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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » March 15, 2005
March 15, 2005
The Lindon City Council held a regularly scheduled meeting on Tuesday, March 15, 2005 at 7:00 p.m. in the Lindon City Center, City Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Brigham Wells-Boy Scout
Invocation: Eric Anthony, Councilmember
PRESENT ABSENT
Jeff Acerson, Mayor
Forest “Eric” Anthony, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Debra Cullimore, Deputy Recorder
The meeting began at 7:04 p.m.
MINUTES - The minutes of the regular meeting of March 1, 2005 were reviewed. The following correction was made:
Page 6, Line 12: Add the sentence: “Captain Cullimore explained that members of CERT would respond to their own city in the event of an emergency.”
The minutes of the special joint session with Pleasant Grove City Council held on March 8, 2005 were reviewed. No corrections were made.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF MARCH 1, 2005 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF MARCH 8, 2005 AS WRITTEN. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizen comments
No comments
MAYOR’S COMMENTS/REPORT
Mayor Acerson stated that he would like to mention something on a personal note. He talked about some of the organizations the city is associated with, particularly the Mountainland Association of Governments (MAG). Mayor Acerson commented that Utah County had also been associated with MAG but had recently voted to withdraw. He stated that today several local mayors had attended a meeting with Utah County Commissioners to encourage them to reverse that decision. Only two Commissioners were present at that meeting, Commissioner Ellertson and Commissioner Grover, so they were unable to vote on the matter. Mayor Acerson stated that local mayors will continue to try and bring the County Commission “back to the table.”
CONSENT AGENDA - No items
CURRENT BUSINESS
1. Design Review- Creekside Meadows Proposal. Fieldstone and Trophy Homes will present their proposed housing development concept plan for the area around 500 North 1700 West to the City Council. The City Council saw this proposal during the meeting of January 18, 2005. A public open house was held on March 3, 2005 to receive comment from the public. The City Council will decide tonight whether or not this proposal should move forward.
Mr. Mike Stewart approached the Council and informed them that Mr. Griffin Johnson was also in attendance at the meeting. Mr. Stewart stated that they had been in discussions with the city on this matter for months. He acknowledged the difficulty of the decision before the Council, but felt that the developers are at a point where they need a decision. Mr. Stewart stated that he would like to discuss the feedback from the open house held on March 3, 2005. He added that this area, the west side, would be unique to the city because it would contain both residential and commercial elements. Mr. Stewart pointed out to the Council that the residential component of the area would provide support for the commercial component. The proposed area was characterized by Mr. Stewart as a “walkable” community, and he stated that it is complementary for this type of zoning. He also feels that the proposed development is appropriate for the city in maintaining its rural character. Mr. Stewart stated that it seemed to be the consensus that they would have no more than six units per acre, and that the exterior of the units would not be aluminum siding or metal. He also commented on the strong street design. Mr. Stewart felt that the proposed development would meet the affordable housing needs of Lindon, including the needs of young families who wish to move to Lindon, as well as move down buyers, “empty nesters,” and children of Lindon residents who would like to remain residents of the city. Mr. Stewart stated that the development of the residential area would provide the needed infrastructure to develop the commercial aspect of the area. He pointed out several features of the project such as church and park sites, as well as the architectural theme of the homes. Mr. Stewart felt that these elements would provide for a sustainable, long term community which would be a vibrant part of an active mixed community.
Mr. Stewart stated that most of the positive comments received at the open house relate to the idea that the proposed project would meet the need for affordable housing in Lindon. The areas of concern noted at the open house were the size of single family lots, the size of the park space and the impact on services such as police, water, sewer, trash pick up, and mail delivery. Also noted was the inadequacy of street parking, and the overall density of the project and the impact it would have on Lindon. Mr. Stewart stated that many of these concerns would be addressed in more detail in a formal proposal. Mr. Stewart stated that the developers would work with the city to make sure there were adequate services. He commented that the proposed project would not have more, but a different impact on the city than a strictly commercial area. It was also clarified that there would be a phasing component to the project and that it wouldn’t happen all at once.
Mr. Stewart also commented that the project would have an impact on the character of Lindon, but not necessarily in a negative way. He observed that this development could be the basis for future developments in the city. Mr. Stewart stated that any development in that area will have an impact on the character of Lindon because of the size of the area, but that it is possible to minimize the impact with a mix of residential and commercial components. Mr. Stewart admitted that he is not fully versed on the City’s R2 housing zone, but felt that it does not address the master plan of the city. He felt that R2 housing overlay addresses short term rather than long term affordable housing issues. Mr. Stewart stated that he feels the proposed project is consistent with the desires of the Council, and that it can be an asset to the community.
Mayor Acerson invited the Councilmembers to comment.
Councilmember Bayless started by commenting that she agrees that there is need for affordable housing in Lindon, and she would like to find a way to have it. She complimented the developers, and observed that they had been very respectful and responsive to the requests of the Council. She stated that she does like some aspects of the appearance of the proposed project, such as curved roads and varying set backs on the structures. Councilmember Bayless felt that the advantage of R2 housing is that it doesn’t create a separate community with a separate identity, and that R2 projects have been successfully integrated into Lindon. She commented that the issue of the children of Lindon residents trying to find a place in Lindon is valid, and that she has a son who would love to move back to Lindon. She stated that when she showed him this proposed project that he commented that he wouldn’t want to live there, and that it “was not Lindon.” She felt that the bottom line is that the proposed property is too expensive to be able to build quality homes on it at affordable prices. She had researched other Fieldstone developments and had observed that the homes in those developments were nicer than the homes in the proposed Lindon project, but were the same cost. Councilmember Bayless stated that considering the price of the land it would be difficult to build the kind of development the Council would like to see.
Councilmember Hatch stated that he agreed with the comments of Councilmember Bayless. Councilmember Hatch is not comfortable with the density of the proposed project, and suggested there may be a possibility of creating smaller sections of fifteen to twenty units per section at some time. He feels at this time that “the R2 isn’t broken and we shouldn’t fix it.”
Councilmember Carpenter commented that the main concern of the Council is making a good decision. He stated that there are some features that are unique to the proposed property, and this had encouraged him to think more broadly about the proposed project. He stated that he felt that the property owners need a plan to start developing their property. Councilmember Carpenter told of driving around Lindon recently thinking about what it was that he liked about living here. He observed that when driving down many streets it is not possible to tell the size of the lot from the street. He felt that open spaces within the city rather than lot size tends to define the character of the city. Councilmember Carpenter stated that he has struggled with the magnitude of the project. He liked the fact that it offers affordable housing, but felt that it’s too much in one place. Councilmember Carpenter noted that citizen comments are split down the middle and that the community is not ready for this type of development at this point.
Councilmember Bath stated that he echoed the statements made by other Councilmembers. He commented that he is not in favor of high-density housing, and that he is on the Council to maintain the country atmosphere of Lindon. He doesn’t see that the proposed project fits the needs of Lindon right now.
Councilmember Anthony stated that he is new, and therefore doesn’t know all the details of the proposed project, but that when he interviewed for his position on the Council, he was asked directly about high-density housing. He stated during the interview that he supports the existing projects on the west side of the city. He observed that the proposed development has a nice look, and that neighboring communities would be jealous. His concern was that it would set a precedent and Lindon could end up with 40-50 percent of its population living in similar developments. Councilmember Anthony felt that the proposed project is attractive, but that it does not match the philosophy of Lindon at this time. He noted that citizen comments are divided, with half being strongly opposed and the other half feeling Lindon should wait and see, and that the Council doesn’t need to be in a hurry. He encouraged balance in the consideration of the property owners and the community as a whole. He stated that the owners have a right to get the best fair value from their property, and that it is reasonable for them to expect a return on their investment.
Mayor Acerson then opened the meeting for public comment.
Ms. Linda Nelson, a Lindon resident residing at 318 W. 625 N. addressed the Council. She stated that when she looked at the proposal she liked the look of the twin homes but felt the single family homes looked “boxy and cheap.” Ms. Nelson felt that R2 Overlay housing allows for a combination of high and low density housing, and that it has worked very well in the community. She stated that she liked the way the city looks, that there are beautiful homes in the city. Ms. Nelson observed that smaller homes can still be nice, and the important element is not the size, but the architectural style. She felt that the project could be broken into smaller sections to provide more of a mix of high and low density housing.
Ms. Aline Hardman, a Lindon resident residing at 749 N. 400 E., then addressed the council. She stated that she is concerned that the people living in proposed development would not have the services they need. She agreed that there is a need for affordable housing, but did not want it to be a separate community. She stated that one element that defines Lindon is the option of having animals. Ms. Hardman then read a written statement submitted by Lindon residents Boyd and Barbara Walker. Ms. Walker had planned to attend the meeting, but had been hospitalized. The written statement is attached.
Ms. Shirley Matthews, a Lindon resident residing at 546 N. 200 E., approached the Council and thanked the Mayor for the opportunity to speak. She then read a written statement opposing the development which is attached.
Ms. Tammy Northrup, a Lindon resident residing at 315 E. 680 N. read a letter from her neighbor, Lindon resident Shirley Wells, opposing the proposed development. The letter is attached.
Mr. Bill Heninger, a Lindon resident residing at 256 E. 740 N., stated that he felt that the more units per acre the developer can build, the higher their profit will be. Mr. Heninger stated that he would like to see the look and feel of Lindon preserved, and that the proposed development does not reflect that. He observed that the yards of single family homes were “the size of patios” and did not provide adequate activity space for children, creating the need for them to travel to the park located in the development for recreation. Mr. Heninger stated that the Council needs to find a way to accommodate the property owners and still maintain the look and feel of Lindon.
Mayor Acerson asked for any additional comments, none were made. Mayor Acerson inquired of Mr. Dameron if a motion was necessary on this matter. Mr. Dameron informed Mayor Acerson that no motion was necessary. Mayor Acerson directed his comments to the potential developer, and stated that at this time the community was not ready for this development.
Mr. Stewart approached the Council again and stated that he would respect their decision, and that Lindon is a great community. He stated that this is a long term issue that the Council needs to address and that it probably warrants more discussion. He clarified in fairness to the development community, that they are not the bad guys, and that the proposed development would provide needed infrastructure to the area. He encouraged the Council to “search their souls” and decide how they want the area to develop. He also pointed out that the land is worth more to commercial developers than to residential developers.
Councilmember Carpenter thanked Mr. Stewart, and commented that he had been astonishingly good to work with, and stated that he was sorry that it not been more positive for Mr. Stewart. Councilmember Carpenter stated that when the need arises for this type of development the Council will address it.
2. Review and Action - McKinley Drive Trail Design Changes. This is a request for the City Council to review and act on design changes to the McKinley Drive Trail which is a component of the Bonneville Shoreline Trail. After construction started, it became apparent that the design of the trail included slopes which encroached upon private property making it impossible to construct the trail as originally designed.
Mr. Mark Christensen of JUB Engineers approached the Council, distributed information to them and explained the problem with the trail project. The area east of the proposed trail creates a slope which encroaches on private property at several locations along the trail. Councilmember Bayless inquired how this situation was created when the project had been in the planning stages for years. Mr. Christensen stated that it was the understanding of the city that the aqueduct easement in the area allowed construction of the trail and the associated slope. The area of the easement is located on the property of private land owners in the area. The Bureau of Reclamation holds the easement, but the City had no right to construct outside of the City owned property by virtue of the BOR easement. Mayor Acerson stated that he, Mr. Dameron, and Public Works Director Don Peterson had visited the area and it was apparent that the slope would encroach on private property in the area. Mayor Acerson stated that the city was under the impression that they had a right to build the trail in that location, but after meeting with several property owners in the area it became clear that they had a different opinion. Mayor Acerson stated that the decision before the Council is whether to move forward with construction as planned or to modify the plan. In order to build the trail as planned it would be necessary to either purchase or condemn the property. He clarified that he was not recommending these actions, but rather stating options. Another option for construction would be to stay in the available area and narrow the trail.
Councilmember Bayless inquired what the narrowest point in the trail would be if the Council chose to narrow it. Mr. Christensen stated that they had originally planned to have the asphalt area of the trail eight to ten feet in width. If the trail were narrowed the asphalt would vary between six and nine feet in width.
Mr. Dameron stated that staff recommends that the trail stay within the available seventeen feet of city owned property and keep the trail as wide as possible. Councilmember Bayless agreed that it made sense to narrow the trail. She apologized to the property owners present in the meeting, and stated that the Council should do whatever is necessary to complete the trail. Mr. Dameron commented that Gordon Smith had indicated that a steeper slope could be considered in some areas to maintain the width of trail. It was noted several times during the discussion that the Bureau of Reclamation will not allow a retaining wall in the area. Councilmember Bayless indicated that she felt it would be appropriate to narrow the asphalt area and keep the some soft areas of the trail for use by horses.
Mr. Christensen then gave a visual presentation, showing the area of Canberra Heights adjacent to the trail lot by lot. The presentation covered lots three through eleven and addressed the issues of the trail width and the adjacent slope.
Mr. Christensen was asked if there was a plan to include a fence in the area. He stated that the Bureau of Reclamation would allow a fence if it is necessary for safety. He showed a picture of the fence planned for the area, which is a wooden three rail fence.
Councilmember Anthony inquired what the total length of the area they were discussing was. Mr. Christensen indicated that it was approximately 1800 feet.
Councilmember Bayless stated that the blacktop area needed to be wide enough to accommodate wheelchairs and strollers. She observed that even five feet is wider than a standard sidewalk and would allow for use by those individuals. She indicated that the difference in width should be split between the asphalt and soft areas of the trail rather than eliminating the soft areas, which would be primarily used by horses. Councilmember Carpenter expressed concern over safety on the trail with the use of bikes and the possibility of them reaching dangerous speeds. Councilmember Bayless agreed that safety is an issue on the trail. Councilmember Carpenter pointed out that safety issues rely on people to be reasonable in their use of the area.
Councilmember Bath expressed surprise at the problems with the trail. He stated that they set out to build the trail and would have to make the necessary sacrifices to complete the project. Councilmember Bayless stated that she was not thrilled to narrow the trail, but was willing to do it if necessary. Councilmember Hatch agreed that construction of the trail should proceed.
Councilmember Anthony expressed concern over the safety issues. He commented that the trail would be used for many different purposes, and it may be difficult for all of the users to come into contact with each other safely. He also expressed concern over the possibility of erosion problems on the steep grades adjacent to the trail. Mr. Christensen indicated the Bureau of Reclamation requires them to install geotech fabric on the slopes, with cobble rock on top of the fabric to prevent erosion. Councilmember Hatch inquired if there would be any planting allowed in the area. Mr. Christensen stated that some planting may be allowed, but that no planting would be allowed that could potentially compromise the aqueduct. Councilmember Bayless inquired if the city would have discretion on the type of cobble used. Mr. Christensen indicated that the city would have some discretion, but that larger, more angular stone may be more attractive as well as more stable on the steep slopes.
Councilmember Anthony stated that he feels it’s important for the residents in the area to approve of the way the project looks. Mr. Christensen stated that he had already met with residents of the neighborhood to discuss the relevant issues, and indicated that many of those people were in attendance at the meeting tonight.
Mayor Acerson asked Mr. Christensen for recommendations on the combination of hard and soft surface areas on the trail. Mr. Christensen indicated that recommended paved trail width is ten feet, with a minimum of eight feet. He clarified that these are recommendations and are not required. Councilmember Anthony asked Mr. Christensen if the trail should be divided for safety purposes, such as lanes for walking and lanes for bikes. He inquired what the minimum width for safety would be. Mr. Christensen stated that the minimum recommendation for safety is eight feet, allowing two bikes passing each other to have a width of four feet each.
Councilmember Bayless asked Mr. Christensen about the signage along the trail. She indicated that it should include safety precautions for use with bikes regarding speed. Mr. Christensen indicated that it would include safety precautions, as well as stating that the trail is for non-motorized use only.
Mr. Christensen suggested that the paved trail should be six feet in width, with remaining width being composed of soft surface. Councilmember Bayless inquired if the six foot width would have to be consistent or if there could be variations. Councilmember Bath stated that he felt it could be wider in areas if there could be adequate room. Councilmember Bayless indicated that she would like to see some soft area left on the trail to accommodate horse traffic. Councilmember Carpenter pointed out that in some areas there would only be about two feet of soft area and that it wouldn’t be wide enough for horses to stay on the soft area. Mayor Acerson inquired if the Council felt it would be better to keep the asphalt surface as wide as possible and eliminate the soft areas. Councilmember Carpenter stated that it was his opinion that in areas with only eight feet of width available that the soft areas should be abandoned. Councilmember Bath stated that he felt that two feet of soft surface was better than no soft surface. Councilmember Carpenter stated that he felt comfortable with that proposal.
Mayor Acerson asked Mr. Christensen about the drainage on the paved areas of the trail. Mr. Christensen informed the Mayor that the paved trail would have a slope similar to a sidewalk with enough of a slope to allow for drainage.
Mayor Acerson then opened the meeting for public comment on the trail.
Kevin Bates, a Lindon resident residing at 152 S. McKinley Drive, stated that his biggest concern was the aesthetics of the trail, and what residents in the area will be looking at. He commented that if the cobble consisted of shale or river rock it wouldn’t be an improvement, and requested that the Council make sure the area is pleasant to look at. Mr. Bates also requested some investigation into what could be planted. The discussion between the Council and Mr. Christensen indicated that nothing with deep roots could be planted and that there would be no irrigation available, so it would be necessary to plant native, drought tolerant vegetation.
Fernando Sanchez, a Lindon resident residing at 96 S. McKinley, asked Mr. Christensen to again show the visual of the Lot 7 area of the trail and clarify the measurements. Mr. Sanchez identified himself as a retired landscape architect. He inquired about the possibility of using a retaining wall in that area because of the steepness of the slope adjacent to the trail. Mr. Christensen again explained that the Bureau of Reclamation will not allow any use of retaining walls on the aqueduct easement. Mr. Sanchez asked about the use of blocks to construct the wall. Mr. Christensen stated that it would be physically possible, but that it was not allowed by the Bureau of Reclamation. Mr. Sanchez made the recommendation to have the width of the asphalt be four to five feet and keep three to four feet for soft area.
Cindy Van Pelt, a Lindon resident residing at 1425 E. 150 S. inquired about the restrictions on the private land owners in the area with regard to the aqueduct. She expressed concern over the strip of land that would be between the maintained trail area and the areas of private yards that are maintained. Councilmember Bayless indicated that lawns and gardens were allowed on the easement, but not trees and shrubs, so the property owners had the ability to make the area attractive. She stated that in any area some property owners will do that and some won’t and that the issue doesn’t really relate to the trail. Ms. Van Pelt inquired as to whether property owners could put up a fence inside of their property line outside of the easement area and the trail could take the remaining space. Councilmember Carpenter indicated that it was not a viable solution because it was not the cities property and they had no right to use it. Mr. Christensen suggested the possibility of planting a hedge on the property line to create a border for the trail area. Ms. Van Pelt made a final observation regarding bicycle safety on the trail. She stated that when children ride bikes on the trail they will generally ride in groups rather than single file. She is concerned that this could create a safety hazard.
Richard Devey, a Lindon resident, stated that he was one of the homeowners that had met with Mr. Christensen, and that most of the homeowners were willing to “go with what they had to.” He expressed concern over horses in the area, and stated that there are a lot of children in the area and that it is not an appropriate area for horses.
Ryan Robison, residing at 1278 E. 610 N. in Provo, has purchased a building lot in the area of the trail. He stated that the Bureau of Reclamation will allow rocks as large as three feet. He suggested using the rocks to build a three to four foot structure with ground cover above it. Mr. Robison stated that his property is at the bottom of the proposed slope, and that the main concern of residents on that side is the look of the trail. He requested that they not make it look like a drainage ditch, and stated the use of larger rocks would improve the look of the area. Mr. Christensen stated that they had gone back and forth on the size of the rocks, but that he is more comfortable with smaller rocks. He informed Mr. Robison that whatever decision is made, the Bureau of Reclamation will have to approve it. Mr. Robison then suggested the possibility using large as well as small rocks.
Julie Bryner, a Lindon resident residing at 1438 E. 80 S, addressed the council. Ms. Bryner is a member of the Lindon City Planning Commission. She expressed disappointment over the need for compromise on the trail. She stated that the easement is a case of buyer beware. Commissioner Bryner indicated that the discussion on the trail had begun eight years ago, and one of the goals at that time was to have a unified look. She felt that the new plan does not accomplish that goal. She suggested the possibility of a hedge on the border, and the possibility of the property owners installing fencing on their side of the easement area with some vegetation to enhance the uncared for areas. Councilmember Carpenter stated that this could potentially make the problem worse and that the strip of ground in question would have to be condemned in order to accomplish it. Councilmember Bayless stated that the logical solution to the problem is to narrow the trail. Councilmember Carpenter stated that the hedge would be a possibility and that it would add to the attractiveness of the area. Councilmember Bayless pointed out that the Council couldn’t force property owners to plant the hedge and there may be gaps. Mr. Christensen asked Ms. Bryner for her recommendation on the division of the soft and asphalt areas of the trail. Ms. Bryner indicated that she feels that it would be best to eliminate the soft areas and make the trail all asphalt because the width has been so compromised.
Mike Harris, a Lindon resident residing at 62 Denali Road, stated that he and the other property owners present at the City Council meeting would agree to the hedge. He also stated that he has some area on his lot that he could give up for the trail. He indicated that most of the property owners in the area would be willing to compromise to make the trail wider. He encouraged Mr. Christensen to meet individually with the property owners and discuss the available options.
Russell Stay, a Lindon resident residing at 15 N. McKinley, stated that this had been a constructive discussion. He indicated that he would like to see vegetation to soften the look of the area and likes the idea of the hedge border. Mr. Stay feels that too much variation in the width of the paved area of the trail would look “silly,” and he would like the Council to agree on a minimum width and stick with that. Mayor Acerson stated that there would be options for planting and rock use and that there would be a meeting with property owners to show them the available options. Mr. Stay commented that he would not like to see horse use eliminated on the trail. He stated that the citizens need to be able to use it, and that the trail is a strong positive for the community.
Linda Nelson spoke from the audience and commented about a community in California with a similar trail. She stated that the trail in that community had increased property values in the area. Planning Commissioner Simister inquired if breaking the trail into two divided sections would be a possibility. Councilmember Bayless stated that it would not be possible with the available property. Mr. Stay commented that if the trail were divided into two paths there would be the likelihood of people cutting between the trails, creating unwanted paths and erosion. Commissioner Simister suggested the use of large rocks between the two trails to avoid foot traffic in those areas. After more discussion, Mayor Acerson called for a motion.
COUNCILMEMBER BATH MOVED TO APPROVE THE TRAIL DESIGN TO KEEP WITHIN THE SEVENTEEN FEET AVAILABLE AND AUTHORIZE MARK CHRISTENSEN TO WORK WITH THE BUREAU OF RECLAMATION AND PROPERTY OWNERS IN THE TRAIL AREA TO DETERMINE THE FINAL DESIGN, CONSIDERING ANY PROPERTY EASEMENT DONATIONS AND LANSCAPE OPTIONS, TO KEEP THE WIDTH OF THE ASPHALT PORTION OF THE TRAIL AT A MINIMUM OF SIX FEET AND ENSURE THAT THE TRAIL WILL BE ASTHETICALLY PLEASING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Discussion - Tree City USA Designation. Several residents have formed a committee to investigate the possibility of Lindon City achieving the designation of Tree City USA. The members of the committee are: Marilyn Simister, Darla Carter, Janine Cartwright, and Janeil Callus. They have invited Mr. Scott Zeidler, Wasatch Front Community Forester, to speak to the Council tonight.
Mr. Zeidler approached the Council and handed out written information on the Tree City USA program. He stated that he works in conjunction with the Division of Wildlife Resources and the Utah State Parks and Recreation Department and that they have stewardship over natural resources in Utah. He commented that the citizens who had invited him were proactive citizens, and that he had met them during a master gardener class at Thanksgiving Point. Mr. Zeidler stated that one of the purposes of the program is to familiarize communities with the resources that are available and to provide technical support in planting trees. He stated that there are four criteria that must be met for a city to receive Tree City USA designation. Those criteria are as follows:
A. The city must create a tree board or department authorized to develop and manage public trees. This board may consist of volunteers, city employees, or a combination of both.
B. The city must establish a tree ordinance requiring the tree board or department to implement an annual community forestry plan.
C. The city must maintain an annual tree management budget of at least $2 per capita. Volunteer hours can be applied to this budget at the rate of $16.50 per hour. A portion of employee wages may also be applied to this budget if the employee is a member of the tree board. Donated items and grant funds may also be applied to the budget.
D. The city must issue a proclamation for Arbor Day. The city has discretion on the date of the Arbor Day proclamation. It may be held in conjunction with other community events.
Mr. Zeidler explained that applications are available through the State Foresters office, and will be forwarded to The Arbor Day Foundations. Applications must be completed by December 31 of the calendar year. The City would be presented a plaque, as well as a flag to place at the entrance to the city. These would be presented during a groundbreaking ceremony or during the event when Arbor Day is celebrated.
Mr. Zeidler stated that the greatest concentration of cities with Tree City USA designation in located between Logan and Payson. There are thirty three communities in Utah involved with the program, with 66% of Utah residents living in those communities. He observed that even small communities can benefit from the program and used the community of Laketown on the shores of Bear Lake as an example. The program also provides great opportunities for service projects for scout or church groups to participate in. Mr. Zeidler stated that the planting of trees improves the public image of the city, and would help maintain the rural country flavor that is important to Lindon and its residents. He stated that for success it is necessary to plant the right tree in the right place and assure that the tree has all the resources to sustain health. He informed the Council that the Arbor Day Foundation has information available to help in the selection of trees, and that there is financial assistance available through Utah Power, as well as private foundations. Mr. Zeidler stated that this is a good program because it looks forward to the future and that it is a good investment opportunity. The only difficult part is that someone has to be responsible to submit the annual application and compile the information. Mr. Zeidler closed with the comment that the best time to plant a tree is twenty years ago, the next best time is now.
Mayor Acerson asked the Council for comments on the matter.
Councilmember Anthony stated that when interviewed for the position on the Council he had said he had no platform. He admitted that he could have been misleading in that statement, because he feels that trees and parks are a priority for the city. He has encouraged his neighbors to begin planting trees. He stated that he strongly supports the program and would like to be the Council Representative on the Tree Board.
Councilmember Carpenter inquired as to whether volunteer hours could make up the entire budget. The Mayor also wanted more information as to how the budget requirements could be met. Mr. Zeidler responded that there were no specific requirements, but that the $2 per capita budget is only a minimum and there is no need to stop there. He stated that there is grant money available and that trees do get funded.
Councilmember Anthony told about Israel having planted tens of thousands of trees in that country, and that the average temperature actually dropped.
Considering the population of Lindon, it was determined that the annual budget for the program would be approximately $20,000. Mayor Acerson asked Mr. Zeidler if the program could begin before next year. Mr. Zeidler stated that the program could begin as soon as next City Council meeting by addressing the requirements for the tree ordinance and the Arbor Day Proclamation. Mayor Acerson asked Mr. Dameron if he had any questions or objections to the program. Mr. Dameron stated that he thinks it’s a great program, and with two new parks being developed it is a great time to get started. Councilmember Carpenter commented on the proposed 700 N. street which will also need trees. Mr. Zeidler closed by informing the Council that there are educational workshops available for city employees to provide additional assistance with the program.
The Council will pursue Tree City USA designation in future City Council Meetings.
4. Review and Action - 700 North Right-of-Way Agreements. The City Council will review and possibly act to approve these agreements between the city and property owners for the acquisition of right-of-way along the proposed 700 North Street.
Mayor Acerson asked Mr. Dameron to introduce this item. Mr. Dameron stated that every property owner had now signed agreements to transfer right of way for 700 North Street. He stated that the agreement with Noah Corporation had been approved in January and only needed to be ratified, as well as the agreement with Larry Blackhurst. The agreements with Dean Blackhurst and the Anderson family have been signed and recorded. Councilmember Anthony asked about the nature of the agreements. He was informed that the agreements gave Lindon the right of way to the road in exchange for a credit toward road impact fees at a rate of $2 per square foot. Larry Blackhurst did not require this condition because he was not dedicating right of way. He agreed to provide an easement for a sewer line. Mayor Acerson commented that it was a milestone that the agreements were finally signed, and that it was due to the hard work of Mayor Ellertson.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE 700 NORTH RIGHT-OF-WAY AGREEMENT WITH BW INC. AND RATIFY THE AGREEMENT WITH NOAH CORPORATION. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY.
5. Review and Action - 1700 West Easement Agreement. The City Council will review and possibly act to approve an agreement between the city and a property owner for the acquisition of a sewer easement along the proposed 1700 West Street.
COUNCILMEMBER BATH MOVED TO APPROVE THE 1700 WEST SEWER EASEMENT AGREEMENT WITH LARRY BLACKHURST. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY.
6. Review and Action - Maintenance Services Agreement. The City Council will review and possibly act to approve an agreement between the city and Elite Grounds, LC for maintenance of the city’s parks and open spaces.
Mr. Dameron informed the Council that staff had reviewed requests for proposals for maintenance of the parks and open spaces in Lindon. The original bid from Elite Grounds, LC was for $135,000, but after negotiations that had been reduced to $102,000. Councilmember Anthony commented that the difference was the amount needed to fund Tree City USA. Mayor Acerson inquired about the length of the contract. Mr. Dameron stated that it is five year contract, but a rate increase can be requested only after the first two years.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MAINTENANCE SERVICE AGREEMENT WITH ELITE GROUNDS, LC. COUNCILMEMBER HATCH SECONDED THE MOTION. THE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY.
7. Review and Action - Interlocal Cooperation Agreement-Lindon City and Pleasant Grove City. 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.
Mayor Acerson asked the Council to look over the agreement and make any comments they had. Councilmember Bayless stated that she would like to get it done. Mayor Acerson commented on the question the Council had during the meeting with Pleasant Grove City Council regarding the ten year time period referred to in Item 8 of the agreement. He stated that he had met with Pleasant Grove Mayor Jim Danklef to discuss the matter. Mayor Danklef had asked for an explanation from Pleasant Grove City Attorney Tina Peterson who explained that ten years was a more reasonable time for the cities to commit to. Councilmember Bath stated that it seemed like a reasonable time period. Mayor Acerson stated that it was his intent to move forward with the agreement. Councilmember Bayless stated that the Council had not seen Exhibit B referred to in Item 3 of the agreement. Councilmember Carpenter recommended the Council pass the agreement pending review of Exhibit B. Mayor Acerson asked about the possibility of waiting to see if Pleasant Grove City Council passed the agreement. Several Councilmembers felt that they would like the opportunity to review Exhibit B before moving forward. After further discussion Mayor Acerson called for a motion.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THIS ITEM UNTIL THE APRIL 5TH CITY COUNCIL MEETING. COUNCILMEMBER CARPENTER SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH NAY
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED (4-1).
Councilmember Bath stated that he felt they should pass the Interlocal Cooperation Agreement and not spend time reviewing it again.
8. Review and Action - Bid Award-Hollow Park-Phase 2. Requests for bids have been properly advertised and received for the construction of Hollow Park-Phase 2. The low bidder is Chad Broderick Construction, Inc. in the amount of $198,592.77. Staff recommends awarding the contract to Chad Broderick Construction, Inc.
Mr. Dameron stated that Chad Broderick Construction had previously completed two projects for the city. The projects are the restrooms in the City Center Park and the restoration of the old fire station. He stated that they had been good to work with on those projects and had done a good job.
COUNCILMEMBER BATH MOVED TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF HOLLOW PARK PHASE 2 TO CHAD BRODERICK CONSTRUCTION, INC. IN THE AMOUNT OF $198, 592.77. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED UNANIMOUSLY.
COUNCIL REPORTS
WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM - Councilmember Hatch
No items were reported
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION-Councilmember Bayless
No items were reported
PUBLIC SAFETY, COURT, BUILDING INSPECTIONS - Councilmember Bath
Captain Cody Cullimore of the Pleasant Grove/Lindon Department of Public Safety reported on action taken due a complaint by Mr. Cecil Bland. Mr. Bland was concerned over speeding violations in the area of his residence. Captain Cullimore sent patrolmen to the area to conduct a speed study. The officers also went door to door and talked with area residents regarding the problem. One woman stated that her children were probably part of the problem and she would talk to them about it. The officers then met with Mr. Bland to explain what action had been taken. There will also be officers in the area to try to slow traffic down as they are available.
PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER-Councilmember Anthony
Councilmember Anthony reported on progress in planning the annual Lindon Days Celebration. After discussion, the Council explained that Lindon Days is held the first full week of August each year. The dates for this year’s celebration are August 6-13. Councilmember Anthony stated that he had met with Lisa Armstrong who oversaw the event in 2002 and 2003, and had gotten some good feedback. He also met with Rene and Troy Tribe who directed the event last year at their home and they gave him a lot of good ideas and suggestions. Councilmember Anthony met with Lindon resident Deone Lesser. Ms. Lesser has agreed to chair the event this year. It was noted that Ms. Lesser was born and raised in Lindon and is familiar with the traditions of the community. Deone and her husband, Dave, currently reside at 285 East 750 North in Lindon. Councilmember Anthony stated that he had explained to Ms. Lesser that the entire event will be much easier if it is broken into smaller pieces. Councilmember Anthony clarified that this would not affect how the events are run, it will only apply to the planning process of the celebration. He also stated that he would like to follow the new procedures adopted by the council as well as bring back several events that were dropped last year. Councilmember Anthony inquired about the tradition of Lindon Days lasting for eight days, from Saturday to Saturday, and the reasoning behind that. Councilmember Hatch stated that the celebration had originally been Friday and Saturday only and then was expanded to start on Wednesday to accommodate the horse events, and has expanded from there as other events have been added. Councilmember Bayless stated that the trail ride on the first Saturday had been held for the past fourteen years. Councilmember Anthony commented that most days do not have a lot of events planned, and that the length of the celebration reduces conflicts in the schedule to allow citizens to participate in the events they are interested in. Councilmember Bayless noted that there was a problem last year with two major events being scheduled at the same time. She also pointed out that the fish for Huck Finn days need to be ordered two months in advance. Councilmember Hatch stated that there has been a conflict with a regional meet involving the riding clubs on one evening of the celebration. Councilmember Bayless suggested that Councilmember Anthony meet with Ms. Lesser so she can contact the people in charge of each event and get started. Councilmember Anthony stated that Ms. Lesser is very organized and he is confident she will get things done as they need to be.
Planning Director Adam Cowie addressed the Council to inform them that Brigham Ashton has acquired the property where the fireworks display has been shot from in the past. It is Mr. Ashton’s intent to have the property under development by August so it will be necessary to find an alternate location for the fireworks display. Several areas were discussed, but no decision was made.
Mr. Dameron informed the Council that Mr. Bryce Pollard from Newsletters, Inc. inquired about providing the printed programs for Lindon Days. Mr. Pollard would like permission to begin selling advertising space in the program now in order to ensure it will be ready in time for Lindon Days. Councilmember Anthony pointed out that the money from advertising sales in the program does not go to the city but rather provides the money to produce the printed program. Councilmember Carpenter suggested giving Mr. Pollard some direction on the number of pages in the program and the amount of advertising he could sell to avoid it becoming simply an advertising document and losing the program. Mr. Dameron asked if it was the consensus of the Council that sales could begin. The Council said he could proceed.
Mayor Acerson pointed out that the Council needs to choose a Grand Marshal for the celebration. Mr. Dameron informed him that they could discuss it among themselves and invite someone in private, that it was not necessary to do it in a public meeting.
GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS - Councilmember Carpenter
No items were reported.
ADMINISTRATORS REPORT
1. Attorney Coordination Meeting will be April 4th at 1:00 p.m. and will involve Mr. Dameron and Councilmember Bath.
2. The R2 Overlay amendments will be reviewed by the Planning Commission on March 23rd and will come before the Council on April 5th.
3. Two hundred and twenty one recycling accounts have currently been set up.
4. Mr. Dameron will begin having department heads present their reports to the Council on April 5. The dates and departments are as follows: Kristen Colson, Administration, April 5th; Don Peterson, Public Works, April 19th; Phil Brown and Adam Cowie, Planning and Building, May 3rd. Those meetings will begin at 6:00.
5. The budget committee, which consists of Mr. Dameron, Councilmember Bayless, Councilmember Anthony and Councilmember Bath need to schedule a meeting sometime after the second week of May. After reviewing their schedules the meeting was scheduled for May 18th at 3:00 p.m.
6. CERT training is May 11th -14th.
7. Mr. Dameron asked if the Council would like Karl Woodard to present his demographic study. The Council received a copy of the presentation and stated that the hard copy was sufficient.
8. Mr. Dameron informed the Council that the billboard on State Street had been removed, and the owners had been informed that they could not relocate it.
Mayor Acerson commented on letters he had received from scouts in the audience this evening. One was from Scott Cooper and addressed his concern over not having a recycling program in Lindon. The mayor stated that he would respond and let Mr. Cooper know about the recycling program that is underway. The other letter was a request for an area in the city to ride ATV’s.
Director Cowie reported to the Council regarding appointments of Planning Commissioners whose term had expired or would expire in July. He stated that all members of the Planning Commission were very willing to extend their appointment. Mr. Cowie will draft an appointment letter for Mayor Acerson to sign for the members to begin their new terms.
Mayor Acerson commented that he had recently been checking into changing his insurance policy on his home. The insurance company he contacted stated that they could not insure his home because he was more than five miles from the nearest fire station. He measured the distance and it was less than five miles. He asked Councilmember Bath to check into the listing of the location of the fire station.
COUNCILMEMBER CARPENTER MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING OF MARCH 15, 2005 AT 10:32 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Approved April 5, 2005
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Ott H. Dameron, City Administrator/Recorder
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Jeff Acerson, Mayor
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