MINUTES OF HIGHLAND CITY COUNCIL Tuesday, March 7, 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: Roger Loeb, Marselle Brown, Kim Jensen, McKay Jensen, Susan Diamond, Mildred Dyer, Danna Nielsen, Lou Dell Nielsen, Megan Wallgren, Richard Mendenhall, Glen Vawdrey 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 March 3, 2000. The prayer was offered by Mayor Jess Adamson, and those present were led in the Pledge of Allegiance by Barry Edwards. Minutes of the meeting held February 15, 2000, were approved, as amended, by motion from Jan Bunce. Motion was seconded by Ron Jewett, and passed by unanimous vote. 1. Planning Commission Update Ron Jewett reported on the Planning Commission Meeting held February 22, 2000, noting it was a work session wherein David Church reported on conditional use permits, and assisted living facilities. 2. Approval of Home Occupation and Business Licenses for “Health-Med-2 and IDA,” Holidays in a Bag, and “The Mar Tech Group” Motion: Ron Jewett moved approval of the home occupation and business licenses for “Health Med 2 and IDA” for Ronald E. Guyman, “Holidays in a Bag” for Susan Diamond, and “The Mar Tech Group” for Roger Loeb. Motion was seconded by Gwyn Franson, and passed by unanimous vote. 3. Home Occupation and Business License for Marsell Brown for “Nail Technician Manicurist” Discussion: It was noted on Marsell Brown’s application that she had listed having 12 visitors per week at her home, and it was clarified that she would only have one customer at a time. Mrs. Brown indicated that was acceptable. Motion: Gary Phillippi moved approval of the business license for Marsell Brown for “Nail Technician Manicurist.” Motion was seconded by Gwyn Franson, and passed by unanimous vote. 4. Appointment of Alternate Member of Planning Commission Mayor Adamson noted that Brian Brunson had resigned from the Planning Commission. He recommended the appointment of Vern Hancock. Motion: Gwyn Franson moved approval of Vern Hancock as an alternate member of the Planning Commission. Motion was seconded by Gary Phillippi, and passed by unanimous vote. 5. Resolution No. 2000-7, “Setting an Ending Time for City Council Meetings” Background: Jan Bunce recommended the City Council adopt an ordinance to set an ending time for City Council meetings. Motion: Gary Phillippi moved to adopt Resolution No. 2000-7 “Resolution Limiting the Length of Meetings.” Motion was seconded by Jan Bunce, and passed by unanimous vote. 6. Adoption of Resolution No. 2000-8, “A Resolution of the Governing Body of Highland City Finding that the Annexation of Only a Portion of an Island of Unincorporated Land Within Highland City is in the Best Interest of the City” Background: The Amendment to the Articles of Incorporation was previously adopted by the Council for the Granite Annexation and the plat was taken to the County to be recorded. The County held off recording the plat. Letters from the County have been received on this issue, and the issue has now been resolved. (See attached letters.) Discussion: Barry Edwards explained that the property that is being left as an island in the County is owned by Mr. Spurlino. This property was not included in the Granite A Annexation because the property owner didn’t apply for annexation. This requires the Council to adopt a resolution that leaving a portion of an island of unincorporated property is in the City’s best interest. Motion: Gwyn Franson moved approval of Resolution 2000-8, “Resolution of the Governing Body of Highland City Finding that the Annexation of Only a Portion of an Island of Unincorporated Land Within Highland City is in the Best Interest of the City,” subject to findings from County Commissioner Jerry Grover and County Engineer Clyde Naylor. Motion was seconded by Mike Long, and passed by unanimous vote. 7. Adoption of Ordinance No. 2000-9, “Ordinance Establishing Additional Regulation for Certain Businesses Licensed and Conducting Business within Highland City” Background: As a result of a discussion in a subsequent City Council Meeting concerning Smith’s conditional use, certain community values were evidenced. It seemed that there was some consensus amongst the community that retail operations are appropriate provided certain conditions are met. Smith’s was conditioned with these restrictions, and has indicated some willingness to abide by them. However, in order to create a level playing field for all like retailers and to add criminal sanctions to violations, changes were proposed to the municipal code. Discussion: The City Administrator explained that the proposed ordinance would limit the hours of operation, outdoor sales, beer sales, and days that retail businesses can be open. Discussion addressed the affects of the ordinance to home occupation businesses. Barry Edwards recommended adding to the public safety issue that the hours of operation would contribute to reducing the amount of coverage by the police. Ron Jewett suggested adding to number 6, “ promote public safety and reduce crime.” Motion: Gwyn Franson moved to adopt Ordinance No. 2000-9, with the inclusion on line 6 to state “to promote public safety in the community and prevent crime,” and also make an additional findings of fact on number 13 “based on promoting the family values of the community.” (Gwyn Franson commented that she wanted to talk to David Church on the rationale on home occupations.) Motion was seconded by Gary Phillippi. Ron Jewett requested an amendment to include “keeping with family values” on number 9. Gwyn Franson and Gary Phillippi accepted the amendment. Motion passed by unanimous vote. 8. Jonsson Addition Annexation Background: Dan Sorensen has filed a petition for the annexation of the Lawrence and Marie Jonsson property, which comprises 142.5 acres, and is located on the west side of Highland, south of Micron. The City Council needs to accept or reject the petition, or send it to the Planning Commission for a recommendation. Discussion: Barry Edwards reviewed the annexation petition for the Jonsson property, and suggested including the debris basin, as part of the annexation, with the understanding that there would be an agreement with Lehi City to work out an arrangement wherein Highland City would remove the development rights and deed Lehi City the property under a conservation easement. He noted that Lehi City officials feel comfortable with this proposed arrangement. Consequently, the developer will resubmit the annexation petition to include the debris basin. Barry Edwards indicated the debris basin property would be included as open space easement for the Jonsson property development, it could be a shared park for Lehi and Highland, and Lehi has agreed to maintain the property. Barry indicated the City would place a reversionary clause on the plat that if it isn’t used as open space it would revert back to Highland so it will stay permanent open space. Mayor Adamson noted that Highland City is looking at locating a stilling basin on the property for the pressurized irrigation system. Motion: Jan Bunce moved to refer the Jonsson Annexation petition, with the debris basin change, to the Planning Commission. Motion was seconded by Ron Jewett, and passed by unanimous vote. 9. Request for Enrichment Grant Funds Background: The Pleasant Grove American Legion Auxiliary has requested funds to sponsor juniors from Lone Peak High School to attend Girls State and Boys State. Last year the Highland City Council approved the contribution of $200 from the Enrichment Grant funds, and placed the stipulation that the funds be used for a Highland resident. Discussion: Mayor Adamson reported the City has allocated $1,000 per year as enrichment grant funds. He noted this is the third year that Highland City has sponsored residents to attend Boys State and Girls State. He explained that last year $400 was authorized, but only $200 was used. The Council discussed asking the recipients of the funds to come back to the Council and make a report. Motion: Mike Long moved to approve $200 per student, for a total of $400, for Girls and Boys State, based on the rationale that the City is training future leaders, and have the students come back to the Council and make a report of their training. Mike Long amended the motion to expend $400, with a maximum of $200 per student going only toward Highland residents, and if more applied then the money would be disbursed at $100 per person, if four individuals applied. Motion was seconded by Jan Bunce, and passed by unanimous vote. 10. Follow-up The list of follow-up items was reviewed, with the following discussion. 1. Relative to the dump passes, it was determined that the three passes per family could be used any time during the year. 2. Mike Long distributed to the Council samples of home pages. 3. Barry Edwards reported that the lights on SR-92 are being established, and that the light went up on 5600 West. Mayor Adamson requested that Barry Edwards look into seeing that street lights are installed in the subdivisions which do not have them. Mike Long reported that the light west of Kohler’s is out. Barry Edwards explained that the developer will be coming in for a conditional use permit on those lights. 4. Mike Long reported that the Shade Tree Committee has a street tree plan and tree ordinance ready to go first to the Planning Commission, and then to the City Council. He reported that Arbor Day is being planned. Also, there is a plan to get an individual to identify trees within the City, and then have a web page that shows pictures of trees and their location within the City so individuals can go to a specific location to view the tree. 5. It was reported that Bluffdale is asking if Highland City wants to join in their lawsuit as it deals with the affordable housing zoning issue. Barry Edwards will send to the Council the letter from Bluffdale, when he receives it. 6. Mayor Adamson gave an update on the 4800 West sewer line and the issues the Timp District has with funding a new line. It was suggested that Boyd Wilson work with Pleasant Grove City, and then go to the Timp Special Service District with an alignment for the sewer line. 11. Public Hearing for Purposes of Amending Section 5-8-112, “Water Rights to be Conveyed” in the Highland City Development Code. The changes will increase the value of the Provo Reservoir Water Users Full Season from 3.5 a.f. to 4.0 a.f. yield per acre, and decrease the value of American Fork Irrigation from 2.6 to 2.0 a.f. yield per acre. An additional change states that surface and underground water rights are approved by the City Council. Mayor Adamson opened the public hearing for comment. Mildred Richards Dyer read a statement appealing to the Council concerning an extension of time on the change in the value of the American Fork Irrigation water right since the Dyers have negotiated a sale of their property based on the 2.6 a.f. value per 1 share of American Fork Irrigation. (A copy of her statement is attached to the minutes.). Richard Mendenhall inquired about the values of Pleasant Grove Water. Barry Edwards explained that the City Council can accept Pleasant Grove water if it was originally on the ground, but it isn’t listed in the Development Code as a water right. Barry Edwards felt there is some rationale for setting a date for the effectiveness of the water value, and suggested the City Council could set an effective date which would allow individuals to come in and commit their water to the city and lease it back for irrigation purposes. Mark Thompson inquired why Highland City wants Provo water more than American Fork Water since American Fork water can be diverted into the reservoir. Barry Edwards explained that the City needs more water later in the season, which is what is needed through the Provo Water shares. Mayor Adamson closed the public hearing. Discussion ensued. 12. Public Hearing for Purposes of Amending Section 5-4-406b, “Density Open Space Bonus and Application Process,” in the Highland City Development Code. Mayor Adamson opened and then closed the public hearing. Barry Edwards discussed the rationale for reducing the open space provision from 50% to 35%, and noted the Development Code amendment outlines how to process an application. Mayor Adamson reopened the public hearing for comments. Steven King recommended before changing the densities that we look at what we have on the books to see if it is working well, and then go from there. He indicated he wasn’t sure we wanted to reduce the open space further, and suggested waiting to demonstrate what the open space policy is going to do. He would like to see it before changing the law. Jan Bunce explained there were a couple of plans that came in and they were better under the 35% density, than the50%. Melissa Wright indicated the desire to slow the process down in order to see how the bonus density provision is developed. If it looks good, then pursue it. Bill Souvall indicated he has a 76 acre subdivision that has been approved based on 2.5 acre density and the average lot is 6,500 sq. ft., with some lots smaller. It creates nice open space, but the homes are small and close together, and it means five lots on an acre. He presented a drawing with 35% open space and explained it allows for lots to be more variable in size, and it is easier to locate a bigger home and have more diversification. Thaylia Taylor inquired about the advantages to Highland City for the amendment to the open space provision, and asked who pays for and maintains the open space. Mayor Adamson explained the open space would be developer borne and established in the CC &R’s. Mark Thompson noted that Cottages on the Green has the clustering concept, but noted the lots are small and there is a percentage of the lots that have needed variances. He noted that parking is lost and asked if homes are going to be close together. He felt the fire load would be affected. He indicated he is in favor of building on smaller lots and putting the property in parks, instead of common areas. Roger Loeb stated he moved to Highland to get away from the more dense development. He indicated he liked the way the 35% density looks, but noted that the open space ends up being hidden by the houses. He stated he came here because of the big lots, big trees, and nice people. He stated that what makes people nice is that they are far apart from each other and when the barking dog is far enough away it makes a nice neighborhood. He stated he was nervous about Highland moving towards more dense housing, and stated his experience in seeing Boulder, Colorado become overgrown with these developments, and he doesn’t want to see that happen here. Therron Stoddard stated he moved from Orem because of the larger lots. He noted there is an impetus and push for high density development all over the Wasatch Front in the future. He wants to see Highland stay more traditional with larger lots and homes and let the tighter housing be in the Salt Lake Valley. He felt by having smaller homes you aren’t going to have the larger traditional families, and he is interested in a traditional lifestyle for his family and himself. He stated he had understood there were eight of the clustered developments in the process, and he felt it is awfully fast to move to this type of development all at once. He felt Highland should try just one and see how it goes and then this would give the people in the community the opportunity to evaluate. He felt that smaller lots equate to smaller homes. Jack Taylor explained he had previously lived in Irvine, California and it was a nice planned community, but because of the way it was planned they made it so attractive that it has raised the value of the land. He was not entirely opposed to a well planned development, but had concerns. He noted his family moved here because of the large lots and openness. He felt the lack of openness affects family values. He didn’t agree with the premise that open space goes with smaller lots, and didn’t think the public benefits as much as the developers with more lots in a smaller area. He felt people are moving here because of family values and they need more land and open space. He asked if a study had been done on the potential average value of homes on each lot, and what kind of buyers are going to come in. Bill Souvall noted an average sale would be $225,000 to $250,000 for 1,800 sq. ft., which is based on 35% open space, but with 50% the homes would be 14,000 sq. ft., and the price of the home would go down. Mr. Taylor inquired if they would be model homes? Mr. Souvall indicated there would be five or six typical models, with modifications. Mr. Taylor inquired if the same openness can be achieved with one-half acre lots. Mayor Adamson explained that the viewshed is preserved. Mr. Taylor inquired what the setbacks will be between houses, and it was noted it will be 15' on the side and 25' from the front. Ann Sward Hansen stated the proposal is good for the developer, and asked if the rationale is going to create open space? She noted concerns for the maintenance of open space since the burden goes to homeowners associations and that doesn’t work out since getting fees is difficult and a burden. She asked what precedence it sets with home owners who have larger acres in terms of their real estates values, and was suspect of what could happen. She noted in Connecticut and Vermont it worked with trails and woods, but they are in areas with considerable rainfall, but here it is a desert and someone is going to need to water the open space. She also had a concern for the proximity of homes, and asked if the Council would have a moritorium or an experimental period to allow a few developments to see if they are desirable. She asked if Highland is really achieving the rationale for open space? Glen Vawdrey, a member of the Planning Commission, reported this had been studied a long time, but noted that people aren’t getting a clear concept of clustering. He noted the City had on the books a clustering ordinance, but developers didn’t want to use it. The bonus density ordinance can give a developer 40% bonus, and will give 50% open space, which means 1.5 dwellings per acre if they leave 50% in open space. It was felt the City could have 1/3 acre lots and still have open space. Presently there are six subdivisions that have come in with the bonus density proposal. Not all developers want this option, and this is a mix the City would like. He explained the process wherein a landscape architect is hired by the developer to help decide what the development would look like. Mr. Vawdrey favors 35% open space, and still has the full open space bonus, if the development qualifies. Mayor Adamson explained the City still has the R-1-40 ordinance and it gives the developer an option. He explained one of the reasons the bonus density proposal came about was because Lehi and Draper were being aggressive and the City needed to give an incentive for people to annex to Highland. He was favorable to amending the ordinance to have larger lots with 35% open space. He explained the properties in the Northwest Annexation applied for annexation more than a year ago, and Highland has to determine whether to accept the annexation. Ruth LeBaron inquired whether the City is beyond the point that this type of development can be disallowed? Mayor Adamson noted there are six developments coming in with 50% open space with lots averaging 2/3 of an acre, and he compared the developments to Cottages on the Green. Mrs. LeBaron stated she grew up in Bountiful and saw people sell off parts of lots and asked about safeguarding for further development. Mayor Adamson explained the subdivisions would be developed in perpetuity, wherein no further subdivision of property would be allowed. Mrs. LeBaron was agreeable to allow 35% open space and larger lots. Don Siggard explained he built his home on a 15,000 sq. ft. lot, and now that he is older it is too big and too much work, and he would like to trade his 15,000 sq. ft. lot for a 10,000 sq. ft. lot. He felt others would also like these options. Melissa Wright inquired as to what the Council can do legally to say “let’s try it and see, and let’s wait before we go for any more of these?” Mayor Adamson indicated the City has some developments in process and hopefully will soon get a visual picture and can take a look at it. He noted that Highland is known for, and is trying to preserve, open space. 13. Public Hearing for Purpose of Discussing a Northwest Annexation Capital Facilities Plan and Public Hearing for Purpose of Discussing Ordinances for the Northwest Annexation Impact Fees. Barry Edwards explained the purpose for the Northwest Annexation Capital Facilities Plan and the need for assessing Capital Facilities Impact Fees. He explained there is an amount of property that has come in under forced annexation wherein the annexation fees would not be paid. This fee is in lieu of the annexation fee and levels the playing field wherein all developments end up paying the same fee. Mayor Adamson opened the public hearings. Richard Mendenhall inquired concerning the status of the impact fee. Barry Edwards noted the fee was established some months ago and the impact fee can be imposed per Section 11-35-201, UCA, and is for those areas that is part of the City that was forced in which didn’t pay the annexation fee. This fee will be imposed at subdivision approval. He further explained the standard impact fees (roads, sewer, pressurized irrigation, and parks) are in addition to this fee. Richard Mendenhall felt the property should pay the fees. He was desirous of discussing zoning on the water issue. He indicated that some sewer will go down 6000 West and some will go through the lift station. He felt fees should be allocated on the zone. Barry Edwards indicated even though there is capacity, the property didn’t pay for it and the impact fee assesses it back to the developer and is paid for by those who use it. Mayor Adamson closed the public hearings. 15. Resolution No. 2000-9, “Resolution Approving the Northwest Annexation Capital Facilities Plan” Background: The City Council adopted an annexation fee for all property in the Northwest Annexation Area. This fee only applies to property annexed on a voluntary basis. Property which is forced in as part of a larger annexation would not have to pay the annexation fee. The purpose of the Capital Facilities Plan is to specify what improvements are needed to service that area. The plan corresponds to the improvements that act as the basis for the annexation fee. A capital facilities plan is required before an impact fee can be assessed. Motion: Gwyn Franson moved to approve Resolution No. 2000-9, “A Resolution of the Governing Body of the City of Highland Adopting a Northwest Annexation Capital Facilities Plan.” Motion was seconded by Gary Phillippi. (It was noted that the spread sheet would be amended.) Motion passed by unanimous vote. 16. Adoption of Ordinance Nos. 2000-5, 2000-6, 2000-7, 2000-8, “Ordinances Adopting the Northwest Annexation Impact Fees for Culinary Water, Roads, Sewer, and Pressurized Irrigation” Background: The Northwest Annexation Impact Fees are necessary in order to equitably assess the costs associated with development in that area. The fees would be assessed at subdivision recordation at an amount of $2,245 per lot. For those parcels which pay the annexation fee, the annexation impact fees would not be collected. Discussion: Mayor Adamson suggested holding the public input open for two weeks on the Northwest Annexation Impact Fees. Gwyn Franson inquired about the culinary water impact fee, and Barry Edwards noted that it is to ensure the developer has culinary water upon developing, and if the Highland Water Company can’t do it the City would have the money to go ahead and do it. Motion: Gwyn Franson moved to continue public comment on the Northwest Annexation Impact Fees for culinary water, roads, sewer, and pressurized irrigation for two weeks, and have the item on the next agenda for action. Motion was seconded by Jan Bunce, and passed by unanimous vote. 17. Adoption of Ordinance No. 2000-3, “Ordinance Amending Section 5-8-112, “Water Rights to be Conveyed in Highland City Development Code” Background: The changes proposed in Section 5-8-112, of the Development Code, will increase the value of the Provo Reservoir Water Users Full Season from 3.5 a.f. to 4.0 a.f. yield per acre, and decrease the value of American Fork Irrigation from 2.6 to 2.0 a.f. yield per acre. An additional change states that surface and underground water rights are approved by the City Council. Discussion: Barry Edwards recommended putting an effective date on the water rates, and suggested raising the Provo Water Users Full to 4.0 immediately, and delaying the American Fork Irrigation Water rate to another date. Motion: Jan Bunce moved to adopt Ordinance 2000-3, “Ordinance Amending Section 5-8-112 (1)(b) Minutes of Highland City Council 8 Tuesday, March 7, 2000 Water Rights to be Conveyed to Highland City in Highland City Development Code,” by increasing the Provo Full yield to 4.0 immediately, and change the American Fork Irrigation yield to 2.0 in six months. Motion was seconded by Ron Jewett. Motion passed by unanimous vote. 18. Adoption of Ordinance No. 2000-4, “Ordinance Amending Section 5-4-406b, “Density Open Space Bonus and Application Process” in the Highland City Development Code Discussion: Mike Long expressed concern for the maintenance of the open space that is being allowed through the Density Open Space Options. Discussion ensued. Ron Jewett inquired about slowing the process down for the bonus density subdivision options in order to give time to wait and see how those which have already been approved, turn out. Barry Edwards suggested putting the issue on the next agenda for discussion. The Council recommended changing the words “and then” on D to “that.” Motion: Jan Bunce moved to adopt Ordinance No. 2000-4, “An Ordinance Amending Section 5-4-406(b) (12) and Repealing Section 5-4-408, and Readopting Section 5-4-408 of the Highland City Development Code.” Motion was seconded by Mike Long, and passed by unanimous vote. 19. Extension of Meeting Time Motion: Jan Bunce moved to extend the meeting to 10:15 p.m. Motion was seconded by Gwyn Franson, and it passed by unanimous vote. 10. Adjournment Meeting adjourned at 10:15 p.m.