Lehi heads off lawsuit, settles with Glacier Investments

Melanie Platt looks out the window of her home at back yards and the neighboring plot where a hotel development is planned on Monday, Jan. 11, 2016 in Lehi. Platt and some of her neighbors oppose the building of the 4-story hotel.

Lehi City Council members ate crow Tuesday night at City Hall, approving a settlement agreement with a developer whose application they had denied the previous week.
According to the settlement, Glacier Investments and Lone Peak Investors will be allowed to proceed with their plans to build a Holiday Inn Express bordering the Thanksgiving Meadows residential area.
“Basically, we approved the process and both parties agreed to the settlement,” City Attorney Ryan Wood said.
There were no charges made to the city for damages and no money changed hands, according to the document.
Glacier Investment and Lone Peak Investors filed complaints in Utah County's Fourth District Court a few days after the denial because every city code had been met to build a Holiday Inn Express hotel on the site.
“They do have their rights to develop on that property, and legally they could probably sue us for a lot of money,” Councilman Johnny Revill said after Tuesday's meeting.
During the meeting, Councilman Chris Condie made the motion to approve signing off on the settlement agreement and Councilman Paul Hancock made the second. The vote was unanimous.
“It made sense. It was a way to meet in the middle,” Revill said about his approval of the settlement.
Those who weren’t looking for a settlement resolution would have missed the action because the item lasted less than one minute and had no discussion.
“I believe the settlement agreement is as stated and that is the only comment I have. It’s a matter of public record,” Councilwoman Paige Albrecht said after the meeting was adjourned.
Elected officials last week cited the applicants’ unwillingness to work with Thanksgiving Meadows residents whose land abutted the Holiday Inn site.
Disturbed by the behavior of representatives for the investors, a few of the council members had commented on the attitude displayed by the applicant during the Feb. 16 meeting when the denial was made.

According to Revill, the reason he gave approval of the settlement on the heels of a denial is because it was the most sensible decision.
The mid-priced hotel chain company has plans for a four-story hotel that will have a view of Mt. Timpanogos to the east and children playing in backyards to the west.
Neighbors had complained about the possibility of transient strangers watching their children from hotel windows and about a lack of privacy.
According to the developer, there is a setback of 90 feet from the hotel rooms to the property line. The indoor pool and food bar are part of a one-story extension at the back of the hotel.
The Lehi Planning Commission had recommended site-plan approval in January with conditions offered by the applicant for improvements such as installing landscaping trees to buffer the view and noise.

http://www.heraldextra.com/news/local/north/lehi/lehi-heads-off-lawsuit-settles-with-glacier-investments/article_11318d4d-248f-577f-8090-08541687a0c2.html

Traffic on SR 92 in Lehi will get worse before better

October 28th, 2015| 0 comment

The four miles of I-15 reconstruction is estimated to cost about $450 million. (Image courtesy UDOT)

Attention Lehi residents and anyone who drives on SR 92 in the city: It probably will be five years before there are any traffic improvements in the area. City leaders know traffic is a major concern, especially with all the new development. But that’s not a city road, so Lehi can’t make changes to improve it.
“We have been meeting with UDOT for up to two years, working on creating a transportation plan for that area, including some significant infrastructure improvements along I-15, redesign of the exit and creating additional traffic options for east to west,” said Cameron Boyle, Lehi spokesman. Those plans include extending Triumph Boulevard over I-15, near the new hospital.
But that’s years away. And construction in the area, called the Lehi Technology Corridor, is booming and adding cars to the congested road:

• The Summit Office Building, on Traverse Mountain Boulevard, will be three stories and 60,000 square feet. It’s scheduled to open in summer 2016.
• Ancestry.com office building, on Traverse Parkway, will be 202,000 square feet.
• Terrace at Traverse Mountain, at Triumph Boulevard and SR 92, will have 238,000 square feet of retail and restaurant space and includes Harmon’s grocery store. It’s scheduled to open next year.
• Traverse Ridge Center on Triumph Boulevard is part of a three-phase center that includes the existing Oracle building, a 6-1/2-story office building and a third phase that’s being designed.
• UCCU Office Building, on Triumph Boulevard, will be a seven-story office building with 70,000 square feet.

When Lehi made a Facebook post last week about the new buildings, commenters weren’t excited — they were concerned about traffic and water.
“Yikes!! It’s already such a mess through there with traffic. I sure hope there’s a transportation plan to go along with all these new buildings,” one commenter wrote.
Another said: “You’ve really got to figure out another way to let residents get from one side of the freeway to the other. Both sides of SR-92 are already packed, with the west side completely overloaded. It makes living here miserable.”
Lehi’s concerned too. “We recognize the significant need in the area,” Boyle said. “We’ve been working tirelessly to get them to bump it up if at all possible. Obviously with the traffic concerns in the area it could slow economic growth.
“We feel like … it needs to happen soon if not yesterday.”
The challenge in getting the project pushed up is that the state Legislature needs to look at needs of the whole state, and projects in other areas have been prioritized over Lehi, he said.
“We’re trying to express how important this is to happen now.”
The city has hesitated posting information about the project because it’s only in the beginning planning stages but will do its best to communicate information to the public, Boyle said.
The project, at a cost of $450 million, includes reconstructing 4 miles of I-15 through Lehi, replacing 13 bridges, reconstructing the SR 92 interchange, building the Triumph Boulevard bridge and more. Construction would begin 2020 and would be finished in 2021.
As for water concerns in the area, Boyle said Lehi requires developers to bring water shares to the city for projects. Lehi had to implement water conservation measures this year, but that was because of the dry winter not new developments.

Cut and paste the link below to view the article

http://utahvalley360.com/2015/10/28/traffic-sr-92-lehi-will-get-worse-better/

Hey Mayor Bert Wilson, time to start enforcing and adhering to City code exactly as it is written

The Mayor of the City ultimately responsible to make sure ALL city code is adhered to and enforced exactly as it is written. The Mayor and other members of his administration and staff can't pick and choose which codes they will adhere to, enforce or ignore.  We elected our Mayor to make sure he does not play favorites, but is judicious and makes sure city code is enforced exactly as it is written.

We as citizens of Lehi don't get to pick and choose which laws and city codes we will obey. We are expected to obey the law and live within the guidelines (city code) set forth by the city. 

Have you ever been stopped by law enforcement for speeding?  Have you ever needed to get a permit for anything from the city?  There are laws and city code that we are all expected to obey. When we don't obey the law, we get a ticket or are arrested.  When we don't adhere to city code, we are subject to a fine.

So Mayor, it is time for you to make sure "The City" is also in compliance with adhering to and enforcing city code exactly as it is written.

YOU DON'T GET TO PICK IN CHOOSE WHICH CODES YOU WILL ADHERE TO AND WHICH CODES YOU ENFORCE, YOU MUST ADHERE TO AND ENFORCE THEM ALL EXACTLY AS IT IS WRITTEN.

Let me give you and example of where the Mayor and the City have chosen to ignore city code.  I am certain all of you who read this can come up with your own example.  Or, maybe you could come up with an example of where the Mayor or City has selectively enforced various city codes or laws. Quite possibly, you were on the wrong end of that selective enforcement.

My example comes from Chapter 28 of the Lehi City code.  Chapter 28 governs Resort Communities, specifically in my example, the Thanksgiving Point Resort Community.

Here is what the code says:

Section 07.050 Public Support REQUIREMENTS

The large scale 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.

A. Fire/EMS Substation. One half 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 Transaction.  A space within a facility shall be provided to the City without cost where in 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 Department.

This is the specific language in the code which is not be enforced or adhered to by the City of Lehi.

Did you know that in Chapter 28, section 28.010 Purpose and Intent, subsection C it states

Capture previously unreachable tax revenues by

PROVIDING INCENTIVES AND ATTRACTION FOR BUSINESS OWNERS AND RETAIL OPERATORS FROM OUTSIDE THE STATE TO LOCATE IN THE NEW DESTINATION COMMUNITY OF LEHI CITY.

Now how many of the business owners or retail operators do you know who have their headquarters outside the State of Utah?  Not very many, I can assure you.

It also says in section 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.

This to my knowledge has not happened.  I personally would like to have additional security services in the Thanksgiving Point area.  I have had my car broken into as have many other people who live in my neighborhood.

There are numerous sections of Chapter 28 that the city is not adhering to, enforcing and have chosen for whatever reason to ignore.

This is only one chapter of dozens which the City is responsible for making sure it too is adhering to and enforcing exactly as it is written.

We elected the Mayor and City Council members to represent the citizens of Lehi and we expect you to make sure you adhere to and enforce the code exactly as they are written. You don't get to pick and choose or skirt the law and the code for special interest groups or individuals, you must treat everyone equally and fairly.

If you know of a law or code the city is choosing to ignore, enforce or adhere to, please feel free to leave a comment. 

Metalmart Inc., other businesses concerned about UDOT plans for east Lehi Main Street

Traffic backed up on the Main Street and State Street intersection is pictured on Thursday, Feb. 18, 2016 in Lehi. The city of Lehi is holding an open house for residents to submit input in a new development project in the area. DOMINIC VALENTE, Daily Herald

The Utah Department of Transportation has stirred up a hornet’s nest with its proposed upgrades to Lehi’s Main Street east of I-15.
“This is going to obliterate this area right here. It’s going to devastate the businesses and the property values,” said Richard Mendenhall, WPI president and investor in The Meadows Lehi extension.
Businessmen turned out Thursday evening to let UDOT know they weren’t happy with plans to kill a westbound left turn entry on the stub that remains of State Route 73 in east Lehi.
Hardly more than a quarter of a mile, that stretch of five-lane corridor connects Lehi downtown with State Street and a commercial center.
Engineers, planners, UDOT staff were at the open house to answer questions and to listen to concerns. UDOT was taking written comments and will look at the input to see if any adjustments can be made.
The current proposed plan is to install a traffic light at 1200 East St., a road recently reconnected to State Street to provide ingress and egress to a new commercial center under construction. Additionally, a median would be built on Main St. to block U-turn traffic and left turns except at 1200 East for westbound motorists who want to access businesses on the south such as Texas Roadhouse, Culver’s, One Man Band and the Metal Mart.
“I think it will be a negative impact just because it limits access to our restaurant,” said Spencer Young, Lehi and Orem Culver’s representative.
“All’s I’m asking is for a left turn lane into 1350 East St.,” he said. “I don’t care if they have a median for the rest of the street. We need a break there.”
According to UDOT spokesperson Eileen Barron, the intersection for the traffic lights at 1200 East was chosen as the safest intersection.
“We’re planning to make some extensive improvements to Lehi Main Street at its intersections, and that is by adding an additional three lanes and improving traffic movements and improving safety,” Barron said.

She said 1200 East as a through street will also help the traffic flow.
The 1350 East intersection has had at least four times as many fender benders and T-bones as the five at 1200 East during the past year. Traffic would also become congested if a light was placed at 1350 East because of its close proximity to State St.
Asking Lehi engineer Lorin Powell about whether or not alternative routes were available on land behind the businesses from 1200 East to 1350 East, he said the master transportation plan doesn’t have alternatives chosen yet.
“I think some of that is up to the city and up to the developers in terms of internal circulation,” Barron said.
“Other options need to be proposed,” said Kevin O’Brien, Which Wich Superior Sandwiches owner.
“[The] !350 East St. needs an access point for those headed westbound in addition to the ability to get to The Meadows extension,” O’Brien said.

Lehi council members deny hotel because of applicant's callous behavior

 

Group of Lehi residents oppose planned hotel

 

Melanie Platt looks out the window of her home at back yards and the neighboring plot where a hotel development is planned on Monday, Jan. 11, 2016 in Lehi. Platt and some of her neighbors oppose the building of the 4-story hotel.
 

Shocked by rude and callous behavior by representatives for Glacier Investment, Lehi city officials on Tuesday night shot down an application to build a Holiday Inn Express hotel abutting Thanksgiving Meadows homes.

“I can’t honestly remember a time when the applicant wasn’t willing to sit down with the neighbors, and even though legally they had the ability and the right to do exactly what they want to do, every time they have been able to meet with the residents and maybe the residents didn’t get exactly what they want but they felt like there was a little bit of give and take, a little bit of meeting in the middle,” said Councilman Johnny Revill, who has served on the council for 12 years.

The mid-priced hotel chain had plans to build a four-story hotel at 3851 N. Thanksgiving Way. Guests would have a view of the Wasatch Mountains to the east and children playing in backyards to the west.

There is a setback of 90 feet from the hotel rooms to the property line. The indoor pool and food bar are part of a one-story extension at the back of the hotel.

The possibility of transient strangers watching their children from hotel windows had neighbors alarmed. The Lehi Planning Commission recommended a hotel concept plan approval in January.

At that time, the commissioners recommended the applicant work with the residents. Bruce Baird, counsel to Glacier Investments, said he did not know of that recommendation.

“The issue here is that it follows code,” Baird said. “This is perfectly legal. It follows the code.”

Baird denied having known about the commissioners' recommendation even though he had the city’s documents from the earlier meetings.

“I can honestly say I have never had an applicant, I feel, threaten us with a lawsuit basically if we vote this thing down,” Revill said. “I guess I’m disappointed in the applicant.”

According to Councilman Paul Hancock, if the council voted the application down, the city would likely be sued by the applicant and lose. Still, four council members gave an adamant “no” after Councilman Chris Condie made the motion to approve and voted yes.          

 

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“One of the things I did when I took the oath was to abide by the law,” Condie said, adding he hoped others would appreciate his stance.
 

Condie wondered if there was an eight-story office building going in adjacent to homes if that would be thought better than a four-story hotel. According to resident Melanie Platt, there are no other hotels in Lehi nor in the remainder of Utah County that back up to residential properties.

Before casting their vote the council members discussed asking the applicant to meet with the residents adjacent to the 2.5-acre site. The city attorney told them that legally the applicant did not need to comply with such a request.
“Given the attitude by the applicant, it would be a waste of time,” Councilwoman Paige Albrecht said of a proposed cottage meeting.

Comment:
A city DOES HAVE the right to deny an applicants application. According to "The Utah League of Cities and Towns Powers and Duties, a handbook for Utah Municipal Officials" a city may be able to deny an application, if on the record (public meeting) finds that a compelling countervailing public interest would be jeopardized by approving the application. The law does specifically provide that any applicant is ENTITLED to approval of their application if it conforms to the local ordinance. However, the law also allows for the denial of an application as described above. Most city council men and woman do not know the law allows them to deny an application (Chris Condie) and erroneously believe they MUST approve an application IF it meets all local ordinance criteria. This is simply NOT TRUE. (page 134 in the handbook). The reason most city councilmen and woman typically do not deny an application is fear of a lawsuit brought on by the applicant. Most cities do not have the budget to fight a lawsuit so they accept applications that may be harmful to their citizens. I applaud the city of Lehi in one respect for denying the application. On the other hand, it appears their reason for their denial may be more personal than denying it based on a compelling countervailing public interest. The case needs to be made by the City Council as to WHY there is a compelling countervailing public interest rather than simply denying it based on the applicants inability to meet with the local residents and not come to some middle ground in those discussions.

Click on the link below to view the agenda notes given to the Lehi City Council prior to the vote.  The relevant section regarding the note from Morgan L Cummings, Assistant City Attorney is on pages 6 - 8.  He wrote a lengthy explanation defining a compelling, countervailing public interest in the notes received by the Lehi City Council.

Agenda - Holiday Inn notes given to Lehi City Council