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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » November 1, 2005
November 1, 2005

The Lindon City Council held a regularly scheduled meeting on Tuesday, November 1, 2005, beginning with a work session at 6:00 p.m., at the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.

WORK SESSION – 6:00 P.M.

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 began at 6:07 p.m.

DISCUSSION

The Mayor and City Council will meet in a work session with David Thurgood, City Engineer, to hear the report on a Water Rate Study recently conducted by Mr. Thurgood.

Dave Thurgood, of JUB Engineers, and Public Works Director, Don Peterson, were present at the meeting to discuss this item. Mr. Thurgood discussed specific elements of the recently conducted water rate study. Results indicate a net revenue surplus in the amount of $16,437 for the fiscal year ending June 30, 2005. The revenue surplus has been generated in part due to a policy change which requires each City department to pay for water usage of that department. Mr. Thurgood noted that prior to the 2004/2005 fiscal year, the water fund had not generated sufficient revenue to be self supporting, and it had been necessary to borrow money from the sewer fund. Mr. Thurgood stated that direction is needed from the Council as to whether the debt incurred to the sewer fund should be repaid with excess revenues from the water fund. He discussed several possible debt repayment structures. He noted that excess revenue will be necessary to maintain and upgrade the water system in the future.
The Council went on to discuss elements of the water rate study, such as water usage per residential unit, fixed and variable costs associated with the water system, current debt structure of the water system, and power usage for pump stations. Mr. Thurgood suggested the possibility of a graduated rate structure based on volume of usage, which would increase water rates for residents using excessive amounts of culinary water. Mr. Dameron noted that the graduated structure would not impact residents such as elderly couples who use minimal amounts of water, but may impact residents using culinary water for items such as water features in landscaping. The intent of the graduated rate structure would be to encourage conservation of water resources, and to maintain a revenue surplus in the water fund for use in debt repayment and for future upgrades and maintenance of the water system. Mr. Thurgood stated that specific examples of water rates related to amount of usage and possible impact on residents will be made available to the Council prior to making any recommendations.

REGULAR SESSION – 7:00 P.M.

The meeting was called to order at 7:07 p.m.

Conducting: Jeff Acerson, Mayor
Pledge of Allegiance Tim Clyde, Councilmember Candidate
Invocation: Toby Bath, Councilmember

MINUTES – The minutes of the regular meeting of October 18, 2005 were reviewed. No corrections were made.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE OCTOBER 18, 2005 MEETING AS WRITTEN. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION –

There was no public comment

MAYOR’S COMMENTS/REPORT –

Mayor Acerson noted that the General Election will be held on November 8, 2005. He encouraged residents to participate in the election process.

CONSENT AGENDA –

No items.

CURRENT BUSINESS –

1. Review and Action – Squaw Hollow Debris Basin Park. This is a request by staff and the citizens committee for the Squaw Hollow Debris Basin Park for approval of the proposed layout and design elements which have been suggested for the park.

Mr. Cowie reviewed this item. He stated that the park is located east of 800 East, and is structured around a debris basin. Mr. Cowie observed that it will be necessary to maintain the integrity of the debris basin associated with the park, as there have been several incidents where debris has been washed out of the canyon. Use of the debris basin for it’s intended purpose will minimize the possibility of property damage to homes in the area due to flooding. Mr. Cowie noted that residents in the area of the park approached the Council regarding completion of the park several months ago. At that meeting, residents were encouraged to form a citizens committee to assist the City in making plans for completion of the park. The proposed layout submitted at this meeting is a result of an opinion poll conducted by the committee. The survey indicates a preference for the following amenities; a play structure, a pavilion, a walking track, and a drinking fountain. Mr. Cowie noted that residents have requested that the City consider a possible basketball facility as well. Mr. Cowie observed that construction of a pavilion structure would require an off street parking stall in compliance with ADA standards. Mr. Cowie stated that available on street parking area is sufficient without additional parking areas, but would not be in compliance with ADA standards. Mr. Cowie asked David Thurgood of JUB Engineers to review the proposed layout and estimated costs for the park.
Mr. Thurgood discussed drawings of the proposed layout and cost estimates for the park based on citizen input. He stated that the estimated cost for Phase I of the park would be approximately $100,544. Phase I would not include play equipment, grass, or any super structure, such as a pavilion or gazebo. Phase I would, however, include a parking area with ADA approved access, and the soft surface and supporting structure for the play area. The Council went on to discuss the cost of specific design elements as proposed by residents. Councilmember Carpenter inquired as to the estimated cost for grass. After consulting with Public Works Director, Don Peterson, Mr. Thurgood determined that the cost of grass would be approximately $6,000 if installed by residents. Councilmember Carpenter also inquired as to cost estimates for a drinking fountain. Mr. Thurgood estimated installation of the drinking fountain to be approximately $4,000 to $5,000.
Councilmember Anthony asked if the proposed trail is in compliance with ADA standards. Mr. Thurgood stated that the trail would be constructed to meet ADA requirements, and would not exceed an 8% grade.
Councilmember Carpenter inquired as the estimated cost for a play structure. Mr. Peterson noted that the cost is related to the size of the structure based on the number of children it is expected to accommodate, but would be approximately $16,000 for each structure. Councilmember Carpenter observed that based on the items included in Phase II, cost estimates would be between $50,000 and $80,000. Mr. Dameron noted that the City had discussed an approximate cost of $100,000 for each phase with members of the committee, and that this amount is consistent with the cost associated with other City parks which have been completed.
Councilmember Anthony noted that the survey indicated that a basketball facility would be a popular amenity. He inquired as to why it had been left out of the proposed plan. Mr. Cowie stated that it was the intent of the committee to not overwhelm the Council. The committee felt that the basketball facility could be included if the Council felt it was appropriate. Mr. Thurgood reviewed possible locations for a basketball facility.
Mayor Acerson inquired as to the possibility of reserving the facilities for private functions. Mr. Dameron noted that a restroom facility is typically included in facilities which are offered for rental. He stated that park facilities could be used as available, but could not be reserved.
Several residents in the area of the proposed park were present at the meeting. Mayor Acerson invited residents to give their comments. Ben Nolte introduced himself. Mr. Nolte stated that he would speak as the representative of the committee. Mr. Nolte expressed appreciation for the park. He observed that the park will be a great benefit to area resident. Mr. Nolte stated that the proposed park is the result of collaboration between the neighborhood committee and the City. Amenities included in the proposal are a reflection of opinions expressed by residents in the poll conducted by the committee. Mr. Nolte stated that two residents in the area of the park are contractors with flat concrete experience. These residents have volunteered to donate the labor costs associated with the concrete slab for the pavilion and the possible basketball structure. Mr. Nolte suggested that this cost saving measure may allow the inclusion of the basketball facility. Mr. Dameron stated that donated labor would be allowable if a liability waiver is signed by those participating. Mr. Nolte noted that the basketball facility would provide usage opportunities for older children and teenagers in the neighborhood. The Council went on to discuss various elements associated the basketball facility, such as cost, engineering, and possible locations. Mr. Thurgood noted that the integrity of the detention basin could not be compromised to allow the basketball facility. Lindon resident Tim Clyde noted that an area of the trail includes parallel sections. He suggested elimination of a section of the trail may create an area which would accommodate the basketball facility.
Mr. Nolte again expressed appreciation for the park. He requested that Council approve the park as proposed. Mayor Acerson called for further comments from the audience. There were no further comments.
Councilmember Bayless expressed concern regarding possible engineering concerns associated with the basketball facility and trail area. She suggested these items be reviewed further prior to approval of the design elements of the park. Councilmember Bayless made the following motion.

COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE SQUAW HOLLOW DEBRIS BASIN PARK LAYOUT PENDING AN ENGINEERING REVIEW OF PROPOSED AMENITIES.

Following further discussion among Councilmembers regarding specific design elements of the proposed park, the majority felt that work could proceed on the park at this time, with specific elements, such as the basketball facility, being reviewed individually prior to approval. Councilmember Bayless withdrew her motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE SQUAW HOLLOW DEBRIS BASIN PARK AS PRESENTED IN THE DRAWING WITH THE FOLLOWING CONDITIONS:
1. THAT THE TRAIL SECTION IN THE BOTTOM OF THE BASIN BE ELIMINATED AND THAT THE LOWER TRAIL AREA CONNECT TO THE UPPER TRAIL AREA TO ELIMINATE PARALLEL SECTIONS.
2. THAT THE BASKETBALL COURT AREA IS NOT APPROVED AT THIS TIME, BUT MAY BE CONSIDERED AT A FUTURE DATE.
3. THAT THE CITIZENS COMMITTEE COLLABORATE WITH CITY STAFF REGARDING SPECIFIC ELEMENTS SUCH AS TABLES AND TREES FOR THE PARK.
COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Preliminary Plat – Old Station Square, Plat “A” (Revision). This is a request by BMA Construction for preliminary subdivision approval of a revised Old Station Square, Plat “A”, 9 lots, in CG zone at Lakeview Drive and State Street. This item was continued at the request of the applicant to allow time to resolve some issues relating to cross easements between lots and the location of a power pole near the intersection of the new alignment of Lakeview Drive and State Street.

Brigham Ashton was present as the representative for this item. Mr. Cowie reviewed the request. He noted that this item has been reviewed by the City Council on two previous occasions. The item was continued by the City Council in order to allow time for review of specific items associated with the development. Mr. Cowie noted that the original application reviewed by the Planning Commission included an extension of the tunnel which will be installed under State Street and exit on the west side into the development. The Planning Commission recommended that the tunnel not be extended, but that cross easements be included between lots 5 and 6 and lots 5 and 7. Upon review, the City engineer recommended that no tunnel extension or cross easements be allowed due to possible safety concerns associated with pedestrian traffic in the area.
Mr. Cowie noted that it will be necessary for Mr. Ashton to relocate one power pole in the area of the development to accommodate the alignment of the new street. Relocation of the pole will affect the power pole located near the west entrance of the City park on the east side of State Street. Replacement of the existing wooden pole in the park with a steel pole, or the addition of a guy wire will be necessary. Mr. Cowie noted that replacement of the wooden pole with a steel pole would necessitate removal of a mature tree adjacent to the pole. If a guy wire is attached to the pole, it can be located behind a concrete retaining structure adjacent to the pole, which should minimize possible safety concerns associated with the guy wire. Mr. Cowie noted that during previous review of this item, Mr. Ashton was considering relocation of the roadway rather than relocation of the pole. UDOT officials have indicated that realignment of the roadway would require closure of one access to Utah Idaho Map Supply. The owners of Utah Idaho Map Supply are not willing to close one access at this time. Therefore, realignment of the roadway is not possible.
Councilmember Hatch inquired as to the possibility of relocating the pole in the park to the north side of the street. Mr. Ashton stated that he had discussed that possibility with Utah Power officials who indicated that relocation of the pole would not be possible due to the location of other poles in the area.
The Council went on to discuss replacement of the wooden pole with a steel pole as opposed to installation of a guy wire. It was the consensus of the Council that installation of a guy wire would be preferable, as it would not require elimination of the mature tree.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE REQUEST BY BMA CONSTRUCTION FOR THE REVISED OLD STATION SQUARE SUBDIVISION PLAT AND AUTHORIZE THE ADDITION OF A GUY WIRE TO THE POWER POLE NEAR THE ENTRANCE TO THE CITY PARK, ENSURING THAT ENCROACHMENT OF THE GUY WIRE INTO THE PARK AREA IS MINIMIZED. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Councilmember Hatch suggested that installation of the guy wire should include some type of safety barrier, such as shrubs, to address possible safety concerns.

3. Review and Action – Water Relief Petition – Wentworth Development – Orchard Park Subdivision. This is a request by Wentworth Development for approval of a “Relief Petition” which would enable the developer to pay cash in lieu of turning in water shares for approximately half of the required number of water shares. This request pertains to the Orchard Park Subdivision, 34 lots, in the R1-20 zone, located at approximately 600 North to 800 North, Main Street to 150 East. The Planning Commission recommended approval.

Tom Henriod was present as the representative for Wentworth Development. Lindon City Code requires that any person presenting information regarding a water relief petition be sworn prior to giving testimony. Mr. Henriod was sworn in by Mr. Dameron.
Mr. Henriod presented information regarding the relief petition. He stated that Wentworth Development has successfully acquired 9.157 shares of water. Mr. Henriod noted that Wentworth Development has attempted to acquire the necessary shares through water brokers, and has advertised in the Daily Herald to purchase additional shares. Mr. Henriod stated that it appears that it will not be possible to acquire the additional 7.543 shares required for the development. Mr. Dameron commented that $22,000 per share is the current market price. Mr. Dameron stated that the relief petition will require Wentworth Development to pay $165,946, or $22,000 per share, in lieu of the additional 7.543 water shares. Councilmember Anthony asked if the applicant were willing to pay a higher price per share if the necessary shares may become available. Councilmember Bayless noted that no price was quoted in the ad placed by Wentworth Development. She observed that most owners of water shares prefer to retain the shares. Mr. Cowie noted that City Code specifies that a water relief petition can be granted if the cost of acquisition of the necessary shares if found to inequitable to the applicant. Mayor Acerson observed that the intent of the City in requiring water shares was to retain the shares originally associated with particular parcels of ground. He noted that the property associated with this development was purchased from Alpine School District. The School District is not willing to sell the water shares associated with the property at this time. Councilmember Anthony noted that the purchase agreement between Alpine School District and Wentworth Development stated that the water shares were not being sold with the property. He felt that the applicant should have considered acquisition of water shares prior to purchase of the property. Councilmember Carpenter observed that this may be an ongoing issue for future development if water shares are not available. He suggested that the Council discuss the issue further at a later date. Councilmember Bath agreed that the Council should gather further information, and address this issue at a future date.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER BATH MOVED TO APPROVE THE WATER RELIEF PETITION SUBMITTED BY WENTWORTH DEVELOPMENT TO PAY A CASH AMOUNT OF $165,946 IN LIEU OF 7.543 WATER SHARES, FINDING THAT ACQUISITION OF THE REQUIRED SHARES WOULD BE INEQUITABLE TO THE APPLICANT. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER AYE
COUNCILMEMBER HATCH NAY
THE MOTION CARRIED (4-1).

The Council encouraged Mr. Henriod to turn in any additional shares which may be acquired by Wentworth Development. For each additional share turned in to the City, the cash amount payable would be reduced by $22,000.

4. Review and Action – Curb Ramp Accessibility Plan. This is a request by staff for approval of a Curb Ramp Accessibility Transition Plan which is intended to systematically bring Lindon’s curb ramps into compliance with current accessibility standards. These standards are required by the Architectural Barriers Act (ABA) and the Americans with Disabilities Act (ADA). Mark Christensen, JUB Engineers, will present this item.

Mark Christensen presented the proposed Curb Ramp Accessibility Plan. He explained that the maps presented indicate high, medium, and low priority ramp installation and repair projects. Mr. Christensen noted that high priority areas are along State Street, and around school and park locations. Mr. Christensen noted that curb ramp accessibility is not a new requirement, but has received recent attention. Federal authorities have instructed cities to inventory current accessibility ramps, and create a plan to eliminate any access barriers. Mr. Christensen stated that an inventory of ramps in the City indicate that 507 ramps are not currently in compliance with ADA standards.
Mr. Christensen went on to review the map which illustrates the prioritized plan. Councilmember Carpenter observed that there were some discrepancies between the large map shown on the wall and the small map included in the staff packets. Mr. Christensen stated that there had been recent changes to the plan which were included on the map in the staff packets.
Mayor Acerson inquired as to the approximate cost for installation of each ramp. Mr. Christensen stated that the cost associated with a simple ramp replacement would be approximately $3,000. Mayor Acerson asked if curb ramp projects may be eligible for funding through a Community Development Block Grant (CDBG). Mr. Christensen stated that such projects may qualify for CDBG funding. Mr. Christensen noted that the current plan allows up to twenty five years for completion of high priority areas at current levels of funding. Mr. Christensen stated that Public Works Director, Don Peterson, would have authority to reprioritize the plan as needed. Mr. Christensen observed that priorities may change as development occurs and as federal standards change. He suggested the plan be reviewed for necessary modifications periodically.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER BAYLESS MOVED TO ADOPT THE CURB RAMP ACCESSIBILITY PLAN AS PRESENTED BY JUB ENGINEERS FOLLOWING SYNCHRONIZATION OF THE ASSOCIATED MAPS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Public Hearing – Community Development Block Grant (CDBG) Application. The City Council will hear public comment and suggestions for potentially eligible projects under the CDBG Small Cities Program for year 2006. The City Council will then possibly act to approve an application for a specific project.

COUNCILMEMBER CARPENTER MOVED TO OPEN THE PUBLIC HEARING FOR THE CDBG APPLICATION. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Cowie presented this item. He stated that in order to be eligible for CDBG funding, the City is required to hold two public hearing to receive input from residents regarding use of funds. Residents present during this public hearing were Tim Clyde, Gary Godfrey, Karie Godfrey, Linda Nelson, Kristen Colson, and Sherrie Laidler. Mr. Cowie went on to explain that CDBG funds are required to be used to benefit low and moderate income (LMI) residents. He noted that two groups assumed to be LMI include victims of domestic violence and people with disabilities. Mr. Cowie noted that the proposed curb ramp accessibility plan would serve people with disabilities, and would be assumed to serve LMI residents.
Mayor Acerson called for public comment. Lindon resident Linda Nelson inquired as to the amount of money available. Mr. Cowie stated that funds are distributed through Mountainland Association of Governments, and that approximately 1.4 million dollars will be available for projects throughout the region. Mayor Acerson explained that funds are allocated based on requests. Mr. Cowie noted that applications for funding must be submitted by December 2, 2005. Ms. Nelson stated that she felt that installation of accessibility ramps would be a wise use of the available funds. Councilmember Carpenter suggested that ramp project using CDBG funds could focus on the State Street area, as that area is used by a large number of people with disabilities to access UTA.
Councilmember Hatch suggested a sidewalk near Lindon Elementary be considered. Mr. Dameron noted that a sidewalk project on Center Street may not meet LMI guidelines. Mr. Cowie clarified that the guidelines for use of CDBG funds specify that at least 51% of the beneficiaries cannot exceed 80% of the median county income. No percentage requirement applies to assumed LMI groups.
Gary Godfrey suggested that improvements to the park located on 400 North may be a possibility, as a group home for people with disabilities is located adjacent to the park.
Mr. Cowie noted that the application process for CDBG funds requires the City to submit a needs and priorities list. The list submitted by Lindon City listed only ADA ramps as a high priority, which may exclude other possible projects. Mr. Cowie noted that a second public hearing will be held regarding use of CDBG funds if the City is approved for funding.

COUNCILMEMBER CARPENTER MOVED TO CLOSE THE PUBLIC HEARING FOR THE CDBG APPLICATION. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER CARPENTER MOVED TO PRIORITIZE INSTALLATION OF ADA RAMPS ASSOCIATED WITH THE APPLICATION FOR CDBG FUNDING. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Discussion/Appeal (continued) – Rental Utility Billing Policy. This is a request by Gary and Karie Godfrey, landlords of Oak Canyon Estates, for a continued review of the city’s rental utility billing and enforcement of policies and procedures.

Gary and Karie Godfrey were present at the meeting as representatives for this item. Kristen Colson, Finance Director/Treasurer, and Sherrie Laidler, Utility Billing Clerk, were also present at the meeting to address this item. Mrs. Godfrey addressed the Council. She stated that the utility billing policy of the City was changed approximately one year ago. Current policy requires property owners to assume responsibility for payment of outstanding utility bills which are not paid by tenants renting the property. Utility billing procedures followed by City staff were explained by Ms. Laidler as follows:
1. When current month bills are mailed, accounts with an outstanding balance are instructed to pay the past due balance within fifteen days of receiving the current months bill.
2. Any accounts with a remaining past due balance following the fifteen day grace period receive a ten day shut off notice instructing them to pay the past due balance within the ten day period. If the account is not paid or arrangements made within the ten day period, a five dollar fee is assessed to the account.
3. Services are terminated on any account with an unpaid past due balance where arrangements have not been made on or about the 25th of the month. A thirty dollar reconnect fee is charged to any account which has services terminated.
4. If the terms of any payment arrangements are not met, services are terminated the day following the date of the expected payment.
Mrs. Godfrey expressed concern that the leniency allowed by City staff in making payment arrangements with tenants may create an inequity for property owners if past due balances are allowed to increase each month when bills are not paid in full, or when services are not terminated as specified in current policy. Mrs. Godfrey stated that several tenants have moved from the rental units she owns leaving large unpaid balances which she has then been responsible to pay. Mr. and Mrs. Godfrey presented utility billing policies of neighboring cities for comparison with the policy used by Lindon City.
Mr. Godfrey suggested that past due balances not be allowed to exceed $100 prior to termination of services. He observed that if “token” payments are accepted, and services not terminated, outstanding balances can continue to grow, leaving property owners responsible for payment of large balances when tenants move. Ms. Laidler stated that current policy requires termination of accounts with a past due balance over $50 if other arrangements have not been made.
The Council discussed the practice of the City to allow leniency in implementation of the policy, and procedures which may be used to enforce current policy consistently while allowing some leniency for emergency situations residents may face. Following extensive discussion, the Council agreed to more strictly enforce current policy which requires termination of services with accounts showing a past due balance on the 25th of each month. A committee will be formed which will allow residents to petition for consideration of special circumstances which would not allow accounts to be paid in full each month. Property owners will be contacted by a committee member to discuss appeals submitted by tenants who rent property from them. Mr. and Mrs. Godfrey expressed concern that this solution may only partially address the problem, as payment of utility accounts would still be at the discretion of the City, and property owners would still be responsible for any unpaid balance when tenants move. However, they agreed that stricter enforcement of current policy should be attempted for a period of time to determine if the problem could be addressed sufficiently to eliminate any inequity to property owners. Mr. Dameron will follow up in forming the appeals committee.

7. Review and Action – Change Order Request #3 – 200 South Storm Drain Project (850 East to 1200 East). This is a request by staff for the Council’s consideration and possible approval of a change order amount which exceeds the parameters of staff authority.

Mr. Dameron asked if there were any questions or concerns regarding this Change Order Request, which was reviewed by the Council prior to the meeting. There were no questions. Mayor Acerson called for a motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE CHANGE ORDER REQUEST #3 – 200 SOUTH STORM DRAIN PROJECT IN THE AMOUNT OF $2,840. COUNCILMEMBER HATCH 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.

8. Review and Action – Award of Financing Package – VacCon Sewer Cleaner Truck. Requests for financing proposals were received for the purchase of the new combination unit sewer cleaner truck. Staff recommends awarding the financing to Western Community Bank with terms of 3.90% interest for three years with no fees.

Mr. Dameron asked if there were any comments or concerns regarding the financing package for the combination sewer cleaner truck. Councilmember Carpenter noted that the interest rate was very good. There were no other comments or concerns.

COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION 2005-18 APPROVING THE FINANCING PACKAGE AND THE BANK FOR THE PURCHASE OF A COMBINATION UNIT SEWER CLEANER TRUCK TO WESTERN COMMUNITY BANK AT 3.9% INTEREST. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOW:
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 had no items to report.

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

Councilmember Bayless commented that she had received positive feedback from residents regarding the Dan Jones survey currently being conducted. She also noted that the Planning Commission is working very diligently and “doing a great job.” However, she noted that there is still one vacant seat on the Planning Commission which needs to be filled. Councilmember Bayless noted that the City is hopeful that the vacancy will be filled with someone who will provide representation from the west side of the City.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS –

Councilmember Bath commented that he had an opportunity to respond to the Dan Jones survey. He agreed that the survey addresses issues which are important to the City.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER –

Councilmember Anthony noted that he has been contacted during his campaign by many residents requesting widening of City streets and installation of curb gutter and sidewalk structures in various areas of the City. Councilmember Carpenter stated that when such improvements are completed, residents who own the property which fronts the streets pay for the improvements. Councilmember Anthony stated that residents are aware that they would bare the expense, and are willing to pursue the improvements. Mr. Dameron suggested that Councilmember Anthony direct the residents to submit a petition during the open session of a City Council meeting to begin the discussion with the Council.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS –

Councilmember Carpenter had no items to report.

LINDON DAYS DISCUSSION –

Mayor Acerson reported that he had met earlier in the day with Lindon Days Committee Chairs Linda Nelson and Nancy Zundel. He requested that the Council take a few moments to review recommendations for next year’s celebration. Ms. Nelson was present at the meeting. Ms. Nelson reported that she had received feedback from several residents who had expressed that they felt the celebration is too long. She suggested the first Saturday of the celebration be eliminated, and events typically held on that day be cancelled or redistributed to other days of the celebration. Following extensive discussion, it was the feeling of the Council that the traditional length of the celebration should be maintained from Saturday to Saturday.

ADMINISTRATORS REPORT –

Mr. Dameron reported on the following items:
1. The sewer update meeting will be held Tuesday, November 8th at 3:00 p.m.
2. Election Day results will be available at the City Center beginning at 8:00 p.m. on November 8th.
3. The Fryer property matter is scheduled to be addressed in court on Tuesday, November 19th at 10:00 a.m.
4. The Council reviewed the project tracking list.
5. There are currently 324 recycling accounts.
6. Mr. Dameron distributed training materials from URMMA.
7. Mr. Cowie has received $10,000 in grant funds from the Quality Growth Commission to offset the cost of geo-hazard mapping of the foothill area on the east side of the City. The City will pay an estimated $25,000 in addition to the grant funds to complete the study.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


EXECUTIVE SESSION – The City Council will meet privately to discuss pending or reasonably imminent litigation.

COUNCILMEMBER BAYLESS MOVED TO ENTER INTO EXECUTIVE SESSION AT 11:22 P.M. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER CARPENTER MOVED TO CLOSE THE EXECUTIVE SESSION AT 12:20 A.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

ADJOURN –

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE MEETING AT 12:20 A.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED – November 15, 2005




_____________________________________
Ott H. Dameron, City Administrator/Recorder


________________________________
Jeff Acerson, Mayor


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