The Lindon City Council held a regularly scheduled meeting on Tuesday, October 21, 2003, beginning with a Work Session at 6:00 p.m., in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

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
Venla Gubler, Administrative Clerk

ABSENT

WORK SESSION - 6:00 p.m.

The Mayor and City Council will meet at the City Center for a work session relating to emergency communications services.

The meeting began at 6:14 p.m. Mr. Doug McKay, Mr. Andrew McKay, Mr. Paul Jensen, Mr. Derik Wolsleger, and Ms. Stacy Jensen were present to discuss emergency communications services with the Council. Mayor Ellertson thanked these volunteer coordinators for their willingness to come and explain their program. He explained that the City Council would like to better understand how the County Sheriff Department works with the Amateur Radio Emergency Services volunteers to respond to emergencies.

Mr. Wolsleger informed the Council that he is a volunteer with the Utah County Sheriff's Department Auxiliary Communications Team. The purpose of this team is to facilitate communications between municipal public safety departments, hospitals and other emergency response organizations during emergency situations. He explained that his team had helped recently in the search for a lost boy. The purpose of his visit today is to facilitate the set up of equipment locations prior to a need for such emergency communications. Mayor Ellertson asked when the team becomes involved in an emergency situation. Mr. Wolsleger replied that a request to the Utah County Sheriff results in a response within fifteen minutes and a communications set-up in under an hour. He explained that the team has a mobile response van that is set up to work with the various agencies and volunteer HAM operators. He added an explanation of how the mobile response van is used.

Councilmember Dain commented that it is Lindon's understanding that the volunteer organization wants to set up some equipment at the new fire station and conduct training there occasionally. Mr. Wolsleger agreed that a communication set up was requested for Lindon and that the systems would be tested on a monthly pre-arranged schedule. Councilmember Dain informed Mr. Wolsleger that the main issue with this is the antenna attachment on the roof of the structure. He asked if the antenna could be attached to the neighboring cell phone tower. Mr. Wolsleger replied that this location would be suitable, and explained that an antenna can be configured to conform to almost any situation. The Council discussed the price of an antenna. Mr. McKay commented that the demonstration setup on display in the Council room could reach the repeaters. He added it was his hope that a local system would help Lindon City communicate with the neighborhoods and the CERT volunteers. The costs of setting up a basic system were discussed.

Councilmember Acerson asked if the system could be used for community demonstrations such as Boy Scouts merit badge certification. Mr. Wolsleger replied yes. The various ways that the system would be a benefit to the City were discussed. The Council, staff and visitors adjourned to the mobile command center for a tour of the facilities. The Council viewed the equipment and discussed its application. The group then reconvened in the Council Room. Mr. McKay demonstrated the computer packet system for sending and receiving printed lists. The need for printed lists, such as casualty lists, instruction lists, etc., was discussed. Mr. McKay pointed out that written lists ensure that there are no errors or miscommunication. This was discussed.

Mayor Ellertson asked if there were questions. There were none. Mayor Ellertson thanked the volunteer coordinators for coming to Lindon. Mr. McKay commented that he would like to help Lindon City set up a system. Mr. Dameron commented that he would set up a meeting with the cell tower company and get back with Mr. McKay.

PRESENTATION

The Mayor and City Council will recognize and honor Lucky Morse for his four years of service on the Lindon City Planning Commission.

Mayor Ellertson informed the audience that he welcomed this opportunity to recognize a citizen who has served on the Lindon City Planning Commission in a dedicated and exemplary manner. He extended a thank you to Lucky Morse and presented him with a certificate. Pictures were taken for the paper and the audience applauded. Mayor Ellertson commented that Mr. Morse had served as the Planning Commission Chairman for two years.

REGULAR SESSION - 7:00 p.m.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Shaun Wright, Troop 1178
Invocation: Larry Ellertson

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
Venla Gubler, Administrative Clerk

ABSENT

The meeting began at 7:12 p.m.

MINUTES

The minute of the meeting of October 7, 2003 were reviewed. The following corrections were made:
Page 2, Line 13: Replace the name "Seger" with the name "Eliot."
Page 2, Line 17, 18: Add the phrase "and determined that there was no need to protest" to the end of the sentence.
Page 2, Line 20: Replace the name "Van Nielson" with the name "Dan Nelson."
Page 4, Line 14: Replace the word "review" with the word "reviewed."
Page 4, Line 34: Add the number "28" before the word "feet."
Page 7, Line 1: Replace the name "Gillman Lane" with the name "800 West."
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF OCTOBER 7, 2003 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION

There was no public comment.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson observed that the paving was completed on 700 North. He informed the audience that the road would be closed for two weeks to cure the asphalt before it would be striped and that there would be a ribbon cutting opening. Mr. Harlow Clark, newspaper representative for the New Utah, asked if the traffic signal would be put in right away. Mayor Ellertson replied that the light would be put in soon, but that it would not be immediately.

Mayor Ellertson commented that he was continuing to work with the property owners to extend 700 North to the freeway interchange. He also noted that an upcoming meeting of interest to citizens concerns the proposal to transfer the title of the Murdock Canal to the Provo River Water Users Association to allow enclosure of this open-air water system. He observed that this proposal will improve water quality and public safety. The cities' concerns with the proposal are maintenance of public access as a trail and open space.

Mayor Ellertson commented on the Utah League of Cities and Towns and how this organization helps municipal bodies address common legislative and procedural issues. He explained some of the issues now facing Utah cities, such as government funding and taxation.

Mayor Ellertson observed that Lindon City is working with residents to resolve safety issues on 600 North. He commented that citizens still need to understand that the common sense safety rules, such as reasonable speeds, safety belts and limiting the number of people in a vehicle, will protect life and property effectively. He observed that parents need to warn their children to obey traffic rules.

Mr. Larry Shipp informed the Council that boat propellers are being stolen from residents' boats parked in open areas. He suggested that a warning to residents may be helpful. Captain Cullimore, present in the audience, confirmed that 17-18 props had been stolen recently from boats left in the open.

Mayor Ellertson asked if there were other comments or questions. There were none.

Councilmember Dain commented that there had been a suggestion to switch the order of items #1 and #2. Mayor Ellertson asked if there were any objections from the audience. There were none.

COUNCILMEMBER DAIN MOVED TO CHANGE THE ORDER OF THE AGENDA AND HEAR ITEM #2 BEFORE ITEM #1. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

CONSENT AGENDA - No Items

CURRENT BUSINESS

2. Preliminary Plat - Lindon Lexus, Plat "A." This is a request by Larry H. Miller for preliminary plat approval of the Lindon Lexus Plat "A" commercial subdivision, one-lot, at 550 South 600 West in the PC-1 zone. The Planning Commission recommended approval.

Mr. Perkins, Mr. Jose Sanchez, and Mr. Irwin Asher were present. Mayor Ellertson asked what direction each of the elevations shown on the plan would face and what particular architectural treatment would be applied to the side facing I-15. The sample board was shown and the treatments pointed out.

Mr. Smith showed the Council and audience the location of the proposal and explained that a new car dealership is a permitted use in the planned commercial zone. He explained the Planning Commission's recommendations and displayed the site plan. He commented that the Planning Commission had expressed a concern about additional accesses to Lindon Park Drive. They recommend that access be limited on a one-acre parcel adjacent to the turn where 800 West joins Lindon Park Drive. There had also been discussion on the required white vinyl fence in this zone. The dealership is not in favor of this fence and points out that the Home Depot across the street does not have fencing. The final issue is the detention basin. The applicant requests that the site's detention basin be combined with the City detention basin. The Planning Commission recommends that the fence be required, that the storm drainage be combined, and that access to the remainder parcel be limited to the south or west.

Mr. Sanchez commented that the amended site plan includes the recommendations from the Planning Commission. He pointed out the expanded detention basin. Councilmember Dain asked if the applicants were agreeable to the limited access. Mr. Asher agreed to the restricted access. Mr. Perkins showed how the detention basin had been modified and noted that the city engineer had not reviewed the amendment yet. Mayor Ellertson asked if the amendment would accommodate future development of the remaining parcels. He was assured that the calculations included additional asphalt for future development. It was noted that the fence issue would be addressed in the site plan review conducted by the Redevelopment Agency.

COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY LARRY H. MILLER FOR PRELIMINARY SUBDIVISION APPROVAL FOR LINDON LEXUS, PLAT "A," A ONE-LOT COMMERCIAL SUBDIVISION LOCATED AT 550 SOUTH 60 WEST WITH THE PLANNING COMMISSION RECOMMENDATIONS, TO WIT:
1. STORM DRAIN EASEMENT AND FACILITIES BE COMBINED WITH THE EXISTING CITY FACILITIES WHERE POSSIBLE;
2. A NOTE ON THE SUBDIVISION PLAT AND A NOTICE TO A POTENTIAL OWNERS SHALL BE RECORDED RESTRICTING ACCESS ON A NEIGHBORING 1.5 ACRE PARCEL TO THE SOUTH OF THE DEALERSHIP. NO ACCESS FROM THIS PARCEL WILL BE ALLOWED ONTO LINDON PARK DRIVE (600 WEST.)
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Adjourn City Council Meeting

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AND CONVENE THE LINDON CITY REDEVELOPMENT AGENDA AT 7:55 P.M. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Convene Redevelopment Agency to Consider the Site Plat for Lexus of Lindon

BOARDMEMBER BAYLESS MOVED TO ADJOURN THE LINDON CITY REDEVELOPMENT AGENCY AND RECONVENE THE CITY COUNCIL MEETING AT 8:30 P.M. BOARDMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

(Councilmember Acerson was excused at 8:31 p.m.)

1. Continued Public Hearing - Zoning Ordinance Amendment - Single Family Residential. The City Council will hear public comment and possibly act to approve a proposed ordinance amendment for Section 17.44. - R1-Single Family Residential Zones, of the Lindon City Code.

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

Mr. Smith pointed out the changes that had been made as a result of the last meeting. He directed the Council to page three, line 10 and commented that the issue is how to measure the building height–from natural grade or finish grade. He explained that the problem is that, within the hillside overlay, there is almost no way to determine the natural grade. Contour data of the natural grade is not available. Councilmember Dain observed that many homeowners have excavated their lots to create daylight basements and then berm against the foundations. This creates extremely high homes, but they are measured from the finish grade of the berm and so meet the requirements of the current ordinance. The Mayor and Council discussed this issue and its impact on existing neighborhoods. Mr. Smith asked for suggestions on how to resolve this issue. Mayor Ellertson suggested that a side that is excavated and left exposed should count for one of the corners to measure building height. Councilmember Hatch suggested that wording be added that requires a home to fit the neighborhood architecturally. Councilmember Bath suggested that a level be taken as an average of the surrounding land. He felt that this "average" level would prevent a home from being placed either too low or too high.

Mr. Smith commented that extending the review period of a building permit frustrates applicants. Lot owners within the Hillside Overlay submit their plans and then are told that they need to submit a grading and revegetation plan. These extra reviews cost thousands. If the city requires slope studies and grade averages in the average permit process, it will only frustrate homeowners even more. He estimated that there is only one permit in fifty that takes advantage of the City's building height policies. Councilmember Dain suggested that a limit on a maximum fill may be required. Councilmember Bayless suggested a maximum berm height also. This was discussed. It was suggested that the maximum amount could be measured from the street level. Councilmember Dain suggested that changing building height measuring from finish grade to natural grade may create more problems than it will solve. Mayor Ellertson suggested a maximum of ten feet fill or cut. Mr. Dameron suggested that including an excavated and exposed wall as one of the "corners" may solve the issue. Mayor Ellertson commented that the benefit may be negated by dividing by five corners instead of the original four. He suggested substituting the exposed wall for one of the corners. Mr. Smith suggested that staff run some scenarios to determine the effect of the suggestions and bring the results back for further consideration.

Mr. Smith directed attention to page four on accessory buildings. He observed that the ordinance now defines that an accessory building permit is required for all buildings larger than 120 square feet.

(Councilmember Acerson returned at 8:55 p.m.)

The Council discussed accessory building permits. Mayor Ellertson suggested that a permit should be required when the building is permanently attached to the ground. Mr. Shipp observed that the public's perception of accessory building permits is that the requirement is an income generator for the city. Mr. Smith pointed out that the purpose of the permit is to make sure that utility easements are observed and that building codes are met. He suggested that this requirement is already part of the building code and is put here only as reinforcement and reminder. Councilmember Dain suggested that the City consider not assessing a fee for accessory building permits when the building is under a certain value. Mr. Smith confirmed that this would be handled like a fence permit for a corner lot–no fees, but a review to make sure that codes are being observed. After discussion, the Council agreed that this may be a solution and asked Mr. Smith to work on adding wording to this effect. Mr. Dameron suggested that Mr. Smith amend the ordinance and then bring it back on the consent agenda. The Council agreed.

COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARING AND ASK STAFF TO INCORPORATE THE AMENDMENTS TO SECTION 17.44. - R1 SINGLE FAMILY RESIDENTIAL ZONES OF THE LINDON CITY CODE FOR FINAL APPROVAL ON THE NEXT CONSENT AGENDA AS FOLLOWS:
1. MOVE SECTION 17.44.150(6) TO SECTION 17.44.160.
2. REFERENCE THE SIGN ORDINANCE (SECTION 18) IN SECTION 17.44.160(1).
3. REVIEW THE DEFINITION OF BUILDING HEIGHT WITH STAFF AND BRING BACK A SUGGESTED AMENDMENT BEFORE THE FINAL MEETING IN DECEMBER, AND
4. REVIEW 17.44.150(4) TO CLARIFY THE BUILDING PERMIT PROCESS FOR ACCESSORY BUILDINGS WITH STAFF FOR DISCUSSION BY THE FINAL MEETING IN DECEMBER.
COUNCILMEMBER DAIN 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 FAVOR (5-0). THE MOTION CARRIED.

Mr. Dameron confirmed that the consent agenda item would only deal with the moving of 17.44.150(6) and the reference to the sign ordinance. The other items would require further discussion and amendment of the ordinance in a public hearing in December.

3. Resolution - Recertification of the Lindon City Municipal Justice Court. The Lindon City Municipal Justice Court must be recertified by the Utah Judicial Council every four years to continue operations. Part of the process includes a resolution by the Council that requests recertification and agrees to continue to comply with the operation standards for the term of the recertification.

Mayor Ellertson asked if there were any questions from the Council on this item. He commented that this is a standard request every four years. Mr. Dameron agreed.

COUNCILMEMBER HATCH MOVED TO APPROVE RESOLUTION #2003-13 REQUESTING THE RECERTIFICATION OF THE LINDON CITY MUNICIPAL JUSTICE COURT. COUNCILMEMBER BATH 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 FAVOR (5-0). THE MOTION CARRIED.

4. Review and Action - Hollow Park - Phase I. Bids were received and opened on October 16, 2003 for the construction of Hollow Park - Phase I, which includes the entry road and the parking area. The low bidder was Western Quality Concrete in the amount of $88,464.00. Staff recommends awarding the contract for this project to Western Quality Concrete for the bid amount.

Councilmember Dain asked if the bid includes the sprinkler system for the park. Mr. Dameron replied that this phase will only include the driveway and parking lot. Mayor Ellertson asked if there was any other discussion or questions on the low bidder or his bid. There were none.

COUNCILMEMBER ACERSON MOVED TO ACCEPT THE BID OF $88, 464.00 FROM WESTERN QUALITY CONCRETE AND AWARD THE HOLLOW PARK PHASE I CONTRACT TO THIS CONTRACTOR AS THE LOW BIDDER. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Review and Action - Appointment of Election Judges. The City Council will review the list of those citizens who have accepted the opportunity to serve as election judges in the upcoming General Election and formally appoint them to serve in that capacity.

Councilmember Bayless asked where the polling sites were for each district. Mr. Dameron commented that the map and boundaries of each precinct would be published in the newspaper. Councilmember Dain verified that the polling judges were not related to a candidate. This was confirmed.

COUNCILMEMBER DAIN MOVED TO APPROVE AND CONFIRM THE APPOINTMENTS OF ELECTION JUDGES AS PROPOSED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Review and Action - Canvass of General Election Results. The Mayor and Council are to canvass the election returns not later than seven days after an election. Staff requests a date and time for the official canvassing procedure for the General Election which will be held on November 4, 2003.

The Mayor and Council discussed setting a date for the canvass of the General Election results. THE COUNCIL REACHED CONSENSUS TO HOLD THE CANVASS OF THE GENERAL ELECTION RESULTS ON NOVEMBER 11, 2003 AT 5:30 P.M.

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain commented that he had nothing to report this week.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch suggested that the City look at striping all new roads in Lindon for walking paths. The Council discussed his suggestion.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless commented on a commuter rail report that she had recently reviewed. Mayor Ellertson replied that this report in the October 16th Deseret News was somewhat exaggerated and that the parties involved were still negotiating.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath reported on this visit with the Lindon business, Les Olsen and Company. He explained that the company was pleased to be located in Lindon and that their only concern was with a neighboring lot that was infested with weeds.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported that the Family Lecture Series, sponsored by the Character Connection, would hold a seminar tomorrow night at the Oak Canyon Junior High School at 7:00 p.m. The seminar will be on measuring successful relationships. "Meet The Candidate" night was also discussed.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Asked for hearing requests from the Project Tracking List. The Council discussed the various projects listed on the report and decided that no hearings would be required other than those already scheduled.
2. Presented the Council with invitations to the Children's Justice Festival. The Council discussed the organization's contributions to the Lindon community. Captain Cullimore commented that the organization serves about 50-75 victims of violence or sexual abuse in Lindon a year. COUNCILMEMBER BAYLESS MOVED TO APPROVE THE CONTRIBUTION OF $500 TO THE CHILDREN'S JUSTICE LEAGUE IN SUPPORT OF THE HUMANITARIAN SERVICES PROVIDED TO LINDON RESIDENTS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Discussed a letter containing a support request from Mrs. Utah County. It was decided to decline the offer of participation at this time because there did not appear to be a direct relation or benefit to Lindon residents. Mayor Ellertson suggested that the decision can be reconsidered if it is found there is some specific benefit to Lindon residents.
4. Observed that he had received notice of a Transportation Enhancement program. The various programs that may qualify for funding were discussed. It was decided to possibly apply for funding to extend the trail system across Geneva Road and State Street.
5. Noted the receipt of a thank you card from Jenny Parks of the Trust for Public Lands.
6. Reported that the secondary system had been turned off for the season on about October 15th.
7. Asked for dates to schedule a meeting with Pam Gardner of the District National Forest Office. It was decided to schedule a meeting for Friday, October 24 at 8:00.
8. Noted a copy of email from Jim Kellogg.
9. Informed the Council of a sewer backup at the Doug Olsen home. He commented that the problem was identified as roots in the main line and was being fixed.
10. Reminded the Mayor about needed appointments to Boards and Commissions.
11. Announced the "Meet the Candidates" night on Thursday, October 23 at Oak Canyon Jr. High School.

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

EXECUTIVE SESSION - The City Council will meet privately for the purpose of discussing the character, professional competence, or physical or mental health of an individual. (UT Code 52-4-7.5(1))

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AND CONVENE THE EXECUTIVE SESSION AT 10:24 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

ADJOURN

COUNCILMEMBER BATH MOVED TO ADJOURN THE EXECUTIVE SESSION AND RECONVENE THE CITY COUNCIL MEETING AT 11:07 P.M. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - December 2, 2003

back to top