planning Director
Debra Cullimore, Deputy Recorder
The meeting was called to order at 6:05 p.m.
PRESENTATION – The City Council will recognize Kristen Colson, Finance Director/Treasurer, for her achievement in the attainment of the Distinguished Budget Presentation Award for Lindon City. This award is presented by the Government Finance Officers Association and is the highest form of recognition in governmental budgeting.
Ms. Colson was unable to attend the meeting. Mayor Acerson felt it would be appropriate to delay presentation of the award until Ms. Colson was available to accept in person.
PRESENTATION - Mayor Acerson and the City Council will recognize Dustin Sweeten for his service on the Lindon City Planning Commission.
Mayor Acerson thanked Mr. Sweeten for his service on the Planning Commission. Mr. Sweeten has served in that capacity for the past three years. Mr. Sweeten was presented a plaque in recognition of his service.
MINUTES – The minutes of the regular meeting of September 20, 2005 were reviewed. No corrections were made.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 20, 2005 MEETING AS WRITTEN. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The minutes of the joint City Council, Planning Commission, and Board of Adjustments training meeting of September 22, 2005 were reviewed. No corrections were made.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 22, 2005 TRAINING MEETING AS WRITTEN. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION –
There was no public comment.
MAYOR’S COMMENTS/REPORT –
In the interest of time, Mayor Acerson gave no report.
CONSENT AGENDA –
No items.
CURRENT BUSINESS –
1. Review and Action – Conditional Use Permit – Pacificorp/Utah Power Electrical Transmission Line Up-grade along 2000 West and 200 South. This is a request by PacifiCorp to upgrade the high voltage transmission lines along 2000 West and 200 South and to allow a change from a lower two pole structure to a higher mono-pole structure and alter a portion of the existing route. The City Council continued this item from the meetings of September 6, 2005 and September 20, 2005 to allow time to conduct an independent cost analysis of the route labeled “b2” and to dialogue with Vineyard Town concerning the width of 200 South and the location of the new mono-poles in relation to this street.
Michael Doyle, Ken Short, and Delynn Rodeback were present as PacifiCorp/Utah Power representatives. Mr. Cowie stated that the City Council has reviewed this request at previous meetings, but the item was continued in order to obtain additional information regarding proposed route “B2”. Mr. Cowie noted that several property owners in the area of the proposed lines had been contacted, and were in attendance at this meeting to address concerns regarding the proposed routing of the lines. Mr. Cowie introduced Keith Hegerhorst, a private electrical engineer, who had been contacted by the City to conduct an independent review of the proposed routing of the lines. Mr. Hegerhorst reported on the findings of the review which he conducted. He stated that the power poles shown on the drawing submitted by Utah Power are preliminary locations with the exception of one pole. The pole located on the south east corner of the future Shoreline Substation needs to be in line with the future power station and the future sub-station. The pole on the north east could possibly be eliminated or relocated inside the substation, depending on the final design of substation, which is not yet complete. The pole located on the west side of the substation could also potentially be located just inside the Utah Power substation fence. Councilmember Carpenter asked Mr. Hegerhorst if additional poles would be necessary if the location of the poles were changed. Mr. Hegerhorst stated that the same number of poles would be required. Councilmember Carpenter clarified that there would be no change in the number of poles, but only a slight alteration in the location of the poles. Mr. Doyle requested to make some corrections to the statements made by Mr. Hegerhorst. Mr. Doyle stated that route “A1” would require only one structure on 2000 West, while route “B2” would require a structure on both the northeast and southeast side of 2000 West. Mr. Doyle stated that specific structures are uncertain until the final design is complete, but that up to three structures may be necessary for route “B2”.
Mr. Doyle stated that route “A1” is the preferable route, but that Utah Power is willing to consider route “B2” at the request of the Council. Mayor Acerson asked Mr. Doyle if route “A1” is used, if there would be adequate space for future road expansion. Mr. Doyle stated that Utah Power representatives have met with the City engineer and the landfill board to discuss placement of the poles, and it appears that road expansion would not be affected by route “A1”. Councilmember Bath inquired as to how far back from the road right of way pole could be placed without breaking the landfill cap. Mr. Short stated that the cap extends to the edge of the road, and it will be necessary to break the cap regardless of the exact location of the pole. Mr. Doyle stated that Utah Power has communicated with the Department of Environmental Quality (DEQ) regarding the landfill cap. The DEQ has indicated that penetrating the cap during installation of the pole is acceptable, provided that the cap is resealed with a clay layer following construction. The DEQ will perform an inspection following the resealing to ensure standards are met. Councilmember Carpenter asked the applicants if they were confident that the details could be worked out with the landfill. Mr. Doyle stated that preliminary communications with the landfill indicate that they are willing to cooperate.
Mayor Acerson inquired as to the approximate placement of the pole located on the landfill. Mr. Doyle stated that the exact location is unclear at this time, but that the pole would be placed approximately 35-45 feet west of the roadway. This placement will allow for a twenty foot access roadway for Saturday use at the transfer station, as well a separation area between 2000 West and the access roadway. He noted that this placement will increase the height of the poles by 15-25 feet above street grade, but that the maximum height of the poles will be 110 feet.
Mayor Acerson inquired as to the set back of the poles along 200 South. Mr. Doyle stated that the City had requested that the poles in that area be relocated 18 feet to the south. Mr. Doyle stated that the relocation of the poles can be accommodated, provided necessary right of ways can be acquired from property owners, and the wetlands can be left undisturbed. Councilmember Bath asked the applicants if they have communicated with the Army Corp of Engineers regarding a possible land swap on the other side of the wetlands, as it is his understanding that the Army Corp of Engineers is willing to negotiate a solution to the wetlands issue. Mr. Doyle stated that it is the intent of PacifiCorp to avoid the wetlands area with this project. Councilmember Carpenter observed that avoiding the wetlands area leaves the City to absorb the impact of the pole placement. Mr. Cowie noted that the City has contacted the Army Corp of Engineers regarding this application. Mr. Cowie stated that the Army Corp of Engineers indicated that the poles are considered a separate project from the power station, and that no application has been received regarding impact of the poles on the wetlands area.
Mayor Acerson invited property owners who were present at the meeting to address the Council. Thad Beal stated that his property is currently being marketed nationwide. Mr. Beal felt that route “B2” would have a negative impact on his property value. He noted that one company considering purchase of his property uses large derricks, which could be prohibited if the lines are placed over his property. Mr. Beal commented on the Sprint cell tower located in the area. He noted that Mr. Rodeback had stated that the location of the cell tower would not be problematic. However, Mr. Beal felt that the proximity of the power poles to the cell tower could be a problem in the future. Mr. Beal suggested the City review other alternatives. He stated that depending on the decision made regarding this application, he may contact an attorney in order to protect his property value.
Kurt Jergens stated that placement of the poles as proposed in route “B2” may impact access on his property for semi trucks used to ship his product to other areas of the country. Mr. Jergens noted that the proposed pole located east of Pioneer Lane may impact the driveway access and turn around area used for the trucks. Mr. Jergens noted that he has not conducted an extensive review of possible impacts, as he was only informed of the possible pole location yesterday. Mr. Short stated that PacifiCorp representatives could meet with Mr. Jergens to accommodate access to his site. Councilmember Carpenter asked Mr. Doyle to review the specific location of the proposed pole which may impact Mr. Jergens’ property. Mr. Doyle demonstrated the proposed location, and stated that the pole would be approximately 40 inches in diameter. Councilmember Carpenter observed that it appears that pole placement would leave adequate access. The Council went on to review photographs of proposed pole locations which may impact property owners.
Mike Dunn expressed concern regarding the location of master planned roads in the area in relation to proposed poles. Mr. Dunn felt that proposed roads and poles may “cut off” his property and have a significant impact on the value of the property. Mr. Dunn suggested the City consider other alternatives to route “B2” and place the poles where impact would be minimized on property owners. Councilmember Carpenter asked if there were existing poles on the Dunn property. Mr. Doyle stated that there are existing poles which have been in place since the early 1950’s, and the company is proposing a pole for pole replacement in the existing right of ways. Mr. Short noted that all proposed poles will be self supporting with no guy wires.
Skip Dunn stated that he owns the property adjacent to Mr. Beal and across from Larsen Excavating. Mr. Dunn stated that he felt route “B2” is unacceptable, and will devalue properties in the area. Mr. Dunn noted that sewer lines in the area are shallow, and it will be necessary to construct any future buildings close to the street, and location of the power lines directly over parking areas where people work would be unacceptable.
Pauline Weber, an agent for one landowner, suggested the City explore other options for placement of the lines in order to minimize impact on property in the area.
Councilmember Bath expressed concern regarding the placement of the poles adjacent to 2000 West. He suggested that the poles be placed on the west side of the road to allow for the future expansion of 2000 West, provided that placement could be worked out with the DEQ and the Landfill Board. Councilmember Bath felt that placement of the poles on the west side of 2000 West would minimize impact on property owners as well. Councilmember Anthony agreed that placement of the poles on the west of the road may be preferable.
Councilmember Bayless stated that the use of overhead lines and the expectation that the City must absorb the impact is a “travesty.” She felt that the suggestions made by Councilmember Bath should be considered. Councilmember Carpenter reiterated the feeling expressed in previous meetings that overhead lines are unsightly, and that the requirement for the City to bare the cost of under grounding lines is a result of lobbying efforts undertaken by Utah Power. Councilmember Carpenter noted that it is the responsibility of the City Council to make the decision most appropriate for landowners and citizens affected by the project. Councilmember Bath noted that foresight is necessary in determining the impact of placement of the poles on future development in the area. Mr. Short requested that the Council consider approving the Conditional Use Permit with appropriate conditions to address the concerns expressed by the Council. He sated that the request to relocate the poles 18 feet to the south can be accommodated on route “A1” and “A2” to address safety concerns.
Mike Dunn expressed appreciation to the Council for notifying property owners of the project in order for them to address concerns. Mr. Dunn felt that Utah Power would not have notified property owners of the proposal if not required to by the City. Mayor Acerson clarified that Utah Power stated that if route “B2” was approved, it would be necessary to notify property owners in the area.
The Council went on to discuss specifics of the access roadway and pole placement if moved west of 2000 West. Mayor Acerson called for further comments or discussion. Hearing none, a motion was made.
COUNCILMEMBER BATH MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY PACIFICORP/UTAH POWER FOR ROUTE A1 FOR A TRANSMISSION LINE UP-GRADE ALONG 2000 WEST AND 200 SOUTH WITH THE FOLLOWING CONDITIONS:
1. THAT 2000 WEST MAINTAIN A 66 FOOT RIGHT OF WAY.
2. THAT AN AREA BE RESERVED FOR A 20 FOOT ACCESS ROAD TO THE TRANSFER STATION ADJACENT TO 2000 WEST.
3. THAT A 10 FOOT SEPERATION BE PROVIDED BETWEEN 2000 WEST AND THE ACCESS ROAD.
4. THAT THE POLES HAVE A MINIMUM 4 FOOT SET BACK FROM THE WEST SIDE OF THE ACCESS ROAD.
5. THAT 200 SOUTH MAINTAIN A 66 FOOT RIGHT OF WAY.
6. THAT THE POLES HAVE A MINIMUM 15 FOOT SET BACK ON THE SOUTH SIDE OF THE 200 SOUTH RIGHT OF WAY.
7. THAT ALL AFFECTED PROPERTY OWNERS ARE CONTACTED BY PACIFICORP/UTAH POWER TO ADDRESS CONCERNS.
8. THAT AN AGREEMENT IS REACHED WITH THE LANDFILL BOARD REGARDING POLE PLACEMENT PRIOR TO CONSTRUCTION AND THAT DETAILS OF THE AGREEMENT ARE REPORTED TO THE CITY COUNCIL.
COUNCILMEMBER ANTHONY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
2. Preliminary Plat ( Deep Lot) – Walker Subdivision. This is a request by Ron Walker and Lisa Dixon for preliminary subdivision approval of Walker Subdivision (Deep Lot), 2 lots, in the R1-20 zone at 421 North 120 East. The City Council remanded this item back to the Planning Commission for further review. The Planning Commission re-heard the request and recommended approval with conditions.
Mr. Cowie reported that the Planning Commission reviewed this application extensively during the September 8, 2005 meeting. Mr. Cowie stated that the majority of Commissioners felt the application does meet the intent of the ordinance. He noted that the first zoning ordinance in Lindon was approved in 1978, and the existing dwelling on the site was constructed in 1952 prior to any zoning ordinance that would affect the lot. Commissioner Simister voted against the recommendation for approval. She stated that she felt the original intent of the lot should be maintained with a single dwelling, and that the deep lot should be considered a “self imposed hardship,” due to the fact that the deep lot is the result of previous development rather than geographic constraints.
Mr. Cowie observed that the Planning Commission recommended a review of the deep lot ordinance as a part of their motion for approval of this request. Councilmember Carpenter noted that the City Council had requested an interpretation of item #1 of the ordinance from the Planning Commission. Mr. Cowie stated that the interpretation of the Planning Commission was that portions of the ordinance are vague and that the ordinance should be reviewed for possible changes.
Mr. Cowie noted that the Planning Commission recommended that the applicants have documentation available for review by the City Council that neighboring property owners are not opposed to this development. The applicants submitted letters from three neighbors which express support of development of this deep lot. Mr. Cowie stated that he had received a call from Mr. College, owner of Wadley farms. Mr. College had some questions regarding the development, but did not express any opposition to the deep lot. Mr. Cowie commented on concerns of the Planning Commission and the City Council regarding the precedent which may be set for other deep lots in the area if this application is approved. Mr. Cowie pointed out that for various reasons, most other potential deep lots in the area would not meet the specifications of the code. One other lot could potentially be approved.
Councilmember Carpenter inquired as to the square footage of the lot, noting that in the previous application the roadway had been used as part of the lot measurements. Mr. Cowie stated that one property line had been adjusted in order to create the full 20,000 square foot minimum without including the driveway area.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY LISA DIXON FOR A DEEP LOT SUBDIVISION (2-LOTS) TITLED WALKER SUBDIVISION, WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE UTILITY EASEMENTS BE PROVIDED AS SHOWN ON THE PLAT.
2. THAT THE SHEDS ON THE SITE BE REMOVED OR UTILITY EASEMENTS VACATED IF THE SHEDS ARE LEFT IN PLACE.
3. THAT ANY ENGINEERING CONCERNS BE ADDRESSED TO THE SATISFACTION OF THE CITY ENGINEER.
COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO REQUEST A REVIEW OF THE DEEP LOT ORDINANCE BY THE CITY COUNCIL FOR NEEDED CHANGES AT A FUTURE MEETING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Preliminary Plat – Wolf Mountain Industrial Subdivision, Plat “A”. This is a request by Sean Glathar of Wolf Mountain Products for preliminary subdivision approval of Wolf Mountain Industrial Subdivision, Plat “A”, 1 lot, in the LI zone at 355 South 1250 West. The Planning Commission recommended approval with no conditions.
Mr. Cowie noted that Mr. Glathar was not present at the meeting, and asked the Council if they felt comfortable proceeding in the absence of the applicant. Councilmember Carpenter felt that moving forward would be appropriate, as there were no specific conditions for approval recommended by the Planning Commission. Councilmember Bayless noted that she had been present at the Planning Commission meeting in which this item was discussed. She stated that the Planning Commission had reviewed specifics of the site plan and business in detail prior to recommending approval.
Councilmember Bayless inquired as to the drainage ditch adjacent to the site, which will be dedicated to the City. She asked if a portion of the ditch is in Vineyard. Mr. Dameron stated that a portion of the ditch is in Orem City, and that the majority of the drainage flow in ditch is Orem storm water. Councilmember Carpenter asked if the dedication to the City indicated that the City would be responsible in the event that storm water causes flooding on the site. He noted that the purpose of the requested subdivision is to accommodate the structures on the site, but observed that approval of the subdivision would indicate that the site is suitable for development. Councilmember Carpenter felt that if appropriate improvements were not in place, the site should not be approved for development. Mr. Dameron indicated that the applicant is aware of potential flooding in the area. Mr. Dameron observed that the ditch is maintained primarily by Orem City, and that Orem is very responsive to work with regarding maintenance of the ditch. Mr. Dameron noted that if the ditch is properly maintained, capacity is sufficient to handle the drainage and minimize flooding potential in the area. Mr. Dameron noted that some flooding had occurred this spring, but that the ditch was in need of maintenance at the time the flooding occurred. He felt that communication between the property owner and the City regarding maintenance would alleviate potential flooding problems. Mayor Acerson suggested that the property owner be advised to take appropriate precautions to avoid flooding. Councilmember Carpenter noted that the General Plan states that if property requires improvements for development which are not planned in the immediate future, development should not be approved. Mr. Cowie stated that the Planning Commission has approved the site plan for this application. He noted that the subdivision plat should not create any additional liability for the City. Mr. Dameron suggested that the application could be approved with the condition that the developer enter into a development agreement with the City regarding liability if flooding should occur, and the responsibility of the developer to mitigate the flood potential in some way, such as the addition of a berm adjacent to the ditch. Councilmember Bayless agreed that a development agreement explaining that the drainage system in the area is not scheduled for improvements at this time, and the responsibility of the developer to take action to mitigate flood potential would be appropriate. Mr. Dameron noted that Orem City will bare the majority of any cost associated with flooding from the ditch, as it is Orem storm water.
Councilmember Carpenter expressed concern regarding approval of development in an area where the City is aware of flood potential, and the liability which may be associated with such an approval. Mr. Dameron explained that typically a developer is responsible for installation of site improvements and the City is responsible for installation of system improvements. Storm water improvements are considered a system improvement, and as such are the responsibility of the City. Mr. Dameron clarified that the ditch has sufficient capacity if properly maintained, and that communication with the property owner, Lindon City and Orem City regarding maintenance would be important in avoiding future flooding. Councilmember Carpenter agreed that if the property owner is aware of flooding potential and the need for some mitigation of that potential, and if the ditch is able to accommodate flow if properly maintained, approval of this application would be appropriate. Mayor Acerson called for further discussion. Hearing none, he called for a motion.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY SEAN GLATHAR FOR A 1-LOT MINOR SUBDIVISION AT 1250 WEST 355 SOUTH . COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Bayless directed staff to communicate with Mr. Glather regarding a possible berm adjacent to the drainage ditch, and the need to communicate with the City regarding maintenance and cleaning of the drainage ditch as necessary.
4. Preliminary Plat – Orchard Park Residential Subdivision, Plat “A”(Revision). This is a request by Wentworth Development for preliminary subdivision approval of a revised Orchard Park Residential Subdivision, Plat “A”, 34 lots in the R1-20 zone at 600 North to 800 North, 200 East to Main Street. The original plat has not yet been recorded. The Planning Commission recommended approval with conditions.
Matt Meyer of Wentworth Development was the representative for this item. Mr. Cowie stated that the revised subdivision plat comes as a result of a delay in the boundary adjustment between Lindon City and Pleasant Grove City. Mr. Cowie noted that original approval of the subdivision was contingent on completion of the boundary adjustment for at least the portion associated with this development. The Fryer family owns a significant portion of the property which will be affected by the boundary adjustment. The Fryer’s have submitted written opposition to the adjustment, which has delayed the adjustment until the matter can be addressed in court. Mr. Cowie stated that the applicant is requesting an adjustment to lots 17, 24, and 25 of the original plat, with lot 25 being designated as Plat “B”. A section of all three lots which is currently located in Pleasant Grove City would be eliminated from the plat. However, lots 17 and 24 still meet minimum size requirements for the subdivision, and will be included in Plat “A”. The parcel which will be removed will be included with lot 25 until the boundary adjustment is complete, at which time a portion of the parcel will be included with lot 17, and the remainder will be included with lot 25. Mr. Cowie stated that engineering and staff comments indicate a preference for including all three affected lots in Plat “B” to eliminate the odd configuration which will be necessary in excluding only lot 25 from Plat “A”. Mr. Cowie noted that all improvements will be stubbed to lot 25 at the time of development. Mr. Meyer stated that no construction would be allowed on lot 25 until the boundary adjustment is complete. Councilmember Bayless commented that the parcel which will eventually be included with lot 17 may be problematic if landscaping and fencing is completed on the lot prior to completion of the boundary adjustment. Mayor Acerson suggested that buyers of lot 25 should be made aware of the situation prior to purchase. Mr. Meyer suggested that specification for the affected lots could be included in the development agreement between the City and the developer. Mr. Cowie observed that it would be necessary to have any specifications in the agreement transferable to any future owner. Mr. Dameron agreed that any stipulations in the agreement would be required of future owners as well.
Councilmember Anthony inquired as to the canal adjacent to lot 25, and if required covering of the canal would take place at the time of development. Mr. Meyer stated that all improvements will be completed at the time of development.
Mayor Acerson observed that moving forward with the application would be recognized by the courts, and may have a positive effect on the progress of the boundary adjustment. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REVISED ORCHARD PARK SUBDIVISION PLAT TO ALLOW FOR PHASED DEVELOPMENT, WITH THE FOLLOWING CONDITIONS:
1. THAT PHASE TWO OF THE SUBDIVISION NOT BE RECORDED UNTIL THE BOUNDARY LINE ADJUSTMENT BETWEEN LINDON CITY AND PLEASANT GROVE CITY IS FINALIZED FOR AT LEAST THE SECTION OF PROPERTY INVOLVED WITH THIS DEVELOPMENT.
2. THAT THE DEVELOPER ENTER INTO A DEVELOPMENT AGREEMENT WITH THE CITY TO FINALIZE DETAILS OF PAYMENTS FOR SUBDIVISION IMPROVEMENTS, ADDRESS CONCERNS REGARDING PAYMENT OF FENCING AND FINALIZE AGREEMENTS FOR UTILIZATION OF THE CITY PARK FOR THE DETENTION BASIN.
3. THAT THE SECTION OF THE NORTH UNION CANAL THAT RUNS THROUGH THE DEVELOPMENT AND ANY CANAL LATERALS ON THE PROPERTY BE PIPED, AND THAT THE APPLICANT CONTACT THE FRYER’S REGARDING A POSSIBLE LAND SWAP TO ALIGN THE PARCEL BOUNDARIES WITH THE CANAL. THE APPLICANT WILL BE RESPONSIBLE TO PIPE ONLY AREAS OF THE CANAL LOCATED ON PROPERTY OWNED BY THE DEVELOPER.
4. THAT ALL DOUBLE FRONTAGE LOTS THAT HAVE REAR OR SIDE PROPERTY LINES ABUTTING 600 NORTH, MAIN STREET, OR 1000 SOUTH IN PLEASANT GROVE HAVE ACCESS RESTRICTIONS IDENTIFIED ON THE PLAT TO CLARIFY THAT ACCESS IS NOT PERMITTED ON THESE STREETS. PROPOSED LOTS WITH RESTRICTIONS ARE: LOTS 1, 2, 3, 12, 13, 14, 15, 16, 17, 24, 25, AND 34.
5. THAT A SIX FOOT ACCESS EASEMENT TO THE CITY PARK IS PROVIDED IN THE AREA BETWEEN LOTS 9 AND 11, AND THAT THE CITY BE RESPONSIBLE FOR MAINTENANCE OF BOTH PARK ACCESS EASEMENTS.
6. THAT MAIN STREET IS COMPLETED ACCORDING TO THE PLAT, AND BARRICADED AT THE NORTH END TO ELIMINATE TRAFFIC FLOW. THE BARRICADES WILL REMAIN IN PLACE UNTIL THE PLEASANT GROVE 1000 SOUTH CORRIDOR IS COMPLETED TO LOCUST AVENUE.
7. THAT THE BYRON’S PAY FOR ANY UTILITY LATERALS INTENDED TO SERVE THEIR PROPERTY ADJACENT TO MAIN STREET AND ALLOW INSTALLATION OF THE LATERALS BY THE DEVELOPER AT THE TIME OF DEVELOPMENT TO PREVENT THE ROADWAY FROM BEING CUT IN THE FUTURE, AND THAT THE DEVELOPER COMMUNICATE WITH CITY STAFF REGARDING THE INSTALLATION OF A FENCE ON THE BYRON PROPERTY.
8. THAT ANY OUTSTANDING ENGINEERING CONCERNS BE ADDRESSED TO THE SATISFACTION OF THE CITY ENGINEER.
9. THAT THE ROADWAYAREA ADJACENT TO THE NORTH PART OF THE SUBDIVISION AND IDENTIFIED AS PLEASANT GROVE’S 1000 SOUTH BE DEEDED TO LINDON CITY PRIOR TO OR AT THE SAME TIME PLAT A IS RECORDED.
10. THAT THE CITY COUNCIL APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND THE CITY.
COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Meyer commented that he has had difficulty purchasing the required water shares for the development. He inquired as to the possibility of paying cash to the City in lieu of the required water shares. Councilmember Carpenter noted that this may be an ongoing problem for developers, and that the City should consider a policy addressing the problem. The Council gave Mr. Meyer suggestions for water brokers he may contact in an attempt to acquire additional shares.
5. Preliminary Plat – Old Station Square, Plat “A” (Revision). This is a request by BMA Construction for preliminary subdivision approval of a revised Old Station Square, Plat “A”, 9 lots, in the CG zone at Lakeview Drive and State Street. The City Council continued this item form the meeting of September 20, 2005 pending review and comments from the city engineer. The Planning Commission recommended approval with conditions.
The Council reached consensus to address this item later in the meeting at the request of the applicant.
6. Review and Action – Temporary Zoning Ordinance – R3 Overlay Zone. During the meeting of September 20, 2005, the City Council, by motion, placed a maximum 60 day temporary moratorium on the acceptance of applications for R3 Overlay projects. Approval of this ordinance formally ratifies the action and intent of the Council.
Mr. Cowie explained that this ordinance is in response to the motion made by Councilmember Carpenter at the last regular City Council meeting, which called for a sixty day moratorium to be placed on any R3 Overlay applications. Mr. Dameron noted that approval of this ordinance would ratify the action taken by the Council in approving the moratorium. Tom Spencer was present as the representative for Fieldstone Developers. Mr. Spencer expressed opposition the moratorium, and the ordinance which would ratify this action. Mr. Spencer noted that Fieldstone has been in discussion with the City for over a year regarding residential development in the area of the R3 Overlay, and that in order to protect the time and money which the developer has invested in the project, it is necessary to oppose the moratorium. Mr. Cowie noted that the moratorium had been imposed following a design review of proposed development which was presented by Fieldstone, which did not appear to be consistent with the type of development the City Council had envisioned when drafting the ordinance. Mr. Spencer stated that if the moratorium is extended past the sixty days specified in the motion and the ordinance, it may create a financial burden for the developer. Councilmember Bath noted that during discussion regarding the moratorium at the previous meeting, the Council had expressed that review of the R3 Overlay ordinance will be conducted in a timely manner, and should be complete prior to the end of the sixty day period. Councilmember Bayless stated that review of the R3 Overlay ordinance is necessary to protect the interest of the City. Mayor Acerson called for a motion.
COUNCILMEMBER BAYLESS MOVED TO APPROVE ORDINANCE 2005-16 ENACTING TEMPORARY ZONING REGULATIONS PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR NEW PROJECT PLANS LOCATED IN THE R3 OVERLAY ZONE, PURSUANT TO UTAH CODE ANN. 10-9a-504. COUNCILMEMBER ANTHONY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
7. Discussion – R3 Overlay Zone. The Council requested a review of the ordinance which created the R3 Overlay Zone. The ordinance has been reviewed by staff and representatives of Fieldstone Homes. The Council will review the suggested changes to the ordinance.
Tom Spencer and Kyle Honeycutt were the representatives for this item. Mr. Cowie commented on a proposal submitted by Fieldstone Developers for design review. Mr. Cowie stated that the proposed development was in compliance with the R3 Overlay Ordinance as written. The Planning Commission and City Council have expressed that the proposed development did not appear to be consistent with what had been envisioned. Mayor Acerson noted that the City had made an effort to accommodate discussion with the developer in scheduling a discussion of this proposal at a special meeting on September 22, 2005. Mr. Cowie stated that the developer had requested to draft changes to the ordinance in an attempt to make the development more consistent with the desires of the City. Mr. Cowie observed that the changes suggested by Fieldstone create several additional lots in the single family homes, as well as two additional retirement dwellings. Proposed changes also include more curvilinear streets and additional open space. The proposed changes eliminate the required 5,000 square foot lots for retirement dwellings, which are proposed to have common yards maintained by a homeowners association. Required setbacks would still apply to the retirement dwellings. Mr. Cowie noted that proposed changes allow averaging of lot sizes rather than a 10,000 square foot minimum. Some street widths are narrower than typical streets. However, the ordinance as written allows requests for variations in road width. Councilmember Bayless clarified that the narrower roads would be allowed only on interior residential roads.
The Council went on to review specific changes to the ordinance as proposed by Fieldstone, including lot size, road width, clustering, and park areas.
Councilmember Bayless observed that the current proposal with suggested changes includes seven additional single family dwellings and two additional retirement dwellings. She stated that she felt uncomfortable increasing the density of the development. Mr. Spencer stated that the previous proposal was meant to be illustrative, and was drafted prior to completion of the final ordinance. He stated that the original proposal did not maximize the potential allowed in the final ordinance, which would allow for a maximum of 130 lots. The current proposal is a net increase of one lot over the maximum allowable lots in the final ordinance. Mayor Acerson noted that it was the intent of the Council, acting in good faith, to use the ordinance to provide parameters to developers. Mr. Dameron noted that it was not the desire of the Council that the end result of any changes to the ordinance would be an increase in the number of dwellings, but rather the incorporation of additional elements such as curvilinear streets and more open space. Councilmember Bayless observed that the current proposal includes four attached units in the retirement dwellings. She felt that four attached units would be unacceptable. Mr. Honeycutt stated that attached units could be reduced to two.
The Council reviewed open space provided in the current proposal. Councilmember Carpenter noted that it appears that the area of the landscape median has been included in the measurement of open space. He felt that while the median does give a more open appearance to the development, it is not usable space and should not be included in park and open space measurements. Councilmember Carpenter noted that the amount of open space provided appears to meet the minimum requirement for the development. He observed that open space in the retirement area will not have public access. Mr. Spencer stated that the ordinance does not specify that open space in the retirement area is a separate component of the development.
Councilmember Anthony observed that the philosophy of Lindon has been half acre lots. He stated that he is not in favor of the R3 Overlay or any proposed changes to the ordinance. Councilmember Bath stated that he agreed with the feelings expressed by Councilmember Anthony, but felt that lot averaging would be necessary to accommodate an attractive development. Councilmember Bath felt that the current proposal had reduced the size of too many lots. He stated that the City should not give up their principals for the sake of economics. Councilmember Bath felt that the City had been willing to come to a compromise with the developer, but that the current proposal includes higher density than would be acceptable. Mr. Dameron asked for specific changes to the recommendations submitted by Fieldstone. Councilmember Bath stated that a more even split of lots over 10,000 square feet and lots under 10,000 square feet would be more acceptable.
Councilmember Bayless noted that the motivation of the City in allowing the R3 Overlay was to create affordable housing for residents who wish to be a part of the Lindon community. She observed that the current proposal has the appearance of a “brief stopping place” rather than a long term residential community. Mr. Spencer observed that the R3 Overlay area is surrounded by light industrial and commercial areas. He felt that purchasers would not be willing to pay for large lots in the area. Mr. Spencer stated that affordability is tied to the cost of land, and that half acre lots would not provide an affordable housing component to the City.
Mr. Dameron requested guidance from the Council regarding specific changes to the ordinance. He observed that the Council had passed the ordinance, and that the developer had relied on the specifications of the ordinance in drafting the proposal. Councilmember Bath felt that too many lots were under the original 10,000 square foot minimum. Mr. Honeycutt suggested that 10,000 square feet could be used as a median, rather than an average. Councilmember Carpenter suggested an increase in the minimum allowable lot size. Mr. Cowie noted that this may result in the loss of open space. Mr. Spencer suggested reducing the number of single family lots to the proposal of 124 units, and increasing the number of retirement dwellings by ten. Mr. Spencer noted that it would be necessary for the developer to have sufficient dwellings to offset the expenses associated with open space and curvilinear streets.
Councilmember Bayless suggested that this discussion be continued in order to give the Council sufficient time to review the information provided by Fieldstone. Councilmember Anthony agreed that further review of the information and options would be appropriate prior to any approval. Mr. Cowie suggested the Council also consider the possibility of relocating 500 North as shown on the master plan. He observed that the roadway places specific restrictions on the development, and that concessions on moving the roadway may create additional options for the development.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE R3 OVERLAY ZONE DISCUSSION TO THE NEXT REGULAR CITY COUNCIL MEETING. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ITEM #5, OLD STATION SQUARE, CONTINUED –
Brigham Ashton was the representative for this item. Mr. Cowie noted that this item was continued from the last regular City Council meeting. Councilmember Carpenter noted in the previous meeting that the Council had reached agreement that the subdivision of lot 1 would be acceptable, but that there were significant safety concerns related to extension of the tunnel. The Planning Commission recommended that the City Council consider cross easements between lots 5 and 6 and lots 5 and 7. However UDOT prohibits crossing the Timp Lake Trail, and no cross easements will be allowed between lot 5 and lot 6. In addition, the City engineer discourages any cross easements in this area due to pedestrian safety issues. The City Council also requested an engineering review of the power pole in the City Park east of the development in relation to the existing mature tree and any future road alignment. The engineering review indicates that the current pole placement should not be in conflict with any future road alignment.
Mr. Ashton stated that the owner of the north east corner lot in the development is not willing to vacate one access. UDOT will require one State Street access to be vacated. Mr. Ashton will work with the property owner to resolve the issue, which may require Mr. Ashton to trade property for the vacated access.
Mr. Ashton went on to discuss the relocation of the power pole in the development and the replacement of the pole in the City park. He stated that cost estimates provided by Utah Power indicate that the cost of relocating the pole would be approximately $30,122.00, and the cost of replacing the pole in the park would be approximately $13,610.00. Mr. Ashton observed that these costs may become a financial burden on the developer. Mr. Ashton has contacted Doug Bassett, UDOT Traffic Engineer for Region 3, regarding the possibility of a road realignment of 200 North rather than relocation of the power pole. Mr. Bassett indicated that the realignment may be possible. According to Mr. Ashton, Mr. Bassett sent comments by e-mail to the City, which have not yet been reviewed by City staff. Councilmember Anthony asked Mr. Ashton if it would be his preference to pay for road realignment rather than relocation of the power pole. Mr. Ashton felt that it may be preferable, and inquired as to the possibility of cost sharing with the City. Councilmember Anthony noted that a similar change in road alignment had been made in the area of Francom Motors, which seemed to address some safety issues. Mr. Cowie suggested that Mr. Ashton attend DRC meeting on October 14th to review the possible road realignment. This item will be discussed at a future City Council meeting following further review of possible road realignment.
COUNCILMEMBER CARPENTER MOVED TO CONTINUE THE REVISED OLD STATION SQUARE SUBDIVISION PLAT PENDING REVIEW OF A POSSIBLE ROAD REALIGNMENT OF 200 NORTH. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ITEM #14, CONDIE CONSTRUCTION –
Due to the late hour, the Council felt it would be appropriate to address this item at this time in order to excuse the representative who was present at the meeting.
COUNCILMEMBER CARPENTER MOVED TO ADDRESS AGENDA ITEM #14 AT THIS TIME. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Tom Carter of Condie Construction was the representative for this item. He stated that the Company has determined that it will not be necessary to back-date the increase as originally requested, but that an increase as of October 1, 2005 is now being requested. Mr. Carter noted that the company has made an effort to take advantage of cost saving opportunities for the City, but that the rise in fuel costs has had a significant impact on the operation. Mr. Carter noted that the cost increase does not reflect any profit, but is intended to cover the additional cost incurred by the contractor. Mr. Carter outlined the specific cost increase for the remainder of the project, which total $88,260.00. Mr. Carter noted that the project is approximately 37% complete at this time, and that most of the underground pipe will be installed in the next three weeks, pending approval of the UTA agreement regarding the railroad crossing. Mr. Dameron stated that the agreement is being reviewed by the City attorney at this time, and that it will be approximately two weeks before the agreement is finalized.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE CHANGE ORDER REQUEST FOR CONDIE CONSTRUCTION IN THE AMOUNT OF $88,260.00 WITH THE FOLLOWING CONDITIONS:
1. THAT THE CONTRACTOR PROVIDE DOCUMENTATION OF SPECIFIC COST INCREASES.
2. THAT THE PROJECT BE REVIEWED IN THE LAST PHASE TO DETERMINE IF FURTHER ADJUSTMENTS DUE TO COST INCREASES OR DECREASES WOULD BE APPROPRIATE.
COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
8. Review and Action – Canvass – Primary Election Results. The City Council will sit as a Board of Canvassers for the October 4, 2005 Municipal Primary Election.
The Primary Election Canvass was conducted by the City Council, acting as the Board of Canvassers. The Council reviewed election results submitted by the Election Judges, as well as counted the verified provisional ballots. Finding no discrepancies in the results of the election, the results were certified as follows:
COUNCILMEMBER BAYLESS MOVED TO CERTIFY THE PRIMARY ELECTION RESULTS AND NOMINATE THE FOLLOWING INDIVIDUALS AS COUNCILMEMBER CANDIDATES FOR THE GENERAL ELECTION TO BE HELD ON NOVEMER 8, 2005:
ERIC ANTHONY 249 VOTES
H. TOBY BATH 159 VOTES
TIM CLYDE 125 VOTES
KENNETH JOHN MILLER 90 VOTES
COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Roger Colton was eliminated as a candidate for the General Election with 61 votes.
9. Review and Action – Appointments to the Planning Commission. This is a request by the Mayor for the Council’s advice and consent to the appointment of a new member and the extension of terms for two present members to the City’s Planning Commission.
Mayor Acerson discussed the appointment of Matt Bean to the Planning Commission for a three year term. Mayor Acerson noted that an additional position needs to be filled on the Commission. Councilmembers gave suggestions of residents the Mayor may wish to contact regarding the vacant position. Mr. Cowie explained that in order to maintain consistency on the Planning Commission, Commissioner Anderson and Commissioner Godfrey should be reappointed for two year terms, rather than three. This will allow staggering of the completion of terms in order to maintain continuity as changes are made. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER CARPENTER MOVED TO AUTHORIZE THE MAYOR TO APPOINT MATT BEAN TO THE PLANNING COMMISSION FOR A TERM OF THREE YEARS, AND TO RE-APPOINT RON ANDERSON AND GARY GODFREY FOR A TWO YEAR TERM. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
10. Review and Action – Lease Agreement – Utah Auto Sales. This is a request from Utah Auto Sales for a two year extension of the Utah Auto Sales Lease Agreement pertaining to the city’s property located south of the City Center. The renewal includes a provision for a 30 day written notice for Utah Auto Sales to vacate the premises.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE TWO YEAR LEASE AGREEMENT BETWEEN LINDON CITY AND UTAH AUTO SALES. COUNCILMEMBER CARPENTER SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILEMEBER ANTHONY NAY
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
THE MOTION CARRIED (3-1) WITH ONE ABSENT.
Councilmember Anthony noted that he was opposed to the lease agreement due to possible safety concerns associated with separate portions of the same business located on opposite sides of State Street. He felt that the business should be encouraged to relocate the entire business to one side of State Street.
11. Review and Action – Interlocal Agreement with Vineyard Town for Sewer Services. This is a request from Vineyard Town for sewer services to be provided by Lindon City for the businesses along the border located at approximately 200 South Pioneer Lane. This is a similar agreement to the culinary water services agreement provided by the City Council on February 15, 2005.
Mr. Dameron stated that the Council approved an agreement with Vineyard Town to provide water services to this specific area in February 2005. Since that time, Vineyard has also requested that sewer service be provided to the same area. Mr. Dameron stated that attachments will be included with the final document, but are not available for review at this time. He suggested that a motion for approval should authorize the Mayor to sign the documents following review of the attachments. Councilmember Carpenter asked Mr. Dameron if providing the requested sewer services would have an impact on the sewer capacity specifications for Lindon. Mr. Dameron stated that Vineyard would have their own capacity specifications, and providing services would not affect the capacity specifications for Lindon.
COUNCILMEMBER BATH MOVED TO APPROVE THE AGREEMENT BETWEEN LINDON CITY AND VINEYARD TOWN FOR SEWER SERVICES TO BE PROVIDED FOR BUSINESSES ALONG THE BORDER LOCATED AT APPROXIMATELY 200 SOUTH PIONEER LANE AND TO AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS FOLLOWING REVIEW OF ATTACHMENTS. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
12. Review and Action – Interlocal Agreement with Pleasant Grove City – Common Taxing District. This is a request by staff to once again ratify 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. Lindon City approved the addition of paragraph 2C on May 3, 2005 in the anticipation of the same approval from Pleasant Grove City. That approval has now taken place and this should be the final version of the agreement.
Mr. Dameron explained that discrepancies between the agreement approved by Lindon City and the agreement approved Pleasant Grove City have been resolved. The Pleasant Grove City Council recently approved the corrected version of the agreement. Mayor Acerson called for comments or questions regarding the agreement. Hearing none, he called for a motion.
COUNCILMEMBER CARPENTER MOVED TO RATIFY THE AGREEMENT BETWEEN LINDON CITY AND PLEASANT GROVE CITY FOR A COMMON TAXING DISTRICT IN THE VICINITY OF THE NEW I-15 INTERCHANGE AND TO AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
13. Review and Action – Interlocal Agreement with Pleasant Grove City – Use of Federal Funds from MAG and UDOT for 700 North. This is a request by staff to ratify the Interlocal Cooperation Agreement between Lindon City and Pleasant Grove City concerning the allocation of federal funds for the extension of Lindon’s 700 North Street and Pleasant Grove’s 2000 West Street. Lindon City initially approved this agreement on February 15, 2005; however, upon review by the city attorney, the agreement approved by Pleasant Grove City has some different language. The language problems have now been rectified, and Pleasant Grove City has taken action to approve the agreement. This should be the final version of the agreement.
Mr. Dameron asked if there were any questions or comments concerning the agreement. There were none. Mayor Acerson called for a motion.
COUNCILMEMBER BAYLESS MOVED TO RATIFY THE AGREEMENT BETWEEN LINDON CITY AND PLEASANT GROVE CITY CONCERNING THE ALLOCATION OF FEDERAL FUNDS FOR THE EXTENSION OF LINDON’S 700 NORTH STREET AND PLEASANT GROVE’S 2000 WEST STREET AND TO AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS. COUNCILMEMEBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
14. Review and Action – Request for Compensation for Rising Fuel Costs – Condie Construction (700 North Project Contractor). This is a request by Condie Construction for consideration of additional compensation for rising fuel costs associated with the 700 North street project.
Tom Carter of Condie Construction was present at the meeting. Due to the late hour, this item was addressed earlier in the meeting.
15. Review and Action – Bid Award – Compact Excavator. Request for bids have been properly solicited and received for the purchase of the compact excavator included in this year’s budget. The low bidder is Bobcat in the amount of $45,770. Staff recommends awarding the bid to Bobcat.
Mr. Dameron noted that he had discussed the purchase of the Compact Excavator with Public Works Director, Don Peterson. Mr. Peterson felt that the proposed excavator was good quality, and would be a significant financial savings to the City considering the amounts of the other bids.
COUNCILMEMBER BAYLESS MOVED TO AWARD THE COMPACT EXCAVATOR BID TO BOBCAT IN THE AMOUNT OF $45,770. COUNCILMEMBER ANTHONY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
COUNCIL REPORTS
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM –
Councilmember Hatch was not present at the meeting.
Mr. Dameron noted that Councilmember Hatch had provided information regarding the five year plan of the housing consortium and new guidelines for low income housing.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION –
Councilmember Bayless inquired as to whether City code currently addresses light pollution. She noted that the lights at Low Book Sales are very bright, and have been on late at night at times. Mr. Dameron noted that Low Book Sales Conditional Use Permit indicates that lights must be shielded from residential areas, and dimmed at a certain time. Councilmember Carpenter commented on the United States flag installed at Low Book Sales. Mr. Dameron stated that the flag exceeds the maximum allowable height in the code, and that City staff is working to address the problem. It was noted that the flags at the City Center are in need of replacement.
Councilmember Bayless noted that a condition of approval of the Utah Auto Sales Sign on the west side of State Street was that the sign on the site east of State Street be removed and replaced with a smaller sign. She inquired as to the deadline for the sign change. Mr. Dameron stated that City staff will follow up on the sign change.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS –
Councilmember Bath requested that a periodic report be provided to the Council concerning action taken by the Code Enforcement Officer, Gary Hoglund, in order for the Council to be aware of problems which are being addressed. Mayor Acerson noted that Mr. Hoglund has been actively addressing various problems in the City. Mayor Acerson observed that some problems which need to be addressed have been long standing, and will require some time to resolve.
Councilmember Bath expressed concern regarding apparent businesses in the area of 630 East. He stated that one business is a scuba diving school, and that it appears to be creating parking and traffic problems in the area. Councilmember Bath requested that staff confirm that the business has a valid business license. Councilmember Bath observed that another construction business in the area may be in violation of City code, and requested that staff investigate further.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER -
Councilmember Anthony commented that he would like to appoint Linda Nelson and Nancy Zundel to chair the Lindon Days Celebration in 2006. The Council discussed the events held during the celebration this year, and various changes proposed by Ms. Zundel and Ms. Nelson. The Council will discuss the matter further at a future meeting.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS –
Councilmember Carpenter reported that the General Plan Committee has completed review of the General Plan. Following incorporation of the recommended changes, the General Plan will be reviewed by the Committee. Councilmember Carpenter noted that the recommended changes were generally wording changes, and that to a large extent the principles of the plan had not been affected. Following review by the Committee, the Planning Commission and City Council will review the changes during public hearings prior to adoption of the amended General Plan. Councilmember Carpenter felt that the changes would be ready for review in two to four weeks, with the intent of completing the process by the end of the year.
ADMINISTRATORS REPORT -
Mr. Dameron reported on the following items:
1. Councilmember candidates will meet with City department heads on Thursday, October 13th, at 6:00 p.m. Department heads will provide information regarding their respective functions within the City.
2. The Mayor’s Open House is scheduled for Thursday, October 13th, at 7:00 p.m.
3. The UVSC Scholarship Ball will be held Friday, October 14th beginning at 6:00 p.m.
4. The Council reviewed the project tracking list. Councilmember Bayless noted that the Linden Nursery site plan was not scheduled for review by the City Council. She commented that the Council had requested to review all State Street projects. Mr. Dameron clarified that the proposed building is not located near State Street, but will be at the rear of the site.
5. There are currently 315 recycling accounts.
6. Meet the Candidates Night is scheduled for October 25th at 7:00 p.m. at the City Center.
7. CRS Architects will present recommendations for commercial design guidelines to the Council during the regular meeting on October 18th.
8. Recreation Task Force minutes were provided to the Council for their information.
COUNCILMEMBER BATH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN-
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE MEETING AT 12:07 A.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – October 18, 2005
__________________________________________
Ott H. Dameron, City Administrator/Recorder
_________________________________
Jeff Acerson, Mayor
|
|
|
