The Lindon City Council held a regularly scheduled meeting on Tuesday, March 18, 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: Josh Lyman
Invocation: Jerald Hatch

PRESENT

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

ABSENT

Lindsey Bayless, Councilmember

The meeting started at 7:07 p.m.

MINUTES

The Minutes of the meetings of February 25, 2003 (Joint Work Session with the Planning Commission) and March 4, 2003 will be reviewed.

The Minutes of the meeting of February 25, 2003 were reviewed. The following corrections were made:
Page 7, Line 6: Replace the words "not be" with the words "take some time for the are to be."
Page 7, Line 7: Delete the words "one day" after the word "in."
Page 7, Line 12: Replace the word "uses" with the words "types of open space."
Page 8, Line 16: Replace the word "are" with the word "have."
Page 9, Line 5: Add the words "that it could" after the word "agreed."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE MEETING OF FEBRUARY 25, 2003 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the meeting of March 4, 2003 were reviewed. The following corrections were made:
Page 1, Line 33: Replace the word "wold" with the word "would."
Page 1, Line 40: Add the name "Wardley" after the name "Mclaughlin." Replace the words "bond is" with the words "bonds are."
Page 5, Line 8: Replace the word "be" with the words "by being."
Page 11, Line 11: Replace the word "East" with the word "Lindon."
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE MEETING OF MARCH 4, 2003 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

There was no public comment.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson reported that progress on city issues has been made, but there is nothing specific to report. He asked if there were any questions for him. There were none.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Public Hearing - General Plan Amendment and Zone Change - Ordinance #2003-5. This is a request by Pacland/Walmart for approval to change the General Plan land use designation from Low Density Residential to General Commercial and the Zoning designation from R1-20 to GC for approximately 12 acres of property between 550 North and 600 North Streets. The Planning Commission recommended approval.

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

Mayor Ellertson commented to the public that this item pertains to a General Plan amendment and zone change for a parcel on about 600 North street. Mr. Smith displayed an aerial photo of the proposed area and explained that Lindon City had received an application for construction of a Walmart in this location from Pacland. He pointed out the boundaries of the parcel proposed for the business and noted that Walmart had acquired all the land within this area except the car lot at 550 North State Street and Jiffy Lube at 600 North State Street. He displayed the General Plan map and commented that the red area shown is designated as commercial and the yellow is designated as residential. He explained that the Lindon zoning map follows the same lines. This request is to re-zone the rear twelve acre portion of this parcel and change the General Plan from residential to commercial designation.

Mr. Smith reported that the Planning Commission had reviewed this same request last week on March 12, 2003 and had recommended approval to the City Council. He referred to their discussion recorded in the draft minutes of the meeting which had been distributed to the Councilmembers. He noted that most of the discussion had centered on site plan issues and added that the site plan would be reviewed by the Commissioners on March 26, 2003. He observed that the Council is not approving the site plan tonight, but it could be helpful to discuss the site plan issues to help clarify the decision on the General Plan amendment.

The Planning Commission discussed sound, noise, site lighting, water pressure problems, R.V. camping in the parking lot, trees in the landscaping buffer, status of 600 North and other items. He noted that one of the issues that might relate to the General Plan amendment is the replacement of 600 North Street. He explained that Walmart's idea is to locate the store such that it requires the vacation of a portion of 600 North between State Street and 780 West. He noted that there is a hearing planned to consider the vacation of 600 North on April 15, 2003. He added that the proposal is to make an alternate connection of 600 North to 700 North rather than State Street by finishing a portion of 800 West. He observed that there were three or four residents present in the Planning Commission meeting who expressed favor to this proposal and one who expressed an unfavorable opinion. He pointed out a proposed realignment of the east side of the intersection of 600 North with State Street to a 90 degree angle.

Mayor Ellertson asked the representatives of Pacland to come forward. He asked if there were questions from the Council or the public. Mr. Shell McPherson of Pacland introduced himself. Mayor Ellertson asked him if had anything to add to the discussion. Mr. McPherson confirmed that the Planning Commission had reviewed the application with his associate, Mr. Joe Geivett, last week. Mr. Geivett is preparing a list of suggested amendments to the site plan and comments from the Planning Commission to present to Walmart. Mr. McPherson added that Walmart is striving to make the store an attractive addition to the community. Mayor Ellertson and Councilmember Dain thanked the developers and Walmart for their conscientious, good-neighbor attitude.

Ms. Vickie Lyman asked if there would be a signal light on 600 North at State Street. This was confirmed by Mr. McPherson and Mr. Smith. It was also noted that a signal light will be placed on State Street at 700 North street. Ms. Lyman expressed frustration with back up of traffic at closely spaced signal lights. Mr. McPherson explained that the lights would be interconnected to facilitate traffic flow. Mayor Ellertson asked if there were further comments or questions. There was none.

COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY PACLAND/WALMART TO CHANGE THE MASTER PLAN LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL AND THE ZONING DESIGNATION FROM R1-20 TO GENERAL COMMERCIAL FOR APPROXIMATELY 12 ACRES OF PROPERTY BETWEEN 550 NORTH AND 600 NORTH STATE STREET. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0, ONE ABSENT).

Mr. Smith explained the approval process and meeting schedules. Councilmember Acerson asked if there were long-standing relationships with other companies that would develop the outside pads within the Walmart site. Mr. McPherson replied that the only confirmed lease lot is for a gas/service station. He pointed out this lot on the site plan. He explained that the other lots are available to any company that expresses an interest.

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

2. Review and Action - Bid Award. Bids were received and opened on March 6, 2003 for construction of the Geneva Road Landscaping project from 600 South to 600 North. The low bidder was T-Good Enterprises in the amount of $63,888.38. Staff recommends the contract for this project be awarded to T-Good Enterprises.

Mayor Ellertson commented that he had reviewed the summary of bids and added that it looked straightforward. Mr. Dameron agreed. He observed that the low bidder is T-Good Enterprises with a bid of $63,888.38. He noted that staff recommend approval. Mayor Ellertson asked if there were questions. There were none.

COUNCILMEMBER DAIN MOVED TO ACCEPT THE LOW BID OF $63,888.38 FOR THE GENEVA ROAD LANDSCAPING PROJECT AND TO AWARD THE CONTRACT TO T-GOOD ENTERPRISES. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Review and Action - Bid Award. Bids were received and opened on March 13, 2003 for construction of three water line projects - Main Street, from 400 North to 800 North - 400 West, from 400 South to 600 South - 200 East, from Center Street to 200 South. The low bidder was Westco, Inc. in the amount of $173,521.54. Staff recommends the contract for this project be awarded to Westco, Inc.

Mayor Ellertson observed that this item has to do with a bid on City water line projects. He listed the projects. He commented that it was interesting that Westco had been the lowest bidder on all three projects if taken individually. Mr. Dameron agreed and observed that this company had not won a bid on a public project before, but that their references are excellent. There was a short discussion of the references. Mayor Ellertson asked if there were any questions or comments. There were none.

COUNCILMEMBER ACERSON MOVED TO ACCEPT THE LOW BID OF $173,521.54 FOR THE THREE CITY WATER LINE PROJECTS AND TO AWARD THE CONTRACT TO WESTCO, INC. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Review and Action - Agreement for Engineering Services - 700 North Street Project. This is a request by staff for Council's approval of an agreement between the City and JUB Engineers, Inc. for complete engineering services associated with the construction of a new street, 700 North from State Street to the new I-15 Interchange. This proposed agreement is based on the long-standing relationship between the City and JUB Engineers, Inc., the fact that this firm has already been involved with other aspects of this project for several months, and the reasonableness of the proposed fee.

Mayor Ellertson introduced this proposed agreement with JUB Engineers for performing the engineering services for 700 North street. He mentioned that a portion of this project is federally funded. Mayor Ellertson noted that the only question he had was concerning the possibility of splitting the project. He asked if this occurs, would JUB consider splitting the fee. Mr. Dameron referred to the good relationship of this company with the City and felt that the firm would accommodate a request to split the contract if necessary. Mayor Ellertson asked if the fee charged was a percentage of the construction contract. Mr. Dameron replied that the fee totaled 6% of the estimated total cost of the project and was for design, not construction engineering. He added that the Council would not normally see this type of request for an agreement as JUB is held on a retainer, but since this is federally funded project, he felt it was appropriate. Mayor Ellertson recommended that the Council approve the agreement with the understanding that any monies paid will not be duplicated in a separate contract. He asked if there were any questions or comments. There were none.

COUNCILMEMBER HATCH MOVED TO APPROVE THE AGREEMENT WITH JUB ENGINEERS AS PROPOSED WITH THE UNDERSTANDING THAT ANY MONIES PAID UNDER THIS CONTRACT WILL NOT BE DUPLICATED IN A SEPARATE CONTRACT, AND TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Resolution #2003-1 - Amendment to the City-Wide Fee Schedule. This is a request by staff for Council's approval of an amendment to the City-Wide Fee Schedule to reflect a change in the charge for amusement devices related to a business license fee.

Mayor Ellertson observed that this proposed resolution had been discussed in the last council meeting and concerns the business license fee for amusement devices. He asked if there was further discussion. Councilmember Dain commented that the proposal seems much more fair to business owners than the previous fee. Councilmember Bath agreed.

COUNCILMEMBER DAIN MOVED TO APPROVE RESOLUTION 2003-1 AMENDING THE CITY-WIDE FEE SCHEDULE TO AMEND THE CHARGES FOR AMUSEMENT DEVICES RELATED TO A BUSINESS LICENSE AND SETTING AN EFFECTIVE DATE. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0, ONE ABSENT).

6. Resolution #2003-2 - Amendment to Personnel Policies. This is a request by staff to amend travel meal allowance amounts stated in the City's personnel policies to conform to Utah State's travel policies.

Mayor Ellertson observed that item is a resolution for amendment of the personnel policies. He noted that this item was also previously discussed. He confirmed that this would bring the City into alignment with the State per diem travel allowances. Councilmember Dain verified that the travel allowances would now follow the State of Utah guidelines.

COUNCILMEMBER BATH MOVED TO APPROVE RESOLUTION 2003-2 AMENDING THE CITY PERSONNEL POLICIES UPDATING THE TRAVEL MEAL ALLOWANCE AMOUNTS TO CONFORM TO UTAH STATE'S TRAVEL POLICIES. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0, ONE ABSENT).

7. Resolution #2003-3 - Need for the Housing Authority of Utah County to Operate in Lindon City. This is a request from Gene Carly, Executive Director of the Housing Authority of Utah County, for the City Council to adopt a resolution declaring a need for the Authority to provide services within the corporate limits of Lindon City. This request is in response to a change in the law which requires formal written consent for housing authorities to deliver programs in areas outside their legal jurisdictions.

Mayor Ellertson observed that since this program is not operated by the City, that authorization for the Housing Authority of Utah County to operate on our behalf was necessary. Mr. Dameron agreed and noted that Mr. Carly suggested the wording, which was excerpted from the Utah Code. The Council discussed the purpose and need for the services of the Housing Authority in Lindon City.

COUNCILMEMBER HATCH MOVED TO APPROVE RESOLUTION 2003-3 DECLARING THE NEED FOR THE HOUSING AUTHORITY OF UTAH COUNTY TO OPERATE WITHIN THE CORPORATE BOUNDARIES OF LINDON CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE (4-0, ONE ABSENT).

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain reported that he had recently attended the Provo Bench Water Company shareholder meeting. He explained that this water system operator is the "parent" to the North Union Canal Company, which supplies most of Lindon City's irrigation water. There was a short discussion of the canal systems. Councilmember Dain observed that water situation is down to 60 percent of normal. Mayor Ellertson commented that 60 percent of a North Union share is between three and one-half to four acre feet. Councilmember Dain asked if Public Works Director, Don Peterson and City Engineer, Dave Thurgood, were scheduled to address the Council at the next meeting. Mr. Dameron replied that they were scheduled for April 1st.

Councilmember Dain suggested that Lindon City issue a statement or consider a change in irrigation practices to alert citizens to this severe water shortage problem. He suggested a change in the no-watering guideline from noon to 10:00 a.m. to conform to the State's guidelines. There was discussion of problems and misperceptions involved in implementing even-odd watering times. Councilmember Dain added that the unused allotment of water in Deer Creek will not be allowed to be held in reserve this year. He noted that Lindon is required to use 60 percent of its carryover water from previous years during this year's irrigation season.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch reported that he was not in favor of Provo City's last proposal to the Housing Consortium. They have proposed that the allotment of funding be based on the number of rentals shown in the 2002 Census. This proposal, and how it may affect Lindon's funding share, was discussed with the Council. Mr. Dameron was asked to call the Housing Consortium to correct the number of rental properties shown on the report to be in Lindon.

Councilmember Hatch reported on the last Landfill Board meeting. He relayed concerns expressed concerning the proposed motor sports facility and added that the Board's conclusion is that the facility will be approved only if Lindon City takes responsibility for management and maintenance. There was a discussion of the concerns of dust, noise, police patrols and funding. Mr. Dameron mentioned the alternate suggestion of a golf practice facility as a public joint venture. This was discussed also.

Councilmember Hatch reported a complaint of a contractor tracking mud into the street. He also suggested a series of resource maps for Lindon similar to some he had observed in Provo.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless was excused.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported the police department's concerns about potential problems at the proposed OHV facility at the landfill. He asked Councilmember Hatch about feedback on speeding on 40 South. Councilmember Hatch replied that he had heard no more complaints. Councilmember Dain noted effective efforts to control speeders on 400 East, 400 South and 200 South. There was a discussion of homeowners and their visitors parking on the wrong side of road. It was noted that as Lindon grows and the traffic gets heavier, this creates potential problems that should be addressed now. Councilmember Bath relayed Chief Paul's request to be excused from tonight's meeting.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson informed the Council that he had a conflict in attending this year's Easter Egg Hunt scheduled for 9 a.m. on April 19. Councilmember Bath will be his backup and will oversee the event's operation this year. Councilmember Acerson reported that he is planning to prepare 1600 eggs.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Requested input on the project tracking list. There were no requests for additional hearings.
2. Discussed a letter from the Forest Service concerning the requested easement for 1200 East street with the Council. He was asked to contact John Logan at the Forest Service.
3. Noted the inclusion of the most recent minutes from UTOPIA in the Council staff report. Mayor Ellertson thanked him for the update and commented that he found the information interesting.
4. Reported that the Engineering Coordination meeting would be held Thursday, March 20, 2003 at 12:00 noon. Councilmember Acerson volunteered to attend. Councilmember Bath tentatively scheduled his attendance.
5. Noted the copy of the public safety report in the staff report. There was a discussion of the suspicious person category and its importance. The Elizabeth Smart case was mentioned.
6. Drew attention to the letters from the Mountainland Association of Governments. He announced that Lindon had been approved for the CDBG grant. The process of finalizing the grant was discussed. Councilmember Hatch asked how the Walmart application would affect the use of this grant. Mr. Dameron explained that the utility easement will be maintained through the Walmart parking lot even though the street may be vacated. The other letter from Mountainlands informs Lindon City that the qualifications for becoming a Twenty-First Century City have been completed.
7. Noted the draft for the City's Quarterly Newsletter. He informed the Council that this newsletter, along with the water flyer and the annual water letter will be sent to residents under separate cover about April 1st.
8. Reported that he had received no information from the Lindon Stakes on activated military personnel. Councilmember Acerson replied that the Lindon Stake was still compiling the information.
9. Asked about bringing the "takings" ordinance back for review after the Legislative session this year. Mayor Ellertson noted that he would check with the League of Cities and Towns on changes that may be necessary to comply with the State Legislature. Mr. Dameron thanked him and noted that the schedule allows this item to be brought back for consideration on April 15th.
10. Confirmed an appointment with Councilmember Acerson for interviews for a City position.

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

ADJOURN

COUNCILMEMBER DAIN MOVED TO ADJOURN THE COUNCIL MEETING AT 8:36 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - April 1, 2003

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