The Lindon City Council held a regularly scheduled meeting beginning with a Work Session at 6:30 p.m. on Tuesday, May 6, 2003 in the Lindon City Center, City 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
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember arrived 6:48 p.m.
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk

ABSENT

The Meeting began at 6:41 P.M.

WORK SESSION

The Mayor and City Council will meet with Ben DeHoyas, of Dynamic City, who will present the final feasibility study for Lindon City as a member of UTOPIA. This study will indicate the feasibility of placing fiber optics to all businesses and residents in the City. Preliminary feasibility study indicators were very positive.

Mr. Nate Taylor of Dynamic City informed the Council that he was here to present the details of the feasibility study. He noted that the findings were not specific to Lindon on their own, but answered the question, "Is UTOPIA feasible with Lindon as a partner." He reviewed the reasons that Lindon had joined UTOPIA– to provide telecommunication options to the residents and businesses of Lindon without bonding or taxing citizens. He observed that one of the big questions is how to attract service providers to use the UTOPIA system and how large does UTOPIA need to be to make a service provider's business feasible.

(Councilmember Hatch arrived at 6:48 p.m.)

Mr. Taylor reported that it has been found that the most stable and service-oriented of providers need a 15% return and about 15,000 customers to interest them in a market. He reviewed the results of the survey. He reported that Lindon's residents and businesses had indicated that a favorable number of them would switch to using various of UTOPIA's services. He compared the potential take rates to other member cities and to the UTOPIA's average and estimated the revenue that might be expected. He noted that Lindon has less favorable construction conditions. He noted that Lindon has a sparse residential density and a lot of farmland and told the Council that it would cost $2,048 to install fiber to each home and observed that the UTOPIA average is $1,408. He directed attention to the map that shows fiber installation, both overhead and underground, for Lindon. He commented that it is good for Lindon to participate in utopia because the city is somewhat subsidized to build the infrastructure.

Mayor Ellertson asked if the estimated costs include existing infrastructure and specifically a payment to Murray City for their existing infrastructure. Mr. Taylor replied yes and showed the breakdown in costs. He noted that these costs are only to install the main line and do not include hooking up homes or costs that may be needed to fit the home to connect to the system. Mr. Dameron asked if the customer would be responsible for these costs. Mr. Taylor replied that it is anticipated that these costs will be absorbed by UTOPIA and provided for residents. Mayor Ellertson asked about the differences of construction costs between aerial and buried cable. Mr. Taylor replied that Lindon's percentage of overhead to underground is similar to the system average, 42 percent. He showed a chart comparing costs over the next 10 years and noted that costs will move slightly higher as demand for services expand.

Councilmember Acerson asked what the download and upload rate would be when the system is finished. Mr. Taylor replied that the rate depends on the providers. He noted that he expects the providers to have a base plan that will compete with dial-up service at about 1 megahertz up and down, and another to compete with DSL at about 10 megahertz up and down. Councilmember Acerson told the Council and Mr. Taylor that many of his neighbors were connecting with wireless services and wondered if that may affect the take rate. Mr. Taylor agreed that happy customers do not change readily, but that marketing will affect their decision somewhat. There was a discussion of the wireless systems and how UTOPIA is considering expansion into this market for public safety services.

Councilmember Bath asked how many providers can be accommodated by the system. Mr. Taylor replied that the system could easily carry 100 or 1,000. Councilmember Bath asked how many providers would be considered for inclusion by UTOPIA. Mr. Taylor replied that initially, UTOPIA was hoping to attract providers who would serve all three services; internet, phone and television.

Mr. Taylor closed his remarks by stating that there are three key variables that affect the 10-year financial future of UTOPIA; increasing construction costs, less take rate, and the higher cost of providing services. They have found that UTOPIA, even with these variables, still have an 85% chance that they will be viable. This is a high probability, but they are aware of the risks and realities. Mayor Ellertson asked what the bottom line is for Lindon City and when construction might begin in Lindon. Mr. Taylor replied that the size of the city is not the determining factor for construction starts. All of the variables will affect the decision. Mr. Dameron noted that Lindon has been recommended to be in the first tier of construction. Mr. Taylor responded by confirming that the current proposal puts Lindon in the first round. Thanks were given by both the Council and Mr. Taylor.

The work session adjourned at 7:17 p.m.

REGULAR SESSION - 7:00 P.M.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Bradi Jensen, Outgoing Little Miss Lindon
Invocation: Jeff Acerson

PRESENT

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

ABSENT

The Meeting began at 7:19 p.m.

PRESENTATIONS

1. The Strawberry Days Royalty will introduce themselves to the Mayor and Council.

Ms. Jandee Mortensen, Miss Pleasant Grove, and her attendants extended a welcome to the Mayor and Council for Strawberry Days, June 16-20. She informed them that events include a parade, rodeo, a breakfast sponsored by the Youth Court and other activities. She presented the Council with a strawberry cheese cake. Mayor Ellertson thanked the young ladies for their invitation and cake.

Mayor Ellertson introduced the Little Miss Lindon Royalty, past and present, and invited them to the front. He expressed appreciation for their willingness to be involved and participate. The girls introduced themselves to the audience as Megan Thomas, Jennifer Nebeker, Kelly Combs, Lauren Brown, and Queen Ashley Nixon. They presented a cake to the Council also. There was applause and they posed for pictures for family and the press.

Mayor Ellertson noted that there were two former Little Miss Lindon royalty in the Miss Pleasant Grove Royalty and there was applause for them also.

2. Alicen Allred, Mrs. Utah Valley International, will explain the "Feed America Thursday" program to the Mayor and Council.

Ms. Allred was not present.

PROCLAMATION - "Child Care Provider Recognition Day" - May 9, 2003.

Mayor Ellertson presented the proposed proclamation. Ms. Julia Mohr presented information about child care providers' vital services to the community.

COUNCILMEMBER DAIN MOVED TO PROCLAIM MAY 9, 2003 AS CHILD CARE PROVIDER RECOGNITION DAY. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

MINUTES

The minutes of the meeting of April 15, 2003 were reviewed. The following corrections were made:
Page 5, Line 4: Add the words "on State Street" after the word "trees."
Page 11, Line 2: Add the word "it" after the word "if."
Page 12, Line 21,22: Replace the words "SIMILAR TO" with the words "AS WAS DEPICTED BY." Delete the word "DEPICTION" as the end of the sentence.
Page 13, Line 36,37: Delete the sentences "Councilmember Hatch commented that the ditch probably irrigated property to the west. This was discussed."
Page 14, Line 29: Replace the misspelled word "Clain" with the word "Claim."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE MEETING OF APRIL 15, 2003 AS CORRECTED. COUNCILMEMBER BATH 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 commented on his appearance on the regional news station to discuss the utility waiver. He noted that eight families have taken advantage of the waiver. He informed the public that he was working in conjunction with the Forest Service and the Trust for Public Lands to celebrate the property transfer of hillside land.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Public Hearing - Ordinance to Adopt Road Impact Fee (Ordinance # 2003-8). The City Council will hear public comment and possibly act to approve an ordinance which will enact a road impact fee for the area around and impacted by the new I-15 Interchange and the proposed 700 North Street. Lewis, Young, Robertson, and Burningham (financial consultants) will be present to discuss the impact fee study. This public hearing was continued from the meeting of April 15, 2003.

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

Mr. Dameron invited Mr. Jason Burningham and Ms. Elise Christensen of Lewis Young Robertson & Burningham to present the latest proposal. He noted that City Engineer Mark Christensen was present to answer questions. Ms. Christensen distributed copies of the updated version of the study.

Mr. Burningham observed that this is a continuing public hearing pursuant to road impact fees. He noted that the purpose of this impact fee is to help finance infrastructure improvements related to the new I-15 Interchange and the planned 700 North connection. He noted a revision of the impact fee ordinance and analysis that was prompted by the allocation of a grant by UDOT being redirected to 700 North expenses rather than to bond payments for the Interchange. He explained the information presented in the handouts and commented that this is the final recommendation. Mr. Dameron noted that the last version had not included debt service costs. Mr. Burningham commented that the hard copies include the debt costs, but the handouts do not.

Mr. Dameron verified that area B will now bear less of the total costs with this distribution. Mr. Burningham confirmed that areas B and C will decrease and areas A and D will increase. He compared the differences and discussed the assumptions with the Council. He recommended the refinancing of the bond in conjunction with the Interchange. Mayor Ellertson commented that if the bond is refinanced, the impact fee will need revisiting for a potential adjustment. Mr. Dameron recommended that the Council look at all the impact fees on a regular basis. Mr. Burningham agreed and observed that it would be a mistake to assume that impact fees are finished. He commented that addition and subtraction of capital facilities needs to be assessed routinely.

Mayor Ellertson asked if the impact fees are rational and defensible. Mr. Burningham replied that he feels they are proportional and equitable. Mayor Ellertson noted that, in the last meeting, questions had been raised about the service area definition. He asked if the subcommittee had considered this question and recommended that the Council not take action this evening on changing the boundaries of the service areas. Mr. Dameron noted that the questions had been raised on an area on the east side of State Street and the boat harbor. He replied that both ideas had been rejected by the committee. Mayor Ellertson observed that if the areas were redefined, other areas may need redefinition as well. Mr. Burningham commented that the committee had spent countless hours discussing the service area issue. The committee concluded that every development could be considered a separate service area, but this is the best solution. He agreed that it was not "perfect," but that it would be difficult to argue with the rationale. He observed that if any development has evidence of a different impact, the ordinance allows the Council to consider their evidence and adjust or waive the fees.

The ordinance was examined and various sections were discussed. An estimated fee was calculated for an interested party. Councilmember Dain asked if the fee was calculated on gross space or net space. Mr. Burningham replied that it is usual practice to use gross space. Councilmember Acerson asked questions about the accuracy of the tables and what kind of back-up evidence was used. The manuals were described and explained.

Mayor Ellertson asked if there were other issues and questions. Councilmember Acerson asked if a developer who submits his own study can be reimbursed for the costs of that study. Mr. Burningham replied that if they prove that they are due a refund, they are due interest on the refund, but no reimbursement otherwise would be due from the City. Mayor Ellertson asked if there was any public comment. There was none. Mr. Burningham, Ms. Christensen, and City Engineer Mark Christensen were thanked for their assistance.

COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE #2003-8 FIXING AND PRESCRIBING A POLICY FOR IMPACT FEES FOR ROADWAY FACILITIES, ADOPTING A CAPITAL FACILITIES PLAN FOR THE PROVISION OF SAID FACILITIES, ESTABLISHING AN I-15 REGIONAL TRANSPORTATION AREA FOR PURPOSES OF ROADWAY IMPACT FEES, AND OTHER RELATED MATTERS. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUS IN THE AFFIRMATIVE(5-0). THE MOTION CARRIED.

2. Public Hearing - Ordinance to Adopt Regulations Relating to Motor Vehicle Trespass on Private and Public Lands (Ordinance # 2003-9). The City Council will hear public comment and possibly act to approve an ordinance adopting regulations relating to motor vehicle trespass on private and public lands. This proposal has been discussed several times with the Council and is now ready for action.

Mayor Ellertson noted that this proposed ordinance had been talked about previously. Mr. Dameron distributed the ordinance for review. He noted that he had a question about the section of the Lindon City Code that was being repealed and replaced. He suggested that this new ordinance should be an addition to the code rather than a replacement. The referred to section was read and discussed. Mayor Ellertson agreed that the new ordinance should be an addition as section 9.12.040.

Councilmember Bayless questioned section 2b of the ordinance. Mayor Ellertson explained that this would allow a contractor that is hired by the City to access facilities to perform repairs or other work in the normal course of business. Councilmember Dain suggested that a hunting guide may use this clause to hunt deer on the hillside as part of his "normal course of business." Councilmember Bayless suggested that section 2c gave more control and 2b was not needed. This was discussed between the Councilmembers and decided against.

Councilmember Bayless asked if the fine structure is accepted county-wide. Mayor Ellertson replied that acceptance is in process. He noted that the trespass violation is a Class C misdemeanor. He added that violators may be subject to other fines for multiple violations of other sections of state and municipal code. Councilmember Dain asked if the community service provision would put a burden on city employees. Mayor Ellertson replied that this provision is not a mandate, but is up to a judge's discretion. There was a discussion about enforcement and notification of the public. Mayor Ellertson asked if there was any public comment. There was none.

COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE #2003-9 WITH THE REVISION THAT THIS ORDINANCE IS AN ADDITION TO CURRENT CODE SECTION 9.12 AND NOT TO REPEAL AND REPLACE IT. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUSLY IN FAVOR (5-0). THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Resolution # 2003-7 - CDBG Resolution Concerning Residential Anti-displacement and Relocation Assistance Plan and Certification. The City was recently awarded a Community Development Block Grant to help defray the expense of a sewer line slip-lining project on 600 North Street. This resolution is a requirement of the program before the City can receive the funding.

Councilmember Bayless confirmed that this resolution is a formality of the CDBG process and that no resident would be displaced. Mayor Ellertson agreed and noted that this resolution is required. He asked if there was any public comment. There was none.

COUNCILMEMBER DAIN MOVED TO APPROVE RESOLUTION #2003-7 APPROVING A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN AND CERTIFICATION. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUSLY IN FAVOR (5-0). THE MOTION CARRIED.

4. Review and Action - Lease Agreement with Utah Auto Sales. The lease agreement between the City and Utah Auto Sales for the land south of the City Center expires on May 18, 2003. Staff recommends a renegotiation of the lease for an additional three years with a 5% annual escalator clause.

Mayor Ellertson directed the Council's attention to a copy of the lease. He noted that the current lease expires on May 18. Mr. Dameron commented that Mr. Gallagher would like the lease extended for three more years. He recommended that the City consider adding an escalator clause to the monthly rent. Mayor Ellertson agreed that the clause could be added to the contract, however, he suggested that the increases be waived in favor of Utah Auto Sales because of the sales tax revenue generated by the business. This was discussed.

Councilmember Dain suggested a one year lease. Councilmember Acerson suggested a more lenient escape clause. Mr. Dameron replied that the business would like some assurance that the property will be available for a longer period of time. He noted that Mr. Gallagher would like to buy this parcel from the City. Councilmember Bath suggested that a clause could be added that if the property is needed for a public purpose, the lessee will vacate with six months to a year. Mr. Dameron asked the Council if they could see a public need for the property within the next three years. Councilmember Dain replied that, although it was true that there was no foreseeable need, "things change fast." Mr. Dameron commented that the City eventually plans to use the parcel to build a public safety building, but not in the next three years. He noted that Mr. Gallagher would prefer a five year term, if he could get it. Mayor Ellertson suggested a raise of the rent to $1,100 for the term of the lease rather than an escalator clause. Councilmember Bayless suggested a two-year lease like the current one. Mayor Ellertson asked if there were other issues. There were none.

COUNCILMEMBER HATCH MOVED TO APPROVE A LEASE AGREEMENT WITH UTAH AUTO SALES FOR A PERIOD OF TWO YEARS AT $1,100 PER MONTH. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Review and Action - Partial Assignment of Solid Waste Contract. BFI, the City's contract solid waste hauler, has requested a partial assignment of the contract to allow a third party to receive payments from the City for the services rendered by BFI.

Mayor Ellertson explained that BFI is requesting a partial assignment of the City's contract with them as additional collateral. Councilmember Hatch asked if this partial assignment would change anything if the City decides to pay the tipping fee directly to the Transfer Station District. Mayor Ellertson replied that, in essence, this contract becomes the property of Allied Receivables Funding rather than with BFI. Mr. Dameron commented that all that is due to the collection company is their fee and the disposal fee can be paid to the landfill.

Councilmember Bath confirmed that the City Attorney was comfortable with this assignment. This was verified. Mayor Ellertson commented that the assignment is contingent on consent of the City and any changes require written notification from Allied. He asked if there were other questions. There were none.

COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY BFI FOR A PARTIAL ASSIGNMENT OF THE PAYMENTS DUE UNDER A CONTRACT BY AND BETWEEN LINDON CITY AND BFI WASTE SERVICES DATED MARCH 1, 1995 TO ALLIED RECEIVABLES FUNDING INCORPORATED WHICH HAS ASSIGNED THOSE RIGHTS TO WACHOVIA BANK, N.A. , AND AUTHORIZE THE MAYOR TO SIGN THE ASSIGNMENT ON BEHALF OF LINDON CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Report - Tentative Budget 2003/2004. Staff will distribute the Tentative Budget for fiscal year 2003/2004. The Mayor and staff request that work sessions be scheduled during the month of May for discussions of issues related to the new fiscal year budget.

Mr. Dameron directed attention to the tentative budget. He noted that this is a rough draft and asked the Council to look it over. He observed that refinements will be added over the next month in Work Sessions. He added that the plan is to keep the operational expenses the same with no increases and there may be five or six issues to discuss. He asked for Work Session dates. After discussion, it was decided to set Work Sessions for May 13 and May 20 at 6:00 p.m.

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain reported that residents seem to have responded to the request not to use water. He asked about the sprinklers on the new off ramp. He was told that these sprinklers are under UDOT contract for the time being to assure that the new plants survive.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch reported that the Interlocal Agreement for the Housing Consortium needs to be approved and signed. He distributed copies. Mayor Ellertson noted that the change in the distribution of funds had been incorporated.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless reported she would like to schedule the education grant reports for the Council meeting of May 20th. Councilmember Acerson asked if she would like the Character Connection here too. She replied that this would be fine. They asked Mr. Dameron to check into the difference due by the Character Connection and let Councilmember Acerson know the amount. Mayor Ellertson confirmed that the reports would be listed as an item on the agenda.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported that Pleasant Grove City had passed their alarm ordinance and asked Chief Tom Paul to answer any questions the Council might have on it. He explained how the enforcement of the ordinance would work. He asked if Lindon wanted to do their own administration of this ordinance. Mr. Dameron replied that the City Attorney was reviewing the ordinance and it would be brought to the Council on May 20. He suggested that if the department would provide the information needed, Lindon would do the collection. Chief Paul discussed the beer tax and the speed trailer with the Council. Councilmember Acerson mentioned a safety issue with skateboarders on 200 South. Chief Paul was thanked for his time.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson thanked Councilmember Bath for his help with the Easter Egg Hunt. A report of the participation was given. Councilmember Acerson reported two potholes on 900 East and a street light that did not work. He reported that the theme for Lindon Days is "Dare to Dream." He asked the Mayor for the Grand Marshals and the Mayor's Message for the booklet. There was a discussion of other events. Councilmember Acerson mentioned being approached to support a recreation center in Pleasant Grove. This was also discussed.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Asked if any listing on the project tracking list need Council review. There was discussion on the OHV proposal and the Gillman subdivision.
2. Distributed copies of the proposed improvement plans for Lindon Park Drive and 600 South. He asked if there were questions. There was a short discussion.
3. Noted UTOPIA information in the staff report.
4. Drew attention to copies of a letter from AT&T about buying the City's cell towers. The intent of the letter was discussed. It was decided to decline participation.
5. Discussed the Animal Control Shelter with the Council. It has been suggested an interlocal agreement with the North County Cities to relocate and operate a facility is the preferred direction. This was also discussed briefly.
6. Announced another meeting with the Chamber of Commerce on Tuesday, May 13 at 4:30 p.m.
7. Noted that the Engineering Coordination Meeting would be May 15, at noon. Councilmember Bayless and Acerson volunteered to attend.
8. Reminded the Council of the Western Transportation Study workshop being put on by Envision Utah at the Pleasant Grove Junior High on June 5 at 6:00 p.m.
9. Asked for any suggestions for City-wide Clean Up Day. There were none.
10. Presented three different versions for the mouse pads. One was decided on.
11. Noted the annual water quality report that had been sent to residents. He discussed some mistakes in the copy with the Council.

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

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE MEETING AT 10:30 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - May 20, 2003

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