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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2002 Council Minutes » April 16, 2002
April 16, 2002

The Lindon City Council held a regularly scheduled meeting, beginning with a Work Session at 6:00 P.M. on Tuesday, April 16, 2002, in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.


Conducting: Larry A. Ellertson, Mayor


PRESENT

Larry A. Ellertson, Mayor
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk ABSENT

H. Toby Bath, Councilmember
Jeff Acerson, Councilmember

The Meeting began at 6:21 P.M.


WORK SESSION

The Mayor and Council will meet in a work session with the Finance Director, Kristen Colson, to discuss budgetary issues and concerns for fiscal year 2002-03.

Financial Director/Treasurer Kristen Colson presented the financial information and preliminary budgetary concerns for the new fiscal year. She directed the Council’s attention to the first graph in her handout that depicted the debt service payments over the next few years. She noted that two items are not showing in the graph. These are the Municipal Building Authority(MBA) I-15 right-of-way bond and the CUP obligation for 925 acre feet of project water. The reason that they do not appear is that the MBA bond will be paid off with the funds from the State of Utah for the 700 North improvements and the CUP obligation for water has no payback details. The Council discussed the CUP obligation. It was noted that the City has until 2008 to make the decision whether or not to purchase the water at that future value on a 40-year payback provision. Ms. Colson estimated the current value of the water at $7.4 million. Mayor Ellertson suggested that footnotes in the budget notes to that effect may answer questions in the future. The Council discussed the payoff on the RDA State Street bond and future plans for State Street. Ms. Colson informed the Council that the early payoff saved the City about $31,000 in interest expense. She noted that the SID 90-1 would also be paid off this year in August.
Ms. Colson directed the Council to the next graph that showed the debt payment by fund. Councilmember Dain commented that this was the same information presented another way. Ms. Colson agreed. She commented on the final graph which showed the debt payments for the General Fund. She noted that the park purchase fund will be paid off in 2005. Mr. Dameron observed that the Municipal Building Authority bond for the construction of the City Center will be paid off within 10 years from the commencement date. Councilmember Dain commented that it has been nice that the financial status of the City has allowed for an accelerated payoff of these obligations, including the payoff of the City Center within the next five years, and still allow additional purchases like the fire station and the park properties. Mr. Dameron informed the Council concerning the park properties. He reported that the Sant home has been rented and the Wilson home will be listed for rent by May first. There was discussion of the cost of the improvements to the Wilson home and the rents that will be collected on each home. Councilmember Dain asked if the last homeowner had been approached about selling his home for inclusion into the park boundaries. Mr. Dameron replied that he had not yet talked with them personally.
Ms. Colson asked if there were any questions on the debt obligations. There were none. She directed the Councilmembers’ attention to the Financial Overview and Forecast. She noted that the projected estimates for the remainder of fiscal year 2001-2002 are conservative. Mayor Ellertson commented on the loan for the Geneva Park purchase. Mr. Dameron explained that this loan was initially thought to be structured as a three year loan, but a five-year term was more appropriate. He added that there is no debt on the Public Works building and that these payoffs have been possible because of the upward economy. Mayor Ellertson agreed and commented that the monies used for these purposes are funds the City does not want to become dependent on because if the economy downturns, these funds will no longer be available. Ms. Colson agreed and then commented that it is hard to gauge the collection of property taxes. She noted that Utah County estimates the collection rate at about 98% although that has gone down with the economy slowing. She reported that collection of sales tax is “looking good,” and directed attention to the new line item of room tax. She reported that this income totals about $110-115 a quarter.
Ms. Colson reported that the income from licenses and permits had gone down. She noted that income from impact fees and the liquor fund allotments are also going down. Court revenue is high due to traffic school. Expenditures are close to the budgeted amount, but legislative expenditures are over just a little for travel and training. She reported that police and fire expenditures are over budget and the government buildings expenditures are over because of the Sant home purchase for park property. The library expenditures are over also because of the newly adopted refund policy. She asked if there were questions. Mayor Ellertson asked what percent of residents have made use of the library refund. The Council discussed the probable number of cards that had been reimbursed. Ms. Colson noted that this figure included the bookmobile payment for last year also. Mayor Ellertson commented that the amount shown could not begin to touch what it would cost the City to have a library and the library would still not be the kind that would fully serve the citizens of Lindon. Councilmember Bayless observed that the reimbursement program promotes literacy and allowed people to choose the library that serves their needs. There was a short discussion on the recreation survey.
Ms. Colson directed attention to the overview of the water fund. She noted that expenditures were high because of the water tank property purchase from the Gappmeyer and Hadley. Mayor Ellertson asked about the sewer fund. Mr. Dameron replied that the budget included use of a portion of the reserve in the sewer fund. Mayor Ellertson noted that the reserves will be used to help fund the sewer extension on the west side of Lindon. There was a discussion on reducing the sewer flow rate to the Orem treatment plant. Mayor Ellertson asked if the tipping fees from BFI would increase this year as they did last year. Councilmember Hatch replied that a raise was being considered. Mayor Ellertson suggested promotion of a recycling program instead of hauling the waste to the East Carbon Disposal Center (ECDC).
Ms. Colson introduced personnel issues to consider for the new budget. She is suggesting a new 3/4 time employee status. She reported that this is a way to increase personnel time without having to pay full benefits. The position would average 6 hours a day or about 30 hours a week and would receive 3/4 of the benefits based on the number of hours worked. She noted that the front desk receptionist position would be a candidate for this new classification. Ms. Colson added that the part time secretary position in the Planning Department was also a candidate.
Ms. Colson next brought up a proposal to include an option for retiring employees to continue their insurance coverage through the City’s Group Plan at their own expense. She reported that the City would have one employee retiring soon. The COBRA insurance is available at a higher premium and is only good for 18 months. This program would allow retirees to pay the city’s premium and be part of the group. Councilmember Dain expressed approval of the suggestion. Mr. Dameron observed that this may help City employees bridge the gap between City-funded insurance and Medicare coverage.
Mayor Ellertson asked if members of the Council can participate in the State Retirement Program. Ms. Colson replied that the program participation is based on the amount earned. She noted that she would look into the program and report back. Mayor Ellertson observed that the Council may want to participate in the insurance like the retirees. Mr. Dameron replied that this subject had been discussed and defeated in a previous budget year. This was discussed. Ms. Colson commented that one disadvantage to including others in the insurance group is that their health problems may drive up the cost of premiums. Mayor Ellertson commented that the retiree group may affect the cost of premiums the most.
Councilmember Bayless asked if health insurance would be going up this year again. Ms. Colson replied that the City has been notified of an increase for this budget year. Mr. Dameron reported that URMMA is looking at providing health insurance for their members. They are quoting a 6% decrease from the 11% proposed increase.
Ms. Colson proposed that other budget issues be a tuition reimbursement program and differential pay for professional certification program. Mr. Dameron commented that these programs will allow the City to provide opportunities for promotion qualification and skills improvement. Mayor Ellertson noted that the City already provided opportunities for training courses. He asked if this would be College-based courses or Schools of Higher Education. It was discussed that this funding would apply to courses that would attain a degree as opposed to a training course and be specifically related to the minimum qualifications of a “reasonable” transfer or promotion. It was decided that specific details be more defined for further consideration. Mayor Ellertson thanked Ms. Colson for her presentation. Mr. Dameron noted that the budget work sessions would be set at the next meeting.



REGULAR SESSION

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Jerald Hatch
Invocation: Jim Dain

PRESENT ABSENT

Larry A. Ellertson, Mayor Jeff Acerson, Councilmember
Lindsey Bayless, Councilmember H. Toby Bath, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk


The Meeting began at 7:20 P.M.

MINUTES

Review of the Minutes of April 2, 2002.

The minutes of the regular meeting of April 2, 2002 were reviewed. The following corrections were made:
Page 2, Line 9,10: Move the phrase “and 200 East from 400 North to 800 North” from the end of the sentence to after the word “Street.”
Page 2, Line 26: Replace the words “pressurization station” with the words “pressure reducing station.”
Page 2, Line 27: Replace the words “pressurization station” with the words “pressure reducing station.”
Page 2, Line 30,31: Add the phrase “Lindon has had discussion with” before the word “Pleasant.” Replace the phrase “is planning an extension of the park” with “of a possible joint park.”
Page 3, Line 34: Replace the name “Mike” with the name “Mark.”
Page 4, Line 2: Replace the word “wait” with the phrase “delay in the start of the Council meeting.”
Page 4, Line 19: Replace the words “be held” with the phrase “begin but no action taken.”
Page 4, Line 41: Replace the word “also” with the words “as well.”
Page 5, Line 17: Add the phrase “west of Geneva Road” after the word “North.”
Page 5, Line 24: Replace the word “parking” with the word “landscaping.”
Page 5, Line 35: Add the phrase “if they desire until further development occurs” after the word “owner.”
Page 6, Line 32: Add the name of Mr. Christensen’s “Bible,” “A Policy on Geometric Design of Highways and Streets,” after the word “design.”
Page 7, Line 42: Replace the word “Cities” with the word “City.”
Page 8, Line 5: Replace the word “involve” with the word “involves.”
Page 8, Line 7: Replace the words “City owns” with the phrase “member cities will own.”
Page 8, Line 8: Replace the word “is” with the word “are.”
Page 8, Line 20,21: Replace the words “City books” with the phrase “member cities’ balance sheets.”
Page 8, Line 23,24: Replace the phrase “agreed to for becoming” with the phrase “necessary in order to become.”
Page 8, Line 34: Replace the word “for” with the words “peculiar to.”
Page 11, Line 24: Add the number “7” after the year “2002.”
Page 12, Line 34: Replace the word “to” with the word “for.”
Page 13, Line 10: Add the phrase “in the Conference Room” after the date “April 4.”
Page 13, Line 23: Add the word “water” after the word “secondary.”
Page 13, Line 32: Replace the word “for” with the word “to.”
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 2, 2002 AS CORRECTED. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


OPEN SESSION - Citizens comments

Mayor Ellertson commented that he would like to hold this option open for someone to come later in the meeting if necessary.


MAYOR’S COMMENTS AND REPORT

Mayor Ellertson reported that there was nothing new to report. He is still working on the same things that are still in the process. He informed those present that he had just returned from the Utah League of Cities and Towns Conference in St. George, where many important issues were discussed and much had been learned by those in attendance.


CONSENT AGENDA

1. Agreement - UTOPIA - Consortium of Cities for Installation of Fiber Optic Cable.

Mayor Ellertson observed that there was one item on the consent agenda. He noted that there were members of the Council that had expressed a desire to discuss this further. He commented also that he would feel more comfortable about this agreement if there were more members of the Council present to vote on it. Councilmember Hatch had a question about eminent domain and public utilities.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THIS ITEM TO THE NEXT REGULARLY SCHEDULED MEETING ON MAY 7, 2002 FOR REVIEW AND ACTION THEN. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


CURRENT BUSINESS

1. Public Hearing - Ordinance Amendment - Alternative Street Cross Section Design. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 17.32.120(6)(e) - Streets - of the Lindon City Code. This amendment, which has been discussed several times over the last few months, will allow more flexibility for street design by the Planning Commission and City Council.

COUNCILMEMBER HATCH MOVED TO OPEN ALL FIVE PUBLIC HEARINGS SCHEDULED ON THIS AGENDA. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Smith introduced this item and commented that the Council has discussed this previously. He observed that this ordinance amendment is an effort to try and give flexibility in street design to the Planning Commission and City Council. Mr. Smith commented that it is hard to identify where this flexibility may be needed in advance, so this amendment clarifies that individual circumstances are considered on a case by case basis. The Council will receive recommendations from the Development Review Committee (DRC) and Planning Commission on these alternate street cross section proposals. Mayor Ellertson asked if the language in the ordinance is adequate to allow the Council to consider swales. Mr. Smith replied that this amendment allows the consideration of any modification, including swales. It includes the consideration of anything different from the basic standard in the land development book.
Councilmember Bayless noted that the Planning Commission’s concern was that the ordinance should allow leeway without appearing arbitrary and capricious. She observed that specific conditions need to be identified and enumerated. Mr. Smith agreed and noted that in the past, there has been a dearth of records that clearly identify the findings of the DRC, Planning Commission and Council.
Mayor Ellertson asked if the recommendation will necessarily be positive. Mr. Smith replied that the DRC or Planning Commission may decide to recommend denying an application for modification. Mayor Ellertson asked the procedure if the Council initiates a modification. Mr. Smith replied that the Council can then direct the DRC and Planning Commission to review the project and make a recommendation. Mayor Ellertson expressed concern on a delay in the progress of a project in this scenario. Mr. Smith agreed that this could be perceived as a problem. He noted that the City Engineer should have input before a decision is made on a modification. Mayor Ellertson suggested that the recommendation be limited to just the DRC. If a serious modification is needed and it is determined necessary by the DRC, then the Planning Commission could review and make a recommendation also. Mr. Smith commented that a disclaimer could be added to the DRC application.
Mayor Ellertson expressed the opinion that he likes the idea of fostering creative solutions. Councilmember Bayless noted that if a different cross section works particularly well, then it may be used in another development. Mr. Smith added that if there is a very clear record of why the cross section was used in the first development, the same conditions can be used to require the cross section in another development. Mayor Ellertson asked if there was public comment. There was none.
COUNCILMEMBER BAYLESS MOVED TO APPROVE ORDINANCE 2002-8 TO AMEND SECTION 17.32.120(6)(e) OF THE LINDON CITY CODE TO ALLOW THE “STANDARD STREET CROSS SECTION AND UTILITY LOCATIONS” AND “THE STREET AND TRAIL CROSS SECTION AND UTILITY LOCATIONS” TO BE AMENDED, CHANGED, ALTERED AND/OR REVISED BY THE LINDON CITY COUNCIL WHEN DEEMED IN THE BEST INTEREST OF THE GENERAL PUBLIC TO RESOLVE PRESENT OR ANTICIPATED CONFLICTS AS IDENTIFIED BY THE CITY COUNCIL. COUNCILMEMBER DAIN SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH ABSENT
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A VOTE OF 3-0 (TWO ABSENT).


2. Public Hearing - Ordinance Amendment - Zoning Districts. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 17.40 - Zoning District Establishment - of the Lindon City Code. This amendment will update the Code to correspond to zoning districts adopted as part of the recently adopted General Plan for Lindon City.

Mr. Smith commented that this ordinance amendment is a simple housekeeping ordinance. Section 17.40 of the Lindon City Code establishes the zoning districts and was out of date. It will now list the current zones and overlays that are part of the currently adopted zoning map. The changes were noted and discussed. Mayor Ellertson asked if there was any public comment. There was none.
COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2002-9 AMENDING SECTION 17.40 - ZONING DISTRICT ESTABLISHMENT- OF THE LINDON CITY CODE TO CONCUR WITH THE CURRENTLY ADOPTED LINDON CITY ZONING MAP. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH ABSENT
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A VOTE OF 3-0 (TWO ABSENT).


3. Public Hearing - Ordinance Amendment - Personal Wireless Telecommunications Facilities. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 5.07.060(2) - Personal Wireless Telecommunications Facilities - of the Lindon City Code. This amendment will allow terms for removal of cell towers to on a lease-by-lease basis.

Mr. Dameron commented that this amendment is a suggestion from the City Attorney. He explained that this puts the terms and conditions of removal of a cell tower in the lease as a negotiable item rather than a concrete procedure in the City ordinances. Councilmember Dain asked if it replaces or changes the language in the current ordinance. Mr. Dameron replied that Section 5.07.060(2) will be repealed and replaced with the amendment. There was a discussion on how this ordinance may affect previously negotiated contracts with telecommunications companies. Mayor Ellertson asked if there was public comment. Mr. Harlow Clark, newspaper representative, asked if the current ordinance was pro-Verizon. This was discussed and it was disclosed that Verizon has suggested some wording in their proposed contract, but rather than codifying this clause, the City Attorney has suggested this generic clause as a better alternative. There was no further comment from the public.
COUNCILMEMBER HATCH MOVED TO APPROVE ORDINANCE 2002-10 AMENDING SECTION 5.07.060(2) OF THE LINDON CITY CODE TO ALLOW TERMS FOR REMOVAL OF CELL TOWERS TO BE NEGOTIATED ON A LEASE BY LEASE BASIS. COUNCILMEMBER DAIN SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH ABSENT
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A VOTE OF 3-0 (TWO ABSENT).


4. Public Hearing - Ordinance Amendment - Deep Lots. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 17.32.320 - Deep Lots - of the Lindon City Code. This amendment will clarify the purpose and intent clause of the deep lot ordinance.

Mayor Ellertson commented that the Planning Commission continued this item to their next meeting. He suggested that the Council may want to continue it also to receive the Planning Commission’s recommendation. He asked if there was public comment. There was none.
COUNCILMEMBER DAIN MOVED TO CONTINUE THE PUBLIC HEARING TO CONSIDER AMENDING SECTION 17.32.320 - DEEP LOTS - OF THE LINDON CITY CODE TO CLARIFY THE PURPOSE AND INTENT OF THE DEEP LOT ORDINANCE TO THE NEXT REGULARLY SCHEDULED MEETING ON MAY 7, 2002. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED 3-0 (TWO ABSENT).


5. Public Hearing - Standard Land Use Table Amendment. The City Council will hear public comment and possibly act to approve an ordinance which changes Appendix A - Standard Land Use Table - of the Lindon City Code. This change in the table would consider “general auto repair” as a conditional use in all industrial zones and not permitted in all other zones.

Mr. Smith commented that Standard Land Use number #6417 General Auto/Vehicle Repair was inadvertently left out of the Standard Land Use Table when it was adopted recently. This provision needs to be added. He commented that he remembers the Commission and Council talking about making this use “not permitted” in the general commercial zone and “conditional” in the industrial and mixed commercial zones. The intent was to limit auto repair businesses on State Street and in the Home Depot area.
Mayor Ellertson expressed a concern that the City is being too restrictive. Councilmember Bayless disagreed. Councilmember Dain commented that of the current auto repair businesses on State Street, some are struggling with their appearance. Mr. Smith agreed, but noted that auto repair uses have historically struggled with aesthetic issues.
Councilmember Dain brought up his previous argument that if this use is not allowed in the general commercial zone, why should it be allowed in the more aesthetically restrictive mixed commercial zone. Mr. Smith explained that although the mixed commercial zone is more restrictive aesthetically, it is more liberal in the uses allowed there. It includes uses that are low intensity light industrial, research and business, and commercial types. Mayor Ellertson commented that the auto repair use relies on exposure for their success. Mr. Smith replied that, for this reason, he encourages them to look at Geneva Road. Mayor Ellertson asked if there was any public comment. There was none.
COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2002-11 AMENDING APPENDIX A - STANDARD LAND USE TABLE OF THE LINDON CITY CODE TO INCLUDE STANDARD LAND USE NUMBER 6417 - GENERAL AUTO/VEHICLE REPAIR AS A CONDITIONAL USE IN THE INDUSTRIAL AND MIXED COMMERCIAL ZONES AND NOT PERMITTED IN ALL OTHER ZONES. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH ABSENT
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A VOTE OF 3-0 (TWO ABSENT).

COUNCILMEMBER DAIN MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


6. Review and Action - Development Agreement. This is a request by planning staff and Leonard Lee, developer for Timpanogos Academy, Plat “A,” for the City Council to review and approve a development agreement which will govern and regulate the types of land uses allowed on the commercially zoned lots which are part of the referenced plat.

Mr. Smith commented that one of the conditions of approval of the Timpanogos Academy Plat “A” was a development agreement that would restrict the uses on the three lots to those that would be more compatible with the surrounding residential and educational uses. He noted that the Planning Commission suggested that 0301 Fireworks Stands and 6515 Veterinary Services, Animal Hospitals, & Kennels & Runs be eliminated from the agreement. Mr. Smith commented that most of the uses listed are service related, although some are retail uses. He asked if the corresponding wholesale uses should be added.
Mayor Ellertson commented that the intent of the development agreement is to restrict vehicle traffic. He suggested that wholesale warehouses may not be appropriate because of the truck traffic incidental to these uses. Mr. Lee agreed. Mayor Ellertson asked Mr. Lee if he was comfortable with the agreement as it is written. Mr. Lee expressed agreement. Councilmember Dain asked about applications for uses that are not on this list. Mr. Smith replied that if the use is listed in the Standard Land Use Table and is not on this list, it will not be permitted. If the use is not listed in the Standard Land Use Table, the compatibility standard will apply. Mayor Ellertson asked if there were other issues. There were none.
Mayor Ellertson questioned entry 8100-All Farms, Ranches & Orchards. He felt that a cattle or pig operation would not be compatible. Mr. Lee pointed out that the property had been an orchard up to this point in time. Mr. Smith suggested that the entry be changed 8200- Agricultural Related Activities: Commercial production - Large Scale. After discussion, Mayor Ellertson commented that the animal ordinance would preclude a problem such as he had envisioned. He asked if there were other questions. There were none.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN LINDON CITY AND LEONARD LEE FOR TIMPANOGOS ACADEMY PLAT “A” WITH THE REMOVAL OF 0301 - FIREWORKS STANDS AND 6515 - VETERINARY SERVICES, ANIMAL HOSPITALS, KENNELS & RUNS AS RECOMMENDED BY THE PLANNING COMMISSION. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


7. Review and Action - Hollow Park Design. This is a request by staff and the Hollow Park Citizens Advisory Committee to approve the final design of the Hollow Park at approximately 300 East 400 North. The plan has been under design for the last several months.

Mr. Dameron commented that the Hollow Park Citizens Advisory Committee met last week and made no changes to the Hollow Park plan presented here. Mayor Ellertson verified that a restroom was located between the pavilions. Tennis courts were discussed. Mayor Ellertson asked the frontage of the parcel on 400 North. Councilmember Dain replied that it appeared to be about 100 feet. Mayor Ellertson confirmed the setback distances on the home for the disabled that is planned for the entrance area. Councilmember Dain asked about putting curb and gutter on 400 North since there was none on this block. It was discussed and determined that the curb and gutter is usually bonded for and the decision was made to leave the shoulder as is until the street is improved. The fences around the park and the name of the pond were discussed. Mayor Ellertson asked about the previous improvement of an amphitheater. Mr. Dameron disclosed that the park committee had eliminated that item in one of their meetings. There was a discussion on the time table of the improvements. Mr. Dameron disclosed that the parking lot, path and entry road would be put in with the disabled home. Phase Two will be the grass. He noted that the improvements will be phased in over a period of three to five years. Mayor Ellertson asked if there was further discussion. There was none.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE FINAL DESIGN OF THE HOLLOW PARK AT APPROXIMATELY 300 EAST 400 NORTH AS PRESENTED. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


8. Review and Action - Pheasant Brook Park Design. This is a request by staff and the Pheasant Brook Park Citizens Advisory Committee to approve the final design of the Pheasant Brook Park at approximately 500 North 800 West. The plan has been under design for the last several months.

Mr. Harlow Clark commented that the Pheasant Brook Park is bigger than Hollow Park. Mr. Dameron concurred and noted that Pheasant Brook Park is eight acres and Hollow Park is four acres. Mr. Dameron reported that the Pheasant Brook Park Citizens Advisory Committee has approved the final design with no changes. Councilmember Hatch expressed concern over designing in future expansion for the Little League Baseball Fields. He suggested that the restroom be moved to allow for possible future expansion. Councilmember Dain agreed. He observed that the future expansion may not show in this design, just that the option is kept open so the restroom will not have to be removed to allow for it. An additional property purchase that would have to happen to allow the expansion as envisioned was discussed. Mr. Dameron suggested that the Council may want to meet with the Committee members to discuss this. Councilmember Hatch also expressed a concern about the lighting. The time table for the improvements in Pheasant Brook Park was discussed as also being on a three to five-year time table.
COUNCILMEMBER DAIN MOVED TO CONTINUE THE FINAL DESIGN APPROVAL FOR PHEASANT BROOK PARK. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


9. Review and Action - Water Carriage Agreement with the Central Utah Water Conservancy District. This is a request from staff and the Mayor for the City Council to ratify the referenced agreement. This agreement assures the provision of water through the Alpine Reach 3 Aqueduct as an alternate method of receiving water for the city’s secondary water system. The temporary agreement, which was approved by the Council, ran through December 31, 2001 and this is the permanent agreement.

After discussion, COUNCILMEMBER DAIN MOVED TO APPROVE THE WATER CARRIAGE AGREEMENT WITH THE CENTRAL UTAH WATER CONSERVANCY DISTRICT FOR THE PROVISION OF SECONDARY WATER THROUGH THE ALPINE REACH 3 AQUEDUCT. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


CITY COUNCIL REPORTS


WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain asked the status of the Pleasant Grove High School Senior Project donation. Mr. Dameron replied that he had received a request to help judge the projects but no donation request. Councilmember Dain verified the Open House and Dedication for the new Fire Station on May 9, 2002 at 7:00 p.m. He discussed briefly the possibility of a horse ride on the perimeter of the forest service purchase. He announced that the secondary water system is charged. Conservation enforcement issues were discussed briefly. Councilmember Dain mentioned that signs are needed near the mouth of Dry Canyon about motor vehicle use and camping.


SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch noted that a council resolution is needed to allocate the funds for the disabled home. He presented a pamphlet about the Housing Consortium. The programs were discussed.


TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless asked when the pathway striping would be done. Mr. Dameron replied that he was not sure.


STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath was excused.


PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER

Councilmember Acerson was excused.


ADMINISTRATOR’S REPORT

Mr. Dameron:
1. Asked the Council if there was an application of the project tracking list that they would like to see. There was none. Councilmember Bayless commented on the McOmber project.
2. Announced that an Engineering Coordination meeting will be held April 22, 2002 at 11:30 a.m.
3. Informed the Council that two Public Hearings are scheduled for May 7, 2002 to hear the deep lot ordinance and to declare some property as surplus.
4. Discussed the approval of an appointment to the Board of Adjustment. Mr. Dean Blackhurst has asked to be replaced. Mayor Ellertson has interviewed and recommends Mr. Jeff Southard as his replacement. The Council approved the appointment of Mr. Southard to the Board of Adjustment.
5. Noted that Anit-Violence Training is scheduled for May 21, 2002 at 6:00 p.m. City Attorney Gordon Duval and Chief Ferre will conduct the training.
6. Asked the Council’s opinion about putting a vinyl two-rail fence from the corner of 60 North and Main Street to the front of the fire station. The Council decided that it would be better to leave the area open rather than have a fence.
7. Asked for the Council’s suggestions for a new representative for the City on the North Union Canal Board. He informed the Council that City Engineer Dave Thurgood has been the City’s representative on the North Union Canal Board for several years and has been the President of the Board for the last three or four years. He noted that this responsibility has increased Mr. Thurgood’s stress level and wondered if this could be handled by someone else. Councilmember Dain commented on the time commitment that the responsibility would entail and suggested that Public Works Director Don Peterson be considered. Mr. Dameron said that Mr. Peterson expressed concern that the City would then be expected to be responsible for the maintenance of the canal rather than the board itself. Mayor Ellertson confirmed that the representative needed to be a resident of Lindon. Mr. Dameron noted that it is a strictly volunteer position and asked the Councilmembers to consider the matter until the next meeting.
8. Informed the Council that the Canberra plats would not need to be reconsidered.
9. Asked Councilmember Hatch about Lindon residents receiving free dumping of green waste like Orem residents at the transfer station. Councilmember Hatch replied that the free offer was a mistake by the City of Orem and all green waste will be charged for at the transfer station. He noted that residents can take their green waste to Timpanogos Special Service District for free disposal.


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


COUNCILMEMBER HATCH MOVED TO ADJOURN AT 9:06 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


APPROVED - May 7, 2002



_______________________________________
Ott H. Dameron, City Administrator/Recorder




_______________________________________
Larry A. Ellertson, Mayor


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