The Lindon City Council held a regularly scheduled meeting beginning with a Work Session at 6 p.m. on Tuesday, February 17, 2004 in the Lindon City Center Council Chambers located at 100 North State Street, Lindon, Utah.

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember - arrived at 6:15 p.m.
Ott H. Dameron, City Administrator
Kevin Smith, Planning/Zoning Director
Kristen Colson, Director of Finance
Lile Lavaki, Development Clerk

ABSENT

WORK SESSION - 6:00 p.m.

The Mayor and City Council will meet in a work session to hear a presentation from the city's auditor, Michael R. Stoddard of CPA Network LLC, relating to a new auditing requirement dealing with the prevention of fraud in the fiscal procedures of the city.

The meeting began at 6:08 p.m. Mr. Michael R Stoddard and Victoria Richardson of CPA Network LLC, were present to discuss new auditing requirements dealing with the prevention of fraud in the City's fiscal procedures. The discussion began with a Powerpoint presentation titled, "The New Fraud Standard, SAS No. 99, Consideration of Fraud in a Financial Statement Audit."

Mr. Stoddard stated that there is an expectation gap between the public and auditors and that he feels this new requirement helps close that gap. He explained the current guidelines governing auditors, and why SAS 99 was issued. He observed that fraud is a serious problem and that recent events have placed greater importance on detecting fraud. He commented that the accounting profession has been working on guidelines to enhance auditor performance since 2000. These new required standards include: developing procedures to identify fraud in the early stages of an audit; making inquiries of management and staff regarding fraud; gathering additional information to identify fraud risks; and an analytical review of revenue. Mr. Stoddard went on to say that SAS 99 does not change the auditors responsibility for fraud detection or the city's responsibility with respect to fraud. Some of the new requirements for the city are: understanding the risks of fraud within the city; addressing the issue of fraud to minimize risk; implementing programs and controls to address identified fraud risks, or otherwise help prevent, deter, and detect fraud; and monitoring those programs and controls.

(Councilmember Hatch arrived at 6:15 p.m.)

Mayor Ellertson explained that the city does have an Audit Committee which consists of Councilmember Acerson, Councilmember Bayless, City Administrator Ott Dameron, Finance Director Kristen Colson, and himself. He mentioned that this committee may rotate more often than other Council responsibilities.

Mr. Stoddard stated that when fraud is found, it is often found by employees. Mr. Dameron commented that he would discuss this issue at the employees' monthly Synergy meeting and inform employees how to report fraud. Mr. Stoddard acknowledged the impeccable integrity and the open communication among staff members at Lindon City. He also recognized the City's lack of resources, which sometimes prevent the "separation of duties" from occurring as it should. He will assist the audit committee by generating guidelines to protect both staff and the City.

Mayor Ellertson stressed the need for the audit committee to meet, discuss, and implement an internal control system. He thanked Mr. Stoddard and Ms. Richardson for coming and sharing this information with the Council.

Work session ended at 6:48 p.m.

REGULAR SESSION - 7:01 p.m.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Mayor Ellertson
Invocation: Ott Dameron

MINUTES

The minutes of the regular meeting of February 3, 2004 will be reviewed. The following correction was made:
Page 13, line 21: Add the phrase "and all other service providers where they can work together" at the end of the sentence.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF FEBRUARY 3, 2004 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION

Susan Hunsaker, 333 West 600 North, shared her concerns with traffic on 600 North, between State Street and Locust Avenue. She inquired about the traffic study results and if it warrants a speed hump through her neighborhood. Mayor Ellertson explained to Ms. Hunsaker that, as per previous discussions, the city would perform a study before and after Wal-Mart opens to determined whether a speed hump is needed. The "before" traffic study has been completed, but a decision cannot be determined until the "after" study is done. Mr. Mark Christensen, City Engineer, discussed some of the findings of the "before" traffic study. He mentioned that the average speed was 25 mph near State Street and Locust Avenue. The volumes were higher on the west side than the east end comparatively, but both speed and volume looked rather "ordinary." Councilmember Carpenter mentioned that one of the concerns is the double curve in 600 North. Mayor Ellertson observed that this should be a natural traffic calming device.

Jill Mendivil, 338 West 600 North, inquired about the speed on the rest of 600 North. She wanted to know why 600 North east of Locust Avenue was given speed humps. Mr. Christensen mentioned that according to the 85 percentile speed, the average speed was between 34-36 mph. He explained that according to the traffic study, the east end of 600 North is different from the west side and warranted the speed humps. Mayor Ellertson stated that Wal-Mart has a construction deadline of August 6, 2004. At that time, the city engineer will schedule and perform the second part of the traffic study. Ms. Hunsaker and Ms. Mendivil expressed their desire to prevent an accident from happening. They fear that the accident will involve their children who are crossing back and forth from each other's home. Mayor Ellertson and the Council acknowledged their concerns and added that they too want to prevent any accident in this area and throughout the City. However, they need to get a true picture of the situation and that will have to wait until Wal-Mart opens. Councilmember Acerson mentioned that his neighborhood has a number of speed humps and he has not noticed a significant change in deterring drivers from speeding. Instead, it has become a way for teenage drivers to "catch air"as they joyride around town. He said the City does not want 600 North to become the next joyriding street. Mayor Ellertson thanked Ms. Hunsaker and Ms. Mendivil for coming and restated the need for the City to wait for Wal-mart to open before completing the traffic study.

Captain Cody Collimore, Pleasant Grove/Lindon Police Department, reported that in the last month, there has been two gun-related suicides, and one homicide. He also mentioned that he was in attendance tonight to promote the "Gun Locks - Project Child Safe" program. He asked the Mayor and Council to promote this program through a Proclamation declaring the month of March "Gun Safety Month." The department has 5,000 gun locks available for use. He added that everyone benefits from safer gun use through education. The department will kick-off this program March 11, 2004. Councilmember Bayless expressed appreciation to Captain Cullimore for "taking care of us."

MAYOR'S COMMENTS/REPORT

Mayor Ellertson had no comments or report.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Plat Amendment - Lindon Wal-Mart, Plat "B". This is a request by Lindon Wal-Mart for approval of a plat amendment designated now as Lindon Wal-Mart, Plat "B", which amends the original Wal-Mart Plat "A" by adjusting a property line between Lot 3 and the Jiffy Lube parcel.

Mr. Dameron reported that Wal-mart has requested this item to be continued. This was agreed to by consensus.

2. Preliminary Plat - Lindon Park Station, Plat "E". This is a request by George Buys, representing Discount Tires, for a preliminary subdivision approval of Lindon Park Station, Plat "E", two-lots, in the Planned Commercial Zone (PC-1), at approximately 560 South Lindon Park Drive. Approval of this plat will amend and/or vacate Lindon Park Station, Plat "B" lots 4 and 5. The Planning Commission recommended approval with conditions.

George Buys and Paul Witherspoon, representing Discount Tires, were introduced. Kevin Smith, Planning Director, presented this item. He mentioned that the Planning Commission discussed the need to keep the road to the north of lot 5 open as a public access easement. This access easement is independent of the access to Discount Tires. There was discussion about what UDOT may want to do with the remaining land along I-15. It was mentioned that for now, UDOT wants to keep it until they are through with the I-15 expansion. However, they have given Larry H. Miller permission to landscape along I-15. Mr. Witherspoon mentioned that Discount Tires will also landscape that area of freeway easement that adjoins their parcel. Mayor Ellertson asked for clarification of the landscaping set-back. He asked Mr. Buys and Mr. Witherspoon if the landscape set-back would allow for a 30-foot instead of the 20-foot easement. Mr. Witherspoon responded that it would and that a 30-foot easement will be allowed.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY GEORGE BUYS, REPRESENTING DISCOUNT TIRES, FOR A PRELIMINARY SUBDIVISION APPROVAL OF LINDON PARK STATION, PLAT "E", TWO LOTS, IN THE PLANNED COMMERCIAL ZONE (PC-1), AT APPROXIMATELY 560 SOUTH LINDON PARK DRIVE WITH THE FOLLOWING CONDITION:
1. A NOTE ON THE SUBDIVISION PLAT DEDICATING A 30-FOOT PUBLIC ACCESS EASEMENT ON THE NORTH SIDE OF LOT 5, HOWEVER, NOT LIMITED FOR ACCESS TO LOT 5.
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Adjourn City Council Meeting

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AND CONVENE THE REDEVELOPMENT AGENCY MEETING AT 7:45 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Convene the Redevelopment Agency to Consider the Site Plan for Discount Tires

BOARDMEMBER BAYLESS MOVED TO ADJOURN THE LINDON CITY REDEVELOPMENT AGENCY AND RECONVENE THE CITY COUNCIL MEETING AT 8:44 P.M. BOARDMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Re-Convene City Council Meeting - 8:45 p.m.

3. Review and Action - T-Mobile (Voice Stream) Telecommunications Tower Agreement. The City Council will discuss and take action on a proposed agreement with T-Mobile (Voice Stream PCS II Corporation) to locate a 100' telecommunications tower on city owned property at the Public Works Complex.

Jerome Gourley, T-Mobile Representative, presented a site plan for the northeast corner of the Public Works Complex where a 100' communications tower is proposed. Mr. Gourley mentioned that this site is designed to be co-locatable for multiple carriers. He told the Council that this site would have no difficulty supporting the City's communication needs plus two additional carriers. Mr. Dameron asked if they have enough ground space for their equipment and what type of material would be used on the pad. Mr. Gourley said T-Mobile is requesting 1,600 square feet or 40'x40' pad which is considered to be a large compound and would be more than sufficient. As for the pad, a special mat is used instead of concrete. Councilmember Acerson inquired about the tower height. It was mentioned that it is similar to the ones located on 200 South by the Oak Canyon Jr. High School. Councilmember Bath inquired about a device on top of the tower to keep birds off. He expressed concern about potential problems with the large pigeon population in the area. Mr. Dameron informed the Council that Don Peterson, Public Works Director, has walked the property and felt this would not be an issue. Mr. Gourley assured the council that representatives visit the sites every month and if there's a problem, T-Mobile will fix it. Mr. Dameron asked Mr. Gourley if the access was sufficient. He responded yes.

Councilmember Bayless asked if any communications have been made with the neighbors. Mr. Gourley mentioned that most of the neighbors are commercial businesses. Mayor Ellertson inquired about frequency interference. Mr. Gourley responded that the system was far superior to the general market and that interference would not be an issue. He assured the Council that if there is any interference, T-Mobile will correct the problem. Any disturbance in the area will be dealt with. Councilmember Bayless re-voiced her concerns for the neighbors. Mr. Gourley informed the council that T-Mobile has not submitted a site plan. Mr. Dameron suggested the Council could approve the project with the condition that notification be made to surrounding neighbors. Councilmember Bath asked about the construction time frame. He was told late May to early June 2004.

Mr. Gourley stressed the extreme importance for T-Mobile to catch the I-15 corridor where many calls are dropped. Mayor Ellertson expressed a desire to include a statement in the Agreement allowing the City to co-locate on this tower. Mr. Gourley reassured the Mayor and Council that, as an authorized representative of T-Mobile, he is committed to implementing the two items they desire: 1) notifying the neighbors and 2) allowing the city to co-locate without charge. He explained that the second item is T-Mobile's way of offering goodwill to the city. He noted the agreement has a 25-year term with five-year renewal increments. He also noted that T-Mobile is responsible for the first-time relocation of the tower, however, if there is a need for a second relocation, the City would be responsible. Councilmember Acerson requested before and after pictures of the site.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY T-MOBILE (VOICE STREAM PCS II CORPORATION) TO LOCATE A 100' TELECOMMUNICATIONS TOWER ON CITY-OWNED PROPERTY AT THE PUBLIC WORKS COMPLEX, AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY, WITH THE FOLLOWING CONDITIONS:
1. THE CITY MAY CO-LOCATE ON THE TOWER WITH NO ADDITIONAL CHARGES
2. AND, A FINAL REVIEW OF THE AGREEMENT IS COMPLETED BY THE CITY ATTORNEY.
COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS NAY
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS 4-1 IN FAVOR. THE MOTION CARRIED.

4. Discussion - EASY (Eliminate Alcohol Sales to Youth) Program. Jared Sommers and Richard Nance from the Utah County Division of Substance Abuse of the Utah County Health Department will present a program identified as EASY (Eliminate Alcohol Sales to Youth) to the City Council. The Council will be asked to support this program by motion and, in the future, to adopt an ordinance which will implement it within Lindon City.

Mr. Richard Nance introduced himself and Mr. Jared Sommers to the Council. They distributed handouts of their power point presentation titled EASY (Eliminate Alcohol Sales to Youth.) Mr. Nance offered some introductory information about the program and turned the remainder of the time to Mr. Sommers.

Mr. Sommers informed the Council that EASY was developed in 1994 in Torrance, California. Its been implemented in Rhode Island, Cedar City, and Springville, Utah through the Police Departments in response to a high number of "minor consumption of alcohol" arrests. As part of the Cedar City program, an ordinance was created requiring all individuals employed in a position where they sell alcohol to obtain a "Beer Handler's Permit" from the Police Department. To receive a permit, individuals must attend a training session and pass a simple exam, similar to the "Food Handler's Permit." In the first year of implementation, the program had reduced Cedar City's number of Minor Consumption of Alcohol Arrests by 50%. Springville City also has seen a significant reduction. Mr. Sommers mentioned that the Utah County EASY Program will be very similar to that of Cedar City and Springville, however, it will be administered by the Utah County Health Department.

Mr. Sommers informed the Council that alcohol is a gateway drug and it's the number one drug treatment in Utah County. He said teens are more likely than adults to binge drink, get drunk, and drive while intoxicated. He also mentioned that Lindon/Pl Grove has a very high teen consumption rate.

Councilmember Acerson observed that EASY is heavy on education. Mr. Sommers agreed. Captain Cullimore offered his support for the EASY Program and requested education for the Police Department. It was asked if this was a "one strike you're out" program. Mr. Sommers noted that it is a graduated program and it places consequences on the individual employee instead of the business. Mayor Ellertson inquired about funding for the program. He was informed that the funding for the program is similar to the tobacco program. There is no cost to the retailer, however, the retailer is not off the hook completely–they can lose their beer license and be issued a fine. Retailers can show support by displaying educational information and flyers on the premises.

Mr. Sommers told the Council that the Health Department desires to unify the EASY Program in the valley. He asked the City to show support by appointing a representative to participate in writing the ordinance. Mr. Dameron was assigned to represent Lindon City on the committee. Councilmember Carpenter expressed interest in reviewing data from Rhode Island and Torrance, California. Mr. Nance suggested that the data from Springville and Cedar City is more important and would be more of a reflection of Lindon's population. He also mentioned that "any improvement is good improvement" when it comes to this issue. Mr. Sommers and Mr. Nance will be meeting with the Pleasant Grove Council within a week to discuss EASY. The Mayor and Council expressed interest in coordinating efforts with Pleasant Grove on this program.

COUNCILMEMBER BAYLESS MOVED TO SUPPORT THE EASY (ELIMINATE ALCOHOL SALES TO YOUTH) PROGRAM AND APPOINTED OTT DAMERON, CITY ADMINISTRATOR, AS LINDON'S REPRESENTATIVE TO THE COMMITTEE. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Discussion - Retreat Agenda. The City Council has scheduled Saturday, February 28, 2004 as the date for the Annual Retreat. The Council will discuss the meeting's agenda and provide direction for staff concerning the topics which will be discussed.

Mayor Ellertson suggested viewing the new League of Utah Cities and Towns' movie during breakfast. The Council authorized staff to purchase a DVD player for the City Center. Mr. Dameron asked who should be invited to attend. It was decided to invite the Mayor, Councilmembers, and senior staff. Staff suggested listing items for discussion and not letting time dictate the process. It was mentioned that department directors will attend council meeting at a later date to report on their specific areas of responsibilities. Mayor Ellertson mentioned that some other cities start their retreat Friday afternoon and go late into the night and reconvene on Saturday. The council rearranged the retreat agenda.

6. Continued Discussion - Westside Master Plan. Staff will provide a power point presentation to help further the discussion of the Westside Master Plan.

Kevin Smith, Planning Director, and James McMurray, Planning Intern, shared data they collected and presented a PowerPoint presentation. Mr. Smith mentioned he has drafted three chapters of the Westside Master Plan. He informed the Council that Pleasant Grove City has approved approximately 2000 multiple-family housing units in their "The Grove" development. He mentioned Orem City has two illegal accessory apartments for every legal one according to a recent newspaper article. Lindon City has approximately 95 approved accessory apartments and maybe that many illegal ones. There are 131 attached units owned by individuals which includes the Green Valley Condos. The Oak Canyon duplexes have submitted an application to change its status to condominiums which could be sold for $159,000. Lindon City currently has between 300-500 units designated as moderate income housing. Mr. Smith told the Council that Lindon seems to meet requirements for multi-family housing units, but needs more single-family detached housing on the west side. He reminded the Council of their desire to limit density to 4-6 units per acre.

Mr. McMurray discussed the two objectives he felt were important: first, how to provide affordable detached single-family housing and second, keep Lindon City unique. Mr. Smith and Mr. McMurray presented several pictures of housing projects from Lehi, Woodscross, and Park City. Mr. Smith informed the Council that the developer who built the homes pictured from Lehi and Park City has 80 acres within Lindon City under contract. He also mentioned that he has informed the developer that a development similar to the one in Lehi would not work here in Lindon. Councilmember Bayless expressed her dislike for the units pictured from Park City. There were discussions about some of the elements on each project that are positive–such as porches, setbacks, landscaping, and 6' sidewalks that can be included in the master plan. It was mentioned that design does matter and the Council expressed a desire to have more than one developer building in this area. Mr. Smith mentioned that the Council could include an Anti-Monotony Code. He informed the Council that other towns required up to five builders to provide variety. Councilmember Bayless asked if the Council needs a field trip. Mr. Smith said he could arrange it. He also discussed the need for the City to decide what type of housing they will consider. He added that he would like to complete a five chapter master plan.

Councilmember Bayless asked for a definition of open space. Mr. Smith asked the Council to consider if the R2 Overlay ordinance would become obsolete if the moderate housing need is met on the West side. This item will be discussed again at the retreat. Mr. Smith expressed his desire to have a master plan for the area soon. He observed that this will generate commercial development, roads, and other improvements. The master plan will be very specific with pictures. Mayor Ellertson suggested including public facilities in the master plan.

COUNCIL REPORTS:

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM

Councilmember Hatch commented he had nothing to report this week.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION

Councilmember Bayless had nothing to report this time.

PUBLIC SAFETY, COURT, BUILDING INSPECTION

Councilmember Bath commented he had nothing to report.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported some streets with potholes needing attention: 1) 700 East Oak Canyon Jr High School by the Seminary building, 2) 900 East 100 North, and 3) 900 East 120 South.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS

Councilmember Carpenter suggested a master plan amendment for 200 South west of Geneva Road. He suggested that this street across I-15 should be a four-lane road.

ADMINISTRATOR'S REPORT
Mr. Dameron:
1. Reviewed the Project Tracking List. The Council requested to review the M.S. Properties' site plan amendment.
2. Announced the Engineering Coordination meeting for Wednesday, February 18, 2004 at Public Works. Councilmember Bayless and Councilmember Acerson volunteered to attend.
3. Noted the Annual Retreat scheduled for Saturday, February 28, 2004, starting at 8 a.m. without an ending time.
4. Commented that the annual URMMA conflict training will be in-house during a work session scheduled for March 2, 2004 at 6 p.m.
5. Informed the Council that Mayor Gammon of Vineyard, and a Geneva Steel representative have visited with the DRC Committee. They are aware of our trails plan and expressed a desire to work with us. The Geneva Steel representative felt the trail needs to be moved further south due to the power plant planned for the site.
6. Noted that the City Attorney has given the opinion that there are no privacy issues involved with the cemetery picture initiative, which Administrative Clerk Venla Gubler will coordinate.
7. Announced that there were forty applicants for the Assistant Court Clerk position and 112 applicants for the Utility Clerk position.

Mayor Ellertson mentioned that March will mark Lindon City's 80 Year Anniversary. He asked Mr. Dameron to verify the date. Councilmember Acerson suggested celebrating all the residents who are or will be 80 years of age or older this year to commemorate this anniversary. Councilmember Bayless volunteered to contact Eva Ercanbrack, Historic Preservation Committee chair, to invite these special residents.

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

ADJOURN

COUNCILMEMBER ACERSON MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:40 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - March 2, 2004

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