MINUTES HIGHLAND CITY COUNCIL MEETING Tuesday, September 7, 2010 Highland City Council Chambers, 5400 West Civic Center Drive, Highland, Utah 84003 PRESENT: Mayor Lynn V. Ritchie, conducting Councilmember Brian Braithwaite Councilmember Tom Butler Councilmember Larry Mendenhall Councilmember Kathryn Schramm Councilmember Scott L. Smith STAFF PRESENT: John Park, City Administrator Matt Shipp, Public Works Director Nathan Crane, Community Development Director Gina Peterson, City Recorder Kasey Wright, Legal Counsel Kip Botkin, Police Chief Lynn Ruff, Finance Director Jody Bates, Executive Secretary OTHERS: Matt Almond, Tommy Anderson, Braxton Lender, Landon Beutler, Bryce Almond, David Eastwood, Oakley Thacker, Bryce Thacker, Deyton Hansen, Andrew Starley, Ben King, Dallin Carrier, Caden Perez, Bryce Huntsman, Ryan Mickelson, Connor Larsen, and Melissa Wright. The meeting was called to order by Mayor Lynn V. Ritchie as a regular session at 7:02 p.m., and notice of the time, place, and agenda had been provided the Deseret News, Daily Herald, and Salt Lake Tribune, on September 2, 2010. The meeting agenda was posted on the Utah State Public Meeting Website at least 24 hours prior to the meeting. The prayer was offered by Kathryn Schramm, and those assembled were led in the Pledge of Allegiance by Bryce Almond from a local scout troop. Appearances Mayor Ritchie invited comments from the public regarding items not on the agenda. Local Boy Scout Bryce Almond indicated he is from the Dry Creek Bench subdivision. He expressed thanks to the City for installing new playground equipment in his neighborhood. He requested a public pool be constructed in Highland City so they don’t have to drive to American Fork City. PRESENTATIONS Highland City Youth Council Legacy Project (Agenda Item 2) Connor Wood, Highland City Youth Council, addressed the City Council regarding the Highland Youth Council Legacy Project. He noted this is a joint project being done with Devon Kinghorn as part of his Eagle Scout project. The Youth Council and Devon Kinghorn will install permanent flag holders around the City Hall and Town Center Park. He outlined the costs of the project, stating the City only has to fund purchase of the 25 flags for a total of $405.32. The other supplies and cement will be funded by Devon Kinghorn. He also noted the Highland City Youth Council will be responsible to put the flags up on various holidays. Kathryn Schramm expressed thanks and stated it is a wonderful project to be able to see the flag more on the holidays. ADJOURN TO A CLOSED EXECUTIVE SESSION MOTION: Kathryn Schramm moved to adjourn to a closed executive session for the purpose of discussing the sale of real property, pursuant to Section 52-4-205(1) of the Utah Code, Annotated. Scott Smith seconded the motion. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a unanimous vote. **The meeting recessed at 7:12 p.m.** EXECUTIVE SESSION – Purchase, Exchange, or Lease of Real Property An executive session was held at 7:13 p.m. for the purpose of discussing the sale of real property, pursuant to Section 52-4-205(1) of the Utah Code, Annotated. Those in attendance were: Mayor Lynn Ritchie, Councilmembers Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith; staff members John Park, Kasey Wright, Matt Shipp, Lynn Ruff, Gina Peterson, and Jody Bates. **The closed executive session adjourned at 7:46 p.m.** Mayor Ritchie introduced Nathan Crane as the new Community Development Director for Highland City. SCHEDULED ITEMS Ordinance 2010-15: Amending Chapter 3, Article 4.7 in the Highland City Development Code regarding the Town Center Overlay Zone (Agenda Item 5) On February 2, 2010 The City Council placed a moratorium on the Town Center Overlay Zone due to several concerns. The Planning Commission has recommended the City Council remove the residential use from the Town Center Commercial Retail District. The Planning Commission also recommended placing a cap on the total number of residential uses in the Town Center at 342 units which includes the 162 units of Toscana and limiting the density for any given project to 12 units per acre. On July 20, 2010 the City Council voted to eliminate any further residential development in the Town Center and lift the moratorium. On August 3, 2010 the City Council voted 3-2 to direct staff to keep the residential component of the ordinance in place as recommended by Planning Commission as well as keeping the architectural standards with a few minor changes. John Park reviewed additional changes proposed for the ordinance including an expansion of the required architectural styles and clarification on where building height is measured among other items. The Mayor led a detailed discussion on additional changes and clarifications desired by the City Council. Discussion from the City Council included the following: • Items regarding Farmer’s Markets and not requiring a business license or that vendors do not have to be from adjacent cities. It was noted that staff will return with a new temporary outdoor sales ordinance at a future meeting; • Allowing therapeutic massage in certain Town Center areas; • Clarification about on-street parking; • Better defining pedestrian elements and who owns/maintains them; • Definition of appeals. Any appeal to a Planning Commission decision will be heard by the City Council; • Use of the word “ordinance” and “code” throughout the document and if they were interchangeable; • Minor clarifications and spelling corrections as well as simplification of code references throughout the document by using “as contained herein”; • Whether or not to allow call centers in certain commercial areas of the City. Legal counsel indicated allowing call centers in some commercial areas but not others may present a legal issue. It was requested that the issue of call centers be addressed at a future meeting. Some indicated that call centers bring no economic value to the Town Center because the use does not generate sales tax. • General discussion on what to require for focal points and the changes that have already been made to that section. • Clarification on the Table 3-47A and changing some “not permitted” uses related to Senior Housing to “permitted” use. • Taking out the “no drive-thru” for financial institutions, so a drive through bank would be allowed. MOTION: Tom Butler moved to adopt Ordinance 2010-15: as presented and including changes discussed by the City Council this evening and incorporated into the minutes document as “Exhibit A”. Scott Smith seconded the motion. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a unanimous vote. ORDINANCE – Amending the Highland City Development Code Regarding Signs in Commercial Areas; Section 3-708: Wall Signs and Table 7-707A (Agenda Item 6) The Development Code currently limits the number and size of wall signs for one commercial business. Several businesses would like to have more than one sign on one wall and some businesses would like to use an entire window for advertising space while leaving others empty; the current ordinance limits a window sign to 25% of each window. City Administrator John Park indicated that the current sign ordinance is confusing. He suggested further review take place with Nathan Crane and the Planning Commission on the item. A general discussion about the issue took place by the City Council. There was some confusion about how much overall signage the new ordinance would allow. The City Council requested staff take pictures of buildings and show how the ordinance would affect signage on these buildings. It was also suggested that business owners look at the proposals for input. Planning Commission Chair Melissa Wright stated when this issue was first addressed by the Planning Commission they did look at pictures provided by Lonnie Crowell. She stated that while the decision on signage ratio was not very scientific, it seemed to be reasonable. MOTION: Brian Braithwaite moved to continue the ordinance amending the Development Code regarding signs in commercial areas to a future meeting where staff has time to get together additional information. Tom Butler seconded the motion. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a unanimous vote. MINUTES Minutes for the July 20, 2010 Regular City Council Meeting (Agenda Item 7) MOTION: Larry Mendenhall moved to approve the July 20, 2010 Regular City Council Meeting as amended and subject to the inclusion of a more definitive statement from the recording of the building use by Mr. Lance Bergen’s email as read by Councilmember Tom Butler. Scott Smith seconded the motion. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a unanimous vote. Minutes for the June 22, 2010 Special City Council Meeting (Agenda Item 8) MOTION: Brian Braithwaite moved to approve the June 22, 2010 Special City Council meeting as amended. Larry Mendenhall seconded the motion. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a unanimous vote. Minutes for the June 15, 2010 Regular City Council Meeting (Agenda Item 9) MOTION: Scott Smith moved to approve the minutes from June 15, 2010 as presented. Kathryn Schramm seconded. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a unanimous vote. Minutes for the August 17, 2010 Regular City Council Meeting Brian Braithwaite requested additional detail/clarification be added on his comments from the minutes recording on the redirection of traffic from 4800 West/North County Blvd (page 6). Discussion also took place about a comment included in the minutes from August 17, 2010 made by Larry Mendenhall where he stated the entire City Council agreed with his motion to withdraw the $4 million B&C road funds bond resolution. Kathryn Schramm indicated that the vote on that item from April 7, 2009 was actually a 3:2 vote with Larry Mendenhall, Kathryn Schramm, and Claudia Stillman voting in favor; and Brian Braithwaite and Brian Brunson voting against the motion. Larry Mendenhall commented that he was referring collectively to the City Council based on the majority vote. Kathryn Schramm stated she wanted the minutes to reflect that not all of the City Council voted in favor. The minutes were changed to state “The City Council agreed…” instead of “All of the City Council agreed…” MOTION: Larry Mendenhall moved to approve the minutes of August 17, 2010 as amended. Brian Braithwaite seconded the motion. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry Mendenhall, and Scott Smith. Those voting nay: Kathryn Schramm. The motion carried with a majority vote of 4:1 COMMUNICATION ITEMS John Park reviewed the contract with Utah County for the Murdock Connector project. The City Council has seen versions of this contract and it will be coming to the City Council at a future meeting. An appendix has been added to the contract that states what will be paid out of the $4 million and that no corridor preservation will come from those funds. Scott Smith noted this proposal assumes the road will go through the School and Institutional Trust Lands Administration (SITLA) property. He asked if approval for that right-of-way has been received. Mayor Ritchie indicated no. He also stated that the contract indicates if they give approval there will not be a fee charged. John Park indicated that the contract needs to include that if a fee is charged it will come out of a different budget than the $4 million. Mayor Ritchie stated he talked with former Mayor Jay Franson and did some research on the evolution of the $4 million for the project. The things stated by Scott Smith at the last meeting about different funding amounts were correct and there was confusion about whether the right-of-way was included in the $4 million. He noted as the project evolved, that was clarified and changed. Scott Smith agreed the $4 million has mutated and constantly meant different things. Tom Butler asked if there was a way to ensure total costs will not exceed $4 million. Mayor Ritchie stated that is not likely. The project started out being a 50/50 match and now it is a $4 million cap instead of a match. Due to favorable construction he believes that will be a moot point anyway. Much additional discussion took place on how to mitigate any additional costs. Scott Smith asked what would happen if SITLA does not cooperate on their land and the only option is to change the road configuration. John Park feels that because the contract says generally where the road is, including the width, sidewalk locations, etc, they will be locked into a certain plan. Kathryn Schramm requested other members of the City Council go back and do research on this issue. She noted that on September 16, 2009 the City Council reviewed an item titled “consideration and action on land use agreement for State of Utah for right of way”. She also noted other items that have been discussed. Mayor Ritchie indicated many of these items were done as part of the evolving discussion with the siphon. He requested the City Council move on since the agreement will come back to the City Council at a future meeting. INFORMATION Report – Timpanogos Special Service District – Brian Braithwaite (Agenda Item 12.1) Brian Braithwaite reviewed a picture presentation of the Timpanogos Special Service District redesign project. He detailed the new system in place to minimize the odor at the composting site. He showed pictures of other areas of construction. Current facilities under use are being pulled out so new facilities can be built. He likened the reconstruction to flying an airplane and taking the wings off in various parts but still flying the plane. He showed the new entrance to the facility. He noted the bid was awarded on November 12, 2009 in the amount of $60,723,000 and they believe the project will be completed by April 2013. The contractor is currently ahead of schedule but construction generally slows in the winter so the hope is the project will remain on schedule. COMMUNICATION ITEMS - Continued Scott Smith requested an update on the City’s website. Gina Peterson indicated the contract has been signed and the company anticipates a product completion in 3 to 4 months. John Park talked about the last meeting when Ms. Barron addressed fees associated with permits for the windmills. He noted an ordinance change will be forthcoming to address this issue and make it a permitted use. Kathryn Schramm clarified if a code amendment is passed making a wind turbine a permitted use on certain sized lots it would ensure Ms. Barron didn’t have to pay the $485 conditional use fee. John agreed that was the plan, based on meeting appropriate setbacks. She asked on what basis the building permit fees is figured for example if someone had a nine foot square pad. John Park stated it is based on how much it costs to build a building and valuation which comes from national standards. He stated it is usually much less than the actual cost. He stated some fees, such as plumbing, are a set price per unit. She clarified that Ms. Barron’s fee was just a base and Mr. Park agreed. .Kathryn Schramm asked if Ms. Barron would pay the same fee here as she would in New York State and Mr. Park said they would likely pay the same amount here as anywhere in the State of Utah. He stated it is based on the typical valuation of the entire structure based on region, so somewhere like California may be higher. John then detailed what the $245 building permit fee covers including soil test, structural design review, inspections, etc. Kathryn Schramm then asked about a company called “Noodle Storm” that matches students from various universities to cities to fix problems for free. She thought this might be a useful tool for the City. ADJOURNMENT Larry Mendenhall moved to adjourn. Brian Braithwaite seconded. The meeting adjourned at 10:23 p.m. Gina Peterson, City Recorder Date Approved: October 5, 2010 Attachments to these minutes: EXHIBIT A – Ordinance 2010-15: Town Center Overlay text, as amended by the City Council.