The Lindon City Council held a regularly scheduled meeting beginning with an Information Meeting at 6:00 p.m. on Tuesday, September 21, 2004 in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor

PRESENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember (excused 6:55 p.m.)
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

INFORMATIONAL SESSION - 6:00 P.M.

The Mayor and City Council will meet with neighborhood residents, adjacent to 300 East between Center Street and 200 South, and Jeremy Stone to disseminate information concerning a proposed home occupation request and the city’s normal ordinance procedures pertaining to home occupations.

The meeting began at 6:06 p.m.

Mayor Ellertson explained that this is an informational session that has been scheduled to continue the discussion of a home occupation associated with a proposed home at 254 East 70 South. He noted that the intent of this session is to try and find information and answer residents’ questions. He suggested that the discussion start with Planning Director, Kevin Smith, explaining the city’s ordinance and process for home occupations.

Mr. Smith distributed copies of the home occupation ordinance and explained that he would start by describing the home occupation and then relate these businesses to accessory buildings. He encouraged the audience to ask questions if they desire. He observed that the ordinance provides five major requirements to qualify a home-based business as a home occupation. He noted that Lindon presently has about 360 home occupation businesses, which equates to about one in five homes. These businesses range from home offices for construction businesses and consulting businesses to wood shops and other light manufacturing. He observed that these businesses operate in a room of the home, a basement, or an outbuilding or garage. If a business can meet the requirements of the code, then they are considered appropriate to operate as a home occupation. These businesses are required to renew their license yearly, and the code gives the Planning Director authority to review these businesses for their compliance with these requirements. Home occupations are also a conditional use that can be reviewed upon a complaint. He explained that only last week, he had received an application for a preschool for twelve children. He had felt some concerns about traffic, drop off and pickup of children, and so had scheduled a review of the home occupation in a Planning Commission meeting. This particular home occupation being discussed tonight had also raised some questions and the Planning Commission had reviewed the application and approved it because they felt that the requirements had been met.

Mr. Smith explained the requirements of a home occupation. He explained that the primary requirement is that a home occupation cannot change the residential character of a home or a neighborhood. The second requirement is to obtain a home occupation permit. He explained that a home occupation cannot be a burden to the neighborhood. He noted that he gets about two to five complaints a year about home businesses and that the complaint is almost always about parking, or an occasional second complaint is noise. The procedure is to talk to the homeowner and inform them of the requirements. If the situation cannot be fixed, a home occupation permit can be revoked. The Planning Director is allowed to issue a home occupation permit if the business activity strictly adheres with a list of requirements that deal with the square footage of the home used for the business, external visibility of any activity, employees, traffic and parking. He explained that neighborhood residents or visitors can drive by a home and not be able to discern that a home occupation is being operated there. The final requirement is an adjuration to the business owner to remember to be a "good neighbor." It allows the Planning Commission to review a business if there are complaints, and either place conditions to bring the business back into compliance, or revoke the permit. He observed that some businesses in the past have outgrown the home operation and have moved. He noted that Lindon’s large lots attract home occupations in accessory buildings.

Mayor Ellertson thanked Mr. Smith for his presentation. He explained that the essence of the ordinance is not to allow commercial operations in a residential area, but to limit the operations to those that do not draw attention to the fact that a business is being operated at that location. He observed that any business that applied for a home occupation permit must meet the requirements and that not just any business can operate under those restrictions. He asked if there were any questions on the home occupation procedures or requirements.

Mr. Brad Mortensen of 118 South 300 East explained that he had been studying the ordinance and had few questions. He quoted from the ordinance that the use must be "clearly customary." He suggested that a customary use in Lindon is horses and other farm animals and not snakes. He also pointed out that a home occupation permit must be obtained and asked if a permit can be obtained before a home is constructed. He noted that this business will be operated in an accessory building that will be constructed before the home and wondered if operation can commence before the home is built. He pointed to the size of the accessory building and expressed the opinion that it is a "commercial building in a residential area." He suggested that clause (5) of the ordinance restricts a home occupation to operate in less than 500 square feet or 25% of a home and property. He commented that he does not have any idea how large the accessory building will be, but that from all indication, the building will dedicate about 7,000 square feet to this business. He also suggested that there should be a limit on the size of the business as far as how many snakes can occupy this building. He pointed out that if he put up a barn that hid the horses he owns, the number cannot be counted and verified. But if he had more than two horses, he would be cited according to the animal ordinance. His other issue on the building capacity is if there is a major disaster. He expressed concerns about the safety of the neighborhood if an earthquake disturbs the building and these snakes escape to seek prey.

Mr. Larry Mitchell of 164 South 300 East explained that he has no objection to Mr. Stone’s plans to operate his business. He commented that the snakes are non-venomous and small. His objection is the size of the accessory building and the zoning. He noted that a two-story building of 40 X 75 will hold 6,000 square feet. He felt that this is more square footage than the house. He asked if there were regulations about an accessory building facing a different street than the house and the location of the accessory structure in relation to the house. He felt that the building was overlarge for the number of snakes that will be housed in it and asked if this structure may be too large for a residential district. He did not think it seemed reasonable to expect this large of a building and business to only have one employee. He cited his experience with the City of Beverly Hills as Planning and Zoning Director as the impetus of his questions about the use of the building and whether the size is needed or wanted in this neighborhood. He felt that there should be controls on the size of the building and its location. Mayor Ellertson verified that the code does not allow an accessory building larger than the home. Mr. Smith confirmed this statement. Ms. Kara Stone informed the Council that the home would be larger than the shop. Mayor Ellertson asked about the timing of business commencement and the issuance of a home occupation permit. Mr. Smith replied that a home occupation permit cannot be issued until there is a home occupied. Mr. Stone commented that he would not be commencing operation or moving any of his animals there until the home is occupied.

Mr. Corey McBride of 119 South 300 East commented that he does not oppose the home occupation. He admitted that he did oppose the business when he first heard of the plans, but, after his visit to the current operation, has been impressed with the Stone’s professionalism. He also interviewed the neighbors of the current operation and has asked specific questions about problems. He reported that all the neighbors he talked to were complimentary even though some harbor fears of snakes personally. He suggested that there would have been no issues raised at all if this business had any other kind of animal except snakes. He commented that Mr. Stone does not ask people to change their opinions of snakes, but takes precautions to see that the animals do not escape and are watched closely. He suggested that one Lindon resident’s beehives may be more dangerous than Mr. Stone’s snakes. He expressed the opinion that Mr. Stone has been unfairly treated because of some neighbors’ fear of snakes and encouraged tolerance.

Mr. Brandon Dupuis of 313 East 170 South commented that he has does not have a lot to add to the comments that have already been heard, but he wanted to voice his opinion as a member of this neighborhood. He agreed with Mr. McBride on his assessment of a potential nuisance or lack thereof. He also feels that the snakes will not cause any "grief." He commented that this is "not a shopfront situation," and encouraged the neighborhood to "drift to the side of liberty" and let this business go ahead. He suggested that unless it has been proven that this business will cause a public nuisance or create overt commercial activity, it should be allowed to operate. He expressed support and urged the Council to "err on the side of liberty and property rights."

Mr. Clay Frandsen of 106 South 300 East informed the Council that he was the "one that started this whole mess," and that he was sorry now that it had gotten out of proportion. He explained that his intentions were reasonable, and were based on what he had heard about what was being built. He commented that he does not like snakes personally, but agrees to Mr. Stone’s right to choose his business. He observed that his main concern is regulation of the business. He commented that the State Division of Wildlife Regulation (DWR) would be here tonight to address this issue and now he understands that the DWR does not have regulatory authority. He added that he has no objections to the Stone’s as neighbors, but he does have objections to snakes. However, if the business fits the City Codes, it fits. He expressed concern about the number of snakes and the size of the building. He suggested that the size of the building suggests a commercial operation and not a home occupation. He felt that he has not treated the Stone’s unfairly, but has done what he felt needed to be done to make sure that the neighborhood’s voices would be heard. He noted that now the decision lies with the Council and it is time to "go on with our lives."

Mr. Wayne Johnson of 33 South 200 East commented that he has lived in Lindon for forty years. He suggested that the ordinance allows for checks and balances; if a problem occurs, then the business will be reviewed. He felt that there would be no problems if it meets the requirements of the ordinance. Councilmember Acerson confirmed that the business is reviewable upon complaint.

Mr. Mitchell asked if there were controls on an accessory building being rented to someone else to operate their business. He pointed out that a building this size would be attractive. Mayor Ellertson replied that the new business would also have to meet the regulations. Mr. Smith added that the building cannot be leased to another business while the Stone’s are living there. A home occupation must be operated by the person living in the home. Mr. Mitchell commented that once the building is there, the property may be sold in the future and may attract attention from a new owner that has a business that may not be desirable. He suggested that some protections be provided against future overuse.

Mr. Mortenson asked if a letter from one of the neighbors would be part of the discussion. The Council verified that they each had a copy, were aware of the content of the letter, and it was being included in the deliberations.

Ms. Lisa Oliver introduced herself as a friend and neighbor of the Stone’s in Orem. She informed the Council that she had known and lived by the Stone’s for the last three years. She commented that the business was in operation when she moved in and that it has never been an issue for the neighborhood. She observed that the Stone’s are very good about what they do and you would not know the business was there. It is not noticeable. She observed that some would take her interest in this proceeding as a way to rid the neighborhood of the Stone’s, but this is not the case at all. She explained that the Stone’s are great neighbors and friends and she would "hate" to see that people are rejecting the business before they see what it is really like. She assured the Council that, regardless of the size of the building, the neighborhood will not know if there are snakes or boats inside. She suggested that the Stone’s will be a great asset to Lindon and the neighborhood, and they should be welcomed.

Mr. Smith mentioned that he had received a phone call from the Woods family and was asked to pass along a comment to the Council from them. He reported that they did not have a problem with the request. Mayor Ellertson suggested that the DWR question could be addressed now. He informed the audience that staff did make some calls to this State Department. Mr. Smith observed that he had been working with Mr. Stone to get the name of a contact at the DWR, but in the meantime, he had called the DWR on his own. His intent was to try and find some information on the regulations. He was told by Suzanne McClellan at this agency that the DWR does not regulate non-venomous snakes. These regulations are set by cities. Mr. Stone observed that he had been out of town or he would have replied to Mr. Smith’s calls. However, he asserted that the DWR does regulate and he quoted Administration Rule 57-3. He clarified that these regulations apply if a animal owner is operating outside of the law. He told the Council that he had been contacted to help the DWR on a sting of owners of illegal animals. He was asked how he had been approached to help with this sting. He replied that he was an active member of the Herpetological Society of Utah. Councilmember Acerson asked if his ownership of snakes is registered with the State. Mr. Stone replied no. He explained that he has an Orem business license. The DWR does not come in and inspect the premises on a regular basis, only on information of a public safety danger. He noted that the DEA has also inspected his premises on evidence of his power bill.

Councilmember Carpenter commented that there seems to be a misunderstanding on the use of the term "regulation." He observed that the term "enforcement" would be more accurate to describe what the DWR does with non-venomous snakes. The difference in the definition of the terms was explained. Mr. Stone observed that the DWR does have the authority to regulate his shipments of animals. He explained that an officer meets him at the airport to inspect the shipment before it is put on a flight and can confiscate any illegal animals. He also informed the Council that he had asked his veterinarian, Dr. Dobson, to come at 7:00 p.m. to explain the processes at the DWR. He explained that Dr. Dobson is a member of an advisory committee at the DWR.

Mr. Mortenson commented that it is the understanding of the neighborhood that Mr. Stone feeds his snakes frozen mice. He expressed a concern that Mr. Stone may raise mice for feed. Mayor Ellertson replied that if the business is approved, it must comply with the regulations. If at any time, it becomes a nuisance, the use can be reviewed. Mr. Stone noted that he generally does feed the adult population frozen rodents, but he does buy and feed certain species live rodents. He added that he is not in the business of breeding rodents and has never considered this business. Ms. Stone commented that they buy their rodents from two suppliers that live in Lindon now. Mr. Stone explained that he is installing a security system that will detect any movement inside the building. The cages are escape-proof, the doors are self-closing and have automatic locks, and a state-of-the-art security system will be operated. Mr. Stone added that if, in the remote case that a snake does escape, it would not survive in the outside. He explained that the snakes require a controlled environment.

Mr. John Roylance of 5344 Elkhorn Peak Drive, Riverton, told the Council that he also raises snakes. He asked the audience what their concern is if a snake did get out. He assured the Council and audience that the cages are escape-proof. He noted that these snakes are worth the price of a car and every precaution is taken to prevent their getting loose. Mr. Stone told the Council that he can assure the neighborhood that if they do find a loose snake, it will not be one of his snakes, but will more likely be an indigenous species.

Mr. Frandsen commented that a couple of pieces of information have been presented in this session that are contradictory to previous statements. He pointed to the question of regulation versus enforcement, and the fact that no live food is given to the snakes versus a seasonal feeding being used for certain species. Mayor Ellertson told the audience that this discussion would be suspended for the regular session.

The informational meeting was closed at 7:04 p.m.

REGULAR SESSION - 7:00 P.M.

Conducting: Larry A. Ellertson, Mayor
Flag Ceremony and Pledge of Allegiance: Pleasant Grove/Lindon Police Department Honor Guard
Invocation: Lindsey Bayless

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember (arrived 8:05 p.m.)
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember (excused 7:57 p.m.)
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

The Meeting began at 7:12 p.m.

PRESENTATION

The Little Miss Lindon Royalty will present to the City Council the awards they captured during the summer parade festivities throughout the area.

Mayor Ellertson expressed appreciation to the Police Honor Guard for their presentation of the colors. He commented that the Little Miss Lindon Royalty had been busy this summer representing our community in the various fairs around the county. He also acknowledged the parents of these young women who are called upon for support. Little Miss Lindon Savannah Bush and her attendants, Autumn Dowdle, Whitney Washburn, Janelle Matheny, and Hillary Merrifield, came to the front, thanked the Council for their support and presented the awards and pictures of the float to Mayor Ellertson. There was applause from the audience and pictures were taken for the newspaper. Councilmember Bayless commented that she appreciates the quality representation that is given to our community from the Little Miss Lindon ladies. She noted that she hears good reports from the other communities. Councilmember Bath agreed that a comment that stands out is a compliment on how well these young ladies handle themselves, their out-going personalities, and, of course, their beauty. He thanked them for a magnificent job of representation and that the community owes them a debt of gratitude. Mayor Ellertson thanked the girls and their families for coming and the great work they do. The audience again applauded the girls.

MINUTES

The minutes of the regular meetings of August 17, 2004 and September 7, 2004 will be reviewed.

The Minutes of the regular meeting of August 17,2004 were reviewed. The following corrections were made:
Page 2, Line 24: Add the phrase "Bath posed a question for Councilmember" before the name "Bayless." Add the word "and" before the word "asked."
Page 7, Line 33: Replace the words "having Pleasant Grove" with the phrase "being in a community that is across the street."
Page 7, Line 34: Delete the phrase "rather than across the street" after the word "fence."
Page 7, Line 35: Replace the word "conclusion" with the words "reason to conclude."

COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE MEETING OF AUGUST 17, 2004 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the regular meeting of September 7, 2004 were reviewed. The following corrections were made:
Page 3, Line 23: Add the names "the Wasatch Front Regional Council and the Legislature" after the acronym "UDOT."
Page 3, Line 33: Add the word "development" after the word "economic."

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE MEETING OF SEPTEMBER 7, 2004 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

Ms. Linda Nelson of 318 West 625 North and Ms. Nancy Zundel of 352 West 600 North came to the front and observed that they would like to address some issues raised at the last Planning Commission meeting. Ms. Nelson wanted to verify that the Council was still considering hiring a consultant. Mr. Dameron pointed out that the City had tried to hire a consultant. Ms. Nelson asked if there had been follow up with phone calls or if there was consideration of bringing in a planner. She felt that all the avenues to develop a consistent plan for the City should explored before "giving up." She noted that the meeting had been left at the point where the Commissioners had decided to just take pictures and noted that this is where they had started.

Councilmember Hatch observed that the City has had consultants before. Councilmember Bayless agreed and explained that the previous experience of the City with consultants has been that they try to put the City in a "mold that does not fit." She noted that, although there sometimes appears to be slow progress, and it is hard to be patient, it is a process that works eventually. She commented that she also shares Ms. Nelson and Ms. Zundel’s concerns, but assured them that progress is being made and it will resolve itself. Councilmember Carpenter observed that he felt that the response of the Commission was not to dismiss the idea, but to keep the project moving in some form–to keep the process going in the absence of having a viable consultant. Mayor Ellertson noted that a consultant asks what is important to the community and that the pictures will provide a base of information for the consultant. He assured her that progress will continue.

Ms. Nelson told the Council that she had left the Planning Commission meeting feeling that she was treated rudely and disrespectfully. The Council assured her that there must have been a misunderstanding and discussed the composition of the Planning Commission. Mr. Smith told Ms. Nelson and Ms. Zundel that he was working on contacting Mr. Chuck Klingonstein of the Utah Chapter of the American Planning Association to invite him to an October meeting. He also told them that the Commission would be hearing information from the Utah League of Cities and Town semi-annual conference at the meeting tomorrow night. Ms. Nelson expressed appreciation for the Council’s efforts in behalf of the citizens. Councilmember Hatch expressed appreciation for the interest by Ms. Nelson and Ms. Zundel.

MAYOR’S COMMENTS/REPORT

Mayor Ellertson commented that he had mentioned at the last meeting that the County had decided to put a referendum on the ballot concerning transportation. He noted that now the Commission has revised its decision and this item will not be on the ballot this November. Mr. Harlow Clark, newspaper representative, asked why there had been a change of mind. Mayor Ellertson replied that there were pending actions on the part of the State Legislature that would change and enhance the possibilities for transportation options, including transit. He noted that the County action would have just affected road improvements and did not include transit options. Mr. Clark asked if there would be a special election. Mayor Ellertson replied that this is a possibility for next spring after the Legislature meets.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Preliminary Plat - Lees Homestead Condominiums. This is a request by Joy Lee to change the formerly approved Lees Homestead six-unit R2 Overlay project into a condominium plat. The Planning Commission recommended approval with no conditions.

Ms. Joy Lee, applicant, came to the front of the Council Chambers. Mr. Smith displayed an aerial view of the neighborhood and explained that the Council and Planning Commission had approved two triplexes a few months ago. Ms. Lee has applied to change the project into a condominium plat. He displayed the proposed plat with the site plan superimposed over it. He pointed out the private home areas and the limited common areas. He explained that this action will allow the units to be sold. Mayor Ellertson asked if there were any questions.

Councilmember Bayless observed that the parcel that is behind the house has been removed from the project and is now a part of the house lot. She asked if the buildings had changed. Ms. Lee replied no. Councilmember Bayless asked Mr. Smith about a provision that prohibits parking in front of the buildings. Mr. Smith replied that the provision prohibits parking between the buildings and the street. He agreed that this plat changes the dimensions of the lots. Councilmember Bath asked a question about the common area. Ms. Lee explained that everything outside of the actual units would be common property owned and maintained by a homeowners association.

Mayor Ellertson asked if there was any chance that this driveway may become a city street. Mr. Smith replied that the driveway does not meet the standards and requirements to become a city street. The Council discussed whether the homeowners association would ask the City to take over maintenance of this drive. Councilmember Carpenter pointed out that the driveway has a drive approach that crosses a City sidewalk and that it clearly appears to be a drive rather than a street. The Council agreed. Councilmember Bayless asked how soon Ms. Lee would begin construction. Ms. Lee replied that she would start as soon as funding is approved.

COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY JOY LEE FOR LEES HOMESTEAD CONDOMINIUMS, PLAT "A," A SIX-UNIT CONDOMINIUM PLAT AT 190 NORTH 400 WEST. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Review and Action - Home Occupation - Jeremy Stone. The City Council will hear and act on the application by Jeremy Stone requesting approval of a home occupation involving the breeding of non-venomous snakes at 254 East 70 South. The Planning Commission heard the request and approved the home occupation.

Mayor Ellertson observed that the discussion would now return to the home occupation for Jeremy Stone. Mr. Stone introduced Dr. Yoeny Dobson, veterinarian. She informed the Council that she is the owner of the Riverwoods Veterinary Clinic and her specialty is exotic animals. She explained that she has worked with DWR on their Regional Advisory Council (RAC) and is a federally accredited and licensed veterinary doctor which allows her to certify animals for travel and international sale. She explained that she is also a wildlife rehabilitator. She commented that as a member of RAC, her concerns are the pets that escape and dilute or cause suffering to indigenous species. She explained that this is the reason for the regulation of elk farms–to stem the spread of chronic wasting disease.

Dr. Dobson told the Council that she has known the Stone’s for several years and observed both Orem locations where they have lived. She explained that one of her concerns as a specialist for exotic animals is that the pet owner have the financial means to take care of a sick animal and the special feeding needs of these animals. She reported that shelters call her when they have an abandoned snake, racoon, or other exotic animal. She told the Council that her other concern is that a species that escapes or is turned loose is not going to go out and procreate with the natural population. She informed the Council that Mr. Stone’s snakes are not going to survive in this cold area longer than two months. She added that Mr. Stone’s facility and care is one of the best that she has ever seen and noted that she has practiced in Florida, and New York. She assured the Council that Mr. Stone would be an asset to the community and that he is definitely an asset to the reptile industry.

Mayor Ellertson asked what regulations apply to the reptile industry. Dr. Dobson replied that there are a number of regulations that deal with abuse and cruelty. She reported that, as a federally accredited veterinarian and wildlife rehabilitator, she is obligated to report any violations. Conservation officers and shelters also have this obligation. She informed the Council that the Commission of International Trade has rules that deal with the trade in illegal, protected and endangered species. She explained that Mr. Stone’s sales of reptiles are generally from the Internet and he needs a permit to ship, which includes an inspection by a veterinarian or conservation officer. She suggested that the Council go to Mr. Stone’s facilities and see that he works hard to keep a clean facility with healthy animals. The Council thanked Dr. Dobson for her information.

Mayor Ellertson commented that the Council must now decide on the question of the home occupation. He noted that the Planning Commission had given the Council a recommendation and that a lot of information had been shared. He asked if there were any more questions.

Councilmember Bayless asked Mr. Stone what percentage of his sales are from the Internet. Mr. Stone replied that 95% of his sales are internet-generated. The remaining sales come from a local show at the State Fair. He assured the Council that there would be no local traffic to his home. Councilmember Bayless asked if the business could function with one employee on site at a time. Mr. Stone replied yes. Councilmember Bayless asked about feeding of live rodents. Mr. Stone replied that he feeds frozen rodents about 95% of the time and the only time live rodents are fed is to babies in the spring and early summer. Councilmember Bayless asked about the cage building portion of the business and noted that it cannot be noisy. Mr. Stone replied that it will not be noisy and that this is more of a hobby to build his own cages than a sales generator.

Mr. Stone commented that he can understand the concerns of the neighbors and assured the Council and neighbors present that he "will never have a dangerous animal in his possession." His only concern is that the neighbors will find a loose reptile and think it is his. He assured those present that his snakes will never be seen. He does not invite any outside interest in his facility and the only time the snakes are visible is when he does educational experiences for the public at other locations. He informed the Council that his snakes will not live outside of his controlled environment for any extended period and, in fact, would only live outside briefly in July and August. He told them that he has some of the most rare boas in the world and takes every precaution to safeguard them. He noted that there have been concerns expressed about the size of his accessory building and claimed that a barn with a horse will create more odor. He observed that his facility is kept very clean because leaving feces can cause harm to his expensive animals. He noted that some feel that he has tried to hide and be sneaky about his operation, but he feels that he has met the requirements of the ordinances and it was not meant to infringe on the rights of others. He informed the Council that he keeps about 78 female boas and about the same of ball pythons and that all offspring are sold every year. He noted that he has orders for next year’s offspring in advance. Mayor Ellertson verified that Mr. Stone understands that if the Council decides that the business meets the requirements of the ordinance, it is an ongoing process and will be reviewed, both annually for business license renewal and upon any complaints by the neighbors. He added that the building itself will also be reviewed and encouraged Mr. Stone to design the building to blend with the home and the neighborhood.

Councilmember Bayless noted that a concern had been expressed about the way the building is vented. Mr. Stone replied that the atmosphere in the building must be kept hot and humid and that the fans do not vent out in an effort to maintain this atmosphere. Mayor Ellertson urged Mr. Stone to always be mindful of possible impact on others.

COUNCILMEMBER BAYLESS MOVED TO APPROVE A HOME OCCUPATION FOR JEREMY STONE AT 254 EAST 70 SOUTH. COUNCILMEMBER HATCH SECONDED THE MOTION.

Councilmember Bath suggested a condition that if in fact Mr. Stone decides in the future to breed live rodents, the home occupation may be reviewed again by the Council. He asked Mr. Stone how long rodents are presently kept before feeding. Mr. Stone replied that the maximum time is 24-hours. Councilmember Hatch informed Mr. Stone that a Home Occupation Permit is a conditional use permit and that additional conditions may be required in the future. Mr. Stone indicated his understanding of this possibility.

COUNCILMEMBER BAYLESS ADDED TO HER MOTION THE CONDITION THAT A FUTURE REVIEW IS RESERVED TO THE COUNCIL IF MR. STONE DECIDES TO ADD THE BREEDING OF RODENTS TO HIS BUSINESS. COUNCILMEMBER HATCH SECONDED THE ADDITION OF THE CONDITION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mayor Ellertson commented that the next step is the building permit and recording the plat. He asked if Mr. Stone understood that the business cannot operate until the home is occupied. Mr. Stone indicated his understanding of this provision of the home occupation permit.

COUNCIL REPORTS:

Councilmember Hatch had no report for tonight.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION

Councilmember Bayless asked if Mr. Dameron had anything to report on the tracking list question clarifying the process of Council review of development applications. Mr. Dameron replied that the City Attorney recommends a change to the ordinance and that this amendment would be coming soon.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS

Councilmember Bath reported that there was nothing new to report from the police department. He noted that the School District Employees Association is planning a fund-raising yard sale for Friday and Saturday of this week. He assured the Council that a prior arrangement has been made with Deseret Industries to pick up any leftover items. He noted that the response from Verizon had been obtained and that the tower would be used for Verizon customers as suspected. He noted that there would be a change-over period. The Council discussed whether the lease agreement required the tower to allow for co-location. Mr. Dameron suggested a cover letter to the assignment of contract that would clarify that the original agreement is still in effect, including co-location and maintenance of the lights. Councilmember Bath asked about the signal light for 600 North. Mayor Ellertson replied that the counters are there to determine the warrants and that he had been told the lights would be installed within a month. It was also noted that the light on 700 North would probably be installed next year. Ms. Nelson commented that the amounts of traffic on 600 North were not meeting expectations. The traffic situation was discussed. Councilmember Bath asked about the time line for UTOPIA. Mr. Dameron replied that the first phase will be completed in the Spring or early Summer of 2005 and will include the business park and some residential. The whole town is expected to be constructed by 2006.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported that the Lindon Days Chairperson would like to give their report on October 5. Mr. Dameron confirmed the addition of this agenda item. Councilmember Acerson reported that the pothole was patched that he was going to report, but asked if there was a better solution to this ongoing problem. He noted that the hole was caused by the water situation at the Oak Canyon Jr. High Seminary building. The Council discussed the water situation.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS

Councilmember Carpenter was excused.

ADMINISTRATOR’S REPORT

Mr. Dameron:
1. Reported that there would be a meeting with Pleasant Grove City, in Pleasant Grove, concerning a common tax district tomorrow at 5:30 p.m. Those attending verified their schedules.
2. Noted that the Engineering Coordination meeting was set for September 29 at noon. Councilmembers Acerson and Bayless volunteered to attend.
3. Commented that the R2 Overlay Committee would also be meeting on Wednesday, September 29 at 7:00 p.m. Councilmembers Bayless and Carpenter were scheduled to attend this event.
4. Announced the Quarterly Coordination Meeting with Pleasant Grove City in Pleasant Grove on October 4 at 4:45 p.m. Councilmembers Bath and Acerson volunteered to attend.
5. Asked for requests from the project tracking list. There were discussions on the Lindon Retail Center, Ray Tuckett and Fieldstone projects. Councilmember Hatch noted that he would be out of town for the October 5 meeting.
6. Reported that the recycling signups had reached 257. It was noted that BFI is requiring 300 to begin the program.
7. Informed the Council that the amended non-conforming use ordinance will be reviewed again in the Planning Commission and would be scheduled for a public hearing in the Council for November.

Mayor Ellertson reported that Utah County has taken the steps to create the Special Service District for the animal shelter. He noted that more information will be coming soon. He also reported that the Memo of Understanding (MOU) on the title transfer of the Murdock Canal is progressing and that a copy will be forthcoming. He noted that the bill is in "markup" at the federal level and will be voted on in the next day or two. He added that the next step is the right-of-way with the ownership entity of the Aqueduct.

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

ADJOURN

COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 8:35 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - October 5, 2004