The Lindon City Council held a regularly scheduled meeting beginning with a Work Session at 6:00 p.m. on Tuesday, April 20, 2004, in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson

PRESENT

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

ABSENT

WORK SESSION - 6:00 P.M.

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

Mayor Ellertson called the meeting to order at 6:15 p.m. Finance Director Kristen Colson distributed copies of the 2003-2004 Financial Overview and Forecast for the remaining year. She directed attention to the sheet that addresses the General Fund revenue. She noted that there is an overall 103% forecast for the General Fund Budget revenue. She informed the Council that although current property tax, room tax and sales tax revenues are lower, licenses and permits, federal grants, and the liquor tax allotment are higher. She asked if there were questions. Councilmember Bayless asked what is encompassed in the "charges for services" category. Ms. Colson replied that this is the lease revenues for City properties. The Council discussed the increase in cemetery revenues. Mayor Ellertson asked about the shortfall in collection of property taxes. Ms. Colson replied that the forecast is conservative, however, residents will delay paying property taxes when the economy is slow. She added that the receivables for prior year's taxes will become higher.

Ms. Colson directed the Council to the General Fund expenditures section. She noted that the line item "elections" is higher because of an unbudgeted expense. City Attorney's expense is also higher and might still increase due to increased usage. Councilmember Carpenter asked if this increase is the result of a big incident or just an overall increase. Mayor Ellertson commented that this year's budget amount was based on last year, which was an unusually low year. Mr. Dameron observed that the City Attorney had been used more frequently lately and listed some of the issues. He added that it is hard to estimate use of the City Attorney in advance and that next year the budget amount will be higher to try and compensate. Additionally, the attorney has requested an increase in the "per hour" charge to the City.

Ms. Colson noted that Judicial and Police costs are also higher. She explained that the Police item is higher because 911 taxes are being remitted to the police department. She also commented on the slow turn around on payments from the telecom companies' taxes. Ms. Colson explained that the Fire Department item is high because of increased weed abatement. She noted that this is also an item that is hard to budget in advance. Another item higher for purchases of special supplies is Animal Control. She informed the Council that the line item "Transfers to Other Funds" is also higher than expected due to unexpected transactions for the Road Fund, UTOPIA and Lindon Days. She asked if there were any questions on this part of the work sheet. There was none.

Ms. Colson directed attention to the Water Fund work sheet. She noted that the difference in the total revenue figure and the budget amount is the 700 North funding that has not been received. She noted that if this item is split out from the other revenue, the City has received 109% of the total budgeted amount. She informed the Council that this increase is due primarily to impact fees. She observed that the corresponding expense for 700 North has not been separated. She asked if there were any questions. Mayor Ellertson asked that capital expenditures be listed separately for each fund.

Ms. Colson next addressed the Sewer Fund and noted that the 700 North item was separated from the revenue, but not the expenditure portion. She informed the Council that this fund is also above budget due to growth (impact fees). She asked for questions. There was none. She directed attention to the Storm Water Fund and told the Council that the same caveats apply as to the Sewer Fund. She noted that the Waste Collection Fund is a "wash" because the funds that are collected are paid to BFI.

The Revenue Tracking List was examined. Mr. Dameron pointed out the Mobile Telephone Tax listing in the last six lines. Mayor Ellertson asked when the change to this ordinance is required to be completed. He explained to the Council that the State Legislature has changed the allowed one dollar city tax on cell phones to a straight 4% on both cell phones and franchises. Mr. Dameron observed that the new ordinance must be in place by July 1. Councilmember Carpenter asked if the liquor fund is based on Lindon's restaurants. Ms. Colson replied that the fund is distributed based on population rather than licenses. She asked if there were additional questions. There was none.

Ms. Colson noted that the Annual Debt Schedule, with graphs, was next in the packet. She also directed attention to the accretion table for the Municipal Building Authority I-15 Interchange Right-of-Way Bond. She pointed out the capitalized interest shown in the table. Mayor Ellertson informed the Council that the City's financial advisors are recommending a refinance on this bond. The Council discussed the advantages and disadvantages of refinancing and the possibilities of an early pay-off. Councilmember Bath suggested that the possibilities be investigated before interest rates raise. He was assured that Mr. Burningham was looking into the matter.

Mr. Dameron asked the Council to note the General Fund portion of the Annual Debt Schedule. He observed that there would be two issues paid off by the end of 2005 and that the City Center Building would be paid off by 2007. Councilmember Carpenter asked what proportion of the total debt is attributable to the general fund. The amounts were pointed out and it was noted that the largest portion of debt belongs to the Water Fund and the Special Improvement Districts. Ms. Colson commented that a large portion of the SID bond debt was paid this year by Larry Miller and Les Schwab because they opted to clear the obligation rather than become responsible for the yearly payments. Councilmember Carpenter verified with Ms. Colson that the projections are based on the scheduled payments. He asked which of the City's bonds carry the highest interest rate. He commented that it may be in the City's best interest to pay off the highest one. Ms. Colson replied that RDA District #3 is high at 6.38%, but that the payments are covered by an assignment of tax increment. She observed that any savings on interest would go to the property owners rather than City. She assured him that the I-15 bond would be the best Bond to either refinance or pay off early. Mayor Ellertson observed that this Bond is scheduled to be paid in 2015 with a balloon payment.

Ms. Colson introduced the subject of possible budget issues for the 2004-2005 Budget process. She observed that the Assistant Treasurer position is not a new position to the City, it just needs to be filled again. She commented that she had included a list of both her duties and the duties of the Administrative Clerk, Venla Gubler. The position would be used to ease the work load and pressure from both positions. She assured the Council that she would work with the auditors to secure separations of duties. She noted the estimated expenses of filling this position. Councilmember Bayless asked if the higher insurance rates had been taken into account when estimating the expenses of refilling the Assistant Treasurer position. Ms. Colson replied no, that these estimates were prepared before notice of the insurance increase. She asked if there were questions. There was none.

Ms. Colson next addressed the Health Insurance premium increase. She noted that the City has received notice of a 23% premium increase because of usage. She informed the Council that the City employees have experienced a year of chronic illnesses that have contributed to this increase. The Council discussed how insurance companies place companies in "tiers" and "pools." Various options were examined. Ms. Colson told the Council that she would discuss extenuating circumstances that the insurance company could take into account when setting rates for the approaching year.

Another issue for the Budget Hearings may include an Employee Tuition Reimbursement Program that she previously introduced to the Council at the Retreat. She reviewed the salient points of the proposed program. Councilmember Carpenter asked if she had any ideas on the estimated costs. Ms. Colson replied no and added that it was hard to estimate how many of the employees would take advantage of the program. Mr. Dameron informed the Council that the Tentative Budget would be presented in May and Work Sessions would be scheduled. The Public Hearings on the Budget will be held in June. The Work Session was closed at 7:09 p.m.

REGULAR SESSION - 7:00 P.M.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Patrick MacMillan, Troop 836
Invocation: Jeff Acerson

PRESENT

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

ABSENT

The Meeting began at 7:12 p.m.

MINUTES - The minutes of the regular meeting of April 6, 2004 will be reviewed.

The Minutes of the regular meeting of April 6, 2004 were reviewed. The following corrections were made:
Page 1, Line 35: Add the words "western-most" before the word "Little."
Page 2, Line 18: Add the words "of the ditch" after the word "capacity."
Page 5, Line 28: Delete the redundant word "also" after the word "class."
Page 6, Line 2: Replace the word "will" with the word "with."
Page 12, Line 27: Replace the word "had" with the word "did." Add the word "have" after the word "not."
Page 18, Line 8: Replace the phrase "this is needed for" with the words "a certificate of." Replace the word "purposes" with the words "coverage was needed also."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE APRIL 6, 2004 MEETING AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

There was no public comment.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson commented that the only project he is actively working on is reaching agreements to extend 700 North to the freeway. Newspaper representative, Harlow Clark, asked if this would complete the extension of 700 North to the freeway. Mayor Ellertson replied yes and noted that some coordination with Pleasant Grove is still needed, but he is encouraged that the agreements will be reached this year.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Preliminary Plat - Highlands at Bald Mountain. This is a request by Dan McKeon, of Black Scot Development, for a preliminary subdivision approval of Highlands at Bald Mountain Subdivision, Plat "A," 39-lots, in the R1-12 zone at approximately 700 North 800 East. The Planning Commission recommended approval with conditions. This item has been continued from the April 6, 2004 meeting.

Mayor Ellertson reported that the applicant has requested this item to be dropped from tonight's agenda. It will be brought back to a future meeting.

2. Public Hearing - Street Vacation - Portion of 600 North at State Street on the East Side. The City Council will hear public comment and possibly act to approve the vacation of a small section of the current 600 North Street on the east side to allow for the realignment of the intersection with State Street. The Planning Commission recommended approval with conditions.

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

Councilmember Hatch asked if the realignment of the 600 North intersection with State Street is ready to proceed with the property acquisition on the south side of the intersection and is therefore prompting this street vacation hearing. He was assured that Walmart had arranged to make the realignment of 600 North as required. Mr. Smith reminded the Council of the Lindon Car Wash proposal on the northeast corner of 600 North and brought up the approved plat. He commented that the Planning Commission had recommended that the portion of 600 North that will be left after the intersection is realigned should be incorporated into the landscaping of this development. The Council had agreed and approved the plat with this condition. Residents along 600 North have been advised of this street vacation. Notice has also been provided to residents in general through the newspapers.

Councilmember Acerson asked if construction has stopped on the carwash project. Mr. Smith replied that there had been demolition taking place, and that the building permit was applied for today. Councilmember Carpenter observed that a nay vote had been recorded in the Planning Commission and asked if there were some issues that have caused dissension. Mr. Smith replied that one Commissioner felt that another type of roof should be required for the carwash project, and was not against the vacation of the street as recommended. Mayor Ellertson commented that he would like it made clear that the street vacation is to be used for landscaping and not for improvements. He noted that the City still has utility easements to maintain under this section. Mr. Smith replied that this notation can be made in a deed restriction, within the easement on the plat, or both. Mayor Ellertson replied that he would like to see it on the deed. Mr. Smith observed that the Commercial zone is required to have twenty-feet of landscaping. The street vacation would give ownership of the parcel to the carwash business owner and the City would have a utility easement only.

Councilmember Bayless asked if the business was ready to proceed and if the vacation is necessary now. Mr. Smith replied that the deed to the property can be held until the business receives a certificate of occupancy rather than being issued now. The Council reached a consensus that they would prefer this procedure.

Mr. Harlow Clark asked the purpose for the realignment of 600 North. Mayor Ellertson replied that the realignment would turn 600 North at a ninety degree angle to State Street to increase safety. He also noted that access to Walmart would occur at this intersection and that the State Department of Transportation is planning to put a signal light here as soon as the warrants indicate the necessity, which will probably be soon after Walmart is completed. Mr. Dameron observed that Walmart is scheduled for completion in August 2004. Mayor Ellertson asked if there was other public comment. There was none.

COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST TO VACATE A SECTION OF 600 NORTH AS PROPOSED, DEEDING THE PROPERTY TO THE LINDON CAR WASH CONCURRENTLY WITH THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, AND WITH THE CONDITION THAT THE PARCEL BE MAINTAINED IN LANDSCAPING AND THE CITY UTILITY EASEMENTS BE PRESERVED. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

3. Public Hearing - Design Variance. This is a request from Mel Olsen for a design variance allowing a modification to the City's requirements of development to 1) turn in water for his development and 2) connect to the City's pressurized irrigation system. Staff recommends approval and the Planning Commission recommended approval with conditions.

Mr. Mel Olsen introduced himself to the Council as the applicant. Mr. Smith proceeded to submit background information on the application. He directed attention to the copy of the variance procedure within the Lindon Code that was included in the staff report. He displayed the parcel location that is the subject of this request and informed the Council that Mr. Olsen has requested to build a pavilion on this parcel. The Lindon City Code requires connection to the City's secondary system, however, in this case, this requirement is not necessarily in the best interests of the City. Mr. Olsen has a well and irrigation rights that he can use on this parcel. He has agreed to submit enough water rights to the City to cover his fire protection needs, and requests that the Council consider granting a variance to the balance of water submittal requirements and allow him to use this well for his irrigation needs.

Mr. Smith displayed the site plan and noted that Mr. Olsen has indicated his desire to move the pavilion back to the northeast about sixty-feet to restrict visibility from Teton Drive. He also displayed the building elevations, pointed out the basement with full kitchen, restroom and shower, and noted that the building is about 30 X 60. He observed that this structure must be built to residential standards to allow occupancy, according to the building code. This also raises the issue of Mr. Olsen's plans for a future home on this parcel, since only one home per parcel is allowed. He suggested that the pavilion may have to be altered in the future by remodeling the fixed cooking appliance (stove) to allow the construction of a home on this parcel. Mayor Ellertson commented that this situation exists if the parcel is to remain as one lot. He asked Mr. Olsen if he could subdivide. Mr. Smith commented that one reason this parcel had not been subdivided by Canberra Development is the steep slope to Teton Drive. If this parcel is divided, it may be subject to the Hillside Overlay ordinance and the driveway could be too steep to meet the cut and fill requirements of the Lindon City Code. At present, Mr. Olsen has an unimproved access across City property.

Mr. Olsen told the Council that he has two addresses for his parcel–one that indicates the physical location of the parcel on Teton Drive and one that indicates the location of the access to the parcel on the easement across City property. Mr. Dameron commented that a dirt road access is not a city street. Mr. Olsen explained his plans for the parcel and pointed out this access to 1200 East. He noted that a playground, sand box, grass ballfield, and pavilion are his present plans. He commented that he could take the stove out and use a barbeque and roasters to alleviate the concerns about a "second residence." He pointed out the proposed location for a future home and noted that he would prefer not to fence the parcel, but it may become necessary to deter vandals. Mr. Dameron commented that the forest service is moving their gate and fence line, which may improve Mr. Olsen's security. Councilmember Carpenter asked if the Forest Service also has access across Mr. Olsen's property. Mr. Olsen replied no, the easement across his property is for Lindon City access to the City's water tank and for Bureau of Reclamation access to the Salt Lake Aqueduct. Councilmember Hatch asked if Mr. Olsen planned to improve the access to the property. Mr. Olsen replied that he would like to enhance the road on the property, but would prefer stabilizing with a grid and planting grass rather than asphalt.

Mayor Ellertson asked if there was any comment or questions from the public. He explained that the issues are submittal of water shares, connection to the secondary system, and fire flow considerations. There was no public comment. Councilmember Bayless suggested that since this is an ongoing project, a development agreement might be reasonably requested. This would define the intent and plans of this development and inform future council members of any agreements made. Mr. Olsen agreed to the concept of a development agreement as long as it is couched in general terms.

Councilmember Bayless commented that her one other concern is that the location of this property is very visible to residents downhill. She expressed hope that Mr. Olsen would follow City irrigation guidelines as he is watering his park. Mr. Olsen pointed out that the State of Utah has "use it or lose it" requirements that do not always promote conservation efforts. Mayor Ellertson explained that the City sends out a letter each Spring that outlines the standards for using the secondary irrigation. It details how much water is to be applied to reduce overwatering and specifies that watering is prohibited between the hours of 10 a.m. and 6 p.m., which corresponds to the State's guidelines and he asked Mr. Olsen to comply with these standards.

Mayor Ellertson asked if there were any further questions or issues. Mr. Rex Daley commented that it sounds like a great project. There was no other comment.

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

The Council discussed the wording and issues to be addressed in a motion.

COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY MEL OLSEN FOR A DESIGN VARIANCE ACCORDING TO THE PROVISIONS OF SECTION 17.20.080 OF THE LINDON CITY CODE AND ALLOW THE ISSUANCE OF A BUILDING PERMIT FOR THE PROPERTY AT 1251 EAST TETON DRIVE WITH THE FOLLOWING FINDINGS AND CONDITIONS:
1. MR. OLSEN WILL NOT BE REQUIRED TO SUBMIT WATER SHARES OR THEIR EQUIVALENT AND WILL BE ALLOWED TO USE HIS WELL TO IRRIGATE AND PROVIDE CULINARY WATER FOR THE AFOREMENTIONED 4.92 ACRE PARCEL.
2. MR. OLSEN WILL NOT BE REQUIRED TO CONNECT TO THE SECONDARY SYSTEM.
3. MR. OLSEN WILL SUBMIT WATER RIGHTS TO MEET THE FIRE FLOW REQUIREMENTS AS SPECIFIED BY THE FIRE MARSHAL.
4. THE ABOVE LISTED VARIANCES TO THE REQUIREMENTS ARE BASED ON THE FINDING THAT IT IS A BENEFIT TO LINDON CITY FOR MR. OLSEN TO USE HIS WELL BECAUSE IT REDUCES THE BURDEN TO PROVIDE WATER THROUGH THE CITY'S SECONDARY SYSTEM.
5. A DEVELOPMENT AGREEMENT OUTLINING THE INTENDED USE OF THE PROPERTY, ACKNOWLEDGING THE PAVILION AS A POTENTIAL RESIDENTIAL STRUCTURE THAT MAY PROHIBIT THE ISSUANCE OF A FUTURE BUILDING PERMIT FOR A RESIDENTIAL STRUCTURE, AND NOTING OTHER SUBDIVISION DEVELOPMENT IMPEDIMENTS, SUCH AS ACCESS AND SLOPE ISSUES, WILL BE DRAFTED AND APPROVED BETWEEN LINDON CITY AND MR. OLSEN.
COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Preliminary Plat - Meadows at Bald Mountain, Plat "B." This is a request by Rex Daley for a preliminary subdivision approval of Meadows at Bald Mountain, Plat "B," 2-lots, in the R1-20 zone at approximately 650 East 700 North. The Planning Commission recommended approval with conditions.

Mr. Rex Daley was present to answer questions on this application. Mr. Smith displayed the area of the proposed plat on an aerial photo and pointed out Plat "A" of this subdivision. He explained that the developers own two lots just outside of Plat "A," and that the remaining portion of the original parcel is owned by the Highlands at Bald Mountain developers. The Planning Commission considered this application and recommend approval to the City Council with two conditions–one condition is that the developers should discuss their plans with the neighboring property owner, the Fryers, to see if a more regularly-sized lot can be created through a trade of land for access to 650 East Street; and, the second condition is that the developers improve the frontage of the lots along 650 East and 680 North, with the City's alternative cross section for 680 North Street.

Mr. Daley reported that he had contacted the Fryers to sell them this parcel and was told that they were not interested in either a purchase or trade. He noted that the parcel has an adequate building envelope and he is planning to build a home for his daughter on this lot. Mayor Ellertson asked for an aerial view of the area. Mr. Smith brought the view up and pointed out the parcel in question, the Fryers' parcel, and showed the accesses available to each. Councilmember Carpenter asked if the Fryers' have considered the development of roads on their parcel. He was told that no development plans have been made.

Mr. Smith observed that Mr. Daley will be required to improve the frontage on 650 North with curb, gutter and sidewalk, and that the City is holding a bond for 28-feet of asphalt on this street. An additional bond for 680 North will be needed. Mr. Smith informed the Council that the Planning Commission had discussed the advisability of requiring the alternative cross section for 650 North as well, and then decided that it was not feasible where the completed section of 650 North did not use this design.

Mr. Daley informed the Council that Lot #33 (the lot that will front on 680 North) is committed to Black Scot Development for a model home. The cross section for 680 North was discussed. It was noted that the rest of this street will come before the Council in Black Scot Development's request for approval of the Highlands at Bald Mountain subdivision proposal. It was discussed and decided that a bond for the improvements in front of Lot #33 could be held until the ultimate decision is made on the cross section for this street.

Mayor Ellertson asked if there were any additional questions or comments. There was none. The Council discussed the Planning Commission's recommendations.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY REX DALEY FOR APPROVAL OF MEADOWS AT BALD MOUNTAIN, PLAT "B," A TWO-LOT SUBDIVISION WITH THE FOLLOWING CONDITIONS:
1. MR. DALEY ACKNOWLEDGES THAT HE HAS PRESENTED THE PLANNING COMMISSION'S SUGGESTION TO THE FRYER FAMILY TO PLAN ROAD ACCESS AND A POSSIBLE LAND TRADE TO MAKE LOT #34 MORE DESIRABLE AND THAT THE FRYERS HAVE INDICATED THAT THEY ARE NOT INTERESTED.
2. SINCE THE USE OF THE ALTERNATIVE STREET CROSS SECTION IS NOT DETERMINED YET, THE LOT FRONTAGE ALONG 650 EAST WILL BE FINISHED WITH CURB, GUTTER, SIDEWALK AND ASPHALT AT THE EXISTING WIDTH AND A BOND WILL BE SUBMITTED FOR THE IMPROVEMENTS OF THE LOT FRONTAGE ALONG 680 NORTH.
COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

(Mayor Ellertson was excused at 8:10 p.m.)
( Mayor Pro Tem Hatch conducted the balance of the meeting.)

5. Preliminary Plat - Madsen Subdivision, Plat "B." This is a request by Shawn and Rulon Madsen for a preliminary subdivision approval of Madsen Subdivision, Plat "B," 2-lots, in the R1-20 zone at approximately 311 East 400 North. The Planning Commission recommended approval with one condition.

Mr. Shawn Madsen introduced himself to the Council. Mr. Smith displayed an aerial of the area and the street master plan. He pointed out roads that have been planned to promote future development potential on the interior of this block. He informed the Council that the Board of Adjustment has granted variances for frontages and lot sizes less than is required by the subdivision ordinance in this neighborhood. He explained that this neighborhood is one of the older areas of Lindon and that there are quite a few substandard lots existing.

Mr. Smith told the Council that the Madsens requested and were granted a variance by the Board of Adjustments on May 7, 2003 for two-lots that have less frontage and area than the requirement. He pointed out the particular lots on the aerial. He noted that street improvements have been completed on 450 North and that the request shifts the lot lines to change the ownership of a business operating in an outbuilding. The Planning Commission has recommended approval to the Council with one condition–that the applicants agree to install improvements on the 400 North Street frontage.

Councilmember Bayless conjectured that the reason the Board of Adjustments felt that this request was justified is because of the outbuilding. She expressed the opinion that the lots would have more closely conformed to the subdivision ordinance if they had been divided evenly without considering the location of the building. Mr. Smith replied that the Board of Adjustments had considered this premise and referred the Council to the minutes of the meeting attached to the staff report. He told the Council that the Board of Adjustment determined that two nonconforming lots presently exist and the only change is which lot is smaller than the other.

Mr. Rulon Madsen introduced himself as the owner of the property. He explained that the outbuilding contains a cabinet shop that is being run by his son since his own retirement. He would like to shift complete responsibility and control of this business and the building to his son to avoid conflict with the rest of the family. Councilmember Bayless acknowledged that she understands his logic and desires. She added that she personally feels that the ordinance should be followed as closely as possible. She noted that, however, the decision has been made by the Board of Adjustments. Mr. Smith commented that the Planning Commission had also not agreed with the Board of Adjustments, and that the Board of Adjustments had come to a hard decision. Councilmember Carpenter commented that the Planning Commission and Council cannot overrule the Board of Adjustments. Mr. Smith agreed that they could not and pointed out that one Commissioner had voted nay on this principle. Mayor Pro Tem Hatch asked if there was any public comment. There was none.

COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY RULON AND SHAWN MADSEN FOR APPROVAL OF MADSEN SUBDIVISION, PLAT "B," A TWO-LOT SUBDIVISION AND AMENDMENT OF MADSEN SUBDIVISION, PLAT "A," LOT 2, LOCATED AT 311 EAST 400 NORTH WITH THE CONDITION THAT IMPROVEMENTS BE INSTALLED OR A BOND SUBMITTED FOR IMPROVEMENTS ON 400 NORTH AND 450 NORTH. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Council noted that the City Engineer had not arrived yet to present the final three items of the agenda. It was decided to move on to the Council Reports.

COUNCIL REPORTS:

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM

Councilmember Hatch reported that the North Pointe Special Service District (Landfill) had approved the hiring of a new manager named Roger Harper. He informed the Council that Mr. Harper has been a manager of a facility in Box Elder County for the last eight years.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless requested that the City recognize and offer appreciation to the military personnel that have returned from duty in Iraq. It was noted that some have not returned yet and are on extended duty. Mayor Pro Tem Hatch asked if the Council would prefer something now or later when all have returned. Councilmember Acerson suggested that both may be appropriate. Mr. Dameron suggested a party similar to the City's Birthday Party. The Councilmembers discussed this suggestion and asked for the planning to begin. Councilmember Bayless asked about when to begin the summer Council meeting dress standards. It was decided to begin at the next meeting.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS

Councilmember Bath reported that he has a copy of the proposed 2004-2005 Public Safety Department budget. It was noted that Councilmember Bath, Mayor Ellertson and Mr. Dameron have copies that the Councilmembers can review if they wish. Councilmember Bayless commented on the interesting police reports that have been received recently.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER

Councilmember Acerson observed that the Strawberry Days event is fast approaching and was wondering how the Council would like to participate. The dates of the event were verified as June 18, 19 and 20. The Council discussed ways to participate. Councilmember Acerson reminded the Council of the Drug Awareness Seminar, jointly sponsored by the City, the Lindon LDS Stake, and the Character Connection, that is scheduled for April 29, 7:00 p.m., at the Oak Canyon Jr. High School. The Council discussed the presenter for this event. Councilmember Acerson reported that Troy and Rene Tribe have consented to be the Chair persons for Lindon Days.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS

Councilmember Carpenter observed that he had nothing to report, but applauded the possibility of finishing 200 South and 700 North.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Announced that the Engineering Coordination meeting is scheduled for tomorrow, April 21 at 1:00 p.m. Councilmembers Bayless and Acerson volunteered to attend.
2. Reminded the Audit Committee of the scheduled meeting on Monday, April 26 at 4:30 p.m. The members of the Audit Committee are Councilmembers Acerson, Bayless and Mayor Ellertson.
3. Asked for requests from the Project Tracking List. There were no requests.
4. Inquired who on the Council would like to participate in the Senior Projects judging this year. Councilmember Acerson offered to judge on May 25. Councilmember Carpenter offered to judge on May 25 and Councilmember Bayless offered to do May 24. The program and the timetables were discussed.
5. Requested direction from the Council on military waivers. He informed the Council that the program has expired and many of the service persons have returned, however, some are on extended service. He asked if the Council would like to extend the program for these service persons. The Council reached a consensus that they would like to extend the program and that military waivers will be retroactive to the date that the original program expired. Mr. Dameron commented that he would bring the item before the Council at the next meeting (May 4) as an agenda item. He noted that the City had received a letter of appreciation from the Thackers.
6. Announced that the Little Miss Lindon Pageant is being held this coming Saturday, April 24, 6:00 p.m. at Oak Canyon Jr. High. He noted that he would remind the Mayor that he is expected to make appropriate remarks at this event. He also noted that the program co-director, Theresa McClellan, is retiring and asked if the Council would like to recognize her years of service. They indicated assent and Mr. Dameron noted that this would also be on the agenda for May 4.

Councilmember Acerson commented that Lindon resident, Lizzie Marchbanks is the new Miss Pleasant Grove. It was noted that City Engineer Mark Christensen was now present and the traffic reports could be heard. Mr. Christensen asked that the report for 600 North be heard first as the findings had bearing on the other reports. The Council agreed.

8. Report - Traffic Study Follow-Up, 600 North in the Vicinity of Main Street. Mark Christensen, City Traffic Engineer, will present the findings and conclusions of this follow-up study to the City Council. The original study was prepared in December 2003.

Mr. Christensen displayed a map of the study area and explained that the Council had commissioned the original study in December of 2003. The results of the study prompted the installation of striping, new signs and temporary speed humps. This study is a follow up to determine whether the steps taken have been effective. He showed the Council the speeds and volumes shown by the December study and then compared them with the speeds and volumes measured earlier this month. He commented that there has been a significant reduction in speeds. He observed that his conversations with the residents on this street confirm their perception that overall speeds have reduced and that the frequency of high speeders is less. His recommendation is to allow the improvements, including the speed humps, to remain and when maintenance is needed, to install the speed humps permanently.

COUNCILMEMBER BAYLESS MOVED TO ACCEPT THE FINDINGS OF THE TRAFFIC STUDY FOR 600 NORTH NEAR MAIN STREET AND IMPLEMENT THE RECOMMENDATIONS OF THE CITY ENGINEER AS PROPOSED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Report - Traffic Study - 200 East in the Hollow Area. Mark Christensen, City Traffic Engineer, will present the findings and conclusions of this study to the City Council.

Mr. Christensen directed attention to the Traffic Study for 200 East in the Hollow area. He noted that the Council requested this Traffic Study after reports of a traffic accident in January 2004. After checking with the Police Department, he found that this area experienced two traffic accidents in the last year, both the result of speeding through the Hollow and hitting someone else turning left. One accident was north bound and one accident was south bound. He pointed out the location of these accidents on a map. He informed the Council that he has measured speeds and volumes at two locations–at the bottom of the Hollow and at 175 South at the north edge of the Hollow. He commented that this is one of the highest volume roads on which he has conducted a study requested by Lindon City, but that the volumes are not excessive for a minor collector. He did find, though, that the speeds through the bottom of the Hollow are excessive. This is partly the result of natural acceleration caused by the degree of slope. He did find one instance in which the counters recorded a motorist that passed each direction at about 11:00 p.m. going 50 to 60 miles per hour. He observed that this occurrence is consistent with neighbors' reports of such events. He also noted that the counts verify what neighbors report on volumes. He asked if there were any questions to this point. There was none.

Mr. Christensen next addressed the geometry of this street and the lack of improvements. He commented that there is no curb or gutter and the road contains steep slopes. There is a double yellow line in the middle of the road and a white line outlining the lane on the west side. There is no lane stripe on the east side. He recommended several measures to slow traffic in this area. First, Mr. Christensen felt that it would be helpful to have a frequent police presence. He acknowledged that this is a passive form of control, but noted that it does have influence on drivers. Second, Mr. Christensen suggested that narrowing the street to two ten-foot lanes with white striping on the sides would slow drivers by giving a sense of confinement. His third suggestion is to install three temporary speed humps similar to those on 600 North– one in the bottom of the Hollow and one on each side. He commented that these traffic measures may or may not be enough to slow traffic, but these are the least expensive of the measures that may be effective. He suggested that the City start at this level and then reassess the situation in three or four months.

Councilmember Carpenter questioned whether speed humps on this particular street would be effective. He pointed out that the motorists on 900 East use the gutter to partially miss slowing for those speed humps. He observed that 200 East does not have any curb or gutter and asked what would keep a motorist from driving off the street to miss the speed humps completely. Mr. Christensen agreed that this is a concern and commented that the edge of the street is not in good condition, so the potholes would slow drivers as well. Councilmember Bath asked about possibly creating some kind of ditch or potholes on the side of the street. Mr. Christensen felt that it would be dangerous to create a driving hazard and suggested adding a small section of curb and gutter. Councilmember Carpenter agreed that some kind of barrier is needed and suggested curbing similar to that newly installed in Orem's school zones.

Mr. Dameron confirmed that Mr. Christensen was suggesting temporary speed humps for now. Mr. Christensen replied that installing temporary structures was quicker than waiting to put in permanent speed humps. It would also give time for the City to assess the effectiveness of the measures before committing to them permanently. Ms. Gayleen Carlton of 157 North 200 East confirmed with Mr. Christensen that one of the speed humps being recommended will be located immediately in front of her home. She commented that her family will hear vehicles negotiating the speed hump more during the summer months. Mr. Christensen acknowledged that those motorists that do not slow will create more noise for neighbors. He commented that he had thought about putting the speed humps on the slope, but reconsidered when reflecting on winter conditions.

Mr. Lawrence Packer of 251 East 200 South suggested a speed dip rather than a speed hump. Councilmember Hatch replied that dips are more for moving water than controlling traffic speeds. Mr. Christensen agreed and explained that vehicles can negotiate humps at more normal speeds than they can a dip, and that dips are used mostly to drain storm water. Mr. Packer commented that the speed hump suggestion seemed to be effective in the 600 North area. Mr. Jerry Houston of 275 North 200 East expressed concern that motorists might try to bypass the speed hump by driving into their yards and invading pedestrian zones. He observed that he had a fence at the edge of his property. Mr. Christensen asked the residents if they thought that it might help to extend the pavement and hump to the edge of the right-of-way and fencing. Mr. Houston felt that this would be better. He commented that he would hate to see a child hit by someone trying to miss the speed hump.

Councilmember Carpenter observed that if motorists are not going slowly enough to negotiate the hump or drive into soft earth on the edge of the road to miss it, their vehicle may pull to the side and pull them farther off the roadway. Mr. Christensen was asked if the speed humps would include adequate notice and signage. He replied yes and explained the notices included in installation of a speed hump. Mr. Packer confirmed that the hump would be extended all the way to the side of the street. Mr. Christensen replied that the speed hump needs to be installed on top of asphalt. He was asked if the speed hump needed to be tapered on the edges. It was clarified that the taper on the front and back sides is to allow vehicles to negotiate the speed hump safely, but that a taper on the sides of the street where it abuts property lines is not necessary. Captain Cody Cullimore of the Lindon/Pleasant Grove Public Safety Department asked if concrete barriers with reflectors could be installed at the ends of the speed humps to prevent driving around the end. He observed that the barriers would still allow walking children to pass by on the sides. Mr. Christensen replied that he was wary of creating a driving hazard or risk. Councilmember Carpenter suggested that barriers might be considers if and when the speed humps are made permanent.

Mr. Christensen commented that he appreciates the number of neighbors that have attended the meeting tonight. He added that he will want to gather input from them later on the effectiveness of the measures taken. Other ideas for marking the speed humps were suggested, but Mr. Christensen felt that the guidelines of the Manual of Uniform Traffic Control Devices (MUTCD) should be followed. Councilmember Acerson asked if it would be valuable to track how many people veer to the side. Mr. Christensen replied that he could add counters to the sides and that it may help to see what kind of problems exist.

Mayor Pro Tem Hatch asked if there were any further comments. There was a comment from the audience about putting speed humps on collectors. Mr. Dameron replied that the restriction is for public response routes and not necessarily collectors.

COUNCILMEMBER ACERSON MOVED TO ACCEPT THE FINDINGS OF THE 200 EAST TRAFFIC STUDY AND TO FOLLOW THE RECOMMENDATIONS CONTAINED THEREIN. A FOLLOW UP STUDY TO DETERMINE EFFECTIVENESS OF THESE MEASURES IS AUTHORIZED FOR A TIME THREE OR FOUR MONTHS IN THE FUTURE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. Report - Traffic Study - Main Street at Lindon Elementary. Mark Christensen, City Traffic Engineer, will present the findings and conclusions of this study to the City Council.

Mr. Christensen commented that he had been asked by the Council to look into the possibility of changing the school zone and adding a new cross walk. He displayed a map of the area of Lindon Elementary School. He pointed out existing conditions, such as the location of cross walks, school zone signs, pick up zones and traffic routing. He informed the Council that the MUTCD recommends that crosswalks not be located within 600 feet of each other. He noted therefore, that adding a crossing of Main Street 600 feet from the existing one on the corner of Main and Center would place it in a location with a sight distance problem. He pointed out the location on the map. He commented that a warrant for a crosswalk requires a certain number of children and a certain number of vehicles. The location of a crosswalk must also be consistent with the School Child Access Routing Plan. He observed that Lindon Elementary was not able to locate this plan and are working on re-creating one. He informed the Council that he has cautioned them to be careful about having crossings in mid-block locations. Crossings must also be adjacent to the school buildings. A location where drivers cannot see the school buildings create driver surprise and give children a false sense of security. He noted that the counts do not warrant a new crossing or reduced speed school zone. He recommends that the school guide children to use the crossings that exist on Main and Center, and Main and 400 North.

The Council discussed the location that the school would like to have a crossing and the sight distance problems there. Councilmember Carpenter suggested that sidewalks in this area may help guide children to safe pedestrian routes. Mr. Christensen listed his suggestions for improving the safety of children near the Lindon Elementary School. He recommended that Lindon Elementary work with children and their parents on safety issues. He suggested that issuing traffic violations to parents picking up their children would bring attention to the problems. He noted several conflict points with vehicles backing into the street. His recommendation is to have an officer on patrol in this area as frequently as possible when school is beginning and ending. Other recommendations are to freshen the painted street markings so they are more visible, repair and maintain pavement edges of Main Street where children are now walking, installing new and larger school advance warning signs with flashing lights to warn motorists on both southbound and northbound Main Street where the school buildings are not readily visible. He asked if there were any questions.

Mr. Packer observed that the original concern of the school is to protect the children crossing Main Street at 60 North. They wanted a cross walk in this location, but it is not being recommended. Councilmember Bayless agreed that this crosswalk is not warranted, but that other measures are being recommended to mitigate the safety problem. Mr. Packer asked if the cross walk at Main Street and Center Street could be removed to allow this one. Mr. Christensen agreed, but noted that the existing crosswalk is heavily used and is more important that the one requested. He felt that children living on the opposite side of Main should be encouraged to cross at the intersection of Center and Main and walk on that side of the street. Mayor Pro Tem Hatch asked if there were any other questions. There were none.

COUNCILMEMBER CARPENTER MOVED TO ACCEPT THE FINDINGS OF THE SCHOOL ZONE STUDY AND ADOPT THE RECOMMENDATIONS OF THE CITY TRAFFIC ENGINEER. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER CARPENTER 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 COUNCIL MEETING AT 9:24 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - May 4, 2004

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