May 26, 2004 Special Meeting
The Lindon City Council held a specially called meeting on Wednesday, May 26, 2004, at 7:00 P.M. in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon Utah. This meeting was convened after a special joint meeting of the City Council and the Planning Commission on the same date.
Conducting: Larry A. Ellertson, Mayor
PRESENT
Larry A. Ellertson, Mayor
Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Jeff Acerson, Councilmember
Bruce Carpenter, Councilmember
Ott Dameron, City Administrator/Recorder
Gordon Duval, City Attorney
ABSENT
Jerald I. Hatch
The meeting began at 7:21 P.M.
MINUTES
The minutes of the meeting of May 18, 2004 will be reviewed at the next regularly scheduled City Council meeting.
OPEN SESSION
No citizen input.
MAYOR’S COMMENTS/REPORT
The Mayor had no additional comments.
CURRENT BUSINESS
1. Development Agreement - Black Scot Development and Lindon City. This is a request by staff for review and action on a proposed development agreement between Black Scot Development and Lindon City for the acquisition of right-of-way for the extension of 1200 East/800 North through property owned by Black Scot Development adjacent to the proposed plat of highlands at Bald Mountain, Plat "A".
Mayor Ellertson introduced this item. He outlined the efforts among himself, staff, and representatives of Black Scot Development , LC to arrive at the document before the Council tonight. The City Attorney and the attorney for Black Scot, Dayle Jeffs, had both been involved in the drafting of this document. The Mayor also discussed the application of the city for Corridor Preservation Funds through the UDOT Transportation Commission which will be used to effect the purchase of the right-of-way. The city’s application will be acted on during the Transportation Commission’s meeting on May 27, 2004.
Councilmember Bayless asked what would happen if the corridor preservation funds are not approved. Mayor Ellertson explained that this agreement includes a process for reimbursement to Black Scot if that were to be the case.
The agreement was scrutinized in detail. Section 2.1 concerning the necessary approval of the common road alignment from Pleasant Grove City was discussed. The consensus of the Council was to require a letter from Mayor Danklef approving the proposed road alignment along the border of the cities, both horizontal and vertical, and the intent of Pleasant Grove to match the construction in Lindon City. Discussion was held concerning the requirement to turn in water shares. The Council held firm in that requirement. The exact amount of funds received from the previous developer for settlement of a variety of issues surrounding his development was inserted in item 2.5. These funds will go to Black Scot to assist in the requirement to construct 650 East street. The section concerning impact fee reimbursement was discussed. Black Scot requested that the city sponsor, at no cost to the city, their application to FEMA for the removal of a flood zone through the plat. The Council agreed to this request.
After a thorough analysis and discussion of the proposed agreement with changes discussed tonight, COUNCILMEMBER BATH MOVED TO APPROVE THE DEVELOPMENT AGREEMENT AS AMENDED BETWEEN LINDON CITY AND BLACK SCOT DEVELOPMENT, LC AND TO GIVE THE MAYOR THE AUTHORITY TO SIGN THE DOCUMENT AFTER A FINAL REVIEW WHEN THE CHANGES HAVE BEEN INCORPORATED. IN ADDITION, IF ADDITIONAL CHANGES ARE REQUESTED, THE MAYOR MUST BRING THE AGREEMENT BACK TO THE CITY COUNCIL FOR APPROVAL. COUNCILMEMBER CARPENTER SECONDED THE MOTION. THE VOTE ON THE MOTION WAS AS FOLLOWS:
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH ABSENT
THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO ADJOURN THE MEETING AT 7:52 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION CARRIED.
APPROVED - June 15, 2004 | 
