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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » Work Session--Jan 4, 2005
Work Session--Jan 4, 2005
The Lindon City Council held a regularly scheduled meeting beginning with a Work Session at 6:00 p.m. on Tuesday, January 4, 2005 in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.
WORK SESSION – 6:00 P.M.
The Mayor and City Council will hear a presentation by Andrew Jackson, Planner for the Mountainland Association of Governments, concerning a new “visioning” process called Wasatch Choices 2040.
PRESENT ABSENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott Dameron, City Administrator
Venla Gubler, Deputy Recorder
The Work Session began at 6:09 p.m. Mr. Andrew Jackson of Mountainlands Association of Governments (MAG) and Mr. Bob Terragno of Envision Utah were invited to give their presentation. Mayor Ellertson commented that he and Mr. Dameron thought it would be appropriate for the Council to see this information.
Mr. Jackson observed that MAG is working on an update to the long range transportation plan. He explained that this plan is updated every three to five years and that it is a continual process. This is the beginning of the next update. He explained also that this long range plan guides government policies concerning the transportation system, including highways, transit systems, trails, commuter rail and light rail systems. This allows prioritization of federal funding on a regional basis to the areas that will help alleviate or prevent congestion and channel growth. He observed that this plan is fiscally constrained and no funding may be awarded to any project that is not included beforehand in this plan.
Mr. Jackson informed the Council that State law requires that all metropolitan planning organizations (MPO’s) whose boundaries touch must coordinate their planning. He noted that the MPO’s in this area are MAG, the Wasatch Front Regional Council, the four counties (Utah, Davis, Salt Lake and Weber) most affected by I-15, and the cities within these jurisdictions. He noted that MAG has amended their time frame for the long range transportation plan to synchronize with these other agencies. This allows the same population assumptions, safety issues, and other criteria to be used. He observed that a new approach to this planning process is the use of the local communities’ general plans to determine the land use assumptions, and the use of the workshop process to garner citizen stakeholder participation. This helps the agency to determine where the population will live and where they will travel to work and shop. It helps to determine growth patterns and the effect of these growth patterns on transportation. It also helps to ascertain how a decision made in one community affects the neighboring communities. He noted that Envision Utah will be facilitating the workshop “visioning” process.
Councilmember Acerson asked how this local planning process may influence the federal aspect and how it would be of value to them. Mr. Jackson replied that the federal agencies rely on the projections determined by this study to forecast compliance with such standards and regulations as clean air and other environmental consequences. Mayor Ellertson commented that anything done on a regional basis will affect the local roads because they all interact.
Mr. Dameron asked Mr. Jackson to explain to the Council the study that had been done for Provo. Mr. Jackson informed the Council that BYU and the National Science Foundation had created a computer-generated optimization model to determine if population estimates are accurate. He explained that this program found that that although Provo had determined a build-out population of 160,000, the build-out is really 110,000 based on the current general plan. This allows cities to adjust sewer, water and other projected civic needs to a validated model. Mr. Dameron asked if this model can be transferred to other cities. Mr. Jackson replied yes. He explained that reliable population numbers affect projections on commuting, jobs, air quality and many other areas. He added that the current projections are predicting about a million people in Utah County by the year 2040.
Mr. Terragno was asked to explain Envision Utah’s role in preparing this update to the long range transportation plan. Mr. Terragno replied that he would like to explain the term “visioning.” He explained that this is the process of formulating scenarios of future growth and development through the workshop method. He observed that this is a process used by the military, business and research to understand what the future may hold. It determines possible outcomes. He noted that this is a “bottom-up” approach that coordinates the public with cities, counties, MPO’s, and the State and Federal Government. He noted that this project will involve a four county region and a more coordinated approach. He commented that the reason they are here tonight in Lindon is to solicit participation from the public and the local communities. He assured the Council that there is local government oversight built into the process and technical advisory committees also, so that nothing threatens local control. It is only intended to weigh the regional effects and establish a credible sense of the future.
Mr. Terragno explained that a flaw of previous plans is that they were building tomorrow on yesterday’s plans. There They are hoping that this new process will avoid that situation and allow the development of scenarios that can be compared to quality of life outcomes. Questions will be posed, such as “which is the most efficient,” “what creates more jobs,” “what minimizes congestion,” and “how does this affect jobs, air quality, water use, open space, housing, traffic and land consumption.”
Mr. Terragno informed the Council that thirteen workshops are planned for the next few months and Lindon City stakeholders are invited to attend either one in American Fork on February 24, or in Orem on March 1. He asked the Council’s help in formulating an invitation list. He noted that a “preferred scenario” will be developed and brought back to Lindon for additional suggestions and changes to correct anomalies, and either create opportunities for land use changes by the City or validate the land use decisions already made. He asked if there were any questions. Councilmember Bayless verified the dates of the workshops. Mayor Ellertson commented that it may be beneficial to have Lindon participants at both meetings and asked for a recommendation on numbers. Mr. Terragno replied that they would like a net of 45-50 people from Lindon and noted that refreshments will be offered. He thanked the Council for their time. Mayor Ellertson thanked Mr. Jackson and Mr. Terragno for their presentation.
The Work Session was closed at 6:45 p.m.
REGULAR SESSION – 7:00 P.M.
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson
Invocation: Jeff Acerson
PRESENT ABSENT
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, Deputy Recorder
Don Peterson, Public Works Director
Dave Thurgood, City Engineer
The meeting began at 7: 00 p.m.
MAYOR PRO-TEM RECOGNITION – In 2004, the City Council approved a procedure for the rotation of the Mayor Pro-Tem duties among the Council members. Councilmember Bruce Carpenter assumes these duties for the first quarter of 2005.
Mayor Ellertson explained to the public that a rotation process for appointing the Mayor Pro Tem had been instituted by the Council the previous year. This first quarter of the New Year, the rotation falls to Councilmember Carpenter. The Council would like to acknowledge and recognize this appointment.
MINUTES – The minutes of the regular meeting of December 7, 2004 and the special meeting of December 8, 2004 will be reviewed.
The Minutes of the regular meeting of December 7, 2005 were reviewed. The following corrections were made:
Page 4, Line 32: Replace the words “the y” with the word “they.”
COUNCILMEMBER ACERSON MOVED TO APPROVE THE MINUTES OF THE MEETING OF DECEMBER 7, 2004 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Minutes of the Special Meeting of December 8, 2004 were reviewed. There were no corrections.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF DECEMBER 7, 2004. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT WERE VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION – Citizen’s comments
Mr. Bob Tackleberry of 437 East 1000 South, Pleasant Grove, commented that since Pleasant Grove and Lindon share a police force, he would like to ask the local government for help. He noted an increased problem with road rage and suggested that the City invest in increased officers and a “photo cop” program. He commented that the program should not be directed at teenagers, but at the adults who create the problems. He also suggested that crossing guards obtain a video camera on a tripod to help bring offenders at school crossings to justice. He presented the Council with a copy of his recommendations to help solve these problems and also some recommendations to curb identity theft. He volunteered to present a series of seminars on identity theft to share information that he had learned with the citizens of Lindon. The Council thanked Mr. Tackleberry for his offer and suggested that he coordinate with Mr. Dameron.
Mr. Ed McGar of 730 East 100 North told the Council of his experience running for the State House. He said that “people are clueless” and “intimidated by the political process.” He volunteered to teach a 15-week series of seminars on the constitution and the political process and distributed a copy of his curriculum to the Council. He was also asked to check with Mr. Dameron.
Ms. Linda Nelson of 318 West 635 North asked for an update on the State Street architectural standards initiative. Mr. Smith reported that he had met with Mr. Soren Simonson and submitted a draft copy of the contract to Mr. Dameron and the City Attorney. He is hopeful to begin the process early in February. Ms. Nelson thanked the Council for following through and the Council thanked her for her involvement.
Ms. Nancy Zundel of 352 West 600 North asked about cars being sold at Country Cars, 159 South State Street. Mayor Ellertson replied that this business will be closing and moving upon the completion of the Low Book Sales business at 600 North State Street. Mr. Smith added that the location at 159 South State Street had been issued a Conditional Use Permit for auto sales that had been maintained for many years. He noted that one of the conditions of approval for Low Book Sales was their location at 600 North State could not open until the Country Cars business had closed. He noted that Country Cars is planning to move and their building is under construction in Pleasant Grove. Ms. Nelson asked if there was a limit on the number of cars. Councilmember Acerson replied that this issue had been discussed, but that the number is not clear. Mr. Smith observed that the business would be gone soon. Mayor Ellertson thanked Ms. Nelson and Ms. Zundel for their interest.
MAYOR’S COMMENTS/REPORT
Mayor Ellertson commented that the Council had held a work meeting earlier in which the Council was discussing the process of planning for the future of transportation in Utah. He observed that the process will improve the ability of Lindon to plan and invited the public to attend the workshops. He asked anyone interested in submitting public input to call Mr. Dameron for an invitation to the workshop.
Mayor Ellertson observed that Lindon is also continuing to move ahead on 700 North Street. He noted that Lindon is working with Pleasant Grove on a joint development area near I-15. He observed that the impetus behind this agreement is to have the two cities cooperating with each other rather than competing.
Mayor Ellertson commented that at the conclusion of this meeting, he would be resigning his position of Mayor to serve with the Utah County Commission.
CONSENT AGENDA – No Items
CURRENT BUSINESS
1. Review and Action – 700 North Street Right-of-Way Agreements. The City Council will review and discuss the proposed 700 North street right-of-way and easement agreements and take action as appropriate.
Mayor Ellertson observed that there are agreements for the five property owners involved in the 700 North right-of-way. He added that the agreements are similar, but slightly different to meet the needs of the individual property owners. Mr. Dameron reported that two of the agreements are signed by the property owners and he has indications that the other three will be signed soon. Mayor Ellertson asked if there were questions.
Councilmember Acerson asked the Mayor if he was comfortable with the “hard” date in provision 1.2. He asked if the funding is earmarked so this agreement is not jeopardized. Mr. Dameron replied that the financial advisors have assured him that the funding is imminent. Councilmember Bayless asked what would happen if problems occur. Mayor Ellertson replied that if this does become an issue, it can be renegotiated with the property owners. Councilmember Bath commented that he would prefer “not to be held hostage.” Mayor Ellertson replied that this date allows the City two years to complete the improvements.
Councilmember Acerson asked if there was an estimate of the potential crop value referred to in provision 1.7. Councilmember Hatch observed that there are a lot of variables in crop values from year to year. Mr. Dameron replied that it makes a difference of only a few hundred dollars because if affects such a limited area—only within the right-of-way. Councilmember Acerson confirmed that the differences in crop values are not significant. Mr. Dameron verified this assertion.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE STIPULATION AGREEMENTS BETWEEN LINDON CITY AND BOYD ANDERSON & SONS COMPANY, THE BLACKHURST FAMILY TRUST, NOAH CORPORATION, B. W. INC., AND LARRY P. BLACKHURST AS PRESENTED, AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENTS ON BEHALF OF LINDON CITY. COUNCILMEMBER ACERSON 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).
Mr. Dameron commented that this is the culmination of two years work. The Council acknowledged the Mayor’s hard work and persistence.
2. Review and Action – Interlocal Cooperation Agreement – Lindon City and Pleasant Grove City. The City Council will review and possibly act on the proposed Interlocal Cooperative Agreement with Pleasant Grove City concerning the use of federal funds available through MAG for the construction of roads on the northeast side of the new I-15 Interchange and Lindon’s 700 North street.
Mayor Ellertson asked if this agreement was ready to approve. Mr. Dameron replied that there was some refinement that needed to be done before approval. The Council discussed the proposed Interlocal agreement with Pleasant Grove.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE, TO THE NEXT REGULARLY SCHEDULED MEETING, THE CONSIDERATION OF AN INTERLOCAL AGREEMENT BETWEEN LINDON CITY AND PLEASANT GROVE CITY CONCERNING THE USE OF FEDERAL FUNDS FOR CONSTRUCTION OF ROADS WITHIN LINDON’S BOUNDARIES, SPECIFICALLY NORTHEAST OF THE NEW I-15 INTERCHANGE AND LINDON’S 700 NORTH STREET. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Design Review – Realignment of Lakeview Drive at State Street (Keetch-Schwartz Property). The City Council will further review the proposed realignment of Lakeview Drive through the Keetch-Schwartz property. New traffic studies have been submitted for consideration.
Mayor Ellertson commented that this item is a design review for a development south of Lakeview and west of State Street. Mr. Smith observed that notices had been delivered to neighbors and a sign had been put on the property to notify the public. He informed the public and Council that this application to change the alignment of Lakeview Drive was not initiated by the City, but by the developer. The City is receiving comment on this proposal. He presented an aerial photo of the subject property and the neighboring parcels. He explained that one proposal is to take Lakeview Drive, close the current access at State Street with a cul-de-sac, and turn it south to match the alignment of 200 North. He reported that the City’s traffic engineers have found both advantages and disadvantages to this proposal. He noted that this property has been zoned commercial since the 1960’s.
Councilmember Bayless suggested that since this affects the access from State Street, which is under the jurisdiction of UDOT, an explanation of UDOT’s position on access of State Street may help the public understand the proposal. Mr. Smith replied that UDOT is very particular about access to State Street, and all approaches must be approved by them. He indicated that the initial interview with UDOT resulted in a positive stance that a change to Lakeview would be more desirable for several reasons—that the repositioning would correct the angle of the street to 90 degrees and improve sight distances, the distances from existing traffic signals may allow a signalized crossing in the future, and it would possibly eliminate an unsafe entrance to State Street. The indication at that time was that they would accept either one or the other street access to State Street, but not both. The other possibility is a private access into the project.
Mr. Brigham Ashton, project developer, told the Council and audience that he had started with angling Lakeview Road from 200 North and rejoining the current alignment near the western property line. However, at the previous design reviews, neighbors had expressed concerns about speeds and sight distances from their driveways. A second proposal was developed that turns Lakeview at two 90 degree angles, which would slow motorists and brings the rejoining at the current alignment farther east, which increases sight distances from the homes’ driveways near the western property line.
Mr. Smith observed that the Planning Commission also expressed a concern about the proposed 50-foot right-of-way. He explained that Lakeview Road is currently a local street with a 50-foot right-of-way. He noted that 400 West street is a collector with a 66-foot right-of-way. He displayed the City’s street master plan and pointed out that this plan envisions a connection between the collectors of 400 West and 400 North through the largely undeveloped property on the west side of State Street. It was suggested that development may not occur that will allow this connection, and that Lakeview Drive may be used as an alternate connection through 200 North. The Planning Commission came to the conclusion that if the neighborhood is in favor of the proposal, the change can be made. Mayor Ellertson asked if the traffic engineers were favorable to increasing the width of Lakeview. Mr. Ashton replied that his engineers had found 50-feet sufficient to handle the anticipated volume.
Councilmember Bayless asked about the positioning of the cul-de-sac bulb on the potential end of Lakeview Drive. Mr. Ashton observed that the north-south section that he is proposing for Lakeview Drive rejoins the current alignment at a position that would not have vehicles shining their lights into the windows of the homes across the street, but would line up with the property boundary between the homes owned by the Childs’ and the Draper’s. He reiterated that the design with two right angles would also slow traffic before it rejoins the current alignment of Lakeview Drive.
Councilmember Bayless asked if the Childs had been consulted of the proposed changes. It was noted that Ms. Childs was in the audience and she was asked for her opinion. Ms. Angie Childs of 588 South 630 East, Orem, owner of the three parcels on the corner of Lakeview Drive and State Street, told the Council that she considers the frontage on Lakeview Drive part of the value of her parcels and would not like to see it “cut off.” She pointed out that there are two driveways into homes established there that would be denied access to Lakeview Drive. She asked why the City would consider closing Lakeview Drive for just the length of her property. Mr. Smith assured her that the driveways would still have access to the cul-de-sac; the change would affect the travel distance and convenience of the driveways from State Street. Mr. Ashton observed that he had signed and delivered a real estate purchase agreement to the title company for the Childs property and that this is, hopefully, a moot issue.
Mayor Ellertson asked if there was a problem with extending the cul-de-sac bulb further east and closer to State Street, which would not alter the driveway access to the Childs’ driveways. Mr. Smith observed that the City will maintain ownership of the Lakeview’s right-of-way and that access is not jeopardized. Councilmember Bayless commented that one of her concerns about limiting access on the Childs parcel from Lakeview is that this is creating a “deep” commercial parcel that may be detrimental to development. Mr. Smith indicated that there is a distance of 130-feet from the end of the cul-de-sac bulb to the edge of State Street. Mayor Ellertson asked about the possibility of UDOT limiting access from the Childs’ parcel to State Street. Mr. Ashton replied that there is an existing driveway to State Street on this parcel. He added that it was unlikely that UDOT would close this driveway and noted that he intends to make this parcel a part of his development, so there would be access from the development also.
Mr. Dennis Wheeler of 330 West 60 North told the Council that he uses Lakeview to access State Street. He pointed out that creating a “zig-zag” in Lakeview Drive would make it inconvenient and drive traffic to 40 South to access State Street. He commented that the only gain he can see is the possibility of a traffic signal, and if this is not forthcoming soon, there would be little advantage to moving the intersection. Mayor Ellertson asked if the developer had other options for his development. Mr. Smith replied that if Lakeview is not relocated, the developer would probably put a private drive through his development. Mr. Ashton agreed and noted that this is dependent on UDOT granting access for a private street. Councilmember Carpenter asked if UDOT was more likely to approve access for a public street than a private drive. The reply was yes.
Mr. Ashton observed that the current alignment of Lakeview Drive is not as safe as the proposed realignment. He pointed to the traffic engineer’s study and the comments favorable to realignment. Councilmember Acerson noted that the City Engineer concurs, but the increased safety is more likely in the future and the increase now is negligible. Mr. Robert Jensen of 655 West Lakeview Drive expressed the opinion that he feels that trying to access State Street from the proposed realignment will be more dangerous. He pointed out that the realignment will put the intersection in the middle of the hill where traffic is traveling faster. He suggested that leaving the intersection at the bottom of the hill allows motorists turning left from Lakeview onto State to have more time to see cars coming. Ms. Mary Brown of 778 West Lakeview commented that other maps proposed for this property show some of the commercial lots being used for multi-family housing. Mr. Smith replied that Lindon City ordinances do not allow multi-family housing in the General Commercial zone. There will be no housing. He noted that one lot is intended for an Assisted Living Center, which is allowed under the current ordinances.
Mr. Mike Marchbanks of 140 South 400 West informed the Council and audience that he is the owner of the parcel intended for the Assisted Living Center. He agreed that the residents may not see a traffic signal at the realignment at the present time, but there is a good possibility for the future. He reported that he had read the traffic studies where the sight distances were evaluated. The proposed alignment is safer, and the intersection must be lined up with 200 North to even allow the possibility of a traffic signal. He noted that he is a 50-year resident of Lindon and has seen a lot of changes too. He expressed concern about widening this alignment to collector width of 66-feet, however, because the rest of Lakeview is not built to handle the traffic that would be attracted to it. He observed that the “l-shape” of the road through the development would slow traffic further, and if it was a 66-foot road it may attract through traffic to access the freeway interchanges to the west. He added that there are plans for a trail along Lakeview and if the intersection is not moved, the trail will stop when it reaches State because there is no crossing at the current alignment and no possibility for a signal. Mr. Smith pointed out that the Planning Commission had not proposed to make Lakeview into a collector, just the section from State Street to 400 West to complete the collector system.
Councilmember Bayless invited Mr. Ashton to comment. Mr. Ashton observed that the least expensive option from his standpoint is a private cul-de-sac into the parcel, but that the discussion had gotten to this point because he was trying to find solutions that would benefit the City and the residents. He pointed out that the City’s trail seems to line up with his proposal. He added that what he honestly would like the Council to make a decision on whether he can move forward with his development plans.
Mr. Doug Christiansen of 363 West Lakeview expressed concern about the change in traffic patterns and how not to aggravate motorists so that they travel faster. He suggested that realigning Lakeview at its current position to adjoin State at a 90-degree angle may solve Lakeview’s safety issues without adding distance and additional turns.
Ms. Diana Schroder of 455 West Lakeview commented that she would like to see additional recreational opportunities for Lindon residents at this location rather than another commercial development. She would prefer a pool. She also suggested that it would be better to have two ways in and out of this area and that Lakeview is not wide enough to handle more commercial traffic and a trail. She pointed out that children live there and motorists already go too fast. She expressed favor of leaving Lakeview as it is and adding an additional access for the commercial development.
Mr. David Brown of 778 West Lakeview suggested that the realignment would create a “nightmare” to wend through to get home. It would be even more difficult when it was lined with businesses. He pointed out a potential for hazards and accidents.
Mr. Christopher Liechty of 540 West Lakeview suggested that there is no advantage to changing the alignment without a traffic signal to residents egress and ingress, but there is also no advantage to other travelers to use the road. He observed that the realignment may discourage traffic that goes through the area because it is not convenient. He asked if there were any ideas on the businesses that may occupy the development, and he asked for specifics about the trail.
Mayor Ellertson asked City Engineer Mark Christensen to address the traffic issues. Mr. Christensen commented that several of the observations made have been accurate. He observed that a difficulty exists at present making turns on and off Lakeview Drive from State Street. He observed that changing the alignment does not improve this situation for the short term. He added that as traffic on State Street grows, access to State Street from side streets will only get harder. The improvement lies in an intersection that lines up with a street across State Street that allows the potential of signalization. He acknowledged that this signalization may not happen, and is hard to guess because the amount of traffic crossing State Street needs to be significant to justify the signal. Mayor Ellertson asked if Mr. Christensen had an indication of UDOT’s position about opening a new access and leaving the current alignment of Lakeview Drive open. Mr. Christensen replied that he does not know the official position, but he is aware the UDOT likes to limit the accesses to State Street. Mr. Ashton commented that he had talked with UDOT on this matter, and they told him that they do not like two local streets within 600-feet of each other. Mayor Ellertson asked the distance. Mr. Smith replied that it is about 425-feet.
Mr. Ashton observed that a private cul-de-sac had been approved by UDOT for access to State Street in a version of development proposed for this property several years ago. However, this development proposal had been vacated and abandoned and may not be reapproved by UDOT. Mayor Ellertson asked Mr. Ashton how his development would change if both accesses are open. Mr. Ashton replied that it would probably not change, because his development would be better with access across the parcel.
Mr. Wheeler suggested that motorists entering State Street from the realignment, turning left and going north would have reduced visibility because of the hill. He asserted that moving the intersection up the hill would create more accidents. Mr. Christensen observed that the traffic study had found that the sight distances are reduced, but still adequate. He was asked the speed at which these sight distances were measured. He replied 55 mph. He pointed out that one advantage to left turners here is that they are traveling downhill so it is easier to accelerate to the speed of the traffic flow. Ms. Brown pointed out that turning right and accelerating up the hill is harder. She observed that if this realignment is approved, she will probably go to Geneva Road rather than try to turn on State Street.
Mr. Wade Welcker of 615 West Lakeview Drive suggested that having commercial access so near to an intersection creates problems similar to those experienced by patrons of Los Hermanos on State and 400 North. He pointed out that those turning left from the restaurant onto State Street are merging with head-on traffic that is turning left from State Street to 400 North. He suggested that this may be compounded by adding a trail crossing, but that if the trail does not continue through State Street to the park, it would be “worthless.” Mayor Ellertson noted that the next agenda item is a hearing to approve an application that may improve the crossing to allow the trail to traverse State Street. Ms. Brown pointed out that there is not any flat area at this location that allows vehicles to accelerate and asked to hear more about the trail.
Mayor Ellertson asked Mr. Ashton about the businesses he envisions in his development. Mr. Ashton replied that he is proposing small retail shops on Lot 3. There is the possibility of Utah-Idaho Supply expanding from their position on State Street back into this property and the Assisted Living Center. He informed the Council and audience that he had no inquiries on the other lots so far, but suggested that a restaurant may be interested in the parcel facing State Street.
Councilmember Bayless expressed the opinion that she would “feel better” knowing what UDOT will approve. She suggested that representatives of the City should go with Mr. Ashton to discuss the options. Mayor Ellertson asked Mr. Christensen if there would be gaps in the traffic from the nearby traffic signals on 400 North and 200 South that would allow vehicles entrance into the traffic flow. Mr. Christensen replied that there would be some, but that these gaps disappear over distance and there are other intersecting streets between the signal on 200 South and this location.
Mr. Nathan Diehl of 629 West 250 North asked if the City is still planning to require the street connection between 400 West and 400 North. Mr. Smith replied that this connection is still part of Lindon’s General Plan. He acknowledged that he is aware that there is a church building in this path, but the City plans years in advance. He noted that this section of roadway has been showing on the General Plan for years. He added that the City will be reviewing and updating the General Plan this year and the committee and City Engineers may or may not continue to recommend this section of street. He observed that the main reason that this section of street has continued on the General Plan to this date is because Lakeview is a local street and a connection for the collectors is needed.
There was discussion and some of the residents commented that they were not opposed to the realignment if a traffic signal could be assured. Mayor Ellertson observed that the City cannot assure a traffic signal. He informed the audience that State Street is under the control of UDOT. He noted that a traffic signal had been planned on 600 North with the construction of Wal-Mart, and the reason a signal has not been installed there already is because the intersection has not met UDOT’s warrants. There was a comment about someone dying before traffic signals are put in. Mayor Ellertson replied that UDOT determines lights on traffic counts and accidents, not deaths. He observed that there is a better chance for a light on 200 North if it becomes a full intersection. He suggested that those on Lakeview Drive consider the realignment a “traffic calming” situation. He observed that there will be less traffic because motorists cannot see along its length to determine where it goes and use it to get to the freeway. He pointed out that Mr. Ashton is trying to bring about a positive result for the residents of the city, rather than going for the cheapest solution. He suggested that the residents work with Mr. Ashton to find a solution that will work for the neighborhood. He also suggested that the residents drive reasonably and safely themselves and encourage other motorists around them to do the same.
Ms. Nelson observed that she lives on 600 North where Wal-Mart was built. She informed the residents present that her neighborhood had a “huge” disagreement about the amount of anticipated traffic, and have found since Wal-Mart opened that they have not experienced the increase they anticipated. She agreed that the idea of a cul-de-sac is inconvenient, but pointed out that it would also be inconvenient for burglars and fast cars.
Councilmember Acerson commented that he has dealt with developers and felt that the neighborhood was in an enviable position having someone that is willing to work with the City and the citizens. He suggested that the neighborhood may not find the next developer so willing to work with them, and that the options available will not change. He advised the neighborhood that this is a choice that they have to make and to weigh the consequences carefully, both long term and short term. He added that he thinks that the proposal should have further consideration.
Councilmember Bath informed the public that he has had 45-50 years experience in public safety, both retiring from a police agency and through association with the police. He acknowledged that he has had to “dodge” out of Lakeview Drive onto State Street himself and is very aware of its safety hazards. He observed that it is hard to accept and make changes, and he encouraged the neighborhood to consider the advantages. He pointed out that the realignment, as stated earlier, would discourage unwanted people from entering the neighborhood because they avoid places that are not familiar and that they cannot see through. He agreed that it would be more inconvenient, but it may be in their best interests. He noted that a traffic signal may not be in the immediate future, but there may be a new one at Center Street that will create breaks in the traffic. He expressed the opinion that he cannot see a lot of negatives to the plan, other than the change.
Councilmember Acerson commented that the problem of entering State Street would not be so dramatic if motorists would travel the speed limit. He encouraged residents to travel at the speed limit and send a message by example to other motorists to do the same.
Councilmember Carpenter agreed with the other Councilmembers and Mayor and added that this developer has demonstrated a willingness greater than usual to address the neighborhood concerns. He pointed out that the process is not done and the residents will have more opportunities to express their opinions. He noted that progress has been made and expressed interest in UDOT’s requirements.
Councilmember Hatch commented that he also would like to see what flexibility UDOT will offer. He added that he is not opposed to a road through this development, but is “leery” of closing Lakeview Drive. He observed that he lives on 40 South Street where there are no shoulders on the street. He expressed concern that 40 South may be used as an alternative access to State Street for through the neighborhood from 400 West and I-15. He commented that he has problems now entering State Street from 40 South, especially with a horse trailer on his truck. If residents cannot enter State Street on Lakeview, they will look for alternatives and it will increase traffic in other areas. He also expressed a concern about a traffic signal at this location in the middle of a hill in icy weather. He felt that this may create a dangerous situation where vehicles cannot stop.
Councilmember Bayless observed that the public has heard her concerns and opinions. She added that she does appreciate Mr. Ashton’s willingness to work with the City and neighborhoods. Mayor Ellertson suggested that the next step is to go to UDOT. Mr. Ashton asked if Mr. Dameron would be representing the City at this meeting. Mr. Dameron replied yes.
Mr. Griffith asked if a change in Lakeview would affect emergency response to the neighborhood. Mayor Ellertson acknowledged that this is a valid concern. Ms. June Smith of 165 North 400 West, commented that hearing that closing off Lakeview may make traffic less makes sense to her. She added that what seemed an obvious choice is now not so obvious. She agreed with the Council that the neighborhood needs to keep an open mind. Her concern is still on how to enter State Street and noted that it may send more traffic to 200 South to the traffic signal there, but it may be worth it.
Mr. Chandler Childs, son of Ms. Angie Childs, asked how the City would handle access to their property if Lakeview is closed and the sale to Mr. Ashton is not completed. He expressed concern about maintaining access to their parcel. Councilmember Carpenter assured him that maintenance of access would be required by the city. Mayor Ellertson suggested moving the cul-de-sac bulb farther east. Councilmember Bayless again expressed a concern that limiting access to Lakeview may affect the financial value of the Childs’ parcel. Mr. Childs agreed. Councilmember Bayless commented that the City cannot guarantee the maximum value of a parcel, but that they would like to preserve the value if possible.
Mayor Ellertson suggested that a good solution may be found by going to UDOT. Mr. Ashton indicated his willingness to explore the options. He commented that his hope is to find a solution within the next 30-45 days. Mayor Ellertson suggested that the Council continue this discussion at the next Council meeting after a meeting with UDOT.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE CONSIDERATION OF A DESIGN REVIEW OF THE KEETCH-SCHWARZ PROPERTY ON LAKEVIEW ROAD AND STATE STREET TO THE NEXT REGULARLY SCHEDULED MEETING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Ashton observed that he would be happy to sit down with any of the neighborhood residents that wish to discuss his proposal.
4. Public Hearing – Applications for Federal Enhancement Funds through UDOT. The City Council will hear comment and possibly act to approve an application for funding to install pedestrian lighting along State Street and an application for funding to construct a tunnel under State Street as part of the Timp-Lake Trail through the city.
Mayor Ellertson commented that the next item concerns the trails in Lindon and a possible application for federal funding.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARINGS FOR ITEMS #4 THROUGH #8 AS NOTED ON THE PUBLISHED AGENDA FOR TONIGHT’S MEETING OF JANUARY 4, 2005. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Council discussed the possibility of applying for federal funds to help make Lindon’s trails more user-friendly. Mayor Ellertson also noted that an application for funding may allow Lindon to install street lights on State Street and to install a tunnel under State Street to connect the trail system across this State Highway. He asked if there was any public comment.
Ms. Sandra Christensen of 363 West Lakeview asked for details of the tunnel and trail. Councilmember Bayless explained that it is the intent of Lindon City, with the assistance of Mountainlands Association of Governments (MAG), to complete the City’s multi-use trail system continuously from the shores of Utah Lake to the federal land access at the base of Timpanogos Mountain. She added that the proposed tunnel would also allow children on the west side of State Street access the Lindon City Center Park on the east side of State Street. City Engineer, Mark Christensen, pointed out the route of the trail along Lakeview Drive, then parallel to back property lines of parcels fronting on State Street, to the proposed tunnel location near 200 North and the Lindon City Center Park. He noted that the previous development item heard by the Council may realign Lakeview Road, and if approved, the trail will follow the realignment.
Councilmember Carpenter asked about the dimensions of the proposed tunnel. Mr. Christensen replied that the proposal raises the sewer level in State Street so that the top of the tunnel should be about seven to eight-feet below the current elevation. He noted that the elevation of the land on both sides of State Street falls away quickly and, although it has not been surveyed and calculated, he surmised that it may be possible to minimize the angle at which the tunnel surfaces. Councilmember Bath asked the height of the tunnel. Mr. Christensen replied that the tunnel would be constructed to ASHTO standards of about ten-feet high and six sixteen-feet wide.
Mr. Christensen noted that the trail system construction has been partially funded and obtaining funding for the crossing would allow the City to put in more of the trail system elsewhere. It would also allow the trail system to cross State Street where the trail system is planned to continue through the City park system. He observed that the next best solution to a tunnel under State Street is to cross State Street at the traffic signal on 400 North street. This would route west-side trail users north along State Street to the light and then back south on the east side of State Street to the park. He suggested that this alternative is not preferred because it may encourage trail users to “jaywalk” across State Street and create a dangerous safety hazard.
Mr. Christensen was asked about the possible funding. He explained that the maximum amount available per project is $500,000. The funding must be matched by local funding of twenty percent, which would aggregate a total of $625,000. He explained that the crossing itself is estimated at that cost. Lindon’s trail funding would pay for the trail itself through the tunnel. As far as the proposed street lighting project for State Street, the $625,000 possible would cover the lights and some possible sidewalk improvement projects and bus stop improvement projects along State Street. He pointed out that the location of Alpine School District’s Transition and Employment Center and the Lindon Care and Training Center on State Street result in a particular need to serve the large number of disabled patrons of these two establishments. He pointed out that the sidewalks are in poor condition in some areas and there is little or no street lighting.
Mayor Ellertson asked if there was any further public comment. Mr. Bob Hackleberry Tackleberry of 437 East 1000 South, Pleasant Grove, suggested that the Council consider the street lighting that is brighter and consumes less electricity. Ms. Linda Nelson of 318 West 625 North, Lindon, suggested that the lighting style be consistent with Lindon’s proposed architectural standards for State Street. Ms. Nancy Zundel of 352 West 600 North, Lindon, asked about the lighting project plan that had been proposed by a lighting contractor at a council meeting earlier this year. She was informed that the plan submitted had been too generic and it had been sent back for more specific details. Nothing more had been submitted from this contractor. Mr. Harlow Clark, newspaper representative, asked if the lighting and sidewalk were one project. This was confirmed. Mayor Ellertson asked for additional public comment. There was none.
COUNCILMEMBER CARPENTER MOVED TO CLOSE THE PUBLIC HEARING ON AGENDA ITEM #4 – APPLICATION FOR FEDERAL ENHANCEMENT FUNDS THROUGH UDOT. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED FOR APPROVAL OF RESOLUTION #2005-1, A RESOLUTION APPROVING THE APPLICATION FOR FEDERAL ENHANCEMENT FUNDING THROUGH THE UTAH DEPARTMENT OF TRANSPORTATION AND SETTING AN EFFECTIVE DATE. COUNCILMEMBER HATCH 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. Public Hearing – Water Conservation Plan (Ordinance #2005-1). The City Council will hear public comment and possibly act to approve the city’s Water Conservation Plan.
Public Works Director Don Peterson informed the Council that this Water Conservation Plan had been required by the State of Utah for some time now. He acknowledged that the City has not been as diligent as it should have been, but that it has now been assembled with the help of the City Engineer. He noted that a lot of the issues addressed in this plan were also addressed as part of the recent rate increase discussion. He informed the City that the plan has been sent to the State as a draft and asked if there were any questions. Councilmember Bayless asked if the State had responded to the submission. Mr. Peterson replied no. Councilmember Carpenter asked if there may be a problem with the City adopting the plan and then finding some changes dictated by the State. Mr. Peterson replied that the plan can be amended and readopted if this scenario occurs.
Councilmember Bath pointed out an ambiguity that may cause confusion in the format of Table 6 on Page 11. A heavier line or a gap in the table was suggested. Councilmember Carpenter commented that he considers this a “thoughtful” plan. Mayor Ellertson asked if the incorrect numbers that indicated a decrease in metered sales presented to the Council during the rate increase discussion had been corrected to actual numbers for this plan. City Engineer Dave Thurgood replied yes. Councilmember Carpenter asked if the City was obliged to implement the “Possible Additional Conservation Measures” listed on pages 11 through13. Mr. Thurgood replied no, that these are possible measures and if the time comes that an action is indicated, the Council can implement any, all, none, or other measures that they deem appropriate.
Mr. Nathan Diehl, Lindon resident, asked if the City was considering metering the secondary water someday. He was told that this had not been considered. Mayor Ellertson asked if the average daily use of 96 gallons per capita per day calculated on page 4 is the number used to compute the sewer usage for the contract with Orem Treatment Plant. Mr. Thurgood replied that this is the goal, but that the present average daily use of water per capita per day on the sewer is affected by in-flow and infiltration of the sewer system. If Lindon can reduce the infiltration closer to this number, it will allow more capacity in the sewer plant. He noted that this is the reason for the aggressive program to re-line old, compromised sewer pipes in the City.
Mayor Ellertson asked if there were other comments. Councilmember Acerson noted that the amount of water needed for future growth (the build-out estimate for Lindon) is half of the amount of water rights and shares owned by the City. He asked if this is common practice. Mr. Dameron replied that it is prudent practice. Mr. Peterson acknowledged that Lindon is in an enviable position in the amount of water owned and developed. Councilmember Carpenter observed that most years Lindon does not get a full allocation of water per share. Mr. Thurgood agreed and noted that Lindon may not be able to develop 100 % of the rights to well water either.
Mayor Ellertson asked the estimated completion date of the aquifer study being done by the Central Utah Project. Mr. Thurgood replied that it is a four-year study. Mayor Ellertson asked if the information would be available before Lindon must make a decision on the purchase of water from the Central Utah Project. It was determined that this decision is due in 2007, so it would be close. Councilmember Acerson verified that the real output of both wells and irrigation water shares do not match the maximum amounts listed on the face of the paperwork. Mr. Thurgood confirmed this and noted that it is especially true during droughts. Mayor Ellertson asked if there was any further comment. There was none.
COUNCILMEMBER CARPENTER MOVED TO CLOSE THE PUBLIC HEARING ON AGENDA ITEM #5 – WATER CONSERVATION PLAN. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER HATCH MOVED TO APPROVE ORDINANCE #2005-1, AN ORDINANCE ADDING A WATER CONSERVATION PLAN ORDINANCE BY ADDING SECTION 13.32 “WATER CONSERVATION PLAN” INTO THE LINDON CITY CODE. COUNCILMEMBER BATH 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).
6. Public Hearing – Procedure for Disposal of Surplus City-Owned Parcels of Real Property (Ordinance #2005-3). The City Council will hear public comment and possibly act to approve an ordinance establishing a procedure for the disposition of surplus real property owned by the city.
Mayor Ellertson asked Mr. Dameron to introduce this item and noted that the public hearing was still open on this item. Mr. Dameron observed that this proposed ordinance would adopt a procedure for the City to dispose of parcels of real property. He asked if City Attorney Jared Frei had anything to add. Mr. Frei noted that the main difference between disposal of the City’s real and personal property is in the public comment period requirement. Councilmember Carpenter observed that a key piece of this legislation is the definition of a “significant parcel of real property.” Mr. Dameron agreed that the definition is still very “broad.” He noted that the definition allows the City Council to deal with smaller parcels in a more practicable way. Councilmember Carpenter asked if the public comment period obligates the City to any action. Mr. Frei replied that it specifies no action; it is just a way to receive comment. Mr. Dameron informed the Council that the present procedure requires the City to advertise a surplus sale and take the high bid. Councilmember Acerson observed that this procedure does not consider the best use of the property.
Councilmember Carpenter asked if this ordinance repeals the previous ordinance. Mr. Dameron replied no. This ordinance will only apply to real property. All other property would still be under the current ordinance. The Council discussed the proposed ordinance. Mayor Ellertson asked if there was any further public comment. There was none.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING ON AGENDA ITEM #6 – PROCEDURE FOR DISPOSAL OF SURPLUS CITY-OWNED PARCELS OF REAL PROPERTY. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO APPROVE ORDINANCE #2005-2, AN ORDINANCE CREATING AND ADOPTING CHAPTER 3.07 TO THE LINDON CITY CODE REGARDING DISPOSAL OF PARCELS OF REAL PROPERTY AND DEFINING TERMS. COUNCILMEMBER HATCH 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).
7. Public Hearing – Repeal of Chapter 3.11 “Mobile Telephone Service” of the Lindon City Code (Ordinance #2005-3). The City Council will hear public comment and possibly act to approve an ordinance repealing Chapter 3.11 of the Lindon City Code. The recently enacted Telecommunications License Tax replaces this chapter of the code with Chapter 3.12.
Councilmember Carpenter observed that this proposal appears to be a “housekeeping” ordinance and explained that the ordinance is now irrelevant since the adoption of Chapter 3.12. Mr. Diehl asked why this was the case and why the City thought it was necessary. Mayor Ellertson replied that the revenue from land phone lines has been an important source of city funding for many years. The advent of common cell phone use gave telecommunication providers an advantage because no provision for franchise taxes was created. As an interim measure, the telecommunications providers and cities of Utah agreed to a $1 per cell phone tax. This has now been replaced by an across the board franchise tax on both land lines and telecommunications at a maximum of four percent. This lowers the taxes on land lines from six percent and, depending on your cell phone use, may either increase or decrease your cell phone bill. This is because the tax is now a percentage rather than a set $1. He noted that the other energy franchise taxes have a maximum rate of six percent still, although Lindon has never opted to collect the maximum. Councilmember Bayless observed that Lindon residents are being taxed, but not to the maximum allowed. Mayor Ellertson asked for any further public comment. There was none.
COUNCILMEMBER CARPENTER MOVED TO CLOSE THE PUBLIC HEARING ON AGENDA ITEM #7, REPEAL OF CHAPTER 3.11 “MOBILE TELEPHONE SERVICE” OF THE LINDON CITY CODE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO APPROVE AND ADOPT ORDINANCE #2005-3, AN ORDINANCE AMENDING THE LINDON CITY CODE BY REPEALING CHAPTER 3.11 – MOBILE TELEPHONE SERVICE. COUNCILMEMBER ACERSON 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).
8. Public Hearing – Adopting Provisions of the Utah Code (Ordinance #2005-4). The City Council will hear public comment and possibly act to approve an ordinance adopting provisions of the Utah Code to update the Lindon City Code and to bring it into compliance with state law.
Mr. Frei informed the Council that this ordinance brings the City’s code into conformity with the State Code, which is a necessary annual update. Mr. Dameron suggested that the title of the ordinance may give some idea what areas are being affected to the public present. Mayor Ellertson read the title and noted that it covers child welfare, criminal procedure, wildlife resources, motor vehicles, and controlled substances—a wide range of subjects and areas. Councilmember Bayless asked Captain Cullimore to explain what an “imitation controlled substance” is. Captain Cullimore replied that this is a substance purported to be the actual controlled substance. He explained that the penalty for selling baking soda, while purporting it to be cocaine, is the same.
Councilmember Carpenter asked for an explanation of the value of a city ordinance that affirms the state ordinance. Captain Cullimore replied that this gives the City Attorney the option to enforce these provisions. It was noted that otherwise, the State would have to enforce the provisions.” Mayor Ellertson asked if there was any public comment. There was none.
COUNCILMEMBER ACERSON MOVED TO CLOSE THE FINAL PUBLIC HEARING FOR AGENDA ITEM #8 – ADOPTING PROVISIONS OF THE UTAH CODE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER HATCH MOVED TO APPROVE ORDINANCE #2005-4, AN ORDINANCE ADOPTING PROVISIONS OF THE UTAH CODE INCLUDING THE HUMAN SERVICES CODE REGARDING CHILD AND FAMILY SERVICES AND GOVERNING RUNAWAYS; THE UTAH CRIMINAL CODE; THE UTAH CODE OF CRIMINAL PROCEDURE; PROVISIONS OF THE UTAH JUDICIAL CODE; PROVISIONS OF THE WILDLIFE RESOURCES CODE; PROVISIONS OF THE MOTOR VEHICLE ACT; PROVISIONS OF THE UTAH CONTROLLED SUBSTANCES ACT; THE UTAH DRUG PARAPHERNALIA ACT; THE UTAH IMITATION CONTROLLED SUBSTANCES ACT; AND PROVISIONS OF THE UTAH MUNICIPAL CODE. 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).
9. Review and Action – Financial Audit Report for Fiscal Year 2003-2004. Michael R. Stoddard of CPA Network, LLC will present the city’s annual audit report.
Mayor Ellertson invited Finance Director Kristen Colson and Auditor Mike Stoddard to present their report. Mr. Stoddard expressed appreciation for the invitation to present the audit report. He directed the Council to the opinion on Page 1 of the report. He explained that this audit report contains a new section with a management’s discussion and analysis that is the responsibility of the City. The audit opinion does not this section. He noted that composition and inclusion of these financial statements in the audit report represents the most “radical change in 100 years of financial statements.” He turned the time over to Ms. Colson to discuss “her” management section.
Ms. Colson directed the Council to Page 3 of the report to explain that this is the first year that Lindon City is issuing financial reports in the format prescribed by the Government Accounting Standard Board’s (GASB) Statement No. 34. She noted that a comparative analysis of these statements cannot be provided this year, but will be included in future years when this prior year information is available. She listed the financial highlights of the fiscal year ended June 30, 2004.
· The assets of Lindon City exceeded its liabilities as of June 30, 2004 by $34,059,503 (net assets). Of this amount, $6,584,322 (unrestricted net assets) may be used to meet the government’s ongoing obligations to citizens and creditors.
· Lindon City’s governmental funds reported combined ending fund balances this year of $4,212,830, an increase of $393,714. Approximately half of this total amount, $2,150,082, is available for spending at Lindon’s discretion (unrestricted fund balance).
· The unrestricted fund balance for the general fund ended at $1,810,974, or 50 percent of total general fund expenditures.
· Lindon City’s total debt decreased $1,731,009 (10 percent) during the current fiscal year. This was 47 percent over the City’s regular debt service payments to prepaid assessments on the Special Improvement Bond.
· The City’s total net assets increased $3,718,253. Net assets of our business-type activities increased $871,016 and the net assets of our governmental activities increased $2,847,237, largely due to accrued property taxes.
Ms. Colson then directed attention to the graphs on the bottom of Page 7 for a discussion of the sources of revenue and the expenses related to the functions of city government—the business-type activities. She reported that virtually one-fourth of the City’s revenues is derived from property taxes, and 47 cents of every dollar comes from some type of tax. Another 32 percent comes from fees charged for services, and the balance is mostly impact fees and assessments included in miscellaneous revenue. She noted that public safety encompasses a major portion of general government activities, about 18 percent of the City’s total expenses. Business-type activities, such as the water, waste water, storm water, and solid waste utilities, account for an additional 31 percent of the expenses. Councilmember Carpenter asked if debt service is included in general government activities. Ms. Colson replied yes.
Ms. Colson then directed attention to the Statement of Activities on Page 11 of the report. She explained that this report compares the revenues against the expenses of both the governmental activities and the business-type activities and then shows how the general revenues from taxes and fees offset these operations. She noted that the governmental activities of Lindon City exceeded program revenues by $3,548,501. This is the amount of government activity that was paid by taxes. Councilmember Carpenter expressed surprise that our taxes cover the activities of city government to that degree. He asked how consistent this is from year to year. Ms. Colson replied that this amount is fairly consistent. Mr. Dameron asked about the amount ($2,599,812) of property tax collected shown. Ms. Colson replied that this represents the amount of property tax levied and not collected. This is the amount accrued to Lindon City. Mr. Dameron asked if this includes the amount of property taxes on the Redevelopment Agency parcels also. Ms. Colson replied yes. Councilmember Acerson confirmed that the estimates for accrued property taxes are conservative. Ms. Colson replied yes.
Mr. Stoddard directed attention to Page 10 of the report, Statement of Net Assets. He noted that new to this statement is the section for long term assets. He explained that the statement has included long term liabilities for a long time, but now it shows the capitalization (net of accumulated depreciation) of assets such as roads, sidewalks, water distribution systems and other infrastructure. He noted that since this is the first year, the amounts are estimated on a reasonable basis and give a real picture of the City’s worth.
Councilmember Acerson asked if these new additions to the statements are for bonding purposes. Mr. Dameron suggested that Mr. Stoddard explain GASB #34. Mr. Stoddard replied that in the past the statements reflected the City’s position on a current basis. It reflected the use of current resources. However, a full accrual accounting system has now been instituted after 100 years. The City will be keeping two sets of books, one for the current basis that is used on a day to day basis, and the full accrual set. Mayor Ellertson observed that the City has made a huge investment of 60-70 percent in water-related noncurrent assets. Mr. Dameron commented that it has been an enormous effort for Ms. Colson and City Engineer, Dave Thurgood, to convert the financial statements into the full accrual system. He expressed appreciation for all their time and effort.
Mr. Stoddard explained that the Statement of Activities on Page 11 discussed earlier is one of the most “topsy-turvy” income statements in history. The purpose of the statement is focused on the primary obligation of city government to provide services, and then to determine the cost of the services and how they are financed. This is the reason that general revenues show near the bottom of the statement. He directed attention to Page 14, the Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances to the Statement of Activities. He explained that this is the reconciliation of the income statement. He noted that this is a challenge to understand, but represents the adjustments that were made to reconcile the current basis books to the full accrual books. He commented that he believes that there is value in “truing up” the books at the year end and that it may be helpful to compare this particular reconciliation from year to year. He noted that the figures here are “highly aggregated” and are not useful for fund basis analysis. He suggested that the Budgetary Comparison Statement for the General Fund, the Balance Sheet of funds, and the Statements of Cash Flows on Pages 15 through 22 will give perspective on the character of the funds. Councilmember Acerson noted that it may be easier to track the ebb and flow of the city funds. Mr. Stoddard agreed.
Mr. Stoddard expressed appreciation for the City’s Audit Committee and noted that it is a valuable tool to both the City and the auditors. Mayor Ellertson expressed appreciation for the explanations given and the time he has spent preparing the audit report. He also thanked Mr. Dameron and Ms. Colson for their time and efforts to keep the City on track and in a sound financial position. Mayor Ellertson asked if there were any further questions. There were none. Mr. Stoddard rendered the “unobstructed and totally clean” opinion of the audit firm that Lindon City is in a sound financial condition.
COUNCILMEMBER BAYLESS MOVED TO ACCEPT THE FINANCIAL AUDIT REPORT OF FISCAL YEAR 2003-2004 FROM THE C.P.A. NETWORK, LLC AS PRESENTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
10. Review and Action – Memorandum of Understanding – UDOT and Lindon City – Corridor Preservation Funding. The City Council will review and possibly act to approve a memorandum of understanding which provides for UDOT to purchase a portion of the right-of-way for 1200 East street and preserve it for Lindon City until 1200 East is constructed through this part of the city.
Mayor Ellertson explained that 1200 East street is a corridor of regional importance and will run from Orem’s 400 East, Lindon’s 1200 East to Lindon’s 800 North and Pleasant Grove’s 1000 South to connect to the new I-15 interchange. Mr. Dameron added that Mayor Ellertson has worked with MAG and UDOT to get funding to preserve this important corridor. This Memorandum of Understanding between UDOT and Lindon City sets the terms of the agreement for UDOT to purchase this right-of-way and Lindon City to pay UDOT back once it has received funding to construct the road. Councilmember Carpenter asked if this liability will affect Lindon’s bonding capacity. Mr. Dameron replied no, that the funds derive from different sources. Councilmember Carpenter noted that the liability is non-interest bearing. Mr. Dameron agreed.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MEMORANDUM OF UNDERSTANDING (COOPERATIVE AGREEMENT) FOR CORRIDOR PRESERVATION FUNDING BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND LINDON CITY AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY. COUNCILMEMBER BATH 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).
11. Review and Action – Change Order Request – 2004 Street Rehabilitation Projects. This is a request by staff for Council’s approval of a change order request which exceeds the parameters of staff approval authority.
Mr. Dameron reminded the Council that they had mentioned some street improvement projects that should have been included in this bid in an engineering coordination meeting. He was instructed to negotiate a change order to include these items. This request is the result and he respectfully asks approval of this change order that exceeds the parameters of his authority. He noted that the change order includes road improvements on 725 East from Center to 200 South, on 600 North from State to 425 West, on 600 North from Locust to 75 West, and curb and gutter on 368 North 400 East. The order will also include traffic control during construction for the school zone on 725 East. The total increase in the contract is $66,291.00 and the total of the bid is now $181,194.70. Mayor Ellertson asked if there were any questions. Councilmember Bath asked about the location of #15. Mr. Dameron replied that these are for 200 East in the Hollow area. There was a short discussion of the traffic control expenses for 725 East.
COUNCILMEMBER ACERSON MOVED TO APPROVE CHANGE ORDER #1 FOR PROJECT NO. #50-04-068 DATED DECEMBER 15, 2004. COUNCILMEMBER CARPENTER 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).
12. Review and Action – Memorandum of Understanding – BFI and Lindon City – Solid Waste Collection Contract Extension. The City Council will review and possibly act to approve a memorandum of understanding which extends the solid waste collection agreement with BFI for five years.
Mayor Ellertson observed that this item is a Memorandum of Understanding on a contract extension between Lindon City and BFI, the City’s solid waste collector. Councilmember Hatch asked for an additional provision that would state that all waste collected in Lindon will be deposited at the North Pointe Solid Waste District facility. BFI’s representative and Facility Manager, Mr. Blake Hatch and Mr. Gordon Raymond, agreed to the addition of the provision. Mr. Dameron reported that the contract extension includes a recycling program for Lindon.
COUNCILMEMBER HATCH MOVED TO APPROVE THE MEMORANDUM OF UNDERSTANDING FOR RESIDENTIAL SOLID WASTE COLLECTION EXTENSION AGREEMENT WITH THE ADDITIONAL PROVISION AS NOTED ABOVE. HE FURTHER MOVED TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF LINDON CITY. COUNCILMEMBER BATH 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).
It was noted that Recycling pickups will begin on Fridays and that more information would be given to homeowners as containers are delivered.
COUNCIL REPORTS:
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch commented that the Lindon/Pleasant Grove Interlocal Agreement does not cover the return of Lindon’s funding share. Mayor Ellertson agreed and noted that this is the issue that has delayed the approval.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless had nothing to report for tonight.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
Councilmember Bath had nothing to report for tonight. He expressed thanks to Mayor Ellertson for all the time and effort he has expended on Lindon’s behalf over the last eight years.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER
Councilmember Acerson asked Mr. Dameron if he had received a report from the Lindon Days Chairpersons. Mr. Dameron replied no.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter had nothing to report for tonight.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Announced the Mayor’s Farewell Open House for Tuesday, January 11, from 4 to 6 p.m. at the City Center. He added that light refreshments would be served.
2. Noted that the City Offices would be closed on Monday January 17, for Martin Luther King JR. Day.
3. Informed the Council of Planning Director Kevin Smith’s resignation effective January 14.
4. Asked the Council to set a date for the Annual Retreat. After discussion, it was decided to schedule the Retreat for Saturday, February 26 at 8:00 a.m.
Ms. Nelson expressed appreciation for Lindon’s audit report and added that it was good to know that the City was responsible with the citizen’s money. The Council thanked Ms. Nelson for her comment.
Mayor Ellertson read his letter of resignation to the Council and public and thanked them for the opportunities offered over the last several years of his administration. Councilmember Bath commented that many of the things that have been accomplished are the result of Mayor Ellertson’s efforts and he wanted to personally thank him. Councilmember Acerson added that he appreciates the association that is peculiar to this Council. He attributed the nurturing of the right attitude of maturity and respect to Mayor Ellertson and added that Mayor Ellertson can “step aside knowing that he has created a unique experience.” Councilmember Hatch noted that Mayor Ellertson has accomplished a lot for Lindon. Councilmember Bath observed that one of Mayor Ellertson’s most memorable characteristics is his willingness to listen and understand all the various viewpoints. He suggested that Mayor Ellertson is the embodiment of the wisdom “Seek first to understand, and then be understood.” He commented that it is hard to accept changes and that it would be hard to lose Mayor Ellertson. Councilmember Carpenter added that Mayor Ellertson had been a good match for Lindon and would be hard to replace.
COUNCILMEMBER BATH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR THE MOTION CARRIED.
ADJOURN
COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:57 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – January 18, 2005
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor
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