The Lindon City Council held a regularly scheduled meeting on Tuesday, May 18, 2004 beginning with a Work Session at 6:00 p.m. in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor

PRESENT

Larry A. Ellertson, Mayor
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Don Peterson, Public Work Director
Kristen Colson, Finance Director
Dave Thurgood, City Engineer
Venla Gubler, Administrative Clerk

ABSENT

Jeff Acerson, Councilmember
H. Toby Bath, 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 6:12 p.m. Finance Director, Kristen Colson, directed the Council's attention to the Possible Budget Issues list. She noted that the first item on the list is the Storm Water Maintenance Technician position. She observed that this position is requested by the Public Work Director to implement and manage the new regulations of the EPA mandated Storm Water Phase II requirements. Councilmember Carpenter asked about the duties of the new position. He was directed to the list attached to the issues list. Ms. Colson added that the duties in the Public Works Department are shuffled as needed to meet the specific needs of the City and that presently the other departments are meeting the minimal requirements of the position.

Public Works Director Don Peterson agreed that the other departments are doing the best they can to fill in, but that there has been little or no maintenance on the storm drain lines themselves because of a lack of manpower and time. He added that there has been some work this spring on correcting old issues. He explained that some maintenance and upgrades have been performed in the industrial area of Lindon. Councilmember Bayless commented that there are many new responsibilities that need to be implemented for Phase II. Mr. Peterson agreed and explained the new best management practices that Lindon has committed to do, but that cannot be done without more manpower. He commented that the equipment needs for the new position can be met for the present because the equipment can be shared with the other departments. Additional equipment needs will need to be planned for in future budgets.

Councilmember Bayless suggested that the equipment needs for the Public Works Department be addressed at this time. Mr. Peterson noted that this issue is the reason he had been invited to this meeting. He directed attention to the list of vehicles. Councilmember Bayless asked which vehicle was intended for the use of the Storm Water technician. Mr. Dameron suggested that Mr. Peterson also address his recommendations for which vehicles to sell, trade-in, and/or replace.

Mr. Peterson reported that there are several old trucks still being used in the Public Works Department and that their use is not limited to a specific department. He referred to a 1993 half-ton truck that might be used temporarily for the technician position and then offered as surplus at the end of the summer. He noted that there is a one ton truck that can be used for hauling materials also. He noted that there is a 1992 pick up that can also be used for a few more years with basic maintenance. The main drawback to this truck is that it is geared quite high and the clutch needs work. It may be best to replace it with a 3/4 ton truck. There is an extended cab 1997 truck that is being used as the on-call duty truck that might be replaced with something more suitable while it still has some value. He suggested that more trucks are needed during the summer and are not as necessary in the winter. He proposed to place a 1989 Dodge Dakota with maintenance issues on the surplus list. He informed the Council that a 1995 water truck has been a maintenance drain since it was purchased. He would like to trade this truck in and replace it with a 3/4 ton truck with utility bins.

Mayor Ellertson commented that the trucks do not retain as much value when they are traded in as when they are sold. This was discussed. Councilmember Bayless asked if the specialized bins would make resale easier. Mr. Peterson replied that a contractor might want this type of truck. He added that the City gets approached every year for the snow plow trucks, which is another of the specialized trucks. Mayor Ellertson asked if these contractors are willing to do the maintenance. Mr. Peterson replied that most of the contractors that have approached the City have full-time mechanics. He noted that the city hires out maintenance of city vehicles so the expense is higher. He added that the City also cannot afford the breakdowns and explained that when a winter storm strikes or a water line breaks, the trucks have to be ready to go immediately. Mayor Ellertson asked if the ten-wheel trucks were used for snow plows. Mr. Peterson explained that six-tire "bob-tails" were used because they are more maneuverable.

Mayor Ellertson asked if the City buys vehicles through the State Pool. Mr. Peterson replied yes and added that this is the reason the City uses Dodges–the State has a contract with a Dodge dealer. Mr. Dameron commented that he would like to implement a vehicle replacement program that would replace vehicles that approach 80,000 miles. Mr. Peterson agreed and noted that the funds for such a program have not been in the budget in the past and that many of the vehicles are in need of replacement, especially with no replacements being done last year. Mayor Ellertson suggested that a priority replacement list of the trucks would be helpful.

Ms. Colson directed attention back to the storm water position. She informed the Council that the impact of this position on the budget is about $46,850 and that this amount has been included in this draft. She noted that the next issue is the Assistant Treasurer position. She observed that this position is not a new one, but has been unfilled since the previous finance director retired. The City has continued to grow and the position needs to be filled to help alleviate pressure on both the Finance Director's position and the Administrative Clerk's position. She directed attention to the list of proposed duties. Councilmember Bayless asked what the assistant treasurer's duties were before it went unfilled. Ms. Colson replied that the position was not doing as much then as is proposed now. Councilmember Carpenter asked if the funding for this position can be found in the administration budget. Ms. Colson replied yes and a discussion on the figures ensued. Mayor Ellertson asked what range and step is proposed for the position. Ms. Colson replied Range 16, Step 1. Mayor Ellertson suggested that a lower starting range may fall more within the market. The Council discussed salary options.

Mr. Peterson asked to be excused to meet another engagement. He asked if the Council had any more questions for him. There were none. He commented that one thing he would like to mention is that there is only one person in the parks department since the parks superintendent retired and the promotion of the remaining member. He noted that summer help fills in, but additional help is needed. The landscaping of the 700 North and the freeway interchange were discussed.

Mayor Ellertson asked if the Council had any other questions for Mr. Peterson. There were none. Mr. Dameron suggested that the rest of Ms. Colson's presentation be postponed as the time was running out. He asked the Council to review the information given by Ms. Colson and address any questions to Mr. Dameron or Ms. Colson. Mr. Dameron asked if the Budget Committee would like to meet again to establish some priorities for the budget. The date of May 21, 2004 was set. Mr. Dameron suggested that City Engineer Dave Thurgood be given the remaining time for his presentation.

Mr. Thurgood presented a spreadsheet that details the volumes of water used in the Lindon City culinary and secondary systems. He explained that this spreadsheet tracks the amounts of water delivered into the system over the previous year. He pointed out that it shows an increase in 2003 of seven percent. He presented another table that details the metered sales from the utility billing. This table shows a decrease of just under six percent. He noted that it shows a decrease in all user classes: residential, commercial, industrial, etc. He suggested that this decrease may attributed to conservation, but when looking at a comparison on the amount of water delivered and the water sold, there is an unaccounted discrepancy of 23.9 percent.

Mr. Thurgood commented that one suspect is the accuracy of the meters and a program of meter testing is recommended. He explained the testing program. He commented that the City is losing revenues on the unaccounted water, but that a rate change should not be based on this basis. He displayed a rate comparison next that details the expenditures on the components of the water system. He noted that this also shows a loss on the secondary system for both 2002 and 2003. The net revenues do not meet the expenses. He commented that Staff has discussed the issues identified by this study. All the water is accounted for out of the culinary system. All the water is metered, but the usage is not being billed. He observed that he would like to take a look at the figures for the end of 2004 and reevaluate the situation after the end of the fiscal year.

Mr. Dameron observed that Mr. Thurgood has done a thorough and detailed analysis of the water system. He commented that Staff recommends that the results of the meter testing program and the full year-end results be added to the analysis before a rate change is recommended. Councilmember Bayless asked if Mr. Dameron was suggesting that the budget be reopened in the fall. Mr. Dameron agreed and noted that all the information would be available in September 2004. Mayor Ellertson thanked Mr. Dameron and Mr. Thurgood for the notice on the challenges to be addressed.

(Councilmember Bayless was excused at 7:06 p.m.)

Mayor Ellertson apologized for the present lack of a quorum to continue the business of the meeting. He noted that the meeting would continue with the items that did not require a vote.

REGULAR SESSION - 7:00 p.m.

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

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember (arrived at 7:42 p.m.)
Lindsey Bayless, Councilmember (arrived at 8:20 p.m.)
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

H. Toby Bath, Councilmember

The meeting began at 7:07 p.m.

PRESENTATIONS

1. The Elementary School Teachers who received education grants from the City have been invited to report to the Council on the use of the funds.

Mayor Ellertson asked if there were any teachers present who had received grants from the City. There was one teacher present who had a presentations for two teachers. Mayor Ellertson asked how may grants had been given this year. Mr. Dameron replied three. Mayor Ellertson asked the teacher present to come to the front.

Ms. Linda Gordon informed the Council that Ms. Carlene Brown was sick. She is the movement and fitness teacher for the first through third graders at Lindon Elementary. She used her grant to buy flags and a book for her program. Ms. Gordon reported that she had used her grant to buy a listening center and Newberry Award books on tapes. She noted that the books include comprehension questions to test her students.

Mayor Ellertson expressed thanks to Lindon's teachers spending time with our children and taking an interest in the community. He explained the City's teacher grant program. He commented that the residents have been well served by the program and the teachers who use it. There was applause. (See below)

2. Sergeant 1st Class Joseph Bowcutt and Gretchen Bowcutt will present a certificate of appreciation to the Mayor and Council for assisting military personnel from Lindon with a waiver of utility fees.

Sergeant 1st Class Joseph Bowcutt and his wife, Gretchen Bowcutt came forward. He introduced himself as a member of the #1457 Engineers of the National Guard. He informed the audience that a lot of cities in Utah County had offered their residents utility abatements. He read the inscription on the plaque and presented it to Mayor Ellertson to and received applause from the audience.

Mayor Ellertson commented that the Lindon City Council knew of a number of residents and their families that were being impacted by being deployed. He observed that Lindon City was the first city in Utah to adopt a utility abatement for military personnel called to duty in Iraq. The Lindon City Council felt that this was the right thing to do, but more important than the monetary impact is the emotional lift that is given by knowing that the people back home are offering support. He noted that all the military personnel from Lindon had now returned home. He thanked Sergeant Bowcutt.

3. The Mayor and Council will recognize Theresa McClellan for her years of service in behalf of the Little Miss Lindon program.

Mayor Ellertson observed that he now had the opportunity to recognize the efforts Theresa McClellan has given to our community. He invited her to the front and commented that Ms. McClellan has served with the Little Miss Lindon program since 1994. He noted that he appreciates her dedicated service. He commented that the Little Miss Lindon program is an asset to the community and that the girls, age 11-13, represent our community throughout the State of Utah.

Ms. McClellan observed that it has been very rewarding to work with the girls and their parents. She noted that many of the girls in this program go on to compete in the Miss Pleasant Grove program. She added that it has been rewarding to watch the girls grow in self esteem and to learn the importance of community involvement. She appreciates the support of the City and the community. She thanked the City and Mayor McMillan and his wife Colleen, who started the program in Lindon. She commented that the girls are learning that the power of one person can make a change. There was applause.

MINUTES - The minutes of the regular meeting of May 4, 2004 will be reviewed.

The review of the minutes was postponed for later when a quorum was present. (See Below)

OPEN SESSION

Roy and Larue Clemens asked about agenda items six and seven. They were informed that these items have been postponed. Mr. Dameron asked if they had any comment to offer. They told the Council that they were not in favor of a strip mall on 600 North. They added that they were willing to go ahead with the Walmart, but not any more commercial, especially with the vacant buildings in strip malls all along State Street. Mr. Dameron observed that an application for a strip mall has not been submitted, but that there will be some kind of commercial development on the south side of 600 North. They commented that Mr. Childs no longer lives in the home on the north side of 600 North.

Mr. Smith explained that the Planning Commission had looked at this application at their last meeting and had recommended a neighborhood meeting to decide the boundary of the commercial zone. He urged the Clemens to watch for notices.

It was noted that another teacher had arrived. The Council briefly returned to Presentations.

PRESENTATIONS

Ms. Holly Stansfield introduced herself as a sixth grade science teacher at Rocky Mountain Elementary. She used her grant to purchase materials to teach astronomy to her students. She showed some of the materials she had purchased. She thanked the Council for the grant and added that it makes a difference in the classroom. There was applause.

MAYOR'S COMMENTS/AGENDA

Mayor Ellertson commented that one of the issues that Utah County elected officials have been working on for the last few months is Utah Lake. One of the obstacles facing any plan for the future of the lake is resolving the issues surrounding ownership. He noted that about three-fourths of the ownership question has been resolved and the other twenty-five percent is in arbitration. He informed the audience that this may be a two-year process. He observed that the Utah Supreme Court has ruled that the bottom of the lake belongs to the State of Utah, but the question remains where the bottom of the land begins and ends.

Mayor Ellertson observed that progress is continuing on acquiring the right-of-way for 700 North to the freeway. He mentioned that he was optimistic that this will be resolved soon and the City Engineer is working on the design of the roadway.

Mr. Harlow Clark, newspaper representative, asked if construction on the Lake Trail will begin since the ownership of the Lake is nearly resolved. Mayor Ellertson replied that work will begin within areas where ownership is resolved. Mr. Clark asked if the lakeside right-of-way in Vineyard was resolved and Mayor Ellertson replied no.

Mayor Ellertson mentioned that he had attended a meeting this afternoon about Utah County working with Salt Lake, Davis and Weber Counties on transit issues. He noted that the various Chambers of Commerce have begun to be involved, however, the project is dependent on federal funding and it has been hard to get a long term commitment from the federal government.

Captain Cody Cullimore asked for time to inform the public and Council about some public safety issues. He disclosed plans for concentrated enforcement in the foothills during the first week of June and continuing for several weekends. He observed that the Utah County Sheriff will be involved also. He commented that he will report back to the Council on the effectiveness of the push.

Captain Cullimore commented that the Council and public may be aware of federal litigation on bullet proof vests. He observed that Pleasant Grove/Lindon is involved in this controversy and that they own about twenty faulty vests. He reported that the Public Safety Department has received notice of a grant that will fund fifty percent of the replacement cost of the vests. He informed the Council and public that a new program to the Department is bicycle officers. He noted that there are six officers trained and seven more will be trained soon. He commented that the bicycle officers are a great tool for business area and neighborhood enforcement. He asked the public to watch for these new officers in royal blue and black uniforms.

Captain Cullimore commented that the Department has had need for night vision equipment. They have borrowed equipment in the past. Two grants were applied for and the Department was given both, so now the Department will have two sets. He informed the audience about the stipulations of the grants. He asked if there were any questions. Mr. Dameron asked if some these new grants were tied to Homeland Security. Captain Cullimore replied yes, and mentioned that the Department had received weather prediction equipment to help track weather conditions in emergency response situations dealing with hazardous materials. Mayor Ellertson thanked Captain Cullimore for his report.

(Councilmember Acerson arrived at 7:42 p.m.)

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Preliminary Plat - Lindon Gateway, Plat "B." This is a request by the firm of Johansen/Thackeray for preliminary subdivision approval of Lindon Gateway, Plat "B," 2-lots, in the R&B zone at 300 South 800 West. This request essentially changes the lot line between Lots 10 & 11 of Plat "A." The Planning Commission recommended approval.

Ms. Gay Hart of Johannsen Thackeray showed the Council how the development company would like to move the boundary line to expand Lot 10 to match the boundary line on Lot 13. She explained that the reason for the request is that Canopy Properties is planning an expansion and would like to use these two lots. Mayor Ellertson asked Mr. Smith if the lots will still meet the square footage requirements of the zoning ordinance. Mr. Smith replied yes. Ms. Hart asked the minimum size for this zone. Mr. Smith replied one acre. Mayor Ellertson asked if there were any questions. There were none.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY JOHANSSON THACKERAY FOR APPROVAL TO AMEND LOTS 10 AND 11 OF LINDON GATEWAY SUBDIVISION, PLAT "A" AND CREATE LINDON GATEWAY, PLAT "B," A TWO LOT SUBDIVISION AT 300 SOUTH 800 WEST. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Review and Action - Non-Conforming Lot Modification. This is a request by Jonathan Boyle for modification of lot lines to two existing non-conforming lots in the R1-20 zone at 235 East 400 North. The Planning Commission recommended approval after a Public Hearing.

Mr. Smith reported that Mr. Boyle was not present in the audience. He commented that it was not necessary for Mr. Boyle to be present and that he could present the proposal. He explained that this request concerns an interpretation of the nonconforming use ordinance. He brought up an aerial photo of the lots and pointed out that the yellow outline is what is proposed and the blue outline is what exists. Utah County shows the property lines passing through the house and a fence line gap that has occurred because of inaccurate metes and bounds descriptions dating back quite a few years. The proposal is to modify the lots so that the property lines do not cross the houses.

Mayor Ellertson asked about the street right-of-way for 400 North and the property owner to the west. Mr. Smith explained that the lot modification will correct and eliminate any discrepancies in the fence line and the street boundary. Mayor Ellertson asked if the house would comply with the side yard setback. Mr. Smith replied no, that the properties are not wide enough to meet the minimum side yard setback and the property owners have agreed on the fence line as the property line. Mr. Smith reported that the Planning Commission has reviewed the proposal and has agreed that this proposal is the best one to meet the situation.

Mr. Smith observed, however, that the question remains on whether to require the homeowners to install curb, gutter and sidewalk since a new subdivision plat will be recorded. The Planning Commission had no recommendation on this issue. Councilmember Carpenter asked if the Council will hear this proposal again after this design review. Mr. Smith replied yes, that the plat will come before the Council for approval. Councilmember Carpenter observed that the proposal is better than the situation that exists. The Council agreed.

Mr. Smith asked about the improvements issue. Mayor Ellertson confirmed that these are existing homes and that no new construction is taking place. Mr. Smith replied positively. Councilmember Hatch asked if there were others along 400 North that have installed or bonded for improvements. Mr. Smith replied that some have paid, but there are no improvements installed in this portion of 400 North. Councilmember Acerson asked if there were any plans for improvements on 400 North in the near future. Mr. Dameron replied no.

Mayor Ellertson pointed out that there are discrepancies in lot lines in many of the lots along this street. He asked if the whole block could be corrected at once. Mr. Smith replied that the lot owners would have to pay to have their lots resurveyed. The Council discussed whether there was any cost savings to surveying a larger area rather than doing it piecemeal. After discussion, the Council agreed that requiring improvements on 400 North may induce a hardship on the homeowners of this proposal, especially since there was no construction anticipated.

3. Design Review - Don De St. Jeor Subdivision. This is a request by Don De St. Jeor for a review of a proposed two lot subdivision, one of which is a deep lot, in the R1-20 zone at 755 North 200 East. The Planning Commission reviewed this proposal and provided feedback.

Mr. Don De St. Jeor distributed a letter from his neighbor, Mr. Dave Fryer, addressing the development intentions of this parcel bordering Mr. De St. Jeor on the north. Mr. Smith pointed out the location of the proposal on an aerial photo and noted that the parcel has an existing home facing 200 East. The proposal is to install a driveway and create a deep lot. He informed the Council that the Planning Commission had reached the conclusion that the deep lot proposal is feasible and recommended approval to the Council. He pointed out the location of the North Union Canal and the Alpine School District property. He noted that the minutes of the Planning Commission meeting were included in the staff report.

Councilmember Carpenter expressed the opinion that he agrees with the Planning Commission's conclusion that this proposal seems to be a correct application of the deep lot ordinance. Mayor Ellertson asked if there were any other questions or comments. There were none. Mayor Ellertson observed that it appears that attaching this parcel to surrounding development is not feasible. He asked Mr. De St. Jeor's time table for building. Mr. De St. Jeor replied that he would like to start this summer. Mayor Ellertson asked if the existing home will remain. Mr. De St. Jeor replied that the new home will be for his son and the existing home is his personal residence.

Mayor Ellertson commented that the Planning Commission concluded that this proposal appears to work and that there are not any other options for development. Councilmember Carpenter observed that any other way to develop a road entails a major loss of developable land in comparison to the minimal benefit of one lot. He pointed out that the location of the North Union Canal limits development on the other side. Mayor Ellertson asked if there were any other thoughts or comments. Mr. Dameron asked if the utilities would be extended from 200 East. Mr. De St. Jeor replied yes. Mayor Ellertson asked about the structure on the lot. Mr. De St. Jeor replied that this shed would be demolished. Mayor Ellertson commented that it appears that the Council is in consensus on allowing Mr. De St. Jeor to proceed with his application for a deep lot.

4. Public Hearing - Fryer Petition for Disconnection. This is a formal petition from property owners David Fryer, Kenneth L. Fryer, and Laura Fryer for disconnection of just over two acres located along the Lindon/Pleasant Grove boundary, west of the intersection of 800 North and 200 East in Lindon City.

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

Mr. John Romney, attorney for the Fryer family, introduced himself and Mr. Dave Fryer. He distributed a map of the property to the Council. He commented that the Council may be aware of the situation with this parcel. He pointed out that this parcel lies on the boundary of Pleasant Grove and Lindon and that the boundary line actually runs through this parcel. The Fryers wish to subdivide, but cannot because of this boundary situation. The portion in Pleasant Grove is very strangely shaped and the portion in Lindon only has enough frontage for one or two lots. He commented that since the boundary line runs behind the curb bordering 1000 South Pleasant Grove, that it makes the most sense to disconnect from Lindon City and annex to Pleasant Grove City. This would allow utility hookup in Pleasant Grove and give the owners frontage for about six lots. He informed the Council that he has contacted Pleasant Grove and this city is willing to concede to the arrangements.

Mr. Romney listed the reasons for Lindon to agree to the disconnection of this parcel. He commented that a disconnection has to occur or the property owner cannot subdivide. A subdivision can be created which will fit in with the existing neighborhood across 1000 South and to the east, the Appleleaf Subdivision. He also read from the State Code that Lindon City must demonstrate a substantial reason to deny a disconnect. He pointed out that Lindon will not experience any significant harm because there have been no major improvements by Lindon in this area. He asked if the Council could advise him of any harm to Lindon City.

Mayor Ellertson verified with Mr. Dameron that the red line shown in the aerial is the boundary between the Cities. Mr. Dave Fryer commented that the boundary shown was agreed to by both the Cities. He added that it is not clear why this line was not followed by the developers of the Appleleaf Subdivision when they finished 1000 South/800 North. Councilmember Carpenter commented that the developers of the Appleleaf Subdivision would have needed to obtain the Fryer property to finish 1000 South/800 North street as agreed on by the cities. Mr. Fryer observed that his property was in Utah County before the realignment of the boundaries.

(Councilmember Bayless arrived at 8:20 p.m.)

Councilmember Carpenter asked Lindon City Attorney Gordon Duval about the accuracy of Mr. Romney's statement concerning the Fryer's inability to subdivide without disconnection. Mr. Duval replied that the Fryers can subdivide regardless of the boundary. He added that, based on Lindon's requirements, four lots can be split on 1000 South/800 North. He explained that Lindon and Pleasant Grove have a cooperative agreement. Mr. Fryer commented that he was aware that a sewer agreement exists between the Cities. Mr. Romney asked how the Cities will apportion this subdivision if part is in Pleasant Grove and part in Lindon. He asserted that a disconnection and annexation needs to occur, or a boundary line adjustment, if this subdivision is to happen. He stated that the statutes allow a petitioner to request which city they prefer to be affiliated with, and if the request is fair and equitable, it needs to be approved.

Mayor Ellertson commented that a major portion of the property lies within Lindon's boundaries. Mr. Romney observed that there is also a zoning conflict between the cities. He stated that this property cannot be reasonably or feasibly subdivided in either city unless the boundary line adjustment or disconnection take place. He felt that precedence to allow a disconnect had occurred when Lindon City allowed the Appleleaf Subdivision and the Pebblecreek Villa Subdivision to annex to Pleasant Grove City. Councilmember Carpenter commented that he is not aware of any conflict between Lindon and Pleasant Grove to justify Mr. Romney's reason to allow the disconnect because of the awkwardness of being in two different cities. He suggested that any subdivision that meets the requirements of Lindon will also "clearly" meet the requirements of Pleasant Grove. He expressed the opinion that he does not see that a disconnect needs to occur.

Councilmember Acerson commented that the least complicated procedure to solve this situation is a boundary line adjustment. He expressed the opinion that the intent of the original boundary agreement was for this property to be in Lindon. He suggested that a meeting should be scheduled with Pleasant Grove before any decisions are made. He asked how quickly something could be arranged with Pleasant Grove. Mr. Fryer commented that an annexation plat will need to be prepared and approved by both entities. Mr. Duval noted that the boundary line adjustment is accomplished with a public hearing by both city councils and that no annexation plat is needed. He felt that this part of the process can be arranged quickly.

Mr. Duval suggested that the intent of this request is all for development reasons and that development reasons are not a valid rationale to allow a disconnect. He pointed out that the zoning in Pleasant Grove will allow for more lots than the zoning in Lindon. Mr. Smith commented that the zoning in Pleasant Grove will possibly allow for six lots and the zoning in Lindon allows for four lots. Mr. Fryer commented that Pleasant Grove allows 8,000 square foot lots and that these will be 13,500 square feet. Ms. Laura Fryer commented that the family feels it is better to have smaller, more uniform lots that will blend into the neighborhood. Mr. Fryer noted that the property is owned equally by the three members of his family; Mr. Kenneth Fryer, Ms. Laura Fryer and himself, Dave Fryer.

Councilmember Acerson asked if Mr. Fryer would be opposed to a boundary adjustment which would place the whole parcel in Lindon rather than Pleasant Grove. Mr. Fryer replied yes. He explained that his objection is not to being in Lindon, but having this particular parcel in Lindon. He noted that he owns other parcels in Lindon that will be developed by Lindon standards, however, on this parcel the family feels that it makes more logical sense to be in Pleasant Grove. He pointed out that the utilities are served by Pleasant Grove and that this street, 1000 South/800 North has mostly Pleasant Grove addresses on both sides of the street. He suggested that changing the address to Lindon might create a source of confusion for guests of the homeowners.

Mr. Romney referred to a Layton City case where the Supreme Court of Utah ruled that it is up to the petitioners to decide which city they prefer. The only stipulation is that the property must lie in both cities for a disconnection petition to occur. The ruling states that the City must provide a significant reason of major harm to disallow the disconnection. He commented that he does not see any major harm in this case. Mayor Ellertson replied that this assumption is a matter of perspective. He added that either city can meet the utility needs and that a interlocal agreement is already in place for this circumstance. Councilmember Hatch suggested that using the disconnection of the Pebblecreek Villa Subdivision as a precedence is not in the best interests of the applicants. He explained that there were agreements that were not fulfilled and that Lindon City did not have a good experience. He also suggested that the Fryers have not addressed what their neighbors in Lindon would prefer zoning-wise. He asked if the Lindon neighbors want the higher density proposed by the Fryers. Mr. De St. Jeor commented that he was not opposed to the Fryer request.

Mr. Dameron asked Mr. Duval to address the issue of city boundary maintenance. Mr. Duval replied that he had two elements of significant concern to address. One is that "good fences make good neighbors." He commented that Lindon City and Pleasant Grove City have an ongoing relationship. He explained that changing boundaries may create a problem with safety responses. He noted that a problem exists between Pleasant Grove and Cedar Hills because of the constantly shifting borders between these two cities. He acknowledged that, at present, Lindon and Pleasant Grove share a public safety department, however, the future may change this situation. He agreed that two exceptions have been made in the past on the boundary as previously stated, but noted that "two wrongs do not make a right." He suggested that allowing a disconnect may continue the problem that now exists on 1000 South/800 North. He asserted that the Public Safety Department and the neighborhood needs to have stability. His second point is that Lindon has no assurance that Pleasant Grove will accept a boundary change and state statutes prohibit unincorporated islands.

Mr. Romney responded by stating that this is a unique situation where the property is presently divided between the two cities and the property owners are attempting to combine a single parcel that is separated. He suggested that this is not a "slippery slope" that will prompt more landowners attempting to disconnect from Lindon. Mayor Ellertson commented that this situation is unique in that it was created by a city agreement. He added that it was the intent of both cities for the boundary line to follow the line of 1000 South/800 North. The problem was compounded when the developers of Appleleaf Subdivision did not follow the boundary line established.

Mr. Fryer commented that the City boundary in 1958 followed the section line that runs through the center of this property. The 1985 agreement put more of the property in Lindon. Mr. Romney commented that he would like to respond to Mr. Duval's points. He observed that concerns for public safety might be valid, but that there is no evidence of a problem. This is a hypothetical problem that is always feared and seldom realized. The other is the creation of an unincorporated island. He observed that the state statutes give them no choice but to disconnect from one city before annexing to another. He asserted that there would be minimal time that this parcel would exist as unincorporated. He again suggested that Lindon has no evidence of significant harm. He pointed out that Lindon has not lost significant tax base and that Lindon City has not made any major investments to service this property. He proposed that Lindon consider allowing the petitioner to disconnect.

Councilmember Acerson commented that he was opposed to the petition because he felt that the intent of the property owner to disconnect is based on the density that may be allowed when he subdivides. Mr. Fryer asserted that he has not decided what to do. He commented that the property may be used for their children. He added that the parcel does not contain the frontage necessary to follow the Pleasant Grove zoning anyway. Councilmember Acerson asked Mr. Fryer his basis for opposition to being completely in Lindon. Mr. Fryer replied that his family would like the option to subdivide the property the way they want. He pointed out that 1000 South/800 North is a collector road and that one-half acre lots on this street will not command the price of a one-half acre lot in Lindon. A disconnection will allow them to subdivide to match the neighborhood. He pointed out that Appleleaf Subdivision does not have large lots or large homes. He asserted that most buyers will not consider a one-half acre lot on a collector street that will continue to the I-15 freeway. He commented that being in Lindon places constraints on development that are unnecessary and that placing this particular parcel in Pleasant Grove makes more sense.

Mayor Ellertson commented that it is not uncommon to split cities along streets. He expressed the opinion that changing addresses along a street is confusing and noted that there have been public safety incidents with unclear addressing. He expressed concern about "piecemeal" changes along city borders. Mr. Romney pointed out that this parcel is already split by the cities and needs to be corrected. He read from the Utah Code, section10-2-502. Ms. Fryer commented that she did not understand why this particular parcel has been changed continually over the years between Lindon and Pleasant Grove. The family's intent is just to make it fair.

Mayor Ellertson suggested that the most logical approach is to make the boundary follow the street as originally intended. Ms. Fryer noted that the original line was in the middle of the property and was not favorable to Lindon. Mr. Fryer asked why the property owners were not notified of the boundary adjustment in 1985. Mr. Duval replied that state statutes require a public notice published in a local newspaper and not a personal notification.

Mr. Duval stated that changing this property will be confusing to motorists traveling along this street. He suggested that a person driving east on 800 North will see a Lindon address, then a Pleasant Grove address on the same side of the street. Mr. Fryer replied that there are more addresses in Pleasant Grove in this particular section of street. He pointed out that other than one house on the corner of 200 East, all the homes have Pleasant Grove addresses. Mr. Romney commented that the petitioners are not trying to cause a problem. The problem already exists. The petitioners want to clear up a boundary and state statutes allow them to choose.

Councilmember Bayless commented that she would not be comfortable making a decision before consulting with Pleasant Grove officials. Councilmember Acerson agreed. Mr. Ken Fryer asked what precedent there is in Lindon to divide in smaller lots. Mayor Ellertson replied that this idea might be considered, and asked the Fryers to keep in mind that if the property remains in Lindon and connects to utilities in Pleasant Grove, requirements for connection to Pleasant Grove will need to be met. Mr. Fryer replied that connection fees are the responsibility of the buyer, not the developer. Mayor Ellertson agreed, but asked him to be aware of the full ramifications. He verified that the main issue is the number of lots. Mr. Romney agreed.

Mayor Ellertson commented that there have been some serious battles fought on disconnections in the Salt Lake City area. Mr. Fryer again replied that the family had not made any decisions on subdividing and that they may end up with larger lots. Mayor Ellertson observed that whatever happens to the south of this property is in Lindon City and that a disconnect will not be considered. He also noted that any undeveloped property to the west of this parcel also lies in Lindon and that concerns for public safety confusion are a reality. Mr. Romney replied that there is no specific evidence of this eventuality.

Councilmember Acerson asked if there was any immediacy to this issue and if there was time for a discussion with Pleasant Grove. He suggested that the Council continue the public hearing. Mr. Fryer observed that he had talked with Pleasant Grove and found no opposition. He suggested that the Council will also find this to be the case. Councilmember Acerson asked if he had any opposition to the Council taking the step to consult with Pleasant Grove. Mr. Romney replied that the state statutes allow Lindon City to take the time necessary to make a decision. Mayor Ellertson commented that he is interested in finding if there are other areas of potential impact. Mr. Duval noted that the City Council has forty-five days to render a decision. Mayor Ellertson asked if there was any additional information to discuss. There was none.

COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE PUBLIC HEARING TO CONSIDER A PETITION BY DAVID FRYER, KENNETH FRYER AND LAURA FRYER FOR DISCONNECTION OF JUST OVER TWO ACRES LOCATED ALONG THE LINDON/PLEASANT GROVE BOUNDARY FOR THE PURPOSE OF DISCUSSION WITH PLEASANT GROVE CITY AND DISCOVERY OF ALL PERTINENT ISSUES. THE PUBLIC HEARING WILL BE CONTINUED TO THE NEXT MEETING ON JUNE 1, 2004. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER HATCH MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Review and Action - Bid Award - Curb and Gutter on Main Street. Requests for bids have been properly advertised and received for the installation of curb and gutter on the west side of Main Street between 60 North and the Hollow. This project will control storm/irrigation water run-off and connect the drainage into the storm drain running through the City Center Park. The low bidder is Western Quality Concrete. This firm has an excellent reputation and staff recommends awarding the contract for this project to Western Quality Concrete in the low bid amount of $75,536.00.

Mr. Dameron distributed the bid sheets for the Council's review. Councilmember Bayless asked if this project was prompted by the realignment of Main Street to State Street. Mr. Dameron replied that this project's purpose is to drain storm water coming down Main Street into the Hollow. He noted that the storm water is presently pooling in the rodeo arena at the east end of the Lindon City Center Park.

Mr. Dameron informed the Council that staff recommends the low bidder, Western Quality Concrete, be awarded the contract. He asked the Council to take note that the third bidder had made a mistake in calculations. The mistake was discovered during the bid sheet tabulations and does not materially affect the outcome of the bid.

Mayor Ellertson asked if this project would widen Main Street through this area. Mr. Dameron replied that the road would be widened to the new gutters. Mayor Ellertson confirmed that the bids include asphalt, curb and gutter, but no sidewalk. Mr. Dameron replied yes. He observed that the storm drain would tie into the system already installed in the bottom of the Hollow. Mayor Ellertson asked if this project would be completed in the current budget year. Mr. Dameron replied that staff is anticipating a finish date in the current year, which would dictate an amended budget. The reason is that construction costs are rising. Mayor Ellertson asked if the City had good experience with this particular contractor. Mr. Dameron replied that the Contractor has been working for the City at Hollow Park and the work was commendable.

COUNCILMEMBER ACERSON MOVED TO ACCEPT THE BIDS AS PRESENTED AND AWARD THE CONTRACT FOR THE IMPROVEMENT OF MAIN STREET IN THE HOLLOW AREA TO THE LOWEST BIDDER, WESTERN QUALITY CONCRETE, IN THE AMOUNT OF $75,536.00. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Public Hearing - Standard Land Use Table Amendment - Used Cars/Trucks in the CG Zone. The Council cannot hear this item tonight. The petitioners did not attend the last Planning Commission meeting, and a recommendation from the Planning Commission is necessary before the Council can consider this item.

After discussion, COUNCILMEMBER CARPENTER MOVED TO CONTINUE THE PUBLIC HEARING ON THIS ITEM UNTIL THE COUNCIL MEETING ON JUNE 15, 2004. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. Public Hearing - General Plan Amendment and Zone Change - 380-388 West on 600 North Street from Residential to Commercial. The Council cannot hear this item tonight. The petitioners did not attend the last Planning Commission meeting, and a recommendation from the Planning Commission is necessary before the Council can consider this item.

The Council discussed this item and noted that a neighborhood meeting is being planned. The public hearing will be re-advertised after the neighborhood meeting and subsequent Planning Commission meeting is held.

8. Public Hearing - Subdivision Design Variances. This public hearing was advertised and scheduled in an attempt to accommodate the developers of Bald Mountain, Phase II. Negotiations are still in progress between the City and the developers and it is premature at this time for consideration of any design variances.

The Council decided that this item would also be re-advertised for a later date.

MINUTES - The Minutes of the regular meeting of May 4, 2004 will be reviewed.

The Minutes of the regular meeting of May 4, 2004 were reviewed. The following corrections were made:
Page 6, Line 33: Replace the words "fit in with" with the word "utilize."
Page 6, Line 34: Replace the word "existing" with the word "expanded."
Page 7, Line 41: Add the words "for the June 10 event" after the word "streets."
Page 8, Line 30: Replace the word "need" with the word "needed."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE MEETING OF MAY 4, 2004 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCIL REPORTS:

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM

Councilmember Hatch reported that the new manager at the Solid Waste Transfer Station was doing a good job. He also reported that the Housing Consortium had recently taken a field trip to view a recently completed project in Payson. He described the project and commented that he was favorably impressed with the design of the project. He noted that the next field trip will be to view the Lindon project and asked the Council to participate. The date of the trip was disclosed to be June 17, 2004 about 12:30 p.m. He informed the Council that the new residents will be on hand to meet the public. Councilmember Hatch reported a weed problem.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless reported a weed problem with the landscape gravel on Geneva Road. She asked that the gravel be sterilized. Mr. Dameron replied that he would report the request. There was a short discussion of the property owners on Geneva Road maintaining the landscaping. Councilmember Bayless reported on the APA conference that she had attended in Blanding, Utah. She suggested an agenda item on emergency preparedness.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS

Councilmember Bath was excused.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWLETTER

Councilmember Acerson asked the Council what involvement they would prefer in Strawberry Days. The Council discussed the possibility of riding in the parade. Councilmember Acerson reported that residents are concerned about water overflowing from the tank on 835 East. Mr. Dameron was asked to mention this occurrence to Public Works.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS

Councilmember Carpenter observed that he had no items to report for tonight.

Mayor Ellertson and the Council discussed the issue of rapid transit.

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

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Reported that Engineering Coordination meeting is scheduled for Wednesday, May 19, 2004. Councilmembers Acerson and Bayless volunteered to attend.
2. Informed the Council of upcoming public hearings scheduled for June, including the schedule for budget hearings.
3. Asked for requests from the Project Tracking List. Councilmember Hatch requested to hear the R2 Overlay project proposed by H5 Development. After discussion, the Council agreed that the Planning Commission should submit a recommendation to the Council.
4. Reminded the Council about their commitments to judge Senior projects for Pleasant Grove High School students. The times and dates were confirmed as May 24 and 25 from noon to about 3:00 p.m. He also noted that the High School Graduation will be on Thursday, May 27.
5. Mentioned the Military Appreciation program. Councilmember Acerson noted that he would confirm the participation of the Character Connection committee in this event.
6. Announced that City Building Inspector Ken Johnson had recently passed the rigorous electrical certification test.
7. Noted a letter in the staff report from Governor Walker asking for a Proclamation declaring the week of June 12 as Utah Military Appreciation Week. The Council discussed the request and instructed Mr. Dameron to prepare the Proclamation and add this item to the agenda for June 1.
8. Reported a request from the Public Works Department to shorten the lunch hour. After discussion, the Council accepted the request with certain conditions.

Mayor Ellertson discussed the Commission on Volunteer's Citizen Corp. with the Council. He explained the program and its benefits to Lindon. He was asked if this organization supplants existing neighborhood organizations. He replied that the Citizen Corp will band the four "cornerstones" of existing neighborhood organization together. Councilmember Acerson asked about information received from the Provo River Water Users Association on enclosing the Murdock Canal. Mayor Ellertson replied that the City is still working on the allocation of costs issue. He noted that an invitation had been received from Cedar Hills to attend an Open House for retiring Mayor Brad Sears and to celebrate the opening of the Cedar Hills portion of the Bonneville Shoreline Trail. The date and time were disclosed. Mayor Ellertson observed that the Council had been given a copy of the 2000 West alignment proposal and asked them to review and submit comments. He asked if there were other issues to discuss. There were none.

ADJOURN

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 9:57 P.M. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - June 1, 2004

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