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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2003 Council Minutes » January 7, 2003 Minutes
January 7, 2003 Minutes
The Lindon City Council held a regularly scheduled meeting on Tuesday, January 7, 2003 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson,Mayor
Invocation: Toby Bath
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember (arrived 7:10 p.m.)
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 7:06 p.m.
ELECTION OF MAYOR PRO TEM - A Mayor ProTem will be elected from the members of the Council to serve in the absence of the Mayor.
Mayor Ellertson commented that, in the past, Councilmember Dain has served admirably in this position.
COUNCILMEMBER BATH MOVED TO NOMINATE COUNCILMEMBER DAIN TO SERVE AS MAYOR PRO TEM FOR THE CALENDAR YEAR OF 2003. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
MINUTES - The Minutes of the meeting of December 17, 2002 will be ready for review on January 21, 2003.
OPEN SESSION - Citizens comments
There was no public comment.
MAYOR'S COMMENTS/REPORT
Mayor Ellertson reported that progress is continuing on 700 North. The home at 785 North State was destroyed last night and gave the fire department an opportunity for training.
(Councilmember Acerson arrived at 7:10 p.m.)
Mayor Ellertson mentioned that Utah County will be in compliance with air quality soon and highway funding will be available by Spring. He noted that the city had acquired all the right of way between State Street and Geneva Road and was working on the remainder of the street to the interchange.
Mayor Ellertson reported on the Council of Governments meeting that was held last week. He Mayor Ellertson mentioned a presentation by TAG "Teens Against Graffiti" and noted that Lindon is using their services now. He recommended that the service be continued. Councilmember Acerson also touted the service received.
Other issues pending in Lindon are hillside protection and the trespass ordinance. He talked about legislative issues facing and affecting Lindon, such as the motor fuel tax, DUI funds and the certified tax rate. He reported that the motor fuel increase will not just benefit the State of Utah, but will augment the B&C road funds. He observed that the challenge to Lindon in this is that the State of Utah is looking for funding to reduce the deficit. He discussed the water fund being self sufficient rather than being funded by the general fund, which may also happen on a state level. Residents may expect to see surcharges to fund water projects. He explained that the DUI funds will support law enforcement issues dealing with drunk driving. Mayor Ellertson then discussed the CTR rate, which he explained is not a tax increase, but an accounting change that would base the percentage on the assessed amount of property taxes and not the collected amount of property taxes.
Mayor Ellertson reported on efforts to streamline sales tax and assess taxes on internet sales. He explained that this will affect Lindon and other tax-exporting communities. The proposal will apportion taxes based on the point of deliver delivery, rather than the point of sale, so anything shipped outside of the city will not accrue taxes for Lindon. He explained that this is being brought about by federal legislation and the states are working together to work out the ramifications. He mentioned that it could potentially detrimentally impact Lindon about $100,000 per year. He noted that he had a conversation with Senator Valentine to find a solution. Mayor Ellertson asked if there were questions or comments for him. There were none.
CONSENT AGENDA
1. Ostler Industrial Park - Reimbursement Ordinance (#2002-26). The reimbursement ordinance for Ostler Industrial Park was approved on December 17, 2002. The final draft is presented now as a consent item for approval. (See Below for discussion.)
Mayor Ellertson noted that there is one item on the consent agenda. Councilmember Bath noted that he had a question that required some discussion. Mayor Ellertson agreed that he had some questions also.
COUNCILMEMBER BATH MOVED TO SHIFT THE OSTLER REIMBURSEMENT ORDINANCE FROM THE CONSENT AGENDA TO THE REGULAR AGENDA. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CURRENT BUSINESS
1. Ostler Industrial Park - Reimbursement Ordinance (#2002-26). The reimbursement ordinance for Ostler Industrial Park was approved on December 17, 2002. The final draft is presented now as a consent item for approval.
Councilmember Bath asked if the Fords do not use the improvements, will they be responsible for the assessment. Mayor Ellertson agreed that the way the ordinance was written, it appeared to be the case. He suggested that the Fords will only be subject to the assessment is if they utilize the improvements. The Council agreed to the change in the ordinance. There was a question of the amount of time the assessment will be effective. Mr. Dameron replied that research had revealed that the time limit was 8 years rather than the 7 years previously thought. Mayor Ellertson noted a correction necessary from 150 East which should be 150 North. He also suggested some parenthesis needed on clause (e) of page 2.
COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE #2002-26 WITH THE CHANGES AS PROPOSED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Appeal - Planning Commission Approval of a Conditional Use Permit for a Twin Home in the Meadows at Bald Mountain Subdivision (R2 Overlay Project). The developers of this subdivision and a group of neighbors now living within Meadows at Bald Mountain are appealing the decision of the Planning Commission to grant a conditional use permit for an R2 Overlay project to Brian and Kim Casper for a twin home on Lot 10, Plat "A."
Mr. Smith presented this appeal of a Planning Commission action to approve, with conditions, an R2 Overlay application for a twin home on about 800 East and 600 North in the Meadows at Bald Mountain Subdivision. He informed the Council that the twin home was about 1800 square feet on each side. The R2 District has 19 available units. He listed those the Planning Commission conditions as mostly aesthetic issues for the unit to meet the neighborhood standards. There was a discussion at the Planning Commission meeting about C, C, & R's limiting R2 projects and this is the basis of the appeal.
Councilmember Dain commented that he did not see how C, C, & R's could trump city ordinances. He noted that one of the issues discussed by the Planning Commission is the setbacks if this is true, then setbacks and other city ordinances may be in question. Mr. Smith replied that the Planning Commission agreed with Councilmember Dain's comment. The city is required to follow what is in the city code. Councilmember Bath agreed. Mayor Ellertson observed that the Council had a discussion about this subject several months ago. He noted that the city deals with the ordinances and not the C, C & R's, Those which are for the between homeowners to enforce. The City has an interest in the community getting along and the challenge is the conflict between the city ordinances and the C, C, & R's. The R2 ordinance was adopted to allow the City to comply with State and Federal law and has been in place for a number of years. He added that in the past year, concerns were raised that prompted a clarification of the ordinance that it not be superseded by C, C, & R's.
City Attorney Gordon Duval advised that the city not be involved in approving or reviewing C, C, & R's. He observed that these contracts between homeowners can be changed at any time without the city's knowledge. He commented that the C, C & R's are a separated contract not relating to the city ordinances. The application was approved because it meets the city ordinances and cannot be denied because of the C, C & R's. Councilmember Dain questioned how the City can have an effective ordinance and meet the mandate if they don't get involved in reviewing C, C & R's. He also suggested that many people who would like to put in a twin home do not do so because they are not willing to fight the C, C & R's. Mayor Ellertson suggested that the R2 notice be made part of the DRC review and notify the developer that R2 projects will be part of their development. Councilmember Dain asked what recourse the City had for those developers who still put restrictions on R2 projects in their C, C, & R's. He wondered about fines to those who violate city ordinances.
Mr. Rex Daley suggested that if the developer is notified about the R2 ordinance, they can plan for it and possibly the City can specify lots that the project can be put on. Mayor Ellertson replied that the ordinance is written so that the first to apply and receive approval for a project becomes the base for everyone else to space themselves from. It may be hard to specify a lot and say "here is the place for an R2 project." Mayor Ellertson suggested that the city's best recourse is to promote awareness of the possibility and in the DRC review, warn developers not to limit this type of development. He noted that this could also apply to animal rights.
Mr. Smith asked for suggestions on how to better acquaint the public on R2 Overlay issues. Councilmember Dain suggested a generic disclaimer on every plat. Councilmember Bayless suggested an addition to the developer handbook.
Mayor Ellertson commented that most of the concerns of R2 housing is that the neighbors presuppose that these units in a neighborhood are undesirable. He asserted that this may not be the case and gave an example of his own neighborhood. Mr. Smith asked the Council to address the issue of noticing that had been mentioned in one appeal. There is also the issue of the accessory apartment number not being accurate. He explained that the notices are sent to the owners listed in the county records and are sent U.S. Mail. As for illegal basement apartments, the city can only list and account for the apartments that have been legally approved. He observed that he will work with property owners to make their apartments legal. Rose Southard asked if it is up to the neighboring homeowners to police the their own neighborhoods for illegal apartments. She asked if it wasn't in the City's best interest to police the neighborhoods because of lost fees. Mayor Ellertson replied that the City requires builders to get a permit and if city officials see the violation, they will do something about it. Ms. Southard asked if she is required to tell on her neighbors. Mr. Smith asked Ms. Southard if it was fair to hold all R2 Overlay applications to allow the illegal apartments to become legal first. The city was attempting to be proactive and are recording occupancy restrictions in the county records for those homes with second kitchens. The notice tells prospective buyers that the second kitchen is not approved for an apartment and cannot be bought with the assumption that it can be rented.
Mr. Daley suggested that the application should have been denied because it will not meet the square footage requirements of the neighborhood. He felt that each unit should be the minimum size in his restrictive covenants. Mr. Brian Casper objected that the lots were not big enough to allow a building double the size of any other home in the neighborhood. He felt the whole building may meet the size restriction, but not each unit. Mayor Ellertson agreed stated that the building should have an appearance in keeping with the other buildings in the area. Councilmember Hatch also agreed.
Ms. Casper observed that their goal is to build a nice duplex in keeping with the neighborhood. Councilmember Acerson commented that he felt the C, C & R's were not something that the Council or city staff should be involved in. Councilmember Dain suggested that if C, C & R's preclude the city from accomplishing their goals and meeting the state mandates, then maybe they should become involved. Councilmember Bath commented that the City can approve applications by following the ordinance. Councilmember Dain felt that some opportunities are lost because potential projects are lost to C, C & R's. Councilmember Bath confirmed that agreed with Councilmember Dain, who feels the ordinances ordinance is being jeopardized by C, C & R's.
Mayor Ellertson commented on the square footage question raised by Mr. Daley. He noted that he had consulted with the City Attorney and the restriction can be applied per lot. Mr. Daley felt it should be applied per single family unit. Mr. Duval clarified that the "dwelling" is the building. The building can contain separate living units, but the wording is "dwelling."
Councilmember Dain questioned how the City cannot be involved in reviewing C, C & R's when there are so many grey areas to interpret. He felt that the city should not allow C, C & R's from precluding R2 projects in development. This was discussed. Mr. Daley pointed out that the building is 1500 square feet and not 1600 square feet. Mr. Casper replied that they are in the process of adding to the footprint with an architect.
Mayor Ellertson observed that the Council deals with the city ordinance. This project is allowed by Lindon's ordinance per the Planning Commission. He asked the Council to consider if this project is buildable in accordance with Lindon ordinances. Councilmember Dain agreed that if there is something in the development ordinance that precludes the project, that is another matter. However, if it complies and the owner becomes involved in a lawsuit because they are complying with the ordinance, he felt that was a shame. He suggested enforcement for developers that break the ordinances. Mr. Duval felt that a note on the plat was a good suggestion. Mr. Smith suggested wording for the note on the plat. He commented that any restriction will be found invalid that prohibits the city from meeting state mandates. Councilmember Dain expressed concern about the threat of harm to residents who build R2 units. The Council discussed ways to enforce the ordinance on developers.
Mayor Ellertson suggested that another option for enforcement is that the developer buy the lot back. Councilmember Dain disagreed and noted that if the lot is bought back the opportunity for an R2 project is lost again. Mr. Casper observed that the developer did offer to buy the lot back at 2/3 what they had paid for it. He felt that they had been the scapegoat on every level. He also noted that they would back out now if they could, but are in too deep.
Mayor Ellertson asked if there was other discussion. There was none.
COUNCILMEMBER DAIN MOVED TO DENY THE APPEAL AND ACCEPT THE PLANNING COMMISSION RECOMMENDATION AS IS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
There was a short discussion on how this issue could apply to restrictions on animals when they are allowed in the city ordinance. Mr. Duval suggested a similar statement in the animal ordinance.
3. Discussion - OHV Track on Closed Landfill. This is a request by Russ Tucker for the Council to offer opinions on the possibility of an OHV Track on the closed portion of the old landfill at 200 South 2000 West. Mr. Tucker represents a group of OHV enthusiasts who are looking for a legal place to ride. He has been in contact with the North Pointe Solid Waste District about this possibility.
Mr. Russ Tucker presented his plan to operate an OHV Track on the landfill. Mayor Ellertson commented that he had met Mr. Tucker during discussions on the proposed uniform trespass ordinance. He told Mr. Tucker that Councilmember Hatch was on the landfill board representing Lindon. Mr. Tucker gave the Council some background on his interest in OHV operation. He informed the Council that Utah County sells more OHV's than any other county in the State of Utah. He asserted that it is a growing sport with families. He suggested that if the City would like to keep the youth and their bikes off the hills, they need to provide an alternative and attractive place to ride. He suggested that the landfill could be this place. He observed that if the dirt settles, it just creates a bigger bump and the only neighbors are the lake and the transfer station. Councilmember Dain asked if there are special mufflers required at the Salt Palace. Mr. Tucker replied no and discussed the noise issue.
Mr. Tucker presented the Council with pictures of other tracks. Mayor Ellertson asked what kind of acreage is needed for an acceptable track. Mr. Tucker replied 20-30 acres. Councilmember Hatch observed that the landfill contains about 50 acres. Mr. Tucker presented an architectural rendering of his plans. He plans a motocross track, a teaching track and a pee wee track. He wants to separate the levels of riding. He is also considering a BMX track and a skate board facility. All these attractions would have supervision.
Mr. Tucker would plan to import top soil on the landfill cap and would not breach the required landfill cap. Councilmember Bath asked how much topsoil he estimates it would take. Mr. Tucker replied that he can get pond sand a $1 per ton plus trucking costs. Councilmember Hatch cautioned about digging through the cap and the dangers of a methane gas ignition.
Mayor Ellertson asked what Mr. Tucker would like from the Council. Mr. Tucker replied that he would like a letter of support to the District. Councilmember Hatch asked how much dust would be created. Mr. Tucker asked about the availability of water. He talked about using sawdust to help hold the dust down and soften the soil. He felt that the site was viable because of the visibility to the freeway and the closeness of Wheeler Machinery for equipment needs. He asked for the support of the Council and a letter to the district that would state that the proposed use meets the Lindon City planning and zoning ordinances. Councilmember Hatch asked about landscaping. Mr. Tucker replied that he intended to continue the type of plantings the City had installed at the new interchange.
Mayor Ellertson asked if the dust would be an EPA issue. Mr. Tucker replied that the park ranger in Salt Lake had told him that the EPA monitors the dust levels there, and they control it with sprinklers and sawdust. Councilmember Hatch noted that the water in the pond is already owned. Councilmember Dain commented that it meets the zoning of the area and will meet a niche that is needed. Mr. Tucker informed the Council of his plans to open a service shop across the street from the landfill if all goes well. There was a discussion of fencing, insurance, and liability waivers. Mayor Ellertson asked if there were other questions. Mr. Dameron asked how to contact Mr. Tucker to deliver a letter saying that the proposed use meets the zoning. The approval process was explained and Mr. Tucker was sent back to the District for the next step.
4. Review and Action - Verizon Cell Tower Permit Expiration. Staff requests the Council to formally acknowledge the expiration of Verizon's cell tower permit and take action by motion to cancel the permit with the condition that this permit and application will not be renewed.
Mr. Dameron reminded the Council of the Verizon cell tower application that had been approved a year ago on the parcel across the street from the City Center. The conditional use permit has expired and the City has had no contact with the company in the last three or four months. City Attorney Gordon Duval has suggested that the Council take formal action to recognize the expiration of the CUP and inform the company that there will be no renewal. Mayor Ellertson noted that the company will have to apply for a new permit. This was confirmed.
COUNCILMEMBER BAYLESS MOVED TO RECOGNIZE THE EXPIRATION OF THE CONDITIONAL USE PERMIT ISSUED TO VERIZON WIRELESS FOR A CELL TOWER AT APPROXIMATELY 70 NORTH STATE STREET AND ADVISE VERIZON WIRELESS THAT THE CITY WILL NOT ENTERTAIN A RENEWAL, ONLY A NEW APPLICATION. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Review and Action - Employee Reclassification Request. Staff requests the Council to consider approval of a temporary reclassification of Wade Webb, Parks Maintenance Technician. This action has become necessary due to the recent retirement of the Parks Superintendent.
Mayor Ellertson noted the memorandum in the staff report. It was discussed and explained. It was observed that this reclassification would allow Mr. Webb to continue in the position that he has assumed since the retirement of the Parks Superintendent.
COUNCILMEMBER DAIN MOVED TO RECLASSIFY WADE WEB AS PROPOSED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Review and Action - Councilmember Assignments. Mayor Ellertson will present the proposed assignments for Councilmembers for the coming year.
Mayor Ellertson asked the Council if there were any who wished changes in their assignments this year. Councilmember Hatch suggested that the Youth Council may be moved to another Councilmember. This was discussed. Mayor Ellertson noted that nothing is unchangeable and suggested that, for the time being, the assignments remain.
COUNCILMEMBER ACERSON MOVED TO ACCEPT THE COUNCIL ASSIGNMENTS AS PROPOSED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Discussion - Trespass Ordinance. Mayor Ellertson has been working with the Utah County Commission and other cities in Utah County, through the Council of Governments, to develop a standardized ordinance for all entities which would provide protection for the foothills. The Council will discuss and provide input for this proposed ordinance.
Mayor Ellertson presented a revised and simplified version of the proposed trespass ordinance. This is being presented to all the cities in the Council of Governments for input and finalization in February. This version cites the state statutes and other applicable federal and state regulations so that if the state laws change, this ordinance will automatically change to match. He noted the penalty had been added also. Councilmember Hatch commented that the restrictions are not specific to the mode of travel or the type of property (public or private). Mayor Ellertson agreed and replied that the state laws say "person." He also informed the Council that the ordinance will apply to any property that is posted, whether it is public or private land. He added that vandalism of signs and fences is a separate issue. Councilmember Hatch asked how many of the cities in the County were favorable to this measure. Mayor Ellertson replied that most seem to be, however, Springville already has what they consider an adequate ordinance.
COUNCIL REPORTS:
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain presented the designs for the entry sign at the Lindon Park. The plans were examined and discussed. There was a discussion of watering restrictions and a possible mandate for no outdoor watering statewide.
SEWER. SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch had no report for tonight.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
Councilmember Bayless asked if dates had been set for the spring League of Cities and Towns events. Mayor Ellertson replied that he would find out.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath asked for Chief Tom Paul to be excused tonight because of another appointment with Pleasant Grove City. Councilmember Bath distributed information on the types of symbols that may be appropriate for display on the fire station. The Council discussed the various symbols and the dedicatory plaque.
PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported that the LDS Church has been notified of the need for a stop sign where traffic exits from the chapel parking lot onto 550 East near Canal Drive. Church officials have indicated they will install the sign. He asked about the progress on a patch for 400 North. Mr. Dameron explained that the reason the patch had not been done yet is that a repair is needed in the road under where the patch will go. Mr. Peterson has not had the time to fix it yet, but will be addressing this issue soon.
ADMINISTRATOR'S REPORT
Mr. Dameron:
1. Informed the Council that Councilmember Acerson had volunteered to represent the City at the Lindon Elementary Dare Graduation. Mayor Ellertson thanked Councilmember Acerson. Councilmember Acerson mentioned that he had received the application for the Annual Growth Awards from Envision Utah.
2. Asked if there were any projects on the tracking list that the Council would like to review. There were none.
3. Presented a copy of the proposed street lighting plan for Lindon Park Drive.
4. Noted a memo on projected sales tax impacts. He explained that a new Home Depot Store in Provo and American Fork and the proposed streamlined sales tax will affect Lindon's budget.
5. Informed the Mayor that the luncheon for the United Way contributors is scheduled for January 24th.
6. Recommended that the Council use the Open House dated in February and March to advertise information on Storm Water Phase II.
7. Set a date for the Retreat with the Council for February 8th. They discussed possible topics for the agenda.
8. Noted that Mr. Nyal Richins had posted a sign on Center Street.
9. Asked for an opinion on collecting business licenses for cell towers. There was consensus not to pursue this issue.
There was a short discussion and update on the Stable Ridge lot that had the setback problem. Councilmember Acerson asked about the progress of Dynamic City.
COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL SESSION AND MOVE TO 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.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE EXECUTIVE SESSION AND RECONVENE THE CITY COUNCIL SESSION AT 9:57 P.M. COUNCILMEMBER BATH 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 AT 9:58 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - January 21, 2003
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