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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » February 1, 2005
February 1, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, February 1, 2005 at 7:00 p.m. in the Lindon City Center, Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Bruce Carpenter, Mayor Pro Tem
Flag Ceremony and Pledge of Allegiance: Pleasant Grove/Lindon Police Department Honor Guard
Invocation: Jerald Hatch
PRESENT ABSENT
Bruce Carpenter, Mayor Pro Tem
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
W. Brent Bullock, Judge
Venla Gubler, Deputy Recorder
The meeting began at 7:02 p.m.
RECOGNITION
The City Council will recognize several people for their efforts in thwarting crime at the Lindon Wal-Mart: Ferrell Jenkins (security guard), Shirley Keeler (employee), Charles Stephens (employee), Robert T. Carter (citizen), Schyler Carter (citizen), and Christopher Shoemaker (citizen).
Mayor Pro Tem Carpenter observed that this next item presents an opportunity for community pride and introduced Captain Cody Cullimore of the Pleasant Grove/Lindon Police Department to explain the event and introduce the good citizens. Captain Cullimore commented that there are individuals that go the extra mile to keep our town safe and protect our hometown values. He added that many recognize Lindon and Pleasant Grove as a “quality place.” He acknowledged that bad occurrences happen and good people get hurt on occasion. He explained that an individual had attempted to steal some items from the Lindon Wal-Mart, and when he was confronted, a struggle ensued and the security guard was stabbed in the stomach. He noted that there were other employees and private citizens who stepped in and were able to restrain the individual until the police arrived. Captain Cullimore observed that it was his great honor to present these individuals—employees and citizens—with Distinguished Service Awards. He invited Mayor Pro Tem Carpenter to join him in presenting the awards.
Captain Cullimore introduced Mr. Ferrell Jenkins and commented that he looks better since he was released from the hospital. He presented the award to Mr. Jenkins to applause from the audience. Mr. Schyler and Robert Carter were invited to the front. It was determined that they had not been able to attend. Captain Cullimore explained that this is the father/son citizen heroes that were able to restrain the perpetrator from escaping and prevent further injuries. Mr. Charles Stevens and Mr. Christopher Shoemaker were recognized as employees who were instrumental in helping to control the situation. He explained that Ms. Shirley Keeler was out of town and displayed her award. He thanked these citizens for their efforts to keep Lindon safe. There was applause and pictures were taken for the newspapers.
Mayor Pro Tem Carpenter asked Mr. Garth Lovell, general manager of Wal-Mart, if he would like to add anything. Mr. Lovell presented some awards on behalf of Wal-Mart for their efforts to take care of customers. He explained that this has never happened at a Wal-Mart store before. He added that these people did not have to get involved, but they did and he appreciates all their efforts. There was a standing ovation for these citizens. Captain Cullimore commented that Wal-Mart has been a good addition to the Lindon/Pleasant Grove area and he thanked the staff and general manager for the assistance that they have provided to the communities. Mayor Pro Tem Carpenter also expressed appreciation for the fine police work done by the officers of the Pleasant Grove/Lindon Police Force. There was another round of applause.
MINUTES – The minutes of the regular meeting of January 18, 2005 and the special meeting of January 26, 2005 will be reviewed.
The Minutes of the regular meeting of January 18, 2005 were reviewed. The following corrections were made:
Page 1, Line 34: Replace the word “lain” with the word “laid.”
Page 2, Line 30: Replace the word “some” with the phrase “a housing proposal.”
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE MEETING OF JANUARY 18, 2005 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Minutes of the special meeting of January 26, 2005 were reviewed. There were no corrections.
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 26, 2005. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The Minutes of the executive session of January 26, 2005 were reviewed. There were no corrections.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF JANUARY 26, 2005. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION – Citizens comments
Mayor Pro Tem Carpenter asked if there were comments or questions from the audience on items that were not listed on the agenda. Mr. Troy Tribe asked if the Council had received the information that he had submitted for Lindon Days. Mr. Dameron replied that the report had been distributed. Mayor Pro Tem Carpenter introduced Mr. Tribe as the Lindon Days Chair for this last year and expressed appreciation for his willingness to accept this “huge undertaking.” Ms. Linda Nelson of 318 West 625 North asked about the procedure for selecting a new Mayor. Mayor Pro Tem Carpenter replied that he would explain this procedure during the regular agenda item. He asked if there was any other comment. There was none.
MAYOR’S COMMENTS/REPORT
Mayor Pro Tem Carpenter commented that there is a continuing discussion of transportation options for Utah County. He informed the audience that there is an opportunity for public involvement in the process of long term transportation planning on February 24 in American Fork and March 1 in Orem at the Mountain View High School. He asked any that would like to participate in this process to contact the Council.
CONSENT AGENDA – No Items
CURRENT BUSINESS
1. Appointment – Appointment of New Lindon City Mayor. The City Council interviewed five applicants for the office of Lindon City Mayor on Wednesday, May 26, 2005. Tonight, the Council will take action to fill the office of Mayor by appointment according to State Statute. The term of appointment will be approximately eleven months, after which an elected Mayor (from the election in November 2005) will take office.
Mayor Pro Tem Carpenter observed that the time had come to appoint the new Mayor, but before he turns the time over to the Council, he would like to explain the process to those present in the audience. He commented that State and City Code contain provisions for the replacement of a Mayor in the middle of a term. He noted that these provisions have been used in the past and were used to appoint Mayor Ellertson when Mayor Cullimore was appointed to be a judge. He expressed appreciation to Former Mayor, Larry Ellertson, and commented that Mayor Ellertson had shown vision and skill in guiding the city to a new level. He noted Mayor Ellertson’s presence and interest in the proceedings tonight and encouraged the audience to express their appreciation to him. He added that the new Mayor would find that Mayor Ellertson had set an “intimidating” standard for him to follow.
Mayor Pro Tem Carpenter reported that Mayor Ellertson had successfully run for County Commissioner and his term began in January. Lindon City, in following State Statute, advertised and will appoint his successor to the remainder of his term—from the present to December 2005. The appointment has to occur within one month after the resignation of the current Mayor. He informed the audience that the City Council had received five excellent applications, which could make filling the job both difficult and easy. The challenge is that it is difficult to choose, but that any choice would bring vision and skills to the task. He reported that the Council had conducted interviews in a public meeting held on January 26 and he noted that some of those present in the audience were there listening then. He added that the Council had inquired about the qualifications of each candidate, then adjourned to an executive session to make sure that each Councilmember was well informed and to discuss perceptions. The City Council was now here to make a decision after considering the qualifications and input from citizens that have been given. He noted that the Council would not be taking comment from the public tonight and thanked those who had taken the opportunity to give input.
Mayor Pro Tem Carpenter introduced the candidates to the public as Russell Stay, Eric Anthony, Roger Colton, David Udall and Jeff Acerson. He observed that he wanted to thank them for their interest in participation in city government. He noted that although only one person would be selected, that their interest had been noted and the Council would like to take advantage of their talents in other ways. He reported that the candidates would be pleased to hear that their neighbors all love them and speak highly of them. He observed that the Council is confident that they will be able to find a great solution for Lindon. He reported that he would turn the time over to the Council, and informed the audience that Councilmember Acerson “obviously” has a conflict of interest and would not be participating in the discourse, and has elected to sit in the audience. He also reported that Judge Bullock was present to swear in the new Mayor and let him assume his duties immediately.
Councilmember Bayless began by noting how impressed she was by the candidates and thanked them for the pleasure it was to get to know them better. She observed that it was not an easy choice because there were five very qualified, well-spoken and intelligent individuals. She also expressed thanks for their willingness to serve. She reported to the audience that one of the items that she considered most important was the candidates’ vision of Lindon—what they see as the future of Lindon. She noted that some had expressed a desire to build on the assets of Lindon. They appreciate the values of Lindon and are not looking for major changes. She observed that Lindon had been selected as the Best City in Utah 2004 for many of these reasons.
Mayor Pro Tem Carpenter agreed that there had been a perception of differences in the candidates’ perspectives of Lindon’s values. He also agreed that he was looking for a vision that would maintain the things that make Lindon a good community. He acknowledged that Lindon is facing “growth issues.” He observed that he favored the candidate that sees slow, careful growth that also considers the rights of the property owner to use the property reasonably within this vision. He noted that the challenge is to continue to consider some form of growth that allows Lindon’s children to remain in the community and contribute.
Councilmember Bath agreed that the qualifications of the candidates are “outstanding” and that it was a struggle to decide. He observed that he was excited to see that the City has more citizens that will who were willing to get involved. He noted that the struggle in Lindon is how to handle the expected growth pressures and to continue the programs that Lindon has implemented in the past.
Councilmember Hatch expressed thanks to Councilmembers Bath and Bayless for their many years of working together. He also noted that he was impressed with the quality of the candidates. He explained that he has been on the Council the longest, 14 years, with 7 years on the Planning Commission before. He observed that Lindon has traditions that were formed before his tenure, and it has been his pleasure to try and keep these traditions alive. He acknowledged that this is what he was looking for in a Mayor and agreed that it was a tough decision.
Councilmember Bayless observed that the audience may be interested in what was taken into consideration when making her decision. She explained that many may not know that the City is in a transitional phase—the staff is currently looking to replace the City Planner and Deputy Recorder positions. She noted that this “adds to the mix and the decision-making.” She observed that the City is experiencing a lot of dynamic growth that Mayor Ellertson spearheaded and led through cautious and consistent change. She pointed to the completion of the new freeway interchange and 700 North as examples. She commented that she has “loved” Lindon for almost as long as Councilmember Hatch as an “oasis” on the Wasatch Front. She indicated that Lindon is one of the few remaining cities that preserve animal rights and space and that she hopes Lindon will continue to have this “uniqueness.” She observed that as she listened to the candidates and then received input from community members, she found that many of them came to Lindon for the same reasons and have the same values.
Councilmember Hatch commented that his decision was based on finding someone who would continue to keep the special projects going that had been spearheaded by Mayor Ellertson. He pointed to such community benefits as the joint ventures Lindon is currently undertaking with Pleasant Grove and observed that there had been some tough decisions made that needed completion. He acknowledged that although the many of the candidates would do a wonderful job, Jeff Acerson is familiar with the hard decisions that have been made along the way.
COUNCILMEMBER HATCH MOVED TO APPOINT JEFF ACERSON AS MAYOR OF LINDON CITY FOR THE REMAINING TERM OF FEBRUARY 2005 TO DECEMBER 2005 AS PROVIDED BY STATE AND CITY STATUTE. COUNCILMEMBER BAYLESS SECONDED THE MOTION.
Councilmember Bath added that there is a lot more time and effort entailed in the job of Mayor than many citizens realize. He noted that the decision he has made is not because of the qualifications, but because Lindon has reached a critical stage and needs someone that can take over and continue with the foresight of the previous Mayor. Mayor Pro Tem Carpenter asked if there was other discussion. There was none. He called for a vote.
THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER HATCH AYE
COUNCILMEMBER CARPENTER AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).
Mayor Pro Tem Carpenter suggested that the meeting proceed to the swearing in and invited Judge Bullock to the front. He thanked all friends, family and neighbors for coming and supporting the candidates. Councilmember Bath also put the candidates on notice that their interest in participating in city government had been noted and they would be called upon to serve in another capacity. Judge Bullock performed the swearing in, photos were taken and applause was given by the audience. Mayor Acerson asked Mayor Pro Tem Carpenter to continue with conducting the meeting. He also asked the candidates to consider a position on the Council. Mayor Pro Tem Carpenter informed the public that the same procedure would be taken to fill the now vacant Council position and a similar meeting will be held four weeks from tonight.
Mayor Acerson was asked to introduce himself to those of the press and others that were not familiar to him. He observed that Mayor Ellertson provided a good example and motivation to follow. He commented that his goal is to continue to make Lindon the best city in Utah. He informed the press and audience that he was a graduate of BYU and served in internship in Washington, D.C. He worked with the Osmonds and then with Word Perfect and Novell for fourteen-plus years in corporate communications. He has also been active in the community by coaching young people in team sports, and being the chair of Lindon Days. He has also served on the Governor’s Coalition on Y2K as the chair, been a trustee for American Heritage Schools for twelve years, and a member of the Character Connection committee for ten years. He noted that he was originally from Green River, Utah and is semi-retired. He introduced his wife, Karen, and his children, Stephanie, Kim, Lisa, and Maryann, and noted that his sons were absent tonight—one on a mission and one at scouts. He added that he has served on the Council for 8 years and is the proud owner of two horses.
2. Preliminary Plat – Halling Subdivision, Plat “A.” This is a request by Joey Halling for approval of a two-lot commercial subdivision in the CG zone at 680 North State Street. The Planning Commission recommended approval.
Mayor Pro Tem Carpenter invited Former Planning Director Kevin Smith to introduce this item to the Council. Mr. Joey Halling and Ms. Joyce Halling were also invited. Ms. Halling commented that she wanted to express thanks to Mr. Smith for his help in completing this development plan. Mr. Smith displayed the neighborhood on an aerial photo and pointed out Wal-Mart, Jiffy Lube, Lindon Care Center, and the new car wash. He presented the first proposed subdivision plat and informed the Council that the Planning Commission had recommended approval, although they noted that they would prefer the south property line to be extended all the way to the rear property line. He explained that this configuration had been decided years ago when the Hallings had sold the care center to the present owners. At that time, Lindon City Code had contained a provision that a lot could not exceed a 3-1 depth to width ratio. The Planning Commission recommended that the Halling’s talk to the care center and negotiate changing the property line, which they have done.
Mr. Smith presented the amended subdivision plat. He pointed out that the only concern is the location of a small garage parallel to the property line. He informed the Council that he had talked to the Chief Building Official about fire code distances between a property line and a building. Mr. Dameron commented that the property line must remain a minimum of ten-feet from the building, or the building removed. The Council discussed fire code regulations and zero lot line requirements. The only other consideration is working with UDOT to get access from State Street. Mayor Pro Tem Carpenter asked what chance there is that UDOT will not allow access. Mr. Dameron replied that as long as the lot meets the zoning ordinance, UDOT will grant access.
Mayor Pro Tem Carpenter commented that the access may be right-in, right-out. He observed that the proposal before the Council is that the lot line be adjusted to meet the city requirements around the garage. Councilmember Bayless confirmed that there were no other major concerns if the clearance around the garage is resolved. She asked if the Council could approve it until the plat is changed to reflect this requirement. Mr. Smith replied that the Council can approve it conditionally and that they will see it again to sign the final plat.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY JOEY HALLING FOR HALLING SUBDIVISION, PLAT “A,” A PRELIMININARY SUBDIVISION APPLICATION FOR A TWO-LOT COMMERCIAL SUBDIVISION AT 680 NORTH STATE STREET WITH THE REQUIREMENT THAT THE CLEARANCE OR SETBACK ISSUES BE TAKEN CARE OF BY CHANGING THE LINE OR WORKING WITH THE OTHER PROPERTY OWNER TO MOVE THE BUILDING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Public Hearing – Ordinance Amendment – Chapter 17.16 Non-conforming Buildings and Uses (#2005-5). The City Council will hear public comment and possibly act to amend Chapter 17.16 “Nonconforming Buildings and Uses” of the Lindon City Code.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARINGS FOR THE NEXT TWO ADVERTISED HEARINGS ON THE AGENDA. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Pro Tem Carpenter commented that the Council would be considering minor changes that will clarify the nonconforming uses ordinance. Mr. Smith observed that the City Attorney and the Planning Commission are comfortable with this proposed amendment. This ordinance sets the requirements for modifications of nonconforming lots, buildings and uses. He noted that the purpose of the ordinance is to try and bring nonconforming uses into compliance with the code as much as possible and that a lot of time has been spent on the meaning of the word harmony. He read the provision and pointed out the language now used to accomplish this goal. He also noted the other changes that prohibit the moving of a nonconforming use, and notice of a modification to all neighbors irrespective of city or county boundaries. The Council discussed the amendment and the application of a “reasonable” standard. Mr. Smith commented that finding what is “reasonable” is always a judgment call, but that consistency in how it is applied sets the standard. He suggested that detailed findings enumerated in the minutes of the meeting will guide future decisions. Mayor Pro Tem Carpenter suggested that the Council consider his suggestion on amortizing and phasing out nonconforming uses. Mr. Smith observed that the code contains a provision in the sign ordinance that will remove billboards in the long term. The Council discussed harmony, ownership of a nonconforming use, and the “reasonable” standard briefly. Ms. Nelson asked how this would affect Alpine Motorsports, Utah Auto Sales and Country Cars. She was told that these businesses were the impetus of the changes.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING ON ORDINANCE AMENDMENT 17.16. – NONCONFORMING USES. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO APPROVE THE ORDINANCE #2005-5, AN AMENDMENT TO CHAPTER 17.16 – NONCONFORMING BUILDINGS AND USES AS PROPOSED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER HATCH AYE
COUNCILMEMBER CARPENTER AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).
4. Public Hearing (Continued) – Interlocal Cooperation Agreement – Lindon City and Pleasant Grove City. This public hearing was continued from the January 18, 2005 meeting. 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. By establishing this district, the cities will agree to share the tax base created by development within the boundaries of the district. The Council felt that this agreement is of such importance, that a public hearing was advertised to take as much public comment as possible.
Mayor Pro Tem Carpenter noted that the public hearing for this item was still open. He observed that this is a continuation of the public hearing from the last meeting and that the Council was waiting for feedback from Pleasant Grove on their intentions. Mr. Dameron reported that he had received a phone message from Frank Mills of Pleasant Grove City that their Council had copies of the proposed changes and were reviewing them. They have not advertised and held a public hearing yet either. He suggested that the City continue the discussion with Pleasant Grove City Council.
Councilmember Hatch asked how the agreement will be kept equal if one city builds out faster than the other. Mayor Pro Tem Carpenter pointed out the termination clause. Mayor Acerson and the Council discussed the advantages and disadvantages that may hold for Lindon. Mayor Pro Tem Carpenter asked Commissioner Ellertson to comment. Commissioner Ellertson replied that part of the termination clause is that a reason to terminate the agreement cannot be whether it is financially advantageous to one party over the other. Mayor Pro Tem Carpenter suggested that the clause should be more explicit and say that financial advantage cannot be a reason or cause for termination.
County Commissioner Ellertson pointed out that the agreement sets aside 53% of the sales tax increment received for ongoing costs to administer the agreement. He also noted that the agreement provides that this amount be reviewed on a routine basis to determine if it actually covers the costs or whether adjustments should be made. Mayor Acerson observed that the committee will be involved in the adjustment, but is if there is discord, an independent auditor will be appointed. There was discussion of the priority of completing this agreement and Commissioner Ellertson was thanked for his continued interest and commitment to the City’s best interests.
Ms. Nelson asked what would happen is if one city has more commercial development than the other. Mayor Pro Tem Carpenter replied that this agreement is unique in that both cities will benefit equally. He added that it would remove competition and allow them to share the vision of what can be accomplished. Councilmember Hatch observed that this is a historic agreement as the first one of its kind between two cities. Mayor Pro Tem Carpenter asked if there was other comment. Mr. Stay asked for a copy. Councilmember Bayless asked if the Council needed to re-advertise the public hearing. Mr. Dameron replied that a public hearing is not required, but was done as a public service. The Council decided that they could close the public hearing and bring the item back for discussion when Pleasant Grove had finished their review. Mayor Pro Tem Carpenter suggested that the item not be allowed to languish as development is becoming more imminent and may affect values. There was a discussion of proceeding with development carefully and cautiously to preserve Lindon’s quality of life.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE ITEM TO THE NEXT MEETING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Review and Action (Continued) – Interlocal Cooperation Agreement – Lindon City and Pleasant Grove City. This item was continued from the January 18, 2005 meeting. The City Council will continue its review and possible action on the proposed Interlocal Cooperation 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 Pro Tem Carpenter introducd this item as one having to do with sharing funds for road construction. Mr. Dameron distributed the updated agreement. Mayor Pro Tem Carpenter explained that the agreement addresses pooling the funds for both cities’ road projects and completing only one project to federal standards. He estimated the savings to the cities by doing this as approximately $100,000 to $300,000. The cities are still working on clarification of calculation of the funds and distribution. He noted that the agreement refers to an attachment from the engineer and observed that this attachment is still needed. He suggested that the attachment is needed to discover what funds are involved. He commented that another possible issue is that sometimes UDOT is behind in distributing funds. He suggested that the repayment be based on completion of the project and not on payment from UDOT. Mr. Dameron pointed out the addition of a sentence that addresses this issue. Councilmember Bath expressed favor to the change as “more clear.” It was noted that the next step will be production of the exhibits.
Mayor Pro Tem Carpenter asked if there was other discussion. Ms. Nelson asked if the agreement addresses changes for 700 North and the railroad track crossing. Mayor Pro Tem Carpenter replied yes. Mr. Dameron added that UTA was involved in an agreement to this effect also. Commissioner Ellertson suggested some wording changes that clarify MAG’s role in the funding from UDOT. There was discussion of the matching funds to obtain the funding and the wording of the agreement concerning this item.
Mr. Stay suggested a provision for arbitration be added. Mr. Dameron thanked him for the suggestion and noted that he would forward this to the City Attorney. It was noted that Councilmember Mike Daniels of Pleasant Grove had arrived. He was asked if he had anything to add. He replied no.
COUNCILMEMBER BATH MOVED TO CONTINUE THIS ITEM AND TO BEGIN COORDINATION OF THE ENGINEERING FOR THE EXHIBITS WITH PLEASANT GROVE. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESEN PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Review and Action – Interlocal Cooperative Agreement – Lindon City and Vineyard Town. The City Council will review and possibly act on a proposed Interlocal Cooperation Agreement with Vineyard Town concerning the provision of culinary water service by Lindon to several entities within Vineyard along the common boundary.
Mayor Pro Tem Carpenter observed that the proposed Interlocal Agreement at issue yere here has been requested by Vineyard Town. He explained that the agreement would allow Vineyard businesses to utilize Lindon’s culinary water system until they are close to development of their own system in this area. Mr. Dameron pointed out that the agreement calls for a master meter billed to Vineyard. Vineyard will be responsible for billing and collecting from the businesses. Councilmember Bayless asked if Vineyard will turn in shares to Lindon as required by Lindon’s ordinances. Mr. Dameron replied yes. Councilmember Bayless asked if there is a limit on the support of development in this area. Mr. Dameron replied that if Lindon’s engineers feel that the system is unduly taxed, the service can be discontinued. Councilmember Bayless suggested that there be a limit of a certain number of connections for a certain number of acres. She felt that Lindon’s density standard should be imposed on the number of connections allowed.
Mr. Dameron explained that the businesses in question are presently receiving water from the Geneva system, which is beginning to deteriorate and will be discontinued within the next few weeks. He noted that the businesses do not use culinary water for their operations, just for their employees’ bathrooms, etc. Mr. Don Robertson from Western Engineering agreed that the primary purpose of the agreement is to provide water to three businesses, Shawcor, Pioneer Pipe and the power plant. Mr. Dameron added that the connections would be temporary until Vineyard’s development reaches this area.
Mr. Nate Riley and Mr. Grant Holdaway of the Vineyard Town Council agreed that it would be temporary. He added that it is intended to allow these three businesses to continue their operations, but it is not planed to be permanent. Mayor Pro Tem Carpenter observed that the agreement does not have this limitation. Mayor Acerson asked what time limit Vineyard anticipates. Mr. Holdaway replied that it is hard to estimate because of the bankruptcy of Geneva, but he guessed about three years. Mr. Robertson informed the Council that Shawcor and Pioneer Pipe need a two-inch service for their 25-40 employees. The power plant will need an eight-inch line for fire protection. He added that Vineyard does not have a water utility yet and this is an interim solution.
The Council discussed development plans in the area and the availability of water services from Vineyard. Mr. Holdaway assured the Council that all they were interested in was a two-inch line for present businesses. The Council discussed revising the agreement to limit the number and use of connections. Mayor Pro Tem Carpenter assured the Vineyard representatives that Lindon would be willing to help the existing businesses to continue operations. Mr. Riley thanked the Lindon Council and assured them that Vineyard would be addressing the immediate need for culinary water. He agreed that this is Vineyard’s “foremost issue.”
Councilmember Bayless suggested that the agreement be made more limited. Mr. Dameron observed that the intent is to allow the temporary use of water, and that no expansion of Lindon’s system is needed to accommodate these limited uses. Councilmember Bayless agreed that Lindon is just helping out and being neighborly. Mr. Robertson was asked the time constraints of current water service. He replied that he has about 60 days to make the connections.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE DISCUSSION OF AN INTERLOCAL AGREEMENT WITH VINEYARD TOWN AND ENCOURAGE STAFF TO WORK WITH THE CITY ATTORNEYS AND ENGINEERS TO RESOLVE AND LIMIT THE NUMBER AND USE OF CONNECTIONS TO LINDON’S CULINARY WATER SYSTEM. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Review and Action – Proposed Park Property Purchase from Alpine School District. The city has been in discussions for some time with the Alpine School District for the purchase of approximately four acres of ground for a proposed city park in the area of 600 North Main Street. The Council will discuss the cost and payment parameters and give staff direction concerning this transaction.
Mayor Pro Tem Carpenter observed that the proposal is to approve a purchase of property on the corner of Main Street and 600 North. The parcel is 4.305 acres and there is an option for terms. He noted that this parcel is an important portion of the plans for park development and that this purchase will ensure the preservation of open space in the portion of town. Mr. Dameron informed the Council that he had checked with the bank for their best available rates on financing. He noted that if the Council is willing to allow him to start the process, he will negotiate the best terms available.
Councilmember Bayless asked about the funds budgets for parks. Mr. Dameron replied that the budget did not anticipate this amount, but that the City could draw on its reserves. Mayor Pro Tem Carpenter suggested that this may be wise because the option may not be available in the future to purchase this parcel.
COUNCILMEMBER HATCH MOVED TO AUTHORIZE CITY ADMINISTRATOR OTT DAMERON TO PURSUE THE PROCESS OF OBTAINING THIS PARCEL FOR PARK PROPERTY. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).
Mr. Dameron assured the Council that he would negotiate some terms and bring the item back for final approval. Councilmember Bayless observed that this is something that the City has been considering for years. Mayor Pro Tem Carpenter commented that the Council is to be commended for the great strides made in obtaining and developing park land. Mr. Anthony asked the process for having developers pay part of park development. Mayor Pro Tem Carpenter replied that all developers are assessed impact fees that are used by the City for park development. Mayor Acerson observed that the Council has been prudent in acquiring park land. He pointed out that parks are a valuable resource to the community and land is becoming more scarce and valuable as time goes on. Councilmember Bayless agreed that having a large number of parks is crucial to making a city “livable.”
8. Review and Action – Change Order Request – Squaw Hollow Debris Basin Renovation. This is a request by staff for the Council’s consideration and possible approval of a change order amount which exceeds the parameters of staff authority.
Mayor Pro Tem Carpenter observed that this change order is to provide additional compaction to allow possible adjacent use of the Squaw Hollow Debris Basin. The location of the project and improvements proposed were discussed. Mr. Dameron explained that the City’s plans to rehabilitate and improve this basin into a dual use park have raised questions of the adjacent property owner’s plans to build a home. He noted that the access to the home crosses the basin, and if precautions are not taken to build the density and compaction, the city may be responsible if there is a slide. He noted that the change order will allow the city to manage the risks and mitigate the possible consequences.
COUNCILMEMBER BAYLESS MOVED TO APPROVE CHANGE ORDER #1 FOR THE SQUAW HOLLOW DEBRIS BASIN RENOVATION PROJECT AS REQUESTED. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY (4-0).
COUNCIL REPORTS:
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch commented that he had nothing to report. Mayor Pro Tem Carpenter commented on the landfill district’s stance on the proposed alignment of the Mountainview Corridor. Councilmember Hatch explained that they would prefer that the property not be dissected without any access to the freeway.
TRAILS, PLANNING, ZONNG, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless recommended approval of the agreement for services from Soren Simonson to draft an architectural design for State Street. Mr. Dameron commented that the agreement is being reviewed by the City Attorney.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
Councilmember Bath reported that he had responded to the scene of the stabbing at Wal-Mart and noted that he was particularly impressed with the response of the police department. He noted that the additional suspects to this incident had been in custody in 45 minutes. The incident was discussed briefly.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER
Councilmember Mayor Acerson thanked the TAG group for its response to clean up the graffiti on the Murdock Canal embankment.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter reported that he needed committee member suggestions for the General Plan Committee.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Asked for requests from the project tracking list. There were none. The Council briefly discussed the application process for the planning director position.
2. Announced that Mr. Troy Tribe had submitted the report on the Lindon Days fair and asked the Council to review their copies.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN
COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING OF FEBRUARY 1, 2005 AT 10:47 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – February 15, 2005
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Ott H. Dameron, City Administrator/Recorder
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Bruce Carpenter, Mayor Pro Tem
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