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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2001 Council Minutes » April 17, 2001
April 17, 2001
The Lindon City Council held a regular meeting on Tuesday, April 17, 2001 beginning at 6:00 P.M. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Mayor Ellertson
Invocation: Jeff Acerson
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
ABSENT
Lindsey Bayless, Councilmember
Toby Bath, Councilmember
WORK SESSION
The City Council will hear a presentation on the CERT Program (Citizen Emergency Response Team) by Mark Hales, Fire Chief, and Ross Wright, Lindon’s coordinator for this program.
Sherri Atwood of the Pleasant Grove/Lindon Public Safety Department described the Citizen Emergency Response Team Program to the City Council. She passed out a pamphlet and characterized the program as beneficial, though time-consuming. She told the Council that the 7-week disaster response training course is taught by certified instructors. Ms. Atwood described the 7-module curriculum as written by the Federal Emergency Management Agency and consists of training in fire suppression, medical triage and first aid, search and rescue, sizeup of damage, disaster psychology and team organization. The final class is a course review and mock disaster scene with a follow-up critique. The course cost is $25.00 per person. Each class has a maximum of 25 people and is held 3 times a year.
The citizens who complete the class are organized into 7-10 member teams. There are presently 3 teams in Lindon. Ms. Atwood presented the Council with a list of the teams and their members. The next course in May was discussed. The funding for class supplies and compensation for instructors was discussed. The course fee was disclosed to be a method of ensuring commitment to the program rather than reimbursement of costs. Councilmember Acerson suggested a refund upon completion of the course. The ramifications of this suggestion were discussed. Mayor Ellertson asked which predominant age group participates in the training. Fire Chief Mark Hales replied that a broad spectrum of age groups is represented in the city teams. Councilmember Dain asked about including residents in teams who had received previous training. He knew of two Lindon residents who had received CERT Training at BYU. It was suggested that a notice be added to the Lindon City Utility Bill asking residents to call the City if they have completed the CERT Training.
Mr. Hales and Mr. Wright told the Council that the teams had asked for involvement in City activities. Mr. Hales suggested that the CERT teams be involved in the Lindon Days Celebration directing traffic to parking, or other public exposure that would advertise the existence of the teams. He also discussed setting up disaster drills for refresher training.
Mr. Hales presented the Council with the organizational plan to integrate the CERT Teams with the Pleasant Grove/Lindon Public Safety and Emergency Response Department. Mayor Ellertson thanked Mr. Hales for his presentation and asked where the City could help. Mr. Hales and Mr. Wright suggested that regular communication between the City, the Public Safety Department and the Team Leaders should be continued. Mr. Wright suggested also that the City Building may be a central place to hold Team Meetings. He asked for names of key personnel within the City for liaison purposes. The Council concurred to use the City Center for this purpose. Mr. Wright was asked to contact Teresa Newman at the City Offices to schedule a room. Mayor Ellertson expressed concern that the City not take ownership of the program, only be supportive of the community effort. Mr. Wright agreed and told the Council that the City could help with a meeting location, funding, storage of supplies, and a communications center. Emergency Kits were discussed. Mayor Ellertson suggested integration of the CERT Program with the Neighborhood Watch Program. Mr. Hales agreed and told of a similar integrated program in Oklahoma that had responded to the tornado devastation. He felt that the Neighborhood Watch, the 3-Step, and the CERT Programs would work well together.
REGULAR SESSION
The meeting began at 7:19 P.M.
MINUTES
Review of the Minutes of April 3, 2001.
The review of the minutes of the regular meeting of April 3, 2001 was held. The following corrections were made:
Page 3, Line 13: Delete the “d” at the end of the word “moved.”
Page 3, Line 28: Add the phrase “resolving issues of open space and/or” before the word “developments.”
Page 9, Line 14, 15: Replace the words “confirmed that” with the words “asked if.” Replace the word “different” with the word “significant.”
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 3, 2001 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments
Eric Smith of 33 N 1200 E., presented a proposal for a Charter School to be started in Lindon. He explained that the legislature had recently passed a measure to allow Charter Schools under the aegis of either the School District or the State School Board. As a trustee of the Timpanogos Academy Foundation, he requested the City Council for a letter of recommendation to the School Board. He described the process of applying for a Local and/or State Charter. Mayor Ellertson asked about the possibility of the local School Board denying the application. Mr. Smith indicated that the possibility was high, but the application could be redirected to the State School Board. He told the Council that the competition was fierce because there were only 4 charters issued each year.
Mayor Ellertson asked the enrollment potential. Mr. Smith replied that the school would have 350 seats in the K-6 grades. He commented that they currently had a waiting list of 497 children. Councilmember Dain asked about the criteria for admittance. Mr. Smith answered that the enrollment was conducted on a “first come, first serve” basis until full, then a lottery is held on the waiting list to fill vacated seats, with preference given to siblings.
Mayor Ellertson asked how the Alpine School District was benefitted by granting this application. Mr. Smith indicated that the School Board would received a percentage of any federal grant funding that may be awarded to the school. The District would also not have the burden of construction and maintenance of the building. They would not have the encumbrance of providing space in their overcrowded schools for 350 children, and they could learn from and adopt the innovative methods pioneered by the Charter School.
Mr. Smith presented the Council with a copy of their application and operating plan to review. Mayor Ellertson told Mr. Smith that they would look at the literature and let him know their decision. Mr. Smith thanked the Council for their time.
John Atchison, 474 N 575 W., told the Council that he had consented to be the Lindon Days Chairperson. He wanted to address the Council and respond to a letter from the Lindon City Treasurer about money and application collection. He indicated that there were two events, which traditionally had been held in conjunction with Lindon Days, that were privately-sponsored. These are events sponsored by the local 4-H chapter and a riding club. He told the Council that the sponsoring parties were not willing to relinquish their sign-up and collection to the City Offices. Mayor Ellertson verified the events and their sponsors. Mr. Dameron explained that this letter was in response to an observation by the City Auditor. Councilmember Hatch explained that the 4-H event was used as a fund-raiser for this program. Mayor Ellertson asked if the only City involvement in these events was to add them to the calendar of events. Mr. Dameron disclosed that the events were conducted in City facilities. Ginger Romriell, past chairperson of Lindon Days, told the Council that the City had traditionally provided the neckerchiefs also. After discussion, the Council approved the operation of these events separately from the city-sponsored activities for Lindon Days.
Mr. Atchison suggested some new events for the Lindon Days Activity Calendar. His plan is to involve more teenagers in the Celebration. He proposed adding a mountain bike race, a 3-on-3 basketball tournament, a dutch-oven cookoff, and a city-sponsored food booth at the fair. He was encouraged in his plans and asked to make sure that servers in the food booth had food handlers permits. Mayor Ellertson mentioned having the CERT Teams involved in the Lindon Days preparations.
Mr. Atchison mentioned that a performing group, which he would like to include in the Fireworks and Concert in the Park, may not be able to perform on the last Saturday of the week-long Celebration. He suggested moving the Concert to the first Saturday. Councilmember Dain mentioned that the Fireworks display could be used to kick-off the Celebration instead of as a Finale. Mayor Ellertson mentioned a group that had indicated to him they would like to be involved in the Dinner/Dance. Mr. Atchison told the Council that he would like to include a Hypnotist Show on the last Saturday. The Hypnotist sidelined as a DJ and could work up a program for the Fireworks Display. Mayor Ellertson commented that he personally did not prefer to have a performance during the Fireworks. Mr. Atchison asked about a Lindon Fair Days website. Harlow Clark, newspaper representative for the New Utah, suggested a Cowboy Poetry Contest. The dedication of the Pioneer Home during Lindon Days was verified.
MAYORS COMMENTS/REPORT
Mayor Ellertson distributed copies of the new Trails Map produced by the Mountainlands Association of Governments. He noted that the map included existing trails only and commented that if they had waited a year, Lindon would have more trails on the map.
He observed that although the last two weeks had been wet, water conservation efforts should still be encouraged. He asked residents of Lindon to follow the recommendations mailed to them from the City and noted that water would be turned into the secondary system before the end of the month.
Mayor Ellertson asked for suggestions that would generate participation of Lindon residents in the 2002 Olympic events. He requested that any ideas be phoned to the City Offices during business hours. Councilmember Acerson suggested hosting a “sister city.” The idea was discussed briefly.
Mayor Ellertson mentioned that he was serving on a committee to consider transit planning in the county. He welcomed any ideas, suggestions, or thoughts on mobility. He asked that input be called to the City Offices. He commented that these ideas would be considered at a “Community Partners for General Urban Mobility” conference tentatively scheduled for September. He asked if members of the audience had any questions for him. There were none.
CONSENT AGENDA
1. Revised Lindon City General Plan - Public hearings have been held on January 16, February 6, February 20, March 6, March 20, and April 3, 2001 for review of the revised city General Plan. On April 3, 2001 the City Council approved the General Plan with minor corrections. The final plan with the corrections is presented here for a motion to approve.
Mayor Ellertson recommended that this item be moved to the regular agenda for discussion. After discussion, COUNCILMEMBER DAIN MADE A MOTION TO MOVE THE REVISED LINDON CITY GENERAL PLAN TO THE REGULAR AGENDA FOR DISCUSSION. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CURRENT BUSINESS
1. Revised Lindon City General Plan - Public hearings have been held on January 16, February 6, February 20, March 6, March 20, and April 3, 2001 for review of the revised city General Plan. On April 3, 2001 the City Council approved the General Plan with minor corrections. The final plan with the corrections is presented here for a motion to approve.
Mayor Ellertson directed the Council to the Pathways and Trails Map in the General Plan document. He asked if the Council remembered discussing a trail on 800 North between Locust Ave. and the Murdock Canal. It was noted that this trail had not been included in the map. The Councilmembers agreed that this trail should be added to the map.
The Councilmembers reviewed and approved the addition of item #7 on page 39 which deals with the encouragement of trails and pathways construction in subdivisions and neighborhoods. Mayor Ellertson also suggested the addition of the current population to page 6. Note was taken of the addition of #7 to page 35. It was suggested that the word “considered” be added here. The Council concurred. Mayor Ellertson asked Planning Director Kevin Smith if a check list for implementation of the General Plan was in place. Mr. Smith listed some zoning changes and new ordinances that would be coming from the Planning Commission. He assured the City Council that a list would be created. Mayor Ellertson read a passage from page 50 and suggested that the General Plan be incorporated into the decision-making process.
COUNCILMEMBER DAIN MOVED TO APPROVE THE REVISED GENERAL PLAN WITH THE THREE CHANGES AS NOTED ABOVE. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Amended Plat - Heritage Court Subdivision. This is a request by Ginger Romriell to amend the subdivision plat for Heritage Court at 400 East Center Street to reflect the changes approved by the Planning Commission on October 25, 2000. The amendments which are requested enlarge the size of two units and changes the location of a driveway. No additional units are being proposed.
Mr. Smith presented the amended plat and reviewed the Planning Commission’s discussion recorded in the minutes attached to the Council Staff Report. He noted the conditions for approval recommended by the Planning Commission. Particular attention was given to condition #2 which requires the property owners of units in Heritage Court to sign a letter of notice which details and approves of the changes made to the plat.
Ms. Romriell was questioned on the changes made to Unit #5. It was determined that the unit faced east, the driveway and garage faced north and a secondary porch and auxiliary entrance would also face north by the driveway. Condition #1 about sound insulation between the garage and living spaces of units #3 and #4 was discussed briefly and acknowledged as a UBC requirement.
COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY GINGER ROMRIELL TO AMEND HERITAGE COURT PLAT “A.” AND CREATE HERITAGE COURT PLAT “B” WITH THE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Discussion - Design Review of Meadows at Bald Mountain. This is a request by Rex Daley and Sam Morgan for clarification of two issues relating to the development of Meadows at Bald Mountain. These issues are the extension of 1200 East Street to the boundary of the subdivision and an amendment to the Hillside Overlay Ordinance to allow site specific grading of two areas within the development.
It was determined that Mr. Rex Daley and City Engineer Dave Thurgood were expected soon. This item was held for their arrival.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain passed along Councilmember Bath’s report on the request for overtime patrolling of 400 East. The Pleasant Grove/Lindon Public Safety Department would post an officer in the area for two weeks and overtime patrolling would not be necessary.
Councilmember Dain reported on the tour and discussion held at the future Fire Station east of the City Center. Mayor Ellertson, Mr. Dameron, Councilmember Dain, Councilmember Bath and Fire Chief Mark Hales had examined the building. They suggested that it was sufficient in size and location to be considered for a permanent location. Mr. Dameron disclosed that the estimate for the new building proposed for across the street was $700,000 and the estimate for the remodel of this existing building was $100,000. Mayor Ellertson asked if the City Council approved of this suggestion. The Council agreed. Mr. Dameron added that since Councilmember Dain had designed the City Center, he would be designing the remodel for this building so the architectural theme of the City Center complex would be consistent.
Councilmember Dain asked about the future of the pump that had been installed on the Cobbley Ditch system. He asked what difficulties would be faced in making that pump operational. Mr. Dameron mentioned the acquisition of real estate for a pond.
Councilmember Dain asked if Jeff Williams had contacted the City about use of the City Council Chamber for a UVSC-class-sponsored mock courtroom. Mr. Dameron replied negatively that no inquiry had been received.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch disclosed that he had been the recipient of a complaint about the cut in the road across 40 South near the 400 West intersection. It has not been fixed yet.
Councilmember Hatch asked if anyone had noticed the cars parked on the lawn at the Utah Auto Sales Overflow Lot. It was discussed that a condition of the contract was that the cars were not to be placed on the lawn at all.
Councilmember Hatch reported that a speaker at the Utah League of Cities and Towns Conference in St George had told him that an amendment could be made to the animal ordinance that would restrict homes being built within a pre-determined distance from an existing barnyard or corral, while that barnyard or corral was being used for agricultural purposes. He suggested this as a means of reducing complaints from non-animal-owning residents. He was asked if the speaker had discussed subdivision restrictive covenants being contrary to city ordinance. Councilmember Hatch replied negatively. Methods of enforcing restrictive covenants were discussed. Mr. Smith disclosed that Councilmember Bayless had requested review of a pilot animal ordinance in West Point, Utah.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless was excused.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath was excused.
PARKS, RECREATION, EMERGENCY MANAGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported that the Easter Egg Hunt was a success. They had distributed 1552 eggs and 50 prizes, and although rain threatened the proceedings, the children had left happy. He was asked to estimate how many had attended. He replied 2-300+. He expressed thanks for the condition of the lawns and for Park Supervisor Dennis Smith coming to open the restrooms.
Mayor Ellertson commented that the organizers of the Provo Freedom Festival had asked if Lindon would like to sponsor an event and make the Festival a County event. He was looking for any ideas the Council might have.
Mayor Ellertson invited discussion on the proposed county-wide emergency response system. The pros and cons of the systems were discussed briefly along with the response from other communities.
3. Discussion - Design Review of Meadows at Bald Mountain. This is a request by Rex Daley and Sam Morgan for clarification of two issues relating to the development of Meadows at Bald Mountain. These issues are the extension of 1200 East Street to the boundary of the subdivision and an amendment to the Hillside Overlay Ordinance to allow site specific grading of two areas within the development.
Mr. Smith asked the Council to give guidance to the developers on two issues. One is whether the Council will require the developer to extend 1200 East to the southeast edge of the property, and the other is whether the Council will consider modifying the Hillside Ordinance to allow the leveling of two knolls within the project area. He informed the Council that the Planning Commission felt that the road should be extended to the property line. He had checked with JUB Engineers on the 1200 East design time-frame. They would have the plans for the 1200 East Collector in about 3 weeks.
Mr. Smith put up pictures of the project area and showed the Council the two knolls that would be leveled. He said that the knolls are not part of a larger slope, which the Planning Commission considered. However, more grading would be needed when homes were built on the lots. The ordinance does not allow this kind of grading and would require an amendment if the City Council considered allowing this to occur. The grading for the roads that cut through the area are already provided for in the ordinance. He read the passage from the Lindon City Code that provided for the road cuts.
Councilmember Dain observed that this request for grading was outside the Hillside Overlay, being below the Salt Lake Aqueduct, and may “soften” the slopes created by grading the roads. Mr. Rex Daley of Bald Mountain Development agreed and told the Council that 1200 East would have some particularly deep cuts. He felt that the proposed grading would “ease” the slopes from the lot level to the road level. The ordinance requirements were discussed. It was decided that if the grading was not allowed, some of the lots may have to be made larger to make room for a buildable pad away from the steeper slopes.
Mr. Smith asked the Council to consider the reasons and rationale for protecting slopes while assessing this request. Councilmember Acerson asked why the top of the knolls should be taken off. Mr. Smith explained that City Engineer Mark Christensen had expressed concern over this action. Councilmember Dain expressed concern over setting precedence. He wondered if other developers would request similar grading if this were allowed. Mr. Smith offered some findings that may preclude the precedence issue. He suggested that this type of grading would only apply to areas outside of the hillside overlay that are not part of a greater hillside. He observed that applying these findings is still problematic.
Mayor Ellertson verified that the northern slope of the knolls were steeper than the south side. Councilmember Dain discussed the steps required in changing the ordinance. Mayor Ellertson asked what the developer’s timetable required. Mr. Daley told the Council that a decision would be needed in 6-8 weeks. Their option expires on June 3rd. Mayor Ellertson observed that since the Council had expressed a general concern about changing the ordinance, and since the developer had such a narrow time frame, changing the ordinance was not probable within the required period. Councilmember Hatch commented that he personally preferred not to change the ordinance, especially since it would probably take more time than the developer had allotted. He felt that the Council had invested a lot of time and effort into the ordinance to consider changing it without careful forethought. Councilmember Dain agreed that the developer should stay with the ordinance as written. Mayor Ellertson concurred.
Mr. Smith brought the discussion back to the extension of 1200 East to the edge of the property. He observed that nothing had been asked of this developer that had not been asked of any other. Mayor Ellertson verified with Mr. Daley where they proposed to end the road and the distance remaining to the property edge. Mr. Daley offered to trade the remaining three acres to the City in lieu of a bond for the road. Mayor Ellertson questioned the value of the land to the City. He pointed out a disadvantage was that the land lay on the extreme north boundary of the city so could not be considered for a centrally-located park. He observed that an advantage of the land was that it did allow access to the regional trail system. Mr. Daley expressed concern that if the development installed the road, it should be designed correctly so it would not have to be redone later. Mr. Smith commented that a bond could be tendered in lieu of constructing the road.
Mayor Ellertson commented that there were three options available to the City and the developer, to build the road to the edge of the property, to bond for the road to the edge of the property, or to give the land in lieu of the bond. He expressed a reluctance to relinquish the bond and felt that the road was needed to the edge of the property. Councilmember Dain agreed and observed that 1200 East is an important road. He felt that the road would be needed much sooner than originally thought.
Mr. Daley asked if the City would require a temporary turnaround at the edge of the property. Mr. Dameron observed that the road would dead-end beyond the last house. The Council decided that a temporary turnaround would not be necessary. Mr. Daley requested guidance on the design so that it would not need to be constructed two or three times. Councilmember Dain assured him that the City Engineer was working on the design. The Councilmembers concurred that the 1200 East collector should be constructed to the property edge.
Mr. Daley thanked the Councilmembers for their input. He would convey the message to his investors. He was asked the selling price of the lots in the Meadows at Bald Mountain subdivisions. He replied that Phase I was priced from $72,900 to $102,000 and Phase II would start at $85,000.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Announced the Engineering Coordination Meeting for April 26 at 12:00 noon. Councilmember Acerson said that he would check his schedule and call Mr. Dameron to let him know if he could attend.
2. Reminded the Council of the Ribbon Cutting and Dedication Ceremony planned for the Veterans Memorial and Lion’s Club Building.
3. Reported that Chief Building Inspector Phil Brown was assembling the remodeling cost estimate for the downstairs east wing. Mr. Brown had informed him that a second furnace would be needed for the wing, so costs may be higher than anticipated.
4. Reported that City Engineer Dave Thurgood had submitted a concept plan for the Hollow Park. There were a few changes requested which would be incorporated, then another public hearing would be held to present the plan to the residents of the neighborhood.
5. Asked the Council for their response to the letter from the regional office of JUB Engineers asking for input on economic trends.
6. Reminded the Council that they had offered to evaluate Senior Projects for the Pleasant Grove Senior High School. They needed to contact Mr. Blaisdell as soon as possible.
7. Asked for comments from the Council on the design of the urban compact roundabout that had been submitted by City Engineer Mark Christensen. The Councilmembers discussed the design and noted some power and telephone poles that would need to be moved. They asked Mr. Dameron to have Mr. Christensen submit two cost estimates, one as designed and one with the entrances to the roundabout narrowed.
8. Reported that ULCT Convention presenter, George Shaw, had consented to reprise his presentation in Pleasant Grove/Lindon on May 27th at 7:00 P.M. The presentation would be open to the public.
9. Announced that he would be traveling with his family for Spring Break. Mr. Dameron will be back in the office on Tuesday, April 24th.
COUNCILMEMBER DAIN MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO ADJOURN TO THE EXECUTIVE SESSION. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO RECONVENE THE CITY COUNCIL. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO ADJOURN AT 11:04 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - May 1, 2001
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Ott H. Dameron, City Administrator/Recorder
Attest:
______________________________________
Larry A. Ellertson, Mayor |
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