The Lindon City Council held a regularly scheduled meeting on Tuesday, March 2, 2004, beginning with a Joint Work Session at 6:00 p.m., in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

PRESENT
Larry A. Ellertson, Mayor
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ron Anderson, Commissioner
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner
Marilyn Simister, Commissioner
Richard Draper, Boardmember
Jeff Southard, Boardmember
Jeff Wilson, Boardmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Gordon Duval, City Attorney
Kristen Colson, Finance Director
Venla Gubler, Administrative Clerk

ABSENT
Jeff Acerson, Councilmember
Jim Peters, Commissioner
Dustin Sweeten, Commissioner
Jim Dain, Boardmember
Steve Smith, Boardmember
Phil Brown, Chief Building Official
Don Peterson, Public Works Director

WORK SESSION - 6:05 P.M.

The annual training required by URMMA (Liability Insurance Group) will be conducted for the Mayor and City Council, the Planning Commission, the Board of Adjustments, and staff. The topics of the training will include land use decisions, takings, ex-parte communications, and conflicts of interest.

Mr. Dameron introduced Mr. Gordon Duval, City Attorney, to talk about conflicts of interest, exactions, ex parte communications and due process issues. Mr. Duval invited Councilmember Bayless, Commissioner Nixon, and Boardmember Draper to the front. He had three hats labeled with the words "Executive," "Judicial" and "Legislative" for the three branches of government. He asked the members of each of the branches of Lindon City government what hat they would wear and what role they take. After discussion, it was decided that the Board of Adjustment is Judicial, but the Planning Commission and City Council take all three roles at various times. When the government bodies are making laws, they are acting as a legislative body and otherwise, they are acting as an executive body. When there is a hearing, they are acting as a judicial body. He commented that the Board of Adjustment's role is as an independent, impartial court.

Mr. Duval next addressed ex-parte communications. He explained that this is talking outside of a hearing or meeting. He noted that staff is also restricted from discussing pending issues. The information that is available must be imparted to all members of a governing body equally and all parties must be made aware that this information has been distributed. Boardmember Draper confirmed that if a resident requests a variance, the Boardmembers can view the property on their own, but must not discuss the issue. Mr. Duval agreed. Mr. Duval added that all "judicial" decisions made by the governing bodies must be supported by findings of facts and conclusions. If these decisions are not supported, the decision may be overturned by a civil court.

Mr. Duval discussed conflicts of interest. He distributed copies of the Utah State Statutes concerning ethics and disclosure. Councilmember Carpenter commented that there is an evident distinction between what is legal and what should be ethical. The State statutes only required that a conflict of interest should be disclosed. There are no requirements to step down or recuse themselves from the proceedings. Mr. Dameron commented that the City asks all members to file a disclosure statement at least once a year, and update this statement as conditions change. Mr. Duval agreed that this is a good practice. He added that disclosure, however, does not provide full protection for the City.

Mr. Dameron commented that it is up to the individual to "raise the bar" on ethical behavior. Mr. Duval suggested that Lindon consider a new ordinance, but in the meantime, individuals can refer to Roberts Rules of Order for guidance. He felt that the best policy is to disclose a potential conflict of interest to the body and then let the body make the decision whether the member should be recused or allowed to participate. Mayor Ellertson asked if a person can participate in the discussion and then not participate in the vote. Mr. Duval replied yes. Councilmember Bayless reported that she had been told that it is best to avoid the appearance of impropriety and recuse yourself and leave the room. Mr. Dameron agreed that this had been his advice to the Council and this practice has been used as the rule for conflict of interest issues.

Mr. Duval then told the members present that if the body is acting as a legislative board, all information available, from all possible sources, must be considered. Legislators, of diverse natures and interests, are essential to the process and are allowed to vote on an issue. They are encouraged to take calls from citizens, who have a right to talk to their representatives. City ordinances are what should be considered the legislative portion of city business. He pointed to the agenda for tonight's City Council meeting and commented that the items appear to be mostly executive functions. He also commented that the City fee schedule should be adopted by resolution, not by ordinance. Commissioner Nixon asked if ex-parte communication is okay for executive functions also. Mr. Duval replied yes.

Mr. Dameron asked if it was ethical for a developer of a controversial project to meet with a Planning Commission member. Mr. Duval replied that it is legal, but should not be abused. He explained that sometimes it is hard to recognize the capacity of the hat a member is wearing at a particular time. He pointed out that the City Council and Planning Commission often act as a quasi-judicial board. Mr. Dameron confirmed that when the City Council is considering an ordinance, they are wearing the legislative hat. He pointed out that the City has been hearing a new ordinance for Assisted Living Centers for the last year, which is an example of a legislative proceeding. Mr. Duval affirmed this conclusion. Commissioner Nixon commented that applying the ordinance to specific situations is the executive hat. Mr. Duval confirmed that the executive function is to apply the law. He explained that the legislative function is to make laws, the executive function is to apply the law and the judicial function is to interpret the law.

Mr. Duval commented that the annual disclosure form provides protection, but if there is a specific circumstance when a member has a conflict of interest, a disclosure form should be attached to the minutes of that meeting. He confirmed that the statement is "better in writing." Councilmember Carpenter verified that a verbal disclosure may not be sufficient. Commissioner Godfrey questioned the legal ramifications of a standard higher than the law. Mr. Duval clarified that the ramifications will not always be legal, but political, personal, and possibly from the media.

Mr. Duval next addressed the due process issue. He defined due process as "fairness under the circumstances." He admitted that this is vague and hard to implement, but there are two main elements. They are that notice must be provided and that individuals must have the opportunity to be heard. He explained that if the City adopts an ordinance that outlines a procedure, that procedure must be followed. He cautioned members to consider this when adopting laws. He advised them to not create burdens or hurdles that trip up the City, but to strive for flexibility. He also advised them not to make exceptions or modify the ordinance in a meeting without due process.

Mr. Duval observed that there is a difference between public comment and public clamor. The goal is to provide the public with fundamental fairness. Mr. Dameron commented that many residents have come to meetings complaining that they did not know about the hearing until ten minutes ago, even though the City has advertised and posted agendas according to law. He asked if the City is in jeopardy of a due process violation. Mr. Duval advised him that it was important to document the "paper trail." He suggested that in some cases and in order to ensure proper notice, hand delivery may be required.

Councilmember Carpenter observed that some cities put severe restrictions on public comment. He asked how the issues of fairness are determined in these cases. Mr. Duval replied that Lindon gives residents extraordinary latitude to express their concerns, but limitations are appropriate. He suggested that if time runs out, to ask residents to put their concerns in writing. He agreed that there are times when there is no way to function without some restrictions. Councilmember Carpenter asked if redundant testimony is public clamor. Mr. Duval replied yes. He suggested that the rules for public comment should be clear, explained in advance, and precise. Commissioner Nixon noted that if a certain time limitation is given to the public, there are those that will "stack" the agenda and not leave time for the opposition. Commissioner Simister agreed and related an experience at the State Legislature. Mr. Duval agreed that there are problems, but the goal is fairness. Commissioner Bryner verified that it is the Chairman's responsibility to enforce the rules of public comment. Mr. Duval agreed, but added that a member can bring disorder to his attention. Mr. Dameron observed that Lindon has not put hard restrictions on public comment because the Council wishes to maintain the small town feeling and allow citizens to feel that they have been heard.

Mr. Duval told the members that the last issue he wishes to address concerns exactions and takings. He referred to a landmark case in Oregon where a City required a business owner to dedicate eight-feet for a trail. The courts ruled that this requirement was not appropriate and amounted to an exaction. He cited another case in New York where a requirement to put a utility cable on the outside of an apartment building was ruled as a taking. He advised the members to be careful of requiring something beyond what will benefit that specific project. Commissioner Nixon asked if the utility would be serving the building in the example stated. Mr. Duval replied yes, and noted that the courts still ruled it as a taking. Mr. Dameron asked if, in this case, no application for development on the building had been filed. Mr. Duval replied that this may have been the case.

Mr. Duval cautioned the members to identify the issues, and not ask a development to bear more than an equitable share of costs in relation to the benefits conferred. He commented that collector roads are a problem and it is sometimes hard to show the proportional benefit of trails. He used sewer expansion as an example. He noted that a subdivision will require a certain size of line to service the number of proposed homes. If the City feels that the line should be larger to expand beyond the subdivision, the City must pay the difference for the upgrade. He acknowledged that there are no black and white instructions for identifying a nexus, but the State has a full-time ombudsman to help address such issues. Boardmember Southard asked if negotiation can be employed. Mr. Duval replied that what is agreed upon between a City and a developer can still be interpreted as a taking, if the courts find that the City is asking a certain populace to pay. Mayor Ellertson commented that the requirements and conditions of development should be set in an ordinance, like underground power, so that all who develop have the same obligations. Mr. Duval agreed. He asked if there were questions. There were none. Thanks were given for the informative presentation.

REGULAR SESSION - 7:00 P.M.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Jerald Hatch
Invocation: Larry Ellertson

PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember (arrived at 7:35 p.m.)
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 7:08 p.m.

PROCLAMATION - "ChildSafe Month" - March 2004. This program seeks to help prevent firearm injuries and deaths through education and awareness and by promoting the use of firearm locking devices.

Mayor Ellertson commented that Captain Cullimore would be late and had asked to have this item postponed. He asked if there were objections. There were none.
COUNCILMEMBER BAYLESS MOVED TO POSTPONE THE CONSIDERATION OF A PROCLAMATION UNTIL LATER IN THE MEETING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. see below

MINUTES - The minutes of the regular meeting of February 17, 2004 will be reviewed.

The Minutes of the regular meeting of February 17, 2004 were reviewed. The following corrections were made:
Page 2, Line 6: Add the word "when" after the word "that." Add the words "is found, it" after the word "fraud."
Page 3, Line 12: Add the words "schedule and" after the word "will."
Page 3, Line 25: Add the words "gun-related suicides, and one" after the word "two."
Page 4, Line 26: Replace the words "could be moved back" with the words "would allow for a."
Page 4, Line 27: Replace the word "requirement" with the word "easement." Replace the word "this" with the word "it." Replace the phrase "not be a problem" with the phrase "and that a 30-foot easement will be allowed."
Page 4, Line 34: Add the distance "30-FOOT" before the word "PUBLIC."
Page 6, Line 8: Replace the word "location" with the word "relocation."
Page 6, Line 9: Add the words "a second" before the word "relocation."
Page 9, Line 2,3: Delete the sentence "Mr. Smith mentioned we received an application for a Mercedes-Benz of Lindon dealership."
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE MEETING OF FEBRUARY 17, 2004 AS CORRECTED. COUNCILMEMBER BAYLESS 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 reported that discussion is moving forward on a trails plan for Lindon City and noted that the City will be actively involved in working on one this year. He commented that, in conjunction with that, he is involved in entities that are dealing with transportation issues. He reported that there are huge hurdles to overcome, including growth. He commented that the City is working with UDOT to cross I-15, State Street and Geneva Road with a main east-west trail arterial. He reported that Mountainlands Association of Governments and the Wasatch Front Regional Council are coordinating to bring an important transit element to the Wasatch Front counties, which is commuter rail from Brigham City to Payson. He asked if there were any comments or questions for him. There were none.

CONSENT AGENDA - No items

CURRENT BUSINESS

1. Review and Action - Site Plan Review. This is a request by Dean Erickson for site plan approval for a full-service car wash on the northeast corner of the realigned 600 North State Street Intersection. The Planning Commission recommended approval with conditions.

Mr. Russ Naylor from Nichols Naylor Architects introduced himself to the Council. Mr. Smith brought up an aerial photo and pointed out the area and commercial zoning. He reported that the Planning Commission had reviewed this application at their last meeting. He pointed out two homes that will be removed and the future road alignment for 600 North. He commented that the site plan will incorporate the new alignment and displayed this feature on an overhead. He reported that the Planning Commission has recommended a masonry fence to separate this commercial parcel from the neighboring homes, except for the home directly to the east. He explained that this home is being sold. The Planning Commission felt that if this home is sold as commercial property, the wall need not separate the properties if the owners agree. He reported that the Planning Commission had talked about a fence on the west side to buffer the Lindon Care Center. The Planning Commission also recommended that the city property remaining after the 600 North road alignment should be deeded to the applicant and easements for utilities retained. Mr. Dameron commented that this procedure has been followed before. He cited the Main Street realignment as an example.

Mr. Smith reported that the Planning Commission recommended that the dumpster be moved further away from the residential homes and that an arched window be added to the cupola to carry through the design theme of the City Center and Walmart. These Planning Commission recommendations were passed five to one, with one Commissioner dissenting, who felt that the roof materials should be upgraded.

Mr. Naylor presented a rendition of the site plan and pointed out the masonry fence line and the realignment of 600 North. He pointed out the landscaping in the vacated area and the two rail fence. He traced the traffic circulation on the site and pointed out the floor plan details. He explained that this business will be a full-service conveyor car wash with an attendant on duty at all times. Councilmember Bath asked if it would be similar to the one in Orem. Mr. Naylor replied yes. He pointed out the exits and a bypass lane on the side of the building. He also noted that the exit to State Street is angled to promote right turns. Councilmember Carpenter commented that this angle will discourage right turns, but not prohibit them. Mr. Naylor replied yes. Councilmember Bath asked if the exit would have a "right turn only" sign. Mr. Naylor replied yes and added that it would also have an "exit only, do not enter" sign facing State Street. He commented that this site is one of the best he had worked on for circulation.

Mayor Ellertson asked where the dry-off area would be. Mr. Naylor pointed out that after vehicles go through the car wash, they turn left to reach this area. He showed where he had moved the garbage enclosure farther away from the homes. He noted that his understanding about the fence on the west side was that the ditch was a sufficient buffer to the Care Center. Mr. Dameron asked if there was a fence there now. Mr. Naylor replied no.

(Councilmember Acerson arrived at 7:35 p.m.)

Mayor Ellertson expressed a concern about access conflicts on 600 North and the possibility of traffic queuing to enter the site from 600 North not being able to clear State Street. Mr. Naylor replied that the traffic engineer feels that the queuing distance within the site will clear the stack. He pointed out that there is a wide entry with two lanes in and only one out. Mayor Ellertson suggested that it may be prudent to consider an alternate plan if there is a future problem. He asked for suggestions from the Council. Councilmember Carpenter wondered if a mirror image of the site would be more task-oriented. He pointed out that the typical customer would get the wash first and then the detail, but the detail bays are before the wash so customers will have to loop around the site twice. Mr. Naylor agreed and commented that he had designed the site to operate in a counterclockwise fashion, but that the detail bays would be pull in and then back out.

Councilmember Bath asked if the Lindon Care Center had been given notice of the proposed development. Mr. Smith replied that no notice is required. Councilmember Bath asked about the depth of the ditch. Mr. Naylor replied that it is about six-feet deep.

Mr. Naylor presented the elevations of the building. He pointed out that the building is not rectilinear, but has varying depths and a vertical element–a thirty-foot tower. He showed pictures and explained the exterior treatments of the building, such as earth-tone colored stone and stucco with a darker roof. He expressed the opinion that the arched window would not complement this design, but asked the Council's opinion. Mayor Ellertson asked how many windows are in the cupola. Mr. Naylor replied three; one window is placed on each side facing away from the roof.

Councilmember Carpenter asked about water use for the facility. Mr. Naylor commented that this facility will have the ability to recycle water, and explained the system to the Council. Councilmember Carpenter asked if the water use for the facility is taken into account when requiring the submittal of water shares. Mayor Ellertson commented that the share requirement is based on estimates of use. Mr. Naylor replied that the engineer used a similar car wash to prepare this estimate. Councilmember Carpenter asked if the City has the ability to require more after the fact if the submittal is found to not be sufficient. Mr. Dameron replied no, but that the City will bill the business for the water use. Mayor Ellertson confirmed that the share requirement is based on a similar history of use. This was verified.

The Council returned to the window issue. The Council referred to Commissioner Simister, present in the audience, for the reasons the Planning Commission recommended an arched window. She replied that the Planning Commission felt that this is a repeating design element that defines the Lindon atmosphere. The design elements that define Lindon were discussed. Councilmember Carpenter commented that this subject had been discussed at the Council Retreat on Saturday and it was decided that multiple design elements are possible and that some may be chosen from a list of options.

Councilmember Bayless expressed the opinion that she was more concerned with the west side on the care center property line. Commissioner Simister commented that she was familiar with the care center. She noted that this is a large ditch and that the recreation areas outside of the care center are fenced to protect children, visitors and residents. Councilmember Bath commented that the care center seems to have addressed the buffer issue, but that it would be a courtesy to talk to them.

Councilmember Bayless commented that a decision needs to be made on the window. Commissioner Carpenter observed that it would tie the building into the Lindon designs. Councilmember Hatch suggested that the cupola itself does that. Councilmember Acerson commented that the discussion had been to have multiple elements. Councilmember Bath expressed the opinion that although he does like the arched window as a repeating element, in this case, the cupola and white fence are sufficient. Councilmember Acerson agreed, and noted that the Council should work quickly to create the criteria for future projects. The Council agreed.

Councilmember Bath asked if the type of masonry fence has been decided. Mr. Naylor replied yes and that it would be a six-foot precast concrete fence. There was a short discussion of another precast concrete fence in Lindon. Mayor Ellertson asked if the business owners would be agreeable to the proposal to have the City deed the property vacated by the realignment of 600 North and retain utility easements. Mr. Naylor replied yes. Mayor Ellertson asked Mr. Naylor and Mr. Erickson to consider his traffic concerns on the corner of 600 North and State Street and commit to working together to resolve any future issues.

COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY DEAN ERICKSON FOR APPROVAL FOR A FULL-SERVICE CAR WASH AT 600 NORTH STATE STREET IN THE GENERAL COMMERCIAL ZONE WITH THE FOLLOWING CONDITIONS:
1. THAT A MASONRY FENCE BE CONSTRUCTED ON THE EAST AND NORTH BOUNDARIES, AND SUGGEST THAT THE APPLICANT COORDINATE FENCING WITH THE PROPERTY OWNER TO THE EAST BOUNDARY ADJACENT TO THE HOUSE FOR SALE.
2. THAT THE REMAINDER PARCEL LEFT BY THE REALIGNMENT OF 600 NORTH BE DEEDED TO THE APPLICANTS AND INCORPORATED INTO THEIR SITE. UTILITY EASEMENTS SHOULD BE MAINTAINED WHERE NECESSARY.
3. THAT THE GARBAGE ENCLOSURE BE MOVED AWAY FROM THE NEIGHBORING HOMES AS PRESENTED.
4. THAT THE FENCING FOR THE WEST SIDE BE COORDINATED WITH THE LINDON CARE CENTER, AND
5. THAT SHOULD THE ENTRY AND EXIT BECOME A PROBLEM IN THE FUTURE, THE CITY AND BUSINESS OWNERS COMMIT TO WORK TOGETHER TO RESOLVE THE PROBLEMS.
COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER BAYLESS MOVED TO POSTPONE CONVENING THE REDEVELOPMENT AGENCY AND MOVE TO ITEM TWO ON THE AGENDA. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Presentation - Utah Walks. This presentation will be given by Ashley Williams. She will discuss a program with the Council which encourages all citizens to participate in an exercise program through walking and the beneficial health aspects of the exercise.

Mayor Ellertson welcomed Boy Scout Troop 80 to the City Council meeting and encouraged the involvement of Scouts and their families in the Utah Walks program. Councilmember Bayless asked if the miles walked can be added retroactively. She was told a qualified yes.

Ms. Ashley Williams introduced herself as a student at BYU serving an internship at IHC Hospitals Public Affairs Department promoting Utah Walks. She informed the Council that the goal is to walk to Mars–34 million miles away. She noted that this distance is now at the closest it will be in our lifetime. She is presenting the Utah Walks program to communities, schools, and other groups. She commented that this is a great project for Scouts. She reported that the program revolves around the website, which is used to track progress of the individuals and groups. She brought up the website and asked the audience what benefits walking brings to our lives. One of the Scouts replied that it is exercise. She agreed that exercise helps us to stay healthy. She asked why walking is a good form of exercise. She explained that walking is a great way to start an exercise program that is low impact, but high benefit.

Ms. Williams demonstrated how to register on the website, how to keep records of the miles walked, and how to challenge other groups. She promoted the purchase of pedometers for a reduced price. (Order from ashley.williams@ihc.com) She encouraged the Council to form a group and challenge Orem and Provo City Councils. Mayor Ellertson thanked Ms. Williams for coming and encouraged Lindon residents to get involved.

PROCLAMATION - "ChildSafe Month" - March 2004. This program seeks to help prevent firearm injuries and deaths through education and awareness and by promoting the use of firearm locking devices.

Captain Cody Cullimore reported that he had become involved in Project ChildSafe and had received a grant to promote gun safety. He observed that Lindon and Pleasant Grove had some gun issues recently that resulted in two suicides, a homicide, armed robberies, and a gun in school. He has 5,000 gun locks to distribute free to residents of Lindon and Pleasant Grove and will be offering gun education to groups. The Council discussed gun safety, the gun locks, and the proposed proclamation. Some minor wording changes were made. Mr. Dameron invited the Council and audience to the Mayor's Open House on March 11 at 7:00 p.m. for a presentation on gun safety by Captain Cullimore.

COUNCILMEMBER BAYLESS MOVED TO PROCLAIM THE MONTH OF MARCH AS "CHILDSAFE MONTH" AND AUTHORIZE THE MAYOR TO SIGN THE PROCLAMATION ON BEHALF OF LINDON CITY. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Adjourn City Council Meeting
Convene Redevelopment Agency to Consider a New Car Dealership

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL AND CONVENE THE REDEVELOPMENT AGENCY AT 8:29 P.M. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Re-Convene the City Council Meeting

BOARDMEMBER HATCH MOVED TO ADJOURN THE REDEVELOPMENT AGENCY AND RECONVENE THE CITY COUNCIL MEETING AT 8:34 P.M. BOARDMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Review and Action - Interlocal Agreement (Orem/Lindon Sewer Services). This agreement is an update/renewal of the 1977 agreement between Orem and Lindon for sewer services. The Mayor and staff have been negotiating with Orem officials for over a year to arrive at the document that the Council will consider for approval tonight.

Mr. Dameron reported that this agreement is the result of a year's worth of negotiation on the part of himself, Mayor Ellertson, City Engineer Dave Thurgood and Public Works Director Don Peterson. Mayor Ellertson agreed and noted that the negotiation has not been controversial, but a long process of gathering information. Councilmember Hatch asked if the annual adjustment on page six is made after the City budget is set. Mr. Dameron replied that the estimated amount is known before the budget completion and that a reconciliation is tendered later. He noted that this is the procedure that has been followed for several years and seems to be a good process.

Mayor Ellertson commented that most of the discussion on this agreement centered on estimates of a future build out. He noted that this agreement assumes that drastic changes in zoning will not be made. Mr. Dameron explained that an addition to the treatment plant will be needed in the near future, and they have been trying to estimate the use of the cities that use the plant–Orem, Vineyard and Lindon. Mayor Ellertson commented that what happens to the Geneva land may make a difference, but that will not impact Lindon. He asked if there were other questions.

Councilmember Carpenter asked about the volume allocations on page three. He asked if these volumes were maximum volumes. Mayor Ellertson replied that Lindon is slip-lining sewer lines to reduce the flow, but presently Lindon's per capita volumes are higher than Orem's. He suggested that the size of the families might explain some of this. Councilmember Carpenter commented that the communities might have problems with handling volumes if construction of the addition is slow. Mr. Dameron explained that the plan is to start the building process when the capacity is at eighty-five percent. He noted that this is part of the agreement. Councilmember Carpenter observed that the challenge in the meantime is to make sure that nothing goes into the sanitary system that should go in the storm system. Councilmember Hatch asked if Lindon residents are paying twice for the addition to the sewer plant–once in the base rate and again in the use rate. Mr. Dameron explained that Lindon's sewer rate has capital figured in for the collection system, not for the treatment system. The treatment system is figured in the base rate. He noted that the agreement also provides for a review Board comprised of city council members from each city. He observed that Orem is also reviewing the agreement in their meeting tonight.

COUNCILMEMBER HATCH MOVED TO APPROVE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF OREM AND LINDON CITY FOR SEWER SERVICES AND AUTHORIZED THE MAYOR TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Review and Action - Interlocal Agreement (Utah County/Lindon Storm Water Services). This agreement outlines a cooperative effort between Utah County and most of the cities within the County to address the public education and outreach best management practices for the EPA program entitled "Storm Water - Phase II." The Council will consider approving this agreement tonight.

Mayor Ellertson informed the Council that this agreement primarily deals with the education requirement of Storm Water Phase II regulations. Councilmember Bayless commented that it makes sense to band together and reduce costs overall. Councilmember Bath agreed. The amounts in the annual fee schedule are based on population. Mayor Ellertson commented Lindon can expect a good return on their investment.

COUNCILMEMBER BATH MOVED TO APPROVE THE INTERLOCAL AGREEMENT BETWEEN PROVO, OREM, PLEASANT GROVE, AMERICAN FORK, SPRINGVILLE, SPANISH FORK, LEHI, PAYSON, UTAH COUNTY, LINDON, HIGHLAND, ALPINE, MAPLETON, SALEM AND CEDAR HILLS FOR NPDES PHASE II STORM WATER PUBLIC EDUCATION AND OUTREACH BEST MANAGEMENT PRACTICE COMPLIANCE AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCIL REPORTS:

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch reported that the Total Health Institute has a sale or lease sign on the building. He reported that the landfill is adjusting some of the operations to reduce costs, such as changing the shifts of employees and eliminating positions. They are also changing the price structure on loads of sheetrock. He reported that he had attended meetings for two water companies also. The Provo Reservoir shares are now selling for $17,500. The other water company meeting that he attended is the Provo River Water Users Association. He discussed water shortages with the Council and plans for covering the Murdock Canal. Estimates for allocations this year are as low as 21%. He reported that the snow pack for the Uinta Range is much lower than the Wasatch Range. He asked if the Pleasant Grove/Lindon Metropolitan Water Company is still valid. Mr. Dameron replied that the stock shares had been divided and the company was no longer active.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless reminded the Council of the Historic Preservation Committee's 80- year celebration for March 16 before the Council Meeting. She asked about progress on the cemetery project with Nadine Gibb and reminded the Council to fill out their surveys from the Retreat. She also asked about a plan to implement the initiatives talked about at the Retreat.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
Councilmember Bath had no report for tonight.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported on progress with finding a chairperson for the Lindon Days event. He also asked if Lindon City would cosponsor a community event with the Character Connection where the host will talk about drug abuse. Possible dates were discussed. He noted that the Annual Easter Egg Hunt will be held on April 9 and asked about allowing sponsors to distribute coupons, put up banners, and provide entertainment. His question was favorably received and he was referred to the Parks Superintendent for coordination.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter had no report for tonight.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Asked for requests from the Project Tracking List. There were none.
2. Informed the Council that Lorrin Smith is the new Assistant Court Clerk and Sherrie Laidler is the new Utility Clerk. He noted that there had been 104 applications for the utility clerk job and that ten interviews had been performed.
3. Asked which Councilmembers were planning to attend the Utah League conference in St. George on April 14, 15, and 16. The Councilmembers confirmed their reservations.
4. Reminded the Council to set up dates with Ms. Gubler for the next round of business visits.
5. Presented an invitation from the Provo Angels. The Council discussed the possibilities and suggested further research.
6. Reminded the Council of the Open House on March 11 to promote Child Safety.
7. Reported on the passage of an amended SB66 at the Utah Legislature. There was a short discussion.

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

ADJOURN

COUNCILMEMBER ACERSON MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 9:28 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - March 16, 2004

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