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MINUTES OF THE
VINEYARD TOWN COUNCIL MEETING
Vineyard Town Hall, 240 East Gammon Road, Vineyard, Utah
August 12, 2009, 7:08 PM
PRESENT: ABSENT:
Mayor Pro Tempore Grant Holdaway Mayor Randy Farnworth
Councilmember Norm Holdaway
Councilmember Sean Fernandez
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: Brandt Anderson of the Lakes at Sleepy Ridge, Adam Cowie of Lindon City, Jerry Grover of Anderson Development, Residents Cumorah and Robert Holdaway
The Vineyard Town Council held a regular meeting on August 12, 2009, starting at 7:08 PM in the Vineyard Town hall. The prayer was offered by Councilmember Nathan Riley.
Regular Session; 7:08 PM
Minutes
COUNCILMEMBER NATHAN RILEY MOVED TO APPROVE THE MINUTES OF JULY 8, 2009, WITH CORRECTIONS AS STATED. COUNCILMEMBER SEAN FERNANDEZ SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. MAYOR RANDY FARNWORTH AND COUNCILMEMBER NORM HOLDAWAY WERE ABSENT FROM THE MOTION. THE MOTION CARRIED.
Planning Commission Update: Liaison Norm Holdaway
None.
Staff Reports
Planner Nathan Crane stated that he had been waiting for Anderson Geneva’s approval to meet with council members to discuss modifications to the Master Reimbursement Agreement.
Planner Nathan Crane said construction was estimated to be complete in 2015 for the Lakeside Power Plant, Phase 2, and construction would begin in 2012. Councilmember Sean Fernandez wondered if the process with the Army Corps of Engineers could begin to delineate the wetlands at approximately 250 West 2000 North. Engineer Don Overson said the mitigation plan had been accepted for Phase 2 and the wetlands delineation had been addressed sufficiently.
Planner Nathan Crane said he received an inquiry on property in Vineyard for multiple family dwellings.
He gave a report on the proposed home to be built on Lot 290 in the Lakes at Sleepy Ridge. He showed council members a rendering of the proposal. He said finished square footage would be approximately 1,900 and would not include a finished basement. He reported that the architectural committee for the Lakes at Sleepy Ridge approved the home’s design. Councilmember Sean Fernandez was amazed that the adjacent neighbors would accept the proposal.
Engineer Don Overson stated that he met with the Utah Transit Authority (UTA) and the Utah Department of Transportation (UDOT) regarding the Geneva Road project. He said Horrock Engineers had been selected to create the design, and a construction contractor would be selected by the beginning of 2010. He said work would commence by May of 2010. He said the construction would begin from 200 North and go all the way to University Parkway. He said Geneva Road would be widened wherever possible. Councilmember Nathan Riley stated that Vineyard would not be receiving grant money for the new water system from the Community Development Block Grant (CDBG). He wondered what the impact of that would be. Engineer Don Overson said that due to the new schedule, there would be more time to acquire funding. He said he would work diligently to have funds approved for the water line installation.
He discussed the 400 North crossing. He stated that UDOT designated the crossing as public, but the crossing would be closed until Vineyard improved and extended the road. Jerry Grover said Anderson Geneva was in favor of using 400 North as an alternate crossing for the 400 South Geneva Road project. Engineer Don Overson stated the Union Pacific Railroad had been upset by the public crossing designation.
Public Hearing; VINEYARD TOWN ZONING ORDINANCE AMENDMENT (TA-09-04 & TA-09-05)
MAYOR PRO TEMPORE GRANT HOLDAWAY MOVED TO OPEN THE PUBLIC HEARING REGARDING THE VINEYARD TOWN ZONING ORDINANCE AMENDMENT (TA-09-04 & TA-09-05) AT 7:31 P.M. ALL PRESENT WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH WAS ABSENT FROM THE MOTION. THE MOTION CARRIED.
Planner Nathan Crane explained that he provided one report to include both public hearings. He proposed an amendment of sections 200, 300, 400, 500 and 900 of the Subdivision Ordinance to revise the application review process and procedures. He said the Utah State Legislature revised the requirements for noticing for preliminary and final plats in the 2009 Legislative Session. He felt the current review process was time consuming, limited efficiency, and created delay in the review process. He believed the proposed amendment would provide streamlined and efficient review. He said a public hearing was not required for a subdivision application, but was required for vacation, alteration or amendment of a street or easement. He stated that, although a formal Development Review Committee (DRC) meeting would not be required, the purpose of the DRC would be met. He felt coordination of the development process would improve efficiency, internal coordination, issue resolution, and would eliminate one step in the current process. He said the pre-application meeting would serve the same function as the concept plan while taking less time, thereby increasing efficiency. He felt the option for a concurrent review of preliminary and final for a non-residential subdivision plat would expedite the development of commercial and employment issues which would assist in economic development. Councilmember Sean Fernandez thought streamlining the process would be good, but was concerned that staff was relinquishing crucial time for review.
Councilmember Norm Holdaway arrived at the meeting at 7:45 p.m.
Councilmember Sean Fernandez felt different issues were frequently discovered at the various stages of approval. Planner Nathan Crane and Engineer Don Overson were unconcerned with the approval time necessary for nonresidential subdivision applications. Councilmember Sean Fernandez wanted confirmation that there would be adequate review for applications. Planner Nathan Crane stated that issues would be outlined in a formal letter where developers would be given the opportunity to make corrections before there was a formal meeting. He said there would still be an official process for review. Councilmember Nathan Riley acknowledged that steps would be eliminated, and believed review would be sufficient for all issues to be addressed. Planner Nathan Crane said he and Planning Administrator/Development Coordinator Melinda Manley would be responsible for coordinating the approval process. Councilmember Sean Fernandez confirmed that the town would have the ability to approve concurrent submission of preliminary and final plats.
MAYOR PRO TEMPORE GRANT HOLDAWAY MOVED TO CLOSE THE PUBLIC HEARING REGARDING THE VINEYARD TOWN ZONING ORDINANCE AMENDMENT (TA-09-04 & TA-09-05) AT 7:55 P.M. ALL PRESENT WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH WAS ABSENT FROM THIS MOTION. THE MOTION CARRIED.
Councilmember Sean Fernandez was still concerned about the work load that staff would bear under the proposal. Engineer Don Overson said he followed the same process in another city he had done work in, but was adamant that a developer should not be allowed to rush the process. He said staff needed to be firm about the length of time review would take. Councilmember Sean Fernandez said he would support the change if staff was confident and felt review would be adequate. Attorney David Church said most of the older subdivision ordinances didn’t have a formal Development Review Committee (DRC). He said cities and towns were doing that meeting without a formal meeting outlined in the ordinance. He said the current length of time a developer would have to wait for subdivision approval was seven months.
COUNCILMEMBER NATHAN RILEY MOVED TO ACCEPT THE FINDINGS AND RECOMMENDED APPROVAL OF THE VINEYARD TOWN ZONING ORDINANCE AMENDMENTS (TA-09-04 & TA-09-05) WITH THE ADDITIONAL LANGUAGE THAT THE TOWN MAY APPROVE THE REQUEST OF AN APPLICANT TO PROCES PRELIMINARY AND FINAL PLATS TOGETHER. COUNCILMEMBER SEAN FERNANDEZ SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH WAS ABSENT FROM THE MOTION. THE MOTION CARRIED.
DRAFT LINDON HOLLOW DITCH - CONSERVATION EASEMENT
Attorney David Church stated that Orem City and Lindon City owned land on the furthest north end of the Anderson Geneva property. He said Orem and Lindon were seeking a conservation easement to protect or enhance forever the natural qualities of the property. He said those cities would be seeking final approval of the easement and Vineyard could enforce compliance with the easement as the holder of the easement rights. Adam Cowie of Lindon City said the Lindon Hollow Ditch Conservation Easement would eliminate the development potential of the property. He said that the area would always be a drainage ditch that would serve Orem and Lindon. Attorney David Church said the proposal would cost the town no money, but would give the town enforcement authority. Mr. Cowie said trail amenities were currently permitted, and there would be a handful of permitted uses in the easement. He said the easement needed to be established by October 2009. He said the town would have no affirmative administrative duties, but that the development rights of the property would be transferred to Vineyard. Attorney David Church said the town needed to indicate that they would be the easement holder.
COUNCILMEMBER NORM HOLDAWAY MOVED THAT THE TOWN WOULD BE THE CONSERVATION EASEMENT HOLDER FOR THE LINDON HOLLOW CREEK UPON SATISFACTORY REVIEW OF FINAL PAPERWORK BY THE COUNCIL IN ORDER FOR LINDON CITY AND OREM CITY TO RECEIVE FUNDS FROM THE QUALITY GROWTH COMMISSION. COUNCILMEMBER NATHAN RILEY SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH WAS ABSENT FROM THE MOTION. THE MOTION CARRIED.
RAILROAD ORDINANCE APPLICATION
Attorney David Church said the proposed Railroad Ordinance Application had been preempted by federal law and would be unenforceable by the town. Councilmember Nathan Riley hoped Anderson Geneva would bring back which sections were enforceable through state code. He wondered why the town would include federal jurisdiction in the proposed ordinance application. Attorney David Church felt that provisions the town could enforce would still go un-enforced by the town. He felt the council shouldn’t pass an ordinance until they were ready to enforce it. Planner Nathan Crane said the way to influence the operation of the rail through the town would be to apply for quiet zones.
COUNCILMEMBER NATHAN RILEY MOVED TO TEMPORARILY LAY THE RAILROAD ORDINANCE APPLICATION ASIDE UNTIL FURTHER EVIDENCE WAS PRESENTED THAT MADE FURTHER CONSIDERATION NECESSARY. COUNCILMEMBER SEAN FERNANDEZ SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH WAS ABSENT FROM THE MOTION. THE MOTION CARRIED.
IMPACT FEES FOR THE LAKES AT SLEEPY RIDGE
Engineer Don Overson presented the impact fees for The Lakes at Sleepy Ridge subdivision. He showed infrastructure improvements already installed including the Winn property and the 400 North water line in Orem City. He said some of the construction in the Homesteads had not yet been built, but the proposed amounts didn’t exclude those infrastructure construction projects. He reviewed pass through impact fees and the 400 South Road improvements. He said he included the fee to improve 400 South to handle the additional traffic burden from The Lakes at Sleepy Ridge residents. He said the impact fees for the Lakes at Sleepy Ridge subdivision recalculated to be $10,214.52. Mayor Pro Tempore Grant Holdaway confirmed that the proposed amount would be the lowest the town would collect for the 25 approved reduced impact fees in the development. Engineer Don Overson felt the lack of adjacent parcel development would make construction on 575 West impractical. Attorney David Church said fees would be applied towards project improvements, not system improvements. Councilmember Nathan Riley felt the construction on 575 West could be a system improvement. He felt the solution would be simple with the construction of 400 South and Geneva Road. Engineer Don Overson said the Utah Department of Transportation (UDOT) considered 575 West with alternatives and those improvements had been rejected. Attorney David Church felt that if infrastructure construction on 575 West could begin within 6 years, the collection of that fee would be acceptable. However, he felt that without a plan, that fee would be unencumbered and returned after 6 years. Councilmember Nathan Riley wondered what area would be included in the approval of reduced impact fees. Planner Nathan Crane said the approval would only apply to the 25 lots in The Lakes at Sleepy Ridge. Councilmember Nathan Riley wanted to see the fee rounded to an even number.
COUNCILMEMBER NATHAN RILEY MOVED TO ACCEPT THE TEMPORARY REDUCTION OF IMPACT FEES FOR THE LAKES AT SLEEPY RIDGE DEVELOPMENT IN THE AMOUNT OF $10,800.00 FOR THE 25 BUILDING PERMITS TO BE ISSUED BY DECEMBER 31, 2010. COUNCILMEMBER SEAN FERNANDEZ SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. NONE WERE OPPOSED. MAYOR RANDY FARNWORTH WAS ABSENT FROM THIS MOTION. THE MOTION CARRIED.
Open Session
Councilmember Norm Holdaway requested that Jeff Holdaway’s impact fees be reduced similar to the reduction that had been granted for The Lakes at Sleepy Ridge. Councilmember Nathan Riley felt that consideration should be made but explained that at the time of Jeff Holdaway’s original impact fee appeal, the town had received no figures to substantiate a reduction. He didn’t believe the reduction would be as low as what had been approved for the Lakes at Sleepy Ridge. Engineer Don Overson hoped for time to establish a reduction amount. Councilmember Norm Holdaway conveyed that Jeff Holdaway believed he had been singled out as a new homeowner, and was curious to see how all other new homeowners would be treated. Mayor Pro Tempore Grant Holdaway felt the accusation was serious and hoped for more information to substantiate such a statement.
Resident Robert Holdaway stated that he met with staff regarding the subdivision of his property. He said he had his property surveyed. He said there was more than enough square footage for the property to be subdivided, but in order to avoid breaking up the existing tennis court, he hoped he could be granted a variance. He wanted to know if that would be possibly before he continued to move forward. Attorney David Church confirmed with Planner Nathan Crane that Robert Holdaway would be required to follow the same process Resident Wayne Holdaway had been required to follow. Mayor Pro Tempore Grant Holdaway said the subdivision needed to be put onto an agenda, and now was not the time to address the proposed subdivision.
Councilmember Reports
Councilmember Nathan Riley confirmed that there would be a meeting at 6:00 p.m. the following day with Utah County Commissioner Larry Ellertson at the town hall. He said the commissioner was interested in hearing the town’s side of the redevelopment (RDA) issue for the former Geneva Steel property. He said Mr. Ellertson requested a separate meeting with Anderson Geneva on August 18, 2009, and the meeting tomorrow would simply be to receive input from the town council and town staff. Councilmember Sean Fernandez stated that he would not be available to attend the meeting. Mayor Pro Tempore Grant Holdaway and Councilmember Nathan Riley confirmed that they would be available to attend the meeting.
Councilmember Nathan Riley said he reviewed a request and proposal to build a bridge across Utah Lake had been discussed by the Utah Lake Commission (ULC). He stated that a national firm would build the bridge and had some expertise building bridges across water that would freeze. He said the bridge would be 32,000 feet long and would typically rise 35 feet above the water except for one section which would rise 50 feet above the water to allow boats to pass. He said piers would be placed every 150 feet. He said the plan included one lane each way with emergency lanes, barriers and a pedestrian bike path on the side of the one lane road. He was told that if things went well, they would eventually build an identical bridge separated by ten feet right next to it. He said the bridge would be a toll road which would cost approximately $2.50 for a single use. He said annual fees had also been considered. He said that because it would not be a causeway, mitigation had been dismissed. He said the time frame for construction had been condensed which would cause construction to begin in 2010, and the bridge would take approximately 18 months to complete. He stated that the representative of the Utah Lake Commission would like a letter from the town expressing their support of the project. Engineer Don Overson wondered where the bridge would be situated if it was built before the Vineyard Connector. Councilmember Nathan Riley said he thought it could possibly be at 800 North through the Geneva property, and at the point where it would bend, the road would go across the lake. He also believed 800 North would be extended all the way to Geneva Road. Engineer Don Overson said the design for the Vineyard Connector would not accommodate a connection to the causeway. Town Clerk/Recorder Dan Wright said a stub would be installed from the Vineyard Connector to accommodate the bridge alignment.
Mayors Report
Mayor Pro Tempore Grant Holdaway felt the costs of the Gammon Road/Center Street Road Closure were unsatisfactory. He wondered if contractors could be back charged for their faulty work. Councilmember Nathan Riley sought clarification on what had been unsatisfactory with the road closure. Engineer Don Overson said the first concern was that the cable gate had been installed incorrectly. He said a pipe gate instead of a cable gate would work better. He was concerned about a gap approximately 4 feet wide which was large enough for a 4-wheeler to pass through. He thought cable could be run through the barriers to eliminate the access. Mayor Pro Tempore Grant Holdaway reported that another one of his concerns was the cost incurred to repair the west end post. He wondered if there was anything that could be done to reduce that cost. Engineer Don Overson said the contractor agreed to provide the pipe gate which would swing from the median side to the k-rail where there would be a padlock. He said there would be a swinging gate rather than a cable. He was unconcerned with the contractor possibly abandoning the project. He said the contractor hoped to be paid in full except for the $150 required to install the pipe gate. He said nothing more would need to be installed for a pipe gate and the contractor would most likely personally absorb some of the cost to correct the situation. The council authorized Engineer Don Overson to follow through with the installation of a swinging gate.
Mayor Pro Tempore Grant Holdaway said the shrubs would be removed from the parking lot at the town hall and mulch would be placed. He said an evergreen tree in the southwest corner would be removed from the park in the fall.
ITEMS FOR THE NEXT AGENDA
ADJOURNMENT
The meeting adjourned at 9:06 PM. The next Council meeting will be a regular Town Council meeting held on August 26, 2009.
MINUTES APPROVED ON SEPTEMBER 9, 2009
CERTIFIED CORRECT BY M. MANLEY, PLANNING ADMINISTRATOR & DEVELOPMENT COORDINATOR | 
