Council rewrites park land broker deal, rezones 717 W. Main for KeyBank and In-N-Out drive-thru
April 27, 2021, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
The American Fork City Council revised its agreement with Mountain West Commercial to broker purchases of park and open space land, after Councilmember Rob Shelton urged quick action to buy south-side land for parks, a fire station and wells before prices rise. It rezoned 717 W. Main St. so In-N-Out can reroute its drive-thru with a KeyBank beside it, approved this year's PARC tax grants, and heard KT Dental's owners complain they must pay for utility work skipped when their lot was subdivided in 2017.
From the approved minutes.
Decisions at a glance
Agenda, item by item
Item Consent 2 · Roads and utilities
Notice of acceptance, 1100 West 350 South roadway improvements Phase 2
Approved · 4-0
Accepted completed public road improvements.
Item Consent 3 · Subdivision
Rockwell Ranch Block 1 Phase 1 guarantee release ($123,860.50)
Withdrawn
Struck from the consent agenda by Mayor Frost; no reason recorded.
- Proposed release: $123,860.50
Item Consent 4 · Budget
Ratification of payments April 7-20, 2021, and purchases over $25,000
Approved · 4-0
Routine consent ratification; itemized list not in minutes.
Item Action 2 · Appointment
Kathy Street appointed to Senior Center Board
Approved · 4-0
Appointed Kathy Street to the Senior Center Board.
Item Action 3 · Parks
Fiscal 2020-21 PARC tax disbursements
Approved · 4-0
Adopted Ordinance 2021-04-18 approving the PARC board's first-round grants (presented at the April 20 work session) and authorizing disbursement contracts. Community Services Director Camden Bird said about $165,000 remained unallocated; Councilmember Shelton asked about quickly reopening applications so both feuding choirs could get $20,000-$25,000, and the council sent that question back to the PARC board.
- GrantAmount not given
- Ordinance 2021-04-18
- Unallocated balance: about $165,000
Item Action 4 · Roads and utilities
2020 Municipal Wastewater Planning Program
Approved · 4-0
Adopted Resolution 2021-04-14R approving the annual state wastewater planning report.
- Resolution 2021-04-14R
Item Action 5 · Roads and utilities
Water banking agreement with Blue Peak Holdings LLC for 86.078 acre-feet
Approved · 4-0
Approved a water banking agreement in which Blue Peak Holdings, the Dixie Farms developer, banks 86.078 acre-feet of water rights with the city.
- Water: 86.078 acre-feet
Item Action 6 · Roads and utilities
Water banking agreement with Christian Lundahl for 10 acre-feet
Approved · 4-0
Approved a water banking agreement for 10 acre-feet of water shares.
Item Action 7 · Contract
Revised representation agreement with Mountain West Commercial for park land purchases
Approved · 4-0
Mayor Frost brought back the brokerage agreement after Mountain West Commercial objected to the non-exclusive terms approved April 13. Associate broker Mary Street said exclusivity gives landowners a single point of contact; Councilmember Shelton worried the firm would collect commissions on deals already under negotiation and urged a coordinated task force to buy land on the south side for parks, a fire station and wells before prices rise, noting bond proceeds sit unspent. The council approved the agreement with the city's prior approval required before any limited (dual) agency and existing properties under negotiation excluded. Park land costs, including broker fees, can come from impact fees.
- FeeAmount not given to Mountain West Commercial LLC
- Broker: Mountain West Commercial LLC (Mary and Bill Street)
- Commission: 3%, paid by sellers per agreement terms discussed April 13
Item Action 8 · Zoning
Zone change at 1155 E. 300 North from RA-1 to R1-9,000
Approved · 4-0
Adopted Ordinance 2021-04-19 rezoning the property to R1-9,000 residential.
- Ordinance 2021-04-19
Item Action 9-10 · Zoning
Land use and zone change at 717 W. Main St. for KeyBank and In-N-Out drive-thru fix
Approved · 4-0
Adopted Resolution 2021-04-15R changing the land use designation from Major Transportation Facilities to Design Commercial, and Ordinance 2021-04-20 rezoning from PF Public Facilities to SC-1 Planned Shopping Center. Applicant representative Steve Tate said the main goal is to reroute In-N-Out's drive-thru to fix stacking, with a KeyBank on part of the land to make it pencil; there is no Main Street access.
- Resolution 2021-04-15R; Ordinance 2021-04-20
Item Action 11a · Subdivision
King & McCleary Subdivision Plat A, 230 W. Main St.
Approved · 4-0
Approved the final plat in the CC-2 zone subject to April 7 Planning Commission conditions.
Item Action 11b · Development
KT Dental site plan, 332 S. 500 East
Approved · 4-0
Adopted Ordinance 2021-04-21 approving the site plan in the GC-2 zone. Applicant Jake Larson and engineer Ken Berg said the lot was subdivided in 2017 without required sewer stub and utility work, so they now must bore under 500 East and move power lines; they asked the city to share costs. Councilmember Carroll said new owners should not bear the burden if the city erred; staff will report back.
- Ordinance 2021-04-21
Item Action 11c · Subdivision
Mitchell Farms Plat D, about 730 N. 860 West
Approved · 4-0
Approved the final plat in the R1-12,000 zone. Councilmember Carroll was concerned that homes back onto a road.
Item Action 11d · Subdivision
Rockwell Ranch Block 5 Phase 2, about 620 S. 1100 West
Approved · 4-0
Approved the final plat in the TOD zone; staff said required open space was identified in an earlier block plan.
Item Action 12 · Contract
AT&T lease amendment for new monopole
Approved · 4-0
Approved a third amendment to the 2005 AT&T option and lease to replace a cell tower with a monopole about 4 feet away, with landscaping requirements.
Item Action 13 · Contract
Verizon lease amendment for Art Dye Park roundabout
Approved · 4-0
Approved a first amendment to the 2017 Verizon land lease to relocate facilities for the Art Dye Park roundabout.
What residents said
Developers paying for utility work skipped at earlier subdivision (KT Dental)
No one spoke at the hearing on the 19.369-acre Searle Annexation #3 or during public comment.