The Lindon City Council held a regularly scheduled meeting beginning with a Work Session at 6:00 p.m. on Tuesday, April 6, 2004, in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Jerald Hatch, Mayor Pro Tem

PRESENT

Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Bruce Carpenter, Councilmember (arrived at 6:27 p.m.)
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Don Peterson, Public Works Director
Venla Gubler, Administrative Clerk

ABSENT

Larry A. Ellertson, Mayor
Lindsey Bayless, Councilmember

WORK SESSION

The Mayor and City Council will meet in a work session with the Public Works Director to hear a report on the current year data and to discuss issues and concerns for fiscal year 2004-2005.

The Work Session began at 6:21 p.m. Don Peterson, Lindon's Public Works Director was invited to the front. He distributed copies of a list showing the capital projects completed last year and a list of the projects that are pending. He explained that one of the water projects completed was the placement of a water main in Main Street between 400 North and 600 North. He noted that this completed a loop in the system and increased fire protection for subdivisions along Locust and the cross streets 480 North and 600 North. The four-inch water main in 200 East was replaced with an eight-inch pipeline, and also on 800 West, which added to the fire flow in these neighborhoods.

He informed the Council that a storm drain project in the neighborhood of the bowling alley has just been completed. Bathrooms and a pavilion were added to the Pioneer Park. The western-most Little League Baseball field in the Lindon City Center Park was reconstructed to improve drainage, and landscaping was completed along Geneva Road.
Road projects completed this past year include 700 North and various overlays and upgrades throughout the City. A pathway was completed in the area of 200 North and Canal Drive except for one section, which will be discussed later in the evening.

Mr. Peterson then presented the list of pending projects and asked the Council's help in prioritizing them for funding. He noted that he feels that the most pressing project is the installation of storm drain and road repair for Main Street between Center Street and 400 North. He pointed out and discussed some of the other projects on a map of the City.

(Councilmember Carpenter arrived at 6:27 p.m.)

There was a short discussion of the various street reconstruction and overlay projects on 200 East, 400 North, 2800 West, and 725 East. Councilmember Acerson asked how many of the projects had funding for the next fiscal year. Mr. Dameron replied that possibly three of the thirteen could be completed. Mr. Peterson stressed that the project he had designated as number one on the prioritization should remain at the top of the list, but that the other projects can be adjusted in position to meet the funding needs.

Mr. Peterson noted that a pending project for the Water Department is the replacement of a ten-inch steel line on 400 North from Canal Drive to 200 East. He reported that this line needs replacement because of considerable leaks. Storm water projects for the coming fiscal year include acquisition and improvement of the main drain channel from State Street to 100 South. He noted that the City Public Works Department has accomplished quite a few of the storm drain projects on the capital projects list in the last few years. He reported that twelve to fourteen projects have been completed from the list of eighteen to twenty. He commented that the next most important one for the coming fiscal year is this main drain. He informed the Council that this storm drain needs to be cleaned out and lined with cement to help minimize silting and weeds choking the capacity of the ditch. Mr. Dameron asked about the need to acquire property along the main drain. Mr. Peterson replied that some easements will be needed. He explained that this main drain has been used as a project for the Citywide Cleanup Day because it is difficult to get to and requires hand work. Easements are needed to allow equipment use.

Mr. Peterson commented that a full-time employee is needed in the Storm Water Department to implement the Storm Water Management Plan adopted by the Council in response to the EPA's mandate. He observed that, at present, the other employees are filling in as needed, but the position requires attention. He noted, for instance, that the sewer department employees are cleaning up and installing clean outs in a storm water line near the galvanizing plant at present. He added that this line has had no maintenance for some time. Mr. Peterson commented that run off from unfinished lots is a particular problem because of the silt that is washed into the system.

Councilmember Carpenter reported that residents had approached him about flooding problems in the 400 East 600 North area. He commented that the problems are obscured right now because of the drought, but that residents would like the situation solved before the rains recommence. Mr. Peterson asked for details. Mr. Dameron commented that the City has done some work in this area recently, and it may be already solved. Councilmember Acerson suggested some follow up with the particular residents. Councilmember Carpenter replied that he would give Mr. Peterson the names of the residents to contact.

Mr. Peterson returned to his list of capital projects for this fiscal year. He observed that the Parks Department would like to rebuild the east Little League diamond like the west one which was completed this last year. He informed the Council that the diamond had subsurface drains installed and the infield had been finished in a fast draining surface material. Councilmember Carpenter commented that this is an expensive venture. Mr. Peterson agreed and added that it will cost about $22,000.

Mr. Peterson moved to the equipment requests for this year. He explained that, because of budget constraints, equipment upgrades and trade-outs were held over to this year. He observed that it has been customary to trade-out the loader and backhoe every two years and since it was not done last year, this equipment would not have as much value. He requested a Master Vactor unit to help uncover utility lines. He explained that this unit uses pressurized water and a vacuum to uncover power, cable, fiber, and telephone lines without damage. Other equipment needed is a dump truck with snow plow and sander, four 3/4-ton utility trucks, a tilt deck trailer and a utility trailer. He explained that the older dump truck with a snow plow can be traded in. The older pickup trucks have mileage between 130,000 and 140,000 on their odometers. The tilt deck trailer should be large enough to haul two pieces of equipment to a job site and the utility trailer will be set up to repair water breaks during off hours. The utility trailer will be used to contain a generator, compressor, trench-shoring materials and lights for night work.

Mr. Dameron suggested setting a date for the budget committee to review the tentative budget. Councilmember Carpenter asked for some indication of the items that are most pressing. Mr. Peterson noted that the four trucks that are presently being used can be sold as surplus after this summer's use. Mr. Dameron suggested that a list of the vehicles planned to be replaced with the year, model, mileage and value would be helpful.

Mr. Peterson drew the Council's attention to the draft water Consumer Confidence Report that will be released in July. Councilmember Carpenter commented that Lindon City didn't have any water contamination violations this year. He observed that he was curious about any trends in the detection levels. Mr. Peterson reported that the levels seem to be stable. He described how the samples are drawn from the system for analysis.

Mr. Peterson noted that Comcast has been doing work throughout the city with three contractors. He expressed concern about undetected damage to the secondary system and asked for permission to fill the system early to help detect problems before the system is in heavy use. He noted that water can be drawn from Alpine Reach 3 at any time and the North Union Canal will be filled early. The Council indicated a positive consensus to this request.

Mr. Peterson expressed appreciation for the Council's support of the Public Works Department and its employees. He mentioned Councilmember Carpenter's visit to the department. Councilmember Carpenter offered his help with any issues. Councilmember Hatch expressed appreciation for projects and repairs handled in a timely and professional manner. Mr. Dameron suggested that the Council might interact personally with the crews and express their encouragement on a direct basis.

The Work Session was adjourned at 6:58 p.m.

REGULAR SESSION

Conducting: Jerald I. Hatch, Mayor Pro Tem
Pledge of Allegiance: Toby Bath
Invocation: Jerald Hatch

PRESENT

Larry A. Ellertson, Mayor (arrived at 8:32 p.m.)
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Gordon Duval, City Attorney
Venla Gubler, Administrative Clerk

ABSENT

Lindsey Bayless, Councilmember

The meeting began at 7:07 p.m.

PRESENTATION

Mayor Pro Tem Hatch introduced Maxine Davis to the audience and informed them that Ms. Davis has been a member of the Historical Preservation Committee for the last nine years. He asked her to tell the audience about the accomplishments that she had seen as a member of this Board. Ms. Davis corrected her tenure to 11 years. She listed the rebuilding of the Harris home in the Pioneer Park complete with furnishings as the most important accomplishment of the Committee. She explained that this is a typical pioneer home and was the oldest home in Lindon. There is a monument in front listing the original settlers of Lindon. Other accomplishments are the sixteen Historical Site plaques that have been placed on other buildings of historical significance in Lindon, sponsorship of the yearly Huck Finn Days portion of the Lindon Fair, organization of the Christmas Tree Lighting of the Lindon Historic Tree, the books of history, pictures and personal stories that have been published detailing the history of Lindon, and the start of a historical display in the Lindon City Center foyer. She expressed thanks for the opportunity to work on saving Lindon's history and the people that she has worked with on the committee. Mayor Pro Tem Hatch presented her with a plaque to honor her service. There was applause from the audience and pictures for the newspaper.

MINUTES

The minutes of the regular meeting of March 16, 2004, the special meeting of March 17, 2004, and the executive session of Marcy 17, 2004 will be reviewed.

The Minutes of the regular meeting of March 16, 2004 were reviewed. The following corrections were made:
Page 2, Line 25: Replace the word "was" with the word "is."
Page 5, Line 14: Replace the word "a" with the word "an."
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 16, 2004 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the Special Meeting of March 17, 2004 were reviewed. There were no corrections.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 17, 2004. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the Executive Session of March 17, 2004 were reviewed. There were no corrections.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF MARCH 17, 2004. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

Captain Cody Cullimore informed the City Council that he was here to announce the implementation of a new program called RAD Kids. This program teaches children violence avoidance techniques and basic self defense skills. This program is well recognized in 31 states and is approved for use in all schools. The Lindon/Pleasant Grove Police Department has received a grant to bring this program to every child in the Lindon/Pleasant Grove area between the ages of five and ten. There is also a women's class also that the public safety department would like to start. Mr. Dameron asked if this program would take the place of DARE. Captain Cullimore replied that this program will be in addition to DARE.

Councilmember Carpenter asked how long the program has been in use in other cities and if there is any information available on the effectiveness of the program. Captain Cullimore replied that this program has been used in the eastern United States for ten years. He also observed that it is hard to quantify prevention. This program is intended to prevent violence both between child and child, and adult and child. It teaches children how to avoid violence, but if they are not able to avoid it, how to protect themselves. Councilmember Hatch asked if this program is being used in other cities in Utah. Captain Cullimore replied that Springville in Utah County has recently implemented RAD.

Captain Cullimore observed that he had a second issue to bring before the Council. He noted that the Lindon/Pleasant Grove Public Safety Department is a twenty-two-year supporter of the Special Olympics. He informed the Council that this year the 75-100 mentally disabled adults that are employed at the Alpine Transition Employment Center will be helping to run the torch through Lindon and up the Lindon hill. He would like to hold a short ceremony and light a cauldron in front of the Lindon City Center. He announced the date of this event for June 3 at about noon. He presented the Council with "Olympic Torch" hats and noted that there would also be a ceremony at the Pleasant Grove clock tower.

Mayor Pro Tem Hatch asked if there were any other questions or comments. There were none. See below

MAYOR'S COMMENTS/REPORT

Mayor Pro Tem Hatch noted that he would save the Mayor's comments until he arrived.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Continued Public Hearing - Zoning Ordinance Amendment - Nonconforming Buildings and Uses. The City Council will hear public comment and possibly act to approve a proposed ordinance revision and amendment to Chapter 17.16. - Nonconforming Buildings and Uses of the Lindon City Code. The Planning Commission recommended approval. The City Council continued this public hearing from the regularly scheduled meeting of March 16, 2004.

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

Mr. Smith informed the Council that he had made the corrections and changes to the draft ordinance that had been suggested at the last hearing. He noted that the changes are marked in strike-outs and italics. He directed the Council to page three for the first of the changes and noted that provision "c" had been added to section 17.16.030(2). Councilmember Carpenter asked if a property owner would be allowed to replace a building if the lot is not considered buildable under the current code. He noted that the ordinance requires a use to be brought into compliance with the current zoning regulations, "where possible." Mr. Smith replied that section 17.16.050 allows a nonconforming building to be replaced, if it is started within one year. He noted that it again stipulates here that the replacement building should, "where possible," comply with the current building and zoning regulations.

Mr. Smith observed that Section 17.17.060 provides for loss of nonconforming status if a use discontinues for a period of six months. He suggested that the Council might consider granting extensions of this limit under certain circumstances. Councilmember Carpenter commented that the purpose of this section is to end nonconforming uses. Councilmember Acerson expressed concern that a use should not lapse without a business owner's knowledge. He suggested that the City provide notice to nonconforming uses of the possibility of losing their nonconforming status. Various nonconforming businesses were discussed.

Councilmember Carpenter expressed concern that if the purpose of this section is to limit and discontinue nonconforming uses, this ordinance should clearly set conditions under which a nonconforming use expires. Mr. Dustin Sweeten, of 6 South 400 West, and Chairman of the Planning Commission, commented that the use expires six months after the expiration of the business license. Councilmember Carpenter replied that the ordinance implies that a use expires six months after operations cease, and that if the intent is to tie expiration to the business license, it should state that condition. Mr. Sweeten suggested that the ordinance could be amended to read that expiration of the nonconforming use shall commence one year from the date that operations cease or six months from the expiration of the business license, whichever condition the business can demonstrate is longer. The Council discussed the fact that this statement clarifies their intent and places the burden of proof on the business itself. Mr. Smith noted the amendment of the noticing standard to a distance more consistent with the rest of the code. Councilmember Hatch commented that this is the more common standard.

Mr. Sweeten informed the Council that he was present tonight to verify the Council's interpretation of the intent of Section 17.16.030. He observed that the current ordinance does not allow the moving of a nonconforming use, where this amendment would allow moving if certain conditions are met. Mr. Smith directed the Council to page three, line seven. He explained that the amendment of this ordinance was prompted by the Utah Auto Sales application. The current ordinance was interpreted to allow expansion into non-adjacent property although the Planning Commission and Council were not favorable to the proposal. The ordinance now specifically prohibits expansion into adjacent property, but allows moving a nonconforming use from one parcel to another parcel within the same zone. Mr. Sweeten explained the Planning Commission's discussion on this issue and commented that the consensus had been to allow moving a use if the use is in "harmony" with the zoning regulations, or, in other words, is not a detraction to the zone. Councilmember Acerson replied that the Council is favorable to this provision and commented that it gives the governing body some flexibility. Mr. Smith noted that nonconforming use modifications will be reviewed by the Planning Commission unless the Council specifically asks to have a recommendation.

Mayor Pro Tem Hatch asked if there was any other public comment. There was none. There was discussion among the Council on the possible ambiguity of the word "harmony" and the intent of the Council and Planning Commission to allow a nonconforming use to move.

COUNCILMEMBER CARPENTER MOVED TO APPROVE ORDINANCE 2004-3 AMENDING AND REVISING CHAPTER 17.16. - NONCONFORMING BUILDINGS AND USES OF THE LINDON CITY CODE, WITH SECTION 17.16.060 CORRECTED TO CLARIFY THAT A NONCONFORMING USE SHALL BE CONSIDERED ABANDONED IF THE USE CEASES OPERATIONS FOR ONE YEAR OR SIX MONTHS AFTER THEY ALLOW THEIR BUSINESS LICENSE TO EXPIRE, WHICHEVER CONDITION THE BUSINESS CAN DEMONSTRATE IS LONGER. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).

2. Public Hearing - General Plan and Zoning Map Amendment. The City Council will hear public comment and possibly act to approve a General Plan and Zoning Map Amendment to change approximately 51 acres east of the Salt Lake Aqueduct and north of Canberra Heights Subdivision from R1-12 to Recreation Mixed Use-East (RMU-E). This action is prudent since the acquisition of this land from Canberra Development Company by the US Forest Service. The Planning Commission recommended approval.

Mr. Smith presented the proposed general plan and zoning map amendment by showing the location of the parcel. He explained that this parcel, until recently, was all in private ownership, but is now owned by the National Forest Service. This proposal changes the general plan designation on this parcel from Residential-Medium Density to Open Space and the zoning designation from R1-12 to RMU-E.

Mayor Pro Tem Hatch asked if there was any public comment. There was none. Mr. Smith explained to the Council that this amendment would change the use from residential to recreational use. Mr. Dameron wondered why the whole parcel that was previously owned privately is not being changed to RMU-E. Mr. Smith replied that this is the only section of this parcel that was zoned R1-12 and that the remainder of the parcel was already zoned RMU-E some time ago. He noted that if this parcel had remained in private hands, the owner would have requested both a general plan and zoning amendment to be able to develop the parcel. The proposed location of the Dry Canyon Park was pointed out and Mr. Smith observed that this parcel is zoned for public facilities. The City boundary was also pointed out. Ms. Susan Simmons of 751 East 200 South asked about the Dry Canyon Park. This proposed park was described and explained.

COUNCILMEMBER ACERSON MOVED TO APPROVE ORDINANCE 2004-4 AMENDING THE GENERAL PLAN FROM MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE AND THE ZONING DESIGNATION FROM R1-12 TO RMU-E FOR A CERTAIN PARCEL RECENTLY PURCHASED BY THE FOREST SERVICE AND LOCATED WITHIN THE EAST HILLSIDE OF LINDON CITY. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).

3. Public Hearing - UTOPIA Bonds Pledge. This same public hearing was held on February 3, 2004, at which time the City Council approved the resolution to pledge a portion of the city's sales and use tax revenues for the purpose of securing, in part, the bonds anticipated to be issued by UTOPIA. It was subsequently discovered that an error had been made in the public advertisement for the public hearing. The advertisement should have been placed in the newspaper twice. Instead it was only placed once. Tonight, the City Council will readdress the issue, and the Council is being asked to ratify its action which has previously taken place. The following language was included in the first public hearing and is necessary to repeat here: "The City Council will hear public comment and possibly act to approve a resolution which will pledge a portion of the city's sales and use tax revenues pursuant to a Pledge Agreement between the city and UTOPIA for the purpose of securing, in part, either (i) the replenishment of a debt service reserve fund established under the Indenture to the extent that said debt service reserve fund is drawn upon or (ii) the city's payment obligation to UTOPIA (which shall equal the city's proportionate share of the debt service obligation with respect to Bonds) in consideration for the city's interest in the Network as a member of UTOPIA. The maximum amount of the sales and use taxes that the city may be required to pay under the Pledge Agreement in any one year is $308,681. The pledge of the city is expected to remain in effect for a maximum of 20 years from the date of issuance of the Bonds."

Mayor Pro Tem Hatch asked Mr. Dameron to introduce this item. Mr. Dameron explained that the City Council took testimony from the public concerning the proposal to pledge a portion of the city's sales and use tax revenues for the purpose of backing a construction bond for the UTOPIA network at a meeting in February 2004. They made the decision to pledge, however, it was subsequently discovered that an error occurred in the public hearing advertisement. This hearing today is to correct that technical problem. Councilmember Bath confirmed that nothing in the resolution to pledge has changed. Mr. Dameron verified that there have been no changes. Mayor Pro Tem Hatch asked if there was any further public comment. Mr. Steve Marchbanks confirmed that the Council is only ratifying their previous action. This was confirmed.

COUNCILMEMBER BATH MOVED TO APPROVE RESOLUTION 2004-3 AUTHORIZING AND APPROVING A PLEDGE OF LINDON'S SALES TAX REVENUES; AUTHORIZING THE EXECUTION BY THE CITY OF A PLEDGE AND LOAN AGREEMENT AND ANY OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; PROVIDING FOR THE PUBLICATION OF A NOTICE OF PLEDGE OF EXCISE TAX REVENUES; PROVING FOR THE RUNNING OF A CONTEST PERIOD; AND AUTHORIZING AND APPROVING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. COUNCILMEMBER CARPENTER SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).

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

4. Preliminary Plat - Highlands at Bald Mountain. This is a request by Dan McKeon for a preliminary subdivision approval of Highlands at Bald Mountain, Plat "A," 39-lots, in the R1-12 zone at approximately 700 North 800 East. The Planning Commission recommended approval with conditions.

Mr. Smith presented the Council with some background on this item. He explained that the developers presented a 39-lot proposal to the Planning Commission in November that was recommended to the Council with four conditions in December 2003. He presented the recommended plat to the Council and explained the conditions. He commented that the Planning Commission suggests that access to the 800 North/1200 East collector street should be restricted so that these "double frontage" lots only have access to the proposed 760 North and 780 East streets. The Planning Commission has also recommended that the alternative cross section with planter strips and narrower asphalt be used; that half of the property for the collector street be dedicated to the City; and, that 650 East should be connected to 800 North/1000 South PG as required by the City Engineer. He also presented a copy of the subdivision as originally presented to the Planning Commission. Councilmember Carpenter commented that the subdivision plat that is recommended by the Planning Commission has more lots and is a better design than the one originally requested. The developers agreed.

Mr. Dameron commented that the Council is aware that negotiations between Black Scott Development and the City have been ongoing and that these negotiations were the subject of a joint meeting with the Planning Commission recently. He suggested that the City Attorney, Mr. Gordon Duval, be consulted on proper procedure in light of these negotiations. The Council agreed. Mr. Duval explained that one of the concerns of his office is the choice of which subdivision plat is approved because this choice could have significant dollar impact to the City. He proffered the opinion that the negotiations are not resolved and that it would be premature to approve a plan as yet. Mr. Dan McKeon of Black Scot Development referred to a letter from his attorney to the City and indicated his interpretation that a time limit has passed and negotiations are closed. He presented a copy of this letter to the Council.

Councilmember Acerson asked if the Council moves forward to consider this subdivision application, "Will that commit the City to move in a certain direction." Mr. Duval replied yes. Councilmember Acerson commented that he had the impression that if this subdivision is not approved, a form of litigation will ensue. Mr. Duval replied that if the parties elect not to negotiate any further, litigation will likely be the result. Mr. McKeon explained his position that the options have been exhausted and suggested that he would prefer that the City go ahead and condemn the property for the collector street.

Mr. Duval suggested tabling this item for a couple of weeks to allow the City Engineer to consider an alternative option that had been suggested. Mr. McKeon reiterated his view that the negotiations are over. Councilmember Acerson asked if the City is better served by not approving this subdivision tonight. Mr. Duval expressed his opinion that this is the case. Mr. McKeon noted that his development company had purchased this land from seven different landowners and asked how the City expected to have this collector without condemnation. The development plans of the previous owners and how they affect this situation were briefly discussed.

Mr. Sweeten explained that the Planning Commission felt that the developers should at least dedicate half of the road as recommended to the Council. Mr. Duval replied that this position raises "takings" issues because this is a street of regional significance and not one essential for access to the subdivision. Mr. McKeon noted that the Planning Commission had approved the present proposal. Mr. Smith clarified that the Planning Commission had made a recommendation to the Council and the final decision is up to the Council. Councilmember Carpenter commented that he did not see the point in adopting a proposal that will be litigated. Mr. McKeon replied that the development company does not have two weeks to continue negotiations. They feel that they need to pursue the approved subdivision proposal and go through condemnation proceedings for the street right-of-way.

(Mayor Ellertson arrived at 8:32 p.m. and conducted the balance of the meeting.)

Mayor Ellertson was informed of Black Scot Development's position that negotiations are closed. Mayor Ellertson confirmed that the developers are now asking for approval of the 39-lot subdivision without any dedication required for the collector. Mr. McKeon replied that the development company has run out of time and feels that they have been more than patient. He requested a vote on the 39-lot configuration. Mayor Ellertson observed that what he is hearing Mr. McKeon say is that there is pending litigation on this issue. Mr. McKeon agreed that if the City wants the right-of-way for the collector, then they must condemn the property. He cannot negotiate any longer because he has deadlines to meet. He appreciates the effort to find something workable for all parties, but he has to move on.

Councilmember Acerson commented that if the City approves this subdivision as proposed, the value of the land increases to that of subdivision lots rather than raw land. Mr. McKeon confirmed his view that the City would be condemning lots. Councilmember Acerson noted that the lots are not approved yet and the property's fair market value is based on raw land at present. Mr. Duval commented that the courts have ruled in the past that a continuation of a Council meeting is not a "taking." He would like the time for the City Engineer to review a proposal and present an offer. Councilmember Acerson asked what happens if this offer is refused. Mr. Duval replied that the City Council can review the subdivision plats that have been submitted and approve the one that benefits the City. He again suggested that it would be appropriate to continue this item to the next meeting.

Mr. McKeon observed that his development company had presented a 44-lot proposal that solved the collector issue, but that this proposal had "obviously" not met with City approval. He felt that this "very fair" proposal had been rejected. Mayor Ellertson asked if the developers felt that there was any value to the concerns of the City on the 44-lot proposal and the impact of the proposed collector alignment to the lots. Mr. McKeon replied that he felt that this proposal solved all issues and gave the City everything they wanted. Mayor Ellertson asked Mr. McKeon if he was willing to guarantee the City that there would be no impediment to development of the collector along the right-of-way border with the adjacent lots. He explained the City's concern that when the time comes to build the collector, there will be all kinds of conditions to deal with that do not exist today because of the minimal buffer. He noted that homeowner's fences, landscaping and other improvements may exist that will abut the construction zone.

Mr. McKeon expressed the opinion that the City Engineer had not done a complete cost analysis of his proposal and that the rejection had been based more on appearance or aesthetics than cost. He also suggested that a more cost effective option is to create the collector alignment with some cut and fill rather than all fill. He again reiterated that his company had done everything possible to accommodate the City's needs and that no progress has been made since January 15. He observed that the negotiations could not go on and on. Mayor Ellertson told Mr. McKeon that no specific date had been promised and that the promise had been that the City Engineer would review the proposal to see if it is feasible. He suggested that the review is nearly complete and that, for a week and a half, it would be a wise decision to wait for the results.

Mr. McKeon asked why the 44-lot configuration had been turned down if it is not for aesthetics and appearance. Mr. Dameron agreed that aesthetics had been one of the reasons, but that the cost and neighborhood safety were also issues. He suggested that the City Engineer was present and might like to address the issue. City Engineer Mark Christensen observed that many alternatives for the design of this collector had been considered. He commented that this collector has been an issue of prime importance to the City since before this particular development had been proposed. He added that a design had been reviewed and approved by the City Council, including cost estimates, prior to this submittal. He agreed that a detailed cost estimate of the design proposed in the 44-lot configuration had not been done because the road has not been designed for this configuration. He added that he does know that the 44-lot configuration will cost more than the approved configuration in the magnitude of hundreds of thousands of dollars. Mayor Ellertson asked if Mr. Christensen agreed with the recommendation to continue the request. Mr. Christensen replied that he had did not have enough time yet to evaluate the most recent proposal.

Mr. McKeon protested against having to wait for the City Council to change the City Code to allow the most recent proposal. Mayor Ellertson replied that if the plan is feasible, then it will not take long to work out the details. Mr. McKeon commented that he and his partners feel that the smaller size lots will hurt the marketability of the lots and that it will not be in their best interests to proceed with this proposal. Councilmember Carpenter asked if he was indicating that they were not interested in pursuing the proposal. Mr. McKeon replied yes. Mayor Ellertson commented that at the moment they believe they are not interested. Mr. McKeon again suggested that the City has not investigated the real costs of the proposed 44-lot alignment. Mr. Christensen replied that the detailed costs are not known, but the general costs are. Mr. Dameron suggested that the comparison of options is better done when all the information is available.

Councilmember Acerson asked Mr. Duval if it is in the best interest of the City to continue the review of this issue until the next meeting. Mr. Duval replied yes and observed that the courts have ruled many times on what is a "taking." He cited some cases and commented that a three-month delay is not a "taking," and that an additional two weeks would be in the City's best interests. Mr. McKeon objected, saying that the proposal is not "definitive." Mayor Ellertson replied that the hope is that a solution can be found that all can agree on. He added that the City's concerns extend beyond this particular development and that a solution needs to be found to meet the functionality of the community. He expressed concern that there are also extensive impacts of this collector on this development and that solutions need to be found that are win-win for all, both economically and to preserve the community. Mr. McKeon commented that he was reluctant, but that he would concede to wait for now. He added that he could not understand why the City is looking to protect people that are not here yet and that this proposal has not cost the City. Mr. Dameron noted that the City has engineered the road and his proposal would entail expense to re-engineer it. Mr. McKeon commented that the 44-lot proposal was investigated at the Mayor's suggestion. Mayor Ellertson noted that Mr. McKeon had suggested the idea and he had asked if it could be done. There was some discussion on the order of events. Mayor Ellertson commented that it appears that a motion for continuation is appropriate.

COUNCILMEMBER BATH MOVED TO CONTINUE THE REQUEST BY BLACK SCOT DEVELOPMENT FOR APPROVAL OF HIGHLANDS AT BALD MOUNTAIN SUBDIVISION AT 700 NORTH 800 EAST FOR TWO WEEKS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Preliminary Plat - Peters Main Street. This is a request by Jim Peters for a preliminary subdivision approval of Peters Main Street, Plat "A," 1-lot, in the R1-20 zone at approximately 590 North Main Street. The Planning Commission recommended approval with conditions.

It was noted that the applicant was not present yet. The Council reached consensus to skip to item six and come back to this item when Mr. Peters is present. See Below

6. Review and Action - Conditional Use Permit - T-Mobile Tower. This is a request by Jerome Gourley, representative for T-Mobile, for a conditional use permit to locate a telecommunications tower in the northeast corner of the Public Works Complex property. The Planning Commission recommended approval with one condition.

Mr. Jerome Gourley of KEG Company, Inc was present for T-Mobile Communications. Mayor Ellertson commented that this item has received a recommendation of approval for a conditional use permit from the Planning Commission. Mr. Dameron explained that usually conditional use permits are granted by the Planning Commission, but in the case of telecommunications, the ordinance requires a recommendation to the Council. The Planning Commission had one condition to their recommendation–that assurance of a utility easement within the access easement on the west side of the Public Works Complex be obtained. Mr. Dameron noted that it has been discovered that this easement is for access only and that utility access will need to be obtained from the owner of the property.

Mr. Gourley commented that the telephone line will be brought down this access easement and the power will be extended from the power box on the east side of the Public Works Complex. He asked if the telephone can be brought in overhead. Mr. Dameron replied that the City has an ordinance against overhead lines and that permission from the grantor of the easement to add a utility corridor must be obtained. Mr. Gourley observed that T-Mobile legal department has reviewed the lease agreement and say that the utilities easement is no issue. Mr. Smith pointed out that the City does not have the right to give an easement for utilities because they don't have one themselves. Mr. Dameron assured Mr. Gourley that a phone call is all that is needed. Mr. Gourley objected that the City, as the landlord, should obtain the necessary permissions. He also mentioned the terms of the negotiated lease as a consideration of why the City should obtain the necessary permission. Mr. Dameron replied that he was willing to make the call and get the permission of the property owner.

Mayor Ellertson asked if permission is not received, if all the utilities could be put in the same trench on the east side. Mr. Gourley replied that he would look at this suggestion, but he was not sure of the distance to extend the telephone line along the front of the parcel and back to the power transformer. Mr. Dameron suggested that if there is a problem with the landowner that this may be an alternative. Mr. Gourley agreed that it may be a viable alternative. He noted that he would prefer to trench direct along the access easement.

COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY T-MOBILE FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 100-FOOT WIRELESS RELAY TOWER AT 946 WEST CENTER STREET WITH TELEPHONE ACCESS ALONG ONE OF TWO ROUTES AS DETERMINED BY THE CITY'S OBTAINING PERMISSION FOR A UTILITY CORRIDOR ALONG THE EXISTING ACCESS EASEMENT. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. Review and Action - Bid Award - Culvert at 200 South 2000 West. Bids have been solicited and received for the installation/construction of a box culvert to be located at 200 South 2000 West along the waste water ditch adjacent to 2000 West. The low bidder is Johnston and Phillips, Inc. in the amount of $36,242.00. This firm has an excellent reputation with the city and staff recommends the contract for this project be awarded to Johnston and Phillips, Inc. in the low bid amount.

Mr. Dameron commented that this project is one that the Public Works Department would like to move on before the snow melt arrives. He noted that there is a small culvert in this location now, but that there appears to be an object stuck in it that restricts the flow. He added that this culvert has never been adequate for the amount of storm water that comes through there. Councilmember Hatch recommended that this project not close off access to the Transfer Station on a Saturday. Councilmember Bath asked for an estimate of how long it would take to complete the project. Mr. Dameron replied two days. Councilmember Hatch suggested contacting the Transfer Station for the best days to close the access.

COUNCILMEMBER ACERSON MOVED TO ACCEPT THE LOW BID OF $36,242.00 AND AWARD THE CONTRACT TO JOHNSTON AND PHILLIPS INC. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).

It was determined that Mr. Peters was present and so the Council returned to item five.

5. Preliminary Plat - Peters Main Street. This is a request by Jim Peters for a preliminary subdivision approval of Peters Main Street, Plat "A," 1-lot, in the R1-20 zone at approximately 590 North Main Street. The Planning Commission recommended approval with conditions.

Mayor Ellertson asked Mr. Peters if he was aware of the three Planning Commission recommendations. Mr. Peters replied yes. Mr. Smith displayed the proposed plat and reviewed the three conditions: that the applicant work with the Church to acquire and construct a full half street; that the end of Main Street be fenced to prevent access into neighboring parcels; and, that a half street may be allowed based on the finding that the application meets the criteria of Lindon City Code section 17.32.120(6)(f). He also informed the Council that Mr. Peters has acquired the property that is the subject of condition one and has presented a deed to the City for this half street dedication. The parcel lying in the center of the street easement was pointed out to the Council.

Councilmember Carpenter asked if Plat B had been completed. Mr. Peters replied that this one lot subdivision is under construction. He explained that the improvements for Main Street in front of the lot in Plat B had been postponed because of the imminence of this plat. Mayor Ellertson asked where the fence would be constructed at the end of Main Street. Mr. Peters pointed out the location. He noted that he had received permission from Mr. Colledge to extend the sewer through the future Main Street alignment to connect with the line in 480 North Street. The location of the sewer line was discussed. Mr. Peters assured the Council that the sewer line was engineered to the center of the street and not along property lines. The property owners along the remaining future alignment of Main Street were discussed.

Councilmember Bath asked if Mr. Peters would be able to recover the costs of improvements to his neighbor's properties. Mr. Peters replied that he would probably seek a reimbursement agreement. The fence on the end of Main Street and the berm in this location were discussed and it was determined that access to the remaining undeveloped portion of Main Street would be impeded by both the berm and the construction of a fence. Mr. Smith added that if a problem is encountered, it can be addressed by zoning enforcement staff. Mayor Ellertson asked if there were any questions. There were none. There was a short discussion on the name of the subdivision and Mr. Peters agreed to change it to Peters Subdivision Plat C rather than Peters Main Street Subdivision, Plat A.

COUNCILMEMBER HATCH MOVED TO APPROVE PETERS SUBDIVISION, PLAT "C," A ONE-LOT SUBDIVISION AT 590 NORTH MAIN STREET WITH THE CONDITION THAT A FENCE SHALL BE CONSTRUCTED AT THE END OF MAIN STREET AS DISCUSSED AND THAT THE HALF STREET WILL BE ALLOWED BASED ON THE PLANNING COMMISSION'S FINDINGS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The presence of Kara Pittman in the audience was noted and the Open Session was reopened.

OPEN SESSION

Ms. Pittman asked for an update on the Council decision concerning her petition to purchase a parcel of property from the City. Mayor Ellertson explained that the City has a couple of issues pending that will affect the potential of a property sale to the Pittmans. He told her that the City acquired the property in the first place as a potential trade to the Forest Service for the remaining portion of the 1200 East collector right-of-way. Since issues surrounding this trade are still not resolved, a sale cannot be contemplated as yet. Councilmember Acerson commented that although the City is slow, the Federal Government is even slower. He suggested a lease to the Pittmans with a termination clause if the trade is completed. This was discussed and the Pittmans declined a lease because of the improvements that are required for their use. Ms. Pittman asked for a commitment to a sale by the City if the trade does not take place. Mayor Ellertson replied that he was not sure that a commitment could be made at this time. Councilmember Acerson asked if the Mayor had a time frame on a conversation with the forest service. Mayor Ellertson replied no. Ms. Pittman replied that after hearing the previous conversation, she could more understand the issues. She was told that she would be kept informed.

8. Review and Action - Piping of a Section of the North Union Canal. This is a request by staff for the City Council to consider the possibility of piping a section of the North Union Canal at approximately 180 South Canal Drive. This portion of the trail which is currently under construction cannot be built because the property owner will not allow it. However, in a spirit of compromise, the property owner has indicated that if the city were to pipe the canal along his frontage, he might be more inclined to allow the trail to cross his property. The cost of piping has been estimated at $42,000.

Mayor Ellertson noted that if the City Council wishes to complete this portion of trail, this issue must be resolved. The options available to the City, including the one proposed were discussed.

THE COUNCIL REACHED A CONSENSUS TO CONTINUE DISCUSSION WITH THE PROPERTY OWNER.

9. Review and Action - Watering Restrictions and Annual Letter to Residents. Staff requests that the City Council review and approve the annual letter to residents concerning the pressurized irrigation system and the necessity for conserving water.

Mayor Ellertson noted that this letter is similar to prior years. The wording of the letter was discussed and concerns about the availability of secondary water through various systems were aired. More general statements were requested to be inserted in the letter.

COUNCILMEMBER BATH MOVED TO APPROVE THE WATERING RESTRICTIONS AND ANNUAL LETTER TO RESIDENTS AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCIL REPORTS:

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM

Councilmember Hatch reported that the Transfer Station is interviewing for a new manager. He also suggested that a resolution concerning the Home Funds Allocation was needed and presented a draft resolution similar to previous years. Mayor Ellertson commented that the key point is that Lindon will not be using any funds this year, but that they may use funds in a future year. After discussion, COUNCILMEMBER HATCH MOVED TO APPROVE RESOLUTION 2004-4 AS PRESENTED. COUNCILMEMBER CARPENTER SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless was excused.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS

Councilmember Bath commented that he nothing to report this week.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported that he was close to resolving the Lindon Days Chair negotiation. He announced the Easter Egg Hunt for this Saturday, April 9 at 9a.m. He also reminded the Council of the jointly sponsored Drug Awareness Seminar for April 29, 7:00 p.m. at Oak Canyon Jr. High School. He requested a $35.00 check for a late janitor at the school to lock up. He explained that a certificate of insurance coverage was needed also. The Council approved the check and Mr. Dameron noted that he would have the check drawn. Councilmember Acerson commented briefly on the UTOPIA furor in the newspapers, radio and television. Discussion was held on the ULCT Spring Conference in St. George.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS

Councilmember Carpenter reported that he would not be attending the ULCT Spring Conference, but would be going to Road School.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Asked for requests from the Project Tracking List. There were none.
2. Verified the attendance at the ULCT Spring Conference.
3. Requested a meeting date for the budget review committee. April 26 at 4: 30 p.m. was decided on.
4. Updated the Council on the status of the requested traffic studies. He noted that Mr. Christensen would present the results of these studies on April 20.
5. Asked for an opinion on the interest of the Council in participating in a small community highlight video. After discussion, it was decided that Lindon would not participate.
6. Observed that the Citywide Clean Up Day has been scheduled for May 15. Discussion was held on Dump Passes and new procedures at the Transfer Station.
7. Informed the Council that a decision needs to be made on setting up for video arraignment with the County Sheriff. The pros and cons of the proposal were discussed and the decision was made to request the service.
8. Commented that a traffic signal will be installed at the new freeway interchange southbound off-ramp by the end of July.
9. Announced that the Larry H. Miller Lexus of Lindon would be holding a Grand Opening on Thursday, April 15. Councilmember Bath volunteered to attend to represent the City.

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

ADJOURN

COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:25 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - April 20, 2004

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