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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » April 5, 2005
April 5, 2005

The Lindon City Council held a regularly scheduled meeting on Tuesday, April 5, 2005, beginning with a Work Session at 6:00 p.m. 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 meet in a work session with Kristen Colson, Finance Director/Treasurer, to hear a report on the current year data and to discuss issues and concerns for fiscal year 2005-2006.
The Council will also briefly discuss the potential of a residential zone on the west side of the city.

PRESENT ABSENT

Jeff Acerson, Mayor H. Toby Bath, Councilmember
Eric Anthony, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch , Councilmember
Ott H. Dameron, City Administrator
Debra Cullimore, Deputy Recorder
Adam Cowie, Planning Director

The work session began at 6:03 p.m.

PRESENTATION

Kristen Colson, Finance Director/Treasurer, presented information regarding budget comparisons for the City for 2004-2005. Ms. Colson gave written documentation to members of the Council regarding utility administration, financial forecast for the remaining 2005 fiscal year, and the City’s debt. Ms. Colson commented on recent training she had attended with other cities in which she had received information on the methods employed by other cities in their utilities administration. Ms. Colson outlined the process for citizens to obtain water utility services from the City. She stated that citizens first fill out a form at the City Center, after which a work order is sent to the Public Works Department to respond to the address and turn on the water. The account is also set up on the computer system. She suggested the possibility of charging a $10.00 administrative fee at the time of sign up to cover administrative costs. Ms. Colson noted the shortfall in the water budget for the previous year, and felt that this fee may help offset that shortfall. She pointed out that when services have been shut off for non-payment a $25.00 reconnect fee is charged. The reconnect fee is higher because a shut off requires staff to respond to the address twice, once for shut off and once for the reconnection. The $10.00 fee would cover only one response to the residence to turn the water on.
Councilmember Bayless asked Ms. Colson how she would respond if a citizen asked her why the City is charging the fee. Ms. Colson responded that it is intended to cover the administrative costs associated with the account.
Councilmember Anthony inquired as to whether the shortfall was created because water rates should have been raised and weren’t. Mr. Dameron stated that the city engineer is currently doing a water rate study. Councilmember Carpenter observed that the amount of money generated by the fee would be modest compared to the amount of the shortfall. Ms. Colson commented that all other utilities including gas, electricity, and phone, charge a fee at the time of sign up. Many other cities also charge a fee to set up a water utility account.
Councilmember Bayless stated that she felt it was not an unreasonable amount to charge. Councilmember Carpenter agreed, and stated that the time involved in setting up an account would cost the city at least ten dollars. Councilmember Anthony stated that he didn’t see that charging the $10.00 fee would be either a real problem or a real benefit. Councilmember Carpenter commented that the city tries to be understanding and work with people when they are struggling to pay their bill.
Mayor Acerson asked Mr. Dameron if a water rate increase is planned for the coming year. Mr. Dameron stated that he doesn’t know at this time, but will have more information in September when he meets with the city engineer. Councilmember Carpenter observed that if a rate increase is approved the City should make sure it covers the cost to the city to eliminate any future shortfall.
Councilmember Bayless asked Ms. Colson how much money the fee would generate annually. Ms. Colson stated that on average there are 15 – 20 new accounts each month, generating $150 - $200 dollars in revenue per month for the city. After discussion the Council determined that charging the $10.00 sign up fee would not be unreasonable.
Ms. Colson also discussed the procedure the City follows before disconnecting water. She stated that on the 10th of the month, a late notice is mailed to approximately 250 homes. These notices are for bills which were due on the 31st of the previous month. In addition, ten days later shut off notices are mailed to approximately 150 homes. If time permits, office staff contacts residents who are still past due by phone. Two days before the shut off date, door hangers are placed on homes where accounts are still unpaid. If there is still no response, utility services are shut off. Ms. Colson stated that there were eight shut offs in March. After review of the Ordinance regarding water utilities, Ms. Colson stated that services can be disconnected on past due accounts after fifteen days. Councilmember Carpenter asked Ms. Colson to review the procedure, which she did. He then asked her if each of these accounts had to be dealt with manually. Ms. Colson responded affirmatively. Councilmember Carpenter observed that if all these steps were not followed staff would spend less time, but that some citizens would be angry. He observed that if citizens are expecting this procedure, it would be necessary to give residents notice of the change in procedure.
Councilmember Anthony inquired if a late charge is applied to overdue accounts. Ms. Colson stated that a 1.5% fee is charged on any account with a past due balance.
Mayor Acerson asked Ms. Colson what her recommendation was. She stated that staff recommended sending one late notice on accounts that are fifteen days past due, and discontinuing other reminders and door hangers, as well as charging a $5.00 late fee on accounts if they have not contacted the city within five days of the mailing date of the notice. Councilmember Bayless again stated that it would be important to make citizens aware that the procedure had changed. Ms. Colson stated that a notice would be sent to all residents outlining the new procedure for past due accounts in their utility bills.
Mr. Dameron clarified that he and Ms. Colson would take the suggestions from the Council to develop a final proposal which they will present for approval at the budget session. Mayor Acerson stated that it would be necessary to make the process clear and precise to avoid any misunderstandings with residents. Mayor Acerson also encouraged Ms. Colson to use wisdom in dealing with specific situations. Ms. Colson stated that they are willing to work with residents if they call and inform the City of a specific problem, but that residents need to make the effort to do that.
Councilmember Carpenter inquired as to whether the ordinance governing water utilities needed to be changed. Ms. Colson stated that this process would be in compliance with the existing ordinance
Ms. Colson then addressed the financial forecast for the remaining 2005 fiscal year.
1. She stated that the revenue forecast for the general fund looks good. The area of property tax is difficult to forecast, but with improvements in the economy more people may be paying taxes on time. The area of sales tax is also looking good. The Council discussed sales tax and room tax payments that have not been received from businesses which are, or have been, located in Lindon and possible solutions to collecting those funds.
2. Ms. Colson addressed the expenditures from the general fund. She stated that the judicial budget has gone over the expected amount, but that revenue from the court will also exceed expectations.
3. The police budget will also exceed expectations due to the 911 tax that the city receives and is required to remit to Pleasant Grove as part of the Public Safety contract.
4. When addressing the water fund, Mr. Dameron stated that there would be a small surplus as far as the total budget.
5. The city had originally budgeted for a bond for construction of the sewer on 700 North. The city engineer reviewed the project and reported that impact fees will likely cover the cost of the sewer, and the sewer infrastructure may not need to be included in the bond.
6. The waste collection budget is slightly above the original budget due to the implementation of the recycling program. Ms. Colson observed that the blue cans used for recycling are good publicity for the program. When other residents see them they call the City Center to find out about the program.
7. The expenditures for storm water drainage are higher than expected due to projects which were added in order to avoid flooding this spring.
Ms. Colson next reviewed the City’s debt. She stated that two debts will be paid in full this year. Those are the Zions Line of Credit, which was used to purchase 19 acres for the Geneva Resort Park, and the RDA Tax Increment Bond for the west side of the city. In addition, the irrigation bond and the City Center bond have only two more payments each.
Ms. Colson then presented graphs detailing the debt obligations of the city. Councilmember Bayless commented that she wondered how many cities look this good on paper, and she expressed appreciation for the diligent financial management of city funds. Ms. Colson commented that Zions Bank had made an offer to extend one bond ten years. Ms. Colson declined the offer, so the debt can be paid as soon as possible. Councilmember Carpenter stated that it might make sense to refinance the District 3 RDA bond because of the balloon payment at the end of the bond period. Mr. Dameron informed Councilmember Carpenter that the city is currently gathering information to determine if it would be beneficial to the finances of the city to refinance that bond.
Councilmember Hatch commented on a rate increase proposed by the landfill. He stated that the increase wouldn’t take place until next year, possibly January.
Mr. Dameron observed that one of the projects that the City Council would like to complete is a Community Center. He suggested that as existing projects and bonds are paid off, revenue which had been used for the repayment of those projects could be used to begin construction of a Community Center.

DISCUSSION

The Council then discussed the issue of residential development on the west side of the city. Mayor Acerson stated that he, Mr. Cowie, Mr. Dameron, and Councilmember Bayless had recently met with the landowners in the area of the recent development proposal. He commented that he felt it had been a reasonable meeting. He felt that the landowners weren’t trying to push for any certain direction or outcome, but simply wanted direction from the Council. Mayor Acerson stated that what the landowners seem to want is a better idea of what the city will accept so they are able to save time and money and not tie the land up with developers for projects that won’t be approved. Councilmember Carpenter commented that the landowners in the area had seemed to move forward in good faith with the 700 North project. Councilmember Bayless pointed out that the landowners that were involved in the 700 North project are not all the same landowners who were involved in the proposed housing project. Councilmember Carpenter noted that his impression is that the landowners want to be accommodating but are getting nervous about selling their property. Mr. Dameron agreed and stated that the landowners will sell the property for whatever kind of development the city will accept, but communication is necessary to decide what is acceptable. Councilmember Carpenter observed that the land will eventually develop, and that it won’t stay farm land. He felt that residential development is preferable in some ways to other types of development.
Mr. Dameron commented on a list of parameters drafted by Councilmember Bayless. She stated that they are things she personally would like to see included in the development of the area, and things she feels would be good for the city. Councilmember Bayless felt that if the Council gives the landowners guidelines of what is acceptable, then they would be free to move forward and find a development that meets those guidelines. She commented that after meeting with the landowners she also felt that they weren’t pushing for any particular type of development, but need to know what to present to the Council. Councilmember Carpenter commented that the City Council can give the landowners the requirements and the market will tell them what will work. Councilmember Anthony stated that the needs of the city should be considered before the needs of the individual landowners. He felt that the proposal that the Council decides on should benefit the city as a whole. Councilmember Bayless agreed, and stated that after the Council decides on the guidelines it is up to the landowners to find a project that fits those guidelines.
Councilmember Bayless commented on an Ivory Homes development she had toured. She stated that the homes were built on smaller lots, and that the homes were a variety of sizes covering the spectrum of costs. She felt the development was very nicely done, and requested that Mr. Cowie contact former Planning Director Kevin Smith to find out the location of that development so that members of the Council and other interested parties could tour it.
Councilmember Hatch commented that he felt the recommendations listed by Councilmember Bayless are good ideas. He felt that those recommendations should be passed on to the landowners. Councilmember Bayless clarified that the landowners need to understand that those are not the final recommendations, but rather a place to start the discussion. Mr. Dameron stated he would contact the landowners and set up a time to meet to begin discussing potential development in the area.

REGULAR SESSION - 7:00 p.m.

Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Emily Judson
Invocation: Ott Dameron

The meeting began at 7:03 p.m.

MINUTES – The minutes of the regular meeting of March 15, 2005 were reviewed. The following corrections were made:

Page 4, Line 5: strike the sentence: “He stated during the interview that he supports the projects on the west side of the city.”
Page 4, Line 14: replace the words “the best” with the word “fair”
Page 6, Line 8: replace the word “the” with the word “some”
Page 14, Line 26: add the words: “follow the procedures adopted by the council as well as, several”

OPEN SESSION – Citizen comments

No comments

MAYORS COMMENTS/REPORT –

Mayor Acerson commented on training that will be provided for the Council in St. George by The Utah League of Cities and Towns. The training will include different types of programs that have been implemented in other cities in the state. The Mayor stated that it would be a great opportunity to look at a variety of programs and see what might be applicable for use in Lindon.

CONSENT AGENDA –

No items.

CURRENT BUSINESS –


1. Public Hearing – Ordinance - R2 Overlay Zone Amendments. This public hearing was advertised for tonight. However, the City Council cannot act on this ordinance amendment until the Planning Commission submits a recommendation. The Planning Commission has continued the item and deliberations until their meeting of April 13, 2005. The City Council may continue this public hearing until the meeting of April 19, 2005.

COUNCILMEMBER HATCH MOVED TO CONTINUE THIS ITEM UNTIL THE MEETING OF APRIL 19, 2005. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Plat Amendment – Ostler Industrial Park, Plat “E”. This is a request by Brian Pittard for approval of a plat amendment for Ostler Industrial Park, Plat “E”. The request is to reconfigure property lines creating 2 lots. Plat “F” of the Ostler Industrial Park was approved by the city but never recorded, and this plat amendment for Plat “E” will eliminate the approved Plat “F”. The Planning Commission recommended approval with one recommendation.

Planning Director Cowie showed a visual of the area referred to in the request. Mr. Cowie informed the Council that Mr. Pittard has been approached by Utah Power to purchase the property as a site for a substation. He stated that Plat “F” had been approved but had never been recorded. The request is to reconfigure the property line between Plat “E” and Plat “F”, resulting in one lot rather than two. Director Cowie told the Council that there is an overhead easement for power lines on the property. He also stated that there had been an access easement on Plat “F” but after discussion with the city engineer, it was determined that the access easement is not necessary, but the utility easement is still required.
Councilmember Hatch inquired as to why the substation would be located on this property rather than being included with the new power plant which is under construction. Director Cowie stated that he was unsure of the reason, but that Utah Power will be holding an open house next month to discuss current projects. Mayor Acerson stated that he had attended a meeting with Utah Power last week to discuss the location. He couldn’t recall the specific reasons for the location, but stated that they did have a reason for locating the substation on this property. Director Cowie observed that they may want it on this property because of the existing overhead easement. After further discussion to clarify the area of the easement, Mayor Acerson called for a motion.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY BRIAN PITTARD FOR APPROVAL OF PLAT “E” IN THE OSTLER INDUSTRIAL PARK, AND VACATING PLAT “F” OF THE OSTLER INDUSTRIAL PARK. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


3. Plat Amendment – Timpanogos Academy, Plat “B”. This is a request by Leonard Lee, contract agent for Timpanogos Academy, for approval of a plat amendment to Timpanogos Academy, Plat “A”. Plat “B” will have 2 lots, in the CG (General Commercial zone) at 75 South 100 East. The Planning Commission recommended approval with conditions.

Mr. Cowie presented a visual of the area being considered for a plat amendment. He informed the Council that this is a Charter School project. He also stated that the first building was constructed two years ago, but emphasized that the only item being considered tonight is the request for a plat amendment. Mr. Cowie illustrated the realignment of the property lines, and stated that both buildings would be on the same parcel after the change is made. Councilmember Carpenter asked about the drive area which is indicated on the map. Mr. Cowie stated that it is a private easement, not a public road. Councilmember Carpenter noted that the school had originally requested to use the road as part of the school facility. He also stated that with the plat amendment it appeared that the road would get more use. Councilmember Carpenter commented that in the original plan the street didn’t separate two buildings. Councilmember Bayless stated that the City Engineer had some concerns with safety issues of the original site plan. Councilmember Carpenter observed that because the project is a school, it is necessary to be certain that all safety issues are addressed. Mr. Cowie clarified to the Council that the same laws apply to charter schools as other public schools, and that the restrictions the city can place on the project are limited. He stated that safety and traffic issues are two of the areas the city can address. Councilmember Carpenter observed that there could be children crossing the street coming from between parked cars, and he wanted to make sure it was clear that safety issues would be looked at very carefully.
Leonard Lee, the agent for Timpanogos Academy, had not arrived at the meeting at this time. Mr. Cowie stated that he had told Mr. Lee this item would be addressed around 7:30 p.m., and it was not yet 7:30. Mr. Dameron suggesting holding the item until Mr. Lee arrived to give him an opportunity to address questions from the Council.

COUNCILMEMBER HATCH MOVED TO HOLD THIS ITEM UNTIL LEONARD LEE, AGENT FOR TIMPANOGOS ACADEMY, ARRIVED AT THE MEETING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED

4. Review and Action – Interlocal Cooperation Agreement. The City Council will continue its review and possible action on a proposed Interlocal Cooperation agreement with Pleasant Grove City concerning a common taxing district in the vicinity of the new I-15 Interchange.

Mr. Dameron introduced the item and reviewed the agreement. He stated that the agreement had been in negotiations for six to nine months. Mr. Dameron stated that the Council considered this item during their last regular meeting, but wanted an opportunity to review Exhibit “B”, which is a breakdown of tax revenue and expenditure payments. After review it was determined that the host city of a business will receive 53% of the tax revenue from that business, with the remaining 47% being split equally between the two cities. Councilmember Carpenter asked Mr. Dameron if there were any staff concerns. Mr. Dameron stated there were none. Councilmember Hatch stated that it looked like there were more acres in Pleasant Grove than in Lindon. Councilmember Hatch and Mr. Dameron used a calculator to double check the acreage figures. They determined that there are 405 acres in each city involved in the agreement. After further discussion, Mayor Acerson called for a motion.

COUNCILMEMBER HATCH MOVED TO APPROVE THE INTERLOCAL COOPERATION AGREEMENT BETWEEN LINDON CITY AND PLEASANT GROVE CITY FOR A COMMON TAXING DISTRICT IN THE VICINITY OF THE NEW I-15 INTERCHANGE. COUNCILMEMBER CARPENTER SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.

Mayor Acerson commented that he is excited about the agreement and anxious to see the results.

Mr. Leonard Lee arrived at the meeting at 7:35 p.m. Mayor Acerson asked him to approach the Council and answer a few question concerning his request for plat approval. Councilmember Carpenter informed Mr. Lee that he felt there could be safety concerns raised by separating the two buildings of the school with parking area and a street. Mr. Lee informed the Council that these concerns had already been raised and discussed with the Planning Commission. He explained that the vision of the project is to create a campus atmosphere. He stated that the road is a private drive, not a through street. Mr. Lee clarified that the road would be gated at the end of the access. The gate will be closed during school hours, and only opened at drop off and pick up times. Councilmember Carpenter stated that drop off and pick up times would be the most dangerous. Mr. Lee stated that the school would provide staff to supervise the students during those times. Councilmember Carpenter observed that there was no indication of drop off and pick up being on different sides of the road in the original site plan. Councilmember Hatch inquired as to whether the students would be crossing the street during the day. Mr. Lee stated that students attend classes in only one of the buildings, and there would be no need to cross at any time other than drop off and pick up. Mr. Lee commented that safety is always a concern with schools when there is an adjacent street. Councilmember Carpenter again stated that he wanted Mr. Lee to be aware that safety issues would be looked at very carefully by the Council. Mr. Lee stated that installing a speed bump near the entrance to the roadway had been discussed as one possible solution to the problem. Councilmember Carpenter related a recent incident at Aspen Elementary where a student was hit by a car that was going only five miles an hour. Councilmember Carpenter stated that he was aware that the business that was being conducted at this meeting was the request for a plat amendment, but that he wanted to be sure that the school was aware of the safety concerns. Mr. Lee stated that the Planning Commission had made the safety concerns clear. He stated that he can’t speak for school policies, and that safety issues should be addressed with the school.
Councilmember Hatch stated that he has heard good reports about the school. Mr. Lee commented that his daughter had attended the school for sixth grade, and the curriculum is very aggressive. He characterized the school as “the ultimate PTA”, because parents are involved and invested in what happens at the school.
Mr. Cowie asked Mr. Lee if he had had an opportunity to meet with Phil Brown on the final fee schedule. Mr. Lee stated that he had, and commented that some of the fees had doubled since the construction of the original building. He inquired if the city has any latitude on the fees. Councilmember Hatch informed Mr. Lee that there is no real latitude on fees because of large projects that are underway to upgrade the infrastructure. He specifically asked about storm water. Councilmember Hatch informed Mr. Lee that there was no real latitude on storm water fees because of the loan paybacks involved with the project. The Council responded that other fees were attached to like circumstances because of large projects underway to upgrade the infrastructure.
Mayor Acerson stated that the city is glad to have the school here, and that the Council is happy to work with him. Mr. Dameron stated that Mr. Lee has been good to work with in the past. Mayor Acerson called for a motion.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PLAT AMENDMENT FOR TIMPANOGOS ACADEMY PLAT “B” WITH THE FOLLOWING RECOMMENDATIONS SET BY THE PLANNING COMMISSION: ALL OUTSTANDING FEES FOR CITY ENGINEERING AND/OR PUBLIC WORKS IMPROVEMENTS TO THE EXISTING SITE MUST BE PAID IN FULL. THE APPLICANT MUST RECEIVE ENGINEERING APPROVAL FROM LINDON CITY FOR STORM DRAINAGE PLANS AND/OR OTHER PLANS AS REQUIRED BY THE CITY ENGINEER. A COMPLETE COPY OF ALL REQUIRED BUILDING INSPECTION REPORTS FOR THE NEW STRUCTURE SHALL BE TURNED INTO THE LINDON CITY BUILDING DEPARTMENT. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Review and Action – Settlement Agreement – I-15 Interchange Severance Claims. The City Council will review and possibly act on a proposed agreement among B.W. Inc., Williamson Farms, and Lindon City for settlement of claims for severance damages against Lindon City.

Mr. Dameron gave an overview of this item. He stated that the property owners in the area of I-15 had claimed that the off-ramp severed their property. The property owners had not expressed this concern during the many meetings over the planning stages of the project. They had originally claimed over $700,000.00 in damages. The City has now offered to pay the property owners a settlement in the amount of $40,000.00. He informed the Council that they need to approve or disapprove the settlement amount.
Councilmember Carpenter inquired if this had been the position of the property owners all along or if they had originally said there were no damages. Councilmember Bayless stated that the property owners agreed to the road because of the potential benefit and the increase in value of their property. Councilmember Carpenter asked why the City is paying any settlement. Mr. Dameron stated that it is to settle a nuisance claim, and that the City Attorney had advised the City to settle with the property owners to avoid future problems. Councilmember Bayless observed that if left unresolved, the claim could potentially impede development of the property. Councilmember Anthony inquired what expenses the City had already incurred. Mr. Dameron stated that attorney fees have been approximately $2,500.00. Mayor Acerson called for a motion on this item.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE SETTLEMENT AGREEMENT FOR I-15 INTERCHANGE SEVERANCE CLAIMS BETWEEN LINDON CITY, BW INC. AND WILLIAMSON FARMS IN THE AMOUNT OF $40,000.00. COUNCILMEMBER ANTHONY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.

6. Resolution – Use of Lindon City’s Home Funds Allocation. This resolution approves the use of Lindon City’s allocation of Home funds and its allocation of CHODO funds to be used in the funding of several worthy projects.

Councilmember Hatch is a member of the Board of The Housing Consortium and recently attended their annual planning meeting. He stated that every year the board receives new funds, and it looks at potential projects to fund. He stated that the board has chosen seven potential projects this year and will fund projects based on how well funds have been used in the past, how well projects are taken care of, and if the projects still hold money that has not yet been used. He stated that the oldest funds will be used first so those monies are not lost. Councilmember Hatch stated that all members of the board in the county work together. Councilmember Carpenter inquired if they work together to have the greatest impact. Councilmember Hatch answered affirmatively, and stated that working together helps Lindon, as well as other communities. He stated that each community presents projects and the Board makes a decision as to which projects to fund. Mayor Acerson called for a motion.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE RESOLUTION # 2005-6 FOR USE OF LINDON CITY’S HOME FUNDS ALLOCATION. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONTY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.

7. Resolution – Bond Parameters Resolution – 700 North Street. The City Council will give consideration to a parameters resolution authorizing the city to issue sales tax revenue bonds, series 2005, in an aggregate amount of not-to-exceed four million two-hundred thousand dollars ($4,200,000); providing for the publication of a notice of bonds to be issued and setting a public hearing to receive public input regarding the pledging of local option sales tax for the bonds; and related matters.

Mr. Dameron informed the Council that this resolution is the first step in obtaining funding for the road construction project between Geneva Road and 2000 West. He stated that the road would then connect to a Pleasant Grove road, where it would loop toward the LDS Temple. Mr. Dameron clarified that this resolution outlines the broad limits of the bond, including the financial limits and interest rate. Mr. Dameron stated that a final resolution would be presented in one month. The final resolution will outline the final details, interest rate, and amount of the bond. The current resolution states that the final resolution will not exceed certain parameters. Mr. Dameron also stated that there would be a public hearing for the bond issuance on May 3rd, and that he will be advertising that public hearing over the next two weeks. Mr. Dameron observed that this is the best mechanism for the city begin construction of the road. Councilmember Anthony commented on the amount listed in resolution and inquired as to whether there is cushion built into that amount. Mr. Dameron stated that the estimated amount needed for the project is approximately $3,000,000.00 to $3,500,000.00, and that the amount of $4,200,000.00 listed in the resolution would likely not be necessary. Councilmember Anthony asked if the aesthetics would be similar to those in Pleasant Grove. Mr. Dameron stated that the city engineers from both cities are in contact with each other coordinating the aesthetics. Councilmember Anthony asked if there was a budget included in the proposal to plant trees. Mr. Dameron explained that the plan calls for trees and other plants in the median. Mr. Dameron clarified the process for signing the resolution and submitting it to the bond council. Mayor Acerson called for a motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE BOND PARAMETERS RESOLUTION, # 2005-7, FOR 700 NORTH STREET IN THE AMOUNT OF NOT TO EXCEED $4,200,000.00 WITH AN INTEREST OF RATE OF NOT TO EXCEED 5.75% PER ANUM, TO MATURE IN NOT MORE THAN TWENTY-SEVEN YEARS FROM THEIR DATE OR DATES, AND TO BE SOLD AT A PRICE NOT LESS THAN 98% OF THE TOTAL PRINCIPAL AMOUNT THEREOF, PLUS ACCRUED INTEREST TO DATE OF DELIVERY. COUNCILMEMBER ANTHONY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.

COUNCIL REPORTS

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM –

Councilmember Hatch addressed Captain Cody Cullimore of the Police Department who was in the audience. Councilmember Hatch informed Captain Cullimore that he had received a call from Lindon resident Owen Hooley. Mr. Hooley lives near 600 West and asked for assistance in slowing down traffic in that area. Councilmember Hatch suggested using the speed trailer as an initial step. Captain Cullimore stated that the Police Department would address the problem.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION –

Councilmember Bayless will be out of town during the next regular City Council meeting and wanted to address some concerns that will be discussed at that meeting. She commented on the proposed R2 Overlay Amendment Ordinance. She stated that she felt that on page 2, line 36 and line 41 are redundant. She expressed that the content of these two statements may mislead people to believe that if they have two acres of property that they could build eight units. Councilmember Bayless is concerned that if the ordinance states that there can be four units per acre, applications will be submitted for four-plexes, which the Council does not want. Councilmember Carpenter commented that if four units are built on one acre, it would need to be two duplexes.
Councilmember Bayless addressed concerns about a proposed business on State Street and the color scheme of the project. She asked Mr. Cowie if the City can determine the colors used in projects, and specifically the colors used in signage. Mr. Cowie stated that in the existing commercial zone on State Street, earth tone colors are required on the buildings, but colors on signs are not addressed. Councilmember Carpenter inquired if there were size limitations for signage. Mr. Cowie informed the Council that maximum size of a wall sign is 20% of the wall space, and that there are size limitations for monument and pole signs. Councilmember Bayless stated that she wants to be sure the Planning Commission is aware of this concern.
After reviewing the project tracking list, Councilmember Bayless suggested that all proposed projects on State Street should be automatically reviewed by the City Council to ensure the proper appearance is achieved. After discussion among the Council and with Mr. Cowie, it was decided that it would not be reasonable for the Council to review each project. Concerns with particular projects will however continue to be addressed at City Council meetings.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS –

Councilmember Bath was not present at the meeting. Captain Cody Cullimore from the Police Department presented information to the Council regarding training on flood potential in the valley. The training will be on April 21st at 10:00 a.m. and will be located at the Utah County Sheriff’s Office North Annex. The training will address issues such as peak runoff times and clearing of stream beds.
Captain Cullimore also informed the Council that the Police Department will hold a press conference on April 23rd at noon at the Kiwanis Park in Pleasant Grove. The Police Department will be doing heavy off-road enforcement in the foothills above Lindon and Pleasant Grove beginning on that date.
Captain Cullimore also commented on a high speed chase that had just gone through Lindon. UHP had located a stolen vehicle on the freeway. A high speed chase ensued which traveled along Geneva Road in Lindon. The suspect was stopped and arrested at the intersection of Main Street and State Street in Pleasant Grove. Captain Cullimore stated that the suspect was injured during the arrest. He also clarified that the Police Department was assisting UHP and that it was UHP’s case.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER –

Councilmember Anthony informed the Council that there had been a set back in forming the Lindon Days Committee. Deone Lesser had originally agreed to chair the event, but had since changed her mind. Ms. Lesser is still willing to serve on the committee, but will not be able to act as chairperson. He asked the Council for recommendations of other people who may be willing to participate. The Council discussed several residents. Among the names discussed were Dustin Sweeten, Linda Nelson, and Nancy Zundell. Councilmember Hatch recommended Councilmember Anthony contact the candidates for the recent Council and Mayor position openings. Councilmember Anthony stated that he would make contact with them.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS –

Councilmember Carpenter had no items to report.

ADMINISTRATOR’S REPORT –

Mr. Dameron reminded the Councilmembers of the Utah League of Cities and Towns Conference in St. George April 13, 14, and 15. He commented that Mayor Acerson, Councilmember Anthony, Councilmember Hatch, Councilmember Carpenter, and he were planning to attend. He informed those attending the conference that there will be a meeting with UTOPIA at the Dixie Center on Wednesday, April 13th at 4:00 and encouraged them to attend.
Mr. Dameron had Mayor Acerson and Councilmember Hatch sign an annual update letter regarding the secondary water system.
Pleasant Grove High School has invited members of the Council to sit on the Senior Project Board. Mr. Dameron instructed Councilmembers to contact the High School if they are interested.
Mr. Dameron commented on a Utah Valley Transportation Study update. Councilmember Carpenter stated that he would do a ten minute presentation regarding the study during his report at the next regular meeting.
Mr. Dameron presented information on the animal shelter being constructed near the landfill. He stated that the board is putting together the final budget, and that all personnel will be provided by Orem City initially. He stated that the proposed amount in Lindon’s budget for the animal shelter is $15,000, which is a sizable increase but not a large amount of money, and participating eliminates the need for Lindon to have its own shelter. Mr. Dameron also commented that he is the representative on the Board for Lindon City.
Mr. Dameron reported on progress for the McKinley Drive trail. He stated that he had met recently with the property owners in the area and following a lot of discussion it was determined that the width of the trail could be maintained at twelve feet and encroach on very few lots. The only exception is the area of Dry Canyon Drive, where the width will be eight feet. Mr. Dameron told the Council that after discussion, the property owners had decided that the elements they would like to see in landscaping of the area are; rocks of mixed sizes, a uniform hedge along the property lines, and a wildflower mix. Mr. Dameron stated that the city will install and maintain the hedge. Councilmember Anthony asked if a drip irrigation system is planned. Mr. Dameron stated that the BOR has final approval and they want to be certain there will not be over-watering, but they have agreed to all the suggestions so far. Mayor Acerson stated that the hedge will give a nice uniform look to the trail area. Mr. Dameron stated that new plans will be drawn up and given to the BOR for final approval, and another meeting is scheduled with the property owners on April 20th at 7:00 p.m. in the Council Chambers.
City cleanup day has been designated on Saturday, April 9th. The City has asked for twenty volunteers from each LDS Stake in the City to help fill sandbags in preparation for potential flooding this spring. Councilmember Anthony asked about the sandbags that had been filled previously and not used. He was informed that they deteriorate after a period of time. Captain Cullimore observed that the last serious flooding in the valley was in 1983, and began in early May. He commented that this is the perfect time to prepare to stay on top of it.
Mr. Dameron met with the City Engineer to discuss the curb for the median on 700 North Street. He stated that the consensus of the Council seemed to be that they didn’t like the eighteen inch curb. He informed the Council that a nine inch curb would be used and that trees would be planted in the median.

COUNCILMEMBER BAYLESS 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 MEETING AT 8:55. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.




Approved April 19, 2005




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Ott H. Dameron, City Administrator/Recorder




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Jeff Acerson, Mayor






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