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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2003 Council Minutes » January 21, 2003 Minutes
January 21, 2003 Minutes
The Lindon City Council held a regularly scheduled meeting on Tuesday, January 21, 2003 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
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk
Kim Walker, Recreation Director
ABSENT
James A. Dain, Councilmember
Kevin Smith, Planning Director
The Meeting began at 6:16 p.m.
WORK SESSION
The City Council will meet jointly with the Recreation Director and the Citizens' Advisory Committee to review the recently completed recreational survey and provide direction for the city sponsored recreation.
Mayor Ellertson welcomed Kim Walker, the Recreation Director, and Lisa Armstrong and Stanley Stott of the Recreation Committee. He commented on the shift in opinion evidenced by the Recreation Survey. He asked if the committee felt that the shift is because a different segment of Lindon residents responded or because of a shift in demographics in the community. Mr. Walker responded that the shift in the population from older to younger families may be responsible. Mayor Ellertson commented that another interesting fact revealed by the survey is on funding sources and what residents are willing to contribute to a recreation program. He added that the problem seems to be what the City can afford to do based on the information in the survey. Ms. Armstrong noted that there would be some change in this response since the survey was conpleted completed because of the changes in the economy and the "job shifting" that has taken place.
Mr. Walker commented that the survey helped to raise the level of awareness of recreation needs in the City and pointed a direction for the City to go. He noted that his objective for the recreation program is to raise the level of all recreational offerings. He observed that the recreation committee spent some time developing this survey and sent out about 1900 of them to the local residents. Thirteen percent were returned.
Mr. Walker presented a summary of the findings. He commented of those residents that responded, forty percent of that them have lived in Lindon from one to five years, so are new to the City. The age range of the largest group of children is 6-12 years old and the second largest group is 13-19. He noted that most residents are using the Lindon City Park and commented that there is very small use of the other parks. He added that the recreation department wants to create an awareness of parks and bring the people out. Ms. Armstrong commented that the area of Lindon that received highest response was from the area between State Street to 400 East which is closest to the Lindon City Park. Mayor Ellertson added that this park is also the oldest and most established.
Mr. Walker commented that the income classification of most of the respondents was the group that made over $60,000 per family per year. He noted that Lindon's tax base is large, and growing. He informed the Council that the current programs offered by the department are basketball, baseball and soccer. He noted that the response states that churches are most used for recreation, which indicates the participation in Scout and Youth programs. He noted that only twenty-two percent are using the parks and that he would like to see this increase. Councilmember Bayless asked Mr. Walker if he thought that Lindon's larger lots might have more to do with residents not using the parks. Mr. Walker replied yes, but only for the younger children.
Mr. Walker commented that an interesting fact disclosed by the survey are those facilities that are rated as needed by the residents of Lindon. He noted that the number one request is for a swimming pool, which is the most expensive. He observed that this may have to do with the rates that residents are having to pay as a nonresident in Pleasant Grove. Mayor Ellertson asked if residents regularly used the Pleasant Grove pool. Councilmember Acerson commented that he knew some that went every week, but added that it would be interesting to know how many were in this category. Ms. Armstrong observed that many of her neighbors were buying the above ground pools for their yards. Councilmember Bayless commented that she uses the one at the gym.
Mr. Walker noted that walking or jogging paths are also wanted. He felt that this was an important part of the recreation and parks system. He suggested that the driving force behind deciding recreational needs is not the amount of programs that the City offers, but finding ways to increase the number of people coming out to the parks and then increasing the programs offered in the parks. He noted that residents asked for bicycle trails and children's play areas, tennis and basketball courts. He suggested that these items will help get people out into the parks. He added that pavilions are high on the list.
Mr. Walker observed that the current recreation programs of soccer and baseball are growing. He informed the Council that one of the concerns of the recreation committee is that residents want increased programs and facilities, but they are not willing to pay for it according to the responses given in the survey. They want increased services for but are only willing to pay $100 and user fees. He observed that another interesting fact is that over 50 percent of residents responding are willing to be involved in a committee and help with planning, and 60 percent of residents responding support a fee charge. In addition, 56% of respondents support a bond for more programs, but when responding to the question about paying for it indicate they are not willing to pay for them. The programs that residents would like to see added are sports related.
Mayor Ellertson pointed out the "comments" page of the report and asked if these are one time comments. Ms. Armstrong replied that she had extracted one hundred comments from the surveys for review. Mayor Ellertson felt that the comments seemed to be representative of the general feeling noted in the survey itself. He felt that some of the comments may possibly warrant a response. Ms. Armstrong replied that she would get him some names if they are available.
Mr. Walker observed that the recreation committee was hoping to have some direction from the Council on the priorities they see. He suggested that residents aren't aware of what issues are facing the City and felt that this may be the focus of a newsletter. He added that residents may not be aware of the City's push to acquire park land and the processes of planning these new parks.
Mayor Ellertson observed that recreational opportunities contribute to the overall well being of the community. He noted that the availability of high speed internet will also improve recreational opportunities at Lindon homes and benefit the quality of life for Lindon residents. Mr. Walker agreed and noted that many people see recreation and leisure as one and the same. Mayor Ellertson noted that the city could make more use of the internet to inform the public. Councilmember Bayless noted that most internet use is for recreation and free time activities. Councilmember Acerson commented on the safe use of the internet.
Mayor Ellertson read another comment from those extracted from the survey requesting the city to return tax money back to residents and having no recreation programs at all. Ms. Armstrong observed that many residents seem to think that the city has a "pot of money" that can be given back to them. Mr. Stan Stott asked if there was enough growth potential in Lindon to fund some of the recreational initiatives that are suggested by the survey. He suggested that recreational centers on the west side for the use of employees of businesses that locate there may be considered. He also commented that many of the uses requested, like lighted playing fields, are not wanted in current neighborhoods. These, however, can be designated on the west side before there are people living there.
Mr. Dameron commented on those residents that expressed interest in joining with Pleasant Grove in a pool partnership, especially since a previous survey had expressed the opposite sentiment among residents. Mayor Ellertson noted that there seemed to be a broad spectrum of opinion expressed. Mr. Walker agreed and observed that the survey seemed to raise awareness of recreation issues. He noted that there are differences between what Lindon offers and what people are requesting. The use of community parks by residents was discussed. Discovery Park in Pleasant Grove was compared to Lindon's parks. Mr. Stott commented that the tennis courts in Lindon are not being used. Mr. Walker replied that these courts did not promote the safety of the users because of their location, and that may contribute to their not being used.
Ms. Armstrong suggested that Lindon provide a swimming pool refund similar to the library refund. There was discussion of this proposal as well as offering Pleasant Grove a bubble for the pool. Mayor Ellertson commented that the costs of keeping the pool open year round might be excessive compared to the possible benefits and services. He added that the problem becomes the funding sources for these suggestions where the residents are not willing to provide the resources. Councilmember Bayless commented that educating the public may help in this instance.
(Councilmember Hatch arrived at 6:58 p.m.)
Ms. Armstrong agreed that letting the people know the sources of funding and the money available may help change the public perception that Lindon has a "pot of money." Mayor Ellertson agreed and added that many people are not aware of the ongoing projects. He commented that he thinks Lindon has made great progress towards recreational goals. In recent years the City has acquired land for parks and trails, however, the specific swimming pool and recreation center questions still need to be addressed. Councilmember Acerson felt that disseminating information may help to rally the community. There was talk of a separate mailing different from the utility bill. Councilmember Bath suggested one of the Thursday Open Houses as a forum. The problems of reaching the residents were discussed. There was also a discussion of using volunteer labor to help create and maintain facilities.
Mayor Ellertson suggested that the Council use the information provided by the survey to move forward. He asked that an analysis be created to study the feasibility of a local pool or to inquire of Pleasant Grove for an optional access. He thanked Mr. Walker and the recreation committee for their input. The meeting was closed at 7:08 p.m.
REGULAR SESSION
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Brock Nichols, Troop 1181
Invocation: Lindsey Bayless
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
ABSENT
James A. Dain, Councilmember
The Meeting began at 7:08 p.m.
MINUTES
The Minutes of the meeting of December 17, 2002, January 7, 2003 and the Minutes of the Executive Session of January 7, 2003 will be reviewed.
The Minutes of the regular meeting of December 17, 2002 were reviewed. The following corrections were made:
Page 4, Line 37: Replace the word "his" with the word "him."
Page 5, Line 32: Replace the word "it" with the word "is."
Page 5, Line 38,39: Replace the word "neighbor" with the words "neighboring property."
Page 6, Line 5: Replace the word "agreed" with the word "agree."
Page 10, Line 3,4: Replace the misspelled word "htat" with the word "that."
Page 12, Line 37: Replace the word "hearings" with the word "hearing."
Page 13, Line 3: Replace the name "Center" with the name "Main."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF DECEMBER 17, 2002 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Minutes of the regular meeting of January 7, 2003 were reviewed.
COUNCILMEMBER BAYLESS MOVED TO TABLE THE APPROVAL OF THE MINUTES OF JANUARY 7, 2003 TO ALLOW FURTHER REVIEW AND INPUT BY THE ABSENT COUNCILMEMBER, MR. DAIN. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Minutes of the Executive Session of January 7, 2003 were reviewed. The following corrections were made:
Page 1, Line 34: Replace the "????" with the phrase "irrigation system estimates."
Page 1, Line 36: Delete the word "the" after the word "that."
Page 1, Line 37: Replace the word "minimum" with the word "minimal."
Page 1, Line 40,41: Add the phrase "sustained in the past and those which will be incurred in the future as these losses occur annually" before the word "be."
Page 1, Line 42: Replace the word "forward" with the phrase "as the settlement."
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF JANUARY 7, 2003 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments
Mayor Ellertson explained to the Scouts present in the audience that their participation in the Pledge of Allegiance would be recorded in the official record of this meeting. He asked if there were any comments or questions. There were none.
MAYOR'S COMMENTS/REPORT
Mayor Ellertson reported that many of the items he has previously given updates on are still being worked on. He noted that air conformity with the Environmental Quality Standards would be obtained this month and UDOT funding would be available for the 700 North project. The UDOT approval of this project is pending for March and the funds may be available as soon as the second quarter of the year. He informed the audience that, in the meantime, Lindon is proceeding with engineering and planning of this access from I-15. He also reported a pending meeting for next week with the Provo River Water Users Association on the Murdock Canal Trail. He asked if there were any questions for him. There were none.
CONSENT AGENDA - No Items.
CURRENT BUSINESS
1. Discussion - Pleasant Grove High School - Senior Projects Program. Mr. Clark Blaisdell, Coordinator of the Pleasant Grove High School Senior Projects Program, asked for time to address the Council concerning this topic, and to thank Lindon City for the support received for this worthwhile program.
Mayor Ellertson invited Mr. Clark Blaisdell to address the Council. Mr. Blaisdell expressed thanks to the Council for the use of the Lindon City Center for the Senior Projects presentations. He also thanked the staff and the members of the Council for their participation in the judging and organization of the event. He presented the Council with key chains that had been like those given to those seniors of the high school that participated in the projects program. Councilmember Bayless replied that the education children from Lindon receive from the projects program is enough of a thank you for the City's help and support. Mr. Blaisdell praised the high caliber of students and athletes from Lindon. Mayor Ellertson thanked Mr. Blaisdell for the future leaders that he has helped develop through this program.
2. Review and Action - Amendments to the Land Development Policies, Standard Specifications and Drawings Manual. This is a staff request for the Council to approve the annual updates to the above referenced manual. This annual meeting with contractors and developers is scheduled for January 31, 2003.
Mr. Dameron noted the requested amendments to the manual. He commented on the success of this guide with the contractors, engineers, and developers that the Community Development Department interacts with on a daily basis. Councilmember Bath asked about the changes that had been talked about concerning C, C, & R's that conflict with City Code. Mayor Ellertson agreed that this information also needed to be added to the manual.
COUNCILMEMBER BATH MOVED TO APPROVE THE REQUESTED AMENDMENTS TO THE LAND DEVELOPMENT POLICIES, STANDARD SPECIFICATIONS AND DRAWING MANUAL WITH THE INCLUSION OF AN EXPLANATION THAT C, C, & R'S MAY NOT CONFLICT WITH CITY CODE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Review and Action - Amendment to the Citizen Initiated Traffic Calming Program Manual. This is a staff request for the Council to approve an amendment to the Traffic Calming Manual. This change would allow the traffic engineer to use his own professional judgement, with the concurrence of the City Council, to estimate the point score rather than conduct a formal speed and volume study in a requested area.
Councilmember Bayless expressed a concern that the outcome of the traffic engineer's estimate may be questioned. She agreed that the an opinion rather than a formal study would save money and time, but felt that residents may not feel that their concerns were heard and evaluated fairly by the City. Mr. Dameron explained that if a citizen or citizen group comes in with a petition for a traffic study and the traffic engineer does not feel that a full study is needed, the citizens and engineer will be invited to a council meeting where both will be heard and the Council can make the decision between an opinion or a full study.
Councilmember Acerson suggested a "point scale" or some way of measuring the need for traffic calming implementation rather than just the opinion of the engineer. Mayor Ellertson suggested that the engineer prepare a statement on why he is not recommending a full study. Mr. Dameron explained that the engineer will observe the area and base his decision on this observation. He pointed out a recent request on 600 North where Mr. Christensen spoke with the petitioner and the petitioner acknowledged that there was really not enough traffic to deserve a study. Councilmember Acerson suggested using a counter cord. Mayor Ellertson suggested using the traffic trailer to count the number of cars. Mr. Dameron assured the Council that the engineer would have a basis for his opinion, and that the decision would be up to the Council anyway.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE REQUESTED AMENDMENT TO THE CITIZEN INITIATED TRAFFIC CALMING PROGRAM MANUAL WITH THE UNDERSTANDING THAT THE TRAFFIC ENGINEER HAS A CLEARLY DEFINED BASIS FOR HIS RECOMMENDATION. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Discussion - Proposed "Takings" Ordinance. This is a staff request for the Council to review and provide input on a proposed "takings" ordinance which is now required by State Code.
Mayor Ellertson explained that the proposed ordinance is one that was adopted in Draper that the City Attorney has reviewed and recommended. Mr. Dameron asked about the federal legislation that is pending on this same subject. Mayor Ellertson acknowledged that a Utah Senator has backed legislation on the federal level that would preclude any local decisions and sends all such matters directly to federal court. Councilmember Bayless asked about the Utah League of Cities and Towns expressing opposition to the federal legislation. Mayor Ellertson suggested that the Council consider tabling this item until the pending legislation is resolved.
COUNCILMEMBER BAYLESS MOVED TO TABLE FURTHER DISCUSSION OF THE PROPOSED "TAKINGS" ORDINANCE UNTIL PENDING LEGISLATION IS RESOLVED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Discussion - Retreat Agenda. The City Council has scheduled February 8, 2003 as the date for the annual Retreat. The Council will discuss the meeting's agenda and provide direction for staff concerning the topics which will be discussed.
Mayor Ellertson noted that item #2 of the proposed agenda includes 700 North. Mr. Dameron directed attention to the copy of last year's agenda and the proposed agenda for this year. Councilmember Bayless suggested adding beautification to this year's agenda. Mayor Ellertson agreed. Councilmember Bath suggested that the issue of a zoning enforcement officer be discussed. The Council agreed. Mayor Ellertson suggested adding Youth Court and a review of the Emergency Response Plan. The Council agreed. The agenda was approved by consensus.
COUNCIL REPORTS:
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain was excused.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch raised a question about the unbuilt landscaping berm at the Total Health Institute site on 600 North since the construction of the new building. He felt that not enough room had been left to accommodate this required feature. Mr. Dameron replied that the site plan for the new building could be reviewed to see if it was included. He was asked to check into the situation and report back.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless reported that a street light was needed on the corner of State Street and 200 North at the entrance to the Lindon City Park. Mr. Dameron was asked to check to see if the light was just in need of repair or if a new street light was needed. The lighting plan for State Street was discussed and Mr. Dameron suggested that the firm preparing the lighting scheme for the Lindon Gateway Business Park be retained to do a plan for State Street and 700 North. Councilmember Bayless asked if the landscaping contractor doing the park maintenance could be asked to maintain the trails on 400 North and 400 West. Mayor Ellertson agreed that the contractor may be asked to do weed spraying, but expressed an interest in involving volunteer groups in the ongoing maintenance of the trail system. Mr. Dameron mentioned that the Gateway Trail also needs weed maintenance. Councilmember Bayless acknowledged receiving some complaints of regarding this trail also. It was decided to mention this problem to Johansen Thackeray.
STREET, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath mentioned a school crossing light that had been left on over the weekend. Mr. Dameron was asked to check on it.
PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER
Councilmember Acerson asked what phone number to call if a street light has gone out. Mayor Ellertson replied with the phone number. There was a discussion of the response time to such a report and Councilmember Acerson commented that he would inform the Council of the response time to his report.
Councilmember Acerson asked when the re-construction of the Lindon 600 South-1600 North Orem freeway exit would be starting. Mr. Dameron replied that the construction had been indefinitely delayed pending the transportation study and the objections to the proposed layout of the off ramps.
Councilmember Acerson asked about complaints to the City concerning the OHV use of his property on the east side. He informed the Council that the residents were complaining to him and asked for suggestions. There was discussion of the problems and possible solutions to post the property or set some times for use.
Councilmember Acerson informed the Council that the Character Connection may have some funding to augment the City's teacher grants program. The grant program was discussed.
Mayor Ellertson reported an asphalt patch that was not high enough to drain water into the storm inlet at 400 East 200 North. Mr. Dameron was asked to check with Don Peterson, Public Works Director.
ADMINISTRATOR'S REPORT
Mr. Dameron:
1. Reported the Engineering Coordination would be held Wednesday, January 22, 2003 at noon. Councilmembers Acerson and Bayless volunteered to attend.
2. Reminded the Mayor about the United Way Contributors luncheon at noon on Friday, January 24.
3. Informed the Council of a Public Safety budget meeting on Tuesday, January 28 at 10:00 a.m. Councilmember Bath commented that he was planning to attend.
4. Noted that the annual Contractor /Developer/ Engineer meeting is scheduled for Friday, January 31.
5. Reported that Kristen Colson, City Finance Director, had evaluated the proposed transfer station rate increase and how it will affect the city budget. She estimates that the cost to the City will be $10, 360 and suggests that the reserves in the fund can be used until a fee increase for residents can be approved for July 1.
6. Informed the Council that he had created a Hawkeye Team to propose an Employee Value Statement. The Statement included in the staff report has been presented and accepted by the employees at the last Synergy meeting.
7. Presented copies of draft proposals of the fire station dedication plaque and fireman's logo plaque. The size and cost of the plaques were discussed. A minor change was made to the way the Councilmember's names were listed and the proposal was approved.
8. Presented an update on UTOPIA from the last Board meeting on January 13. He reported that Director Paul Morris was attempting to gain support in other areas for this type of model government association. He noted that UTOPIA has acquired a permanent office in Murray and a lease option to buy the Murray City high speed internet system. It will be used as a model to demonstrate to potential investors how the system works. There was a report that the initial bonding offer would be ready in June 2003. He reported that the final feasibility studies will be ready in March and construction is tentatively set for Fall 2003. He reported that John Park, one of UTOPIA's staunch supporters and representative from Orem, has submitted his resignation to Orem City. There was a discussion of his new job and the search for his replacement. Mr. Dameron noted that there is no word yet on the successful applicant to replace Joe Melling, former City Manager for Cedar City. There was a short discussion of allowing advertising in the utility bill in response to a request by a high speed internet company. The decision was that there may be a perception that the City is endorsing this service and the request was denied.
9. Asked if there was a project on the tracking list that needs review by the Council. Councilmember Bayless expressed interest in the Utah Auto Sales expansion. There was discussion of various projects and it was decided to forego any reviews.
10. Informed the Council that the State of Utah had a new state law that regulates cities in adopting false alarm ordinances. The Council decided to hold the pending Lindon ordinance until the new state law was reviewed by the City Attorney.
11. Announced that Lindon City had been awarded a tree grant.
12. Pointed out a copy of a Daily Herald article on reduced work weeks in city government. He noted that some cities had converted to a four day- ten hour a day work week. The Council discussed the move by other cities and decided that it may impose a reduction in services on Lindon's customers that is not acceptable.
EXECUTIVE SESSION
The City Council will meet privately to discuss pending or reasonable imminent litigation. (Ut Code 52-4-4)
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL SESSION AT 8:56 P.M. AND CONVENE THE EXECUTIVE SESSION. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER ACERSON MOVED TO ADJOURN THE EXECUTIVE SESSION AT 9:24 P.M. AND RECONVENE THE CITY COUNCIL. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN
COUNCILMEMBER ACERSON MOVED TO ADJOURN THE CITY COUNCIL AT 9:24 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - February 18, 2003
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