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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » October 18, 2005
October 18, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, October 18, 2005, beginning at 7:00 p.m., at the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.
Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Don Peterson, Public Works Director
Invocation: Jerald Hatch, Councilmember
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/Recorder
Adam Cowie, Planning Director
Debra Cullimore, Deputy Recorder
The meeting was called to order at 7:05 p.m.
PRESENTATION – The City Council will recognize Kristen Colson, Finance Director, 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.
Mayor Acerson presented Ms. Colson with the Distinguished Budget Presentation Award Certificate, which is presented by the Government Finance Officers Association. Mayor Acerson noted that award is well deserved, and pays tribute to the City and Ms. Colson personally. He commended Ms. Colson for her efforts in achieving the award.
MINUTES – The minutes of the regular meeting of October 11, 2005 were reviewed. The following correction was made:
Page 5, Line 35: add the words, “and that details of the agreement are reported to the City Council.”
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE OCTOBER 11, 2005 MEETING AS CORRECTED. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION –
There was no public comment.
MAYOR’S COMMENTS/REPORT –
Mayor Acerson welcomed County Commissioner Larry Ellertson to the meeting, and thanked him for his efforts on behalf of the City.
CONSENT AGENDA –
No items.
CURRENT BUSINESS –
1. Review and Action – Timp/Lake Trail Cross-Section. This is a request by JUB Engineers, contract engineers for the Timp/Lake Trail project, for the City Council’s review and final action on the cross-section for the Timp/Lake Trail.
Mark Christensen of JUB Engineers was the representative for this item. Mr. Christensen introduced other members of the Timp/Lake Trail Project Team. Mr. Christensen reported that there has been a 73% increase in construction costs in the first six months of 2005. The cost increase is the result of various factors, such as an increase in fuel costs and labor and material shortages. Mr. Christensen noted that the dramatic cost increase will make it difficult to complete the entire trail project with available funds, and the Project Team anticipates completion of the trail from Canal drive to 800 West at this time.
Mr. Christensen stated that the City Council had reviewed proposed cross sections for the trail in August. At that time, the Council requested that the option for a narrower paved trail and a soft surface area be submitted to UDOT. Upon review by UDOT, these options were not approvable, as the paved surface in some areas was less than ten feet.
Mr. Christensen introduced Lori Dabbling, project manager with UDOT. Ms. Dabbling commented that the intent of trail projects is to meet the needs of the community while ensuring the safety of trail users. Ms. Dabbling noted that her function is as a steward of the federal funds available for this project. She noted that the amount of federal funds allocated for this project is fairly substantial, and that use of those funds requires that federal standards be met. Ms. Dabbling stated that Federal Highways has assigned agencies to oversee trail projects at the state level, and in Utah the agency assigned to oversee trails is UDOT. All trail projects overseen by UDOT which use federal funds are required to meet AASHTO standards. Ms. Dabbling noted that the concept of the Timp/Lake Trail is a shared use, non motorized trail. Anticipated uses on the trail include walking, jogging, cycling, and equestrian use. Ms. Dabbling stated that AASHTO standards require a ten foot paved width for bicycle use, and a twelve foot width is recommended in high traffic areas. Other AASHTO standards include a stable, firm, slip resistant surface, as well as compliance with ADA accessibility standards. Ms. Dabbling stated that a process is provided to request exceptions to these standards, but due to safety and liability issues, exceptions to the standards are not typically allowed.
Mr. Christensen stated that the Project Team has consulted Amy Bush, President of the Mount Timp Riders Club regarding the trail surface. Ms. Bush was unable to attend the meeting, but was contacted by telephone. Ms. Bush addressed the Council using a speaker phone, and reported that she has discussed the trail surface with members of her organization. Ms. Bush stated that they are supportive of an asphalt surface, as the asphalt roadway is commonly used by horses as they move through town. While not optimal, Ms. Bush felt that asphalt would be an acceptable trail surface.
Justin Smart of the Langdon Group is a member of the Project Team. He addressed the Council regarding public input which had been solicited regarding the trail. Mr. Smart reported that thus far, residents who will be immediately affected by the project have been contacted. Response received from those residents indicates that the greatest concern is the encroachment of the trail on private property. An informal poll conducted during Lindon Days indicates that the trail will primarily be used for cycling and walking, with other listed uses being jogging, horseback riding, and skating. Councilmember Anthony asked if feedback from residents indicates support of the trail. Mr. Smart stated that generally speaking, responses indicate that the trail is well supported in the community. Mr. Christensen observed that of 39 residents surveyed during Lindon Days, 38 were supportive of the trail. Mr. Smart noted that the polls which have been conducted are not statistically representative, but that they give an indication of the feelings of residents regarding the trail.
Mr. Christensen reviewed various cross sections which have been submitted to UDOT for approval. He noted that the option which included a four foot soft surface in addition to a ten foot paved width would be acceptable, as it is in compliance with AASHTO standards. However, Mr. Christensen pointed out that there may be safety issues associated with combining a soft surface trail and a paved surface trail. He noted that there is tendency for the soft surface material, such as gravel, to be “kicked up” onto the hard surface, which may create a hazard for trail users. Mr. Christensen went on to discuss the location of the trail in relation to road right of ways and private property. Mr. Christensen noted that in instances where the trail encroaches onto private property, owners of the property may choose to donate the necessary area for the trail area, or they may be compensated for the property.
Councilmember Bayless noted that she had been present during many of the Project Team meetings, and that she felt confident that the recommendations made by the Project Team were necessary for approval of the project.
County Commissioner Larry Ellertson was present at the meeting and requested to address this item. Commissioner Ellertson is a resident, as well as the former Mayor of Lindon. Commissioner Ellertson suggested the Council consider designating a section of the paved road as trail in some areas where traffic flow is light in order to complete the trail to full length with the available funds. Commissioner Ellertson commented on an area of 200 North which has a designated trail area at the edge of the asphalt roadway. The trail area is marked by a painted stripe. He noted that use of the roadway by horses is common in Lindon. Councilmember Carpenter commented that there may be instances when users of a trail on the edge of the paved roadway may be forced into traffic by on street parking, and that it may present some safety concerns. Councilmember Carpenter noted that only the trail cross section and width will be approved at this meeting, and exact placement of the trail can continue to be explored.
Kaleb Warnock, a reporter for the Daily Herald, inquired as to whether eminent domain will be used by the City in acquiring the necessary property for the trail. Mr. Christensen stated that it is the intent of the design team to work with property owners in acquiring the necessary property in a way that will be mutually beneficial. Councilmember Bayless noted that it is not necessary for the trail to follow an exact path, and that flexibility in trail placement will allow the design team to accommodate various circumstances. Councilmember Carpenter observed that it appears that there is significant support for the trail from residents, and that the City does not anticipate a great deal of difficulty in acquiring the necessary property.
Commissioner Ellertson noted that historically, soft surface trails tend to have ongoing maintenance problems. He suggested that those who use the trails should be willing to assist the City in the maintenance of the trails. Commissioner Ellertson felt it would be important to use any available resource to complete the trail to the lake. Mayor Acerson observed that it is the intent of the Council to construct the trail in such a way that it will require minimal maintenance. Commissioner Ellertson observed that regular maintenance of the trail would keep maintenance manageable.
Councilmember Hatch inquired as to AASHTO standards in relation to the trail sections at the edge of the paved roadway as suggested by Commissioner Ellertson. Jim Price of Mountainland Association of Governments addressed the question. He stated that there can be significant safety concerns associated with trail areas that are a part of a paved roadway. Mr. Fisher stated that bicycle riders can be forced to ride into oncoming traffic, and trail users can be forced into traffic as a result of on street parking in the designated trail area. He noted that many safety concerns can be addressed by maintaining a consistent surface throughout the trail, with as few transitions as possible. Mr. Fisher observed that it is especially important to provide a safe off street route for young children on bicycles to ensure that they are able to safely use the trail.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE TIMP LAKE TRAIL CROSS SECTION WITH A PAVED TEN FOOT ASPHALT WIDTH, AND TO MAINTAIN THE TRAIL IN EXISTING RIGHT OF WAYS WHEREVER POSSIBLE TO MINIMIZE IMPACT ON PRIVATE PROPERTY. IN THE EVENT THAT ADDITIONAL SPACE IS AVAILABLE IN SOME AREAS, A SOFT SURFACE OR LANDSCAPED AREAS MAY BE CONSIDERED. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Acerson noted that the City Council will review any recommendations for soft surface or landscaping options beyond the required ten foot asphalt width.
2. Continued 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 continued this item from the October 11, 2005 meeting to allow time for each Councilmember to suggest improvements to the ordinance.
Mr. Dameron noted that the Council had reached consensus to allow staff to negotiate a development agreement with Fieldstone Developers to submit a proposal for residential development in the R3 Overlay Zone. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER HATCH MOVED TO AUTHORIZE STAFF TO NEGOTIATE A DEVELOPMENT AGREEMENT WITH FIELDSTONE DEVELOPERS REGARDING PROPOSED RESIDENTIAL DEVELOPMENT IN THE R3 OVERLAY ZONE. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Review and Action – Commercial Corridor Guidelines Report. This is a report by CRS Architects, planning consultants, detailing recommended commercial corridor design guidelines for State Street and 700 North Street.
Soren Simonsen and Laura Hanson were present as representatives for this item. Mr. Simonsen requested some time in order to prepare the materials for the presentation. Mr. Dameron suggested moving on with other agenda items. The Council reached consensus to address agenda items #4 and #5 to allow Mr. Simonsen adequate time to prepare.
4. Review and Action – Development Agreement – Wentworth Development and Lindon City. This is a request by staff and Wentworth Development for approval of a development agreement for the Orchard Park Subdivision.
Matt Meyer was present as the representative for this item. Mr. Dameron noted that a condition of approval for the Orchard Park Subdivision was that the developer and the City enter into a development agreement. The development agreement is complete, and has been reviewed by the City attorney, as well as Wentworth Development representatives. Mr. Meyer noted that the suggestions made by the Council during discussion at the October 11, 2005 meeting have been included in the final document. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER BATH MOVED TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN LINDON CITY AND WENTWORTH DEVELOPMENT FOR THE ORCHARD PARK SUBDIVISION AS WRITTEN AND AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Review and Action – Interlocal Cooperation Agreement – North Utah Valley Animal Services Special Service District (NUVASSSD) and Lindon City. This is a request by staff and the Board of Directors of NUVASSSD for approval of an Interlocal Agreement for animal shelter and related services. The agreement outlines the circumstances and conditions under which the city may utilize the District shelter, what services the District will provide, the obligations of the City and the District, and the fees the City will pay the District for shelter services.
Mr. Dameron reviewed the proposed agreement. He stated that the agreement will provide animal shelter and related services to the City, and that the shelter will be a major improvement in the way animals are handled in north part of Utah County. Mr. Dameron noted that the agreement has already been passed by several participating cities. The City attorney reviewed the document and had no concerns. Councilmember Hatch encouraged Mr. Dameron to convey to the Board that they may wish to consider future expenses associated with the facility for maintenance and possible expansion. Mr. Dameron noted that the facility is owned by Utah County, and the County will required capital funds in the amount of $200,000 to be built up over the next twenty years and held in reserve to address future needs. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.
COUNCILMEMBER CARPENTER ACKNOWLEDGED RECEIPT OF THE FEE PAYMENT SCHEDULE AND POLICIES AND PROCEDURES OF THE NUVASSSD, AND MOVED TO APPROVE THE INTERLOCAL AGREEMENT BETWEEN LINDON CITY AND NUVASSSD AND TO AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS. COUNCILMEMBER ANTHONY 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.
ITEM # 3 CONTINUED – CRSA COMMERCIAL DESIGN GUIDELINES –
Mr. Simonsen commented that following the discussion regarding commercial corridor design guidelines six weeks ago, CRSA has attempted to reflect the desires of the Council to preserve the historical character of Lindon in suggested guidelines for future development. Mr. Simonsen introduced Ms. Hanson, and invited her to review specific recommendations. Ms. Hanson noted that design guidelines can be a valuable tool for cities, and can assist in identifying the community, creating districts, and defining use and activity of a particular area. She noted that the suggested guidelines are intended to convey the historic character of Lindon. Ms. Hanson observed that the guidelines are expected to be applied to the State Street and 700 North commercial corridors. She noted that some standards will be more applicable to State Street and some will be more applicable to 700 North. Ms. Hanson stated that as a result of comments from the last meeting, CRSA has identified some of the primary historic buildings in Lindon. Ms. Hanson displayed photographs of several historic buildings, and noted that the historic buildings were primarily constructed as residential dwellings, but are now being used as commercial businesses. She identified the architectural forms of the historic buildings as one part block, two part block, central block with wings, central passage, cross wing, and bungalow. Ms. Hanson reviewed the architectural details of each style of building, and gave examples of historic buildings consistent with each style. Photographs of new building which incorporate the same architectural style and details were also displayed for comparison with the elements of the historic buildings. Mr. Simonsen noted that maintaining the historic proportions and massing of the building would preserve the historic character of new construction, and allow new buildings to blend with existing historic buildings.
Ms. Hanson went on to review other suggested elements for design, such as setback, width to depth ratio, variations in façade, and acceptable elements for elevations. Suggested materials for elevations included stone, masonry, wood, cement, stucco, and concrete, with details and trim consistent with elements of historic buildings.
Ms. Hanson and Mr. Simonsen also discussed options for parking areas, which include some on street parking on 700 North, small parking areas interspersed in commercial areas, and some larger consolidated parking areas which could be shared by multiple businesses. Councilmember Carpenter commented that on street parking is not currently being considered for State Street or 700 North. Ms. Hanson suggested that on street parking could be considered on side roads coming off of the commercial corridors. Landscaping elements and delineated pedestrian areas were also recommended for parking areas.
Ms. Hanson reviewed recommendations for streetscapes, which include parking areas, pathways, lighting, and design of the site. Ms. Hanson noted that the streetscape can be utilized to create a “destination” feeling to commercial areas. She suggested that lighting be consistent with historical themes, and be on a pedestrian scale. Ms. Hanson also recommended the use of benches along pedestrian walkways, noting the use of benches tends to give a rural feeling to the area.
Recommendations for signage included various sizes and types of signs, including decorative pole signs, flush mount wall signs, blade signs, and monument signs. Ms. Hanson noted that the design of signage should not detract from the architectural elements of the buildings. Ms. Hanson suggested planted medians as a way to enhance the streetscape. The Council noted that planted medians are possible on 700 North, but that State Street is governed by UDOT, and the City has no control over planted medians. Mr. Simonsen commented on several planted medians which had been completed on State roads recently. He stated that UDOT is becoming aware of the safety issues which can be addressed through the use of planted medians, and has shown some willingness to work with cities on such projects.
Councilmember Bayless asked for suggestions regarding including “big box” commercial development into the guidelines. She noted that there is potential for such businesses as development occurs on the 700 North corridor. Mr. Simonsen suggested locating the “big box” retailer at the rear of the development, and pulling smaller businesses which incorporate the guidelines to a greater extent to the front of the site where they will be more visible from the street. Ms. Hanson suggested that façade treatments can also be used on “big box” stores to enhance the look and feel of the area. Mr. Simonsen noted that large retail businesses tend to serve as an anchor for smaller businesses, and are instrumental in the success of smaller businesses in the area.
The Council mentioned several areas in the document where language may be somewhat vague, and subject to interpretation. Mr. Simonsen stated that CRSA will review the language in the document to ensure that it is as clear and concise as possible.
Mr. Cowie expressed concern regarding discrepancies between design recommendations and existing code requirements. Councilmember Anthony suggested the possibility that the guidelines could be site specific, and apply only to certain areas, such as 700 North. Councilmember Carpenter suggested use of a less specific code which would then refer to the document for more specific requirements.
Mr. Cowie noted that the terms of the original contract with CRSA have been met. He wanted to make the Council aware that there may be an additional charge for further revisions to the recommendations. Mr. Simonsen stated that some editing was anticipated with the initial contract, and any additional charges could be negotiated. Mr. Simonsen agreed to attend the Planning Commission meeting when the recommendations are reviewed.
6. Review and Action – Resolution for a Geological Hazard mapping and Engineering Study (Resolution 2005-17). This is a request by staff for approval of a resolution authorizing funding for a geological hazard mapping and engineering study in the foothills on the east side of the city.
Mr. Cowie stated that he has investigated geological hazard mapping for the east foothill area of the City. Mapping of the area would include identification of fault lines and debris flow areas, as well as other possible hazards. Mr. Cowie stated that the mapping could be referenced in mitigation of possible hazards for future development and protection of existing public facilities. He noted that potential residential development in the study area is minimal, but that there are some public facilities, including the Salt Lake Aqueduct, located in the study area. Councilmember Carpenter asked Mr. Cowie to clarify that there is no imminent danger, but that the study is being done routinely in the area for mitigation purposes. Mr. Cowie confirmed that there are no imminent hazards, and the intent of the study is for the City to take a proactive approach as future improvements are constructed. Mr. Cowie noted that it would be necessary for any cuts associated with the construction of the future 1200 East Street to address potential hazards which would be identified by the study.
Mr. Cowie noted that he has received preliminary approval of $8,000 to $10,000 in grant funds, which will help offset the cost of the study. Mr. Cowie stated that the Resolution related to this study is a request for up to $45,000 of additional funds, but that based on preliminary bids he anticipates that approximately $20,000 to $25,000 in City funds will be necessary to complete the study.
Mayor Acerson expressed concern that residents in the study area may be alarmed if not notified of the study. Mr. Dameron commented that area residents would likely not even be aware the study was being conducted. Mr. Cowie noted that the study requires a public hearing during City Council meeting, and that area residents would be notified of the hearing. Mr. Cowie observed that existing residential development should not be affected by any findings of the study, as geotech studies are required prior to construction of subdivisions as well as individual dwellings.
Mayor Acerson suggested that some documentation of the services which will be performed be provided to the City. Mr. Dameron noted that a request for proposals would be issued by the City prior to awarding the bid, and the City will have the opportunity to interview firms interested in conducting the study regarding specific fees and services included in the mapping process.
COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION 2005-16 FOR APPROVAL OF FUNDS FOR GEOLOGICAL HAZARD MAPPING AND ENGINEERING STUDY IN THE EAST FOOTHILLS AREA OF THE CITY. COUNCILMEMBER BATH 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.
Mr. Dameron commended Mr. Cowie for his initiative in pursuing grant funding and enabling the City to take a proactive approach to future development.
COUNCIL REPORTS
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM –
Councilmember Hatch had no items to report.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION –
Councilmember Bayless commented on Lindon Days recommendations. Councilmember Anthony will address Lindon Days in his report.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS –
Councilmember Bath noted that the light on the pump house has been replaced with a lower watt bulb. He thanked Mr. Dameron for addressing the issue.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER –
Councilmember Anthony discussed recommendations for the 2006 Lindon Days Celebration. The recommendations were submitted by the 2005 event Committee Chairs. The Council discussed individual recommendations and made suggestions for events for the 2006 celebration.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS –
Councilmember Carpenter commented on information provided to the Council by Captain Cody Cullimore of the Police Department regarding “Walk to School Day.” Parents participating in the event with their elementary school students were asked to respond to several questions on a written survey. Survey results indicate that there is some concern among parents regarding the need for additional sidewalks near the schools. Councilmember Carpenter noted that the General Plan Committee recommended that the City consider participating financially with homeowners to install additional sidewalks. Councilmember Carpenter suggested that this may be accomplished through the implementation of a Special Service District. The Council discussed various options for funding of sidewalks, and the role the City should play in installation of the sidewalks. The matter will be discussed further at a later date.
ADMINISTRATORS REPORT –
Mr. Dameron reported on the following items.
1. Engineering coordination meeting will be held October 19th at noon.
2. Meet the Candidates Night will be held Tuesday, October 25, 2005, at the City Center.
3. Water Resource Board meeting will be held October 28th at 1:00 p.m. at the Department of Natural Resources. Mayor Acerson, Mr. Dameron, and Dave Thurgood of JUB Engineers will attend.
4. The Council reviewed the project tracking list.
5. Recycling accounts are at 319.
COUNCILMEMBER HATCH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN -
COUNCILMEMBER HATCH MOVED TO ADJOURN THE MEETING AT 10:45 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. APPROVED – November 1, 2005
_____________________________________
Ott H. Dameron, City Administrator/Recorder
_________________________________
Jeff Acerson, Mayor
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