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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » February 15, 2005
February 15, 2005
The Lindon City Council held a regularly scheduled meeting beginning at 7:00 p.m. on Tuesday, February 15, 2005 in the Lindon City Center, City Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Julio Montio of Troop 792 in Orem
Invocation: Bruce Carpenter
PRESENT ABSENT
Jeff Acerson, Mayor
Bruce Carpenter, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Jerald I. Hatch, Councilmember ( arrived at 7:07 p.m.)
Ott H. Dameron, City Administrator
Linda Agler, Recorder Secretary
MINUTES - The minutes of the regular meeting of February 1, 2005 were reviewed. The following corrections were made:
Page 2, Line 43 insert the letter “s” to the word item.
Page 4, Line3 Insert the word “had” between the words “who” and “taken”.
Page 4, Line32 Replace the phrase “that will” with “were willing to”.
Page 5, Line 12 Remove the word “the”.
Page 8, Line 20 Insert the word “County” in front of the word “Commissioner”.
Page 8, Line 24 Replace the word “is” with “if”.
Page 8, Line 28 Replace the word “is” with “if”.
Page 9, Line32 Replace the word “presen” with “present”.
Page 9, Line 41 Replace the word “yere” with “here”.
Page 11, Line 8 Replace the word “check” with “checked”
Page 11, Line11 Remove the letter “s” from funds
Page 11, Line 28 Insert the letter “s” to the words “developer” and “development”.
Page 12, Line 41 Replace the word “Councilmember” with “Mayor”.
COUNCILMEMBER BRUCE CARPENTER MOVED TO APPROVE THE MINUTES AS CORRECTED FOR THE FEBRUARY 1, 2005 MEETING. COUNCILMEMBER TOBY BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments.
Mayor Acerson and Councilmember Bruce Carpenter welcomed and briefly spoke with 2 boy scouts, Julio Montio and Boris Galleguillos, attending the meeting.
MAYOR’S COMMENTS/REPORT
Mayor Acerson expressed his appreciation for the opportunity to serve the residents of Lindon and the support showed to him at the time of his appointment. He reported he will be running for Mayor in the fall election.
Mayor Acerson then introduced Kathy Allred from the Lindon Character Connection, and revealed he too has been on the Character Connection team. He impressed upon the audience the importance of this organization and the attributes it conveys.
Kathy Allred began by saying she has been a member of the Character Connection team for nearly 13 years and appreciates the support from each of the Councilmembers and the Mayor. She explained that the Character Connection is forming a partnership with Wasatch Mental Health. She continued to say the two organizations have been working on a calendar in which pictures have been created by local elementary school students. A grant from Alpine School District was given to assist with the partnership project. She then introduced Sean Tanner, a Boy Scout earning his Eagle Scout Award as one who will be utilizing this opportunity to become involved with the partnership.
Sean Tanner introduced himself and presented his Eagle Project to the Council. He explained that he has asked scouts from each ward in the city to help distribute the free calendars to every household in Lindon. Each member of the Council was given a calendar.
Mayor Acerson thanked him and the Character Connection for their efforts and said he appreciates the partnership formed.
Nancy Zundel, residing at 352 W 600 N, asked about the number of speed limit signs along State Street. She felt there were too few of these signs installed.
Captain Cody Cullimore of the Pleasant Grove/Lindon Police Department was present in the audience and replied to her claim. He stated the number of signs conform to standards set by the Utah Department of Transportation.
CURRENT BUSINESS
Mayor Acerson asked for a motion to open the Public Hearing. COUNCILMEMBER LINDSEY BAYLESS MOVED TO OPEN THE PUBLIC HEARING AND COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
1. Public Hearing - Design Variance Request. Brent Adair, petitioner, is requesting approval of a design variance for a setback issue to construct an enclosed sun porch which encroaches on the required rear setback of his residence.
Brent Adair introduced himself and his wife Alta as residents living at 1283 E. Canberra Drive. Mr. Adair said they had previously approached the Planning Commission on two occasions and this is the third time this item has been before the City Council. He was here to discuss a building code rear yard setback requirement for an enclosure of a 30' deck.
Mr. Adair gave a brief history regarding the petition. Mr. Adair claimed the builder of the home increased the front yard set back and caused a problem with the rear yard set back. Therefore, enclosure of the deck would not be allowed by Lindon City Code. Kevin Smith, former Planning Director suggested the Adair’s request a change to the ordinance requirement; however, the feedback from the City Council was a fear that the intent of the ordinance would be circumvented. Mr. Adair stated he then decided to pursue his request through a design variance which the code did allow. He said the nearest homes to him are 75' and 100' away and doesn’t see how enclosing his deck will affect anyone negatively. He displayed photos of his home and of an enclosed deck structure.
Councilmember Bayless commented that after reviewing the item under the “design variance” section of the code, she felt much better about this request. She stated that “findings” are crucial in approving a variance and since the position of this house is unique, she doesn’t feel precedence-setting will be a problem.
Councilmember Carpenter said he felt justification for the variance has been achieved.
Councilmember Bath said he felt the same as Councilmember Bayless with regards to setting a precedence, and if she felt comfortable then he concurred.
Councilmember Bayless noted that she wanted residents to feel comfortable with the setbacks in the area and that in this particular instance the angle of the Adair’s home is such that other homes in the area won’t be affected. She thought it would be unlikely that someone else would have a similar situation. Councilmember Bayless stated that the 5 findings by the Planning Commission made her comfortable in making her decision.
Mayor Acerson asked for comment from the audience and Linda Nelson, resident, asked if the variance would include the reasons for approval, thereby giving a more comfortable feeling to those who think it might set a precedence. The findings were read as follows:
1. There are no homes backing directly to the deck area
2. There will still be a 60' separation from the sun porch and neighboring homes.
3. All neighbors around the Adairs have given written approval of the proposal.
4. All lots surrounding the proposal have been developed.
5. There will be no central climate control system for the sun porch.
Seeing no further public comment, Mayor Acerson asked for a motion to close the public hearing. COUNCILMEMBER BRUCE CARPENTER MOVED TO CLOSE THE PUBLIC HEARING ON THE DESIGN VARIANCE. COUNCILMEMBER TOBY BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER LINDSEY BAYLESS MOVED TO APPROVE THE DESIGN VARIANCE REQUEST FOR BRENT AND ALTA ADAIR TO ALLOW FOR AN ENCLOSED SUN PORCH DECK BASED UPON THE 5 FINDINGS FROM THE PLANNING COMMISSION AS LISTED ABOVE. COUNCILMEMBER CARPENTER 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).
2. Public Hearing (Continued) - Interlocal Cooperation Agreement - Lindon City and Pleasant Grove City. This public hearing has been continued from the January 18, 2005 and February 1, 2005 meetings. 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 ensure that as much public comment as possible could be taken.
Since the Pleasant Grove City Council had not yet acted on this issue, it was decided to continue the item to coincide with Pleasant Grove’s discussions. COUNCILMEMBER JERALD HATCH MOVED TO CONTINUE THIS ITEM UNTIL THE PLEASANT GROVE CITY COUNCIL SCHEDULED IT FOR DISCUSSION ON THEIR AGENDA. COUNCILMEMBER TOBY BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Review and Action (Continued) - Interlocal Cooperation Agreement - Lindon City and Pleasant Grove City. This item was continued from the January 18, 2005 and February 1, 2005 meetings. 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 and UDOT for the construction of roads on the northeast side of the new I-15 Interchange and Lindon’s 700 North Street.
Ott Dameron, City Administrator recommended discussion and action on this item upon the condition that the Mayor have the final review and approval authority. He commented that the agreement will give a significant savings to both cities.
Commissioner Carpenter said the latest draft deals with budgetary issues.
Mayor Acerson explained how MAG (Mountainland Association of Governments) will be funding a portion of the project through federal funds. Pleasant Grove will receive all of the allocated funds and then reimburse Lindon for its portion. Only roads can be included in the project. The money cannot be used for sewer, water or other utilities. He said each of the cities will have costs pertinent to their individual projects. By separating the projects, Lindon will save approximately $300,000 on the 700 North street project by not using federal funds. This savings would then be shared by the two cities..
Ms. Zundel from the audience said the idea “sounds brilliant”. The Councilmembers expressed a hope that other cities might use this agreement as an example to cooperate and not compete. The proposed taxing district agreement carries this concept even further.
Bretton Lind, a resident from 1155 E 380 N, asked who manages the money in the taxing district agreement (which was continued from item #2). Mayor Acerson explained there is a checks and balances system. He explained that whenever two cities enter into an agreement, one side, in theory, can take on the identity of the other and feel comfortable that both had an equitable result.
COUNCILMEMBER TOBY BATH MOVED TO APPROVE THE COOPERATIVE AGREEMENT FOR ROAD PROJECT BETWEEN PLEASANT GROVE CITY AND LINDON CITY PENDING THE MAYOR’S FINAL REVIEW AND APPROVAL AND TO AUTHORIZE THE MAYOR TO SIGN ALL RELATED DOCUMENTS AFTER THE MAYOR IS SATISFIED THAT THE AGREEMENT IS READY FOR SIGNATURE. COUNCILMEMBER BRUCE CARPENTER 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).
4. Review and Action - Interlocal Cooperative Agreement - Lindon City and Vineyard Town. This item was continued from the February 1, 2005 meeting. The City Council will continue its review and possible action 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 with Lindon City.
Mr. Dameron updated the council on the agreement to provide culinary water to Vineyard. He explained a master meter will be used to monitor the water usage and Lindon will bill Vineyard for that usage. The concern regarding the agreement was to “tighten it” so the potential was not there for the services to be expanded beyond the five entities which have requested culinary water service.
Councilmember Bath asked if there is a way to monitor the water usage should the meter fail. Mr. Dameron said the City will notice anything unusual as soon as the figures appear abnormal.
Don Robertson from Western Engineering and Mayor Randy Farnworth were in attendance. Mr. Robertson said he was not sure how many entities were applying for usage. He indicated there will be some industrial use from 5 companies, Western Pipe Coaters, which will use approximately 10,000 gallons a day. Bredero Price usage could be using approximately 1,000 gal/hr. Pioneer Steel, BFI and the new power plant were probably within normal culinary use (bathrooms, drinking, etc.). Eventually, the power plant will be drilling their own well. An industrial acid wash will be used by Western Pipe Coaters and Bredero Price thus indicating a need for more water as indicated above. However, the city engineer did not feel the industrial use would have a negative impact on the total capacity of the city’s culinary system.
Councilmember Bayless asked where the industrial water goes after it is used. Mr. Robertson replied it is recirculated and used again with some loss to evaporation. For that reason, he thought the usage numbers given for Western Pipe Coaters were too high.
The term of the agreement will be for 10 years, allowing a withdrawal through a 6 month written notice. Mr. Dameron said Jared Frei, city attorney, sent a copy of the agreement to Dave Church, Vineyard’s attorney, for review. Mr. Church had no recommended changes.
Mayor Randy Farnworth of Vineyard said their Council will be acting on the agreement during Vineyard’s City Council meeting scheduled for the next evening.
Mr. Lind, citizen, asked how the water will be metered. He was told that the water usage will be monitored through a master meter. He also asked if Lindon were to have a water shortage how that would affect this agreement. Mr. Dameron replied there is a provision in the agreement for Lindon to withdraw from providing this service. Mayor Acerson said it is common for cities to help other cities in this fashion and help foster good relationships, especially when in need.
COUNCILMEMBER JERALD HATCH MOVED TO APPROVE THE INTERLOCAL COOPERATIVE AGREEMENT WITH VINEYARD TOWN TO SUPPLY CULINARY WATER SERVICE TO SEVERAL ENTITIES ALONG THE COMMON BOUNDARY PENDING THE MAYOR’S FINAL REVIEW AND APPROVAL AND TO AUTHORIZE THE MAYOR TO SIGN ALL RELATED DOCUMENTS AFTER THE MAYOR IS SATISFIED THAT THE AGREEMENT IS READY FOR SIGNATURE. COUNCILMEMBER TOBY 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).
Mayor Acerson asked the boy scouts in attendance if they had any questions about the process they had just witnessed in completing the business of the City Council. Boris Galleguillos, residing at 1075 W 105 N in Orem, asked how the Council agrees on an answer or decision. Mayor Acerson responded that it is difficult sometimes because the Mayor and Council members have differing opinions. He said sometimes experts are hired to help with decisions. Boris then asked the Mayor his age. The Mayor laughingly replied he was 49.
5. Review and Action - Lindon Days Standards. This is a staff proposal for the Council’s consideration which outlines several recommendations for standard operating procedures pertaining to the annual Lindon Days Celebration.
Mayor Acerson introduced this item as a proposed resolution which would standardize some things pertaining to Lindon Days so the new chair people will have procedures to follow from year to year.
The Council reviewed each of the items individually then made comments and/or suggestions. The items reviewed are as follows:
1. The main activities of the Fair will be held in the Lower City Center Park
2. The Lindon Days booklets outlining the activities during the celebration will be delivered to the citizens at least 1 week prior to the first event.
3. The City’s office personnel will be notified of event times and dates to assist in sign-ups and answering questions at least 2 weeks in advance of the first event.
4. An arts and crafts exhibit will be included each year.
5. A pet and talent show will be included each year.
6. Arena events will be combined, as possible, to avoid conflicts with other events. Concessions will be furnished at the arena events.
7. A trail ride will be included each year.
8. A 5K run will be included each year.
9. Huck Finn Days will be included each year.
10. Adequate food vendors will be provided for the fair itself.
11. The Flag Ceremony and Breakfast will be included each year.
12. A city parade will be included each year.
13. Saturday entertainment and fireworks will be included each year.
14. A city representative will be appointed to sit on the Lindon Days Committee to help with coordination.
Councilmember Bayless commented that Item #2 should state “at the latest, or no later than”, instead of “at least 1 week prior” because some people tend to wait until the very last minute. Item #6 should indicate that arena events should be scheduled to avoid conflict. Item #9 should have “at Creekside Park” added to the end of Huck Finn Days. Mention should be given to one or more horse shows. Another suggestion was to pass on pertinent information and documentation to the new leaders each year.
Councilmember Hatch commented that the Saturday night entertainment should be positioned on top of the hill in the upper City Center Park.
There was some discussion as to where to shoot the fireworks. The present location might not be available after a few years.
Bretton Lind, citizen, stated that if he were chairing the Lindon Days Celebration he would want to know such things as resources, definite locations for events, and scheduling. He added he would not like having too many standards thereby allowing more flexibility.
Councilmember Bayless retorted that the City wants certain standards to be used, that items and events can be added, but the Council feels these suggestions are time-tested. She went on to read aloud the 14 items mentioned in the proposed Resolution 2005-4.
Captain Cullimore asked if the City had a standard for appointing members of the Committee. He was told, no, and finding citizen volunteers is definitely a struggle each year.
Councilmember Carpenter said he felt certain standards could be maintained while allowing some flexibility. He felt a statement should be made to include what will not be acceptable at the fair as well.
Mr. Dameron said he will take the suggestions back to the staff to add to the list of standards for the Resolution.
COUNCILMEMBER LINDSEY BAYLESS MOVED TO CONTINUE THIS ITEM, RESOLUTION NO. 2005-4, A RESOLUTION APPROVING CERTAIN STANDARD OPERATING PROCEDURES FOR THE ANNUAL LINDON DAYS CELEBRATION, TO THE MARCH 1, 2005 CITY COUNCIL MEETING. COUNCILMEMBER TOBY BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCIL REPORTS:
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM
Councilmember Hatch suggested Roger Colton as a possible member of the General Plan Committee. He reported a Provo River Water Users Association meeting scheduled for 6:00 p.m. Thursday evening. Mayor Acerson said he will try to attend.
He also reported that Deny Farnworth has cemented-in a Hollow Water headgate and cut off water supply to 3 homes. Mr. Dameron said he will investigate the situation.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
Councilmember Bayless requested action be taken to make Lindon City a Tree City USA. Councilmember Bath interjected if this is to take place, there is a company going through the town that is butchering some of the trees so the city needs to be careful where they are placed. Mr. Dameron noted to Councilmember Bayless that Lindon can become a Tree City by adopting a resolution, selecting a committee, and budgeting funds, among other things. Councilmember Bayless said Marilyn Simister will be spearheading the committee. Mr. Dameron will give Councilmember Bayless a list of requirements to pass on to Ms. Simister for her information.
Mrs. Bayless said the Planning Commission is currently short one planning commissioner. She encouraged the Mayor to seek out someone to fill the position.
Mr. Dameron reminded the Mayor that the Council assignments need to be reviewed as well. He then reported that David Udall, Tim Clyde and Russell Stay have applied for the vacated Council member position, now open due to Jeff Acerson being selected as Mayor.
Councilmember Hatch asked if Don Peterson should attend the Hollow Water Company meetings since Don would be able to answer many of the questions which were asked of him. Mr. Dameron said that the Council had already assigned Don to be its representative to the North Union Irrigation Company board meetings and he would not want to assign him to the Hollow Water Company as well, only if he wanted to volunteer to attend.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS
There was no report from Councilmember Bath.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS
Councilmember Carpenter asked how the withdrawal of the county from MAG will impact the remaining members and Lindon City specifically. He voiced concerns about representation. Mayor Acerson said he will get a better feel for any impacts after he attends the next few MAG meetings.
Captain Cody Cullimore requested a resolution be passed by the Lindon City Council adopting the National Incident Management System, NIMS. Mr. Dameron asked him to bring a copy of the resolution to the City.
Nancy Zundel and Linda Nelson asked about the procedure to run for City Council and Planning Commission and what is expected of them should they decide to run. The Council gave their input saying it probably would be a good idea to start out on the Planning Commission. The Mayor appoints members of the Planning Commission with advice and consent from the City Council. To become a member of the City Council, it is normally necessary to file for the office and run during an election.
ADMINISTRATOR’S REPORT
Mr. Dameron reported
1. There is an engineering coordination meeting scheduled for tomorrow at 12:00 Noon.
2. An R2 Overlay Committee meeting tomorrow evening at 7:00 at the City Center.
3. Tuesday, February 22nd at 6:00 PM, the Council will be conducting interviews for the City Council replacement member.
Councilmember Carpenter thought the Council could interview in a very casual setting and sit where the audience sits. He felt a “Meet the Candidates” type questioning period might work best. Councilmember Bath didn’t think the Council would be able to get all the information they wanted from the interviews in that type of setting. He felt individual interviews would work best.
4. The annual retreat will be held on February 26 at 8:00 AM
5. There was nothing new to report on the Project Tracking List.
6. The new Planning Director will begin work full-time on the 9th of March.
Councilmember Lindsey Bayless said the interviewing committee selected Adam Cowie from Oregon. Adam was an intern at Lindon City about 3 years ago. He is currently in the process of moving, and his wife is about to have a baby and they are selling their house.
Councilmember Hatch asked about the Deputy City Recorder position. Mr. Dameron said the applications are closed and interviews will begin on Friday at 10:30 a.m. He said there were about 24 applicants.
7. The annual retreat agenda items will entail recreation and personnel issues, among other things.
Mayor Acerson reminded the Council of the Utah League of Cities and Towns on April 13, 14, and 15.
8. The recycling program began with 178 sign ups. Information will come with the can.
9. Open House with Field Stone and Trophy Homes on March 3, 7:00 PM. This is regarding a residential proposal for the west side.
Ms. Nelson said she did not like the idea of the high density housing. She feels it does not promote “community” since the turnover in the housing is high and no one really stays long enough to be part of the community.
10. Some painting and refurbishing is occurring in the City Center to prepare for new arrivals and room changes. Mr. Dameron said the construction downstairs has ceased until staff can get design plans to the Council.
11. Kristen Colson has been awarded the prestigious Certified Public Finance Administrator credential.
12. An agreement has been signed to prevent an auto dealership from locating on the property where Country Cars is currently located.
COUNCILMEMBER BRUCE CARPENTER MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER TOBY BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER LINDSEY BAYLESS MOVED TO ADJOURN THE MEETING AT 9:28 PM. COUNCILMEMBER JERALD HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - March 1, 2005
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Ott H. Dameron, City Administrator/Recorder
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Jeff Acerson, Mayor |
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