The Lindon City Council held a regularly scheduled meeting beginning at 7:00 p.m. on September 7, 2004 in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson
Invocation: Toby Bath

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

The meeting began at 7:05 p.m.

MINUTES - The minutes of the special meeting of June 29, 2004, the special meeting of June 30, 2004, and the regular meeting of August 3, 2004 will be reviewed.

The minutes of the Special Meeting of June 29, 2004 were reviewed. The following corrections were made:
Page 5, Line 19: Add the word "opposing" before the word "reaction."

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JUNE 29, 2004 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The minutes of the Special Meeting of June 30, 2004 were reviewed. The following corrections were made:
Page 1, Line 10: Add the name "Bruce Carpenter, Councilmember" to the ABSENT list.

COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JUNE 30, 2004 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The minutes of the meeting of August 3, 2004 were reviewed. There were no corrections necessary.

COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE MEETING OF AUGUST 3, 2004. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Clay Frandsen of 106 South 300 East told the Council that he had two reasons for being here tonight: one is to present a letter to the Council and the Planning Commission and the other is to talk about a public meeting concerning Mr. Jeremy Stone’s business. He explained that he is the one that started a petition to stop Mr. Stone’s business from being placed in his neighborhood. He observed that this has created a "division" in the neighborhood and that he still feels that the neighborhood should have been notified about the business as a matter of "proper rules and etiquette." He commented that had there been proper notice of what was happening, there might have been different feelings. He has had his attorney check and has found that notice is not required, but he feels that things have been "done in secret." He feels that this is a commercial operation that does not have a place in a neighborhood. He wants the Council to know that the decision to withdraw the objections is not unanimous. He would still like to see changes made to the building, such as the direction of flow on the air ducts. He feels that commercial enterprises should be in commercial areas and residential zones should be kept that way. Mayor Ellertson thanked him for his comments.

Mr. Jeremy Stone commented that he would prefer that the City vote on whether he puts his business in this location. He observed that he is making a significant investment and does not want negative feelings from his neighbors. He apologized for the "sneaky" way he presented the business, but explained that his concern is theft. He commented that "nobody likes my animals," but they will never be seen. He added that he is willing to do anything to pacify the neighborhood. He understands Mr. Frandsen’s concerns about a commercial business, but he does not have any shipping and receiving, no customers will come to the business, and no traffic. He feels that he meets the City ordinances. He admits that there was secrecy on his part, but that he did not violate any laws. He felt that the neighborhood meeting had gone well and that the opposition was less when there was understanding. Mayor Ellertson thanked Mr. Stone.

Mr. Brad Mortensen of 118 South 300 East informed the Council that he is a neighbor to Mr. Stone’s property. He observed that Lindon’s animal ordinance has limits on every kind of animal except for reptiles. He considers snakes as wild animals. He commented that he has nothing against the Stones personally, but he expressed concern that they would have upwards of 500 snakes at certain times of the year. He calculates that if they maximize the square footage of their accessory building, they could have several thousand snakes. He commented that most of the neighborhood has moved to Lindon for their own "little bit of country." He observed that there are certain kinds of animals that are expected as normal and appropriate, but the ordinance does not have limits on "non-venomous reptiles." He also observed that this business may need to be "disclosed" to potential buyers if the neighbors sell their homes. Mr. Stone commented that there are limits placed by the Utah State Division of Wildlife Resources on his business. Mr. Mortensen asked that the Council set limits on the maximum number of animals. Mr. Stone told the Council that he would never exceed 500 animals, except on a temporary basis when the babies are born. He observed that keeping reptiles is somewhat like keeping fish–you can only put so many in a tank and have them healthy. Mayor Ellertson replied that this item is not on the agenda so no action can be taken, however, he appreciated the comments given.

Ms. Nancy Zundel of 352 West 600 North asked if Country Cars would be limited to four cars. Mayor Ellertson replied that this business was temporary and would be moving when Low Book Sales opens. He asked if there was other comment or questions. There were none.

Mayor Ellertson reported that Utah County recently voted to include a measure on the ballot this fall that would provide information to voters about a proposed 1/4 cent sales tax increase to fund road improvements. He observed that the vote on this measure does not enact the increase, only measures the support for this proposal. He noted that the list of projects that would be funded by the increase will be included in the ballot measure. He commented that his only concern is that the approach to roads be a "coordinated" effort with the UTA, UDOT, the Wasatch Front Regional Council and the Legislature. He noted that a legislative task force has been formed to address transportation issues and matching funding is being considered. He expressed the opinion that if the measure passes, he hopes the County Commission will wait to see what the Legislature passes so that all the needs can be addressed. He added that transportation is a State agenda and the League of Cities and Towns is participating in finding solutions.

Mayor Ellertson observed that Lindon is continuing to work with development and property owners to extend 700 North to the new interchange. He commented that this is a coordinated effort with Pleasant Grove. He noted that he is working with the Utah League of Cities and Town on a taxation review for the funding of government. He observed that new information will be forthcoming on this issue. He informed the Council and audience that the County has also made a determination to pursue privatizing their economic development efforts to begin this coming January. He noted that more details on this issue will be coming soon. He asked if there were questions. There were none.

CONSENT AGENDA - No Items

1. Preliminary Plat - Lindon Meadows, Plat "A." This is a request by Bill Fairbanks, Carter Construction, for approval of an 11-lot residential subdivision in the R1-20 zone at 600 West 200 South. The Planning Commission recommended approval with one condition.

Mr. Bill Fairbanks and Mr. Stan Allman were invited to the front. Mr. Smith introduced this eleven lot subdivision request and pointed out the location on an aerial photo. He pointed out the existing homes and a shed. He reviewed the Planning Commission’s discussion and recommendations to the Council, including concerns expressed about an easement for sewer and storm drain included in Lot #3, the building envelope on Lot #5, and a variance granted by the Board of Adjustment for substandard widths on Lots #1 and #11.

Councilmember Acerson asked about the width of Lots #1 and #11. Mr. Smith replied that both lots are under 100-feet. Councilmember Carpenter asked if the Board of Adjustments had considered other configurations for the lots that would allow proper frontage. Mr. Smith replied yes. He observed that the problem lies in the fact that there are two existing homes on either side of the proposed street and the street is one provided for on the General Plan to provide access to the interior of this block. He added that the Board of Adjustments is very careful to consider all options and does not grant variances "willy-nilly."

Mr. Smith observed that the developer has made a note on the plat that the sewer and storm water easement is "not to be used as rear access." Mayor Ellertson asked about the easement. Mr. Fairbanks explained that the easement has been used for years for the existing homes. Mayor Ellertson confirmed that there will be no problems in expanding the use of the easement for additional homes. Mr. Fairbanks replied no. He observed that the easement will be a recorded easement and consists of property with a 12-13 foot drop with a 30% elevation drop. He noted that it would not make a useful driveway access to Lot #3. Councilmember Carpenter asked about the length of the cul-de-sacs. Mr. Smith replied that the cul-de-sac are less than 650-feet. Councilmember Hatch asked about the occupants of the existing home on Lot #5. Mr. Fairbanks replied that the Jaspers will occupy the home until their new home is finished. The building envelope on Lot #5 was discussed. Mr. Fairbanks informed the Council that the envelope contains about 6,500 square feet of buildable area.

COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY BILL FAIRBANKS FOR APPROVAL OF LINDON MEADOWS, PLAT "A," AN 11-LOT RESIDENTIAL SUBDIVISION AT 600 WEST 200 SOUTH WITH THE PLANNING COMMISSION’S RECOMMENDATIONS:
1. THE BUILDING ENVELOPE BE INCLUDED ON LOT #5.
COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Preliminary Plat - Royal Court, Plat "A." This is a request by Bryan Ferre for approval of a 5-lot residential subdivision in the R1-20 zone at 450 West Gillman Lane. The Planning Commission recommended approval with conditions.

Mr. Smith displayed an aerial photo of the area surrounding the proposed subdivision and pointed out State Street, Gillman Lane and an existing home. He also displayed the proposed subdivision plat on the overhead and pointed out the location of the existing home and sheds. He explained that the sheds will be removed to put in the cul-de-sac. He noted that the lots are about 100-feet deep. He informed the Council that the Planning Commission has recommended approval with two recommendations: 1) that the building envelope for each lot be included on the plat, and 2) that curb, gutter and sidewalk not be installed on Gillman Lane until this street is fully improved in the future. He then explained that the owner of the existing home does not want to be part of the plat, although this is the typical procedure. He added that the developer is responsible for installing the curb, gutter and sidewalk if the lot is included.

Mayor Ellertson asked why this parcel is not being included. Mr. Royal Christensen explained that he had been working for several months with the developers, Bryan Ferre and J.J. Larsen, to complete the negotiations for his parcel. Then it was found that the plat could not be recorded without the curve return corners on Gillman Lane and the cul-de-sac being dedicated from his property. Rather than go through all the negotiations again and thinking it was the neighborly thing to do, he has given these corners to the developers. Now tonight, he finds that he is part of the plat and that the sheds need removal. He will need another shed to put his things in and he is all in favor of the project, however, he does not want to be part of it.

Mayor Ellertson asked if the Planning Commission had recommended that this lot be included and improved. Mr. Smith replied the Planning Commission only considered the street improvements for Gillman Lane and not the cul-de-sac. They had recommended that improvements on Gillman Lane be bonded for and installed later unless there are engineering issues. Mayor Ellertson asked what the Planning Commission expects to see done on the improvements. Mr. Smith replied that they expect the street improvements to be either bonded for or installed. He commented that if Mr. Christensen prefers not be included, the curb, gutter and sidewalk within the cul-de-sac can be stopped at his property line, then, when future development occurs, the improvements can be finished.

Mayor Ellertson commented to Mr. Christensen that by not being included in the plat, he will be responsible for the improvements himself. Councilmember Acerson asked Mr. Christensen if he was willing to pay for the improvements himself at a future date, rather than having the developer pay for them now. Mr. Christensen replied that the only way improvements will be completed in the future is for the City to take the property from him. He observed that he likes his property the way it is. He is willing to be part of the plat if that is what the city requires to approve the plat, but the only reason he is willing to have this property developed is because he gets to pick his neighbors.

Councilmember Carpenter asked about finishing the street in the cul-de-sac if there is no curb, gutter or sidewalk installed. Mr. Larsen replied that the asphalt from the cul-de-sac will match the existing level on Gillman Lane. Councilmember Bayless asked if Mr. Christensen was comfortable with the loss of his sheds. Mr. Christensen replied that he will need something to put his stuff in, but they have negotiated amicably to this point and he sees no reason for this situation not to continue. Mayor Ellertson asked Mr. Christensen if he was willing to sign the plat to dedicate the corners and remove the sheds. Councilmember Bayless explained that the property originally belonged to Mr. Christensen’s parents and these sheds are the original farm outbuildings. Mr. Christensen commented that two of the sheds are almost removed already.

Mr. Dameron asked if Mr. Christensen was willing to consider finishing the improvements inside the cul-de-sac. Mr. Christensen replied yes. It was noted that the improvements inside the cul-de-sac will be placed outside of Mr. Christensen’s remainder parcel, except for in the two corners that Mr. Christensen is willing to dedicate. Councilmember Acerson observed that he felt that the improvements are needed inside the cul-de-sac, but there does not need to be improvements finished now on Gillman Lane. Councilmember Carpenter clarified that the subdivision will consist of four lots now, instead of five. This was confirmed.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY BRYAN FERRE FOR APPROVAL OF ROYAL COURT, PLAT "A," A FOUR-LOT SUBDIVISION AT 450 WEST GILLMAN LANE AS PRESENTED EXCLUDING WHAT IS CURRENTLY LISTED AT LOT 5, WITH THE FOLLOWING CONDITIONS:
1. THE DEVELOPER IS RESPONSIBLE FOR CONTINUING THE CURB, GUTTER, AND SIDEWALK ALONG LOT 5 AND COMPLETING ALL IMPROVEMENTS IN THE CUL-DE-SAC AREA.
2. MR. CHRISTENSEN CONSENTS TO SIGN THE PLAT DEDICATING THE PROPERTY NECESSARY TO COMPLETE THE STREET AS SHOWN.
3. A BOND FOR THE COMPLETION OF A STANDARD STREET CROSS SECTION FOR THE FRONTAGE ON GILLMAN LANE WILL BE SUBMITTED TO THE CITY.
4. THE PLAT WILL SHOW THE BUILDABLE ENVELOPE FOR LOT #3.
COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Review and Action - Temporary Zoning Ordinance - R2 Overlay Zone (#2004-9). The City Council has had an item scheduled for public hearing to amend the R2 Overlay Zone ordinance for the past two meetings. It is now evident that additional time will be required to develop the amendment. This temporary zoning ordinance will prohibit the acceptance of applications and site plans for a period of not more than six months.

Mayor Ellertson observed that it has been discovered after some study, that it will take longer to develop the amendment. The City Attorney has recommended that the Council enact a temporary restriction to allow the additional time needed.

COUNCILMEMBER BAYLESS MOVED TO APPROVE ORDINANCE #2004-9, ADOPTING A TEMPORARY RESTRICTION WITH RESPECT TO THE ACCEPTANCE OF APPLICATIONS AND SITE PLANS UNDER LINDON CITY CODE CHAPTER 17.46. R2 OVERLAY ZONE, FOR AT MOST SIX MONTHS PURSUANT TO UTAH CODE ANN. SECTION 10-9-404. COUNCILMEMBER BATH SECONDED THE MOTION.

Councilmember Carpenter asked if the amount of time the amendment has been delayed already needs to be taken off the total amount of time allowed by adopting this ordinance. Mr. Dameron replied that this ordinance takes effect as of the date of adoption and that the six months begins at that time.

ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Review and Action - Resolution to Adopt the MAG Pre-Disaster Mitigation Plan (#2004-12). The City Council will consider approving this resolution which adopts the Mountainland Association of Governments Pre-Disaster Mitigation Plan and makes the city eligible for FEMA post-disaster mitigation funds.

Mr. Dameron presented the "book" entitled Mountainlands Association of Governments Pre-Disaster Mitigation Plan and explained that each entity that is a part of the Mountainlands Association of Governments has to adopt the plan to be eligible to receive funding for disasters. Councilmember Carpenter asked if the Plan obligates the City to do anything. Mr. Dameron replied no. Mayor Ellertson observed that the plan provides assistance to individuals as well as cities.

COUNCILMEMBER ACERSON MOVED TO APPROVE RESOLUTION #2004-12, ADOPTING THE MOUNTAINLAND ASSOCIATION OF GOVERNMENTS PRE-DISASTER HAZARD MITIGATION PLAN AS REQUIRED BY FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (5-0).

5. Review and Action - Bid Award - Street Rehabilitation Projects. Request for bids have been properly advertised and received for the construction of the 2004 Street Rehabilitation Projects. The low bidder is Geneva Rock, Inc. in the amount of $114,903.60. This firm has an excellent reputation and staff recommends awarding the contract to Geneva Rock, Inc.

Councilmember Carpenter commented that he was pleased to see how close the engineers estimates were to the bids submitted. Mr. Dameron observed that, after the scrutiny by the Council of the last bid, the engineers specifically wanted to bring attention to items #17a and #17b, and #24. He pointed out that the engineers estimate is $2,277.00 and the low bid is $569.25 for items #17a and #17b. He added that the engineers have suggested that this item can be dropped from the bid. Councilmember Carpenter asked if dropping the item would affect the project. Mr. Dameron explained that this item is a "rumble strip" along the walking path on the side of the street. This walking-path-in-lieu-of-sidewalk is intended for school children attending school at Lindon Elementary. Councilmember Bayless asked why the rumble strip should be given up when it is going to cost less than the engineers originally estimated. Councilmember Bath added that this is an important safety feature.

Mr. Dameron observed that item #24 is the placement and compaction of road base on the shoulders of the street. The engineers have suggested that city crews may be able to do it for less. Councilmember Bayless asked if there are other, more important, places for employees to spend their time. Mr. Dameron replied that the public works employees have no shortage of work.

COUNCILMEMBER BAYLESS MOVED TO ACCEPT THE BID FOR $114,903.60 FROM GENEVA ROCK AND AWARD THE 2004 STREET REHABILITATION CONTRACT INCLUDING THE ITEMS DISCUSSED TO THEM. COUNCILMEMBER BATH SECONDED THE MOTION.

Mayor Ellertson asked about the two types of rumble strips. Mr. Dameron explained that #17a is "milled" rumble strips that are cut into the finished surface. #17b is the "rolled strips" that are placed on the hot surface. He observed that the engineers recommend option #17a. Mayor Ellertson suggested that there may be some value in offering the employees the option of choosing whether they would like to do some of the work themselves. He also asked if installing rumble strips might have some future bearing on the construction of pathways, and if possible the city should investigate purchasing the machine. The Council discussed the Mayor’s suggestions.

COUNCILMEMBER BAYLESS MOVED TO EXPAND THE ORIGINAL MOTION TO INCLUDE THE OPTION #17A AND #24 ONLY UPON STAFF’S REVIEW OF THE AVAILABILITY OF A MACHINE AND THE WILLINGNESS OF EMPLOYEES TO PERFORM THE WORK. COUNCILMEMBER BATH SECONDED THE AMENDED MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Review and Action - Qwest Wireless Assignment to Verizon Wireless. The City Council will consider approving a request to assign the agreement between Qwest Wireless and Lindon City for the cell tower on the upper City Center Park to Verizon Wireless. Qwest Wireless has entered into an agreement with Cello Partnership, dba Verizon Wireless to sell all its wireless assets.

Mayor Ellertson commented that this assignment reflects the recent changes in the wireless communications business. He asked if this tower will now provide coverage to Verizon customers. Councilmember Bath replied that he had asked Verizon that question and had been told that those options are not discussed with the public. He wondered if the City could expect an answer on the expectations for the quality of service. The Council examined the request and found that Verizon expects to close on or before September 21.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY QWEST WIRELESS LLC FOR APPROVAL OF AN ASSIGNMENT OF A LEASE/AGREEMENT TO VERIZON WIRELESS WITH THE CONDITION THAT LINDON CITY RECEIVE ASSURANCES OF BETTER RECEPTION AND COVERAGE, AND IMPROVED SERVICE. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR, EXCEPT COUNCILMEMBERS BATH AND HATCH. THE MOTION CARRIED.

Councilmember Carpenter asked Councilmembers Bath and Hatch about their reservations to approving the request. Councilmember Hatch replied that he does not like signing something without understanding the intent of the document. He felt that the Verizon representatives should be present to answer questions. Councilmember Bath agreed. Mayor Ellertson observed that Verizon had applied for and been approved for a tower near this one that had never been built. He suggested that either a document or representative that explains the utilization of the tower and if it will improve coverage is needed. Councilmember Carpenter confirmed with the dissenting Councilmembers that they were not prepared to approve the request in the absence of more information and without a representative to answer those questions. The Councilmembers agreed.

COUNCILMEMBER CARPENTER MOVED TO REOPEN THE QUESTION. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER BATH MOVED TO TABLE THE REQUEST BY QWEST WIRELESS, LLC FOR APPROVAL OF AN ASSIGNMENT OF A LEASE/AGREEMENT TO VERIZON WIRELESS UNTIL CLARIFICATION OF THE INTENT OF THE USE OF THE TOWER AND WHETHER COVERAGE WILL BE EXTENDED IN LINDON IS EXPLAINED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The presence of Brad and Kara Pittman were noted. Mr. Pitman asked about progress on his request. Mayor Ellertson replied that there had been no progress. Mr. Dameron commented that the ordinance requires a bidding process be used to dispose of City-owned real property. He suggested that an ordinance be considered that would allow adjacent property owners the first right of refusal. The Council discussed the slowness of response from the forest service. Mayor Ellertson added that there are several issues pending on this parcel that need resolution. Mr. Dameron suggested a letter to the forest service might be appropriate. Mayor Ellertson agreed. He asked the Pittmans to continue to have patience.

Councilmember Hatch reported on a meeting of the Provo Bench Water Users. The water users decided to send out an assessment of $46, but the notices sent only say $40. Corrected notices will be coming and the difference is due.

Councilmember Bayless asked about the next step on the Stone application. The Council discussed this unusual request for a home occupation. Councilmember Bayless noted that the Forest Service is holding an event at Dry Canyon on September 16. She observed that the League of Cities and Towns meetings are the same day. There was a discussion of offering support and resolving time conflicts. She passed along a resident’s appreciation for Public Works Director Don Peterson. He had reportedly made an impression with his efforts and attitude. She asked a question about a letter in the staff report on the Provo River Parkway. Mr. Dameron replied that they were requesting a letter of support from Lindon on this project. Councilmember Bayless reported that there had been a discussion during the R2 Overlay Committee meeting about changing the Project Tracking List request process. The Council discussed the concerns raised about this process. Councilmember Carpenter observed that the Council requests a hearing on controversial projects. He explained that the Planning Commission is an appointed body and that the scrutiny of elected officials is needed to take into account the spirit and intent of ordinances as adopted. It was decided to examine the language in the code allowing the Council final approval.

Councilmember Bath asked about Judge Bullock’s health. Captain Cody Cullimore reported that he had been on bed rest, but was starting to get around. He would be returning to work soon. Councilmember Bath asked Captain Cullimore if he had anything to report. Captain Cullimore replied that he had a couple of things to bring to the Council’s attention. One is the change from the DARE program to the NOVA program at the elementary schools. It has met with excitement at the District and local levels. He explained that the NOVA program covers more than drug education; it also covers gangs and violence education. He observed that the program is less expensive, and gives more time for the officers to work with the kids. The company that produces the materials is a nonprofit organization, where DARE is a for-profit company. The Council asked when this program would be implemented. Captain Cullimore replied that the program started today in local schools. The Council asked for an outline of the program.

Captain Cullimore reported that the police department has made an agreement with L.A.W. Publications to provide crime prevention and educational literature for the public at no cost to the City. The publisher will be contacting local businesses for sponsorship funding to print the pamphlets, coloring books, and other literature. He reported that Alpine City has had good results with the program. He asked if the City Hall could be used as a distribution point for the literature. The Council asked questions about the materials and gave permission to set up a literature rack in the lobby. Mayor Ellertson asked for samples of the information available.

Captain Cullimore offered the services of the Pleasant Grove/Lindon Police Department Honor Guard for city functions. The Council invited the Honor Guard to present the colors at the next Council meeting. Councilmember Acerson asked about traffic at the new Wal-Mart. Captain Cullimore reported that the current traffic situation seems to be under control and there have, as yet, been no accidents. He added that the only calls have been for shoplifting. He observed that the management and security have been good to work with the police department.

Councilmember Acerson noted the League of Cities and Towns semi-annual conference coming up next week. Plans for the conference were discussed. It was noted that Mayor Ellertson would be honored on Friday night. He asked for specifics about the proposed strip mall on the Wal-Mart corner. Councilmember Bayless reported on the presentation to the Planning Commission. Councilmember Acerson asked about this month’s engineering meeting. It was noted that the next meeting was scheduled for September 29.

Councilmember Carpenter reported that the neighborhood on 900 East has been experiencing some speeding again. He added that the complaints had been mentioned in the last engineering meeting and the speed trailer had been placed there briefly. He suggested a location for the speed trailer than would more likely give a better representation of the actual speeds. He asked for more patrols and a follow up on information from the speed trailer. The Council discussed the troublesome areas for speeding in town and Mayor Ellertson asked for more patrols in these three or four "hot spots."

Mayor Ellertson asked if the city had heard from the County on the North Pointe Animal Shelter. Mr. Dameron was not sure of the current status of this application. Mayor Ellertson commented that the County Commissioners had approved the submittal of water shares for the plat at their last meeting. He expressed concern that the County had not secured participation agreements from the north county cities before getting to this point. Councilmember Acerson commented that the LDS Church is looking for new chapel sites in southeast Lindon. He reported that they seem to favor the Walker parcel below the canal and that there has been some talk about the savings on earthwork going to the construction of a bridge across the canal at Main Street. Mayor Ellertson commented that another possibility for this bridge are the plans to enclose the Murdock Canal. The Council discussed progress on this project. Councilmember Bayless asked about tickets to UVSC’s Presidents Ball. The date of this event and those planning to attend were discussed.

Mr. Dameron:
1. Asked for requests from the Project Tracking List. The Council requested a review of the Meadow Court and the Lindon Retail Center projects if approved by the Planning Commission.
2. Noted that the purchase of a parcel bordering the Public Works yard on the west and north has been negotiated. This parcel contains about an acre and will appear on the Project Tracking List as Public Works, Plat B.
3. Announced the hiring of the new Assistant Treasurer, Dona Haacke of Wallsburg.
4. Informed the Council that the recycling signups are now at 249 homes. He added that Mr. Gordon Raymond, BFI, has said he will send a letter outlining the costs for recycling and a request for contract extension.
5. Pointed out a copy of a complimentary letter in the staff report addressed to the Council.
6. Reported that the Planning Commission will be discussing the amendment to the non-conforming uses ordinance at their meeting tomorrow. It will then be advertised as a public hearing and set for a Council agenda in October.

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

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 9:54 P.M. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - September 21, 2004