The Lindon City Council held a regularly scheduled meeting on Tuesday, June 3, 2003 at 7:00 p.m. in the Lindon City Center Council Chambers located at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson
Invocation: Toby Bath

PRESENT

Larry A. Ellertson, Mayor
H. Toby Bath, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember arrived 7:14 p.m.
Ott H. Dameron, City Administrator
Kristen Colson, Finance Director
Venla Gubler, Administrative Clerk

ABSENT

Jeff Acerson, Councilmember
Lindsey Bayless, Councilmember

The meeting began at 7:12 p.m.

OPEN SESSION

Mayor Ellertson observed that the Council could not act without a quorum present. He suggested that the citizens present could address their issues. The Council present agreed. Ms. Julie Packer of 1145 East 135 South and Ms. Sue Olsen of 164 South 1150 East addressed the Council on the issue of recycling in Lindon.

(Councilmember Hatch arrived at 7:14 p.m.)

Ms. Packer told the Council that she had participated in the recycling programs in Orem and in Denver. She commented that she had been able to cut the quantity of her garbage in half. She suggested that it takes an effort to recycle, but that the citizens of Lindon should do their part to preserve the environment. Ms. Olsen agreed and commented that our children should be taught this important principle also. Mayor Ellertson disclosed that Lindon City has discussed this issue with the City's contracted waste hauler. He asked for some particulars on Ms. Packer's experiences with recycling in Denver and Orem.

Councilmember Hatch disclosed that the landfill has a small program to recycle cardboard and that part of the problem with a recycling program is finding a market for the materials that have been separated and collected. Mayor Ellertson thanked Ms. Packer and Ms. Olsen for their reminder and for taking the time to discuss this issue with the Council. The residents thanked the Council for listening to their concerns.

A quorum was now present so the business portion of the meeting commenced.

MINUTES

The Minutes of the Special Budget Work Session of May 13, 2003 and the regular meeting of May 20, 2003 will be reviewed.

The Minutes of the Special Budget Work Session of May 13, 2003 were reviewed. No corrections were made.
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE SPECIAL BUDGET WORK SESSION OF MAY 13, 2003 AS SUBMITTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the regularly scheduled meeting of May 20, 2003 were reviewed. No corrections were made.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE MEETING OF MAY 20, 2003 AS SUBMITTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson reported that the City was continuing to negotiate with property owners along the proposed 700 North right-of-way. He noted that Lindon is coordinating financing of 700 North with Pleasant Grove. He reported that negotiations with the Forest Service for a right-of-way easement to connect 1200 East to 800 North were continuing. He observed that an upcoming event is being planned for "Public Lands Day" on the purchased foothill property. Councilmember Dain asked about plans to close public access on this land. Mayor Ellertson replied that the forest service would announce their plans soon. Mayor Ellertson announced that the local forest service office has a new ranger, Ms. Pam Gardner, who has expressed an interest in continuing a good working relationship with Lindon City.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Public Hearing - Proposed Budget for Fiscal Year 2003/2004. The City Council will hear public comment concerning the proposed budget for fiscal year 2003/2004. Two public work sessions have been held where the budget issues were discussed. Tonight, staff will present the issues associated with the proposed budget, including changes to the city wide fee schedule, and Council will then give direction to staff on each budget issue. The public hearing for budget adoption is scheduled for June 17, 2003.

COUNCILMEMBER HATCH MOVED TO OPEN THE PUBLIC HEARING. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Finance Director, Ms. Kristen Colson, directed attention to the proposed budget memo in the staff report. She observed that, as discussed before, the City's revenues are down due primarily to the slow economy. She noted that collections of property tax, motor vehicle tax, and sales tax in this current fiscal year are down from the projections. She commented that collection of court fines is also down. Within the enterprise funds, culinary water revenues are down. She commented that the rate structure amendment of 2001 promotes conservation and is working. The usage rate is down 22 percent. Mr. Dameron observed that he will be meeting with the City Engineer to make sure that the expenses for the culinary water system are being met.

Ms. Colson commented on predictions for revenue in the coming year. She pointed out that the most notable negative effect would be the opening of additional Home Depot stores in Provo and American Fork. A retail sales reduction of 35 percent is predicted for the Lindon store which could affect the sales tax revenues about $285,403 for the next fiscal year. Mayor Ellertson commented that the American Fork Mayor says that Home Depot management thinks that the Lindon store is losing sales because of the congestion. According to Mayor Barrett, the Home Depot management team is predicting no impact to the sales at the Lindon store when the new stores open. There was discussion. It was noted that a conservative approach would serve Lindon City better, and if revenues are higher than expected, a second look at the budget can be taken later.

Ms. Colson observed that expenses are cut back in this proposed budget to meet the expected revenues. Some of the expenses proposed for elimination or reduction are: cost of living and merit raises for employees, city logo clothing allowances, contributions to outside agencies, and the near elimination of capital projects. Mayor Ellertson referred to the minutes of the last meeting in which the teachers reported on the use of their grants and commented that cutting the budget in this area may send the wrong message. He proposed that the line item be removed from the budget for now, but if revenues are higher when reevaluated later, then the program should be reinstated. Mr. Dameron suggested a similar proposal for the employee raises. These proposals were discussed and agreed to by the Council.

Ms. Colson commented that capital projects are cut back to only those that are necessary in this proposed budget. She noted that there will be little or no acquisition of equipment and no positions will be filled in the Parks Department and the Storm Water Department. Mayor Ellertson questioned whether there may be need for part time help in these departments. Mr. Dameron replied that the budget does allow for increased part time help. Ms. Colson reported that gas and utilities' expenses will increase; liability insurance will increase; and, the City will continue to fund employee benefits at the present level, including the employees' insurance contribution. Mayor Ellertson commented that this budget discussion will be continued for two weeks, at which time, approval is scheduled.

Ms. Colson reported that police expenditures have been increased from $686,000 to $754,000, although fire protection services and animal control are down. Fire Services are down from $156,000 to $146,000, and animal control from $41,000 to $36,000. She noted that part of this reduction in the animal control budget is that Orem City Shelter charges are down because fewer animals are being taken there. Mayor Ellertson noted that there are three year grants for officers that are now being ended, so this may be part of the increase. Mr. Dameron commented that the public safety budget almost equals the property tax revenues. He felt that Lindon residents should be made aware that their property taxes help to pay for their police and fire protection.

Councilmember Hatch asked what items are included in the miscellaneous revenue item. Ms. Colson replied that this item includes leases of city property. Mayor Ellertson asked if there was any public comment. Ms. Barbara Walker, Lindon resident, commented that she was aware that this is a tight year, however, she feels that one project should be high on the priority list. This is to change the pioneer house replica in the Pioneer Park to be more historically correct. She listed the items that need to be changed, such as: lights, ceiling beam and finishing, fireplace, and door. She felt that the pioneer house could be used as a teaching tool for children to learn what sacrifices the pioneers had to make to settle this valley.

Ms. Colson directed attention to the budget issues. Budget Issue #1 is whether to implement a cost of living and merit increase for employees. The recommendation is to review the budget situation in December and readdress this issue then. The cost to implement this issue in the budget is $11,775 for the COLA increase and $16,910 for the merit increase. The item has not been included in the budget. Mr. Dameron suggested a straw poll of the Council. The Council reached consensus to follow the recommendations. Mayor Ellertson commented that the cost of implementing the issue quoted by Ms. Colson is a 1 percent increase and not the 2.2 percent as represented. Ms. Colson agreed to correct the amounts.

Ms. Colson informed the Council that Budget Issue #2 is whether to fund the insurance increase for employees. She noted that the increase totals $58.66 per month per employee. She also noted that the employees' contribution is $26.00 per month and the City pays the balance. The employees had discussed this issue at the last employee meeting and have agreed to forego the raises if insurance benefits are maintained. Mayor Ellertson commented that the insurance benefits are of more value to employees and that this benefit is non-taxable. Ms. Colson recommended that the City pay the balance of insurance costs after the employees' contribution of $26.00 and this amount is included in the budget. Mayor Ellertson asked if there was discussion. There was no opposition to this issue as recommended.

Ms. Colson introduced Budget Issue #3 as medical, dental and life insurance benefits for the Council and Mayor. She observed that several other cities do provide this benefit to their Council and Mayor. She estimated that the fiscal impact of implementation would be about $58,624. She recommended that this issue not be implemented this year, with the possibility to look at it again next year. It has not been included in the budget. The Council agreed to the recommendation.

Ms. Colson observed that Budget Issue #4 concerns an increase in the culinary water rates. She noted that the City Engineer has recommended that the rates be raised to coincide with the CPI rate to keep the fund financially sound. This would have an impact of about $15,343 and is included in the budget. Mayor Ellertson confirmed that Mr. Dameron would be reviewing the culinary water fund with the City Engineer. Mr. Dameron replied yes. He added that staff is not recommending a CPI increase for the sewer fund, although the City Engineer had also recommended a similar increase for this fund. He noted that there is a small reserve in the sewer fund that can absorb expenditure increases for this year. Mayor Ellertson asked what would happen to the fund when a possible upgrade to the sewer system for the west side of Lindon is implemented. Mr. Dameron replied that the costs will be anticipated and the fund evaluated at that time. There was a discussion of savings to the sewer fund caused by slip lining.

Ms. Colson introduced Budget Issue #5, a possible increase of 1 percent in the City's franchise tax rate. She recommended that the Council consider this increase. Mr. Dameron observed that the City is not the only one in tight circumstances and that residents are struggling also. Mayor Ellertson asked about implementation of the cell phone tax. A meeting was scheduled to discuss this and other budget issues.

Ms. Colson reviewed recommended changes to the consolidated fee schedule. She noted a change in the price of the cemetery plots. Mr. Dameron commented that this proposed price change is an average of surrounding cities plot prices and that this fund is subsidized by the general fund. He noted that the cemetery has looked beautiful since the landscaping contract was awarded three years ago. He also noted improvements to the cemetery that have been recently made–walls, an entry sign and flag plaza. Mayor Ellertson asked how many of the sites are occupied. Mr. Dameron replied that although is there is room for several thousand grave sites in the first phase, there are about 120 sites occupied at present. Councilmember Hatch asked how many are sold. Mr. Dameron replied about 1,000. Councilmember Hatch asked what happens to lots that are not occupied by those intended. Mr. Dameron replied that the lot can be returned to the City for the price paid less a $20.00 administrative fee. Mayor Ellertson confirmed that the cost for opening and closing a grave site was not changing. This was verified.

Ms. Colson noted that the price for a water relief petition is recommended to increase from $16,000 to $18,000 based on a share of North Union Canal water. Mr. Dameron commented that the market price for North Union Canal Company irrigation shares is about $19,000 each, so Lindon will not be leading the market. He also pointed out an upcoming petition that the Council will be hearing at a future meeting.

Ms. Colson recommended other changes to the fee schedule. The contractor clean up fee change, currently at $100 + tip fee, be raised to $250 + tipping fee and equipment rental. Discussion was held on how this increase may discourage contractors from letting the City clean up rather than doing it themselves. The garbage rate will increase to include the tipping fee increase from the landfill. The first can will go from $9.17 to $9.32 and the second can will raise from $4.30 to $4.45. Mayor Ellertson, Councilmember Hatch and Mr. Dameron discussed paying the tipping fee directly to the landfill rather than to the waste management company. Mr. Dameron requested Councilmember Hatch to have the landfill district send a letter explaining the benefits of paying the tipping fee directly. Ms. Colson reviewed the culinary rate increase. Mr. Dameron noted increased pumping costs that have prompted increases for the upper zones in the City. Mayor Ellertson asked if there were other questions or issues. There were none.

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

Adjourn City Council Meeting
COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL MEETING AND CONVENE THE REDEVELOPMENT AGENCY AT 8:24 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Convene the Redevelopment Agency and then the Municipal Building Authority (Budgets)
BOARDMEMBER DAIN MOVED TO ADJOURN THE REDEVELOPMENT AGENCY AND CONVENE THE MUNICIPAL BUILDING AUTHORITY AT 8:35 P.M. BOARDMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Reconvene the City Council Meeting
BOARDMEMBER DAIN MOVED TO ADJOURN THE MUNICIPAL BUILDING AUTHORITY AND RECONVENE THE CITY COUNCIL MEETING AT 8:40 P.M. BOARDMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Review and Action - Interlocal Cooperative Agreement for the Housing Consortium. This proposed agreement must be accepted and executed by Lindon City before June 20, 2003 to continue as a member of the Housing Consortium. The Council will review, discuss, and act on the particulars of the proposed agreement.

Mayor Ellertson asked if Provo's population of students was being used to calculate the share of funds distribution. Councilmember Hatch replied that grants are based on the per capita amount occupying rental housing. Mayor Ellertson agreed and noted that students are not in the market for permanent housing. He commented that if the students are included in the census figures of rental housing, Provo may have a disproportionate share of the funding.

Councilmember Bath asked how long the consortium had been operating. Councilmember Hatch replied that the cities in Utah County had been working as a consortium for about twelve years. Mr. Dameron observed that, for the most part, the cities of Utah County cannot qualify for funding on their own. The consortium allows these cities to qualify for housing grant funding. Mayor Ellertson agreed and added that knowing the basis for Provo's share only changes the negotiation position between the cities and does not change how funds are distributed. He felt that the other cities in the consortium should be made aware of how the proportions are calculated. Councilmember Hatch asked how many of the students live in Orem. Mayor Ellertson replied that many of the students that go to school in Orem live in Provo because that is where the student rental housing is located. Mr. Dameron pointed out that one improvement to the agreement this year is that now the funds can be used in any area of the city where they are needed rather then having to target an area for improvement. There was a discussion of the progress of a current housing project in Lindon City. Councilmember Hatch commented that this agreement does not cost Lindon City any funding that would otherwise have been allocated to them.

COUNCILMEMBER HATCH MOVED TO APPROVE THE HOME INVESTMENT PARTNERSHIP INTERLOCAL COOPERATION AGREEMENT AS PRESENTED AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER DAIN SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUSLY IN FAVOR (3-0) WITH TWO COUNCILMEMBERS ABSENT. THE MOTION CARRIED.

3. Review and Action - Change Order Request - Geneva Road Landscaping Project. 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 confirmed that this change order includes two additional areas added to the project and does not change the original bid. Mr. Dameron confirmed that this adds the landscaping of the corner of Main Street and State Street and the landscaping of the corner of 800 West and 400 South to the project. Councilmember Dain commented that the City must have had a good experience with this contractor so far. Mr. Dameron confirmed this statement. Mayor Ellertson questioned funding for this change order. Mr. Dameron confirmed that the funds were available and planned for in the budget.

COUNCILMEMBER HATCH MOVED TO APPROVE THE CHANGE ORDER TO THE GENEVA ROAD LANDSCAPING PROJECT AS PROPOSED. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUSLY IN FAVOR (3-0) WITH TWO COUNCILMEMBERS ABSENT. THE MOTION CARRIED.

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain had no report for tonight.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch reported that he had received a complaint from a citizen living in the Ivory Homes area on 600 North that an undeveloped triangular parcel was being used by local children as an ATV track. Mayor Ellertson suggested that the citizen talk to the parents of the youth using the private property. Councilmember Hatch acknowledged that these youth and parents are the complainant's own neighbors.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless was excused.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported that he had received a complaint about youths using the tables at Pioneer Park for skate board jumps. He added that he had notified the police to patrol the area. Mr. Dameron was asked about signs at the park prohibiting skate board use. It was also asked that the City Newsletter ask parents to caution their children about abusing public property. Councilmember Bath asked Mr. Dameron to investigate extending the "no parking" zone further east to the Utah Auto Sales driveway on Center Street. He cited safety concerns as the reason for this request. Mr. Dameron replied that he would request a recommendation from the public safety department. Councilmember Bath reported a weed problem along the North Union Canal on 750 East.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson was excused.

ADMINISTRATORS REPORT

Mr. Dameron:
1. Asked for hearing requests from the project tracking list. There were none.
2. Reported that a hearing had been scheduled for the July 1 Council meeting to hear a water share relief petition for the new Walmart. Councilmember Hatch reported on a conversation that he had with the selling property owners about water shares. It was noted that the purchase had included Pleasant Grove Water Company shares. There was a discussion of the use of shares.
3. Reminded the Council that the Mountain View Corridor Workshop would be held on Thursday, June 6.
4. Reported that the Public Works Department would be testing the recirculation pump at the new I-15 Interchange. Councilmember Bath reported that he had received calls concerning this use. There was a discussion of water conservation measures taken by the City.
5. Asked if the Council had noticed the new street signs that were being installed. He commented that the signs include the City logo and were easier to read. He also noted that the Lindon City Center Park sign was almost complete.
6. Requested participation numbers for the Municipal Officials Day at Lagoon.
7. Reported that UDOT has announced road construction plans for State Street.
8. Pointed out the copy of the Chamber of Commerce resignations included in the staff report.

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 MEETING AT 9:18 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - June 17, 2003

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