The Lindon City Council held a regularly scheduled meeting on Tuesday, September 2, 2003 at 7:00 p.m. in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.

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

PRESENT

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

ABSENT

James A. Dain, Councilmember

The meeting began at 7:04 p.m.

MINUTES - The minutes of the regular meeting of August 19, 2003 will be reviewed.

The minutes of the regular meeting of August 19, 2003 were reviewed. The following corrections were made:
Page 1, Line 5: Replace the word "meed" with the word "meet."
Page 3, Line 26, 28: Replace the name "Grin" with the name "Gren."
Page 3, Line 39: Replace the name "St. George" with the name "Salt Lake City."
Page 3, Line 43: Replace the words "an internet" with the word "a." Add the phrase "on sales made through the internet" after the word "tax."
Page 4, Line 9: Delete the word "an" after the word "that."
Page 4, Line 14: Replace the word "is" with the word "in."
Page 6, Line 12,13: Replace the phrase "to the landfill district directly" with the phrase "being diverted to other districts."
Page 8, Line 3,4: Add the parenthetical phrase "per 1000/gallon increments." Delete the phrase "by kgal."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF AUGUST 19, 2003 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens' comments

Mr. Russ Tucker asked if the North Pointe Special Service District had officially informed the City of their position concerning the proposed motorcycle track. Mr. Dameron replied no. Councilmember Hatch responded that as far as he was aware, the application had been denied. He added that the County and the Landfill District were encouraging the cities to propose an alternative site. Mr. Tucker told the Council that it was his understanding that if Lindon City would undertake the responsibility for the development, then the Landfill District would approve it. Councilmember Hatch replied that the City did not have the funding to back this proposal. Mr. Tucker noted that the funds were available from private backers and the City would not be required to fund the project, just assume responsibility to the Landfill District. Mayor Ellertson commented that the issue was more than just the funding and responsibility, but that there were concerns from neighboring property owners. He added that the City was currently in active conversation with these property owners.

Mr. Tucker asked if the City would consider allowing the proposal to lease City-owned property south of the landfill. Mayor Ellertson replied that the City had not heard this proposal yet and would have to consider the request. He added that this subject would also be part of the discussion with the Forest Service at a Council of Governments meeting on Thursday. Mr. Tucker commented that Salem City is pursuing a facility next to their fairgrounds. He asked if Lindon would consider a facility next to the landfill. Mayor Ellertson replied that this was a question that could not be answered tonight, but that the City Council would discuss it in the near future. Mr. Tucker asked who to contact to find out the answer. Mayor Ellertson replied that Mr. Tucker could contact him in a month. Mr. Tucker thanked the Council for their time.

Mr. Brad Pittman, of 94 North 1200 East presented a request to purchase a parcel of land from the City near the Equestrian Staging Area below the unimproved road and behind his home. He informed the Council that he wishes to buy the parcel to put his horses on and to build a barn. Mayor Ellertson commented that this seems to be a worthwhile purpose, although the City had purchased the property with a natural park in mind. Mr. Pittman told the Council that he wished to purchase about two acres. Mayor Ellertson informed the Council that Mr. Pitman had called and talked to him about two weeks ago. He noted that the Council had recently gone and viewed this parcel. He had asked Mr. Pittman to come and present his proposal to the Council. Mr. Pittman told the Council that there would be no development on the property, just a barn and horses. He added that he would be happy to sign a development agreement to this effect, record it against the property at the County Recorder's Office and conjoin the parcel into his home lot. Mayor Ellertson asked the Council if they had any questions or comments. Councilmember Bayless commented that she considers anything that supports "equestrian use as a good use, but also anything that takes away from open spaces as a bad use." Mr. Pittman offered to donate funds to construct a covered arena near the equestrian staging area. Mrs. Pittman added that there is a lot of equestrian use of the east foothills. Mayor Ellertson thanked the Pittmans for coming and asked them to call Mr. Dameron or anyone on the Council for an answer in the next month.

Mayor Ellertson asked if there was other public comment. There was none.

Additional comment later

MAYOR'S COMMENTS/ REPORT

Mayor Ellertson commented that he had nothing new to report this week, and asked if there were any questions for him. There were none.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Preliminary Plat - Orchard Condos. This is a request by David Gren to convert the existing Gren Apartments into condominiums. The apartments are located at 365 West 800 North in the R1-20 zone. The Planning Commission has recommended approval.

Planning Director Kevin Smith displayed an aerial of the neighborhood of this proposal to turn an existing apartment complex into condominiums on 800 North in Lindon. He explained that the complex consists of two triplexes and that approval of this request would replat two lots into one lot to make a six-unit condo project. He showed the proposed plat and pointed out the limited common and common area. Mayor Ellertson asked if there was a single parking stall for each condominium. Mr. Smith replied yes and showed a photo of the parking garage. Mayor Ellertson asked if there was enough space to add additional parking if needed. Mr. Smith replied yes. He added that the Planning Commission had recommended approval with no conditions. Mayor Ellertson asked if there were questions or comments. There were none.

COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY DAVID GREN FOR PRELIMINARY APPROVAL FOR ORCHARD CONDOMINIUMS, ALLOWING THE CONVERSION OF SIX RENTAL UNITS INTO CONDOMINIUMS AT 365 WEST 800 NORTH. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Preliminary Plat - Ostergaard Estates Condos. This is a request by Arlan Ostergaard to convert an existing duplex into condominiums. The duplex is located at 287 West 500 North in the R1-20 zone. The Planning Commission has recommended approval.

Mr. Smith presented the background information on this proposal to convert an existing duplex on 500 North near the Alpine School District bus garage and ball park into a condominium project. Councilmember Hatch commented that the controls for the water system in the ball park were in the garage of this apartment complex. Mr. Arlan Ostergaard noted that the control valve had been moved from within the garage. Mr. Smith observed that the Planning Commission had recommended approval. He displayed the plat map and pointed out the proposed common and limited common areas. The utility services to the units were discussed. Mr. Smith pointed out that the condominium bylaws would address issues such as maintenance of the yard and costs of shared utilities. Mayor Ellertson asked if there were other questions or concerns. There were none.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY ARLAN OSTERGAARD FOR PRELIMINARY SUBDIVISION APPROVAL FOR OSTERGAARD ESTATES CONDOS, ALLOWING THE CONVERSION OF AN EXISTING DUPLEX INTO CONDOMINIUMS AT 285 AND 287 WEST 500 NORTH. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Preliminary Plat - Peters Subdivision Plat "B." This is a request by Carl and Laurie Nielson for preliminary subdivision approval of Peters Subdivision Plat "B," 2-lots, at 15 West 600 North in the R1-20 zone. This action includes a vacation and revision of Lot 1, Peters Subdivision Plat "A." The Planning Commission recommended approval.

Mr. Smith presented this proposal to revise Lot #1 and create Lot #2 of the Peters Subdivision. He displayed an aerial photo of the neighborhood and the proposed plat map. Mr. Jim Peters and Mr. Carl Nielson were present in the audience. Mr. Smith told the Council that the DRC recommended that the applicants improve Main Street now instead of bonding and waiting until the parcel on the opposite site of the street is developed. He added that the Planning Commission agreed with this recommendation from DRC. Mayor Ellertson asked what is on the east side of Main Street. Mr. Smith informed the Council that the LDS Chapel had been built further east and that there were three future lots planned along Main Street. Mayor Ellertson asked if a half street is recommended. Mr. Smith replied yes and explained that a finished half street will allow the homeowners to landscape to the curb edge and also to have two finished sides, both on Main Street and on 600 North.

Mr. Peters told the Council that he would be happy to either bond or build the street. He observed that, however, he planned to develop two more lots on Main Street and was concerned about improving Main Street and then tearing it up within a year to develop the next two lots. He requested that he be allowed to bond and finish the street next year. Mayor Ellertson noted that it appeared that Mr. Peters had adjusted the east lot line of Lot #1. Mr. Peters agreed that this was the case and explained that the adjustment was necessary to give Lot #2 the required minimum lot size. Councilmember Bayless asked if Mr. Peters was asking to bond instead of finish the street. Mr. Peters agreed that he would like to delay finishing the improvements for one year. Mayor Ellertson asked if Staff had any concerns with this request. Mr. Dameron replied that Staff did not have an opinion on this request. The DRC's reasoning was that since the Chapel was built and the radii of the corners established from 600 North, that finishing the street would be the best scenario in this situation. The Council discussed the request. Mayor Ellertson verified that Mr. Peters would be required to bond for the improvements before recording the plat. This was confirmed.

Mayor Ellertson asked if there were any comments from the public or Council. Councilmember Acerson asked if Mr. Peters could finish the two remaining lots now or if his request was based on either time or financing. Mr. Peters replied that he was not ready to finish the two lots now.

COUNCILMEMBER ACERSON MOVED TO APPROVE THE REQUEST BY CARL AND LAURIE NIELSON FOR APPROVAL OF PETERS SUBDIVISION PLAT "B," A TWO LOT SUBDIVISION AT 600 NORTH MAIN STREET WITH THE CONDITION THAT AN IMPROVEMENT BOND BE TENDERED TO THE CITY FOR A PERIOD OF ONE YEAR AT WHICH TIME THE IMPROVEMENTS ARE REQUIRED TO BE COMPLETED TO MEET CITY SPECIFICATIONS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Peters reported a problem with developers using remaining parcels as "dumping" ground for construction debris. He commented that the LDS Church's contractor had removed dirt, rocks and debris to the three lots during construction of the chapel. He pointed out that weeds had now grown among the rocks and would be difficult to remove. He recommended that the City consider an ordinance requiring cleanup of sites to preconstruction state. Councilmember Bath replied that the City has considered this before. Mayor Ellertson asked Mr. Smith to raise the question with the LDS Church. Mr. Peters was thanked for his suggestion.

OPEN SESSION

The Open Session was reopened. Mr. Randy Childs raised a concern about unsafe public safety response in residential neighborhoods. He reported that the police had "raced" to an emergency on Sunday night about 7:00 p.m. on 400 North. He wondered what kind of emergency warranted the kinds of speeds that he observed. He reported that the emergency had turned out to be a "nonevent," but that four police cars had responded–all with an excess of speed. He added that this same type of response had occurred again last night and was a recurring event. He expressed concern that, if this continues, it will endanger more citizens' lives than it may save. He asked the Council to address the Police Department on this issue. The Council assured him that they would check into his allegations. Mayor Ellertson thanked Mr. Childs for his interest.

4. Plat Amendment - Canberra Heights, Plat "G." This is a request by Keith Leavitt to increase the size of current lot 33 in Canberra Heights, Plat "C," at 64 South Dry Canyon Drive by approximately 12,000 square feet. This action includes a vacation of Lot 33, Canberra Heights, Plat "C" and approval of Canberra Heights Plat "G" Lot 46. The Planning Commission recommended approval.

Mr. Keith Leavitt was invited to the front. Mr. Smith displayed an aerial photo of the neighborhood and a plat map showing the proposed expansion. He explained that Mr. Leavitt had purchased some additional acreage beyond the platted boundaries of his lot, up to the border of the parcel bought by the Forest Service. He would like to combine these acreages and expand the size of his lot. Mayor Ellertson asked if the neighboring lot on the north was planning the same application. Mr. Smith confirmed that the neighboring lot had also bought the additional acreage and the Council would see a similar application in the near future. Mayor Ellertson asked if there was any question or comment. There was none.

COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY KEITH LEAVITT TO AMEND CANBERRA HEIGHTS, PLAT "C" LOT 33 AND CREATE CANBERRA HEIGHTS, PLAT "G" LOT 46. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Plat Amendment - Canberra Hills, Plat "W." This is a request by David Rossiter to combine two lots into one, Canberra Hills Plat "G" Lot 63 with Canberra Hills, Plat "J" Lot 146. This action includes vacating Lot 63, Canberra Hills Plat "G" and Lot 146, Canberra Hills Plat "J" and approval of Canberra Hills Plat "W" Lot 156. The Planning Commission recommended approval.

The applicant, Mr. David Rossiter, presented his application to combine two adjoining lots into one. Mr. Smith explained that Mr. Rossiter wished to combine the lots to vacate the utility easements between the lots. He pointed out the existing home and pool and the location of a future garage. He informed the Council that the code only allows double frontage lots if they are approved "for reasons of topography." He reported that the Planning Commission has discussed this issue, found that, "for reasons of topography," that there is no likelihood of access between the streets through the lot, and recommended that the Council approve the request. He pointed out that, because of the slope between the lots, that it is almost impossible to have access across the lots. Mr. Dameron asked if there was a fence along the property line adjacent to Teton Drive. Mr. Smith replied that a wrought iron fence had been installed that was not sight-obscuring.

Councilmember Bayless asked if the shop/garage location was the reason for the replatting. Mr. Smith replied no, and pointed out that the garage would be accessed from the back of the lot along Teton Drive. Mr. Smith recommended a note on the plat that clarifies that no through access will be allowed. Mayor Ellertson asked if there were any comments or questions. There were none.

COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY DAVID ROSSITER TO AMEND CANBERRA HILLS, PLAT "G," LOT 63 AND CANBERRA HILLS, PLAT "J," LOT 146 AND CREATE CANBERRA HILLS, PLAT "W," LOT 156 WITH THE PLANNING COMMISSION RECOMMENDATIONS AND FINDINGS, TO WIT:
1. THE GEOGRAPHY AND TOPOGRAPHY OF THE LOTS IN QUESTION LIMIT ACCESS BETWEEN TETON DRIVE AND 50 NORTH; AND,
2. A NOTE ON THE PLAT SHOULD INDICATE THAT DIRECT PUBLIC ACCESS BETWEEN 50 NORTH AND TETON DRIVE IS PROHIBITED.
COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Design Review - Utah Auto Sales. This is a request by Kevin Gallagher of Utah Auto Sales for a design review of a potential expansion of his business to property west of State Street at approximately 50 North State Street.

Mr. Kevin Gallagher was invited to the front. Mr. Smith explained that this is a design review of an application to expand the Utah Auto Sales business across State Street. He commented that the Planning Commission had three concerns: intent and application of the Lindon City Code pertaining to expansion of nonconforming uses; the safety of the public crossing State Street; and, light and noise. He explained that the Lindon City Code provision concerning expansion of a nonconforming use is subject to interpretation and that the Commission seemed to be split on the issue. The Council asked Mr. Gallagher to explain his application and address the Planning Commission's concerns.

Mr. Gallagher commented that he has enjoyed his relationship with Lindon City. He observed that he has a great location with anchors that draw people to his business. He added that he is experiencing the need to expand and grow, but there is no more room to expand within his present borders. He commented that there seems to be only one way to go–across the street. He explained that the business would remain one car lot and would require no separate licenses from the City or State. He felt that allowing him to expand this way would meet the City's requirements as stated in the General Plan.

Mr. Gallagher commented on his efforts to meet City requirements on parking, landscaping, and other issues. He explained that he had offered to buy the Wok Right In and would also like to purchase the City property, but that does not seem to be an option. He observed that the Planning Commission had expressed concerns about the intent of the current ordinance, crossing State Street, and light/noise. He suggested that the purpose of the current ordinance is to prevent State Street from becoming a line of car dealerships. He explained that he carries nice cars and keeps a nice lot. He expressed the opinion that his business would meet the eight goals of the General Plan. He noted that the property across the street has a narrow frontage on State Street, so he would do little to contribute to the perception that car dealerships line the frontage. He suggested that his business would actually be the highest and best use of the property.

Mr. Gallagher presented his proposed site plan for the property. He pointed out that he planned only one entrance in the 100 feet of frontage on State Street. He observed that the City would discover that it may be difficult to find another business that would create the income for the City that he produces. He showed the Council that his building plans include shops or bays that will be used by ten other businesses associated with the preparation and sale of automobiles– such as glass replacement, inspections, insurance, financing, etc. He expressed the opinion that this would be a benefit to the residents of Lindon. He observed that his business brings about fifty people to Lindon every day. He sells about ten cars a day. These people also go to Lindon's restaurants and convenience markets. He also pointed out that this would allow him to close his lot on the City property and so there would not be any more cars on State Street.

Mr. Dameron asked if the leased bays in his building would draw customers other than his cars. Mr. Gallagher replied no, these spaces would be used to prep vehicles for his lot. He commented that all repairs would still be performed at the shop in Pleasant Grove. He explained that the offices would include space for a mortgage company, a conference room, a finance company, and an auto accessories shop. He suggested that a way to limit customers from crossing the street is to restrict the type of car displayed and sold. He informed the Council that he was considering either "high line" cars or sport utility vehicles. He assured the Council that his golf cars, used to shuttle customers, would not be used to cross State Street. He also noted that all paperwork and prepping would take place within the confines of the property and that there would be no need for anyone to cross the street. He pointed out that even if a restaurant was built on this parcel, a customer could see an interesting car while dining and possibly get hurt crossing the street to see it. He felt that measures could be taken to reduce the likelihood of customers crossing the street, but that no one can anticipate all situations.

Mr. Gallagher addressed the issue of noise and lighting. He commented that one Commissioner had received a complaint that neighbors could hear the paging announcements. He noted that he and his salesmen find that the pages are hard to hear now, but he is willing to limit pages to a specific time of day, such as before 8:00 p.m. He observed that he has tried to be responsive to complaints in the past and would continue to do so. He commented that other ways he could reduce noise to the neighborhoods behind the parcel are a concrete wall and trees surrounding the property. His only problems with lights occurred recently and they were removed immediately when complaints were received. He noted that he has hired three people specifically to move cars to keep parking and driveways free of obstructions.

Mr. Gallagher observed that he offers a good product and service; his business enhances property tax and sales tax revenues for Lindon; and, this expansion project meets every one of the goals of Lindon City's General Plan. Mayor Ellertson asked the Council if they had any other questions for Mr. Gallagher. There was a discussion of the design review process.
Councilmember Bath commented that he still has concerns about crossing State Street. He also expressed the opinion that if Mr. Gallagher specializes to a specific vehicle type, it would give the appearance of a whole new car lot. Mr. Gallagher agreed that it would be nearly impossible to eliminate crossing the street, but, he pointed out, that there are a lot of reasons to cross State Street now–schools, bus stops, etc. There is not a pedestrian problem now and he does not anticipate a problem in the future. Mayor Ellertson asked how the customer parking issue is doing. Mr. Gallagher replied that all the parking next to the building and near the south fence were specifically assigned to customers. His employees all park in back.

Mayor Ellertson commented that he echoes the opinion that Mr. Gallagher has responded timely and well to any complaints. He expressed appreciation for these efforts, and also the thought Mr. Gallagher has put into this proposal to find ways to benefit the community as well as himself. Mr. Gallagher observed that he has tried to find ways to contribute back to the community and has helped where he can. He noted that he has a finance company that give people in the community a fresh start. He felt that this attitude of caring and helping is part of the success of his business.

Councilmember Bayless asked if Mr. Gallagher would be willing to make the limitation to a specific type of vehicle sales part of the conditional use permit. Mr. Gallagher replied yes.

(Councilmember Acerson was excused at 8:33 p.m.)

Mr. Gallagher asked what the next step is for his proposal. Mr. Smith replied that the Planning Commission needs to review the site plan. Mr. Gallagher asked if the City Council was in favor of his proceeding forward. Mayor Ellertson commented that he could not tell Mr. Gallagher not to proceed. Councilmember Acerson suggested that Mr. Gallagher pay special attention to the site arrangement and traffic concerns. Councilmember Bath agreed and commented that it is apparent that Mr. Gallagher is working on the situation.

7. Public Hearing - Annexation Policy Plan. The City Council will hear public comment and possibly act to approve the Lindon City Annexation Policy Plan.

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

Mr. Smith explained that this policy has been prepared in response to a legislative requirement. He noted that for the City to legally annex any parcel in the future, the annexation must be part of an adopted policy. He observed that there is only one parcel adjoining Lindon's boundary that would be eligible for annexation. He pointed out this parcel of twenty-seven acres on the extreme western boundary. He commented that property is owned by the LDS Church and one private owner. He noted that this parcel is potentially valuable because of the proposed Mountain View Corridor. He explained that the Mountain View Corridor project is a plan to connect cities on the west side of Salt Lake and Utah Counties to the I-15 system with major roadways. The new Lindon Interchange is proposed to be the south end of the system. He noted that he had met with a representative of the LDS Church and the private property owner. They have responded favorably to Lindon's annexation policy. He added that there have been no other comments received from neighboring cities or property owners. He commented that the final policy will have two maps attached– a land use map and an area map.

Mayor Ellertson asked for specifics on the parcel location. Mr. Smith pointed out the railroad tracks, transfer station and Utah Lake. He noted that American Fork has included this parcel in their annexation plan. Mayor Ellertson asked for public comment. Mr. Harlow Clark asked about the value of this parcel to the City. Mr. Smith explained that this parcel lies near the new interchange and could be used for services to either travelers on I-15 or the Mountain View Corridor. Mr. Clark verified that this parcel could contribute to development on the Interchange. This was confirmed. Some spelling mistakes and minor wording changes were noted. Mr. Smith commented that the tax rate would be added. Mayor Ellertson asked if there was further public comment. There was none.

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

COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION 2003-11 ADOPTING THE LINDON CITY ANNEXATION POLICY PLAN WITH THE DISCUSSED CORRECTIONS AND AUTHORIZED MAYOR ELLERTSON TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN ABSENT
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (3-0) WITH TWO ABSENT.

8. Agreement - Water Rights Agreement. The City Council will consider an agreement between Shadow Mountain Industrial Properties (Schaeffer Development) and Lindon City which will transfer approximately 118 acre feet of water rights to Lindon City.

Mr. Clark Taylor and Mr. Tom Clawson were in the audience to present this proposal. Mr. Dameron drew attention to an opinion letter from the City Attorney and explained the background of this proposal. He introduced Mr. Taylor as the representative of Shadow Mountain Industrial Properties. Shadow Mountain is the owner of property in Lindon City and an affiliate of Schaeffer Industries. Shadow Mountain owns certain water rights held with this property in Lindon. These water rights have the potential to expire in November of 2003. They have proposed this agreement to transfer the water to Lindon City to be held in escrow for future development credit.

Mr. Dameron raised a question with Mr. Taylor about transferring the water rights to development outside of Lindon City. Mr. Taylor replied that the agreement could be revised to limit the water transfer within city limits. Mayor Ellertson observed that Lindon City is prohibited from transferring any water out of its ownership. Councilmember Hatch agreed that a legal issue could develop if Lindon attempts to transfer water out of the City. Mr. Clawson observed that the ownership would not change, but that the water can be distributed outside of City limits under agreement. Mayor Ellertson confirmed that the City would receive a deed to the water, but that Shadow Mountain reserves the right to request distribution outside of Lindon City limits. Mr. Clark explained that the City would hold the water in escrow and that Shadow Mountain reserves the right to allocate the use of the water.

Councilmember Hatch commented that a future city council may not agree with this arrangement. Mayor Ellertson noted that transferring the water right to the City protects the rights from expiration. Mr. Dameron proposed a hypothetical situation to clarify the proposed agreement. He suggested that Lindon is holding the water right and Shadow Mountain has a developer in Pleasant Grove that would like to develop property. Lindon cannot transfer water right to Pleasant Grove. Mayor Ellertson suggested that Pleasant Grove may accept an agreement to use water without direct transfer. He clarified that the agreement is an attempt to secure the right for Shadow Mountain and asked if part of securing the right is showing beneficial use. Mr. Clawson replied that a city's ownership is deemed to be evidence of diligence in beneficial use.

Mayor Ellertson commented that Lindon would have the water rights for future use unless an agreement for use is created with another city. Mr. Clark commented that Lindon could decide to refuse an agreement for use if it was not for the benefit of the City. He noted that he was aware of shared water usage on city borders. Mr. Clawson agreed that the City's interests would preclude any other agreements for use. Mayor Ellertson referred to Recital #C and commented that Lindon City could not warranty protection of the water rights. Mr. Clawson replied that this clause refers to diligence in beneficial use and Lindon City meets that requirement.

Mayor Ellertson asked if there were administrative costs involved in the assignment and transfer of water that were addressed in the agreement. Mr. Clark noted that entry in the agreement. Mr. Dameron added that the City has a transfer fee that is included in the Lindon City Fee Schedule. Mayor Ellertson asked if the property owned by Shadow Mountain and Schaeffer Industries is defined in the agreement as part of where the water may be used. Mr. Clark replied yes and pointed out Exhibit A. Mayor Ellertson asked if Shadow Mountain would have the sole discretion to assign where the water is used. Mr. Clawson replied yes.

Mayor Ellertson confirmed that the law does not preclude such arrangements. He was assured that the City Attorney has reviewed the agreement. Mayor Ellertson confirmed that Shadow Mountain was aware that the water cannot be conveyed or leased out of Lindon City's name. This will only be a use issue. Mr. Clawson agreed that Lindon City will not be asked to convey, lease or sell the water. He confirmed that Lindon City will continue to be the holder of record and that the only confusion exists in the use of the water. Mr. Larry Shipp, Lindon resident, asked if the City would bill for the use of the water. Mayor Ellertson replied yes, that a use agreement could include fees.

Mr. Dameron asked if Mr. Taylor anticipated asking the City to supply water on a temporary basis to a farmer. Mr. Taylor replied that the water is intended to be used for development reasons only and no use of the shares outside of that is anticipated. Mr. Clawson commented that the point of diversion will be changed to the City wells and disbursed into the City water system. Mayor Ellertson commented that the value of this agreement is that the water will be used for development of the Shadow Mountain property. Mr. Taylor agreed and added that the water will stay in Lindon rather than being exported to another area. Mayor Ellertson suggested that the motion include the wording as suggested by the City Attorney, Gordon Duval. Mr. Dameron agreed that the wording should be added to the recitals. Mayor Ellertson asked if there were other questions or comments. There were none.

COUNCILMEMBER HATCH MOVED TO APPROVE THE PROPOSED WATER RIGHTS AGREEMENT BETWEEN SHADOW MOUNTAIN INDUSTRIAL PROPERTIES AND LINDON CITY WITH THE RECOMMENDED CHANGES AS PER THE CITY ATTORNEY AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain was excused.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch commented that he had an issue that he would like the Mayor to bring up to the Legislative Committee at the League. He would like to do something to help entities that are existing and operating, and are threatened by encroaching development. He cited as an example, an equestrian arena in Highland, Kuhni's in Provo, and the sewer district in American Fork. He observed that these businesses are an existing condition that new neighbors are aware of before they buy. Mayor Ellertson commented that some nuisances such as odors are an inconvenience, but not a health risk. Councilmember Hatch suggested that almost all cities in Utah have similar situations and that if the entity is forced out, it should be fairly compensated. Councilmember Bayless mentioned a dairy in Lindon that had received complaints from new neighbors.

Councilmember Hatch asked what percentage of coverage is allowed on a residential lot in the Lindon Code. It was thought that the Code allows for 40%, but Mr. Dameron was asked to check. Councilmember Hatch expressed concern at some of the large homes being built that do not fit the neighborhood.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless reported that some of the new landscaping needed maintenance. She asked if these areas could be added to the contract with Bratt. Mayor Ellertson commented that it was his hope to have the property owners near the new landscaping do the maintenance. Councilmember Bayless requested replacements for Commissioners whose terms were ending. Councilmember Hatch commented that the columns on the front of the City Center needed paint.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath commented that he had no report for tonight.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson was excused.

ADMINISTRATOR'S REPORT

Mr. Dameron:

1. Noted upcoming important dates for the Council. He commented that the Annual Utah League Conference is scheduled for September 10, 11, and 12.
2. Asked for requests from the Project Tracking List. After discussion, it was decided that no City Council hearings were needed.
3. Observed that he was still holding Ordinance #2 for the Mayor's signature. He noted that he would get with Mayor Ellertson to discuss this soon.
4. Reported that the Consolidated Plan for Mountainlands Association of Governments had been delivered.
5. Reviewed the returned Walmart development agreement with the Council. The differences between the proposal sent out and the one returned was discussed. The progress of the project was noted and discussed. Mr. Dameron asked the Council to review further and make suggestions.
6. Reported that he had a meeting with Rob Smith, the Assistant Superintendent for Alpine School District. They had discussed school property on Main Street and 600 North, on State Street, and on 600 South and 400 West. Plans for the properties were discussed.
7. Asked Mayor Ellertson about the possibility of using the volunteer coordinator to schedule trails clean up. Mayor Ellertson asked if Mr. Dameron was suggesting a clean up day or trail adoption. This was discussed.
8. Reported a problem with improper use of the trail in a bend. The nearby property owner has volunteered to straighten the fence and clean up the litter if the City will give him a quit claim deed for the strip. Mayor Ellertson confirmed that this action would not infringe on the width of the trail. Mr. Dameron was asked to negotiate and bring the item back in a future agenda.
9. Commented that the staff information meeting with candidates would be held this next Tuesday, September 9 and the "Meet the Candidates" night is scheduled for October 23 at 7:00 p.m. at Oak Canyon Jr. High.
10. Reported that Les Schwab Tires had opened and was having an Open House on September 6 at 1:00 p.m.
11. Asked about canceling the regularly scheduled Council meeting on November 4 because of elections. The Council agreed and asked that the item be added to an agenda.

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

ADJOURN

COUNCILMEMBER BATH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 9:50 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - September 16, 2003

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