The Lindon City Council held a regularly scheduled meeting beginning with a Birthday Party for Lindon City at 6:00 p.m. on Tuesday, March 16, 2004 in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

BIRTHDAY PARTY - 6:00 p.m.

The Lindon City Council and the Lindon City Historical Preservation Committee will host a "Birthday Party" for the City. The City was created 80 years ago this month. All citizens have been invited to attend.

Mayor Ellertson, members of the Historic Preservation Committee, and staff welcomed the residents to celebrate Lindon City's 80th Birthday with them. There were reminiscences from the residents of Lindon, recognition of those 80 and older and those who have lived in Lindon the longest, and stories of days gone by. Residents were given door prizes and cake. There were about 100 residents in attendance, including seventeen that were 80 years old or older. These were Maxine Davis, Lorna Walker, Audra Hooley, Owen Hooley, Helen Walker, Marge Walker, Iva Walker, Lamar Scott, Vergia Scott, Ted Clegg, Elma Clegg, Harold Erickson, Elvie Erickson, Vera Cluff, Velma Gillman, Kenneth Gillman, and June Cullimore. Pictures were taken for the newspaper.

REGULAR SESSION - 7:30 p.m.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Bryce Moss, Troop 874
Invocation: Bruce Carpenter

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember (arrived at 7:46 p.m.)
H. Toby Bath, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

Lindsey Bayless, Councilmember

The meeting began at 7:34 p.m.

MINUTES
The minutes of the regular meeting of March 2, 2004 will be reviewed.

The minutes of the regular meeting of March 2, 2004 were reviewed. The following corrections were made:
Page 2, Line 42, 43: Add the phrase "which is an example of a legislative process" to the end of the sentence after the word "year,"
Page 3, Line 17: Add the phrase "without due process" at the end of the sentence after the word "meeting."
Page 7, Line 18,19: Add the words "queuing to enter" after the word "traffic." Delete the word "entering." Add the words "from 600 North" after the word "site." Replace the word "clearing" with the words " being able to clear."
Page 11, Line 4: Replace the words "will only work if" with the words "assumes that."
Page 11, Line 5: Replace the word "are" with the word "will."
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF MARCH 2, 2004 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens Comments

Mayor Ellertson commented that there is a "hero among us." He asked Captain Cullimore to introduce this person who has literally saved someone's life. Captain Cullimore introduced Dennis Thomas to the audience and explained that he was is a citizen of Lindon who had gone beyond the call of duty. He told the audience that Mr. Thomas performed the Heimlich maneuver for a man who was choking and had turned blue at the Wendy's on North State Street. He observed that he then quietly left the scene and had to be found to recognize his efforts. He noted that Mr. Thomas had members of this family with him tonight. Mr. Thomas introduced his wife, Emily, his two children, his mother, father, sister, mother-in-law and father-in-law to the audience. Captain Cullimore commended Mr. Thomas as "an example to us all." There was applause and Mayor Ellertson and Captain Cullimore shook Mr. Thomas's hand. Mayor Ellertson presented a token of appreciation to Mr. Thomas (movie tickets and car wash tokens.) Mayor Ellertson commented that he appreciates the example of Mr. Thomas and added that actions such as his are what make a community great. He observed that Mr. Thomas didn't have to get involved, but he recognized a need and did something about it. He expressed his thanks to Mr. Thomas.

Mayor Ellertson asked if there were any citizens present that wished to address the Council. Mr. Ross Childs and his wife Charmaine, of 388 West 600 North, told the Council that they had attended the Planning Commission meeting last week and were advised to address the Council about their concern. He explained that their home on 600 North is halfway within Commercial zoning and half within Residential zoning. They have been trying to sell the home and would like to rezone the parcel to be completely commercial. He explained that they have not been able to sell the home as a residential property because of the offices across the street and the other commercial development planned for the area. He reported that the Planning Commission had advised them to contact the other owners on the street to determine their wishes and plans so that a zone change would not adversely affect them. He commented that he had contacted most of the property owners on this section of 600 North and most were in favor of a zone change. Mayor Ellertson commented that there was a formal process to changing the zone. Mr. Childs agreed and noted that his intent was just to make the Council aware of his intentions.

(Councilmember Acerson arrived at 7:46 p.m.)

Mr. Melvin Olsen of 1237 East 50 North, told the Council that he had purchased a five-acre parcel on Teton Drive and 1200 East about two years ago to build a park for his twelve children and thirty-four grandchildren. His plan is to start with planting trees. He informed the Council that he checked with the Planning Department about his plans and was told that his parcel is subject to the Hillside Ordinance and a grading and revegetation plan needed to be submitted. After considerable engineering expense, he found that he was not subject to the Hillside Ordinance. He asked for a water meter to get initial water to establish his seedling trees and was told that he needed to turn in water rights to the City. He found that finding surface water rights is hard, but that well rights are readily available. He also found that the State Division of Water Rights requires less water per acre than Lindon City. He has now acquired a well and water rights for his parcel. He was given an access easement from the seller (Canberra Development) to cross City-owned land adjacent to his parcel. The forest service installed a gate, but he was not given a key. He asked for a key and was referred back and forth between the Forest Service and Lindon City before he was finally given a key.

Mr. Olsen told the Council that he was invited to come to DRC to discuss his plans for the parcel. He told them about his park with grass, trees, playground and bathrooms. He was told that he could pay the impact fees to connect to the sewer system. He asked for temporary water for his trees and was given permission. He was asked his long term plans and told the Committee that he may build a house in the future. He was told that the fire marshal is concerned about the distance to the hydrant. He pointed out that there are many homes in Lindon farther from a hydrant than he is. The DRC asked about the possibility of the City purchasing the land where the water lines run to connect to the water tank above him and giving up his access across city land on the north side. He had declined because he would need a new road for access.

Mr. Olsen informed the Council that he applied for a building permit in February for his park pavilion and was told that he needed to submit water rights for fire protection and to meet the requirements for subdivision development. He explained that he has not found a requirement in the City Code for water submittals for fire protection– just for irrigation. He said that he was here to ask what he has to do to build a park. He observed that he had read in the Code that he can request a relief provision on water. He would like to ask for relief because he has a well and water rights that are sufficient for his own irrigation. He would also ask permission to use the City's fire protection system. He asserted that he is a good citizen and that the Council does not need to protect the citizens of Lindon from his actions. Mayor Ellertson replied that he would like to review Mr. Olsen's allegations and requested time to get back to him. Mr. Olsen observed that it had been a "long road" and he would like to get these issues resolved.

Ms. Kara Pittman of 94 North 1200 East, asked the Council if they had made a decision about letting her purchase a parcel of City property adjacent to her home for her horses. The Council discussed their remembrances of their discussion, as it had been some time since the request. It was decided that the issue needed to be revisited to refresh memories and come to a concrete decision. Mayor Ellertson noted that no official action had been taken yet in any case. Ms. Pittman asked for expeditiousness as she would like to construct this spring. She was assured that the Council would let her know. Mayor Ellertson asked if there was any other comment. There was none.

MAYOR'S COMMENTS/REPORT

Mayor Ellertson announced that earlier this evening Lindon had celebrated its 80th birthday with a number of citizens. He reported that as many as fifteen to twenty citizens 80 years old or older had attended and commented that these citizens had contributed much hard work into the early beginnings of Lindon. He asked if there were questions.

Councilmember Acerson asked for an update on UTOPIA. Mayor Ellertson explained that UTOPIA is a project which will bring broadband capabilities to Lindon in the form of a fiber optic network. He noted that Lindon City has been working on this project for about a year. The project was started at the request of a number of residents. Lindon has joined with seventeen other cities to collectively build an infrastructure that would allow for multiple competing providers to serve the citizens. He noted that the Utah Legislature had proposed some legislation that would limit and possibly preclude UTOPIA'a bonding capabilities, but the version that passed will allow those cities that have declared their intentions and taken action to participate to continue to do so. Councilmember Carpenter asked about Lindon's declaration of participation. Mayor Ellertson replied that Lindon had done so when they agreed to back the bonding and that another opportunity to demonstrate support will come when the financial plan is presented to the City in a later meeting. He asked if there were other questions. There were none.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Public Hearing - Zoning Ordinance Amendment - Nonconforming Buildings and Uses. The City Council will hear public comment and possibly act to approve a proposed ordinance revision and amendment to Chapter 17.16 - Nonconforming Buildings and Uses of the Lindon City Code. The Planning Commission recommended approval.

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

Mr. Smith distributed a copy of the current ordinance for comparison purposes. He observed that the current ordinance could be interpreted as dealing mostly with nonconforming structures and is not clear on dealing with nonconforming uses. The Planning Commission had suggested a revision when struggling with the issues surrounding the recent Utah Auto Sales expansion. He pointed out the significant changes in the ordinance, including the addition of a purpose, intent and definition section and the clarification of Section 17.16.030.

Councilmember Carpenter commented that the Planning Commission had been reluctant to approve an expansion of a nonconforming use, but felt that without a clarification of the ordinance, there was no clear requirement for denial. They had requested that their discomfort be put in writing. He also noted that the Planning Commission had spent some time discussing the meaning of the word "harmony" as it is used in this section and had decided that "harmony" means it is consistent with the zone. Mr. Smith agreed and cited an example in the commercial zone. Mr. Dameron suggested that the word "harmony" allows for flexibility in the application of the ordinance. Mr. Smith agreed, and noted that the second finding in this section gives the protection element. Mayor Ellertson questioned whether the section causes confusion with a contradiction of terms–not imposing an unreasonable burden and yet does not violate the development policies. He pointed out that if the use is nonconforming, it could be at odds with the policies. Mr. Smith explained that the development policies are contained in the General Plan and are very general in nature. Mayor Ellertson confirmed that Mr. Smith does not see any problems in the administration of the ordinance. Mr. Smith replied no.

Councilmember Carpenter suggested that the flexibility gives the Planning Commission and Council a certain amount of "clout" in interpretation. He suggested that they discuss the "loss of nonconforming status" section. He asked if this section only covers loss of use and whether there was any way to lose the use of a structure. Mr. Smith replied no. The Council discussed the change in loss of use that is proposed to change from one year to six months and its ramifications. Determining when a use is "abandoned" was discussed. Mayor Ellertson suggested that the other side of this issue is a business that goes out of business and wants to sell the building. He suggested that a restaurant has a lot of specialized equipment and may require expensive retrofitting to another use if it is not sold within the six month limit. Mr. Smith suggested the addition of a clause that would allow a hearing for extension. He noted also that a business license can be maintained even if the business is closed for a period of time.

Councilmember Carpenter observed that the purpose of the nonconforming use ordinance is to gradually phase out these nonconforming uses. He suggested a time limit on the "grandfather" clause. He noted that the purpose of the "grandfather" clause is to allow an owner to recoup their investment from the property, but that the goal is to remove these nonconforming uses. Mayor Ellertson clarified that it is his intent to "encourage them to discontinue." Councilmember Carpenter agreed and noted that other ordinances have a time limit. Mayor Ellertson asked Mr. Smith if there was a lot of nonconforming uses that continue for indefinite periods. Mr. Smith replied yes and then observed that there are nonconforming uses in all zones and some that are assets to the community. He noted that there are some nonconforming uses that improve and enhance their use within the zone and others that detract and aggravate their neighbors. Councilmember Bath expressed the opinion that trying to push out certain uses may creates a discriminatory situation. The Council discussed hypothetical situations for various businesses in Lindon. Councilmember Carpenter suggested that if the nonconforming use ordinance does not have a time limit, it does not have clout. He felt that waiting for people to fail their businesses is not a good business model.

Mr. Dameron clarified that Councilmember Carpenter is suggesting an amortization clause that gives a nonconforming business a time limit to conform or leave. Mayor Ellertson asked what happens if a business is doing major modifications to the building. Councilmember Acerson replied that the approach is that during their modifications, they include elements to bring the building into conforming status. The Council discussed nonconforming businesses that are gaining value without giving back to the community in the form of visual enhancement.

Mayor Ellertson asked about section 040 which allows an alteration or enlargement of a nonconforming use when they supplement their parking to meet the required needs. Mr. Smith noted that this allows a business to be creative to supply their parking needs. Mayor Ellertson asked if there are other regulations that should be addressed in section 050 on reconstruction of a damaged building. Mr. Smith replied that this section allows reconstruction, but moves the use toward compliance by meeting the current setbacks and building height regulations.

Mayor Ellertson returned the discussion to the loss of legal nonconforming status section. He expressed concern that the City may create a loss situation. Mr. Smith suggested that the loss of nonconforming use status will expire unless the owner can give a legitimate reason for its extension. The Council discussed noticing and disclosure of this possibility to nonconforming uses. It was decided that a general disclosure on the business license application may be sufficient. There was further discussion on the determination of nonconforming status, and noticing distances on intent to expand, modify or amend a nonconforming use.

Mayor Ellertson asked if there were other comments or suggestions. It was decided to make the changes and bring it back for further review. There was a question from Harlow Clark, newspaper representative, on whether nonconforming buildings are allowed to rebuild after a fire or other major distaster. He was assured that the ordinance allows rebuilding.

COUNCILMEMBER CARPENTER MOVED TO CONTINUE THE REQUEST TO REVISE AND AMEND CHAPTER 17.16. NONCONFORMING BUILDINGS AND USES, OF THE LINDON CITY CODE. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Review and Action - Westside Master Plan Values Survey. The Planning Staff has revised the survey instrument which has been designed to obtain the opinions of the Mayor, City Council members and Planning Commission members concerning the proposed Westside Master Plan. The survey will be completed by the Mayor and each Council member during the allotted time.

Mr. Smith distributed the amended survey, explained the rankings and encouraged the Council to make comments. The survey was completed. There was a short discussion and demonstration of various trail surfacing options.

COUNCIL REPORTS:

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch reported that the annual resolution for the Housing Consortium was due. He noted that he has an example. The Council discussed the allocation of funds for the coming year. Progress on the Hollow Park home was reported on. Councilmember Hatch reported that the North Union Canal Company is predicting an 80% allotment, but that the Provo River Water Users are predicting a 20% allotment. He also reported that the board voted on the animal control shelter location. The proposed location was identified on a map and the project discussed.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
Councilmember Bayless was excused.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
Councilmember Bath reported that ATEC, the Alpine Transition and Employment Center, had requested some clean up on the sidewalks near their facility. He also commented that Captain Cullimore had requested a key to the forest service gate for enforcement purposes. He noted that the process will start on the safety department budget next week.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWLETTER
Councilmember Acerson thanked the Public Works Department for their diligent efforts to keep the streets in good repair. Councilmember Hatch noted the existence of a pothole on 400 West. Councilmember Acerson reported that he hoped to have a commitment for Lindon Days Chair by the end of the week. He asked Mayor Ellertson about a date for a drug awareness seminar sponsored jointly by the City, Character Connection, and the ecclesiastical community. This date was confirmed as April 29, 2004.

GENERAL PLAN, STREETS AND SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter reported that he had visited with Public Works Director Don Peterson about the staff position he had requested at the Retreat. He also asked about a citizen request for help with a water bill. Mr. Dameron explained how the misunderstanding had occurred and assured him that the issue was being addressed fairly. Councilmember Carpenter reminded the Council about UDOT requesting a master plan decision for the 200 South Freeway overpass. Mr. Dameron replied that the route is designated as a major collector on the Lindon City General Plan and that the engineers have assured him that the width is adequate. The Council discussed this designation and this street's eventual width.

ADMINISTRATOR'S REPORT
Mr. Dameron:
1. Reminded the Council about the joint City Council and Planning Commission executive session the next night at 7:00 p.m.
2. Announced the Engineering Coordination meeting for Thursday, March 18th at 8a.m. Councilmembers Acerson and Carpenter volunteered to attend.
3. Noted the Lindon/Pleasant Grove Coordination meeting is set for April 5 at 4:45 p.m. at the Pleasant Grove Community Development Building. Councilmembers Bath and Acerson volunteered to attend.
4. Asked for hearing requests from the most recent Project Tracking List. There were none.
5. Reported that the Lindon Planning Interns had visited Vineyard to discuss plans for the TimpLake Trail. They returned with a positive report that Vineyard was cooperative.
6. Commented that the Mountainview Corridor Workshop will be March 22 at 8:00 p.m. in the UDOT Region #3 offices. Councilmember Acerson, Mayor Ellertson, Mr. Dameron, Mr. Smith, Mr. Thurgood and Mr. Peterson will attend.
7. Requested a meeting date for the Budget Committee. Wednesday, March 24, at 4:30 p.m. was decided on.
8. Reported on the status of the traffic studies that were requested by the City Council. The Lindon Elementary study is being held up temporarily because the school has not tendered the school routing plan. The 200 East study has been hampered by the inadvertent removal of the counting hoses by the snow plow. The engineer estimates that this information will be available by the April 6 meeting.

There was further discussion on trail surface options.

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

ADJOURN

COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:17 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - April 6, 2004

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