The Lindon City Council held a regular meeting beginning with a Budget Work Session at 6:00 p.m. on Tuesday, May 20, 2003 in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kristen Colson, Finance Director
Venla Gubler, Administrative Clerk

ABSENT

Lindsey Bayless, Councilmember
James A. Dain, Councilmember

BUDGET WORK SESSION - 6:00 P.M.

The Mayor and City Council will meet in a budget work session with staff.

The Budget Work Session began at 6:21 p.m. Mr. Dameron explained the source of the budget shortfall for 2002/2003. He observed that property tax collection had fallen short about $50,000 from current year projections, sales tax collection was about $54,000 short of current year projections, and the Lindon City Municipal Court has a shortfall of about $40,000 from projected revenues. He noted that sales tax projections for the coming year are $285,000 less than the current year. Mr. Dameron explained that the goal this year is to make the budget balance without relying on the reserves. He noted that he would like to keep the reserves at the present level of $700,000 to $800,000. He added that the reserves have been used in past years for equipment and projects. This year there will be few equipment purchases and projects. He noted that the budgeted clothing allowance in all funds has been zeroed, as well as all contributions to outside groups. The only contributions budgeted are Lindon City groups like the Character Connection, Little Miss Lindon and Lindon Days.

Capital Improvement Projects planned for this year are two storm drain improvement projects, one near the bowling alley, and the other on Main Street on the west side from 60 north to the bottom of the Hollow. He explained that there is an erosion problem on Main Street. He noted the possibility of a third project if funding allows, to possibly create the overflow on the Squaw Hollow Debris Basin. There is only one water project, to replace the 10-inch steel pipe on 400 North from Canal Drive to 200 East. There are no sewer projects planned. Planned parks projects are the improvement of the Hollow Park Road and parking lot, and grading of this park area. Another project is grading the Pheasant Brook Park to smooth the fill dirt recently hauled from the 700 North Street project. One project to overlay the east end of Center Street is the only Streets project planned. There was a short discussion of the easement dispute on Center Street.

Mr. Dameron turned the discussion to possible budget issues. He noted that an increase in the garbage collection rate was approved earlier in the year to be implemented on July 1. He added that this increase is a pass through from the landfill district increase in tipping fees. He recommended that there be no other changes to the utility rates this year. Mayor Ellertson agreed. Mr. Dameron observed that the utility rates had been restructured last year. Mayor Ellertson asked if the rates were covering the costs. Mr. Dameron replied he believed this to be true. Councilmember Hatch asked if there would be an increase in the sewer processing from Orem City. Mr. Dameron replied yes, but added that the fund can cover this increase. Mayor Ellertson suggested that negotiations be started with Orem to improve 200 South east of State Street.

Mr. Dameron informed the Council that the budget assumes no new employees, and no CPI or merit increases. Councilmember Acerson observed that the employees had seen big changes last year in their wage rates. Mayor Ellertson asked what Mr. Dameron suggested for payroll assumptions when the shortfalls are met and the economy rebounds. Mr. Dameron replied that grade changes will pick up where they were left off and not jumped to where they would have been. He noted that over the past few years, Lindon City employees have received increases when other cities have not. He added that the employees have expressed their willingness to help in this tight year. There was a short discussion on the possibility of a 1 percent increase after a closer assessment of the budget closer to the deadline.

Mr. Dameron suggested that the employee benefit plan remain the same and noted that this is usually a budget issue. The Council asked Ms. Colson what the projected insurance increase totals. Ms. Colson replied that the insurances will increase a total of 7½ percent this year. This was converted to a dollar amount of about $60.00 per employee per month. Councilmember Acerson touched on the Council benefits issue. Mr. Dameron asked if the Council would like this item as a budget issue. Mayor Ellertson suggested that only an unexpected windfall should make this item an issue to be considered.

Mr. Dameron observed that an increase in the franchise tax can be used for any appropriate purpose for the City. He added that the current rate is 3½ percent and the legal limit is 6 percent. Mayor Ellertson mentioned the legislatures changes in the cell phone tax. Mr. Dameron asked if the Council would like to consider this avenue to increase revenues. Councilmember Bath asked where Mr. Dameron would suggest to designate the additional revenue. Mr. Dameron replied that the amount could be used to balance the budget and is not required to be applied to a specific project. Mayor Ellertson suggested that these budget balancing measures can be more specifically considered when closer to the deadline, and if necessary. The Work Session was closed at 6: 50 p.m.

(Mayor Ellertson was excused at 6:51 p.m.)

REGULAR SESSION - 7:00 P.M.

Conducting: Jerald I. Hatch, Senior Councilmember
Pledge of Allegiance: Jerald I. Hatch
Invocation: Jeff Acerson

PRESENT

Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Jerald I. Hatch, Senior Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

Larry A. Ellertson, Mayor
Lindsey Bayless, Councilmember
James A. Dain, Councilmember

The Meeting began at 7:04 p.m.

PRESENTATIONS

1. The Elementary School Teachers who received education grants from the city have been invited to report to the Council on the use of the funds provided.

Councilmember Hatch explained the Lindon City Education Grant program to the audience. He asked the teachers to display their presence by a show of hands. He asked each of them to come up and report on their use of the funds received.

Ms. Janice Clouse, a First Grade teacher at Lindon Elementary, told the Council that she had worked with the school's literacy specialist to purchase books. She commented that they had only been able to purchase copies of four titles, but the library is slowly getting larger. She thanked the City for helping the school to reach their goal. There was applause from the Council and audience.

Ms. Linda Gordon, Fourth Grade teacher at Rocky Mountain Elementary, invited several of her students to the front to display some of the projects they had worked on in class. She explained that her grant had been used to promote constructive recess activities. They had bought paint to paint the pavement and had put on a hop scotch tournament. They had also made quilts and dolls to reinforce the reading program. Teresa Martin, Heather Crockett, Matthew Willard son, Wes Alder, Miranda Greer, Jay Kennedy, and Brianna Anderson showed their quilts and dolls. Ms. Gordon then awarded trophies for the competition to Miranda Greer, Heather Crockett, Brianna Anderson, Matthew Willardson and Wes Alder (Grand Champion). There was applause for the participants from the audience and Council. Ms. Gordon reported that the activity had promoted 99% less fighting and thanked the Council for the grant.

Ms. Virginia Swensen, First Grade teacher at Lindon Elementary, told the Council that she had two new students in her class from Mexico that did not speak English. She devised a plan to teach them the English language by purchasing tape players and 30 books on tape to send home with the students. She found that one week after starting the program, the student that had been here the longest spoke more and the other was able to form sentences. She thanked the Council for the funds which make a difference in these children's ability to communicate and read. She was given a round of applause.

Ms. Holly Stansfield, a teacher at Rocky Mountain Elementary, used her grant to purchase a microscope and slides to teach children science. She thanked the Council for opening the microscopic world to the students. There was applause.

Next, Ms. Nicole Parker, Ms. Ann Barker, and Ms. Heather Burnham, teachers at Lindon Elementary, combined their grants to purchase books for comprehension study. They explained their program that included an assessment of reading and comprehension skills. They presented the Council with a plate of cookies as thanks. There was applause.

Ms. Margaret Olsen, a Second Grade teacher from Lindon Elementary, used her grant to purchase a refurbished computer to help her students hone their math skills and to publish their self-authored stories. She explained that the students love to use the computer and it gives immediate reinforcement of their lessons. She noted that it meets the needs of all levels of student skills. She thanked the Council for the help. She was given a round of applause.

Ms. Katie Thygerson, drama teacher at Oak Canyon Junior High School, used her grant to purchase old clothes to make over into costumes and props to put on the spring production of "The Final Trial of Richard III." She told the Council that the props and costumes would be put into the prop room for future use. She thanked the Council for the grant. All the teachers were given a final round of applause.

Councilmember Hatch complimented the teachers on their creative uses of the grant monies. He asked if there were any comments or questions. There were none.

2. The Mayor will recognize Phil Brown, Chief Building Official, as the City's Employee of the Quarter.

Councilmember Hatch explained the City's Employee of the Quarter recognition program. He commented that the employees choose a fellow employee based on their performance and achievements. He read some of the comments from the nomination sheet about the newest recipient of the award, Chief Building Official Phil Brown. He noted that Mr. Brown knows the City inside and out, cares about the City, works very hard both on the job and off, as well as on several special projects for the City. He is always available, is personable and listens to residents and the building community as well. He thanked Mr. Brown for his dedication to the City and presented the Certificate of Achievement to him. There was applause. Ms. Veronique Willard son, Lindon resident, commented that Mr. Brown is a great coach also, and explained that her son is on his team. Mr. Brown commented that he was flattered, and shared his award with the people he works with. He explained that much of his success is due to the great "team" he works with. There was additional applause.

Councilmember Acerson commented that the education grants this year were jointly sponsored by Lindon City and the Character Connection. Councilmember Hatch thanked him for the reminder and introduced Ms. Julia Schwedt, President of Character Connection, present in the audience. Councilmember Hatch praised the work done by the group and noted that they have received statewide recognition.

3. Alicen Allred, Mrs. Utah Valley International, will explain the "Feed America Thursday" program.

It was determined that Ms. Allred was not present in the audience.

MINUTES - The minutes of the meeting of May 6, 2003 will be reviewed.

The minutes of the regular meeting of May 6, 2003 were reviewed. The following corrections were made:
Page 6, Line 20: Replace the word "IN" with the word "IS."
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE MEETING OF MAY 6, 2003 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

A resident asked about the status of Item #8. Councilmember Hatch explained that this item had been placed on the agenda pending the decision of the landfill board meeting the previous night. He informed the citizen that the landfill board had denied the application and so this item would not be discussed this evening. She asked about street lights and traffic signals on the intersection of Sam White Lane and Pleasant Grove Boulevard. Councilmember Hatch explained that although this area is governed by Pleasant Grove, the plan is to develop the intersection. Signals and street lights will be part of the development. He asked if there were other questions. There were none.

MAYOR'S COMMENTS/REPORT

Councilmember Hatch commented that the Mayor had been excused, but that the Mayor would report continuing work on acquiring the 700 North right-of-way. He added that the City hopes to have this connection to I-15 by next year.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Public Hearing - Ordinance to Adopt an Amendment to the Circulation Element of the General Plan (Street Master Plan - Ordinance #2003-10). The City Council will hear public comment and possibly act to approve an ordinance which will amend the Street Master Plan for the area west of the new I-15 Interchange.

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

Mr. Smith presented this proposed master plan amendment for the west side of town. He displayed the current circulation plan and the location of the proposed road. He informed the Council that this does not tie a developer into putting a road in that particular location– it just specifies that there must be an east-west connector that provides access into this section of the City. He noted that the Planning Commission has recommended approval. He observed that he had sent notices to the property owners in this area and had received no protest. Councilmember Hatch asked how many property owners were involved in the property traversed by the proposed road. Mr. Smith replied four. Councilmember Acerson confirmed that this amendment specifies a general outline for streets that could be changed to more suit a developer's plans. Mr. Smith showed other optional routes that the roads in this area could take that could suit the property owners better. Councilmember Bath asked what would happen if a developer wants something totally different. Mr. Dameron answered that the developer will still be required to provide an east-west connection. Councilmember Hatch asked if there was public comment. There was none.

COUNCILMEMBER ACERSON MOVED TO APPROVE THE AMENDMENT TO THE STREET MASTER PLAN FOR THE AREA AROUND THE NEW I-15 OFF RAMP AS PRESENTED. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN ABSENT
COUNCILMEMBER HATCH AYE
THE VOTE IS UNANIMOUSLY IN FAVOR (3-0). THE MOTION CARRIED.

2. Public Hearing - Ordinance to Adopt a Revision to Section 17.10 of the Lindon City Code - Board of Adjustments. Staff advertised this public hearing but is not yet ready for presentation to the City Council. Additional consultation with the City Attorney is necessary. Staff requests the Council cancel this public hearing by motion and a re-advertisement will be placed at a later date.

This item and the next were handled as one.

3. Public Hearing - Ordinance to Adopt a Revision to Section 17.44 of the Lindon City Code - Residential and Multiple Residential Districts. Staff advertised this public hearing; however, Planning Commission action is necessary before the Council may act and the Planning Commission has not yet heard the item. Staff requests the Council cancel this public hearing by motion and a re-advertisement will be placed at a later date.

The Council discussed the recommendation from staff that these two public hearings be canceled until further notice to allow further consultation.

COUNCILMEMBER ACERSON MOVED TO CANCEL AND CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Preliminary Plat - Walmart Commercial Subdivision, Plat "A." This is a request by Pacland/Walmart for preliminary subdivision approval for the Walmart Subdivision, Plat "A," 8 lots, CG zone at approximately 600 North State Street. The Planning Commission has recommended approval.

Mr. Smith displayed an aerial photo and pointed out the location of the proposed Walmart Center. He showed the preliminary subdivision plat and noted that the only change since the site plan approval is the relocated storm water detention area. He commented that the new location is the best option for the storm water detention basin and will provide a buffer for the homes on 600 North from commercial development along 700 North. He added that this also allows more commercial frontage for future development on 700 North. There are eight lots in this preliminary plat, which will each submit their individual site plans for approval. He observed that the utility easements in 600 North will be maintained in favor of the City. Mr. Dameron asked if the City Engineer had approved the location change of the detention area. Mr. Smith replied yes.

Councilmember Hatch asked if there was any public comment. Mr. Greg Hall, newspaper representative, asked if there had been any indication what the other lots would be used for. Mr. Smith replied that the Walmart in Springville can give a good indication of the types of businesses that like to locate near a Walmart. He listed several. Councilmember Hatch added that there would be a gas station as well.

A Lindon resident asked questions about the planned entrances to the site. She was told that there are four entrances, one would have direct access to a light on State Street at 600 North, one would access 700 North, one would be a secondary access to State Street and the last entrance accesses 550 North. Councilmember Bath asked if staff recommended approval. Mr. Smith replied yes. Councilmember Hatch explained to the resident present that the City was vacating a portion of 600 North and creating a cul-de-sac. In exchange for the street, Walmart has agreed to build the alternate route of 820 West between 600 North and 700 North. He noted also that construction of the site will remove three houses and some storage units. There was a short discussion of traffic concerns and the City's efforts to monitor the situation and preserve safe neighborhoods.

COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY PACLAND/WALMART FOR PRELIMINARY SUBDIVISION APPROVAL FOR WALMART SUBDIVISION, AN 8-LOT COMMERCIAL SUBDIVISION, AT APPROXIMATELY 600 NORTH STATE STREET. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Resolution #2003-8 - CDBG Resolution - Environmental Certifying Officer. 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 another requirement of the program before the City can receive the funding.

Councilmember Hatch explained that this resolution is part of the process to qualify for a CDBG grant and that Mr. Dameron is being designated as the Environmental Certifying Officer. Mr. Dameron noted that Mr. Smith is handling the grant for the City through the Mountainlands Association of Governments. Mr. Smith commented that this is one of the required steps and that an environmental impact study is not required by Lindon City.

COUNCILMEMBER ACERSON MOVED TO APPROVE RESOLUTION #2003-8 DESIGNATING AND APPOINTING AN ENVIRONMENTAL CERTIFYING OFFICER FOR ALL HUD FUNDED GRANTS OPERATED BY LINDON CITY. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN ABSENT
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUSLY IN FAVOR (3-0). THE MOTION CARRIED.

6. Discussion - 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 and discuss the particulars of the proposed agreement.

Councilmember Hatch commented that this agreement is renewed every three years. Mr. Dameron observed that this item is scheduled for action at the June 3 meeting. This item was placed on the agenda tonight for discussion only. Councilmember Hatch observed that the current agreement has a change in it that makes it more favorable than previously proposed. He disclosed that the previous agreement required the targeting of certain areas for housing projects. This one specifies that funds can be used anywhere in the City where it is needed. He explained the Housing Consortium organization and its purposes to the residents present. Mr. Dameron asked if the Utah County Housing Authority is one of the recipients of housing grants from the Consortium. Councilmember Hatch confirmed this agency as one of the regular applicants. Councilmember Bath asked about the funding of the Lindon project. Councilmember Hatch replied that the funding for this project was approved from the funds for a previous year and will not be affected by funding changes proposed in this agreement. He asked if there were other questions. Councilmember Bath asked if Councilmember Hatch recommended approval of the agreement. Councilmember Hatch replied yes, that he was more in agreement now than previously. It was decided by consensus to add this item for action on the next agenda for June 3, 2003.

7. Discussion - Senate Bill 184 - Telecommunications. This recently approved bill allows local jurisdictions to facilitate telecommunications systems within their boundaries by allowing the creation of municipal improvement districts for telecommunication infrastructure.

City Attorney Jared Frei was not present yet, so discussion was deferred until his arrival.(See below)

8. Discussion - OHV Track on Closed Landfill. This item has been placed on tonight's agenda pending any action taken by the Board of Directors of the North Pointe Solid Waste Special Service District which meets on Monday, May 19, 2003.

(Mayor Ellertson returned at 8:10 p.m.)

There was a discussion between Russ Tucker, Mayor Ellertson, Councilmembers and public on the need for a public OHV facility, Mr. Tucker's plans for the future, and possible solutions to finding an acceptable alternative location. There was also discussion of liability issues.

Mr. Frei was now present and so the discussion returned to item #7.

7. Discussion - Senate Bill 184 - Telecommunications. This recently approved bill allows local jurisdictions to facilitate telecommunications systems within their boundaries by allowing the creation of municipal improvement districts for telecommunication infrastructure.

Mr. Dameron informed the Council that this item was for information purposes only. He noted that the creation of municipal districts is not a prerequisite for UTOPIA, but is a possible option to provide infrastructure to other areas that may not be served by UTOPIA. Mr. Frei agreed and explained that this bill functions better on a smaller scale to develop last mile solutions. Mayor Ellertson suggested keeping this idea in mind for possible future use. Since this item was for discussion only, no action was taken.

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain was excused.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch reported that the landfill board's major concern for denial of the OHV proposal was liability and that they required a responsible municipal party tied into the project. This was discussed.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless was excused.

STREET, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported that he had conveyed the request for more specific information in the police department incident reports.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported that the Character Connection Board of Directors has applied for a grant that they would like to use to offset the remaining reimbursement of residents' library cards. There was a discussion about this offer. Discussion was held on the maintenance contract for the parks. Councilmember Acerson offered thanks for the street and street light repairs. Discussion was held about the proposed recreation center in Pleasant Grove.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Presented the project tracking list for requests. There were none.
2. Drew attention to an Investment Policy Award presented to the City. He referred the credit to Financial Director Kristen Colson's efforts.
3. Noted letters of resignation from the Chamber of Commerce directors.
4. Presented a draft copy of the proposed amendment to the ordinance concerning the Board of Adjustment for future consideration.
5. Informed that Council that he had represented the City at a recent DARE graduation.
6. Reported that a public meeting on the Lindon City Annexation Policy would be held in July. He noted that neighboring cities had been notified of the City's intention to annex the LDS Church property near the new interchange.
7. Reminded the Council of the Western Corridor workshop to be held June 5 at Pleasant Grove Junior High School.
8. Reminded the Mayor that a Grand Marshal is needed for the Lindon Days Parade and the Mayor's Message is needed for publication of the program.
9. Presented a proposal to sell two city-owned parcels near the entrance to the Canberra subdivision on 1200 East and 200 South. He noted a request from a neighboring property owner to purchase. There was discussion of denying access to 1200 East for these parcels and declaring them un-developable. He was given the authority to negotiate a sale (or sales) on these terms.
10. Reported that American Fork City is still trying to create a North Utah County Arts Council. He noted that they want Lindon to be involved and expressed his opinion that this would benefit the City. Suggestions were given for possible citizen representatives to this committee.

Mayor Ellertson displayed the mouse pads to be presented to City businesses, and mentioned a function at Timpanogos Academy. Mr. Greg Hall clarified that Governor Leavitt would be making a quick stop in his helicopter at the school. His purpose for the visit is to talk with the administration of this successful charter school. He will be visiting one class for one hour. Mr. Hall asked for submittals to the "Our Town" and "City Briefs" sections of the Daily Herald.

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

ADJOURN

COUNCILMEMBER HATCH MOVED TO ADJOURN THE MEETING AT 9:10 P.M. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - June 3. 2003

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