The Lindon City Council met in a regularly scheduled meeting beginning with a Field Trip at 6:00 p.m. on Tuesday, September 16, 2003 in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.

FIELD TRIP - 6:00 P.M.
The Mayor and City Council members will meet at the City Center to begin a field trip to the east side of town to review the property recently purchased for open space.

The Mayor and Council gathered at the Lindon City Center at 6:07 p.m. Maps to the property were distributed and the group reconvened south of the Equestrian Staging Area in the Lindon foothills. Mr. Dameron told the Council that he had asked the City Engineer to stake the property. The stakes were found and the boundaries discussed in view of Mr. Pittman's request of the previous meeting. The location of the Aqueduct was noted. The Councilmembers discussed the proposed sales and its ramifications to City interests. The consensus of the Council was to decline the offer by Mr. Pittman to purchase a portion of this property due to its proximity to the Aqueduct and its value to the City. The Mayor and Council adjourned the field trip at 6:50 p.m. to reconvene at the City Center.

REGULAR SESSION - 7:00 P.M.

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

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 7:06 p.m.

MINUTES

The minutes of the regular meeting of September 2, 2003 were unavailable for review.
THE COUNCILMEMBERS AGREED BY CONSENSUS TO CONTINUE THE REVIEW OF THE MINUTES UNTIL OCTOBER 7, 2003 AT THEIR NEXT REGULAR MEETING.

OPEN SESSION

Mr. Pete Schmidt of 990 South Main in Pleasant Grove asked if the Council would be in favor of his moving his diesel repair business to the Mountain View Industrial Park near Wasatch U- Cart and the Pheasant Brook Park. He would like to build a 5,000 square foot building on 1.25 acres. Mayor Ellertson asked if the use fits the zone. Mr. Smith replied that this location falls within the light industrial zone. Mr. Schmidt was advised to bring his plans to the Development Review Committee to start the process.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson announced that there would be a Celebration sponsored by the Trust for Public Lands to be held this Saturday, September 20, 2003 at 11:00 a.m. at the Dry Canyon Trailhead. He invited the Council and City staff to attend this event.

Mayor Ellertson commented that construction on 700 North between State Street and Geneva Road would be progressing this month. He also noted that he was continuing to work with property owners to continue the road toward the new Interchange next spring. He added that he was optimistic that negotiations would be completed soon.

Mayor Ellertson informed the audience that the Council had just returned from a field trip to the east side of Lindon where they had been viewing potential land for parks. He noted that Lindon, along with other communities in Utah County, had been working with the Provo River Water Users Association to cover the Murdock Canal and convert the easement into a park and walkway. He invited interested residents and Council to attend a meeting discussing this proposal on September 24, 2003 at 7:00 p.m. at the Provo River Water Users Association offices in Pleasant Grove. He asked if there were any questions for him. There were none.

CONSENT AGENDA - No items

CURRENT BUSINESS

1. Resolution - Annexation Policy Plan. The City Council reviewed the Annexation Policy Plan during a public hearing on September 2, 2003. The Council will now consider action to adopt the Annexation Policy Plan for Lindon City.

Mr. Smith presented the resolution to adopt the Lindon City Annexation Policy Plan. He told the Council that this version is identical to the one they reviewed two weeks ago, only this is in resolution form. Councilmember Bath asked if the corrections discussed had been incorporated. Mr. Smith replied in the affirmative. Councilmember Hatch raised a question about the maximum population predictions. Mayor Ellertson commented that this is just a forecast. Councilmember Hatch suggested that a smaller number would be justified by Lindon's push to preserve "a little bit of country." After discussion, Mr. Smith was asked to change the forecast to 17,200.

Mayor Ellertson pointed out some additional grammar changes and raised a question on the Goals, Objectives and Policies. He noted that these policies are subject to interpretation, but he wondered how the City could require public facilities, including police and fire, before an annexation is accepted. Mr. Smith replied that these public facilities must be feasible, not built and in place. The Annexation studies were next questioned. Mr. Smith replied that these studies will, in most cases, be simple and uncomplicated. Mayor Ellertson observed that these requirements are set by State Code. Mr. Smith agreed.

Mayor Ellertson asked if there were other questions or issues from the Council or the public. He then questioned the disclosed tax rate increase per year. This was discussed and Mr. Smith was asked to double-check this amount with the City Finance Director. Mayor Ellertson asked if there was any comment. There was none.

COUNCILMEMBER BATH MOVED TO APPROVE RESOLUTION 2003-11 ADOPTING THE LINDON CITY ANNEXATION POLICY PLAN WITH THE CHANGES TO THE MAXIMUM POPULATION FORECAST, TAX RATE INCREASE, AND OTHER MINOR GRAMMAR AND SPELLING CORRECTIONS. 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 MOTION CARRIED UNANIMOUSLY IN FAVOR (5-0).

2. Review and Action - Development Agreement. This is a request by John Owens of Colliers International on behalf of Walmart for consideration of a development agreement between Walmart and Lindon City. This draft of this agreement was drawn up by Walmart after considering the city's proposed development agreement.

Mr. Dameron reported that Mr. Owens had requested this item to be continued.

COUNCILMEMBER ACERSON MOVED TO CONTINUE THE REQUEST BY JOHN OWENS OF COLLIERS INTERNATIONAL ON BEHALF OF WALMART FOR CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN WALMART AND LINDON CITY TO THE NEXT REGULARLY SCHEDULED MEETING ON OCTOBER 7, 2003 OR BEFORE, IF NECESSARY. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mayor Ellertson took a few minutes to recognize the Scout Troop in the audience. They identified themselves as Troop 160 and told the Mayor and Council their names. Mayor Ellertson welcomed them to City Council meeting. He asked if they had any questions. There were none.

3. Discussion - West Side Residential Master Plan Proposal. Staff will present the results of the photographic survey taken by the Council and the Planning Commission and determine the next course of action for this project.

Mr. Smith displayed a map of the west side of Lindon and explained to the members of the audience that this area is mainly farms, but may be developing more rapidly because of the new freeway interchange. He commented that he had compiled a photo survey of new development ideas to get an idea of the opinions of the Planning Commission and Council. He distributed a sheet that listed the average scores of each picture. He showed the pictures and related that score given to each. He suggested that any picture with a score of either 3 or 3.5 and higher should be used to start considering the next step in the process.

Councilmember Bayless mentioned that she had attended some Utah League of Cities and Towns meetings on this subject and suggested a field trip to Farr West. She also noted that there were some design elements shown that she likes, but is not sure that they will work in Lindon. She suggested that water conservation elements be considered. She then suggested that the Council needs to discuss the "six units per acre" idea and decide if this is an average or an absolute, and how much acreage should be included in the average. Mr. Smith agreed that it will be a challenge for the Council to agree on the concepts displayed. Councilmember Bayless noted that most of the Council agrees on the inclusion of commercial, but there is more disagreement on the residential component. Mr. Smith added that these design elements are new to Utah for the most part, but this survey will help to define the elements of design that have found favor. He observed that the pictures are not enough to create an ordinance, but can be used to create an "illustrated" ordinance possibly. Councilmember Bath commented that over half of the pictures have a rating of 3.4 or above. Mr. Smith agreed. Councilmember Bayless commented that Lindon is unique and so there must be unique solutions.

Mr. Larry Shipp asked how commercial and residential components can be mixed and remain compatible. Mr. Smith explained the Riverwoods concept. He displayed the preliminary sketch of 700 North that he had commissioned. Mr. Dameron commended Mr. Smith for his hard work. Mr. Shipp asked if this would translate into other parts of Lindon. Mayor Ellertson replied that the focus of these ideas is on the west side of Lindon.

4. Resolution - Storm Water Management Plan. Staff requests the City Council consider adopting the Storm Water Management Plan for Lindon City. This plan is a requirement of the EPA Phase II Storm Water regulations, and has been developed over the past year by staff after public input and citizen participation. It is now ready to be considered for adoption.

City Engineer Mark Christensen told the Council that cities, in the past, have addressed storm water from the basis of quantity. With the Phase II rule, cities must start to consider quality. The EPA Phase II rule is administered by the Utah State Department of Environmental Quality. The cities of Utah County have joined together to address certain portions of the requirements. This Storm Water Management Program is required as part of the permit process and addresses six issues: public education and outreach on storm water impacts, public involvement and participation, illicit discharge detection and elimination, construction site runoff control, storm water management in new development and redevelopment, and pollution prevention for city operations. To address these issues, each entity must develop best management practices (BMP), establish measurable goals using BMP, conduct a periodic review of the effectiveness of the BMP, and submit a corresponding report to the State. The Lindon City Storm Water Management Plan consists of eight parts. He referred the Council to pages 1-2 to review the parts of the program.

Part One is the Introduction. Part Two discusses public education and outreach practices. He informed the Council that most of the continuing portion of this program depends on participation of the Utah County Storm Water Coalition in distribution of pamphlets to educate the public. He noted that Part Three mainly consists of the development of a Lindon City ordinance and technical manual to manage storm water BMP, and making capital improvements to the storm water system.

Mr. Christensen told the Council that Part Four consists of the Public Works Staff practices. He noted that this part of the program includeds-covered winter salt storage, inspection of the system, street sweeping, and inspection of construction and development. He stressed that this plan had been developed over a period of time with the input of a public advisory committee that included representatives of business, contractors, developers and residents. He noted that Part Five covers development and construction and Part Six contains the "fact sheets." He displayed an example of a fact sheet. The fact sheets were examined and discussed. Various situations covered by the fact sheets were discussed. Mayor Ellertson observed that the committee had not been creating the fact sheets, but adapting them from other cities and Salt Lake County.

Mr. Christensen commented that enforcement is the key to the success of this program and that Lindon City should anticipate an investment for implementation and enforcement. Mr. Dameron commented that this is being planned for the next fiscal year. Councilmember Acerson asked if the proposed plans had been discussed with all contracting companies. Mr. Christensen replied that the contractors had been informed of impending regulation during the City's annual contractor's meeting.

Mayor Ellertson asked when implementation of the program is due. Mr. Christensen replied that the City must have the program in place and account for its effectiveness (first report) by October of 2004. Mr. Christensen pointed out that Part Seven covers the goals of the program, and Part Eight shows the reports.

Councilmember Acerson asked about the response of developers to this program. Mr. Dameron replied that most contractors and developers were familiar with the program because it has already been implemented in Salt Lake County. Mr. Christensen agreed. He asked if there were questions.

Councilmember Dain commented that the City is making a commitment to manpower when this plan is adopted. Mr. Christensen replied that the City is committing to a five-year plan. Each year the City will have the opportunity to review and refine the plan. Mr. Dameron commended the committee for their work in preparing this plan. Mayor Ellertson acknowledged the effort involved. He asked what the City faces if this plan is not implemented. Mr. Christensen told of the enforcement regulations in the EPA and State. Mayor Ellertson asked if there were any comments or discussion. There were none.

COUNCILMEMBER DAIN MOVED TO APPROVE RESOLUTION 2003-12 ADOPTING THE STORM WATER MANAGEMENT PROGRAM FOR LINDON CITY. 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 MOTION CARRIED UNANIMOUSLY (5-0).

5. Review and Action - Bid Award - State Street Main Ditch Storm Drain. Bids were received and opened on September 11, 2003 for the construction of the State Street Main Ditch Storm Drain (adjacent to the Bowling Alley). The low bidder was High Peaks Contractors in the amount of $54,938.80. After checking the credentials of this firm, staff recommends the contract for this project be awarded to High Peaks Contractors in the bid amount.

Mayor Ellertson introduced the bid award agenda item. He commented on the letter from JUB and the reservations expressed there that High Peaks could complete the project within the contract specifications. Mr. Dameron noted that Mr. Thurgood still has reservations and would like to check their bid one more time by line item. Mayor Ellertson suggested approving the contract pending Mr. Thurgood's review. Councilmember Bayless asked the scope of the project. Public Works Director Don Peterson described the project as the replacement of storm drain facilities on the east and west sides of State Street near the bowling alley and Dr. Healey's office.

COUNCILMEMBER BAYLESS MOVED TO ACCEPT THE LOW BID OF $54,938.80 FROM HIGH PEAKS CONTRACTORS SUBJECT TO FINAL RESOLUTION OF STAFF REVIEW AND THE MAYOR'S APPROVAL AND AWARD THE CONTRACT FOR THE STATE STREET MAIN DITCH STORM DRAIN PROJECT. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain asked on the outcome of the Goodfellow request in Planning Commission. Mr. Dameron reported that the request was denied on the grounds that the conditions of the original conditional use permit had not been completed.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch commented that he had nothing to report for tonight.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless reported on items from her attendance at the recent League of Cities and Towns conference. She presented information regarding a "healthy community program" and suggested that this is a worthwhile program. There was a discussion of this program and possible volunteer coordination. There was a short update on the proposed assisted living ordinance.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath asked if the City had a Calendar of Events so that churches and other community organizations could plan accordingly. He was referred to the City website.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported that the Character Connection was ready to disburse their matching funds for the educational grants. He and Mr. Dameron discussed the best means of completing this transaction. Mayor Ellertson commented on the wonderful values this organization represents and asked how the City could recognize this contribution to the community. This was discussed. Councilmember Acerson added that the organization had also committed funds to the Lindon Days committee breakfast and asked where to send the check. He was referred to the Lindon Days Committee chair. He asked if the chair had scheduled a time to report to the Council yet. Mr. Dameron replied no.

Councilmember Acerson asked if Doug McKay of the Utah County Amateur Radio Emergency Service had called to schedule a presentation to the Council. Mr. Dameron replied no. He reported that the group would like to pursue having a station in Lindon again. There was a discussion of the group's needs and the issues surrounding their requests.

Councilmember Acerson announced that the Character Connection is sponsoring a "Family Week" in November. There will be a fireside at the Lindon Stake with keynote speaker, President Brown, sometime the second or third week of November. He noted that this is planned to become an annual event. He thanked Public Works Director Don Peterson for his resolution of the "tree issue" and reported that a tree had plugged a storm drain on 900 North.

Councilmember Bayless suggested that a decision needed to be made concerning the meeting scheduled for election night. It was decided to cancel the meeting scheduled for November 4, 2003.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Reminded the Council about the celebration on Saturday, September 20. He asked Mr. Harlow Clark of the New Utah to give the event as much publicity as possible. Mayor Ellertson commented that the facilities were limited, so he would appreciate the article coming out after the event.
2. Announced the Engineering Coordination meeting for Thursday, September 25 at 11:00 a.m.
3. Discussed the Project Tracking list with the Council. There were no items for followup.
4. Referred to the copy of a letter from the city attorney addressed to the Timpanogos Sewer District about an odor easement. There was a discussion of the ramifications of this issue.
5. Discussed using the volunteer coordinator for clearing and maintenance of trails.
6. Reminded the Mayor that appointments are needed to Lindon's Boards and Commissions. Councilmember Bayless commented that she had some suggestions.
7. Drew attention to an email from Ron Hatfield. The issue was discussed.
8. Announced the "Meet the Candidates Night" for Thursday, October 23 at Oak Canyon Jr. High at 7:00 p.m.
9. Presented a copy of the bid tabulations for the Canal Drive Trail. The Council approved sending Nielson Contractors a purchase order for $20,950 to complete this project. There was a discussion of the project.

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

ADJOURN

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 9:35 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - October 7, 2003

back to top