The Lindon City Council held a regular meeting on Tuesday, April 1, 2003 beginning with a Work Session at 6:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Don Peterson, Public Works Director
Venla Gubler, Administrative Clerk

ABSENT

The meeting began at 6:15 p.m.

WORK SESSION

The Mayor and Council will meet in a work session with the Public Works Director and the City Engineer to hear reports on the current year data and discuss issues and concerns for fiscal year 2003-2004.

Mr. Don Peterson, Public Works Director of Lindon, apologized for City Engineer Dave Thurgood's absence and explained that he had another appointment that could not be changed. He informed the Council about the capital improvement projects that are planned for this year. One project is to improve the storm water system by the bowling alley. The Council discussed the route of this storm water line through the Linden Nursery and Salisbury subdivision on the west side of State Street and under the dentist's office on the east side. Councilmember Dain asked how big the pipe is through this area. Mr. Peterson replied that he was unsure but thought that it might be about forty-eight inches in diameter. Councilmember Hatch commented that the pipe that goes through his property on State Street farther north is thirty-two inches in diameter.

Mr. Peterson told the Council that the road project for this year is the overlay on Main Street from State Street to 400 North. He informed the Council that he planned to put the fabric down and overlay this area because he felt that the subbase is decent enough to get by. He planned the same process on 200 East from Center to 200 South and from 400 North to 800 North. Mayor Ellertson confirmed that the water lines in these areas are adequate.

Mayor Ellertson asked what project was happening on 40 South. Mr. Peterson replied that the sewer line had settled in this area and created some backups. The sewer in this area is sixteen feet deep. To solve the problem, they relaid the pipe at seven feet and tied the lines together through a new drop-down manhole.

Mr. Peterson reported that a water line replacement project planned for this year is to replace the ten-inch steel pipe from the North Union Canal on 400 north to where it ends. It was disclosed that the pipe in on the south side of the street. Councilmember Dain asked about replacing services and noted that his is overgrown. Mr. Peterson replied that this would be a good time to do this. Councilmember Dain asked when the department planned to start this project. Mr. Peterson replied in July.

Mr. Peterson observed that one other item he wished to discuss with the Council is the secondary water schedule this year. He asked if they had any ideas for change to promote conservation measures more. He suggested using the Governor's recommendation of limiting watering from 10 a.m.- 6 p.m. rather than Lindon's current policy of 12 p.m.- 6 p.m. He informed the Council that the City is starting out with a 50% flow rate. He added that this is the same as last year, but residents may not have realized this because Lindon had storage water to make up the difference. This year will not be the same because the water authority is requiring the use of storage water. Mayor Ellertson confirmed that the Provo River Water Commission is not allowing the saving of water by using conservation measures. Councilmember Dain confirmed this report.

Mayor Ellertson commented that Lindon still has the water owed by Pleasant Grove in the Deer Creek Reservoir. Mr. Dameron asked Mr. Peterson if this water would still be available to Lindon to take. Councilmember Dain reported that it was his understanding that Lindon must use 40% of their carryover. The Council and Mr. Peterson discussed confirming this new policy with the Provo River Water Commissioner.

Councilmember Dain asked what ability Lindon has to tap other water sources. Mr. Peterson reported that there are the Hollow Water and Cobbley Water sources. He noted that there is a pump in the ditch to divert the water into the pressurized irrigation system. He reported a potential problem with this water, however, because although the City owns the shares, residents along the ditch are taking the water before it reaches the pump. This is causing the pump to run on a dry ditch. The Council and Mr. Peterson talked about informing the water company and the residents that this water is being used, and might need to be used the full summer this year to supplement the irrigation system. It was used last year to start the irrigation system early. Mr. Dameron noted that the Cobbley water serves the Zone Three Reservoir.

Mr. Peterson commented that it would be nice to bypass the Zone Three Reservoir to fill the other reservoirs, but that it was a long line. Mayor Ellertson asked if there was a way to close service valves along the way to isolate the reservoir. Mr. Peterson replied that the street intersections had valves. Mayor Ellertson commented that it would be nice to have the reservoirs full to start the season. The Councilmembers and Mr. Peterson discussed approaching residents to close service valves and facilitate this process. Mr. Peterson reported that there may be some water from the Gateway area that can be used also. Mayor Ellertson asked if the pump was on seasonal service at Utah Power and Light. Mr. Dameron noted that he would check the billing.

Councilmember Dain asked if the only change to policy needed to meet the water requirements of the City is to restrict watering from 10 a.m. to 6 p.m. Mr. Peterson replied that other measures may be needed later. He mentioned odd-even day watering, but felt that this sent the message that residents needed to water every other day. They really need to water every three to four days. Councilmember Dain suggested that a start should be made with the restriction of daytime watering and then see what is needed later in the season. Mr. Peterson agreed and suggested that the City encourage users to limit watering to every three to four days. The Council discussed the annual water letter with its guidelines and the newsletter. Mr. Peterson also suggested that residents be reminded to turn off their timers when it rains.

The discussion turned to reports and complaints of users watering during non watering times. Councilmember Dain noted that the City has taken the polite approach mostly in the past and no citations have been issued. Councilmember Acerson commented that allowing more frequent watering has set some habits that may be hard to change. Mr. Peterson observed that residents are going to see some changes in the City properties. He reported that the City is cutting back and that there will be some brown areas this year. He commented that this is an attempt to encourage the park lawn roots to go deep and will be best for the City in the long run. Councilmember Acerson suggested that the City may need to be more forceful and vigilant on watering.

Councilmember Bath asked what schedule the City is taking on watering the new interchange. Mr. Dameron replied that there will no water in the water feature on the Lindon side this year. He added that although it is recirculated, it is setting the wrong example. Mayor Ellertson asked what Pleasant Grove is doing on their side. Mr. Dameron replied that he believes they are planning to use their water feature. The Council discussed the water use on the interchange. It was noted that the lawns will be watered, but no excess water will be used.

Councilmember Dain asked Mr. Peterson what he suggested for the next step in conservation if needed. Mr. Peterson replied that once the water sources are running, he would have to look at the total amount of water and divide it between the areas so each area pulls equally on the reservoirs. He also suggested that flood irrigation users be advised on abuse and wasting of water. The Council discussed the ordinance and its provision for enforcement issues. Councilmember Dain commented that the present policy is to use door hangers and phone calls. He asked if the City should resort to citations and shutting off irrigation water. Mr. Peterson observed that the second step after the door hanger is a registered letter from the City Administrator with a ten-day notice. The Council requested a list of the violation letters for the Council's information. Then citations and shutting the water off will be considered.

Mayor Ellertson asked if the City has enough water to take care of the irrigation needs at a 50% flow rate. Mr. Peterson replied that it depends on the River Commission's stance on storage. Councilmembers Dain and Bath both commented that the River Commission seems to be promoting waste, if they are forcing the use of saved water. Councilmember Dain commented that a recommendation fromour engineer, Dave Thurgood, is appropriate, to help the city plan for this coming year. Mayor Ellertson observed that the Wasatch Front has now seen four dry years.

Mr. Peterson commented on the water level in the Deer Creek Reservoir being lower to allow repairs. The Council discussed river flows and the levels in Jordanelle. Mr. Peterson congratulated the Council on the sale of the Canberra hillside property to the Forest Service. He noted that he would work toward isolating Zone Three and check on the River Commission regulation for storage water. Councilmember Acerson also suggested a projection on what the water supply will be to determine future conservation measures. Suggestions were made for the final draft of the letter. It was reported that Wade Webb had been selected for the Parks Supervisor position. The Council thanked Mr. Peterson. The Work Session closed at 7:00 p.m.

REGULAR SESSION

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson, Mayor
Invocation: Jim Dain

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk

ABSENT

Kevin Smith, Planning Director

The Meeting began at 7:02 p.m.

MINUTES

The Minutes of the meeting of March 18, 2003 will be reviewed.

The minutes of the meeting of March 18, 2003 were reviewed. The following corrections were made:
Page 4, Line 33: Replace the word "Bid" with the word "Bids."
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE MEETING OF MARCH 18, 2003 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION

Mayor Ellertson commented that there would be one citizen to address the Council later, so he asked to defer the Open Session until then. He asked if there was any other comment. There was none. Go to Open Session.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson asked how Lindon would be able to use the storage water that had been transferred from Pleasant Grove. Councilmember Dain suggested that Lindon will be required to use the carryover first and save the current water for later use. Mayor Ellertson brought up the incorrect quantity of apartments being used by the Housing Consortium. Mr. Dameron reported that he had tried to get them to use correct numbers, but they are using the numbers from the census. Mayor Ellertson asked how the census got so far off. Mr. Dameron replied that the numbers seem to be the approved duplexes and other multifamily units, but the accessory apartments have not been counted. Mayor Ellertson asked Councilmember Hatch to try and correct the numbers. He asked Councilmember Hatch to let them know that they are leaving out a critical part of Lindon's housing program.

Mayor Ellertson commented that he would be checking with the League on the recommended changes to the "takings" ordinance. Mr. Dameron thanked him and noted that the attorneys are planning to bring this before the Council on May 18.

Mayor Ellertson commented that he would like to mention the irrigation situation to the public. He noted that Lindon is taking the water issue very seriously. The City will be providing information to residents on wise water use. He asked residents to take heed and learn from it. He added that Lindon may have to take more steps to enforce misuse of water than they have in the past. He asked residents to realize that we live in a desert and this year we do not have an unending supply of water.

Mayor Ellertson mentioned that progress is still being made on obtaining a trail along the Murdock Canal. He reported that there had been another meeting yesterday. Councilmember Bayless commented that she had discovered (by talking with Jim Price) that Metrowater owns 61% of the canal water. Metro water is a strong supporter of the Jordan River Parkway. She suggested that the director should be approached about the Murdock Canal Trail. Mayor Ellertson commented that the Canal Company is interested in pursuing plans to enclose the canal. He noted that this will take some time and he is hopeful that the trail will be opened prior to the closing of the open canal. There have been talks about not allowing unrestrained animals on the trail and options for enforcement of trail rules. He noted that the County is helping immensely in the process of negotiations.

Mayor Ellertson reported to the Council that the Planning Commission had approved, with conditions, the proposed Motocross Park on the landfill. It will be a temporary use for two years. He noted that the proposal will come before the Council shortly.

Mayor Ellertson announced that the closing had been performed between the Forest Service and private property owners on 200 hillside acres. These acres will now be preserved and not developed. There was applause from the Council and audience. He noted that Lindon City will be working with law enforcement and the forest service on access issues. Councilmember Dain asked if there would be a ribbon cutting. Mayor Ellertson replied yes. He added that residents should be aware that this acreage will be cleaned up and restored.
Mayor Ellertson asked if there were questions. There were none.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Public Hearing - Community Development Block Grant Project. This city's application for a CDBG grant has been approved. This is the second required public hearing and is scheduled for discussion of the project's scope, implementation, and its effects on residents. The City Council will hear public comment on the project which is the slip lining of the sewer pipe in 600 North Street between Geneva Road and State Street including a section between 500 North and 600 North State Street.

COUNCILMEMBER BAYLESS MOVED TO OPEN THE SECOND PUBLIC HEARING FOR THE CDBG PROGRAM. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Dameron presented an overhead of the project area. Mayor Ellertson stated that this hearing is being called to allow all citizens of Lindon to provide input concerning the project that was awarded under the 2003 Community Development Block Grant Program. The City amended its capital improvement plan and decided to apply for funds on behalf of a sanitary sewer service slip-lining project for 600 North from State Street to Geneva Road. Mr. Dameron mentioned that the application was successful in the regional rating and ranking process and the grant was awarded in the amount of $92,048.00. He added the total estimated cost of the improvement is $154,000 and the balance of the funds will be allocated from the City sanitary sewer fund balance. Mayor Ellertson asked if there was any public comment. There was none. Councilmember Acerson commented that he had attended the training with Planning Director Kevin Smith. Mayor Ellertson commented that the only other time a grant was received, it was returned because the amount was too small to fund a needed project. He noted that this grant is more significant. He asked if there was further comment. There was none. Mayor Ellertson commented that copies of the capital investment plan are available if anyone would like a copy.

COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER DAIN MOVED TO APPROVE TO PROCEED WITH THE CDBG DOCUMENT PROCESS AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF THE CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

2. Review and Action - Water Restrictions and Annual Water Letter to Residents. The City Council has requested that this item be put on the agenda to address water conservation methods and restrictions along with penalties for misuse of water for the coming water year.

Mayor Ellertson drew attention to the draft of the Water Restrictions and Annual Letter to Residents. He noted that the change in the restricted watering hours from 12pm-6pm to 10am-6pm. He asked if there were other suggestions for the letter. The Councilmembers noted that the letter should include the concerns of the City. It was noted that Lindon has received an initial allocation of 50% of the full water entitlement and that it is going to be a year that the City will need to be very careful with water. Councilmember Bayless suggested also that an addition be made that the City will be more closely following up on enforcement procedures. Councilmember Dain reviewed the issues to add to the letter. He observed that there will be more enforcement this year than in previous years, encourage residents to water every third or fourth day and restrict all watering between the hours of 10:00 a.m. to 6:00 p.m.

Mayor Ellertson agreed and explained that the City will be changing the policy to conform to the Governor's guidelines. He noted that this period is when evaporation is the greatest. Councilmember Bath suggested letting the residents know that the City is taking steps to cut back on usage also. There will be no water used for the water feature at the Interchange and the City will be reviewing watering schedules on city property. He also suggested that the letter ask for help in watching for broken sprinkler heads and to report watering overuse and abuse. Mayor Ellertson asked if there were other suggestions. There were none.

COUNCILMEMBER DAIN MOVED TO EXTEND THE NO WATERING PERIOD TO MATCH THE STATE RECOMMENDED PERIOD OF 10:00 A.M. TO 6:00 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mayor Ellertson commented that the other question before the Council on this issue is where we are in support of the existing ordinance. What enforcement steps will be taken? Councilmember Dain suggested the door hanger first. Then if that is ignored, a registered letter is sent. Mr. Dameron observed that the ordinance allows for water to be shut off immediately in the case of a "gross abuser." The Council discussed the procedures and decided to follow the steps as proposed and add a citation if necessary as a final step. There was a consensus on this proposal.

3. Report - UTOPIA Update. Paul Morris, Executive Director, and Roger Black, Chief Operating Officer, of UTOPIA will be present to give a report on the status of UTOPIA including a wireless RFP, legislative bills, and financing of the project.

Mr. Roger Black introduced himself to the Council. He commented that Mr. Paul Morris may not be coming as he had another meeting to attend in West Valley. Mayor Ellertson thanked Mr. Black for taking the time to come and report in person. Mr. Black distributed copies of his presentation notes. Mr. Dameron informed Mr. Black that he had kept the Council informed the progress of UTOPIA by handing out copies of the minutes of meetings and reporting to them what had been discussed. Mayor Ellertson explained to the audience that this program that the City is participating in is to implement fiber optics service directly to the homes and businesses of Lindon.

Mr. Black stated that he would like to highlight the things that have been accomplished in the last year. He noted that UTOPIA has gone through the preliminary startup phases. They have one full-time employee and several part-time employees. They have opened an office in Murray. The preliminary assessments and feasibility studies for each member city are complete. He noted that Dynamic City will be reporting the study for Lindon soon and a decision will need to be made on Lindon's future participation.

Mr. Black observed that developing the business model is the most innovative part of this undertaking. The model has been examined by a consultant group in Washington, D.C. and a report on their finding will be presented at the June meeting. An agreement between UTOPIA and Dynamic City has been completed. He touted this agreement as unique in that it is a joining of private enterprise and public enterprise to the benefit of both. This agreement will be approved by the member communities.

Mr. Black reported on recent developments that impact the UTOPIA project. He commented that the just completed legislature session has seen the passage of two important bills. House Bill 272 on Redevelopment Agencies is significant in that it allows communities that have surplus hair cut money to use those funds for telecommunications projects. UTOPIA participation will now open to any city in the state that has a Redevelopment Agency. He noted that this window of opportunity also allows hair cut money to be used for other things, like parks and recreation. Mr. Dameron commented that he didn't realize that parks and recreation were included. Mr. Black noted that there are some limitations.

Mr. Black commented that the second significant bill is Senate Bill 184. This allows municipal improvement districts to be formed to pay for telecommunications structure improvements. He observed that a 100% vote of property owners is required in the district but the district need not be contiguous. This may allow the improvements to be assessed to property owners and not fall directly on developers.

Mr. Black informed the Council that the Department of Agriculture has instituted a national program to finance the deployment of broadband to rural communities. This is a possible financial tool to bring this service to the rural communities of Brigham City and Perry. There is also a program sponsored by the Department of Homeland Security to fund wireless service for public safety users. He noted that nine of the seventeen communities in UTOPIA want to participate in this program. Mr. Dameron commented that Lindon partners with Pleasant Grove for public safety and Pleasant Grove is not a partner in UTOPIA. He asked if Lindon would qualify. Mr. Black replied yes. He described the wireless services they were planning for Chief Paul, who was present in the audience. He commented that a Laptop used in police vehicles to access information is presently being served by AT&T Wireless. This service is being phased out by June of this year and alternative services are more costly and not as fast. UTOPIA can provide the service at one to two megabits at 60 mhz for no extra cost. Mayor Ellertson asked if there was a time table for Lindon to commit to this service. Mr. Black replied yes. He noted that UTOPIA is testing the market at the present time and will have a decision by the end of May. At that time, they will invite the member cities to be participants.

Mr. Black observed that the last piece of news that he had is that Salt Lake City has elected to become a member of UTOPIA. Mr. Dameron asked how that would make a difference to the other member cities. Mr. Black replied that the presence of such a large market will attract service providers to use the system. He added that it was not a matter of the network desperately needing Salt Lake City, but it will increase the marketability of the network to service providers. He observed that this does not mean that Salt Lake City will move to the front of the line as far as construction of the network.

Mr. Black commented that he would now talk about UTOPIA's agenda for the next several months. UTOPIA has been talking with prospective service providers. He noted that if they are not successful at getting quality partners, the project will be disbanded. Hd added that the good news is that UTOPIA is having productive conversations and there is a good possibility of contracts with major providers. He was hopeful that in six weeks that an announcement could be made. UTOPIA is pursuing opportunities for funding from the industry. Industry leaders have been watching UTOPIA, and see it as a model. Major technology companies are hoping to increase demand for technology services by using similar projects. UTOPIA has been in conversation with two household names for possible purchases of bonds, potential grantors of bonds, and/or suppliers of electronics gear for construction of the network. UTOPIA is hoping to have recommendations for suppliers in June. The timetable at present is in three to four weeks be able to request proposals from construction companies. At present, UTOPIA is requesting proposals from marketing companies for advertising and information dissemination to member communities.

Mr. Black explained that the basic role of UTOPIA's plan is to have initial deployment by fall or winter of this year. Murray and Orem will be the initial communities for construction. The revenue stream should be started in January of 2004. Mr. Paul Morris arrived.

Mayor Ellertson asked how this could be accomplished so quickly. Mr. Black informed the Council that Murray is already constructed and Orem has tubes installed and only needs fiber. There is also a high take rate predicted in both cities. Mr. Dameron asked if Lindon would be in the second round of deployment or if we would be included in Orem. Mr. Black replied that Lindon would be included with Orem, and that the second round could be much quicker than previously planned. He noted that the goal is to expand the membership also. These new communities will be added to the construction schedule after the finish of the initial membership. He added that, although UTOPIA has a policy of welcoming new members, there is a fundamental commitment that no new member is placed in front of an old member.

Mr. Dameron asked Mr. Black to comment on Network Operation Control (NOC) facilities. Mr. Black replied that there is a need to economize at the outset, so existing facilities will be used. Initial spending will be reserved to hooking up customers. He noted that the participation of Provo and Spanish Fork will allow the network to have a "head-in." These networks will require a rental price and no construction price. He stated that the same situation will happen with the management of the network. Center 7 is located in Lindon and will be the location of this management hub. Mr. Morris added that Dynamic City is also located in Lindon now. Center 7 is hosting their lab. Mr. Black agreed that the network is growing quickly.

Mr. Black touched briefly on the challenges that face UTOPIA. He commented that the association is encouraged by conversations with service providers. He noted that funding is another huge challenge. He suggested that if the first challenge of service providers is solved, the second challenge will be easier to overcome. He added that this is looking more possible as time goes on. There is then the technical decision to make–what kind of network to deploy. He observed that the responses by the electronics companies to UTOPIA's queries will provide the information needed to answer this question. Mr. Dameron clarified that this is the passive versus active question. Mr. Black agreed. He noted that the network needs to be successful both technologically and commercially. The first customers will be the test market. The last challenge is the competitive response. He noted that he had touched earlier on the advantages of this network structure. He stressed the interest of the industry nationally and the interest of prestigious firms to help to help produce this market.

Councilmember Dain asked about keeping the network open to competition between providers. Mr. Black replied that there was a possibility of staging of the openness to lure service providers into the network. Mr. Morris clarified that UTOPIA is looking for strong, healthy providers to help build the system and make the system appeal to customers.

The Council and the UTOPIA representatives discussed financing prospects and the commitment of Dynamic City. Mr. Black commented that although the real innovation is the business model, the deployment of the network is no small challenge. The project needs to be managed so that it is accomplished on time and under budget. He noted that the association is looking to hire the best project management team possible. He asked if there were questions.

Mr. Morris explained that the UTOPIA representatives are going from city to city because they want to get this information out to the members. He informed the Council that Mr. Black is the member relationship director and any correspondence should be directed to him. UTOPIA is hoping to have a public relations structure soon to facilitate the information sharing. Mayor Ellertson thanked the representative for their time. Mr. Morris replied that Lindon is a critical member. He mentioned that Mr. Dameron is an outstanding board member and represents Lindon well. Mr. Dameron also expressed thanks to Mr. Black and Mr. Morris for coming to Lindon. He added that he was impressed with their enthusiasm and dedication to the success of this project. Mr. Black handed out business cards. Mayor Ellertson urged them to be careful in their travels.

4. Review and Action - Change Order Request - 700 North Utilities - Phase I, State Street to Geneva Road. This is a request by staff for Council's approval of a change order amount which exceeds the parameters of staff approval authority.

Mayor Ellertson directed attention to the information in the staff report. He commented that this is a significant change order, and according to policy must be approved by the Council. Mr. Dameron explained that there had been a wetlands issue when the project had first been put up for bidding. This issue has been resolved and the construction crews can move over on the right of way and install new storm drain lines and laterals that were not included in the original bid. This is an addition to the bid. He added that some of the road construction has been taken out of the bid so the total amount is very near the original bid price. Mayor Ellertson observed that this is an amendment to the bid. Councilmember Dain confirmed that the project will now include items that would have had to be done later. Mr. Dameron agreed and noted that the unit pricing remains the same, but the quantities change. Councilmember Hatch asked if fiber optic cable tubes are being installed. Mr. Dameron replied that two four-inch conduit are part of the construction. Mayor Ellertson summarized the discussion by stating that this change order request is an entire change of the project. The total amount will remain essentially the same. Any items removed from the bid now will be added to the road contract. This was confirmed.

COUNCILMEMBER DAIN MOVED TO APPROVE THE CHANGE ORDER REQUEST FOR THE 700 NORTH UTILITIES PROJECT PHASE I FROM STATE STREET TO GENEVA ROAD. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

5. Resolution # 2003-4 - Housing Consortium Distribution of Funds. This is a request by the Housing Consortium of Utah County to approve the funding distribution of the Consortium.

Mayor Ellertson commented that this resolution is an approval from the Council on how the Housing Consortium is planning to use the available funds. Mr. Dameron asked Councilmember Hatch if this year's funding will be impacted by the discussions with Provo. Councilmember Hatch replied no, that this year's projects have already been chosen by the Board. The Housing Consortium and the funding of projects were discussed.

COUNCILMEMBER HATCH MOVED TO APPROVE RESOLUTION #2003-4 AUTHORIZING THE USE OF LINDON CITY'S 2003 ALLOCATION OF HOME FUNDS AND COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FUNDS TO ASSIST IN THE DEVELOPMENT OF AFFORDABLE HOUSING PROJECT LOCATED IN UTAH COUNTY. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain had no report for tonight.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch also had no report for tonight.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless reported that the wind had damaged the Reagan Sign structure in the Lindon Park. She also reported that she had attended the North Utah County Arts Council meeting at the request of the Mayor. She reviewed what other communities are doing to promote the arts and mentioned in particular, American Fork's plans to build an arts complex in the north section of town. She noted that Lindon needs a citizen representative for the North County Arts Council. Mayor Ellertson added that a representative is needed for the County Arts Council also.

Councilmember Bayless reported that June 7, 2003 is National Trails Day. The County Trails Committee would like to commemorate the day with a big event. They would like the Legislators to come because they have allocated no funding for trails. In spite of that, there are positive things happening that they would like to showcase. She announced a State Trails Conference in September 2003. She asked questions about the League meeting next week.

STREET, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported that the police department is planning to apply for a grant for funds from the Homelands Security Program to consolidate the dispatch programs within the North Utah County communities. He noted that wireless capabilities will be a part of this. Lehi, American Fork, Highland, Alpine, Pleasant Grove and Lindon will be part of this program. Chief Tom Paul elaborated on the benefits and timing of this application. Mayor Ellertson commented that security issues are a popular theme. He promoted strengthening the neighborhood watch and emergency response programs. Chief Paul commented that Lindon was better than Pleasant Grove at promoting Neighborhood Watch. He promoted the next CERT training class. Chief Paul distributed the reports for the last two weeks and noted that another meeting had been set to review the budget for 2003-2004. Chief Paul was thanked for his report.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson announced a Lindon Stake mock emergency practice for next Tuesday, April 8, 2003. They are checking the communications system. A block captains' meeting is also scheduled for Thursday, April 3. Councilmember Bayless noted that the activated military list had been compiled and asked that David Mann be added to the West Stake List. Mr. Dameron added that the West Stake had also been received, but the Central Stake was still pending.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Asked for requests from the project list. There were none.
2. Reported that the mailing costs for Lindon Days programs are estimated at $340.00. He added that last year the City paid $250.00 and had complaints about delivery. It was noted that the extra expense would be included in the budget, but that the Fair Chairperson wanted permission to change the system of delivery. The Council reached consensus to approve the change.
3. Requested permission to change the name on the Lindon City Park sign to the Lindon City Center Park. There was also a discussion on the kind of relief structures that would be wanted for the sign. It was decided to keep to the same format as the sign at the 200 South on both sides of the park sign.
4. Reminded the Council of the Utah League of Cities and Towns Conference next week. The meetings will be in St. George on Wednesday through Friday.
5. Announced the Engineering Coordination Meeting to be held April 14 at noon. He noted that this a Monday and not the usual Thursday. Councilmembers Bayless and Bath volunteered to attend.
6. Noted that pending public hearings scheduled for the next meeting are the vacation of 600 North, the road impact fee for the west side, and an amendment of the ordinance concerning water shares on the west side.
7. Announced that the Pioneer Park pavilion was done and the restroom was almost done. He complimented Phil Brown, Chief Building Inspector, for completing these projects. Councilmember Dain added thanks for the improvements to the Veteran's Building. Mr. Dameron noted that the base for the park sign had been set.
8. Noted that the Western Transportation Corridor Study Committee had requested the use of the building for certain dates. He added that there were only two of the dates that were open. He commented that he would inform the Committee of these dates.
9. Reported that the Notice of Intent for the Storm Water Phase II project had been filed on time (March 10). He observed that the Council will be receiving this project for approval and review in September 2003 and an Ordinance will need adoption.

COUNCILMEMBER DAIN MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL AND CONVENE THE EXECUTIVE SESSION AT 9:06 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

EXECUTIVE SESSION

The City Council will meet privately to discuss the purchase of real property. (UT Code 52-4-4)
COUNCILMEMBER DAIN MOVED TO ADJOURN THE EXECUTIVE SESSION AND RECONVENE THE CITY COUNCIL AT 9:35 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION

Ms. Kelli Ellertson of 116 North 500 East told the Council that she is interested in helping to create a youth court program for Lindon City as part of Miss Pleasant Grove contestant service project . She stated that she had discussed the Pleasant Grove program with Lisa Young and was told that the Council budgets $4,000 per year, but that the court fees generally would cover the costs of the program. She had talked with Lin Bell of Lindon and she said she would be an advisor for the Lindon program. She felt this would be a great way to get the youth involved. She asked if the City would be supportive of her efforts. Councilmember Bath commented that this is a program the City has been interested in for some time. Councilmember Hatch suggested that Ms. Ellertson look for an advisor. He added that this is a big job. Ms. Ellertson agreed and noted that Pleasant Grove has three advisors. Mayor Ellertson observed that a request to an advisor coming from the youth themselves may have a better response. The Council reached a consensus to support Ms. Ellertson in founding a Lindon Youth Court. The group posed for pictures.

COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL AND RECONVENE THE EXECUTIVE SESSION AT 9:45 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

EXECUTIVE SESSION

The City Council will meet privately to discuss the purchase of real property. (UT Code 52-4-4)

COUNCILMEMBER DAIN MOVED TO ADJOURN THE EXECUTIVE SESSION AND RECONVENE THE CITY COUNCIL MEETING AT 10:04 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

ADJOURN

COUNCILMEMBER ACERSON MOVED TO ADJOURN THE MEETING AT 10:04 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - April 15, 2003

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