The Lindon City Council held a regularly scheduled meeting on beginning with a Work Session at 6:00 p.m. on Tuesday, June 1, 2004 in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor

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

Jerald I. Hatch, Councilmember

WORK SESSION - 6:00 p.m.

The Mayor and City Council will meet in a budget work session with staff.

The Work Session began at 6:14 p.m. Ms. Colson observed that the staff report contains the new public safety and recreation figures. Councilmember Carpenter asked if they were higher this year than last year. Ms. Colson replied yes. Ms. Colson was asked if the budget balances with the higher proposed figures for public safety and recreation. Ms. Colson replied that funds were adjusted from the Assistant Treasurer position and increased sales tax estimates.

Ms. Colson introduced her power point presentation on the proposed budget by drawing attention to the first screen about Budget Issue #1 - the new storm water technician position. She informed the Council that this item will impact the budget about $46,800. She added that the item has been included in the budget. The position will start at salary range 13, step 1.

Budget Issue #2 - the reactivated Assistant Treasurer position, was discussed next. Ms. Colson observed that the position will be responsible for duties split from both the Treasurer and Administrative Clerk positions. The impact of $46,075 has also been included in the budget, and includes wages, benefits and new computer. The Council discussed the possibility of transferring an existing staff member to the position and giving this person a small raise. Ms. Colson informed the Council that the transfer would be an advancement of one range. Mr. Dameron commented that replacing the transferred staff member with a new person in the current position would probably result in a small savings for the City.

Ms. Colson commented that Budget Issue #3 is the question about funding the increase for employee insurance. She informed the Council that the employees are increasing their contribution by 100 percent. The amount of increase for insurance premiums is 23 percent or $173.66 per family. The total impact on the budget is $61,900. Mayor Ellertson asked if the employees are understanding the relationship between use and cost. Mr. Dameron replied that he thinks so, and noted that ULGT and URMMA have given presentations teaching the employees how to reduce costs for medical care. The Council discussed this nationwide problem. Councilmember Carpenter commented that the employees should be made aware that there is a possibility that future increases in premiums will not be funded by the City. He also recommended researching alternative providers. The Council agreed. Mr. Dameron noted that the staff would start in January 2005 to find an alternative provider for implementation in July 2005.

Councilmember Carpenter verified with Ms. Colson that the proposal by employees to double the contribution is about 10 percent of the total increase. Ms. Colson confirmed this statement. Councilmember Carpenter suggested that one incentive for employees to reduce medical use is to float the idea that future increases will have to be funded by employees. Councilmember Acerson asked if it was legal to track usage. He felt that if there were just a few abusing the system, then those should be the ones to pay the extra. Ms. Colson replied that the insurance companies track usage. Mayor Ellertson asked if the insurance company uses this information to deal directly with an employee. Ms. Colson replied yes and related her experience with this issue. Councilmember Carpenter commented that he is aware that one of the frustrations of doctors is to have insurance companies micro-manage their therapies. Ms. Colson replied that her experience was that insurance companies make the effort to find a good balance.

Ms. Colson introduced Budget Issue #4 - the COLA increase of 2.3 percent and the merit increase of 2.7 percent annually for employees. Mr. Dameron observed that these increases help keep the employees’ salaries competitive. Mayor Ellertson commented that the merit increase is a step up in the salary range and the only adjustment to the salary range is the Cost of Living Adjustment (COLA). Mr. Dameron confirmed this statement and observed that the merit increase is subject to the employee review. Ms. Colson asked if there were additional questions. There were none.

The Budget Issue #5 - Tuition Reimbursement Program was presented by Ms. Colson as a way to encourage employees to improve themselves for the benefit of the City. She noted that a copy of the program was attached to the staff report. She observed that the program is funded with $2000 and applied on a "first come, first serve" basis. Councilmember Bayless asked if applications for the program are taken on a semester basis. She expressed the opinion that there was more potential to have a larger number of employees participate if they felt that they had a better chance of receiving the grant. Mr. Dameron observed that the grant is a reimbursement and that certain grade and course standards apply.

Mayor Ellertson raised a question on the choice of courses. He pointed out that not all jobs require a degree. Mr. Dameron commented that the job he had in Orem did not require a degree, but the tuition reimbursement program there allowed him to progress into a job in management. Councilmember Bayless added that many degree programs involve required courses of general education, and these cannot be specifically applied to a job in the City. Mayor Ellertson suggested that the employee disclose the degree they are seeking. This would allow the City to limit the reimbursement to courses and degrees that are deemed beneficial to the City. He felt that this could be clarified in the policy. The fact that course work will require irregular work schedules for short durations and/or special circumstances was discussed.

Mr. Dameron commented that the budget committee has met a couple of times and recommended capital projects and equipment purchases that are reflected in this budget. Ms. Colson turned the discussion to the proposed changes in the fee schedule. She observed that a new fee in the cemetery area is for double depth burial. The increase in the amount charged to residents and nonresidents were compared. Another new addition to the fee schedule is an application fee for a water share relief petition. The fee will help cover engineering costs in relation to the application. Councilmember Carpenter asked if there was more to the engineering than calculating the acreage. Ms. Colson replied yes and listed administrative costs. After discussion, Ms. Colson was asked to work with Mr. Smith to calculate a fee that would be more exact to the costs incurred.

Mr. Dameron added that the price of a water share has also been raised to meet the market, not to lead the market. The Council discussed the market in water shares. There was also a discussion on that fact that water is becoming harder to find. It was noted that Highland has adopted a relief petition process. Councilmember Carpenter commented that the City is going to have to stop development at the point that water is no longer available. Councilmember Acerson replied that Lindon has been prudent and has enough water to anticipate the needs of the City. Mayor Ellertson added that the present supply assumes that all the water shares have a supply of water in the reservoirs and streams. Mr. Dameron noted that it also assumes that Lindon will not have a large water user. Councilmember Bath asked how much of North Union Canal Company is owned by Lindon. Mr. Dameron replied that Lindon owns just over 50 percent of the outstanding shares. There was a discussion of the water owed to Lindon by Pleasant Grove City.

The Council returned the discussion to the fee schedule changes. Councilmember Hatch asked about the grooming fee for the horse arena. The tasks entailed in the grooming of the horse area were disclosed and discussed. The changes in the secondary water rate structure were disclosed and discussed. Ms. Colson observed that the rates have not changed, the categories were refined. The Work Session was closed at 7:01 p.m.

REGULAR SESSION - 7:00 p.m.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Spencer Ricks, Team 836
Invocation: Lindsey Bayless

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

The meeting began at 7:04 p.m.

PROCLAMATION - Military Appreciation Week - June 12-19,2004. Governor Walker and the Utah Legislature have encouraged local governments to join with them in proclaiming the week of June 12-19, 2004 as Military Appreciation Week.

Mayor Ellertson asked if there were any questions about this proclamation. There were none.

COUNCILMEMBER BAYLESS MOVED TO APPROVE A PROCLAMATION DECLARING JUNE 12-19, 2004 AS MILITARY APPRECIATION WEEK. COUNCILMEMBER BATH SECONDED THE MOTION.

Mayor Ellertson commented that the City has scheduled their own appreciation party for the 10^th of June. He suggested changing the proclamation from the 12^th to the 10^th. The Council agreed. He also noted the Torch Run for the Special Olympics is this week on June 3^rd.

COUNCILMEMBER BAYLESS MOVED TO AMEND THE MOTION TO CHANGE THE DATES FROM JUNE 12-19, 2004 TO JUNE 10-19, 2004. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

MINUTES - The Minutes of the regular meeting of May 18, 2004 will be reviewed.

The minutes of the regular meeting of May 18, 2004 were reviewed. The following corrections were made:
Page 5, Line 13: Replace the word "to" with the words "and received."
Page 5, Line 18: Add the word "the" after the word "was."
Page 5, Line 36: Replace the name "MacMillan" with the names "McMillan and his wife Colleen."
Page 5, Line 37: Add the word "that" after the word "learning."
Page 5, Line 38: Replace the word "to" with the word "can."
Page 6, Line 14: Replace the words "Presentations were" with the words "Council briefly."
Page 6, Line 15: Replace the word "briefly" with the word "Presentations."
Page 6, Line 40: Replace the word "about" with the phrase "if the lakeside right-of-way in."
Page 6, Line 41: Add the words "was resolved" before the name "Vineyard."
Page 7, Line 15: Add the word "blue" after the word "royal."
Page 9, Line 32: Add the word "were" after the word "there."

COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF MAY 18, 2004 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

Mr. Denny Farnsworth of 584 West Gillman Lane told the Council that his Gillman Farms Subdivision has about five lots on Lakeview Drive. He has been told not to put in the improvements along here. Mr. Dameron explained to the Council that Lakeview Drive has a section of pathway through this area. Councilmember Bayless commented that the City has applied for a grant to pay for the engineering for this section of trail.

Mr. Farnworth commented that he had sold the lots as improved before he was told not to improve, and now the buyer wants to back out. He would like to install at least the curbing so that the utilities can be installed. Councilmember Carpenter asked about the timing of the project. Mr. Farnsworth replied that he has split the project to extend the time line, however, the power and gas companies refuse to install without the curb line. Mayor Ellertson asked how much asphalt is affected in this area. Mr. Farnsworth replied that the property line shifts north as it goes east, so the asphalt amount varies. Mr. Dameron asked Mr. Farnsworth if the homeowners would be satisfied with a date that the City will come in and put the improvements on that street. Councilmember Acerson asked if a verification from the City would satisfy the buyers. Mr. Dameron explained that the construction is about a year away. He added that the trail grant funding this year will be used for engineering. Mayor Ellertson suggested that maybe he could have a conversation with the utility companies about installing the electric, gas and phone.

Mayor Ellertson discussed the situation with Mr. Farnsworth. Mr. Farnsworth thanked the Council for their time.

Captain Cody Cullimore informed the Council that Public Safety Director Mike Ferre is retiring on June 14, 2004. Pleasant Grove City will be holding a luncheon and Open House at noon on this day at the Grove Creek 4^th Ward. There will also be another reception at the Senior Citizen Center on June 15. He observed that Mr. Ferre has worked with Pleasant Grove City since 1963 or 40 years.

Mayor Ellertson observed that he would forego any comment at this time.

CONSENT AGENDA - No items

1. Public Hearing - Proposed Budget for Fiscal Year 2004/2005. The City Council will hear public comment concerning the proposed city budget for fiscal year 2004/2005. Two public work sessions have been held where the budget issues were discussed. Tonight, staff will present the issues associated with the proposed budget, including the changes to the city wide fee schedule, and Council will then give direction to staff on each budget issue. The public hearing for budget adoption is scheduled for June 15, 2004.

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 Council has had three public work sessions on this subject so far, two on previous dates and one before this meeting. Ms. Colson suggested the Council to respond to a straw poll on each issue. She asked the Council for their vote on Issue #1. The Council indicated a consensus to leave all five budget issues in the budget. Ms. Colson then reviewed the fee schedule changes. She asked if there were any questions. Mayor Ellertson commented that the budget was reviewed rather quickly and asked if there were any questions from the public. Mr. Wesley Harward of 653 West 20 South questioned secondary water submittal requirements. His questions were answered.

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

COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING TEMPORARILY AND CONVENE THE LINDON CITY REDEVELOPMENT AGENCY AT 7:37 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

BOARDMEMBER HATCH MOVED TO ADJOURN THE LINDON CITY REDEVELOPMENT AGENCY AND CONVENE THE LINDON CITY MUNICIPAL BUILDING AUTHORITY AT 7:41 P.M. BOARDMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

BOARDMEMBER HATCH MOVED TO ADJOURN THE MUNICIPAL BUILDING AUTHORITY AND RECONVENE THE CITY COUNCIL MEETING AT 7:45 P.M. BOARDMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Public Hearing - Ordinance to Adopt a Telecommunications Service Providers Gross Receipt Tax (Ordinance #2004-6). The City Council will hear public comment and possibly act to approve an ordinance which will adopt a tax of 4% of the gross receipt which are attributed to Lindon City from telecommunications service providers. This action repeals the fee of $1 per month per cell phone which was adopted last fiscal year. The revenues from this action will augment the costs of improvements to new city parks.

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

Mayor Ellertson commented that this ordinance is based on a model ordinance distributed by the Utah League of Cities and Towns. He explained that the ordinance will change the existing $1 franchise fee for cell phones so that it covers all telecommunications with a 4% franchise fee. He also explained that the franchise fee for cell phones will increase, but the franchise fee for land lines will decrease. Mr. Dameron commented that the City estimates that the amounts due to the City will remain essentially the same. Councilmember Carpenter observed that the purpose of the ordinance is to treat all the different uses on an equal basis. Mayor Ellertson agreed and added that the League has negotiated this agreement with the providers. He asked if there was any discussion. There was none. Mayor Ellertson asked if there was public comment. There was none.

COUNCILMEMBER CARPENTER MOVED TO ADOPT ORDINANCE #2004-6, ESTABLISHING A TAX ON THE GROSS RECEIPTS OF TELECOMMUNICATIONS SERVICE PROVIDERS AND SETTING THE RATE FOR SUCH TAX; AND ESTABLISHING THE EFFECTIVE DATE OF THE TAX.

Councilmember Hatch commented that he was against this tax. Mayor Ellertson explained that the City was already charging this tax, the purpose was just to bring uniformity to the levy. Councilmember Carpenter observed that there is a timing issue in the agreement with the providers. Mr. Dameron agreed and noted that the date is July 1, 2004. Councilmember Carpenter added that this is not a tax increase, just a redistribution of the tax load. Mayor Ellertson commented that the cell phone providers were not paying franchise taxes at one time and had an advantage over the land line providers. Then the $1 franchise fee was set, and now this ordinance will level the playing field so that all providers are paying at the same rate. Councilmember Bath commented that he would like some more time to consider the ramifications. It was noted that he had been absent when the $1 franchise tax had been voted on and adopted. Mr. Dameron explained that there had been a time limit on the $1 franchise fee adoption also. If the City had waited, another process would have been required.

THE MOTION FAILED FOR LACK OF A SECOND.

COUNCILMEMBER CARPENTER MOVED TO CONTINUE THE PUBLIC HEARING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR, EXCEPT COUNCILMEMBER HATCH, WHO VOTED NAY. MAYOR ELLERTSON VOTED AYE TO MAKE A QUORUM. THE MOTION CARRIED.

3. Review and Action - Addition of Cell Phone Policy to the Lindon City Policies and Procedures (Resolution #2004-6). This is a request by staff to include a provision in the Lindon City Policies and Procedures for cell phone use, provision, and payment for certain employee positions.

Mayor Ellertson asked Mr. Dameron to introduce the new cell phone policy for city employees. Mr. Dameron explained that there has been quite a disparity in how employee cell phone use has been paid by the City. He explained that a new program has been researched that will save money on cell phone use and facilitate more communication. Councilmember Hatch asked if the cell phones will replace radio communication. Mr. Dameron replied no, but that the cell phone use reduces the radio communication.

The amount of minutes in the plan and the average amount of minutes for personal use were discussed. Councilmember Hatch suggested that employees pay $20 per month, plus excess charges for personal overages, on the basic plan. Councilmember Carpenter asked if the 5,000 minute pool will be sufficient to cover the usage. Mr. Dameron replied that he felt the amount was sufficient based on the current usage. Mayor Ellertson asked if there was a contract. Mr. Dameron replied that the contract is for one year. Mayor Ellertson commented that the City can consider this year as a trial period and if the costs are not reduced as expected, the plan can be reevaluated at its expiration.

Councilmember Bath suggested a compromise of $15 per month as the employees’ share. There was a discussion of possible inequities and how they have been anticipated. Councilmember Bath commented that it appears that a lot of thought has been put into anticipating the contingencies and that this proposal will save the City money.

COUNCILMEMBER BATH MOVED TO APPROVE RESOLUTION #2004-6 AS WRITTEN, AMENDING THE LINDON CITY POLICIES AND PROCEDURES MANUAL BY ADDING A CELL PHONE USE, PROVISION AND PAYMENT SECTION TO THE PERSONNEL POLICIES AND PROVIDING FOR AN EFFECTIVE DATE. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCIL REPORTS:

Councilmember Hatch reported abuse of the secondary water system by Green Thumb Nursery on State Street. He also reported a flooded culvert on State Street over the weekend that was caused by a closed headgate. He asked Mr. Dameron to pass on praise for Public Works Director Don Peterson’s timely response to this emergency situation.

Councilmember Bayless noted that she had no report for tonight.

Councilmember Bath reported that the police department had thirty auto burglaries reported by residents last night in the 400 East area. Captain Cullimore verified this report and explained what officers found and what kinds of items were missing from cars.

Councilmember Bath asked how the recycling sign-ups were progressing. Mr. Dameron replied that there were not yet enough to meet BFI’s requirement. Councilmember Bath suggested phone calls and "face to face" contact of residents. He reported that the residents that he has talked to are concerned about paying twice for garbage service. He asked about ways to encourage the program that will not cost the residents extra money. There was discussion of the possibility of picking up garbage one week and recycling the next. Councilmember Hatch noted that he had talked to residents with the same concerns. He asked why the garbage contractor was charging residents for pick-up when they were reselling the recycled items and making a profit. There was discussion about bringing BFI to a Council meeting. Mayor Ellertson suggested involving the scout troops in delivering notices to residents about the program. He asked how much extra the program will cost. Mr. Dameron replied $4 per month. Councilmember Carpenter commented that recycling reduces the need for landfills, and will benefit the consumer in the long run. He also agreed that he was surprised that BFI could not offer a better contract. The Council agreed that they would like to discuss the situation with BFI. There was discussion of the proposal to make the program mandatory to receive the different rate structure offered by BFI. Councilmember Bath commented that he would hate to make the program mandatory. Mayor Ellertson suggested that the Council think about how to get the word out about the program.

Captain Cullimore reported that the Public Safety Department is participating in a program through the County that will result in some heavy rescue equipment and communications equipment for use in disaster situations.

Councilmember Acerson was excused.

Councilmember Carpenter reported that he had been invited to Pleasant Grove City’s Memorial Day Flag Raising Ceremony. He commented that this is a nice program, though sparsely attended. He suggested that more effort be made to get the word out on this event also.

Mr. Dameron:

Asked for hearing requests from the Project Tracking list. He noted that H5 was continued by the Planning Commission. Councilmember Hatch asked for the Jones R2 Overlay project. There was discussion of this project and the intent of the Overlay ordinance. There was consensus to have Council review of this project. Various other projects on the list were discussed.

Noted that the Public Safety Department had requested their budget amount and that there was a 9% increase.

Informed the Council that a Utility Billing policy amendment has been added to the upcoming agenda for July.

Drew attention to copies of the Timplake trail segments map included in the staff report. He asked the Council to review and give some feedback on the priority of trail segments.

Distributed the latest resolution draft, agreement and information on UTOPIA for the Council’s review. He noted that there will be a special study session on Monday, June 7^th at 4:00 p.m. in the Council Room.

Noted that the Special Olympic Torch Run will come to Lindon City on June 3^rd at 11:00 a.m. There will be a ceremony at the Flag Plaza. The Councilmembers were invited to attend and participate. It was also noted that the Opening Ceremonies will be the next night at BYU.

Reminded the Council of the Military Appreciation party on Thursday, June 10^th at 6:30 p.m.

Noted that another important date for the Council’s schedule is the Retirement Open House for Public Safety Director Mike Ferre.

Listed a number of Public Hearings scheduled for the meeting of June 15 and asked the Council if they would like to start earlier. Consensus was reached to start City Council meeting on June 15 at 6:00 p.m.

Reported that the number of Recycling sign-ups had reached 210.

Observed that it had been a number of years since a city-wide survey on services had been completed. He asked if the Council would like to commission an updated study. After discussion, the Council instructed Mr. Dameron to contact Dan Jones and Associates.

Informed the Council that the Low Book Sales proposal is now being presented by Dustin Sweeten as an expansion and moving of Country Cars. He reported that the Planning Commission would hear this presentation on June 9^th. After discussion, the Council asked to have this item presented for their review, since it is the first real interpretation of the new ordinance. Mr. Dameron asked if they would like to hear this at their next meeting. The Council discussed the agenda and asked Mr. Dameron to place it on the agenda for June 23.

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

COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 8:43 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - June 15, 2004