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MINUTES OF THE
VINEYARD TOWN COUNCIL MEETING
Vineyard Town Hall, 240 East Gammon Road, Vineyard, Utah
July 22, 2009, 7:02 PM
PRESENT: ABSENT:
Mayor Pro Tempore Grant Holdaway Mayor Randy Farnworth
Councilmember Sean Fernandez Councilmember Norman Holdaway
Councilmember Nathan Riley
Staff Present: Attorney David Church, Planner Nathan Crane, Planning Administrator & Development Coordinator Melinda Manley, Engineer Don Overson and Town Clerk/Recorder Dan Wright
Others Attending:
The Vineyard Town Council held a regular meeting on July 22, 2009, starting at 7:02 PM in the Vineyard Town hall. The prayer was offered by Councilmember Sean Fernandez.
Regular Session; 7:02 PM
Minutes
COUNCILMEMBER SEAN FERNANDEZ MOVED TO APPROVE THE MINUTES OF JUNE 10, 2009, AS WRITTEN. COUNCILMEMBER NATHAN RILEY SECONDED THE MOTION. ALL WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH AND COUNCILMEMBER NORM HOLDAWAY WERE ABSENT FROM THE MOTION. THE MOTION CARRIED.
COUNCILMEMBER SEAN FERNANDEZ MOVED TO APPROVE THE MINUTES OF JUNE 24, 2009, AS WRITTEN. COUNCILMEMBER NATHAN RILEY SECONDED THE MOTION. ALL WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH AND COUNCILMEMBER NORM HOLDAWAY WERE ABSENT FROM THE MOTION. THE MOTION CARRIED.
Planning Commission Update: Liaison Norm Holdaway
Staff Reports
Planner Nathan Crane reported that a subdivision code amendment would be proposed on August 12, 2009. He believed the amendment would reduce the time required for the subdivision plat approval process.
He stated that he and Engineer Don Overson met with Resident Robert Holdaway to discuss the subdivision of Mr. Holdaway’s property. He said the minimum lot size could be met, but not the minimum lot width. Planner Nathan Crane explained how Mr. Holdaway’s property would be subdivided. He had not yet discussed the installation of improvements on Robert Holdaway’s section of Holdaway Road.
Councilmember Sean Fernandez stated that he was frustrated with the management of the Wayne Holdaway subdivision. He felt the setback requirement had been insufficient. He stated that the driveway adjacent to his property was being built out past the right of way line because the builder was not required to improve their section of road. He felt it would be acceptable at the present time, but pedestrian sidewalks and new asphalt would need to be laid in the future. Mayor Pro Tempore Grant Holdaway felt it would be important to bring up these issues with developers at the beginning of the subdivision process. Councilmember Nathan Riley wondered how the town would fairly require Resident Jeff Holdaway to remove the section of driveway currently being poured into the right of way. Engineer Don Overson said Building Official Doug Bezzant should address the placement and length of Jeff Holdaway’s driveway. Councilmember Sean Fernandez felt very impacted by the construction across the street from his home. Attorney David Church felt it would be crucial to defend the town’s right of way. Town Clerk/Recorder Dan Wright said the town could ask the building official to inspect the installation of the driveway; he could require the driveway to be kept out of the right of way. Mayor Pro Tempore Grant Holdaway felt it needed to be addressed before the driveway was installed, and hoped the road improvement section could also be installed. The council agreed. Councilmember Sean Fernandez felt it was the council’s responsibility to make sure such things didn’t happen in the future.
Planner Nathan Crane said that Lakeside Power Plant Phase 2 was moving forward, but the project would be run by PacifiCorp rather than Robert Looper of Summit Vineyard.
Planner Nathan Crane reported that staff had to be sure the right figures had been used to calculate the Master Reimbursement Agreement in the Homesteads Development. He and Engineer Don Overson had preliminary conversations with Anderson Development and hoped to get the thoughts of the council regarding those discussions. Mayor Pro Tempore Grant Holdaway wondered if Anderson Development would petition for reduced impact fees similar to what had been approved for the Lakes at Sleepy Ridge development. Planner Nathan Crane confirmed the request was anticipated. He said the goal in reducing fees would not be to alleviate any builder’s responsibility in the installation of infrastructure and repayment of financial obligations. He stated that Gerald Anderson informed him of Anderson Development’s default status with the Bank of Nebraska for the Homesteads development. He was unsure of the actual standing of Anderson Development’s loan with the bank.
Planner Nathan Crane reported that there had been a meeting with Anderson Geneva, Vineyard Town and the Utah County Commissioners. He stated that Anderson Geneva said they would be willing to let the town run the redevelopment (RDA) of the former Geneva Steel site under certain conditions, as follows: Utah County would provide administrative functions of the RDA for the first 5 years, Utah County would provide economic development assistance, Utah County would issue the bonds, and Utah County would be in charge of and administer all Special Assessment Areas. At the end of the five year period the Town would then be responsible for the administration of the RDA if Vineyard hired a full time city manager, a full time economic development director, and if Vineyard would enter into a development agreement with Anderson-Geneva to ensure that they could develop the property in accordance with the existing General Plan. Anderson-Geneva proposed that the RDA fund the City Manager and Economic Development Director positions.
Attorney David Church and Planner Nathan Crane had several concerns regarding the conditions. Planner Nathan Crane said there would be additional meetings where the RDA would be discussed further. County Commission staff said they would be willing to issue the bonds, but were concerned with conditions of RDA assistance and economic development assistance. Attorney David Church said Anderson Geneva offered no alternative if the town didn’t conform to the conditions. Councilmember Sean Fernandez wondered if it would be better to allow the county to run the RDA. Attorney David Church said many of the issues with Andersons may be resolved if the county ran the RDA. He said the advantages to allowing Vineyard to run the RDA would be that Vineyard could decide where tax increment financing could be spent and which projects would be attended to. He said that tax increment financing could be used to fund bonds for the RDA. Planner Nathan Crane said that with the current proposal, for the first ten years of the project, the majority of the RDA funding would be used to provide infrastructure with a small percentage to be used for remediation and business incentives. After the initial ten years, monies would be increased for incentives and remediation. He also explained the proposed phasing where infrastructure improvements would begin in the “triangle” portion south of Center Street. Councilmember Nathan Riley was concerned that the town would be permitted to run the RDA with very heavy oversight by Anderson Development. He felt it was interesting that the Utah County Attorney saw no advantage to the county running the RDA other than funding the bonds. Planner Nathan Crane said that the county stated in the past that they would have to hire staff to run the RDA. Councilmember Nathan Riley felt there wasn’t a huge advantage to Utah County running the RDA.
Engineer Don Overson reported that The Shores hired someone to do their weed cutting, and that contractor also mowed down the utility markers.
He had a conversation with the Army Corps of Engineers regarding the wetlands on Gammon Road/Center Street. He said the representative from the Army Corps volunteered to send a notice of violation to Anderson Development. He said the clock on the wetlands issue would begin upon the issue of that notice, and if it was not handled within the allotted time, the town would eventually be pulled into a judicial dispute. Councilmember Nathan Riley wasn’t sure he was in favor of that letter being issued, but felt the wetlands issue may be resolved when Anderson Development chose to develop the LaCheminant property. Engineer Don Overson said the funds for the wetlands mitigation had been tied up with Anderson Homestead’s lender. He said the lender needed to agree to move forward and allow the town to mitigate the wetlands. Attorney David Church felt Gerald Anderson may be willing to exchange obligations when he made his proposal to amend the Homesteads Development Agreement. Planner Nathan Crane said Anderson Development would ultimately pay for the mitigation of the Gammon Road/Center Street wetlands. Attorney David Church said the town should not be the party to initiate the mitigation process. Engineer Don Overson reported that $20,000 would be required to finish the mitigation plan, and $30,000 would be required to finish the actual work which would equal $50,000. He said there were 2.3 acres that would be excavated 2 - 3 feet to become wetlands.
Councilmember Nathan Riley asked about the negotiation to purchase The Shores development from Farr West Bank that Developer Sterling Barnes attempted. Town Clerk/Recorder Dan Wright said Mr. Barnes was the highest bidder, but the bank was waiting for someone to outbid him.
Councilmember Sean Fernandez asked Engineer Don Overson about the water valve at the bend on Holdaway Road. Engineer Don Overson felt concrete blocks to prohibit traffic may be a better alternative than the existing jersey barrier. Councilmember Sean Fernandez felt that damage to the current barrier would be expensive to repair.
Councilmember Grant Holdaway was amazed that the $7,000 barrier couldn’t prohibit traffic on Gammon Road/Center Street and hoped for a better solution. Town Clerk/Recorder Dan Wright said he purchased a new padlock to replace the padlock that had been cut.
Attorney David Church reported that Engineer Don Overson and Planner Nathan Crane had done an excellent job recalculating impact fees for the Lakes at Sleepy Ridge development. He said the impact fee for 400 South improvements could be included in the fee recalculation. Engineer Don Overson said the fee came to approximately $11,000. Engineer Don Overson said he would meet with Developer Joe Brown tomorrow to get the development out of warranty, and that money would be used to build model homes. Councilmember Nathan Riley felt seeing and spotting the areas on the warranty list would be difficult to notice through the weeds. Engineer Don Overson felt it would not be a big issue. He said the town would be required to take care of weed removal in the park strips. He felt Mr. Brown would remove weeds in the Lakes at Sleepy Ridge in order to attract potential home builders.
UTAH DEPARTMENT OF TRANSPORTATION (UDOT) GENEVA ROAD/400 SOUTH PROJECT
Engineer Don Overson said the three items that needed to be resolved regarding the UDOT Geneva Road/400 South project were financing, landscaping, and signing the betterment agreement. He reviewed the landscaping plans with the council. Mayor Pro Tempore Grant Holdaway confirmed that a small area of land would be taken on 400 South to the south to accommodate a retaining wall and sod. He also confirmed that all of the sod would be raised to accommodate the raising of the intersection. He reported that a gap would be created between Clegg’s Auto Shop where a detention pond would be installed. Councilmember Sean Fernandez wondered if rock mulch would not be an increased cost from the sod turf and Engineer Don Overson confirmed that the cost would be the same. Engineer Don Overson said trees and bushes would be an additional cost. He said all bids included irrigation. He said an intersection would be created just west of Orem’s Center Street to accommodate a future crossing onto the current Geneva property. Councilmember Sean Fernandez liked the idea of keeping sod turf over by the school and doing rock mulch by the businesses. Councilmember Nathan Riley felt rocks of any kind should be kept away from the Elementary School. He said he would like rock in the other areas. Engineer Don Overson confirmed rock mulch and trees would be used on the Anderson Geneva side of Geneva Road. Councilmember Grant Holdaway liked sod turf, but said he could also accept rock. Councilmember Sean Fernandez confirmed that would be 600’ x 8’ of rock. He said he would also accept turf sod. Engineer Don Overson said a developer could be required to install trees at a later date. He felt the cost to water the sod would be approximately $250 per year because some maintenance would be required. He added that the rock option would not be maintenance free. Attorney David Church stated that in some ways, rock would be more difficult to maintain than sod. Engineer Don Overson said he was no longer being pushed to have a betterment agreement signed now that the project was design build.
COUNCILMEMBER SEAN FERNANDEZ MOVED TO APPROVE UTAH DEPARTMENT OF TRANSPORTATION (UDOT) LANDSCAPING PLAN, AS SHOWN, WITH THE TURF OPTION. COUNCILMEMBER NATHAN RILEY SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH AND COUNCILMEMBER NORM HOLDAWAY WERE ABSENT FROM THE MOTION. THE MOTION CARRIED.
RAILROAD ORDINANCE APPLICATION - ANDERSON GENEVA DEVELOPMENT, INC.
Mayor Pro Tempore Grant Holdaway stated that the railroad ordinance application by Anderson Geneva Development would be postponed for discussion at a later date. He said Mayor Randy Farnworth also hoped for more time to consider the application. Town Clerk/Recorder Dan Wright said Dennis Astill of Anderson Geneva asked for the item to be postponed to acquire more information regarding the laws in justification of the application. Planner Nathan Crane said he spoke with a representative from Salt Lake City regarding the quiet zone, and was told that enforcement of their railroad ordinance had been challenging. The discussion was postponed.
DEVELOPMENT STANDARDS AND DESIGN SPECIFICATIONS BOOKLET
Engineer Don Overson stated that the Development Standards and Design Specifications booklet needed to be updated. He said he was in the process of updating the standards and specifications, and would present the changes to the council for review when the changes were complete. He had done work with Water Operator Sullivan Love and the water standards had been changed to better fit Vineyard’s soil. He said a commercial road cross section had not been adopted. He believed residential and commercial should have different requirements. Mayor Pro Tempore Grant Holdaway understood that more adopted standards were needed. Engineer Don Overson said the specifications would need to match up with the drawings. Town Clerk/Recorder Dan Wright said the council previously approved the assembly of a manual and the engineer needed to be authorized to make amendments or changes, as needed. Engineer Don Overson said changes would be proposed for approval. He said the need was brought to his attention when Developer Joe Brown requested information to install street signs. He said Mr. Brown wondered when the town would install street signs because of the current language. Councilmember Sean Fernandez asked if drawings could be downloaded from the website. Engineer Don Overson said everything was in a .tif file which was most compatible with most .cad programs. He said this type of file was not available on the website.
Open Session
Councilmember Reports
Councilmember Nathan Riley said the Vineyard Elementary School had been hit hard with graffiti. He said the sheriff’s department was investigating the activity. He thought the Teens Against Graffiti (TAG) participation bill would be coming soon.
Councilmember Nathan Riley said trucks hauling materials missed their turn which caused damage to Vineyard Road. Engineer Don Overson said a sign could be placed in the future to instruct truck drivers of where to turn.
Mayors Report
ITEMS FOR THE NEXT AGENDA
ADJOURNMENT
The meeting adjourned at 8:30 PM. The next Council meeting will be a regular Town Council meeting held on August 12, 2009.
MINUTES APPROVED ON AUGUST 26, 2009
CERTIFIED CORRECT BY M. MANLEY, PLANNING ADMINISTRATOR & DEVELOPMENT COORDINATOR | 
