MINUTES OF HIGHLAND CITY COUNCIL Tuesday, February 15, 2000 PRESENT: Mayor Jess Adamson Councilwoman Jan Bunce Councilwoman Gwyn Franson Councilman Ron Jewett Councilman Mike Long Councilman Gary Phillippi STAFF PRESENT: Barry Edwards, City Administrator Winifred N. Jensen, City Recorder Boyd Wilson, City Engineer OTHERS PRESENT: Steve King, Troy Raven, Suzette Sullivan, Lowell C. Nelson, Sharon Haddock, Warren Abbott, Jared Abbott, Kip Botkin, Lafe Brown, Randy Paul, David Nielson, Debbie Maughan, Richard Mendenhall, Melissa Wright Mayor Adamson called the City Council Meeting to order at 7:00 p.m. The meeting was called as a regularly scheduled meeting, and notice of the time, place, and agenda had been provided the Deseret News, Daily Herald, Salt Lake Tribune, and New Utah by February 11, 2000. The prayer was offered by Gwyn Franson, and those present were led in the Pledge of Allegiance by Wini Jensen. Minutes of the meeting held February 1, 2000, were approved, as amended, by motion from Gary Phillippi. Motion was seconded by Ron Jewett, and passed by unanimous vote. 1. Appearances - Suzette Sullivan Suzette Sullivan expressed her concerns, and questioned the reasons, for the proposal to stop UTA services for Highland, Alpine, and American Fork. She was concerned that the public hearing on the matter had not been advertised well enough. Mayor Adamson reported that UTA is relocating service routes, as a result of its study on rider ship, and has public hearings scheduled at UVSC, Spanish Fork Library, the Transit Center, and Provo City Hall, with one at the American Fork City Hall, February 17, from 7 - 9 p.m. UTA feels it can’t bring buses into areas that aren’t being utilized. Mrs. Sullivan noted that the current bus services comes and leaves twice a day, but its destination does not meet our needs. She felt there needs to be a bus that goes to the Trax. The Mayor noted the lack of ridership is against the community, and all people can do is attend the public hearings. 2. Appearances - Lowell C. Nelson Lowell C. Nelson inquired about the $5.4 million grant being awarded from CUP, and asked if this would reduce the length of time to repay the bond, and what the City plans to do with the funds. Mayor Adamson indicated the City hasn’t gone through the process on how the funds will be applied, but it will put the money into an interest bearing account up-front, before deciding how to use the funds. 3. Consent Calendar - Approval of Home Occupation and Business License for “Affordable Roofing” for Troy Raven -Set Public Hearing for Northwest Annexation Capital Facilities Plan - March 7, 2000; Set Public Hearing for Ordinance for Northwest Annexation Impact Fees - March 7, 2000 Motion: Gary Phillippi moved to approve the Consent Calendar. Motion was seconded by Jan Bunce. Gwyn Franson asked to remove from the motion the Home Occupation and Business License Approval for “Affordable Roofing.” Gary Phillippi moved to reconsider setting a public hearing for the Northwest Annexation Capital Facilities Plan for March 7, 2000; and a public hearing for Ordinance for Northwest Annexation Impact Fees for March 7, 2000. Jan Bunce accepted the amendment. Motion passed by unanimous vote. Discussion: Gwyn Franson noted the application for the business license for “Affordable Roofing” did not list a sales tax license number. Wini Jensen explained that often this information is not available to a new license applicant, and that generally an individual needs a City license before applying for a state license. This information was also verified by the applicant, Troy Raven. Motion: Gwyn Franson moved to approve the home occupation license, based on approval of the state license. Motion was seconded by Gary Phillippi, and passed by unanimous vote. 4. Final Approval of Lone Peak Village Shopping Center Subdivision Background: The Planning Commission granted Preliminary and Final Approval and recommended the City Council grant Final Approval to the Lone Peak Village Shopping Center Subdivision with the recommendation that the impact fees currently charged for residential subdivisions be waived for this commercial subdivision, as it is merely redefining pads. Discussion: Barry Edwards explained that the Planning Commission has been working on the Kohler’s expansion. It is creating lots which is represented with the building pad, parking, and an egress and ingress for the building. In the past this development was created by metes and bounds; however, it is the intent to approve it as a subdivision and the Planning Commission recommended approval, and recommended the developer pay the fees on parcels which are now being developed. Motion: Ron Jewett moved that final approval be granted for Lone Peak Village Shopping Center and that the impact fees be waived for those lots that are already developed, but not on the new pads. Motion was seconded by Jan Bunce, and passed by unanimous vote. 5. Granite B Annexation Background: A petition has been filed for Granite B Annexation, which is property to the north of the Granite Annexation, with approximately 26.9369 acres. This property is just north of the CPC property. It is suitable for residential development and it is anticipated that it would be developed under the open space overlay in the R-1-40 zone. Motion: Gary Phillippi moved to accept Granite B Annexation. Motion was seconded by Ron Jewett, and passed by unanimous vote. Discussion: Barry Edwards recommended the annexation come in as R-1-40, with the open space overlay of 1.5. Stephen Sowby expressed the desire that it be considered for annexation in the R-1-20 zone. Mayor Adamson indicated the City’s policy is to bring all property in as R-1-40. 6. Final Approval of High Valley Estates Subdivision Background: High Valley Estates is proposing 20 lots, ranging from 30,000 sq. ft. to 38,000 sq. ft. on 18.683 acres. This development is in the R-1-40 zone, and located at approximately 10200 North 6800 West. It proposes a trail easement along 6800 West, but the developer desires to eliminate the trail previously proposed through the development and along the east boundary line. The Planning Commission recommended the City Council grant Final Approval subject to the following: (1) Staff comments, (2) Delineation of a 14' fence easement along the boundaries of Lots 1, 3, 8, 11, 12, and 20, (3) Delineation of a trail easement on the north boundary of Lots 1, 2, 3, and 4, and along the west boundary of Lots 11 through 20, (4) Receipt and review of CC & R’s which contain a provision for open fencing and perpetuity regarding the west lot lines 11 through 20, (5) Developer install the sewer extending from the center line of 6750 West Street to the east as per City Engineer’s recommendation, which sewer line will be placed at the expense of the City, (6) Subject to resolution of piping or leaving open the Lehi Ditch along the west boundary. Discussion: The development of the property was addressed. It proposes a road down the middle, one lot having a triple frontage, and eight lots with double frontages. It was noted that there appeared to be no other solution. City Administrator, Barry Edwards, explained there is a 30' buffer between the property line and a 20' buffer between the property and back of curb, with a meandering sidewalk. He noted with the buffers, and the CC & R’s eliminating solid fencing on 6800 West, this should help the situation. The developer indicated the desire to save the trees, and in doing so, he wants to keep the ditch open. The issue of the ditch needs to be resolved with the Lehi Irrigation Company. The ditch will be moved to the east of the tree line. The fence line is actually 1' off the center line of 10250 North, and the issue will be corrected by the deed. Mayor Adamson inquired about the stub into Johnson’s property. It was explained that the developer has a trail easement and the Johnson property can participate with the trail. As to mitigation of the mink property, the developer has talked to Mr. Westwood and will be addressing lighting down low and planting of trees. Jan Bunce inquired concerning staff comments. Barry Edwards explained for the planning and placement of trails it is desired to have a 14' no fence easement around corner lots. Also, whether the sewer and water have the right cross-sections, relating to engineering comments, will be cleaned up as they go along. Ron Jewett inquired concerning the placement of the sewer line on lot 5 is being done at the expense of the City. Boyd Wilson explained when the sewer line was installed up 6800 West it was put in deep. This was so the City could provide sewer to the west on 10400 North; consequently the City opted to not serve the two existing homes at that point because of the anticipated development in this area. It is now necessary to run the sewer, pick up the two existing homes, and have the sewer stubbed in on the northeast corner of 10250 North as it will serve other property being proposed for development. Motion: Jan Bunce moved to grant Final Approval of High Valley Subdivision, subject to resolution of staff and Planning Commission comments as follows: (1) Delineation of a 14' fence easement along the boundaries of Lots 1, 3, 8, 11, 12, and 20, (2) Delineation of a trail easement on the north boundary of Lots 1, 2, 3, and 4, and along the west boundary of Lots 11 through 20, (3) Receipt and review of CC & R’s, which contain a provision for open fencing and perpetuity regarding the west lot lines 11 through 20, (4) Developer install the sewer extending from the center line of 6750 West Street to the east as per City Engineer’s recommendation, which sewer line will be placed at the expense of the City, (5) Subject to resolution of piping or leaving open the Lehi Ditch along the west boundary. Motion was seconded by Gwyn Franson, and passed by unanimous vote. 7. Neighborhood Meetings Discussion: In order to facilitate community involvement, Jan Bunce explained her interest to find a way to meet with City residents in neighborhood groups. In trying to find a way to do this, without placing added time burdens on Council Members, she recommended the following: 1) Divide the City into six areas, assign a Council Member to each area, and meet with the area one night per quarter from 8:00 until 9:30 p.m. on a City Council night. On those nights the City Council would be from 6:30 to 8:00 p.m., or 2) Meet on the 5th Tuesday of the month. The City Council discussed the matter. Gwyn Franson recommended going to the fifth Tuesday for the neighborhood meetings. It was noted if meetings are scheduled in school buildings there are charges. The suggestion was made to arrange for individuals to host the meetings. It was also recommended that the first meeting be planned for June. Mayor Adamson suggested dividing the city, for the purpose of making Council assignments, into four areas, in order to allow him to float. Mayor Adamson gave Gwyn Franson the assignment for the leadership on the meetings. Motion; Jan Bunce moved that City Council Meeting be taken on the road, and that the Mayor direct Gwyn Franson to do all the work to spearhead the neighborhood meeting projects. Motion was seconded by Ron Jewett, and passed by unanimous vote. Discussion: Gwyn Franson will come back with a plan by the end of March. 8. Ordinance Setting an Ending Time for City Council Meeting Background/Discussion: Jan Bunce recommended that the City Council adopt an ordinance to set an ending time for City Council meetings. Barry Edwards indicated he had requested that David Church prepare the ordinance, but it was not received in time for discussion in the meeting. Motion: Gwyn Franson moved to defer this agenda item until the ordinance is drafted. Motion was seconded by Gary Phillippi, and passed by unanimous vote. 9. Alpine Boundary Agreement to Amend Map Background: The City Council held a public hearing at it’s January 18, 2000 meeting to receive input from residents living in the County adjacent the Highland City and Alpine Boundaries as it pertains to a Boundary Agreement between Alpine and Highland Cities. Discussion: Mayor Adamson noted that the Mendenhalls were desirous of keeping their property all in one City. He also noted that Tyler Smith wanted to keep his property in the County, and this is acceptable. As to the status of the agreement with Alpine, Barry Edwards indicated that Alpine is waiting for Highland City to send them the boundary agreement. Motion: Gary Phillippi moved to authorize Mayor Adamson to sign the “Boundary Line Agreement” with Alpine City specifying a north-south boundary with findings that the Mendenhall property be left in Alpine. Motion was seconded by Jan Bunce, and passed by unanimous vote. 10. Miscellaneous Items A. Billboard on First Security Property. Mayor Adamson gave an update on the history of the billboard, which is located on the First Security property at the intersection of SR-92 and SR-84, and reported the City fought long and hard with Reagan to have the sign removed. Gary Riddle, of First Security, did all he could, even offering to purchase the sign, but Reagan did not want to loose exposure of the billboard site and didn’t enter into an agreement with First Security. It was decided, through the approval process for the Residential/Professional zone, that First Security will be put on notice when the contract for the sign is up and will not allow the lease for the sign to be renewed. There is a seven, or fourteen, year period that the lease was allowed. Mayor Adamson recommended that Barry Edwards contact Gary Riddle and make sure things are in place to terminate the renewal of the sign lease because there is only a 30-day window for the cancellation of the lease. It was also noted that improvements were made to the sign without a permit. The Mayor also suggested that the Council could speak their social conscience to those who are advertising on the sign. B. Flag Ceremony on President’s Day. Mayor Adamson reported on a request he received for the City to hold a flag raising ceremony for President’s Day, and that this will be handled by a scout troop. The Mayor requested that Barry Edwards work with a scout to get the light on the flag pole. He thought the wiring could be brought down the wall of the City Building, out of the facilities room, and felt it best to spotlight the flag from the bottom up. C. Governor’s GIFT Conference for Community Leaders. Mayor Adamson informed the Council of the telebroadcast at the American Fork High School, March 11, 2000, at 11:00 a.m. It is to fulfill Utah’s Promise of a healthy start for our children. D. Recognition of Shannon Babb. Mayor Adamson reported he had received a letter and press release concerning the recognition given to Shannon Babb for her volunteer service which is giving her a $1,000 reward and a trip to Washington, D.C. Shannon is the daughter of Dr. and Mrs. Steven Babb. E. Letter of Resignation from Brian Brunson. Mayor Adamson read the letter of resignation from Brian Brunson, as a member of the Planning Commission, and recognized his great service. The Mayor indicated he would go through the file of Planning Commission applications and make a recommendation, and asked for recommendations from anyone from the southwest area. 11. Public Hearing to Open the FY 1999-2000 Budget to Make Necessary Changes and Adoption of Ordinance No. 2000-2 Mayor Adamson opened, and closed, the public hearing on amendments to the budget for fiscal year 1999-2000, as there was no public comment. Barry Edwards reviewed the budget amendments. (A copy is attached to the minutes.) He noted the following: there should be $211,000 excess funds in the budget than what was anticipated; $9,000 salary and benefits adjustment was attributed to intern; General Fund accounts that had problems were examined; the open space taken from developers needs an accounting; court restitution is a pass through and needs a budget; $4,500 has been added in advance for the Highland Fling for the purchase of fireworks; Cultural Arts budget was over-budget; addition of $10,000 for street trees so tree committee can reforest the community; surplus of $110,000 put into capital improvement fund; the 10% retainage held from contractors needs to be expensed and held in a liability account until the projects are completed; need an expense account for 4800 West Road; adjusting sewer funds down; auditor lumps impact fees together and he has been notified to clarify since State Law requires the City to produce a report on an annual basis; there was a typographical error of $500,000 in interest earnings on pressurized irrigation. Mayor Adamson requested planning to work on the 2001 budget the first meeting in April, or no later than the second meeting in April. Mike Long reported the Shade Tree Committee has requested a separate budget for shade trees. Mayor Adamson noted $10,000 would go against the $15,000 commitment for trees. Motion: Gary Phillippi moved to approve Ordinance No. 2000-2 “Ordinance Amending FY 1999-2000 Annual Budget,” which includes $2,000 for trees. Motion was seconded by Jan Bunce, and passed by unanimous vote. 12. Modification to the Conditional Use Permit for Smith’s Background: Smith’s has checked with their corporate management and is agreeable to the conditions imposed by the City Council. It is their desire that Smith’s be afforded a level playing field with regard to other retailers in their similar class. It is their hope that the conditional use permit can be tied to specific ordinances and that all subsequent conditional use permits for competing retailers contain substantially the same language. The following conditions were reclarified: (1) that an asphalt concrete parking lot be allowed in lieu of a Portland cement parking lot provided that the landscaping on the subject master plan (Smith’s plus the additional pads) be at least 20% by area; (2) that the variable height landscape berm along SR # 92 average at least 48"; (3) that semi-truck delivery schedules be submitted to the City Council on an annual basis for Council approval; (4) that delivery trucks of goods and services to Smith’s not use 5600 West or the 5600 West access; (5) that the hours of retail operation shall be limited to 7 a.m. and 11 p.m.; (6) that there shall be no sales of beer, alcohol or liquor products; (7) that the applicant will submit an outdoor lighting plan which is not obtrusive to neighbors for City Council approval; (8) that no product will be stored, displayed or offered for sale on the outside of the building , such as salt bags, firewood, landscaping bark, nursery plants, and/or Christmas trees; (9) that the local store manager be required and authorized to meet periodically with the municipal police to discuss policing concerns and to implement actions designed to guarantee public safety, for example, post no loitering signs; (10) that retail operations will close one day of the week so area neighbors can “peacefully enjoy their property” and parents can enjoy the company of their children, as well as for those children who work for Smith’s; and (11) that the location of the pads outlined and attached to these conditions be approved, but not the usage or architecture; (12) that the applicant pay the impact fee for the Town Overlay Zone for all square footage approved in this action; (13) that the applicant and subsequent users/and or owners of approved pads be a members of the Town Center Business Association; (14) that room for a monument sign on the road be located; (15) that the approval is subject to submitting acceptable architectural elevations; (16) that the pads nor Smith’s parcel nor any portion thereof shall in any event be leased, subleased, operated or otherwise used for (a) the display, distribution or sale of any “adult” books, “adult” films including, but not limited to “X” and non-rated videos,“adult” periodicals or “adult” entertainment; (b) the establishment or maintenance of a massage parlor, “adult” theater, “adult” bookstore, “sex” shop, “peep show” or bawdy house or brothel; (17) that project be subject to Town Center Overlay Zone; (18) that if future legislative actions either in granting a conditional use permit or enacting legislation which would be more permissive than those of conditions 5,6,and 8 this conditional use would be modified accordingly. Discussion: Barry Edwards noted that both citizens and the developers have talked to him concerning the conditions placed on the Smith’s store and they want a similar playing field between all commercial developments, and it was felt some of the issues were vague. He further noted he had re-drafted the list of conditions approved by the Council in its February 1st meeting to include the information Smith’s used on explicit issues and added a number 18. He noted that the City Attorney, David Church, could write an ordinance stating that all businesses would be closed one day per week. Findings of fact having the businesses choose which day they would close would not ensure that neighbors could peacefully enjoy their property. It is necessary to have a common day of closing. Since all businesses in the Town Center currently close on Sunday, then Sunday should be the day of closing. He also recommended, on the proposed pads, that the impact fees would be paid by the developer, and not by Smith’s. He suggested taking out the monument sign and drive-through pharmacy. Discussion ensued. On items 1 and 7, Richard Mendenhall noted those items are defined in the Town Center Guidelines and would be approved with the architectural review committee at site plan approval. Mike Long felt on item 7 that the lighting needs to be more stringent as a protection to the neighbors. Barry Edwards indicated that the lighting is an integral part of the architectural review, but the City needs to be vigilant. As to the berms, the Council agreed to an average of 48". Discussion ensued relative to the trucking hours, and it was determined to get rid of the terminology “annual review”. The Council also addressed outside sales and agreed to the permitting of merchant association sponsored sidewalk sales. The Council were in agreement to leave “Sunday” as a common day for closing businesses, as well as to include number 10 as an exclusion on number 18. The Council agreed to the location of the pads outlined; that the conditions be approved, but not the usage or architecture. The drive-through pharmacy was approved, as was the monument sign. Ron Jewett requested he be involved with the architectural review. Jack Taylor inquired concerning the need for stop light in the area of the Smith’s store. The Mayor explained this would occur subject to warrant studies. Barry Edwards felt a light would be placed at the Town Center Boulevard and 11000 North. Mr. Taylor complimented Smith’s, Randy Paul, the City Administrator, and City Attorney for coming up with wording to meet the citizens’ needs, and for Smith’s willingness to comply. He felt the citizens are excited and will promote business at Smith’s. He applauded Smith’s efforts to close their business on Sunday. Motion: Mike Long moved to approve the following conditions for the conditional use permit for Smiths as follows:(1) that an asphalt concrete parking lot be allowed in lieu of a Portland cement parking lot provided that the landscaping on the subject master plan (Smith’s plus the additional pads) be at least 20% by area (as per architectural standards); (2) that the variable height landscape berm along SR # 92 average at least 48"; (3) that semi-truck delivery schedules be submitted to the City Council for Council approval; (4) that delivery trucks of goods and services to Smith’s not use 5600 West or the 5600 West access; (5) that the hours of retail operation shall be limited to 7 a.m. and 11 p.m.; (6) that there shall be no sale of beer, alcohol or liquor products ; (7) that the applicant will submit an outdoor lighting plan which is not obtrusive to neighbors for City Council approval (as per architectural standards); (8) that no product will be stored, displayed or offered for sale on the outside of the building , such as salt bags, firewood, landscaping bark, nursery plants, and/or Christmas trees, except for merchant association special sidewalk sales; (9) that the local store manager be required and authorized to meet periodically with the municipal police to discuss policing concerns and to implement actions designed to guarantee public safety; for example, post no loitering signs; (10) that retail operations will close Sunday so area neighbors can “peacefully enjoy their property” and parents can enjoy the company of their children, as well as for those children who work for Smith’s; and (11) that the location of the pads outlined and attached to these conditions be approved, but not the usage or architecture; (12) that the applicant pay the impact fee for the Town Overlay Zone for all square footage approved in this action; pads are not approved, and impact fees will be paid by the developer, and not by Smith’s; (13) that the applicant and subsequent users/and or owners of approved pads be a members of the Town Center Business Association; (14) that room for a monument sign on the road be located; (15) that the approval is subject to submitting acceptable architectural elevations; (16) that neither the pads, nor Smith’s parcel, nor any portion thereof shall in any event be leased, subleased, operated or otherwise used for (a) the display, distribution or sale of any “adult” books, “adult” films including, but not limited to, “X” and non-rated videos,“adult” periodicals or “adult” entertainment; (b) the establishment or maintenance of a massage parlor, “adult” theater, “adult” bookstore, “sex” shop, “peep show” or bawdy house or brothel; (17) that project be subject to Town Center Overlay Zone. (18) that if future legislative actions either in granting a conditional use permit or enacting legislation, which would be more permissive than those of conditions 5,6,8, and 10, this conditional use would be modified accordingly. Motion was seconded by Gary Phillippi, and passed by unanimous vote. Discussion: Mike Long suggested that the ordinance to be drafted by David Church be ready for adoption in three weeks at the next Council Meeting. 13. Executive Session Motion: Gary Phillippi moved to go into Executive Session for purposes of property acquisition. Motion was seconded by Gwyn Franson, and passed by unanimous vote. Gary Phillippi moved to adjourn from Executive Session. Motion was seconded by Ron Jewett, and passed by unanimous vote. 14. City Shop Location Discussion: Barry Edwards noted as the City expands, and as service delivery demands increase, the need for a permanent City Shop has arrived. The need to find a location is especially critical as property continues to develop and thereby reducing available ground. The City has set aside money in the last two budget years for city facilities. As the City continues to buy equipment for maintenance purposes, the useful life of that equipment will be prolonged if it is stored out of the elements. Motion: Gary Phillippi moved that staff be directed to determine availability, and approach owners about acquisition of property for a city shop. Motion was seconded by Ron Jewett, and passed by unanimous vote. 15. Adjournment Meeting adjourned at 9:50 p.m.