Thursday, December 31, 2015

Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, are they living up the the 12th and 13th article of Faith?







Two years before he died, the Prophet Joseph Smith wrote them in a letter to a newspaper editor, John Wentworth, who had asked for information about the Church.
Ever since the Articles of Faith were written, they’ve inspired and directed us in the basic principles of our gospel. They enhance our understanding of certain doctrines and help us commit to living them. They invite further thought. And they’re a good tool for explaining our beliefs to people unfamiliar with them.

Articles of Faith, #12 and #13

#12 We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law.



Unless the law does not serve your selected outcome.  The Special Warranty Deed defines what can and cannot be built on the Family Search Plat.  I suggest you read it.  The Specialty Warranty Deed is a contract between a Grantee and Grantor. A contract is a legal instrument.  If you proclaim to sustain the law, read the deed and live by the letter of the law as signed.  There is no mention of a Stake Center or 120,000 sq ft office building in the Special Warranty Deed, however, it does mention a 6,000 square feet Family Discovery Center on the southern border. 

The City of Lehi has enacted city code that governs resort communities (chapter 28).  I suggest you read it and adhere to it exactly as it is written.  This is not a time to mince words or live in the grey areas of life or to error a bit left of center (in this case all the way to the left).  Your scheme and plans to seek variations from the city is an attempt on your part to not be obedient and circumvent the law.

It must be noted that when I refer to the law, I am referring to contract law, what is legal under the terms and conditions of a contract.  I have not seen the purchase and sale agreement between the Corporation and Beesmark.  Maybe the contract is different than what was recorded at the County. Maybe, what does it matter. All we can see is what is recorded at the county, that is the only information we have available to us.

Do your means really justify your ends?  

Does ignoring the contract you signed to build a 6000 square foot Family Search and Discovery Center really justify your desire to build a Stake Center and 120000 square foot commercial office complex?

For goodness sakes, the area you have divided off was a driving range on a PGA golf course, don't you get that?  It had a use, a perfect use for the golf course.  You had to come in an ruin a perfectly good driving range for your selfish needs.  There was plenty of land east of the railroad tracks, much of it close to the TRAX station that you could have used.  It may not have been donated to you or partially donated to you and you may have had to pay fair market price, just like the rest of us.

I highly suggest that Nathan Hale, Brent Roberts, Mayor Bert Wilson, Kim Struthers, Lehi City DRC members, Planning Commission members and City Council members remain honest, transparent and obedient to the laws of the land. I highly suggest you take into account the language in the Special Warranty Deed signed by the Corporation and Beesmark and not approve anything other than what is recorded at the county.  Now, I know this may not be your job.  But now that you know what has been recorded, are you going to let some unscrupulous developer come in and build whatever they want because you believe it does not violate any land building ordinance? This developer is violating the terms and conditions of the Special Warranty Deed they signed and recorded at Utah County. The City has a fiduciary duty and obligation once notice has been brought to their attention that a developer may be in violation of a contract they signed to purchase a parcel of land to give notice to that developer to come into compliance to the contract they have signed.  They owe this to the citizens of Lehi to protect us from unscrupulous developers. Our health, safety, welfare and MORALS of the city are at stake.

#13 We believe in being honest, true, chaste, benevolent, virtuous, and in doing good to all men; indeed, we may say that we follow the admonition of Paul-We believe all things, we hope all things, we have endured many things, and hope to be able to endure all things. If there is anything virtuous, lovely, or of good report or praiseworthy, we seek after these things.

Unless being honest, true, chaste, benevolent, virtuous and doing good to ALL men gets in the way of one of your building projects. I was told of a discussion by a neighbor of mine who had a conversation with one of those employed by the LDS Church special projects division.  He indicated that he went throughout the world placating disgruntled land owners surrounding their building projects.  He indicated that in the end, the Church always WON and their project advanced as they intended.  It doesn't sound as though the Church is doing good for ALL men. 



Definition of honest -
free of deceit, untruthfulness, sincere

Take a close look at the Special Warranty Deed you signed and recorded in Utah County.  Would you propose that the building project you have laid out on the Thanksgiving Point driving range, now known as the Family Search Plat (should have been recorded by metes and bounds and not a plat, see chapter 28, section 28.080) is within the description of the building project you outlined in the Special Warranty Deed? I don't think so. 

Would it be honest, true, benevolent and virtuous of you to build something different than you contractually signed to build in the Special Warranty Deed? Your salvation is on the line.  Are you going to live up to the contract you signed or are you going to be selfish and build whatever you want or are you going to expect Beesmark LLC and the City of Lehi to give you cover to manipulate the development process in your favor?

The Special Warranty Deed is the only document I can view in Utah County, there may be a whole host of other documents you created when you bought the property.  I would welcome an opportunity to be given a complete set of documents surrounding the purchase and sale agreement you made with Beesmark LLC.  I guess it is possible you outlined in those documents your intention of building a Stake Center on the southern border of the driving range and a 120,000 commercial office building on the northern border. I guess it is possible you forgot to include these these proposed buildings in the Special Warranty Deed.

We won't know your intentions unless you provide them to the world to review.  I think it would serve you well to provide a copy of the purchase and sale agreement along with any other documents included in that agreement to the public. With out that, all we can go on is what is recorded at Utah County and what is recorded at Utah County is a copy of the Special Warranty Deed which indicates your intention of building a 6000 square foot Family Search and Discovery Center and NOT a Stake Center and 120000 commercial office building.

Now do the right thing and if you must build on the Thanksgiving Point driving range, for goodness sakes, live up to the agreement you signed and recorded at Utah County.  To do otherwise would be dishonest, not truthful, virtuous or benevolent.


Judge: City of Lehi's fees against homebuilder illegal, unconstitutional


Sergign/Shutterstock

Judge: City of Lehi's fees against homebuilder illegal, unconstitutional

By Ben Lockhart   |  Posted Dec 30th, 2015 @ 8:55pm

 
LEHI — Lehi's fees charged to a man for building a home on a new property were calculated using vague methods that are "illegal and unconstitutional," according to a 4th District Court ruling from earlier this month.
In October 2012, the city charged resident Gordon Miner more than $25,000 in "impact fees" as a prerequisite for building a home on a nearly 1.4-acre property at 1058 N. 1710 East.
The fees, designed to account for and fund city improvements necessitated by residential growth, unnecessarily tacked on a pair of additional 15 percent fees for "Legal/Planning and Engineering" and "Contingency" considerations, according to Judge Fred Howard.
Howard said those additional charges violate Utah's Impact Fees Act, which says residents' required payments must be thoroughly explained in a written analysis by the city. Lehi prepared such an analysis, but it lacked "any explanation as to why the flat 15 (percent) charges … are reasonable," the judge wrote.
"The analysis simply does not contain any realistic estimate, assumptions, or facts upon which the reasonableness of these 15 (percent) charges may be assessed," Howard wrote.
Lehi was ordered to pay nearly $12,700 to Miner, who specifically challenged the fees exacted on his property for the city's culinary water, secondary water, sewer and storm drain services. Miner previously paid all of the original fees required of him by the city.
Lehi failed to demonstrate that the totality of its fees against Miner were roughly proportional to the services that would be provided to him, according to Howard.
"It is equally likely that these charges will be used for a purpose that is unrelated to Mr. Miner's property as they will be to mitigate any impact Mr. Miner may actually produce in the community," he wrote.
The city's actions amount to "an unconstitutional taking of private property without just compensation," the judge said.

Tuesday, December 29, 2015

How important is the word ADJACENT in the Lehi city code chapter 28 governing resort communities? CRITICALLY IMPORTANT!i

Why is the word ADJACENT so important as used in Section 28.070 Development Standards?

First let's take a look at the context surrounding the word adjacent in Section 28.070.

Where a Resort Community Zone proposes a mix of recreational and commercial or business park uses, the following development standards shall apply in addition to any other commercial development standards contained in this Code or the Design Standards and Public Improvement Specifications manual: 

A. Building Design. The proposed structures shall be complimentary to the surrounding architecture in terms of scale, massing, roof shape, and exterior materials. Buildings should not create large bulky masses, but should be scaled down into groupings of smaller attached structures. Buildings adjacent to single family detached units should be limited to 2 stories or 35 feet. 

The law will show that the  LDS Church cannot develop a building higher than 35 feet or two stories. The LDS Church's  proposed plans to construct a 4 story office building is .......

NOT COMPLIMENTARY TO THE SURROUNDING ARCHITECTURE IN TERMS OF

SCALE
MASSING
ROOF SHAPE AND and
EXTERIOR MATERIALS

and is....

ADJACENT TO SINGLE FAMILY DETACHED UNITS

and therefore

SHOULD BE LIMITED TO 2 STORIES OR 35 FEET

and be

COMPLIMENTARY TO THE SURROUNDING ARCHITECTURE IN TERMS OF

SCALE
MASSING
ROOF SHAPE AND and
EXTERIOR MATERIALS

Not only are the single family homes adjacent to the proposed development, the property line of the proposed development and the property line of the Thanksgiving Point single family residents are connected, they share a common property line, like neighbors. 

The LDS Church and the single family residents of Thanksgiving Village will be neighbors.  Just as you and your neighbors property lines live side by side, so does the property line of the proposed LDS Church development and the single family residents of Thanksgiving Village.

Why is that?

The LDS Church Family Search Plats southern border, borders Thanksgiving Villages northern border. The two borders lie side by side. 

Along with that.....

Desert Forest Lane is OWNED by the residents of Thanksgiving Village thus the proposed development and the residents of Thanksgiving Village have a common border. I live in Thanksgiving Village and therefore I am a partial owner of Desert Forest Lane as are all the other residents of Thanksgiving Village.

Does the City of Lehi plow Desert Forest Lane when it snows in the winter?  Absolutely not, I and those who live in Desert Forest Lane pay to have it plowed.

Does the City of Lehi or the Thanksgiving Point golf course take care of our lawn maintenance on the land connected to Desert Forest Lane or do the single family residents who pay an HOA fee pay for that?

By virtue of the FACT that I own a portion of Desert Forest lane and the northern border of Thanksgiving Village, the proposed LDS Church development is adjacent to me.

Lets look at the definition of adjacent in chapter 39 of the Lehi city code.

Adjacent - All properties immediately contiguous to a development site, including those that are separated from the site only by a road or other right-of-way or easement. 

The single family residents of Thanksgiving Village own Desert Forest Lane and all its property rights.

Thanksgiving Village by virtue of the owners owning Desert Forest is ABSOLUTELY contiguous to the development site.  The proposed development MUST not exceed 35 feet or 2 stories.  To view it any other way would be incorrect.  I know a court of law will see that Desert Forest Lane owned by the residents of Thanksgiving Village is contiguous to the proposed development.

Kim Struthers of the Lehi Planning Development Commission has weighed in on this and has said that that the proposed development by the LDS Church is not adjacent to the single family residents of Thanksgiving Village who own Desert Forest Lane.

HE IS FLAT OUT WRONG!!!!

Until a legal conclusion in a court of law has been made on this issue, the proposed LDS Church development MUST NOT be allowed to move forward.

Kim is one man with one opinion who wants to see this development take place.  He is biased, as many members of the Lehi DRC, Planning Commission, City Council, Mayor and Lehi City administration,  many of which are members of the LDS Church who of course want to see this development take place in their city, by hook or crook. 

BOTTOM LINE

The LDS Church proposed development if allowed to be built (questionable) CANNOT exceed 2 stories or 35 feet.  

Thursday, December 17, 2015

Mayor Bert Wilson has refused to respond to a request to pledge to protect the safety, health and long term welfare of every citizen of Lehi, among other things. Dec 17, 2015

As of December 17th, 2015, Mayor Bert Wilson has refused to respond to a requested pledge to protect the safety, health and long term welfare of the citizens of Lehi.  


By not responding he has also refused to pledge to UPHOLD and ENFORCE ALL Lehi city land use ordinances EXACTLY (word for word, words have meaning) as they are written.

More specifically, to UPHOLD and ENFORCE the land use ordinances EXACTLY (word for word) as they are written in Chapter 28 of the Lehi city code regulating Resort Communities.

To instruct those who work for the city to also UPHOLD and ENFORCE the Lehi city land use ordinances EXACTLY as they are written.

To REQUIRE those seeking to do business in ANY form (including land developers) to ADHERE to ALL city codes EXACTLY as they are written.

To promise to be honest, fair and transparent in  ALL his roles and responsibilities as a representative of the citizens of the city of Lehi.

And lastly

To not give special treatment to specific individuals, groups, organizations or businesses.

Why would he refuse to pledge to these very basic ideals which seem extremely reasonable?

Below is the original pledge sent to the Mayor Bert Wilson, Jason Walker and the Lehi City Council. As of December 17th, not only have they not pledged to the ideals listed below, they have not even taken the time to email me back.

Requested pledge by me to the Lehi City Council, mayor and staff, Dec 8, 2015


Requested pledge by me to the Lehi City Council, mayor and staff, Dec 8, 2015

Do you pledge to the citizens of the City of Lehi....

To protect the safety, health and long term welfare of EVERY citizen that resides within the city of Lehi?
To UPHOLD and ENFORCE ALL Lehi city land use ordinances EXACTLY (word for word, words have meaning) as they are written?
More specifically, will you UPHOLD and ENFORCE the land use ordinances EXACTLY (word for word) as they are written in Chapter 28 of the Lehi city code regulating Resort Communities?
Will you instruct those who work for the city to also UPHOLD and ENFORCE the Lehi city land use ordinances EXACTLY as they are written?
Will you REQUIRE those seeking to do business in ANY form (including land developers) to ADHERE to ALL city codes EXACTLY as they are written?
Do you promise to be honest, fair and transparent in your in ALL your roles and responsibilities as a representative of the citizens of the city of Lehi?
To not give special treatment to specific individuals, groups, organizations or businesses?


Please take a moment to review this pledge and email me back a response.

As of December 13th when this blog post was written, I have not hear back from any one from the city of Lehi.

Update, as of Jan 6, 2016, I have not heard back from any of the individuals I originally emailed.  I guess they plan to operate above the law by not enforcing the law of the city (city code) exactly as it is written.  They also have no interest in adhering to the city code exactly as it is written and will continue to give special treatment to individuals, companies and corporations they favor.  It is not fair to the citizens of Lehi that those who work for, appointed to or are elected into a leadership role in Lehi to so blantely abandon city code in favor of their personal pet projects.

Wednesday, December 16, 2015

Emails to Police Chief Paul, Fire Chief Craft and Utility billing department head Ms. Hoffman, Dec 16, 2015 alerting them to the language in chapter 28 that would benefit their departments

Chapter 28 Lehi City code governing resort communities
William Conley
|
To:
dpaul@lehi-ut.gov;
Wed 12/16/2015 11:40 AM
Lehi City

  
Police Chief Paul

It was nice to speak with you briefly this morning.  As I mentioned, there is code in Chapter 28 of the Lehi City code governing resort communities that directly impacts and in my opinion benefits your organization.

I have attached a copy of the resort community code with this email.  It will be much easier for you to read if you simply google, Lehi City chapter 28 resort community code. 

Here is the relevant section that directly impacts your organization.

 Section 28.010 Purpose and Intent. 

The intent of the Resort Community Zone and this Chapter is to recognize and provide for the orderly development of certain properties as a tourist, convention, hospitality, business, and gathering destination and to provide for the implementation of the Lehi City General Plan. Furthermore, this ordinance and the standards for development contained herein are intended specifically to accomplish the following:

F. Support public service entities such as Police and Fire Departments by dedicating land or utilizing certain space within the Resort Community Zone at no cost to the City. 

Section 07.050. Public Support Requirements 

(Police Chief Paul, these are not suggestions, but requirements.  To my knowledge NONE of the following has happened.)

The large scale and public nature of a Resort Specific Zone requires the specialized support of various public services. The property owners shall therefore make certain allowances within the Resort Specific Zone property for public facilities and public support operations as follows:

A. Fire/EMS Sub-station. One half (1/2) acre of property shall be dedicated to the City without cost whereon a Fire Sub-station may be constructed and operated by the City. 

B. Police Sub-station. A facility or space within a facility shall be provided to the City without cost wherein a Police Sub-station may be operated. 

C. Utility Transactions. A space within a facility shall be provided to the City without cost wherein the public and City may conduct transactions for public utilities. 

D. Security Services. A professional security staff shall be employed by the property owners in an effort to help promote public safety. The resort’s security staff shall cooperate with City Police and Fire Departments, but shall in no way or at any time replace or assume the responsibilities of the City Police and Fire Departments. 


I hope you bring this up with Mayor Bert Wilson, Jason Walker, Robert Ranc, City Council and the fire chief.  The city is growing and it is time that the city enforce what is written in chapter 28 of the resort community code.  I would be willing to discuss this with you and any other member of your staff, the Mayor, Jason Walker or members of the city council.

Thanks

Bill Conley
801 867 7227


New email to Fire Chief Craft

Chapter 28 Lehi City code governing resort communities
William Conley
|
To:
jcraft@lehi-ut.gov;
Wed 12/16/2015 11:46 AM
Lehi City

  
Fire Chief Craft

Below is a letter I sent to Police Chief Paul.  In that  email I highlighted sections impacting the police.  I will highlight the areas and underline them for areas that impact the fire department.  

Please read the letter I wrote to Police Chief Paul and contact me if you need any further clarification.

Thank you

Bill Conley
801 867 7227



From: William Conley <billhytek@hotmail.com>
Sent: Wednesday, December 16, 2015 11:40 AM
To: dpaul@lehi-ut.gov
Subject: Chapter 28 Lehi City code governing resort communities
 
Police Chief Paul

It was nice to speak with you briefly this morning.  As I mentioned, there is code in Chapter 28 of the Lehi City code governing resort communities that directly impacts and in my opinion benefits your organization.

I have attached a copy of the resort community code with this email.  It will be much easier for you to read if you simply google, Lehi City chapter 28 resort community code. 

Here is the relevant section that directly impacts your organization.

 Section 28.010 Purpose and Intent. 

The intent of the Resort Community Zone and this Chapter is to recognize and provide for the orderly development of certain properties as a tourist, convention, hospitality, business, and gathering destination and to provide for the implementation of the Lehi City General Plan. Furthermore, this ordinance and the standards for development contained herein are intended specifically to accomplish the following:

F. Support public service entities such as Police and Fire Departments by dedicating land or utilizing certain space within the Resort Community Zone at no cost to the City. 

Section 07.050. Public Support Requirements 

(Police Chief Paul, these are not suggestions, but requirements.  To my knowledge NONE of the following has happened.)

The large scale and public nature of a Resort Specific Zone requires the specialized support of various public services. The property owners shall therefore make certain allowances within the Resort Specific Zone property for public facilities and public support operations as follows:

A. Fire/EMS Sub-station. One half (1/2) acre of property shall be dedicated to the City without cost whereon a Fire Sub-station may be constructed and operated by the City. 

B. Police Sub-station. A facility or space within a facility shall be provided to the City without cost wherein a Police Sub-station may be operated. 

C. Utility Transactions. A space within a facility shall be provided to the City without cost wherein the public and City may conduct transactions for public utilities. 

D. Security Services. A professional security staff shall be employed by the property owners in an effort to help promote public safety. The resort’s security staff shall cooperate with City Police and Fire Departments, but shall in no way or at any time replace or assume the responsibilities of the City Police and Fire Departments. 


I hope you bring this up with Mayor Bert Wilson, Jason Walker, Robert Ranc, City Council and the fire chief.  The city is growing and it is time that the city enforce what is written in chapter 28 of the resort community code.  I would be willing to discuss this with you and any other member of your staff, the Mayor, Jason Walker or members of the city council.

Thanks

Bill Conley
801 867 7227


New email to Ms. Hoffman

Fw: Chapter 28 Lehi City code governing resort communities
William Conley
|
To:
choffman@lehi-ut.gov;
Wed 12/16/2015 11:52 AM
Lehi City
  
Ms. Hoffman

I was told you were the head of Utility billing for the City of Lehi by the person answering the phones.  I was hoping to write a short email to the person in charge of Utility billing for the City.  If you are not that person, could you forward this email on to them.

Below you will find a email I sent to the Police and Fire Chief.  In that letter I identified sections in Chapter 28 of the Lehi City code that impacted their departments.  There is also wording in Chapter 28 that impacts the Utility billing department.  This may or may not be of interest to you.  I just thought I would bring it to your attention.

Here is the relevant code as it pertains to Utility billing, chapter 28.

Section 07.050. Public Support Requirements 

The large scale and public nature of a Resort Specific Zone requires the specialized support of various public services. The property owners shall therefore make certain allowances within the Resort Specific Zone property for public facilities and public support operations as follows:

A. Fire/EMS Sub-station. One half (1/2) acre of property shall be dedicated to the City without cost whereon a Fire Sub-station may be constructed and operated by the City. 

B. Police Sub-station. A facility or space within a facility shall be provided to the City without cost wherein a Police Sub-station may be operated. 

C. Utility Transactions. A space within a facility shall be provided to the City without cost wherein the public and City may conduct transactions for public utilities. 

D. Security Services. A professional security staff shall be employed by the property owners in an effort to help promote public safety. The resort’s security staff shall cooperate with City Police and Fire Departments, but shall in no way or at any time replace or assume the responsibilities of the City Police and Fire Departments. 

I hope this information is helpful to you.

Thank you 

Bill Conley
801 867 7227




From: William Conley <billhytek@hotmail.com>
Sent: Wednesday, December 16, 2015 11:46 AM
To: jcraft@lehi-ut.gov
Subject: Chapter 28 Lehi City code governing resort communities
 
Fire Chief Craft

Below is a letter I sent to Police Chief Paul.  In that  email I highlighted sections impacting the police.  I will highlight the areas and underline them for areas that impact the fire department.

Please read the letter I wrote to Police Chief Paul and contact me if you need any further clarification.

Thank you

Bill Conley
801 867 7227



From: William Conley <billhytek@hotmail.com>
Sent: Wednesday, December 16, 2015 11:40 AM
To: dpaul@lehi-ut.gov
Subject: Chapter 28 Lehi City code governing resort communities
 
Police Chief Paul

It was nice to speak with you briefly this morning.  As I mentioned, there is code in Chapter 28 of the Lehi City code governing resort communities that directly impacts and in my opinion benefits your organization.

I have attached a copy of the resort community code with this email.  It will be much easier for you to read if you simply google, Lehi City chapter 28 resort community code.

Here is the relevant section that directly impacts your organization.

 Section 28.010 Purpose and Intent. 

The intent of the Resort Community Zone and this Chapter is to recognize and provide for the orderly development of certain properties as a tourist, convention, hospitality, business, and gathering destination and to provide for the implementation of the Lehi City General Plan. Furthermore, this ordinance and the standards for development contained herein are intended specifically to accomplish the following:

F. Support public service entities such as Police and Fire Departments by dedicating land or utilizing certain space within the Resort Community Zone at no cost to the City. 

Section 07.050. Public Support Requirements 

(Police Chief Paul, these are not suggestions, but requirements.  To my knowledge NONE of the following has happened.)

The large scale and public nature of a Resort Specific Zone requires the specialized support of various public services. The property owners shall therefore make certain allowances within the Resort Specific Zone property for public facilities and public support operations as follows:

A. Fire/EMS Sub-station. One half (1/2) acre of property shall be dedicated to the City without cost whereon a Fire Sub-station may be constructed and operated by the City. 

B. Police Sub-station. A facility or space within a facility shall be provided to the City without cost wherein a Police Sub-station may be operated. 

C. Utility Transactions. A space within a facility shall be provided to the City without cost wherein the public and City may conduct transactions for public utilities.

D. Security Services. A professional security staff shall be employed by the property owners in an effort to help promote public safety. The resort’s security staff shall cooperate with City Police and Fire Departments, but shall in no way or at any time replace or assume the responsibilities of the City Police and Fire Departments. 


I hope you bring this up with Mayor Bert Wilson, Jason Walker, Robert Ranc, City Council and the fire chief.  The city is growing and it is time that the city enforce what is written in chapter 28 of the resort community code.  I would be willing to discuss this with you and any other member of your staff, the Mayor, Jason Walker or members of the city council.

Thanks

Bill Conley
801 867 7227