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Home » City Government » Council » Schedule: Agendas and Minutes 2005 » Council Minutes 2005 » November 15, 2005
November 15, 2005

The Lindon City Council held a regularly scheduled meeting on Tuesday, November 15, 2005, beginning at 7:00 p.m. at the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.

Conducting: Jeff Acerson, Mayor
Pledge of Allegiance: Jason Snyder, Cub 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.

RECOGNITION – The Lindon City Tree Board will be recognized for earning Lindon City the “Community of the Year Award” given by the Utah Community Forest Council and International Society of Arboriculture – Utah Chapter.

Tree Advisory Board Chairperson, Janeane Cartwright , introduced members of the Board and gave an overview of each members qualifications. Tree Advisory Board members are Janeane Cartwright, Marilyn Simister, Janeal Kallus, Darla Carter, Dave Lawson, and Kevin Cartwright. Adam Cowie and Wade Webb are assigned to the Tree Board as City staff representatives, and Eric Anthony is the City Council representative. Ms. Cartwright expressed appreciation to the City for the cooperation of City staff with the Board. She noted that the board has been in existence only since May of 2005, and has already accomplished a great deal.
Mayor Acerson read the recognition of Lindon City as “Community of the Year”, awarded by the Utah Community Forest Council. Mayor Acerson commented that the City and the Tree Advisory Board have accomplished much, and that the City is committed to proceed with future tree planting, maintenance, and education programs within the City.

MINUTES – The minutes of the regular meeting of November 1, 2005 were reviewed. The following corrections were made:

Page 4, Line 34: insert the words “is not approved at this time.”
Page 6, Line 45: change the vote to reflect a NAY vote from Councilmember Hatch.

COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 1, 2005 MEETING AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The minutes of the Executive Session of November 1, 2005 were reviewed. No corrections were made.

COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 1, 2005 EXECUTIVE SESSION AS WRITTEN. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The minutes of the Executive Session of October 17, 2005 were reviewed. No corrections were made.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE MINUTES OF THE OCTOBER 17, 2005 EXECUTIVE SESSION AS WRITTEN. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION –

Mike Stanford introduced himself to the Council. Mr. Stanford stated that he is a vendor who submitted a bid for the SCADA system, and would be happy to answer any questions the Council may have. Mr. Dameron noted that the SCADA system is an agenda item for this meeting, and it would be appropriate to address any questions when the agenda item is discussed.
Ben Nolte introduced himself as the representative for the neighborhood committee which addressed the Council at the previous regular meeting regarding the Squaw Hollow Debris Basin Park. Mr. Nolte stated that he wished to express appreciation to the Council publicly for their time and effort in approving the park design.

MAYOR’S COMMENTS/REPORT –

Mayor Acerson commented that has recently attended several meetings regarding various projects and programs. However, none are complete at this time, and he will comment on these items when they are complete.

CONSENT AGENDA –

No items.

CURRENT BUSINESS –

1. Preliminary Plat – Country Corner Estates, Plat “A”. This is a request by Jeff Hoyt for preliminary subdivision approval of Country Corner Estates, Plat “A”, 3 lots, in the R1-20 zone at 200 South 400 West. The Planning Commission recommended approval with conditions.

Jeff and Cheryl Hoyt were present as representatives for this item. Mr. Cowie reviewed the application for the Council. He stated that the proposed subdivision consists of three lots on the corner of 200 South and 400 West. The two north lots front onto 400 West, and the corner lot has potential access onto either 400 West or 200 South. All three lots meet the minimum 20,000 square foot requirement. Mr. Cowie noted that the Planning Commission recommended the distance of the driveway access of the corner lot in relation to the intersection be a minimum of 50 feet to mitigate any possible safety concerns. Mr. Cowie commented on the gravel trail section which is located adjacent to the proposed subdivision. He observed that the trail section does not connect to any other section, and that it may be more beneficial to the community to convert the gravel trail section into a park strip. Mr. Cowie clarified that the street right of way would be maintained in the area of the trail. The Planning Commission recommended that the park strip be landscaped and maintained by individual property owners. Commissioner Godfrey opposed the removal of the trail section, as he felt maintenance of all trail sections is an important aspect of maintaining the rural look and feel of the community. Mr. Cowie noted that the subdivision creates a remnant parcel of property, which is owned by the Silva family. The Silva family intends to develop the remnant parcel at some point in the future.
Mayor Acerson inquired as to the relationship of this trail section to the section which will be addressed later in the meeting as agenda item #7. Mr. Cowie answered that they are related, but that it would be appropriate to address the section of trail associated with this subdivision as part of this application. Mr. Cowie observed that there are several obstacles in this particular section of the trail, such as telephone poles, guy wires, and storm drains, which make it impractical for use as a trail. Councilmember Hatch agreed that there are numerous obstacles. Councilmember Bayless commented that at the time the trail section was approved, the City was not aware of the number of obstacles associated with that particular section. Councilmember Bayless felt that this section of trail may be a detriment to the long range plan the City has regarding trails. Mr. Cowie noted that a striped area at the edge of the paved travel lane provides some area for pedestrian use. Mayor Acerson clarified that the street right of way will be maintained, but the look and feel of the trail section will be changed. He observed that the area could be converted to a trail section in the future if the City felt it was appropriate to do so. Mayor Acerson suggested that it be made clear to property owners that the park strip is located in the street right of way. Mr. Cowie stated that it would be appropriate to list a comment on the plat for each parcel which clarifies that the park strip remains in the street right of way, and is City property.
Councilmember Anthony expressed that he felt trees should be included in the park strip as well. Mr. Cowie noted that it may be necessary to remove trees in the future if the area is converted for another use. Mr. Dameron commented that it would be necessary to consider site distance for vehicles in relation to any trees which are installed. Councilmember Anthony agreed that trees should be included only in areas where it would be appropriate, and no safety concerns would be created by the presence of trees. Councilmember Carpenter inquired as to who would be responsible for installation and maintenance of the trees. Councilmember Bayless felt that trees should be installed and maintained by the City to maintain consistency and proper maintenance of the trees. Councilmember Carpenter expressed concern regarding the City taking responsibility for maintenance of any trees which may be installed.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY JEFF HOYT FOR A THREE LOT MINOR SUBDIVISION TITLED COUNTRY CORNER ESTATES WITH THE FOLLOWING CONDITIONS:
1. THAT THE DRIVEWAY ACCESS TO THE CORNER LOT BE A MINIMUM OF 50’ FROM THE INTERSECTION ON EITHER 200 SOUTH OR 400 WEST.
2. THAT THE TRAIL CROSS SECTION BE CONVERTED TO A PARK STRIP.
3. THAT A COMMENT BE LISTED ON EACH PLAT STATING THAT THE PARK STRIP IS IN THE CITY RIGHT OF WAY, AND IS CITY PROPERTY, AND THAT THE USE MAY CHANGE IN THE FUTURE.
4. THAT THE CITY CONSIDER INSTALLATION OF SHADE TREES IN THE PARK STRIP BEARING IN MIND SITE DISTANCE AND DRAINAGE ISSUES.
5. THAT THE SOD FOR THE PARK STRIP BE INSTALLED AND MAINTAINED BY PROPERTY OWNERS.
6. THAT ANY TREES THAT ARE PLANTED BE INSTALLED AND MAINTAINED BY THE CITY.
COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COUNCILMEMBER ANTHONY AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER CARPENTER NAY
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED (4-1).

Councilmember Carpenter expressed concern regarding the City taking responsibility for installation and maintenance of any trees.

2. Design Review – R2 Overlay Proposal. This is a request by Mick Johnson for a design review of a proposed R2 Overlay project located at 150 West 200 South. The Planning Commission reviewed the proposal and had a few suggestions.

Mick Johnson was present as the representative for this item. Mr. Cowie reviewed the item with the Council. He stated that the applicant is requesting review and suggestions regarding a possible R2 Overlay project consisting of two twin homes at approximately 150 West and 200 South. Mr. Cowie noted that the property has sufficient frontage to allow both twin homes to front onto the roadway. Mr. Johnson has also considered a private drive with a cul-de-sac and a full width street. Mr. Cowie noted that a utility easement may be considered in the roadway for the proposed Hatfield development, located adjacent to this property. Mr. Cowie reviewed the R2 Overlay ordinance, which organizes the City into R2 districts. The proposed project is located in district 13, which can accommodate up to eight additional R2 projects at this time.
Mr. Johnson addressed the Council. He expressed concern regarding the depth of the sewer system in the area of the proposed development. Mr. Johnson stated that he has discussed possible sewer line placement with the Public Works Director, Don Peterson. Mr. Johnson also stated that he has given tentative approval to Ron Hatfield to purchase a utility easement.
Councilmember Bayless commented the Planning Commission discussed the possibility of extending the road from the Hatfield development as a through street. However, during that discussion, Mr. Cowie pointed out that extending the road from the Hatfield development would split the property owned by Mr. Johnson into two parcels, which would allow one twin home, as R2 projects require a 750 foot buffer zone between projects. Councilmember Carpenter suggested that the road could be extended on one end of the property, with both twin homes being located on the same side of the road. Mr. Johnson expressed concern regarding an increase in traffic flow if the road was extended as a through street. Councilmember Carpenter observed that installation of a through street may improve traffic flow in the proposed Hatfield development, and that Mr. Hatfield may be willing to provide some compensation for the through street. Mr. Hatfield was present at the meeting. He stated that he is willing to work with Mr. Johnson to find a mutually beneficial solution. Mr. Johnson inquired as to the possibility that the City will use eminent domain to acquire the Price property if excessive traffic problems occur as a result of the Hatfield development. Councilmember Carpenter stated that while the City can exercise eminent domain, it has never done so, and it is not the practice of the City to employ eminent domain rights.
Councilmember Carpenter observed that the proposed project “seems to be sensible,” and appears to fit within the R2 requirements. Councilmember Bayless agreed that the proposed project appears to meet the R2 Overlay criteria. She suggested Mr. Johnson continue to work with Mr. Hatfield regarding installation of roads and possible easements. Mr. Johnson thanked the Council for their time and suggestions.

3. Review and Action – Water Rate Study. This is a request by staff for review by the Council of a study completed by David Thurgood, City Engineer, on the water rates for Lindon City. The City Council met in a work session with Mr. Thurgood to receive information about the Water Fund and possible options regarding its funding. Depending on the action taken by the Council tonight, staff will advertise for a public hearing, if necessary, to consider any changes to the water rates.

David Thurgood of JUB Engineers addressed the Council regarding the recently completed water rate study which was conducted by JUB. Mr. Thurgood gave an overview of water fund debt structure, capital projects, revenues and expenditures. He reported that in general, revenue is projected to increase at a greater rate than expenditures. Mr. Thurgood pointed out that it is necessary that revenues increase sufficiently each year to cover capital expenditures. This can be accomplished through an annual CPI increase, or with a rate increase, or both. Councilmember Anthony asked Mr. Thurgood if there is any forecast on capital expenditures for the next five years. Mr. Dameron commented that JUB will update the capital facilities plans, including water projects, in the next year.
Mr. Thurgood discussed a new policy implemented by the City, which requires all City facilities to pay the water fund for water usage. This policy has allowed the water fund to operate in the black this year. Previously, it had been necessary for the water fund to borrow from the sewer fund. Mr. Thurgood suggested that the additional revenue produced by the water fund could be used for future capital expenditures, or to repay the debt owed the sewer fund.
Mr. Thurgood suggested the possibility of implementing a tiered rate structure per 1,000 gallons, which would increase the rate paid by residents or businesses using excessive amounts of water. The intent of the tiered rate structure would be to encourage conservation and to better distribute costs based on water use.
Following review and discussion regarding specific elements of the study, Mr. Thurgood made the following recommendations:
1. That the City not increase the base rate for the culinary water and pressure irrigation at this time, but evaluate the fund annually as has been done in this study to monitor the condition of the fund.
2. That the City reinstate an annual CPI increase to keep up with inflation.
3. Since a change in policy resulted in increased revenue, the Water Fund should pay back other funds in whatever manner the Council decides. Mr. Thurgood recommended that no interest be charged to the Water Fund. The Council could decide each year the amount to be paid.
4. That the City adopt an “Incentive” or tiered rate structure per 1000 gallons that encourages conservation and better distributes the cost based on use.
Mayor Acerson inquired as to the cost associated with an annual review. Mr. Dameron stated that the cost is minimal, and would prevent large rate increases which may be necessary if the study were conducted less frequently. Councilmember Anthony suggested the use of the Wells Fargo CPI in calculating the annual CPI increase. Mr. Thurgood suggested that collection of data for another year would be helpful in determining if a rate increase or a tiered rate structure would be appropriate.
The Council discussed each of the recommendations made by Mr. Thurgood. Councilmember Carpenter asked what effect the tiered rate structure would have on residents. Mr. Thurgood stated that the tiered rate structure would affect approximately 1%-2% of residential users, and would be more likely to have an effect on some commercial and industrial users. Mr. Thurgood observed that the secondary water system bond is scheduled for repayment in 2007. He suggested that upon repayment of the bond, additional revenue could be available annually to repay the sewer fund debt. Mr. Thurgood noted that one advantage of an annual review would be to clearly identify funds which are available for debt repayment.
Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE THE WATER FUND RATE STUDY WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT STAFF PREPARE A RESOLUTION TO REINSTATE AN ANNUAL CPI INCREASE.
2. THAT UPON REPAYMENT OF THE SECONDARY WATER SYSTEM BOND, A REPAYMENT SCHEDULE BE ESTABLISHED FOR REPAYMENT OF THE DEBT TO THE SEWER FUND.
3. THAT DATA BE COLLECTED FOR ONE YEAR TO ESTABLISH TRENDS WHICH MAY JUSTIFY A RATE INCREASE OR TIERED RATE STRUCTURE.
COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Public Hearing – Ordinance – Procedures for Pending Land Uses. (Ordinance #2005-17) The City Council will hear public comment and possibly act to approve an ordinance which establishes procedures for notification of pending land use decisions.

COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER PROCEDURES FOR PENDING LAND USES. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Dave Lindsey of the Pleasant Grove Review introduced himself to the Council. He stated that he has been assigned to cover Lindon events for the local newspaper.

City Attorney, Brian Haws, was present to explain the ordinance to the Councilmembers and answer any questions they might have. Mr. Haws explained that the ordinance clearly identifies the point at which property rights are vested, and notifies the public when an ordinance is pending. Mr. Dameron pointed out that this ordinance allows the Council to adopt a new ordinance, or make revisions or amendments to an existing land use ordinance through a Resolution which is addressed as an agenda item.
Councilmember Carpenter noted that a correction is necessary to the wording in item 3(a) of the proposed ordinance, changing the word “publish” to the word “public.”
Mr. Cowie inquired as to whether any additional notification requirements were necessary to address any Resolution as an agenda item other than the required twenty four hour posting. Mr. Haws indicated that twenty four hour posting is the only notification requirement. Mr. Cowie asked if an emergency situation arose, if it would be possible to hold a special meeting to address the Resolution. Mr. Haws stated that if the twenty four hour posting requirements is met, a special meeting can be held. Mr. Cowie asked Mr. Haws what time limit is specified in the Ordinance for any revisions. Mr. Haws stated that the process must be completed in 180 days. Mr. Dameron asked if it would be allowable to set a shorter time limit. Mr. Haws stated that it would be allowable, but 180 days would allow adequate time in most situations. He observed that the process can be completed in a shorter period of time.
Councilmember Carpenter inquired as to whether URMMA had been consulted regarding the proposed ordinance. Mr. Haws stated that URMMA has not reviewed the specific ordinance, but that the language is consistent with recommendations made by URMMA. Mr. Haws informed the Council that Fieldstone Developers and their attorney are aware of the proposed ordinance. Mr. Dameron noted that state code allows notification to be mailed to affected parties rather than publishing of a public notice if because of the short time frame, publishing a public notice was not possible.
Mayor Acerson called for further comments or discussion. Hearing none, the public hearing was closed.

COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARING FOR PROCEDURES FOR PENDING LAND USES. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER CARPENTER MOVED TO APPROVE ORDINANCE 2005-17 AFFECTING LINDON CITY CODE 17.04.090 AND ESTABLISHING PROCEDURES FOR NOTIFICATION OF PENDING LAND USE ORDINANCES, WITH THE NOTED CORRECTION TO ITEM 3(a) AND TO AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS. 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.

5. Resolution – Intent to amend the R-3 Overlay Ordinance. (Resolution #2005-19) This is a request by staff to give public notice by resolution of the Council’s intent to review and possibly amend the R3 Overlay Ordinance.

Mr. Dameron noted that the City is currently working on a development agreement with Fieldstone Developers regarding possible residential development in the R3 Overlay zone. Councilmember Bayless asked if it would still be appropriate to pass this resolution. Mr. Haws indicated that there is additional property still available which could be included in the R3 Overlay if any application is submitted. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE RESOLUTION 2005-19 INDICATING THE INTENT OF LINDON CITY TO REVIEW, ADOPT, AMEND, OR REVISE THE R3 OVERLAY ZONE WITHIN LINDON CITY AS NECESSARY AND TO AUTHORIZE THE MAYOR TO SIGN THE ASSOCIATED DOCUMENTS. . 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.

6. Review and Action – Canvass and Certification of 2005 General Election Results. The City Council will sit as the Board of Canvassers for the November 8, 2005 Municipal General Election and certify the results of that election.

The General Election Canvass was conducted by the City Council, acting as the Board of Canvassers. The Council reviewed election results submitted by the Election Judges, as well as counted the verified provision ballots. One discrepancy was noted in Precinct 4, in which two spoiled ballots and one absentee ballot were not counted in the tabulation of used ballots. The discrepancy had no affect on the outcome of the election. Finding no other discrepancies, the results of the election were certified as follows:

COUNCILMEMBER BATH MOVED TO CERTIFY THE GENERAL ELECTION RESULTS ELECTING THE FOLLOWING INDIVIDUALS AS MAYOR AND COUNCILMEMBERS FOR FOUR YEAR TERMS:
JEFF ACERSON 844 VOTES
ERIC ANTHONY 566 VOTES
H. TOBY BATH 452 VOTES
COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Tim Clyde was unsuccessful in the election, with 414 votes, as was Kenneth John Miller with 282 votes.

7. Review and Action – 400 West Street Pathway Section – 40 South to 150 South. This is a request by staff for a decision by the Council as to the final disposition of the gravel “pathway” along 400 West adjacent to the Saddle Ridge Subdivision.

The Council discussed the installation of sod in the pathway area. Councilmember Anthony suggested that trees be included in the proposed park strip area. Councilmember Carpenter agreed that installation of trees would be appropriate, but he expressed concern regarding the City assuming responsibility for ongoing maintenance of the trees. Councilmember Carpenter observed that some guiding principle for tree maintenance should be considered. Councilmember Bath felt that the City should maintain the trees to eliminate any safety concerns. Councilmember Bayless commented that the trees will be in the City right of way. Mayor Acerson observed that the City expected residents to participate in maintenance of some trail areas, and residents have not responded as expected. Mr. Dameron commented on tree maintenance which was done by a landscape company hired by the City in the Canberra area. Mr. Dameron reported that there are currently trees located adjacent to Geneva Road which are in need of maintenance or removal in order to maintain appropriate sight distance for vehicles. Mr. Dameron noted that potential safety issues can be minimized if regular tree maintenance is conducted by the City. Mayor Acerson suggested that the Tree Advisory Board address a guiding principle to clarify what trees should be maintained by the City.

COUNCILMEMBER BATH MOVED TO APPROVE INSTALLATION BY THE CITY OF SOD, A SPRINKLING SYSTEM, AND TREES TO THE PATHWAY SECTION FROM 40 SOUTH TO 150 SOUTH. THE AREA WILL BE MAINTAINED BY PROPERTY OWNERS ON A VOLUNTARY BASIS FOLLOWING INSTALLATION. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

8. Review and Action – Agreement – Utah Local Governments Trust. This is a request by ULGT for the city to approve an amended and restated agreement amending the agreement which created the Trust in the beginning.

Mr. Dameron reviewed this item. He stated that ULGT has requested that each member city in the organization sign an amended and restated agreement which clarifies workers compensation coverage and weighted voting. Mr. Dameron noted that county members are becoming fewer in number, and the new voting structure will be equitable to all members. City Attorney, Brian Haws, has reviewed the agreement, and has stated that the changes do not affect the basic terms of the agreement. Mr. Dameron noted that the amended agreement was discussed at a recent UTOPIA meeting. Six ULGT member cities are represented on the UTOPIA board, and all felt that the amended and restated agreement is appropriate.

COUNCILMEMBER HATCH MOVED TO APPROVE RESOLUTION 2005-20 APPROVING AND ENTERING INTO AN AMENDED AND RESTATED AGREEMENT CREATING THE UTAH LOCAL GOVERNMENTS TRUST AND AUTHORIZE THE MAYOR TO SIGN ALL ASSOCIATED DOCUMENTS. 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.

9. Review and Action – Proposal Award – SCADA Telemetry System. Requests for proposals were received for the installation of a new remote monitoring and control system for the utility tanks and pump stations. The Supervisory Control and Data Acquisition (SCADA) system was advertised and three companies responded. After interviewing all three firms, staff recommends awarding the installation of the system to Remote Control Systems at the price of $117,775.00.

Mr. Dameron noted that Councilmember Carpenter and Councilmember Hatch were members of the interview committee for this bid. Councilmember Hatch stated that some bids had been eliminated due to the fact that no backup system was available. Councilmember Carpenter reported that the components for the proposed system from Remote Control Systems are internationally available. Mr. Dameron noted that the City has worked with Remote Control Systems for several years, and has been pleased with the working relationship. Remote Control Systems also submitted the low bid. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER HATCH MOVED TO AWARD THE SCADA TELEMETRY SYSTEM BID TO REMOTE CONTROL SYSTEMS IN THE AMOUNT OF $117,775.00. COUNCILMEMBER ANTHONY 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.

10. Review and Action – Proposal Award – Geological Hazards Study. Requests for proposals were solicited for the study and mapping of the geological hazards along the foothills of the city. Requests were received and two firms were selected for interviews. After interviewing the two firms, staff recommends awarding the geological hazards study to Kleinfelder, Inc. at the price of $30,200.00.

Mr. Dameron explained that this is a follow up to a previous discussion regarding mapping of potential geological hazards in the foothills on the east side of the City. Two companies were interviewed for the bid award. Kleinfelder, Inc submitted the low bid of $30,200.00. Mayor Acerson noted that the City has been awarded grant funds in the amount of $10,000.00 by the Quality Growth Commission to off set the cost of the study, leaving a net cost to the City of $20,200. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER ANTHONY MOVED TO AWARD THE GEOLOGIC HAZARD MAPPING PROJECT TO KLEINFELDER, INC IN THE AMOUNT OF $30,200. COUNCILMEMBER BATH 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.

11. Review and Action – Change Order Request #4 – 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 explained that this change order request is for only $875.00. However, due to the large change order request previously approved by the Council for this project, any additional change order requests exceed the parameters which staff can approve and requires Council approval. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE CHANGE ORDER REQUEST #4 – 200 SOUTH STORM DRAIN PROJECT IN THE AMOUNT OF $875.00. 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.

12. Review and Action – Change Order Request #2 – McKinley Drive Trail (BST). 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 noted that changes in this project are a result of requests by residents in the area regarding various elements of the trail. This particular change order involves fill and excavation. Mr. Dameron also informed the Council that the contractor was unable to acquire the type of rock which was approved for the project. Rather than delay completion of the trail, the City instructed the contractor to move ahead with the project. Councilmember Bayless commented that the contractor has been asked to attend DRC meetings to discuss details of the trail completion. Mr. Dameron stated that the amount of the change order request is $3,041.68. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER CARPENTER MOVED TO APPROVE CHANGE ORDER REQUEST #2 – MCKINLEY DRIVE TRAIL, IN THE AMOUNT OF $3,041.68. COUNCILMEMBER ANTHONY 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.

13. Review and Action – Change Order Request #3 – Street Rehabilitation Projects – 2004. 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 stated that this $13,800.00 change order request is for the City to pay one third of the cost of removal of the rumble strip on the east side of Main Street. JUB instructed the contractor, Geneva Rock Products, to place the rumble strip six inches outside the white line. However, it was determined that the white line on Main Street is in the wrong location, which placed the rumble strip in the wrong location in relation to the center stripe. The current placement of the rumble strip has made the walking area at the side of the road too narrow. Negotiations resulted in an arrangement in which the City, JUB, and Geneva Rock Products will each be responsible for one third of the cost of removing the rumble strip and restriping. Councilmember Bath inquired as to the reasoning behind the City paying any portion of the cost of removal of the rumble strip. Mr. Dameron stated that it is the result of negotiations with the contractor and JUB. Councilmember Bath indicated that he was not comfortable with the City paying any portion of the cost since the City was not responsible for the placement of the rumble strip in the wrong location. Councilmember Anthony asked if there was any particular reason the City should participate in the expense other than the negotiations. Councilmember Carpenter asked who was at fault in placement of the rumble strip in the wrong location. Mr. Dameron stated that incorrect placement of the rumble strip is the result of an oversight on the part of the contractor and JUB. Mr. Dameron noted that the Council may choose to vote against the change order request, and refer the cost back to the contractor and JUB. Mayor Acerson called for further comments or discussion. Hearing none, he called for a motion.

COUNCILMEMBER BATH MOVED TO REFER THE STREET REHABILITATION COST INCREASE FOR REMOVAL OF THE RUMBLE STRIP ON MAIN STREET TO GENEVA ROCK PRODUCTS AND JUB ENGINEERS. COUNCILMEMBER ANTHONY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCIL REPORTS

WATER, SEWER, SOLID WASTE, HOUSING CONSORTIUM –

Councilmember Hatch had no items to report.

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

Councilmember Bayless asked Mayor Acerson if he had had an opportunity to invite residents to participate on the Historical Preservation Commission or the Planning Commission. Mayor Acerson has not yet met with individuals to discuss these positions.
Councilmember Bayless noted that she has received five applications for teaching grants which are awarded by the City. She observed that the closing date for applications is January 27, 2006. Councilmember Bayless asked Mr. Dameron if it would be appropriate to award grants to those who have already submitted applications. Mr. Dameron stated that no grants should be awarded until after the January 27 closing date.

PUBLIC SAFETY, COURT, BUILDING INSPECTIONS –

Councilmember Bath observed that the traffic light on 700 North is now functioning. He inquired as to when leaves would be picked up as part of the City Leaf Away program. Mr. Dameron will clarify pick up days with Public Works Director, Don Peterson. Councilmember Bath inquired as to whether the owner of the property recently annexed on the west side of the City is dedicating his part of the roadway. Mr. Dameron indicated that a roadway area is being provided by the property owner along his frontage.

PARKS, RECREATION, ENGINEERING, LINDON FAIR, NEWSLETTER –

Councilmember Anthony reported on projects being addressed by the Tree Advisory Board. He stated that the current focus is on making recommendations for trees on 700 North and State Street, as these main corridors have a distinction within the City. Councilmember Anthony commented that the Tree Advisory Board would like to use the $5,000.00 budgeted for tree projects for educational materials for residents, and occasional tree planting as part of Tree City USA designation.
Councilmember Anthony asked for support of the Council in widening of 200 East. He noted that the road has been scheduled for resurfacing, but that work had been postponed due to water service line replacements. Councilmember Anthony observed that a significant portion of the roadway is currently wider with curb and gutter, and other portions are bonded for curb, gutter, and sidewalk improvements. Councilmember Anthony stated that one resident with 140 foot frontage is willing to pay for improvements adjacent to his property. Councilmember Bayless asked if widening of 200 East would be consistent with the street repair schedule. Mr. Dameron stated that the road is scheduled for resurfacing of the existing width, but widening of the roadway is not scheduled. Councilmember Carpenter stated that he would support widening of the roadway in principle, but was not comfortable with approving such projects randomly without any plan which would prioritize projects. Mr. Dameron pointed out that the City does not currently have a policy of widening streets, and such projects would be a change in the current direction of the City. He noted that street widening is usually completed by developers as development occurs in various areas. Councilmember Carpenter commented that if a system was in place to prioritize projects, 200 East would likely be a project that would be completed. Councilmember Hatch commented that the City may want to consider sidewalks where a safety concern may exist, especially for school children walking to school. However, he is not in favor of installation of sidewalks City wide. Mayor Acerson suggested that that City may want to consider adoption of a plan which would prioritize projects within a budgetary limit. Councilmember Bayless agreed that some plan should be in place which would prioritize projects. She felt that a precedent may be set if the 200 East project alone is completed at this time. Councilmember Carpenter stated that a prioritized plan may be consistent with some recommended changes to the General Plan for street widening projects in some areas. Mr. Dameron mentioned that it may not be possible to obtain asphalt for road projects until spring due to current weather conditions. Mayor Acerson suggested that the Council explore the possibility of a prioritized plan for street widening and address specific projects in the spring. Councilmember Anthony expressed disappointment that the project could not be completed at this time.
Councilmember Anthony will meet with Linda Nelson and Nancy Zundel to attempt to come to a consensus regarding the 2006 Lindon Days Celebration, which was chaired by Ms. Nelson and Ms. Zundel in 2005. Ms. Zundel was present at the meeting, and stated that she is willing to accommodate the direction of the Council for the celebration. Ms. Zundel would like to begin preliminary preparations in January for the 2006 celebration.

GENERAL PLAN, STREETS & SIDEWALKS, PUBLIC BUILDINGS –

Councilmember Carpenter had no items to report.

ADMINISTRATOR’S REPORT –

Mr. Dameron reported on the following items:
1. Engineering coordination meeting will be held November 16 at noon.
2. The City Christmas Party will be held at UVSC on Friday, December 2, at 6:30 p.m..
3. The Council reviewed the project tracking list. Councilmember Hatch asked if the flood plain ordinance change would be reviewed by the Council. Mr. Dameron stated that it would be reviewed by the Council.
4. URMMA training materials on ethics were distributed.
5. The Dan Jones survey is completed. Results will be presented at the regular City Council meeting on December 20th.
6. The Code Enforcement Officer, Gary Hoglund, will submit a report monthly for Council review. Councilmember Bath asked if the parking problem on 630 East is being addressed. Mr. Dameron stated that Mr. Hoglund is addressing that particular problem.
7. The Council reviewed the Recreation Task Force report. One option discussed by the Recreation Task Force is to create a recreation coalition which would allow residents who purchase memberships to the facility in their city to have use of facilities in other cities as well.

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

ADJOURN –

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE MEETING AT 10:37 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. APPROVED – December 6, 2005



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Ott H. Dameron, City Administrator/Recorder



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Jeff Acerson, Mayor



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