The Lindon City Council held a regularly scheduled meeting beginning with a Field Trip at 5:30 p.m. on Tuesday, August 19, 2003 starting at the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

FIELD TRIP - 5:30 P.M.
The Mayor and Council members will meet at the City Center to begin a field trip to the east side of Lindon to view potential park properties.

Mayor Ellertson, Councilmember Acerson, Councilmember Bath, Councilmember Bayless, Councilmember Dain, Councilmember Hatch, Mr. Dameron and Ms. Gubler met at the City Center in the Conference Room. Mayor Ellertson commented that the reason for this field trip is to view and discuss the potential parks on the east side of Lindon. He outlined the itinerary for the participants as: first stop-the recent Canberra purchase; second stop-the potential purchase near the trail and 1200 East; and, final stop (if time)-the Murdock Canal near the trail and 900 East. Councilmember Dain commented that the canal company was becoming serious about covering the Murdock Canal and added that a major portion of the funding for this project has been committed. Mayor Ellertson agreed and observed that the final portion of the funding may be sought from the cities as an assessment. There was discussion of the impact this project may have on the cities of Orem, Cedar Hills, and Highland. The meeting was adjourned to the first park location.
The Mayor, Council and Staff gathered on an unimproved lane south east of the Equestrian Staging Area on the hillside east of the homes on Teton Drive. The Council discussed the boundaries and acreage of the parcel that had been purchased from Canberra Development/
Anexus Project Joint Venture Company. Also discussed were problems with dumping on the property and public access concerns. The property was viewed for park development possibilities. Councilmember Dain suggested a reinforced gate to limit access until development of the property into a park is completed.
The group then walked along the east-west trail located at approximately 120 North to an adjoining parcel which is being considered for a purchase negotiation. The location of the aqueducts crossing the property were determined. Councilmember Acerson and Mr. Dameron suggested ideas for park development.
The Mayor, Council and Staff then adjourned to the trail bridge across the Murdock Canal located at approximately 850 East and 120 North. Discussion was held about the plans to cover the Canal, create a parkway and turn the property to the cities for maintenance. The various uses the property could be developed into that may enhance residents' lifestyles were explored. Mayor Ellertson pointed out how the parkway could tie into existing city properties for an expanded park area. It was also noted that this multi-city parkway would eventually tie into the Jordan River Parkway and the Provo River Parkway. The field trip was adjourned at 7:05 p.m.

REGULAR SESSION - 7:00 P.M. (Lindon City Center)

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson, Mayor
Invocation: Jerald Hatch

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
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

The meeting began at 7:12 p.m.

PRESENTATION - Jim Bolser of Mountainland Association of Governments will present the Mayor with the "21st Century City" Award for Lindon City.

Mr. Jim Bolser observed that, in 1999, Lindon City Council had adopted a resolution to participate in the "21st Century Communities Program." Tonight, he presented the award for completion of this program and congratulated Lindon City on this achievement. He commented that Lindon now joins the ranks of only five cities that have reached this achievement out of the 30 cities that started the program. He presented the Mayor with a press release, banner and plaque. Mayor Ellertson accepted the awards on behalf of the city and told Mr. Bolser that the items would be displayed proudly. The banner was unrolled for press pictures. The audience applauded. Councilmember Dain commented that this achievement is due to the efforts of Planning Director Kevin Smith. His contributions were recognized and he was thanked. Mr. Bolser was thanked for attending.

PROCLAMATION - "Utah Fire Fighters for MDA Month - Fill the Boot" - August 18, 2003 to September 1, 2003.

Mayor Ellertson presented a recommendation for a proclamation from the local fire department and the Utah State Chapter of the Muscular Dystrophy Association. He read the proposed proclamation to the Council and public.
COUNCILMEMBER DAIN MOVED TO APPROVE A PROCLAMATION CALLING UPON THE CITIZENS OF LINDON TO SUPPORT UTAH FIRE FIGHTERS' FUND RAISING CAMPAIGN– "FILL THE BOOT"– TO FIND A CURE FOR MUSCULAR DYSTROPHY AND RELATED NEUROMUSCULAR DISEASES, AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

MINUTES

The minutes of the regular meeting of August 5, 2003 will be reviewed.

The Minutes of the regular meeting of August 5, 2003 were reviewed. The following corrections were made:
Page 4, Line 1: Add the words "of shares" after the word "lieu."
Page 8, Line 14: Replace the word "has" with the word "had." Replace the word "many" with the word "several."
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE MEETING OF AUGUST 5, 2003 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens Comments

Maureen and David Gren, owners of an apartment complex in Lindon, reported that they thought they were on the agenda this evening. Mr. Dameron replied that a misunderstanding seems to have occurred and the item is scheduled for September 2. Ms. Gren asked what preparation they might need to answer the Council's questions. She was referred to Mr. Smith for both verifying the meeting schedule and preparations.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson explained that the Council had just returned from a field trip to examine park property in the community. He reported that the Council was making progress in implementing their park plan and had examined promising proposals.

Mayor Ellertson announced that the Utah League of Cities and Towns annual meeting was scheduled for the second week of September in Salt Lake City. He asked the Council for their thoughts, ideas and suggestions for legislative policy recommendations. He explained to the audience present that one of the issues that will be considered for support by the League will be transportation solutions and funding. He added that other issues currently supported are governmental immunity and a sales tax on sales made through the internet. He asked if there were questions for him from the public.

Mr. Keith Leavitt asked if plans for parks on the east side include a cleanup of the property recently purchased by the National Forest Service. Mayor Ellertson replied that official recognition of this transaction will be held at an Open House scheduled for September 20, 2003. He observed that he expects the forest service to provide a plan than will address the issues of access and cleanup. He explained that the City and County had adopted a Trespass ordinance in anticipation of this policy. He also informed the audience that the City had recently completed negotiations to purchase a parcel immediately adjacent to the Forest Service purchase and was planning a "natural" park in this location. He added that additional park areas are being planned for the Dry Canyon Trailhead and the proposed Murdock Canal enclosure. He asked if there were other questions.

Mayor Ellertson noted that the Association of Public Treasurers had presented a plaque to Lindon City in recognition of investment policy excellence. He recognized the efforts of Finance Director Kristen Colson and City Administrator Ott Dameron in this achievement. He thanked staff for their care of city funds.

Mr. Dameron commented on a pending recognition for Mayor Ellertson at the Utah League meeting mentioned earlier. He informed the audience that Mayor Ellertson will be inducted as President of this Association during this conference. There was a short discussion of attendance at this conference.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Design Review - Utah Auto Sales. This is a request by Kevin Gallagher of Utah Auto Sales for a design review of a potential expansion of his business to property west of State Street at approximately 50 North State Street.

It was noted that Mr. Gallagher was not present, so consideration was given to Item #2 of the agenda.

2. Review and Action - Bid Award. Bids will be received and opened on Monday, August 18, 2003 for the construction of the Canal Drive Trail and the storm drain project on Main Street from 200 South to the City Center Park. The final bid tabulations will be brought to the City Council meeting. The bid opening date was extended due to a late addendum to the project.

Mr. Dameron informed the Council that the bids had been opened on Monday, August 18, 2003. He presented the bid tabulations to the Council. He observed that all the bids had come in very high and he had told the bidders that he would check the budget to see if enough funds had been allotted for this project. He reported that the budgeted amount for this project was not enough to award the bid to the lowest bidder. He recommended that all bids be rejected at this time and that consideration be given to separating the projects and rebidding the trail this fall and the storm water project next spring. There was discussion of the trail grant and its expiration date.

COUNCILMEMBER DAIN MOVED TO REJECT ALL BIDS AND EVALUATE SEPARATING AND ADVERTISING THE PROJECTS FOR REBIDDING IN LIGHT OF BUDGET CONSTRAINTS AND GRANT LIMITATIONS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

It was noted that the representatives for the RDA item were not present. Mr. Dameron suggested that this item could be approved without a representative because all that it being approved is the type of business. He noted that the site plan will need to be approved later.

Adjourn City Council Meeting
Convene Redevelopment Agency to Consider a New Car Dealership

COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL MEETING AND CONVENE THE LINDON CITY REDEVELOPMENT AGENCY AT 7:50 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Re-Convene City Council Meeting

BOARDMEMBER DAIN MOVED TO ADJOURN THE REDEVELOPMENT AGENCY AND RECONVENE THE CITY COUNCIL MEETING AT 8:49 P.M. BOARDMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Discussion - Water Related Topics. The City Council will discuss water related topics to include water shares, underground water rights, Deer Creek water, and Jordanelle water with David Thurgood, City Engineer.

It was decided to hear the Council Reports until Mr. Thurgood arrived. See Below

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain commented that he had no report for tonight. A member of the audience, resident Larry Shipp, asked about plans for traffic control near the new interchange. Mayor Ellertson replied that Pleasant Grove City has been working with UDOT and was not aware of plans for solutions. He asked Mr. Dameron to call Pleasant Grove for an update.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch reported that problems with the landfill budget caused by lost C & D money were being overcome and returning to normal. He commented that the landfill board had made no decision on the disposition of the bailer. He also reported that BFI drivers were being instructed to tell the attendant that the loads they are carrying need to go directly into the building as a guarantee that the tipping fees are due to them instead of being diverted to other districts. He also noted that the ECDC is trying to find a place to put an alternate transfer station to be in direct competition with the cities. Mr. Dameron informed the Council of the date and time of the impending meeting with BFI and the transfer district director to discuss paying the tipping fee directly.

Councilmember Hatch reported a new project for affordable homes in Payson. He described the project as a development of ten homes in which the potential homeowners use sweat equity to purchase and work on all the homes in the project and not just their own. The project was discussed. He also informed the Council of a recent purchase by the Housing Consortium of a lead-based paint detector. He commented that the machine is available to test paint samples for all residents of the members' cities.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless commended the volunteer chairpersons of the various Lindon Days events. The Mayor and Council agreed with her assessment of the Lindon Days events. There was a short discussion of an impending merger and a parade entry.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported on a meeting with Chief Paul to solidify procedures to implement the new false alarm ordinance.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported that Lindon Days had proceeded well and without major incidences. He observed that the Chairpersons, Bruce and Lisa Armstrong, would schedule their final report when it was complete. He commented that the Armstrong's may agree to chair the event for another year, but he was not sure because they have a new business they are starting. Mr. Dameron suggested that one of the committee chairs may agree to be the overall chair. Councilmember Acerson agreed.

Councilmember Acerson reported that the Lindon Stake had just held a conference in which the focus was emergency preparedness, and in particular the importance of preparation for disaster both with food and training. He commented that the City may see some interest in the subject soon. Mr. Shipp asked how prepared the City was for emergencies. The Mayor, Council and Mr. Dameron informed him about the various preparations and training that the City has implemented.

It was noted that Mr. Thurgood was present and the time was turned to him for his presentation.

3. Discussion - Water Related Topics. The City Council will discuss water related topics to include water shares, underground water rights, Deer Creek water, and Jordanelle water with David Thurgood, City Engineer.

Mr. Thurgood displayed a spreadsheet which outlines the underground and surface rights that are owned by the City. He showed the amount of water that well rights are certificated for and how much water is produced from the four wells that the City operates. There was discussion of well permits and the State of Utah estimates on over allocation of water rights. Mr. Thurgood informed the Council that the study being conducted on the aquifers would help determine if the County is being "mined" for water. He commented that the farmers have commented on the dropping of artesian wells, and explained that the artesian wells and the deep culinary wells that the City has come from two different aquifers. Councilmember Dain asked if plans to pipe the Murdock Canal would affect the level of the artesian wells. Mr. Thurgood explained that the artesian wells have experienced a steady decrease and not an abrupt decrease during the winter that would be evident if the wells were being fed by the Canal.

Mr. Thurgood explained the different classification of irrigation provider shares. He informed the Council that some North Union shares are classified as "A" rights in the Provo River and the shares of the Provo River Water Users Association carry storage rights in Deer Creek Reservoir. He commented that North Union Canal Company is a share holder in the Provo River Water Users Association. He explained how the share allocation varies depending on the cfs flows being carried in the river. He also explained "carry over" of surface rights from year to year and how it is affected by spillage of spring run off. The Council discussed a recent letter from the Provo River Water Commissioner that informs the water users that the carryover owned by the Salt Lake Metropolitan District is almost used and will be gone by the end of this water year.

The discussion turned to water rights stored in Jordanelle Reservoir. Mr. Thurgood explained that Jordanelle is used to store Central Utah Project water of which Lindon has a contract for 925 acre feet per year. Mr. Dameron commented that the City has the right to exercise the option until 2007.

Mayor Ellertson asked how Pleasant Grove would return the water that was lent to them two years ago. Mr. Thurgood explained that the agreement with Pleasant Grove specifies that the water will be delivered to Lindon when requested. He added that Pleasant Grove had the option of delivering the water from any source available, or, if Lindon agrees, will make cash payment.

Mr. Thurgood then displayed a spreadsheet which details the amount (per 1000/gallon increments) of culinary water delivered to Lindon residents. He pointed out the growth of the City indicated by the increase in water delivered. He also noted that the output of the springs is showing the effect of drought. Mayor Ellertson asked if the amount of water delivered to residents can be used to determine the use of the sewer. Mr. Thurgood replied that water use goes up in the summer, where sewer use is more steady year round. He added that the sewer system has an "inflow" factor that is less of a problem now, but not eliminated. He observed that water use to sewer use is not a one to one ratio. Not all water that goes into a home goes into the sewer.

Mr. Thurgood noted a decrease in the use of culinary water during the summer because of widespread use of the secondary system for outside irrigation. Councilmember Acerson asked if there was some way to track increases in use due to development to see if conservation measures were helping. Mr. Thurgood replied that growth has flattened in recent years, but the system is not seeing that trend yet. He pointed out that most of Lindon's culinary water comes from wells and that the springs produced less than one percent.
Councilmember Dain commented that the Salt Lake Metropolitan Water District would probably be approaching cities that have remaining storage rights in Deer Creek to see if they will sell those rights. He suggested that Lindon should be prepared to decide how much of their storage rights are needed to buffer any remaining dry years and possibly consider selling the balance. This was discussed and it was decided that it would be better to sell the rights than to lose them to "spillage."

Mr. Thurgood then showed the Council a spreadsheet that tracks usage of water through the secondary system. He noted that most of the conservation here is the conversion of pastures and large gardens from flood irrigation to sprinkler irrigation. He commented that usage will decrease as property is developed. He showed how the secondary system saves water in the culinary system and the amount of water that would be used if there was no secondary system. The Council discussed the amounts of usage between the culinary and secondary systems. It was observed that previous Council's has shown foresight in establishing a secondary system. This system has taken the pressure off the culinary system and Lindon is in an enviable position. Lindon's water position was compared to surrounding cities without a secondary system. Orem must treat their secondary water to put into the culinary system, because they don't have this irrigation system.

Councilmember Dain asked Mr. Thurgood's opinion of a possible situation where Lindon could be accused of accumulating too large of a water rights buffer and thereby have these rights taken away. Mr. Thurgood replied that if the drainage is adjudicated by the State Engineer, many cities that have had the foresight to prepare for the future could be in danger of losing their rights. He pointed out that water can also be lost through nonuse.

Mr. Thurgood showed the Council a spreadsheet that enumerates the amount of water delivered by pressure zone. He noted the number of connections in each zone and the average use per connection. He pointed out the effect of smaller lots in Zone One. He then displayed a spreadsheet that demonstrates the difference of flows between the spring and summer in the North Union Canal from 1992. He noted that this information was not updated, but demonstrate how the yields per share can vary not only from year to year, but during the same year. The Council agreed that the yield in August should be the determining factor of how many shares to require from development.

Mr. Thurgood asked if he had answered all the questions that the Council had on water rights, and the culinary and secondary systems. The Council thanked Mr. Thurgood for his time and efforts on behalf of Lindon City. Mayor Ellertson asked Mr. Thurgood to project how much water right the City will need to meet build out. He asked if the City should plan to exercise the option to purchase the Central Utah Water Project water. Mr. Dameron pointed out that the City may not need the water in 2007, but that the right to the water may be a valuable asset to the City. The Council discussed the wisdom of allowing cash in lieu of water shares and how that may affect future water needs. Mr. Thurgood was asked to run projections for future use and equate that amount to a number of water shares. He was thanked again for his informative presentation.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Announced an engineering coordination meeting for Thursday, August 21. Councilmembers Acerson and Bayless volunteered to attend.
2. Noted a scheduled meeting with BFI to discuss the tipping fee on August 28 at 10:00 p.m.
3. Informed the Council of a meeting with Orem to discuss the sewer agreement on August 28 at 4:00 p.m.
4. Apprised the Council that the next meeting would include a public hearing on the annexation policy.
5. Informed the Council that progress was being made on the drafting of an ordinance to address Assisted Living Centers.
6. Asked the Council to review the project tracking list for hearing requests. Councilmember Hatch asked for Rimrock Development and Councilmember Dain asked for Good fellow. These requests were discussed and a consensus was reached to hear these items at a forthcoming public meeting.
7. Noted a copy of a letter from residents on 200 East. He explained the topic of concern expressed in the letter and then noted that there was no signature so that he could report the outcome of the investigation.
8. Reminded Mayor Ellertson of Board appointments that are pending.
9. Observed that the re-striping of 400 West had been completed today.
10. Informed the Council that Mayor Ellertson had requested a second review of the Minutes of the Meeting of July 15, 2003. Mayor Ellertson suggested some additional corrections. The Council discussed his corrections. It was decided that the additional corrections were warranted, to wit:
Page 5, Line 35: Replace the misspelled "ac" with "ad" before the word "hoc."
Page 7, Line 33-35: Set the phrase "THAT MULTIPLE FAMILY HOUSING AND ANIMAL RIGHTS CANNOT BE RESTRICTED BY DEVELOPER IMPOSED COVENANTS, CONDITIONS OR RESTRICTIONS" off with commas to clarify the meaning and intent.
Page 8, Line14: Add the word "generally" before the word "collecting." Add the phrase "cell phone tax in addition to the" before the word "maximum."
Page 8, Line 15, 16: Add the sentence "Lindon has not been collecting any cell phone tax and only 3.5 % of the energy sales and use tax."
COUNCILMEMBER BAYLESS MOVED TO REAPPROVE THE MINUTES OF THE MEETING OF JULY 15, 2003 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER BATH MOVED TO CONTINUE ITEM ONE, THE DESIGN REVIEW FOR UTAH AUTO SALES, TO THE NEXT MEETING ON SEPTEMBER 2, 2003. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

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

ADJOURN

COUNCILMEMBER DAIN MOVED TO ADJOURN THE COUNCIL MEETING AT 9:52 P.M. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - September 2, 2003

back to top