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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » July 19, 2005
July 19, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, July 19, 2005, beginning at 7:00 p.m., in the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.
Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Todd Sparks, Boy Scout
Invocation: Lindsey Bayless, Councilmember
PRESENT ABSENT
Jeff Acerson, Mayor Eric Anthony, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator/Recorder
Adam Cowie Planning Director
Debra Cullimore, Deputy Recorder
The meeting was called to order at 7:05 p.m.
MINUTES - The minutes of the regular meeting of July 5, 2005 were reviewed. The following corrections were made:
Page 1, Line 40: add the words “on the north side of Lakeview Drive, and will then cross to the south side onto the Old Station Square development.”
Page 3, Line 38: add the sentence: “Mr. Marchbanks, owner of lot 1, stated that he was in agreement with the trail placement”.
Page 4, Line 15: delete the words “which we”, and add the word “that”.
Page 5, Line 15: delete the words “of the entrances to Lakeview Drive”, and add the words, “road off of State Street”.
Page 6, Line 25: change the word “six” to the word “five”, and add the words “possible restoration”.
Page 6, Line 28: delete the word “documentation”, and add the words “the process”.
Page 16, Line 41: delete the word “should”, and add the word “could”.
Page 17, Line 6: change the vote to reflect a “nay” vote from Councilmember Hatch.
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE JULY 5, 2005 MEETING AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED FAVOR. THE MOTION CARRIED.
OPEN SESSION –
No citizen comments.
MAYOR’S COMMENTS/REPORT –
In the interest of time, Mayor Acerson gave no report.
CONSENT AGENDA –
No items.
CURRENT BUSINESS –
1. Public Hearing – Timpanogos Academy, Plat “B”, Amended Plat and Nonconforming Lot. The City Council will hear public comment and possibly act to approve this request by Leonard Lee for approval of an amended plat, Timpanogos Academy, Plat “B”, and an existing non-conforming lot, north of this subdivision located on the corner of Center Street and 100 East. The Planning Commission recommended approval with conditions.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING FOR TIMPANOGOS ACADEMY PLAT “B”, AMENDED PLAT. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Cowie reviewed the application. He stated that the City Council previously approved Timpanogos Academy Plat “A”. This request is to adjust the north property line, and remove a non-conforming structure located on the site. Mr. Cowie pointed out that a public hearing is required for this item, due to the fact that the lot on the north end is non-conforming, and therefore requires a public hearing to adjust the boundary line. The Planning Commission recommended that the non-conforming structure be removed prior to a certificate of occupancy being issued for the new building. The Planning Commission also recommended that building inspection reports for the charter school under construction on the southwest corner of the site be turned in to the City building official prior to occupying the structure. Mr. Cowie noted that this was a condition of the previous approval which had not yet been met. It will also be necessary to vacate the utility easements along the north property line, and provide a 7.5 foot utility easement along the east boundary. Mayor Acerson observed that the size of the north lot is non-conforming. He asked if this boundary change brings it into conformance. Mr. Cowie stated that the lot will still be non-conforming, but the boundary change would bring it more into compliance. Mr. Cowie pointed out that the change eliminates the non-conforming structure on the site and addresses the width of the parcel. Mr. Lee pointed out that the change eliminates several problems associated with the site. Mayor Acerson called for further discussion or questions from the Council. He also invited any public comment. Hearing none, the public hearing was closed.
COUNCILMEMBER CARPENTER MOVED TO CLOSE THE PUBLIC HEARING FOR TIMPANOGOS ACADEMY PLAT “B”, AMENDED PLAT. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY LEONARD LEE FOR A MINOR SUBDIVISION APPROVAL TITLED “TIMPANOGOS ACADEMY PLAT B” ALLOWING FOR ALTERATION OF THE PROPERTY LINE ON THE ADJACENT NON-CONFORMING LOT, WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE NON-CONFORMING BUILDING IS TO BE REMOVED PRIOR TO ANY CERTIFICATE OF OCCUPANCY BEING ISSUED FOR THE STRUCTURE ON THE NEW LOT 5.
2. THAT COPIES OF ALL BUILDING INSPECTION REPORTS FOR THE CHARTER SCHOOL BUILDING UNDER CONSTRUCTION ON THE SOUTHWEST CORNER OF THE SUBDIVISION BE TURNED IN TO THE LINDON CITY BUILDING OFFICIAL PRIOR TO OCCUPYING THE STRUCTURE.
3. THAT THE APPLICANT OBTAIN PROPER DOCUMENTATION VERIFYING THAT THE OLD 7.5 FOOT UTILITY EASEMENTS ALONG THE NORTH PARCEL LINE ARE VACATED BY ALL UTILITY COMPANIES AND THE NEW PARCEL BOUNDARIES PROVIDE A 7.5 FOOT UTILITY EASEMENT.
COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Review and Action – Site Plan. “My Smart World Preschool”. This is a request by Leonard Lee for approval of the site plan for a commercial preschool facility in CG zone at 40 South 100 East. The Planning Commission recommended approval with conditions.
Sherrie Worley will be the administrator of the proposed preschool. She joined Mr. Lee for this item. Mr. Cowie explained that the preschool is proposed for lot 5 of Timpanogos Academy Plat B. Mr. Cowie clarified that the preschool will not be a charter school, but a private commercial preschool, and that all applicable city codes will apply to the construction of the facility. Mr. Cowie stated that only the preschool is intended for the site at this time, but there is potential for art, dance, music lessons, or a daycare facility at some time in the future. Mayor Acerson asked if these were all qualified uses. Mr. Cowie stated that a revised development agreement had been approved which allows the stated uses. Mr. Cowie noted that the development agreement may need to be revised to include Plat B. Mr. Lee agreed that any technicalities in the agreement should be addressed. Mr. Cowie stated that the agreement will be brought to the Council if a revision is necessary. Mr. Cowie reviewed the recommendations made by the Planning Commission. The recommendations were that starting times for the preschool be staggered with Timpanogos Academy and Lindon Elementary, that the recommendations of the traffic study be followed, that adequate drop off and pick up areas be provided, and that the driveway entrance be widened to twenty eight feet. Mr. Cowie stated that he had discussed the driveway width with the City engineer. The engineer felt that the proposed twenty six foot width would be adequate, but also felt that extending the width to twenty eight feet would not present a significant problem for the developer. Mr. Lee indicated that he is willing to increase the width of the drive if necessary.
Councilmember Carpenter asked Mr. Lee if Timpanogos Academy intends to use the gate at the south end of the private street near the shopping area. Mr. Lee stated that the gate on the south end of the drive will be used, as well as a chain on the north access. The drive area will be open only during drop off and pick up times. Mr. Lee noted that supervision will be provided by Timpanogos Academy and the preschool during drop off and pick up times. The supervision is intended to minimize safety concerns for the students during those times. Mr. Lee mentioned that elimination of the non conforming block building will improve visibility and create more space in the drop off and pick up area for the preschool. Mr. Lee also noted that students may be dropped off at the preschool up to fifteen minutes prior to start time. This arrangement will accommodate parents who may have students attending Timpanogos Academy and the preschool. Ms. Worley commented that ending time for Timpanogos Academy is 3:00, Lindon Elementary is at 3:30, and that the preschool will end at 3:15. Mr. Lee noted that traffic from Timpanogos Academy has cleared by 3:15. Captain Cody Cullimore of the Police Department commented that possible safety concerns appear to have been addressed. Councilmember Bath agreed that safety concerns have been sufficiently addressed by all parties. Councilmember Carpenter noted that it is the nature of schools to be associated with possible safety concerns, but the goal of the Council is to minimize safety concerns as much as possible.
Mayor Acerson called for further discussion. Hearing none, he called for a motion.
COUNCILMEMBER BATH MOVED TO APPROVE THE SITE PLAN REQUEST BY LEONARD LEE FOR A COMMERCIAL PRESCHOOL FACILITY WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE PRE-SCHOOL HAVE STAGGERED STARTING AND ENDING TIMES WITH TIMPANOGOS ACADEMY AND LINDON ELEMENTARY.
2. THAT THE APPLICANT FOLLOW ALL RECOMMENDATIONS IN THE TRAFFIC STUDY.
3. THAT THE APPLICANT CONTINUE TO PROVIDE ADEQUATE DROP-OFF AND PICK-UP AREAS AS SHOWN ON THE SITE PLAN.
4. THAT THE DRIVEWAY ENTRANCE BE WIDENED TO A MINIMUM 28’ WIDTH.
COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Members of Council went on to give Mr. Lee suggestions for structuring the drop off and pick up times for the school. Suggestions were made for pictures the children could identify, a numbering system for carpool vehicles, and an intercom system to notify teachers when certain vehicles have arrived for pick up. Councilmember Carpenter noted that the goal is to have as few students as possible in the drop off and pick up area. Mayor Acerson asked Mr. Lee when he intends to open the preschool. Mr. Lee stated that he is hopeful that the school will open September 1, 2005.
3. Review and Action – Re-Plat Dirker Farms, Plat “A”, Lots 1 & 2, Creating Dirker Farms Plat “D”, Lot 1. This is a request by Chris Child for preliminary subdivision plat approval of Dirker Farms, Plat “D”, 1 lot, in the R1-20 zone at 218 East 70 South. Approval of this subdivision will combine two lots into one larger lot. The Planning Commission recommended approval with conditions.
Chris Child was the representative for this item. Mr. Cowie explained that the application is to approve a re-plat for lots 1 & 2 of the existing Dirker Farms Plat A subdivision in order to consolidate the two lots into one larger parcel. Mr. Cowie reviewed the conditions which were recommended by the Planning Commission. Mayor Acerson asked Mr. Child if he had any questions or concerns regarding the Planning Commission recommendations. Mr. Child indicated that there were no concerns. Mayor Acerson called for a motion.
COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY CHRIS CHILD, FOR THE DIRKER FARMS PLAT D SUBDIVISION, WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE APPLICANT TURN IN THE REQUIRED DOCUMENTATION VERIFYING THAT THE EXISTING 7.5’ UTILITY EASEMENTS ON BOTH SIDES OF THE CURRENT DIVIDING LINE BETWEEN LOTS 1 & 2 ARE VACATED.
2. THAT THE APPLICANT OBTAIN WRITTEN VERIFICATION THAT PLACEMENT OF A HOME “FULLY UNDER THE POWER LINE” IS PERMITTED BY THE UTILITY COMPANY HAVING RIGHTS TO THE EASEMENT.
3. THAT THE DEVELOPER PAY TO HAVE ONE SET OF THE TWO EXISTING UTILITY SERVICE CONNECTIONS CAPPED (TERMINATED) AT THE PROPERTY LINE AND THAT ONE WATER METER BE REMOVED.
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Review and Action – Clarification of Vacation of Portions of Dirker Farms, Plat “A” (Ordinance #2005-10). This is a request by staff on behalf of Wayne Johnson for approval of a city ordinance which will clarify that the intent of Dirker Farms, Plat “C”, was to vacate portions of Plat “A” belonging to Mr. Johnson.
Mr. Cowie explained that this ordinance is being required by the Utah County Recorder’s office to clarify that the intent of Dirker Farms Plat C was to vacate portions of Plat A. The County currently considers the ‘underlying parcels’ of Plat A to still be in existence, and is taxing Mr. Johnson’s property as subdivided residential lots. The recommendation of the County is to vacate lots 9, 10, 11, and 13. Mr. Dameron inquired as to the status of lot 12. Mr. Cowie stated that lot 12 is in a different location. Mr. Cowie stated that a legal description of the vacated area is included in the information for this meeting, but it is unclear if the legal description will be required by the County. The legal description will be included if necessary. Mr. Cowie suggested that inclusion of the legal description be included as part of the motion as a contingency. Mayor Acerson called for further discussion. Hearing none, he called for a motion.
COUNCILMEMBER HATCH MOVED TO APPROVE ORDINANCE #2005-10 VACATING ALL PORTIONS OF LOT 9, 10, 11, AND 13 OF DIRKER FARMS SUBDIVISION, PLAT A WITH THE FOLLOWING CONDITION:
1. THAT IF NECESSARY, A LEGAL DESCRIPTION OF THE VACATED AREA BE ADDED TO THE ORDINANCE AS “EXHIBIT C”.
COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
5. Review and Action – Conditional Use Permit – T-Mobile USA Cell Tower. This is a request by T-Mobile USA, represented by Jerome Gourley, for approval of a conditional use permit to locate a new cell tower in the northeast corner of the Public Works Complex property. This application was approved by the City Council in 2004, but the permit expired before T-Mobile acted. The Planning Commission recommended approval with no conditions.
Jerome Gourley was the representative for this item. Mr. Cowie explained that the cell tower will be located on the northeast corner of the Lindon City Public Works property in 40’x40’ area which will be leased from the city. Mr. Cowie noted that the required utilities will be installed along the east side of the building to Center Street. Mr. Cowie noted that a condition of the previous approval had been to acquire necessary utility easements on neighboring parcels. Easements on neighboring parcels will not be necessary for this application, as utilities will be located entirely on city owned property. Mr. Dameron noted that a portion of the utility trench (telephone) will be located in the shared roadway access. Mr. Dameron stated that the City does not anticipate any problems associated with the installation of utilities. Mr. Gourley stated that the telco utility lines could be consolidated into the same trench as the electrical lines on the east side if necessary.
Councilmember Bath asked if the tower was intended to hold up to three additional carriers. Mr. Gourley clarified that the tower will hold up to three total carriers, which would be two additional carriers. Councilmember Bath asked if there are any applicants. Mr. Gourley stated that there are no applicants at this time, but that the City ordinance requires any carrier to approach the City to locate on this tower. If an applicant requests another location, they are required to state why they are unable to locate on this tower. Mr. Gourley noted that the intent of locating several carriers on one pole is to eliminate a proliferation of poles in the City.
Mr. Dameron noted that information from approval of a similar tower in Orem City had been included in the information packets for this meeting. He suggested that the Council review the proposals for Orem City to determine if they would like to include any of the same requirements for approval of this application. Mr. Gourley noted that this proposed tower would be an exact duplicate of the tower approved in Orem at the Orem Junior High School. Councilmember Carpenter asked if this tower is proposed with flush mounted antennas. Mr. Gourley clarified that the tower at Orem Elementary includes flush mounted antennas, but that the tower at Orem Junior High does not include flush mounted antennas. Councilmember Bayless asked why the antennas would not be flush mounted. Mr. Gourley stated that separation of the antennas will provide a better opportunity for 365 degree use of the antennas.
Councilmember Bayless asked if there is an enclosure proposed for this site. Mr. Gourley stated that a chain link fence and outdoor storage cabinets are proposed. Mr. Dameron noted that the Council may require a brick or block enclosure. Councilmember Carpenter asked if there was a specific reason a structure should be required. Mr. Dameron noted that a great deal of time and money had been spent in designing the Public Works facility. He felt that requiring a structure that would compliment the Public Works facility would not be unreasonable. Mr. Gourley stated that complimentary colored slats could be installed in the chain link fence, but that requiring a brick or block structure would be a significant expense. Councilmember Bath observed that typically the appearance of slats in chain link fence deteriorates rapidly. Councilmember Carpenter asked about the proposed color of the tower. Mr. Gourley stated that it is proposed as a galvanized steel tower, but could be painted if requested by the City. He observed that the galvanized steel tends to weather nicely and requires less maintenance than a painted surface. Councilmember Carpenter asked if lighting for the tower is proposed. Mr. Gourley stated that no lighting is proposed, but that lighting and a timer could be added. Mr. Dameron observed that the location of the tower is in a corner of the site, and that lighting may be desirable for security purposes.
Mr. Cowie informed the Council that proper noticing had been conducted in the 300 foot buffer area surrounding the site with no response. Mr. Cowie noted that the 300 foot requirement did not include any residential areas. Notices were hand delivered to the surrounding residential area with no response.
Mayor Acerson called for further discussion. Hearing none, he called for a motion.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY T-MOBILE USA FOR A CONDITIONAL USE PERMIT FOR A NEW CELL TOWER AS PROPOSED, WITH THE FOLLOWING CONDITIONS:
1. THAT THE SITE INCLUDE A SEVEN FOOT HIGH BLOCK FENCE CONSTRUCTED TO COMPLIMENT THE PUBLIC WORKS FACILITY.
2. THAT SECURITY LIGHTING BE INSTALLED ON THE TOWER.
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Gourley noted that an eight foot chain link gate would be necessary to access the tower. He stated that slats of a complimentary color to the block fence would be installed.
6. Review and Action – Agreement with Voice Stream PCS II Corporation dba T-Mobile USA. This is a request by staff for approval of the operating agreement between the City and T-Mobile USA.
Mr. Dameron explained the specifics of the agreement. He stated that the agreement is between Lindon City and Voice Stream, and that T-Mobile is the branding name used by Voice Stream. Mayor Acerson called for further discussion or questions regarding the agreement. Hearing none, he called for a motion.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE AGREEMENT BETWEEN LINDON CITY AND VOICE STREAM PCS II CORPORATION, AND AUTHORIZE MAYOR ACERSON TO SIGN ALL ASSOCIATED DOCUMENTS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Appeal of Decision Denial – Design Variance – Utah Auto Sales Sign. This is a request by Kevin Gallagher, owner of Utah Auto Sales, for the Council to reconsider the decision made during last Council meeting for a design variance to the low profile sign requirements in the Lindon City Code – Title 18 – for the expansion of Utah Auto Sales lot at 17 North State Street. The Planning Commission recommended approval.
Kevin Gallagher was the representative for this item. Mr. Cowie informed the Council that the Planning Commission had reviewed the application for a design variance during their last meeting, and approved a sign that is twelve feet tall and eight feet wide. The frontage of the site allows a sign that is eight feet tall and fifty square feet total size. Mr. Cowie noted that the twelve foot sign was initially approved by the Planning Commission and the City Council. A stop work order was subsequently issued when it came to the attention of the City that a miscalculation in the frontage of the site had occurred. During the last City Council meeting, the Council made the decision not to grant the variance requested by Mr. Gallagher. Mr. Gallagher has requested to address the issue and appeal the Council’s denial.
Mr. Gallagher stated that following the approval of the permit for the sign, he ordered and purchased the sign. The cost of the sign was approximately $8,000. Mr. Gallagher noted that he had purchased the sign based on the approval of the sign by the Planning Commission and the City Council. Mr. Gallagher observed that the frontage of the site is only five feet short of allowing an eleven foot sign, and felt that the variance he is requesting is not a significant variance. Mr. Gallagher noted that he has several tenants who provide tax revenue to the City, and the eight foot sign approved by the City Council will not provide him room to advertise for those tenants. Mr. Gallagher also pointed out a problem regarding the visibility of signage in relation to the placement of the required trees and fence on the site. Mr. Gallagher observed that the trees and the fence block the view of the signage, and felt that a clear vision area should be provided for signage to be visible and identify the business to passing traffic.
Councilmember Carpenter stated that the issue of visibility is a valid point, and that the City is considering visibility of signage on State Street. Councilmember Carpenter observed that originally Mr. Gallagher had represented the location on the west side of State Street as an extension of an existing business. As such, the site would qualify for an additional six foot sign. Councilmember Carpenter stated that there is no provision in the code which allows for an additional full sign. He stated that a full sign could be allowed on either site, but that an additional sign larger than six feet would be in violation of the ordinance. Mr. Gallagher felt that the six foot sign would not be visible, due to the location of the required trees and fencing. Councilmember Carpenter noted that the ordinance allows the six foot sign to be placed on a three foot berm, which is intended to raise the height of the sign and increase visibility.
Mr. Gallagher stated that the twelve foot sign was purchased based on approval from the City. He felt that the City had made an error in approving the sign, and that he should not be penalized for an error made by the City. Councilmember Bayless noted that it was Mr. Gallagher’s responsibility to submit correct information. Mr. Cowie agreed that approval of the sign was based on inaccurate information submitted by Mr. Gallagher.
Mr. Gallagher stated that he would be willing to reduce the size of the sign on the east side of State Street if the Council will allow the twelve foot sign on the west side. He stated that it is his intent to make the signs match. Mr. Gallagher requested that the Council consider an eight foot sign for the east lot, along with a twelve foot sign for the west lot. He pointed out that the photographs he had presented of the site indicate that a six foot sign would not be visible, due to the placement of the required trees and fencing. Mr. Gallagher also referred to photographs of the Francom Motors sign. He stated that the sign at the Francom Motors location is closer to the sidewalk and does not have the trees required at other locations. Councilmember Carpenter asked Mr. Cowie if any solutions to the problem created by placement of trees and fencing are being considered. Mr. Cowie stated that possible solutions may be to “V” the fence to the rear of the sign, or to create a thirty foot clear vision area on either side of the sign by relocating the required trees to the rear of the sign or to another area on the site. Mr. Cowie also suggested that some flexibility be allowed in placement of signage. He stated that if there is adequate distance from the nearest drive to eliminate any safety concerns, signage could be moved closer to the sidewalk. Councilmember Carpenter noted that the intent of the Council is to create an attractive look along the streets. He observed that signage should clearly identify the business, but felt that location of the sign, rather than size, would be the most important element.
Mr. Gallagher suggested that the Council approve the twelve foot sign on the west site. He stated that he is willing to reduce the size of the sign on the east site to follow the new sign ordinance.
Mayor Acerson called for further discussion. Hearing none, he called for a motion.
COUNCILMEMBER BATH MOVED TO ALLOW THE TWELVE FOOT SIGN ON THE WEST SITE WITH THE FOLLOWING CONDITIONS:
1. THAT THE SIGN ON THE EAST SITE BE REDUCED TO CONFORM TO THE REVISED SIGN ORDINANCE, ONCE APPROVED.
2. THAT THE SIGN ON THE EAST SITE IS CHANGED TO CONFORM TO THE REVISED SIGN ORDINANCE WITHIN SIXTY DAYS OF APPROVAL.
COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Gallagher stated that he is hopeful that the City would consider an eight foot sign on the east site. Councilmember Bath stated that the intent of the Council is not to be negative to business, but to maintain the look and feel of the City. Mr. Dameron observed that Mr. Gallagher had built a good business reputation at his present site, and it is the desire of the City to help him perpetuate that reputation. Mayor Acerson commented that the action taken tonight is a good compromise. Councilmember Bath assured Mr. Gallagher that the problem with visibility caused by the location of the trees would be addressed by the City.
8. Appeal of Claim Denial – Clair and Patricia Larsen – Basement Flooding Claim. This is an appeal by Mr. and Mrs. Larsen to the decision by URMMA to deny their claim for basement flooding of a home located at 28 West 400 North.
Mr. and Mrs. Larsen were both present at the meeting. Mr. Dameron pointed out that Public Works Director, Don Peterson, was also present at the meeting. Mr. Dameron reviewed the specifics of the claim. He stated that the claim was filed with the City on May 31, 2005, and the date of the loss was reported as May 30, 2005 in the morning hours. The location of the incident was 28 West 400 North in Lindon. Mr. and Mrs. Larsen reported that approximately two inches of water had flooded the basement of their rental home causing damage to carpets and sheetrock. The initial claim alleged that the Public Works Director, Don Peterson, had diverted water into the ditch, causing the flooding. Mr. Dameron noted that Lindon City is a member of Utah Risk Management Mutual Association (URMMA), and that the claim had been turned over to URMMA for investigation. Mr. Dameron stated that Lyle Kunz of URMMA had conducted the investigation of the claim. Following the investigation, URMMA had recommended denial of the claim, due to the fact that they did not find the City to be at fault, and found that the flooding was weather related.
Mrs. Larsen observed that Mr. Kunz had initially asked them to provide names of anyone who may have witnessed the flooding or have any relevant information regarding the claim. The Larsen’s provided Mr. Kunz with names of several neighbors who had been present during the incident. After receiving the letter informing them of denial of the claim, Mrs. Larsen contacted Mr. Kunz to ask how he had arrived at that decision, and to ask if he had spoken with any of the witnesses to the incident. According to Mrs. Larsen, Mr. Kunz reported at that time that he had spoken with City representatives, but not witnesses. Mrs. Larsen expressed concern that Mr. Kunz had not been as thorough as he might have been in the investigation, and felt that the witnesses should be contacted. Mrs. Larsen noted that written statements from the witnesses had been provided to the Council for review. Mayor Acerson asked Mrs. Larsen if the statements were an accurate representation of the information she would like to have considered. Mrs. Larsen answered affirmatively.
Mayor Acerson called for discussion from the Council. Councilmember Carpenter asked for clarification on the appropriate action to be taken by the Council. Mr. Dameron informed him that the Council is the final authority regarding claims, and that they can uphold the recommendation of URMMA, or they may take other action as they see fit. Councilmember Carpenter asked Mr. Peterson to explain the sequence of events relating to the claim. Mr. Peterson reported that he had been paged while attending church on Sunday May 29th, and had been informed that there was flooding occurring in the area of 400 North. Mr. Peterson stated that he knew what the problem was at that time. On Thursday, May 26, Mr. Peterson had asked a City employee to adjust the head gate in the area to deliver irrigation water to Lynn Swenson, who had reported to Mr. Peterson that he had a water turn. The head gate, which controls the flow of the ditch requires different adjustments for irrigation and for storm drainage. During heavy rain, the head gate is adjusted to divert drainage to the south down the hollow. Mr. Peterson stated that the only water that should go west in the ditch is irrigation water. Mr. Peterson later found out that Mr. Swenson did not have a water turn scheduled on Thursday. When Mr. Peterson realized the problem, he responded immediately to adjust the head gate to divert the storm water into the drainage system. Mr. Peterson noted that the head gate was very difficult to adjust, but that he adjusted the head gate partially to allow sufficient water to go into the drainage system and alleviate the flooding. He also observed that the drainage provided by the ditch would be sufficient for irrigation, but with the addition of the heavy rains the ditch capacity was exceeded. Mrs. Larsen pointed out that Art Estes, Water Master for the North Union Canal Company, had responded to the North Union head gate, and reported that it was opened much further than necessary for irrigation. Mrs. Larsen noted that she has lived in the area all of her life, and had never seen this type of flooding from the ditch.
Mr. Peterson reported that because the head gate had been extremely difficult to adjust. Mr. Peterson instructed another City employee, Paul Miller, to oil the head gate in order to make it easier to adjust. When Mr. Miller responded to the area to conduct the maintenance, he discovered a piece of plywood lodged in the head gate. Councilmember Carpenter inquired as to when the ditch had last been cleared of debris. Mr. Peterson stated that the ditch is piped, and it is unclear how the plywood got into the ditch in the first place. Councilmember Carpenter asked Mr. Peterson if he was sure the plywood was not there on Sunday. Mr. Peterson stated that the ditch is approximately ten feet deep at that location, and that he was unable to see all the way to the bottom of the water, but the water level had dropped sufficiently to stop the flooding following adjustment of the head gate on Sunday. Mrs. Larsen asked the size of the plywood. Mr. Peterson reported that it was approximately eighteen inches by twenty four inches.
Mayor Acerson observed that there had been a great deal of rain on the day the flooding occurred. Councilmember Carpenter felt that the rain was a contributing factor. He observed that other contributing factors may be if the city left the gate closed when it should have been open, if the city failed to conduct the necessary maintenance on the ditch, or if North Union had diverted an excessive amount of water down the ditch. Mr. Peterson stated that the rain had a tremendous amount to do with the flooding, and that flooding was occurring in various other locations in the city at the same time. Mr. Dameron noted that City streets are designed to accommodate a ten year flood. He observed that the streets in this area are not improved with curb, gutter, and sidewalk structures. Mr. Larsen stated that they have installed a berm to accommodate storm drainage from the street. Councilmember Carpenter asked if the Mr. Peterson felt the plywood was a significant issue. Mr. Peterson stated that it is not clear if the plywood was a significant issue, but noted that the water level had dropped following the adjustment of the head gate on Sunday. Councilmember Carpenter asked if it is standard practice to adjust the head gate partially. Mr. Peterson stated that it is not standard practice, but that he had adjusted it sufficiently to alleviate the flooding. Mayor Acerson asked if the plywood had been a part of the previous discussion. Mr. Dameron stated that the plywood was not mentioned in the report from URMMA. Mr. Dameron noted that it is not believed that the plywood was in the ditch when Mr. Peterson had adjusted the head gate on Sunday, but that it had become lodged sometime between Sunday and Monday. Councilmember Carpenter observed that if the water had been flowing on Thursday with no problems, and the problem had been addressed on Sunday, the City would not be responsible for the plywood which had become lodged in the head gate sometime over night. Councilmember Bayless agreed that the plywood had probably not been in the head gate on Sunday, or the water level would not have dropped enough to alleviate the flooding. Mayor Acerson felt that Mr. Kunz may want to re-consider his recommendation after assessing the effects of the plywood and speaking with the witnesses before making a final determination regarding the claim.
Mrs. Larsen mentioned that there are several ditches in the area which are not properly maintained. She gave the location of the ditches, and was informed that those ditches are privately owned irrigation ditches, and are not a City responsibility. Property owners and the irrigation company are responsible for maintenance of irrigation ditches.
Mayor Acerson stated that the Council could recommend that in light of the new information, URMMA review the claim again. He stated that the Council had the option to make a determination regarding the claim if they felt it was appropriate. Councilmember Carpenter stated that he was prepared to make a motion.
COUNCILMEMBER CARPENTER MOVED TO SUBMIT THE NEW INFORMATION INCLUDED IN THE MINUTES OF THIS DISCUSSION AND WITNESS STATEMENTS TO URMMA FOR FURTHER REVIEW, AND RECOMMEND THAT URMMA INTERVIEW THE WITNESSES TO THE FLOODING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
9. Public Hearing - Adoption of Lindon City Tree Ordinance (Ordinance #2005-11). The City Council will hear public comment and possibly act to approve the adoption of the Lindon City Tree Ordinance, creating Chapter 17.73 of the Lindon City Code.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING FOR AGENDA ITEMS #9 AND #10. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Cowie introduced the Tree Ordinance. He stated that the City is currently pursuing Tree City USA designation, which requires a tree ordinance to be adopted by the City. Mr. Cowie stated that the ordinance sets up guidelines for the Tree Advisory Board, as well as regulation of trees in public spaces, such as City parks. The ordinance is not intended to regulate trees on private property at this time. Mr. Cowie observed that the ordinance can be revised as necessary. He stated that the Chairperson of the Tree Advisory Board, Janeane Cartwright, had reviewed the ordinance and made several recommendations. Councilmember Bath asked Mr. Cowie if ordinances from other cities had been reviewed in drafting the ordinance. Mr. Cowie stated that several other ordinances had been reviewed, and portions of them had been used in the proposed Lindon City ordinance.
Mayor Acerson inquired as to the Heritage Tree designation referred to in the ordinance. He asked if this designation would require the agreement of the property owner. Mr. Cowie stated that Heritage Tree designation would require a nomination of the tree, and that nominations would be reviewed by the tree advisory board. Mayor Acerson asked if the trees could receive the designation without the approval of the property owner. Mr. Cowie stated that designation would require approval of the property owner, and would include an identifier, such as a plaque, to identify the Heritage Tree. Mr. Cowie stated that the ordinance does not specify the need for approval of the landowner, but that he will add wording indicating that Heritage Tree designation requires approval of the property owner.
Councilmember Carpenter commented on tree protection addressed in the ordinance. He noted that the ordinance requires permission from the Park Superintendent for removal of any tree. Mr. Cowie noted that removal of trees will also require approval from the Tree Advisory Board. Utility companies will receive notice of the ordinance. Although the City is unable to restrict removal of trees by utility companies, the City may request that utility companies notify the City of any trees which will be removed. Councilmember Carpenter expressed concern over the lack of an appeal process for removal of trees. Mr. Dameron suggested that appeals be directed to the City Administrator. Councilmember Carpenter suggested that provision for the regulation of trees on private property may be added in the future.
Mayor Acerson called for further discussion. Hearing none, the public hearing was closed, and a motion was made.
COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARING FOR ADOPTION OF THE LINDON CITY TREE ORDINANCE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER CARPENTER MOVED TO APPROVE ORDINANCE #2005-11 CREATING CHAPTER 17.73 (TREE ORDINANCE) OF THE LINDON CITY CODE WITH THE FOLLOWING CONDITIONS:
1. THAT SECTION 17.73.040 STATE THAT APPEALS FOR REMOVAL OF TREES WILL BE DIRECTED TO THE CITY ADMINISTRATOR.
2. THAT SECTION 17.73.050 CLARIFY THAT PROPERTY OWNER APPROVAL IS REQUIRED FOR HERITAGE TREE DESIGNATION.
COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
10. Public Hearing – Continued - Amendments to the City’s Sign Ordinance – Title 18 of the Lindon City Code (Ordinance #2005-12). The City Council will hear public comment and possibly act to approve amendments to Title 18 – Sign Ordinance of the Lindon City Code. This public hearing was continued from the meeting of July 5, 2005.
Mr. Cowie discussed specific changes which were included in the draft for this meeting, and indicated that those changes were in bold print. Mr. Cowie reviewed the recommendations of the Council, which include the following; backlit awnings are prohibited in all areas, signage on awnings is not allowed, neon lighting is allowed only to illuminate wording, copy, or logos within a sign face, total combined signage for any face of a building shall not exceed 12% coverage of the building face, changeable copy signs are allowable only in the T-zone, and are allowable at a maximum size of four feet tall and fourteen feet wide with a 500 lineal feet separation between signs measured on the same side of the freeway, and that corner lots will use the street frontage of the principle roadway adjacent to the lot to determine allowable signage based on frontage.
The Council went on to discuss the issue of visibility of signage in relation to the placement of required trees and fencing. Mayor Acerson suggested that a combination of all elements relating to visibility, such as trees, fencing, and setbacks, be considered in making revisions. The use of the three foot berm required on State Street was discussed in raising the height of the sign above the fence, thereby making signage more visible. Councilmember Bath suggested that either a berm or a three foot extension to the base of the sign would accomplish the same purpose. Councilmember Bath felt that a combination of a berm and a taller sign base could be considered. Mayor Acerson noted that there would be an aesthetic difference in the look of a berm as opposed to a three foot extension to the base of a sign. Mr. Dameron observed that the original intent of the required berm was to create a uniform look along State Street, but that the berm would also raise the sign to a level over the fence, which would create more visibility for the sign. Councilmember Bayless suggested that Mr. Cowie address the issues of trees, fence, berm, and setback when making final revisions to the ordinance. Mr. Cowie suggested the possibility of allowing set backs for signs to be based on the size of the sign, suggesting one foot of set back for each foot of height of the sign. This could be allowed provided that the required forty foot clear vision area is maintained from driveways. This would allow smaller monument signs to be placed closer to the road.
Mayor Acerson called for public comment. Linda Nelson inquired as to the architectural guidelines which are being considered along State Street. She felt that the guidelines should consider signage as well. Councilmember Carpenter noted that there are time constraints associated with the sign ordinance, and it must be approved in a timely manner. Nancy Zundell inquired as to non-conforming businesses along State Street. She suggested that they be given a certain time period to comply with the required ordinances and design guidelines. Councilmember Carpenter informed her that non-conforming businesses are not required to comply with current standards and guidelines. Kevin Gallagher felt that the possibility of locating smaller signs closer to the street would make them more visible. Mayor Acerson called for further public comment. Hearing none, the Council continued their discussion.
Mr. Cowie reviewed the City code which requires a berm on all right of ways in the Commercial Zone. Following further discussion, Mr. Cowie stated that revisions would include clarification of the placement of the required three foot berm, clarification that signage can be placed on top of the berm, and the addition of a clear vision area and set back in relation to the size of the sign. Mayor Acerson asked if required trees and fencing would be addressed in this ordinance. Mr. Cowie stated that they would be addressed in a different ordinance. Councilmember Bayless suggested that fencing and trees be referenced in the sign ordinance in relation to the clear vision area around the sign. Councilmember Carpenter noted that excessive cross referencing in the code may make coordination of the code difficult.
Councilmember Carpenter inquired as to placement of signs used for home based businesses. Mr. Cowie clarified that home based business signs are allowed only on the property where the business is located.
Kirk Brimley of YESCO addressed the Council. He noted that changeable copy signs in the T-zone had not been addressed during the discussion. Mr. Brimley showed a drawing of a proposed sign for Skyline Productions which includes a 4x14 foot electric changeable copy screen. Steve Bown, owner of Skyline Productions, stated that the original sign had been proposed with a 6x14 foot screen. He stated that he felt the 4x14 foot limit was adequate. Mr. Cowie cautioned Mr. Bown that the ordinance was not yet approved, and that he should not spend any money on the sign until the revisions to the ordinance are approved. Mr. Bown stated that he understood.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE PUBLIC HEARING FOR AMENDMENTS TO THE LINDON CITY SIGN ORDINANCE TO THE MEETING OF AUGUST 2, 2005. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
11. Discussion – Proposed West Side Residential Overlay Zone (R3 Overlay Zone). The Council will discuss the proposed west-side residential overlay zone. The Planning Commission held a public hearing during their last meeting of July 13, 2005. The item was continued by the Planning Commission. Staff will report on their discussions.
Jason Burningham, financial advisor for the City regarding the MBA and RDA business to be conducted at this meeting, was present in the audience. The Council reached consensus to address the MBA and RDA business prior to holding the discussion regarding the proposed R3 Overlay in order to accommodate Mr. Burningham.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING TEMPORARILY AND CONVENE THE REDEVELOPMENT AGENCY AT 10:47 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
BOARDMEMBER BATH MOVED TO ADJOURN THE REDEVELOPMENT AGENCY AND CONVENE THE MUNICIPAL BUILDING AUTHORITY AT 11:02 P.M. BOARDMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
BOARDMEMBER BAYLESS MOVED TO ADJOURN THE MUNICIPAL BUILDING AUTHORITY AND RECONVENE THE LINDON CITY COUNCIL MEETING AT 11:13 P.M. BOARDMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
12. Review and Action – Resolution Approving of MBA Refunding of I-15 Bonds (Resolution #2005-13). The City Council will consider a resolution approving the adoption by the Municipal Building Authority of Lindon City, Utah, a parameters resolution authorizing the issuance of not more the $1,700,000 lease revenue refunding bonds, series 2005; and related matters.
Mr. Dameron explained that adoption of this resolution would ratify the action taken by the MBA at this meeting.
COUNCILMEMBER CARPENTER MOVED TO APPROVE RESOLUTION #2005-13 APPROVING THE ADOPTION BY THE MUNICIPAL BUILDNG AUTHORITYOF LINDON CITY OF A PARAMETERS RESOLUTION AUTHORIZING THE ISSUANCE OF NOT MORE THAN $1,700,000 LEASE REVENUE REFUNDING BONDS, SERIES 2005; AND RELATED MATTERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSENT.
R-3 OVERLAY DISCUSSION –
Mr. Cowie clarified that this would be a discussion only, and that no action could be taken at this meeting. He pointed out that the Planning Commission had discussed this item during their last regular meeting, but had been unable to take any action due to the fact that a quorum was not present. Mr. Cowie informed the Council that during the discussion at the Planning Commission meeting, Bill West had requested that property he owns in the area of the proposed R-3 Overlay be included in the overlay. The Planning Commission expressed no concerns regarding including Mr. West’s property. Councilmember Bayless asked if the same parameters would apply to Mr. West’s parcel. Mr. Cowie indicated that each parcel would be considered individually, and that it would be possible for a parcel to be sold for industrial use in the middle of the residential area. He noted that the overlay does not change the underlying zoning of the area. Mr. Cowie observed that if the area were rezoned, rather than allowing the overlay, any other possible use would be eliminated, and the area would be limited to residential development. Mr. Cowie also clarified that the proposed R-3 Overlay is site specific for this area of development only, and any other application would not necessarily be considered.
Councilmember Carpenter asked if a large R-3 project is approved and only a portion is developed initially, is the undeveloped portion eligible for a commercial or industrial use. Mr. Dameron stated that if the approval is associated with the R-3, the area is essentially rezoned to be residential. Councilmember Carpenter noted that it would be necessary to make that clarification in the ordinance to avoid potential misunderstandings.
Mr. Cowie observed that there is a concern regarding set backs from the adjacent parcels if they are developed as commercial properties. He felt that the issue could be addressed by requiring twenty foot set backs from the residential property. Councilmember Bayless asked if the twenty foot set back for the residential areas could be satisfied with the rear yard set backs. Mr. Cowie indicated that rear yard set backs would satisfy the requirement.
Mr. Cowie went on to address required open spaces for proposed development. He stated that a minimum of four acres of open space would be required, with two contiguous acres in one area for a park facility. No open space of less than one half acre would be counted towards the required four acres. Pathways and trails in the development would be counted toward the required four acres. The Council discussed the use of open space created by the clustering of houses, especially in the patio home area. It was the consensus of the Council that open space created by clustering should not be counted toward the required four acres of open space. Councilmember Bayless observed that open space in the center of the patio home area would not be intended for public use, but for the private use of residents in the patio home area, and should not be counted toward the total public open space area. Mayor Acerson agreed that areas designated as open space should be intended for public use by all members of the community.
Mr. Cowie commented on a proposal by Fieldstone developers. He noted that the proposal includes fifty units of retirement housing on a maximum of nine acres. Mr. Cowie noted that the Planning Commission had felt that some twin homes would be allowable in the retirement home area.
Mr. Cowie stated that the overlay includes a minimum of 15% of the patio homes, and 15% of the single family homes on 10,000 square foot lots to meet moderate income housing guidelines at the time of first sale. The Council went on to discuss required set backs and footprints for houses. Councilmember Hatch noted that the proposed set backs still allow large homes to be built on the 10,000 square foot lots. He suggested that maximum square footage for homes be limited. Mr. Dameron noted that the proposed ordinance would require a total of 30% of the homes in any development to meet moderate income housing guidelines. Mr. Cowie suggested that requiring thirty foot front and rear set backs would create a 3,200 square foot footprint.
Mr. Cowie discussed street standards and off street parking requirements. He stated that two off street parking spaces would be required for each dwelling. Streets in the patio home area would be allowed at thirty four feet, which is four feet less than City street standards. All other streets would be required to meet City street standards.
Mr. Cowie informed the Council that required noticing of surrounding property owners had resulted in response from two businesses in the area. Safe and Secure storage had responded in favor of residential development. Goodfellow Corporation had expressed concern regarding possible complaints from residents in the area relating to their business. Mr. Cowie stated that these responses would be considered in final revision of the ordinance.
COUNCIL REPORTS
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM –
Councilmember Hatch reported on a recent meeting between the Landfill Board and Utah Power representatives regarding plans for the power station and associated lines which will be located near the transfer station. He stated that the current plan calls for the power lines to exit the rear of the power station and travel down Lindon streets. The power poles will be 100 feet high and will have six power lines on each pole.
Councilmember Hatch reported on a proposal to use trucks to transport landfill materials. Landfill materials are currently transported by rail. Mayor Acerson expressed concern regarding the use of trucks on Lindon streets. He suggested the possibility of contacting the office of the Governor regarding the proposal.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION –
Councilmember Bayless asked for recommendations for residents who may be willing to serve on the Planning Commission. The Council discussed the names of several residents who may be willing to serve. Councilmember Carpenter noted the need to have all areas of the City represented on the Planning Commission.
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS –
Councilmember Bath asked Mr. Dameron if the concern he had raised regarding the brightness of the security light at the center street pump station had been addressed. Mr. Dameron stated that he will follow up on the issue.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER –
Councilmember Anthony was not present at the meeting.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS –
Councilmember Carpenter reported on the Utah County Transportation meeting which he had recently attended. He commented on future street plans for Lindon and surrounding areas.
Councilmember Carpenter also reported on an Economic Summit he and Mr. Cowie had recently attended. He had learned that the research park near University of Utah is at capacity, and suggested that research oriented businesses may be a compatible use of the LI zone near the proposed R-3 Overlay area. He noted that BYU may be interested in that location for research facilities. Mr. Cowie commented that the businesses would include some manufacturing facilities, call centers, and laboratories. Mr. Cowie noted that pursuing these uses would afford the City an opportunity to determine what businesses would locate in the area. Councilmember Carpenter noted that by pursuing these types of businesses, the City may have the opportunity to contribute to the local economy, due to the fact that the employment opportunities provided by these businesses may provide higher paying jobs.
Councilmember Carpenter stated that the General Plan Committee is coming together, and will begin work in the near future. He expressed a need for greater representation from the west side of the City. The Council made recommendations for residents on the west side of the City who may be willing to participate.
ADMINISTRATORS REPORT –
Mr. Dameron reviewed the project tracking list. He commented that the City Council will review the majority of the proposed projects on the list.
Mr. Dameron gave the Council information regarding the relocation of the cross walks in front of Oak Canyon Junior High School.
The Council was given an update on UTOPIA information. Mr. Dameron reported that The Strawberry Estates and Business Park has been completed.
The owners of the Lindon Pumping Company pump station have allowed curb and gutter structures to be installed at this time, but they want the building to remain.
Mayor Acerson commented that he had observed construction on 200 South in Lindon. He stated that it appeared that Orem was patching the asphalt on the street. Mr. Dameron stated that the entire street is scheduled to be asphalted, as well as storm drains being installed on the Lindon side of the street. The project is scheduled for completion in September 2005.
Mr. Dameron reported on the North Utah Valley Animal Shelter. He stated that one uniform license will be sold at the shelter for all cities from Orem to the north end of the valley. Mr. Dameron observed that the license fee is slightly higher than the fee currently charged by some cities. The license fee will off set the per-animal fee charged by the shelter. Mr. Dameron noted that the current Lindon City budget includes $15,000 for the shelter. County Commissioner Ellertson has suggested that the County gift the building to the Animal Control Board, but it is unclear at this time if the other Commissioners are supportive of the idea of gifting the building.
Mr. Dameron gave the Council information regarding a recent court ruling regarding canvassers and peddlers in the Pleasant Grove area. He noted that the ruling may require a change in the City code which currently requires a $500 bond to be posted in order to conduct door to door sales. The court ruling found the bonds to be contradictory to the first amendment. Mr. Dameron noted that changes to the code would be made upon recommendation of the City attorney.
Mr. Dameron reviewed information regarding the State Auditors report, the Legislative Task Force, and the Utah League of Cities and Towns Conference.
Mr. Dameron reported that recycling accounts have increased to 292. He stated that engineering coordination meeting was scheduled for July 20th. He reminded the Council of the Big D Construction open house Wednesday, July 20th, from 5:00 – 7:00 p.m.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED FAVOR. THE MOTION CARRIED.
ADJOURN –
COUNCILMEMBER HATCH MOVED TO ADJOURN THE MEETING AT 12:47 A.M. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – August 2, 2005
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Ott H. Dameron, City Administrator/Recorder
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Jeff Acerson, Mayor
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