The Lindon City Council held a regularly scheduled meeting on Tuesday, July 20, 2004 at 7:00 p.m. in Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

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

Larry A. Ellertson, Mayor
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Cody Cullimore, Captain Police Dept.
Lile Lavaki, Community Development Clerk

Jeff Acerson, Councilmember
Jerald I. Hatch, Councilmember

The meeting began at 7:08 p.m.

MINUTES - The Minutes of the special meeting of June 23, 2004 and the regular meeting of July 6, 2004 will be reviewed.

The Minutes of the special meeting of June 23, 2004 were reviewed. The following corrections were made:
Page 2; Line 31: Delete the words "streamlined tax workable" and add "over all tax structure of the State and how to fund."
Page 4; Line 1: Replace the word "not" with the word "nor."
Page 4; Line 11: Replace the word "ride" with the word "sell."
Page 4; Line 29: Replace the word "ride" with the word "sell."
Page 6, Line 11: Replace the words "be brief" with the words "not be repetitive."
Page 10; Line 16: Replace the date "MAY 29" with the date "JUNE 29."
Page 10; Line 33: Replace the date "MAY 29" with the date "JUNE 29."
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF JUNE 23, 2004 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the meeting of July 6, 2004 were reviewed. The following corrections were made:
Page 1; Line 26: Replace the word "her" with the word "a". Replace the word "daughter" with the words "4-H member."
Page 1; Line 30: Replace the word "has" with the word "recommends."
Page 5; Line 18: Replace the word "conditions" with the word "reasons."
Page 6; Line 20,21: Delete the sentence "Mayor Ellertson observed that the access to the project is a private street, yet services will be paid for by other residents."
Page 6; Line 32: Replace the word "neighbors" with the word "people."
Page 7; Line 41: Replace the word "durable" with the word "doable."
Page 7; Line 41: Add the words "of the building pad" after the word "depth."
Page 10; Line 5-7: Replace the phrase "noted that she does not oppose the landscape design as long its properly maintained" with the phrase "expressed a concern that zeroscaping rapidly deteriorates into weed covered areas. If decorative rocks are to be used, maintenance must be considered."
Page 11; Line 25: Move the word "THE" between the words "OPEN PUBLIC."
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF JULY 6, 2004 AS CORRECTED. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

Linda Nelson of 318 West 625 North, Betty Gibbons of 372 West 700 North and Nancy Zundel of 352 West 600 North introduced themselves. As residents, they are concerned with architectural design elements for State Street. Ms. Nelson informed the Council that she met with the Planning Commission and was amazed at the different definitions of what "A Little Bit of Country" is. She read a prepared statement which listed seven recommendations she hoped the Council would consider:
1. A professional consultant should be hired. Someone who has the knowledge to coordinate those elements which ensures that Lindon City develops according to a well-designed plan. In addition, this professional should know the classical elements of architectural design that will enhance the main commercial corridors with an enduring style. (Ms. Nelson had some recommendations for this position.)
2. An advisory committee composed of City Councilmembers, Planning Commissioners, and a panel of residents should be appointed. This committee would work closely with the consultant and report back to the City Council and Planning Commission of its findings.
3. The panel should represent the interests of Lindon’s general population.
4. A redevelopment fund should be established. Money should be earmarked as a percentage of the new income that the City will soon be receiving from the new businesses on State Street. These funds would be available to assist existing business owners with older buildings, excluding historic structures, to entice them to adhere to the new architectural design for State Street which will enhance the continuity of the City’s architectural plans.
5. Efforts should be made to recoup money from UDOT for the changes which are being made along State Street.
6. Efforts should be made to seek funding from a State agency for the restoration of the building located at 400 North State Street. This building has been identified as an historic building and should be restored as part of the plan.
7. Efforts should be made to retain older trees along State Street, if possible, assuming that the trees would not interfere with the general design of the consultant and committee involved in the Lindon City architectural plans.

Ms. Nelson recognized that "you can’t please everyone, however, the endless negotiation must end." Mr. Smith observed that he had approached Mr. Jim Dain, former Councilmember and architect, seeking his help. Ms. Gibbons stated that "Lindon is bursting with businesses moving in and we have a chance to make an impact." Councilmember Bath observed that some architectural elements have been implemented, but he cited the A-Plus and Total Health Institute buildings as examples of something being built without architectural design requirements in place.

Mayor Ellertson noted that what is not allowed are "ugly buildings." He observed that we must look not only at the architectural edifice but also the way they interlock. Mayor Ellertson commented that potential funding is available to help current businesses comply with a new ordinance. Councilmember Carpenter requested Mr. Smith’s opinion. Mr. Smith replied that Lindon may need an illustrated ordinance similar to Park City. Mayor Ellertson reassured Ms. Nelson and her partners that their recommendations are being heard and are appreciated. He thanked the three women for taking the time to present their recommendations and encouraged them to stay involved.

Mayor Ellertson reported that the trails committee had a meeting with other groups to discuss the 23 mile trail from the mouth of Provo Canyon and around the Murdock Canal. He noted that this is a tremendous asset to the community. Mr. Harlow Clark, newspaper representative, inquired about other trails connecting Utah County to Salt Lake City. Mayor Ellertson observed that there will be a trail from the Jordan River Parkway and another from Brigham City to Ogden.

CONSENT AGENDA - No Items

1. Subdivision Plat Amendment Plat - Dirker Farms Subdivision, Plat "B". This is a request by Jeremy Stone for approval to combine two lots in Dirker Farms Plat "A" into one larger lot. The address of the lots in question is approximately 254 East 70 South in the R1-20 zone. The Planning Commission recommended approval.

Mr. Smith presented this item and displayed an aerial photo of the site. Mr. Jeremy Stone, the applicant, and his wife were present. Mr. Smith explained that the applicant has requested to combine lots 4 and 5 of Dirker Farms Plat "A" into one .93 acre lot. This will allow Mr. Stone to construct a large building to house his exotic reptiles in a temperature-controlled environment. Mr. Smith noted that the applicant also manufactures cages for the reptiles. Councilmember Bath inquired what type of reptiles. Mr. Stone replied, "boa constrictors that are rare and very expensive." Ms. Linda Nelson asked if the building is a commercial structure. Mr. Smith observed that the R1-20 zone does not allow commercial structures in the area. But, Mr. Stone’s business is governed by the home occupation ordinance which allows one full-time employee other than the business owner. Mayor Ellertson noted that whatever the City does in any zone, it needs to insure it complies with the ordinance. He inquired how this structure would affect the character of the neighborhood. Councilmember Bayless noted that the building will not have any impact on the characteristic of the neighborhood and cited that there are several big structures similar to the one being requested, which already exist in Lindon.

Mr. Smith observed that there have been very few complaints with home occupancy and its all about being "a good neighbor." Mr. Stone explained that he currently operates out of his basement in Orem and has had no problems. He noted that he does not want to draw attention to his operation. Mr. Dameron asked Mr. Smith to explain the size requirements for a residential accessory building. Mr. Smith noted that the footprint of the accessory building cannot be larger than the home and the maximum height is 20 feet from finished grade.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY JEREMY STONE TO AMEND DIRKER FARMS PLAT "A," LOTS 4 AND 5 AND CREATE DIRKER FARMS, PLAT "B," A ONE LOT SUBDIVISION AT 254 EAST 70 SOUTH. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTIONED CARRIED.

2. Preliminary Plat - Grubbs Subdivision, Plat "A". This is a request by Dan Stubbs and Charlie Garner for approval of a one lot subdivision, in the Light Industrial Zone (LI) at 1530 West 200 South. The Planning Commission recommended approval.

Mr. Dan Stubbs and Mr. Charlie Garner, petitioners were present. Mr. Smith showed an aerial photo of the site and presented this item. He explained that the applicants are requesting approval of a one lot subdivision. The lot in question is .56 acres. The lot was created prior to 1998 when Lindon City established the 1 acre lot requirement in the LI zone. Mr. Smith noted that prior to 1998, there was no minimum lot size requirement. This plat will help to clarify property boundaries in the area. Mayor Ellertson inquired about side setbacks. Mr. Smith replied that the side setback is zero. It was noted that the applicants would construct curb, gutter and sidewalk in the development.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY DAN STUBBS AND CHARLIE GARNER FOR GRUBBS, PLAT "A" A ONE LOT SUBDIVISION AT 1530 WEST 200 SOUTH IN THE LIGHT INDUSTRIAL ZONE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Review and Action - Standard Land Use Table Amendment. Staff requests the City Council take action to amend the City’s Standard Land Use Table by creating a category of SLC 5510 - Personal ATV & Water Craft Sales as a conditional use in the CG, LI, and MC zones. The Planning Commission recommended approval.

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

Mr. Smith presented this item as a request to amend the Standard Land Use Table creating SLU 5510 - Personal ATV & Water Craft as a conditional use in the CG, LI, and MC zones. He suggested that the Council also consider adding Snowmobile Sales and Services to this category. Mayor Ellertson expressed concern with the label and cited the need to avoid future problems with finding the appropriate SLU category for the "next gadget." Councilmember Bayless commented that the above label is the appropriate way to categorize the use. Mr. Smith observed that "Marine" could be added, however it would broaden the use. He noted that the above label is the industry standard and is what other cities use, with the exception of Orem City. Mayor Ellertson asked if there was any public comment. There was none.

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

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE AMENDMENT TO THE STANDARD LAND USE TABLE ADDING LAND USE 5510 - PERSONAL ATV, PERSONAL WATER CRAFT & SNOWMOBILE SALES AND SERVICE AS A CONDITIONAL USE IN THE CG, MC, AND LI ZONES. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Appeal Hearing - Revocation of Conditional Use Permit - Wasatch U-Cart. Eric Maynes, owner of Wasatch U-Cart is appealing the decision of the Planning Commission to revoke the conditional use permit for his business at 240 North Geneva Road in the LI zone.

Mr. Smith displayed an aerial photo of the site and noted it is across the street from Pacific Steel. He explained that the Planning Commission, at their June 23, 2004 meeting, moved to revoke the Conditional Use Permit issued to Wasatch U-cart of February 27, 2002, for failure to comply with conditions of approval and City Code requirements. As of June 23, 2004, Mr. Eric Maynes had failed to complete his site plan improvements. Mr. Smith noted that the Planning Commission met with Mr. Maynes on August 13, 2003 and again on May 12, 2004, in an effort to help him understand his obligations. Mr. Maynes made repeated promises which were not fulfilled. The Planning Commission then scheduled the required public hearing on June 23, 2004 to consider whether or not to revoke the conditional use permit. After much discussion, the Planning Commission concluded that based on past performance, they had no reasonable assurance that Mr. Maynes would ever fully comply with the conditions of approval and/or City Code requirements. Therefore, they moved to revoke his conditional use permit based on the following reasons:
1. Failure to install and maintain approved landscaping.
2. Failure to install ground surfacing (asphalt and gravel) as per the approved site plan.
3. Failure to locate fencing and temporary trailer/building in the approved location as per finalized site plan.
4. Failure to maintain outside storage area in accordance with finalized site plan and storage requirements.
5. Failure to construct and maintain the approved on-site storm water retention area.
6. Failure to complete construction of site plan requirements within one year of date of approval.
7. Failure to complete site plan requirements as approved.

Mr. Smith reminded the Council that Lindon City Code allows for a business owner to appeal revocation of a permit to the Council and therefore, Mr. Maynes has requested this proceeding. Mr. Maynes informed the Council that the Planning Commission has "good reason" to revoke his conditional use permit, however, since his last meeting with the Planning Commission, a substantial amount of work has been done to complete the approved requirements. He also mentioned that the Planning Commission has approved an Amended Site Plan for Wasatch U-cart. Mr. Smith presented pictures of the temporary office trailer and what has changed since the Planning Commission meeting. He explained that the trailer encroaches on the 20 foot setback on Geneva Road, however, the Planning Commission has given Mr. Maynes until November 12, 2004 to remove the trailer permanently. Mayor Ellertson inquired about the construction of a permanent structure. Mr. Maynes commented that he hopes to submit building plans and pull a building permit within 30 to 45 days. Mr. Smith observed that the landscape is now installed and that 5 feet of sod has been placed between the fence and trailer, however the LI ordinance requires curb along the landscape area. There was a discussion about the detention pond. Mr. Maynes referred to Pacific Steel’s pond as an example of what he is proposing to construct. Mr. Smith reported that the detention basin and gravel surface are in place but they have not been inspected by the Public Works Inspector.

Councilmember Carpenter observed that the site looks bad and proposed a berm be incorporated into the landscape if gravel is to bused for the detention pond. Mr. Smith noted that the rear portion of the site is much cleaner than in the past, however, the applicant is using part for outside storage which was not approved for such use. Mr. Dameron inquired about the location of the permanent building. Mr. Maynes reported it would be pushed back to the east side of the site. Councilmember Carpenter asked where the bins and parking will be once the trailer is removed. Mr. Maynes replied that the bins would be relocated to the front of the site. Mr. Smith referred to the approved site plan and noted that such relocation has not been approved. Councilmember Bayless expressed concerns with the appearance of the site and the storage bins being moved to the front. She also wondered how Mr. Maynes would run the business without an office building. Mr. Smith clarified that products and/or displays do not have to be behind an obscuring fence, however, storage must be fenced. Mr. Smith noted that Mr. Maynes has taken liberty when it comes to storage. Mr. Smith displayed a picture of the east side of the property where shipping containers, old tires, etc., are being stored. Mayor Ellertson observed that there are three options: first, shut the business down; second, leave it like it is; or third, give the applicant six months to improve. Councilmember Bayless inquired if once the permanent structure is constructed, would some of the storage concerns be eliminated. Mr. Maynes said that it would. Mayor Ellertson commented that the business provides a needed product and service to the community. Councilmember Bayless observed that she is not opposed to what is being accomplished. Mayor Ellertson asked the petitioner what his intent is. Mr. Maynes informed the Mayor and Council that his intent was to comply, but, lack of funding is the main reason for his inability to complete the required improvements. He reported that he did not know outside storage was prohibited but he noted that once the building is constructed, he would move tools being stored in the shipping containers inside. Mr. Dameron inquired if the building is not completed by November 12, 2004, which will be the end of the extension granted by Planning Commission, will the temporary office trailer need to be removed. The response was "yes, even if the permanent structure is not finished."

COUNCILMEMBER CARPENTER MOVED TO ACCEPT THE APPEAL OF MR. ERIC MAYNES TO KEEP THE CONDITIONAL USE PERMIT FOR WASATCH U-CART LOCATED AT 240 NORTH GENEVA ROAD BASED ON IMPROVEMENTS MADE TO DATE AND WITH THE FOLLOWING CONDITIONS:
1. THAT THE CONDITIONS OF THE ORIGINAL APPROVED SITE PLAN BE COMPLETED
2. THAT NO OUTSIDE STORAGE IS PERMITTED. STORAGE MUST BE MOVED INSIDE THE NEW BUILDING.
3. ALL ITEMS MUST BE COMPLETED ON THE APPROVED SITE PLAN BY NOVEMBER 12, 2004.

Mr. Maynes invited Councilmember Bayless to walk the site with him before and after conditions are met. Councilmember Bayless asked Mr. Maynes to "make us proud" and not let the City Council down.

COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Presentation - Mountain View Corridor Transportation Route Alternatives. The firm of Penna, Powers, Bryan, and Haynes was commissioned to perform this study. They will present to the Council the route alternatives which made it through the screening process.

Ms. Terry Newell,the project manager for UDOT of the Mountain View Corridor Route Alternatives presented this item. Ms. Newell explained that the project is in its third year of the process however, she started about a year ago working with PPBH. She gave an overview of how the process began with brainstorming sessions and that Mayor Ellertson and Councilmember Acerson participated. From these sessions, there were over 300 possible solutions for Salt Lake County and Utah County. The current stage of the study has narrowed the route alternatives to four in each county. Now PPBH is seeking public input on the four routes selected. Ms. Newell observed that inputs can be submitted by phone, online, or by mail. The public input deadline is August 31, 2004. The goal is to reach an ultimate solution by summer of 2006. Ms. Newell distributed a handout of the four options being considered. Mr. Smith and Mayor Ellertson noted that alternative 1A, Northern Freeway Concept, all three plans shows a connection at Exit 278, the north Lindon/Pleasant Grove interchange. Mayor Ellertson observed that this effort will not affect transportation only but it will impact land use (master plan) and what cities have plan for the area. Ms. Newell commented that a lot of effort is going into outreach to the community, therefore, she and Mr. Geoff Dupaix of UDOT, travel to the various communities in the "talking truck" distributing flyers and encouraging citizens to provide comments. Councilmember Bayless inquired if safety and accident components have been considered in the study. The reply was "yes." The schedule of the "talking truck" was discussed. Mayor Ellertson reported that the Grand Opening for the Lindon Super Wal-Mart is scheduled for August 25, 2004 and invited Ms. Newell and Mr. Dupaix to bring the "talking truck."

6. Presentation - Mountainland Association of Governments Transportation Options. Darrell Cook, Executive Director of MAG, will present an update concerning transportation issues in Utah County.

Mayor Ellertson introduced Mr. Darrell Cook, Executive Director of MAG and thanked him for his undying dedication to this issue and for coming to the meeting tonight. Mr. Cook distributed handouts displaying a variety of traffic congestions in Utah County. He commented that he has shared this information with the State legislators, mayors, and gubernatorial candidates prior to the election. Mr. Cook observed that Utah County is growing rapidly; since 1990, the County has grown 55% and I-15 is almost to capacity. He referred to the Mountain View Corridor as an important component to Utah County’s transportation plan. Mayor Ellertson observed that the single busiest area is right in the middle of Lindon. The net capacity on Geneva Road is one lane; if anything happens on I-15, vehicles will be routed to Geneva Road. Studies show the need to improve I-15 by 2010 to four lanes, from the point of the mountain to UVSC. Mr. Cook reported that commuter rail, the Mountain View Corridor and improvements to I-15 are all needed to solve the county’s transportation dilemma. MAG is also exploring alternatives for the eastlake highway, between I-15 and Utah Lake.

Mr. Cook reported the main constraint for these projects is funding. He observed that to rebuild I-15 and all interchanges with the exception of the Lindon and University Avenue interchanges which need minor modification, will cost an estimated $1.6 billion. Mayor Ellertson commented that there are tough questions that we as citizens will need to answer such as "what can we do as citizens to help fund these road systems." Mayor Ellertson thanked Mr. Cook again for his time and presentation.

7. Discussion - Wise Water Use. The Mayor and Council will discuss the progress of water conservation efforts within the city for this watering season.

Mr. Dameron reported that staff thought it would be a good idea to discuss this topic and to once again "Raise the Awareness Level." He noted that Mr. Don Peterson, Public Works Director, observed that he has noticed an increase in watering during the non-watering hours between 10 a.m. to 6 p.m. Mayor Ellertson asked Mr. Clark to help the City get the word out by writing an article encouraging water conservation. Mayor Ellertson expressed appreciation to staff for their efforts to beautify the City and thanked Mr. Clark for his assistance.

8. Public Hearing - Change in the Certified Tax Rate. The City Council will hear public comment and act to approve a change in the previously adopted certified tax rate for fiscal year 2004/2005. The adopted certified tax rate was .002095. Due to a problem at the State Tax Commission, the rate was recalculated and is now .001837. Last year’s CTR was .001873.

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

Mayor Ellertson observed that the CTR is reported to the municipalities by the Utah County Auditor. Mr. Dameron commented that the problem occurred at the State level and the rate has been recalculated three times and now the CTR is .001837. This reduction will reduce the General Fund Reserve by $34,256. Mayor Ellertson commented that the 2004/2005 Budget will need to be amended. Mayor Ellertson asked if there was any public comment. There was none.

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

COUNCILMEMBER CARPENTER MOVED TO AMEND THE ADOPTED CERTIFIED TAX RATE TO BE .001837 FOR FISCAL YEAR 2005/2005 AND ALSO AMEND THE BUDGET FOR FISCAL YEAR 2004/2005 AS FOLLOWS:
1. PROPERTY TAX REVENUES FROM $935,884 TO $820,630
2. APPROPRIATION TO FUND BALANCE FROM $149,510 TO $ 34,256.
COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

9. Review and Action - Utah County CDBG Letter. The City Council will discuss the proposal from Utah County concerning community development block grant funds.

Mayor Ellertson presented this item. He observed that the population growth in Utah County has increased to the point where the County is now eligible for designation as an urban county for the fiscal years 2005-2007. As such, Utah County would receive CDBG funds directly from HUD and the County would be required to administer its own program. The two entitlement cities, Orem and Provo are excluded from this fund. Mayor Ellertson noted that the issue with this eligibility is the County have only a month to prepare to administer the program. He commented that County elected officials desire to respond to HUD expressing Utah County’s wishes to participate but want to be prepared to handle the program and request a year deferment. Mayor Ellertson reported that the latest estimated amount earmarked for Utah County is $900,000 for the 2005-2006 program year. Councilmember Carpenter inquired about action needed. Mayor Ellertson replied he would write a letter saying "yes" but want to delay one year, however, in the meantime, Lindon will continue to go through MAG. Mr. Dameron reported that traditionally, Lindon has not qualified to participate, however, last year, for the first time, the City qualified to apply. The CDBG funds will be used to slip line the sewer system on 600 North, west of State Street.

Councilmember Hatch was absent.

Councilmember Bayless reported that the Planning Commission is planning field trips to tour some moderate income housing projects. Mayor Ellertson proposed a joint effort. She also expressed urgent need to move forward with architectural design elements for State Street and recommended Ms. Linda Nelson, Ms. Betty Gibbons, and Ms. Nancy Zundel to serve on the architectural review committee.

Councilmember Bath reported that the police department is running smoothly, but, there are issues with the horse arena. He expressed concerns with people using public facilities for personal profit. For an example, using the arena to teach students to ride for a fee. He observed that many individuals use the arena for personal business and the city is subsidizing them. Mayor Ellertson inquired if the area could be scheduled to accommodate both.

Councilmember Acerson was absent.

Councilmember Carpenter had no items to report.

ADMINISTRATION’S REPORT

1. Mr. Dameron reviewed the Project Tracking List. The Council requested to see Low Book Sales. Mr. Dameron noted this item will be going to Planning Commission on July 28.
2. The Fighting ordinance will be coming soon.
3. Mr. Dameron discussed the Comcast letter.
4. The Jim Proctor’s Freedom Gallery display was discussed and Mayor Ellertson observed that this purchase would be an investment for the City.
5.The landscaping strip in the street median in Highland City was discussed.
6. Mr. Dameron discussed the letter from Jared Frei, city attorney, regarding a prayer policy for the City.
7. Mr. Dameron reminded the Council of the Engineering Coordination meeting scheduled for Wednesday,. July 21, at noon, at Public Works. Councilmember Bayless and Councilmember Carpenter will attend this meeting.
8. Mr. Dameron noted that the McKinley Drive Trail neighborhood meeting is scheduled for Wednesday, July 21 at 7 p.m.
9. The Lindon Fair group want to use the upper park area but has decided against it and will keep all festivities in the lower park area.
10. Utah League of Cities and Towns registration cards are available.
11. Councilmembers are needed to serve on the R2 Overlay Committee which will amend the R2 Ordinance. It was decided that the following people will serve on the committee: Mayor Ellertson, Councilmembers Bayless and Carpenter, Planning Commission Chairman Sweeten, Commissioner Peters, Ott Dameron, Jared Frei and Kevin Smith.
12. The road way between Geneva Road and railroad tracks will be a right-in, right-out on both sides streets. This move is supported by UDOT.

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

Executive Session - The Mayor and City Council will meet privately to discuss pending or reasonably imminent litigation against the city. (UT Code 52-4-4)

COUNCILMEMBER BATH MOVED TO CLOSE CITY COUNCIL MEETING AND MOVE TO EXECUTIVE SESSION. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER BATH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 11:39 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - August 3, 2004